HomeMy WebLinkAbout03/06/1984 MEMO TO: Mayor a-id Council
FROM: John K. Anderson, City Admin.
RE: Non-Agenda Informational Items .
DATE: February 29 , 1984
I . Great News ! Bo Spurrier has learned that the Met Council
has approved the right-of-way purchase for the by-pass
of Lot A by the Mall and Kalarne Hills . Bo said he is
still negotiating on other properties near the Mall . If
you don' t remember,` Shakopee is the first City using this
new right-of-way acquisition program, and Bo deserves a
lot of thanks for getting us in the door. first .
2 . On February 7th, Councilman Wampach questioned if the
City wohld be in violation of the Cable Franchise Ordinance
if we accepted a check from Zylstra United for fines ,
rather than drawing down on the security fund and then
having ZU reimburse the City. Mr. Coller has responded
that the Company may pay a fine levied and leave the
account at its full amount .
3 . Attached is a letter from Rod Krass reviewing the City ' s
right to use assessment waivers in conjunction with
developer ' s agreements . This opinion was requested by
the Planning Commission for the Prahm-Coll plat .
4. Attached is the Evensen Dodge Newsletter for February ,
1984. Please note the information on Bond Insurance .
5. Attached is the Agenda and Registration Form for the
upcoming Government Training Service (GTS ) workshop on
duties and powers of zoning boards of appeals and
adjustment .
6 . Attached is a letter from Representative Frenzel regarding
activities at the' National level on tax-exempt bond pro-
visions . Whether, youu agree or disagree with the findings
of the study" ' t is clear that any action taken will have
to be National in scope if it is to be fair for. all Cities
in the U.S .
7 . Attached is a etter from Commissioner Richard P. Braun
favoring the acceleration of the excise tax transfer.
8 . Attached is the monthly calendar for March.
9 . Attached are the Agendas for the March 8 , 1983 Board of
Adjustments and Appeals and Planning Commission Meetings .
Non-Agenda Informational Items .
Page 2
February 29, 1984
10. The Prahm-Coll conditional use permit (CUP) appeal
scheduled for 3/6/84 has been rescheduled for 3/19/84.
All property owners were notified and Council will be
acting on the rezoning, preliminary and final plan and
then the CUP in that order. Because Council needs a
4/5 majority for the rezoning, everyone should plan to
attend the Monday 19 , 1984 meeting.
JKA/bn
Law Offices of
KRASS, MEYER, KANNING & WALSTEN m r
Chartered
Suite 300
Marschall Road Business center Phillip R. Krass Paralegals
327 South Marschall Road Barry K. Meyer Susan M.Brown
P.O. Box 216 Philip T. Kenning Barbara J.Hedstrom
Shakopee, Minnesota 55379 Trevor R. Walsten
(612)445.5080
February 21, 1984
;OA
Mr. John Anderson
Shakopee City Administrator
129 East First Avenue
Shakopee, MN 55379
G
Re: Assessment Waiver in Developer's Agreement
Dear John:
You asked me to render an opinion as to whether or not the City could
require, as part of its Developer's Agreement, a waiver of appeal rights to a
Chapter 429 project petition as part of the Developer's Agreement. As you are
aware, the basis for a 429 project in a Developer's Agreement is as an alterna—
tive to the developer constructing those public improvements initially and
without public participation. In my opinion, it is perfectly permissible to
offer Chapter 429 as an alternative procedure in the platting process for the
construction of those public improvements and to require the developer to
agree to pay the cost thereof without the City having to concern itself with
whether or not there will be an appeal. If such were not the case, the City
would simply be required to take the position that the developer would have to
construct his own public improvements at his own cost and do so up front. We
have, therefore, in my opinion, given adequate consideration to request the
waiver.
Hopefully, this will help clarify the situation.
Yours very truly,
KRASS, MEYD- KANNING & WALSTEN
�?
CHART -
Phi lip R. Krass
PRK:dk
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till
THE EVE-NSE-N. DvYGE REPORT
Trends In Public Finance
3608 IDS Tower, Minneapolis, MN * February, 1984 * 612/338-3535 * 800/328-8200 800/328-8100 MN
Market Trends Rostenkowski Bill The MFOA plan would also require
state or local government issuers to retain
Rates Unusually Stable substantial operational control over the
program and to provide funds or other
Congress Considers assets to secure payment or a significant
Tax-exempt interest rates have IDB Curbs part of the debt service, independent of
displayed unusual stability since lease rentals or other amounts provided
mid-1983. The graph on the re- by a private firm occupying a major
verse side shows movement in The municipal market and issuers of portion of the facility.
rates from 1982 to the present industrial development bonds (11313's)
us ing the Bond BuyersIndex(BBI) have__urged Treasury and Congressional
of 20-year bonds and one-year leaders to change the January 1, 1984, Ond 1 nsurance
effective date for proposed restrictions on
U.S. Treasury bills. private-purpose IDB's to avoid a disrup When Are Belts
The BBI edged slightly higher tion in the market. Although the curbs
late in the year in response to a have not been approved by Congress, And Suspenders Too Much?
surge of new issues in December, their existence in the House Ways and
Its four hi hest 1983 readin s Means Committee's tax bill makes the Insurance for tax-exempt bond issues
g g issuance of private-purpose IDB's dif- has been available to issuers, under-
were recorded in four consecutive ficult because Congress could approve writers, and investors since the early
weeks in December. The bond the curbs, including the January 1 effec- 1970's. More recently the number of
market was responding to antici- tive date, any time during 1984. If bonds insurers and the variety of insurance
pated legislative changes and a issued in the interim did not conform to methods have significantly grown in
the provisions of the Bill, the interest response to strop investor support.Over
fear that the strong growth of the could be declared taxable. 10% of new issue p
in 1983 carried insur-
economy, combined with large Sources close to the Committee believe ance. A wide array of insurers now com-
federal deficits, would lead to ex- that the Ways and Means Committee petes for the traditional and newly emerg-
cessive demands for credit and does intend to change the troublesome ing areas of public finance. Specialized
force the Federal Reserve Board January 1 effective date,but it is unclear insurance programs are available in such
to keep a tight clamp on the Whether the new effective date will be- fields as student loan,industrial develop-
come the date Congress passes the Bill or ment, health care, housing, and agricul-
money supply. Since then, how- some specific future date. Recent reports ture.
ever, there have been some in- indicate that the change may not be made The cost of bond insurance is typically
dications that the growth rate of until a last minute conference with the borne by the issuer directly or through
the economy has been moder- Senate to prevent an issuing frenzy in the the net interest rate bid by underwriters.
ating, raising hopes that the Fed- municipal IDB market. (continued)Compounding the problem is a linger-
eral Reserve Board will moderate ing feeling among many legislators that - -its credit policy and permit lower the House will not consider the tax bill at Montana
interest rates. all if Ways and Means again refuses to let Financial Advisor
Uncertainty persists concern- the House vote separately on the specific
ing the nature and effect of re- provisions, including the controversial
Montana has
proposal to put a $150-per capita state The State o app
ointed
strictions on certain private- volume limit on private-purpose IDB's. of
Montana
Dodge, Inc. as financial ad-
purpose issues. It seems likely Meanwhile,Treasury is reported to be visorfor allstate bond issuing authori-
that until Congress clarifies their considering a proposal by the Municipal ties. The firm will act as overall finan-
status, few private-purpose Finance Officers Association to create a cial advisor to the State. Several new
issuers will come to the market, separate category of IDB's for projects financing authorities were created in
f art o
with a clear public purpose. The MFOA 1983 as the "Build Montana"
thus increasing competition plan exempts public-purpose IDB's from p
program. Evensen Dodge will assist
among underwriters for public- private-purpose restrictions on IDB's, state agencies in financing housing,
purpose tax-exempt bonds. This while encouraging Congress to change student loan, agriculture, highways,
factor appears to have resulted in tax laws to treat IDB's with a clearly
pp public purpose as traditional municipal health care, economic development,
a slight decline in tax-exempt revenue bonds.This would set them apart and municipal, water, and general
state building projects.
interest rates in January. from IDB's that benefit private interests.
Evensen Dodge,Inc.,formerly T.G.Evensen&Associates,Inc.,was founded in 1922 as the nation's first independent financial consultant to
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state,regional and local governments.The firm assists its clients in planning,structuring and marketing cash now,capital improvement and
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other long-term financing.Evensen Dodge also prepares feasibility studies,performs rate analyses,and provides computer services,software,
and a variety of additional financial services.
BOND BUYERS INDEX Bond Insurance
(continued from front)
February 2, 1984 1982-84 MARKET HISTORY
Prepared by Evensen Dodge, Inc. b single premium is paid when the
bonds are delivered. Investors may
15.0% also purchase bond insurance on indi-
vidual bonds.The amount of the single
premium is usually pegged to a per-
14.0% 20 Year G.O. Index tentage(.30%to 2.50%)of total princi-
This Week - 9.51% pal and interest on the bond issue.The
Last Week -9.59%> insurance can add from .5 to 1.25%to
13.0% the net interest cost, depending upon
1 Year Treasury Bills the term of the issue and the premium.
EW, This Week - 9.6507c, Issuers should carefully evaluate po-
12.0% Last Week - 9.72% tential benefits before insuring their
bonds.The benefits of bond insurance
W include a broader market for the bonds
11.0% and lower borrowing costs. Condi-
-+ tions which indicate that an issue could
benefit from bond insurance include
10.0% large issue size, an over-supply of
similar issues in the market,and poor
credit characteristics.
9.0% Often, bond insurance is the neces-
sary ingredient for investors to con-
sider purchasing a particular issue. In
8.0% other cases the net interest rate is lower
Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb with insurance. Bonds qualified for
insurance will be rated "AAA" by
RECENT BOND SALES Standard and Poor's Corporation,but
the interest rate is usually above the
Amount BBI NIR rate on uninsured AAA-rated issues.
Date Issuer (000's) Purpose Maturity % Rating % Issuers, underwriters, or investors
1-05 Norwalk,IA $ 195 Improvements 85/94 9.66 NR 9.87 may request that an insurer qualify an
1-09 Bloomington I.S.D.4271,MN 12,700 TAC 3-85 9.67 MIG-1 6.06 issue. Information similar to that pro-
1-09 Pflugerville I.S.D.,TX 8,000 School Building 86/03 9.67 Baal/BBB+ 9.72* vided to a credit rating agency is
1-10 State of Ohio 90,000 Higher Ed.Fac.Rev. 84/98 9.67 A/A 8.73
1-10 Anaheim Redev.Agency 64,000 Redev.Ref. 84/05 9.67 NR 9.11* requested and examined-by the in-
1-10 State of New Jersey 125,000 Various 85/04 9.67 Aaa/AAA 8.37 surer,using certain legal and financial
1-10 Florida Dept.of Nat.Resources 25,000 Coastline Rev. 85/08 9.67 A/A- 9.49* criteria. An issue meeting these mini-
1-10 Itasca County,MN 400 GAN 2-85 9.67 NR 6.29 mum criteria does not automatically
1-11 Port of Portland,OR 3,000 Improvements 85/89 9.67 Aaa/AA+ 6.64
1-11 Mississippi Riv.Sub. qualify for insurance.
of the Met. Deciding whether to qualify an issue
St.Louis Sew.Dist.,Mo 10,000 Sewer Imp 88/99 9.67 A 9.07* for insurance is often difficult. For
1-12 Garland I.S.D.TX 20,000 School Bldg. 86/05 9.67 Aa/A+ 9.05 issues sold on a competitive basis, the
1-17 West Allis,WI 3,300 Various 85/94 9.60 A 8.02
1-17 Ft.Mill S.D.#4,SC 11,400 School Bldg. 86/04 9.60 A/A 9.13 issuer can initiate the qualification
1-17 Sunnyside Un.S.D.#12,AR 13,210 School Imp. 86/94 9.60 A/A 8.43* process, and the winning underwriter
1-17 Somerset County,NJ 8,200 College 85/94 9.60 Aal/AAA 7.59may purchase the insurance at its
1-17 Melbourne,FL 8,105 Water&Sewage Rev. 85/02, 9.60 NR 9.57
04,09, 14 option. In this way the underwriter
1-17 Riverside Co.,Flood Control& makes an economic decision to pur-
Water Con.Dist.,CA 6,000 Storm Drainage 87/97 9.60 Aa 8.53 chase the insurance. The underwriter
1-17 King Co.Fire Protection will buy the insurance if the yield to
Dist.439,WA 5,000 Various 86/94 9.60 A 8.63 final investors can be reduced to a level
1-17 Falmouth,MA 4,400 Sewer Loan 85/94 9.60 Al 7.11
1-17 Winchester,KY 4,700 Utility Revenue 85/07 9.60 A 9.59 from which the cost of insurance can
1-18 Wilmar,MN 545 Tax Increment 87/01 9.60 NR 8.84 be recovered in the underwriting
1-18 Ventnor City,NJ 3,000 Improvements 85/96 9.60 A/BBB+ 8.24* spread,with a resulting lower net inter-
1-18 Portland,OR 10,000 Sew.Fac.Rev. 85/04 9.60 Al 9.24* est cost for the issuer.
1-19 Bemidji I.S.D.#31,MN 2,000 TAC 2-85 9.60 NR 6.15
1-23 Chandler Un.S.D.#80,AR 9,000 School Imp. 85/94 9.59 A 8.50 When used effectively, municipal
1-23 Worthington,MN 1,425 Improvements 86/01 9.59 Al 8.61 bond insurance provides issuers with
1-23 Billings,MT 3,435 Sew.Sys.Ref.Rev. 85/03 9.59 A 9.07* an important credit and market en-
1-24 Eau Claire,WI 1,175 Tax Increment 88/02 9.59 Aa/AA 8.81 hancement tool. Not all issuers will
1-24 Oxnard Pub. Fac.Corp.,CA 11,890 Lshld.Mtg.Rev. 87/01, 16 9.59 Baal/BBB+ 10.67
1-24 Middlesex Co.,New Jersey 21,500 BAN 1-85 9.59 NR 5.58 benefit from insurance. The decision
1-24 Los Angeles,CA 52,185 Equipment Acq. 85/90 9.59 Aa/A+ 7.32 to consider insurance and select an
1-24 SSD#1,Minneapolis,MN 35,000 TAC 2-85 9.59 MIG-I 5.59 insurer is complex, requiring a review
1-24 McKinney I.S.D.,TX 16,800 School Bldg.Bonds 85/09 9.59 Baal/BBB+ 9.31* of market conditions, structure of the
1-25 State of Delaware 50,000 Various 85/09 9.59 Aa/AA 8.28
1-25 Duluth I.S.D.#709,MN 4,100 TAC 2-85 9.59 NR 5.91 financing, legal and financial charac-
1-25 Salt Lake Co.,Utah 33,500 Flood Control 85/90 9.59 Aaa 6.79 teristics of the issue, and the various
1-26 Dekalb Co.Pub. types and costs of insurance programs
Bldgs.Comm.,IL 2,000 Pub. Bldg. Rev. 85/92 9.59 Aa 7.49
* available.
Insured
Please distribute additional copies to members of your board or council.
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'`BILL FRENZEL
MINNESOTA OFFICE:
THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN
Room 445
WASHINGTON OFFICE: 8120 PENN AVENUE SOUTH
1026 LONGWORTH BUILDING }� Q�Q� //�/p�w }�' Q� BLOOMINGTON,MINNN ESOTA 554$1
202-225-2871 Conarto of the "niteb *tateq 612-881-4600
jboua of Repre5entatfbeg
RUbington, 3B.C. 20515
February 23, 1984
Mr. and Mrs. John K. Anderson
971 Swift Street
Shakopee, -MN 55379
Dear Mr. and Mrs. Anderson:
Because of your interest in the tax-exempt bond provisions in H. R. 4170, 1 wanted
to keep you up-to-date on proposed modifications which will probably be considered
when the Ways and Means Committee resumes work on the bill, possibly as early as
Wednesday, February 29th.
As you know, in an attempt late last year to relieve some of the pressure on the $150
per capita volume cap which has been proposed in H. R. 4170, an amendment was added
to the bill which removed multi-family housing bonds from the cap. Unfortunately, this
concession, while widely acclaimed, was viewed by many people as too little, too late.
It appears now that, when the Committee resumes work on H. R. 4170, another change
will be made in the bill which is designed to relieve some more of the pressure on the
cap. What will probably be proposed will be to remove still more types of projects out
from under the cap. These projects will be those which can be defined as at least
Ilquasi-public purpose", and may include such items as sports facilities, airport bonds,
bonds for mass-commuting facilities, and others. The test for whether a project has a
"public purpose" may be completely redefined in order to take more projects out of the
cap. Thought is being given to a test that looks at the degree to which the public
issuer owns, controls or has some financial commitment to the project.
Until a possible compromise is unveiled, which ought to occur next week, I do not
have the information to provide you with more precise details as to its substance. In
view of the importance of this issue, however, I thought it would be important to let
you know how things stand right now. As soon as any additional action is taken or
contemplated, I will let you know.
I have also enclosed for your perusal a copy of an article which recently appeared
in the Washington Post concerning the battle over tax-exempt bonds. I think the
article provides some good background information as to what Congress is facing
with respect to the tax-exempt bond issue.
Yours very truly,
T��
Bill Frenzel
Member of Congress
BF:dbr
enclosure
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
M N(SOTA OFFICE:
_QILI,FRE14ZEL MAreETN Com*sreNSEN �,
TI�C�Y:^.Sr.lcr.M•VNESOTA ROOM 445
8120 PENN AVENUE SOUTH
WASHINGTON OFFICE' ��}► Q'[� j�' [� BLOOMINGTON MINNNISOTA 5543 1
1028LoNGwO11THBvnoiNn (11 ongre!g of the 'niteb m*tlate.La' E,2_88,_,tsOp
202-225-2871 4�
J[)ou!6e of Aepre5entatibeE;
Ria.5bington, 33.C. 20515
skimping on repairs has left a large
&0NT0N1UCP . jumped from 29 to 56 percent, ac- backlog of public works projects.
To some extent, these traditional
cording to the Treasury. The newer
t R y� bonds typically are issued by special responsibilities suffer as local offi-
Tax-Exam (�r lJ�1 ��S� agencies(such as a housing authority cials attempt to offset federal cut-
• or economic development agency), backs in other areas. When Congress
JE which funnel the funds to borrowers. trimmed hospital, housing, economic
•�jn CThe ultimate borrower, not the gov- development and student loan pro-
A Stu- d :' 11 Poli " ernment, then is responsible for re- grams, states and localities—with
..y paying the bonds. the self-serving assistance of bond
Although devoted to lofty goals- lawyers and underwriters—re-
By Robert J.Samuelson' The bonds'have defied both from stimulating economic develop- sponded with new forms of tax-ex-
House Ways and Means Political .control" and economic. ment to promoting home ownership= empt financing.
Chairman Dan Rostenkowski conditions.Despite higher interest the new bonds erode the federal tax - The resulting system escapes both
(D-Il)!) is the latest legislator to rates, bond volumes have jumped base and raise interest rates on pub- political and economic discipline.
discover the politics of tax-ex- 85 percent since 1979 to $89.5 lic-purpose bonds.Public construction Because most. new tax-exempt bor-
empt bonds. billion.The lure is simple enough. becomes more expensive, and the al- rowing falls utside local budgets,
Last year, he proposed curb- Because interest payments aren't location of cheap credit for private neithei voters nor legislators need to
ing the proliferation of the subject to tax, affluent bondhold- uses increasingly reflects political, not decide how. to -spend scarce loan
bonds. You might think that a ers can accept lower rates and economic,efficiency. funds. But, of course, the funds are
bill intended to cut-federal def- come - out - ahead.' .Tax-exempt The borrowers' benefits are scarce: Loans made for one purpose
icits and redirect tax-exempt fl- rates have traditionally been 20 to clear—their interest rates can be cut almost certainly divert funds from
nancing away from p;ivate proj- 35 percent below rates on compa- up to two-fifths—but the public's other purposes.
ects such as shopping centers rable taxable bond& are not.A General Accounting Office Congress could end this sham by
What underlies the bonds' study, for example, disputes the ar- limiting the tax-exempt authority to
CaNmErT.4RY explosive growth is the availabil- gument that mortgage -bonds pro- narrow public purposes. But so far it
ity of this inexpensive credit for mote much home ownership. About has been unwilling to confront pow-
and toward traditional public a growing list, of private pur-• three-quarters of the borrowers erful local lobbies. Even Ros-
works such as roads,sewers and poses. Traditionally, tax-exempt. could have afforded homes without tenkowski's bill imposed only mild
schools would "pass Congress by - bonds were issued by state and the extra subsidy,GAO estimated. restrictions. Although the measure
acclaim.It didn't. local governments, which repaid The idea that the bonds stimulate will be revived and faces better pros.
Anyone trying to fathom. the the-bonds from local taxes. and much local economic development is peas, its limited effect is suggested
deficit deadlock_can'profit by b the revenue it would raise: an
Rostenkowski's experience. The used the proceeds for public con- more far-fetched. Because many lo- Y
struction. But private-purpose calities now provide so-called indus- estimated$326 million in 1986..
tax-exempt-bond explosion is a Most local officials easily ration-
modern marvel—a phenomenon ' bonds—used," for-example, to trial revenue bonds, the availability Y
finance -,industrial projects, of bond money ceases to be a com- aline the bonds. Low available to
interesting)in its own right but etitive factor in site selection. loans are a. patronage available to
also enormously revealing of the stores, home mortgages and stu- P them at no cost Profits even can be
problems of fashioning sensible dent loans—now account for the Moreover, about two-thirds of the
majority. borrowers are restaurants,stores and made: Inexpensive tax-exempt bor-
economic and budget policies. -y local services that aren't eo rah rowings can be reinvested swiftly (if
It's a case study in the economic Since•1975, their share of all g g P temporarily) at hi her rates. As for
inefficiencies caused by practical new tax-exempt bonds has ically mobile," p° Y g
Nor do most borrowers need the the effect on interest rates, local of-
politics. subsidy. As economic development frcials can argue plausibly that small
specialist Michael Barker noted: 'movements in rates on tax-exempt
"Since [the bonds] are backed only issues are completely overshadowed
by the revenue of the recipient, they . by general shifts in rates.
can only be sold for companies thatIn the end, the economic ineffm-
are, by definition, creditworthy." ciencies are often politically irrele-
The Congressional Budget Office vant. No one notices if investment is
lists the largest beneficiaries since miiallocated and inefficient. Groups
1977 as: K mart Corp., $301 million; such as the National Governors' As-
Kroger Co., $146 million; Dow sociation deplore federal deficits one
Chemical Co., $102 million; and day and defend the proliferation of
McDonald's Corp.,$86 million. tax-exempt bonds the next.- The
By contrast,the costs of the bond bonds serve so many interests—
explosion are much clearer. The lucky borrowers, wealthy taxpayers,
Treasury estimates the 1983 revenue local officials—that Congress can't,
loss for private-purpose bonds at or won't,kill them.
$7.4 billion, almost as great as the And that's just the point. Almost
$9.1 billion for public-purpose any group can rationalize a defense
bonds. Meanwhile, interest rates on of its own program The tax-exempt.
tax-exempt bonds are near historic bond explosion is symptomatic of
highs compared with taxable bonds; larger confusions. We have increas-
higher volumes of tax-exempt bonds ingly mixed public and private re-
require higher relative rates to at- sponsibilities. There are no easy
tract more buyers. rules for determining what should be
Roetenkowsid's bill would have the province of government and
taken some-not much—of the pres, what shouldn't. The bitter budget
sure off interest rates by limiting struggle, the huge deficits and lack-
growth - of private-purpose bonds:" luster economic efficiency—these are
Higher rates only can hamper .the inevitable results.
job of providing good roads,water' Samuelson is a Neu suerk cls!.. n-
systems and jails. Fifteen years of ni.sl.
7
,\iANE3pTq
O 2
D ° Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Q
tiT OF
Office of Commissioner 612-296-3000
r Sf ;
February 23 , 1984
CIT i OF
John K. Anderson, City Administrator
Shakopee City Council
129 East First Avenue
Shakopee, MN 55379
Dear Mr . Anderson:
Governor Perpich has forwarded to me your February 7th
resolution favoring the acceleration of the excise tax transfer
from the General Fund to the Trunk Highway Fund. I want to
thank you for your concern in the funding issues which face the
Department of Transportation. By going on record in support of
this legislation, the Shakopee City Council has demonstrated a
clear committment to better Minnesota roads.
Again, I sincerely appreciate your resolution. Your support of
transportation issues can have a positive effect on the
economic growth of our state.
Sincerely,
Richard P. Braun
Commissioner
cc: Governor Rudy Perpich
An Equal Opportunity Employer
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TENTATIVE AGENDA
Board of Adjustment and Appeals
Regular Session Shakopee, Minnesota March 8, 1984
Chairman Schmitt Presiding:
1 . Roll Call at 7 : 30 P.M.
2 . Election of Officers
3 . Passing of the Gavel
4 . Approval of February 9 , 1984 Meeting Minutes .
5 . 7 :35 P.M. PUBLIC HEARING: Request for a 20 foot variance
from rear yard setback requirements in order to construct
a single family dwelling on Lot 1 , Block 1 , Horizon Heights
3rd Addition .
Applicant: William J. Klein , 15513 Green Meadow Circle,
Carver 55315
Action: Variance Resolution No. 359
6 . Other Business
7 . Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
TAPE 0 0RDEI gI�UTES
Archives:
No. of Yrs.:
PROCEEDINGS OF THE ----
BOARD OF ADJUSTMENTS AND APPEALS
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 9, 1984
Chrm. Schmitt called the meeting to order at 7:30 p.m. with Comm. Koehnen,
Czaja and Stoltzman present. Comm. Perusich, Coller and Rockne were absent.
Also present were Judi Simac, City Planner; John K. Anderson, City Admr. ;
H. R. Spurrier, City Engineer and Cncl. Vierling.
Koehnen/Czaja moved to approve the minutes of January 5, 1984 as kept. Motion
carried unanimously.
Czaja/Stoltzman moved to adjourn to 9:45 for election of officers when other
commissioners are present. Motion carried unanimously. Meeting adjourned at
7:34 p.m.
Judi Simac
City Planner
Diane S. Beuch
Recording Secretary
x
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, Minnesota March 8, 1984
Chrmn . Schmitt presiding
1 . Roll Call at 7 :45 P.M.
2 . Election of Officers
3 . Passing of the Gavel
4 . Approval of February 9 , 1984 Meeting Minutes .
5 . 7 : 50 P.M. PUBLIC HEARING (Cont. ) : Preliminary Plat of
Fox Fun , 32 ac . parcel lying on the Easterly and Northerly
boundaries of Prior Lake , So. of Horizon Heights and W. of
Muhlenhardt Rd .
Developer : Fred Corrigan & John Biwer , 5005 Martindale
Prior Lake 55372
Action: Recommendation to City Council
6 . Discussion: Amend. to ordinance to permit historic residences
in a B-1 district .
7 . Discussion: Flood Plain Zone Corrections .
8 . Discussion: Revisions to Shoreland Ordinance
9 . Informational Items: a) Council response to Planning
Commission comments on extension
of tax increment district
b) Annual Report
c) Prahm-Coll Appeal
10 . Other Business
11 . Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
TAPE RECORDED MINUTES
Archives:
fto. of Yrs.:
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 9, 1984
Chrm. Schmitt called the meeting to order at 7:34 p.m. with Comm. Koehnen,
Czaja and Stoltzman present. Comm. Perusich and Rockne arrived later and
Comm. Coller was absent. Also present were Judi Simac, City Planner; John
K. Anderson, City Admr. ; H.R. Spurrier, City Engineer and Cncl. Vierling.
Czaja/Stoltzman moved to approve the minutes of December 29, 1983 as kept.
Motion carried unanimously. A request was made to have the tape of the
meeting preserved in the City's archives for one year.
Stoltzman/Czaja moved to approve the minutes of January 5, 1984 as kept. Motion
carried with Comm. Koehnen abstaining because of her absence at that meeting.
Comm. Perusich arrived and took his seat at 7:36 p.m.
Czaja/Koehnen moved to approve the 1983 Annual Report of the Shakopee Planning
Commission and Board of Adjustments and Appeals and to forward it to the City
Council. Motion carried unanimously.
Comm. Rockne arrived and took his seat at 7:37 p.m.
DISCUSSION - PROPOSED REVISIONS TO SUBDIVISION PROCEDURES
The City Planner said she has received some inquiries about phased developments
and the creation of some small lots, and preliminary approval would be requested,
but final approval is sought for a different lot split. The City Planner further
demonstrated how this phased development might work. Legal opinion is that
although it is legal, it is a way of "backing into" the development. The
County.Assessor said this type of development would put the City in the posi-
tion of subsidizing the development. The League doesn't think this would be
of any benefit to the City.
The City Planner said the City has no standard for the creation of outlots.
She said most cities require the lot to be designated as a future use which
must be replatted.
She also asked if preliminary approvals should be extended for longer periods
of time for phased developments.
The City Admr. went over the tax implications involved for a developer in a
phased development. He said it is an extreme burden on a developer if he cannot
claim the homestead credit. The developer can protect the land from the tax
laws if it doesn't have final approval. This extention of time could encourage
developers to plat larger pieces. Some discussion followed.
RockneA oehnen moved to direct staff to research these issues regarding sub-
division procedures and bring back alternatives, including what other communi-
ties are doing, for the meeting in March. Motion carried unanimously.
Shakopee Planning Commission
February 9, 1984
Page 2
PUBLIC HEARING - PRAHM-COLL REQUEST FOR RE-ZONING
Stoltzman/Czaja moved to open the public hearing on the request for re-zoning
of a 10 acre parcel from R-4 to B-2. Motion carried unanimously.
The City Planner gave an over-view of the three public hearings to be held
regarding the same proposed building and applicants. She said the applicant
is Prahm-Coll Properties, who wish to construct a ballroom. She showed on
a map the area they want to re-zone. They also are requesting preliminary
and final plat approval of a 20 acre parcel, with the ballroom to be built on
5 acres. The ballroom needs conditional use permit approval. She outlined
the staff considerations. It is a joint application with George Seidl.
Dean Colligan said he is one of the developers, along with Willard_Prahm, who
is present tonight, and Elmer Prahm, who is out of town. He said this develop-
ment is consistent with the comprehensive plan and he hopes Planning Commis-
sion looks favorably on it.
Chrm. Schmitt said the proposed use of the property is a conditional use in
all of the adjoining zones, including the zone it is in, as well as a permitted
use in the I-2 zone.
Chrm. Schmitt asked for comments from the audience.
Gene Goemer, 2525 East 4th Avenue, said that his is the house that is kitty-
cornered from the property. He said there is only 324 feet from where his lot
ends and theirs starts. He said 4th Ave. cannot handle that kind of traffic,
and there is no main highway to get in or out. A ballroom of that size will be
very noisy at closing time. He said he bounced at Richard's Pub and the air
conditioning could not keep up with the heat, and they constantly had to open
the doors, which brings the noise outside.
The City Engineer responded that 4th Ave. can handle the traffic and weight.
The people in the parking lot would not be able to leave all at one time, and
he would assume they would not be arriving all at one time. The traffic count
now is such that this would not exceed the limit for the road. He added that
if the facility was used primarily at 7:30 a.m. and 4:30-5:00 p.m. , it would
adversely affect the intersection of CR17 and 4th Ave. But this facility's
peak use does not coincide with high volume traffic. He said the shift change
at Certainteed only accounts for about 50 cars in 15 minutes, which does not
exceed the weight limits. In order to justify a semaphore, there has to be
cars waiting one and a half minutes for 8 hours of a day. He said the last
traffic count was done last summer.
Mr. Colligan explained the entire project, and showed maps and blueprints to
illustrate the proposal. He said plans have been in the process for 4 years,
and started to take serious form 2 years ago. He said he checked many facili-
ties in the area and found it was hard to get a reservation for a wedding re-
ception, anniversary, etc. He said this facility is designed primarily for
wedding receptions, anniversary parties, and other private parties, but they
don't think that will be enough to make it financially feasible. They also
would like to promote company parties and business presentations and seminars.
He said they looked at several properties, which turned out to unavailable be-
cause of one reason or the other. He said this property is owned by George
Seidl, and they were able to arrange a financing package with a local bank.
He said they personally examined the interior and exterior of many, many ball-
rooms, clubs, KC Halls, etc. He stated he and the Prahms will be building
this facility, and they will be managing it. It will not be like the former
Shakopee Planning Commission
February 9, 1984
Page .3
Doc Holliday's; there is no comparison. This will be a drastic contrast to
that. They plan to have a modest dress code.
Mr. Colligan went over the other physical features of the proposed facility.
