HomeMy WebLinkAbout01/06/1987 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: December 26, 1986
1• It has been brought to our attention that people will be
able to play Black Jack at Canterbury Inn. After
investigation by city staff it has been learned that the
activity is legal because there will be no prizes. A
gambling license is required only when there is a game of
chance and there is a reward of some worth.
2• Attached is a memorandum from Tom Brownell regarding
enforcement of calendar parking on streets with parking
restricted to one side.
3 . Attached is the notice for the League of Minnesota Cities
conference for newly elected officials on Saturday, January
31, 1987.
4. Attached is an excerpt from the League of Minnesota Cities
magazine entitled "Tips for Newly Elected Officials" . The
article is also an easy way for all CouncilmemhPrc
their role as
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12 . Attached is a project status report from the City Engineer.
13 . Attached is a letter from the County Highway Engineer Brad
Larson regarding safety improvements at the intersection of
CR 16 and 83 .
14 . Attached is a memo from Gregg Voxland regarding an old fire
rescue truck.
15 . Attached is a memo from Marilyn Remer regarding the 1987
group health renewal rates.
16 . Attached is a memo from Scottland regarding the Starwood
Music Center.
17 . Attached are esvinaseveralrofttheir insuranceional items oprogramsLeague
regarding Chang
18 . Attached is a letter from the
Dratioregarding Permit 79-6016 ,
Prior Lake outlet, Channleso
19 . Please come to the Januar 6th meetin with n.
a list of 7
nPnnle you would recommend^to be2'.t. edeareosomeeguidelines
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Calendar Parking
DATE: December 22 , 1986
INTRODUCTION
On December 16 , 1986 , Council directed the department to
discontinue issuing calendar parking tickets to persons
parking on streets where parking is restricted to one side
the street until it gets an answer.
BACKGROUND
To my knowledge no tickets during the past three years hav
been issued to persons parking on streets where parking is
prohibited on one side of the street.
DEPARTMENT ACTION
Officers will be directed not to issue calendar parking
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Conference for NE
Saturday, Januar
Marriott, Bloomir
Calling
Soon you'll be taking office
for newly elected officials.
Topics
• Survival tactics for the newly elected
official
• Councils-what they can and cannot do
• Open Meeting Law and Data Prac-
tices Act
• Personal liability, conflict of interest
• Governing your city-getting a good
start
budgeting and finance
planning
personnel and labor relations
s all newly
0
cials .
;e. Make it your first move to atter
Pre-conference seminars
,d for newly elected and
veteran officials
o (Sponsored by Government Training
C_ Service and Women in City
Government.)
�d Ethics and public leadership
All-day workshop — Friday, January
30
Explores ethical aspects of public
policy in general and real-life city situa-
tions in particular. Using ethical crite-
ria, participants will work through a
series of exercises and tackle the chal-
lenge of maintaining personal and
municipal integrity.
Enhancing your effectiveness
within the city team: How to
develop good relationships with your
council colleagues, staff and
commissions.
Evening program — Friday, January
30
A look at real and ideal scenarios,
focusing on issues of communication,
authority, roles, expectations and coop-
eration. Through presentation and
small-group exercises participants will
learn ways to make the governance
process as smooth as possible.
-s Registration
The registration fee for the Newly
Elected Conference is $45/person
including lunch. Pre-conference semi-
Ing nays are extra. Hotel rooms are $50
ity single or double occupancy. Please do
not make hotel reservations until you
receive brochures.
iry Complete registration brochures will
be available from your City Clerk in
)lic mid-December or call the Government
ia- Training Service, 202 Minnesota Build-
te- ing, 46 East Fourth Street, St. Paul,
a MN 55101, 612/222-7409 or toll free
jal- 800/652-9719 for a personal mailing.
lid
From the Meld
Tips for newly elected officials
"I've been elected, now what?" Get to know your city's staff. Ac
Each year local elections bring new Begin with the administrator, city polic
faces to the scene of city government clerk, or manager, and the department have
in Minnesota. While many new mayors heads — the key personnel who carry trial
and city council members are well out policies on a day-to-day basis. They may
prepared for their duties, many ask, make sure your city's staff provides haulh
"What do I do now?" the best public services in all depart- oper,
In most cities new council members ments. A good relationship here will meth
take office early in January. Terms are help insure that the citizens in your city do th
generally from two to four years. benefit from your good judgment in M.
Home rule charters may call for one- setting policy. and(
year terms. However, these are rare. Many cities have an orientation for man}
In preparing for a term in city gov- newly elected officials which is gener- give:
eminent, the official must recognize ally a broad overview of the functions olog}
that the office carries a great deal of of their city including the finance, public ers 1
responsibility. The newly elected offi- works, public safety, and other depart- activ
cial should feel privileged to serve ments, as well as city enterprises. It abou
constituents at the local "grass-roots" often includes a tour of the physical certa
level of government. facilities of the city. If
The new official should become If your city doesn't have an orienta- you
familiar with council meeting proce- tion program, it might be well to imple- file c
dures. After the elections each year, ment one. A first-hand inspection is the bene
the League of Minnesota Cities pro- best way to acquaint new officials with leave
vides newly elected officials in member a city's operations. While small cities' withi
cities with basic information regarding operations might not be as involved for F
city government and how it attempts compared to larger cities, the city wate.
to serve its citizens. council will still need a first-hand knowl- depe
Here are some points newly elected edge of what makes things tick. tion c
officials may find useful. makE
Tr
Test your knowledge plan"
has r.
To f
recok
How soon after a city decides to nity,
some
0 establish a municipal liquor store State
may it pass an ordinance and M�
actually begin operating the store? Bove,
care,
Long
scrut
Find out next month when Minnesota Cities will answer this question and ask time
another. Or, you can answer the question yourself if you have a copy of the cities
fourth edition of the Handbook for Minnesota Cities. The answer is on page mere
221. The Handbook is an invaluable aid to cities and is available to League age'
members for$20. regar
equil
Last month's question: State law requires certain city officials to furnish incres
bonds. Must they furnish individual bonds, or is a blanket bond sufficient? budg(
financ
Answer: Blanket bonds may be used to cover all officials and employees
except those required by statute to furnish a bond. Consequently, a blanket Tr,
bond would not cover the clerk, treasurer, assessor, or deputy assessor. takin
(Handbook for Minnesota Cities, p. 128.) motto
December 1986
Thomas H. Thelen
ff. Acquaint yourself with current
ty policy. Many of your city's policies
int have evolved over the years through
ry trial and error. While some methods
ey may appear to need an immediate over-
es hauling, it might pay to watch the
rt- operation for a while before trying new
All methods. Don't seek change simply to
ity do things differently.
in Many cities have an "SOP" (Stand-
ard Operations Policy)file which covers
'or many of the city's daily operations and
�r- gives the rationale for certain method-
ns ology. An SOP file can give policymak-
lic ers background information on city
rt- activities, and can eliminate questions
It about why the city does things in a
al certain way.
If your city doesn't have this file,
:a- you might want to develop one. The
le- file could include council salaries and
he benefits, employee vacation and sick
th leave policies, purchasing procedures
�s' within departments, use of city vehicles
ed for private use, and how to run the
,ty water plant. What goes into the manual
vl- depends on the imagination and percep-
tion of those preparing it. A good index
makes the document easy to use.
■ Try to help shape the long-range
plans of the community. If the city
has no long-range plans, find out why.
To function effectively a city should
recognize its role to the local commu-
nity, the region, or in the case of the
some cities, to the citizens of the entire
state.
Many activities, including general
government, finance, recreation, health
care, and public safety, need plans.
Long and short-range plans come under
scrutiny especially at budget-setting
time each year. Unfortunately, many
cities still operate without a budget,
merely measuring next year's needs
against the current year's without any
regard to capital needs, replacement of
equipment, how revenue source
increases or decreases will affect their
budgets, or other factors that will affect
financial planning for the coming year.
t Try to reach a consensus before
taking a vote. When discussing a
motion at council meetings, be willing
13
to offer amendments if they will n
the motion more acceptable. A
early votes that lack the real suppoi
the council and could lead to unne,
sary "I told you so" situations. T
e agreement on every issue isn't neces-
d sary, but an amendment to secure
better support of the body's members
generally will be beneficial.
al
. Avoid making commitments to
constituents on issues that require
action of the whole council or on
issues about which you are not
well informed. Conduct business at
your meetings as much as possible.
This allows people to bring their claims
before the council and allows the city a
proper response.
Leave the day-to-day activities of
running your city to the staff. Mon-
itor staff performance and require effi-
ciency, but try not to be meddlesome.
Make changes only through actions of
your entire governing body and your
personnel morale will remain high.
Be imaginative. There's no law
against dreaming a little. Share your
ideas with others and build onto them.
New innovations are necessary in the
public sector whether in planning or in
actually carrying out the actions of your
unit of government.
Don't be afraid to ask questions.
Find out why and how the city does
things, especially when "they've
always been done this way." There
may in fact be a better, less costly
method.
Don't be afraid that asking questions
might make you appear ignorant. After
a time you'll see that most of your
questions are relevant and that you do
have good judgment. This is especially
true when dealing with consultants.
Their comments and jargon may seem
very foreign at first. However, if you
don't know what consultants are say-
ing, how can you benefit from their
expertise?
Ask the consultants to explain things
in laymen's terms. If a consultant can-
not put comments into understandable
language, hire a different consultant.
Often, the questions councilmembers
fail to ask become problems in the
future.
Seek advice of previous elected
officials who you feel were suc-
cessful council members. Successful
doesn't always mean popular. Many
r successful officials have had to make
�t hard decisions to insure that necessary
s- services could continue or new ser-
e vices could begin.
-s When you need to make tough deci-
sions, analyze the issue and make a
tentative decision. Occasionally run
.o these decisions by the former offi-
•e cial(s). You'll soon be able to gauge
n your judgment. But remember, only
)t you can make the final decision. That's
at what you were elected to do.
0
is Be cautious in delegating actions
a to committees. A surefire method for
indecision is to delegate an action to a
committee without placing a deadline
Df on the committee's recommendation to
n- the council.
fi- Committees are necessary when the
e. council hasn't the time to consider the
of issue in depth or when it needs com-
er munity expertise or involvement. How-
ever, the council must closely monitor
committee progress for the process to
w work effectively.
ur
n. Don't fear written agreements
ie and contracts. Cities need to conduct
in public business with as little misunder-
ur standing as possible. A simple well-
written contract or agreement can
avoid misunderstanding and anxiety. It
�s. is not an indication of distrust, but
es rather a reminder of what the parties
7e owe to each other.
re
tly Don't be a "know-it-all." The
very best official needs to seek training
ns and knowledge. At budget time Gon-
er sider the training needs for city officials
ur and staff for the coming year. If funds
do are limited, prioritize the training.
Hy Authorize training sessions for those
:s. who can in turn act as trainers. This
mm will stretch your training dollars consid-
ou erably.
Y_
sir Give full attention to all issues
before the council. If you ran with an
gs ax to grind and got elected, remember,
m- your community deserves your full
)le attention to all issues. Over a term of
it. office, hundreds of issues will come
!rs before your governing body. Many
he decisions will have long-lasting and
costly implications.
As a newly elected official you are
ed indeed privileged to be serving the
ic- greatest constituents in the world.
ful Conduct yourself to bring pride to
ny yourself, your family, and your com-
ke munity. Serve your office, don't use it.
iry Good luck during your term. ■
Minnesota Cities
CANTfROURr.
D O W N S RECEIVED
December 10, 1986 DEC 1 21986
Mayor Eldon Reinke and CITY OF SHAKOPE
Members of the City Council
City of Shakopee
129 E. First Avenue
Shakopee, MN 55379
RE: Results of 1986 Season
and Program for 1987 Season
Dear Mayor Reinke and
Members of the City Council:
Enclosed please find a document which we filed with the
Minnesota Racing Commission that summarizes the result of
the 1986 program and the program for 1987.
We are pleased with the results of thoroughbred racing in
1985 and 1986 and we believe that with the adjustment to the
racing schedule and pari-mutuel takeout as discussed in the
enclosed document, that the future for Canterbury Downs and
the City of Shakopee as it relates to Canterbury Downs Will
improve dramatically.
If you have any questions or concerns regarding this s
document or otherwise, please call me at 937-77001 or Br°oK
Hauser at 937-3500, or Bruce Malkerson at 445-3242 .
As I have stated to you numerous times before and state
again, thank you for your cooperation.
Sincerely, -6
W. Brooks Fields
Chief Executive Officer and
President
WBF:ap
Enclosure
C.C. John Anderson, City Administrator
Canterbury Downs/1100 Canterbury Road/P.O. Box 508/Shakopee, Minnesota 55379/(612) 445-/223
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Mr' Ray Eli @�
Minnesota °t• Chairman
11000 W. Cing Commission
Eden Prairaeh Street Minnesota U155344te i
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Dear Fl
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Per the
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1986 CANTERBURY DOWNS FINANCIAL REPORT
Prepared for Minnesota Racing Commission
December 101 1986
i
TABLE OF CONTENTS
Introduction 1
Overview 2
1986 Results 5
Plans for 1987 9
INTRODUCTION
In 1985, Canterbury Downs began a partnership with the
people of Minnesota founded in a mutual desire to build a
successful horse racing industry in Minnesota.
Over the first two seasons of horse racing in Minnesota our
partnership has achieved some notable successes :
(1) Average daily attendance in our inaugural season of
1985 ranked in the top ten of all Thoroughbred tracks
nationally.
(2) 'In 1986, Canterbury Downs achieved national prominence
by exceeding all but three states with .eight 20, 000
plus crowds .
(3) Thoroughbred racing supported 3,000 jobs at Canterbury
Downs and provided the foundation for the fledging
Minnesota Thoroughbred industry.
(4) Attendance jumped from 1.1 million in 1985 to 1.4
million in 1986, a 27% increase.
(5) Total gross revenue (total handle) was $133.7 million
a 59% increase from $84.2 million wagered in 1985.
(6) The per capita handle increased from 177.08 in 1985 to
$95.95 in 1986, an increase of 25%.
However, as in any partnership, there are areas we need to
strengthen. In 1986, operating results were far below our
expectations and well below the levels necessary to sustain the
track as a viable economic entity over the long term.
Canterbury Downs will report a 17.9 million loss for 1986. The
severity of this situation demands immediate action and we
propose the following three-step approach:
(1) Owners are to provide $14 million of additional
private funding
(2) Thoroughbred racing dates need to be maximized and
increased to a 122-day meeting in 1987. Our fans
speak at the turnstile and they want Thoroughbreds ;
and,
(3) An equitable and competitive reapportionment of the
pari-mutuel takeout must be completed.
-1-
OVERVIEW
We knew 1986 was going to be a year of growth and
learning. We were expanding our racing season from 83 to 160
racing days (subsequently reduced to 153) . We were racing in
spring and late fall for the first time. And, we were making a
substantial investment in honoring our commitment to introduce
two new racing breeds to the people of Minnesota.
We entered the year with considerable optimism. We had
finished 1985 with a strong indication that Minnesotans were
pleased with their brief introduction to horse racing.
Our daily average attendance of 13,163 ranked Canterbury
Downs in the Top Ten of all Thoroughbred tracks in just our
first year of operation. We surpassed such long-established
tracks as Churchill Downs, Louisiana Downs, Aqueduct, Bay
Meadows and the Chicago tracks, all with fan bases built
through years and years of operation.
We responded to the well-publicized demands of a majority
of our patrons and horsemen with $12 million in improvements
for additional stabling, seating -and other patron amenities.
The economic contributions to the State of Minnesota and
the local area resulting from the development of Canterbury
Downs have been substantial in just two short years :
(1) The breeding of racehorses alone has grown from
approximately 250 in 1984 to 800 in 1986, to more than 1, 000
next year for the three breeds that have run at Canterbury
Downs ;
( 2 ) In addition to the $80 million Canterbury Downs
facility, an additional t30 million of new construction has
been completed in just the Shakopee area ;
( 3 ) Many horse breeding and training facilities throughout
the State are being developed or enlarged every day;
( 4 ) During the Thoroughbred season at Canterbury Downs
alone , 3 , 000 jobs become available on site;
( 5 ) Thousands of additional ancillary jobs result from the
horse racing ' industry;
( 6 ) The biggest contribution to the economic impact of
horse racing in Minnesota has come from the Thoroughbred
horsemen and breeders . During the 95-day Canterbury Downs
season, horsemen paid more than $12. 5 million in on-track
training costs , including t2 million in Minnesota produced
agricultural products alone. An additional $2. 5 million was
spent on veterinary care, shoeing, shipping and lay-up care of
horses for a total of more than tlS million in goods and
services taxable in Minnesota for the six months of racing at
Canterbury Downs .
( 7 ) The City of Shakopee has received more than *225, 000
in admissions taxes in two years and experienced an increase in
land value of more than a $44. 5 million from only the property
immediately surrounding Canterbury Downs. More than 140 new
commercial and industrial permits have been granted and
Shakopee has approved more than 320 housing starts in the last
two years _
(8 ) In addition, gross retail sales have increased 26$
from 1983 to 1985_ Shakopee currently ranks above St _ Paul and
Duluth in retail sales per capita, showing the positive effect
of tourism on the area_
-3-
We now have one abbreviated and one full racing season
behind us. Based on the information and expert projections
available to us before we ever opened the doors, we budgeted
for profit, built and expanded to an $80 million facility, met
patron demands by adding grandstand seats and other amenities,
brought major-league racing to Minnesota and offered three
breeds an opportunity to present their type of racing to the
public.
Throughout the entire process, the owners of Canterbury
Downs have stepped forward with their private financial
resources and taken major financial risks to make Canterbury
Downs into one of America's leading racetracks.
For the owners of Canterbury Downs, 1986 clearly has been a
year of major disappointments. Despite these poor operating
results, the owners again have demonstrated their commitment to
the development of the racing industry in Minnesota by
providing an additional $14 million in 1986? With this
infusion of capital as a base, the adoption of a 122-day
Thoroughbred season and the reapportionment of the pari-mutuel
takeout, we will have a solid foundation upon which to continue
building horse racing into a major Minnesota industry.
Results for 1986
Canterbury Downs expects to report an estimated operating
loss of $7. 9 million for the year ending December 31, 1986 .
(See Attachment A) These operating results can be summarized
as follows :
Operating Revenues $37, 661, 518
Less : Distribution (18, 772, 508)
Operating Costs (19, 960, 967)
Net Operating Loss ( 1, 071, 507)
Interest and Depreciation ( 7, 681, 113 )
CQnce'ssions Income 837, 720
Net Loss $(7, 914, 900)
Although there were many factors that contributed to the
Track ' s disappointing results, such as poor weather, flooded
roads and bridges, fan inexperience and new racing breeds (see
Attachment B for operating results by breed) there were four
major factors which overshadowed all others in their impact on
the Track ' s results.
1. Purse Overpayment
The biggest single expense item contributing to our
loss is the overpayment of purses . Of our total net loss of
$7.9 million, $3 .1 million can be attributed directly to
overpaying purses for all three breeds .
The overpayments by breeds were :
Thoroughbreds $2, 747, 114
Due from horsemen 518, 443
To be expensed 12, 228, 671
Quarter Horse 89, 329
Harness 835, 503
Total 1986 Expense 13, 153, 503
-5-
There is little dispute that the quality of horses is key
to long-term success . The better horses attract greater
publicity. Greater publicity helps build larger crowds.
Larger crowds generate more wagering which, in turn, determines
the purses and higher purses attract quality horses. It is a
cycle as old as racing itself and it is more evident than ever
today with the increase in the number of racetracks across the
country.
In order to recruit horses to come to Minnesota, it became
apparent early in our development that we would have to
supplement purses to be competitive. with tracks of similar size
and quality of racing.
Even at the level Canterbury has overpaid purses to date,
the track still ranks in the lower echelon of the tracks with
which we are competing for horses and stables each summer (see
column 2 below) .
Column 3 graphically illustrates the shortcomings of the
Minnesota statute earmarking 5% of the handle for purses. If
the tracks indicated below were paying purses at the Minnesota
legislated rate, they would be offering purses approximately
25-40% below their current levels .
1 2 3
Minn. Statutory
Avg. Handle Daily Purses Equivalent
Ak-Sar-Ben (Ne) $1, 792, 547 $112,133 $ 89, 600
Churchill Downs (Ky) 1,284,960 111,890 64, 250
Detroit (Mich) 661,150 54, 677 33, 000
Louisiana Downs (La) 1,8351061 124,905 91, 750
Philadelphia Park (Pa) 951, 233 92,940 47, 561
Arlington Park (Ill) 1, 2610' 784 110, 846 63,089
Monmouth Park (NJ) 1, 620,022 137,157 81, 001
Pimlico (Md) 937, 442 86,152 46, 87,2
Canterbury Downs 100140588 830068 50,700
(Figures for 1985)
J
Canterbury Downs paid the price to bring major-league
racing to Minnesota because of our conviction that the
Minnesota market place would accept nothing less. We complete
in an arena offering the highest level of quality in
professional and collegiate sports, the theatre, the arts and
other entertainment spectacles.
2. Drop off in handle after Thoroughbred Racing was
discontinued on September 1st
In 1985 , Tnoroughbred racing in September and October
averaged $1, 101, 932 in daily handle.. In switching to Quarter
Horse and harness racing for the same corresponding period, the
track averaged only $439, 425 per day, a decline of more than
60% to $650, 000 per day.
3. Operating losses from Harness Racing
With a daily average attendance of only 3,874 per day
during the 1986 harness meet, Canterbury Downs lost more in
direct operating costs by racing than if the facility had stood
empty.
4. State Pari-mutuel Taxes in excess of current industry
average
As is displayed by the following schedule the rate of
pari-mutuel tax is one of the highest in the country. To tax
Canterbury Downs at such a level in light of its early phase of
development and particularly in light of the operating results
to date threatens to destroy the industry before it has had a
chance to really develop.
1986 EFFECTIVE PARI-MUTUEL TAX RATES
New Jersey .50%
Maryland .50%
Arizona 1.00%
New Hampshire 1.00%
Pennsylvania 1.50%
Illinois 2.00%
Ohio 2.50%
Kentucky 2.75%
Massachusetts 3.00%
Florida 3.30%
Michigan 4.00%
Washington 4.00%
Louisiana 4.00%
Nebraska 4.25%
New York 4.37%
Minnesota 5.10%
California 5.70%
Arkansas 5.91%
-8- _.
PLANS FOR 1987
Because of the substantial losses of 1986, Canterbury Downs
has designed a program for 1987 which will help to make the
track profitable and insure a viable future for the horse
racing industry in Minnesota. The program is divided into two
parts :
(1) Owners are providing t14 million of additional private
funding;
(2) A 122-day Thoroughbred season which maximizes the
track ' s revenue potential, solidifies the Thoroughbred
breeding industry, offers the greatest number of job
opportunities in the industry and encourages potential
new development and expansion of ancillary businesses ;
and,
(3 ) An equitable and competitive pari-mutuel takeout which
will provide additional funding for the Minnesota
breeders, purses and the track itself to encourage
further growth and development of the horse racing
industry.
The health and success of .the horseracing industry in
Minnesota hinges on the economicviability of Canterbury
Downs. If the industry is to grow and prosper, eventually the
track also must be in a position to show a profit.
After two years of experience, it has become apparent that
the patrons, who in reality determine the success of the entire
industry through their attendance and wagering, have spoken
clearly in favor of Thoroughbred racing. Attendance and
wagering levels for Thoroughbreds- were high enough to
contribute to the paying of operating and fixed costs and
thereby contribute to the financial viability of the track.
The experience of the Thoroughbreds in September and early
October in 1985 indicate there is an interest in supporting
horse racing in the fall. By extending the Thoroughbred season.
to 122 days through September and early October of 1987, the
drop off of more than $650, 000 in daily average mutuel handle,
as experienced in 1986 during the Quarter Horse and harness
seasons, can be avoided.
However, the conversion to a 122-day Thoroughbred season
cannot alone resolve all of the financial realities which must
be addressed. Certain changes in the pari-mutuel takeout also
are ne!cessary.
t
The State of Minnesota and Canterbury Downs share in the
success and failure of the racing industry. The State licenses
the operation and currently benefits substantially in the
track' s gross revenues, even though the track, unlike most
sports venues, was built solely by private funds.
Canterbury Downs serves as the foundation for a major new
industry, which, while still in its infancy, already is
regarded as a. $150 million industry. The pari-mutuel tax paid
directly from wagering to the State of Minnesota represents
only a small portion of the revenues generated by the track' s
existence and the industry it promotes.
. Under current law, the State in 1986 received a blended
rate equal to approximately 5% of monies wagered at Canterbury
Downs . The top-end of Minnesota's tax rate is 6%, one of the
highest of any racing state in the country. The distribution
formula was established prior to the beginning of racing, based
on the best available calculations and projections.
Speculation now can be replaced by two years of actual
experience.
Now that wagering levels can be projected on the basis of
actual market response, it is clear that the State of
Minnesota ' s pari-mutuel tax so reduces the likelihood of
profitably operating a major-league racing operation in the
formative years that it endangers the entire racing industry.
Thus, Canterbury Downs will seek a reapportionment of the
takeout to insure the viability of the track and the future of
one of the state ' s newest and brightest industries.
Excessive pari-mutuel taxes in other states similarly have
jeopardized the racing industry. Many states, including those
directly competing with Minnesota, have adjusted their share of
takeout to strengthen the financial condition of racetracks and
the entire racing industry.
In summary, it was never the intent of the racing statute
that the State ' s primary benefit from the racing industry would
come in the form of pari-mutuel tax. Rather, that tax pales in
comparison to the positive economic impact derived through the
creation of jobs, increased sales, payroll and property taxes,
as well as income from increased tourism and new industry.
If we are able to complete our three-step program, the
track should be able to break even in 1987. Attached is a
forecast of 1987 results based on the success of our three-step
program.
MINNESOTA RACETRACK, INC. ATTACHMENT A
CAMERBLRY D04NS
PROJECTED OPERATIONS
1986
PROJECTED
DESCRIPTION TOTAL
1 OPERATING STATISTICS:
2 RACE DAYS 153
3 AVERAGE DAILY ATTENDANCE 9,083
4 AVERAGE DAILY HAllaE 5869,337
5 PER CAPITA WAGER M.72
6
7 REVERIES:
8 PARI-4UTUEL 527,286,570
9 ACM ISSIONS 6,636,509
10 PARKING 1,502,786
11 6C1 RENT 2,121,518
12 OTHER 114,135
13 i
14 TOTAL REVERIES 37,661,518
15 DISTRIBUTIONS:
16 PURSES 9,694,731
17 PARI-4dtM TAXES 5,908,676
18 BREEDER'S FUND CONTRIBUTIONS 1,086,697
19 BREAKAGE TO STATE 751,355
20 ADMISSION TAXES 665,556
21 SAMA ANITA MANAGE.1fENT FEE 665,042
22
23 TOTAL DISTRIBUTIONS 18,772,058
24 OPERATING EXPENSES:
25 SALARIES, WAGES & BENEFITS 7,887,125
26 TOTE AND OTHER EQUIPMENT RENT 1,028,867
27 SERVICES CONTRACTED 1,322,142
28 MATERIALS & SLPPLIES 255,014
29 PROFESSIONAL SERVICES 1,393,009
30 MARKETING 1,188,367
31 PLANT 694,380
32 REAL ESTATE TAXES 2,200,000
33 INSURANCE 1,505,434
34 UTILITIES 835,534
35 OTTER 1,041,095
36
37 TOTAL OPERATING EXPENSES 19,550,967
38
39 NET OPERATING INCOME (LOSS) (1,071,507)
40 NOR-OPERATING INCOME (EDTENSES):
41
42 INTEREST EXPea, NET (4,339,315)
43 DEPRECIATION & AMORTIZATION ;(3,341,798)
44
45 TOTAL NON-OPERATING =.UE (E)TENSES) (7,681,113)
46
47 NET LOSS - RACING (8,752,620)
48 NET INCOME - MC'SSIM . 837,720
49
50 COMBINED NET LOSS ($7,914,900)
51 ��-
52
ATTACHMENT B
J
CANTERBURY DOWNS
ESTIMATED INCOME(LOSS) BY BREED FOR
THE YEAR DOING DECEMBER 31, 1986
OFF SEASON MWTER HORSE HARNESS h RED TOTAL
REVENUES $19,590 $1,458,805 $5,189,298 $30,993,824 $37,661,518
DISTRIBUTIONS AND
EXPENSES (4,036,077) (1,776,696) (7,829,954) (25,090,28) (38.733,025)
INTEREST EXPENSE (1,630,184) (158,553) (880,893) (1,669,685) (4,339,315)
I
DEPRECIATION AND
AMORTIZATION (1.282,518) (135,968) (730,817) (1,192,495) (3,341,798)
NET INCOME (LOSS) - RACING (56,929.189) ($612,411) ($4,252,366) $3.041.346 ($8,752,620)
........ � ��
NET INCOME - CONCESSIONS 837,720
CANTERBURY DOY
PROJECTED 1987 CPE
DESCRIPTION
RACE DAYS
PROJECTED AVERAGE DAILY ATTENC
I AVERAGE DAILY HARIE
I PROJECTED PER CAP WAGER
REVE4JES:
PAR I-64ma
ADMISSIONS
PARKING
W 1 RENT
OTrFR
TOTAL REVE4UES
DISTRIBUTIONS:
PURSES
PARI-?41M TAXES
BREELER'S FIJV. CONTR I BUT I ONS
BREAKAGE TO STATE
ADMISSION TAXES
SANTA AN ITA NAllAGSENT FEE
TOTAL DISTRIBUTIONS
OPERATING EXPENSES:
SALARIES, KAGES & BENEFITS
TOTE AND OTHER EQUIPMENT RENT
SERVICES CONTRACTED
MATERIALS & SLPPLIES
PRCFESSIONAL SERVICES
MARKETING
PLANT
REAL ESTATE TAXES
INSURANCE
UTILITIES
OTHER
TOTAL OPERATING EXPENSES
NET OPERATING INCOME
NON-OPERATING INCDk (EXPEXSES):
INTEREST EXPENSE
CEPRECIATICN & AMCRT1ZATICN
TOTAL NON-AERATING INC.)) (EXPE
NET LOSS-RACING
NET IHCClf- CONCESSIONS
CC),B I NED I t4; k
TOTAL
122
12.`00
$1,312,500
5105.00
S32.665,SOO
6,862,500
1.617.500
2,287,5X
0
43,493,000
12,810,000
800,625
1,601,250
0
686,250
800,625
16,698,750
7,757,000
867,791
1,098,861
266,727
1,050,163
1,627,752
716,456
2,200,000
1,503,877
839,241
980,985
18,908,853
7,885,391
(5,433,592
(3,420,000
(8,853,592
(968,201
1,116,500
$148,223
Scott County Transuortati
P.O. BOX 153 SHAKOPEE,MN 55379 INNIMERW
VOL. 1, NO 3
Environmental Impact Statement Approved,
Six-Year Process Moves Into Home Stretch
AwaitingPreliminaryFerryBridge Design IV
The six-year process for approving an engineering consultant to prepare the pre- L01
Environmental Impact Statement (EIS) for liminary design report.This report,the next Un
County Road 18 from Highway 494 to 101, step toward our new bridge, determines
which includes the Bloomington Ferry Bridge, exact alignment and sets the stage for the By Br,
is drawing to a close. final bridge design. Scott
On November 13, the Federal Highway Scott County's resolution must also be Higho
Administration notified Scott County offi- approved by the Hennepin County Board of Vice-(
cials that it had approved the complete EIS Commissioners.The resolution to hire a con- Execu
and would now send the final version to the sultant is in anticipation and contingent upon Scott
interested cities and counties for a 30-day approval of design funds by Congress. Ac- Trans,
period of comment. Scott County Highway tual hiring of a consultant will not be done Coalit
Engineer Brad Larson, a member of the until those funds are tied down, probably in Ott
Scott County Transportation Coalition Exec- the spring, according to Congressman Bill
utive Committee, estimates that the com- Frenzel's staff. to im
ment process making the decision official Federal funding for the bridge design was and v
will be complete in the latter part of Feb- delayed as Congress adjourned without of
ruary. passing the Highway Transportation Author- gives
Meanwhile,in a parallel process,the Scott ization Bill,which includes$3 million for the how
-lounty Board of Commissioners approved design of the Bloomington Ferry Bridge.Ap- how
3t its December 9 meeting a resolution to proximately$250,000 of that amount will pay Wt
)roceed with the selection process for an for the preliminary design report. usual
I'll
— — -- ly,20
Legislators Affirm Commitment spen
such
To District's Transportation Goals must
living
and
busir
prow
the n
r�
sam E
3
sitive
�., that
accol
In
irtation Coafitio;7
DEC., 198
ultiCoalition
Commentary
Long Struggle Not
,t Unusual To Improve Road,
Sc
Former DOT Commission
Sees Need for New H ighv
The following article written by Stephen
Alnes is reprinted, with permission, from
the October 28 issue of the Minnesota Jour-
nal, a publication of the Citizens League.
Dick Braun, former
Commissioner of Tws-
portation for the State
of Minnesota, was a
helpful resource to
the Scott County
Transportation Coali-
tion.He advises us to
,,Continue to make
the public,the Gover-
nor and the Com-
missioner aware of the severity of the particu-
lar transportation problem in your area."
Braun has been succeeded as Commis-
sionerby Len Levine.Scott County Transpor-
tation Coalition members have scheduled a
meeting with the new commissioner to dis-
cuss our goals. We will report on that meet-
ing in the next NEWSLETTER.
As Dick Braun cranks upto leavethe Min-
nesota Department of Transportation(DOT),
he regrets not being able to convince the
people who pay for highways of the magni-
tude of the financing problem.
He said he did a"lousy job of getting the
public to understand." He did not offer an
opinion on what kind of job the public did in
understanding what he said.
"Every day somebody's here(in the trans-
portation commissioner's office) with the
worst road in the state, the one with the
poorest curvature,the most accidents,the
most fatalities, the most promises," Braun
said."Everybody perceives his own road as
the most important."
People recognize the shortage of funds,
Braun said, but then say,"`You surely have
enough money for my job.'Then you get a
two-cent gas tax (increase), and they say,
`Nowthatyou haveallthis money,obviously
you can take care of my job."'
One of the "most reasonable" ways to
think about road-financing requirements,
he said, is in terms of the frequency roads
can be rebuilt with the available dollars.
"I'm not talking about building new roads.
I'm talking about reconstructing parts of the
existing system. So if you just take the
reconstruction program .. . that tells you
what we have programmed through 1991,
you take the number of miles(of work)per
year and divide it into the 11,200 of non-
interstate miles on the system it comes out
Scott County Transp
)ner Braun
hway Fund Sources
I that we are currently rebuilding every road
7 once every 135 years."
The good news, said Braun, is that the
number used to be 372 years before the last
two gasoline tax increases.The bad news is
that it should be about 50 years.The reality
isthat itwould takean additional$340 million
a year over 10 years to catch up to a 50-year
rebuilding pace. And it would continue to
cost$225 million more than what is being
spent now to maintain that pace thereafter.
Minnesota spent about$304 million on its
state system, including the interstate mile-
age,in fiscal year 1986.Ofthatamount$1 10
million was spent on resurfacing, recon-
ditioning, reconstruction and major con-
struction of the non-interstate miles.It's the
$110 million Braun says must be boosted
by$340 million a year.
"And that's not going to happen.That's im-
possible,"Braun said."So then it becomes a
matter of priorities,"what to work on first.
The gasoline tax is now 17 cents a gallon,
which,says Braun,ties it with six other states
for 12th place in the nation. Each penny of
gasoline tax brings in$20 million,of which the
state gets$12 million with the rest going to
counties and cities. Motor vehicle registra-
tion taxes also help fund highways, but they
are fairly high in relationship to other states
i and not a likely source for significant in-
creases in funding, Braun said.
Current Minnesota law is shifting collec-
tions from the sales tax on new and used
vehicles from the general fund to transporta-
tion, including transit, on a gradual basis
i over several years. Because of budgetary
problems,the shift was suspended after one
year.ItwillberesumednextJuly1 unlessthe
Legislature decides otherwise.But that money
is already figured into DOT's and Braun's
i calculations.If the Legislature decides against
resuming the shift, the funding problem
described by Braun will be more severe.
For the fiscal year beginning next July 1,
the state highway share of the motor vehicle
salestaxwould be$51 million.Itwould build in
subsequent years to$53 million,$83 million,
$87 million and,in fiscal 1992,to$121 million.
Working on the concept that the state high-
, wayfinancing burden could be eased byshift-
ing some of the state highways to lesser units
of government,the Legislature ordered a juris-
dictional study,to be completed for the 1988
session.
Reassignment would not save a lot of
money in the overall cost of maintaining the
-2-
d reconstructing roads, Braun said. "The only
way you could save any money is to say that
E) you would either lower the standards or there
;t would be efficiencies of scale on a different
s level."
y But reassignment to a lower level of gov-
ernment would shift the cost from state fund-
s ing to local funding,that is,the property tax.
D And Braun sees the possibility for regional
animosities developing if some areas wind
up with a greater local road burden than
s others as a result of reassignment.
Braun said Minnesota's problems are not
unique.Newapproachestohighwayfunding
are being tried or under study in a number of
locations.He cites Phoenix where a half-cent
metropolitan area sales tax was imposed to
J finance highways and a transit study.
Said Braun: "If you take a look at what's
going to happen down the road in the met-
a ropolitan area,you're probably going to end
up with a metropolitan sales tax." Another
, possibility is requiring developers of traffic-
s generating projectsto assist in thefinancing,
f he said.
Several states currently are conducting a
study in which trucks are weighed while they
are in motion and are identified by means of
V atransponder attached to thetruck and send-
s ing out signals, Braun said.
- In Hong Kong an electronic system keeps
track of vehicles entering downtown; the
owner gets a bill at the end of the month ... I
J don'tthink the day istoofaroffthat...you're
going to tax on what travels and how far it
s travels and also maybe even what time of
day it travels.The technology is there to do
that...You've got all kinds of possibilities on
how you are going to tax.If you tax on weight
or whatever the vehicle is and you tax on dis-
s tance, you don't care if it's burning gasohol
t or gasoline or diesel fuel or prune juice or
I anything else . .. And that is a true indicator
of what you're taking out of the system,and
... if you use it on the time of day, of how
much you're inconveniencing somebody else,
i or whether you're using excess capacity,or
whatever you're doing."
But, Braun added, although the technol-
ogy is available,"the politics isn't there to do
that"at the present time.
Braun started with the Highway Depart-
ment in 1948,went to work for a transporta-
3 tion planning firm from 1970 to 1976,returned
as deputy commissioner of operations when
f BRAUN:Continued On Page 4
Fabcon Chief Looks Forw,
Improvement Of Industry
Fabcon, a concrete wall manufacturing
and construction company with 140 em-
ployees on Highway 13 in Savage, looks for
ward to the success ., -
of the Scott County �
Transportation
Coalition in the con-
struction of the Bloom-
ington
loom ington Ferry Bridge, 't' !
according to its Pres- s
ident, David Hanson.
"We're most inter- ,
ested in its being built,"
said Hanson."We see David Hanson
this as good industrial land along this valley
and there would be more development and
more jobs if this transportation problem were
solved. Industry keeps moving out this way:'
"When we came out to Savage, there
weren't many people, no racetracks, no en-
tertainment complex, only grain trucks,"
said Hanson. "The traffic on Highway 101
now is horrendous and sometimes it's dif-
ficult for us to get on the road.We know that
LEGISLATURE:Continued From Page 1.
would serve the area well on the committee
and she would continue to work with him and
Senator Schmitz on transportation issues.
"There is absolutely no higher priority than
our transportation problems," said Kelso.
"There is nothing that comes ahead of it as
far as my time. It was an issue that came up
time and time again as I was campaigning,
reaffirming my opinion that it is a major
priority for the residents of this district.
"The traffic situation, particularly for the
people who have to face it every day, just
becomes a real problem in their lives,"Kelso
said. "It seems everyone has their own
traffic story.
"I don't come into this with any illusions
that there is a fast fix,"she continued,"but it
will be an advantage to be up-to-date and be
there when something comes up. In addi-
tion,we have to maintain good communica-
tion with our federal officials since we depend
on them for funding the Bloomington Ferry
Bridge."
COMMENTARY:Continued From Page 1.
spring,we can count on a year for the pre-
liminary design,two more years for the final
design and three years to construct the
bridge. If we stay on track,we can expect a
new bridge by 1993.That may sound like a
long time,but for those who have been work
ward To Successful
ry Access to Area
3 road would be helpful."
- Fabcon makes concrete panel walls for
r buildings and ships a lot of material out of its
operation each day, up to 30 or 40 semi-
loads. They have put walls on 2000 build-
ings in their 16 years of existence."Many of
our trucks come back over the Bloomington
Ferry Bridge when they're empty because
it's shorter," said Hanson. "But the trucks
cost$30 to$40 per hour when they're tied up.
And if they're tied up on the way to the site
because of traffic,the product gets to the job
late and the crew and crane at the site costs
hundreds of dollars an hour while they're
t waiting."
J "We have the same problems as John
Bailey (Elk River Concrete Products) —
' time and inconvenience. We went through
the years of frustration about the building of
the bridge over the Minnesota River. We
have been supportive of this effort,too,said
I Hanson, who noted that he attended the
- meeting with Governor Rudy Perpich this
t past summer regarding the Ferry Bridge.
Rep.Jensen concurs that communication
I with federal officials is key to the success of
the project,noting that it is crucial to get both
I counties working together on mutual con-
cerns."Butwe worked together on the Cedar
Ave.transportation issue and we finally got it
done,"he noted."I'm sure that thing's going
to happen, it's just going to take time."
r "We're farther ahead than we've ever been,"
said Senator Schmitz. "I don't know how
s many meetings and how many hours I've
t worked on this in the past 30 years.It's been
painstakingly slow.
I "It's so necessary to keep working on it
and to keep achieving small victories,"
Schmitz said. "This is not only a political
t issue but a social and economic issue.The
s whole bridge and highway structure is de-
teriorating much fasterthan we can improve
it given thefunding mechanism that we have.
I There are a massive amount of requests.It's
/ going to take a total effort of both counties to
make this bridge a reality."
ing on it for almost two decades, it's just
around the corner.
But we still need your help!There continue
I to be hurdles to jump on any project,so your
continued support, through dollars, letters
i and phone calls to keep this issue on the
i front burner will help us to move forward on
the current schedule. One minor slip, such
-3-
Durenberger Talks
Transportation
With Scott County
Coalition Supporters
Senator Dave Durenberger talks to Scott County Trans
oortation Coalition members about the federal highwa
authorization bill's progress through committee.
sw
a;
r
t
,r
,off County Transportation Coalition members listen
Senator Durenberger and talk strategy about the
issage of the transportation authorization bill in the
w session of Congress.
b
r
Scott County
Transportation Coalition
P.O. Box 153
Shakopee, MN 55379
• r
:'�'• 0
Scott County Transportat
Membership Categories i
CORPORATE
Member: $ 100.00
sponsor: 500.00
Sustaining: 1000.00
CHARTER MEMBER: Any one-time pa,
$5000.00 or mors
Agri-Growth Council Sup
At its recent annual meeting, the Minne-
sota Agri-Growth Council joined the growing
list of official supporters of the Scott County
Transportation Coalition by adopting the fol-
lowing resolution. We thank the Council for
its support and look forward to continuing to
work with its membership toward the improved
access to this area which is so vital to the
state's agricultural industry.
WHEREAS,the agricultural industry of the
state of Minnesota depends on the com-
bination of road and water transportation to
move its ever abundant harvest to terminal
markets,and
WHEREAS, the movement of this agricul-
tural production necessitates traveling to and
through the communities located in Scott
County, and
WHEREAS,the roads, bridges,and high-
way facilities now existing in Scott County
are badly outdated for the needs of modern
day agribusiness transportation, and
WHEREAS,these outdated and outmoded
roads,bridges and highways in and through
Scott County result in traffic delays,detours
and tieups of such magnitude as to add
enormous costs on to already high farm-to-
market transportation charges, and
WHEREAS,the farm families of this state
shipping their harvest to terminals in Scott
County are being economically penalized by
these added charges resulting in fewer net
dollars to the farmer,the trucker,the country
elevator and the grain sales agent
THEREFORE BE IT RESOLVED THAT
THE MINNESOTA AGRI-GROWTH COUN-
CIL does hereby urge our Minnesota State
Legislature, our Minnesota Department of
Transportation, and our Minnesota Con-
gressional Delegation to take immediate
. 1
V.
ation Coalition
& Fee Structure
INDIVIDUAL
$ 15.00
100.00
500.00
payment of Any one-time payment of
lore. $1000.00 or more.
ipports Coalition Goals
- steps to plan,fund,and execute an improved
3 road,highway and bridge access system to,
V from and through this area.
r BRAUN.Continued From Page 2.
the Department of Transportation was cre-
J ated,was appointed commissioner by Gov.
Quie in 1979 and reappointed by Gov. Per-
pich.He left December 1 to become director
of the new Center for Transportation studies
in the University of Minnesota's Institute of
Technology.He will go from having a staff of
d 4,500 to a staff of two."I'm thinking of giving
them nametags," he said.
- Braun has a long list of possible study
9 ideas for the new center,ranging from fairly
t soft stuff,to,well,concrete.Asphalt,he said,
is a byproduct whose ingredients are almost
unknown."And you just have a hell of a time
building a decent asphalt road."Concrete is
i 'more consistent. But do you think we've
learned anything about concrete joints? I
i mean you drive these roads.They're not the
I greatest ... There isn't going to be any pro-
; blem as to the research that needs to be
I done."
Tired Of Driving Around The
t I'd like to help the effort toward bet
❑ Please add my name to the mailing list.
t
❑Send me additional information on how I of
❑Enclosed is a tax-deductible contribution fc
Name
' Company Name
f
Address
Please make checks payable to Scott County Tran;
-4-
Scott County Board Townships Of:
Belle Plaine
Of Commissioners Blakeley
Cities Of: Cedar Lake
Belle Plaine Credit River
Elko Helena
Jordan Jackson
j New Market Louisville
New Prague New Market
Prior Lake St. Lawrence
_ Savage Sand Creek
Shakopee Spring Lake
_ Industrial
Chambers Of Commissions:
Commerce: Prior Lake
Prior Lake Shakopee
'r Savage
S Shakopee
If
f Attractions:
3 Canterbury Downs Race Track
Little Six Bingo
y Murphy's Landing
y Renaissance Festival
Valleyfair Family Amusement Park
;t Ex-Officio Members:
Minnesota Department of Transportation
sHennepin County Department of
Transportation
Metropolitan Council
3
h%n 121o,.,minr.tnn Marry Rrir1na'7
METROPOLiTA i
WAfTE
conTROL
commillion DEC I i` 1986
December 10 , 1986 CITY OF SHAKOPEE
The Honorable Mayor Eldon Reinke
Mayor of Shakopee
City Hall
129 E. lst Avenue
Shakopee, MN 55379
Re: Blue Lake Plant Expansion and Improvements
MWCC Project No. 85-51
Dear Mayor Reinke:
The Blue Lake Sewage Treatment Plant, located near Shakopee►
Minnesota, presently treats nearly 20 million gallons of wastewater
per day from twenty-one communities in the southwestern suburban area'
including Shakopee. Anticipating the plant reaching its design capac-
ity within the next few years, the Metropolitan Waste Control
Commission (MWCC) authorized the engineering firm of Rieke Carroll
Muller Associates to prepare a facilities plan with recommendations
for improvements to the liquid treatment facilities at the plant.
report, titled "Blue Lake Wastewater Treatment Plant Expansion and
Upgrade Planning Report" was completed in June, 1986 .
