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HomeMy WebLinkAbout08/18/1987 \ y MEMO TO: Mayor :and. City Council—_ FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: August 14, 1987 1. Don MCKush started a lawsuit to stop the golf course. The five citations were all against the city' s actions throughout the process:: Jack and Rod recommended that. the - City and developer split the cost of the suit (the developer is not cited in the specifics of the suit) , but the City would not be in litigation if we hadn't processed his application. The 50/50 split has been reviewed with Gary Laurent and he has agreed. We may not have further action since the City won Mr. McKush's first attempt at an injunction. Call me with questions before Tuesday please. 2. Sprintsted is handling a $30 million bond issue for the Eden Prairie School District. The week of October 19th they will bring Moody' s to Minnesota for a first hand look at Eden Prairie and Shakopee. 3. Enclosed are copies of information that the Starwood developers provided the Planning Commission at their July 30th public hearing. 4. Attached are two letter from Joseph F. Zak, Citizens Against Starwood Amphitheater. Copies of these letters are going to the Planning Commission with their August 20th agenda packets. I will be contacting Councilmembers to arrange making phone calls as requested in Mr. Zak' s second letter. 5. Attached is a copy of a letter I sent to the Commissioner of Revenue regarding our appeal of the levy limit for 1988. 6. Attached is a copy of a letter from the Minnesota Historical Society to Ray Siebenaler regarding the Merchants Hotel. 7. Attached is a copy of a letter from The Scottland Companies to Canterbury Downs regarding handicapped facilities. B. Attached is a copy of a letter from the Shakopee Pool Staff to the St. Peter Jaycees regarding the behavior of some of their members at the pool on August 2nd. 9. There were at least six other communities that used the pool this summer, all of whom seemed to enjoy the experience very much. We anticipate many more .next- season.- - - Attached is a - -- letter from Jordan. 10. Attached is a response from Senator Boschwitz -to our letter - -- - expressing Council's concerns about tax proposals affecting cities. 11. Attached is a letter from Marjorie Henderson with a copy of Murphy' s Landing current Liability Declarations. Please note the attached "additional interest endorsement" naming the City of Shakopee as a co-insured. 12. Attached is a "Report to the Stockholders" from the National League of Cities. 13. On August 5, 1987 we received notice from the Shakopee Community Access Corporation that they approved the Access Corporation By-law amendments on April 9, 1987. These By- law amendments were approved by City Council on November 4, 1986. A copy of the April 9, 1987 Access Corporation minutes is attached for your review. 14. Attached is a copy of Canterbury Downs lst half tax payment for 1987. 15. The Shakopee Ducks Unlimited have applied for a raffle license for September 8, 1987 at the KC Hall. They meet the conditions of the City Code. 16. Attached is a copy of a brief resume from Jack Coller outlining the time he has spent on Shakopee business from January 1 through June 30, 1987. 17. Attached is a copy of the billing summary from Krass and Monroe from May 1, 1987 to June 24, 1987. 18. Attached is the Building Activity Report for July, 1987. 19. Attached is the Revenue and Expenditure Report as of July 31, 1987. 20. Attached is the agenda for the August 20, 1987 Planning Commission meeting. 21. -Attached is the agenda for the . August 20; 1987 Energy and ' Transportation Commission meeting. 22. Attached are the minutes of the July 16, 1987 meeting of the Energy and Transportation Commission. 23. Attached are the minutes of the July 6, 1987 meeting of the Shakopee Public Utilities Commission. JKA/jms y y'30 F17 10,la uil �,trnvin�.aacoY ���3/c lTHE VSCOTTLAND COMPANIES August 13, 1987 Mayor Eldon Reinke and Members of the Shakopee City Council 129 East First Avenue Shakopee, Minnesota 55379 Enclosed please find for your review copies of correspondence and memorandums that have been submitted to the Planning Commission in support of the Conditional Use Permit application for the proposed Starwood Music Center. The following is attached; A memorandum reviewing our offer to create a citizens advisory board. A letter from John W. Shardlow (Dahlgren Shardlow and Uban Consulting Planners) with regard to the compatibility of recreation and mixed-use development in industrial parks. A letter from James F. O'Neil Company with regard to the same subject. A letter from Robert J. Strachota and Howard E. Shenehon from Shenehon and Associates Inc. with regard to the impact