He said it is set up to be divided, to be used for two parties at once. He
said there will be heat exchangers that will exchange all of the air in 22
minutes, to get rid of heat and smoke. He said they hope to preserve as many
trees as possible around the site. He said this building is their main con-
cern, and they are not building it to sell. He said they are planning on ball-
room type dancing Friday and Saturday nights, with Thursday night dances for
teens possible in the future. He said they would regularly have 3-4 officers
for police protection within the facility.
Nancy Goemer, 2525 East 4th Ave. , submitted a petition signed by those opposed
to this ballroom at this location. She said she feels the road is inadequate.
She said the road is very populated now with walkers and bikers, and there is
only a gravel shoulder on it. She said this will be drinking traffic, and she
is afraid pedestrians will become victims. She said a lot of the patrons will
not be local, and there is nothing that can be done to keep the ballroom from
filling to capacity. The biggest concern is this will be drinking traffic, not
business or work traffic. She said the people in the townhouses are concerned
about the litter and debris. She is also concerned about minors walking from
McDonalds to the ballroom and sitting in the parking lot. She asked about po-
licing in the parking lot. She said she talked to Duane Bickett, who patrols
in the Carver area, and is familiar with Lakeside Ballroom. He said he forsees
traffic problems, bottle club members, young crowds, riff-raff, and minors get-
ting young adults to purchase booze for them and drinking in the parking lots
by minors. He said Lakeside has to be policed by the County, not just their
own officers. She said this is different than the people who go to the KC Hall,
which is private and close friends of members. She said her house is only 325
feet from where one of the entrances will be. She doesn't believe it would be
safe to bike on the road with that kind of traffic from a ballroom. She said
when they bought their house in that area it was light industrial around them,
and they didn't think anything like this could be built. She said they would
never buy or live near a ballroom. She said she thinks the safety of her child-
ren is in jeopardy. She said this is not the place for a ballroom.
Mr. Colligan responded that this area is I-1, where the City trying to encourage
development. He said the security they intend to hire would be from Scott
County or Shakopee Police, as they have the expertise for handling it. He said
they also expect to get regular patrolling from the City. He said there is
drinking and driving all over, and they are not serving the liquor. He said
the parking lots will be controlled, as they are not about to have anyone des-
troying their property. He said they are trying primarily to attract wedding
receptions, etc. He said there will be some type of dress code, and they will
not be having acid rock-type bands, but more .like the Shaw Band type rock.
Elaine Anderson, said she is the mother of Nancy Goemer, and lives at 20 Cedar
Street, Tonka Bay. She said her daughter and son-in-law had only 4 days to
react to this public hearing. She said she contacted the Medina Ballroom.
She said that ballroom started out the same way, with just week-end dances and
primarily for wedding receptions and just serving set-ups. She said their
dance floor is the same type proposed here and it is just super. But she said
when she was there she heard the most vulgar language and observed fights as
she left the parking lot. She said she called Medina Ballroom and several other
facilities in the area, and didn't have much trouble getting a reservation.
She said the Medina Ballroom originally was open only 3 days a week, and now
it is 7 days a week, with the bar closing at 1;00 a.m. each night.
Shakopee Planning Commission
February 9, 1984
Page 4
Ms. Anderson said this is her grandchildren's safety they are talking about.
She said her daughter's home is in an ideal spot, but if they had known a ball-
room was being proposed they never would have advised them to buy there. She
also said the developers will be taking out a great number of trees, and not
preserving very many. She said they measured out the area today, and there is
not much buffering provided. She said the facility could be beautiful, but they
will not make a go of it 3 days a week, and will soon be open more. She added
that when a liquor license is available, she is sure they will get one. She
said she is very opposed to it. She said her daughter and son-in-law have al-
ready contacted a real estate agent, though they don't want to move.
Chrm. Schmitt pointed out on a map the zoning in that area. He said the Goemer
home is a non-conforming use in an I-1 zone. That means they cannot do anything
to expand the home or construct any residential improvements on the property.
He said the City has tried to encourage growth in this area of highway business
and industrial businesses. He said the parcels near them can add on and build
merely be taking out a building permit. He said many industries have three
shifts around the clock.
Chrm. Schmitt said that with the proposed racetrack, there is substantial amounts
of development planned nearby. He thinks if the racetrack goes there, there
will be motels, restaurants and supportive businesses nearby. He said 4th Ave.
was intended to serve the industrial area, and not designed as a bike-way. It
might ultimately be expanded. He said the community has been aggressively work-
ing to attact development in this area. He pointed out that the I-2 boundary
is very close, and in that zoning this facility could be constructed without a
conditional use permit and without a public hearing. He said this situation is
unique because there is a dwelling in an industrial zone.
John Nelson asked if this site is served with sewer and water at this time.
The City Engineer responded that services have been extended to a point 66 feet
from the northeast corner of this parcel. Mr. Colligan said they plan to ex-
tend the lateral along 4th Avenue 66 feet. Further discussion followed regarding
whether or not sewer and water will go across someone else's property. Mr.
Nelson said he represents Jerry Sherburne, who owns the property, and he said
they do not have easement rights over that property. He submitted a copy of a
registered letter he sent to Prahm-Coll informing them of that fact. The City
Engineer said this property can be served, because the City can extend the
facilities in the street and assess the developer.
Comm. Perusich said he talked with Mr. Sherburne, who told him he has no greivance
with the easement, and has no problem with the services going on City land, and
they just could not agree on a price for the easement. He had no problem with
the re-zoning. His contention is only on the price of the easement to cross his
land.
Clyde Ramsden asked what direction the building sat, and how close it was to
the big hole on the property. He was answered that is 300 feet away.
Comm. Czaja asked about lighting in the area. Mr. Colligan said they intend to
flood the area of the parking lot, and the building will also be lighted.
Comm. Perusich said a lot of control has to be exercised with a drinking establish-
ment. But he said people also have a responsibility for themselves. He doesn't
Shakopee Planning Commission
February 9, 1984
Page 5
think you can legislate a law of morality. He would not vote against the
proposal on this criteria. He sees it as no more of a problem than the KC
Hall.
Comm. Czaja asked if the residents saw the KC Hall as a problem. Nancy Goemer
said she didn't think it was a problem, but she didn't think this is similar
to the KC Hall.
Mary Wallace said she lives at 300 Shawnee Trail where there is 60 units of
townhouses. She said any kind of light industrial use could go in there.
But with this, there will be two facilities with the same kind of people on the
one road. She said the entrance to the townhouses can back up with 8 cars,
and they can't get in their drive-way. She thinks the volume of traffic is
going to sufficiently affect the 60 units and houses involved, and won't really
bother anyone else. She said there will be a lot of drinking. Why have two
facilities of the same type on the same street. She said she is not opposed
to the racetrack, she is opposed to the drinking. She said these people will
be going to McDonalds and Burger King.
Chrm. Schmitt said the racetrack estimates 8,000 people, with 25106 of them going
west. The racetrack will also have a liquor license. He said the City had a
public hearing on the racetrack for the environmental impact stateiuent, and no
one showed up to discuss issues of traffic, noise and all the rest. He said
the racetrack will probably affect you as much if not more than the ballroom.
Someone else from the townhouses asked how they can be sure the ballroom doesn't
turn into another Richard's or Doc Holliday, and wanted to know how the condi-
tional use permit would be reviewed.
Ckirm. Schmitt said that one of the ways the City controls is with the liquor
license. It can be taken away from a business if there is sufficient cause.
He said the set-up license and 3.2 beer license also come from the City. The
City Admr. said that each liquor license has an annual renewal. .He explained
the three types of liquor licenses. He said that with each renewal request,
the City Council receives a report from the Chief of Police. He said that in
the case of complaints, changes can be negotiated, and if the complaints are
severe enough, the liquor license can be denied.
Steve Wallace, of 300 Shawnee Trail, said he doesn't believe it is that sure
that Shakopee will get the racetrack. That would bring mare tax dollars. The
ballroom will bring in a younger crowd than the KC Hall, and there will be more
rock and roll dances because that is where the money is. He doesn't think 3
people are enough to handle the crowds. He doesn't think Shakopee needs that
kind of thing, and he doesn't want to see it happen.
Bob Olson, 204 Shawnee Trail, said he can see the City made a strong commitment
to acquire the racetrack. He thinks the ballroom will have much less problems.
He said he would like to learn to ballroom dance. He said they do have a traffic
problem there now, as people try to go there to get to Burger King. He said he
works at Certainteed, and he thinks the trucks loaded with shingles present more
of a hazard to children. He doesn't see the ballroom as a problem.
Connie Orange, 848 Minnesota Street, said she hopes children are not out on the
streets at 1:00 a.m. when people who are drunk are driving. She was answered
that there are afternoon receptions also.
• Shakopee Planning Commission
February 9, 1984
Page 6
Someone from the audience said she would like to see more business in the area,
but a ballroom is nothing we need or want.
The City Planner went over the procedure for receiving complaints and reviewal
and renewal requirements.
Herb Hoffner, of the townhouses, said he gets the impression the advertisement
of this hearing was very low key, at the bottom of the page of legal notices,
a very inconspicuous place. He said he is a retired pastor, but he is not against
the ballroom on that basis. He does see problems with having either the race-
track or ballroom along 4th Avenue because it will close the road to the town-
houses at certain times of the day. He would think there would have to be a stop
sign at Shawnee, to let the residents in and out.
Chrm. Schmitt said when a public hearing is to be set, notice must be filed in
the local approved paper and published once. Typically, the notices are small,
and he doesn't think the City can specify where they are placed on the legal
page. Also, the applicant must submit a list of names of all landowners within
300 feet of the affected .property, and these property owners are sent a written
official notice that the public hearing will be held affecting the property.
Ken Ron of Shawnee Trail, asked what are the criteria for upgrading 4th Avenue.
The City Engineer replied structure condition and geometric shape of the road
determines the upgrading. He said 4th Avenue is part of the City's State Aid
street system. He said after it is upgraded, the City doesn't get any more
funds to subsidize its construction for 20 years. Therefore, because of the
lack of development and the proposed development, it is difficult to project
what 4th Avenue ought to be at this time. He added that there is on file now
an informational booklet on what areas will be impacted in the vicinity of the
racetrack, and projected traffic on 4th Ave.
Chrm. Schmitt asked if there were any more comments that hadn't been heard,
and there was no response.
Chrm. Schmitt entered into the record the Goemer petition which has J4 Signa-
tures on it opposing the ballroom. He also entered into the record the memo
from Jerome P. Sherburne regarding the easement.
Chrm. Schmitt explained the three separate public hearings regarding this ball-
room proposal. He asked if there were any further comments regarding the re-
zoning, as to whether or not it is appropriate.
Koehnen/Rockne moved to close the public hearing. Motion carried unanimously.
Koehnen/Stoltzma n moved to recommend to City Council that the 10 acre parcel
described as that part of the North 340.42 feet of the East Half of the South-
west Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying West of the East 4.0 rods of said East Half of the Southwest Quarter and
the North 340.42 feet of the East 2.0 rods of the West Half of the Southwest
Quarter of said Section 5 be rezoned from R-4 (multi-family residential) to
B-2 (Community Business). Motion carried unanimously.
Chrm. Schmitt explained this action re-zoned a parcel of land on the basis that
re-zoning is not spot zoning, but merely the changing of a zone because it is
contiguous to B-2 and a logical extension of that zone.
Shakopee Planning Commission
February 9, 1984
Page 7
PUBLIC HEARING - PRAHM-CALL REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL
Rockne/Stoltzman moved to open the public hearing regarding the request for
preliminary and final plat approval of a 20 acre parcel. Motion carried
unanimously.
The City Planner indicated on the map the parcel in question, and went over
tho staff considerations that haven't boon discussed. She said staff recommends
approval of the request with the revised recommended conditions, which she
read through. She explained the three options regarding sewer and water.
Chrm. Schmitt said that a previous legal opinion ruled that waiving of future
assessments could not be required by the City. The City Admr. stated that the
City Attorney could clarify the meaning in this case, and if it is not appro-
priate, that language can be deleted from the conditions. Mr. Colligan said
that Option No. 3 is their choice, with the exception of the waiver of future
assessments. The City Engineer said he is comfortable with Option No. 3.
Chrm. Schmitt discussed with the City Engineer the possibility of a second
access point.
Chrm. Schmitt asked if there were any comments from the audience about these
plans, and there was no response.
Perusich/Czaja moved to close the public hearing. Motion carried unanimously.
Perusich/Stoltzman moved to recommend approval to City Council of the prelimi-
nary and final plat of Prahmcoll First Addition, subject to the following con-
ditions and approval by legal counsel of the waiver element;
1. Approval of a title opinion by City Attorney.
2. Park dedication to be made in cash at the time of building permit issuance.
3. The entire plat shall include twenty acres; five acres shall comprise Block
1, Lot 1 and the area noted for Future Development shall be designated as
Outlot A, a fifteen acre outlot.
4. Execution of a recordable developer's agreement that designates Outlot A
as a fifteen acre non-buildable outlot that must be platted before a
building permit will be issued.
5. Execution of a recordable developer's agreement to install and pay for a
portion of the sanitary sewer and water laterals with an additional peti-
tion for and acceptance of future sewer and water installation assessments,
waiving all rights to a hearing on the improvements and assessments ; such
agreement to be attached to the land and be binding on all heirs and assigns
of the applicant.
Motion carried unanimously.
PUBLIC HEARING - PRAHM-COLL REQUEST FOR CONDITIONAL USE PERMIT
Rockne/Czaja moved to open the public hearing regarding the request for a con-
ditional use permit to construct a ballroom on a 5 acre parcel in a proposed
B-2 (Community Business) zone. Motion carried unanimously.
The City Planner went over the staff considerations and stated staff recommends
approval of the conditional use permit with certain conditions.
The City Engineer said he has the final drainage plan. He said if they modify
parking in any fashion, that changes the size of the drainage area.
• Shakopee Planning Commission
February 9, 1984
Page 8
Comm. Czaja questioned the parking requirements. Chrm. Schmitt responded that
these requirements are the most restrictive possible, which is one space for
every 3 people. The City Admr. said the parking requirements could be looked
at in one year to see if they are adequate.
Chrm. Schmitt said he is uncomfortable with policing element. The City Admr.
said requirements could be specified in the conditional use permit, to be
reviewed in one year. Discussion followed regarding patrolling and whether
or not the number of days a week the facility can be open should be restricted.
Czaja/Rockne moved to recess the hearing 5 minutes to come up with some addi-
tional conditions. Motion carried unanimously at 10:21 p.m.
Chrm. Schmitt called the meeting back to order at 10:31 p.m.
Discussion ensued regarding possible conditions for limiting the nights the
facility could be open to the public, adequate lighting for the parking lot
and policing requirements.
Chrm. Schmitt passed the gavel to Vice-Chair Perusich.
Elaine Anderson asked what police can do if cars are parked on 4th Avenue. The
City Engineer said the City cannot tolerate that because there is no shoulder
for it. But he said it would have to be posted for no parking for the police
to enforce it. The City Admr. said if it becomes a problem, a citizen can com-
plain to City Council, which can order no parking signs posted.
Ms. Anderson asked if the ballroom would get the first liquour license that
becomes available. The City Admr. replied that there is a public hearing pro-
cess available for that also.
Mr. Colligan said he certainly doesn't want patrons parking on 4th Avenue. He
said they want to be open only certain nights right now, but he doesn't like
the restriction of Thursday, Friday and Saturday because he would like to be
open for certain holidays such as New Year's Eve, Valentine's Day, etc. that
might not fall on a Thurs. , Fri. or Sat.
Ms. Goemer asked what can be done to be sure the parking lot is secure. She
asked if someone will be regularly patrolling it. She said she really doesn't
want to be the nagging neighbor. She would rather see conditions set to avoid
problems in the first place.
Chrm. Schmitt said the applicant is responsible for the security of his building
and grounds. Chrm. Schmitt took back the gavel.
Stoltzman/Perusich moved to close the public hearing. Motion carried unanimously.
Rockne/Stoltzman offered Conditional Use Permit Resolution No. 358 permitting
construction of a ballroom facility in a B-2 district and moved its adoption
subject to the following conditions:
1. Approval is contingent upon the applicant obtaining rezoning and prelimi-
nary and final plat approval from City Council to develop the site.
2. The applicant shall provide proof of ownership of the property to the
City Planner prior to release of the building permit.
Shakopee Planning Commission
February 9, 1984
Page 9
3. The applicant must provide proof of an easement for the easterly access
to the site or designate an alternative second access to be approved by
the City Engineer.
4. Approval is contingent upon approval by the City Planner of a site plan
to be submitted by the applicant prior to issuance of a building permit.
Said plan will indicate adequate buffering to the abutting residential
districts and uses, lighting of parking area and walks, refuse area,
parking spaces and curbing.
5. Approval by the City Engineer of a final drainage plan of the site.
6. The applicant will take adequate steps to prevent soil erosion during
construction.
7. A minimum of one patrolman for general admission events for up to 200
patrons, minimum of two patrolmen for up to 4.00 patrons, and three patrol-
men for events with over 400 patrons.
8. One owner/operator/manager on site during general admission hours.
9. Applicant must maintain all exterior lighting in working order and have
grounds cleaned regularly.
10. There will be annual Planning Commission reviewals.
Motion carried unanimously.
Chrm. Schmitt informed the audience that there is an appeal process by which
the actions of this body on all three hearings can be appealed to City Council
by filing a written notice with staff within 7 days of this date. That would
require another hearing before the City Council.
PUBLIC HEARING - FOX RUN PRELIMINARY PLAT
Czaja/Rockne moved to open the public hearing on the preliminary plat of Fox
Run. Motirn carried unanimously.
Czaja/Rockne moved to continue the public hearing to March 8, 1984. Motion
carried unanimously.
DISCUSSION - MINNESOTA VALLEY COMPREHENSIVE PLAN
Tim Kelly and Ed Kroser were present to discuss the comprehensive plan. Tim
Kelly gave some background on the development of the Minnesota Valley Compre-
hensive Plan, which runs from Fort Snelling to LeSueur.
Chrm. Schmitt questioned Mr. Kelly about shoreline policy. He replied that
from the DNR's standpoint, the City does not have an approved shoreline ordi-
nance. He said the area hydrologist will be getting in touch with the City
shortly. He didn't think it was anything that couldn't be resolved easily.
He said the Met Council's requirement far shoreline is separate from the DNR's
requirements.
Mr. Kelly said a No. 1 priority is to link the trail between Chaska and Shakopee.
He commented on the downtown redevelopment idea of making one of the bridge
abuttments as an observation platform. He encouraged the City to work with
the hydrologist about making that happen, and possibly expand it all the way
across the river to the wildlife refuge. He said it is relatively flexible
where the trails link up within the City. He pointed out the comprehensive
plan does have an amendment procedure.
Ed Kroser said the Rice Lake Wayside area will be the site of the DNR manage-
ment facilities, which will be a major asset to Shakopee. He said they will
have administrative staff and visitor contact there.
Shakopee Planning Commission
February 9, 1984
Page 10
Czaja/Koehnen moved to note that comments were made and entered by the
representatives from DNR regarding the Minnesota Valley Comprehensive Plan,
and no special conditions need to be raised at this point. Motion carried
unanimously.
Czaja/Rockne moved to direct staff to conduct the necessary review with DNR
concerning a shoreline ordinance and a report be made to Planning Commission.
Motion carried unanimously.
DISCUSSION - PAUL BELM REQUEST TO CHANGE CONDITIONAL USE PERMIT' CCNDITIONS
The City Planner went over the requested changes to the conditional use permit.
Mr. Helm said he is having a lot of requests for something to eat and drink in
his store. He thought his idea of putting a deposit on cups would be a way to
minimize litter.
Mr. Helm said his request to open earlier on special occasions refers to when
kids do not have school, .or when special groups want to contract for 1 to 2
hours of sessions when he is not otherwise open to the public. He said kids
are not his target area, so he would have no problem not being open when school
is in session.
Mr. Helm said he would not open earlier than 2:00 p.m. on school days, but he
would like to open at 12:30 or 1:00 p.m. on Saturday and Sunday.
Czaja/Stoltzman moved to approve a request by Paul Helm to amend the conditions
of Conditional Use Permit No. 347 by process of a public hearing to be set for
March 8, 1984 if application is received February 23.
Mr. Helm invited commissioners to visit his business and give him some feedback
on his operation. He said exterior signage is so expensive, and that is holding
him back.
Motion carried unanimously.
DISCUSSION - SPECIAL MEETING TO ADDRESS ANIMALS AS RELATING TO ZONING
Consensus was to approve May 24 as the date to have a special meeting to discuss
animal regulations as they pertain to the zoning ordinance.
DISCUSSION - EXPANDED REDEVELOPMENT PLAN FOR KMART
The City Admr. explained the expansion in the tax increment redevelopment pro-
ject area. He said this revision takes the Kmart area and expands it into all
the proposed racetrack area, downtown area and the old high rise area. He said
the City can take increments from one tax increment area and use it in another
area within the larger project area. He said City Council is looking for a
review and comments from Planning Commission on the expanded boundaries.
Comm. Czaja asked about extending the boundary to cover the intersection of
CR16 and CR83, to be used for road improvements.
Chrm. Schmitt said he would think 4th Avenue might be a better boundary line
than 3rd, as that is where the boundary is for R-3 zoning.
Chrm. Schmitt said he has a real problem with taking all the tax increment funds
and putting them back in that area only. The City Admr. said a portion of the
Shakopee Planning Commission
February 9, 1984
Page 11
refinanced Kmart proceeds will be used for off-site road improvements such as
Hwy. 101 intersection and collector streets. No funds from any other site
will be used on the racetrack. He further explained the financing negotiations
with the racetrack applicants.
Chrm. Schmitt said he wants to get as much as possible spent downtown. The
City Admr. said a portion will still be used downtown. He said the off-site
improvements will benefit the entire area, and will have to be done over time
in the industrial area anyway. Comm. Stoltzman said he is concerned that enough
will be spent downtown by the City to entice a developer to take over. Chrm.
Schmitt still felt the whole amount would be needed downtown.
Czaja/Perusich moved to pass onto City Council comments made on the expanded
redevelopment plan for Kmart. Motion carried unanimously.
The City Admr. said there might be another meeting necessary this month. The
27th seemed to be the best time, and he would check further.
Rockne/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned
at 12;23 p.m.
Judi Simac
City Planner
Diane S. Beuch
Recording Secretary
.. ,__,-•--,F.. s. ._. _.. ..�_.�_�..�_...,,.,.__..o...;Rw+a.m-�—s:q...-M..,�._,,,,,max•... p '*r%.+
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6, 1984
Mayor Reinke presiding
1 ] Rolf Call at '/ :00 p .m.
2] Liaison Reports from Councilmembers
3] RECOGNITION BY CITY COUNCIL OF INTERESTED C:I`I'TZENS
41 *Approval of Consent Pusiness - (All items listed with an asterick
are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of
these items unless p 'Councilmember so requests, in which event
the item will be removed from the consent agenda and considered
in its normal sequence on the agenda. )
*51 App�'oval of Minutes of February 14, 1984, February 21 , 1984 and
February 28 , 1984
61 Communications:
al 1984 Legislative Conference - Agenda and Registration
b] Notice of Mediation' Petition and Meeting between the
City anq: Unjon ,Local No. 32.0 (Police Officers)
/ ] I'llb 1 i k, None I
i
81 Boards and Commissions; j
i
*a] Cable Communications Commission - A Resolution Opposing
the Cable Communications Act of 198:3
91 Reports from Staff
a 1984 Municipal Swimming Pool Program/Plan
b Authorize Advertising for Bids for the JEJ Drainage of the
Former Chicago, Milwaukee, St . Paul and Pacific Railroad
Right of ,Way
c] Authorizq payment of $3, 150 to Darwin Gilbertson for a
Drainage Easement
d] Authorize Advertizing for Bids for the Tahpah Park Sewer
and Water Service
e] Appointment to SPUC Board - Postponed to March 19th
f] Health C4re 'Accounts
*g] Surplus ,'Property
h] Approve Bills in the Amount of $55, 961 .09
i ] Storm Wq�er Drainage Utility - (bring item 6c from 2/1-4 agenda)
j ] ProposQ& 1.984 League of Minnesota Cities Legislative
` Poliees and Priorities
101 Resolutions and `Ordinances:
*a] Res. No"'. 2232 -r Authorize Advertizing for Bids for the 1984
Curt ''and Gutter, Sidewalk and Driveway Approach Replacement
Program Project No. 1984-2
*b] Res. iNo. 2231 - Amending Resolution No. 2203 Designating
Official Depositories of City Funds
*c ] Res. No. 2230 - Recommending that the State of Minnesota
Local Government Aid Formula be Frozen for Fiscal Year 1985
d] Res. No. ' 2233- Participaing with Jaycees in Securing the
New S ate Jaycees Office Building
111 Other Business :
a] The Racing Commission Hearing will be held on March 15, 1984
at 7 :0 p .m. at the High School cafeteria
121 Adjourn to Mo-riday,' March 19 , 1984 at 7 :00 p .m.
;r
John K. Anderson
City Administrator
CFFICIAL PROCEEDING OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 14, 1984
Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Leroux,
Wampach, Vierling and Colligan present. Cncl. Lebens was absent. Also present
were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk and Rod Krass,
Ass'tCity Attorney.
Colligan/Wampach moved to open the public hearing regarding the prohibition
of snowmobiles on public streets within the City of Shakopee. Motion carried
unanimously.
The Ass't City Attorney explained the three options he has suggested for re-
stricting snowmobile use in the City, from the least to the most restrictive.
He said the only restriction the City has on its authority is that it cannot
prohibit snowmobile traffic in the ditches along state and county highways.
The City Admr. said the issue of snowmobile restrictions was initially dealt
with in the fall of 1982. At that time the City mapped out areas and streets
where snowmobiles are allowed, and amended the ordinance to reflect that change.
He said City Council is continuing to deal with this issue because of complaints
about snowmobiles violating the ordinance. The Asst City Attorney said that
ATV can be included'in any ordinance regarding snowmobiles, if the Council wishes.
Mayor Reinke said City Council does not' want to be restrictive in the City, but
it must respond to the numerous comploints of property damage by snowmobiles.
Mayor Reinke asked for comments from the audience.
Eileen Hopster, 1166 Jefferson, asked about the age limit for driving snowmo-
biles. She was answered that between ages 12 to 14, a person can ride the
trails, but not cross streets. She asked for a definition of an ATV, and was
answered.
Jerry Higdem, 1016 Jackson. Street, asked the Chief of Police for a run-down
of the complaints.
Chief Brownell said that at the annual meeting in 1982, they had about 25 com-
plaints up to that time. From November 28 to date he has had 13 complaints,
and have apprehended 6 juveniles. When someone is apprehended, they have been
automatically towingthe ve4cle and ,havi ng the registered owner pick it up.
He said they havgn't yet been able to use the new impounding ordinance. He
said most of the complaints are south of 10th Avenue, generally on the west
side of town, although there are some around CR17 and Shakopee Ave.
Mr. Higdem asked what kind of property damage is being done. The Chief res-
pondpd mostly running into shrubbery. Cncl. C411igan asked about what types
of complaints have not been settled. Chief Brownell said the majority is
speeding. He said radar has clocked sore snowmobiles at 60 m.p.h. on 10th
Avenue. He said -he is greatly concern'e'd about the risk of injury.
Loren Velinski, 971,Scott, said he hap seen young people on snowmobiles going
60 m.p.h. on Scot, Btjt lie `has also seen cars going 60 m.p.h. , so why are the
snowmobiles being picked on. ' He said be is an ex-snowmobiler, and has nothing
against them,``but they do nPt belong on 10th Ave. He agrees the police cannot
be everywhere.
Jeff Burger, 161st Street, asked if the City is considering restrictions only
in the urban arg4 or 41so in the rural area. JJe said he lives right on the
boundary of the city limits. Mayor �einke replied that this public hearing is
addressing the entre ct ty;limits, and ,Council has the authority to act on any
or all parts qfthe city.
Mr. Burger asked if most of the complaints are coming from the urban or rural
area. Chief Brownell Said the complaints are coming from the urban area. He
said one of the alternatives is to limit snowmobiles in the same area that
restricts discharging of 4 firearm.
Mr. Burger s4�4 that aJgpg the boundary line ig4a.designated trail that a lot
of people have been working on. He said they groom close to 92 miles of trail.
He said they are trying' to promote snowmobiling and make it safe. He also wants
to keep the violators under wraps.
Shakopee City Council
February 14, 1984
Page 2
Cncl, Colligan said he lives at 11th and Tyler. He said he doesn't mind snow-
mobiles, but when they come across his yard, through his pine trees, and come
back with groceries, he gets irritated. He said the police can't catch them
all. He stated the City tried this snowmobile ordinance for two years, trying
to go the extra mile, but there are still complaints. He said he will have a
lot of restoration work in the spring.
Discussion followed regarding the possibility of opening up the barricade in that
area',4 feet to let snowmobiles through. Cncl. Colligan said the only reason
snowmobiles go through there is to shop, and they aren't supposed to be using
snowmobiles for that purpose in the City.
Isidor Mahowald said he lives on 10th, and doesn't know why a person cannot use
a sngwmobile to shop. Chief Brownell said the ordinance states a snowmobile
can only be ridden in the City to go from your residence to a trail.
A woman said the ones who create problems give all snowmobilers a bad name, and
good snomobilers don't like it either.
Someone said he had a problem with cars going across his yard, and he contacted
the police and it was solved. He thinks-there is another way to solve this than
a ban on snowmobile use. in the City.
Gene Eder said he lives in Prior Lake- and is a member of the Snow Trails. He
asked if the City requested help from the Scott County snowmobile patrol. Mayor
Reinke said Gordy Gelhaye said the way to solve the problems in the City is to
ban snowmobiles in the City completely. Chief Brownell said that funding to
Scott County for enforcement has been drastically reduced, and their efforts have
been mainly in the Prior Lake area. He offered to come into Shakopee sometime,
but the problem is there is no concentrated problem area or time, so it is
difficult to be effective in a short time. He said Shakopee does have a
snowmobile, but doesn't have the people to put on it with enforcement power.
Mr. Burger told of a program in the parks where volunteer patrols were used who
were linked to the police with walkie-talkies, and could inform them of illegal
activities. Chief Brownell said that is a viable alternative. He said the
snowmobile club has volunteered to help patrol. He said he hates to put that
responsibility ,gn a civilian. He said his problem is he doesn't even have the
officers on the street to follow up complaints. The problem is catching the
snowmobiles. He said a lot of them don't have numbers at all, or not current
registration.
John Nelson said he owns the apartment building on the corner of Shakopee Ave .
and CR17. He said his property is on a popular trail. For the last 5-6 years
he has lost a tenant every December 1. He said he rents to senior citizens, and
it isn't fair for them to put'up with the snowmobile traffic. He said the big-
gest problem ties are°from 3:00 to 8:00 p.m. He has nothing against snowmobiles
and clubs, but he thinks we need to look at the true violator. Maybe a minimum
age limit should be set, maybe there should be more education of young people.
He said it is 4ard for poTico to catch that randem guy violating the ordinance.
Glen Craig, 161st Street, asked if it was correct that the Chief had said there
was a 501 reduction in the complaints. He thinks that is a good response. If
there are local areas with problems, concentrate on them, instead of shutting
down all snowmobilers,
Cncl. Colligan explained his earlier suggestion of putting some kind of illumi-
nate4 insignia on the snowmobiles so they are easier to identify, but the State
will not allow the City to' further register or license snowmobiles.
Judy Burger, , 161st Street, said that 12 year old kids can go through a train-
ing program = snowmobile safety and responsibility which is excellent. She
said they have a lot of money invested in snowmobiles, and she feels that if
snowmobiles are banned in the entire City, it would be very unfair.
There was further discussion of the idea of putting some kind of sticker on
snowmobiles. The Ass't`'Cty Attorney said that whatever name you call it, if
you require it, it is a registration. If it is voluntary, it is not effective,
because only the law abiding citizens will display it.
willy` Rein, 1077 Madison, said he was at a meeting with the former Chief Thielen
in the early 70's, and at that time help was offered by the snowmobile club,
but it keeps getting turned down because of liability problems or whatever.
Shakopee City Council
February 14, 1984
Page 3
Mr. Rein said he doesn't understand how banning all snowmobiles in the City will
help with the enforcement of the ordinance. Mayor Reinke answered that it is
easier to patrol with a complete ban. Mr. Rein said what is needed is a hard
crack-down on violators at the first snowfall, and try to get that 51 that is
causing the problems.
Eileen Hopster said that in the last two years they have had more problems with
one person in the neighborhood who is a juvenile and whose parents do not res-
pond to complaints. Other people have complained about this person and he has
retaliated against them with more damage. She gave further details of his un-
lawful actions. She said she fears some little kid will get injured or killed.
Bob Winnetke, of Jordan, asked if the biggest problem is with juveniles. Chief
Brownell responded that it is. He asked if the City could make it mandatory
that all juveniles take a training session. Mayor Reinke said the City does
have that authority, but it still has to decide what kind of enforcement there
can be.