The report addresses five alternate wastewater effluent standards ,
since the Minnesota Pollution Control Agency has not yet established
the final effluent standard. The five standards reviewed represent a
range of increasingly stringent effluent quality and would require
construction of treatment facilities varying in cost from approx-
imately $25 million dollars to $58 million dollars . The facility
design will be based on a 20-year planning period and should provide
sufficient treatment capacity for the Blue Lake Wastewater Treatment
Plant service area to 2010 . We anticipate the final effluent standard
will be determined in 1987 . The construction is projected to begin in
ao-
1990 , however, the construction schedule is part of the permit ne,
tiations and is not finalized at this time .
A summary and recommendations from the report is enclosed for your
_ - - _______ ___ L_ _L__ _ - - , L___� _, l,-, cz q l o n
Mayor Eldon Rei,
MWCC Project No
December 10, 19f
Page 2
If you have an
Mordorski of the
Sincerely,
Louis J. Breimht
Chief Administre
cc: Bob Isakson,
Mark Mahon,
Enclosure
LJB:CJM: jmb
C
SHAKOPEE COALITION
MEETING MINUTES - DECEMBER 4, 1986
Chairman Brian Norris called the meeting to order at 7:00 A.M. in the Community
Room of the Citizens State Bank.
Members present : Jerry Knutson (MCF/Shakopee) , Dennis Hron (Lions Club),
Sr Jo Lambert ( St. Francis Reg. Med. Center), Mary Sullivan (Scott-Carver-Dakota
Community Action Agency) , Rev. Steven Humburg (Ministerial Association, Maxine
Kruschke (Southern Valley Alliance For Battered Women), Claude Kolb (Knights of
Columbus) , Duane Wermerskirchen (Shakopee Jaycees) , John K. Anderson (City of
Shakopee) , Debbie Jasper (St. Francis Reg. Medical Center) , Kay Fiedler (V.F.W.
4046), Don Mertz ( Lions Club), Barry Stock (City of Shakopee) , Joan Salter
(Food Shelf) Virgil Mears (Independent School District #720) , Brian Norris
(Citizens State Bank) , Jeanette Kleve (S.A.C.S. ) and George Muenchow (Shakopee
Community Services.
New members Kay Fiedler and Duane Wermerskirchen provided brief resumes about
themselves and the organizations that they represent.
Joan Salter reported on the Food Shelf. Approximately 207 families from Scott
and Carver Counties received Food Baskets at Thanksgiving . In November 229
families were served. Toys are being requested for distributuon at Christmas.
They will be assembled for distributuon at the Minnesota Valley Mall Community
Room December 18, 19 and 20. A question was raised that it might be good to
have a telephone at the Food Shelf building.
A "Volunteers" newspaper column was discussed. it is expected that Wednesday,
January 21, will be the first time that the column will appear. It will need
a name and logo. Deadline for receiving information at the collection point
is January 12.
John Anderson reported on Economic Development. The City Council is placing
the City Hall Siting Location on the ballot. Two locations will be considered.
There will be a public hearing on downtown re-development on December 9.
A Community Leadership Workshop will be held on February 10 from 4-9 P.M.
under the auspices of St. Francis Regional Medical Center. This is one section
of a larger program they have planned. The community is invited and the Shakopee
Coalition is encouraging all organization and businesses that have functioning
Boards to send a representative. The fee is $25.00. For further information
contact Barbara Richardson at St. Francis.
Nominations for "Volunteer of the Month Awards are being solicited. If you have
a suggestion contact Chaiman Norris.
Coming meeting dates (circle them on your calendar) : January 8, February 5,
March 5, April 2, May 7, June 4, July 2, August 6, September 3, October 1,
November 5, December 3.
The Meeting was adjourned at 7: 55 A.M.
Respectful]ySubmitted,
George F. Muenchow,
Acting Secretary
JANUARY '
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 3ATURBA�
1 2 3
l
`I
i
4 Public 5 City 6 7 Planning 8 9 10
Utilities Council Commission
4: 30 p.m. 7 : 00 p.m. 7 : 30 p.m.
I
11 12 City 13 Downtown 14 Energy & 15 �16 17
Council Committee Transportation
worksession 7 : 30 a.m. 7 : 30 p.m.
7 : 00 p.m. I .C.C.
5 : 30 p.m.
18 Comm. 19 City 20 21 22 23 24
Serv. 7:30 pm Council
Fire Dept. 7 : 00 p.m.
8 : 00 p.m.
CITY HALL CLOSE.D
25 26 City 27 28 29 30 31
Council
(tentative)
7 : 00 p.m.
.lar Sess.
rman Cza,
Roll Cal:
Approval
Approval
Other Bu:
PLANNING COMMISSION
Regular Session Shakopee, Mn January 8 , 1987
Chairman Czaja Presiding
1 • Roll Call at 7 : 30 p.m.
2 . Approval of Agenda
3 . Approval of December 4 , 1986 Minutes
4 . 7: 30 p.m. PUBLIC HEARING: To consider a request for renewal
Of Conditional Use Permit Resolution No. 436 to continue a
concrete and ready mix plant operation upon the property
located at E. Highway 101, SW 1/4 of Section 2 , Township
115 , Range 22 .
,L l cant: Model Stone Co.
Action: Renewal of Conditional Use Permit Resolution
No. 436
S . 7: 40 p.m. PUBLIC HEARING: To consider the rezoning of
approximately 4 . 14 acres of • property located on Lots 1-10 ,
Block 174 and Lots 1-10 , Block 40 , City of Shakopee , from
R-3 to I-1 .
Applicant: T. Edman, J. O'Brien and Shakopee Services Inc.
Action: Recommendation to City Council
6 . 8 : 00 p.m. PUBLIC HEARING: To consider the preliminary and
final plat of Yarusso Addition lying on property located at
1803-1885 Eagle Creek Boulevard.
Applicant: David Yarusso
Action: Recommendation to City Council
7 . 8: 15 p.m. PUBLIC HEARING: To consider the preliminary and
final P.U.D. of Canterbury Downs which shall include the
8. 8: 30 p.m. PUBLIC HEARING: To consider an amendment to
Conditional Use Permit Resolution No. CC-334 to delete a
condition which requires a person with a minimum of 5000
hours experience of working with mentally retarded in the
event that person is the only supervisor in attendance, on
property located at 1111 East Third Avenue.
Applicant: Alternative for Independent Development
(A.I .D. Homes Inc. )
Action: Amendment to Conditional Use Permit No. CC-334
9. 8: 45 p.m. PUBLICHEARING:_ To consider an amendment to City
Code Sections 11 . 40 , Subd. 4F and 12 . 11, Subd. 4F to allow
residential densities in Planned Unit Developments to be
increased if substantially more site amenities are provided.
Action- Recommendation to City Council
10° Discussion: Amendment to Planning Commission Rules and
Regulations.
11• Informational Items• a) Annual review C.U.P. No. 442
b) Legal opinion - building over
lot lines
12• Other
Business
13 ,
Adjourn
Judi Simac
City Planner
CITY OF SHAKOPEE
PROCEEDINGS OF THE BOARD OF
ADJUSTMENTS AND APPEALS
REGULAR SESSION SHAKOPEE, MINNESOTA
Chairman Czaja called the meeting to order at 7:30 p.m. with
VanMaldeghem, Foudray, and Pomerenke present. Also present w
City Planner; John K. Anderson, City Administrator; Dennis Kr
Development Director and Cncl. Lebens. Comm. Schmitt arrived
The agenda was approved as written.
VanMaldeghem/Pomerenke approved the minutes of November 6, 19;
unanimously.
VanMaldeghem/Pomerenke moved to adjourn. Motion carried unan
Judi Simac
City Planner
Carol Schultz
Recording Secretary
PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 1986
Chairman Czaja called the meeting to order at 7:33 p.m. with Comm. Schmitt,
VanMaldeghem, Pomerenke, Foudray and Lane present. Also present were John
K. Anderson, City Administrator; Judi Simac, City Planner; Dennis Kraft, Community
Development Director; and Cncl. Lebens. Comm. Rockne arrived at 10:05 p.m.
The agenda was approved as written.
Foudray/VanMaldeghem moved to approve the minutes of November 6, 1986. Motion
carried unanimously.
PUBLIC HEARING - Conditional Use Permit #479 - Carol Cronkhite, Home Occupation
to do therapeutic massage.
VanMaldeghem/Foudray moved to open the public hearing to consider a request for
a conditional use permit to conduct a home occupation to do therapeutic massage
upon the property located at 2560 Muhlenhardt Road. Motion carried unanimously.
The City Planner said the applicant intends to perform therapeutic massage by
appointment only in a separate room outfitted with the necessary equipment.
The applicant is certified by the Minneapolis School of Massage. There will
be no signs and clients will be obtained by word of mouth or be recommendation
of doctors.
Discussion ensued on definition of massage parlor_ vs. therapeutic massage
in the home. Comm. VanMaldeghem said there is nothing in the City code
relating to massage home business, and that a legal opinion by the City
Attorney should by sought.
The City Planner explained that the code was interpreted to require licensing
for a massuese to operate in the home. It was not considered to be a massage
parlor, which are required by code to be located in a business district.
Fred Corrigan, property owner to the west, raised a concern over the definition
of home business. He said it is a new neighborhood and is concerned over more
home businesses opening. The City Planner explained the procedures required
for starting a home occupation which requires a conditional use permit.
The applicant stated she intends to do no more than 2 a day and each appointment
will take 12 hours. Hours will be between 8:00 a.m. and 9:00 p.m.
Chairman Czaja asked if there was anyone else from audience who wished to address
this issue. There was no response.
FnnAravl�lanMalAcoham mnvaA ttn rinSP r_he public hearing. Motion carried unanimni,ci„
Planning Commission
December 4, 1986
Page -2-
VanMaldeghem/Lane moved that the City Council and the City Attorney receive
hard copies of the discussion and concerns of the body in regard to Section 6.40
and Section 6.41 of the City Code (language regarding Massage Parlors and
licensingof a Masseuse) and Section 11.05, which is home occupation and how one
relates to the other. Motion carried unanimously.
PUBLIC HEARING - Rezoning of approximately 71.2 acres in Section 7, Township
115N, Range 22W, from Ag to R-2, Jackson Business Park.
VanMaldeghem/Lane moved to open public hearing to consider the rezoning of
approximately 71.2 acres of property located in Section 7, Township 115N,
Range 22W, from Ag to R-2. Motion carried unanimously.
The City Planner said the preliminary plat has not yet been submitted for review.
Chairman Czaja asked if there was anyone from audience who wished to address
this issue. There was no response.
Schmitt/VanMaldeghem moved to continue the public hearing to February 5, 1987.
Motion carried unanimously.
PUBLIC HEARING - Fairest Made Foods, Inc. - Amendment to allow food
processing as a Conditional Use in the B-1 Zone.
VanMaldeghem/Lane moved to open the public hearing to consider the amending of
the Shakopee City Code, Section 11.29, Subd. 3, to allow limited food processing
operations as a conditional use in the B-1 zoning district, subject to certain
performance standards. Motion carried unanimously.
The City Planner said the City Council discussed the proposal of Fairest Made
Foods Inc. to enlarge the facility and was generally in favor of the owner
expanding on existing lots 1-5, Block 168.
Discussion ensued on allowing food processing as a conditional use in a B-1 district.
Comm. Lane asked about including non-toxic gases as one of the conditions.
The Community Development Director said that the use of public nuisance smells
would be more definitive. Chairman Czaja asked if there was anyone from
audience who wished to address this issue.
Bev Koehnen, Canterbury Road asked for clarification from the applicant as to
what his exact plans are. The City Planner summarized the history of the site
and what the proposed expansion would involve.
Discussion ensued on methods of potentially providing financial assistance to
Fairest Made Foods including (1) tax increment financing, (2) economic recovery
revolving loan from the Department of Energy and Economic Development and (3) the
issuance of industrial revenue bonds for the relocation and expansion of the
facility. At this time the applicant has requested no financial assistance.
Bev Koehnen asked for clarification on food processing. Bill Jonquist, the owner
of Fairest Made Foods replied that is is similar to a bakery whereby ingredients
are value added to form a product.
Planning Commission (�
December 4, 1986
Page -3-
Chairman Czaja asked if there was anyone from audience who wished to address
this issue. There was no response.
Foudray/VanMaldeghem moved to close the public hearing. Motion carried unanimously.
Foudray/VanMaldeghem offered a motion to recommend to City Council that Section
11.29 Subd. 3 be amended to allow limited Food Processing as a conditional use
subject to the following standards:
1. No slaughtering of meats, poultry or fish on the premises.
2. The operation must combine processing and wholesaling of a product.
3. Liquid waste must have primary separation.
4. Emmissions shall be limited to gases. No liquid pollutants shall be released
into the enviroment. Steam exhaust is acceptable.
5. Facility must have State and Federal food and Drug Administration (F.D.A. )
Certification Approval.
Roll Call: Ayes: Comm. VanMaldeghem, Foudray, Pomerenke and Chairman Czaja.
Noes: Comm. Schmitt and Lane
Motion carried.
Foudray/Schmitt moved for a 10 minute recess. Motion carried unanimously.
The meeting was called back xo_order_at 9:15 p.m.
PUBLIC HEARING - Model Stone Co. Conditional Use Permit 4436 to continue the
temporary concrete and ready mix plant operation.
Pomerenke/Lane moved to open the public hearing to consider a request for
renewal of Contional Use Permit Resolution 4436 to continue a concrete and ready
mix plant operation upon the property located at E. Highway 101, SW 4 of Section
2, Township 115, Range 22. Motion carried unanimously.
The City Planner reviewed the application by Model Stone to renew Conditional
Use Permit 4436 to continue operating a concrete and ready mix plant in the I-2
district. The operation has remained the same and hours of operation are the same.
Discussion ensued on the use of the easterly access, which is a private road
owned by Sheily. Comm. Schmitt asked how the City could enforce no parking on
that road. The City Planner said since it is a private road the City cannot
enforce no parking regulations.
Discussion ensued regarding the compliance of the applicant with the landscaping
requirements of the permit. Mr. Pearson, Prior Lake Aggregate, owner of the
property, and resides at 16260 Texas, asked about the landscaping conditions
required. The City Planner said there are trees already planted along the
boulevard. Mr. Pearson asked if he could have a copy of the code so he could
get some idea as to what the requirements of the City Code are.
Planning Commiss:
December 4, 1956
Page —4—
Lane/Schmitt moved to continue the public hearing to January 5, 19879 to
give the applicant time to respond to the issue of landscaping pians.
Motion carried unanimously.
FJBLIC R^ARTNG - Conditional Use Permit P399 to allow a 30 unit
addition, Snakopee Super 8 Partnership.
Pomerenke/Schmitt moved to open the public hearing to consider a request
for an amendment to the existing Conditional Use Permit Resolution #399
to allow a 30 unit addition to the property located at 531 Marschall Road.
Motion carried unanimously.
The City Planner said there are currently 70 units at the site and the
applicant would like to expand into lot 3 and add 30 more units. Discussion
ensued on meeting the, side yard setback when there is a combination of 2
lots. The City Planner said the two lots are being jointly developed and
they are owned by the same person.
Chairman Czaja asked if there was anyone from audience who wished to
address this issue. There was no response.
VanMaldeghem/Foudray moved to close the public hearing. Motinn carried
unanimously.
'TanMaldeghem/Foudray offered amended Conditional Use Permit Resolution
7399 and move for its adoption subject to the following conditions:
1. A landscape plan shall be submitted and approved by the City
Planner prior to issuance of a building permit.
2. Vacation of the drainage and utility easement prior to approval of
a building permit.
3. Approval of a site drainage and grading plan by the City Engineer
prior to issuance of a building permit.
4. Construction of the five foot sidewalks along the west side of lots
3 and 4 prior to issuance of a final Certificate of Occupancy.
Motion carried unanimously.
Lane/Schmitt moved that staff seek a legal opinion from the City Attorney
relative to issuance of a variagce as opposed to allowing principal structures
being built across lot lines. Motion carried with Comm. Foudray opposed.
7UBL7CR^;BrTr, _ Conditional Use Permit '478, "Iutdoor T, vironments ,and—
scaping company.
e,.r..i++/pnmaranke moved to open the public hearing to consider a request
Planning Commission
December 4, 1986
Page -5-
The City Planner said that Outdoor Enviroments are planning to build an office
and equipment maintenance building on the site and store their landscape products.
The County ENgineer has requested there only be one entrance on County Road 89.
Hugh Kramber, 8409 W. 972 Street, Bloomington, applicant was present for any
questions from the Commission.
Chairman Czaja asked if there was anyone from the audience who wished to address
the application. There was no response.
VanMaldeghem/Foudray moved to close the public hearing. Motion carried unanimously.
VanMaldeghem/Foudray offered Conditional Use Permit Resolution No. 478 and
moved for its adoption subject to the following conditions:
1. All landscaping and performance standards of the City Code will be met
as per the approved plans dated November 17, 1986.
2. Fuel tanks will be cathodic protected and installed in accordance with Fire
and Building Codes.
3. All equipment and material storage shall be screened.
4. Approval of a county road entrance permit.
Motion carried unanimously.
Commissioner Rockne arrived and took his seat at 10:05 p.m.
Discussion ensued on J. L. Sheily Mining Permit Review. The Shiely Company is
planning a change in their mining procedures. The new process will consist of
a 6 to 8 week contract period whereby portable crushing equipment will be installed
in the pit area. Approximately 8,000 tons per day will be mined and crushed between
6:00 a.m. and 10:00 p.m. The mining and crushing will be completed about June 30,
and the area could be left alone and the quarry could fill up with water. This
process would eleiminate the length of time the pumping of the water out of the
quarry occurs and eliminate the crushing and screening at the plant site. This
would create maximum use of the quarry with reduces operating costs. Ray .
Lappegard, representing Shiely company, siad that there should be no impact on
traffic or any adverse effects neighbors.
Schmitt/Lane moved to direct the Shiely company to apply for an amendment to
conditional use permit #273 to implement the alternative operating plan. Motion
carried unanimously.
Bruce Malkerson, Scottland Companies, gave a brief overview of the Starwoods
Music Center project. The site plan will be 150 acres located east of Valley
Park Drive, north of future 101/169 bypass. There is no intent to ask for public
financing. A short slide presentation of other music centers throughout the
United States was shown by Jeff Siegel. The music will be anything from jazz,
rock, broadway musical productions and orchestras. Actual days of operation will
depend on the entertainers availability. The season will run from middle of May to
middle of September.
Planning Commission
December 4, 1986
Page -6-
Concerns were raise on the amount of traffic this will generate and how
it will affect the traffic already in the area. A question was raised as
to what will happen to the available industrial area which is surrounded by
the recreational corners. Concern was also raised on influence of drugs
that this center might have on this community.
Chairman Czaja said there are street lights on the corners of County Roads 83 and 16.
The City Planner said the City Council did not adopt the Sanitary Sewer Plan within
the MUSA at their last council meeting. They asked for a legal opinion as to
whether they will be liable for any damages incurred if they adopt the plan.
Schmitt/VarnMaldeghem moved to approved the 6 month review of conditional use permit
no. 447 issued to Roger, Bauer for a home occupation. Motion carried unanimously,
Commissioner Lane said he will not be able to continue his term on the Planning
Commission. His term will be up in February, 1987.
Schmitt/Foudray moved to adjourn. Motion carried unanimously. Meeting adjourned
at 11:25 p•m•
Judi Simac
City Planner
Carol Schultz
Recording Secretary
PROJECT STATUS
JANUARY 1, 1987
PAGE 1
----------------------------------------------------------------------------------------------------------------*------------------------------------------------------------------------
FLANS SPECIFICATIONS I I i
' ! 1 i FINAL !
{FROJECT DESERIFIIOM 1FETITION i FEASIBILITY REFORT i-----------------------------i BID I CONTRACT ANARD I CHANGE ORDER 1 COMPLETION DATE 1 PAYMENT 1 ASSES
:RECEIVED ! !ORDERED 1 APPROVED 1 DATE 1 1 1 1 DATE
r , :
-- --- --_-- -- - -, - ----,-----------------
1 ! FUbl1C PROJECT 1 I 1 (NOTICE 701 !
: ORDERED !ACCEPTED i HEARING 1 ORDERED : 1 STAFF I COUNCIL 1 1 CONTRACTOR! DATE 1 PROCEED !APPROVED 1APPROVED :APPROVED !CONTRACT 1 ACTUAL 1 1 HEARING
r i r r r r r r r: r 1
,
:T.H. Wlq.R. B3 -------1-------- --------
PITERSECTIOH IMPROVE!
1
FFOJECT NO. 198;-11 i i i i i i 1 12/16/86 12/12/87 1 1 1 1 i1 1
PR"&RAM 1546 i
IVCWW Dull STFEETSCAFE; ! t 1 I '
, r 1
PROJECT N0. 198?-2! 19/23/86 111/18/86 :12/9186 11 1 ! I 1 1 1
, FROdfiAM 355G r 1 1 I r ! ,
1 I
! 1 i
1
illiTH AVENGE OVERLAY 1I 1 1
PROJECT NO. 1987-31 1 !9123/86 1 1 I 1 1 1 I 1
PROGRAM 15h1 i
r
r
i6DLMES STtEET i i i i ft. l :No. 3 1 1 ----- 1 ------! ---------------
*6 SIN LATE.',ALS I S.M. i i 18/18/86 110/1/86 1 11
PP'']JErT 1 1986-1 1 :12/13/851 4/12/86 1 4/15/86 1 5/16/86 HENTGES ! 5/20i0.5 1 6/4/86 INo. 2 1 1 9/1./86 1 1 1 N/A
PRuOGRI-M A 522 ! Ii 19/2/96 i 1 I I
i + PAGE 2 L
----------------------------------
----------------------------------------------------------------------
I I
1FROJECT DESCRIPTION {PETITION { FEASIBILITY REPORT PLANS SPECIFICATIONS 1 : 1 1 , FINAL
:RECEIVED 1 '- ---------------------------
! BID 1 CONTRACT AWARD i CHANGE ORDER I COMPLETION DATE " PAYMENT 1 ASSESS,IENT 1
' !ORDERED ! APPROVED i DATE ! 1 { 1 DATE t
--------- ----------'---------'---------------------------------------'--------'-------- 1 I
_ i i _ 1
1 i --------------------- —----- - '----------------- ------------------------ ------ '---------;------
1 1 PUBLIC i PROJECT 1 ! t I !NOTICE TO! i ! 1 1 1 —I CERiIf[ED:
1 ORDERED 1ACCEFIED 1 HEARING ! ORDERED 1 1 STAFF 1 COUNCIL 1 1 CONTRACTOR" DATE 1 PROCEED !APPROVED "APPROVED IAPPROVED !CONTRACT I ACTUAL ! 1 HEARING !TO COUNTyt
I ! 1 f - :
1FRE5ERVATLJN ! 1 " 1 : : ! 1 ALLIED 1 ! i
1
PROJECT # 1986-8 1 { " 1 7/10/86 1 BLACKTOP 17/15/86 17/24/86 1i
8122/86" 1 1 I
FROGRAM # 405 1 ! ! { !
---------------; " 1 1 ! : ! 1 i _ ! i 1
---- --------- --------- --------- --------- --------- ------- -- ------ --------- --------- --------- --------- - ------ --------- --------- ---------
1 t
1VAlLEVFAIR QR. N. 1
1 PROJECT # 1586-11 ! 1 613166 1912186 19/23/86 19/23/86 19/23/86
i PROGRAM 4 551 !
' ------'---------' , 1
-------------- ---------'---------'---------'---------
'--------'-- -------'-----------' 1—--------'---------'---------
lN"Ri.ET STREET 1 1 1
PROJECT # 1 5186 112/2/86
PROERAM # 555 ! 1 1
! I 1 1
-71H-'-L--,E--U-E-- ---- - ---------;-------- ------- 1 ! !
--------- -------- -------- --------- -
1CTY. RD. 89 TO EAST 1 1 1 1 ! !
PROJECT # 1966-9 13/14/06 14/15/86 18/5/86 19/23/86
1 PROGRAM # 554 i1 1 ! 1
,
---------------'---------'---------'---------'-- ! 1 ------ t
, 1 1 ! 1 1 " !
!RAILROAD CF0,51INGS 1
PROJECT 1 1986-10 1 i i 18/19/86 18119/86 18/26/86 1 8/26/86 19/11/86 1
PROGRAM 558 i
----------'---------'-
;FOURTH AVENUE • 1i
, ! i BUESING ! : 1No. 1
P�O2ECT # 1985-1 , ! I 8/6/85 I 9/3/B5 1 CORP. 1 9/3/05 10/15/85 7/1/86 -
PROGRAM 4 548 i ! ! 1 ! ! !
1 "
1 " , I ! !
-------------------- ----------------------------'- -
--------'---------'--------'------ -----'-----------'-- '---------'---------'-------- -------- ------- '--- ---'------- ---------'
:EAGLE:000 ii i i i 1 I S.M. 1 i !No. I I I I !
1 PRO?ECT # 1985-2 i i 5122184 t 3/19185 1 4/16/85 1 4116/85 :4/16/85 1 6/28/85 1 1 8/5185 1 Hentgea 1 8/6/85 1 9/1/85 19/24/85 1 1 1 9/30/85 i :10/01/85 1110/15185 i
PROGRAM # 545 ii i ! 1 I 1 " 1 i 1 i
i"70 At E. PARKINS LOT! 1 1 i 1 1 Valley i
PROJECT # 1385-4 1 1 816/85 1 913/85 1 Paving 1 913/85 1 9/25185 1 1 1
PROCnAM #
' " i 1 ! 1
: !No. I f. 3 ft. 5 i ! : :
11 1 It"TERSECTION ! 1 i i i C.S. i i 1517185 15/21/85 17/16/85 1 ! i !
I ocnim l 1Q,44-A i . ...-,.. . ..-----—.. . .......... .. — . ,u. .. , ulofor I _ i ,
scowIlk
cov��c
H�GHW A� DEP AR`CME�1�
6�0 COUN�R� SRA\L EASE
_ _ JORO A�1, M�155352-9339 �612� 937.6346
B�aO�E`t J.�p,RSON
OP.H\ESM. JOSE
�)ec emb e r 24 19 8 6
S`�ako�ee Ci�.y E,nq iz�ee r
129 E,a,s�. First Av en�.e
S�ako,Qee � MZy 55319
Re; -Lnter section of CR 83
� CSAH 16
�,s �,e discussed earlier , t1�e following is our response to the
Ci'�Y c-o�z'c�l� s cs,� estions on the above intersection area :
4 L.�stallation of a Street Diht at
gt he inter sect ion .
A _ •Z�e 1nstaZZat ion 1�as been mace .
4 _ Z.nstaZlation of T\arn Lanes & Acceleration Lanes .
A _ or1 CR 83 , the primary roadway , right turn and
bypass/ acceleration lanes were constructed when CR 83
vias rebuilt CSAR 16 is a STOP condition and turn lanes
were not constr\a cc-ed _ Tl-,, any future upgrading of csAH
16 auxiliary lanes wi11 be considered .
ConcerT�1ng t1�e skew of tYie intersection , this does cause
�otozists to cut t1,�e cornets and disturb the gravel
S, �lders as you 'tIaVe noted . However , as T am sure you
are aware of , additional paving only leads the motorists
to cucorners more and the intersection area keeps
expanding and expanding _ This situation is already
evident on CR turn lanes are inplace _
.Sne designation o£ CSAR 16 and CR 83 as CSAH 17 ` s detour
roue 1�as also magnified this problem_
Ken Ashfeld
ember 24 , 1986
2
Speed study between TH 101 and
` These studies will be scheduled
will review the results with yc
appropriate action can be taken
°u have any other concerns or que
' Office .
Sincerely
Bradley J
County Hi
Administrator
couritY
JOe Ri.e5 f
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Old Fire Rescue Truck (Informational)
DATE: December 19, 1986
Introduction
Al Schmitt has contacted City Staff and Council members g t
regardin he
of the old Fire Dept. rescue truck.
Sal
e
Background
The process followed for the past seven years (approximat 1Y)
that vehicles are declared surplus by Council and then sold has
Hennepin County auction. Prices received through the auction ha., beef
better than what we used to get by selling the vehicles through e been the
advertising in the local paper. ugh bids much
This particular truck has been released by the Fire Dept and
Dept. wants to use it to replace their older van (1960? and the
related is too small for some uses. The fire truck is a larger Which the park
older Ford. Accordingly, unless there is direction from Co nc- vantha hate
differently, the Park Dept. will be using the old Fire rescue tr ck to
procettIc
ed
1111VLllluv v a .-
Staff has received the 1987 renewal rates
disability insurance for City employees from the Principal Financial Group,
formerly Bankers Life. Agents Lee Hennen and Gary Monnens were here Dec.
5th to inform staff that the renewal rate reflects a 22% increase over the
previous year due to a tremendous increase in claims the last nine months
and also due to overall trends in the increasing cost of health care
throughout the industry for health providers.
The average cost of family coverage will increase from $215.00/mo, for 1986
to $262.00/mo. for 1987. The current group health plan is the standard plan
with a $100 year deductible per person.
Options Available
Two other plans are available from Bankers Life, a $200 deductible plan and
a cost container 50 plan, which could reduce the impact by approx. 11% and
7% respectively. However, these plans do have significant differences in
coverages. The City did switch to a $200 deductible plan in 1984, but due
to employee request did revert back to the $100 deductible plan in 1985.
A memo has been sent to all employees on Dec. 15th informing them of the
4-- ...... 'V—A . — Tr— 1-3.3 -..__ __s—t_ moi_ _ ' __
Mayor Eldon Reinke and
Members of the City Council
Chairperson David Czaja and
Members of the Planning Commission
City of Shakopee
Jeffrey Siegel/Bruce Malkerson
December 19 , 1986
hed please find two additional lett
ved, one is from the Minnesota Stat
sm and the other is from the Mayor
.on.
.11 continue to forward materialsto
EXPLORE -----
f- ,
I o MOT
December 15, 1986
Mr. Jeff Siegel
Creative Services
The Scottland Companies
1244 Canterbury Road
Shakopee, MN 55379
Dear Jeff:
The news of Scottland Company' s plans to establish a first cluo5
outdoor performing arts center in Shakopee will be a tremendo
addition to Minnesota' s many tourism assets. The diversi-
fication of tourism offerings in any communityis the key t° i5
attracting visitors for an extended stay and he music center
a compliment to the excellent facilities existing in the area,
I look forward to the 1987 opening of the Music Center and of
assure you of the full cooperation of my staff in the areas
Public relations and marketing. In addition, your project'Ond
concerning the creation of twenty permanent full time jobs an
three hundred seasonal jobs will help to meet our objectives
relative to economic development for Minnesota.
Please advise me as the project progresses and we look formarrket
to developing a public-private partnership to effectively
Minnesota' s newest attraction - Starwood Music Center.
Si cerely,
He rn R. Todd
Director
HRT/rAS•mn#3412
MINNESOTA OFFICE OF TOURISM,
375 JACKSON STREET,250 SKYWAY LEVEL,
ST.PAUL,MINNESOTA 55101 USA
CITY OF HOU %l
Post Office Box 1562 HoL
Kathryn J. Whitmire, Mayor c
December 10 , 1986
��r. Brian Hecker
Pace Productions
4543 Post Oak Place
Suite 200
Houston, TX 77027
Dear Brian:
Please accept this as a "to whom it may concern" letter r
to the City of Houston' s experience with the various Pace
organizations.
We have found Pace to be a dependable client. One that d
what it promises and is thorcuoh in its business relation
enjoy our relationship with -:os and look forward with ple
future activities.
Regards,
R. Alan Rudy
CITY OF SHAKOPEE
league of minnesota cities
November 26 , 1986
To: City clerks, managers, and administrators
From: Peter Tritz
Re: New developments in LMCIT' s property/casualty program
The LMCIT Board of Trustees has approved a number of changes in
LMCIT's property/casualty program. Most of these changes take
effect for coverage written or renewed after Nov. 15. Enclosed
are several memos which describe respectively LMCIT's
property/casualty rate changes; new deductible options available
to cities; the switch to a claims-made liability form; and the
revised liability coverage form.
We suggest that these materials be placed on the council' s
agenda as an information item, to help keep them abreast of
these developments in their program of pooled self-insurance .
If you have any questions or need additional information, please
feel free to call me at the League office. Or contact LMCIT s
program administrator, North Star Risk 3ervices , 1401 W. 76th
St. , Minneapolis , Mn. 55423; phone (612) 861-8600.
IIII
league of minnesota cities
LMCIT CHANGES IN COVERAGE
LMCIT has made a number of changes in the liability coverage
documents . The language has been simplified considerably, and
most of the coverage provisions which were formerly handled by
endorsements are now incorporated into the body of the document .
There are also a number of substantive changes in the
coverage . These changes eliminate many of the ambiguities and
internal inconsistencies of the old coverage forms , broaden the
coverage in a number of areas, and conform the coverage much
more closely to the city's statutory duties to defend and
indemnify its employees.
The format of the liability coverage document is as follows:
I . COVERAGES
A . General Liability
B. Medical Payments
C . Personal Injury
D . Errors and Omissions
E . Automotive Liability
II . WHO IS COVERED
III . LIMITS OF COVERAGE
IV . DEFINITIONS
V. SUPPLEMENTARY PAYMENTS
VI . CONDITIONS
This memo summarizes the major substantive changes in the
coverage. (The change to a "claims-made" format is described in
a separate accompanying memo . ) Keep in mind that this memo is
just a summary. It will be important for cities and agents to
read and understand the actual coverage document .
1 . Police Exposures The general liability coverage part has
been broadened to provide the city and its employees coverage
for the use of reasonable force to protect persons or property .
Further, the personal injury coverage part has been broadened to
cover the city and its employees for assault or battery
committed for the purpose of protecting persons or property, or
incidental to an arrest.
1 83 university avenue east, st. paul, minnesota 551 01 161 2] 227-5600
Z. Civil rights coverage The errors and omissions coverage is
revised to make it explicit that Sec. 1983 and similar civil
rights claims are covered. (Note that LMCIT has consistently
taken the position that most of these claims were already
covered under the old forms; thus, this is more a clarification
than an expansion of coverage. )
3. Defense coverage The statutes and court cases make it clear
that a city' s duty to pay for defense of its officers and
employees is much broader than its duty or its authorization to
indemnify them. The general liability, personal injury, and
errors and omissions sections are revised to reflect this broad
duty to defend employees. A provision in the "conditions"
section brings the coverage of damages (as distinguished from
defense) into conformance with the city's statutory duty and
power to indemnify its employees.
4. Punitive damages LMCIT has consistently taken the position
that punitive-a-mages will not be indemnified. This is now made
explicit . Note though that LMCIT would still cover the defense
of suits for punitive damages, provided that the actions leading
to the suit arose in the course of the employee's duties.
5. Errors and omissions exclusions Formerly LMCIT's errors and
omissions coverage, like nearly every other errors and omissions
form, excluded coverage for property damage, bodily injury, and
personal injury. This created a potential coverage gap for
those claims which didn't arise out of an "occurrence" (i .e. ,
an accident) , but which resulted in property damage or bodily
injury. (one example might be a claim for property damage
arising out of a decision to abate an alleged nuisance, which
a court later determined to be improper . ) The errors and
omissions coverage has been broadened considerably to eliminate
this possible gap.
6 . Professional services exclusion - ambulance and engineer
exposures The "professional services" exclusion to the liability
coverage part has been modified so that only the professional
services provided by an attorney, architect, medical doctor,
dentist , nurse, or pharmacist are excluded. Thus, other
professional serivees, such as those of an ambulance attendant,
paramedic, "First Responder, " etc. are not excluded. Similarly,
the professional exposure of a professional engineer who is an
employee of the city is no longer excluded. (Consulting
engineers would continue to be excluded as independent
contractors . ) These changes eliminate the need for a separate
"ambulance malpractice" or "engineer's malpractice" policy to
protect city employees and volunteers .
This revised "professional services" exclusion can also be
endorsed on to the city's existing coverage, to provide the
expanded coverage for the remainder of the existing policy's
term.
l �
7 . Aggregate limits All annual aggregate limits have been
eliminated with two exceptions: products liability and medical
payments.
8 . Fellow emplo�clusion The "fellow employee" exclusion
has been removed from the general liability and automobile
coverages. Coverage is now provided for claims made against one
employee of the city by another employee.
9 . Medical payments The "medical payments" coverage has been
modified to apply only to bodily injury arising out of a
condition on premises which the city owns or rents. This does
not include stpbuildingssorrebtylownedsparkingexcept
lots.those
abutting city owned
10 . Em to went-related claims Contractual obligations (not
to be confused with contractually-assumed tort liability) are
generally not covered under the liability coverages . However,
hs bento
the errors and omissions coverage
elated obligationsmodified except forpwagese
coverage for employment-
and benefits owing.
11 . Firefirhters liability The automobile liability coverage
for the use
now specifically provides covthegfirefighter'se toters own automobile)
of any
automobile (including
in the performance of hisofficialduties . Cities are require
by statute to provide this
or
ce
elief
12. Relief associationofficers,s Localfire employees, landrmembers are now
associations and their
listed as covered parties under the liability coverages.
13• Joint owers entities The coverage contract
now
entity, and
excludes coverage of any j joint
specificallyliability arising out of the activities of a j
of any city esinically named in the declarations.
powers entity, unless sp
mean that LMCIT will�notHcohPrjoint
ativitpowers
esof a
i
a
ucz)
o� ,
MCI , m,n
LMC j T n�
T W 11 CLAIMS, so�� c.
Iia b . l use MAnE�� Lra� cities
1 lty and clams, LIABILITY
written of publIC o ffi madell coverage form
Cont ter Nov, 1 5 /Mals errors and ,forgemerai
nue t o be W lAUtOmOti ve liabilit fissions e will
intended t o help Y coverage will
Written on an "occurrence" basis,) This memo is
�p eXpldln t0 city Officials what this change
mp.ans . the Droblems Ir,laimeomariatlnnvaranee oreatefor the
Potential problems with "claims-made coverage
The problem with "claims-made" coverage really arises when you
want to change carriers. The new carrier typically won' t want
to accept risk for claims arising out of incidents which
happened before the inception date of his policy. This can
create a gap in coverage, for claims made after the date of the
change in carriers for incidents which happened before the
change. Unless special steps are taken, neither carrier will
cover those claims .
There are two ways to solve this problem; either will involve
paying some additional premium to someone. One is to get the
new carrier to agree to cover claims from those earlier
incidents. However, most carriers are very reluctant to do
this , although it is certainly worth inquiring about if you find
yourself in this situation. The second way is to get the old
carrier to agree to cover those claims , even though the claim
happens after his policy has expired. (This agreement is called
an "extended reporting period." ) Of course , the old carrier has
no particular incentive to agree to give you that extension, or
to charge a reasonable price if he does agree to do it .
This is why is is extremely important in purchasing a
"claims-made" policy to make sure that the policy gives you the
right buy an extended reporting period. Unfortunately, many
"claims-made" policies give the buyer that right only if the
carrier cancels or refuses to renew the coverage. Thus, if the
buyer decides not to renew the coverage, the old carrier is
under no obligation to offer an extended reporting period.
If an extended reporting period is offered, it may be only for a
limited time - sometimes as little as a year or two. An
extended reporting period of limited duration certainly is
better than nothing, but if there is any time limit at all , the
potential gap still exists.
A third problem is that even if the policy gives you the right
to buy an unlimited extended reporting period, the cost to buy
that extension probably won' t be specified. You'll have to pay
whatever the old carrier feels like charging. (The standard
"claims-made" forms recommended by ISO, for example, state only
that the cost of the extended reporting period can't exceed 200%
of the last year ' s premium. )
How LMCIT addresses those problems
LMCIT's revised coverage document includes an automatic 60 day
extended reporting period. It also gives the city the right to
purchase an extended reporting period of unlimited duration.
The city has this right regardless of whether it is the city's
or LMCIT's decision not to continue the coverage. The cost of
purchasing the extended reporting period is specified in the
coverage document itself.
The cost depends on how long the city has been covered under the
"claims-made" coverage . It ranges from 34 . 6% of premium if
coverage has been for one year, up to 70. 8% of premium if
coverage has been for five years or more. By comparison,
standard ISO "claims-made" forms allow a range of up to 200% .
Other forms often say nothing at all about the cost of extending
coverage .
Because the LMCIT coverage document offers an unlimited extended
reporting period for a known cost , the city really has available
the equivalent of "occurrence" coverage. The city may wish to set
aside each year the funds necessary to purchase the extended
reporting period; i .e. , roughly 35% of premium the first year,
18% the second year, 8% the third year, and so on. After five
years , the cost of the extended reporting period stops
increasing, so that no further funds would need to be set aside.
(The exact percentages needed would vary somewhat depending on
changes in the city's rating base from year to year. )
LMCIT' s property/casualty rates wiproperty,
e Pe reauceu zsviu1 w lam. LLAG
largest reductions will be on the ro ert , automotive physical
damage, and inland marine coverages. These reductions reflect
LMCIT's consistently good loss experience in these areas.
Rates for general liability coverage will also decrease
slightly. This reduction is largely a function of the switch to
a "claims-made" coverage form, as discussed in an accompanying
memo. However, it also reflects projected savings attributable
to LMCIT's in-house defense capability, and to the 1986
amendments to the municipal tort liability statutes. The
revised rates also reflect the broader coverage provided by the
revised coverage forms.
Of course, an individual city's premium will be affected by any
changes in the city's exposures - e.g. , increased city
expenditures, higher property values , etc. - as well as by the
rate charges.
Cities should also keep in mind that the 10% reserve assessment
has been eliminated for all renewals after the June 1 , 1986 .
2. Small cities rate credit As part of the overall review of
rates, LMCIT looked at how premiums and losses have compared for
various population classes of cities. This study showed that
the experience has been somewhat better for smaller cities than
for larger ones.
Because of this loss experience, cities of under 500 population
will receive a rate credit of 20%. Cities between 500 and 2500
population will receive a 10% rate credit. These rate credits
will apply to coverage written or renewed after Nov. 15 , 1986 ,
and will be applied in addition to the overall rates changes
described above.
I 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600
L
--i
111111111111
------�11U_Jj league of minnesota cities
NEW DEDUCTIBLE OPTIONS
One way in which a city can reduce its cost of coverage is by
retaining some of the risk itself. LMCIT has developed a new
"annual aggregate deductible" approach which offers the
potential for substantial savings to medium and larger-sized
cities while at the same time keeping the city's total exposure
manageable. This option is available to all cities.
Under this approach, all lines of coverage are subject to a
single annual deductible. This deductible might be as small as
$5000 or $10 ,000 for smaller cities, or as much as $100 ,000 or
more for larger cities. The city would retain responsibility
for all claims - property, liability, and automotive - until the
total amount of claims for that year equals the annual
deductible. At that point , the coverage reverts either to
first-dollar coverage, or to a small "maintenance" deductible.
This "capping" of the city' s annual exposure is a key feature .
The biggest problem with the more conventional approach of
retaining risk through substantial "per-line" deductibles is
that the city doesn' t know how many of those deductibles it will
have to pay during the year. Under the "annual aggregate
deductible" approach, the city knows its maximum cost in advance
and can budget and plan for that amount. Thus the city gets the
benefits and savings which result from retaining risk, without
being exposed to a potentially unlimited amount of liability.
This approach can reduce the city's premium substantially. In
many cases, the premium reduction is close to the amount of the
deductible itself. Of course , that premium reduction is not all
savings , since the city will have to use some of that money to
pay for the claims under the annual deductible.
This approach offers a couple of advantages to the city. First ,
it keeps more dollars in the city's pocket, giving the city an
opportunity for some investment earnings. Second, every claim
avoided is money in the city's pocket.
LMCIT' s underwriters will be glad to calculate an optional
"annual aggregate deductible" quote for any city that is
interested. Simply tell the underwriters when you submit the
city' s renewal information.
I 80 university avenue east, St. Paul, minnesota 551 01 (61 2) 227-5600
STATE OF
H1E2OcyQ
D
SONE N�' 551EPARTMENT OF NATURAL RESpUR
612/296-7523 1200 WARNER ROAD, ST. PAUL, MN C
06
I
December 30, 1986
Prior-Spring Lake Watershed District
Scott-Rice Telephone Building
4690 Colorado Street SE
Prior Lake, MN 55372
RE: PERMIT 79-6016, PRIOR LAKE OUTLET, CHANNEL RESTORATION
Dear Sir:
In accordance with your November 26, 1986 letter, DNR Permit 7
is hereby extended to November 30, 1987. This extension is to
completion of the landscaping at the outlet structurE
stabilization of the downstream channel. All terms and s
provisions of the permit shall remain in full force and effect.
We have received and are in the process of reviewing the pr
operational plan for the outlet structure.
Should you have any questions, please feel free to contact
Hydrologist Mike Mueller, or myself, for assistance.
Sincerely,
Kent Lokkesmoe, Regional Hydrologist
METRO REGION DIVISION OF WATERS
Enclosure
L23/dv
cc: Al Kremer, E.A. Hickok & Associates
City of Prior Lake
City of Shakopee
Lower MN River Watershed District
AN EQUAL OPPORTUNITY EMPLOYER
O 55
BOARMAN
ASSOCIATES
^ R CHI T E C ' U R, E
E N G i N E E R I N (;
.T E R OR DE SIGN
MEMORANDUM:
TO: John Anderson, City of Shakopee
FR: Jack Boarman, President
RE: Municipal Facilities Study
Citizens Advisory Group
DT: January 2, 1987
Based on our revew of the demographics for the City of Shakopee, we have
compiled the demographics distribution for selection of candidates for
the Citizens Advisory Group. The purpose of this group is to be a
demographically balanced Citizens Advisory Group that represents a small
workable group of the populous of Shakopee. This information is based
on your 1980 census data. The recommended size is approximately 36
members broken down according to gender, age, housing tenure, or local
resident business ownership.
The selection of candidates according to the attached characteristics
should be individuals who are not currently involved with or serve on
city boards or agencies. The responsibilities of this group will be to
meet with the City and Architect to review various aspects of the
municipal facility design (excluding site issues) . The group will meet
approximately 3 to 5 times during the process. We do not anticipate nor
require the Citizens Advisory Group to do any actual work on the project
but only to review the project items or add their advice and direction
on service or building items.
The following represents the demographic distribution as projected for
the Citizens Advisory Group. These requirements are presented and we
would recommend group adherence as is feasible. The recommendation are
as follows:
1. Age Distribution of the 36 Member Group
a. Ages 20 to 44 with 20 members = 10 women and 10 men
b. Ages 45 to 64 with 9 members = 5 women and 4 men
c. Ages 65 and up with 7 members = 4 women and 3 men
2. Business Owner Representation
a. An estimate of 4 of the 36 member group be local business
owners who reside in the community.
b. This percentage was derived from the business survey and
is from the census tract data.
aiiu tine under developed area would be 75% to—
resulting
in 9 of the committee residing in the outlying area
ie. census tract 803, Group 1; and tract 803, Group 3.
Note: The city should make the distribution among the 2
areas based on maintaining the demographic balance
as illustrated in the above distribution.
Ideally, the breakdown above would be the optimum goal . We realize you
may not be able to establish a 36 member committee.
The intent is to keep the proportions similar to those listed above.-
even
bove,even though you may only gather 24 to 30 members for the committee.