of an outdoor music center on property values in the area. A letter from Robert N. Schmidt, Scott County Assessor, regarding propety value impact of Canterbury Downs Racetrack on the immediate area. A letter from local Real Estate broker Gary Laurent with regard to the same subject. A letter from Randall J. Williamson, General Manager, Shakopee Super 8 Motel in support of the Starwood Music Center. P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 (612]445-3242 A letter from Steven Pesavento, Director of Bands, Shakopee Junior High School with regard to opportunities for high school bands at the Starwood Music Center. We appreciate your time taken to review the materials attached. Please feel free to contact me at your convenience should any questions arise. Sincerely, Jeffrey Siegel Project Manager Starwood Music Center JS:jhl enclosure cc: John Anderson, City Administrator Dennis Kraft, Director of Community Development Douglas Wise, City Planner Ken Ashfield, City Engineer M E M O R A N D U M TO: Shakopee Planning Commission FROM: Bruce D. Malkerson and Jeffrey Siegel RE: Starwood - Local Advisory Board DATE: July 30, 1987 There have been expressions of concern from some members of the community concerning how we will operate and the quality of the performers we will allow at the Music Center. We believe we have answered all of those questions. However, we can understand why some people have doubts. We believe therefore that it will be beneficial to the Music Center, and, we hope beneficial to the community if we establish a volunteer citizens advisory board which would review and discuss with us our proposed programming each year and any perceived or actual problems relating to our operations. We believe that the advisory board could consist of the following: 1. A representative from the Industrial Commerce Commission. 2. A representative from the Chamber of Commerce. 3. A representative from the religious community. 4. A representative from local residents. 5. A representative from the facility owners. 6. A representative from the 'local school district. We are recommending that the Board would meet once a quarter in the "off-season" and monthly during the operating season from May 15th through September 15th. Other ongoing advisory topics would be to consistently review and improve facility procedures and policies. 3 Additionally, the advisory board would review the various proposals and opportunities to create fundraising projects for various civic related projects. In the event that we receive permits to proceed we would immediately form this board. We will ask for volunteers and will choose a board including those who presently support and oppose the Music Center. only then will the board have credibility with the community. we understand that this board could be very influential in convincing the City to revoke our conditional use permit in the event we did not operate in accordance with City ordinances and the terms of the conditional use permit. We ask that a copy of this memorandum be made a part of the minutes of tonight's meeting. BDM:JS:jhl BAUD - UK\N[ CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612339-33W 22 July 1987 Bruce D. Malkerson Executive Vice President 3effrey a eg. l Project Manager, Starwood Music Center Scottland Companies P.O. Box 509 Shakopee, Minnesota 55379 RE: Discussion of the Issue of the Compatibility of Large Scale Recreational Facilities With Industrial Parks Dear Bruce and Jeff: I am writing in response to your request for my comments regarding the issue of the relative compatibility of large scale recreational and cultural facilities - with industrial parks. I understand that you are not only interested in my general opinions on this topic, but also my expectations regarding the compatibility of the .proposed Starwood Music Center and the existing Canterbury Park. It is somewhat ironic that you should ask me this question now. Over the past several weeks I have been preparing a review of the Urhan Land Institutes' Mixed-Use Development Handbook for publication in the fall issue of Common Ground, the National Journal of the Community Associates Institute. As a result, I have nearly completed a rather intensive analysis, both of the general concept of mixed use development and several particular mixed use developments throughout the country. Without launching into a jargon filled, esoteric history of mixed use development, suffice it to say that the practice of combining different land uses in a single place is virtually as old as the history of human settlement. It was really just with the wide spread acceptance of the concept of zoning (the separation of land uses into districts) that the development patterns in our cities moved away from