Bob Skorczewski , Swift Street, said he would like to be able to j�o to -,v. h area
of complaint and try to deal with it and solve it. He said the club worked with
the City before, and they should be able to solve it together now.
John Nelson said the City is careful about putting liability on volunteers, but
it had better also look at the liability of the citizens sustaining damage. He
thinks the City should look at funding the police sufficiently so they have per-
sonnel to go after the violators. He said it is an enforcement problem.
Shirley Craig said she thought the snow mobile ordinance should be publicized.
She also didn't think the snowmobile club is much different than a neighborhood
watch, which isn't trying to stop people or harm them, but just watching and
reporting violations. Cncl. Colligan said the ordinance was published in the
paper and also stuffed in the utility bills.
Jackie Schwartz said that further rules could. be made about "uveniles riding, but
it still gets back to .an enforement problem. It also is not fair to the kids
who have gone through the training program and are responsible, if the rules
are against juveniles. She thinks if it means volunteers to watch, that is fine.
Chief Brownell went over the ,process of making a complaint. He said with mis-
demeanor violations, an officer has to observe the violation in order to arrest
the person. If a person wants to report something and remain anonymous, the
police can respond and try to catch the person.
Jeff'Burger asked about the new ordinance regarding impounding a machine. Chief
Brownell said if'a person is found violating the snowmobile regulations, the
snowmobile can be impounded for 60 days, with a storage charge per day, plus
the rine of $100, plus the fine for the original violation. So it can be very
expensive. He said because, of publishing requirements and weather, they have
not had a chance to try out the new ordinance.
Mr. Burger suggested the City Council go along with the new rule they just put
in pace and give this a chahce to see if it will curtail the problem, before
banning any further.
Cncl, Leroux suggested meeting again with the snowmobile club. He said enforce-
ment is not easy, and told of trying to stop a snowmobile unsuccessfully. He
said he got the registration number, but it was not current, so he could not
find out who owned it. He would like to meet with Chief Brownell and the club
to work on strategy fdr .:aext year. He thought all it would take is 3 or 4 cases
of impounding to have`qui-tq an impact.
Bud Miller, of Prior Lake, said he has been active for many years with the Snow
Trails. He said a lot of them have done a lot of work to put in good trails
to put the people where thaiy should be. He said he thinks it is absurd that
they have to police their. own sport, when it is not expected of cars or bikes.
He said there are a lot of other communities that have the same problem. He
said, it is your own residents that are causing the problem. The enforcement is
with the City, 'He said h�6toncern is how far the rules will encompass. He
said he thinks there are- some businesses that are benefitting from snowmobilers.
Other sports don'>t',need to enforce their rules, and he doesn't think we need
vigilantes. On 'behalf of"the Scott County Trail System, they are willing to
work with the City.
Shakopee City Council
February 14, 1984
Page 4
A man said he doesn't think a lot of the violations are being reported. He
thinks things can be helped with more reporting. He is truly against anything
being banned.
Chief Brownell said that a big problem is that he has half his force in school
because of training mandated, and for which he has to pay comp time, which
makes for a budget crunch.
Cncl. Wampach said a lot of good people would suffer from a ban on snowmobiles.
He said he is concerned with those who go through stop signs, which also hap-
pens on bikes. He made a suggestion of a big yellow vest j�.,ith numbers on it
that snowmobilers could wear. Bud Miller said the trails at the edge of Shakopee
draw people from all over to go through Shakopee.
Mr. Miller suggested researching to see if there is some State or County funds
the City could use for enforcement for just three months for one officer extra
to help out.
Chief Brownell said he would be glad`to work with the club again, but suggested
waiting until just prior to next year's season, and in the meantime try to put
into effect the. 60 day impoundment and see if that has any impact. He also en-
couraged people to report any violations seen. He thought there has been improve-
ment over last year.
Vierling/Colligan moved to a ose the public hearing. Motion carried unanimously.
Leroux/Wampach mpvedito direct staff to prepare information regarding snowmo-
biles for the first meeting in October and set up a meeting with Chief Brownell
for just before; or after that. Motion carried unanimously.
Leroux/Colligap moved for a five minute recess at 8:30 p.m. Motion carried
unanimously.
Wampach/Vierling moved to re-convene at 8:38 p.m. -Motion carried unanimously.
Mayor Reinke asked if there was anyone in the audience who wished to address the
Council on any stem not 'pn the agenda.
Mark Miller, 531 East 6th, said he would like to ask about the no parking law,
especially the 24 hr. limit. He said his vehicle was parked on the wrong side
of the street, for which he received a ticket. He didn't use the vehicle the
next day, so left it sit because then it would be on the correct side of the
street, and the nest morning it was towed because it had been parked for more
than' 24 hrs. He 'asked why the law wasn't 48 hrs. , so the second day would be
a violation for the wrong side of the street.
The City Admr. explained 't6at the two parking regulations do not necessarily go
together. The 24 br. one is In effect for 12 months. The rule of no parking
for more than 24 hours was put in place to remove derelict vehicles from the
streets. He said the imit used to be 48 hours, and he didn't ksiow why it was
amended to 24 hours. Its primary purpose is to encourage on-street parking
and not storage. Mr. Miller said he doesn't think 24 hours is storing.
Loren Pulkrabek, 506 East 6th, asked about the snow ordinance and why it is im-
plemented every other night. He said this causes a lot of inconvenience. He
understands the problems when there is snow. He said he cannot plug in a car
across the street.
The City Admr. answered that this City has no sure way of notifying residents
every day of snow emergencies. They have found the best time for crews to re-
move snow is very ea 'ly in the morning, like 4:00 to 6:00 a.m. starting time,
up tq 10:00 a.m. A';lot of people aren't out at that time. It also often snows
in the evening and people don't know about it and don't get their vehicles
moved, and the crews have to_,work. aroun.d, them. He suggests shoveling a space
from the curb for parking on the grass to plug in a vehicle
Mark Miller said there.3was no complaint about his car being parked for 24 hours.
He asked if the police routinely chalk cars. He was told if he had moved the
car even one 'inch, it would have been ok. He also said a license check must have
been, run because his name ark address were on the ticket, so the police knew the
car belonged there. He added the car was on the tow truck before the 24 hours
were up, and the ticket times were 24 hours and 1 minute apart.
The City Admr. said he would look into this matter and bring it back to Council
at the first meeting in March.
Shakopee City Council
February 14, 1984
Page 5
Colligan/Wampach moved to recess for an HRA meeting. Motion carried
unanimously. Meeting recessed. at 8;53 p.m.
Leroux/Wampach moved to re-convene at 9:33 p.m. Motion carried unanimously.
Leroux/Vierling offered Resolution No. 2221, A Resolution Calling A Public
Hearing and Ratifying Published Notice Thereof On the Modification by the
Housing and Redevelopment Authority in and for the City of Shakopee of Valley
Industrial Park RedeVelopment Project No. 1 and the Redevelopment Plan Re-
lating Thereto, the Establishment of Proposed Tax Increment District No. 4
and the Adoption of a Tax Increment Financing Plan Relating Thereto, and moved
its adoption. It was pointed out the public hearing is at 9:00 p.m. February
28, 1984. The City Admr. summarized the resolution. Motion carried unani-
mously.
The City Engineer summarized the issues settled at this point regarding the
Pavement Preservation Policy. He said the issue he now wanted to address was
rural roads. He said there are four different categories of rural roads:
1. Scott County and MnDOT roads; 2, platted subdivision roads; 3. unplatted
public right-of-Way; and 4. - unplatted private roads.
The City Engineer's two alternatives for assessments on rural roads; are:
1. Group all rural residential areas in one zone; or
2. Group each rural residential platted developed property in a separate
zone or district.
The City Engineer recommends the second alternative because it seems to meet
the criteria 4 the urban portion zones more closely. Discussion followed.
The City Admr. pointed ,out that City ad valorum taxes are based on whether the
assessor classifies a. property as AG or residential_. Therefore, rural sub-
divisions which have paved streets are paying the same taxes as the urban area.
Cncl, Leroux said he still thinks there is not a clear definition as to what
is new construction, what is re-construction, what is rehabilitation and what
is preservation of the streets. Mayor Reinke said that -any gravel streets in
the City would have to be constructed under a new construction policy.
There was some discussion regarding residences that face on a county road in
the rural area and would never have to pay the 25/. There was also some dis-
cussion about possible alternatives for assessments in the industrial area.
The City Engineer will bring that item back separately.
Consensus was to agree with' the City Engineer's recommendation to group each
rural residential platted developed property in a separate zone or district.
Leroux/Colligan moved to authorize payment of $25,886.13 to Barton-Aschman
Associates, Inc. for the <Shakopee Racetrack E.I.S.
Roll Call: Ayes; Ur
nimous Noes; None Motion carried.
,
Leroux/Wampach moved to po! $227.92 to Ray Ruuska as an advance for training
in Madison, Wisconsin February 23 and 24, 1984.
Roll Call: Ayes; ,Unanimouz Noes; None Motion carried.
Leroux/Wampach moved to adjourn to Thursday, February 16, 1984 at 5:30 p.m.
Motion carried unanimously: Meeting adjourned at 10:17 p.m.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 21, 1984
Mayor Reinke called the meeting to order at 7;00 p.m. with Cncl. Wampach, Lebens,
Vierling and Colligan present. Cncl. Leroux was absent. Also present were John
K. Anderson, City Admr, ; Judith S. .Cox, City Clerk; Judi Simac, City Planner and
Julius A. Coller, . lI, City Attorney.
Liaison reports were presented by Councilmembers.
Mayor Reinke asked, if there was anyone present in the audience who wished to
address the Council on any item not on the agenda, and there was no response.
Colligan/Vierling moved to approve the minutes of February 7, 1984 as kept.
Motion carried with Cncl. Lebens abstaining because of her absence at that meeting.
Vierling/Wampach moved to recess for an HRA meeting. Motion carried unanimously.
Colligan/Lebens moved to re-convene at 8;14 p.m. Motion carried unanimously.
The City Admr. suggested Bill Koniarski for a nomination for Regional Citizen
of the Year, because he was the chair for the 911 system and has been involved
in various other committees.
Colligap/Vierling moved to Submit Bill Koniarski for nomination as Regional
Citizen of the Year. Motion, oarried unanimously.
Colligan/Lebens moved to accept and approve the 1983 Annual Report of the Planning
Commission and Board of Adjustments and Appeals. Motion carried unanimously.
Vierling/Lebens moired t9 direct staff to submit to the DNR a letter of comment
on the Minnesota Valley Comprehensive Plan, with the comments made by Planning
Commission. Motion carriedunanimously.
The City Planner indicated on a map the area for which the applicant, Prahm-Coll
has submitted a request for re-zoning, which was recommended by the Planning
Commission for approval. $he explained that Planning Commission heard public
testimony in the public hearings for re-zoning, preliminary and final plat ap-
proval and conditional use permit by the same applicant for more than 3 hours.
Cncl. Lebens commented that jhe thought it was unusual to have the preliminary
and final plat in one evening, and she thought the process was going too fast.
She said that since sho'`has peen on vacation, she hasn't had time to hear about
all the concerns. She would not vote in favor of this proposal at this time
until she has the opportunity to speak to more people about it.
,r
Cncl. Vierling replied that Planning Commission has streamlined some of its pro-
cedure, and preliminary and final plats have been applied for by others at the
same time.
The City Planner pointed out that the conditional use permit has been appealed,
so that is scheduled for a public hearing on March 6, 1984 before City Council.
Cncl. Wampach also commented that he would like more time to talk to people about
this proposal. Hesaid everything he has heard so far has been favorable, but he
would like to research it further.
The City Admr. stated''that use of a property can't be regulated through zoning
and platting, but only thro u&h the conditional use permit. Therefore, if the
concerns are regarding use of the property, that will be addressed at the March
6 public hearing. Tho other applications of re-zoning and platting could still
be voted on this evening. He explained that the re-zoning request to B-2 makes
sense as an extensi6h of the current B-2 zone.
Mayor Reinke asked for comments from the audience regarding this issue.
Nancy Goemer, 2525 East Fourth Avenue, indicated where her home is in relation
to the `proposal.; She said she is opposed to this re-zoning to B-2 because of
the ultimate intention of developing a ballroom. She stated there is the question
of whether the racetrack will be coming nearby, and there is no guarantee that
the road will be upgraded. She is concerned with the traffic in front of the
Shakopee City Council
February 21, 1984
Page 2
townhouses and apartment complex. She doesn't think this is a proper location
for a �allroom. She thinks the KC Hall is a different mode of operation. She
thinks it would be better located in a well lit area where minors are not in
walking distance, She said she talked with Duane Bickett, with the Carver County
Sheriff's Office, who compared this to Lakeside Ballroom located on Highway 5.
He saiq he foresees traffic problems, young crowds, riff-raff and minors pur-
chasing set-ups. She said it has to be well policed. She said that although
the applicant wants an upper eschelon crowd, she doesn't think they are being
assured of that. She added the land to the west has a residence on it, which
is Mr. Seidl.
Mayor Reinke asked if the land to the west concurred with the re-zoning. The
City Planner said he is in agreement with it. She said that once the re-zoning
is done, his homy would be a legal non-conforming use, which could not be expanded
in any way.
Ken Ron, 316 Shawnee Trail, asked about the change in the tax base as a result
of the re-zoning. He asked how much of the tax base from the ballroom would be
used or considered for the additional costs of policing, clean-up and improve-
ments to the road. He said they were given the impression the increase in traffic
was not enough to require a signal light. He compared it to CR42 when the Bingo
Palace gets out.
Mayor Ioinke replied that presently the parcel is under the Green Acres law,
classified as agriculture where the assessment is deferred, and has a different
valuation. He said that even if the property was R-4 it would still be less
than a commercial use. The City Admr. said that in a general way if there are
streets or utilities required`by the facility, it pays for them 100f or it pays
for them as its fair share as part of a public improvement project.
Mr. Rop said they were told that because Fourth Avenue is a State aid road, there
will be no improvement roney`for 20 years after it is upgraded. He said the
ballroom can't be depended upon to be the guideline, the City should be looking
20 yeaxs down the line. mhe' City Admr. further explained assessment policies.
Cncl. Lebens asked about sewer and water connections. She said she understood
the City was not going to go .over anyone else's property to connect sewer and
water. The City engineer responded that this property will be served through
the road right-of- ay; the developer does not need to go over another's property.
The service will become part pf the public system, appropriately sized for a
lateral. The City Admr. said SPUC has reviewed this request.
Susan McPherson X329 Shawnee Trail, asked how they would like to have a dance
hall 6 blocks from yol4r homey or 324 feet away from you. She asked Council to
put themselves in their shoes. The City Admr, replied that he lives one block
from the Jr. High School, on"lpth Avenue, which generates a lot of traffic. He
said that as zones change, lots of people in town live next to facilities that
generate a different traffip than their residential area. Cnel. Vierling said
she lives 300 fp�t from`ihe- proposed right-of-way for the By-pass, and her house
is not, up for sale. She said Phe lost a son on CR79, but she doesn't blame the
traffic. Ms. Wherson sa*dpshe is concerned with drinking traffic, which is
different.
Paula Johnson, 343 Shawnee Trail, said they already have the KC Hall and a pro-
posed racetrack, and she thinks they have enough on their end of town. She
wouldn't think they need extra drinking in this town; they have enough.
Gene Goemer, 2525 East F'ou:Fth Avenue, asked what kind of ballroom this is. He
said George Seidl S4id he was told this would be an old fashioned dancing faci-
lity, with no liquor served. The KC Hall said it would be no competition because
they would be after the,,out-of-town people. He said Cncl. Colligan told the
paper they would only by open Thursday, Friday and Saturday, but after the last
public hearing, it sounds itke they will be open 6-7 days a week. He said the
people will be bringing'their own bottles, and how many will be leaving sober?
He said the road is n6t, made for drinking clientele. The City will have to put
up lights. He said there weal be young adults and minors walking there. He
said there isn't enoug4.,parking, and the City will have to put up No Parking
signs on the shoulder, pgoause the road is so narrow. It will mean extra policing
for the City. He said he, bounced at Richard's Pub, and he knows you can't con-
trol Ve people.- He knows what the bands bring. He has a strong objection to
the re--zoning of the property for this purpose. He asked why you want that many
drinking places right next to each other.
Shakopee City Council
February 21, 1984
Page 3
Mayor Reinke said the townhouses are a good example of spot zoning, which now
becomes a problem for developers. He said there have been complaints in the past
of semis going down Fourth, and he hopes in the future traffic will be directed
to CR83,
Mr. Goemer said that when the area came up for sewer and water, he was told it
would remain light industrial, and now it is changing. He said he was the only
person that paid the assessment in the area, and paid the highest assessment in
Shakopee. He doesn't think it is fair that it can change now.
Elmer Prahm, 1192 Harrison, said he is one of the developers. He said they are
only buying 5 acres, with the option of buying 15 acres more on a Contract for
Deed. George Seidl still owns the remaining acreage. They are only requesting
re-zoning for what they own. He said they have been working on this for weeks,
it hasn't just come up in a matter of Mays. He said the engineer has to do all
the work together for the re=-zoning and preliminary and final plat, and they
thought this would be simpler and easier for the Planning Commission and City
Council. He said the ballroom will hold 500 people. He said they have 5 acres
of land for parking, which is more than adequate. He said there is no reason
anyone would be parking on Fourth Ave. He said they do have adequate access for
sewer and water. He said they would not be serving alcoholic beverages, Just
set-ups, the same as at the KC Hall. He said the KC Hall is in full favor of it.
They feel the area needs it, He said they are so busy with reservations and
weddings from Shakopee. There are other dance halls around the area. He doesn't
see kids walking down Fourth Ave. now for the KC Hall, so he doesn't think that
will bq a problem for t4em. He doesn't think this is any more of a problem than
the KC 'Hall. He said they are going to run a good establishment.
Cncl. Lebens replied that the KC Hall is very different in that it is an organi-
zation that doesn't have to make one cent to survive. They are a non-profit
organization. She said the only reason you are investing your money is to make
money, which is understandaple. But she said they might be more likely to expand
and bring in rock bandst etc, to survive. She wondered if they explored other
locations.
Mr. Prahm said they spent a lot of time going all over Shakopee, and there is no
perfect place. He said they,have done a lengthly survey which shows that they
should be able to survive on Weddings, anniversaries, etc. He said they have a
solution to concerns of minors drinking in the parking lot, which is to require
payment to get back in the ballroom, to discourage those from going in and out.
He also said they intendttohire off-duty officers who do know how to handle the
people. He further explained the physical structure planned. He said the kids
around here have nothing, to do; and he thinks they will be grateful and responsible
if they get a weekly teen daneeV He said this will be a nice place to go.
Dennis Johns, 343 Shawnee Trail said that the people in the audience are here
for a reason. He said they dont want the use there, and neither does he. He
said it is a nice area out there. He runs out there and likes it. He thinks
it will be degrading if stuff happens out there like it sounds like it is going
to. It is driving people away'. He said we just don't need places for people to
drink. He would definitely resist it always. He said the amount of people that
run, walk and bike out there is,a lot. He said if they would wait, there will be
more people against it, He said- they don't want to argue about sewer, etc. What
they understand is there will be a place out there that people will go and drink.
He said there are beer bottles and cigarette litter out there now. He said if
it continues he will move to get away from it, and he is not alone.
Mr. Goemer said that he has had 10-12 KC members call him and tell him they are
not in favor of the ballroom,' Cncl. Wampach asked for names of KC members. Mr.
Goemer said Florence Wermerskirchen and Bucky Cavanaugh.
Carol Sulik, 14601 Lakevlew Circle, said there was a petition submitted to Plan-
ning Commission wit : over 50 signatures of those opposed to this, and that was
what they could get, in just one week.
Cncl. Lebens said she, would like to check this out further, and she wouldn't
be back for a Council meeting until March 19.
Lebens/Wampach movedtotable the re-zoning, preliminary and final plat applica-
tions of Prahm-Coll until March 19, 1984• Motion carried with Cncl. Vierling
opposed` and Cncl. Colligan 4,bstaining.
Colligan/Vierling moved for a five minute recess. Motion carried unanimously.
Meeting recessed at 9:20 p.m.
Shakopee City Council
February 21, 1984
Page 4
Lebens/Wampach moved to re-convene at 9:30 p.m. Motion carried unanimously.
Cncl. :�obens asked if Keeping an inventory of industrial/commercial available
property was a proper function of the City. The City Admr. replied that it
could be done by the Chamber or a community development department of the City.
He explained the problem of a potential developer not being aware of all the
available properties when he is thinking of investing in Shakopee. He said he
didn't look at this as a massive program, but something that could easily be
put on the computer. He said there are several items that have to be discussed
with the ICC regarding this proposal. He said the Chamber does not have a
computer, and is only staffed half time.
Wampach/Lebens moved to direct staff to continue to discuss the proposal to
provide an inventory of- commercial/industrial properties with the ICC. Motion
carried unanimously.
Mark Miller said he can understand some of the City's policy regarding the 24
hour parking regulations, especially as it would pertain to snowbirds, But he
said his case was an exception, as the vehicle was on the correct side of the
street and there wgsn't any snow. He said the ticket was written 24 hours and
1 minute after the first one, but he said the vehicle was actually moved before
the 24 hours were up. He said that information is probably more relevant if
he was going to fight the ticket.
Vierling/Wampach moved to maintain the 24 hour parking regulation. Motion carried
unanimously.
The City Admr. said the City has not received a letter explaining the final
amount from Consolidated Mechanical Contractors.
Vierling/Lebens moved to-table the contract with Consolidated Mechanical Con-
tractors for the Huber ?ark Restroom Facilities. Motion carried unanimously.
The City Engineer said he prepared several alternatives for assessing industrial
property. He said it is his recommendation that a modification of the definition
of frontage be made as it applies to non-residential property. He said that
industrial properly with multiple frontages has more value than residential lots
with multiple frontages, because it tends to create more accesses. Therefore,
he would recommend assessing-industrial/commercial for all of the frontages.
The frpntage would be txeatod,the same as any other frontage, with the same credits
as residential. Up. further demonstrated the process for computing the cost per
zone foot.
Mayor Feinke questioned the computations for an improvement project that was
located on the boundary of industrial/commercial property. The City Engineer
discussed it briefly, and said. he would come back with a more formalized proposal
on that question a
Consensus was to present it to the ICC for their reactions, and then bring that
back tp Council.
The City Engineer went over the definitions of frontage, preservation, rehabili-
tation and district. Mayor Reinke asked how the policy would be affected when
there were different size lots on either side of a street that was being improved.
Discussion ensued regarding Per lot assessments, lot averaging for assessments
and whether the north or south side of town would generally be paying more assess-
ments because of the difference in lot sizes and condition of the streets in
general. The City Engineer said he would do lot depth averaging on cul-de-sacs
and bubbles.
The City Engineer computed what the difference in cost on an assessment would be
to someone living on a 44 foot street vs. a 36 foot street. The City Admr. said
he didn't think it could be an optional thing, whether or not to keep the wider
width, because there would -be some funny looking streets if each block decided
a different width, Cncl. Vierli,ng said she would think it would have to be a
city-Wide policy. The City Engineer recommended parking on only one side of the
36 foot wide streets. Cons der�ble discussion ensued. The City Admr. suggested
surveying some older coimuni ties and find out from them what is the predominant
width and if they thinkiit is adequate. He said there could be an institutional
exemption for parking in areas such as the Courthouse, hospital and churches.
Shakopee City Council
February 21, 1984
Page 5
The City Engineer pointed out that there could be a 17% to 18/ savings on
maintenance if a street is reduced from 44 feet to 36 feet, and this does not
even take into account snow removal. He said a 44 foot street takes one ad-
ditional pass with a snowplow per side. In terms of a levy, it could be $300
per home on a $2100 assessment. The City Engineer said the consultant for
downtown is working on what kind of collector street system is necessary to
move the traffic from 10th Avenue to lst, including all the area out to the
proposed by-pass. Cncl. Lebens suggested having an inventory of the width
of ally "Shakopee streets. Discussion continued.
Lebens/Vierling moved to present the recommendations upon which Council has
consensus to the ICC for comments. Motion carried unanimously.
Colligan/Vierling moved to direct staff to obtain a quote from Suburban Engineer-
ing and proceed with the survey of the work regarding the Gene Brown vacation
request if the quotation is less than'$2,000, to be paid by the property owner.
Motion carried unanimously.
Vie rling/Wampach moved to approve the payment of $9,357.51 to Barton-Aschman
Assoc. , Inc. for the Shakopee Racetrack EIS.
Roll C411: Ayes; 'Wampach, Reinke, Vie:�ling, Colligan
Noes; Lebens
Motion carried.
Colligan/Wampach moved to direct staff to submit a bill to the Shakopee Race-
track developers in the amount of $9,357.51 to reimburse the City for its expense
in preparation of a, e Environmental Impact Statement.
Roll Coll: Ayes; unanimous " Noes; None Motion carried.
Lebens/Wampach moved torocess payment of $988.00 to Twin City Striping for
striping on Holmes"Street and 10th Avenues
Roll C411: Ayes;gnanimous Noes; None Motion carried.
Vierling/Lebens moved to endorse the League of Minnesota Cities position on com-
parable worth drafted by the Comparable Worth Task Force and dated 1-31-84.
Motion .oarried unanimously.
Colligan/Lebens moved to appoint James Weeks to serve a three year term on the
Energy and Transportation Cpmm ttee until January 31, 1987.
Roll Call: Ayes; p4animoua Noes; None Motion carried.
Collig4n/Lebens offered Resolution No. 2222, A Resolution Setting Compensation
For Shakopee Public Utilities' Commissioners, and moved its adoption.
Roll Call: Ayes; unanimous Noes; None Motion carried.
Colligan/Lebens moved, to direct the appropriate City officials to execute an
Agreement between t4e 'Ci tW, f Shakopee and Melvin and Delores Lebens establishing
mutually agreed uppol ` Building Permit conditions that will be recorded along with
the property deed.
Roll Call: Ayes;_Unanimous, Noes; None Motion carried.
x
Colligan/Lebens moved that bills in the amount of $451,583.53 be allowed and
ordered paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Vierling/Colligan moved to approve Change Order No. 5 for Contract No. 1982-2 in
the amount of $76:9 ., for Valley Industrial Blvd. So.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Lebens/Wampach moved to approve semi-final partial estimate voucher No. 7, in
the amount of $1,179.22 to Valley Paving, Inc.for work on Valley Industrial Blvd.
So. Roadway Public Improyement Program No. 1982-2.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach offefed Resolution No. 2225, A Resolution Accepting Work on
Valley Industrial B:aid. So, Roadway Public Improvement Program No. 1982-2. The
City Ad'ir. summarized the'resglution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
WampachZLebens offered Resolution No. 2223, A Resolution in Support of the Henne-
pin Park Reserve District Board of Commissioners' Application for Bikeway Con-
struction Funds for Construction of Bideways in Shakopee, and moved its adoption.
The City Admr. summarized the resolution. Motion carried unanimously.
Shakopee City Council
February 21, 1984
Page 6
Colligan/Lebens offered Ordinance No. 143, An Ordinance cf the City of Shakopee,
Minnegota, Amending Chapter 6 Entitled "Other Business Regulation and Licensing"
by Repealing Subdivisions 7E of Section 6.32 and by Enacting a New Subdivision
7E of "Section 6.32 Entitled "Eligible Premises" and by Adopting by Reference
Shakopee City Code Chapter 1 and Section 6.99, Which Among Other Things Contain
Penalty ProvisiQps, and moved its adoption.
Roll qgl.l: Ayes; Unanimous Noes; None Motion carried.
Vierli{}g/Wampach moved to reschedule the March 20, 1984 Council meeting because
of caucuses to March 19, 1984. Motion carried unanimously.
The City Attorney said there would be no problem with the Council meeting at
Capone's at 5:30 p.m. next Tuesday night for a Goals and Objectives session,
then recessing and re-convening at City Hall at 9:00 p.m. for further Council
business. He said the agenda should be posted on the door.
The City Admr. said his employment agreement has not been finalized, and suggested
a subcommittee to`meet with him about changes. Cncl. Vierling, Colligan and
Mayor Reinke volunteered.
The City Attorney said the proceedings for registration of Block 29, adjacent
the library are going fine. He needs to know if Council wishes to vacate the
alley or keep it. Consensus was to keep it.
The City Attorney said that port of the property bought from Milwaukee Railroad
is under Joe Topic's buihding 'and across his back yard. He said if the City wants
to sell that portion tQ,Mr. 'Topic, it should be done before registration pro-
ceedings are commenced. ;!The City Admr, said Mr. Topic is out of town, and he
will get in toudh"with hid} when he is back.
The City Admr. asked about the two lots east of the Library, where the State
Jaycees are thinking of buying. The City Attorney said an agreement can be
entered into with the intention of selling that property to the Jaycees as soon
as registration proceedi nigs are complete.
Vierling/Colligan moved to adjourn to February 28, 1984 at 5:30 p.m. at Capone's.
Motion carried unanimously, Meeting adjourned at 11:12 p.m.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SPECIAL SESSION SHAKOPEE, MINNESOTA FEBRUARY 28, 1984
Mayor 'Reinke called the meeting to order at 5:40 p.m. with Cncl. Leroux, Wampach,
Colligan and Vierling present. Cncl. Lebens was absent. Also present were
George Muenchow, Community Services Director; Jim Karkanen, Public Warks Director;
Jeanne Andre, Community;Development Director; H. R. Spurrier, City Engineer; Tom
Brownell, Police Chief; Gregg Voxland, Finance Director; Julius A. Coller, II,
City Attorney and John K. Anderson, City Admr. Leroy Houser, Building Official
arrived at 5:55 and Joe Ries, Scott County Administrator, arrived at 8:00 p.m.
Discussion took place regarding goals and objectives until 8:45 p.m. when the
meeting was recessed.
Leroux/Wampach moved to re-convene at 9:05 p.m. Motion carried unanimously.
Leroux/Wampach moved to recess to conduct an HRA meeting. Motion carried
unanimously.
Colligan/Wampacki moved to re-convene at 10;25 p.m. Motion carried unanimously.
Colligan/Vierling moved to open the public hearing regarding the modification of
redevelopment plan of Valley Industrial Park Redevelopment Project No. 1. Motion
carried unanimously.
Jim Casserly, of W Connor and Mannon, explained that they separated the rede-
velopment plan from the tax increment plan. He said the redevelopment plan is
to be adopted, and the tax increment plan is just being approved in concept
tonight.
Mayor Reinke asked if there were any comments from the audience regarding this
item, and there was no response.
Colligan/Wampach moved to close the public hearing. Motion carried unanimously.
Leroux/Vierling offered Resolution 2226, A Resolution Approving the Modification
and Re-designation by the Housing and Redevelopment Authority in and for the City
of Shakopee of Valley Industrial Park Redevelopment Project No. 1 to Minnesota
River galley Housing and Redevelopment Project No. 1 and the Redevelopment Plan
Relating Theie to,,�and mgved Its adoption. The City Admr. summarized the resolu-
tion.
Roll Call: Ayes; Unanimous' Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2227, A Resolution Approving and Authori-
zing toe Execution of a' Contract for Private Development with Minnesota Racetrack
Limited Partnersh ;p, and moved its adoption. The City Admr. summarized the re-
solution.
Roll Call: Ayes;VUnanimpus Noes; None Motion carried.
Leroux/Wampach moved to--`open the public hearing regarding the Proposed Tax In-
crement Financing Plan for 'Fax Increment District No. 4. Motion carried
unanimously.
The City Admr. entered into'_the record a letter from Joe Ries, Scott County Ad-
minstrator, regarding the"'Scott County Board's actions of today in which they
adopted the comments of' the County Auditor and County Planning Director as the
Board's comments on the' proposed tax increment financing plan for Tax Increment
District No. 4. The letter from the County Auditor stated the tax review is
accurate, and the 19tter from the Planning Director stated the proposal is con-
sistent with the acott County Comprehensive Plan.
Mayor Reinke asked for comments, and there were none.
Collig-an/Wampach moved to close the public hearing. Motion carried unanimously.
Leroux/Wampach offered Resolution No. 2228, A Resolution Relating to the Estab-
lishment by the Housing ad Redevelopment Authority in and for the City of
Shakopee of Proposed Tax'Yncrement District No. 4 and Giving Preliminary Con-
Cept Approval Thereto, and moved its adoption.
Shakopee City Council
February 28, 1984
Page 2'
The Community Development Dir. said that Exhibit A to Resolution No. 2228 re-
presents findings in support of the creation of Tax Increment District No. 4.
She would propose including in the resolution reference to Exhibit A, and attach
Exhibit A to the resolution. She added the tax amount should be increased to
$17,100,000, with total value remaining at approximately $48 million.