We CImn P-S+ vnii hp.nin WY+h Accomh1 {nn 9A nnmoc 711 F,-- o�rh ono nrnnn
TENTATIVE AGENDA
REGULAR SESSION
SHAKOPEE , MINNESOTA JANUARY 6, X987SESSION
Mayor Reinke presiding
1] Roll Call at 7 : 00 P.M.
2] Recess for H.R.A. meeting
3] Reconvene
4] Reading by Mayor Reinke of City' s Non-Discrimination Policy
5] Liaison Reports from Councilmembers
6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
71 Approval of Consent Business - (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 a Councilmember so requests, in which event the item will
be removed from the consent agenda and considered in its normal
sequence on the agenda. )
*8] Approval of minutes of December 2nd. �9th, and 16th, 1986
91 Communications: (Items noted for consent will be received and filed)
a] Jim McNearney, Cavanaugh McNearney Funeral Home re : funeral escort
b] Mary Sullivan, Scott-Carver-Dakota Community Action Agency, Inc .
re : request for financial support
c] Wallace Bakken re : looping of snowmobile trail
d] Daniel Steil re : resignation from Ad Hoc Downtown Committee
e] Mn. NBA Basketball re : choosing a name for the NBA team
*f] ; John M. Lane re : Planning Commission vacancy
*o] Nathaniel Wess, Canterbury Downs re : admission tax
0
hl League of Mn. Cities re : meetings to explain the investment pro^rz
10] 8:00 P.M. PUBLIC HEARING - Vacation of drainage and utility easemen-s
in Century Plaza Square 3rd Addition
11] Boards and Commissions: None
121 Reports from Staff: [Council will take a 10 minute break around 9 : 00]
a] Implementation of Hotel-Motel Tax
b] Application for Masseuse Registration
c] Validation of Downtown Feasibility Study
d] Sanitary Sewer Infiltration and Inflow
e] Mini-Bypass Bridge Project City/MnDOT Partnership
f] Upper Valley Drainage Report
*g] Federal Aid to Urban Routes Agreement
*h] Calendar Parking enforcement Position
i] Comparable Worth Appeals and Reclassification Requests
*j ] Clarification of Service Credit for Assistant Bldg. Inspector
r
TENTATIVE AG�N
January 6 , 1°�7
Page -2-
Reports from Staff continued:
k] Approve bills in amount of $73 , 804.33
*1] Interfund Transfers dingy
*m] Partial Payment - Purchase of House of Hoy Buil
n] 1987 Liaison Appointments
o] Nominations to Boards and Commissions
*p] 1987 Taxicab Licenses
*q] 1987 Cigarette Licenses
*r] Official Newspaper
Resolutions and Ordinances:
a] Res. No . 2674, A Resolution of A Judi d v
b] Res. No. 2655 , Ado tin � PPreciation to Lar,
P g A Sanitary Sewer Plan for from
Metropolitan Urban Service Area (bring item 12a1
agenda) - Ass ' t , table p
CitY Attorney' s opinion on to ay
c] Reconsideration of Res . No. 2665 , Adopting the 1967
for Officers and tnE
r Non-Union Emplo 0
*d] Res . No. 2671 , Designatinggees t
Suburban Rate AuthoriDirector and Alternate r;
you
*e] Res. No. 2672 , Adopting1g86-3
Reconstruction Project Assessments for the d Fc
f] Ord. No. 211 , Amendinect mite
Processing As g the City Code to Allow L1
g A Conditional Use
Other Business:
a]
b]
c]
d]
at1
Recess for an executive sessto discusss pending �.g
on
Reconvene io1
Adjourn to Tuesday, January 13, 1987 IorK5t
discuss the downtown revitalization aprojecctP .M' for a v
John K. Anderson
City Administrator
annual Meeting
:hairman Wampach presiding
Roll Call at 7 : 00 p.m.
? . Approval of Minutes of December 2 , 198
; . Election of Officers
} , Update on the Purchase of the House of
on the Herrott Property
� . Appointment of an HRA member to negoti
redevelopment of the former prison sit
S . Consideration of an appeal from Dougla
the property at 303 East 1st Avenue
7 . Other business
3 , Adjourn
Dennis R
Executiv
PROCEEDINGS OF THE HOUS)rNIG AND RLD ;F,,LOP11=7' AUTHORITY
REGULAR SESSION SHAKOPEr, MIr]:ZESOTA D,v 2 , 1986
Chairman Wampach called the meeting to order at 7:02 p.m. with Comm. Leroux r
Vierling, Clay and Lebens present. Also present were John K. Anderson, City
Administrator; Dennis Kraft, Txecutive Director; Kenneth kshfeld, City
Engineer; Judi Simac, City Planner; Judith S. Cox, City Clerk; and .Julius A.
^oller II, ^.ity Attorney.
Vierling/T,eroux moved to approve the minutes of November 4, 1986. Motion
carried unanimously.
Vierling/Lebens moved to direct the Executive Director to return the earnest
payment amount of $2,500 to Mr. Thomas Massey, DBA: Kenford Development, Inc.
for the former correctional facility site. Motion carried unanimously.
Vierling/Leroux moved to authorize HRA officials to execute and deliver
Satisfaction of Mortgages to Allen and Carolyn Barnard for the property
located on Lot 10, Block 3, Macey's Second Addition and to Can C. Doan
and Mau T. Nguyen for the property located on Lot 11, Block 2, Macey's
Second Addition. Motion carried unanimously.
Leroux/Vierling moved to adopt Resolution No. 86-14, A Resolution Amending
Resolution No. 85-24 Adopting the 1986 Budget. Motion carried with Comm.
Lebens opposed.
The Executive Director said that we have entered into an agreement with
Delores Hoy on the purchase of the building known as the House of Hoy and
the Jabberwocky. There is now a signed demolition contract for the removal
of the building and the building permit has been filed. The building should
be demolished by December 15 and closing should be on December 20, 1986•
Mrs. Hoy has taken out title insurance which will protect the City in the
event that a clear title is not obtained.
Leroux/7,7ierling moved to adjourn. Motion carried unanimously. Meeting
adjourned at 7:25 p.m.
Carol L. Schultz
Recording Secretary
MEMO TO: The Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Election of Officers
DATE: January 2 , 1987
Introduction
Article II Section B of the Bylaws of the HRA provide for the
election of officers at the annual meeting.
Background
The Bylaws provide that a Chairman, Vice Chairman and Secretary
be elected by and from the Commissioners at the annual meeting
immediately after the roll call and approval of the minutes of
the previous meeting. The officers shall take office immediately
after being elected.
Action Requested
Move to elect a Chairman, Vice Chairman and Secretary from the
membership of the Commission.
DRK/jms
MEMO TO: The Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Directo��I
RE: Update On the Purchase of the House of Hoy and the Herrgott
Property
DATE: December 31, 1986
INTRODUCTION
The HRA authorized the purchase of the property at 101-109 East 1st
Avenue in Shakopee from Deloris Hoy. Subsequent to the action taken
by the HRA the buildings on the property were demolished and the HRA
subsequently obtained title to these properties.
BACKGROUND
As a result of the demolition of the structures located at 101-109 East
1st Avenue Mrs. Merlyn Herrgott has indicated to the City that it is her
opinion that the roof and or wall of her building were damaged as a
result of the demolition of the buildings formerly owned by Mrs. Hoy
by Mrs. Hoy' s demolition contractor, Mr. James Hauer. The HRA is not
aware of whether damage has occurred or not to Mrs. Herrgott' s property.
Mr. Hauer' s insurance company has been contacted and been told of the
alleged damage to Mrs. Herrgott ' s property by Mr. Hauer. As of the
writing of this memo no determination has been made as to whether
damage has occurred or not.
The upper portion of the West wall of the Herrgott building is presently
open to the elements. This is a result of the apparent condition that
the Herrgott building was built up adjacent to the property located
at 109 East 1st Avenue and formerly owned by Ms. Hoy. When the building
at 109 East 1st Avenue was demolished it became apparent that there
was an opening at the upper part of the Herrgott building.
The Executive Director discussed this item with City staff and with
the Assistant City Attorney' s office and came to the conclusion that
while the City admits no liability for damages which might have occurred
to the Herrgott building the HRA would be willing to have a building
contractor install exterior plywood along the open part of the west
wall of the Herrgott building so that damage would not occur as a
result of rain or snow going into the building opening. The stipulation
for the HRA taking this action would be that Mrs. Herrgott sign a
covenant not to sue the City as a result of the City taking the action
of installing plywood along the building opening. Mrs. Herrgott
indicated to the Executive Director that she would not sign the covenant
not to sue the City and that she thought it was either the demolition
contractor' s responsibility or, possibly the City' s responsibility to
repair her building so that the roof of her structure does not leak
as a result of the demolition of the property located at 109 East 1st
Avenue.
Page 2
As of December 31, 1986 no action has been taken on installing plywood
along the side of the Herrgott building because of Mrs. Hergott' s
unwillingness to sign the covenant not to sue the City. The Assistant
City Attorney' s office strongly recommends that the City not initiate
this temporary repair without the covenant not to sue being signed
because this might be considered by the courts to be an admission of
responsibility by the City for any damage which could occur or has
occurred to the Herrgott building.
ALTERNATIVES
Authorize a repair in the amount of approximately $300 to the Herrgott
building contingent upon Mrs. Herrgott signing an agreement with the
City not to sue the City nor make the City responsible for any damage
which may have occurred or will . occur' to her building as a result of
the demolition of the structure at 109 East 1st Avenue.
Do nothing regarding the repair of the Herrgott building.
STAFF RECOMMENDATION
It is recommended that the HRA Executive Director order the temporary
repair of the upper part of the west wall of the Herrgott building
only after the signing of an agreement by Mrs. Herrgott whereby she
agrees not to hold the City liable for any damage which may have occurred
to her building.
ACTION REQUESTED
Move to direct the Executive Director to order temporary repairs to
the Herrgott building in the approximate amount of $300,only after
Mrs. Herrgott signs an agreement which would relieve the City of any
liability relative to damage which may have occurred to Mrs. Herrgotts
building as a result of the demolition of the property at 109 East 1st
Avenue.
2. Determine if John Leroux has sufficient time to serve on the
committee and have that be considered a part of his responsi
for serving on the property acquisition negotiating team.
3. Have the staff negotiate without an HRA member present.
STAFF RECOMMENDATION
Either alternative no. 1 or .no. 2 -above -is recommended. If Mr.
has sufficient time available to negotiate it could be construe
part of the responsibilities of the HRA member on the property
acquisition negotiating team.
ACTION REQUESTED
Move to appoint to represent the HRA in negotiating fc
the development of the former women' s prison site with Mr. Thon
Massey.
- sA
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Endorsement of the concept to enter into a purchase
agreement with the State of Minnesota Department of
Administration for the purchase of the site of the
former Women' s Correctional Facility in Shakopee
DATE: January 6, 1987
Introduction•
As indicated in HRA memo #5, the HRA is currently
negotiating with the State of Minnesota Department of
Administration (MNDA) for the purchase of former correctional
facility property. MNDA will be sending the City an option to
purchase which will enable in HRA to have a six month option to
purchase the property for the price of $145 , 000 . 00 .
Background:
On December 17 , 1986 Mr. James Pederson, the Assistant
Commissioner of MNDA sent a letter to the Executive Director
indicating a willingness to enter into a purchase option for six
months for the subject property. This option would allow. the HRA
to purchase the property for $145 , 000. 00 and would give the HRA
the responsibility to provide for maintenance, security and
insurance on the property. Mr. Jim Zellmer, of the Department of
Corrections indicated to the Executive Director on January 5 ,
1987 that the Department of Corrections would like to expedite
the sale of the subject property. He therefore requested that
the HRA endorse the concept contained in the letter of December
17th (attached) and authorize the Chairman and Executive Director
to enter into an option to purchase agreement for $145 , 000 . 00 for
the old correctional facility site. This purchase agreement will
stipulate that the HRA will be responsible for the maintenance,
security and insurance on the property.
It is expected that the details discussed above will be
memortalized in a purchase agreement that should be received in
the near future from the MNDA.
Mr. Zellmer will be in attendance at the January 6th HRA
meeting and will answer any questions that HRA members might have
on the option to purchase agreement.
Alternatives:
1. Authorize the Chairman and Executive Director to enter into
an option to purchase agreement with the Minnesota
Department of Administration for a six month period in the
amount of $145 ,000 . 00.
2. Do not authorize any action on this subject at this time.
ff Recommendat'
Alternative
ion Requested:
Move to auth
er into an agr
en' s Correct
C� nnn nn fnr A
T OF MINNESOTA
w. J
epartment of
dministratior,
OFFICE OF
1E CONIAIISSIONEI
Architectural Design
Building Code
Building Constructior
Contracting
Data Practices
Data Processing
Employee Assistance
Energy Conservatior
Fieet Management
Information Managem
inventory Manageme'.
Local Government Svst
Management Analysi
Plant Manaeement
Printing S Mailing
Public Documents
Purchasing
Real Estate Managem
Records Managemel
Resource Recycling
State Bookstore
Telecommunication
Volunteer Services
200 Administration$'
50 Sherburne Ave'
Sint Paul.AQ innesov
-C,1.2)296-3862
a:�a
it of
ition December 17, 1986 `
F
TONER
Mr. Dennis R. Kraft
Executive Director
resign City of Shakopee
129 East First Avenue
tie Shakopee, Minnesota 55379-1376
uction
g Dear Mr. Kraft:
:es
I am pleased to learn that the City of Shakopee has an interest
ing in purchasing the recently vacated Women's Correctional Facility
stance in Shakopee.
ration We can accept that portion of your proposal dated November 25,
nent 1986 which offers a six month option to purchase the property at
$145,000.00. During the six months, the City would be able to
tgement conclude a suitable development agreement. The City would also
assume the obligation to provide for maintenance, secure the
ement property, and to indemnify the State for any damage that might
Systems occur to persons or property. Any heating of the buildings on
ialvsis
the property would be optional, and at the City's expense.
nent Unfortunately, certain portions of your proposal are unacceptable
because of statutory limitations. After the six month period, we
�l'°g cannot accept a $250,000.00 offer for the land conditioned upon
ents the State demolishing the existing buildings. (As you know, Laws
of 1986, Chapter 367 which provides for this special sale
procedure requires that proceeds from the sale of the land must
Bement be deposited in the State's general fund.) There is no
appropriation giving the Department of Administration authority
:mens to plan for demolition or clear this site for purposes of sale.
Ging
Therefore, if the City does not exercise its option to purchase
"e in six months disposition of this property would be made under
tions the general statutory procedure for handling surplus property, as
provided in Minn. Stat. Ch. 94.
ices
Mr. Dennis Kraft
December 17, 1986
Page 2
If the City elects tO
details of this trar
agreement. Please fe,
Real Estate Managemen'
regarding this matter.
Since{ely,
Js L. Pederson
Assistant Commissioner
l
MEMO TO: The Shakopee Housing and Redevelopment Authority (HRA)
FROM: Dennis R. Kraft, Executive Director 0,
RE: Consideration of an Appeal From Mr. Douglas Kallevig to
Purchase Property Located at 303 East 1st Avenue
DATE: December 31, 1986
INTRODUCTION
In August this year the HRA ordered an appraisal of the property
owned by Mr. Kallevig and located 303 East 1st Avenue. Subsequent
to the receipt of the appraisal the HRA decided not to purchase this
property even though Mr. Kallevig indicated an interest in selling
the property to the City or HRA. Mr. Kallevig was in attendance at
the meeting when the decision was made not to purchase this property,
however, he would like the HRA to reconsider purchasing his property
at this time.
BACKGROUND
The tentative alignment of the mini-bypass would result in the property
located at 303 East 1st Avenue having to be purchased. As the HRA
is aware, the final alignment of the mini-bypass has not yet been
determined although work continues on the alignment with the Minnesota
Department of Transportation.
During the summer of 1986 , the building inspector declared the property
at 303 East 1st Avenue to be unfit for human occupancy. At that time
it was determined that it would cost approximately $5, 000 to bring
this property into code compliance. As a result of this building code
action the property is presently vacant.
As stated in the August 14, 1986 HRA memo, if the HRA were to acquire
the property a deteriorated structure would be removed from the downtown
area and if the property were vacant relocation costs would not have
to be paid.
After considering all of this information the HRA decided not to pursue
the purchase of this property at this time.
Within the past week Mr. Kallevig contacted the HRA staff and indicated
that he would like to have a few minutes of the HRA' s time at the
January 6, 1987 meeting for the purpose of requesting a reconsideration ..
of the HRH' s earlier decision not to purchase the property.
ALTERNATIVES
1. Reconsider and recind the earlier action and pursue the purchase
of the property at 303 East 1st Avenue.
2. Decide to not purchase the property at 303 East 1st Avenue at
this time.
Page 2
ACTION REQUSTED
Move to direct the staff to negotiate with Mr. Kallevig for the purchase
of his property at 303 East 1st Avenue or move to not reconsider the
action taken during the fall of 1986 and not pursue the purchase of
the property at 303 East 1st Avenue.
dbs
PROCEEDINGS OF THE SH.4KOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA DEC771BER 2, 1986
lice Mayor Wampach called the meeting to order at 7:00 p.m. with Cncl.
Lebens, Clay, Leroux and Vierling present. Mayor Reinke was absent. Also
present were John K. Anderson, City Administrator; Dennis Kraft, Executive
Director; Kenneth Ashfeld, City Engineer; Judi Simac, City Planner, Judith S.
Cox, City Clerk; and Julius A. Coller, II, City Attorney.
City Attorney delivered the oath .of office to Steven Clay.
Leroux/Vierling moved to adopt Resolution No. 2659, A Resolution Approving
the Appointment of Comm. Steven Clay for the Housing and Redevelopment Authority
in and for the City of Shakopee. Motion carried unanimously.
Lebens/Leroux moved tQ recess for HRA meeting. Motion carried unanimously.
Leroux/Vierling moved to reconvene to City Council. Motion carried unanimously.
Vice Mayor Wampach asked if there was anyone in the audience who wished
to address anything not on the agenda. There was no response.
Leroux/Lebens moved to adopt Resolution No. 2651, A Resolution of Appreciation
to Dennis Roske for Serving on the Shakopee Community Access Corporation.
Motion carried unanimously.
Leroux/Lebens moved that Gloria Vierling be appointed as the City's repre-
sentative on the Board•. of Director's of Murphy's Landing. Motion carried
unanimously.
Lebens/Leroux moved to authorize a check in the amount of 8680.76 to Wishing-
well Farm Inc.and Greggor E. Keller for satisfaction of judgement- against the City.
Roll Call: Ayes: Unanimous Noes: None motion carried.
Leroux/Lebens moved to open the public hearing on proposed assessment for
the 1980-3 Holmes Street Reconstruction Project.
Motion carried unanimously.
The City Engineer reviewed the assessment role stating that there are two
property owners involved, Mr. Jerome Wampach and Arthur Fonder.
Lebens/Vierling moved to close the public hearing. Motion carried unanimously.
Vierling/Leroux offered Resolution No. 2657, A Resolution Adopting Assessments
on Holmes Street Reconstruction Project No. 1980-3 and moved its adoption.
Motion carried unanimously.
Leroux/Vierling moved to advertise for bids for chassis and tank apparatus
for a tankard truck for Shakopee Fire Department. Motion carried unanimously.
Shakopee City Council
December 2, 1986
Page -2-
Vierling/Leroux moved to advertise for bids for Compressor System, electrical
wiring and mounting platform for Shakopee Fire Department Breathing Air
Compressor System. Motion carried unanimously.
Vierling/Leroux moved to authorize the City :bgineer to monitor and approve
Septage Waste Hauler permits for the Metropolitan Waste Control Commission
Blue Lake Site.
Roll Call; Ayes: Unanimous Noes: None Motion carried.
Vierling/Leroux moved to authorize Community Development Director Dennis Kraft
to carry over up to sixty hours of leave without pay to June 30, 1987.
Roll Call: Dyes: Unanimous Noes: None Motion carried.
Vierling/Leroux moved, to authorize and direct proper City officials to
enter into an agreement with Jack Brambilla and Bergstad Properties for
a Municipal Parking Lot Permit for 1987 for the Black Arrow Parking Lot
at x'12.00 per parking space.
Roll Call: !dyes: Unanimous Noes: None Motion carried.
Vierling/Leroux moved to authorize the proper City officials to execute a
farm lease with Gene Hauer for the Memorial Park land for 1987 under the
same terms and conditions as 1986.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to approve the bills in the amount of 0"746,794.76.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Vierling/Leroux moved for a 10 minute recess. Motion carried unanimously.
Lebens/Clay moved to reconvene at 8:05 p.m. Motion carried unanimously.
Leroux/Lebens moved to open the public hearing for request for vacation
of roadway easement in Eaglewood 3rd Addition. Motion carried unanimously.
The City Clerk said it was the request of residents living in the Eaglewood
'rd Addit;nn to vacate the roadwav easement in Ea-mlewood 3rd Addition_
City Council
December 2, 1986 ux
Page -3-
Leroux/Vierling moved to reopen the public hearing to consider suspension or
revocation of 3.2 beer license. Motion carried unanimously.
The City Clerk said that a certification of insurance for SuperAmerica expired
on December 1 , 1986, and they have promised that the City would receive an
insurance binder or certificate of insurance on December 3, 1986. Vice Mayor
Wampach asked if there was anyone from audience who wished to address this matter .
There was no response.
Lebens/Vierling moved to close the public hearing. Motion carried unanimously.
Leroux/Lebens moved to suspend the off sale non-intoxicating liquor license.:
of SuperAmerica Stations, Inc. , 1155 East First Avenue until such time as a
certificate of insurance or insurance binder is filed with the City and
accepted by the City Attorney in compliance with the City Code requiring liquor
liability coverage, such suspension to begin at midnight on December 4, 1986.
Motion carried unanimously.
Discussion ensued on the Metropolitan Urban Service Area Sanitary Sewer Plan.
The City Planner said the resolution sets forth a general policy which allows
the 305 acre area to be considered into tradeable land.
Ray Lappegaard, Vice President, J. L. Shiely company, said that they are having
trouble selling approximately 80 acres to the west of the quarry due to lack
of accessibility to the sanitary sewer.
Tim Keane, Scottland Company, 1244 Canterbury Road, expressed their
to the nrnnn—A
Roll Call: ayes: unanimous Avub. 1��i1C ••����•• -�
Cncl. Lebens left at 8:35 p.m.
Leroux/Vierling Offered Resolution No. 2660, A Resolution Setting Additional
Compensation for Certain Employee Positions for 1986, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Discussion ensued on information on comparable worth that was requested
at the November 24, 1986, Council meeting. Gregg Voxland, Finance Director,
reviewed the comparative data for old, new and comparable worth salary
levels.
Leroux/Vierling moved that a Resolution be drafted for the 1987 pay plan
to incorporate the comparable worth as specified on sheet B dated November
12, 1986, but converting implementation of comparable worth from 76% to 100%,
and that Department Head Pay Plan also be converted in the Resolution to
the six step_as opposed to the 10 step method. (The City's comparable worth
pay plan will use the Control Data Study bench marks, the 51% point value/
49% market rate value blend; the Stanton Group Y Salary Survey; and be
adjusted to within 5% of the blended salary figure.) Motion carriers
PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL Q�
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 9, 1986 0
The Mayor called the meeting to order with Cncl. Wampach, Leroux, Clay,
Lebens, and Vierling present. Also present were Barry Stock, Administrative
Assistant;John K. Anderson, City Administrator; Dennis Kraft, Executive
Director; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; and
Julius A. Coller II, City Attorney.
Leroux/Vierling moved to approve the request of the Senior Graduation Party
Committee to use the second floor of the police station to prepare decorations
for the 1987 Senior Graduation Party. Motion carried unanimously.
Wampach/Vierling moved to open the public hearing on Downtown Streetscape
Improvement Project Phase I (Project No. 1987-2). Motion carried unanimously.
Cncl. Lebens arose to the point and stated that upon the opening of a public
hearing such as this, there must be 35% present who are in favor of this project
and agree with the assessment process. At this time there are not five
councilmembers in favor and asked the City Administrator under what grounds
he is proceeding with this hearing. The City Administrator answered that if
35% of the people submitted a petition, then it would not require 4/5 vote
of the council.
Barry Stock, Admn. Assistant showed a slide on the area that will be included
in the Downtown Streetscape project and introduced Gary Laurent, Chairman
of the Downtown Committee.
Gary Laurent stated that the downtown area is in critical need of attention.
Pedestrians are physically at risk. He reviewed the goals and objectives
used: Create an economically viable area in the downtown, create an image
for the downtown conducive to business and pedestrians, consolidate parking,
get the parking where it belongs and provide safety for pedestrians.
Kenneth Ashfeld, City Engineer gave a brief update on where the City is in
relationship to all the various projects being considered to improve the
downtown area. He said the problems in the downtown area are appearance,
streets abutting businesses, and sidewalks. The other major problem is the
traffic going through downtown. He reviewed the two other highway projects
that the City is involved in being the southerly bypass and mini bypass. The
southerly bypass is programed by MN/DOT to commence design work within the next
year. The schedule on the southerly bypass is to begin in 1990 and complete
in 1992. The City has worked a private/public partnership with Mn. Dept. of
Transportation and has committed $1,000,000.00. The City has also worked a
private/public partnership with MN/DOT for construction and right-of-way costs
for the 169 bridge and has committed $1 ,900,000.00. Construction is programmed
for 1990.
Tim Erkkila, Landscape architect, gave a slide presentation of the downtown
area. The problems within the downtown area are narrow sidewalks, parking
shortages, old light fixtures and overall appearance. The proposed project
would allow more parking, parallel parking on one side of street and angle
parking on the other.
City Council
December 9, 1986
Page -2-
Barry Stock reviewed the cost of the project and how it was determined.
He said for 3 and 4 family residential properties the streetscape
portion will be deferred until the property is converted to commercial use,
on 1 and 2 family residential property, the streetscape and street rehabilitation
assessment will be deferred until the property is converted to commercial use.
Eie-explained the proposed project, where it will be located and that 25%
of the cost is being assessed per the Street Rehabilitation policy and that
75% to the cost will come from tax increment financing.
The City Administrator explained where tax increment financing comes from
and what it is used for. He said it is derived from new development the first
being the new senior citizens highrise and K-Mart warehouse distribution center
and the last one being the racetrack.
Mayor Reinke asked if there was anyone from audience who wished to speak on
this matter.
Ron Sherer, 1037 Bluff Avenue, Shakopee, asked if the City could go 75% tax
increment, why can't they go 100%. Barry Stock answered that if they did
go 100% that it would be inconsistent with the City's past policies on street
rehabilitation.
Mona Strunk, 103 E. 3rd, asked if 3rd street will be done as a separate
project. She wonders if it really is going to be a benefit for her, she
cannot see that they will improve her property $8,400. Barry Stock said that
the City does have to prove the benefit and that she does have the right to
bring them to court to prove it. Cncl. Leroux asked how it would affect
her assessment since her portion of the north, south street has already been
improved.
Audrey Jensen, speaking for her father-in-law, Tom Novitzki of 208 So. Atwood,
asked how it would affect her property. Barry Stock answered that since her
street has already been improved on 2nd Avenue, it is likely that there would
not be an additional assessment for improvements that have already been made
and assessed.
Cncl. Wampach asked if the City would be willing to give the actual assessed
value of the improvement for the purchase of the property or if the City would
condemn the property. Barry Stock answered that it would depend on the actual
value of the property.
Lorraine Reis, 220 W 3rd, asked what improvements could be made to the property
on Atwood and 3rd. She also said that she did not care for the way she was
approached on signing the petition, she was told that it would not cost her
anything. Mayor Reinke said that some of the north/south streets are 44 feet
wide and some of the streets after reconstruction will no longer be 44 feet,
from the City's standpoint, they are looking at making some streets narrower.
Tim Walsh, 315 Lewis, asked if the mini by-pass was already under way and
what the status is. The City Engineer said that it is still in the preliminary
design planning stages.
City Council
December 9, 1986
Page -3-
Ray Seibenaler, 119 W. 4th Avenue, referring to the property at 221 E. 2nd
Avenue , asked how the railroad would be assessed since it goes right through
it. The City Engineer said the curbing and drainage section only will be
assessed to the railroad.
Chuck Mensing, 117 Fuller, said that as a downtown businessman he feels that
without the mini bypass, the downtown area improvement will not be worth anything.
Mrs. Naegle, 137 W. 4th, asked if there was any plans to do anything between
3rd and 4th on Fuller, she said there is still junk left from the construction
done this summer. Mayor Reinke replied that some of the rework along the curb
line did not get completed this fall, the cleanup work will be completed
next spring and any problems or damage done to your property will be taken care of.
Tose TI-- .i --- 7 14P i.1 1 .+t --;A 1— 1-,-- A--- o.,mo t.,
City Council
December 9, 1986
Page -4-
Marion Houle, corner of Sommerville and 3rd, asked if she was being assessed
for the railroad property going throught the corner of her land. The Mayor
answered that since she does not own the property she will not be assessed
for it.
Mrs. Schneider, 127 W. 4th, asked if the new sidewalks will be made wider.
The City Engineer replied that the sidewalks should be of 5 foot width and
he will check into the matter and respond back to her.
Dick Stokes, 135 S. Atwood asked how 2nd Street could be improved because the
land belongs to the railroad not the City. The City Engineer said that all
along 2nd Avenue the streetscaping will be decreased as it relates overall.
The City Administrator said they will investigate the matter further on how
his property will be assessed and get back to him with the answer.
Mayor Reinke said that the Council has not made a final decision yet as to
whether to go ahead with the project or not. There will be a few more hearings
before any bids will be awarded and any final assessments are made.
Rich Alber, 212 E. 1st Avenue asked if the City had anything in writing from
Mn/DOT in regards to the bypass. Mayor Reinke answered that there is nothing
in writing but the City is going to be contributing money for this project.
Beth Kelzer , 140 W. 3rd, said she believes the City should get their priorities
straight first. The traffic problem should be eliminated before we decide on
any streetscaping.
Jeff Kelzer, 140 W. 3rd Avenue, asked if the money that was being set aside
for the streetscaping is included in the money set aside for the mini-bypass.
The City Engineer answered that it is not included. Discussion ensued on
where the bypass will be going and how that will affect the traffic going
into downtown Shakopee.
Wampach/Leroux moved for a 10 minute recess. Motion carried unanimously.
Wampach/Vierling moved to reconvene at 10:45 p.m. Motion carried unanimously.
Karen Lebens, 207 Atwood, asked if they could use tax increment money to redo
their building which was damaged while the construction was going on this
summer. She also asked what would replace the trees in the streetscapes
when they die to which the City Administrator said they will be replaced as
are other boulevard trees. She stated she is definately opposed to the Downtown
Streetscape proposal as it is now.
Tom Gestach, 220 South Street, said that he is not in favor of the Downtown
Streetscape project, he would rather see his money spent on repairing the
traffic problems within the City. He also asked what recourse would the
citizens have if this project went through. Mayor Reinke replied that anyone
who is affected with an assessment and believes their property is not benefitted
would have the right to take the City to a court of law.
City Council
December 9, 1986
Page -5-
Joe (Butch) Notermann 841 So. Market Street, said that he is not an opponent
to the Downtown Redeveloment Project but he questions the way it is being
done. He said the main consideration that should be taken is the property
owners ability to pay. He feels the bypass should be the main concern for
the City right now.
Terry Forbord, 2103 Bridge Crossing, member of the Downtown Committee, said
the do nothing approach should never be taken, in 4 years he feels it would
be too late, there may not be tax increment money left.
Mayor Reinke asked if there was anyone else from the audience who wished to
speak on this matter. There was no response.
Lebens/Wampach moved to close the public hearing.
Roll Call: Ayes: Cncl. Lebens, Wampach, Vierling and Clay
Noes: Cncl.-_Lerouxand :Mayor_Reinke
Motion carried.
Vierling/Clay moved to reconsider motion to close public hearing. Motion
carried with Wampach and Lebens opposed.
Cncl. Leroux said that there are a lot of things about this project that are
still up in the air and that the public hearing should not be closed. He
replied to Butch Notermann that the residential property owners assessments
will be deferred until their property is sold.
Cncl. Wampach asked the City Attorney if there was such a thing that could
be drawn up like a 25 or 30 year moratorium stating that they will not be
assessed again. The City Attorneystated that there was nothing that could be
done in regards to that happening.
Cncl. Clay suggested the possibility -of assessing the street reconstruction,
but paying for the streetscape out of tax increment funds.
Cncl. Leroux stated that everyone uses the downtown, but not everyone uses
all the streets in the residential area.
Cncl. Vierling stated that she too is looking at assessing less for streetscape,
but all questions can't be answered tonight.
Lebens/'Vierling moved to continue the public hearing. Motion carried unanimouslN
Butch Notermann said that the basic issue is dollars and cents and that must
be resolved before a final decision should be made.
Leroux/Vierling offered Resolution No. 2662, A Resolution to Authorize the
City to Release Restrictive Covenants on Certain Property, and moved its
adoption. Motion carried unanimously.
Mayor Reinke said that the next public hearing will be advertised and notices
will again be sent out.
Clay/Vierling moved to adjourn to December 16, 1986 at 7:00 p.m. Motion-- carried
unanimously. Meeting adjourned at 11:45 p.m.
Judith S. Cox Carol L. Schultz
City Clerk Recording Secretary
^IOP_„ =71- 00:77,T=-L v
ITISOTA D^^._.^^:B--,E? 16, 1986
7:00 p.m. wi th .^`nc1. T eroux,
-41 so present were John K.
Cit - gigineer; Dennis Kraft
Tud.i-th .9. Cox, City Clerk;
wn revitalization project
:s originally signed by
ri tndrawn their signatures
Z4,'J". thus in vali dating
property owners .
petition from
om the original
n carried with
ished to
and lro vember 2.5 ,
0
City Council
December 16, 1986
Page -2-
Lebens/Vierling moved to receive and place on file the letter from Robert
Vierling regarding his injury occuring at 221 E. 4th Avenue when he stumbled on
the incomplete sidewalk. Motion carried unanimously.
The City Administrator indicated that the claim was being handled by our insurance
carrier as any other such claim.
Leroux/Lebens offered Resolution No. 2668, A Resolution in Appreciation to Kenneth
Hanel for Outstanding Dedicated Service to the City of Shakopee and moved its
adoption. Mayor Reinke read the resolution. Motion carried unanimously.
Leroux/Lebens moved to re-open the public hearing on the request for the vacation
of a roadway easement in Eaglewood 3rd Addition. Motion carried unanimously.
Discussion ensued on vacating the temporary easement in the Eaglewood 3rd Addition.
The City Engineer and Public Works Superintendant evaluated the status of the road
and recommended minimal improvements with no upgrading of the roadway's structural
capabilities.
Leroux/Vierling moved to close the public hearing. Motion carried unanimously.
Leroux/Veirling offered Resolution No. 2658, A Resolution Vacating Temporary
Easements in Eaglewood 3rd Addition, and striking number three for retaining
the easement for the temporary emergency access but vacating the easement across
Lot 5, block 1, which is not needed or used for the existing temporary access, and
move its adoption, additionally direct staff that the barriers will be of rough sawn
lumber type so that they blend into the area. Motion carried with Mayor Reinke opposed.
The City Planner reviewed the request from Fairest Made Foods Inc. to amend the
City Code to allow limited food processing in a B-1 District.
Lebens/Vierling moved to direct the City Attorney to prepare an ordinance which will
amend Section 11.29, Subd. 3 of the City Code to allow limited food processing
as a conditional use in the B-1 District subject to the following standards:
I. No slaughtering of meats, poultry or fish on the premises.
2. The operation must combine processing and wholesaling of a product.
3. Liquid waste must have primary separation.
4. Emmissions shall be limited to gases. No liquid pollutants
shall be released into the environment. Steam exhaust is acceptable.
5. The facility must pass federal and state inspections.
Kscussion ensued on allowing manufacturing companies in a B-1 District, also
rendering of meat that might occur within a B-1 district if this request is
passed.
Vierling/Clay moved to amend the main motion to insert the word "or rendering"
under condition no. 1.
Roll Call: Ayes: Cncl. Leroux, Lebens, Vierling, Wampach and Clay
Noes: Mayor Reinke
Motion carried.
City Council
December 16, 1986
Page -3
-
Roll Call on main motion as amended: Ayes: Cncl. Clay, Vierling, Lebens
and Wampach
Noes: Cncl. Leroux and Mayor Reinke
Motion carries.
Clay/Vierling moved to accept with regrets Judith Simac's resignation and
authorize the advertisement for the filling of the Planner II position.
Motion carried unanimously.
Discussion ensued on the Downtown redevelopment project. The petition
that Cncl. Lebens submitted to the council regarding the withdrawal of
names from the original petition was referred to the City Attorney. Consensus
was for a work session to be held for the council on January 13, 1987 and
a public hearing on January 27, 1987. A cost rundown of 10% across the
board assessed for streetscape and street rehab with parking lots not
being assessed. More discussion on the timing of Phase I and Phase II as
affected by the bridge. More discussion on improvement of the backs of
buildings in the city, and legal opinion on the submittal of the petition
by Cncl. Lebens. The City Administrator was also asked to check out how
lending institutions would handle deferred assessments when property is sold.
Leroux/Vierling moved to authorize Mr. Stock to carry over 120 hours of
accumulated vacation into 1987 with 40 hours to be taken before March 31, 1987.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/ Vierling moved to purchase three motorola portable radios from
Canterbury Downs for a total cost of $1 ,200, using capitol equipment
funding.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to authorize the purchase of four squad cars from
Than Hawkins Polar Chevrolet in the amount of $45,449.00.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to award the 1987/1988 city towing contract to
Shakopee Towing Company and authorize the proper city officials to execute
a towing contract with Shakopee Towing Company for 1987 and 1988.
Roll Call: Ayes: Uninimous Noes: None Motion carried.
Clay/Leroux moved for a 10 minute recess. Motion carried unanimously.
Wampach/Clay moved to reconvene at 9:35 p.m. Motion carried unanimously.
The City Clerk said that a gambling violation has occured by a liquor
licensee and that if Council wishes to hold a public hearing to consider
revocation of the liquor license, the licensee must be afforded at least
15 days notice of the public hearing.
The City Attorney recommended that instead of the Council holding a fact
finding public hearing, that the matter be laid on the table until such time
as the criminal proceedings have been determined by the district court
and then act.
He also stated that if a decision has not been made by the time liquor
licenses are renewed in June, and if Council has not yet acted,
then the license renewal should be tabled.
City Council
December 16, 1986
Page -4-
Wampach/Leroux moved to table the Pullman Club gambling violation until
after the legal proceedings have been completed or further action of the
Council. Motion carried unanimously.
Discussion ensued on hiring additional police officers to patrol the commercial
districts in Shakopee. Calendar parking should be strictly enforced,
which might warrant the hiring of an additional officer. Consensus was
to conduct further study into this matter and bring back to council at a
later date.
The City Engineer reviewed the background of the Highway 169 and mini-bypass
project. The Three alternatives were reviewed: Alternative 1 provides for
a relatively clean intersection without the need for a signal system.
Alternative 2 provides access to Fuller Street and ingress only to the CBD.
Alternative 3 provides for access to Fuller Street and would provide a
developable space in the southeast corner of Block 5 and adjacent vacated
streets. Disadvantages to these alternatives were discussed as to how they
would affect the pedistrian movements and developable property within the
area. The schedule proposed is to have a presentation to the Senior Citizen
groups in mid January, 1987, and hold a public hearing in late January 1987, in
early February have council selection of design layout and in Spring of
1987 completion of location and design study report to be sent to Mn/DOT
and FHWA for review.
Leorux/Vierling moved to approve Change Order No. 6 to the 1984-8 Trunk
Highway 101 Improvement in the amount of $682.00 to be taken from the
racetrack off-site improvement fund.
Roll Call: Ayes: Cncl. Leroux, Vierling, Clay, Wampach and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Leroux/Vierling moved to pay F. F. Jedlicki, 14203 W. 62nd Street, Eden Prairie,
Mn. 55344, in the amount of $2,788.50 and Louisville Landfill, Inc. 3331
Akers Lane, Jordan, MN 55352, in the amount of $513.50. Above payments
to be made from the City of Shakopee General Fund. (Minnesota Valley
Trail Cleanup Project)
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Clay/Vierling moved to approve the plans and specifications for the Trunk
Highway 101/County Road 83 Signalization, Project No. 1987-1, and setting
a bid opening 10:00 a.m. , January 22, 1987, such bids to be reviewed
by Council on February 3, 1987. Motion carried unanimously.
Cncl. Leroux asked the City Engineer if something could be done to change
the timing of the light on Valley Park Drive and 169. When the racetrack
is not in operation there is no need for a light. The City Engineer
said he would talk to Mn/DOT about changing the timing.
City Council
December 16, 1986
Page -5-
Leroux/Lebens moved to receive and file the Upper Valley Drainage Way
and Outfall Study prepared by Orr-Schelen-Mayeron & Associates, Inc.
Motion carried unanimously.
The City Engineer said the railroad is asking for the City's consideration
on closing various railroad crossings. Discussion ensued on the trafic
on each crossing within the City. Consensus of the Council was to not
close any crossings.
Wampach/Leroux moved to indicated to staff the Council's Desire to not close
any particular crossings in the downtown CBD area. Motion carried unanimously-
Leroux/Lebens moved to approved the application and grant a pool table
license for 1987 to J.B.F. Inc. , 823 East 1st Avenue; R. Hanover, Inc. ,
911 East 1st Avenue; and Fraternal Order of Eagles Aerie 44120, 220 West
2nd Avenue. Motion carried unanimously.
Leroux/Vierling moved to open the public hearing on renewal of taxicab
licenses for 1987. Motion carried unanimously.
The City Clerk stated that the applications are not in order for Council
consideration.
Wampach/Vierling moved to continue the public hearing until January 6, 1987.
Motion carried unanimously.
Vierling/Leroux moved to authorize appropriate City officials to enter into
a 1987 contract with Municipal Ordinance Codifiers, Inc. at $85.00 per
hour for counsel $45.00 per hour for Codifer, and $20.00 per hour for
typing revision pages for updating the Shakopee City Code.
Roll Call: Ayes: Cncl. Leroux, Vierling, Wampach, Clay and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Leroux/Vierling moved to confirm the appointment February 1, 1987 for the
full time assistant building inspector beginning April 1 , 1987, and pass
the information the the County.
Roll Call: Ayes: Unanimous Noes• None Motion carried.
Leorux/Vierling moved to authorize the appropriate City officials to
execute an electrical contract with John Wagner for the 1987 operating year.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to direct the City's bond attorney, O'Connor and
Hannan, to prepare a bond election ballot which states the amount of the
proposed bond issue for the new City Hall and offers an advisory ballot
which allows voters to indicate a preference for the Block 50 site or the
Gorman Street site.
Roll Call: Ayes: Unanimous Noes• None Motion carried.
City Council
December 16, 1987
Page -6-
Leroux/Vierling moved to direct the City Hall Siting Committee to meet with
Boarman Architects to select one or more alternative dates for the bond
election. Motion carried unanimously.
Discussion ensued on setting up a proposed contract with Boarman Architects
for their services in completing the bond referendum yet to be completed
under Phase I of the new City Hall siting committee. Jack Boarman from
Boarman Architects addressed the Council saying that the site issue will ,
be decided by vote, and the question now lies with the cost and structure
of the building.
Leroux/Vierling moved to increase the Phase I contract by $7,600.00 based
on two additional sites and an additional survey at the request of the
siting co7m ttee. (Contract with Boarman Architects)
Roll Call: Ayes: Cncl. Lebens, Leroux, Vierling, Clay and Mayor Reinke
Noes: Cncl. Wampach
Motion carried.
Leroux/Vierling moved to direct appropriate City staff to execute a
standard architectural agreement between the City of Shakopee and Boarman
Architects for Phase II services for the construction of a new City Hall,
said services to commence upon the successful completion of a City Hall
bond issue. Motion carried unanimously.
Leroux/Vierling moved that the City establish a citizens advisory group
to begin meeting in January and this group be of flexible size up to
30-40 people to assist in the bond program for the new city hall. Motion
carried with Cncl. Lebens opposed.
Discussion ensued on the necessity of filling the Planner I position. It
was decided to discuss this issue further at the goals and objectives
meeting.
Lebens/Wampach moved to table filling the Planner I Position until further
discussion at the goals and objectives meeting. Motion carried unanimously.
Clay Lebens moved to direct staff to not submit a Small Cities Development
Program application for 1987. Motion carried unanimously.
Leroux/Vierling move to direct the City Administrator to not pursue
~
designation as the host city for the midwest interstate low level radio-
active site depository. Motion carried unanimously.
Leroux/Vierling moved to approve-the-bills in the amount of $373,294.79.
Roll Call: AYes Unanimous Noes: None Motion carried.
Leroux/Vierling offered Resolution No. 2669, A Resolution Authorizing Delivery
of a Deed to Extinguish and Easement, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling offered Resolution No. 2661, A Resolution Setting' Fees for City
Licenses, Permits, Services and Documents, and moved its adoption.
Motion carried unanimously.
Leroux/Vierling offered Resolution No. 2663, A Resolution Amending Resolution
Number 2457 adopting the 1986 Budget and moved its adoption.
&oll Call: Ayes: Unanimously Noes: None Motion carried.
City Council /
December 16, 1986 (off
Page -7-
Leroux/Vierling offered Resolution No. 2670, A Resolution Concurring with
the HRA Action Terminating and Decertifying Tax Increment Financing
District No. 5 Within Minnesota River Valley Housing and Redevelopment
Project No. 1, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling offered Resolution No. 2666, A Resolution Supporting Federal
Legislation Allowing More State Control of Safety Standards Concerning
Pipelines Carrying Hazardous Substance, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to direct the appropriate staff to review zoning
restrictions establishing the setback from pipelines.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling offered Ordinance No. 210, An Ordinance of the City of Shakopee,
Minnesota, Amending Shakopee City Code Chapter 2 entitled "Administration
and General Government" by Repealing Section 2.20 and by Adopting a new
Section 2.20 and by Adoption by Reference Shakopee City Code Chapter 1 and
Section 2.99, and moved its adoption. Motion carried unanimously.
Discussion ensued on the 1987 Pay Plan for Non-Union Employees. The City
Administrator reviewed the comparison of County salary ranges versus
City salary ranges.
Leroux/Vierling offered Resolution No. 2665, A Resolution Adopting the
1987 Pay Schedule for the Officers and Non-Union Employees of the City of
Shakopee, Minnesota, and moved its adoption.
Roll Call: Ayes: Cncl. Leroux, Clay, vierling, Wampach and Mayor Reinke
Noes: Cncl. Lebens
Motion carried
Discussion ensued on Sergeants Pay Resolution for 1987. The City Administrator
said the Pay Resolution for 1987 will continue as in the past with the
exceptions that the Sergeants additional pay is reduced to bring their
total compensation into line with the comparable worth plan for 1987; and
the Sergeant assigned as Assistant Chief of Police is kept with the same
benefits but the pay is set by the pay plan of the City.
Lebens/Vierling moved to table the Sergeants'Pay Resolution for 1987.
Motion carried unanimously.
Leroux/Vierling offered Resolution Number 2667, A Resolution Amending the
City of Shakopee Personnel Policy Adopted by Resoluton No. 1571 and moved
its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Leroux moved to appoint Bryan Koch to the position of probationary
Police Patrol Officer at a starting salary of $23,687.40 the first step
of the 1987 contract effective January 12, 1987. Motion carried unanimously.
Vierling/Leroux moved to authorize the staff to publish a disclaimer
notice on the individual property assessment amounts for the Downtown
Streetscape and Street Improvement Project. Motion carried unanimously.