mixed uses. The logic behind the concept of zoning is that the best way to achieve compatibility between different uses is through physical separation. Today there is a wide and growing acceptance of the fact that different uses can exist in close proximity to each other. Successful mixed use development begins with a sophisticated and complete analysis of the ways in which the Malkerson/Siegel, 22 July 1987 Page 2 proposed uses will actually function and, therefore, the actual off-site impacts associated with these uses. The regulations to govern these developments must also be flexible enough to include specific performance standards related to actual impacts as opposed to any arbitrarily established standards. One of the principal advantages in mixed use developments is the fact that different uses experience their most intensive use periods (peak periods) at different times. Traffic and parking are two of the most frequent areas in which this fact can be used to its greatest advantage. By combining uses with different peak periods in the same development, it provides the opportunity to intensify the overall use of the area without making it necessary to add substantially to the size and capacity of streets and parking areas. From the material that I have reviewed regarding this proposal it is clear that the peak use periods for this facility will not correspond with those associated with the vast majority of the businesses in the park. I also know enough from my research and experience to conclude that there are some very good reasons to locate recreational and cultural facilities in industrial areas, as opposed to residential, or even general commercial areas. These facilities are most actively used at times when the surrounding industrial businesses are either not using the area roadways, or are using them to a very limited extent. I might also add that I have always felt that the opening of the T.H. 169 bypass is the key to the future success of this portion of Shakopee. I am very encouraged by the progress that is being made toward that end. In conclusion, it is my opinion that large and small scaled recreational and cultural facilities have and will continue to be successfully integrated into industrial areas. There is no logical basis for a conclusion that there is anything fundamentally incompatible about these uses. I have reviewed the Environmental Assessment Worksheet covering this proposal, as well as numerous letters from industrial business owners within Canterbury Park. There is nothing in this material that would lead me to conclude that the proposed Starwood Music Center could not be successfully integrated into Canterbury Park. The City of Shakopee should be able to adequately address any remaining concerns through its conditional use permitting process. Sincerely, DAHLGREN, SHARDLOW, AND UBAN, INC. John . Shardlow, AICP Vi resident D James F. O'Neill 0 Company RE: Starwood Music Center July 30, 1987 Chairperson and Members of the Shakopee Planning Commission: There appears to be a question, regarding the Starwood Music Center, that requires an answer. "Is the Starwood Music Center a compatable use in an Industrial Park?" Canterbury Park is already a business, recreational and industrial park. Having been employed by Opus 2 (Rauenhorst Corporation) as a Vice President responsible for the development of industrial parks and having been a charter member of the NAIOP (National Association of Industrial and Office Parks) serving on their Board of Directors and as first Vice President and subsequently founder of the local chapter, I feel somewhat qualified to address the question. About 1952 when Dayton's were considering building Southdale, I, as an employee was selected to be on the development team for Southdale. Because of the cost of land and especially improvements i.e. - roads, utilities and etc. a theory was developed. Wouldn't it be more logical to locate 80 retail stores in one area all served by the same streets and utilities than to service 80 stores on 80 pieces of land and the same improvements on each parcel? Dayton's even went so far as to invite their strongest competitor (Donaldson's) into the Center. That kind of density, consolidation, and logic has as you know, proven successful not only for Southdale, but for the community i.e. : tax benefits, orderly growth etc. When the NAIOP started developing standards for Industrial Parks, they stole a page out of the (I.C.S.C. ) International Council of Shopping Centers book. The same logic worked for the development of major industrial and office parks. The NAIOP, however, refined their standards even more to make better use of the roads and other improvements. The logic being that the land and all improvements are