Leroux/Colligan moved to amend Resolution No. 2228 to include Exhibit A with
the corrected numbers. Motion to amend the resolution carried unanimously.
The City Admr. summarized the amended resolution.
Roll Call on Resolution No. 2228 as amended: Ayes; Unanimous
Noes; None
Motion carried.
Colligan/Vierling offered Resolution No. 2229, A Resolution Approving Design
Development Drawings for Racetrack, and moved its adoption. The City Admr.
summarized the resolution. Motion carried unanimously.
Wampach/Leroux moved to authorize and direct staff to release the developer's
agreement for Hillside Estates, First Addition, upon receipt of a letter deposit-
ing letter of credit and a letter of credit in the amount of $2,000.00.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Bruce Malkerson, representative of the Shakopee Racetrack, expressed his appre-
ciation of the City's efforts with the developers, and invited Council to a press
meeting to be held at .00 p.m. March 1, 1984, when a full scale model will be
available for all to see how the racetrack facility will look.
Mr. Malkerson gave a ruu-down of all the dates and times for the various presen-
tations to the Racing Commission and hearings. He said the vote is expected to
be March 28, 1984. He said he is very excited and pleased with this proposal
and believes this is the best facility proposed.
Leroux/Vierling moved to adjourn to February 29, 1984 at 12:00 noon. Motion
carried unanimously. Meeting adjourned at 10:49 p.m.
John K. Anderson
City Administrator
Diane S. Beuch
Recording Secretary
1984
Legislative
Conference
City officials will get a chance to learn about Governor Perpich has indicated that he will not be
major legislative issues to be considered by the available to address the conference. Tom Triplett,
1984 Minnesota State Legislature by attending the a key member of his administration and
LMC Legislative Action Conference, March 13-14, Director of the Minnesota State Planning
at the St. Paul Radisson Hotel, on Kellogg Blvd. Agency, will speak to city officials at the
Wednesday (March 14) breakfast.
The conference opens with a Noon luncheon
on Tuesday, March 13. The topic of the panel Triplett formerly headed the Minnesota Project, a
discussion will be changes proposed for the funding private non-profit organization working with cities
and employer-employee contribution rates for and community organizations to aid development
public employee pensions. and stimulate new commercial and energy initia-
tives.
Minnesota Commissioner of Finance Gus Dunhowe
will discuss the Governor's proposed legislation. Triplett also served as member of the Governor's
The bill would change the amortization schedule of staff prior to his appointment to the State Planning
unfunded accrued liabilities, stretch out the rate Agency. At present, he directs major policy
of funding, thus allowing employer contributions development for Governor Perpich.
to PERA and some other retirement funds to be
reduced. Most of the revenue freed up by these The conference will close with a briefing on key
reductions would be used to reduce employee LMC legislative policy priorities for the '84 Ses-
contributions or to increase aid to other funds, sion. League lobbyists will provide information and
such as the Minnesota Teachers Retirement As- position papers to city officials and encourage
sociation and local police and firefighters relief them to talk with local legislators on those matters
associations in about 30 cities. The bill makes at meetings to be scheduled following the con-
many other changes as well. ference.
Senator Donald Moe will also discuss the defined It is suggested that city officials act now to set up
contribution plan he has proposed. Other panel those appointments to assure that you will get an
participants will offer comments on these and opportunity to discuss LMC policy priorities with
other pension-related concerns. your local lawmakers.
On Wednesday,an important discussion of pending AGENDA
legislation on comparable worth will be featured.
Senator Linda Berglin, author of a major proposal Tuesday, March 13
to extend the principle of pay equity to local 11 :00 a.m. Registration Opens
employees, will address city officials. Representa-
tive Carolyn Rodriquez, Chair of the Minnesota 12 Noon-1 :30 p.m. Luncheon
Council on the Economic Status of Women, has
also been invited to discuss possible legislative 1 :45-5:00 p.m. LMC Policy Adoption
action. LGA Policy Process
Ask the Lobbyists
Karen Olson, Labor Relations Associates, will
comment on the concerns of cities facing imple- Wednesday, March 14
mentation of pay equity. 8:00-9:00 a.m. Continental Breakfast
Also important to city officials is the LMC policy 9:30-11:00 a.m. Workshop on Comparable Worth
adoption portion of the conference program. That
session is scheduled Tuesday afternoon, follow- 11 :00-11 :30 a.m. Legislative Priority Briefing
ing the luncheon. (Please see schedule printed
elsewhere in this article.) 11 :30 a.m. LMC Lobbying Day on the Hill
Plan now to attend C�
League of Minnesota Cities
Association of Metropolitan Municipalities
1984 Legislative Action Conference
Tuesday and Wednesday, March 13-14, 1984
Radisson St. Paul Hotel
11 E. Kellogg Boulevard
Registration form
i
City (Please print or type)
Name Title
Name Title
Name Title
Name Title
Name Title
Registration fee: $50.00 advance
$55.00 on-site
Check enclosed in the amount of$
Fee includes conference registration, Tuesday luncheon, Tuesday reception, and Wednesday continental breakfast.
Mail to: Gayle Brodt, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101
-------------------------- --------------------------
RADISSON• DON'T FORGET —
RADISSON ST. PAUL HOTEL MAKE CHECK OR MONEY ORDER
PAYABLE TO RADISSON ST. PAUL
[Up DO NOT SEND CURRENCY.
ORGANIZATION LEAGUE OF MINNESOTA CITIES
FUNCTION
LEGISLATIVE CONFERENCE —DATES M 12'13, 1984
ALL REOUESTS FOR THE ABOVE GROUP MUST BE RECEIVED BY MUM 1 1984
Please reserve accommodations for Print or Type
NAME COMPANY_
LAST FIRST
ADDRESS
CITY STATE ZIP CODE —
NO.OF PERSONS
SHARING ROOM WITH
PHONE NUMBER
SIGNATURE
CHECK IN TIME 3:00 PM
QO,�T, �� ARRIVAL TIME
FMNTH DAV YEAR CHECK OUT TIME 1:00 PM
ARRIVAL DATE DEPARTURE DATE
Accommodations will not be guaranteed without a check for the 1st night's deposit, or your major credit card number as
requested below. Should you prefer not to guarantee your reservation, your room will be held only until 6:00 p m. of your
arrival day. You will be charged for the 1st night if reservations are not cancelled 48 hours prior to arrival.
CREDIT CARD# _ LJ AMEX ❑ DINERS CLUB I I VISA ❑ MASTERCARD EXPIRATION DATE
(PLEASE CHECK ONE)
PLEASE CHECK PREFERRED ACCOMMODATIONS
SPECIAL pMU= RATE: $48.00 SINGLE
$58.00 DOUBLE 12 PERSONS)
IF RATE REQUESTED IS NOT AVAILABLE,NEAREST AVAILABLE RATE WILL BE ASSIGNED.THERE IS AN ADDITIONAL$ 8.00
CHARGE FOR THE THIRD OR FOURTH OCCUPANT IN EACH ROOM. RATES ARE SUBJECT TO APPLICABLE TAXES.
NO CHARGE FOR CHILDREN UNDER 18 OCCUPYING THE SAME ROOM AS PARENTS.
Mail to: Reservation Office, Radisson St. Paul Hotel, 11 East Kellogg Blvd., St. Paul, MN 55101
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PARKING FOR THE
LMC LEGISLATIVE CONFERENCE
This insert is provided to give you the information and
directions you will need to conveniently park your car during
the LMC Legislative Conference. The map on the reverse side
is made available by the City of St. Paul and demonstrates
the ease and convenience with which conference delegates
and guests can use parking facilities at the St. Paul Civic
Center Garage, four blocks west of the Radisson St. Paul on
Kellogg Boulevard.
For those staying at the Radisson St. Paul Hotel, at the
time you register, ask for a parking pass that will permit you
to leave and return to the garage without paying additional
parking fees.
See the reverse side for information on parking costs, bus
transportation, and location of hotel and parking facilities.
To facilitate your arrival it is suggested that persons
staying at the Radisson St. Paul drive directly to the hotel
entrance on Kellogg Boulevard (between Cedar and Wabasha
Streets) to unload luggage and register. Then you may drive
to the St. Paul Civic Center Garage, park your car, and return
via shuttle bus (or MTC for 10 cents) to the hotel.
STATE OF MINNESOTA BUREAU OF MEDIATION SERVICES ST. PAUL, MINNESOTA 55103
IN THE MATTER OF: Case No. 84-PN-695-A
Teamsters Union Local No. 320
and
City of Shakopee, Shakopee, MN. (POLICE OFFICERS) 4
ary C"6"
RECEIPT OF MEDIATION PETITION
AND MEETING NOTICE
You are notified that a petition for mediation has been received by the Bureau
of Mediation Services. To fulfill the intent and the provisions of the Public
Employment Relations Act of 1971 as amended, a mediation meeting will be held for
the purpose of reaching a settlement of the dispute as scheduled below:
DAY: Monday
DATE: March 12, 1984
TIME: 10:00 a.m.
PLACE: Court House, Shakopee, Minnesota
It is the mutual obligation and duty of the public employer and the exclusive
representative to be present and meet with the intent of resolving the dispute and
reaching an agreement.
Therefore, the representatives of the parties shall have the authority to nego-
tiate in good faith, be prepared to identify unresolved issues, and to state their
positions regarding such issues so that every effort can made to arrive at a volun-
tary settlement of the dispute.
In accordance with P.E.L.R.A. , certain mediation periods commence the day
following receipt of a petition for mediation by the Bureau. In this case the
x]45 day = 60 day mediation period begins on and ends on
cc: Lawrence E. Evans Very truly yours,
John Anderson DIRECTOR
Chairman, City Council BUREAU OF MEDIATION SERVICES
STATE OF MINNESOTA
Dated at St. Paul , Minnesota 2/24/84
it FoFthtP-Dhector
ME-00024-01
Rev. 3/81'
Public
TO: John K. Anderson, City Administrator
FROM: Jeanne Andre, Community Development Director
RE : Resolution No. 2234
DATE: March 2 , 1984
Introduc_ tiq
At its February 27 , 1984, meeting the Cable Communications
Commission recommei6ded that the City Council adopt a local
resolution, similar to the sample sent by Adrian Herbst , which
opposes the Cable Communications Act of 1983 , now under consid-
eration by the' U. S . House of Representatives as House file 4103 .
Background :
The current legislation under consideration by the House
has many similarities to Senate file 66 adopted by the Senate
in a previous session . Both bills remove a significant amount
of authority and 'control from local jurisdictions and have
largely been - opposed by Cities . The City Council has passed
resglutions opposing similar legislation in the past , andmaywish to continue to voice opposition to lessening of local
authority in' regulating cable communciations .
Recommended Action:
Adopt Rgoolution No. 2234 , A Resolution Opposing the Cable
Communications Act of 1983 , and send to Congressman Frenzel ,
Senators Boschwitz andlpgrenberger and other officials who
should be awore of the City ' s position .
RESOLUTION NO. 2234
A Resolution Opposing the Cable Communications Act of 1983
WHEREAS, provision of cable television service has proven
to be a valuable service to the City of Shakopee and holds great
promise to all cities in the United States ; and
WHEREAS , the City of Shakopee and other local governments
f
have had the responsibility for franchising cable television
systems in their cutis and for overseeing the implementation
of those franchises once awarded ; and
WHEREAS , the presence of a sfrong local governmental role
in the overseeing of franchise agreements has worked to ensure
that contractual obligations are carried out and the public
interest served ; and r
WHEREAS , �the U"I ted States House of Representatives has
been deliberating on federal cable television legislation ; and
WHEREAS , H.R. f4101 , The Cable` Communications Act of 1983 ,
represents a shaft of 'tgntrol and oversight of local cable
franchises from 1oc41 government control to federal government
control ; and
WHEREAS , the City of Shakopee does not necessarily oppose
all cable legislation .
NOW, THEREFORE, BE IT RESOLVED BY TPE CITY COUNCIL OF THE
CITY OF SHAKOPg; , MINNESOTA; that the City opposes H.R. 4103 ,
The Cable Communido' ;tgns Act of 1983 , in its present form and
urges the United Sate$ ggqse of Representatives to continue
its efforts to formujpte cable legislation consistent with the
following goals :
1 . That local acid state governments not be limited in
their option tQ negptJ4te'4the defjq}tion of basic services
and to regulate the rads charged by cable television com-
t,
panies for basic service, should they believe it to be in the
public interest ;
Resolution No. 2234 Page Two
2 . That at the time of franchise renewal , cities be
able to obtain reasonable upgrades of system hardware to
"state-of-the-art" standards ; be able to refuse renewal to an
operator which has given poor service during the life of the
franchise ; be able to negotiate the purchase price of a cable
franchise when a municipality buys back a cable system or the
system is transferred to a third party through a forced sale ;
and that any court review will not be de novo and court review
of renewal or nonrenewal decisions be the same as that accorded
other legislative decisions ;
3 . That all existing franchises and their terms and
conditions and all franchise processes in which a Request for
Proposals has been issued be grandfathered ;
4 . That the legiplation protects cities from anti-
trust liability for compliance with federal law;
5 . That any limitation on franchise fees not apply to
fees , charges and taxes charged to or through a cable opera-
tor as part of a larger class , for ,example , utility user taxes ;
6 . That federal cable legislation not restrict the
ability of cities to require public , educational , governmen-
tal and leased access to cable televison ;
7 . That cable companies not be provided with the power
to abrogate contractual obligations based on a unilateral
assertion of a "signif}j:ant change in circumstances ; " and
8 . That local governments not be restricted from muni-
cipal ownership and operation of cable systems .
Adopted in session of the City Council of
the City of Shakopee , Minnesota , held this day of
1984 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19 3 4 .--
qty Tttorney
CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL 9�
1984 PROGRAM/PLAN /
A. INTRODUCTION
The Municipal Outdoor Swimming Pool located in Lions Park first used in 1969,
has been a summer focal point for thousands of fun seekers, swimmers, and sun—
bathers For a number of years the facility was able to meet on site costs from
revenues generated. In the post eight years this has not happened.
The City has operated the pool as a major service to its constituents. The goal
has been to provide a pleasurable safe atmosphere of fun and instruction.
B. BACKGROUND
1. Weather conditions are the major factor that determines to what extent the
pool is used each summer: If the temperature soars into the 80's and 90's
people will flock to thepool in great numbers. If not, they won't. This did
happen in 1983.
2. Economic conditions, seem to provide a framework of a wait and see attitude
on phe part of many potential pool users. There is a hesitancy to buy season
tickets if there is a possible chance that they can get by purchasing only a
few daily tickets instead.
3. Season ticket .sales have;,leveled off in recent years.
4. Lespons registrations generally have been decreasing each year.
5. The 1984 Swimming pool Budget was predicated upon a bare bones operation
mirrored after operations of recent years incorporating some personnel cut
backs and minpp4ee increases. This will result in some cost savings. Some
facilities maintenance will suffer. Emphasis on safety will remain very
important! A deficit has been budgeted, In 1983, a $6,050.00 deficit was
budgeted with the acttinl deficit being $8,264.00
6. Free Season Tickets and Lesson Instruction was available to residents who
qualified for the School Free Lunch Program,
C. PROPOSED HOURS OF USAGE, FOR SUMMER 1984
1. The season will -begin Saturday, June 2, and conclude Sunday, August 19 —
79 days. Sarpe number `of days as in 1983.
2. Staff will meap for a few hours (paid time) prior to the start of the season
to prepare facilities and participate in staff training.
3. The total pool will be available for open swimming from 1 :00-4:20 and 6:30-8:20
daily dependent upon weather (same as 1983).
4. Swimming Instruction will -be from June 18 — August 10 weekdays. Hours are
10:15-12:30 and 5:30-6i'l5. Lessons are in blocks of two week periods, 45
minutes per day, and follow .the Red Cross Program, Tiny Tots and Beginners
through Advanced Lifesaving. Basic Rescue & Water Safety and Advanced Lifesavig
are ,of four weeks duration. Instruction to begin one week later than in past.
5. The Pool is available for organized responsible groups to reserve the pool
for private splash parties beyond regular hours. The fee for these groups is
$35.00 for 12 hours or else $1.00/person, whichever sum is larger.
D. PROPOSED PERSONNEL 1984
The staff will consist of' a Manager, Assistant Manager, Cashier, seven Guards/
Instructiors, five Aides,, and.'a backup crew of part—time employees. Each of these
personnel are scheduled on ;a regular basis as needed. All perform important
functions. They are paid only when they work.
POSITION 1981 1982 1983 PROPOSED 1984
1. AIDES
(3 on duty at one time:
concession,bagroom,showers) $3.00-3.25 $3.00-3.40 $3.00-3.40
$3.10-3.50
i 2. GUARDS/INSTRUCTORS
(3-6 on duty at one time) 4.00-4.20 4.00-4.20 4.00-4.40 4. 15-4.55
3. CASHIERS (1) 3.80 4.00 4.00 4. 15-4. 55
4. MANAGERS (2) 5.00-5.30 5.00-5.50 5.00-5. 50 5.20-5.75
E. PROPOSED FEES
1. Classification of Admissions:
CATEGORY 1981 1982 1983 PROPOSED 1984
a. Family Season Ticket by 5/15 by 5/14 by 5/16
$28.00 $25.00 $28.00 $34.00
after 5/15 after 5/14 after 5/16
$31.00 $32.00- $32.00
b. Individual Season Ticket $16.00 $16.00 $16.00 $17.00
Q. Guest Ticket
(7 days-out of town
guests) Family: 8,00 8.00 8.00 10.00
Individual: 3.00 3.00 3.00 4.00
d. Instruction - Children: 9.00 10.00 10.00 11.00
- Adults: 10.00 12.00 12.00 14.00
e. Senior Citizens (Age 60+) Free Free Free ; Free
f, Gate
Children (Under Age 19) .75 .90 1 .00 1.00
(Under Age 1) -- Free Free Free
Adults (Age 19 & Over) 1.00 1. 15 1.25 I 1.25
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Alternatives `
1. The proposed 11 week season is identical to the time period that the pool was
open Iin 1983. One additional week was added in August because of the warm
weather. This is a part of the staff recommendation for 1984. In previous
years the pool hips been scheduled for a ten week season. Proposed fees
should generate enough money to keep this facilities deficit at $ 6,000.00.
2. Schedule a ten week season starting with the end of the school year through
the second week of August including the proposed fee schedule. The anticipated
deficit would be $ 5,300.00.
3. Schedule a nine week season starting one week after the end of school (June9).
The Anticipated deficit would be $ 4,500.OQ.
4. Continue recent practice of allowing a reduction for those that purchase season
tickets early'. Anticipated deficit would be increased by $ 275.00 for every
dollar of reduced feei`
5. Grant free seasolt tickets and swim instruction to residents that qualify for
school free lune program. ; This is included in proposal and is an anticipated
cost` of approximately $ 1500.00.
G. Recommendation
1. Conduct an 11 week season at the Shakopee Municipal Swimming Pool the Summer
of 1984 with fees and hours as recommended by staff:
June 2 - August 19 (weather permitting)
Open Swim Hours. . . (1:00-4:20 & 6:30-8:20)
Iiq ruction. . . . . . (Children $11.00/two weeks)
(Adults $14.00/two weeks)
Gate Admissiont . . . (Children $ 1.00, Adults $1.25)
Season Tickets;
(Family $34.00)
(Single 17.00)
(Guest/Family $10.00)
(Guest/Ind. 4,00)
(Sr Citizen Free)
(Age One & Under Free)
2. Grant free season tickets and swim instruction to residents that qualify for
the School District' #720 Free Lunch Program.
3. Wages shall be: Positions) Beginning Experienced
Aides $ 3.10/hr $ 3.50/hr
Guards/Instructors 4.15/hr 4.55/hr
Cashier(s) 4.15/hr 4.55/hr
Managers 5.20/hr 5.75/hr
b "
MEMO
"
MEMO TO: John K. Anderson, City Admin.
FROM: H.R. Spurrier, City Engineer
RE: JEJ Drainage of Former Chicago ,
Milwaukee , St . Paul and Pacific
Railroad Right-A-Way.
INTRODUCTION
In August , 1983 City Council rejected the bids for the above
referenced project and directed Staff to obtain all the waivers
of the railroad agreement before readvertising the project .
BACKGROUND
There are two actions the City must take here :
1 . To authorize the payment of $3 , 150 . 00 to Mr . and Mrs .
Gilbertson for a storm sewer easement .
2 . To authorize Staff to advertise for bids for the above
referenced project .
The City has received all of the specified waivers and upon
payment of $3 , 150.00, the City can purchase the easement across
the Gilbertson parcel .
The contract proposes a bid opening April 2 , 1984 with completion
within 60 days of the notice to proceed.
The recommended action to be taken is to :
Approve payment of $3 , 150.00 to Darwin and Arlissm Gilbertson
for the necessary storm sewer easement to authorize the
advertisement for bids for the JEJ drainage of the former
Chicago, - Milwaukee , St . Paul and Pacific Railroad Right-a-
Way.
ACTION REQUESTED
1 . A motion to approve the payment of $3 ,150. 00 to Darwin
and Arlissm Gilbertson for the storm sewer easement.
2 . Authorize advertising for bids for the JEJ drainage of
the former Chicago, Milwaukee , St . Paul and Pacific
Railroad Right-A-Way.
HRS/bn
lid
MEMORANDUM
MEMO TO: John K. Anderson/City Administr r
t
FROM: H.R. Spurrier/City Engineer
RE: Tahpah Park Sewer and Water �e ice
DATE: March 2 , 1984
Introduction:
I have on file plans and specifications for the above referenced
project .
Background :
These plans have been reviewed by and approved by the Shakopee
Jaycees . That review was necessary because the Shakopee Jaycees
are paying for the proposed improvements .
Once bids have been received , April 2nd they will be reviewed
by staff and sent to the Shakopee Jaycees for approval_ before
the contract can be awarded. The contract provides sixty days
for completion and so it is quite possible that the restroom in
Tahpah Park could be (operational ) by the first part of June .
It is recommended that City Council authorize advertising for
bids for Tahpah Park Sewer and Water Service .
Action Requested:
A motion to authorize staff to advertise for bids for the Tahpah
Park Sewer and Water Service .
HRS : cah
_C_
February 13 , 1984
The Honorable Eldon Reinke, Mayor
City Hall
129 Fast First Avenue
Shakopee, Minnesota 55379
Dear Mayor Reinke:
It has been brought to my attention that some members of the
Shakopee Common Council are basing their selection for the appoint-
ment to SPDC on volunteer work rather than on the qualifications of
an individual .
I feel that when a person does volunteer work the satisfaction
should come from helping and not from the ' rewards ' one might
receive for doing such volunteer work.
Due to the closeness of the voting, I offer the following as a few
areas for which I have volunteered. I offer these not to receive
accumulation for this volunteer work but help the council to make
the right decision. '
I have made numerous clowning appearances and/or make-up demonstra-
tions for the hospital, , schools, churches, civic groups and the
community services. - 'I , have also traveled to the University Heart
Hospital as a clown several times to visit Shakopee children per
Scott County ' s request.
I was a member of the Scenic Heights Park Committee and was in
charge in the actual construction of the -%iR Shelter. I also
donated equipment from my place of employment to famish area
around shelter.
I helped the Jaycees survey the ball fields at Tapah Park.
I was the Cancer Drive Chairman for Shakopee a few years back.
I was the leading money collector in the walk for Debbie Luce and
obtained several members of my reserve unit to walk in this effort
also, raising a substancal amount of money for this little girl ' s
operations.
f f
I am ptesently 'apsigned to the Scott County Civil Defense Office
in a non-pay status with the U.S. Army.
Again, I do not feel that the above should play a prominent role
in the ,selection process in appointing someone to the SPDC, but
rather on a person' s qualifications and willingness to serve.
Sincerely, /
J
�/im Kephart
MEMO TO : Mayor and City Council
FROM: John K. Anderson, City Administrator
RE : Appoint to SPUC Board
DATE : March 1 , 1984
The vote on the appointme► t to the SPUC Board scheduled for
March 6, 1984 should be postponed until March 19th so all
Councilmembers will be present.
Attached is more information on Mr. Kephart.
of
Memo To: John K. Anderson , City Administrator
From : Gregg M. Voxland , Finance Director
Re : Health Care Accounts
Date: March 2 , 1984
,Introduction. & Backgo�?nd
The City was preparing to implement individualized health
care accounts as part of the 1984 benefit package . However ,
the I . R. S . issued a ruling in February which made most plans of
the type we were implementing unacceptable . There will
undoubtedly be lobbying and congressional hearings on this
issue throughout the year . Our consultant firm has been to
Washington to clarify the situation and will advise us of any
changes .
.Alternatives
1 . Proceed as planned even though I . R .S. has ruled against
such plans and hope for a change before year end .
2 . Pay in cash as part of payroll the amount that would have
gone into the accounts from the employer ($45/mo . for
single and $195less premium for family) . These payments
are taxable income .
3 . Put the $45/mo . into the accounts for all employees .
They can draw on the account for premiums and costs , but
Forfeit any unused balance of the account . There is no
employee contribution to the account , but the account is
tax free.
Recommendation
The employees are being polled , but as of the time when this is
written , it appears that the employees prefer number 2 because
of the forfeiture provision of number 3 . They have shown the
desire to return to the original concept should the I . R.S .
change it ' s position on the issue .
Act; 2n Requested
Move to authorize the payment of $45 per month to employees
with single insurance coverage and the payment of the
difference of the $195/month benefit level and the average
insurance premium when the premium is less than $195/mo. to
the employees with family coverage . Such payment to be part
of a 0ayroll check.
GV:mmr
Memo To: John K. Anderson, City Administrator
From: Gregg M. Voxl.and, Finance Director
Re: Surplus Property
Date: February 24, 1984
Introduction 5 Background
The City has purchased replacement squad cars, a replacement for the
Building Inspector's car, a replacement unmarked car and the Police Chief
has determined he no longer has a need for the Police Dept. van. The
Engineering Dept. has a need for the van and therefore it is being
transferred down.. There are several vehicles that are no longer needed and
should'be sold. Council needs to declare them surplus to enable the sale.
Action Regues_Ud
Move to declare 3 - 1980 Malibu's, 2 - 1979 Malibu's and 1 - 1975 Granada
surplus property.
GMV•mmr
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....� league of minnesota of -Lies
f
MEMORANDUM February 22, 1984
TO: Mayors, Managers, Clerks
FROM: Joel Jamnik, Legislative Counsel
SUBJECT: Proposed policy on Comparable Worth
Attached please find a copy of the draft policy on comparable worth. This
policy statement was recommended to the LMC Board of Directors by the Sub-
committee on Comparable Worth. The policy as presented was approved by the
LMC Board on February 16 at the regular monthly board meeting and is being
distributed to the membership.
Please note that the policy as been designated with an "A" priority by the
LMC Legislative Committee. Note reference in booklet entitled Propesed
1984 CiM Policies, page 7. ) City officials registered and attends g the
1984 LMC Legislative Action -Cohference (March 13-14) will have an opportunity
to consider this 'd olicy statement for adoption along with other proposed
policies contained` in t 'e ooklot.
Please circulate this draft policy to city councilmembers and inform the
council of anticipated adtiot 'an it at the time of LMC legislative policy
adoption on Tuesday, March 1�3, '
K
If you have any questions on the attached draft policy statement, please
contact me.
This is the policy Council approved at its February 21 , 1984
meeting.
r
1 83 university avenue east, St. Paul, minnesota 551 01 (612) 227-5600
CO`1PARAIILE WORTH--TASK FORCE DRAFT POLICY
The League recommends that the Legislature allow a reasonable period of
time for local units of governments to address the issue of comparable worth
at the local level before mandating compliance with a state-wide program.
Cities and other local units of government are in the best position to address
possible internal salary inequities without exceeding local budget
constraints.
Comparable worth is more than a gender issue, being inextricably linked
to the proposition that positions should be classified on the basis of job
content and that wage rates for similarly classified positions should bear a
rational relationship to the changing requirements of the marketplace.
The League of Minnesota Cities supports the philosophy of pay equity on
the basis of both internal job content comparisons and external supply and
demand comparisons.
A wage structure based on job content cannot be realized, however, in an
environm£r.t where wage rat'es can be established either by arbitration awards
or negotiated with labor organizations operating within the allowances of the
labor relations laws.
The LeaEue recrnine*nds that legislative action be taken at this tine to
facilitate and encours`ge local units of government to develop compensation
programs based on job content. The following principles should guide this
legislation:
Drafted by: Joel Jamnik
Committep: Comparable Worth Task Force
Date Presented: 1/31/84
Date Adopted: 1/31/84
Draft Number: I
Priority: Page 1 of 2
1. Comparable worth programs must balance laternal pay equity with
external supply and demand considerations.
2. Existing laws, which limit the power of municipal governing bodies
and managers to implement wage structures based on comparable worth, including
but not limited to collective bargaining and arbitration, must be modified
accordingly.
3. Implementation of internal pay equity programs must incorporate the
concept that decreases in pay as well as increases may be necessary.
4. Because of the costs associated with the implementation of
comparable worth, the state should make available special assistance and
funding mechanisms for program implementation.
5. Pay equity implementation should not be required to be completed in
less than a three to five-year period.
6. The state should shield or indemnify, including providing or paying
for defense costs, any city which is sued for back pay as a result of the
implementation of the pAy -equity programs.
7. The state shopld define the goals of comparable worth, but allow
cities to choose the methods of analysis and implementation of pay equity
programs.
8. A fiscal note identifying any local government costs to be incurred
in implementing any legislation must be included.
Drafted by: Joel Jamnik
Committee: Comparable Worth Task Force
Date Presented: 1731/84
Date Adopted: 1/31/84
Draft Number: 1
Priority: Page 2 of 2
Proposed
1984
City pol
and priorities
For distribution to all member officials
All city clerks and administrators receive a copy of
the proposed policies for distribution to all officials.
Each mayor will also receive a copy. Additional copies
are available from the League office.
LMC Legislative Study Committees have developed
these policies and the LMC Legislative Committees are
recommending them to the membership. Each policy
has an A, B, or C priority. An explanation of each level
is in the Forward.
Please review these proposed policies before the 1984
Legislative Action Conference. City officials will adopt
legislative policies at the Legislative Conference on
Tuesday, March 13 at the St. Paul Radisson Hotel, 11 E.
Kellogg Boulevard. Contact committee chairs, vice
chairs, or League staff with questions or comments.
LEAGUE OF MINNESOTA CITIES
183 University Avenue East
St. Paul, MN 55101
(612) 227-5600
r 9 '
FEB 24
1111 Lill CITY OF SHAKOPEE.
league of minnes®ta cities
MEMORANDUM February 22, 1984
TO: Mayors, Managers, Clerks
FROM: Joel Jamnik, Legislative Counsel
SUBJECT: Proposed policy on Comparable Worth
Attached please find a copy of the draft policy on comparable worth. This
policy statement was recommended to the LMC Board of Directors by the Sub-
committee on Comparable Worth. The policy as presented was approved by the
LMC Board on February 16 at the regular monthly board meeting and is being
distributed to the membership.
Please note that the policy has been designated with an "A" priority by the
LMC Legislative Committee. (Note reference in booklet entitled �-ased
1984 Cid Policies, page 7. ) City officials registered and attending the
1984L9C Legislative Action Conference (March 13-14) will have an opportunity
to consider this draft policy statement for adoption along with other proposed
policies contained in the booklet.
Please circulate this draft policy to city councilmembers and inform the
council of anticipated action on it at the time of LMC legislative policy
adoption on Tuesday, March 13.
If you have any questions on the attached draft policy statement, please
contact me.
This is the policy Council approved at its February 21 , 1984
meeting.
1 83 university avenue east, st. paul, minnesota 551 01 (C 1 2) 227-5800
1
COMPARABLE WORTH--TASK FORCE DRAFT POLICY
The League recommends that the Legislature allow a reasonable period of
time for local units of governments to address the issue of comparable worth
at the local level before mandating compliance with a state-wide program.
Cities and other local units of government are in the best position to address
possible internal salary inequities without exceeding local budget
constraints.
Comparable worth is more than a gender issue, being inextricably linked
to the proposition that positions should be classified on the basis of job
content and that wage rates for similarly classified positions should bear a
rational relationship to the changing requirements of the marketplace.
The League of Minnesota Cities supports the philosophy of pay equity on
the basis of both internal job content comparisons and external supply and
demand comparisons.
A wage structure based on job content cannot be realized, however, in an
environment where wage rates can be established either by arbitration awards
or negotiated with labor organizations operating within the allowances of the
labor relations lavas.