Cncl. Leroux stated there is an increase of $174.25 in the pri c
closing on the House of Hoy for the update on the abstract.
Leroux/Clay moved to increase the amount payable to Mrs. Hoy by
to cover the cost of abstract update. Motion carried unanimous_
Leroux/Lebens
admoved to adjourn. Motion carried unanimously. M
journed at 12:30 A.M. E
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
76U
CAVANAUGH
WNEARNEY
FUNERAL HOME
Mr. John K. Anderson December 26, 1986
City Administrator
City of Shakopee
129 East 1st Avenue
Shakopee, Minnesota
John,
I am writing as a follow up to our meeting of December 16, 1986, with you,
Tom Brownell, Tom Philipp and myself regarding the involvement of funeral
escorts by the city police department.
Tom Philipp and I would like very much for this service to continue for the
citizens of our community. We would like to discuss this with the Council
at your next meeting on January 6, 1987. Thank You very much for your time
in this matter.
Sincerely,
dim McNearney
DEC-2 9198&
CITY OF SHAKOPC,
James J. McNearney/333 South Lewis Street/Shakopee, Minnesota 55379/(612)445-2755
Scott-Carver-Dakota Community AIction 41ency, /nc.
420 Oak Street North
Corporate Officers: CARVER,MINN. 55315 C A P
Harold Trende-Chairman Phone: 448-2302
Richard Graham-Vice Chairperson
Denise Parrish-Secretary/Treasurer
COMMUNI- �N Tr
December 12 1986 =*
Ms. Mary F. Sullivan- � PgOOPYM
Executive Director
Mr. John Anderson, City Administrator
Shakopee City Hall
129 First Avenue East
Shakopee, Minnesota 55379
Dear John,
This letter is a request for financial support from the City to assist
in relocating our agency to Shakopee.
As you know, we have researched several buildings and believe we may
have found suitable affordable space.
The space we are looking at is in the Industrial Park; office space
once occupied by Scotland Corporation.
I would hope that the Shakopee City Council would see this as a great
benefit to the community. Locating our Community Action Agency in
Shakopee would provide bettter access forthe low-income residents of
the area as well as bringing additional jobs to Shakopee. Our goal
would be to move in the direction of establishing a Service Center,
locating several social service providers together.
Our request is for financial assistance to offset the increase in rent.
We need to raise $8,000 per year or $24,000 for a three year term of
the lease.
We will be approaching other service organizations such as the Lions,
Rotary, VFW and American Legion in an effort to raise the money. The
support of the City, both financially and conceptually, will enhance
these fund-raising efforts.
Sincerely,
NN
Mary F. Divan
Executive Director
-
�;ECEMBER 22. 19S6
Wailace & Joanne Bakken
Hwy. 101 & Marschall Road
1251 E. First Avenue
Shakopee, MN 55379
(612)445-5074
OL AID
DEAR COUNCIL MEMBERE .
:N TALKING TO THE D. N. F . AND THESTATE TRAIL SYSTEM PEOPLE I
HAVE FOUND THAT THERE WILL BE MONEY AVAILABLE TO COMPLETE THE
3. N. R. TRAIL TO MURPHY' S LANDING PROVIDING WE CAN FIND A WAY TO
LOOP THE SNOWMOBILE TRAIL SO IT CAN CONNECT WITH ESTABLISHE[
TRAILS GOING TO PRIOR LAKE.
AE HAVE RECIEVED PERMISSION FROM MR. GENE HAUER TO CROSS HIS
PROPERTY. WE STILL HAVE A SMALL SECTION OF TRAIL THAT IS NEEDE[
70 CONNECT FROM THE EXISTING MINNESOTA STATE TRAIL HEAD LOCATED
NEAR THE COMMUNITY SERVICE BUILDING TO THE OLD RODEO GROUNDS ON
�O BLUFF AVENUE AT MARKET STREET. THEN EAST ON BLUFF ONE BLOCK TO
MINNESOTA STREET THEN NORTH TO THE RIVER BOTTOMS THEN FOLLOK
9IVER BOTTOMS EAST PAST THE SHAKOPEE VALLEY MOTEL FOLLOWING THE
EXISTING TRAIL THROUGH THE CITY PARK LAND ON THE BOTTOM WHERE THE
zARMER FARMS AND UP THE ROAD TO HIGHWAY 101 AT THE WEST ENTRANCE
OF MURPHY' S LANDIN6.
WE NEED INFORMATION ON THE FOLLOWING:
1 . CAN WE TRAVEL ON BLUFF AVE FOR THAT ONE BLOCK NEAR MARKET AN[
ENTER THE RIVER BOTTOMS AT MINNESOTA STREET?
2. CAN WE USE THE CITY PROPERTY BELOW THE PARK THAT THE FARMEF
FARMS FOR SNOWMOBILING AND CROSS COUNTRY SKIING?
3. COMMING FROM THE CITY PARK TO HIGHWAY 10�
CAN WE USE THE ROAD
' HAT
Iv!URPHY` S LANDING ONCE OWNED?
4. CAN WE TRAVEL THROUGH THE DITCH ALONG SHENANDOAH DRIVE TO MR.
HAUER' S FARM TO COMPLETE THE TRAIL TO PRIOR LAKE?
. r. .. 9 1VaLeI T I yr Iv /01I VKML 11c .7vW11
PHONE NO. 296-2553 1200 Warner Road, St. Paul , Minnesota 55106
December 30 , 1986
John Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 553 79- 13 76
Dear John :
The Department of Natural Resources would like to extend the Minnesot
Valley Trail east (downstream) from its present terminus by the Parks A
Recreation office. There is one problem area and we need the he1P and
approval of the City. The problem area is the marina area owned by Bob
Sweeney which lies adjacent to the Minnesota River between Minnesota and
Market Streets.
We have determined that a bridge (previousl considered) across the neck of
the entrance to the marina is not practical . An alternative, so indicated
on the attached sketch, is to use part of Bluff Street and the Platted
Portion of Minnesota Street lying north of Bluff Street. Since this
platted portion of Minnesota Street is not currently a road, we need a
legal decision on the question: Can the platted portion of Minnesota
Street lying north of Bluff Street be used for the Minnesota valley Trail ?
The trail would be a ten foot wide paved path used by bikers and hikers in
the summer and snowmobiles in the winter. If the use of snowmobiles is not
acceptable we will try to work out something with Mr. Sweeney to find an
alternate route for snowmobiles.
Enclosed is a copy of the snowmobile rules. 84.87 (Page 6) describes the
rules related to the use of snowmobiles on streets and highways.
The State supports the proposal made by Mr. Bakken to extend the
Landing-
grants- in trail south from Murphy's Landing.
I await your decision on the Minnesota Street issue. Thank you.
Sincerely,
d,.-a �J�
Bill Weir
Regional Park Manager
cc: George Muenchow, Community Services Director
Denis Kraftt n
Bruce sla , Manager, Minnesota Valley Trail
BW650: lk AN EQUAL OPPORTUNITY EMPLOYER
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JuL1us A. COLLIER, II
JULIUS A.COLLER ATTORNEY AT 1.Aj^T ''..,a gt�_44S-1244
1859-1940 211 WEST FIRST AV EN U E j)9(v�6
SHAKOPEE, MINNESOTA *� +,�y
55379 y�) f y �l S�",�AKOPEE
December 31, 1986
Mr. John K. Anderson
City Administrator
Shakopee City Hall
129 East First Avenue
Shakopee, Minnesota 55379
Dear Mr. Anderson:
In the communication the Council received recently from Mr. Wallace
Bakken four questions were posed and you sent them on to me for an
answer. Herewith are the answers.
Wim+-,, . -•
Question 1: Can we (the Bakken interests) traveljon Bluff Avenue for one
Block near Market and enter the river bottoms at Minnesota Street?
Answer: Yes, providing that you operate in the most right hand lane.
Shakopee City Code Section8.30 Subd 3 page 195.
Question 2: Can we (the Bakken interests) use the city property below the park
that the Farmer farms for snowmobiling and Cross Country Skiing?
Answer: Yes, providing you get the written consent of the tenant and the City
of Shakopee, Shakopee City Code Section 8.30 Subd 3
Question 3: Can Bakken interests use the road coming from the City Park to
Highway 101 that Murphy's Landing once owned?
Answer: The City of Shakopee passed an Ordinance No. 290 on December 17, 1960
which provided for the conveyance of certain lands of the Scott County Historical
Society and as a part thereof the City reserved as a roadway a strip of land
50 feet in width, the center line of which coincides with the center line of
existing traveled roadway as presently located and traveled; said tr* of land
being located in the Northwest Quarter of Section 5, Township 115/,�ange 22 West
and running in a general northerly - southerly direction between State Trunk
Highway 101 and 30 feet North of the Mill Creek, but the Council did authorize
that Scott County Historical Society, its licensees and invitees to use the road
for passage in common with others-. Subsequently, to-wit, February 3, 1969, a
deed was, executed in conformity with the ordinance and the deed has been recorded.
Subsequently, the City Council passed Ordinance No. 300 which in no way had any
bearing on the reservation of the access rights as reserved by the roadway reserv-
ation. November 13, 1973 the Council passed another Ordinance but this Ordinance
while dealing with some of the Scott County Historical Society property had no
bearing on the roadway.
The bottom line is that the City can authorize any use of the roadway for snow-
mobile purposes
2 -
December 31, 1986
to: John K. Anderson, City Administrator
Question 4: Can the Bakken interests travel through the ditch along Shenandoah
Drive to Mr. Hauer's Farm?
Answer: Yes. See 8.30 of the Shakopee City Code Subdivision 3
Respectfully submitted,
J us A. Coller, II
Shakopee City Attorney
JAC/nh
with a muffler as required by law and these rules, except that
snowmobiles may be operated in organized events as authorized
by Minn.Stat.§84.871,without such a muffler.
2. No snowmobile manufactured on or after June 30, 1970,
and before February 1, 1972, for sale in Minnesota, except
snowmobiles designed for competition purposes only, shall be
sold,or offered for sale,unless it is equipped with a muffler that
limits engine noise to not more than 86 decibels on the A scale at
50 feet.
3. No snowmobile manufactured on or after Feburary 1,
1972, for sale in Minnesota, except snowmobiles designed for
competition purposes only, shall be sold, or offered for sale,
unless it is equipped with a muffler that limits engine noise to not
more than 82 decibels on the A scale at 50 feet.
4. No snowmobile manufactured on or after April 1, 1975,
except a snowmobile designed for competition purposes only,
shall be sold,offered for sale,or operated in Minnesota unless it
is so equipped and has been certified by the manufacturer to
conform to a sound level limitation of not more than 78 decibles
on the A scale at 50 feet as originally equipped.
5. In certifying that a new snowmobile complies with the noise
limitation requirements of this rule,a manufacturer shall make
such a certification based on measurements made in accordance
with the SAE Recommended Practice J192(a),as set forth in the
Report of the Vehicle Sound Level Committee,as approved by
the Society of Automotive Engineers September 1970 and revised
November 1973.
6. No snowmobile shall be sold or offered for sale in Min-
nesota unless its maker shall have previously furnished the
Commissioner with a certificate of compliance certifying that all
such snowmobiles made by that maker met or exceed the ap-
plicable noise level restrictions established by these rules. The
certification of compliance required in the foregoing shall be in
the form of a "Snowmobile Safety Certification Committee"
label conspicuously attached to the machine showing cer-
tification by the Snowmobile Safety and Certification Com-
mittee, Inc. Snowmobiles intended for competition purposes
only shall be exempt from this rule provided a separate placard
identifying that such snowmobile is not so equipped is con-
spicuously and permanently affixed thereto.
7. Except for organized events as authorized by Minn. Stat.
84.871, no snowmobile shall be modified by any person in any
manner that shall amplify or otherwise increase total noise level
above that emitted by the snowmobile as originally equipped,
regardless of date of manufacture.
§ 1.0058 Penalties.
a. Any person who shall violate any of the provisions of these
regulations shall be guilty of a misdemeanor.
b. A manufacturer who certifies that a new snowmobile can
meet the sound level limitations imposed by these rules shall be
subject to the penalty provisions of subsection A. for each
machine so certified which does not meet the applicable sound
level limitations.
20
3. Reflector material of a minimum area of 16 square inches
mounted on each side forward of the handle bars. Reflector
material shall have at least the minimum intensity values as
prescribed in Table If of federal specifications L-S-300A,dated
January 1, 1970. Registration numbers, the manufacturer's
trade name, or other decorative material, if meeting minimum
reflect orization standards, may be included in computing the
required 16 square-inch area.
4. Brakes adequate to control the movement of, and to stop
and to hold the snowmobile track under normal conditions of
operation.
5. "Street or highway" means the entire width between
boundary lines or any way or place when any part thereof is open
to the use of the public, as a matter of right, for the purpose of
vehicular traffic.
b. Any sled, trailer or other device being towed by a
snowmobile during the hours of darkness under normal at-
mospheric conditions shall be equipped as follows:
1. Unobstructed and visible reflector material shall be
mounted on each side and at the rear of the sled, trailer or
vehicle.
2. The Reflector material required herein shall have at least
the minimum intensity values set forth in 6 MCAR§1.0057 A.3.
or it shall be in accordance with Reflex Reflectors,SAE J594E.
c. All snowmobiles made after June 30, 1972, and sold in
Minnesota; shall bear the maker's permanent identification
number so placed and of such size as follows:
1. Be stamped into the right outside vertical surface of the
track tunnel in an area within 12 inches of the rearmost edge of
the track tunnel,or other approved location.
2. Have a height of numerals and letters of not less than %4
inch.
3. Have a depth of embossing of not less than 0.010 inch.
4. Be readable without moving any part of the vehicle.
5. Each snowmobile so manufactured shall bear an individual
number which is not duplicated by that maker at any time within
the succeeding ten(10)years.
d. All snowmobiles made after June 30, 1972, and sold in
Minnesota, shall be designed and made to provide an area on
which to affix the snowmobile registration number at the
following location and of the following dimensions:
1. A clear area shall be provided on each side of the cowling
or pan with the minimum size of 3%z inches vertical times I 1
inches horizontal.
2. It shall be minimum of 12 inches form the ground when the
machine is resting on a hard surface.
e. Mufflers.
1. No person shall operate a snowmobile unless it is equipped
19
CONTENTS
SNOWMOBILE LAWS—MINNESOTA STATUTES
Definitions . ..... ..... . .. . .. ... . ....
Snowmobile Registration ........ . ..............
Requirements For Makers of Snowmobiles........
Disposition of Receipts. . .......................
Transfer or Termination of Snowmobile Ownership
Licensing by Political Subdivisions. . ........... .
Rules and Regulations..........................
Operation: Regulation by Municipalities..........
Operation Generally ...........................
Regulations by Political Subdivisions. . . .........
Mufflers . . ....................................
Crossing of Streets or Highways by Youthful
Snowmobile Operators; Prohibitions. . . .........
Signal from Officer to Stop........
Penalties . . . .... ..............................
Confiscation of Snowmobile Used in Burglary...
Limitations on the operation of Recreational
Motor Vehicles within and without the Seven.
County Metropolitan Area; Posting of Private
Lands; Gates and Fences.... ... ................
Game Laws Relating to Use of Snowmobiles......
NATURAL RESOURCES DEPARTMENT REGULATIONS
Registration and Display of Numbers...........,
Dealers' and Manufacturers' Registration........
Game and Fish Resources... ........ ...........
Public Lands and Waters...... ........... ...
Uniform Signs . . .. ................... ..... ...
Accident Reports .......... ......... ..........
Snowmobile Education and Training Programs
Revocation of Snowmobile Safety Certificate. .
Required Equipment ............. .............
Mufflers . . ...... .. ................ .... .. ...
Penalties . . . .............. ................
2
e. Upon successful completion of the training program by a
student,the instructor will submit the name,address,and date of
birth of the student to the snowmobile safety coordinator who
will issue to the student, on behalf of the Commissioner, a
snowmobile safety certificate. A duplicate certificate will be
issued if the original is lost or destroyed, upon application and
payment of $2.00. No snowmobile safety certificate shall be
issued to any person less than 12 years of age except to his or her
parents or gaurdian,to be held by such parent or gaurdian until
the person's twelfth birthday.
f. Each snowmobile safety certificate issued shall show on its
face the birthdate of the person to whom it was issued. No
person less than 14 years of age or any other person 14 years of
age but less than 18 years of age who does not possess a
snowmobile safety certificate may make a direct crossing of a
street or highway at any time.
g. Procedures for revocation of snowmobile safety cer-
tificates.
1. When the judge of a juvenile court, or any of its duly
authorized agents shall determine that any person, while less
than 18 years of age,has violated the provisions of sections 84.81
to 84.88,or any other state or local law or ordinance regulating
the operation of snowmobiles, the judge, or duly authorized
agent, shall immediately report such a determination to the
Commissioner on the form prescribed. (Form F).The judge,or
duly authorized agent, may indicate upon the form prescribed
his recommendation as to whether or not the person's
snowmobile safety certificate should be suspended and the length
of such suspension,if any.
2. A person under 18 years of age shall surrender his
snowmobile safety certificate to the judge, or his duly
authorized agent, in all cases when such judge, or his agent,
recommends the suspension of such certificate.The snowmobile
safety certificate shall be transmitted to the Commissioner in all
cases where suspension thereof is recommended and where such
recommended period of suspension exceeds 15 days.
3. The Commissioner shall retain possession of snowmobile
safety certificates which he suspends during the period of the
suspension, all other certificates shall be returned immediately
upon a determination that they will not be suspended.
§ 1.0057 Required equipment.
a. No snowmobile shall be operated upon public lands,
waters,streets or highways unless it is equipped as follows:
1. At least one head lamp having a minimum candlepower of
sufficient intensity to reveal persons and vehicles at a distance of
at least 100 feet ahead during hours of darkness under normal
atmospheric conditions. Such head lamp shall be so aimed that
glaring rays are not projected into the eyes of an oncoming
snowmobile operator.
2. At least one red tail lamp,having a minimum candlepower
of sufficient intensity to exhibit a red light plainly visible from a
distance of 500 feet to the rear during hours of darkness,under
normal atmospheric conditions.
18
MINNESOTA
SNOWMOBILE LAWS
Minnesota Statutes 1980 as amended through the
Second Special Session of the 1981 Legislature
84.81 DEFINITIONS. Subdivision 1. For the purposes of
Laws 1967, Chapter 876 the terms defined herein shall have the
meaning ascribed to them.
Subd. 2. "Person" includes an individual, partnership,
corporation,the state and its agencies and subdivisions,and any
body of persons,whether incorporated or not.
Subd. 3. "Snowmobile" means a self-propelled vehicle
designed for travel on snow or ice steered by skis or runners.
Subd. 4. "Owner" means a person,other than a lien holder,
having the property in or title to a snowmobile entitled to the use
or possession thereof.
Subd. 5. "Operate" means to ride in or on and control the
operation of a snowmobile.
Subd. 6. "Operator" means every person who operates or is
in actual physical control of a snowmobile.
Subd.7. "Register"means the act of assigning a registration
number to a snowmobile.
Subd. 8. "Commissioner" means the commissioner of
natural resources acting directly or through his authorized agent.
Subd. 9. "Roadway" means that portion of a highway im-
proved,designed,or ordinarily used for vehicular travel.
Subd. 10. "Dealer" means a person, partnership, or cor-
poration engaged in the business of selling snowmobiles at
wholesale or retail.
Subd. 11. "Manufacturer" means a person, partnership, or
corporation engaged in the business of manufacturing
snowmobiles.
84.82 SNOWMOBILE REGISTRATION. Subdivision
1. General requirements. Except as hereinafter provided, no
person shall after June 30, 1969, operate or transport any
snowmobile within the state unless such snowmobile has been
registered in accordance with the provisions of sections 84.81 to
84.88, except snowmobiles in transit by a manufacturer,
distributor or dealer.No person shall sell a snowmobile without
furnishing the buyer a bill of sale on a form prescribed by the
commissioner.
Subd. 2. Application, issuance, reports. Application for
registration or reregistration shall be made to the commissioner
of natural resources,or the commissioner of public safety or an
3
From and after October 1, 1970,no sign intended for any of the
purposes indicated in the preceding paragraph shall be erected by
the state or its governmental subdivisions unless such sign is
substantially in the form,shape,dimensions and colors shown in
the preceding paragraph.
Detailed plans and specifications of such signs will be available
upon written request to the Commissioner.
§ 1.0055 Accident reports.
a. Definitions. For the purposes of this rule,certain terms or
words used herein shall be interpreted as follows:
1. "Operator" means every person who operates or is in
actual physical control of a snowmobile.
2. "Involved in an accident"means every snowmobile which
either strikes or is struck by another person,snowmobile,motor
vehicle or other animate or inanimate object.
3. "Injury requiring medical attention" means an injury of
such a degree that it's proper treatment requires consultation
with or a visit to a doctor or hospital emergency room.
4. "Total damage" means total apparent property damage
resulting to each snowmobile and its related equipment or to any
other property which is involved in the accident.
5. "Promptly" means that such written report shall be
forwarded as soon as possible after an accident but not more
than 48 hours after such accident.
b. General requirement. The operator of any snowmobile
involved in an accident resulting in injury requiring medical
attention or hospitalization to or death of any person or total
damage to an extent of$100 or more, shall promptly forward a
written report of the accident on the form prescribed.(Form E).
§ 1.0056 Snowmobile education and training programs.
a. Snowmobile education and training programs will be
administered by the Snowmobile Safety Coordinator, Depart-
ment of Natural Resources.
b. Training programs will be conducted in each county for the
purpose of qualifying persons 12 years of age or older, but less
than 18,for a snowmobile safety certificate.
c. The course content will include the following: machine
nomenclature, control familiarization, machine safety features,
operating procedures, snowmobile and highway laws and
regulations,loading and towing procedures,snowmobile code of
ethics, safety hazards of operation, including possible hearing
damage, environmental consequences of snowmobile use, and
performance and written tests.
d. The fee for enrollment in a training program class is$2.00
payable in advance. A student who fails to pass may take the
class over when available,without additional fee.Persons age 18
or over, or age 11 may be admitted to a class to the extent
facilities permit upon payment of the$2.00 fee.
17
authorized deputy registrar of motor vehicles in such form as the
commissioner of public safety shall prescribe,and shall state the
name and address of every owner of the snowmobile and be
signed by at least one owner.Upon receipt of the application and
the appropriate fee as hereinafter provided, such snowmobile
shall be registered and a registration number assigned which
shall be affixed to the snowmobile in such manner as the
commissioner of natural resources shall prescribe. Each deputy
registrar of motor vehicles acting pursuant to section 168.33,
shall also be a deputy registrar of snowmobiles. The com-
missioner of natural resources in agreement with the com-
missioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of
registrations and registration fees.Deputy registrars shall strictly
comply with these accounting and procedural requirements. A
fee of 50 cents in addition to that otherwise prescribed by law
shall be charged for each snowmobile registered by the registrar
or a deputy registrar. The additional fee shall be disposed of in
the manner provided in section 168.33,subdivision 2.
Subd. 3. Fees for registration.(a) The fee for registration
of each snowmobile, other than those registered by a dealer or
manufacturer pursuant to clauses (b)or (c)of this subdivision,
shall be as follows:$12 for three years and$2 for a duplicate or
transfer.
(b) The total registration fee for all snowmobiles owned by a
dealer and operated for demonstration or testing purposes shall
be$37.50 per year.
(c) The total registration fee for all snowmobiles owned by a
manufactuer and operated for research, testing, experimenta-
tion, or demonstration purposes shall be $150 per year. Dealer
and manufacturer registrations are not transferable.
Subd.4. Renewal.Every owner of a snowmobile shall renew
his registration in such manner as the commissioner shall
prescribe, upon payment of the same registration fees provided
in subdivision 3 hereof.
Subd. 5. Snowmobiles owned by state or political
subdivision.A registration number shall be issued without the
Payment of a fee for snowmobiles owned by the state of Min-
nesota or a political subdivision thereof upon application
therefor.
Subd. 6 Exemptions. No registration hereunder shall be
required for the following described snowmobiles:
(a) Snowmobiles owned and used by the United States,
another state,or a political subdivision thereof.
(b) Snowmobiles registered in a country other than the United
States temporarily used within this state.
(c) Snowmobiles covered by a valid license of another state
4
§ 1.0054 Uniform signs.The following signs are designated as
necessary and desirable to control, direct, or regulate the
operation and use of snowmobiles for the purposes indicated:
♦• a''—�{
Informational Blazer: to be used in indicating
intersections or major changes in trail direction
m through use of the 71/2 inch decals shown below
or comparable screened insignia.
h-s%� 11
Directional Blazer: to be used in indicating mi-
nor changes in trail direction through use of the
51/ inch arrow decal shown below or compara-
ble screened insignia.
OReassuring Blazer: placed along trail often
j enough to reassure the user he is on trail.
Allaboveblazers to be orange scotchlite #3274 or its
equivalent.
® T Directional Decal: to be used on the 14"x 181/4"
Informational Blazer.
T
Luh � Directional Decal: to be used on the 91/4"x 12"
T Directional Blazer.
T T ® .i T
1 1
Intersection Decals: to be used on the 14"x 181/4" Informa-
tional Blazer.
All above decals to have background of orange scotchlite
#3274 or equivalent with insignia screened black.
Stop Sign: to be used along trail prior to road
STOP or highway crossing. Placement to be approxi-
mately 25 feet from such crossing point. Colors
and reflectorization to conform to highway
12" MIN. standards.
NOI
No Snowmobiling: to be used to indi-
cate trails and areas where snowmobile
use is prohibited. Background color is
to be orange scotchlite #3274 or equiv-
�� alent; snowmobile symbol to be 60%
black,prohibiting slash and letters solid
black.
See Boat and Water Safety Laws for information on
WATERWAY MARKER that may be used for special
water hazards.
16
and which have not been within this state for more than 30
consecutive days.
(d) Snowmobiles used exclusively in organized track racing
events.
Subd. 7. The commissioner of natural resources may issue
special permits to out of state snowmobiles from a state or
country where registration is not required to operate in Minn-
esota for limited periods of time not to exceed 30 days in con-
nection with organized group outings, trailrides, races, rallies
and other promotional events.
Subd. 8. Registration by persons under 18 prohibited.
No person under the age of 18 years may register a snowmobile.
84.821 REQUIREMENTS OF MAKERS OF SNOWMO-
BILES. Subdivision 1. All snowmobiles made after June 30,
1972, and sold in Minnesota, shall bear the maker's permanent
identification number stamped in letters and numbers in the
form and at a location prescribed by rule and regulation of the
commissioner.
Subd.2. All snowmobiles made after June 30, 1972,and sold
in Minnesota,shall be designed and made to provide an area on
which to affix the registration number. This area shall be at a
location and of dimensions prescribed by rule and regulation of
the commissioner.
84.83 DISPOSITION OF RECEIPTS.Fees from registration
of snowmobiles shall be deposited with the state treasurer to the
credit of the general fund.
84.84 TRANSFER OR TERMINATION OF SNOWMO-
BILE OWNERSHIP. Within 15 days after the transfer of
ownership,or any part thereof,other than a security interest,or
the destruction or abandonment of any snowmobile, written
notice thereof shall be given to the commissioner in such form as
he shall prescribe. Every owner or part owner of a snowmobile
shall,upon failure to give such notice,be subject to the penalties
imposed by Laws 1967,Chapter 876.
84.85 LICENSING BY POLITICAL SUBDIVISIONS. No
political subdivision of this state shall require licensing or
registration of snowmobiles covered by the provisions of Laws
1967,Chapter 876.
84.86 RULES AND REGULATIONS.Subdivision 1.With a
view of achieving maximum use of snowmobiles consistent with
protection of the environment the commissioner of natural
resources shall adopt rules and regulations in the manner
provided by chapter 15,for the following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
5
2. In any state wildlife management area without the written
permission of the agent in charge thereof in that part of the state
lying south and west of a line described as follows: U.S.
Highway No. 2 from East Grand Forks easterly to Bemidji;
thence southerly along U.S.Highway No.71 to Wadena;thence
easterly along U.S. Highway No. 10 to Staples and U.S.
Highway No.210 to Carlton;thence east in a straight line to the
easterly boundary of the state.
3. In any area in which such operation is or may hereafter be
prohibited by law,regulations,order,or directive.
b. Governmental subdivisions of the state may by resolution
or ordinance regulate the operation of snowmobiles on public
waters within their boundaries, provided such resolution or
ordinance is not inconsistent with law or these regulations. No
t resolution or ordinance restricting the period of time within
which snowmobiles may be operated on public waters shall be
valid with respect to such restriction unless first submitted to the
Commissioner of Natural Resources and approved by him in
writing.
c. No person shall deposit any garbage, rubbish, offal, the
body of any dead animal, or other litter upon public lands or
waters or the ice thereon, other than in containers, provided
thereof,or,without the consent of the owner,on private lands or
water or ice thereon.
d.1. It shall be unlawful for any person to drive or operate
any snowmobile at a rate of speed greater than is reasonable or
proper under all of the surrounding circumstances or at a rate
that is greater than that set by the Commissioner of Natural
Resources pursuant to 6 MCAR§ 1.0053 D.2.,on public lands
or waters of this state under the jurisdiction of the Commissioner
of Natural Resources, provided that the operation of any
snowmobile at a rate of speed in excess of fifty miles per hour on
such lands or water shall be unreasonable and unlawful unless
operated pursuant to and in accordance with the provisions of 6
MCAR § 1.0053 D. 3.
2. Where necessary,the Commisisoner of Natural Resources
may establish and post at reasonable intervals,a reasonable and
,+ safe maximum speed limit for the operation of snowmobiles
along a specific portion of public trail under his jurisdiction,or
in a specific area of public land or water under his jurisdiction.
Such speed limit shall be effective when signs are erected and any
operation of a snowmobile within such posted portion of trail or
area in excess of the posted speed limit is unlawful.
3. The speed limits established by 6 MCAR§1.0053 D. 1.and
by the Commissioner of Natural Resources under the authority
of 6 MCAR § 1.0053 D. 2. may be waived in writing by the
Commissioner during the pendency of an organized race or
similar competitive event held upon such lands or waters.
15
(2) Use of snowmobiles insofar as game and fish resources are
affected.
(3) Use of snowmobiles on public lands and waters under the
jurisdiction of the commissioner of natural resources.
(4) Uniform signs to be used by the state,counties,and cities,
which are necessary or desirable to control, direct, or regulate
the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program,including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators,and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the
snowmobile safety education and training course. For the
purpose of administering such program and to defray a portion
of the expenses of training and certifying snowmobile operators,
the commissioner shall collect a fee of not to exceed$2 from each
person who receives the training and shall deposit the fee in the
general fund and the amount thereof is appropriated annually to
the commissioner of natural resources for the administration of
such programs. the commissioner shall cooperate with private
organizations and associations,private and public corporations,
and local governmental units in furtherance of the program
established under this clause. The commissioner shall consult
with the commissioner of public safety in regard to training
program subject matter and performance testing that leads to the
certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or hospitalization
to or death of any person or total damage to an extent of$100 or
more,shall promptly forward a written report of the accident to
the commissioner on such form as he shall prescribe.
Subd. 2. The commissioner of public safety may adopt rules
and regulations not inconsistent herewith in the manner provided
by chapter 15,regulating the use of snowmobiles on streets and
highways.
84.87 OPERATION; REGULATIONS BY MUNICIPALI-
TIES.Subdivision 1.Operation on streets and highways.(a)
No person shall operate a snowmobile upon the roadway,
shoulder,or inside bank or slope of any trunk,county state aid,
or county highway in this state and,in the case of a divided trunk
or county highway, on the right of way between the opposing
lanes of traffic,except as provided in sections 84.81 to 84.90.No
person shall operate a snowmobile within the right of way of any
trunk,county state aid,or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise,
except on the right hand side of such right of way and in the same
6
5. No person shall operate or transport, and no person shall
permit the operation of, a snowmobile within this state which
does not have its registration number and unexpired decal af-
fixed in the form and manner required by 6 MCAR§ 1.0051 a.
unless the owner is exempted from the registration requirements
of this state by Minn.Stat.,§84.82.
6. A duplicate registration certificate will be issued upon
application by the owner to the Commissioner on the form
prescribed and upon payment of the fee required by law.
Replacement registration decals may be obtained from the
Department of Natural Resources License Center or any con-
servation officer.
7. Application for transfer of ownership shall be made to the
Commissioner within 15 days of the date of transfer. An
"Application for Transfer"form(Form C)is to be executed by
the registered owner and the purchaser and submitted together
with the fee required by law,the owner's registration certificate
and a bill of sale in the form prescribed by the Commissioner
(Form B).
8. Abandoned, stolen, or destroyed snowmobiles shall be
reported to the Commissioner within(15)days by completing the
reverse side of the registration certificate.No fee is charged for
the reporting.
§ 1.0052 Game and fish resources
a. No person shall operate a snowmobile between the hours of
7:00 a.m. and 3:00 p.m. in any area open for the taking of deer
by firearms, except for law enforcement purposes or by Com-
missioner's order; provided, however, that conservation officers
may issue written permits authorizing operation of snowmobiles
during such hours in case of emergency or other unusual con-
ditions.
b. Deer being dragged by a snowmobile must have the
prescribed deer tag properly placed and locked at the time the
operator arrives at an improved roadway or designated trail.The
tag must be properly placed and locked at the time the deer is
brought into any hunting camp, dwelling, farmyard or other
place of abode of any kind occupied overnight,or before being
placed wholly or partially on a snowmobile, or upon a con- t
veyance towed by a snowmobile.
§ 1.0053 Public lands and waters.
a. Snowmobiles may be operated on public lands or waters
under the jurisdiction of the Commissioner of Natural Resources
except that no persons shall operate a snowmobile in any of the
following,except for law enforcement purposes:
1. In any state park, state recreation area,state historic site,
or state scientific and natural area with the exception of posted
snowmobile trails or areas.
14
direction as the highway traffic on the nearest lane of the
roadway adjacent thereto. No snowmobile shall be operated at
any time within the right of way of any interstate highway or
freeway within this state.
(b) A snowmobile may make a direct crossing of a street or
highway at any hour of the day provided:
(1) The crossing is made at an angle of approximately 90
degrees to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing;and
(2) The snowmobile is brought to a complete stop before
crossing the shoulder or main traveled way of the highway;and
(3) The driver yields the right of way to all oncoming
traffic which constitutes an immediate hazard;and
(4) In crossing a divided highway, the crossing is made
only at an intersection of such highway with another public street
or highway;and
(5) If the crossing is made between the hours of one-half
hour after sunset to one-half before sunrise or in conditions of
reduced visibility,only if both front and rear lights are on;and
(6) A snowmobile may be operated upon a bridge, other
than a bridge that is part of the main traveled lanes of an in-
terstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is
possible; provided the snowmobile is operated in the extreme
right hand lane,the entrance to the roadway is made within 100
feet of the bridge and the crossing is made without undue delay.
(c) No snowmobile shall be operated upon a public street or
highway unless it is equipped with at least one headlamp,one tail
lamp, each of minimum candlepower as prescribed by
regulations of the commissioner, reflector material of a mini-
mum area of 16 square inches mounted on each side forward of
the handle bars,and with brakes each of which shall conform to
standards prescribed by rule of the commissioner pursuant to the
authority vested in him by section 84.86,and each of which shall
be subject to approval of the commissioner of public safety.
(d) A snowmobile may be operated upon a public street or
highway other than as provided by clause (b) in an emergency
during the period of time when and at locations where snow
upon the roadway renders travel by automobile impractical.
(e) All provisions of chapter 169 shall apply to the operation
of snowmobiles upon streets and highways, except for those
relating to required equipment,and except those which by their
nature have no application.
(f) Any sled, trailer, or other device being towed by a
snowmobile must be equipped with reflective materials as
required by rule and regulation of the commissioner.
7
check beaver or otter traps, or to transport beaver or otter car-
casses or pelts,to any licensed trapper having any of the physical
disabilities described in section 98.48,subdivision 12.The permit
shall be issued in the same manner as provided in section 98.48,
subdivision 12. In addition, the commissioner may by order
authorize the use of a snowmobile or other type of all-terrain
vehicle to transport or check beaver or otter traps,or to transport
beaver or otter carcasses or pelts in Lake of the Woods and
Koochiching Counties.
SNOWMOBILE RULES
CHAPTER FIVE:6 MINNESOTA
CODE OF AGENCY REGULATIONS
(MCAR)§§1.0051.1.0059
l (Filed with the secretary of state and Commissioner of
Administration December 22, 1971.
Includes amendments through Sept. 14, 1981)
§ 1.0051 Registration and display of numbers.
a. Individual registration.
1. Application for snowmobile registration shall be made to
the Commissioner of Natural Resources or his authorized agent
on the form prescribed. (See Appendix of Forms, Form A).
Registrants must be 18 years of age or older prior to applying for
registration of a snowmobile.Upon presentation of a bill of sale
in the form prescribed by the Commissioner, (Form B), and
payment of the fee required, a snowmobile registration cer-
tificate will be issued to the applicant. Registration certificates
are valid for a period of three years. A decal showing the ex-
piration date shall be affixed to the machine as illustated below.
2. The applicant shall furnish all the information required by
the application for snowmobile registration.(Form A).
3. The registration number of the snowmobile,shown on the
registration certificate, shall be affixed to the snowmobile and
maintained in a clear, legible manner. On all machines made
after June 30, 1972, and sold in Minnesota, such registration
number shall be affixed in the space provided therefore in ac-
cordance with 6 MCAR § 1.0057 D. On all other machines it
shall be affixed on each side of the cowling on the upper half of
the machine,as follows:
z
=A - 1234� OECs
4. All letters and numbers shall be of a color which will
contrast with the surface to which applied, and shall be at least
three(3)inches high and 3/8 inch stroke. When any previously
affixed registration number or decal is destroyed or lost, a
duplicate shall be affixed in the manner shown above. The
registration number shall remain the same if renewed by July I
following the expiration date.
13
Subd. la. Organized contests, use of highways, etc.
Nothing in this section or chapter 169 shall prohibit the use of
snowmobiles within the right of way of any state trunk or county
state-aid highway or upon public lands or waters under the
jurisdiction of the commissioner of natural resources, in any
organized contest,subject to the consent of the official or board
having jurisdiction over the highway or public lands or waters.
In permitting such contest, the official or board having
jurisdiction may prescribe such restrictions or conditions as they
may deem advisable.
Subd. 2. Operation generally. It shall be unlawful for any
person to drive or operate any snowmobile in the following unsafe
or harassing ways:
(a) At a rate of speed greater than reasonable or proper under
all the surrounding circumstances;
(b) In a careless,reckless or negligent manner so as to endanger
the person or property of another or to cause injury or damage
thereto;
(c) While under the influence of an alcoholic beverage or
a controlled substance;
(d) Without a lighted head and tail light when required for
safety;
(e) In any tree nursery or planting in a manner which damages
or destroys growing stock.
Subd.2a. Operation prohibited on airports. it is unlawful
for any person to drive or operate any snowmobile on an airport
defined in section 360.013, subdivision 5, or other applicable
law.
Subd. 3. Regulations by political subdivisions. Notwith-
standing anything in this section to the contrary,a county board
may by resolution permit the operation of snowmobiles upon the
roadway, shoulder, or inside bank or slope of any county
highway or county state aid highway if safe operation in the
ditch or outside bank or slope thereof is impossible, in which
case the county board shall cause appropriate notice thereof to
be given.
Any county,city,or any town acting by its town board,may
regulate the operation of snowmobiles on public lands, waters,
and property under their jurisdiction and on streets and high-
ways within their boundaries by resolution or ordinance of the
governing body and by giving appropriate notice,provided such
regulations are not inconsistent with the provisions of sections
84.81 to 84.88 inclusive and rules and regulations,promulgated
thereunder. However, no such governmental unit may adopt an
ordinance which (1)imposes a fee for the use of public land or
water under the jurisdiction of either the commissioner of
8
returning the gate to its original position. No person shall enter
or leave the lands of another with a recreational motor vehicle,
or pass from one portion of such lands to another portion,
through a closed gate, without returning the gate to its original
position.No person shall enter or leave the lands of another with
a recreational motor vehicle by cutting any wire or tearing down
or destroying any fence.
Subd. 6. Nothing in this section shall limit or otherwise
qualify the power of municipalities,counties,school districts,or
other political subdivisions of the state or any agency of the state
to impose additional restrictions or prohibitions on the operation
of recreational motor vehicles on property not owned by the
operator in accordance with law.
Subd. 7. A person violating the provisions of this section is
guilty of a misdemeanor.
Game Laws Relating to Use of Snowmobiles
98.46 Fees
Subd. 22. No deer, moose, or bear taken in this state shall be
transported or possessed unless a tag of a type prescribed by the
commissioner bearing the license number of the owner,the year of
its issue, and such other information as the commissioner may
require has been affixed to its carcass in a manner prescribed by
the commissioner.The tag must be so affixed at the time the deer,
moose,or bear is brought into any hunting camp,dwelling,farm
yard, or other place of abode of any kind occupied overnight,or
before being placed wholly or partially on a motor vehicle of any
kind,or upon a conveyance towed by a motor vehicle of any kind.
Provided, that deer taken by bow and arrow and moose shall be
tagged by a conservation officer or other authorized agent as may
be prescribed by the commissioner, in addition to the tag herein
provided for.
100.26 Unprotected Animals
Subdivision 1. Weasel, coyote (brush wolf), gopher, porcupine,
and all other quadrupeds for which no closed season or other protec-
tion is accorded by chapters 97 to 102,are unprotected animals and
may be taken either in the daytime or at night, and in any manner,
except with the aid of artificial lights,and possessed,bought,sold or
transported in any quantity, provided that for the safety of humans
and domestic stock, poison may not be used in the taking thereof,
except in the manner authorized by section 18.022.It shall be unlaw-
ful to intentionally drive, chase, run over or kill with any motor
propelled vehicle any unprotected animals.
100.29 Restrictions and Prohibitions
Subd. 29. It shall be unlawful to use any motor propelled vehicle
to intentionally drive, chase, run over, kill, or otherwise take any
protected wild animal.
Subd.30.It shall be unlawful to use a snowmobile or any type of
all-terrain vehicle during the season open for the taking of beaver
or otter and for two days therafter,for the purpose of transporting
or checking beaver or otter traps or transporting beaver or otter
carcasses or pelts.However,the commissioner may issue a special
permit to use a snowmobile or all-terrain vehicle to transport or
12
natural resources or any other agency of the state,or for the use
of any access thereto owned by the state,or a county or city;of
(2) require a snowmobile operator to possess a motor vehicle
driver's license while operating a snowmobile.
84.871 MUFFLERS. Except as provided in this section,
every snowmobile shall be equipped at all times with a muffler in
good working order which blends the exhaust noise into the
overall snowmobile noise and is in constant operation to prevent
excessive or unusual noise.The exhaust system shall not emit or
produce a sharp popping or crackling sound. This section does
not apply to organized races or similar competitive events held
on(1)private lands,with the permission of the owner,lessee,or
custodian of the land; (2) public lands and water under the
jurisdiction of the commissioner of natural resources, with the
commissioner's permission; or (3) other public lands, with the
consent of the public agency owning the land. No person shall
have for sale,sell,or offer for sale on any new snowmobile any
muffler that fails to comply with the specifications required by
the rules and regulations of the commissioner after the effective
date of the rules and regulations.
84.872 YOUTHFUL SNOWMOBILE OPERATORS; PRO-
HIBITIONS. Notwithstanding anything in section 84.87 to the
contrary, no person under 14 years of age shall make a direct
crossing of a trunk,county state aid,or county highway as the
operator of a snowmobile, or operate a snowmobile upon a
street or highway within a municipality.A person 14 years of age
or older, but less than 18 years of age, may make a direct
crossing of a trunk,county state aid,or county highway only if
he has in his immediate possession a valid snowmobile safety
certificate issued by the commissioner. No person under the age
of 14 years shall operate a snowmobile on any public land or
water under the jurisdiction of the commissioner unless ac-
companied by one of the following listed persons on the same or
an accompanying snowmobile,or on a device towed by the same
or an accompanying snowmobile:his parent,legal guardian,or
other person 18 years of age or older. However, a person 12
years of age or older may operate a snowmobile on public lands
and waters under the jurisdiction of the commisisoner if he has
in his immediate possession a valid snowmobile safety certificate
issued by the commissioner. .
It is unlawful for the owner of a snowmobile to permit the
snowmobile to be operated contrary to the provisions of this
section.
When the judge of a juvenile court, or any of its duly
authorized agents, shall determine that any person, while less
than 18 years of age,has violated the provisions of section 84.81
to 84.88,or any other state or local law or ordinance regulating
the operation of snowmobiles, the judge, or duly authorized
agent, shall immediately report such determination to the
commissioner and may recommend the suspension of the per-
son's snowmobile safety certificate.The commissioner is hereby
9
84.90 LIMITATIONS ON THE OPERATION OF RECREA-
TIONAL MOTOR VEHICLES.Subdivision 1. For the purposes
of this section the following terms have the meanings given them:
(a) "Recreational motor vehicle" means any self-propelled
vehicle and any vehicle propelled or drawn by a self-propelled
vehicle used for recreational purposes,including but not limited
to snowmobile,trail bike or other all-terrain vehicle,hovercraft,
or motor vehicle licensed for highway operation which is being
used for off-road recreational purposes. (b) "Snowmobile" has
the same meaning given by section 84.8 1,subdivision 3.
Subd. 2 Within the seven county metropolitan area, no
person shall enter or operate a recreational motor vehicle on
lands not his own, except where otherwise allowed by law,
without the written or oral permission of the owner, occupant,
or lessee of such lands. Written permission may be given by a
posted notice of any kind or description that the owner, oc-
cupant, or lessee prefers, so long as it specifies the kind of
vehicles allowed, such as by saying "Recreational Vehicles
Allowed", "Snowmobiles Allowed", "Trail Bikes Allowed",
"All-Terrain Vehicles Allowed",or words substantially similar.
Subd. 3. Outside the seven county metropolitan area, no
person shall enter on any land not his own for the purpose of
operating a recreational motor vehicle after being notified,either
orally or by written or posted notice,by the owner,occupant,or
lessee not to do so.Where posted notice is used,signs shall bear
letters not less than two inches high and shall state one of the
following: "Recreational Vehicles Prohibited", "Snowmobiles
Prohibitied", "Trail Bikes Prohibited", "All-Terrain Vehicles
Prohibited",or words substantially similar.In lieu of the above
' notice an owner, occupant or lessee may post any sign
prohibiting recreational motor vehicles which has been adopted
by rule or regulation of the commissioner of natural resources.
The notice or sign shall be posted at corners and ordinary ingress
and egress to the property and when so posted shall serve so as to
raise a conclusive presumption that a person operating a
recreational motor vehicle thereon had knowledge that he had
1 entered upon such posted lands. Failure to post notice as
Pj provided in this subdivision shall not deprive a person of the
right to bring a civil action for damage to the person or property
as otherwise provided by law.
Subd.4. It is unlawful for a person to post,mutilate,or remove
any notice or sign provided in this section upon any lands or waters
` over which he has no right,title,interest,or license.It is unlawful
for a person other than a duly constituted legal authority to so post
any public lands,including but not limited to tax forfeited lands,
as above described.It is unlawful for a person to mutilate,destroy,
damage or remove any shelter, comfort station or other trail
facility on any trail established on state owned land or on any
recreational trail which is funded in whole or in part by state
grant-in-aid funds.
Subd. 5. No person shall enter or leave the lands of another
with a recreational motor vehicle, or pass from one portion of
such lands to another portion, through a closed gate, without
11
authorized to suspend the certificate,without a hearing.