in place, how can we better utilize them without interferring with the industrial businesses. Working with the planning commissions and councils, the zoning was refined to included in the land use, industrial, office, retail, commercial i.e. : hotel restaurants, highway services, recreation and in some cases there are private schools, churches, entertainment, and theaters in industrial parks - all utilizing the same improvements and creating a tremendous tax base for the community. Why not take advantage of land and improvements that are in place? Much of the ancillary uses 111 Se.Shannon Drive Shakopee,tAnnesota 55379 rXiop National Association of Industrial 612-0d &16 and Office Parks Real Estate•Industrial Development are "off hour" use, but they pay the same taxes as office and industrial. I realize there are many issues at hand regarding Starwood Music Center and I'm sure some are quite emotional. My answer is based on logic, experience and economics. Starwood Music Center will be a compatable use in Canterbury Park. Industrial Parks from Florida to Minnesota to California, have proven it. Thank you for your time. Sincerely, es F. O'Neill cc: Mayor and City Council John Anderson Dennis Kraft - Doug Wise D 6 f M2 James F.O'Neill 0 Company 3 Shenehon & Associates, Inc. Real Estate&Business Valuations 903 Mid st Plaza East.Minneapolis,Minnesota 55402 .(612)333-6533 July 30, 1987 Mr. Bruce Malkerson Executive Vice President The Scottland Companies 1244 Canterbury Road Shakopee, Minnesota 55379 RE: NOISE IMPACT ON SURROUNDING PROPERTY VALUES Dear Mr. Malkerson: In accordance with your request, we have studied the noise impact of the proposed amphitheater on surrounding residential property. The purpose of our study was to determine whether noise adversely impacted surrounding residential property values. This letter presents our findings, analyses and conclusions of our study. We have made a complete inspection of the surrounding neighborhoods and of the proposed music center site. Furthermore, we have reviewed noise studies prepared for the Scottland Companies by Jaffe Acoustics, Inc. and the local consultant, Al Perez. Our study of the matter indicated that the outside noise level in the worst case scenario will be approximately 35 DBA at the closest residential property. Normal background noise is approximately 40-45 DBA outside the typical residential property. The proposed highway bi-pass north of the residential area will impose a higher noise level upon the residential property than the music center. Furthermore, the existing auto race track which is situated to the northeast of the residential neighborhood imposes a higher level of noise on the subject property presently than the music center. Our experience with noise and its impact on market value is extensive as it relates to highways, airports and other special instances such as an music center. We believe that in this instance, the music center will not cause any diminution in property value to any of the surrounding houses. Similarly, we find it to be unlikely that the proposed highway crosstown will cause any diminution in residential property values of the existing neighborhoods. Sale prices and market evidence indicate that no diminution in value occurs at a noise level of 35 DBA. Appraisal • Consultation • Feasibility • Market Research 3 Mr. Bruce Malkerson July 30, 1987 Page Two A case in point is the Lake Harriet outdoor bandstand which was reconstructed two years ago. It is a large outdoor bandstand that is used .regularly throughout the summer in the Lake Harriet neighborhood. It is situated on park property which abutts an above average residential neighborhood. We do not observe any diminution in property values in this neighborhood as a result of the outdoor bandstand at Lake Harriet. The noise and congestion from the Lake Harriet theatre is far more extreme than the instance of the proposed Starwood Music Center. We have other examples of noise impact on property values that we can discuss with you individually. It is our final conclusion that no diminution in property value will occur as a result of the proposed Starwood Music Center. We have no personal interest or bias with respect to the subject matter of this analysis or the parties involved. Our analysis is made subject to certain assumptions and facts reported to us by other experts. This study conforms with professional, ethical and performance standards of the real estate appraisal practice. If you have any questions or comments after reading this letter, please contact us. The undersigned appraisers certify that they have personally inspected the subject property and surrounding neighborhood and have investigated information believed to be pertinent to the