The League recommends that legislative action be taken at this time to
facilitate and encourage local units of government to develop compensation
programs based on job content. The following principles should guide this
legislation:
I
Drafted by: Joel Jamnik
Committee: Comparable Worth Task Force
Date Presented: 1/31/84
Date Adopted: 1/31/84
Draft Number: 1
Page 1 of 2
Priority:
1. Comparable worth programs must balance iaternal pay equity with
external supply and demand considerations.
2. Existing laws, which limit the power of municipal governing bodies
and managers to implement wage structures based on comparable worth, including
but not limited to collective bargaining and arbitration, must be modified
accordingly.
3. Implementation of internal pay equity programs must incorporate the
concept that decreases in pay as well as increases may be necessary.
4. Because of the costs associated with the implementation of
comparable worth, the state should make available special assistance and
funding mechanisms for program implementation.
5. Pay equity implementation should not be required to be completed in
less than a three to five-year period.
6. The state should shield or indemnify, including providing or paying
for defense costs, any city which is sued for back pay as a result of the
Implementation of the pay equity programs.
7. The state sbould define the goals of comparable worth, but allow
cities tc choose the methods of analysis and implementation of pay equity
programs.
8. A fiscal note identifying any local government costs to be incurred
in impl.enenting any legislation must be included.
Drafted by: Joel Jamnik
Committee: Comparable Worth Task Force
Date Presented: 1/31/84
Date Adopted: 1/31/84
Draft Number: 1
Priority: ' Page 2 of 2
TABLE OF CONTENTS
Page
Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Forword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committee members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Health and Safety (Staff: Joel Jamnik, Stanley Peskar)
PHS-1. Issues in Law Enforcement Personnel (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
PHS-2. Peace Officers' Authority (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
PHS-3. Fire Personnel Standards (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PHS-4. Fire Codes (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PHS-5. Updating of Building and Fire Codes (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PHS-6. Building and Energy Codes (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PHS-7. Physically Disabled Provisions of the State Building Code (B). . . . . . . . . . . . . . . . . . . . . . . . . 3
PHS-8. Youth Services Bureau (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PHS-9. Work Restitution Programs (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
PHS-10. Emergency Medical Services (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PHS-11. One Class of Beer (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
PHS-12. Uniform Codes (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personnel, Pensions and Labor Relations
(Staff: Joel Jamnik, Stanley Peskar)
PPLR-1. Minnesota Public Employee Labor Relations Act (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
PPLR-2. PERA Benefits, Financing, and Administration (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
PPLR-3. State Taxation of PERA Contributions (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • .6
PPLR-4. Unemployment Compensation (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PPLR-5. Financing Fringe Benefits to Retirees (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PPLR-6. Comparable Worth (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
PPLR-7. Relief Association Member Lobbying (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PPLR-8. Veterans Preference (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PPLR-9. Day Labor (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
PPLR-10. Formal Civil Service Systems (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PPLR-11. Government Training Service Funding (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PPLR-12. Workers' Compensation (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PPLR-13. Disability Retirement (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PPLR-14. Volunteer Firefighters' Double Dipping (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PPL R-15. Employee Bonuses (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
PPLR-16. Volunteer Ambulance Retirement Systems (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PPLR-17. Temporary Military Service (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government Structure (Staff: Joel Jamnik; Elections, Helen Schendel)
GS-1. Open Meetings (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
GS-2. Publication Requirements (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
GS-3. Updating and Redefinition of Statutory Duties of City Clerks .10
and Treasurers (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
GS-4. Personal Bonds (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
GS-5. Validating Absentee Ballots (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • . . . . . . . .11
GS-6. Publication of Small Cities Financial Statements (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
GS-7. Mandates (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
GS-8. Tort Liability (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
GS-9. State Licensing of Contractors (B) 11
GS-10. Cable Television (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
GS-11. State Audits and City Financial Reporting Requirements (B) . . . . . . . . . . . . . . . . . . . . . . . . .12
GS-12. Uniform Information Practices (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . „ 12
GS-13. Uniform Local Government Election Day (B). . . . . . . . . . . . . . . . . . . . .13
GS-14. Election Day Registration (B) . , .13
GS-15. Campaign Financing and Disclosure (B) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,13
GS-16. Data Practices (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
GS-17. Purchasing and Contracting Issues (B), , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,14
GS-18. Tax Credit for Municipal Donations (B) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,15
GS-19. Adjusting Dollar Limits (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
GS-20. Voting Equipment (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
GS-21. Precinct Boundary Changes (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
GS-22. Collateral for Depositories (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
GS-23. Home Rule (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
GS-24. Improved City Code (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Revenue Sources (Staff: Peggy Flicker)
RS-1. Elimination of Levy Limits (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
RS-2. Adequate Funding for Local Government Aid (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
RS-3. License Fees (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
RS-4. Special Assessment Financing (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
RS-5. Equipment Financing (A) . . . . . . . . . . . . . „ _ . . . . . . .18
. . . . . . . . . . .
RS-6. Municipal Bonds (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
' . . . . . . . . . . .
RS-7. Homestead Credit (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
RS-8. Railroad Taxation (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
RS-9. Tax-Exempt Property (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
RS-10. Assessment Equalization (C) . . . . . . . . . . . . . . . . . . 20
Land Use, Environment, Energy and Transportation (Staff: Joel Jamnik)
LUEE-1. Solid and Hazardous Waste Management (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
LUEE-2. Wastewater Treatment Projects (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
LUEE-3. Surface Water Management (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
LUEE-4. Transportation (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
LUEE-5. Agricultural Land Preservation (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
LUEE-6. Review of Planning and Annexation Laws (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
LUEE-7. Manufactured Housing (B) . . . . . . . . . 24
LUEE-8. Eminent Domain Law(B) . . . ' . 24
LUEE-9. Energy Conservation and Production (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
LUEE-10. Use of Funds from Subdivision of Land (B) . . . . .25
LUEE-11. Zoning and Subdivision Filing Requirements (B) • . ' 25
LUEE-12. Shade Tree Disease Control (C). . . . . . . . . . . . . . . .25
LUEE-13. Initiative/Referendum for Zoning Ordinance (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
LUEE-14. Rezoning Requirements for Cities of the First Class (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
LUEE-15. Adverse Possession (C) . 26
Development Strategies (Staff: Peggy Flicker)
DS-1. Community Development Principles (A). 26
DS-2. Municipal Service Districts (A) ' . . . . . . ' . . . . . ' ' ' ' ' ' . '
Tax-Exempt Status of Land Held by Cities for Development (A) . . . . . . . . . . . . . . . . . . . . . .27
DS-4. Housing (B). 27
DS-5. Small Cities Community Development Block Grants (C). .28
DS-6. Small Business Development Financing (C). . . . . . . . . . . . ' . ' . 29
DS-7. Tax Increment Financing (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
ii
DS-8. Industrial Revenue Bonds (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . .29
29
DS-9. Rent Control (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Federal Legislation (Staff: Donald Slater)
FL-1. Municipal Bonds (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Industrial Development Bonds (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
FL-2. . . . . . . . . . . . . . . .
FL-3. Wastewater Treatment (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . . . . .30
.31
FL-4. Cable TV (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
FL-5. General Revenue Sharing (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . . . . .31
FL-6. Community Development (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . . . 32
FL-7. Federal Antitrust Legislation (B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
FL-8. Mortgage Revenue Bond Program (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
FL-9. Federal Labor Legislation (C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
Forward
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
officials throughout the state can define their committees and reviewed and, in some cases,
mutual problems and develop positive policies and modified by the Legislative Committee.
proposals for their solution.
The priorities are intended to give additional
To accomplish this purpose a three-step con- guidance to the League Board and staff in im-
sultative process has been established providing for plementing the League's legislative program.
the study of issues by committees of municipal
officials, the reivew of the resulting recommenda- "A" priority indicates a major issue, one where
tions by the Legislative Committee composed of the League would introduce legislation or would
the Board of Directors and the study committee work actively with other groups to seek new laws
chair-persons, and final adoption at an annual and regulations.
legislative conference attended by representatives `B" priority indicates items that are important
of all member cities.
to cities but where the League would probably
The policy statements and legislative proposals spend substantially less time unless the legislature
contained herein are the result of this process and or other groups mounted a major effort to which
are intended to be adopted for the biennial legisla- LMC had to respond. While the League might
tive session but subject to review and amendment initiate legislation on `B" priority items, these
between the first and second year. Thus, they will would be relatively non-controversial items, or
provide the League Board of Directors and the those where most of the research has already been
staff with a continuing source of guidance when completed.
testifying before legislative committees and taking `•C" priority indicates items where the League
other actions which have legislative or policy
implications. woulu respond only when the issue is raised by
other groups.
Priority designation. The priority designation is
com-mittees
Public Health and Safety Shirley Lundgren,Council Member,Crystal
Tim Madigan,City Manager, Excelsior
Cherie Anderson, Council Member, Buffalo Robert Middaugh,City Administrator, Elk River
Kymn Anderson, Dir, of Public Safety, Faribault Eli Miletich,Chief of Police, Duluth
John Boyer, Council Member, Cloquet Dean O'Borsky, Police Chief, Hutchinson
Virginia Burnett, City Councilor, New Ulm Donna Robbins,Council Member, Austin
Robert Bursh, Fire Chief, Edina Gregory Schol, Police Chief,Chaska
Jerry Dulgar, City Manager, Anoka Ralph Sveska, Council Member, Spring Valley
Gil Dullinger, Building Official, Brooklyn Park William Thompson, Fire Chief,Coon Rapids
Chuck Fowler, Council Member, Fairmont Timothy Thompson, Police Chief, St. Bonifacious
Sally Howard, Alderman, Minneapolis George Tourville,Council Member, Inver Grove
Bill Lavin,City Administrator, Madison Heights
v
John D. Walker, Mayor, Newport Doris Nivala, Deputy Clerk, Ham Lake
Dan Yecke, City Administrator, Kenyon Jan Peterson,City Attorney, St. Cloud
T.J. Ruhn, Coordinator, Eden Valley
Personnel, Pensions, and Labor Relations Richard Setzler, Clerk, Osseo
James Shearer, Pres. City Council, Duluth
Frank Akers, Chief of Police, Cambridge Betty Sindt, Council Member, Farmington
Howard Anderson, Fire Chief, North St. Paul Jo-Anne Student, Council Sec., Columbia Heights
Gary Bastian, Council Member, Maplewood Leland (Lee) Swanson, Council Member, Morris.
Frank Boyles, Asst. City Manager, Plymouth Robert Tapley, Mayor, Wadena
James L. Brimeyer, City Manager, St. Louis Park David J. Unmacht,Clerk/Treasurer, Belle Plaine
James P. Cosgrove, City Coordinator, South St.
Paul Revenue Sources
Steven Devich, Personnel Officer, Richfield
Dan Donahue, Manager, New Hope John Anderson,City Administrator, Shakopee
Larry Donlin, Mayor, Minnetonka George R. Ballenger, Finance Director, Apple
Willard Doty, Council Member, Mounds View Valley
Joe Heinen, Council President, Sauk Centre Ben Bifoss, City Manager, Montevideo
Bill Joynes, City Manager, White Bear Lake Dr. David M. Brown, Mayor, Goodridge
George Kehoe, Alderman, Owatonna Yale Corcoran, Mayor, Cook
Cy Knapp, Eng. Public Works Dir., Brooklyn Thomas Cran, Budget Analyst, St. Paul
Center June Demos, Mayor, Roseville
Jim Lacina, City Administrator, Woodbury Jon Elam, City Manager, Mound
Orville Mertz, Fire Chief, Rochester Kelly Ferber, Mayor, Fergus Falls
Kent Michaelson, Personnel Officer, Bloomington Tim Flaherty, Legislative Liaison, Minneapolis
Robert Norton, Dir. General Services, Winona Dale Halos, City Assessor, Crookston
Clarence Ranallo, Council Member, St. Anthony R.J. Huston, Mayor, St. Cloud
Douglas Reeder, City Administrator, Maple Grove Gunnar Isberg, Council Member, Northfield
Mark Sather, City Manager, Waseca Richard P. Johnson, Dir. Finance/Dep. City Mgr.,
Bob Schafer, City Manager, Inver Grove Heights Blaine
Ray Schoenecker, Council Member, New Prague Darrel Johnson,Treas. Finance Officer, Winona
Darrell Stacy, City Administrator, Austin Martin Jokinen, City Administrator, Cokato
Peter Stolley, City Administrator, Northfield James Keinath,City Administrator, Winnebago
Leslie Turner, Council Member, Edina Duane Knutson, Mayor, Fertile
Joyce Twistol, City Clerk, Blaine Robert B. Lewis, Mayor, Coon Rapids
Rich Voller, City Manager, Granite Falls Scott Lindquist, City Assessor, Duluth
Bob Wicklund, Dir. Admin. Serv., Robbinsdale Hugh Miller, Council Member, Owatonna
Bruce Nawrocki, Mayor, Columbia Heights
Government Structure Harlin Owens, Mayor, Worthington
John Patton, Mayor, Blue Earth
Bill Barnhart, Local Liaison, Minneapolis David Pokorney, City Administrator, Mahtomedi
John Christenson, Mayor, Good Thunder J.E. Quest, Mayor, Excelsior
Dean Colligan, Council Member, Shakopee Al Ringsmuth, Mayor, Waite Park
C. Wayne Courtney, Mayor, Edina Neil Ruddy,City Administrator, Redwood Falls
Gary Davison, Clerk/Treasurer, International Falls Roy Trullinger, City Clerk/Treasurer, St. James
Jane Gordon, Council Member, Minnetonka Maureen Warren, Office of the Mayor, St. Paul
Paul Herges, Council Member, St. Cloud James G. Willis,City Manager, Plymouth
Anne M. Huntley, Council Member, Grand Rapids Elizabeth Witt, Council Member, Mendota Heights
Rock Lindlam, Mayor, Mound
Patricia Lindquist, City Clerk/Adm., Andover Land Use, Environment, Energy, and
Mary Lee Maida, Council Member, Maplewood Transportation
Sue Mueller, Clerk, Sartell
Mary Mueller, Adm. Assistant, Apple Valley Norman Anderson, Council Member, Maplewood
Margaret Mullen, Clerk, Minnetonka Rick Ball, Planner, Duluth
John Murphy, Dir. of Adm. Services, Golden David Bangasser, City Manager, Wayzata
Valley Bob Benke, Council Member, New Brighton
Everett Nagelhout, Clerk, Minneota Mildred Benner, Council Member, Sauk Rapids
vi
Gary Berg,City Planner, Brooklyn Park Thomas E. Huntley,Council Member, Duluth
Mike Cronin Planner Minneapolis Les Johnson,City Manager, Blaine
Mike Eastling,City Engineer, Richfield Walter M. johnson,City Administrator, Luverne
Tom Eidem, Administrator, Monticello Dennis Kraft,Comm. Dev. Director, Richfield
William Gill, Mayor, Northfield Edward R. Larson, City Manager, Morris
Rosemary Given-Amble, Council Member, Bemidji Phil Lynch,Council Member, St. Cloud
Rob Grasslin, Admin. Assistant, St. Cloud Kermit Mahan, Exec. Director, HRA, Austin
Tom Halloran, Certified Bldg. Official, Rochester Peter Meintsma, Mayor, Crystal
Jan Haugen,Council Member, Shorewood Jim Miller, City Manager, Minnetonka
Richard Hoglund,Clerk/Treasurer, Willmar Jack Murray,Council Member, International Falls
Dolores Lebens, Council Member, Shakopee Henry Pappone,City Council President, Virginia
Richard Lewis, Planner, Cottage Grove Barbara Savanick,Council Member, Apple Valle;
Dean A. Massett, Council Administrator, Red Wing Hank Sinda,City Administrator, New Brighton
Millie MacLeod,Council Member, Moorhead Maureen D.Warren),Off or, Boy Mayor, St. Paul
Tom Mealey, Clerk/Treasurer, Owatonna
Marlow V. Priebe, Dir. of Engineering, Hutchinson
Charles Thomson,Council Member, Excelsior Federal Legislation
Blair Tremere, Planning Director, Plymouth
Craig Waldron, Council Member, North Mankato Janel Bush, Federal Liaison, Minneapolis
Meg Bye, Council Member, Duluth
Development Strategies James P. Cosgrove, City Coordinator,
South St. Paul
Roberta Anderson, Council Member, Owatonna Mary Detrick, Council Member, Hibbing
Merton Auger, Dir. Planning & Comm. Dev., Sue Edel, Council Member, Winona
Buffalo Donald Fraser, Mayor, Minneapolis
Vincent C. Brown, Planning Director, Wadena Pat Hoyt-Neils,Council Member, Plymouth
Jerry Carrier, City Admin./Planner, Winsted Jim Krautkremer, Mayor, Brooklyn Park
David Childs, City Manager, St. Anthony George Latimer, Mayor, St. Paul
Charles Darth, Finance Director, Brooklyn Park Harlin Owens, Mayor, Worthington
Susan Edel, Council Member, Winona Sue Patton,City Clerk, Sartell
Tim Flaherty, Legislative Liaison, Minneapolis Donna Robbins, Council Member, Austin
John Frohrip, City Manager, Dawson Betty Sindt,Council Member, Farmington
Ralph Hester, City Manager, Milaca Maureen Warren,,Office of the Mayor, St. Paul
vii
PUBLIC HEALTH AND SAFETY 6. The opportunity to undertake academic
work at post-secondary schools is a valuable
PHS-1. Issues in Law Enforcement Personnel (A) pre-service training experience for potential
police officers. The League encourages the
The uniform state licensing requirement continued development of a program of
mandates minimum standards for recruitment, pre-employment training and qualification of
training, and conduct for full-time law enforce- peace officer candidates in a variety of loca-
ment personnel. It also provides flexibility by tions throughout the state. The existence
permitting employment of a class of police em- of a program for law enforcement personnel
ployees who meet specified requirements which are qualification at post-secondary institutions,
less than those for full-time officers and by allow- however, should not be allowed to foreclose
ing upgrading of part-time police officers to fully the possibility of recruitment for the posit; n
licensed status. The law also provides for two of licensed peace officers from within the ranks
elected city officials to represent cities on the of reservists and part-time officers and qualifi-
POST Board. The following guidelines are recom- cation on the basis of a local training and
mended to the legislature in any future considera- experience together with a short and reason-
tion of this issue. ably available skills training program as ap-
proved by the POST Board.
1. Since cities increasingly employ specialized law
enforcement personnel, including part-time PHS-2. Peace Officers' Authority (A)
officers, reservists, and paraprofessionals, they
should clearly have the authority to establish Existing legislation and recent court decisions
their own standards for such personnel who are addressing the right of officers to carry weapons
not authorized to carry firearms except in while off-duty outside their jurisdiction and to
emergencies. make arrests outside their jurisdiction while on or
off-duty have arguably not provided sufficient
2. There should be consideration of the financial guidance to law enforcement officers. For this
impact of any state rules and regulations on the reason, peace officer associations have proposed
cost of law enforcement to cities. Mandatory legislation which is intended to clarify the issue of
citizen complaint processing procedures on police authority.
police officer conduct and behavior may
dictate extra cost to produce manuals and train The League supports legislation allowing peace
personnel in their use, and the state should officer3 to carry their service weapon state-wide
subsidize any extra costs. while off-duty without obtaining a handgun carry
permit, if the legislation allows the appointing
3. Enforcement of standards of conduct and authority to prohibit such practice. The League
performance and any other disciplinary matters opposes legislation granting additional arrest
should not bypass normal city personnel powers to licensed Minnesota peace officers on or
procedures. Nor should state objectives be off-duty and outside their jurisdiction in life
allowed to unnecessarily complicate local threatening situations, unless the state of
personnel practices which have worked well in Minnesota is considered as the appointing authori-
the past. ty for indemnification and workers' compensation
purposes.
4. Special attention should be placed upon law
enforcement problems in rural areas and in PHS-3. Fire Personnel Standards (B)
small cities where conventional approaches
may not be practical. The POST Board should Fire suppression has traditionally been a
continue to provide variances for political uniquely local function in Minnesota. Not only are
subdivisions having particular difficulties in firefighting problems vastly different from one
complying with licensing standards to permit community to another, but well over ninety
phased compliance. percent of Minnesota communities rely primarily
on volunteer firefighters for fire suppression.
5. The composition of the POST Board should Because local governing bodies are best equipped
not be altered further so as to dilute city to determine the nature of local fire risks, the level
representation on the Board. of local fire prevention efforts, and the practical
- 1 -
availability of firefighting personnel, and because case-by-case basis, when requested by any political
power to conduct training on a multi-municipal subdivision (including a school district) or a
basis, under the Joint Powers Act, exists and is hospital, unless the city clearly agrees to accept the
being used, the League believes that the following responsibility for the enforcement of the fire code
principles should govern any state or federal efforts by adopting it.
to improve firefighting capabilities.
It is equally important to focus on preventing
1. No governmentally established mandatory or emergencies or potential emergency situations
suggested physical, physiological, educational, through incorporating improved protection fea-
or compensation standards for retirement tures into new building construction, especially in
or continued employment for firefighters high-risk areas or in certain high-risk buildings.
should be created except at the level of the Evidence indicates that if certain protective fea-
entity actually employing firefighting person- tures were incorporated, the lives and property of
nel. occupants would be better protected and local
public safety services would be better able to cope
2. If any state or federal attempts are made to with emergencies at the present level of service
upgrade the quality, skills, and ability of without adding to the general property tax burden.
firefighting personnel in Minnesota, they
should be effectuated by increased financial The League recommends that the uniform state
assistance to provide improved programs, or by building code be amended to permit any city to
direct employment of specialized personnel at enact an optional fire suppression system as
the state or federal level with such personnel specified in the code. Additionally, the legislature
made available to assist local units of govern- should allow cities to require the installment of
ment. masonry fire walls between buildings in the down-
town business district or other high risk areas as an
PHS-4. Fire Codes (B) alternative to adopting the more stringent fire code
in the state building code.
One of the more rapidly evolving legal arenas
has been the extent to which the public, via state PHS-5. Updating of Building and Fire Codes (B)
or local governments, is responsible for the safety
of buildings through inspections and code enforce- In order to have the most recent standards
ment. There seems to be general agreement that available In Minnesota, the legislature should
state government should be responsible for en- require the review and adoption of the periodic
forcement of the uniform fire code, which applies revisions of the nationally recognized Uniform
to existing buildings and large facilities which are Building Code and Uniform Fire Code.
open to the public, whether they are located in
cities, counties, or townships. PHS-6. Building and Energy Codes (B)
The League supports legislation which would A uniform, statewide building and energy code
clarify the responsibility of the state to inspect should be adopted by the legislature only if the
facilities open to the public such as schools, hotels, following optional enforcement methods are
lodging houses, hospitals, nursing homes, dry included:
cleaners, and motion picture theaters provided that
the state is clearly responsible for enforcement and 1. Local option (city,county,or town) inspection
inspection, whether or not it contracts with local and enforcement, except that the code should
units of government to perform the actual inspec- remain mandatory in the Twin Cities metro-
tion. The legislature should permit cities to enact a politan area.
more stringent fire safety code for these facilities
provided in the building code as well as for other 2. State fee inspectors may be used for inspection
buildings, but the enforcement of these more in areas outside of communities with local
stringent standards should be the community's enforcement.
responsibility.
3. All architects and engineers who design any
When a city does not enact more stringent fire structure must certify that the structure as
safety codes, the state should be responsible for designed complies with the state building and
inspection and enforcement of the fire code, on a energy codes.
- 2 -
4. Any city should be allowed to adopt more PHS-9. Work Restitution Programs (B)
restrictive building standards than the state
building code in order to protect public health The League urges the various court systems,
and safety. city officials, and the legislature to encourage and
make possible community work restitution pro-
The League recommends that a legislative grams. This may require making available funding
commission on building and energy standards be methods through grants and special levies. Legisla-
established to review the state building and energy tion should be passed clarifying that for purposes
codes with the objective of reviewing the rewriting of civil liability and workers' compensation, the
of these standards to assure compliance with individual participating in the work restitution
federal energy requirements and
totl remove
related those
program
making the employee
of the county or municipal
parts of the standards not Y
energy conservation and the public's health, PHS-10. Emergency Medical Services (B)
welfare, and safety.
PHS-7. Physically Disabled Provisions of the Cities as a group are the single largest provider
State Building Code (B) of ambulance services in the state and form a vital
part of the network of emergency services. To
The enforcement of the physically disabled maintain and improve the emergency services
provisions of the state building code which are network, the League suggests the following guide-
mandatory statewide for new buildings should be lines:
as follows: Any new building to which these
provisions apply should be designed to conform to 1. The current statutory requirements for am-
nd attendants'
these provisions by an architect, engineer, or bulance vehicles, equipment, a
contractor. If the city, or county if the new training should remain in the statutes as
building is outside a city, does not have a building minimum requirements. Appropriate amend-
official, the architect, engineer, or contractor shall ments, however, should allow quick re-
also inspect the building to certify to the city, or sponse vehicles to respond to emergency
county if located outside a city, that the new situations.
building has been constructed in compliance with
these provisions. This certification must be com- 2. With increasing interest in paramedic services,
pleted before any city or county shall issue a the League supports the provision of easily
certificate of occupancy for the building or before accessible training on a statewide basis at
the inspection process is completed if no certificate minimum cost in order to meet appropriate
of occupancy is required. Another option would qualifications.
be for the state fire marshal to enforce these
provisions in jurisdictions not having a building 3. While the League supports the continuing
development of a systems approach to emer-
official.
gency medical services, we believe that local
PHS-8. Youth Services Bureau (B) governments should be closely involved in their
planning and implementation. The League
A youth service bureau attempts, through recognizes the need for qualified, trained
counseling, to avert establishment of a pattern of individuals in emergency medical service and in
youth law breaking. Youth are referred by police, support of this recognized need, recommends
school, and court. By utilizing the youth service that both initial and on-going training be
bureau, a youth and his family are helped to find made available through an in-service process
and correct the cause of a behavior problem. which will meet appropriate qualifications.
State grants and aids should be available to
The League recommends that the legislature enable all cities to have access to adequate
encourage local governments to sponsor youth emergency medical service.
service bureau type activities as a help and buffer
to the court system and a preventive for habitual 4. Alternative transportation strategies for non-
youth offense by providing local units the ability emergency medical transportation which are
to fund these programs through the local property less costly than full ambulance services should
tax levy by use of a special levy. be developed.
-3 -
PHS-11. One Class of Beer (B) supervisory or confidential employees be
represented by an employee organization
The League opposes the establishment of one which represents the employees they supervise.
class of beer in this state because substantial The term "supervisory" should be as presently
problems will arise in control of the sale of this defined under PELRA for non-essential em-
beverage in filling stations, grocery stores, drug ployee supervisors. The definition of super-
stores, and elsewhere where 3.2 beer is presently visory employees should not be further limited.
sold. Also 3.2 on-sale establishments would be To do so would essentially provide that in all
selling strong beer in competition with on-sale but city manager cities, no employees could be
liquor establishments and municipal liquor stores. considered to be supervisory employees for
The League opposes the off-sale of wine in other purposes of the Public Employment Labor
than liquor stores. Relations Act.
PHS-12. Uniform Colors (C) 5. Right to Strike. The existing classification of
essential employees should be eliminated and
No advantage of nor need for additional state all employees organized under PELRA given
laws which dictate the color or design of uniforms, the right to strike. Within the limited right to
automobiles, or other equipment used by local strike, the public employer would have the
police agencies has been demonstrated. These option of either requesting arbitration within
would be inconsistent with local autonomy and a specific time or allowing employees to legally
home rule and may involve additional costs to local strike.
government. Therefore, the League opposes any
additional state law as to color of uniforms, police 6. Arbitration. Issue by issue final best offer
cars, and other non-performance related equipment interest arbitration should be the method for
standards. resolving all disputes which go to interest
arbitration.
PERSONNEL,PENSIONS AND LABOR
RELATIONS 7. Part-time employees. The 1983 legislature
reduced the requirements for part-time em-
PPLR-1. Minnesota Public Employee Labor ployee eligibility for union membership from
Relations Act (A) 100 days to 67 days. This change has resulted
in significantly increased costs to government
1. Picket Lines. No city employee should be employers. The legislature should reinstate the
permitted to refuse to cross the picket lines of previous definition of 100 days.
other city employees.
PPLR-2. PERA Benefits, Financing,and
2. Disciplinary Action. Employees presently have Administration (A)
a variety of grievance procedures available to
them, including civil service systems, veterans' The following principles should govern any
preference. changes the legislature makes in PERA and the
other statewide pension plans.
Employees covered by a PELRA agreement
should be able to specify which procedure 1. The adoption in 1973 of the "high five year"
should be used by them or specify a different benefit formula for PERA has provided very
procedure in the agreement, thus precluding an adequate pension benefits for career municipal
employee from invoking two procedures employees. Further shorting of the averaging
for grievance. period would create windfalls for some PERA
members and multiply opportunities for
3. Impasse Resolution. The statutory mediation manipulation of service and salaries to maxi-
period should run from the first mediation mize pension benefits without proportional
session. contribution to the fund. Therefore the
League opposes modification of the "high five"
4. Supervisors and Confidential Employees with formula.
Public Collective Bargaining. Supervisors of
public employees should have their manage- 2. Any increases in PERA benefits should be
ment role acknowledged and have their status granted only to the extent that proposed
limited to meet and confer. In no event should contributions and current reserves are suf-
-4 -
ficient to fully fund the increases in the opin- those experienced by the federal government in
ion of one or more recognized pension actuar- its pension programs, the League opposes
ies who are independent of the PERA organiza- payment of health care costs for retirees from
tion. Any increases in PERA general fund the PERA fund.
benefits enacted subsequent to 1973, including
any resulting deficits, should be financed by 5. Since the equal, matching employee and
matching contributions, shared equally by employer contributions to the Coordinated
employees and public employers, over a period Plan within PERA are sufficient to finance the
not to exceed 30 years. Any increases in present benefits and liquidate the existing
benefits under the PERA Police and Fire Fund, deficit in less than 30 years, the employer's
including any resulting deficits, should be additional 1'/2 percent of salary contributions
financed 50 percent by employers and 50 should be abolished. All of the employer's
percent by employees, over the same amortiza- additional contributions of 2'/z percent of
tion period. Any benefit increase or contribu- salary for the basic plan should be specifical'✓
tion reductions permitted by excess reserves or and exclusively earmarked for the reduction of
excessive current contributions or combina- the actuarial deficit in the PERA basic plan and
tions of the two should be of such amounts as not for benefit improvement. Any reductions
to benefit the employer and employee equally in employer contributions do not constitute a
as a percentage of overall employee salary. reason to reduce local government aid, since
reductions in employer contributions will allow
3. Devices to promote early retirement, like the local units to reduce property taxes, a prime
proposed rule of 85 (75 for police) are a very objective of the legislature for over more than a
blunt instrument for cutting budgets or weed- decade.
ing out dead wood. To the extent that they
6. If any increase in benefits is enacted for PERA
encourage basic plan members to retire, they
retirees, the resulting cost should not be paid
arguably benefit the PERA fund by freezing
the deficit. However, replacement of basic from the PERA Fund, but rather should
be financed by a direct appropriation from the
plan members with coordinated members at
the same salary levels will increase employer State General Fund.
retirement contribution costs because contribu-
tions to social security and the coordinated 7. The actuarial assumptions concerning the rate
plan of PERA substantially exceed required of investment earnings and of salary increases
employer contributions to the PERA basic plan should be a conservative reflection of actual
for most employees. This differential is an experience.
immediate cost to the taxpayers. For these
reasons and because increasing life spans should 8. The League supports the continuation of the
lead to an increase in years of employability, Minnesota Post Retirement Investment Fund as
the League opposes the rule of 85 (75 for a means of providing post-retirement increases
police) and other proposals to encourage earlier in the pension benefits of retirees under the
retirement by public employees. statewide pension funds. The League supports
state funding of any fund deficits from general
4. Among all the proposals for benefit increases, funds or amortization of the deficits by credit-
the one that most threatens the financial ing a reasonable portion of excess earnings over
soundness of PERA and other Minnesota statutory assumptions to retire deficits and
public pension funds is the proposal to provide payment of the remainder of excess earnings to
health insurance to retirees paid from the retirees as a cost-of-living adjustment without
pension fund. Full payment would commit the establishment of any guaranteed adjustment.
taxpayers to an open ended promise to pay a
cost that is escalating at the rate of 15 percent 9. Since integration of pension fund combining
ste
to 20 percent per year even in low inflation tion mechanisms may lead to combbining thhe
years. Partial payment would provide a foot- funds, the League opposes any move to com-
in-the-door for full payment. Either would bine administration of the three statewide
hamper efforts to control health care costs by pension programs.
making the recipient responsible for a signifi-
cant portion of charges to encourage thrifty 10.The League supports in concept a change in the
use. means of providing pensions for new and
present Minnesota public employees from the
In order to avoid recurring problems similar to present defined benefit type plans to a single
-5 -
defined contribution plan. However, the contributed and therefore, the contributions
League will oppose any such legislation which should not be subject to either state or federal
does not contain both: income taxation, but should be excluded from the
employees' gross income. Rather, it may be
a clear commitment by the state to fund any argued that the contributions should not be taxed
deficit created in presently existing defined until the benefits are actually received. This
benefit plans resulting from the termination of position would be consistent with the way in
the entry of new members;and a which the municipal contributions to the em-
ployees' pensions are taxed.
municipal contribution rate that is as low or
lower than employer contribution rates to PPLR-4. Unemployment Compensation (A)
existing plans.