84.873 SIGNAL FROM OFFICER TO STOP.It is unlawful
for a snowmobile operator, after having received a visual or
audible signal from any law enforcement officer to come to a
stop,to(a)operate a snowmobile in wilful or wanton disregard
of such signal, or (b) interfere with or endanger the law en-
forcement officer or any other person or vehicle,of(c)increase
his speed or attempt to flee or elude the officer.
84.88 PENALTIES. Subdivision 1. Any person who shall
violate any provision of sections 84.81 to 84.89 or any regulation
of the commissioner of natural resources or of the commissioner
of public safety promulgated pursuant to law shall be guilty of a
misdemeanor.
Subd. 2. A person registered as owner of a snowmobile may
be fined not to exceed $300 if a snowmobile bearing his
registration number is operated contrary to the provisions of
section 84.81 to 84.88, 100.26, subdivision 1, or 100.29, sub-
divisions 28 or 29.The registered owner may not be so fined if(a)
the snowmobile was reported as stolen to the commissioner or a
law enforcement agency at the time of the alleged unlawful act,
or if(b)the registered owner demonstrates that the snowmobile
either was stolen or was not in use at the time of the alleged
unlawful act, or if (c) the registered owner furnishes to law
enforcement officers upon request the identity of the person in
actual physical control of the snowmobile at the time of such
violation.The provisions of this subdivision do not apply to any
person who rents or leases a snowmobile if such person keeps a
record of the name and address of the person or persons renting
or leasing such snowmobile,the registration number thereof,the
departure date and time, and expected time of return thereof.
Such record shall be preserved for at least six months and shall
be prima facie evidence that the person named therein was the
operator thereof at the time it was operated contrary to sections
84.81 to 84.88, 100.26, subdivision 1,of 100.29,subdivision 28
or 29.The provisions of this subdivision do not prohibit or limit
the prosecution of a snowmobile operator for violating any of
the sections referred to in this subdivision.
84.89 CONFISCATION OF SNOWMOBILE USED IN
BURGLARY. A law enforcement officer shall seize any snow-
mobile, as defined in section 84.81, used for the purpose of
gaining access to property for the purpose of committing the
crime of burglary,as defined in section 609.58.Any snowmoible
seized pursuant to this section shall be held,subject to the order
of the district court of the county in which the burglary was
committed, and shall be confiscated after conviction of the
person from whom the snowmobile was seized and disposed of in
accordance with the procedure provided for equipment used in
committing game and fish violations by section 97.50, sub-
division 6,except that the balance of the proceeds from the sale
of a confiscated snowmobile which are paid into the state
treasury shall be credited to the general fund.
10
qd - -
December 1, 1986
Shakopee Downtown Ad-Hoc Committee
Shakopee City Hall
ATTN: Gary Laurent
129 E. First Ave .
Shakopee , MN 55379
Dear Mr . Laurent :
My responsibilities at The First National Bank of Shakopee
have changed within the last month and I have permanently
transferred to the bank ' s branch bank located in Prior Lake .
Because of this change, I will have to reluctantly resign
from the Shakopee Ad-Hoc Downtown Committee .
I have worked with the committee many, many years and as I 'm
sure with all members, have felt some frustration from the
fact that we have not accomplished all of the goals that we
originally set out to do in a timely fashion . I still be-
lieve that is an imperative to both the economic viability
and the history of Shakopee , that it ' s downtown be redevel-
oped .
I commend the work of the committee and wish all its members
success in drawing the rehabilitation project to a conclu-
sion .
Thank you very much.
Sincerely,
Daniel G . Stei
RESOLUTION NO. 2673
A RESOLUTION OF APPRECIATION TO DANIEL G. STEIL
WHEREAS, the Shakopee City Council did establish on April 21,
1981, an Ad Hoc Downtown Committee as a subcommittee of the
Industrial Commercial Commission and requested the Committee to
develop a comprehensive plan for the economic revitalization of the
Shakopee downtown: and
WHEREAS, Dan Steil was appointed by the City Council as one of
the original members to serve on the Ad Hoc Downtown Committee; and
WHEREAS, Dan Steil has unselfishly given many hours of his
time and talents to serve on the Ad Hoc Downtown Committee until
his resignation on December 1, 1986 ; and
WHEREAS, Dan Steil served in the capacity of Chairman for the
Committee from April 29, 1981 until December 31, 1983 .
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on
behalf of the residents of Shakopee and on behalf of the Ad Hoc
Downtown Committee, that the Shakopee City Council does hereby
extend to Daniel G. Steil the deep appreciation of the City for his
time and efforts while serving on the Ad Hoc Downtown Committee.
Adopted in regular session of the City Council of the City of
Shakopee, Minnesota, held this 6th day of January, 1987.
Mayor of the City of Shakopee
ATTEST:
City Dlerk
Approved as to for this
dat if ,19
City Attorney
RESOLUTION NO. 2673
A RESOLUTION OF APPRECIATION TO DANIEL G. STEIL
WHEREAS, the Shakopee City Council did establish on April 21,
1981, an Ad Hoc Downtown Committee as a subcommittee of the
Industrial Commercial Commission and requested the Committee to
develop a comprehensive plan for the economic revitalization of the
Shakopee downtown: and
WHEREAS, Dan Steil was appointed by the City Council as one of
the original members to serve on the Ad Hoc Downtown Committee; and
WHEREAS, Dan Steil has unselfishly given many hours of his
time and talents to serve on the Ad Hoc Downtown Committee until
his resignation on December 1, 1986; and
WHEREAS, Dan Steil served in the capacity of Chairman for the
Committee from April 29, 1981 until December 31, 1983 .
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on
behalf of the residents of Shakopee and on behalf of the Ad Hoc
Downtown Committee, that the Shakopee City Council does hereby
extend to Daniel G. Steil the deep appreciation of the City for his
time and efforts while serving on the Ad Hoc Downtown Committee.
Adopted in regular session of the City Council of the City of
Shakopee, Minnesota, held this 6th day of January, 1987.
Mayor of the City of Shakopee
ATTEST:
City Dlerk
Approved as to for this
dat if , 19
City Attorney
9J
December 1, 1986
Shakopee Downtown Ad-Hoc Committee
Shakopee City Hall
ATTN: Gary Laurent
129 E. First Ave .
Shakopee , MN 55379
Dear Mr . Laurent :
My responsibilities at The First National Bank of Shakopee
have changed within the last month and I have permanently
transferred to the bank ' s branch bank located in Prior Lake .
Because of this change, I will have to reluctantly resign
from the Shakopee Ad-Hoc Downtown Committee .
I have worked with the committee many, many years and as I 'm
sure with all members, have felt some frustration from the
fact that we have not accomplished all of the goals that we
originally set out to do in a timely fashion . I still be-
lieve that is an imperative to both the economic viability
and the history of Shakopee, that it ' s downtown be redevel-
oped.
I commend the work of the committee and wish all its members
success in drawing the rehabilitation project to a conclu-
sion .
Thank you very much.
Sincerely,
Daniel G . Stei
MINNESOTA NBA BASKETBALL
5525 Cedar Lake Road
Minneapolis, MN 55416
612-544-DUNK
December 17 , 1986
City Council
RE : Minnesota NBA Basketball
Dear Council Members :
As you know, we have been working hard to bring exciting NBA
Basketball back to Minnesota. It has been 26 years since the
Lakers left , and our chances are excellent for an NBA franchise
to be awarded April 20 , 1987 , when the league has committed to
announce expansion sites .
In order to maximize the input of our fans , we have had a
"Name The Team" contest which ended December 15 . After only one
advertisement , we received suggestions from over 5 , 500 people !
We have decided upon two finalists , and want to ask for your help
in choosing the eventual team name. We see your council and the
other city councils throughout Minnesota as representatives of
all parts of our state . Each council has one vote , and we hope
that you will consider the two name alternatives and write us
with your choice at the address above by January 9 . The majority
will rule, and the choice of the most city councils will be our
NBA team name.
You should know that we have tried to select names which are
marketable, consider the personality of our state and its people,
and reflect on the geography, recreational opportunities and
other unique characteristics of Minnesota. The two choices are :
1 . Minnesota Polars , or
2 . Minnesota Timber Wolves .
Thank you for taking the time to help us choose a name for
the NBA team which will soon represent our great state .
Sincerely,
MINNESOTA NBA BASKETBALL
1
Ha ve Ratne 4rvo4lfson Robert A. Stein ,�o`�°
Ci o,
**Minnesota NBA Basketball is a Division of
Northwest Racquet , Swim & Health Clubs , Inc. ** o<0,1 CPI
�0
�3�
December 4, 1986
The Honorable Eldon Reinke,
Mayor of the City of Shakopee
and members of the City Council
129 East 1st Avenue
Shakopee, Minnesota 55379
RE: Resignation from Planning Commission.
Dear Eldon:
I regret to inform you that I am unable to continue as a
member of the Planning Commission at this time.
You may recall, the appointment was to fulfill the term of
a former member of the commission, which expires in January.
Thank you for placing your trust in me and providing me with
the opportunity to serve the City in this capacity for the
past two years. I feel I have grown personally as a result
of this experience.
Please accept my sincere apologies for any inconvenience
this may cause you.
Sincerely;
John M. Lane
Commissioner
cc: Judy Simec, Planning Director
9
CANERBURY. MCI _ 7 185
D O W N S
December 24, 1986
John Anderson, Administrator
City of Shakopee
129 First Avenue
Shakopee, Mn. 55379
Dear John:
Pursuant to our recent conversation, please be assured that
Canterbury Downs has no intention of asking for a reduction or
an elimination of the admission tax paid to the City of
Shakopee.
Further, there is no intent on the part of Canterbury Downs
to seek a reduction in the property taxes below that required
by our development contract with the City.
As you are already aware, Canterbury Downs ' recently
announced a program geared to making 1987 a most successful
year and with the approval of a 125-day racing season, that
program is well on its way to fruition.
Another part of that program, which would be a legislative
change regarding the percentage of each dollar wagered at the
track kept by the State, also is expected to be resolved
positively within the next few months.
Sincerely,
Nathaniel B. Wess
Vice President &
Assistant General Manager
NBW/ghs
cc : Bruce Malkerson
Stan Bowker
Canterbu Downs/1100 Canterbury Road/P.O. Box D-08/Shakopee, Minnesota 55379/(612) 445-7223
IIII �1 RECEIVED
IIII DEC 3 11986
league of minnesota cities CITY OF SHAKOPEE
December 24 , 1986
To: Mayors , Administrators, Clerks and Managers
From: Don Slater, Executive Director
Dear City Official:
The League of Minnesota Cities Board of Directors on November 19 ,
1986 approved the creation of a short-term investment pool for
municipalities to provide a viable investment alternative for cities.
The plan is scheduled to begin operation on or before February 1 ,
1987 .
Meetings to explain the investment program have been scheduled and
the list of sites and the dates of these meetings in included with
this notice.
These meetings will include a presentation on the legalities of the
investment pool, it' s purpose and advantages, the procedure which
will be used to purchase and sell investments through the pool, and
other pertinent information.
A question and answer session regarding the investment pool will be a
part of the program at all locations.
Please note a different starting time at several of the locations .
While the notice of these meetings has been targeted to reduce
mailing costs , all elected officials and staff who are responsible
for setting policy or administering investment of city funds are
invited and encouraged to attend.
We would appreciate having this matter placed on the city's January
meeting agenda for discussion. Reservations should be made as soon as
possible to assist us in determining space requirements at each
meeting site.
A meeting will also be scheduled for the metropolitan in the near
future.
E33 university avenue east, st. paul, minnesota 551 01 CO1 2) 227-5800
INVESTMENT POOL MEETING INFORMATION
Date: Tuesday, January 13, 1987 Date: Friday, January 23, 1987
Location: Cambridge, Minnesota Location: Fergus Falls, Minnesota
American Legion Club (lower level) Holiday Inn
200 S.E., 2nd Avenue 1-94 and Highway 210
Time: 9:30 A.M. Registration Time: 9:30 A.M. Registration
10:00 A.M. Meeting 10:00 A.M. Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: Wednesday, January 14, 1987 Date: Tuesday, January 27, 1987
Location: St. Cloud, Minnesota Location: Grand Rapids, Minnesota
Sunwood Inn Sawmill Inn
1 Sunwood Drive (Downtown) Highway 169 South
Time: 9:30 A.M. Registration Time: 9:30 A.M. Registration
10:00 A.M. Meeting 10:00 A.M. Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: Thursday, January 15, 1987 Date: Wednesday, January 28, 1987
Location: Marshall, Minnesota Location: Rochester, Minnesota
Marshall Inn Holiday Inn South
East College Drive (Highway 19 E.) 1630 South Broadway
Highway 63 South
Time: *2:00 P.M. Registration
2:30 P.M. Meeting Time: *2:00 P.M. Registration
2:30 P.M. Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: Wednesday, January 21, 1987 Date: Friday, January 30, 1987
Location: Bemidji, Minnesota Location: North Mankato
Holiday Inn Holiday Inn North
West Highway 2 Highway 169 North
Time: 9:30 A.M. Registration Time: 9:30 A.M. Registration
10:00 A.M. Meeting 10:00 A.M. Meeting
Date: Thursday, January 22, 1987 '
Location: Crookston, Minnesota V
Northland Lodge
North Highway 2
Time: 9:30 A.M. Registration
10:00 A.M. Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*Please note: 2:30 P.M. Meeting at Marshall and Rochester
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerl�TV
RE: Vacation of Easements Within century Plaza Square
3rd Addition
DATE: January 2, 1987
Introduction
Shakopee Super 8 Partnership has obtained a conditional use
permit to expand to the north from Lot 4 over into Lot 3 , Block
1 , Century Plaza Square 3rd Addition. One of the conditions of
approval of the conditional use permit is that the drainage and
utility easement between the two lots be vacated.
Background
The city code prohibits issuance of a building permit for
construction of any permanent building over or across any
easement of the City or Shakopee Public Utility Commission.
A public hearing to consider the vacation of the utility and
drainage easement has been set for January 6 , 1987 at 8 : 00 p.m. ,
or thereafter. Proper notice has been given according to law.
Shakopee Public Utility Manager has no objection to the vacation
as long as the easements along the east and west property lines
are kept.
The City Engineer would like to see the site drainage and grading
plan prior to the vacation. The conditional use permit requires
approval of a site drainage and utility plan by the City Engineer
prior to issuance of a building permit, so that concern has
already been addressed.
If Council finds that the easement serves no public use or
interest if the motel is expanded to the north, it would be
appropriate to direct staff to prepare the proper resolution upon
submission of a building permit application.
Alternatives
1. Vacate easement.
2. Vacate easement when the developer is ready to expand.
3 . Retain easement.
Recommendation
Alternative No. 2 .
Action Requested
After conducting a public hearing:
Direct staff to prepare a resolution vacating the drainage and
utility easements across the southerly 10 feet of Lot 3 and
across the northerly 10 feet of Lot 4 , Block 1, Century Plaza
Square 3rd Addition for Council consideration when a building
permit application is submitted to the City for expansion of the
Shakopee Super 8 Motel.
JSC/jms
Nw of SLc e� Szc. b, r./iS/A?z�
1�_ -- - -- Move caused the some to be Surveyed and I
SDUARE 3RD ADDITION, and do hereby don
for public use torevet the highways and the
`-� - ,
,r utility purposes as snown on the plot.
,T 1
_1• '' IBJ ,
-f� I f L;
ci Drainage b Utility F.
:1: •� O
.♦ ; l` .V
C p IG
-- 1 q
_j
in
r,' \ ' Being 10-D feet
NB
"�$6•3>•� adjoining lot
10.0 feet in w•
� � -- -- - adjoining strel
shown otnerwis
loo 0
3/9- g 7mob-
L
<<_ SCALA
\ � 1 '"�• I 6�C I
ryE`� .i 27l 3%S��`.�...r�-�i•''"`�S,L-' Loi G� Qu;io�B -
zo as I \
'SN D--^r,:,,'• oDFNOTES IR
9c AI'I NUS S .
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DEMARS-W
'' - LAND SURVEY
Planning Commission
Dece-rber 4, 1956
Page -4-
;,ane/Schmitt moved to continue the public hearing to January 5, 1957, to
give the applicant time to respond to the issue of landscaping pians.
Motion carried unanimously.
FJBLTC 7"ART—NG - Conditional Use Permit 7399 to allow a 30 unit
aadition, Cnakonee Super 8 Parinership.
Pomerenke/Schmitt moved to open the public hearing to consider a request
for an amendment to the existing Conditional Use Permit Resolution ;#399
to allow a 30 unit addition to the property located at 581 Marschall Road.
Motion carried unanimously.
The City Planner said there are currently 70 units at the site and the
applicant would like to expand into lot 3 and add 30 more units. Discussion
ensued on meeting the- side yard setback when there is a combination of 2
lots. The City Planner said the two lots are being jointly developed and
they are owned by the same person.
Chairman Czaja asked if there was anyone from audience who wished to
address this issue. There was no response.
VanIJ,aldeghem/F'oudray moved to close the public hearing. Motinn carried
unanimously.
7anMaldeghem/Foudray offered amended Conditional Use Permit Resolution
7399 and move for its adoption subject to the following conditions:
1. A landscape plan shall be submitted and approved by the City
Planner prior to issuance of a building permit.
2. Vacation of the drainage and utility easement prior to approval of
a building permit.
3. Approval of a site drainage and grading plan by the City �gineer
prior to issuance of a building permit. .
4. Construction of the five foot sidewalks along the west side of lots
3 and 4 prior to issuance of a final Certificate of Occupancy.
Motion carried unanimously.
7 pnej�Sc_ moved see a _'egal o_o`-i on from the City r'.ttorney
relative to issuance of a variance as opposed to allowing principal structures
being built across lot lines. Motion carried with Comm. Foudray opposed.
7?Tl�_,T(, ', 77 - Condition-1 L'semer^It 91175, Outdoor -r
' yi ronments T,an6—
Out li
scapinr organ
Schmitt/Pomerenke moved to open the public hearing to consider a request
for a Conditional use Permit to operate a iandscaping :service upon the
property located on Lots 1 and 2, Block 1, A & G 1st Addition. notion
carried unanimously.
42 cz.
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Implementation of Hotel/Motel Tax
DATE: January 2, 1987
Introduction
The Shakopee City Council has entered into an agreement with the
Shakopee Chamber of Commerce to administer a hotel/motel tax as
provided under State Statute. City Council had directed the
Chamber of Commerce to establish the amount of the proposed
hotel/motel tax and a budget.
Background
The Chamber of Commerce has had a subcommittee working on the
amount of hotel/motel tax to be recommended to Council, and a
budget with proposed expenditures. That committee has reported
to the Chamber of Commerce Board of Directors and as noted in the
letter from Virgil Mears dated December 19, 1986 the Board of
Directors approved the subcommittee' s recommendation for a 30
hotel/motel tax effective immediately. The Board also approved
the proposed first year operating budget.
At the Board meeting, when the proposed hotel/motel tax was
approved, the Shakopee hotel/motel owners indicated to the
Chamber officers that they would be seeking an alteration in the
organizational structure established by agreement between the
City Council and the Chamber of Commerce. The City has received
three pieces of correspondence regarding this issue.
1. Attached is a letter dated December 23 , 1986 from the
hotel/motel owners requesting that City Council consider
altering the organizational structure established to
administer the expenditure of the 3% hotel/motel tax.
2. Attached is a letter dated December 22 , 1986 from Virgil
Mears requesting that Council not alter the organizational
structure for at least a three year trial period.
3 . Attached is a letter dated December 23 , 1986 from Linnea
Stromberg-Wise also requesting that the City Council not
alter the organizational structure established to administer
the tax.
Alternatives
1. Implementation of the 3% hotel/motel tax. The tourism
subcommittee, Chamber of Commerce and hotel/motel industry
support a 3% hotel/motel tax. There are three basic
alternatives for implementation that should be considered by
Council in reviewing the ordinance implementing the tax
(ordinance to be provided on Monday by the City Attorney) .
a. Council should consider the date of implementation of
the 3% hotel/motel tax. The Chamber has recommended
immediate implementation. Based upon the aggressive
program proposed by the tourism advisory committee and
approved by the Chamber Board the sooner revenues are
available the better. On the other hand, Council may
choose to wait until the tourism season gets in full
swing before implementing the tax.
b. Council should determine whether or not a sunset clause
should be included in the ordinance. The ordinance
being drafted by the City Attorney will have a three
year sunset clause in it. The purpose of the sunset
clause is to require affirmative action by the Chamber
and the City Council to renew the proposed hotel/motel
tax after a three year trial period. Council could
either eliminate this three year sunset provision or
shorten it.
C. Council should discuss the planned inclusion of
campgrounds in the proposed hotel/motel tax. To date
the campgrounds have not fully participated in this
discussion although two campgrounds have been well
represented in Chamber tourism committee meetings.
Those campgrounds are the current campground at
Valleyfair and the proposed campground at the Shakopee
Valley Motel. We do not know if other cities have
included campgrounds in the tax, however it has been
recommended that campgrounds be included by the tourism
subcommittee and the Chamber. We do have a legal
opinion from the City Attorney and the League of
Minnesota Cities Attorney indicating that the Minnesota
Statute language appears "elastic" enough to include
campgrounds in the tax. We have also received a letter
from a state-wide camping organization disagreeing with
our City Attorney' s legal opinion.
2. Consider alternatives for the organizational structure.
a. Council may continue with the present organizational
structure which require the proceeds from the
hotel/motel tax be turned over to the Chamber of
Commerce which in turn will administer them through its
newly established Scott County Convention and Visitors
Bureau committee which has three representatives from
the hotel/motel industry included as members. Linnea
Stromgberg-Wise' s letter indicates that several cities
have used this organizational structure.
b. Council may consider changing the existing organization
structure and creating a separate visitor and
convention bureau turning the tax proceeds over to that
bureau. The elements of the organizational structure
for this proposal are outlined in the December 23 , 1986
letter from the Shakopee hotel/motel owners. The
creation of a separate visitor and convention bureau is
an alternative practiced by other cities as well.
Summary
I have been working with the tourism advisory committee and the
Chamber of Commerce Board of Directors on the implementation of a
hotel/motel tax for more than six months. It is my feeling that
there is fairly strong consensus on the worthwhile nature of a 3%
hotel/motel tax if the tax is expended as proposed in the 1987
draft budget for the Scott County Convention and Visitors Bureau.
There is less consensus about how the future revenues should be
expended should any of the three major activities proposed under
the Scott County Convention and Visitor Bureau budget be
successfully completed in one or two years. City Council, under
the present organizational arrangement or any other
organizational arrangement, will have to maintain the authority
to approve all budgets to insure that future revenues are
expended within the guidelines of the State Statute authorizing
local hotel/motel taxes. It is because of the uncertain nature
of future expenditures that there is a honest difference of
opinion about the best organizational structure.
Council will also have to work with the Chamber on the issue of
ownership of a new Chamber building on City property at Memorial
Park to house the Chamber and Tourism Convention Center offices.
Recommendation
I recommend approval of Ordinance No. establishing a 3%
hotel/motel tax ( 1) effective immediately, ( 2) with a three year
sunset and ( 3 ) including campgrounds. I also recommend we keep
the present structure and review its effectiveness when a 1988
budget is submitted for Council approval.
Action Requested
Approve Ordinance No. establishing a 3% hotel/motel tax
effective immediately.
JKA/j ms
SHAKOPEE AREAI
DEC 2 21986
rw
4;ITY Or SPAKOPEZ
P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445-1660
12-19-86
The Honorable Eldon Reinke , Mayor
City Council Members
City of Shakopee
129 South First Ave .
Shakopee , MN 55379
Dear Mayor Reinke :
The Board of Directors of the Shakopee Area Chamber
of Commerce , upon the recommendation of the Tourism Advisory
Committee , requests that you implement a 3% Hotel/Motel tax
effective immediately.
Enclosed is the proposed budget for the first year of
operation.
This recommendation and the enclosed budget has the
approval of the Hotel/Motel Association and , in fact , was
drawn up primarily with their input . The Chamber Board of
Directors approved this recommendation and budget on 12-19-86 .
Thank you for your consideration of this request .
T* c—ere1y,
Virg 1 S . Mears , Chair
Tou sm Advisory Committee
M/d
PROPOSED 1987 BUDGET
for
SCOTT COUNTY CONVENTION & VISITORS BUREAU
MAJOR WINTER ACTIVITIES
Salaries - (Temporary Director'- Max. 12 weeks) $ 7,200.00
a - (Full-time E)Cecutive"Director - 8 weeks) 5,600.00*
Research - (Mileage, Postage and Related Expenses) 1,000.00
Recruiting - (Cost Incurred Interviewing Exec. Dir. Candidates) 4,000.00
Lobbying 2,500.00
Legal `Fees (Cost of Forming N.P.O. ) 1,500.00*
$ 21,800.00
a
GENERAL TOURISM
Brochure (Split Cost With Shakopee C.C. ) $ 7,000.00
Local Promotions (Parades, Festivals, etc. ) 3,000.00
Outdoor Advertising (Billboards, Directional Signs) 6,000.00
Trade Shows (Tourist Related Shows) 3,000.00
$ 19,000.00
OPERATING EXPENSE
Rent/Lease (Based on 1,000 Sq. Ft. @ $8 p.s.f. ) $ 8,000.00
Utilities (Pro-rated Shared Cost) 1,500.00
Staffing ('k C.C. Secretaries Salaries) 4,000.00
(Visitors Bureau Additional Staff) 6,500.00
Equipment (Either Purchase or Rental Cost) 2,000.00
Telephone (Installation Costs & Watts Line Cost) 6,000.00
$ 28,000.00
City Administrating Cost (5%) 3,300.00
$ 72,100.00
*Reimbursement From N.P.O. Winter Activities 7,100.00
$ 65,000.00
SHAKOPEE AREA HOTEL OWNERS
Shakopee, MN 55379 "'1 ��
December 23, 1986
SEG
KO0G�.
Shakopee City Council Members .-v
City Of Shakopeet'� ��
129 East 1st Avenue
Shakopee, MN 55379
Dear Shakopee City Council Members:
This letter is to express some of the concerns and ideas of the Shakopee Hotel
Owners as they relate to the establishment of a 3% Hotel Tax.
First we would like to express our thanks to all the people who have contributed
to the discussion and research around this issue. It is through this participa—
tion that all of us will make these tax dollars a valuable tool to increasing
visitor and convention business in the Shakopee area, especially during the non—
summer months; when we need the business. It definitely shows us the community
is progressive and willing to help promote a major industry in this area. Because
of this progressive attitude, the hotel owners support the tax although it may
adversely affect our room revenues.
In researching the structure and organization of other successful Convention and
Visitors Bureaus, we have found the majority of them are self governing and di—
rectly accountable only to the City Council. This is, in part because of the
following:
(1) The hotels are the payers of the tax. They will promote whatever
activities best promote tourism and conventions, because only then
will there be additional rental of hotel rooms, which justifies the
hotels ' willingness to pay the tax. This is what the statute intended.
(2) The hotels have marketing staffs, which daily work at promoting tour—
ism and convention business, and can provide effective leadership in
addition to the leadership of others who will be on the board.
(3) Most importantly, the Board of the C.V. Bureau will be composed of
representatives of those entities, whose business success or failure
depends in part upon effective use of the tax proceeds.
(4) The Board can make sure that the tax proceeds are used only for those
purposes mandated by statute.
We feel strongly that this is the direction, we should take in the Convention
and Visitor Bureaus organization. We recommend.a bureau comprised of: a member
of the Shakopee City Council, three members from the Shakopee hotel industry,
two members from the major tourist attractions in the Shakopee area, two members
from other tourist impacted businesses in the Shakopee area, a seat reserved for
someone designated by the Shakopee Chamber of Commerce and a seat reserved for
an executive director, if and when the need arises. All of them will possibly
be members of the Shakopee Chamber of Commerce; as most business people are. The
members of the Bureau Board would serve staggered three year terms, except for
the executive director who would be provided with an employment contract. The
schedule for the staggering of the terms could be worked out by the Board.
The tax moneys would be budgeted in accordance with the parameters of the state
law (which does not allow funding of a building) . We feel however that one-
third (1/3) of the budget should be directed toward the promotion of a major
winter activity, one-third (1/3) toward general tourism during the winter and
spring and fall months and one-third (1/3) toward operational cost. As the tax
dollars would increase, you would eventually reach a maximum in the operational
cost, and the excess moneys would be split between the other two areas of the
budget.
It is not the intent of the hotel owners to slow down this process to fund dollars
toward the promotion of visitors and conventions, but to ensure that the future
of the proposed bureau and it's intended purposes will continue successfully.
We strongly feel that this can only be guaranteed by having a direct governing
tie from the board to the Shakopee City Council.
We also believe that the tax ordinance should provide that, unless extended later
by City Council action, the tax will be repealed automatically 3 years after it 's
adoption. This would insure that every three years the tax is re-evaluated, and
everyone affected will work for the most effective us of the tax proceeds.
The Visitors and Convention Bureau would/should operate out of the Visitors In-
formation Center. The present center is obviously too small even for its , pre-
sent function. As part of the operational budget, the Bureau could lease space
from the Chamber, if they built a building, or from the City if they built a
building, to help the owner of the building cost justify its ' being built. Add-
itionally, the Bureau would also be interested in sharing secretarial and office
expenses in order to keep within budget. In this manner the expressed goals of
all parties could be accomplished.
We have always appreciated the hard work of the City and the Chamber of Commerce
in the promotion of the tourism industry, and we strongly endorse and support
the present efforts to establish and fund this Visitors and Convention Bureau.
Respectfully,
The Shakopee Hotel Owners
SHAKOPEE AREA RECEIVED
DEC 2 :; 1986
CITY 0 H,yt.C; E
P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445-1660
12-22-86 gyy1
The Honorable Eldon Reinke , Mayor
City Council Members
Shakopee City Council DEC
129 E . 1st Ave .
Shakopee , MN 55379 -
C1TY
Dear Friends :
At our recent Shakopee Chamber Board of Directors meeting,
Mr . Stan Ockwig suggested to Linnea Stromberg/Wiese and me
that the Hotel/Motel Association would be making an effort
to have the governing body of the proposed 3% tax separate
from the Chamber of Commerce . The Chamber is opposed to
this action at this time.
First , we have an agreement with the City Council which
allows the Shakopee Chamber to manage the revenue , with a
reporting and accounting plan to the city , which has not
been given an opportunity to operate as yet .
More importantly, however , is that the Chamber has spent
considerable time working on this concept , the state laws
of Minnesota regulate rather stringently what the money may
be used for and , quite frankly, efforts by any governing
groups would need the good will and support of the Chamber
and we ought not alienate that before it is fostered .
I believe the Hotel/Motel people are concerned that
the Chamber may have or could have , thoughts for use of these
funds for things other than they may wish . Currently this
is not true . We are sincerely interested in promoting
Shakopee , particularly in the off season. Again, there are
severe restrictions in expenditures allowed by our law.
The Chamber has agreed by motion to explore possible
additional revenue sources through the state legislature.
This has been suggested by the Hotel/Motel group. The Chamber
has also discussed a possible surcharge for members that
benefit most directly from tourism - restaurants , bars , service
stations , etc . Neither of these options would be successful
without the Chamber ' s backing .
One argument may be that since the Hotel/Motel people
are paying the tax then they should decide the expenditure .
We have two arguments against that . One , no where else do
the people who pay a tax have direct control of the
expenditures , not school , city, county, state or federal
and secondly , the Hotel/Motel people DO NOT pay the tax -
their customers do.
We believe the current arrangement between the City
Council and the Chamber ought to be given an opportunity
to work . If , after a period of two to three years , it is
found that the system in place is not working then would
be the time to consider a change .
The Chamber of Commerce believes its goals and future
plans are very similar to what the Hotel/Motel people are
interested in and we see no apparent conflict . We would
urge you to remain with the currently agreed upon plan until
and unless it does not work .
Another issue which may come before you would be a sunset
provision. It has been suggest that a yearly sunset provision
would be appropriate . I would suggest , if there is to be
a sunset provision , that perhaps one from three to five years
would be more reasonable . This would provide adequate time
to see if this whole concept will work . It would be hard
to generate great enthusiasm and long range planning if one
had reason to believe that the committee may not exist in
12 or less months .
Thank you for your consideration .
Since ely ,
Virg * S . Mears , Chair
Tour�sm Advisory Committee
M/d
cc : Mr . Stan Ockwig
RECm"I ED
DEC? 71986
CITY ^~ � n c
t f vi ;�.L opm:C
December 23, 1986
Chamber of Commerce
John Anderson
City Administrator
City of Shakopee
129-1/2 First Ave. E.
Shakopee, MN 55379
Dear Mr. Anderson:
As the Director of Marketing at Valleyfair, past chairman, (3 years) of the
Chamber of Commerce Tourism Committee and the current President of the Shakopee
Chamber of Commerce, I have a strong interest in seeing a Convention and
Visitors Bureau become a reality to the Shakopee community.
I also feel that the bureau should be accountable to the Board of Directors
of the Chamber of Commerce, as is done in cities such as Minneapolis ,
Bloomington, and Mankato.
Tourism and conventions are industries that affect the whole community. We
have in place a concerned, balanced and effective organization in the Chamber of
Commerce. With their appointment of an advisory committee for the Convention
and Visitor Bureau, I believe we have in place a vehicle for strong and vital
leadership of the Shakopee Convention and Visitors Bureau.
I urge the city council to levy a 3% tax on motel and hotel rooms and
campground spaces for the funding of this bureau. I also recommend the con-
tinued leadership of this bureau by the Shakopee Chamber of Commerce.
Thank you for your consideration.
Sincerely,
Linnea Stromberg-Wise
LSW/js
ORDINANCE # 212
Fourth Series
An Ordinance of the City of Shakopee, Minnesota Amending the Shakopee City Code
Chapter 6 Entitled 'Other Business Regulations and Licensing" By Imposing a Lodging
Tax, Providing for the Payments and Use Thereof and By Adopting By Reference Shakopee
City Code Chapter 1 and Sections 6.99, Which Among Other Things Contain Penalty
Provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: New Section 6.44 Added to Chapter 6
A. Local Lodging Tax Adopted
THE City Council hereby imposes a lodging tax of 3% on the gross receipts
obtained from thefurnishing for consideration of lodging at a hotel, motel, rooming
house, tourist court, campsite or resort, except where such. f acilities are leased
or rented for a continuous period of 30 days or more.
B. Report and Payment of Tax
Any firm, association or individual subject to the lodging tax imposed hereby
shall report the gross receipts hereinbefore referred to to the City- of Shakopee
within fifteen (15) days of the end of the month when collected and said report
shall be accompanied by payment in full.
C. Records Preserved For Inspection
Complete records of all such gross receipts, collections: and remittances shall
be preserved for a period of one year and shall during said year be open to inspection
and audit by the City of Shakopee.
D. Collection Authorized
In addition to any other penalty, the City may collect by legal action any
delinquent tax plus. 6% interest thereon and the cost of collection including including reasonable.
attorney fees.
E. Disposition of Proceeds
Ninety-five percent (95%) of the gross proceeds from the tax impos.ed .hereby
shall be used by the City to fund a local convention or tourist bureau for the
purpose of marketing and promoting the City as a tourist or convention center and
five percent (5%) shall be used for the administration of this ordinance.
F. Termination
This ordinance, unless extended, shall terminate and be of no further effect
three years after its effective date.
SECTION II: Adopted By Reference
The general provisions and definitions applicable to the entire City Code
including the penalty provisions of Chapter l and Section 6.9.9 entitled "violations.
a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION III: When in Force and Effect
After the adoption, and attestation of this, ordinance, it shall be published
once in the official newspaper of the City of Shakopee and shall be in full force
and effect on and after the date following such publication.
Passed in session of the City Council of the City of Shakopee,
Minnesota held this day of , 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as, to form
this 5th day of January,1987 -
o
City Attor y
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk1�
RE: Application for Masseuse Registration
DATE: January 2, 1987
Introduction
The City has received an application from Carol Cronkhite for
registration to practice massages in her home at 2560 Muhlenhardt
Road.
Background
The application is in order and the Police Department has
conducted the appropriate investigation, see attached.
Because the massages were to be conducted out of the home, and
not in a massage parlor, the applicant was instructed to apply
for a conditional use permit for a home occupation. After
holding the necessary public hearing, Planning Commission did
approve a conditional use permit for the home occupation.
Planning Commission also had concerns about Section 6 . 40 and
Section 6. 41 of the City Code (Language regarding massage parlors
and licensing of a masseuse) and Section 11. 05 , which is home
occupation and how one relates to the other. The City Attorney
was asked to render an opinion.
Section 6. 41 requires a masseur or masseuse to be duly registered
with the City prior to practicing massage.
In Section 6 . 40, Subd. 1 the term "massage parlor" means an
establishment in the business of providing massage services
either to the public or as a private club.
Section 6. 40, Subd. 2 states that any person who directly or
indirectly engages in the business of keeping, conducting or
operating any massage parlor. . . . must first obtain a license
therefor from the City.
Section 6 . 40, Subd. 5 states that licenses (massage parlor) may
be granted only for locations in the general commercial districts
of the City. . .
Section 11 . 05 , Subd. 10 Home Occupations. Any home occupation may
be permitted only as a conditional use if it complies with the
minimum requirements of the Subdivision.
A. The home occupation shall be carried on by a member of the
family in the dwelling unit with not more than one employee
who is not part of the family.
B. The home occupation shall be carried on wholly within the
principal or accessory structure.
C. Exterior displays or signs, except those permitted by the
Shakopee Sign Ordinance, exterior storage of materials
except in AG or R-1 Districts, and exterior indication of
the home occupation or variations from the residential
character of the principal structure shall not be permitted.
D. Objectionable traffic noise, vibration, smoke, dust,
electrical disturbances, odors, heat, or glare or other
conditional uses which are objectionable to adjoining
property owners shall not be produced.
E. The home occupation shall not involve over-the-counter sales
except in AG or R-1 Districts.
The City Attorney has advised that in this case Section 6. 40
prevails and that a massage parlor may not be located in a
residential district as a home occupation. (The City Planner is
' recommending to Planning Commission that based on the City
Attorney' s opinion, they reconsider their action of December 4 ,
1986 .)
Since Ms. Cronkhite' s application for registration as a masseuse
lists her home as the business address , her application may not
be approved.
Staff advised Ms. Cronkhite to apply for a conditional use permit
for a home occupation, and as it turns out we errored in
recommending this procedure.
Because of this error, both the City Planner and the City Clerk
recommend that Ms. Cronkhite be refunded her $75 . 00 conditional
use permit application fee.
Alternatives
1. Approve application of Carol Cronkhite for registration as a
masseuse at 2560 Muhlenhardt Road.
2 . Deny application.
3 . Refund conditional use permit application fee.
4 . Do not refund fee.
Recommendation
Alternatives 2 and 3 .
Action Requested
1 . Deny the application of Carol Cronkhite for registration as
a masseuse at 2560 Muhlenhardt Road.
2. Approve refunding the $75. 00 application fee for a
conditional use permit for a home occupation to Carol
Cronkhite, 2560 Muhlenhardt Road.
JSC/jms
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Masseuse License
DATE: December 22 , 1986
INTRODUCTION
Carol Margit Cronkhite has made application to the City of
Shakopee for a Masseuse Registration. This department was
instructed to do the appropriate investigation.
BACKGROUND
Officer R. Lawrence conducted an appropriate investigation.
No information was developed which would indicate the denial
of a masseuse license would be appropriate.
RECOMMENDATION
Based solely on the facts provided during the course of the
police investigation, and not having knowledge of other
factors which may be considered, I recommend a masseuse
registration be issued to Carol Margit Crohkhite, of 2560
Muhlenhardt Road, Shakopee, MN.
PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION /
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 1986
Chairman Czaja called the meeting to order at 7:33 p.m. with Comm. Schmitt,
VanMaldeghem, Pomerenke, Foudray and Lane present. Also present were John
K. Anderson, City Administrator; Judi Simac, City Planner; Dennis Kraft, Community
Development Director; and Cncl. Lebens. Comm. Rockne arrived at 10:05 p.m.
The agenda was approved as written.
Foudray/VanMaldeghem moved to approve the minutes of November 6, 1986. Motion
carried unanimously.
PUBLIC HEARING - Conditional Use Permit #479 - Carol Cronkhite, Home Occupation
to do therapeutic massage.
VanMaldeghem/Foudray moved to open the public hearing to consider a request for
a conditional use permit to conduct a home occupation to do therapeutic massage
upon the property located at 2560 Muhlenhardt Road. Motion carried unanimously.
The City Planner said the applicant intends to perform therapeutic massage by
appointment only in a separate room outfitted with the necessary equipment.
The applicant is certified by the Minneapolis School of Massage. There will
be no signs and clients will be obtained by word of mouth or be recommendation
of doctors.
Discussion ensued on definition of massage parlor_ vs. therapeutic massage
in the home. Comm. VanMaldeghem said there is nothing in the City code
relating to massage home business, and that a legal opinion by the City
Attorney should by sought.
The City Planner explained that the code was interpreted to require licensing
for a massuese to operate in the home. It was not considered to be a massage
parlor, which are required by code to be located in a business district.
Fred Corrigan, property owner to the west, raised a concern over the definition
of home business. He said it is a new neighborhood and is concerned over more
home businesses opening. The City Planner explained the procedures required
for starting a home occupation which requires a conditional use permit.
The applicant stated she intends to do no more than 2 a day and each appointment
will take 12 hours. Hours will be between 8:00 a.m. and 9:00 p.m.
Chairman Czaja asked if there was anyone else from audience who wished to address
this issue. There was no response.
Foudray/VanMMaldeghem moved to close the public hearing. Motion carried unanimously.
Foudray/Schmitt offered Conditional Use Permit Resolution No. 479 and moved for
its adoption. Motion carried with Comm. Schmitt abstaining.
VanMaldeghem/Lane moved that the City Council and the City Attorney receive
hard copies of the discussion and concerns of the body in regard to Section 6.40
and Section 6.41 of the City Code (language regarding Massage Parlors and
licensingof a Masseuse) and Section 11.05, which is home occupation and how one
relates to the other. Motion carried unanimously.
JULIUS A. COLLER, II
ATTORNEY AT I-AtiT 612-any-12A4
JU LIUS A.CO LLER '
I
859-1940 2 1 1 WEST FIRST AVENUE
SHAKOPEE, 1%1I7vTI.ESOTA
553Z9
December 16, 1986
Ms. Judi Simac, Shakopee City Planner
Shakopee City Hall
Shakopee, Minnesota 55379
Dear Ms. Simac:
You wrote that a certified masseuse, who would like to conduct her occu-
pation in her home at 2560 Muehlenhardt Road, submitted an application to
the Planning Commission and the City Council. The Commission did. grant
the requested conditional use permit subject to Council approval. You
further requested that T review the Commission's action prior to the
Council meeting of December 16.
The Shakopee City Code has specific provisions concerning massage parlors.
in Sections. 6.40, 6.41 and 11.05, Subd. 10. Subd. 5 of 6.40, however, is
controlling here in that it provides that such license may be granted only
for a location in the general commercial district of the City to establish-
ments which can meet the safety, sanitary and building code requirements
of the City. Since 2560 Muehlenhardt Road is not in the Shakopee general
commercial district, the Planning Commission erred in granting the conditional
use permit, and in view of the foregoing provision, the Council is prevented
from acting favorably on this application.
V truly Yours,
Ju ius A. Coller, IT
Shakopee City Attorney _
JAC/bpm _ _ �
t
January 5, 1987
City Council Members:
I wish to submit this request for a change in the ordinance concerning
my being able to practice therapeutic massage from my home.
I would like to explain to you a bit of my background so you can un-
derstand why I need to work from my home.
Four and one half years ago I was given a four day oral dosage of pred-
nisone by an allergist for a troublesome rash. In two months it had
knocked out my immune system and I was very ill. Since then I have
developed extreme chemical, food and environmental allergies, that bring
on severe immobilizing reactions. ( Note letter from Dr. Kroker.)
I was no longer able to do my upholstery work of 182 years due to the
sensitivities to the fabrics and dyes. I could no longer enter peoples
homes to do the showing of fabrics and make the sales because of their
particular environments. This was June of 1984.
Since then, I have filed for social security disability on the advice of
Beth Finlayson, a counsilor at the Minn. Dept. of Vocational Rehabilitation.
Social security has no grid into which severe dibilitationg allergies fall.
So, it has been over a two year fight with them and I am still in the
process of appeal.
At the Dept. of Voc. Rehab. in Dec. 1984 we decided I was to ill to do
the testing that is necessary. So we put my file on hold. In Nov. 1985
I did the testing, not without a reactive incident to the environment.
I must admit it was an ego trip. Veing I never went to college I had no
idea of how I would do. I tested in the upper 94/ and have the intellegence
for a meriod of professions. Ranking high toward health care, farming
and math. The catch here is that the schooling facilities to train me
were environmentally unsuitable. And if I where able to tollerate them I
would be unable to do the work because of product, chemicals, location,
general public, etc. . We did a lot of discussion on all these factors.
On hold again.
I was devistated. I could no longer socialize under normal conditions,
could no longer do my work or even find a substitute. by total life style
and eating habits were changed. My life represented nothing of what it
was. I couldn't even be room mother any longer for my 8 year old because
of chemicals in or on the school premises.
I do volunteer at the Community Food Co-op in Burnsville four 3 hour
shifts per quarter. It is very rare I accomplish any of these shifts
without incident. The co-ordinators are totally aware of my limitations
and work with me for a successful session. I also, at the request of the
Co-op council other environmentally ill people and those who are dealing
with candidisis.
2. /
The Dept. of Vac. Rehab. turned my case over to the Courage Center. They
are a wonderful concerned group of people but I can't come all this way
in life to make pot holders. It is not enough.
In Oct. of 1986, I heard about therapeutic massage. Therapeutic means,
having healing qualities, curative. I visited the Minneapolis School
of Massage, which is an acredited school and a non-profit organization.
The environment was O.K. . I have to wear a mask in the rest room because
of air fresheners and couldn't tollerate the oil used by the school but
they helped me find a substitute.
I enrolled and went. I was certified Nov. 25, 1986 with an evaluation of
excellent. Th Dept. of Voc. Rehab. is going to pay 50/ of my future
schooling. The next course is to start on Jan. 7, 1987. I am considering
heavily the probability of not continueing because I would have no where
to proctice my skill.
I need to do my work from my home. It has taken us over four years to
make it a safe environment for me. We use no commercial cleaning agents,
no airisols, fragranced products and petoleum products. I am so sensative
I can no longer use shampoo, makeup, petroleum jelly items, deoderants,
fragrances, nor can my family members use these fragranced items around
me.
I have to have a controlled environment where there is no possibility of
penetration of outside reactive substances. If I were in a retail space
or went to peoples homes and someone had fumigated, washed or polished floors,
dusted furniture, deodorized the air, the list is endless, I would be
completely immobilized for hours and spend days recovering.
I am looking for some small income to help pay my medical ')ills. My
insurance benefits have come to an end, the bills haven't. If I could
over time build a clientel of 10 a week it would be wonderful but this
to may be more than my health state may allow. I won't know untill I
try. As the code stands now I won't have the opportunity to try and
I will never now.
I do not intend to advertise nor put up a sign. I don't consider that
I am open to the public, as I would only do this on an appointment basis.
I don't care to deal with undesirable clientel.
I do believe in regulation and have no problem with someone policing or
checking up on my activities. After all you would know where I would be
working at all times.
I don't like the termor nology of "massage parlor" nor the connotations that
go along with it. I do not consider my doing massage out of my home as
running a "massage parlor". I am a masseuse.