In 1976, unemployment compensation laws
11. The PERA police and fire fund is now es- were substantially improved by the elimination of
sentially fully funded. Furthermore, the eligibility for those individuals who voluntarily
employer (taxpayers) through payment of quit or are dismissed for cause. However, requali-
more than 50 percent of contributions to this fication is provided once the claimant has earned
fund is creating a surplus not needed for four times the weekly benefit for which he would
pension purposes. Therefore, the legislature otherwise be eligible. This requalification is too
should amend the present provision on dis- low and should be substantially increased.
bursement of the two percent tax on auto-
mobile casualty insurance to allow expendi- In addition, the League believes that indivi-
tures by the recipient political subdivision duals who knowingly accept temporary employ-
of any excess over the employer's share, of ment of specific limited durations not exceeding
police retirement costs for any police depart- one year and whose employment is thus ended,
ment purpose instead of requiring payment to should be deemed to have voluntarily ended their
the PERA Police and Fire Fund. Since the employment and thus should be disqualified for
PERA Police and Fire Fund has now essentially certain benefits. The employer's involved should
achieved full funding, employers' and em- not be saddled with unemployment compensation
ployees' contributions should be reduced to an costs for individuals who accept and perhaps even
amount sufficient to pay normal costs on an plan for the termination of such employment. The
equal share basis. League recommends that the law be appropriately
amended. Also,students,temporarily employed as
12. The size of the PERA board should not be interns, should not be eligible for unemployment
increased. However, in view of employer compensation. Finally, the statutes should be
contributions rates in excess of employee amended to relieve part-time employers who
contribution rates, employer organizations continue employment of an individual from any
should be empowered to select a majority of responsibility to contribute to unemployment
the board members. compensation due to termination from other
PPLR-3. State Taxation of PERA employment.
Contributions (A) PPLR-5. Financing Fringe Benefits to
Retirees (A)
Recently, the Internal Revenue Service ruled
that employee contributions to PERA and similar just as political subdivisions are required to
public pension systems are not subject to federal plan for such pension funding in the year in which
income tax contribution during the year in which it is earned, any political subdivisions and metro-
they are contributed to the system, but rather politan and regional agencies providing health
are taxable in the year in which the employee insurance or other benefits or protections to their
actually receives the benefit. To our knowledge, employees, which extend beyond the termi-
no similar ruling or litigation is pending regarding nation of employment other than those re-
the applicability of the state income tax. quired by state law, should be required to
deposit in the year the benefit is promised,
It may be argued that the individual employee sufficient funds in a trust account to cover all
does not have the use of the contributions which projected costs unless specifically exempted by
he makes to PERA in the year in which they are state statute.
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PPLR-6. Comparable Worth (A) recognizes that the concept of home rule imposes a
responsibility on each city to evaluate the feasibi-
Draft policy to be made available prior to lity of alternative approaches for the delivery of
Legislative Conference. Proposed policy is cur- public services to assure the delivery of an ade-
rently under review by Comparable Worth Sub- quate level of public service while utilizing the
committee established by LMC Legislative Com- most cost-effective delivery alternative. Therefore,
mittee and appointed by LMC President on the League urges the legislature to reject proposed
January 18. legislation that would unnecessarily limit the
ability of local government to manage its affairs in
PPLR-7. Relief Association Member Lobbying (B) the most cost-effective manner and deprive duly
elected local officials the option of exercising their
Recent legislation grants local relief associa- judgement in determining the best course of action
tions unlimited powers to send police and fire based upon prevailing local conditions. The
officers who are members of local relief associa- League supports legislation which requires that the
tions to lobby and otherwise represent the interest governing body of each city adopt a policy and
of the association at city expense and at times program which will assure frequent review and
determined by the association. These powers evaluation of the method of delivery of its public
interfere with traditional functions of governing services. Such policy and program should provide:
bodies and department heads and managers to
schedule duty, determine manning levels, and set 1) That, if the use of day labor is to be considered
budgets. The League supports legislation which for any construction or reconstruction project
would permit relief association paid lobbying to which has an estimated total cost exceeding
one regularly assigned member to be released for $100,000, a feasibility report shall be prepared
the purpose of lobbying. The lobbying costs by the city engineer or some other responsible
would be financed entirely from the general fund person.
of each association.
2) That the feasibility report shall evaluate
PPLR-8. Veterans Preference (B) alternative approaches for the delivery of the
specified project, including the contract-
In 1975, the legislature adopted a uniform for-service alternative.
veterans' preference law for state and local govern-
ment which modified preference in employment 3) That the basic areas of criteria for evaluating
and promotion; in 1977,the legislature terminated the alternative approaches shall include, but
veterans' preference for persons who enter military not be limited to the following:
service after 1976. The League supports these
modifications and believes that these provisions a. Total cost, including administrative and
should not be amended further. Veterans should supervisory costs.
continue to be protected against unjust dismissals,
but when a veteran's employment is terminated, b. Service -levels, quality and effectiveness.
and he or she does not request a hearing within ten
days or when an impartial hearing body determines C. Responsiveness to citizens and con-
that the dismissal was for just cause,the law should sistency of that response.
not require that the veteran receive compensation
for any period when services were not actually d. Impact on other services and improve-
performed. Further, the law should make it clear ments.
that the petition procedure is an alternative to
local administrative hearings. e. Reliability of delivery.
PPLR-9. Day Labor (B) 4) That, in addition, the evaluation of alternative
approaches should include analysis of the
The League supports the concept of home rule following:
for cities and opposes the adoption of any legisla-
tive mandate which would impose unnecessary and a. Personnel issues.
unduly restrictive laws relating to the use of
day labor by amendment of the Uniform Municipal b. Availability of providers (competi-
Contracting Law. However, the League also tion).
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C. Administrative control. PPLR-11. Government Training Service
Funding (B)
d. Capital investment requirements.
The Government Training Service (GTS)
5) That, upon receipt of the feasibility report, the has been invaluable in maximizing training op-
governing body will make such report available portunities while minimizing training costs for
for public review and comment;and local government officials and staff over the past
six years. Both the need and the demand for
6) That, following receipt and consideration of services are greater than ever during these times of
the feasibility report in providing an opportun- tight budgets. GTS continues to respond on behalf
ity for public review and comment, the govern- of all local jurisdictions in Minnesota by developing
ing body for the municipality shall select the innovative, low-cost alternatives and exploring
delivery alternative which, in its judgment, cost-effective delivery systems. The legislature
provides the proper level of service in a cost- should continue state financial support for GTS.
effective way.
PPLR-12. Workers'Compensation (B)
PPLR-10. Formal Civil Service Systems (B)
Statutory requirements for workers'compensa-
Constraints imposed by the police and fire civil tion coverage by city licensees.
service laws tend to hinder the effectiveness of
personnel management and limit home rule charter Existing workers' compensation statutes create
options in cities with civil service commissions. a presumption that heart and lung ailments of
Experience indicates that the present methods of police and fire personnel arise from employment.
modifying these systems have not proved work- Improved equipment and methods of fire fighting
able. and law enforcement and increased statistical
data as to personal risk factors affirm that pre-
The League supports enactment of an optional sumption no longer reflects reality or serves a
comprehensive municipal civil service act for both public purpose. Thus, the presumption should be
home rule charter and statutory cities, other than eliminated.
cities of the first class, that provides for either a
personnel board or an advisory and appeals com- PPLR-13. Disability Retirement (A)
mission.
Rising costs of disability retirements pose a
If a city already has a personnel board, this threat to the financial soundness of most
board would continue until superseded by an Minnesota public pension plans. The following
advisory and appeals commission, rule of the changes are needed to minimize the financial
council, or terminated by majority vote of the impact of legitimate disabilities. Furthermore,
electorate. The council would be able to exclude abuses of disability retirement provisions in public
individuals, class position, or entire departments pension plans have, in the past, caused serious
from the civil service classification. Adoption of waste of human resources and scarce public funds.
the service would be by enacting ordinance,subject In view of the current laws forbidding discrimina-
to amendment by majority vote of the council. tion against handicapped persons who are not
disabled from gainful employment, the League
The League recommends that the authority to recommends:
grade and classify positions or keep personnel
records be removed from the authority of the civil 1. Public retirement funds should not be charged
service board or commission; that appointment or the costs resulting from disabling conditions
promotion in the classified service be by a fair, that a pre-employment history or physical
impartial process designed to test qualifications demonstrates existed on or prior to the date of
and fitness for duties of a position; that dismissal public employment.
or suspension be for just cause and be subject to
appropriate due process considerations. 2. Needs to balance employment roles for minori-
ties and women in unfilled positions should not
When a city enters into an agreement under the override programs to transfer present em-
public employment labor relations act with a group ployees from jobs and departments for which
of employees, the civil service law should no longer they are presently disabled to jobs and depart-
apply to the employees covered by the agreement. ments for which they still qualify.
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3. Statutes governing local public safety pension to a proportionate distribution of local relief
plans should be amended to provide to the association assets to permit a roll over into an
cities with such plans a substantial voice on the independent retirement account.
governing board of the plans. Further, a
uniform statutory procedure and method of PPLR-15. Employee Bonuses (C)
determining percentages of disability should be
established to determine the percentage of To promote productivity and to obviate legal
presently provided disability payments which questions about award dinners and other recogni-
should be provided to local public safety fund tion activities, the statutes should specifically
members with physical or mental conditions authorize cities to pay employee bonuses or awards
which permanently disquality them from of up to $500 per employee in any year.
public safety employment but which do not
disable them from all other gainful employ- PPLR-16. Volunteer Ambulance Retirement
ment. Systems (C)
4. Public pension plans in which city employees Proposals to integrate ambulance and rescue
participate should be required to use a uniform volunteers not part of local volunteer fire depart-
definition of disability which limits full or ments into the program for retirement for volun-
100 percent retirement to those whose medical teer firefighters have met rejection from organiza-
conditions disable them from engaging in any tions of volunteer firefighters. Creation of another
substantial gainful activity over a substantial system of local relief is not in the best interest of
period. Unreasonable service limits tests the state, its political subdivisions, or its taxpayers,
should not be imposed and no employee especially in view of recent federal tax legislation
should be required to have more than five years which now provides an efficient, simple, and
of service under the applicable plan in order to inexpensive means of providing retirement benefits
qualify for disability retirement. Workers' to ambulance and other volunteers. Therefore, the
compensation entitlements should be deducted League opposes any legislation authorizing creation
from any disability pensions. Disability of volunteer ambulance relief associations.
benefits from all sources other than privately
financed disability insurance, as well as a PPLR-17. Temporary Military Service (C)
portion of employment earnings, should be an
offset against city disability pension payments When an employee is temporarily absent
to the extent that these combined payments because of short-term military service, the League
approach after-tax salary for the former proposes that the public employer pay only the
position. difference, when the military pay is less than
public pay. Furthermore, pension and other
PPLR-14. Volunteer Firefighters' Double rights should be protected. This pay differential
Dipping (C) shall apply for a period of 15 calendar days.
Firefighters who serve in a supervisory fire- When an employee is ordered to report for
fighter position and receive a salary in excess of duty for a period longer than 15 calendar days per
$20,000 per year for which they are expected to year, no additional seniority status, efficiency
respond beyond normal duty shifts are not volun- rating, vacation, sick leave, or other benefits
teers. Neither are full-time firefighters who on shall accrue during the period of active duty.
off-duty emergency fire calls for the same em- Unless there exists, at the time of an order to
ployer receive time and one-half their regular wages report for duty, a war or declared emergency, the
and coverage in the PERA Police and Fire Fund employee shall not be entitled to a leave of absence
for such emergency calls. Such nonvolunteer without pay and the employee's public employ-
firefighters who have a pension provided in the ment shall be considered terminated.
PERA police and fire fund should not also be
eligible for participation in local volunteer relief GOVERNMENT STRUCTURE
associations.
GS-1. Open Meetings (A)
Such nonvolunteers who have no pension
vested in, but are currently members of, a local City officials strongly support the basic pre-
volunteer fire relief association should be entitled mise of the open meeting law--to assure the public's
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right to be informed about the conduct of public considering the current economy and should be
business. reduced.
Experience with this law since 1974, however, GS-3. Updating and Redefinition of
indicates clearly that there are areas where the Statutory Duties of City Clerks and
legislation should make it more specific or should Treasurers (A)
amend the law in the public interest. The League
believes that there are certain specific instances Duties of clerks and treasurers in statutory
where the public interest would be better served by cities are specifically prescribed by state law and
permitting a local governing body to meet in include both administrative and financial responsi-
executive or closed session. These instances bilities. The offices can be separate and held by
include certain discussions relating to employees two individuals or combined and held by one
such as "hiring" interviews, discussions regarding individual. If the offices are separate, each office is
the purchase or sale of land for a public purpose, required to keep an "account book" of all money
and discussions of information protected under the transactions of a city. The clerk, not the treasurer,
Data Practices Act. Additionally, the League acts as the bookkeeper for the city and performs
opposes any legislative attempt to alter the recent the other administrative duties of city clerk. The
court ruling that the open meeting law applies only treasurer receives and disburses funds.
to meetings where a quorum of the body and its
established committees is present. The ruling If the offices are combined, with one person
clarifies the present restrictive interpretation and is holding the title clerk-treasurer, that person is
based on a common sense approach to imple- responsible for all the duties of both offices. In
menting the statute. this case, only one set of "account books" is
necessary, provided the city conducts an annual
GS-2. Publication Requirements (A) independent audit.
Legislation has been proposed which signifi- These provisions work well in small statutory
cantly modifies existing publishing requirements cities. However, in larger statutory cities today,
and rates paid by local units of government. The the activities have changed and increased, making it
legislation does provide for the elimination of some difficult for one person to effectively function as
unnecessary or redundant publications, but also both clerk and treasurer. A higher degree of
provides for all cities to publish summaries of their specialization in the different areas is required and
council minutes and an annual budget statement. a "city administrator" generally coordinates the
The bill further creates a cause of action for willful activities. If the offices of clerk and treasurer are
failure to provide statutorily required legal notice split to achieve effectiveness, an impractical dual
of publication and provides for recovery of costs record-keeping system is required unless the city
and attorney fees. Publication line rates are operates under the Optional Plan B (city manager)
increased ten percent each year for 1984 and 1985 form of government.
and five percent for 1986. Thereafter, they
become negotiable. The legislation also reduces Most financial accounting and "bookkeeping"
some of the requirements which a paper needs to is now computerized and handled under the
meet before it can be selected as a legal newspaper supervision of a finance director or officer who
by a unit of government. really performs the treasurer's duties. The other
administrative duties (i.e. keeping council minutes,
The League supports the effort to reduce ordinances, signing documents, conducting elec-
unnecessary multiple publications but opposes tions, issuing licenses) are separate activities from
mandatory publication of council minute sum- the financial accounting duties. Therefore, the
maries or annual budgets beyond that currently League urges the legislature to remove from the
provided by local charter or ordinance. These clerk's duties the responsibility of maintaining an
documents are currently available to the public and account book and other financial records in which
increased tax dollar expenditures for added publi- all money transactions of the city must be entered
cation is unnecessary. Current law provides if the council resolves to delete that responsibility.
adequate remedy for failure to provide legal If the council deletes this responsibility of the
notices or publications, therefore this provision is clerk, it either must appoint another city officer
not necessary and is opposed by the League. to keep a duplicate set of account books, or
Finally, the rate increases as proposed are excessive provide for an annual audit of the city's financial
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affairs by the state auditor or a public accountant GS-8. Tort Liability (B)
in accordance with minimum procedures pre-
scribed by the state auditor. The Municipal Tort Liability Act was enacted
to protect the public treasury while giving the
GS-4. Personal Bonds (A) citizen relief from the arbitrary, confusing, and
administratively expensive prior doctrine of
Existing law specifically authorizes charter sovereign immunity with its inconsistent and
cities to use a blanket bond to cover any employee irrational distinctions between governmental and
or officer who is required to be bonded. Since proprietary activities. The act has served that
there seems to be no obvious reason for treating purpose well in the past. However, increasingly,
statutory and charter cities differently in this the courts forget or ignore the positive benefits
respect, the League recommends that the statutory secured to citizens damaged by public servants as a
city code be amended to clarify that statutory result of enactment of the comprehensive act
cities as well as charter cities may use a blanket which includes some limitations on liability and
bond to cover any officers or employees who are some qualifications of normal tort claims pro-
required to be bonded. cedure.
GS-5. Validating Absentee Ballots (A) Recent court decisions have increasingly
eroded the concept of a special act qualifying the
Current law requires at least two election tort liability of local government. However, the
judges to initial each absentee ballot before it is special vulnerability of far-flung government
deposited in the ballot box. In the interest of operations to debilitating tort suits continues to
speeding up the counting on election day, while require existence of a tort claims act applicable to
still providing that only valid absentee ballots are local governments or local governments and the
cast, the League supports having the county state.
auditor or municipal clerk affix the official seal to
ballots at the time of their delivery to the voters. During the 1983 legislative session, tort lia-
bility, limits for local governments were increased
GS-6. Publication of Small Cities from $100,000/$300,000 to $200,000/$600,000
Financial Statements (A) as of Aug. 1, 1984. Limits for Hazardous Waste
disposal claims are $300,000/$600,000 and will be
Large cities are permitted to publish summaries $400,000/$1,200,000 effective Aug. 1, 1984.
of their annual financial reports. Small cities,
under 2500 population, should also be permitted These actions were League supported and
to do this. establish limits adequate to satisfy any reasonable
claim. Therefore, the League strongly urges that
GS-7. Mandates (B) the Municipal Tort Liability Act be continued and
that, in the event that the legislature determines to
One of the most serious problems facing cities make further changes in the existing law, those
is the growth in the number and cost of federal and changes should only be in the direction of making
state-mandated programs which substitute the the local government tort liability statute more
judgments of Congress and the State Legislature similar to the state government tort liability law.
for local budget priorities.
GS-9. State Licensing of Contractors (B)
Special bills to address this problem on an ad
hoc basis will not provide a permanent or statewide Many cities now license those contractors who
solution to these problems. The League therefore do business within their communities. This pro-
supports legislation that would require the state tects those citizens who use their services because
to adopt a policy of deliberate restraint on its if there are complaints, they may be directed to a
mandated programs, including a mandatory fiscal local license bureau rather than to some state
note identifying local government costs on any agency. If a state system for licensing contractors
new mandated programs when they are introduced is established, this would eliminate any local
in the legislature and a statement of compelling control over contractors and may reduce the
statewide interest to accompany all state mandates. number of small contractors who operate in only a
Also, the legislature should repeal obsolete, un- few communities. Statewide, uniform wages
necessary, and unduly restrictive mandatory laws for employees may also be imposed if a state
and rules. licensing system is established. If cities are re-
- 11 -
quired to enforce state licensing requirements, units of local government at least once every
costs and liability may be created over which the four years. However, the auditor should
city has little control. continue to exercise the already existing power
to audit a city upon receipt of a petition. The
For these reasons, the League opposes any auditor's authority to require the resubmission
system of state licensing of contractors. of a financial report when financial reporting
standards are not met, should be clarified if
GS-10. Cable Television (B) necessary.
Many Minnesota cities receive cable TV service, 2. The present requirement of an audit of all
and under present state and federal law, cities are cities with a population over 2,500 should not
responsible for setting rates, establishing a fran- be applied to smaller cities. Likewise, the state
chise, and imposing franchise fees. The League auditor should not be given the authority to
believes this law has allowed local communities to require cities under 2,500 to follow more
provide input into an important community service rigorous accounting requirements than present-
and that it should not be modified to diminish ly exist.
local control.
3. Review of a portion of the financial reports
The State Cable Communications Board submitted by cities should be done annually by
has provided valuable aid and expertise to cities in members of the accounting profession who
establishing and regulating cable TV. The League volunteer their time for this peer review. The
recommends that the legislature continue to fund state auditor's staff should not be enlarged to
the board at an appropriate level. perform this function unless a peer review
system is tried first and found to be unsuccess-
GS-11. State Audits and City Financial ful.
Reporting Requirements (B)
4. The state auditor has the power to establish
There is a need to make sure that all annual uniform standards for the selection by cities of
city financial reports are complete, understandable, audit organizations, and these standards
and meet the state auditor's requirements. Under should be developed,along with a uniform city
the existing law, the financial reports of cities over contract for city audits. A completed contract
2,500 must meet strict standards, incorporate could be required before an annual audited
generally accepted accounting procedures, and be financial report could be accepted.
audited annually. The financial reports of cities
under 2,500 now meet more flexible state auditor's S. Any new state auditor's standards for financial
standards but need not be audited except under reporting and auditing should not include
circumstances provided in state law. Because standards for financial management. Instead,
Minnesota has one of the most modern and rigor- the state auditor and the Government Training
ous systems of oversight of municipal finances, the Service should develop a series of financial
existing powers of the state auditor are adequate to management training sessions for cities of all
maintain the high degree of efficiency, propriety, sizes.
performance, and accountability presently required
of cities. It is not necessary to give any new GS-12. Uniform Information Practices (B)
powers concerning the auditing and financial
reports of cities to the state auditor; however, the Under existing state law, it is necessary that the
legislature may wish to clarify these powers as they legislature classify city data, the release of which
relate to cities and other units of local government. would adversely affect the public interest, the
health, welfare, or reputation of the data subject,
The League would endorse only the following or which would render unworkable a program
clarifications of the power of the state auditor at authorized by law. As an alternative to this very
this time, however its Board of Directors may specific method of classifying individual elements
make recommendations on other issues as they of data, the League recommends that the legisla-
arise. ture adopt the approach taken by the Uniform
Practices Act, as developed by the National Con-
t. The state auditor should not be given the ference of Commissioners on Uniform State Laws,
power to audit each of the over four thousand and as modified to meet the needs of cities in
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Minnesota. This approach will result in less ad- 1. Election day registration and voting should be
ministrative burden on cities than the existing law, permitted, but not mandated, to take place in
as well as provide more flexibility in the release of adjacent rooms.
information.
2. Certain penalties for election day infractions
GS-13. Uniform Local Government Election are so severe that they constitute a barrier to
Day (B) effective enforcement of the law. The League
recommends that the laws be reviewed and
Minnesota has encouraged decision making at modified where necessary so that the laws can
the local level of government by providing flexi- be effectively enforced.
bility in approaches to the diverse needs of cities.
Under the Constitution, any city may adopt 3. State law should be uniformly enforced
a home rule charter which, except for matters of throughout the state.
overriding state interest, removes that city from
legislative control. The statutory city code pro- 4. Any future state-mandated election or registra-
vides optional forms of government for all other tion programs should be accompanied by
cities to take into account individual differences. sufficient state funds to pay local costs on a
The dates of city elections are set at any time by a continuing basis.
home rule charter city or in November in odd or
even years for statutory cities. The League strong- 5. A person other than an election official vouch-
ly believes that decisions affecting only local units ing for others should be limited to five other
of government should be made at the local level persons other than immediate family.
unless an overriding state interest can be demon-
strated. For this reason, the League remains 6. The Secretary of State should be encouraged to
opposed in principle to any uniform local govern- promote pre-election day registration through
ment election day that precludes the present the media and all other available means.
options.
7. When an official postal notification has been
If the legislature determines that a uniform returned several times most likely the person
local government election day is justifiable, the does not live at that address. Removing the
following features should be considered. voter registration at this time (rather than to
continue to send out notices for four years)
1. Home rule charter cities should retain the would save time and money and increase the
option of setting their own election date. percentage of voter turnout for elections by
the elimination of these challenged or moved
2. A municipal primary election should be option- registrants.
al as it is presently.
The League supports legislation allowing the
3. All direct costs of state-mandated changes and removal of a registration card after the city twice
additions to present city election duties should receives official postal notification that the notice
be paid by the state. of registration is undeliverable at the individual's
last known address.
GS-14. Election Day Registration (B)
GS-15. Campaign Financing and
The principal purpose of the Minnesota system Disclosure (B)
of election day registration is to improve and
increase eligible voter access to voting. Unfor- Campaigns and elections to local office are the
tunately, the system has become more unworkable most important single contact between voters and
especially in the larger and faster growing cities, representative local government. On the whole,
where individuals are not using the pre-election day the general public has more confidence in the
registration and where there are a growing number election process at the city level because the
of multiple registrations adding to the costs of candidates are usually well known (especially in
elections and to the frustrations of the voters. For smaller cities) and campaign activities are more
these reasons, the League encourages registration visible than at other levels of government. More-
to take place before election day. The following over, city candidates running for offices which
steps, however, would improve the current system. are, for the most part, low paid, part time, and
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nonpartisan, are generally motivated by a sense of 3. Allowing a government entity to charge a fee in
civic responsibility. addition to the costs of copying if the data has
commercial value and is developed with a
The League perceives no need for new laws in significant expenditure of public funds by the
the area of local campaigns, although it could government agency.
support legislation which would simplify the
election process or would encourage rather than GS-17. Purchasing and Contracting Issues (B)
discourage qualified candidates for local office.
1. The League does not believe that an extensive
The League supports the following: and comprehensive revision of the laws regulat-
ing cities' purchasing and contracting, such as
1. Extending income tax credits for contributions would result from adoption of the American
to city election campaigns; Bar Associations Model Procurement Code, is
needed at this time. Amendments to existing
2. Giving cities over 20,000 the authority to enact law should be made only to address specific,
campaign disclosure ordinances for organiza- demonstrated problems with the bidding and
tions and individuals. Requiring reports in purchasing process. Any amendments should
cities over 20,000 of each contribution as recognize the differences which exist among
required in state statutes in other election jurisdictions of different types and sizes and
contests. should avoid requiring unnecessarily complex
procedures for purchasing and contracting.
3. Eliminating any distinction between types of
campaign committees in cities over 20,000. 2. Some cities have found it difficult or impos-
sible to get bids for materials which are in short
The League opposes the following: supply. Since this problem is likely to worsen
in the future, a mechanism should be created
1. A state-mandated requirement of candidates for making these purchases when competitive
for city office to file statements of economic bidding has failed.
interest because it is most likely to discourage
many qualified candidates from seeking or 3. Problems arise in attempting to purchase
continuing in office. certain types of items through competitive
bidding. Two examples are: 1) high techno-
2. Campaign contribution limits or reporting logy items such as electronic data processing
requirements in cities with less than 20,000 equipment, where it is difficult or impossible
population. These are made unnecessary to draw precise specifications which allow
because of conflict of interest rules governing true competition; and 2) employee health
the actions of elected officials in all cities. insurance, where it is impossible to precisely
compare the respective cost of insured and
GS-16. Data Practices (B) self-insured plans. Amore flexible competitive
proposal mechanism should be strictly limited
Though the League would support the repeal as to the types of purchases to which it would
of the Data Practices Act conditioned on the apply and should preserve the elements of
adoption of the Uniform Information Act, if the open, impartial competition which is the intent
legislature is unwilling to take this action, then of competitive bidding.
amendments to the Data Practices Act are neces-
sary to alleviate problems cities have been con- 4. The requirement of accepting the lowest
fronted with. These changes should include: responsible bid should be modified to permit
acceptance of either of the two lowest respon-
1. Extending the definition of individuals covered sible bids or of any bid within five percent of
by the act to include deceased individuals at the lowest responsible bid over $100,000 and
least for a reasonable period of time. 10 percent of the lowest responsible bid under
$100,000; provided that if a government body
2. Extending the classification of confidential accepts other than the lowest responsible bid,
data to include estimated or appraised values of it shall state its reasons for doing so, Ac-
parcels of property a local unit of government ceptable reasons include choosing a local
wishes to sell through public bidding or volun- contractor over an out-of-the-area contractor
tary sale. and differences in the bid due to the imposi-
- 14 -
tion on local contractors of local sales taxes or year of enactment, to the limitation set out in the
fees. act. The modification should be made so that
when statutes relating to other statutes are modi-
5. The purchasing authority of city managers in fied, the dollar limitations are adjusted in a uni-
Plan B cities should be increased from $1,000 form manner.
to correspond to the figures in the Uniform
Municipal Purchasing Act. GS-20. Voting Equipment (C)
6. The 1983 legislature modified the contract The League supports present law which allows
bidding law by increasing the thresholds from a city the option of selecting which state-approved
$10,000 to $15,000 for which it is necessary to equipment it determines will best suit its needs,
advertise for competitive sealed bids. The based on local factors, and opposes any state-
other thresholds for multiple quotes were also mandated system of voting equipment.
increased. However, a floor amendment
removed language from the smallest category The League supports amending state law to
that required two quotes `as far as practicable.' allow the use of punch card voting devices for
Thus, in theory, a city might be required to absentee ballots in health care facilities and mailed
obtain and file two quotes for purchases such absentee ballots.
as a light bulb, etc.
GS-21. Precinct Boundary Changes (C)
The League recommends that the legislature
reinstate the `as far as practicable' language to Experience with the need for reapportioning
the smallest contract category and, if neces- city wards and county commissioner districts after
sary, reduce that category to zero to $5,000 the 1980 census has shown that there are some
and change the second contract category barriers in the present law to achieving a desirable
requiring two or more competitive quotes to coordinated result. The problem arises because:
$5,000 to $15,000.
1. Current law requires counties to redistrict the
GS-18. Tax Credit for Municipal commissioner districts within 180 days after
Donations (B) receiving final census figures from the Secre-
tary of State.
To the extent that donations to municipalities
directly result in reduced taxation of local resi- 2. Cities, with some exceptions, are not permitted
dents, municipal donations or contributions serve a by law to change precinct boundaries during a
beneficial purpose beyond that generated by five-year period ending January 1, in a year
donations to other nonprofit or charitable organi- ending in two.
zations. To encourage donations to cities, the
League recommends that the legislature, in ad- 3. In redistricting, counties must follow city ward
dition to continuing to allow these donations to be and precinct lines, but these are the old boun-
deducted from an individual's or corporation's daries which, in many cases, will need to be
gross income, to also allow a 50 percent tax credit changed before the 1992 elections.
for any donation made to a city.
On the , basis of these factors, the League
GS-19. Adjusting Dollar Limits (C) recommends that the law relating to county
redistricting, be changed to require reapportion-
Inflation has had an effect upon cities beyond ment`within 60 days of the completion of legisla-
a mere exertion of upward thrust on budgets and tive redistricting and 120 days before the Septem-
expenditures. The legislature has quite consistent- ber state primary election date in even-numbered
ly included within authorizing and enabling legisla- years.
tion limitations expressed in dollars. These dollar
limitations become progressively more constricting GS-22. Collateral for Depositories (C)
with advancing inflation. Therefore, the League
recommends that certain of the more important Depositories now are required to collateralize
and often used authorizing statutes containing the deposits of local government in the amount of
dollar limitations be modified by application of a 110 percent. Local depositories now serve as a
constant dollar index figure, calculated from the valuable market for bond issues of local school
- 15 -
districts, counties, and cities. If the amount of GS-24. Improved City Code (C)
collateral required is reduced, this market will also
be reduced, making it more difficult to sell muni- Municipal laws have been enacted in a piece-
be
bonds. Also, if the collateral is purchased by meal fashion over the years, often to meet a special
a state agency on behalf of all depositories, the need to a particular class of cities with little regard
existing cooperative arrangement between local to the desirability of applying the law to other
depositories and local governments will be de- cities or meeting broader needs as well. As a result
stroyed, and local governments may deposit their of this gradual accretion of miscellaneous statutes,
funds in larger depositories located outside of the enactment of a city code and the repeal of
the community. Therefore, the League recom- many obsolete laws provided a more rational and
mends that the legislature keeps the collateral uniform set of laws for Minnesota cities.
requirements for depositories at their present levels
and opposes any reduction, and also opposes the To continue this ongoing project of developing
purchase of collateral by any agency other than a a more rational statutory code for cities and to
depository. provide more uniform statutory patterns for
related municipal laws, the League staff, in co-
GS-23. Home Rule (C) operation with the legislative research agencies and
other interested groups, will prepare legislation
Minnesota's constitutional home rule policy, revising and making into a consistent whole with as
while permitting home rule charter in some cir- broad applicability as possible and without con-
cumstances to depart from the provisions of troversial changes, the various statutes relating to
statutes that would otherwise be applicable, has certain subject areas most in need of such revision,
made charters subject to the provisions of state including the laws on city depositories, city sup-
laws when they express a policy intended to port for music and bands, municipal advertising
override local charters. In implementing that expenditures, local boards of health, and use of
policy, the legislature has often by a general law liquor store funds and municipal utility establish-
authorized one or more classes of home rule ment and operations. When any revisions have
charter cities to meet new problems for which been approved by the League Board of Directors,
existing charters listing city power in specific they become part of the League legislative pro-
detail provided inadequate authority. It has also, gram.
by general law and increasingly by special law,
removed charter restrictions or imposed restric- A study of existing laws indicates that, almost
tions where the local charter had none. Following without exception, laws confined to cities of the
the adoption of the 1958 local government amend- second, third, or fourth class might more appro-
ment to the Minnesota Constitution, the legislature priately have been broadened when adopted so as
has, on League recommendation, made it easier for to apply to all three classes. The League, there-
cities to adopt and amend charters and thus fore, recommends to the legislature that the
better able to meet local legislative needs at home. practice of confining legislation to any such class
be discontinued and that, except where very
In an effort to provide for more consistent special circumstances require use of some more
policy on the relationship between state law and limiting criterion, future laws intended for cities
local charters, the League recommends to its own other than first class cities be drawn to apply to all
member cities as well as the legislature the follow- such cities.
ing guidelines on meeting legislative needs of
home rule charter cities: REVENUE SOURCES
1. Every general law applying to cities should RS-1. Elimination of Levy Limits (A)
state specifically whether or not it applies to
home rule as well as to statutory cities. The League of Minnesota Cities recommends that
the legislature repeal the levy limit law in M.S.