Sincerely yours
Carol Margit Cronkhite
David L.Morris,M.D.,FACA,ASM
GeoW F.Kroker,M.D.,FA CA
�LLERGY ASSOCIATES Vijay K.Sabnis,M.D.,ASP
Of
LACROSSE, Ltd. 1
Offering advanced diagnostic and treatment options for the allergic patient...
June 20, 1986
MEDICAL STATEMENT
RE: Carol Cronkhite
2560 Muhlenhardt Rd.
Shakoppe, MN 55379
Please be advised that Carol Cronkhite has seen me in our allergy offices
on January 11, 1985 and on June 13, 1986. Please find enclosed previous
assessments which I have written regarding Ms. Cronkhite's case. I initially
assessed Ms. Cronkhite on January 11, 1985 for possible allergies contributing
to loss of motor control and faint-like states which had begun in approximately
December of 1982. On her first evaluation with me on January 11, 1985, testing
was not conclusive for allergic disease, and we specifically found no definite
reactivity to inhalant or chemical allergens. I had recommended at that
time that Ms. Cronkhite receive neurological evaluation to rule out atypical
seizures or possible narcoleptic attacks contributing to her condition.
Ms. Cronkhite returned to see me on June 13, 1986; she followed my advice
and saw a neurologist who apparently could find no underlying etiological
condition contributing to her medical illness. For this reason, she again
sought re-consultation with me to see if chemical sensitivity could be playing
a role in her illness. Testing in our clinic on June 13, 1986 revealed reactivity
to petrochemical ethyl alcohol with no reactivity to saline placebo. This
is in contrast to her first visit with us on Jan. 11, 1985 when we were unable
to evaluate chemical sensitivity due to placebo reactions at that time.
On the basis of her chemical testing in our clinic coupled with Carol Cronkhite's
history, it appears that Carol has a component of environmental chemical
sensitivity syndrome which has contributed at least in part to her medical
illness. Ms. Cronkhite appears to be environmentally chemically sensitive
and patients with this illness react to small non-toxic amounts of. commonly
encountered environmental chemicals such as tobacco smoke, perfume, disinfectants,
etc. Patients can have a polysymptomatic response involving multiple organ
systems and the reactions can be quite discomforting and even incapacitating.
We are beginning Carol on a program of chemical desensitization/neutralization
by giving her small extracts of petrochemical ethyl alcohol to see if this
helps to reduce the severity, intensity, and frequency of her chemical reactions.
COTe ' /`c5` e X ti%Ac-tS
615 So. 10th Street•P.O.Box 2408•LaCrosse,Wisconsin 54602-2408 (608) 782-2027
MEDICAL STATEMENT
RE: CAROL CRONKHITE
Page 2
Follow-up of Ms. Cronkhite in our clinic will be important in order to more
fully delineate the extent of her chemical sensitivity and to see how she
responds to this treatment approach. Nevertheless, I believe there is a
high degree of likelihood that her chemical sensitivity problem is a permanent
one and will not significantly respond to therapy. Further reassessment
in our clinic will help bear out the possibilities of this regard.
Sincerely,
George F. Kroker, M.D.
GFK:efm
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M
Z NONDISCRIMINATORY POLICY
The Minneapolis School of Massage admits students of any race,
color, national and ethics origin to all the rights, privileges,
T programs and activities generally accorded or made available
to students at the school. It does not discriminate on the basis
of race, color, national and ethnic origin in administration of its
educational policies, scholarship and loan programs, and athletic
and other school administered programs.
ESALEN MASSAGE
Esalen Massage is, first and foremost, moving the muscle tissue
of the body in a way that creates an appropriate level of trust
between client and therapist. Secondly, Esalen Massage is long,
definitive strokes that connect the body together in a tension-
reducing, very relaxing fashion. Thirdly, Esalen Massage works
primarily with the largest organ of the body, the skin, to
accelerate waste functions. Better circulation invites fluid move-
ment, blood flow to inactive muscles, greater flow of healing
lymph fluid and removal of lactic acid.
Esalen Massage stimulates muscle movement which increases fluid
movement, which feeds the muscles, which tones and elasticizes
the muscle tissue.
Esalen Massage is meant to define the body and to feel terrific.
PHILOSOPHY MINI—CLASSES
When we are born we receive our first touch. It can be a wonder SPECIAL INTRODUCTORY MASSAGE CLASS
or a trauma, but touch is meant to heal and regenerate. You want to learn massage but don't know where to begin . . .
this class is for you. It is an excellent introduction to therapeutic
massage. You will learn how to give a brief yet effective massage,
LOCATIONusing the fundamental strokes of deep muscle massage. Partici-
The Minneapolis School of Massage, Inc., is located at 23 S.E. pants will see a demonstration of the work, as well as give and
4th St., Suite 204, Mpls., MN 55414. This location is in Old receive a massage — all in one evening. To join us for this special
St. Anthony, the Twin Cities' original neighborhood, which is class, choose a date below and mail in your registration today!
currently being refurbished and redeveloped. Nearby landmarks Swimsuits may be used during class.
include St. Anthony Main and Riverplace. FEE: $50.00
DATE: SEE SCHEDULE
OFFICE HOURS
Monday - Friday, 8:30 a.m. to 4:30 p.m. MASSAGE—AWAY HEADACHES
(612) 623-7616 Tired of living with the pain of headaches? Learn how you can
relieve your headaches, or someone else's, in minutes - without
APPOINTMENTS the use of drugs. In a relaxed, informal atmosphere you will,
learn specific hands-on-techniques; discuss possible sources of
Appointments can be made to have either a student or a pro- headaches and learn stress reducing exercises. Say goodbye to
fessional massage. headaches - now, all in one evening. Loose, comfortable clothing
Rates are as follows: is appropriate for all classes.
$15.00 per hour/student FEE: $50.00
$28.00 per hour/professional
DATE: SEE SCHEDULE
MASSAGE HOURS
Staff members of the Minneapolis School of Massage include:
STUDENT PROFESSIONAL • Jim Traver - Director, instructor, CMI
Tues. 1 P.M. - 5 P.M. Mon.-Fri. • Marie Traver - M.T., director, instructor
Wed. 9 A.M. - 1 P.M. 9 A.M. - 9 P.M. • Joan Crawford, M.T., instructor
5 P.M. - 9 P.M. Sat. • Paula Berg, instructor
Thurs. 9 A.M. - 1 P.M. 10 A.M. - 5 P.M. • Ida Lorraine Wilderson, Ph.D. - M.T., consultant
Fri. 5 P.M. - 9 P.M.
• Training staff Community staff
PROGRAMFor further information about classes, or to register, please call
We have developed a four-part program for the school that we the School.
believe gives professional-minded people some choices about the
level of expertise they want to pursue. (612) 623-7616
COMMENTS I. ESALEN THERAPEUTIC CERTIFICATION PROGRAM
(Basic Massage)
ABOUTTHE SCHOOL This course teaches how to give a full body massage, concentrating
on muscle and joint tension. While doing Esalen and therapeutic
"a//the teachers are professions/and know/edgeab/e . . . techniques the physiological benefits to the recipient will be
*** recognized and studied.
was my training worthwhile? Unqualifiedly, Yes! l benefitted
physically greatly, reducing chest congestion / had had for three This activity has been designed to meet the Minnesota Board of
months, an indirect result of the training/practices." t Nursing continuing education requirements. The content relates
*** to skilled ministration of nursing care, a component of pro-
fessional nursing as defined by law.
"The training l received has, in many ways, affected many areas
of my life, and certainly has been the basis of my career in CLASSES BEGIN MONTHLY
massage." AND RUN FOR 8 WEEKS
*** This class is for the Beginner, as well as those who need a
refresher. This class awards a certificate for 44 hours.
"My classes taken at the Minneapolis School of Massage are more
COST: $260.00 (44 hours: 32 hours of class and 12 hours of
practical than the Business degree l earned at the U of M."
externship)
*** LENGTH: 8 weeks (once a week)
"The training / received through the Minneapolis School of DATE:
Massage has enhanced every area of my life." TIME: SEE SCHEDULE
*** DEPOSIT: $50 Non-Refundable
*** The letters with these comments are available at the school dl, too
upon request.***
II. MASSAGE PRACTITIONER
RECOGNITION CERTIFICATE PROGRAM
This program is designed to compliment the basic and intermediate
massage program with additional Anatomy/Physiology, basic bus-
The Minneapolis School of Massage, Inc., is registered with the iness skills, telephone, bookkeeping, ad writing sales and com-
Minnesota Higher Education Coordinating Board. Registration is munication skills. In addition there is an introduction to extern-
not an endorsement of the institution. Registration does not ships and internships. This program is 120 hrs. in length and is
mean that credits earned at the institution can be transferred to certified by the International Massage Institute.
other institutions or that the quality of the educational programs
would meet the standards of every student, educational in- COST: $700.00
stitution, or employer.
We are the only school of massage in Minnesota recognized to LENGTH: 12 weeks (2 times weekly) TIME: SEE SCHEDULE
teach professional massage. DEPOSIT: $100.00 Non-Refundable
III. COMPREHENSIVE CERTIFICATION PROGRAM IV. SPORTS MASSAGE CERTIFICATION
This program is designed to give the student a professional PROGRAM
advantage. Anatomy/Physiology, massage at many levels, The Sports massage is tailored to complement an athletic lifestyle.
Path to Ethical Business, Communication in assertive control, Athletes place their bodies under maximal stress every moment of
internships, externships and many related areas are completely their training; stress that is much different from the stress of
covered. The complete program stresses a professional working normal, daily activity. The types of problems which arise from
knowledge of how these areas relate to the prevention and (++ athletic stress and strain are very unique, and require the attention
treatment (with massage) of stress, sports, and other areas. I of a specially trained therapist. The challenge to become know-
ledgeable in the concepts and techniques necessary to support
COST: $2,755.00 athletes faces the massage therapy community. Sports Massage
addresses this challenge.
LENGTH: 24 weeks (500 hrs.) TIME: SEE SCHEDULE
DEPOSIT: $100.00 non-refundable The purpose of the Sports Massage Training Program is to engage
the therapist in a comprehensive study of the anatomy/physiology ,
** ALL CLASSES MAY BE TAKEN INDIVIDUALLY** unique to athletes, the biomechanics of athletes in all areas of
performance, injury recognition, assessment, therapy and pre-
Each of these above-mentioned programs can be made a part vention, Sports Massage techniques, and the integration of these -
of any of the other programs. skills into the world of amateur and professional sports.
The comprehensive program is an ongoing one; inquire about INSTRUCTOR: Jim Traver, CMI
beginning any time. Jim has ten years experience teaching Esalen, deep tissue. and
related massage techniques. He also is currently teaching Massage-
Business, Communication, and Anatomy/Physiology classes. He
has a wealth of experience with sports injuries and athletes. In-
Comprehensive class list: —ength Cost ternships are provided at the University of Minnesota.
• Massage I (basic) 8 Wks. $260.00 COST: $700.00
• Massage II (intermediate) 12 Wks. $380.00
• Massage III (advanced) 12 Wks. $380.00 DEPOSIT: $100.00 Non-Refundable
• Internships 44 Hrs. $200.00
History of Massage Independent $125.00 DATE: SEE SCHEDULE LENGTH: 10 weeks (120 hrs.)
• Study
• Business 8 Wks. $125.00 BASIC MASSAGE I OR THE EQUIVALENT REQUIRED.
(getting started and growing)
• Communication skills 8 Wks. $125.00 ** Payments may be extended over the class period with a
(boundaries around massage) service charge added.**
• Anatomy/Physiology 1 12 Wks. $300.00 ** Certification recognizing that the participant has completed
• Anatomy/Physiology II 12 Wks. $300.00 a course of study in Sports Massage, will be granted upon
• Electives Independent approx. satisfactory completion of the program.
(reflexology, shiatsu, etc.) Study $300.00 ** Internships are a part of sports massage and will be arranged.
• Massage methods 12 Wks. $260.00
• C.P.R. 10 Hrs. approx.
$15.00
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Asst.
RE: Validation of Downtown Feasibility Study
Petition
DATE: December 23 , 1986
INTRODUCTION:
On December 16 , 1986 a petition was presented to the Shakopee
City Council by 22 downtown property owners requesting that their
names be withdrawn from the original downtown feasibility study
petition. At that time, Council directed the City Attorney to
investigate the legal ramifications of said withdrawal request.
BACKGROUND:
On September 16 , 1986 the Shakopee City Council was presented
with a petition signed by over 35% of the affected property
owners requesting street and streetscape improvements and the
completion of a feasibility study on said improvements . On
September 26 , 1986 the Shakopee City Council accepted said
petition by approving Resolution #2610, which also ordered a
public hearing. The public hearing was subsequently held on
December 9, 1986 .
On December 16 , 1986 a petition seeking withdrawal of 22 of the
original 34 petition signers was presented to City Council.
Several persons felt that the withdrawal petition invalidated the
original petition. At the request of City Council, Mr. Julius
Coller, City Attorney, has tendered a legal opinion on this
matter. (See Attachment #1)
In summary, Mr. Coller contends that the submission of the
withdrawal petition at this time does not effect the 429
improvement process that was initiated by petition and subsequent
Council Action. If the project proceeds, pertinent Council
actions will require a majority vote.
Based on Mr. Coller ' s legal opinion, staff believes it would be
appropriate to proceed with a Council worksession on the proposed
project scheduled for 7 : 00 p.m. on January 13, 1986 .
Additionally, it would be prudent to direct the appropriate City
officials to notify the affected property owners of the
continuation of the public hearing on said project to be
scheduled for 7 : 00 p.m. , January 27 , 1986 .
ALTERNATIVES :
1 . Move to direct the appropriate City officials to notify
the affected property owners of the continuation of the
Downtown Improvement Project Public Hearing scheduled for
7 : 00 p.m. , January 27, 1986 .
2. Set a later date for the continuation of the public hearing.
3. Do nothing.
STAFF RECOMMENDATION:
Staff recommends alternative #1 .
ACTION REQUESTED:
Move to direct the appropriate City officials to notify the
affected property owners of the continuation of the Downtown
Improvement Project Public Hearing scheduled for 7 : 00 p.m. ,
January 27, 1986 .
BAS :cah
Attachment
Attachment #1
cJULIUS A. COLLER, n
7
JULIUS A.COLLER ATTORNEY AT ,.sW 612-445-1244
1859-1940 2 1 1 WEST FIRST AVENUE
SHAKOPEE, MINNESOTA
55329
December 22, 1986
The Honorable Eldon Reinke
Members of the Shakopee City Council
John K. Anderson, City Administrator
Dear Mayor, Council Members and Administrator:
This is in response to the Council's request for a written opinion on the
present status of the Petition for the revitalization of the downtown
business area.
The facts are as follows: After years of effort by the Downtown Improvement
Committee to formulate a proposal to regenerate and rejuvenate the:-original
central business district, the committee presented its findings and recommend-
ations to the Council and on September 16, 1986, the Council was presented a
Petition for certain improvements in accordance with the proposal of the
committee. The signatures on the Petitions were checked and verified and found
to be the signatures of owners of at least 35% of the property to be benefitted
and within the area of the proposed improvement as required by law.
As a result of the filed Petition which was accepted September 26, 1986 by
Resolution 2610,which among other things, ordered a public hearing which was
ultimately held and which afforded all interested parties an opportunity to be
heard and at the conclusion of the hearing it was adjourned to some definite
future date.
After the public hearing and apparently as a result thereof many_ of the signers
of the Petition signed a statement withdrawing their signatures. from the
Petition and this was presented to the Council on December 16, 1986. The
withdrawal letters, if considered, would no longer leave anything like 35% of
the required signatures; in fact 22 of the original 34 signers signed the with-
drawal letter.
The question is - what effect, if any, are the written withdrawal letters?
The signers power to withdraw_ his signature from a Petition is an important
right, and one that should not be taken from the signer without good cause.
Where the right to present a Petition is limited by statute or charter provisions
to a prescribed period, if signers seek to withdraw their names near the end of
this period, making it impractical if not impossible, to obtain additional names
before the deadline, withdrawals are not permitted. However, where no substantial
harm is caused to the right of others by withdrawals itrle reasons exists-for
prohibiting them.
Withdrawals of names from a Petition are not .timely,. however, if- they are presented
after the officer or body charged with the duty of certify.t g_:the .adequa-ay of -the
original petition has performed this function and most assuredly the attempted
withdrawals are not timely after the Council has taken action on the Petition
by accepting it and ordering and holding a public hearing thereon as in the
case now before the Council. Domeier v Golling 243 Minn 237, 67 NW 2
898; State v Streissguth - Gieb 66 Minn 266 , 68 NW 1081; Slingerland v
Norton 59 Minn 351, 61 NW 322.
In view of the above decisions and particularly the language in the Domeier
case it is my opinion that the withdrawal attempts are ineffective.
Should the Council determine to go forward with any part of the project as
Petitioned for it will have to give the same notice to the same parties of
the adjourned hearing date that it did in the first instance, if it reaches
the stage where the Council will order the improvment or any part thereof
this will require majority vote of the Council.
Respectfully submitted,
Julius A. Coller, II
Shakopee City Attorney
JAC/nh
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer fo-
SUBJECT: Sanitary Sewer Infiltration & Inflow ( I&I)
DATE: January 2 , 1987
INTRODUCTION:
The City has received correspondence from the Metropolitan
Council regarding excessive infiltration and inflow ( I&I ) into
the Blue Lake Treatment Plant tributary area. Excessive I & I is
using up an inordinate portion of the capacity of the plant ,
thereby , creating a concern for future service needs and the
possibility of a moratorium on area growth. Attached is a copy
of the letter from Met Council which also discusses proposed
plant expansion.
BACKGROUND:
An I & I study of the City ' s sewer system was conducted in 1982.
That report identified various areas of minor I & I that is not
cost effective in correcting . That report also identified a
major source of I & I, that being the interceptor that runs from
the old treatment plant along the river to the west side of
Shakopee . The study indicates that it is cost effective to
remove excessive I & I from the interceptor which is identified
as district 3 in the report. Removal of I & I is difficult and
cost effectiveness is analyzed for several levels of" I & I
reduction. Cost effectiveness is defined as those efforts that
will result in an annual treatment cost savings that is greater
than the annual cost of the I & I reduction efforts amortized
over 20 years. Attached is a two page summary of the report and
a breakdown of cost estimates. The recommended level of I & I
reduction is 20% with an estimated cost of $85 , 282 . 00 which
consists of $41 , 007 .00 for a Sanitary Sewer Evaluation Survey
( SSES) and $44 ,275.00 for rehabilitation costs.
The interceptor is approximately 10 ,000 feet in length with seven
major ccnnections . The 1982 study monitored flows and projected
I & I Within district 3 ( interceptor) as a whole. Public works
is of the opinion that the majority of the I & I is from Huber
Park to the east.
It is recommended that the initial SSES efforts consist of flow
monitoring within the suspect area in an attempt to identify and
localize I & I reduction efforts . This method should result in
increased cost effectiveness of selected I & I reduction efforts
and identification of areas that would result in non-cost
effective efforts.
I & I
January 2 , 1987
Page 2
Quotations have been received for initial flow monitoring that
Engineering wishes to conduct . The low quotation is from
in the amount of $ The 1987 sanitary sewer
fund budget includes $10 , 000 .00 for such SSES and rehabilitation
work.
RECOMMENDATION:
It is recommended that Council authorize an expenditure from the
sanitary sewer fund of an amount not to exceed Also
attached is correspondence that Staff wishes to transmit to the
Metropolitan Council regarding excessive I & I within the entire
Blue Lake Treatment Plant tributary area. The intent of the
correspondence is to clarify the City ' s position relative to the
other communities contributing to the plant.
REQUESTED ACTION:
1 . Move to authorize an expenditure from the Sanitary Sewer
Fund of an amount not to exceed $ to $ for
flow monitoring. — --
2. Move to direct staff to transmit correspondence to Met
Council requesting information relative to Infiltration and
Inflow entering the Blue Lake Wastewater Treatment Plant.
KA/pmp
I&I
P.S. LOW QUOTATION WILL BE PLACED ON THE TABLE FOR COUNCIL CONSIDERATION.
1itah (2-X--
0
�Da SOD Metropolitan Council
300 Metro Square Building
1 ��I Seventh and Robert Streets
� �; St. Paul, Minnesota 55101
Telephone (612) 291-6359
!WIN
r,1-yr ED
October 28, 1986
�tv�U 3 1g3�
Dear Mayor: L,ITY 0 S -f; -
As you know, the Metropolitan Council and the Metropolitan Waste Control
Commission (MWCC) are committed to provide for the expansion of 'local sewer
service needs in accord with the community development projections of the Metro-
politan Development and Investment Framework. Therefore we are particularly
concerned about factors that may limit our ability to meet those commitments.
At a recent meeting of the Metropolitan Council , the Council determined that
inflow/infiltration ( I/I) in the local sewer systems is using an inordinate
portion of the capacity of the Blue Lake Treatment Plant and could have a
serious impact on our ability to provide for the desired expansion of the local
sewer service in the area contributing to that treatment plant. The Council
concluded that each communit in sewer service area no. 4, the area trjibutary
to the Blue Lake Treatment Plant, shou e notifi d that I is a very serious
concern and that each communit should take steps to reduce I/I in its local
sewer s stem to ensure that we are ab e o con inue o rove e e d
desired eve o service un i the trea ment plant expansion is comDlete�-in
late 1991.
The timing g of the planned expansion of the treatment plant depends greatly on
the ongoing negotiations on the wasteload allocation for the Minnesota River
and the final effluent limits necessary to meet the water quality standards.
These negotiations involve the MWCC, Minnesota Pollution Control Agency, U.S.
Environmental Protection Agency and Council . Until the effluent limits are
agreed to, the engineering plans for the plant cannot proceed and, therefore,
the uncertainty in the completion date for the expansion. The present thinking
is that the plant eXDancinn coulr� hp on-ling in latQg1 _
Our estimate is that oresently up to possibly 35 percent of the sew P flow to
the ue a e reatment- Plant may be I/I much of which is contributed by the
loca r sys ems. This is of particular concern because during wet weather
the monthly average flow of sanitary sewage and clear water has reached as much
as 88 percent of the plan capacity (April 1986). As the plant's designed
treatment capacity is approached, this I/I is using precious capacity that will
very likely be needed to provide for the urban growth of this sector of the
Metropolitan Area. We believe that e-5 should be taken by each individual
community to reduce I/I to the extent feasible to ensure that the plant can
.provi e capacity needed by urban growth, as well as ensure that the MWCC
and Council do not violate water quality standards and other permit conditions
October 28, 1986
Page Two
for this treatment plant. If it becomes necessary to strictly allocate remain-
ing capacity at the Blue Lake reatment: an tY
to commune ie ve a resse or are actively a ressin eir
_—g_______ prob-
lems. At that time communities that have not addressed this problem may face
the posse , ,ty of a moratorium on future growth until the Blue Lake plant is
, expanded. Next year, during its revisi n o e ewer Policy Plan, e ouncil
will develop a policy on I/I inn the sewer system Such a PQ1jrY m}gb- i-rte-4-ude
instituting a sewer surcharge for communities vdith substantial I/I or
establis ing a comp i sc e u1e for reducing_ 1L—t0arrentahl levels.
The Council believes that steps can and should be taken by your community to
reduce the level of I/I in the system and that we can work together to ensure
the continued economic growth of the area. For our part, we will continue to
work to ensure that no delay occurs in our plans for the expansion of the plant.
Sincerely,
Sandra S. Gardebring
Chair
SSG:sa
cc: Louis Breimhurst, Executive Dir tor, MWCC
Dirk deVries, Metropolitan Council District 13
Ray Joachim, Metropolitan Council District 14
Marcel Jouseau, Metropolitan Council staff
2�
SUTM24_ARY, CONCLUSIONS AND RECOM�ENDATIONS
The City of Shakopee sanitary sewage flows are transmitted to the Blue
Lake Wastewater Treatment Plant operated by the Metropolitan Waste Control
commission (MWCC). Flows from the City are not determined by summing metered
quantities passing through MWCC Meter 401 and flows from the Valley Industrial
Park. The Valley Industrial Park flows are determined by use of a combina-
tion of sewage meters and water meters at each industry. The MWCC has three
other meters numbered 400, 404 and 409 which theorectically could also be used
to determine flows from Shakopee. Inaccuracies in one of these meters, how-
ever, requires that the alternate method above be applied. Analysis of the
MWCC flow data indicates that I/I does exist in the Shakopee sanitary sewer
system. The peak seven day flow rate recorded, which was 2,339,000 gpd ex-
ceeds the USEPA guideline of 1,500 gpd/in/m and indicates possibly excessive
I/I upstream of MWCC Meter 401.
The sanitary sewer system was divided into nine districts by the use of
temporary flow meters so that evaluations could be made of each district.
Analysis of each district indicated that only District 3 had possibly exces-
sive I/I. Inflow was analyzed for one particular rainfall event which indi-
cated that District 3 was also greatly affected by inflow. Districts 1, 4, 5,
6, 7 also had inflow, but most of this inflow could be attributed to the holes
in the manhole covers which are typical throughout Shakopee.
A cost analysis of District 3, indicated that I/I was excessive and cost
savings in treatment cost could possibly be realized by pursuing a rehabilita-
tion program. Presently, further USEPA funding to pursue a rehabilitation pro-
10
Is - 50 -
5-2751b
gram in District 3 is unlikely, but the City owns televising equipment which
could be used to begin an effective rehabilitation program.
The recommendations based on the data 'presented in this report are as
follows:
1. The City of Shakopee should submit this report to the MWCC, MPCA and
USEPA for review and to satisfy the requirements of a detailed Infil-
tration/Inflow Analysis.
2. The City of Shakopee should apply for further funding through the MWCC
to complete the Sewer System Evaluation Survey as outlined in this re-
port, including rehabilitation. Should funding be eliminated and the
City required to complete the SSES and rehabilitation at its own ex-
pense, the costs outlined in Appendix D could be reduced provided
Federal and State requirements do not have to be met. For example,
the Interim Report costs could be greatly reduced or eliminated and
the televising costs could be reduced if the City completed the proj-
ect on its own.
3. A Sewer System Evaluation Survey, including rehabilitation, should be
completed in District 3 with the objective of reducing the I/I by
approximately 20 percent.
4. The City of Shakopee should continue its televising program and begin
an I/i reduction program of its own to reduce flows due to I/I as part
of the normal operation and maintenance of the sanitary sewer system.
5. The City of Shakopee should be aware of the impact of I/I on the sani-
tary sewer system and begin using concealed covers on all sanitary
sewer manholes, enforce ordinances which prohibit clear water connec-
tions, such as footing drains, and continue to pursue methods of con-
trolling I/I sources.
- 51 -
S-2?51b
APPENDIX D (CONT'D)
DISTRICT 3, 20 PERCENT REDUCTION
Assoc. Sr.Design Design Senior
Person Hours Prin. Prin. Engineer Eng
ineer Tech. Tech. Clerical
Physical Inspect. 2 4
24 4 24 24
Flow Monitoring 2 4
16 4 16 80
4 g 60
16 24 32
Interim Report 24 28
Specifications
4 g 60 16
40
Television Inspect. 4 16 80
Flow Monitoring
2 4 16
60
Rehabilitation Insp. 32 16 48
Final Report
8 24 88 24
22 52 264
168 136 200 108
Total Hours
950
Total Estimated Person Hours $31,262.00
Total Estimated Labor Cost
Other Direct Costs for SSES: 990.00
Mileage (55 trips) (90 miles/trip) (20(,-/mile) 120.00
Recorder Materials Cost 1,760.00
Recorder Rental (4 meters) (8 weeks)($55/week) 500-00
Printing 3,370.00
Total other Direct Costs for SSES 34,752.00
Subtotal of SSES Costs (Labor Direct Costs) 6,255.00
Profit at 18 percent $41,007.00
Total SSES Costs
Rehabilitation Costs $10,000.00
Manhole Rehabilitation (20 manholes) ($500 each) 500.00
Mobilization Cost 10/lin. ft. ) 11,000.00
Cleaning and Television (10,000 lin. ft. ) ($1. 18,750.00
Grouting of Joints (250 joints) ($75/joint)
4,025.00
Contingency 10 percent
$44,275.00
Total Rehabilitation Cost
$85,282.00
TOTAL PROJECT COST8,286.00
Annual Project Cost ($85,282.00) (0.09716)CRF @ 7-3/8% $
D-3
S-2766b
CITY OF SHAKOPPP
INCORPORATED 1870
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650
fr
December 30, 1986
Metropolitan Council
300 Metro Square
Seventh & Robert Streets
St. Paul, MN 55101
Attn: Mr. Steve Keefe
RE: Sanitary Sewer I & I Reduction
Shakopee, MN
Dear Mr. Keefe:
The City of Shakopee has reviewed the October 28, 1986 correspondence from the
Metropolitan Council concerning sanitary sewer infiltration & inflow (I & I)
reduction. The City of Shakopee respects the Met Council 's concern for
excessive I & I and supports its efforts.
A 1982 I & I study cf Shakopee' s sanitary sewer system identified I & I within
the interceptor along the Minnesota River. The City is taking actions at this
time to correct I & I as identified within the 1982 report.
Since excessive I & I affects treatment costs to all communities with sanitary
sewer service by the Metropolitan Waste Control Commission, (MWCC) we would
like to receive information answering the following questions:
1. Since there is no longer federal funding for I & I reduction projects,
should Cities consider only cost effective I & I reduction efforts?
2. Relative to excessive I & I, how does Shakopee rank with other
communities within sewer service area No. 4, the area tributary to the
Blue Lake Treatment Plant?
3 . What is the MWCC doing to reduce I & I within MWCC owned interceptors?
4. Since a moratorium on growth would negatively impact all communities in
service area No. 4, is the Met Council currently formulating a plan to
adr.inister such a moratorium?
Thank you for your efforts in addressing these questions. As the City of
Shakopee further identifies its I & I reduction efforts, we will keep you
informed of those efforts.
Sincerely,
Eldon Reinke
Mayor
cc: Ray Joachim
u " t GJ P rOg i QSS "y
l �
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Sanitary Sewer Infiltration & Inflow ( I&I)
DATE: January 6 , 1987
INTRODUCTION:
The City has received correspondence from the Metropolitan
Council regarding excessive infiltration and inflow ( I&I ) into
the Blue Lake Treatment Plant tributary area. Excessive I & I is
using up an inordinate portion of the capacity of the plant ,
thereby , creating a concern for future service needs and the
possibility of a moratorium on area growth. Attached is a copy
of the letter from Met Council which also discusses proposed
plant expansion.
BACKGROUND:
An I & I study of the City ' s sewer system was conducted in 1982 .
That report identified various areas of minor I & I that is not
cost effective in correcting. That report also identified a
major source of I & I, that being the interceptor that runs from
the old treatment plant along the river to the west side of
Shakopee . The study indicates that it is cost effective to
remove excessive I & I from the interceptor which is identified
as district 3 in the report. Removal of I & I is difficult and
cost effectiveness is analyzed for several levels of I & I
reduction. Cost effectiveness is defined as those efforts that
will result in an annual treatment cost savings that is greater
than the annual cost of the I & I reduction efforts amortized
over 20 years. Attached is a two page summary of the report and
a breakdown of cost estimates. The recommended level of I & I
reduction is 20% with an estimated cost of $85 , 282 . 00 which
consists of $41 , 007 .00 for a Sanitary Sewer Evaluation Survey
( SSSS) and $44 ,275 .00 for rehabilitation costs.
The interceptor is approximately 10 ,000 feet in length with seven
major connections. The 1982 study monitored flows and projected
I & I within district 3 ( interceptor) as a whole. Public works
is of the opinion that the majority of the I & I is from Huber
Park to the east .
It is recommended that the initial SSSS efforts consist of flow
monitoring within the suspect area in an attempt to identify and
localize I & I reduction efforts. This method should result in
increased cost effectiveness of selected I & I reduction efforts
and identification of areas that would result in non-cost
effective efforts.
I & I
January 6 , 1987
Page 2
Quotations have been received for initial flow monitoring that
Engineering wishes to conduct. The low quotation is from Pace
Laboratories , Inc . in the amount of $ 2 , 300 . 00 . The 1987
sanitary sewer fund budget includes $10 ,000 .00 for such SSES and
rehabilitation work.
RECOMMENDATION:
It is recommended that Council authorize an expenditure from the
sanitary sewer fund of an amount not to exceed $2 , 300 .00. Also
attached is correspondence that Staff wishes to transmit to the
Metropolitan Council regarding excessive I & I within the entire
Blue Lake Treatment Plant tributary area. The intent of the
correspondence is to clarify the City ' s position relative to the
other communities contributing to the plant.
REQUESTED ACTION:
1 . Move to authorize an expenditure from the Sanitary Sewer
Fund of an amount not to exceed $ 2 , 300 . 00 to Pace
Laboratories, Inc. for flow monitoring.
2 . Move to direct staff to transmit correspondence to Met
Council requesting information relative to Infiltration and
Inflow entering the Blue Lake Wastewater Treatment Plant.
KA/pmp
I&I
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Mini-Bypass Bridge Project
City/MnDOT Partnership
DATE: December 30, 1986
INTRODUCTION:
The Environmental Assessment (EA) and the Location/Design Study
Report (LDSR) is progressing on the T. H . 169 bridge and mini-
bypass project. After conducting public hearings in February ,
1987, it is anticipated that the LDSR will be completed and
approved in spring, 1987 . The next step of the project is
preparation of final plans and specifications. The purpose of
this memo is to address alternative actions that the City can
take to enhance the probability that the project will remain on
schedule or even possibly advance the schedule.
BACKGROUND:
Currently , the mini-bypass project is included in the Mn/DOT
construction program for bid letting in December , 1989 with
construction in 1990 . Mn/DOT has indicated that they propose to
design the bridge in-house but that the bypass design will need
to be done by a consultant . At the present , there are not
sufficient funds in Mn/DOT' s consultant budget for this project
and will require legislative action to increase this budget.
Assuming the were successful at increasing the consultant budget
for late 1967 and considering the required consultant selection
process that Mn/DOT must follow, it appears the earliest that a
consultant would be working on final design would be middle to
late 1988 . This time frame would make it difficult, if not
impossible , to keep this project on track with the Mn/DOT
construction schedule .
In a resolution passed December 11 , 1984 , the City committed to a
partnership with Mn/DOT for the development of the bypass
project . That commitment consists of $ 1 . 9 million which
represents approximately 50% of the bypass portion of the
project . The City also agreed to be the lead agency in
completing the EA, LDSR, and eventually obtaining the right-of-
way for the project , cost of which to be part of the $1 . 9
million. Staff has discussed with Mn/DOT the possibility of the
City acting as lead agency for the development of plans and
specs. On a preliminary basis, Mn/DOT feels this may be a method
to continue the project in accordance with the projected time
frame . Although Mn/DOT would want the City to conduct a
consultant selection process for this project also, design could
begin about a year sooner than if Mn/DOT contracted for the
I
Mini-Bypass
December 24 , 1986
Page 2
The estimated cost of the project elements are as follows :
EA & LDSR $ 170 , 000. 00
Right-of-Way $1 ,280 ,000.00
Bypass Design $ 130, 000. 00
Bypass Construction $2, 100, 000.00
Bridge Design $ 160, 000. 00
Bridge Construction $2. 800 .000 00
TOTAL $6, 640,000.00
To date, the City has incurred the cost of the EA and LDSR
Mn/DOT has verbally agreed that language could be drafted in a
letter of understanding such that the cost of design would be
considered part of the City ' s $1 . 9 million cost. The risk to the
City is investing another $130 , 000.00 into a project that is not
absolutely assured . As with all major roadway projects ,
construction depends on state and federal funding. Mn/DOT cannot
guarantee federal funding until the project has been approved for
bid letting by the Federal Highway Administration.
RECOMMENDATION:
In an unofficial sense, Mn/DOT feels the project is assured. If
Council feels comfortable enough with the Mn/DOT construction
Program to invest approximately $130, 000.00 in the final design
of the bypass portion of the project, I recommend that staff be
directed to negotiate a draft letter of understanding with Mn/DOT
to address :
1 . Shared Funding.
2. Project scope and design elements.
3 . Possible advancement of the program schedule.
REQUESTED ACTION:
Move to direct staff to negotiate a letter of understanding with
Mn/DOT for the advanced funding of final design for the Trunk
Highway 169 Mini-Bypass Project and to return with specifics for
Council consideration.
KA/pm p
FUNDING
MEMO TO: John K. Anderson, City Administrator Iq
FROM: Ken Ashfeld, City Engineer/�* �-
SUBJECT: Upper Valley Drainage Report
DATE: December 30, 1986
INTRODUCTION:
The Upper Valley drainage study and report are complete and have
been distributed to City Council for their review.
BACKGROUND:
The City instituted a storm drainage utility beginning the first
quarter of 1986. The storm drainage utility is scheduled to
finance construction of storm drainage facilities in 9 major
drainage basins, as indicated on the attachment, and maintenance
of City wide facilities . The utility charge consists of two
charges, a City wide charge and a special benefit charge. The
special benefit charge is applicable only when there is a
specific improvement within a particular basin. The only basin
improved to date is the Holmes Street Basin, therefore, this is
currently the only area with a special benefit charge. The cost
of a particular improvement is funded based upon the following
schedule :
25% of cost ; Tax Increment Financing
50% of cost; City Wide Charge
25% of cost ; Special Benefit Charge
TIF also finances that portion of the City wide charge and
special benefit charge that is due on vacant/deferred properties.
As these properties develop, the charges are applied over the
amortization period ( 10 years) and these charges refurbish the
TIF fund.
The Upper Valley drainage report estimates the improvement cost
at $3 ,600 ,000.00 not including easements. It is anticipated that
the drainage improvements can follow existing easements or
easements obtained through the platting process. Easements will
need to be negotiated through properties between T.H. 101 and
Eagle Creek Boulevard ( C. R. 16 ) . Of the $3 . 6 million, it is
hoped that Mn/DOT participation can be obtained in the amount of
$172 , 600 . 00 ( See attached correspondence to Mn/DOT ) . The
estimated City cost of $3 ,427 ,400. 00 is then funded as follows :
$ 856 , 850. 00; Tax Increment Financing
$1 ,713 ,700 .00; City Wide Charge
$ 856 , 850 .00 ; Special Benefit Charge
Upper Valley Drainage Report
December 30 , 1986
Page 2
When the City wide charge was determined for first quarter, 1986 ,
the charge was based on a two year storm sewer construction
budget which included the Upper Valley Project. Therefore, an
increase in the City wide charge is not anticipated in 1987. A
special benefit charge is expected to be applied to all
properties within the Upper Valley Drainage Basin.
Based upon the estimated project cost and funding breakdown, the
estimated special benefit charge for the Upper Valley Basin is
$ 11 . 09 per Residential Equivalency Factor ( REF) per acre per
quarter. In comparison the special benefit for the Holmes Street
Basin is $20 . 67 per REF per acre per quarter. Note that the
Upper Valley Project includes trunk facilities only, whereas, the
Holmes Street charge included the lateral system . As a
comparison of single family lots the charges are as follows :
$6. 89 per quarter: Holmes Street Basin
$3.70 per quarter : Upper Valley Basin
The Upper Valley drainage report has been distributed to Council .
The consultant, OSM, will be at the January 6 , 1987 Council
meeting to answer questions relative to the report. If Council
approves the plan, I will then forward the plan to the Lower
Minnesota River Watershed District and the Shakopee Water
Management Organization for approval . Council should also
approve a project scope and schedule for implementation.
Staff recommends a Phase I project development from T. H. 101 to
County Road 79 at an estimated cost of $3, 000, 000. 00. Project
development west of C . R. 79 will depend upon the status of the
annexation area as well as cooperation with Jackson Township to
extend the system across Township land to serve the Lion ' s Park
area. If Council concurs with this recommendation, the next step
would be to hold a public meeting. Since the storm sewer fund is
an enterprise fund, a public hearing is not necessary . January
and February appears to be shaping up as a busy period for
Council , therefore , the date of the public meeting may be a point
of discussion.
RECOMMENDATION:
It is recommended that a date for a public meeting be set. The
earliest should be middle to late February .
ACTION REQUESTED:
Move to order a public meeting for , 1987 to discuss
proposed drainage improvements to the Upper Valley Drainage
Basin.
x .
41
" Ii 1� iii,
r: rx 11 j ;
l .
2000 0 2,000_ 4000 •`.i ;M1 --�--!_ --� A„� /
Oh
--- ` ' -
T .11- .Pn-OJECT COSTS DRAINAGE BASIN;
jr-------------_ ------------------------
1 ) $234,010 .!.PRAIR- E ST. LATERALS -1 --
�� 2) $289,489 SIDE -
WEST LATERALS
,�•�� '; 1 ' 3) $ 1 , 152, 186 ) I IOLMES ST. BASIN \ \ -
i� 4) $262,674 MARKET ST. LATERALS
S) $3,500,000 :` UPPER VALLEY
6) $800,000 DEANS LAKE
7) $450,000 ' VALLEY PARK
8) $ 120,000 CRETEX IND.PARIC - -
F -
++ 9) $450,000 RIVER BASIN
M .;SSW 1!1 } ?' i 111:j� ,
_ 1. 1{ owwwN evert+' �ewu
NEEDS
71 - ...HMI ]P_
I 1,
CITY OF SHAKOPEE
INCORPORATED 1870
t
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 y612)445-3650
f t
December 29, 1986
Bill Crawford, P. E.
District Engineer
Minnesota Dept. of Transportation
2055 No. Lilac Drive
Golden Valley, MN 55422
RE : Storm Drainage Facilities for T.H. 169/ 101 Bypass
Dear Bill :
Enclosed is a drainage study report for the Upper Valley/Mill
Pond Basin within the City of Shakopee and parts of Jackson
Township and Louisville Township. This drainage basin includes a
major portion of the T.H. 169/101 Bypass alignment. The bypass
right-of-way consists of approximately 264 acres of the 8 , 437
approximate acres within the drainage basin.
Due to proposed development within the drainage way of the basin,
the City of Shakopee is considering making drainage corridor
improvements to serve the entire basin with a drainage outlet.
The corridor improvement design and associated cost depends on
the basin land use characteristics and the study assumed land use
for highway purposes within the bypass alignment . Although
bypass construction is a few years off , it seems prudent to
include drainage needs for the bypass in the current design of
the corridor improvements . The purpose of this letter is to
request Mn/DCT to participate financially in the development of
the proposed drainage improvements.
The estimated cost of proposed drainage improvements is
$3 , 600 , 000 .00 not including drainage easement acquisition. The
City hopes to obtain the necessary drainage easements through the
platting process as much as possible . Enclosed also are
calculations of the proportional capacity designed into the
system to accommodate peak flow from the bypass right-of-way .
The calculations -i-rLdicate that the proportional cost for the
added capacity is appy— fly $172 ,600.00 .
The :-heart -of Progress Va11ey
Storm Drainage Facilities
December 29 , 1986
Page 2
Assuming the City proceeds with the proposed drainage
improvements , it is requested that Mn/DOT enter into a
cooperative agreement with the City to fund added capacity to
accommodate future highway land use . Since Mn/DOT does not
currently own the bypass right-of-way , complications may arise
with such an agreement. Therefore, it would be beneficial if we
could discuss this matter at your earliest convenience .
If you have any questions, please contact me.
Sincere y,
Ken Ashfeld
City Engineer
KA/pmp
BASIN
cc : Jim Povich, Dist. Design Engr.
/1
MEMO TO: John K. Anderson, City Administrator 1
FROM: Ken Ashfeld, City Engineer
Z�- _
SUBJECT: Federal Aid to Urban Routes Agreement
DATE: December 29, 1986
INTRODUCTION & BACKGROUND:
Attached are two copies of an agreement between the City and
MN/Dot which allows the Commissioner of Transportation of the
State of Minnesota to act on behalf of the City in administering
federal aid to urban routes ( FAU) . This is a standing agreement
which was revised in November , 1986 to include an auditing
revision as reflected in Section 7 ( 2) on Page 9 . This revision
has been reviewed by the Finance Director.
This agreement must also be approved by the City Attorney as to
form and execution.
RECOMMENDATION:
Approval of the agreement.
REQUESTED ACTION:
Move to authorize the appropriate City officials to execute an
agreement between the City and the Minnesota Department of
Transportation which provides for the Commissioner of
Transportation of the State of Minnesota to act on behalf of the
City in administering Federal Aid to Urban Routes.
KA/pmp
FEDAID
TECHNICAL SUPPORT SERVICES DIVISION
TECHNICAL MEMORANDUM NO. 86-37-SA-4
December 5, 1986
TO County Highway Engineers Distribution: I
Municipal Engineers Distribution: J
FROM Gordon M. Fay, Director
Office of State Aid
SUBJECT MN/DOT Agency Agreement and
Official Newspaper
Enclosed are two copies of the revised Minnesota Department of Transportation
Agency Agreement for your approval and execution. Please note that language
in the agreement has been added to cover single audit requirements. Any
questions in this area should be directed to Karen O'Connor, State Aid
Accounting Officer (612-296-8943) .
Return both copies to this office upon signature for further approval .
We will return a fully executed copy for your files.
Because the Agency Agreement does not identify your official newspaper, you
will have to submit to us by letter the name and address of your official
newspaper and also the day of the month when published.
The Personnel in the Office of State Aid have enjoyed the excellent working
relationships we have had with all of you this past year. We extend to
you and your employees best wishes for an enjoyable Holiday Season and Continued
Success in the New Year.
4_r . y, ire
e of State Aidctor
Enclosures: (2)
Agency Agreements
f v�Revised 11/1986
Office of State Aid
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY AGREEMENT
This Agreement made and entered into by and between the
City of herein after referred to as
the "City" and the Commissioner of Transportation of the State of
Minnesota hereinafter referred to as the "Commissioner" ,
WITNESSETH:
WHEREAS, pursuant to M.S. 161 . 36 the City of
desires the Commissioner to act as its agent
in accepting federal aid on the City's behalf, for road and bridge
construction and in contracting for the construction, improvement
or maintenance of roads or bridges financed either in whole or
part with federal moneys: and
WHEREAS, M.S . 161 . 36 , Subdivision 2 , requires that the
terms and condition of the agency be set forth in an agreement:
NOW, THEN, IT IS AGREED:
- 1 -
That pursuant to M.S. 161 . 36 , the City does hereby
appoint the Commissioner its agent with respect to all federally
funded projects, to accept and receive all federal funds made
available for said projects and to let contracts pursuant to law
for the construction and improvement of local roads and bridges.
Each contract will be in accordance with plans and
special provisions for said projects on file in the Department of
Transportation, State Transportation Building, St. Paul , Minnesota
Page No. 1
55155, and the latest edition of "Standard Specifications for
Highway Construction" and all amendments thereof, which said
plans, special provisions and specifications are made a part of
this agreement by reference as though fully set forth herein.
In the letting of said contract, it is hereby agreed
that the following procedures shall be followed , to-wit:
(a ) The Commissioner shall cause the advertisements
calling for bids on said work to be published in the Construction
Bulletin. He shall also cause advertisements for bids to be
published in the officially designated newspaper of the City.