2. When a uniform state policy is not required, a 275.50.
law applying to home rule charter cities,
whether applicable with or without local The 1983 legislature corrected some of the
action, should authorize an affected city to worst problems created by the levy limit law
supersede the law or any provision in it by existing in M.S. 275.50, by altering the base to
charter action on the same subject. which the annual allowable percentage increase
- 16 -
applies, by providing for an inflation index instead based on the relationship of need (expressed as a
of a flat eight percent and by allowing the base to Local Revenue Base) and effort (expressed as the
increase each year even if a city levies less than the equivalent of ten mills times equalized assessed
maximum allowable amount. value). A major part of the formula changes was
the elimination of the "grandfather clause." To
The legislature also decided to exempt all cities avoid the political and financial problems that
under 5,000 from this levy limit law. This was a would result from the modified formula alone,
positive step, since the levy limit law, with all its without the grandfathers, maximum increase and
special levies and frequent changes and exemp- maximum decrease provisions were added.
tions, required cities with relatively simple budgets
and small staffs to engage in time-consuming, When the legislature passed the formula
costly, and unwarranted efforts to operate within changes, $246.2 million was appropriated to cover
the complexities of the law. the estimated cost of paying each city either its
minimum, maximum, or formula aid (whichever is
Despite these significant improvements, the applicable).
League continues to oppose levy limits because
they apply uniform statewide restrictions to cities However, when the Department of Revenue
and are too inflexible. Given uncertainties in state completed the final calculations for the 1984 LGA
and federal financial aids and the diverse problems distribution, it was found that the total funding
and circumstances faced by cities throughout the fell $3.5 million short. Under a new method of
state, uniform limits are impractical. Such laws are proportional reduction instituted as part of the
inconsistent with principles of local self-govern- 1983 formula changes, this shortfall meant that
ment and accountability. 319 cities had their 1984 aid amounts reduced to
make up for the shortfall. In some cases,cities lost
The current law does not recognize changing as much as 18 percent of the LGA amount which
local conditions with respect to expenditure needs they could have expected had there been no
or revenue sources. For example, no allowance is shortfall - i.e., if there had been full funding of the
made for cutbacks in federal revenue sharing or for formula.
changes in the method of financing some activities.
The law does not make adequate allowances for The governor, legislative leadership, and tax
the additional cost of municipal services due to an committee chairs have indicated that they will ask
annexation or consolidation or for shifts of service the 1984 legislature for an LGA appropriation in
or costs of services between governmental units. order to restore the pro rata cuts to the 319
cities affected. Cities would have to adjust their
The League remains strongly opposed to levy 1985 levies if they levied for 1984 on the basis of
limits, as it can identify no intellectual or econo- the certified 1984 LGA (which reflected the pro
mic basis for imposing such arbitrary and counter- rata reduction).
productive restraints.
The legislature will also have to decide whether
RS-2. Adequate Funding for Local to set a fixed appropriation for 1985 LGA (and
Government Aid (A) thus risk another pro rata reduction controversy)
or whether to confirm the full funding provisions
The League of Minnesota Cities recommends now in the law.
restoration of the $3.5 million shortfall to achieve
full funding of the 1984 LGA. In addition, we RS-3. License Fees (A)
recommend that full funding for 1985 be assured.
The League of Minnesota Cities recommends
Local Government Aid (LGA) is cities' most that the legislature repeal all maximum fee pro-
significant source of non-property tax revenue. It visions relating to off-sale liquor, on-sale wine,
is extremely important that LGA be reliable and bottle club and Sunday liquor licenses and allow
predictable and that it be adequately funded so cities to decide locally the appropriate fee to
that cities can budget and plan properly and so charge for such licenses.
that property taxes do not increase unreasonably.
With few exceptions, the statutes granting
The 1983 legislature modified the LGA formu- authority to issue licenses or permits do not
la so that there is some redistribution of funds specify maximum fees. Cities have the discretion
- 17 -
to set fees, based on their own costs, needs, and increased to more accurately reflect the cost to
standards. Case law provides ample limitations on the city of internally financing assessments.
cities' power to set license fees in that revenues
produced must be related to the cost of issuing the RS-5. Equipment Financing (A)
license and regulating the licensed business.
The League of Minnesota Cities recommends
It is inappropriate for the legislature to set that M.S. 412.32 be amended so that all Minnesota
maximum fees for off-sale liquor, on-sale wine, cities would be able to issue "five-year equipment
bottle club and Sunday liquor licenses. Cities have certificates" in an amount not to exceed one
acted responsibly in using their discretion to set percent of the city's assessed valuation in any given
on-sale liquor license fees. It makes no sense to year. No reverse referendum provision should
grant that power and then to deny them the power apply unless the city wishes to exceed the one
to set off-sale liquor and on-sale wine license fees percent limit.
as well as Sunday liquor and bottle club fees.
There is no evidence to show that lifting the Statutory cities in Minnesota have the power to
statutory cap would lead to unjustified fee in- issue certificates of indebtedness, payable in not
creases. Some sort of reasonable increases in more than five years, to purchase fire, police,
off-sale license fees could be expected in light of ambulance, street construction, or maintenance
the fact that the statutory maximum fee hasn't equipment. (M.S. 412.301.) If the amount of the
been increased for over 30 years. certificates exceeds one percent of the city's
assessed valuation, a reverse referendum provision
RS-4. Special Assessment Financing (A) applies.
The League recommends that the law be In 1983, the legislature granted similar financ-
changed to ensure that a city may charge an ing powers to Minnesota's home rule charter cities
interest rate on special assessments at least one (M.S. 412.32), without any reverse referendum
percentage point higher than the rate payable on provision. However, the total principal amount of
the bonds which finance the assessment. the certificates (or capital notes) issued in a fiscal
year is limited to no more than one-tenth of one
a) Interest rate which may be charged on special percent of the city's assessed value that year. In
assessments financed by bonds. many cities, this limit is prohibitively low, and
effectively prevents the city from making use of
In 1982 the legislature changed the law govern- the authority granted in this statute.
ing the statutory interest ceiling for municipal
bonds. The new law, which provides for a RS-6. Municipal Bonds (A)
floating monthly maximum interest rate,
creates a problem concerning the interest rate The League of Minnesota Cities recommends
which a municipality may charge on special that the legislature repeal interest rate limitations
assessments. The interest rate which may be on general obligation and revenue bonds of cities.
charged is determined according to the maxi-
mum rate allowed to be paid on municipal The traditional way of financing most local
bonds for the month in which the resolution public improvements and facilities has been and
authorizing the special assessment is adopted. will likely continue to be through the issuance of
If a city sells the assessment bonds in a later bonds. If the needs for replacement, repair, or
month, the interest rate payable on the bonds expansion of local capital improvements are to be
may be greater than that allowed to be charged met at a reasonable cost, a broad market for
for the special assessment. The city would be municipal bonds must be maintained at the most
left having to absorb extra costs. favorable interest rates possible. It is the League's
position that artificial statutory bond interest
b) Interest rate which may be charged on special ceilings do not have the effect of holding down
assessments financed internally by a city. interest rates, and may add somewhat to the costs
of bond issuance by the creation of additional legal
M.S. 429.061, Subd. 2 restricts to 8 percent and procedural requirements.
the interest rate a city may charge on internally
financed special assessments. The League Because interest rates in the bond market
recommends that the allowable interest rate be fluctuate in response to a combination of many
- 18 -
economic forces, it is inappropriate to impose an which is not a railroad company. Vacant land
interest ceiling upon local governments. Local should be presumed to be available for lease
officials must operate within the realities of the or rent if it has not been used as operating land
market and, whether there is a statutory ceiling or for a period of one year preceding the valua-
not, they have every incentive to keep issuance tion date. Non-operating property should also
costs as low as possible. include land which is not necessary and integral
to the performance of railroad transportation
RS-7. Homestead Credit (B) services and which is not used on a regular and
continual basis in the performance of these
The League of Minnesota Cities recommends services.
that the law be changed so that the state would not
be able to make cutbacks in reimbursement pay- 3. All operating land (defined to mean any land
ments to cities once cities have certified their which underlies the operating structures
levies. defined below and rights-of-way adjacent
thereto and which is necessary to the integral
The homestead credit program was established performance of railroad transportation
by the state to provide property tax relief for services) should be taxed and should be valued
homeowners. The law provides that the state will by taking into consideration the value of
pay 54 percent of every homeowner's tax bill, up adjacent lands and the zoning applicable to
to a maximum of $650. Homestead credit will adjacent lands.
apply only to the gross tax on the first $67,000 of
market value. When the property tax bills are 4. All operating structures (defined to mean all
prepared in the fall, the amount that an individual structures owned or used by a railroad com-
taxpayer owes is decreased by the amount of the pany in the performance of railroad transporta-
applicable credit. The state is then supposed to tion services, including without limitations,
pay the credit to cities, counties, schools, towns franchises, bridges, trestles, tracks, shops,
and other taxing jurisdictions in the year the taxes docks, wharves, buildings, and other related
are due (in six equal payments from July through structures) should be valued by the assessor by
December). This homestead credit reimbursement taking into consideration their alternative use,
payment is really a payment of property taxes by consistent with the uses of adjacent and
the state. The state should maintain adequate comparable structures, if not used for railroad
reserves so that cutbacks in reimbursement pay- purposes. All operating structures except
ments are not necessary. railroad bridges, trestles, tracks, docks, and
wharves should be taxable.
RS-8. Railroad Taxation (C)
5. No taxing jurisdiction should lose revenue
The existing system for taxation of railroad because of the change from the existing unit
property is not consistent with the taxation of value system to the new local assessment
other commercial and industrial properties. The system.
League recommends that a new system of property
taxation be established which enables railroads RS-9. Tax-Exempt Property (C)
operating in Minnesota to be taxed consistent with
the taxation of other commercial and industrial The League recommends that state, county,
properties. This system should contain the follow- school district, city, and regional government
ing features: owners of tax-exempt property be required to
reimburse cities for the cost of police, fire, and
1. All railroad property should be assessed by the street services. The League also recommends that
assessor having jurisdiction as otherwise pro- the state reimburse cities for services provided to
vided by law. all state owned land and facilities, including state
universities.
2. All non-operating property should be taxed
and should include all property other than One of the glaring inequities in the Minnesota
operating land and operating structures as tax system involves local services that are provided
defined below. Non-operating property should free to tax-exempt property owned or used by the
include real property which is leased or rented state, counties, school districts, regional govern-
or available for lease or rent to any person mental bodies, and by certain non-governmental
- 19 -
organizations. It is widely acknowledged that such sioner of revenue should be required to order a
property benefits directly from governmental reassessment of an area by an independent ap-
services such as police and fire protection and praiser if indicators fall significantly below accept-
street services provided by cities. Since there is no able national standards. The costs of such reassess-
legal basis, however, for claiming reimbursement ment should be borne by the responsible assessing
for the cost of such service, they are borne by the jurisdiction.
local taxpayers. Furthermore, such property is
concentrated in certain cities, resulting in a heavy Sales Ratio Equalization
cost burden upon those cities.
After the sales ratio studies are improved by
RS-10. Assessment Equalization (C) including all factors of sales, the legislature should
require that all cities have at least a 90 percent
The League of Minnesota Cities recommends sales ratio. The sales ratio sample should be
that the legislature repeal the coefficient of dis- conducted or audited by the Department of
persion penalty provision. The League opposes the Revenue, and the commissioner should be required
sales ratio being used as a basis for either penalties to make aggregate increases in those cities below
or bonuses in state aid funds after the formula 90 percent. All costs incurred by the commis-
distribution has been determined. sioner shall be paid by the assessing jurisdiction.
The sales ratio sample should be for a 12-month
The League favors improved property assess- period, beginning no more than 18 months before
ment practices for numerous reasons. First, the assessment date.
county, school, and special district levies overlap
various city taxing jurisdictions. If, for example, NOTE: LOCAL GOVERNMENT AID FORMULA
the sales ratio of one city is lower than that of
another city in a county, the residents of the The League of Minnesota Cities is currently
high-sales ratio city bear an unfair additional tax engaged in an effort to adopt a legislative
burden. policy proposing a specific LGA formula. A
special LGA Policy Task Force is expected to
Second, various state formulas consider pro- report to the LMC Board of Directors in
perty tax base valuation in distributing aid. Al- mid-April regarding their recommendations for
though sales ratios are used as an equalizing factor, the purpose of LGA. The membership will
sales ratios themselves are often flawed or inac- consider this report at the League annual
curate because of the difficulty of computing meeting in June 1984. The report will provide
ratios. For example, the "market value" of pro- a basis for the League Revenue Sources Com-
perty can fluctuate widely depending on the type mittee's work to develop a formula.
of financing available to a buyer. Or there may not
be enough sales in a given class of property in an LAND USE,ENVIRONMENT, ENERGY
area to accurately determine a sales ratio. AND TRANSPORTATION
It is important to recognize that statistics such LUEE-1. Solid and Hazardous Waste
as sales ratios and coefficients of dispersion (which Management (A)
are calculated from sales ratios) are at best general
indicators. They are tools for helping assessors and The problem of solid and hazardous waste
for insuring an as equitable as possible distribution disposal will be one of the major environmental
of state aids. However, they should not be used as issues of the next decade. Legislation addressing
precision measurements for additional penalties or this problem enacted in 1980 responded to the
bonuses of state aid funds once the distribution has following concerns of the League, and this legisla-
been calculated. tion should not be amended to diminish the
emphasis on these concerns:
Coefficient of Dispersion Penalty
1. Planning for solid waste disposal. The agency
For the past several years, the deadline for the or agencies responsible for developing plans for
effective date of the statutory coefficient of solid waste disposal should first identify the
dispersion penalty has been extended due to major types of solid waste involved and the sources of
problems of fairly administering the law. If the the solid waste. The plan should give first
legislature determines a need exists, the commis- priority to alternative use of solid waste,
- 20 -
including generation of energy and recycling. where feasible. Resource recovery systems and
Determination of the applicability of these landfilling of solid wastes are appropriate roles
alternative types of disposal systems should be for local government. A process for regulating
made prior to the land-fill siting process. The the flow of solid waste must be available to
state should establish an educational program guarantee a source of waste for any recovery
for local government officials and citizens on facility. Because of the complexity of dealing
recycling and waste abatement. Funding for with hazardous wastes, a state agency should
abatement and recycling programs should be have the primary responsibility for supervision
made available by the state. Site selection of hazardous wastes recycling and landfill
standards and criteria should be developed facilities. To the extent possible, hazardous
prior to the siting process and should be waste disposal solutions should be operated by
subject to exhaustive public hearings and private industry.
Chapter 15 Administrative Procedures Act
requirements. 4. Incentives. Because the sites for the disposal of
solid and hazardous waste will be located
2. Planning for hazardous waste disposal. A within the geographic boundaries of political
statewide plan for the disposal and regulation subdivisions, incentives should be provided by
of hazardous waste must be developed. the state to both the host of facility, and the
Hazardous waste must be defined and the local governmental unit establishing and
sources identified by type, volume, location, maintaining the facility. Specifically,considera-
and generator. Those responsible for genera- tion should be given to payments in lieu of
tion must be involved in solving the disposal taxes to the host community for the property
problem. Hazardous waste generators must be removed from the tax rolls as a result of the
encouraged to modify production processes to location of a facility. The host community and
reuse or recover as much waste as possible and the community operating or maintaining the
to use less hazardous raw materials in their facility should be protected by the state from
process. Hazardous waste generators must be severe liability problems. Grants should be
required to handle the waste in such a way that made available to communities operating
will allow these wastes to be identified, col- innovative landfills. A special levy must be
lected, and recycled or disposed of in a techno- established outside of levy limitations to pay
logical and environmentally sound manner. for the costs of operating and maintaining a
Determination must be made of the types of landfill, in order to assure that adequate
disposal facilities needed, how many, and the funds will be available to implement environ-
general geographic locations prior to the siting mental protection measures.
process. Site selection rules and criteria must
be adopted prior to the siting process and must 5. Clean-up of hazardous substance locations.
be subject to Chapter 15 Administrative Funds from the state "super fund" should
Procedures Act requirements. The state as a continue to be available to reimburse cities for
whole should be considered when selecting money expended to clean up hazardous sub-
the site or sites for resource recovery and/or stance locations and spi!ls. Eligibility for
disposal of hazardous wastes. Incineration as a reimbursement should be on improvements or
means of disposal or as a volume reduction projects ordered or begun after Jan. 1, 1980.
technique should be given serious consideration Should a monitary recovery be made by
as part of the disposal system. If landfilling of the city from the disposer, the city would
various types of hazardous waste becomes reimburse the state fund in the same pro-
necessary, prime consideration should be given portion as the state monies bear to the total
to geological acceptability of various sites, city cost.
fail/safe design of the facility, safe operating
standards, and adequate long-term monitoring Because of the unique nature of political
by the state during operation. subdivisions, municipal liability for damages
from improper disposal of hazardous sub-
3. Participation in planning process. All the levels stances on public property in other than a state
of local governments, including cities, together permitted hazardous waste disposal site
with private industry, must be encouraged should continue to be limited to the
to participate in the entire planning process amounts specified in the Municipal Tort
and also to provide solutions to the problems Claims Act.
- 21 -
LUEE-2. Wastewater Treatment Projects (A) Many watershed districts, joint powers com-
missions, counties, cities, and towns have done a
Clean water is vitally important to the citizens good job of dealing with surface water manage-
of this country and particularly to residents and ment issues and have the authority and ability to
visitors of Minnesota. Minnesota's cities remain continue to do so in a cost effective manner.
committed to improving water quality. Unfor- These existing mechanisms should continue to be
tunately, the costs involved in providing cleaner used to the greatest extent possible to address
water are staggering. Because of the incredible surface water management problems instead of
cost, it must be recognized that it is economically establishing a new system or creating new organiza-
impractical to immediately eliminate pollution. tions.
Therefore, all levels of government must take a
reasonably balanced approach to solving the The following concerns should be included in
pollution problem. any surface water management legislation:
The ability of cities to comply with any clean 1) The state should recognize that water is an
water program must be recognized as contingent important natural resource and should be
upon the availability of adequate funds for build- retained in the state to encourage industry,
ing treatment facilities. Since 1978, federal agriculture,and tourism.
funding for the wastewater treatment construction
grant program has been cut in half. Additionally, 2) More city input should occur in the watershed
the federal share of construction grants will drop district board of managers' selection process
from 75 to 55 percent beginning in fiscal year and there should be more balanced geographic-
1985. The budget constraints facing the federal al representation on these boards. Local
government are undeniable, but those same con- elected officials should be eligible to serve as
straints exist at the state and local level as well. It watershed district managers or board members.
is unfair to those city residents who in the past
have contributed their federal tax dollars to 3) Incentives and encouragement should be
projects in other locations to be faced with a provided to cities to include surface water
tripling of the local share for a project in their city. management retention and detention elements
For this reason, if the federal government does not in existing comprehensive plans.
return the federal share for rehabilitation, repair,
upgrading, and new construction of treatment 4) Greater cooperation between local units of
facilities to 75 percent, the state should be the government in dealing with surface water
level of government to bear the increased burden. management problems should be encouraged.
Regardless of how the funding assistance program
is structured, the local share should not exceed the 5) The establishment of watershed districts or
current level of ten percent of the project's cost. joint powers commissions should be encour-
aged in watersheds where needed.
Further, to reduce the financial burden on the
state, funding for reserve capacity should be 6) The state should prepare surface water manage-
limited unless a community can reasonably expect ment advisory standards, guidelines, criteria,
and document a growth in the treatment needs etc. to facilitate and enhance the planning
of the city. of subregional and local units of government.
LUEE-3. Surface Water Management (A) 7) The permit process should be revised so that
permittees need only work through local
While recognizing the need for comprehensive government.
planning, the League believes that local units of
government should retain the basic responsibility 8) Additional mandates on local government for
for surface water management as they are the level surface water management planning or imple-
of government closest to the problem. Also, any mentation activities are opposed unless funded
legislation mandating surface water planning or by state raised revenues.
additional responsibilities on local units of govern-
ment must include funding to carry out the plan- 9) In any case, authority exercised by local
ning and new responsibilities. government in dealing with surface water
-22 -
management problems should not be reduced 4. The legislature should continue the Minnesota
or substantially modified, provided that Department of Transportation as the rideshare
the local government is acting in good faith to program coordinating agency and to provide
solve the water management problems. adequate funding for its continuation.
10)Cities should be allowed to make an annual 5. The League supports the continued dedication
special levy to be placed in a surface water of the sales tax on motor vehicle sales for
management fund. This money would be used transportation purposes, and advocates the
to eliminate high-priority surface water pro- prompt transfer of the motor vehicle excise
blems that have been identified by the city tax into the highway user and transit assistance
council and city engineer. After all storm fund.
sewers are in place within the city boundaries
the annual levy may continue for a replace- 6. The possibility and feasibility of utilizing
ment fund as long as the reserves do not exceed existing railroad trackage as part of a fixed
an amount established by the city. guideway and/or light rail mass transit system
should be addressed. If existing railroad
LUEE-4. Transportation (B) trackage/right-of-ways are petitioned for
abandonment, these or portions thereof should
An efficient transportation system is a vital be preserved by appropriate government
element in planning for the fiscal, economic and agencies through alternate public use until
social development at state, regional, and local rail systems once again become economically
levels. Since the agricultural and recreational feasible or needed because of energy considera-
economy of the state and its cities are dependent tions.
upon highway transportation, it is necessary to
determine the long-range highway needs to assure LUEE-5. Agricultural Land Preservation (B)
the vitality of the state's economy. Furthermore,
environmental concerns and the need to conserve Public policies which encourage substantial
energy require that alternate modes of transporta- development in non-urban areas and which extend
tion be utilized in meeting the diverse needs which public services beyond existing jurisdictions and
exist in various communities and regions of the service areas are wasteful and counter-productive.
state. In order to provide a more adequate state Cities offer a variety of lifestyles that conserve
governmental structure and funding mechanism for energy, and they are already centers of substantial
transportation system planning and development, public and private investment. Because the prime
the League recommends that the following changes agricultural land of Minnesota is a major natural
be made: and economic resource, a major objective of any
land use strategy should be the preservation of this
1. An adequate level of highway user funds prime agricultural land.
should be maintained so that highway main-
tenance and reconstruction may be continued, The state should establish a policy encouraging
and adequate funds be available for the state- the preservation of prime agricultural land which
aid street program. The Legislature has recent- discourages the development of such land outside
ly taken appropriate steps in this direction designated growth areas to be served by a city and
by increasing license fees and the gasoline tax encourages regional agencies and local governments
to maintain this fund. Efforts should be made to adopt agricultural preservation policies and
to eliminate any inequities in the motor vehicle ordinances.
license fee schedules and other vehicle taxes.
The legislature should consider extending the
2. The special state bonding program should be metropolitan area agricultural preserves law state-
continued to provide funds for counties, wide. The law should permit but not require the
towns, and municipalities for the replacement formation of agricultural preserves by cities,
or repair of bridges. counties, and towns which have comprehensive
plans and zoning ordinances. In areas adjacent to
3. Funding for at least the existing level of cities, the city and the town and county, if the
operation for mass transit should be main- town and county have zoning ordinances permit-
tained by the state. Available funds should be ting agricultural preserves, must all agree to
used at the city's option for capital or operat- the inclusion of land in the agricultural pre-
ing expenses. serve.
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LUEET-6. Review of Planning and sectors are being developed by cities based on the
Annexation Laws (B) rationale that conservation efforts achieve the
greatest energy savings at the lowest cost. The
The League recommends that the legislature League believes that a city's individual energy
establish a task force to study and evaluate current conservation strategy can be accomplished if the
planning and annexation statutes and practices in legislature permits or establishes some of the
Minnesota. The task force should be composed of following measures:
representatives from the Senate, House, and State
Planning Agency as well as representatives from 1. Retrofit of Local Government Buildings. Local
cities, counties, and townships. governments and school districts operate nearly
8,000 buildings in Minnesota. Possible energy
The main goal of the task force should be to savings in this sector range from 16-67 percent
evaluate and recommend possible changes to the of current energy consumption by imple-
planning and annexation statutes to address the menting operation maintenance changes and
problem of development and delivery of services to capital improvements programs. The League
urbanizing-fringe areas around the cities. recommends support of the use of special levies
to local governments for implementation of
LUEE-7. Manufactured Housing (B) energy conservation measures, including build-
ing energy audits. This special levy could be
In 1981, the legislature changed the definition designed to complement 1983 legislation
of mobile homes to manufactured housing. In authorizing 10-year installment payment con-
1982, the legislature appeared to require cities to tracts for capital equipment or services in-
accommodate manufactured homes but to still tended to improve the energy efficiency of
permit cities to regulate the location of manu- municipally owned buildings.
factured housing within their boundaries. If the
legislation is interpreted to restrict the ability of 2. District Heating. To promote statewide
cities to regulate the location of manufactured applications of district heating technology and
homes within districts within the city, this to allow communities to make most efficient
authority should be given to cities. use of the State District Heating Bond Pro-
LUEE-8. Eminent Domain Law (B) gram, the League recommends the following:
a. The legislature should provide additional
The League believes the entire eminent domain funds or the ability to special levy for
process should be critically reviewed and stream- conducting district heating feasibility
lined. This examination should include a re- studies at the community level;
evaluation of the advisability of making appraisals
public information; the advisability of an alterna- b. The legislature should strongly encourage
tive system of review, for example a professional consideration of district heating potential
referee, a hearing examiner, etc., using a profes- in the power plant siting process.
sional referee in lieu of three commissioners to
establish the value of the land;the public purposes C. The legislature should continue to allow
for which the law may be used, including its use to use of State District Heating Bond Pro-
encourage economic development; and the legality gram for renovation of existing district
and feasibility of collecting property taxes on heating systems.
property for several years in instances where the
award is substantially in excess of the market value d. Repayment of state bond issues would
of the property for tax purposes. The League follow repayment of local obligations.
board should establish a statewide task force to
study eminent domain, its alternatives, and reloca- 3. Low and Moderate Income Energy Assistance.
tion practices and costs. Rising energy costs will continue to place a
burden on the economic vitality of com-
LUEE-9. Energy Conservation and munities in Minnesota. The League recom-
Production (B) mends: a) continuation of the fuel assistance
program for low-income households, with
Overall energy conservation strategies involving expanded services to train recipients in energy
the public, private, commercial, and industrial conservation practices and with a requirement
- 24 -
of recipient participation in weatherization a latter revisor's bill making changes to many areas
programs if the recipient is the owner; b) of law inadvertently carried the old language.
support for weatherization programs operated Since it passed later, it superceded the first bill and
through cities, counties, and CAP agencies; c) returned the law to its pre-1983 status.
continued support for the MHFA loan and
grant program for home weatherization. The League urges the legislature to repass the
law which eliminates the need to file and record
4. Conservation and Renewable Energy Financ- zoning modifications with the county.
ing. Declining federal support for implement-
ing conservation and renewable resource LUEE-12. Shade Tree Disease Control (C)
projects will place a significant burden on local
government attempts to maintain vital services If the legislature continues its commitment to
to their residents and promote community the Shade Tree Disease Control Program, grants
development. The League recommends that should include funds for sanitation and refore-
cities be allowed to bond and to make a special station.
levy for energy conservation and renewable
resource projects. LUES-13. Initiative/Referendum for
Zoning Ordinance (C)
5. Local Regulatory Authority. Local govern-
ments are in the best position to assess local The Municipal Planning Act has been inter-
needs and regulate energy consumption within preted to allow for initiative and referendum (I/R)
their communities. The League recommends in cities with charter provisions allowing for I/R.
giving any municipality the option to adopt There is evidence that this interpretation has
and enforce an energy code that may be more interfered with cities' efforts to achieve their
stringent than the state building code for planning and development goals, particularly in the
purposes of energy conservation. housing field.
LUEE-10. Use of Funds from Subdivision The League of Minnesota Cities supports an
of Land (B) amendment to the Municipal Planning Act to
provide that zoning ordinances and amendments
Funds derived from the creation of new not be subject to city charter provisions on initia-
subdivisions of land in lieu of the dedication of tive and referendum.
land for park purposes should be available for park
development in addition to park acquisition. First, the statutory procedure on zoning
ordinances provides ample opportunity for the
LUEE-11. Zoning and Subdivision participation of both the general public and
Filing Requirements (B) individual property owners in decisions relating to
zoning ordinances or the Municipal Comprehensive
Two years ago the legislature modified the law Plan. It is inappropriate to allow such a long
to require any zoning change or variance as well as deliberative process to be overturned by a relative-
subdivision approval to be recorded with the ly few voters who may have narrow interests in the
appropriate county agency. Subdivision regula- issue.
tions and plats relate to the legal description of
property and may be justifiable actions for record- Second, the clear intent of the existing plan-
ing. However, zoning along with comprehensive ning law is that zoning ordinances and amendments
plans are much more flexible and changing docu- not be subject to I/R. Without a clear uniform
ments specifying uses in more general terms and statutory procedure for the implementation of
size or locational issues in more specific terms. municipal planning, statutory and charter cities
Zoning issues may range from the location and will be subject to different procedures and the act
height of a fence to changing a zone classification will not be realized.
for literally hundreds of specific properties. The
sheer volume and cost of paper work at both the LUES-14. Rezoning Requirements for Cities
local and county level is not warranted since these of the First Class (C)
issues and decisions are available already at the
local level and are not legally appropriate parts of The State Municipal Planning Act contains
deeds and titles. This law was initially changed by special requirements for rezoning in cities of the
a separately signed bill passed in 1983,except that first class which do not apply to all other cities.
- 25 -
Land can only be rezoned with a consent petition ance to cities, it is important for cities to retain
approved by two-thirds of the property owners maximum ability to encourage and leverage econo-
within 100 feet of the property to be rezoned or mic development and redevelopment.
by a 40-acre study. In effect, neighboring property
owners have more power over rezoning than The League opposes any changes in state
elected city officials. The fact that cities of the statutes that would limit cities' current ability to
first class cannot initiate rezonings creates the carry out a variety of community development
additional problem of not being able to comply activities. The League recommends that any
with the requirements of the Metropolitan Land legislative changes in cities' community develop-
Planning Act of 1976. ment powers or other actions which have an
impact on city development and redevelopment be
The Municipal Planning Act should be revised governed by the principles listed below:
to make the requirements for rezoning in cities of
the first class consistent with the existing require- 1. Cities' ability to finance the maintenance of its
ments for rezonings in cities of the second, third, capital investments such as existing streets,
and fourth class. sewers and other public improvements should
be assured and protected.
LUEE-15. Adverse Possession (C)
2. Economic growth should be managed to
The legislature should make it clear that no maximize the cities' capital investment in
adverse possession can be had against the state and existing roads, bridges, sewers, water treatment
its political subdivisions. plants,etc.
DEVELOPMENT STRATEGIES 3. The revitalization of cities and community
centers should be a priority in order to reverse
DS-1. Community Development Principles (A) the trend of dispersion of population and
economic activity.
Minnesota cities are key partners in the com-
munity development process. They can and do 4. Any state statute relating to community
plan types and location of economic growth;build development should recognize and allow for
or repair streets, sewers and other public improve- the great differences between cities with
ments; and finance construction or rehabilitation respect to their stage of growth and develop-
of residential, commercial, and industrial develop- ment, demographics, and types of economic
ment. activity within and adjacent to their borders.
From the '60s through the early '80s, an 5. The preservation and conservation of agricul-
ever-increasing number of cities have gained tural lands, wetlands, and scenic and recrea-
experience and sophistication in the use of develop- tional land should be encouraged and pro-
ment tools including industrial revenue bonds, tax moted.
increment financing, and housing (or mortgage
revenue) bonds. Various federal grant programs 6. The state should work closely with cities and
encouraged cities to tap state and local resources to the private sector. Local objectives should be a
maximize the impact of federal dollars. The state priority which are built into economic develop-
of Minnesota assisted cities' development efforts ment and redevelopment process.
with the Star Cities and the Main Street Minnesota
programs, Minnesota Housing Finance Agency loan DS-2. Municipal Service Districts (A)
programs, and other activities. The legislature
allowed cities to retain flexibility in using tools for Recent court decisions concerning special
financing growth and rehabilitation and granted assessments have made it more difficult for cities
new powers in such areas as financing rehabilita- to use special assessments to finance public services
tion loans for small businesses. and improvements. The Minnesota Supreme Court
has interpreted the State Constitution to require
The economic realities of the 1980s are likely not only that a special assessment project "special-
to require even more active participation by cities ly benefit" affected parcels of property, but also
in community development. Especially if the that the city be able to prove that the market
federal government continues to reduce its assist- value of a property will increase in direct relation
-26 -
to the amount of the special assessment applied to for economic development purposes by limiting
that property. the tax exemption to a maximum of three years.
This interpretation has created particular The process of developing industrial and
problems for several important city functions. economic growth or rehabilitating or building
First, it is more difficult to specially assess all (or housing may extend over a long period of time.
even part) of a capital improvement project to The current three-year time limit discourages cities
repair or replace existing streets, sewers, etc. The from being active in establishing and maintaining
"increased market value" test does not work well local development corporations, from retaining as
for repair and replacement, as opposed to newly much control as possible over their economic
built improvements. This result hinders cities development and planning process, and from being
from meeting the widely recognized need for selective as to the type of development which may
maintenance of the existing public infrastructure. occur in the city.
Second, cities' ability to finance annual operat- Cities have every incentive to get property back
ing and maintenance costs of some services to on the tax rolls as soon as possible. But the
property through the use of special service charges realities of the economic development process as
is either unclear or nonexistent under current law. well as national economic ups and downs mean
that it often will take more than three years
The only current financing alternative to for a parcel to get back into private hands, despite
special assessments or service charges is the general a city's best efforts.
property tax. But it may not be desirable to use
the general property tax to finance some capital or The League of Minnesota Cities supports
operating expenses. For example, if a road is used legislation to eliminate the three-year time limit on
almost exclusively by people living in one corner the tax-exempt status of land held by cities and
of a city, it may be bad public policy to require the their political subdivisions for later resale for
cost of replacing that road to be borne by all the economic development purposes.
property in the city. This is especially true if the
property in the rest of the city has already been DS-4. Housing (B)
assessed for similar improvements.
The League continues to encourage the use of
Or, if the central business district or mall of a tax-exempt financing for housing and supports the
city benefits from more frequent snowplowing or Minnesota Municipal Housing Revenue Bond Act,
street cleaning, better lighting, etc., it may not be M.S. 462C, passed in 1979 and amended in 1982.
good policy to have all the city taxpayers share in
those expenses. Cities recognize that incentives for the con-
struction and rehabilitation of housing form a vital
The League of Minnesota Cities supports part of city redevelopment efforts and serve the
legislation which would allow cities to create housing needs of its citizens, especially those of
municipal service districts. These would provide a low and moderate incomes. The League supports
financing alternative which could be used alone or amendments to Chapter 462C necessary to further
in combination with traditional special assessments assist cities in using housing revenue bond pro-
and the general property tax. Cities should be grams both as a redevelopment tool—to encourage a
allowed to use municipal service districts to finance healthy and diverse economic and social base--and
the types of improvements listed in M.S. 429.021 as a way to provide housing for low and moderate
(relating to the construction, replacement, and income households.
maintenance of such things as streets, sidewalks,
gutters, storm and sanitary sewers, waterworks Because of the federal Mortgage Subsidy Bond
systems, street lights, and public malls or court- Tax Act of 1980, the ability of cities to conduct
yards). Both service charges and the ad valorem housing programs has been severely limited.
property tax should be available to finance services Federal law placed a cap on the dollar amount of
or capital improvements in the district. single family mortgage revenue bonds that may be
issued in Minnesota for 1981, 1982 and 1983.
DS-3. Tax-Exempt Status of Land Unless federal law is changed, tax-exempt housing
Held by Cities for Development (A) bonds will cease after 1983, unless they fall within
specific exemptions in federal law. Federal law
In 1979, the legislature changed the tax- specifies that 50 percent of the annual state ceiling
exempt status of land held by cities for later resale is allocated to the state and 50 percent is allocated
-27 -
to local issuing authorities, unless the legislature or DS-5. Small Cities Community
the governor decides on another allocation Development Block Grants (C)
formula. The state of Minnesota has chosen to exercise
In 1981, 1982, and 1983, the legislature its option to administer the Small Cities portion of
enacted several allocation plans which divided the Community Development Block Grant (CDBG)
bonding authority between cities and the state. program. The state's handling of this program,
Because of increased needs and abilities of cities to which is the major source of community develop-
conduct local housing bond programs, the current ment resources for most Minnesota cities, is of
allocation to cities is inadequate. The League great concern to the League. Representatives of
supports an allocation formula which would the Department of Energy and Economic Develop-
provide 50 percent of the annual state ceiling to ment (DEED), cities, regional development com-
cities. Cities of the first class would be allocated missions, the legislature, and other interested
271/2 percent of the "city pool" and the remaining organizations continue to meet regularly to con-
721h percent of the cities' share should be available sider policies and procedures for the state-
for all cities on a competitive basis. administered program. In addition, two series of
information meetings have been held around the
The competitive system administered by state to acquaint people with proposed changes
MHFA should be changed as follows: in the program.
1) The procedures and deadlines for receiving an It now appears that the state program will not
allocation should be better publicized to cities be greatly different from the program as it was
by publishing notice in the state register and administered by HUD. Program activities must
other means. continue to:
2) 100 percent of the loans should be reserved for 1) principally benefit low and moderate income
the first six months for families and individuals persons,
with incomes below 80 percent of the maxi-
2)
mum family income. aid in the prevention or elimination of slums
and blight, or
3) Only projects which will receive municipal
sewer and water services should be eligible for 3) meet other community development needs
financing. posing a serious and immediate threat to the
community's health or welfare.
4) Cities which have not received an allocation in
the past two years (with the exception of Since it appears that state administration of the
Minneapolis, St. Paul, and Duluth) or cities Small Cities' CDBG program is progressing well,
which are doing programs jointly should the League would not recommend any legislative
receive preference. intervention in the program at this time.
5) If all factors are equal, and there are more If the Small Cities' CDBG program design or
programs than there are funds available, then administration does become an issue during the
programs should be selected by lot. 1984 session, the League strongly advocates the
following approach:
6) The non-bond proceeds criteria should be
eliminated because it encourages inappropriate 1) Extensive hearings should be held on the issue,
"bidding wars" among cities and because it with ample opportunity for the presentation of
tends to favor new construction projects over cities' positions.
existing housing and rehab projects.
2) The CDBG program should be allowed to
MHFA program funds should be targeted remain basically what it has in the past: a
to cities in a manner consistent with local plans source of funding to encourage cities to
and programs. The MHFA should continue to "develop viable communities by providing
improve its procedure whereby representatives of a decent housing and suitable living environment
diverse group of cities, chosen in consultation with and expanding economic opportunities, princi-
the League, can participate in decision making pally for persons of low and moderate
as to MHFA priorities in targeting funds to cities. income."
-28 -
3) Cities should retain as much flexibility as policy is particularly expressed in Chapter 474 of
possible in determining how to carry out any the Minnesota Statutes, the Municipal Industrial
one of the three broad objectives of the pro- Development Act. Chapter 474 provides for the
gram (listed above). use of industrial revenue bonds by local units of
government to prevent or remove blight and
4) The legislature should not attempt to deal economic deterioration, to create new jobs and
statutorily with complex, specific program retain existing ones, to maintain and strengthen the
criteria that are best handled administratively. tax base, and to retain existing businesses and
attract new business.
5) No matter which state agency administers the
CDBG program, the basic goals of the program The League recommends that no legislation be
should be preserved. The balance in the CDBG enacted which limits in any way the types of
program between cities' economic development projects for which industrial revenue bonds may be
needs and the needs of low and moderate used because the development and redevelopment
income people should be maintained. needs of cities are very diverse.
DS-6. Small Business Development Financing (C) The League recommends that any unit of
government issuing industrial revenue bonds
A good array of financial tools are available to voluntarily adopt and follow local guidelines
cities to stimulate development in concert with setting forth conditions under which a project is
city plans and policy. However, there is now a gap consistent with a community's development plans
in cities' ability to pursue and aid small business or policies and zoning requirements.
development for expansion or construction of their
enterprises. The use of industrial development The League supports any changes in state law
revenue bonds (I RBs) for small projects is ham- that may be necessary to ensure that cities will be
pered by the economics of administrative expenses able to use I RB's to the fullest extent possible
necessary for issues of any size. under any changes made in the federal law.
The League recognizes a gap in developmental DS-9. Rent Control (C)
tools and encourages the legislature to enable the
Small Business Finance Agency to package projects The League of Cities opposes any effort to deal
which are approved by local city councils into with the issue of rent control by statewide legisla-
larger I RBs. The League encourages the legislature tion.
to appropriate funds as needed by the agency to
establish reserves and cover administrative expenses The League has no position in favor of or
related to this effort. against rent control per se. However, a uniform
state law would pre-empt cities' rights to make a
DS-7. Tax Increment Financing (C) local judgment on this issue. With respect to
rent control, as with most other issues, the League
Tax increment financing has permitted many feels strongly that it is appropriate to allow control
cities in various parts of the state to define and over this decision to remain with local government.
carry out rehabilitation, redevelopment, housing,
and economic development projects on their own FEDERAL LEGISLATION
initiative. It represents the most feasible and
effective legal strategy which is currently available FL-1. Municipal Bonds (A)
to cities to preserve and improve their physical and
economic environment. The League supports the maintenance of the
tax-exempt status of state and local bonds. The
The League commends no substantive changes traditional way of financing most local public
in the tax increment financing law. improvements of facilities has been through the
issuance of bonds, and this is likely to continue for
DS-8. Industrial Revenue Bonds (C) the foreseeable future. Consequently, if the need
for local improvements is to be met at a reasonable
The League supports the policy of this state to cost, it is imperative that a broad market be
encourage cities to take an active role in their maintained for municipal bonds at the most
economic development and redevelopment. This favorable interest rates possible.
- 29 -
The exemption from federal income taxes of Finally, the League believes any prohibition or
the interest on municipal bonds has been and cap on the volume of small issue IDBs is an un-
continues to be the key factor in maintaining a warranted attack on the capability of cities--
healthy market for municipal bonds. This tax- particularly small cities—to effectively promote
exempt status of state and local issues not only economic development. While large cities may
maintains a separate market for them but also utilize small issue IDBs, they have many more
recognizes the right of state and local government economic development tools available to them
to independently manage their fiscal affairs. than do small cities.
In recent years, however, some knowledgeable The League recommends, however, that any
people have become concerned because of their issuer should be required to adopt and follow local
belief that the traditional market for state and guidelines ensuring that projects be part of an
local bonds will not be able to satisfy the rapidly overall economic and physical development plan.
growing need for capital for public purposes.
Concerns have also been raised about existing FL-3. Wastewater Treatment (A)
methods of tax avoidance, including the tax-
exempt interest on state and local bonds. These LMC supports a return to a federal government
two concerns have resulted in several bills in share of 75 percent of the cost of rehabilitation,
Congress to establish programs to lend money to repair, upgrading, and new construction and favors
municipalities by purchasing their bonds and/or to continued eligibility (for federal funding) for
make interest on state and local bonds taxable. construction of treatment plants, interceptors,and
While the motives behind these proposals may be major appurtenances, infiltration/inflow correc-
laudable, it does not appear that a convincing case tion, major sewer rehabilitation, collector sewers,
has been made for such a radical change which and combined sewer overflow projects.
could damage the independence and viability of
state and local government. Consequently, the League recommends that
the wastewater treatment programs be modified to
FL-2. Industrial Development Bonds (A) provide financing to upgrade alternative environ-
mentally sound systems of on-site or community
The League supports the continued availability disposal of domestic and commercial waste in small
of small issue industrial development bonds to cities.
cities after December 31, 1986. Industrial develop-
ment bonds are useful tools which allow cities to In light of the national scope of the problem,
take an active role in fostering a diverse range of the League opposes any reduction in federal
economic development or redevelopment projects. funding of these programs.
They are also the primary means by which cities
can provide employment opportunities within the Clean water is important to the economic and
city. Due to federal program cutbacks, the need social well-being of not only the state of Minnesota
for locally controlled development tools is greater but the nation as a whole. The League supports
than ever before. the federal government's recognition of water
quality as a national problem and feels the estab-
The League questions the assumption that the lishment of national water quality standards is
volume of tax-exempt debt is a significant factor in appropriate.
determining interest rates on general obligation
bonds. Many factors may reduce the demand for While the League supports the establishment of
bonds and force interest rates to rise. To attribute national water quality standards, the programs
the high municipal bond interest rates to the available to help meet these standards are in-
availability of small issue industrial development adequate because they have tended to rely heavily
bonds ignores the complexity and volatility of the on single solution approaches which may not be
present economy. appropriate or economically feasible in small
communities.
Furthermore, large issues IDBs (over $10
million) take up a much larger percentage of the As a result, small cities have been required to
tax-exempt market than do small issues. In the install very costly central collection and treatment
first quarter of 1983, large electric and gas issues systems without regard to cost/benefit considera-
accounted for 11.3 percent of the market, whereas tions or their ability to finance the continuing
small issue IDBs accounted for only a small portion operation of such systems. Similarly, larger
of the market. cities have been discouraged from using al-
-30 -
ternative strategies where they might be ap- provided in the legislation approved by the 98th
propriate. Congress.
FL-4. Cable TV (A) The League understands that the federal
government is considering budget revisions that cut
The League opposes any legislation which will virtually all programs of interest to city govern-
diminish local control of cable television. ments. The League is quite clear, however, that
the General Revenue Sharing program is of vital
Municipal franchising authorities must have importance to all Minnesota cities. These cities
authority to establish requirements governing: utilize General Revenue Sharing to account for a
significant portion of their budgets. Since, in most
1) the provision of services and facilities, instances these funds are a part of the city's
operating budget, reductions in General Revenue
2) the set aside of system capacity for access use, Sharing leave cities no choice but to raise taxes or
reduce city services and personnel. Neither alterna-
3) rate regulation and franchise fees, tive is an acceptable method of dealing the in-
creasing needs of city residents for those services
4) purchase of cable systems, and given the loss of other urban assistance programs.
S) franchise renewal procedures and standards. Congress and the administration should resist
the temptation to use revenue sharing as a lever to
Additionally, state and local authority should obtain other governmental reforms at the local
be affirmed over intrastate matters such as the level. Revenue sharing should be a flexible, de-
enforcement and administration of franchises, the centralized program free of bureaucratic entangle-
construction and operation of cable systems, the ments. The dangerous tendency to impose dif-
grant of cable franchises, and the interconnection ficult procedural and other requirements is ap-
of cable systems within states. parent in the revenue sharing amendments of 1976.
Federal regulation of cable telecommunications FL-6. Community Development (B)
should be limited to matters of national concern
such as establishing minimum access standards, The CDBG program addressed long-term
minimum crossownership restrictions, minimum capital needs in our cities. For this reason, it
privacy standards, and standards for the inter- should be funded on a multi-year basis. LMC also
connection of cable systems between states. supports the simplification of the CDBG program
to permit an increase in flexibility for city govern-
Over 170 cities in Minnesota receive cable TV ments while retaining its focus on meeting the
service. Present state and federal law allows for the needs of low and moderate-income persons,
establishment of regulatory and service require- eliminating slums and blight, and responding to
ments through the competitive franchise process. urgent community needs.
Minnesota has already set up a workable process
which assures responsible local regulation in the It has been proposed that CDBG be folded into
awarding of cable franchises. This system allows a federalism program which would make a sub-
local communities to provide input into this stantial amount of funding available to the state
important community service. governments to fund city and other governments
for various purposes. LMC opposes the inclusion
FL-S. General Revenue Sharing (B) of the CDBG program in a general block grant
to the states. The direct federal/local relationship
The League supports General Revenue Sharing established in CDBG should not be diluted by
at a continued or increased level of funding. The interposing another layer of government nor
League opposes inclusion of energy severance taxes expanding the potential coverage of the CDBG
in the calculation of fiscal effort attributed to funds to make up for deficiencies in other pro-
the states in the derivation of state General Re- grams included in a state block grant but for
venue Sharing amounts. The League supports the which the overall funding is reduced.
provision of a requirement that the U.S. Treasury
Department undertake a thorough review and The Community Development Block Grant
analysis of the current distribution formula with program is an extremely important source of
respect to this and other concerns of cities as financial assistance to Minnesota cities. Funds
-31 -
from the CDBG program have often made the this program is a useful housing development
difference between redevelopment, development, tool presently available to cities, the League of
and stagnation in Minnesota cities. Without Minnesota Cities supports is continuation without
consideration of the importance of the General further restrictions.
Revenue Sharing program, the CDBG program is
the most significant source of federal funds for LMC is not convinced that the volume of
Minnesota cities. tax-exempt bonds is a significant factor in raising
municipal bond interest rates. The League, there-
FL-7. Federal Antitrust Legislation (B) fore, opposes any restriction on the volume of
mortgage revenue bonds. Further, LMC is not
LMC supports the amendment of federal convinced that restricting the mortgage revenue
antitrust laws to exempt any municipal action bonds will significantly reduce the federal deficit.
based on an affirmative municipal policy of replac- There i5 no assurance that the money presently
ing competition or monopoly service to protect the spent on tax-exempt mortgage revenue bonds
general public interest. would be spent on taxable securities in the absence
of mortgage revenue bonds. More importantly,
Community Communications Co., Inc. v. there clearly is a need for a federally funded
City of Boulder, 102S.C. & 835 (1982) removed housing program. Thus, elimination of mortgage
the state action defense to antitrust actions against revenue bonds would be offset by the costs of a
cities. That, at least, is the case when cities exer- new federally financed housing program.
cise police and other powers in the absence of
clear and positive state direction with attendant FL-9. Federal Labor Legislation (C)
supervision. Enactment of qualifying state
directives with attendant supervision would not The League is opposed to federal labor legisla-
only eliminate home rule, but would stifle discre- tion covering state and local employees.
tionary latitude which all types of cities have
traditionally exercised. If the United States Supreme Court determines
that federal labor legislation is constitutional, and
Therefore, federal legislative action to extend Congress finds it necessary to adopt some sort of
the state action exemption from antitrust action to law in this area, LMC believes the best alternative
cities offers the best opportunity for avoidance of would be to extend the provision of the National
burdensome litigation expense and the erosion of Labor Relations Act to cover public employers and
the independent policy making function of cities. employees in those states that do not have existing
labor legislation, allowing states the opportunity to
FL-8. Mortgage Revenue Bond Program (B) establish their own laws as the need arises.
LMC supports the continuation of the mort- In 1971, Minnesota adopted a comprehensive
gage revenue bond program in its present form. public employment labor relations act which
covers all public employees within the state. The
The mortgage revenue bond program encour- scope of the law is sufficiently broad to permit
ages the development of moderate cost rental free and extensive participation in the collective
housing, provides affordable mortgages for low and bargaining process by both the public employee
moderate income home buyers, and provides much and employer, including the right to strike for
needed funds for rehabilitation of cities. Because certain employees.
- 32 -
MEMO TO : John K. Anderson, City Admin.
FROM: H.R. Spurrier, City Engineer
RE: 1984 Curb, Gutter, Sidewalk and
Driveway Approach Replacement �
Program,
INTRODUCTION
Attgphed is Resolution No . 2232 , a Resolution authorizing bids
for the above referenced project .
BACKGROUND
In 1983 , this program was one of the most successful ever under-
taken by the Engineering Department primarily because of the
number of citizens that it helped and because of the unprecedented
response we received';
It is recommended that City Council adopt the attached Resolution
ordering the advertisement for bids for the 1984 curb,gutter,
sidewalk and driveway approach replacement program.
ACTION REQUESTED
Adopt Resolution No. 2232 , a Resolution approving the plans and
specifications for the 1984 curb, gutter, sidewalk and driveway
approach replacement program, improvement number 1984-2 .
HRS/bn
RESOLUTION NO. 2232
A RESOLUTION APPROVING THE SPECIFICATIONS AND
ORDERING THE ADVERTISEMENT FOR BIDS FOR
THE 1984 CURB, GUTTER, SIDEWALK AND DRIVEWAY
APPROACH REPLACEMENT PROGRAM
IMPROVEMENT 1984-2
WHEREAS , Henry R. Spurrier, City Engineer, has prepared plans
and specifications for curb, gutter, sidewalk and driveway approach
replacement program, Project No. 1984-2 and has presented such plans
and specifications to the Council for approval .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shakopee , Minnesota :
1 . Such plans and specifications , a copy which is on file
and of record in the Office of the City Engineer hereby
approved.
2 . The City Clerk shall prepare and cause to be inserted
in the official paper and in the Construction Bulletin
an advertisement"for bids upon the making of such
improvements under such approved plans and specifications .
The advertisement for bids shall be published for 10
days and shall specify the work to be done and shall
state that the bids will be received by the City Clerk
until 10 : 00 a ,m. on April 2 , 1984 at which time they
will be publicly ppened in the Council Chambers of the
City Mall by the City Clerk and the City Engineer or
their d6signated party will then be tabulated and will
be considered- by Council at 7 : 30 p .m. , or thereafter
on April 3, 1984 in the Council Chambers and that no
bids will be considered unless sealed and filed with
the City Clerk and accompanied by cash deposit , cashiers
check, bid bond, or certified check payable to the City
of Shakopee for not less than $5 ,000. 00 or 5% of the
the amount of the bid, whichever is greater.
Adopted in session of the City Council of
the City of Shakopee ,-Minnesota--Held this day of
1984.
Mayor of-the City -of Shia oc� pee
ATTEST:
City Clerk
Approved as to form this
day of ,- $+�-
�7'
Memo To: John K. Anderson, City Administrator
From: Gregg M. Voxland, Finance Director
Re: Resolution No. 2231
Date: March 1, 1984
The attached Resolution designates an additional depository for City
funds. Columbia is a large and stable savings and loan and the C.D. is
through Merrill Lynch. The C.D. is insured and was offered at a favorable
interest rate.
I recommend adoption of Resolution No. 2231.
GV:mmr
RESOLUTION NO. 2231
A RESOLUTION AMENDING RESOLUTION NO. 2203
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 provides that
cities may invest in time deposits.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that Resolution No 2203 is amended to include Columbia Savings and Loan
with a limit of' $100,000.QQ. as a designated depository.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1984.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1984.
City Attorney
C01) 5-6 17 / C
MEMO TO : Mayor and Council
FROM: John K. Anderson, City Admin.
RE: Municipal Caucus Position on
Local Government Aid (LGA)
for 1984 Legislative Session.
DATE: March 1 , 1984
INTRODUCTION
The Municipal Caucus now has 21 dues paying members . The
Caucus is meeting twice a month and preparing to deal with
several issues during the 1984 Legislative Session. One of the
key issues the Caucus will deal with is Local Government Aid
(LGA) .
LGA
After extensive discussions with the AMM, League of Cities ,
Municipal Legislative Commissions ( 14 Cities ) , the Minnesota
Association of small Cities (MAOSC ) and Legislative leaders it
is apparent that no changes in the local government aid formula
will be made in 1984. All local government aid action will be
focused on a joint 1House/Senate study committee that will be
started soon 'gfter the Legislative session and the Municipal
Caucus will be coordinating support from its member Cities so
that we can have the maximum impact on that joint study
committee .
The Municipal Legislative Commission, whose Cities have
been hurt the most; by the present local government aid formula ,
propoped that the formula at least be frozen in 1985 so they do
not receive another major cut . The Municipal Caucus members
concurred and voted unanimously at their February 28 , 1984
meeting to support a 8�andard resolution calling for a freeze
in the local government aid formula for fiscal year 1985 . This
will insure that` our ,Cities won' t receive additional cuts during
1985 when the Legislature finally takes action on a new aid for-
mula that undoubtedly ;would be slated for implementation in 1986 .
ALTERNATIVES
1 .
Adopt- the recommended fees resolution as attached .
Shakopee is slated fora cut in 1985 if the formula
is allowed to stand as is ; therefore , it is definitely
in our interest to push for a freeze in the current
formula . By the time Council acts on this Tuesday
night I expect that the Mayor wi1.1 be able to report
on AMM Board action of Thursday, March 1 , 1984, on a
similar freeze recommendation coming from the AMM
Revenue Committee .
2 . Adopt a Resolution that would match the recommendation
of the AMM. We will try to have a copy of this Resolu-
tion available at Tuesday' s meeting. There is some
Municipal Caucus Position on
Local : Government Aid (LGA)
for 1984 Legislative Session.
Page 2
March 1 , 1984
consideration in having a united front on the part of
Cities behind a freeze and allowing the AMM position
to become the "compromise" position that is drafted in
Bill form.
3 . Take no position on a freeze to the local_ government aid
formula for fiscal year 1985 .
RECOMMENDATION
I recommend Alternative No. 1 for the reasons listed above .
If the Mayor has new developments to report on Tuesday night,
Council may want to consider Alternative No. 2 as the preferred
coarse of action.
ACTION REQUESTED
Adopt Resolution No - 2230 recommending that the State of
Minnesota Local, Government Aid Formula be frozen for fiscal year
1985 , and directing the appropriate City Officials to forward
copies of said Resolution to the City ' s State Representatives
and the Municipal Caucus .
JKA/bn
RESOLUTION NO. 2230
A RESOLUTION RECOMMENDING THAT THE STATE OF
MINNESOTA LOCAL GOVERNMENT AID FORMULA BE
FROZEN FOR FISCAL YEAR 1985
WHEREAS, the local government aid formula does not distribute
aid in a systematic way that is fair because of continual piecemeal
modifications; and
WHEREAS , the local government: aid formula was changed in 1983
to affect the 1984 fiscal year because of inequities in the distribu-
tion to cities; and
WHEREAS, the 1983 changes in the local government aid formula
has caused an even more unfair distribution to cities; and
WHEREAS, allowing the formula to continue would cause another
unfair change in the redistribution for fiscal year 1985 ;
NOW, THEREFORE , BE IT RESOLVED that :
1. The State of Minnesota should freeze the formula affecting
fiscal year 1985 so that the formula does not again
redistribute aid even more inequitably.
2 . The Strte of Minnesota review and change the local government
aid fot,mu.la to be equiLable for the 1986 1`iscal year.
Adopted in session of the City Council of the
City of Shakopee , Minnesota head this day of ,
1984.
Mayor of the City of Shakopee
ATTEST :
City Clerk
Approved as to form this
day of , 1984.
City Attorney
/UC/
MEMO TO: Mayor and Council
FROM: John K. Anderson, City Admin.
RE : Request of the Minnesota Jaycees
to Locate a Statewide Office in
Shakopee .
DATE : March 1 , 1984
INTRODUCTION
Council members are reasonably well acquainted with the
State Jaycee ' s efforts to build a State Office that they own
outright . Council is also aware that several Cities are com-
peting to secure the Jaycees State Office . We have been in-
formed by the, Jaycees that the City of Burnsville , through its
local Jaycee Chapter and/or the Chamber of Commerce , is submitting
a proposal on March 8th.
SHAKOPEE PROPOSAL
Council is aware that the Jaycees have settled on two lots
immediately east of the Library as their preferred site . Staff
has been pulling information together regarding this site ; how-
ever, because of the impending proposal by Burnsville there is
a need for Council action Tuesday night , March 6th. I have
talked with Phyllis Hussong and Dave Lindberg of the Jaycees
and a Resolution outlining the Shakopee proposal is essential
if we hope to put a proposal on the table by March 8th.
Council has discussed the possible sale of the property in
question to the Jaycees for the City' s original acquisition cost .
In addition, the City needs to acquire or obtain an option on the
triangular piece of property between the two lots in question and
the alley to the north. The City has initiated contacts with
Northwestern Bell regarding that acquisition, but it will be
difficult to expedite that process . Therefore , it appears that the
best we can do is state in the Resolution the Shakopee proposal
regarding acquisition cost and the level of participation by the
Shakopee Jaycees .
I have talked to the Shakopee Jaycees and confirmed that
they are willing to contribute up to $10,000 for the State Office
if it is located in Shakopee . The impact of this contribution
will be diminished by land costs of $6 , 854. 18 to $25 , 246 . 60 if
the City sells the land to the State Jaycees . The City currently
owns most of Lots 4 and 5 of Block 29 , but Northwestern Bell owns
the N.E. corner which may cost from $1 , 688 . 74 to $20,081 . 25 . I
have suggested that we sell the property to the local Jaycees at
cost so that they can make a package presentation to the State
Office . Of course, our offer to the local Jaycees would be con-
tingent upon the sale of the property to the State Jaycees for
the construction of a State Office .
/6
Request of the Minnesota Jaycees
to Locate a Statewide Office in
Shakopee .
Page 2
March 1 , 1984
Attached is a copy of the proposed Resolution. It has
been reviewed by City Legal Staff , the State Jaycees and the
local Jaycees and is acceptable to all parties .
AD HOC DOWNTOWN COMMITTEE REVIEW
At its February 29 , 1984 meeting, the Ad Hoc Downtown
Committee received a presentation regarding the Jaycees State
Office Plans . The Committee Consultants were present and
participated in the discussion regarding the location of new
commercial office space of the preferred site . The Committee
unanimously passed a motion supporting the preferred site as
a location for a State Jaycees Office that would compliment
the downtown redevelopment efforts with the understanding that the
Committee would have the opportunity to review and approve the
proposed plans to assure compliance with downtown design standards
now under consideration.
The Consultants and the Committee seemed genuinely enthused
about the City ' s efforts to secure the State Jaycees Office for
Shakopee . They also felt that this type of office use best fit
the fringe of the area identified for major retail activities .
ALTERNATIVES
1 . Approve the attached Resolution supporting a City of
Shakopee and Shakopee Jaycees proposal to the State
Jaycees for a location for their State Office . The
benefits in the City receiving such an Office would
be as follows :
A. The Office would employ 7 full and part time
personnel , B. The focus of approximately two
meetings per week with a regional draw and
provide meeting space that would be available
to other organizations in the community.
Furthermore, it would provide a non-public
improvement in our efforts to get the downtown
development off the ground.
2 . Approve the attached Resolution supporting the location
of the State Jaycees in Shakopee , but in a modified form
after Council discusses all the pros and cons . Council
may wish to consider any precedent they would establish
in helping (write down) the cost of development by
selling land at City cost to a non-profit organization
which will not be paying taxes (note the property in
question is currently off the tax roles ) .
t L�
Request of the Minnesota Jaycees
to Locate a Statewide Office in
Shakopee .
Page 3
March 1 , 1984
3 . Withdraw from the competition for the State Jaycees
Office and let the local Jaycees put together a
package for Shakopee .
RECOMMENDATION
Staff recommends Alternative No . 1 based upon the action
of the Ad Hoc Downtown Committee, our desire to get the Downtown
redevelopment project underway, and the potential outside business
that such a statewide office might bring to Shakopee .
ACTION REQUESTED
Approve Resolution No . 2233 stating the joint proposal of
the City of Shakopee and the local Jaycee Chapter in proposing
a site for the State Jaycees Office in Shakopee .
JKA/bn
KEY FOR ATTACHED MAP
Parcel A - RR R-O-W in lots 4 and 5 , Block 29
10 ,454 sq. ft . x 44. 15 ¢ per square foot = $4,615 .44
Parcel B - Restof RR R-O-W in Block 29
A + B = 22 ,650 sq. ft . divided into $10 ,000 =
44. 15 ¢ per square foot
Parcel C - portion of Lot 4, Block 29 South of RR
cost $550 divided by 1966 sq. ft . _ . 2798 $ per square foot
Parcel D - portion of Lot 5 , Block 29 South of RR
795 sq. ft . acquired from State of Minnesota at no cost
to the City
Parcel E - portions of Lots 4 and 5 , Block 29 North of RR
3825 sq. ft . x .4415 ( $ per sq. ft . ) _ $1 ,688 . 74
T Range
3825 sq. ft . x 5 . 25 ( $ per sq. ft . ) _ $20 ,081 . 25
Cly
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