Said advertisement or call for bids shall specify that sealed
proposals or bids will be received by the City Purchasing Agent on
behalf of the Commissioner as agent of said City. Proposals,
plans and specifications shall be available for the inspection of
prospective bidders at the Department of Transportation, St. Paul,
Minnesota 55155 , and at the office of said City Purchasing Agent
and the advertisement shall so state. The bids received in
response to said advertisements for bids shall be opened for and
on behalf of the Commissioner by a District Director of the
Department of Transportation or such other engineer of the
Department of Transportation as may be from time to time selected
by the Commissioner . After said bids shall have been opened , the
City Council shall first consider the same and thereupon transmit
to the Commissioner all bids received together with its
recommendation that the lowest bid submitted by a responsible
bidder be accepted or that all bids be rejected. Upon receipt of
Page No. 2
all said bids, the Commissioner shall duly cause all of said bids
to be tabulated and shall thereupon determine who is the lowest
responsible bidder and shall award the contract to the lowest
responsible bidder or shall reject all bids .
(b) The Commissioner shall supervise and have charge of
the construction of said projects after the same has been let.
The City agrees to furnish its City Engineer or other registered
engineer and assign him to the active supervision and direction of
the work to be performed under any contract let for the aforesaid
projects. Said engineer so assigned shall act under the
supervision and direction of the Commissioner. The City further
agrees to furnish such other personnel, services, supplies and
equipment as shall be necessary in order to properly supervise and
carry on said work .
(c ) The Commissioner may make changes in the plans or
the character of the work as shall be recommended by the engineer
in charge of the work . If he concurs in such recommendations , the
Commissioner may enter into, for and on behalf of the City,
supplemental agreements with the contractor for the performance of
any extra work or work occasioned by any necessary, advantageous ,
or desirable change in plans or construction.
It is understood by the City that the Commissioner
cannot personally investigate and pass judgment on the various
items of extra work and plan changes necessary and desirable
during the construction of the projects but that he must delegate
such duties to engineers under his supervision and control that
Page No. 3
are employed by the Minnesota Department of Transportation. The
City does hereby authorize these engineers, so delegated by the
Commissioner , to enter into, for and on behalf of the City, the
supplemental agreements specified in the preceding paragraph
hereof.
(d ) The City hereby authorizes its City Engineer, for
and on behalf of the City, from time to time, during the progress
of the work on said projects, to request the Commissioner to
furnish for use on said projects specific engineering services to
be perf.ormed by skilled employees of the Minnesota Department of
Transportation. The Commissioner may but is not obligated to
furnish the services so requested. If the Commissioner in
compliance with such request shall furnish for the use of the City
on said project the services of any Minnesota Department of
Transportation employee, then and in that event, the City agrees
to reimburse the Trunk Highway Fund for the full cost and expense
of the furnishing of such services including all costs and
expenses of any kind or nature whatsoever arising out of,
connected with, or incidental to the furnishing of such services.
( e ) The Commissioner shall receive the funds to be paid
by the City and the funds to be paid by the United States as
federal aid funds , for said projects and to pay therefrom when due
any and all sums that may become due the contractor to whom the
contract is awarded, and upon final completion and acceptance of
the work, to pay from said funds the final estimate to said
contractor for said work .
Page No. 4
(f ) The Commissioner shall perform on behalf of the
City all other acts and things necessary to cause said projects to
be completed in a satisfactory manner.
(g ) The Commissioner may enter into any agreement for
and on behalf of the City with the United States or any officer or
agent thereof that may be required or necessary for the purpose of
procuring and actually causing to be paid the federal aid funds
available for said projects and to that end to bind and commit the
City in such agreement to the performance of any and all things
required by any law of the United States or of any rule and
regulation issued by federal authority pertaining thereto
necessary for the purpose of procuring and having paid the federal
aid available for said projects.
(h ) It is the policy of the United States Department of
Transportation and the Minnesota Department of Transportation that
Disadvantaged Business Enterprises and Women Business Enterprises
as defined in 49 CFR, Part 23, shall have the maximum opportunity
to participate in the performance of contracts financed in whole
or in part with federal funds . Consequently, the requirements of
49 CFR, Part 23 , apply to this agreement. In this regard, the
Commissioner and the City shall take all necessary and reasonable
steps in accordance with 49 CFR, Part 23 , to insure that
Disadvantaged Business Enterprises and Women Enterprises have the
maximum opportunity to compete for and perform on contracts and
subcontracts. The Commissioner and the City shall not
discriminate on the basis of race, color , national origin, or sex
Page No. 5
in the award and performance of federally funded contracts.
Failure to carry out the above requirements shall constitute a
breach of this agreement and may result in termination of the
agreement or other such remedy that the Commissioner deems
appropriate.
( i ) The Commissioner may perform on behalf of the City
any other and further acts as may be necessary or required under
any law of the United States or of any rule or regulation issued
by proper federal authority in order to cause said projects to be
completed and to obtain and receive the federal aid made available
therefor.
2 _
The City agrees that it will from time to time, after
the execution of this agreement, make such reports, keep such
records and perform such work in such manner and time as the
Commissioner shall from time to time request and direct so as to
enable the Commissioner as its agent to collect for it the federal
aid sought. Said records and reports shall be retained by the
City in accordance with the Commissioner ' s record retention
schedule for federal aid projects.
- 3 -
It is anticipated that the United States will pay to the
Commissioner as the agent of the City, the federal aid funds
available to said City toward the construction of said projects .
It is further anticipated that the contracts to be let by the
Commissioner as the agent of the City, for the construction of
Paae No. 6
said projects shall provide that the contractor, as the work
progresses, shall, from time to time, be paid partial payments
designated in said contract as partial estimates and on the
completion and acceptance of said work to be paid a final payment
designated in said contract as a final estimate for all work
performed.
The City further agrees that any City funds and/or
Municipal State Aid funds to be applied to any contract covered by
this agreement shall be deposited with the Commissioner in
accordance with Minnesota Rules Chapter 8820.1500 Subp. 3 .
At regular monthly intervals after contractors shall
have started work under contracts let by the Commissioner as agent
for the City for the construction of said projects, the engineer
assigned to and in charge of said work shall prepare partial
estimates in accordance with the terms of said contracts let for
said projects and the procedures established by the Office of
Contract Administration and Maintenance, Minnesota Department of
Transportation. The said engineer in charge of said work shall
immediately after preparing each partial estimate, transmit the
same to the Commissioner in duplicate. Each such partial
estimate, shall be certified by the engineer in charge and by the
contractor performing such work. The said engineer assigned to
and in charge of said work shall also prepare and submit to the
Commissioner the final estimate data, together with the required
project records in accordance with the terms of said contracts let
for said projects. Quantities listed on said partial and final
Page No. 7
estimates shall be documented in accordance with the guidelines
set forth in the applicable documentation manual. After the
approved final estimate has been submitted to the Commissioner ,
the City will pay to the Commissioner any additional amount which
together with the federal funds received for that project will be
sufficient to pay all the contract costs of the project
- 4 -
When the contractor shall have completed the work on
said projects, the City agrees to inspect the same and forthwith
upon the completion of said inspection advise the Commissioner
whether or not the work performed should be, by the Commissioner
as its agent, accepted as being performed in a satisfactory
manner . In the event the City should, after said inspection,
recommend to the Commissioner that he should not accept said work,
then the City shall at the time such recommendation is made
specify in particularity the defects in said work and the reasons
why the work should not be accepted. It is further agreed that
any recommendations made by the City are not binding on the
Commissioner but that he shall have the right to determine whether
or not the work has been acceptably performed and to accept or
reject the work performed under any said contract.
- 5 -
It is further agreed that the decision of the
Commissioner on the several matters herein set forth shall be
final , binding and conclusive on the parties hereto.
Page No. 8
6 -
It is anticipated that the entire cost of said projects
is to be paid from funds made available by the United States, by
way of federal aid, and by the City. If for any reason the United
States fails to pay any part of the cost or expense of said
projects, then and in that event the City agrees to pay the same.
The City further agrees to pay any and all lawful claims or
demands of any kind or nature whatsoever arising out of or
incidental to the performance of the work under any contract let
for said projects in the event that the United States does not pay
the same, and in all events, agrees to save the State of Minnesota
and the Commissioner harmless from said claims and from any claims
arising out of this agreement and to pay any and all expenses and
costs connected with said projects or the construction thereof
which the United States does not pay.
- 7 -
The City further agrees that:
1 ) All right-of-way acquisition and relocation will be
conducted in accordance with 49 CFR Part 25. Procedures
implementing their regulation are contained in Mn/DOT State Aid
Manual, Chapter 5-892. 310 . (Additional guidance may be obtained
by referring to the FHWA ' s Real Estate Acquisition Guide for Local
Public Agencies ) .
2 ) If the City receives total direct and indirect
federal assistance of:
Page No. 9
A. $100,000 or more per year , the City agrees to
obtain a financial and compliance audit made in accordance with
the Single Audit Act of 1984 (P.L. 98-502 ) and Office of
Management and Budget (OMB ) Circular A-128 . The law and circular
provide that the audit shall cover the entire operations of the
City government or , at the option of the City government, it may
cover departments, agencies or establishments that received,
expended, or otherwise administered federal financial assistance
during the year . However , if the City government receives $25,000
or more in General Revenue Sharing Funds in a fiscal year , it
shall have an audit of its entire operations.
B. Between $25 ,000 and $100 ,000 per year , the
City agrees to obtain either :
1 . a financial and compliance audit made in
accordance with the Single Audit Act of 1984 and OMB Circular
A-128 , or
2. a financial and compliance audit of all
federal funds. The audit must determine whether the subrecipient
spent federal assistance funds in accordance with applicable laws
and regulations and the audit must be made in accordance with any
federal laws and regulations governing the federal programs the
` subrecipient participates in.
Audits shall be made annually unless the state or
local government has, by January 1 ,1987 a constitutional or
statutory requirement for less frequent audits. For those
governments, the cognizant agency shall permit biennial audits,
Page No. 10
covering both years, if the government so requests. It shall also
honor requests for biennial audits by governments that have an
administrative policy calling for audits less frequent than
annual, but only for fiscal years beginning before
January 1 , 1987 .
The audit shall be made by an independent auditor.
An independent auditor is a state or local government auditor or a
public accountant who meets the independence standards specified
in the General Accounting Office ' s Standards for Audit of
Governmental Organizations , Programs , Activities , and Functions .
The audit report shall state that the audit was
performed in accordance with the provisions of OMB Circular A-128
(or A-110 as applicable ) .
The audit report shall include:
A. The auditor ' s report on financial statements
and on a schedule of federal assistance; the financial statements;
and a schedule of federal assistance, showing the total
expenditures for each federal assistance program as identified in
the Catalog of Federal Domestic Assistance. Federal programs or
grants that have not been assigned a catalog number shall be
identified under the caption "other federal assistance" .
B. The auditor 's report on the study and
evaluation of internal control systems must identify the
organization ' s significant internal accounting controls , and those
controls 3esigned to provide reasonable assurance that federal
programs are being managed in compliance with laws and
Page No. 11
regulations. It must also identify the controls that were
evaluated, the controls that were not evaluated, and the material
weaknesses identified as a result of the evaluation.
C. The auditor ' s report on compliance containing :
1 . a statement of positive assurance with
respect to those items tested for compliance, including compliance
with law and regulations pertaining to financial reports and
claims for advances and reimbursements;
2. negative assurance on those items not
tested;
3 . a summary of all instances of
noncompliance;
4 . an identification of total amounts
questioned, if any, for each federal assistance awarded, as a
result of noncompliance; and
5 . a statement on the status of corrective
action taken on prior findings.
6 . refer to the use of the standards
required by the Minnesota Legal Compliance Audit Guide for Local
Governments, prepared by the Office of the State Auditor. The
purpose of this guide is to establish compliance guidelines for
verification by auditors auditing political subdivisions of the
state.
In addition to the audit report, the recipient
shall provide comments on the findings and recommendations in the
report, including a plan for corrective action taken or planned
Page No. 12
and comments on the status of corrective action taken on prior
findings. If corrective action is not necessary, a statement
describing the reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative
Auditor, and any independent auditor designated by the grantor
shall have such access to grantee 's records and financial
statements as may be necessary for the grantor to comply with the
Single Audit Act and OMB Circular A-128.
Required audit reports must be filed with the
Office of the State Auditor, Single Audit Division and state
agencies providing federal assistance, within six months of the
City's fiscal year end. If a federal cognizant audit agency has
been assigned for the City, copies of required audit reports will
be filed with that agency also.
Recipients of more than $100 , 000 in federal
assistance must also submit one copy of the audit report within 30
days after issuance to the central clearinghouse. Audit reports
should be sent to:
Bureau of Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
Page No. 13
8 -
All references to statutes and rules shall be
construed to refer to the statutes and rules as they may be
amended from year to year .
- 9 -
The Commissioner accepts this said appointment as
agent of the City and agrees to act in accordance herewith.
Page No. 14
CITY OF RECOMMENDED FOR APPROVAL
BY
Mayor Director , Office of State Aid
Attest: Date
City Clerk
Date
APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA
BY
Commissioner of Transportation
DATE DATE
(Seal) (Submit in Duplicate)
Page No. 15
MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM NO. III
Be it resolved that pursuant to Section 161. 36 ,
Subdivision 1 through 6, Minnesota Statutes, the Commissioner of
Transportation be appointed as agent of the City of
to let as its agent, contracts for the construction of local roads
and bridges, and the Mayor and the clerk are hereby authorized and
directed for and on behalf of the City to execute and enter into a
contract with the Commisioner of Transportation prescribing the
terms and conditions of such contracts in the form as set forth
and contained in "Minnesota Department of Transportation Agency
Agreement" a copy of which said agreement was before the Council,
assuming on behalf of the City all of the obligations therein
contained.
(SEAL)
( Submit in duplicate )
Note: Attach certification by City Clerk with each copy of resolution
Page No. 16
C�
2 ' A
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Calendar Parking Enforcement Position
DATE: December 30 , 1986
INTRODUCTION
Council on December 16 , 1986 , requested alternative as to the
enforcement of calendar parking so that patrol officers time
could be better utilized.
BACKGROUND
From November 15 to April 1 , calendar parking is enforced
nightly, from midnight to 8 : 00 a.m. Historically the officers
have been able to cover about half the city per night, resulting
in approximately 1 , 000 citations being issued annually. The
revenue from this activity is approximately 10 , 000 dollars .
ALTERNATIVES
1 . Hire a person to enforce calendar parking at a rate of
$6 . 00 per hour, five hours per night, five nights per week
for nineteen weeks .
2 . Use a city employee to enforce calendar parking. Fair Labor
Standards Act requires the payment of overtime unless this
duty is included in the employes regular work schedule.
3 . Continue to have patrol officers enforce calendar parking.
RECOMMENDATION
Alternative one, using 1987 Police Department funding and amend
the budget at a later date if necessary.
COUNCIL ACTION REQUESTED
Direct staff to hire a seasonal part time person to enforce
the calendar parking regulations at a cost of $3 ,000 .
Memo To: John K. Anderson, City Administrator
From: Marilyn M. Remer, Personnel Coordinator
Re: Comparable Worth Appeals and Reclassification Requests
Date: December 31, 1986
Information
Employees were notified by staff of a number of circumstances under which
employees could file comparable worth implementation appeals by December 31,
1986.
Background
Several appeals/objections have been received. Some clearly fit the appeals
procedure as established. Others will have to be reviewed and a determination
made as to the validity of the objection. The purpose of this memo to to make
Council aware of the appeals received todate.
The following employees have filed notices of comparable worth appeals:
Steve Hurley
John DeLacey
LeRoy Houser
Gene Jeurissen
Joe Honermann
Parkkeepers - Wally Lureen, Michael Hullander & Glenn Heyda
Police Sergeants
In addition requests for reclassification have been received from Ray Ruuska
and Steve Hurley. Reclassifications had been put on hold pending the results
of the comparable worth study, therefore these requests are a result of the
comparable worth implementation plan. Past practice has been to review
reclassification requests prior to budget time.
Action Requested
1. Request Council accept all Comparable Worth Appeals/objections.
2. Authorize staff to process the appeals and reclassifications.
Appeal/Review Procedure For Comparable Worth Implementation of Pay Plan
December 11, 1986
Appeals under paragraph A or B below must be filed by December 31, 1986.
Appeals must be filed with Personnel who will initiate the review process.
A. Those employees whose points are based on a composite Time Spent Profile
(i.e. Police Officer, Sergeant, LEO, HEO and Parkkeeper) may appeal based on
the premise that their individual TSP and job does not fit the composite and
their job is significantly different to be classified differently.
1. The individuals orginal TSP will be reviewed by the employee for
accuracy.
2. The Supervisor will review the TSP and make a recommendation to the
City Administrator.
3. Personnel and the City Administrator will review the TSP and
determine whether to reprocess the TSP or to keep the current
classification.
B. Employees not in the above category who have not revised their orginal TSP
will be reviewed in accordance with the above steps if an error or potential
error can be substantiated.
C. A new employee may appeal on the basis that the lob changed when they were
hired or 'it is a new position and the classification assigned to them is not
accurate.
D. Those employees who have revised their original TSP, and did not appeal the
final points in accordance with the comparable Worth Appeal Procedure of
December 1985, may not appeal their TSP unless they can substantiate in writing
signficant changes in their job since the revision.
MEMO TO: John K. Anderson, City Administrator
FROM: Stephen Hurley, Engineering Tech UUMIS
RE: Comparable Worth Appeal
DATE: 12/25/B6
TNTRODUCTION FACKSRDUND:
A review of the positions used in calculating the MIS
Portion of my position has revealed that one city, St. Louis
park, was not included in calculating the mean.
_ . The MIS position of St. Louis Park has been in existence
longer than the position at Coon Rapids and in fact the job
- description at Coon Rapids was written using the description
from St. Louis Park.
_I feel it is only fair to include the salary range from St.
Louis Park in calculating the average range since a city MIS
position is by definition more comparable to another city MIS
position than either a County or LOSIS position.
REMU=STED ACTION:
_ Racal cul ate the salary range f or. the Tech I I I/MIS position by
including the salary range from the St. Louis Park; MIS
position with the other ranges used in calculating the mean.
MEMO TO: John K. Anderson, City Administrator
n
FROM: John H. DeLacey , Engineering Tech III d� r
SUBJECT: Reclassification of my Engineering Technician Position
DATE: December 11 , 1986
INTRODUCTION:
I was originally hired by the City of Shakopee, May 5 , 1986 , as
an Engineering Technician III. Through the comparable worth
study ( TSP ) this position has now been reclassified to an
Engineering Technician II level.
BACKGROUND:
I have attached a copy of a memo from Ken Ashfeld to John
Anderson: recommending to the City Council to hire myself as an
Engineering Technician III. Ken points out that I meet all the
requirements of the Tech III position. In reading the Stanton
Survey, regarding the description of a Tech III, I also feel that
I meet the requirements for this position- and in some areas
exceed them. I would also point out that City Council did
approve termination of my probationary status as an Engineering
Tech .Ill. I am aware that the person whose position I filled did
fill out the time spent profile and that this is the basis for my
reclassification . It has also been pointed out that this
person' s primary duties were as an inspector. In my interview &
with subsecuent conversations with Ken Ashfeld I believe that my
duties in the Engineering Department are intended to be more
diversified. It was also suggested that I should fill out the
T.S. P. and I agree, however at this present time I do not believe
that it would show a true reflection of my duties due to my short
time so far here with the City. In summarizing I believe that it-
would
twould be in error to reclassify my position as there is no
sufficient data to justify it at this time.
RECOMMENDATION:
Leave John DeLacey ' s job classification at Engineering Technician
IL
REQUESTED .ACTION:
Move to leave John DeLacey ' s job classification at Engineering
Technician III.
J.HD/pmD
CLQAf,S1.^1''.STT0N
Memo To: Marilyn Remer-Personnel
From: John DeLace y-� gEn . Tech. � f
Subject: Appeal of Reclascif:ication Stntu
Date: December 11 , 193L
I received the memo acknowledging my request for
reclassification. One minor point I would like to make is, I
am appealing my reclassification from Tech III to Tech II .
At this time I believe I do not need to seely:
reclassification.
MEMO TO: John K. Anderson, City Administrator
City Council
FROM: LeRoy Houser, Building Official //f
RE: Comp. Worth Rating (^ /�
DATE: December 23, 1986
Please be advised, I have employed an attorney to inv stigate
and possibly challenge the comp. worth rating assigned me.
He will, in all probability, be contacting finance after the
first of the year for full disclosure. He is also surveying
all comparable cities ratings of the building officials and
getting job performance requirements of the other building
officials .
LH:cah
?' 0I 101; STUD`'
' APPLICh±10tj FOR APPEAL t:E01.1%p
DI,TE: December 16, 1986 EMPLOYEE JURISDICT10tl City of Shakopee
Name, address and phone number of contact person for appellants:
John Anderson, City Administrator.
129 East First Ave.
Shakopee, - MN. 66379 445-3650
List individuals and positions represented by appeal :
Eugene Jeurissen, City Mechanic
Specific nature of the appeal (attach extra sheets if necessary).:
Position/job value of City Mechanic is considered to be too low in perspective
of the City Mechanic 's value and worth to the City operations. The skill and
expertise is not reflected in the comparative survey & worth.
SDecific corre:tive action reques,.et:
Raise Job Values
}lame, address and phone number of EmDiover con—,a:--:
Marilyn M. Remer, Personnel Coordinator
City Df, Shakopee
129 East First Ave.
Shakopee, MN. 55379 __
December 18, 1986
To: Personnel who initiated Review Process: \
I, Joe Itonermann, here-by wish to appeal the Comparable Worth Implement III ion of Pay
Plan, based on the following: That the individual TSP and job does not fit the composite
and that the job is significantly different to be classified. differently.
Also, I wish to appeal placement of TSP down grading through two bench marks.
Joe Ilonermann
Public Works Egnipmont nporator
i
{
l�
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
MEMO TO: SHAKOPEE CITY COUNCIL
FROM: PARKKEEPERS-PUBLIC WORKS DEPT.
SUBJECT: COMPARABLE WORTH INEQUITIES
DATE: DEC. 31, 1986
WE, THE UNDERSIGNED, APPEAL THE COMPARABLE WORTH STUDY
AND ITS INTERPRETATION BY THE CITY COUNCIL ON THE BASIS THAT THE
TSP'S AND QUESTIONAIRE FORM DID NOT ENTIRELY REPRESENT OUR
ACTUAL WORKLOAD AND THE DUTIES THAT WE PERFORM FOR THE CITY
OF SHAKOPEE.
WALLACE LUREEN
�i�c2��c/ fiJ �✓�
MICHAEL HULLANDER
GLENN HEYDA
V
To: ymycr, Councilmembers
Date: December 15, 1986
From: Police Department Sergeants
Re: Objection to use of Comparable Worth to set 1987
Salaries
On December 159 1986 Sgt. Dennis Anderson of the Shakopee
Police Department contacted the State of Minnesota-,
Department of Employee RhlStionsudy inndetermining salariesf an attempt to fo he
use of a Comparable with avi
the Police SergeaworthnCooBrdi attor fo ethe nStei
nts ateofMinnesota
Lutz, Comparable
Department of Employee Relations. Below are the results of
that conversation.
What was the intent of the COmpara ble Worth Act and was
it intended for use as a means to devalue job
classifications?
A. The sale uurpOse of the Comparable Worth Act was to
addrex ased pay discrmon.
ess sbiinatiTraditionally in
the area Of clerical Staff and in areas of male dominated
lassifications in which eoual pay
Or female laminated c
for eoual work was at issue.
y a-
f the Compwithin the
Comparable Wcrth Act to be
7;as it ever the i n men
used as a tool ;.a resprucpure pay scales w
particular political zubdivi.sions curren� salary
S=ucture?
A T,e_in:tely ^.ut. It was desicned for the 'JL'pose cf
b,rinSinS Solar i e s Of Unaernaid e=-pl=y^co 4n�0 line w'_Zh
salaries of other e:..plovees witr:in the classi-,"i caticn
ll leve"�s and
,doing the same wD with the same
knowledze.
Cc _ een mpler�er.-ed at the Stcte -evel
C.nd _f SO r:D:: w3S the �•
yns_ len received?
A. Yes has and it was received very well. There have
been, no objections --0 -::e i_plementac ion.
4=
Did L%e -j�at2 r_s tr uG pure SaL• r122 t0 aG�ic Ja =��
ca-ic=s where _ Iecu ties
A. e � on' is these classi i _ � -
Ts, �u,. -y
existed. mese were i�� �it�y clerical pesi . lGns.
I called a represe:�tative cf the City cf Shskcpee on
an attempt to get
+n�prr::atiGn Dn le V2 _
information we, the Sergeants of the
Based on the foregoing object to any 1987 pay and
Shakopee police Depar�Inen. ,
benefit proposal based oplohees°ofthe
alCityr f Shakopee th study afor
as
been presented to the em. y
the following reasons:
y of Shakopee is using the Comua.rable Worth
1) That the Cit
stud as a means to devalue certain DDsitions within
ture
nd in
the city of ShakoCeeeD�Da�3'mentscsworn apersonnel.
ticu�ar
those of the poli
2) That the City of Shakopee is using the exult of the
whichthe
Comparable Worth Study for purposes in
rth Act was not intended.
Comparable Wo
3) In as much as the City of Shakopee is attempting
to
become the first City to imnlement Comparable Worth,
r determining if the salary
there is no y structure
T y.
is comparableato that of any other cit
A ) The City of Shakopee hasnotpxDlanationhofeColpa-ablef
the City with a sati, the . y e - Worth Study Dr
Worth, the results of the Comparable uolnt base
information used to determine Job value/,
- ✓rod a Va or any other asveVt Dl this study.
X11
3
V � � � � � + tion
were derived, Vand was told ,,ha, ..his informa
would not be unaerstood by a person of average
intelligence. Do you agree that this is true?
A No. If the development of a system to be used, the
information used to initialize the program and the
results are too complicated or too co=plex to be
explained and understood by the average person, then the
program itself is cuestionable. To get cooperation in
any endeavor requires the total and complete
understanding by those affected.
The State of Minnesota spent approximately 550, 000 to
complete the study and implement the program to the
satisfaction of its 35, 000 employees. The Metropolitan
Area Managers Association (MAMA) group, of which Shakopee
is a member, spent considerably more money for their
study than did the State and have considerably less
employees.
0. The City of Shakopee is trying to become the first city
in the metropolitan area to imn_ lzment the program. How
does one compare their urogram to another City if no one
else has i=Plemented the program?
A. You do not compare programs between one city
and another.
You only compare classifications within the program with
the classifications of another program. :.ow this is done
is by m..rket evaluation. The min point that should be
the SGC :S Of C. ^era bil-ty is " is our —ay s-ruc uL
cumu_ arable to a city of the same size, with approximately
the same number c± EMP10vees, emDlOyee classifications
and environment that we could rect appll�atiCns fOr
eyploymeny and recsive =pplicatiCns from e^plGyees c
- _ ?"
those cities based on. ccmuarable pay
Historically, how do police Departments rate as far as
Q. -
ccmparable worth?
" PG_ice Departure=+tomUsually do not have a problem b caL1se
cf t'--e
cG:l=_ acts. Any sworn pe_ sGnnel a__ sd by a
ur _
7)0-licetlepZrtu+eu- Ccmes under tae -uL:rviEw
G_^e i
agreement and 4Ls given ea_ual status, ecual pay and
f -
bens - - is a :.rale fertile emaloyee•
Q. rased uuCn OL'r dis U=-Sion d0 we ._ave a bas4s fCr
Objection to im-.)Iemen-ation Of: CO:�=cable Nota?
A. If you :eel that the City is usi::g the-
he Cud sc' Cf
�O�para�le WCr-'h tC devalue your resent salary, you ❑r
anyone of the a=plGyees do nGt unzerstand -he Co=arsble
worth r2Ju1-c ^.d . ....:G- be _iven an =::?1..na-ion Cf -he
-program that pan b: u ed by ever;c-,e , -hen -yes, i
would say you have valid -,rounds for objection.
0
HERO TO: John F:. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: Position Reclassification
DATE: December 12, 1986
INTRODUCTION:
I request reclassification of my position from Engineering
Technician IV to Assistant City Engineer, beginning January 1 ,
1987.
BACKGROUND:
During my nearly eight-year tenure with the City of Shakopee, I
have been paid as a Technician IV. My position description has
always been "Engineering Coordinator/Assistant City Engineer",
(See Attachment V1 ) .
My job duties are better compared to Job No. 18 of the Stanton
Salary Survey ( See Attachment V2) . Therefore , because the
Comparable Worth Study has no benchmark for my position, I would
request that the formula used to compltte my salary (51p T.S. P.
and �9p Stanton) incorporate the mean salary of Stanton Job No.
18 for the �49p portion of my salary.
ACTION REQUESTED:
Council authorization to reclassify my position and pay rate
using the above formula.
RR/pmp
POSITION
-fes
MEMO TO: John K. Anderson, City Administrator
FROM: Stephen Hurley, Eng. Tech. III/MIS
SUBJECT: Position Reclassification
DATE: December 24 , 1986
INTRODUCTION & BACKGROUND:
As of October 1986 I completed my seventh year with the City of
Shakopee in the Engineering Technician III position.
The Engineering Technician IV position requires only 6 years of
practical experience and a two-year technical school diploma.
Since my experience and education exceed those requirements I am
hereby making a formal request for position reclassification to
Engineering Technician IV.
A proved for Submittal
Ken Ashfeld, City Engineer
SH/pmp
Memo To: John K. Anderson, City Administrator J�
From: Marilyn M. Remer, Personnel Coordinator /
Re: Clarification of Service Credit for Assistant Bldg. Inspector
Date: December 30, 1986
Information
Effective March 26, 1986 Fulton Schleisman was appointed Assistant Building
Inspector filling the position vacated by LeRoy Heitz. At that time
Fulton's pay scale was $26,220/yr. , Step 4 of the 1986 Technician Pay Plan
for Eng. Tech III, his previous position with the City. The position was
authorized at that same pay scale with no direction as to future pay plans.
Background
With the implementation of the 1987 Pay Plan, it is now necessary to
officially establish the pay steps for an Assistant Inspector according to
the Stanton Survey classifications consistent with the other City employees
on the 1987 Pay Plan.
Fulton, LeRoy Houser, John Anderson, Gregg Voxland, and I did meet to
discuss Fulton's previous experience, knowledge and skills in order to
determine how much service credit should be given for his past experience
and employment with the City.
Recommendation
Based on the following qualifications, it was the consensus of staff that
Fulton be given two years service credit.
1. Parttime inspection for building department while an
Engineering Tech III.
2. General inspection experience; specifically the good rapport he
has in dealing with contractors.
3. Contingent on successfully becoming licensed by January 31,
1987. Fulton is taking test to receive Class II license, which
allows inspection of commerical and industrial buildings in
addition to residential. 70% of inspectors in state only have
a Class I license.
With the two years service credit and a year of actual service, Fulton will
move to Step 4 of the Assistant Bldg. Inspector classification on the 1987
Pay Plan (attached) on March 26, 1987.
Action Requested
Request Council approve two years service credit for Fulton Schleisman for
his prior appointment as Assistant Bldg. Inspector.
1986 CITY OF SHAKOPEE CHECK REGISTER 01-06-87 PAGE 1
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE
f
�2 36401S 12/30/86 11 .02 AMI PROD INC EQUIP MAINT 01-4232-426-42 15056
11 .02 s
***»**
*o*-CKS
a
364036 12/30/86 12.15 JOHN K. ANDERSON -� - TRAVEL S SUBSIST 01-4330-121-12
a 12.15 s
0
10 - *tssi*----- - ----._. _.. ..-------._---- - ._.._. .._ *ss-CKS
11
12 364067 12/30/86 _ 6,073.76 ROY N. BAKER PROF SERV 01-4310-331-33
1] 6,073.76 s
16
10 ****»* ***-CKS
16
17 364073 12/30/86 125.00 BOY SCOUT TR #218 PROF SERV 01-4310-178-17
a 125.00 s
***-CKS
�21
92 364682'- 12/30/86 60.00 CAPE8IUS AGENCY INSURANCE01-4360-331-33
2-) 364082 12/30/86 60.00 CAPESIUS AGENCY INSURANCE 01-4360-411-41
24 120.00 s
*s**** ***-CKS
364102 - -12/30/86 J 58.25 COPY EQUIP. INC. SUPPLIES-- - 01-4210-411-41 145637
58.25 s
364103 12/30/86 60.00 — CONTROL DATA INC -PROF 'SERV 01-4310-911-91
�1 60.00 »
»s►sss - - - s*s-CKS
_r
364111 12/30/86 63.17 CARLSON TRACTOR EQUIP MAINT 01-4232-631-62 85005
63.17
s**-CKS
364134 12/30/86 213.05 EARL F.DRESSEN EQUIP MAINT 01-4232-631-62 3019
213.05 s
»*»*ss ***-CKS
364154 12/30/86 271 .29— ELVIN SAFETY SUPPLY EQUIP MAINT- 01-4232-321-32
271 .29
... ....._._ _
*sssss ***-CKS
364172 12/30/86 1,883.00 �-FLEXIBLE PIPE _TOOL EQUIP MAINT 71-4232-714-71
1 ,883.00
s _ ---_ __
i _
_a
sss*»» s**-CKS
as 364185 12/30/86 199.80 GOPHER STATE TRUCK EQUIP MAINT 01-4232-321-32 73711
1986 CITY OF SHAKOPEE CHECK REGISTER 01-06-87 PAGE 2
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. A P.O. A MESSAGE
199.80 ;
' ****** *r*-CKS
364191 12/30/86 1 ,350.00 GOV TRAINING SERV PROF SERV O1-4310-911-91 3590
1,350.00
* _._...-.._...
****** ***-CKS
364224 12/30/86 1 ,350.00 HENNEPIN TECH CNTR PROF SERV 01-4310-911-91 3590
364224 12/30/86 1 ,350.00- HENNEPIN TECH CNTR PROF SERV01-4310-911-91 3590
364224 12/30/86 67.00 HENNEPIN TECH CNTR _ CONF 6 SCHOOL "_ - 01-4390-321-32 10380
67.00
****** ***-CKS
364237 12/30/86 223.65 INDUSTRIAL DOOR BLDG MAINT 01-4230-311-31 60086
-
223.65 * _ _
****** ***-CKS
364273 12/30/86 43.73 DENNIS KRAFT TRAVEL 6 SUBSIST 01-4330-171-17
43.73
****** ***-CKS
364285 12/30/86 54.20 L & L AIR INC EQUIP MAINT 01-4232-181-18 110547
364285 12/30/86 79.84 L & L AIR INC EQUIP MAINT 01-4232-182-18 110547
364285 12/30/86 21 .23 L R L AIR INC EQUIP MAINT 01-4232-311-31 110547
155.27
****** ***-CKS
364297 12/30/86 1,146.46 LOGIS RENTS 01-4380-152-15 118624
364297 12/30/86 284.21 LOGIS RENTS01-4380-153-15 118624
364297 12/30/86 151 .66 LOGIS -- - - -- RENTS ---- - 01-4380-154-15 118624
364297 12/30/86 42.80 LOGIS RENTS 73-4380-731-73 118624
1,625. 13 *
****** ***-CKS
364308 12/30/86 306.77 MEM AD CO PROMOTIONS 14-4319-142-14
364308 12/30/86 684.60 MEM AD CO PROMOTIONS 14-4319-143-14
991 .37 *
****** ***-CKS
364347 12/30/86 12.50 MOR-TEL-CO EQUIP MAINT '-- - T O1-4232-131-13
364347 12/30/86 12.50 MOR-TEL-CO EQUIP MAINT 01-4232-151-15
364347 12/30/86 55.00 MOR-TEL-CO EQUIP MAINT 01-4232-311-31
364347 12/30/86 409.85 MOR-TEL-00 TELEPHONE 01-4321-421-42
489.85
000-CKS
364366 12/30/86 38.40 MANPOWER INC PROF SERV 01-4310-121-12
1986 CITY OF SHAKOPEE CHECK REGISTER 01-06-87 PAGE 3
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. Y MESSAGE
364366 12/30/86 38.40 MANPOWER INC PROF SERV 01-4310-131-13
76.80 •
**t*** ***-CKS
364395 12/30/86 180.9A ��— NSP UTILITIES 01-4370-427-42
180.98 +
*s***r ***—CKS
364412 12/30/86 352.60 ORR—SCH—MAYR & AS PROF SERV 62-4310-537-41
364412 12/30/86 2,586.93 ORR—SCH—MAYR S AS PROF SERV 73-4310-521-41
2,939.53
***-CKS
364429 12/30/86 390.00 HAROLD PASS SUPPLIES 01-4210-656-65
364429 12/30/86 15.75 HAROLD PASS TRAVEL d SUBSIST 01-4330-421-42
364429 12/30/86 150.00 HAROLD PASS RENTS 01-4380-622-62
364429 12/30/86 30.00 HAROLD PASS RENTS 71-4380-713-71
585.75 +
ttr*t* ***-CKS
364459 12/30/86 241 .17 REDFIELD ELECTRIC BLDG MAINT 01-4230-441-44 1218
364459 12/30/86 248.36 REDFIELD ELECTRIC EQUIP MAINT 01-4232-321-32 1207
489.53 _
s*t*tr ***-CKS
364516 12/30/86 51 .00 SPRINGSTED INC PROF SERV 58-4310-000-00
51 .00 •
*t***r ***-CKS
364520 12/30/86 35.00 STARKS CLEANING BLDG MAINT 01-4230-181-18
364520 12/30/86 19.00 STARKS CLEANING BLDG MAINT 01-4230-182-18
364520 12/30/86 9.50 STARKS CLEANING BLDG MAINT 01-4230-184-18
364520 12/30/86 18.30 STARKS CLEANING BLDG MAINT 01-4230-321-32
81 .80 +
***-CKS
364528 12/30/86 40.00 STATEWIDE AUTO EQUIP MAINT 01-4232-121-12 57429
40.00 w
sts*tr ***-CKS
364533 12/30/86 20.29 BARRY STOCK PROMOTIONS 14-4319-142-14
364533 12/30/86 3.00 BARRY STOCK TRAVEL & SUBSIST 14-4330-143-14
364533 12/30/86 35. 00 BARRY STOCK CONF 3 SCHOOLS 14-4390-142-14
58.29 *
--
. � *rr—CKS
364545 12/30/86 155.05 SNAP—ON TOOLS CORP SUPPLIES 01-4210-441-44
1986 CITY OF SHAKOPEE CHECK, REGISTER 01-06-87 PAGE 4
f CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE
155.05
***-CKS
364580 12/30/86 3.48 UNITOG RENTAL SERV BLDG MAINT -� 01-4230-181-18
364580 12/30/86 3.48 UNITOG RENTAL SERV__'__ BLDG MAINT 01-4230-182-18
i364S80 12/30/86 26.08 UNITOG RENTAL SERV BLDG MAINT 01-4230-311-31
364580 12/30/86 27.48 UNITOC RENTAL SERV BLDG MAINT 01-4230-421-42
60.52
«+»»»» ***-CKS
364590 12/30/86 10.50 VALLEY GLASS INC SUPPLIES 14-4210-143-14 1255
10.50
***-CKS
364600 12/30/86 5.88 GREGG VOXLAND TRAVEL & SUBSIST 01-4330-151-15
5.88 *
***-CKS
3G4606 12/30/86 2,975.92 VAN POOL SERV INC UTILITIES 14-4370-143-14
2,975.92 *
**»»»« ***-CKS
364629 12/30/86 1,585.09 WESTWOOD PLAN. INC. PROF SERV 26-4310-559-41 5761
1,585.09
«*««*« ***-CKS
3G465G 12/30/86 33. 00 ZIEGLER TIRE EQUIP MAINT 01-4232-426-42 99093
33. 00 *
««*»«« ***-CKS
364800 12/30/86 5. 17 PETER ANDREN REFUSE DISPOSAL 01-3650-000-00
5. 17 *
364801 12/30/86 48.50 ASHTON-TATE SUPPLIES 01-4210-311-31
48.50 *
364802 12/30/86 60.00 DR LM CAMPBELL LTD PROF SERV 01-4310-3.11-_31
60.00 *
364803 12/30/86 252.00 CONSOLIDATED CON COR SURFACE MAT 01-4215-622-62
252.00 *
364804 12/30/86 160.70HILLYARD FLOOR CARE BLDG MAINT 01-4230-321-32 21681
160.70 * _..__.._ . .. . ..__ ..... . _ _. ..
364805 12/30/86 5. 17 NANCY HALLETT REFUSE DISPOSAL 01-3650-000-00
5. 17 » _
364806 12/30/86 60.80 STEPHEN HURLEY TRAVEL 6 SUBSIST 01-4330-404-41
1986 CITY OF SHAKOPEE CHECK REGISTER 01-06-87 PACE 5
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. N P.O. N MESSAGE
I} 60.80 +
364807 12/30/86 --� T00 00 MN POLICE PROFSERV01-4310-312-31
700.00 *
364808 12/30/86 208.00 - NEENAH FOUNDRY CO UTIL SYS MAINT 73-4234-732-73
208.00 *
�j
364809 12/30/66 30.00 NEW FRONTIER PRODS PROF SERV 26-4310-197-19
" 30.00 «
364810 12/30/86 622.97 RIES HEATING - --BLD6 -MAI NT 01-4230-321-32
622.97 *
364811 12/30/86 125.00 ^SHAKOPEE AREA PROF-SERV 01-4310-178-17
125.00 *
364812 12/30/86 125.00 -. SHAKOPEE CUB SCOUTS PROF SERV 01-4310-178-17
125.00 *
364813 12/30/86 25.-00 SHAKOPEE BASKETBALL PROMOTIONS 14-4319-142-14
25.00
364814 12/30/86 13.02 TERI VAN CLEVE TRAVEL R SUBSIST 01-4330-311-31
13.02
364815 12/30/86 3.99 CROWN AUTO SUPPLIES 01-4210-312-31 61191
3.99
•*«**« ***-CKS
14,980.95 FUND 01 TOTAL GENERAL FUND
4,061 .08 FUND 14 TOTAL TRANSIT
1 ,615.09 FUND 26 TOTAL DOWNTOWN REDEVELOPMENT
51 .00 FUND 58 TOTAL 81-A IMPROVEMENTS
352.60 FUND 62 TOTAL 1986 IMPROVEMENT
1 ,913.00 FUND 71 TOTAL SEWER FUND
2,837.73 FUND 73 TOTAL STORM DRAINAGE UTILITY
25,811 .45 TOTAL
I
I
Month December Page 3 ACCOUNTS PAYABLE LEDGER 1986
Debit Acct. Cr. Acct. Amount Batch Remarks Ck. No. Vendor Ck. Amt.
81.4925.000.00 81.1010 $ 9,059.13 Remit Health & Life 22458 Principal Mut $ 9,059.13
01.4370.427.42 01.1010 138.41 Utilities 22459 MN Val Elec
01.4370.351.35 01.1010 72.18 if 22459 of 210.59
01.4391.331.33 01.1010 10.00 Dues & Subscript 22460 Dept. of Comm 10.00
01.4391.411.41 01.1010 10.00 It22461 it10.00
01.11321.121.12 01.1010 4.99 Telephone 22462 AT & T
01.4321.411.41 01.1010 .82 " 22462 "
01.4321.131.13 01.1010 2.59 " 22462 "
14.4321.142.14 01.1010 1.89 " 22462 "
01.4321.311.31 01.1010 42.02 " 22462 "
01.4321.321.32 01.1010 9.50 " 22462 "
01.4321.421.42 01.1010 .82 " 22462 "
01.389o.000.00 01.1010 4.36 " 22462 " 66.99
01.4991.911.91 01.1010 5,000.00 Contingency 22463 Scott Cty Hist So 5,000.00
01.3512.000.00 01.1010 6.00 Assessment Search 22464 North Star Title 6.0o
81.4927.000.00 81.1010 100.00 Remit Defer Comp 22465 IDS 100.00
81.4927.000.00 81.1010 2,670.00 Remit Defer Comp 22466 PEBSCO 2,670.00
81.4831.000.00 81.1010 1,150.00 Remit Payroll Sav 22467 lst Natl -Shako 1,150.00
01.4991.911.91 01.1010 2,788.50 Contingency 22468 F.F. Jedlicki 2,788.50
01.4100.621.62 01.1010 120.61 Salaries FT 22469 Michael Hullander 120.61
81.4928.000.00 81.1010 33.96 Remit Medicare 22470 D.O.E.R.S.S 33.96
81.4922.000.00 81.1010 5,508.94 Remit FICA 22471 115,5o8.94
81.4921.000.00 81.1010 3,925.29 Remit SIT 22472 Comm of Revenue 3,925.29
81.4920.000.00 81.1010 9,210.48 Remit FIT 22473 lst Natl -Shako 9,210.48
81.4932.000.00 81.1010 154.80 Remit Uniform Rent 22474 Unitog Rental
01.4210.421.42 01.1010 10.00 Supplies 22474 it
01.4210.441.44 01.1010 12.00 of22474 01176.80
81.4923.000.00 81.1010 7,510.59 Remit Pera 22475 PERA 7,510.59
$47,557.88 7,557.88
FUND TOTALS
01 - General Fund $ 8,232.80
14 - Transit 1.89
81 - Payroll Trust 39,323.19
$47,557.88
11 1 .
Month January Page 1 ACCOUNTS PAYABLE LEDGER 1987 Batch #
Debit Acct. Cr. Acct. Amount Remarks Ck. No. Vendor Ck. Amt.
71.4390.711.71 71.1010 $150.00 Conf & Schools 22476 MN Pollution Cont $150.00
01.4390.331.33 01.1010 80.00 22477 Fulton Schleisman 80.00
ol.4390.411.41 01.1010 105.00 22478 U of MN
01.4390.312.31 01.1010 100.00 22478 205.00
$435.00 $435.00
FUND TOTALS
01 - General Fund $285.00
71 - Sewer Fund 150.00
$$x+35.00
/i
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Interfund Transfers
DATE: December 30, 1986
Introduction
Request Council approve of the following transfers. They have been made in
accordance with the budget and previous Council actions.
To the General Fund
From Revenue Sharing
Park Dept
Hydraulic Broom Long Lake Ford 3,693.00
Street Dept
Snow Plow MacQueen 5,978.00
Typewriter Office Products 995.00
Finance Dept
Computer Stearns 2,296.00
Computer Stearns 70.00
Printer Office Products 2,593.00
Engineering Dept
Truck D. Rolloff 3,840.00
Truck Deputy Registrar 35.25
Truck Malkerson 3,515.00
Truck Deputy Registrar 39.25
Police Dept
Safe Suel 1,397.45
Radar Kustom Electronics 1,898.47
Radio Motorola 1,915.29
Squads Southdale Ford 22,346.00
Squad/propane Carb & Turbo 1,515.16
Light bar Uniforms Unlimited 875.00
Automobile North Star Auto 4,930.00
Automobile Deputy Registrar 24.75
Micro Read/print House of Micro 627.47
Micro Read/print House of Micro 1,877.40
Shredder House of Micro 2,670.69
Computer sys Ameri Data 700.00
Computer sys Ameri Data 1,625.00
Computer sys Ameri Data 9,717.21
Computer sys Ameri Data 4,932.51
Printer Ameri Data 672.00
Software Ameri Data 502.06
------------
81,280.96
From Capital Equipment Fund
Civil Defense
Radio Control Electric Service 1,620.00
Fire Dept
Rescue truck Motorola 2,450.00
Rescue truck Reesner Ent. 500.00
Rescue truck Comm. Auditors 1,250.00
Rescue truck Comm. Auditors 171.90
Rescue truck Comm. Auditors 170.45
Rescue truck Deputy Registrar 5.25
Rescue truck Custom Fire 76,284.00
Rescue truck Custom Fire 79,995.00
Foam Equip. Conway 500.00
Foam Equip. Conway 66.50
Foam Equip. Conway 461.00
Foam Equip. Conway 445.00
Foam Equip. Conway 445.00
Foam Equip. Conway 445.00
Foam Equip. Conway 445.00
Hose Conway 267.00
Hose Conway 518.00
Hose Custom Fire 930.00
Hose Custom Fire 2,150.00
Building Insp.
Typewriter Office Products 1,025.00
Typewriter Office Products 204.00
Typewriter Office Products 397.00
Engineering Dept
Radio Motorola 848.61
------------
171,593.71
Action Requested.
Move to approve of the transfer of $81,280.96 from the Revenue Sharing Fund to the
General Fund and $171,593.71 from the Capital Equipment Fund to the General Fund,
in accordance with 1986 budget.
f.
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft Community Development Director tw
RE: Payment of $174. 25 to DeLoris Hoy as a part of the
purchase of the House of Hoy
DATE: December 19 , 1986
INTRODUCTION:
At the December 16, 1986 Council meeting the payment of
$174 . 25 was authorized as one of the contingency payments for the
purchase of the House of Hoy. It was later determined that this
action needed to be authorized by the Housing and Redevelopment
Authority in as much as they will be the purchasers of the House
of Hoy property.
BACKGROUND:
The Housing and Redevelopment Authority of the City of
Shakopee entered into a purchase agreement to purchase the
property at 101 - 109 East First Avenue and 111 - 113 North
Holmes Street this autumn. The purchase agreement was signed
only after a lengthy term of negotiations and an initial refusal
by the HRA for the purchase of the property. As a part of these
negotiations it was agreed that the City would pay certain
closing costs and special assessments. One of the costs incurred
by Ms. Hoy was for the payment of abstract update fees. The
amount was $174 . 25.
Subsequent to the City Councils action on December 16 , 1986
this matter was reviewed in greater detail with Ms. Hoy and she
and the Community Development Director came to the mutual
conclusion that this amount was in fact covered by the $200 . 00
which the HRA paid as closing fees for the property.
Therefore there is no need for an additional $174 . 25 to be
paid to DeLoris Hoy.
ALTERNATIVE•
1. Rescind the action of December 16 , 1986 which authorized the
drafting of a check in the amount of $174. 25 to DeLoris Hoy.
2. Do not rescind the above mentioned action.
RECOMMENDATION: 0Y(o
bac., !b,
To rescind the action of,, to issue a check to DeLoris Hoy for
$174 . 25 .
ACTION REQUESTED:
Move to rescind the issuance of a check in the amount of
$174 . 25 to DeLoris D. Hoy as partial consideration for the
purchase of the property located at 109 - 113 North Holmes Street
and 101 - 109 East First Avenue in the City of Shakopee,
Minnesota.
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox
RE: 1987 Liaison Appointments
DATE: January 2, 1987
INTRODUCTION•
The attached lists the Council liaison appointments made in 1986.
Council should consider and make appointments for 1987.
In addition a three member committee should be appointed to review
sewer back-up claims.
Resolution 2667 adopted on December 16, 1986 provides that an
employee may request a hearing before an appeal committee. The
committee shall be comprised of two Council members and the City
Attorney. The Council members names shall be drawn by lot on a
case by case basis. There is no request for the establishment of
this committee at this time.
ACTION REQUESTED:
1. Appointment of Acting Mayor for 1987 .
2. Make liaison appointments to:
Shakopee Community Services
Shakopee Public Utilities ommission
Planning Commission .- '
Hazardous Waste and Sewerervice poard Vc�
Purchasing Committee
Downtown Committee (A)
Sewer Back-up Claims Committee (3 members)
dbs
1986 COUNCIL LIAISON APPOINTMENTS
*Shakopee Community Services Cncl. Colliaan
*Public Utilities Commission Cncl. Wampach
*Planning Commission Cncl. Lebens
*Hazardous Waste & Sewer Services Board (delete for 1 year)
*Vice Mayor Cncl. Wampach
*Purchasing Committee Cncl. Leroux and
Cncl. Vierling
Downtown Committee (Member) Cncl. Wampach
.4
Appointments made 1/7/86
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Nominations to Boards and Commissions
DATE: January 2 , 1987
Introduction
We have advertised for interested citizens to step forward and
offer to serve on various boards and commissions of the City. We
did not advertise to fill vacancies on committees where
incumbents desire to be reappointed. The six individuals who
were interested in the Council vacancy were called and invited to
consider one of the openings. To date we have only heard from
one resident, Mr. Miller, who is interested in an ICC opening.
Action Requested
Make nominations to fill expiring terms on the following boards
and commissions.
1 . Planning Commission - two terms expiring
Dave Rockne, incumbent - interested in reappointment
John Lane, incumbent - not interested in reappointment
2. Industrial Commercial Commission - two terms expiring
John (Jake) Manahan, incumbent - not interested in
reappointment
Jim O'Neill, incumbent - not interested in reappointment
3 . Police Civil Service Commission - one term expiring
Dan Steil, incumbent - interested in reappointment
4. Shakopee Public Utilities Commission - the appointment will
be made now but will not be effective until April, 1987-
one term expiring.
Jim Kephart, incumbent - interested in reappointment
5 . Shakopee Community Access Corporation - three terms expiring
The membership requirement has been changed from a seven
member board to a minimum five member board. Two of the
three incumbents whose terms are expiring wish to be
reappointed: Robert Ziegler and Deborah Allen.
6. Energy & Transporation - two terms expiring
Glenda Spiotta,incumbent - interested in reappointment
James Weeks, incumbent - interested in reappointment
7. Cable Communication Advisory Commission - two terms expiring
Bill Harrison, incumbent - interested in reappointment
Lee Davis, incumbent - interested in reappointment
We are still looking for two individuals to fill the terms
which expired last year. Both Bill Anderson and Lill Abeln
agreed to continue until their successor was appointed and
qualified.
8. Community Services - one term expiring and current member
Dean Roper is interested in being reappointed.
9. Building Code Board of Adjustment and Appeals - one term
expiring
Dale Dahlke, incumbent - interested in reappointment
10 . Housing Advisory and Appeals Board - one term expiring
Dale Dahlke, incumbent - interested in reappointment
Action Requested
Make nominations to:
C"',
Planning Commission - one
- we will continue to seek a second
Police Civil Service Commission - one
�3 . Shakopee Public Utilities Commission - one
f4 .! Shakopee Community Access Corporation Board of Directors-
two
5 Energy and Transporation - two
6.> Cable Communications Advisory Commission - two
(we will continue to seek individuals for the two terms
which expired last year)
C7�1 Community Services - one
Building Code Board of Adjustment and Appeals - one
Housing Advisory and Appeals Board - one
10. Industrial Commercial Commission - one
- we will continue to seek
a second
JSC/jms
1189 Jefferson St.
_ Shakopee, Mn.
55379
December 29, 1986
Mayor Eldon Reinke
City Hall = -
129 E. First Ave.
Shakopee, Mn.
_. _. 55379 _
Dear Mayor Reinke, _
I am writing you in response to -the recent article in
R the Shakopee Valley Dews concerning volunteers to serve
on the Industrial Commercial Commission (ICC) .
I feel I am qualified for the appointment to the ICC.
I have been a long time resident of the Shakopee area
and presently reside at 1189 Jefferson Street. For the
past eleven years I have been employed by Valleyfair .
and I am currently the Manager of Operations. -This has
provided me the opportunity to experience the growth
and development of the business sector and it' s impact
on the surrounding community. Recognizing this rela-
tionship and being cognizant 'of the delicate balance
that must be maintained as Shakopee continues to prosper
and develop I have decided it' s time to become person-
ally involved in the direction of Shakopee' s future.
As a member of the ICC I would assure the Commission' s
goals are obtained through a personal commitment and
by enlisting the assistance of community members. I
would also be interested in the Tourism Sub-Committee
as it is described in the One-Year Economic Development
Goals and Objectives for the ICC.
If you require any further information I can be reached
at 445-4557 (home) or 445-7600 ext. 264 (work) .
Thank-you for your time and consideration.
Sir_ <iller i r T�
/mtm
i�ECEIV �
DEC 3 0 19€6
OITY OF S IAKOPES
RECEIVED
JAN - 51986
C,ITY QF SHAKOPEE
i
G " nf6
1,
rah --22 e-7-r .�
Q � l
�AVeCICIf
MEMO TO: John K. Anderson, City Administrator is p
FROM: Judith S. Cox, City Clerk
RE: 1987 Taxicab Licenses
DATE: January 2, 1987
INTRODUCTION AND BACKGROUND-
On December 16, 1986 , the City Council tabled the applications for
1987 taxicab licenses. The applications were not in order because
the applicants had not obtained the necessary insurance as required
by the City code. The applications are still not in order as I
have not received a certificate of insurance from any of the three
applicants.
ALTERNATIVES•
1) Table applications to January 20, 1987
2) Leave the applications on the table. This will necessitate
advertising in the City' s legal paper again when Council will
act on the applications.
RECOMMENDATION:
Alternative No. 1. This will give applicants two additional weeks
to obtain the certificate of insurance required.
ACTION REQUESTED:
1) Remove from the table the applications for a taxicab license for
1987.
2) Table until January 20 , 1987 the applications for a 1987 taxicab
license.
dbs
MEMO TO: John K. Anderson, City Administrator !� y
1 li
FROM: Judith S. Cox, City Clerk
RE: 1987 Cigarette Licenses
DATE: January 2, 1987
INTRODUCTION:
Although the City code does not specifically state that the Council
shall approve applications for a cigarette license, the City Attorney
has advised that it would be in order to authorize the City Clerk
to issue cigarette licenses for 1987.
BACKGROUND:
The applications are in order and there are no delinquent and unpaid
taxes, when owner occupied.
RECOMMENDED ACTION:
Authorize the City Clerk to issue cigarette licenses for 1987. (No
need to list all licensees. )
dbs
1987 Tobacco Licenses
87-1 K-Mart Minnesota Valley Mall
87-2 Riverside Liquors 507 East lst Avenue
87-3 Backstretch Bar 124 South Holmes
87-4 Shakopee American Legion Post 2 1266 East lst Avenue
87-5 Berens Super Market 123 West 2nd Avenue
87-6 Canterbury Inn 1244 Canterbury Road
87-7 Raceway Park 6528 Hwy 101
87-8 Holiday Stationstores 444 East lst Avenue
87-9 Juba ' s Super Valu 1100 Minnesota Valley Mall
87-10 Dick' s Conoco Station 936 East lst Avenue
87-11 Family Chow Mein 237 East lst Avenue
87-12 Koehnen' s Standard 804 East 1st Avenue
87-13 Rock Spring Supper Club 1561 East lst Avenue
87-14 Hennen' s ICO 807 East lst Avenue
87-15 Sport Stop 101 South Lewis
87-16 Fraternal Order_ of Eagles #4120 220 West 2nd Avenue
87-17 Snyder Drug 1128 Minnesota Valley Mall
87-18 Q Petroleum 234 W lst Avenue
87-19 Eastman Drug 214 South Holmes
87-20 Happy Chef of Shakopee, Inc. 1120 E lst Avenue
87-21 SuperAmerica #4035 1155 East lst Avenue
87-22 Cleve' s Red Owl 828 East lst Avenue
87-23 Cy' s Amoco 312 West lst Avenue
87-24 Jim & Lucy' s 201 West lst Avenue
87-25 Shakopee Bowl 222 East 1st Avenue
87-26 Minnesota Concessions 1100 Canterbury Road
87-27 Valleyfair One Valleyfair Drive
87-28 Friendly Folks Club 122 East lst Avenue
87-29 Brooks Superette #42 1147 C. R. 83
87-30 Brooks Superette - #28 615 Marschall Road
87-31 Wampach' s Inc. 126 West 1st Avenue
8732 Shakopee Super 8 Motel 581 S. Marschall Road
87-33 Granny' s Restaurant 1135 East lst Avenue
87-34 Shenandoah Ballroom 2400 East 4th Avenue
87-35 Shakopee House 1583 East 1st Avenue
87-36 Pullman Club 124 West 1st Avenue
87-37 Mpls. Northstar Auto Auction 7700 Highway 101
87-38 Budget Liquor 6368 Highway 101
87-39 Roberts Drug 814 East 1st Avenue
87-40 Certain-Teed 3304 East 4th Street
87-41 Anchor Glass 4108 Valley Ind. Blvd.
87-42 Kmart Distribution Center 901 Canterbury Road
87-43 Tom Thumb 590 Marschall Road
87-44 VFW Post 4046 132 East lst Avenue
87-45 Perkins 1205 East 1st Avenue
J
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk'
RE: Official Newspaper
DATE: January 2, 1987
INTRODUCTION:
One of the actions which needs to be taken at the first Council
meeting of the year is the designation of the official newspaper
for the City of Shakopee.
RECOMMENDED ACTION:
Move to designate the Shakopee Valley News as the official newspaper
for the City of Shakopee for the year 1987 .
dbs
SOUTHWEST SUBURBAN PUBLISHING
December 23, 1986 DEG 3
The Honorable Eldon Reinke i`� OF .� 'iC3�t�
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Your Honor,
Please consider our request for appointment of The Shakopee Valley News
as the official newspaper for the City of Shakopee during 1987.
Enclosed you will find a guide outlining our procedures, as well as a
copy of the document from the office of the Secretary of State which
certifies that we are qualified to carry your legal notices.
Thank you for the opportunity to be of service in the past. We hope you
will see fit to continue that relationship in the coming year.
Sinc�F
Stan of srud
Publisher
SR/je
enclosure
SHAKOPEE VALLEY NEWS•EDEN PRAIRIE NEWS•CARVER COUNTY HERALD•JORDAN INDEPENDENT•PRIOR LAKE AMERICAN
327 Marschall Road, P.O. Box 8, Shakopee, MN 55379612 445•3333
APPLICATION FOR 1987 LEGAL NEWSPAPER STATUS 1
NAME OF NEWSPAPER SHAKOPEE VALLEY NEWS
MAILING ADDRESS Post Office Box 8, Shakopee, Minnesota 55379
ADDRESS OF KNOWN OFFICE OF ISSUE 327 Marschall Road, Post Office Box 8,
Shakopee, Minnesota 55379 COUNTY SCOTT
PHONE (612) 445-3333
I have attached the following documents pursuant to M.S. 331A.02, Subd. 1 , and
certify that I meet all of the qualifications of a legal newspaper under the
statute:
1. XX A published copy of the sworn U.S. Post Office 2nd Class Statement
of Ownership and circulation; OR, A published copy of the Statement of Ownership
and Circulation verified by a recognized independent circulation auditing agency.
AND
2. XX A Filing fee of $25.00, made payable to the Secretary of State.
*NOTE: You must comply with 1 a f the above.
D EG 1 6 186 Signature of Publisher
,ewu
Secretary of Stats
AUTHORIZATION TO SERVE AS A LEGAL NEWSPAPER IN MINNESOTA co
r�.
1 , Joan Anderson Growe, Secretary of State do hereby certify that the above
listed publication has met the filing requirements of a legal newspaper for
the year 1987, and may act as such as long as they shall fulfill the require-
ments set forth in M.S. 331A.02 Subd. 1.
Z'x
oan Anderson Growe
e l� �
INFORMATION FOR GOVERNMENTAL BODIES AND
INDIVIDUALS USING THE LEGAL NOTICES
SECTION OF THE SHAKOPEE VALLEY NEWS
Deadlines:
Notices to be published must be received in the office of the Shakopee Valley News by noon on the Friday preceding
each Wednesday publication date.This deadline must be observed to ensure accurate and timely publication of impor-
tant notices.
Affidavits:
One sworn affidavit of publication will be provided, upon request, without charge for each legal notice. Additional af-
fidavits are available at$3.50 each. Additional clippings are available for$1.00 each.
Late Fee:
Urgent legal notices which do not arrive at the Shakopee Valley News office before the specified deadline may be ac-
cepted, at the publisher's discretion, but will have a late fee or surcharge of 10 percent added for special handling.
Publication Requirements:
Most specifications for legal notice publication, including the number of times a notice is to run, are set forth by
statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel, not the publisher.
Guidelines for governmental bodies, prepared by the Minnesota Newspaper Association, are available upon request.
Format:
Legal notices are set in 7 point type with 7.5 points of leading,unless the customer specifies a larger type size.Column
width is 13 picas.
Kill Fee:
Publication of scheduled notices may be stopped depending on how far the printing process has advanced. If a legal
notice is killed before the initial publication date,the customer may still be liable for a special typesetting fee,not to ex-
ceed 30 percent of the cost of the published notice.The customer must pay on a pro rata basis,for that part of a series
of publications that have been completed before interruption by the customer.
Errors:
Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all cases, publisher's
liability shall be limited to a"make good"of a defective legal if it can be demonstrated that the error was made by the
publisher and that as a result of the error the legal notice was rendered invalid.
Rates:
Effective January 1, 1985, the Minnesota Legislature authorized legal newspapers to charge for legal notices in the
same manner they charge their best commercial display classified customers.That means legal notices are billed by the
column inch, not by the "legal line." The law also restricts rate increases exceeding 10 percent per annum.
SHAKOPEE VALLEY NEWS RATE INFORMATION
Lowest classified rate paid by commercial users...............................................$7.00 per column inch
Maximum rate allowed by law for legal notices.................................................$5.44 per column inch
Further information on determining the legal rate structure is available on request.
MEMO TO: John K. Anderson, City Administrator w
FROM: Judith S. Cox, City Clerk V
RE: Resolution of Appreciation to Judi Simac
DATE: January ? , 1987
INTRODUCTION AND BACKGROUND:
The attached resolution is a resolution of appreciation to Judi
Simac, City Planner, for her three years of employment with the
City of Shakopee
ACTION REQUESTED :
Offer Resolution No. 2674, A Resolution- of -Appreciation to Judith M.
Simac, and move its adoption.
dbs
RESOLUTION NO. 2674
A RESOLUTION OF APPRECIATION TO. JUDITH.M. SIMAC
WHEREAS, Judi Simac has served as an employee of the City of
Shakopee in the capacity of City Planner from November 28 , 1983 until
her resignation effective January 6 , 1987 ; and
WHEREAS, during her employment the City of Shakopee has seen
many changes and growth with the coming of Canterbury Downs; and
WHEREAS, during her employment, Judi took her responsibilities
seriously and performed them in a conscientious and professional
manner; and
WHEREAS, Judi well represented the City of Shakopee during her
employment.
NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council
does hereby extend a token of thanks and appreciation to Judi Simac
for her dedication and hard work during her employment with the City
of Shakopee and wishes her well in her future endeavors.
Adopted in regular session of the City Council of the City of
Shakopee, Minnesota, held this 6th day of January, 1987 .
Mayor of the City Shakopee
ATTEST
City Clerk
Approved as to form this
day of 19_
City Attorney
iib
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Sanitary Sewer Plan within MUSA
DATE: January 5, 1987
Introduction•
At their December 2, 1986 meeting the City Council directed
staff to obtain a legal opinion as to whether the City can trade
sewer allocation (the right to obtain sewer service) from one
property to another.
Background-
Attached is an opinion from Krass and Monroe which states
that the "tradeable" land proposal is legally permissable. It is
their opinion that land use decisions such as this will be upheld
in court as long as it is based upon a rationale basis related to
promoting the public health, safety, morals or general welfare.
Action Requested:
Move to adopt Resolution No. 2655, A Resolution Adopting a
Sanitary Sewer Plan for land within the Metropolitan Urban
Service Area (MUSA) thereby establishing a Tradeable Area.
LAW OFFICES
KRASS & MONROE
CHARTERED
Phillip R. Krass
Dennis L. Monroe Marschall Road Business Center
Barry K. Meyer 327 Marschall Road
Trevor R. Walsten
Elizabeth B. McLaughlin P.O. Box 216
Bryan Wm. Huber Shakopee, Minnesota 55379
Susan L. Estill Telephone 445.5080
Diane M. Carlson
Kent A. Carlson, CPA
MEMORANDUM
TO: Shakopee Mayor and City Council
FROM: Phillip R. Krass, Assistant City Attorney
DATE: January 2, 1987
RE: Proposed Internal Sewer Management Plan
Judy Simac requested that I give an opinion regarding the proposal to
adopt an internal sanitary sewer plan whereby the City would be empowered to
label certain land within the MUSA line as "tradeable" for sanitary sewer
accessibility purposes.
Based upon my understanding as to the purpose the City Council has in
labeling certain land as "tradeable," discussions we have had with the
Metropolitan Council staff and the general power City Councils embrace with
regard to land use decisions affecting their cities, it is my opinion that the
"tradeable" land proposal is legally permissable.
It is my understanding that the City Council's purpose in wanting to
label certain property as "tradeable" is to ensure that the City will have
adequate residential housing available in the future. Land use decisions, such
as this one, will be upheld by a court so long as it is based upon a rationale
basis related to promoting the public health, safety and morals or general
welfare. See Campion v. Wright County, 347 NW2d 289 (Minn. App. 1984).
Deciding to label certain land as "tradeable" for the purpose of insuring that
the City of Shakopee will have adequate residential housing in the future
appears to be a rational basis on which to make the decision. Therefore, it
follows that the Council's decision would be upheld in a court of law,
The fact that the land the Council seeks to label as "tradeable" is
designated in the comprehensive plan as available for sewer availability does not
alter the City Council's right to label the land as "tradeable." Designation of
land uses by a local government on a master plan is generally advisory and the
City is not unalterably bound by its provisions. See Amcom Corp. v. City of
Eagan, 348 NW2d 66 (Minn. 1984). Thus, even though the comprehensive plan
envisions the proposed "tradeable" property as being accessible to sewer hookup,
it is not mandatory that the City provide sewer availability. Moreover, in
light of the fact that the land in question was only recently included in
l
the comprehensive plan as appropriate for sewer availability, it would seem that
the land owners argument that that right cannot now be taken away is even less
compelling.
The "tradeable" land question was recently discussed with a member of the
Metropolitan Council staff. Mr. Carl Burandt indicated that he felt the City's
proposal was valid. He also noted that other municipalities also located on the
fringe of the Metropolitan area use similar devices to guide their development.
In particular, he noted that the City of Lakeville had a system whereby the Met
Council allocated to the City the total number of acres available for sewer
hookup. The City then required potential developers to appear before the
Lakeville City Council and obtain approval to build on a piece of land. If the
Council approves the development, the City then approaches the Met Council with
a comprehensive plan amendment and has the comprehensive plan and MUSA line
amended to include the new development.
It would appear that the City of Shakopee could adopt this same procedure.
To do this, the City would amend its comprehensive plan once again to exclude
the land sought to be labeled as "tradeable." However upon doing this, the City
would put into "reserve" the corresponding number of acres. This amount of
acreage would then be available to be developed and included within the MUSA as
the City Council deemed appropriate. This would ensure that the City Council
would have control over land use affecting the City.
Please let me know if you have any further questions on this or any other
matter.
Very truly yours,
KRASS & MONROE ARTERED
Phillip R. Krass
PRK•1n: '1
RESOLUTION NO. 2655
A RESOLUTION ADOPTING A SANITARY SEWER PLAN FOR
LARD WITHIN THE METROPOLITAN URBAN SERVICE AREA (MIUSA)
THEREBY ESTABLISHING A TRADEABLE AREA
WHEREAS, the Year 2000 Sanitary Sewer Service Plan has been
adopted by the City Council and approved by the Metropolitan
Council; and,
WHEREAS, within the Year 2000 Sanitary Sewer Service Plan a
305 acre area which consists of three parcels identified in the
sewer inventory as tt77 , Y and 066 (and illustrated in attached
exhibit A) shall be labeled as Tradeable Area, which means City
Council approval must be granted prior to issuance of a building
permit for land within the Tradeable Area; and,
WHEREAS, the City Council shall approve building permits on
a first come, first served basis for land within the Tradeable
Area, only if the proposed land use complies with all zoning,
building and City Code regulations, the average sewer flow shall
not exceed 1, 000 gallons per acre per day, and 150 sewered acres
will remain to be traded for the Jackson Township annexation
area; and,
WHEREAS, the Tradeable Area designation shall be removed
from parcels n77, Y and 66 when and if the 150 acre Jackson
Township property is annexed to the City Of Shakopee and the
Metropolitan Council approves an increase in the saP_itary sewer
allocation t0 serve the area;
NOW, THEREFORE BE IT RESOLVED by the City Council Of the
City Of Shakopee, Minnesota that a Sanitary Sewer PlaP., for land
within the MUSA, which establishes a T.'-adeab l e Area is hereby et
X which shall require Ci tv Councyova_il app � - s
- c= building
permits On a r5t Come, first served basis for land Within the
Tradeable Area Only if the proposed land use Complies with all
zoning, building and Other City Code rea-uiations, the average
sewer flow shall not exceed 1, 000 gallons per acre per day, and
.SD Sewered acres YJill remnain t0 De traded for the Jackson
Township annexation area.
_.-RT_ER :_SO:A ZED tr: t he
�✓bo-_ = `� --_ „_�` Tradeable Area designation
seal e removed from parcels a /7 , Y and n66 when and if the 1
acre Jackson Township property J o SD
_s annexed to the City Of Shakopee
and the Metropolitan Council approves an increase i
ncreas n the sanitary
sewer allocazlon ..o Serve the area.
PROPOSED 150 AC.
{h,NNEXAT/qN AREA
I
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.�. 11 'i��` .� I �, _; .•�- t� �::'Y �;11►( � :/M;. � ,... E .�I� _ MbRATORMM
( '11I�'�
TP,Nb E NUR
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to L
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41,
� >� i � ---I--- \ - --- -I�c•-- — _ _� �� -- --1 I ' I— ___ SII II �--
.. �,--• � __...,, as �� _ :�� _I f �_I I,1 I-`;•, _C•.I..�1
CITY or SIIAKOPEE � '°A�S`�`"- COMPnrnrNSIVE PLAIT ron -
�: P-n..� SANITARY SEWER SERVICE I
Ilal� II i '• .�I
—19OH990—
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Reconsideration of Resolution No. 2665 - 1987 Pay Plan
DATE: December 26, 1986
Introduction
It has been brought to my attention that some of the footnotes on the 1987
Pay Plan are open to differing interpretations.
Background
The footnotes for the pay plan are open to differing interpretations.
Therefore, they have been modified to specify precisely what will happen on pay
plan steps for positions footnoted. The Tech II position footnote has not been
changed because it is being appealed under comparable worth. It will be
` changed as necessary or as Council directs at a later date. There is an
additional informational note regarding positions that were not on the 1986 pay
plan which are now on the 1987 Pay Plan.
Alternatives
1. Reconsider Resolution 2665 to replace corrected attachments.
2. Do not reconsider Resolution 2665.
Recommendation
Alternative number 1. These changes do not affect salaries approved 12-16-86.
Action Requested
Move to reconsider Resolution No. 2665, A Resolution Adopting the 1987 Pay
Schedule for the Officers and Non-union Employees of the City of Shakopee,
Minnesota, substitute corrected page and readopt.
Footnotes:
City Administrator - receives 3% increase 1/1/87 and moves up to top step on anniversary date.
Finance Director - receives 3% increase 1/1/87 and moves up to top step on anniversary date.
Police Chief - receives 3% increase 1/1/87 and moves up to top step on anniversary date.
City Engineer - receives 3% increase 1/1/87 and moves up to step five on anniversary date.
City Clerk - receives 3% increase 1/1/87 and moves up to step five on anniversary date,
anniversary date is January 1, therefore position is on step 5 effective 1/1/87.
Asst- Bldg Inspector - receives 3% increase 1/1/87 and moves to top step on anniversary date.
Tech. II - receives 3% increase 1/1/87 and no step increase until salary does not exceed appropriate step.
" I
The City Administrator, Ass't Building Inspector and Custodians were not on the 1986 Pay Plan based on
the Stanton Survey prior to Comparable Worth analysis and implementation.
MEMO TO: John K. Anderson, City Administrator f
FROM: Judith S. Cox, City Clerk
RE: Appointments to Suburban Rate Authority for 1987
DATE: December 26 , 1986
Introduction
It is necessary to designate the director and alternative director
from our community to the Suburan Rate Authority for 1987.
The attached resolution designates Mayor Reinke as the director
and John Anderson as the alternative director for 1987 .
Action Requested
Offer Resolution No. 2671, designating Director and Alternative
to Suburan Pate Authority, and move its adoption.
JSC/jms
RESOLUTION NO. 2671
A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota, as follows:
Eldon Reinke is hereby designated to serve as a director
of the Suburban Rate Authority, and John Anderson is hereby
designated to serve as alternate director of the Suburban
Rate Authority for the year 1987 and until their successors
are appointed.
Adopted in session of the City Council
of the City of Shakopee, Minnesota held this day of
1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1987.
City Attorney
l �
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Ordinance to Amend City Code - Food Processing in the
B-1 Dlstict
DATE: December 29 , 1986
Background
At their December 16 , 1986 meeting the City Council directed the
City Attorney to prepare an ordinance which will amend Section
11. 29, Subd. 3 of the City Code to allow limited food processing
as a conditional use in the B-1 zoning district, subject to
certain standards.
Attached is the proposed ordinance to be considered by the City
Council at their January 6 , 1987 meeting.
Action Requested
Move to adopt Ordinance No. 211, An Ordinance which amends
Section 11. 29, Subd. 3 of the City Code to allow Limited
Food Processing as a conditional use.
JS/jms
ORDINANCE NO. 211
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee
City Code Chapter 11. entitled "Land Use Regulation(Zoning)" By
Adopting a new Conditional Use to Section 11.29 Subd 3 "Limited
Food Processing" and by Adopting by Reference Shakopee City Code
Chapter 1 and Section 11.99
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: New Conditional Use added to Section 11. 29 Subd 3
0 Limited Food Processing, subject to the following conditions:
1. No slaughtering or rendering of any kind, including meats, poultry
and fish..
2. The operation must combine processing and wholesaling of a product.
3. Liquid waste must have primary separation.
4. Emissions shall be limited to gas and steam exhaust. No liquid pollutants
shall be released into the environment.
5. The facility must pass Federal and State inspection.
SECTION II: Adopted by reference
The general provisions and definitions applicable to the entire City Code
including the penalty provisions- of Chapter 1 and Section 11.99 entitled "Violation
a Misdemeanor " are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION III: When in Force and Effect
After the adoption, signing and attestation of this Ordinance it shall be
published once in the official newspaper of the City of Shakopee and shall be
in full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this, day- of ' 1986.
ATTEST:
Mayor of the City of Shakopee
City Clerk
Prepared and approved as to form this
17th day of December, 1986.
City A
ttorney
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Fourth Avenue Assessments
DATE: December 30, 1986
INTRODUCTION:
This memo addresses two follow up items relative to the
assessments for the Fourth Avenue Reconstruction Project.
BACKGROUND:
At the public hearing for the Fourth Avenue Project assessments,
two adjustments were made to the calculated assessment rate . One
adjustment was made for the St. Francis Hospital as a credit for
sidewalk left in place . The other adjustment was for the Stanley
Stejskal property , located as indicated on the attached "Block
52" sketch, due to a lack of abutting footage.
BT. FRANCIS HOSPITAL
The adopted assessment against the St. Francis Hospital block
reflected a credit of $1 , 148 .40 for sidewalk that was proposed to
be left in place . The condition, of the sidewalk was marginal and
did not need to be replaced due to changes in elevation . The
amount of the credit was in error because the $ 1 , 148 . 40
represented 100% of the reduced project cost. Since only 25% of
project costs are assessed, it follows that the credit should
only be 25% of $1 , 148 . 40 , or $287 . 10 . When this error was
brought . to the attention of the Hospital staff, they elected to
replace the sidewalk. Other abutting property owners were
afforded this same opportunity when sidewalk of marginal
condition did not require replacement due to elevation change .
To facilitate correcting the assessment administratively, the
Hospital signed a waiver of hearing as attached. Also, note the
amortization period of Resolution 2672 is for 9 years so that the
assessments run concurrently with the previously adopted
assessments.
I recommend adoption of Resolution No . 2672 which applies an
assessment of $1 , 148 . 40 and thereby establishes the proper
assessment amount to the St . Francis Hospital for the Fourth
Avenue Reconstruction Project.
Fourth Avenue Assessments
December 30 , 1986
Page 2
STEJSKAL PROPERTY
At the assessment hearing, Council abated the assessment against
the Stejskal property. Council directed staff to research the
actual property owner of the small triangular piece of property
( slashed on attached Block 52 sketch ) and begin assessment
proceedings against that parcel . Since that small piece cannot
be developed in itself, staff has a concern of proving benefit to
the property equal to the assessment amount ( approximately
$1455 .00) . The following alternatives are available :
1 . Commence assessment proceedings against the property .
The owner of the property is CMST. P. & P. Railroad of
Chicago.
2. Hold a public assessment hearing to amend the previous
assessments on all benefitted properties by spreading
the $1 , 455 .00 over all the benefitted properties.
3 . Fund the $1 , 455 . 00 by state aid which would require no
further action by Council .
4 . Reconsider the abated assessment for the Stejskal
property and apply the $1 , 4550 . 00 assessment .. In
discussing the matter with Mr. Stejskal , I indicated to
him that it may be possible that his overall assessment
responsibility in the future may increase when
comparing the cost of 142 feet of frontage on Fillmore
Street to 60 feet of frontage on Fourth Avenue and 142
feet of zonal cost on Fillmore. Mr . Stejskal preferred
the abated assessment on the Fourth Avenue Project with
the understanding that the abatement leaves his
property with no frontage benefit on Fourth , but
instead , 142 feet of frontage benefit on Fillmore
Street.
I recommend Alternative 3 . Use of state aid to fund unusual
circumstances where improvement costs cannot be assessed is
justifiable . If Council concurs with Alternative 3 , a copy of
this memo should be included in the 27-001379-0 property data
file .
REQUESTED ACTIONS:
1 , Offer Resolution No. 2672, A Resolution Adopting Assessments
for the 1986-3 Public Improvement Program , Fourth Avenue
Reconstruction Project.
2 . Direct staff to discontinue assessment proceedings against
CMST. P. & P. Railroad for improvements of the Fourth .Avenue
Reconstruction, Project 1986-3 .
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dCAj i a, CNl GNlO BN!!i ND Dii AW1N(i ND
t7" t�^�i''j;" T F SHAKOPEE 'y;;
CITY OF SHAKOPEE
HEARING AND APPEAL WAIVER
FOR PUBLIC IMPROVEMENTS
PURSUANT TO
MINNESOTA STATUTES
CHAPTER 429
The undersigned property owners ( s) hereby certifies that ( he ,
she, they) ( is, are) the owners of the property described below
as Parcel No. 27-0014 4-0
All of Block 58 , Shakopee City Plat
and is empowered to waive their rights as indicated below.
The undersigned property owner( s ) hereby understands that the
assessment will be the actual cost of the improvement for a total
assessment not to exceed $1 . 148. 40 as specified in the payment
Option No. 2 on the Cost Tabulation.
The undersigned property owner (s) hereby waives ( s) (its, their)
right to a Public Hearing prior to the levying of the assessments
related to said improvements and further waive ( s) all rights to
appeal said assessments which shall be assessed pursuant to
Minnesota Statutes Chapter 429, as a result of the installation
of
Concrete sidewalks in conjunction with the 1986-3
Fourth Avenue Reconstruction Project.
Dated this 11th day of December 2 198 6
ST. FRANCIS HOSPITAL
By: C�i�i/ Gr ,-e 4�
Micnaei E . Sor tum
STATE OF MINNESOTA) V. P. of Fiscal Services
) ss (INDIVIDUAL ACKNOWLEDGEMENT)
COUNTY OF SCOTT )
On this 11th day of December , 19 86 before me , a
notary Public within and for said County , personally appeared:
Michael E . Sortum
to me personally known, being sworn, did say that this instrument
was executed as their free act and deed.
LORI L WUAN
NOTMpUSSLS—MINNESOTA Notary Public
CARVER COUNTY
My Comminm Expires lune 15.1992
x
x
RESOLUTION NO. 2672
A Resolution Adopting Assessments
1986-3 Public Improvement Program
Fourth Avenue Reconstruction
WHEREAS, pursuant to the proper waiver of hearing duly given
as required by law, the City Council of the City of Shakopee met
and passed upon the proposed assessments of :
1986-3 Fourth Avenue Reconstruction Project
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of nine ( 9) years, the first
installment to be payable on or before the first Monday in
January, 1988 , and shall bear interest at the rate of 8 . 5 Percent
per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added the interest
on the entire assessment from the date of this resolution until
December 31 , 1988 , and to each subsequent installment when due
shall be added the interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer , except
that no interest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll .
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of , 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day
of , 19
City Attorney
SUPPLEMENTAL ASSESSMENT YOLK
FOR
1986-3 FOURTH AVENUE RECONSTRUCTION PROJECT
PID PROPERTY OWNER DESCRIPTION TOTAL ASSESSMM
27-001434-0 St. Francis Hospital Block 58 $ 1,148.40
Shakopee, MN 55379 Shakopee City Plat
f1
LAW OFFICES DEC ) 3 X986
KRASS & MO_ NROE0� S
ARypKOPE�
CHTEREDM.
Phillip R. Krass
Dennis L. Monroe
Barry K. Meyer Marschall Road Business Center
Trevor R. Walsten 327 Marschall Road
Elizabeth B. McLaughlin P.O. Box 216
Bryan Estill Huber
L.
Susan L. EShakopee,Minnesota 55379
Diane M. Carlson Telephone 445.5080
Kent A. Carlson, CPA December 22, 1986
The Honorable Michael A. Young
District Court Judge
428 South Holmes Street
Shakopee, MN 55379
Mr. Robert J. Huber
Attorney at Law
1000 Minnesota Mutual Life Center
400 North Robert Street
St. Paul, MN 55101
Re: City of Shakopee v. Hardrives, rnc.
Court File No. 84-01886
Our File No. 5-1373-153
Dear Judge Young and Mr. Huber:
This correspondence will confirm my telephone conversation of
Monday, December 22, 1986 with Mr. Huber and the Clerk of District Court
confirming that Defendants agree to extend the 30-day time period for
hearing the Motion of the City of Shakopee for amended Findings or a new
trial. Specifically, it was agreed that this matter may be set for hearing
on Friday, January 9, 1987.
This letter will further confirm that the Clerk of District Court
advised the parties that upon agreement of the attorney's , and written
confirmation by letter, such extension of time for hearing was acceptable
to the Court.
Mr. Huber also indicated that he would rather submit oral argument
on this matter by telephone conference. The City of Shakopee has no
objection to this and would submit Mr. Huber's proposal to the Court for
its approval of a hearing by telephone conference.
Thank you for your courtesies in this matter.
Ver truly yours,
K 9S MONROE CHARTERED
TRW:mlw Trevor �. Walsten
Enclosur
cc: J n Anderson
/S
PE ' IifED
LAW OFFICES
KRASS & MONROE JA N 1986
CHARTERED
CITY OF SHAKOPEE
Phillip R. Krass
Dennis L. Monroe Marschall Road Business Center
Barry K. Meyer 327 Marschall Road
Trevor R. Walsten
Elizabeth B. McLaughlin P.O. Box 216
Bryan Wm. Huber Shakopee, Minnesota 55379
Susan L. Estill Telephone 445.5080
Diane M. Carlson
Kent A. Carlson, CPA CONFIDENTIAL MEMORANDUM
TO: Mayor and City Council
City of Shakopee
FROM: Phillip R. Krass
DATED: December 31, 1986
RE: Shakopee v. NSP Lawsuit
Our File No. 1-1373-188
Dear Mayor and Council Members:
I had a lengthy discussion recently with Ralph Towler, attorney
for Northern States Power, on the possibility of settling the litigation we
have with Northern States Power. You will recall this litigation involves
the cost of moving the Northern States Power poles on the north side of
Fourth Street between County Road 83 and about the middle of the
Certainteed property. The cost of movement of those poles was $18,297.00.
We agreed to pay that cost in order to effectuate the move, reserving for
ourselves the right to litigate the responsibility for that cost. Mr.
Towler has taken depositions of John Anderson, Lou Van Hout and the
Barton-Aschman Design Engineer, David B. Warzala.
The poles needed to be moved because of the widening of Fourth
Street and the "clear zone" required in accordance with MnDOT standards,
since this is a state aid highway and we must utilize their standards in
order to obtain the financial assistance of the state.
The City's position is that we had no choice but to utilize the
standards, and that the standards are correct from a safety standpoint.
LISP's position is that we don't utilize these standards on other non-state
aid roads within the City, nor have we adopted these state aid standards by
resolution or ordinance; therefore, they should not apply to NSP. Moreover
they complain that the City is paying for the moving of the SPUC poles on
the south side of Fourth Street; therefore, we should not object to paying
for the movement of the NSP poles on north side of Fourth Street. The City
has explained that the transfer of funds respecting SPUC is merely an
accounting procedure and that SPUC is an arm of the City.
This is something of a test case for NSP as they have not
previously had to litigate this issue and anticipate it is going to be
Mayor and City Council
Page -2-
December 31, 1986
coming up with some regularity in the future. Consequently, I believe they
have a significant concern about setting precedent.
Unfortunately there is no case law directly on point, although
there are some old Attorney General's Opinions and some old case law
respecting county roads that is generally helpful to us. My analysis is
that we should win this case. On a percentage basis, I think I would put
our chances at 60%-70%. As always, you must understand that estimate is our
educated guess. And while over the years our educated guesses have been
more right than wrong, you will recall that our most recent effort
(Hardrives) was unsuccessful.
At any rate, the offer from NSP is 40% of the total cost, or
$7,318.80. That is the offer that is on the table.
(For your information, almost $2,200.00 in legal fees and
deposition, file fees and other expenses have been billed thus far on this
file. I am estimating it will cost between $1,000.00 and $2,000.00 more to
try the case and brief it for the Judge.)
RECOMMENDATION:
It is my recommendation that you reject the NSP offer. I believe
our chances of winning are better than 40%. I informed Mr. Towler that at
your January 6 meeting you would make a firm decision respecting settlement
and whatever number you came up with would not change before the trial, now
scheduled for the 29th of January. Therefore, if you choose not to accept
the 40% offer, you can make a determination that we simply proceed to try
the case (we are prepared and ready to go), or you can make a counteroffer.
An example would be 70% of the total which is $12,807.90. You could also
choose another number or another percentage.
REQUESTED ACTION:
Motion to accept or reject NSP's offer. If rejected, motion for
counteroffer if Council desires to accept an amount less than 100%.
Very truly yours,
KRASS N Ers&ARTERED
Phillip R. Krass
PRK:mlw
C/%
MEMO
S
To: Mayor Reinke, and Councilmembers Leroux, Vierling and Clay.
From: Councilmembers Lebens and Wampach.
Re: Rebuttal to City Attorney's opinion of Dec 22nd on withdrawals.
THE CITY ATTORNEY writes: "In view of the above decisions, and particularly the
language in the Domeier case, it is my opinion that the withdrawal letters are
ineffective".
Mr Coller emphasizes his reliance upon "the language in the Domeier case" as
the basis for his opinion, but in an immediate about-face, decides the issue on
the language in the Teunis Slingerland case of 1894 instead. And the conflict
arises from the fact that Slingerland isn't at all consistent with Domeier, a
1954 case.
Now of course none of this confusion would be in the least important were it not
for the fact that it's absolutely essential to our case that we know just exactly
what Domeier does say. First though, we need to look at Slingerland v Norton, and
State v Streissquth, the other two cases cited by Mr Coller. Both of these cases
involved petitions for elections to remove county courthouses from one city to
another, and the disputes arising out of various attempts to remove and/or re-in-
state signatures. They became the cases that gave rise to the long-standing rule
to wit: "that withdrawals are not timely after the Council has taken action on the
petition" - established on the rationale that once the governing body has acted,
the irrevocable election process had commenced. It is this 1896 rule that Mr Coller
would now apply to our withdrawals.
But the 1954 Domeier case changed everything! By writing new law.
On Feb 14th, 1950 the city council of Sleepy Eye received a petition containing
96 signatures requesting that the State Public Examiner conduct an audit of the
city's books per MS 215.19. After Mr Golling arrived 14 months later, 62 signers
attempted to withdraw, alleging that they had been told that the State and not the
City would pay for the audit when they signed the petitions. (And of course, this
wasn't true. ) The Council, apparently acting in accordance with the old 1896 rule,
refused, and Domeier filed suit. The District Court held with the City, and Domeier
appealed, arguing that the original petition had been misrepresented when circulated.
On Dec 3rd, 1954, the Supreme Court reversed the lower court as follows:
"The signer's power to withdraw his signature is an important right and
one that should not be taken from the signers without good cause. In view
of the ease with which signatures to a petition are often obtained, signers
should be given every opportunity to reflect upon the advisability of their
actions and to withdraw their approval if, after mature reflection, they so
desire. Without this power to remedy an impulsive act, petitions would serve
as a trap for the unwary and would seldom convey the impression of the comm-
unity's thought that they are designed to reveal. . .
We are of the opinion that the goal of the original petition under consideration
differs materially from that which existed in the cases giving rise to the rule
that signatures become irrevocable after certification of the petition by the
proper officer."
Domeier v Golling 243 Minn 237, 67 NW2 898
- 2 -
It should be noted here that the Court left the old 1896 rule stand in cases
where a time limit is imposed for filing petitions, and where elections or
referendums are involved, and properly so. But what we do find in Domeier is
that even though the Sleepy Eye city council had acted upon the petition 14
months before the attempted withdrawals; and even though Mr Golling had already
started his audit; and even though the Attorney General representing Golling,
cited both Slingerland and State v Streissguth, (just as Mr Coller now does)
--the Supreme Court nevertheless held that the signers had an unqualified right
to withdraw. And that is now the law of the land!
Therefore, since there are no known time limits or constraints on the filing of
improvement petitions; and most certainly there is no referendum to follow; and
we have more than ample evidence to demonstrate that the original petition's
real significance was very carefully concealed from the signers and in some
instances, even grossly misrepresented, it would appear that the Shakopee case
runs strikingly parallel to that of Sleepy Eye and would therefor prevail upon
appeal.
We thought it only fair that you should be informed of these facts before a
confrontation arises. And there is another potential spin-off connected with any
serious dispute that you should also be aware of. And that has its roots in the
Minnesota Statute of Frauds, upon which Dunnell's comments in part as follows:
"It is not essential that the party knew his statements to be false
as long as he represented them to be true of his own knowledge or
official capacity to prove fraudulent intent."
" . .and, that one may be guilty of fraud by keeping silent when he
ought to speak."
". . .and one who speaks must say enough to prevent his words from
misleading the other party".
Our feed-back, as well as certain public pronouncements, all indicated that the
original petition was absolutely necessary to order a study and have a hearing.
But hasn't this council spent hundreds of thousands before on downtown studies
without petitions? Furthermore, if the facts were known it is entirely probable
that the so-called study so urgently sought by the circulators had already been
completed. At least one circulator admitted publicly that he had copy of the
proposed assessments in his pocket while soliciting signatures. Would a rational
person believe that assessments could possibly be determined or even speculated
upon without first knowing what you were going to build and the approximate cost
therof? Our withdrawal people all re-iterated the same statement repeated many
times by the circulators - that the petition was for one purpose only, to wit; to
request a study and hold a public hearing and that in no way would it cost the
signers anything, assuring them that their signature was only an expression of
interest and curiosity. But wasn't the true purpose a desperate attempt by staff
and certain members of the downtown committee to overcome the political reality that
a 4/5th vote needed for council initiative couldn't be secured?
So in light of all of the foregoing, doesn't it appear that the public interest
i would be served best all around by backing off right now and start anew with a
little more old-fashioned honesty and integrity. It's the only way it will work.
Dated this second day of January, 1987 .