impact of noise on surrounding property and to the best of their knowledge and belief the statements and opinions expressed herein are correct and reasonable. SHENEHON AND ASSOCIATES, INC. Certified to this 30th day of July, 1987 4"x Robert J. Strachota, MAI, CRE President #..,/X. k Howard E. Shenehon, MAI, SREA, CRE - Chairman of the Board /lko -13 SCOTT COUNTY ASSESSOR COURT HOUSE 112 SHAKOPEE. MN 55379-1381 <612>-937-6115 July 28, 1987 TO WHOM IT MAY CONCERN; Since Canterbury Downs Racetrack was developed in 198 , there have been thirteen residential home sales in the immediate area. These sales took place in 1986 and 1987, and involved property located in Section 8 south of the racetrack, Hauer's 1st Addition and Killarney Hills. Also included are properties located on Dean's LaKe . The *assessment ratio for these properties shows an average ratio of 85.6%. The most current sales ratio for the entire city of Shakopee is 88.5/ according to the State of Minnesota Department of Revenue . This comparison would indicate to me that there have not been any measurable adverse effects on these sale prices from Canterbury Downs Racetrack . There has also been new plats developed in the vicinity of the racetrack since it was opened. These include Hauer's 3rd and 4th Additions and Eagle Creek Junction 1st Addition which have added approximately 140 residential parcels to the tax roles. Sincerely, Ro ert N. Schmitt Property Appraiser RNS/dh *A comparison of the Assessor's Estimated Market Value to actual sale prices. The Laurent Building 118 South Fuller Strest'.t Shakopee, Minnesota 55379 CAUREIN PRone:617/1454n45 BUILDERS,INC. July 29,.1987 Bruce Maklerson The Scottland Companies , 1244 Canterbury Road Shakopee, Minnesota 55379 Dear Mr. Malkerson, You asked me to give my opinion concerning whether or not the Starwood Music Center would substantially diminish residential property values around Dean's Lake. I am familiar with the proposed Starwood Music Center project by my review of the written plans and maps showing its location and its relationship to the Dean's Lake area. In my opinion, in light of the property already having an industrial zoning, there would be no siginificant adverse effect on the Dean's Lake area or in other areas in the City. The project is well separated from the residential area. It is my understanding sound levels are below those already existing in the area. Further, there is no reason why traffic from the patrons will enter that neighborhood. The racetrack has not caused any reduction in value. Several residential plats in the area have been developed in the past three years. In fact I have personally spoken with people who desired a building site over looking the track. I have been a real estate broker for over 10 years, specializing in the development, sale and resale of homes in the Shakopee area and elsewhere in the Twin Cities area. very truly yours, Gary 1aur nt president The Laurent Companies "Our Reputation is Building" 5uaeg --� SUPER 8 MOTEL — SHAKOPEE MOTEL 581 S Msxhall Rd. • Shakopee, MN 55M-6120G5<221 �/IAS ?r9ECEIVED "AUG 6 BV Ms, Jar;, Vanmaideghem 'CITY OF Chairwoman of rla„ning Commission SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Gear Ms. VanMaldeghem: The purpose of this letter is to express my interests on behalf of the Shakopee Super 8 Motel and as a member of the Shakopee business community. I believe that the Starwood Amphitheater project represents the highest and best use of that' property and sufficiently considers the following factors: , . The purpose of Starwood is legally possible set forth by both zoning and deed restrictions. 2, The facilities are more than adequate and supporting of the intended purpose. 3. The project is economically feasible and should strongly enhance both Shakopee business growth and community growth. 4. The location indicates the best use of that property since it is located far enough from the Shakopee resi- dential commun' tv. Thus, the locatirn stands to enhance the community rather than disturb it. These forementioned considerations support my arguments in favor of the Starwood Amphitheater project. is my hgpe that the Planning Commission: shares these interests as well . Thank you for your time. S�i/nceerrreeelly, /lk V,,. Sandal � . 'rli lliamson General Manager Shakopee Super B Note' inls pmpenY a oxnet and ace91e0 pursueN b a harcnge ap'xmeN xlln SUPE,i 8 MOfF1S INC. July 29, 1987 Jane Van Paldeghem, Chairperson and Planning Commission Members City of Shakopee 129 E. First Avenue Shakopee, NN 55379 Dear Commission Members : I was recently contacted by Mr. Jeff Siegel, Project Manager, for Scottland Companies . Mr. Siegel spoke with me about the development of the Starwood Music Center. I have been a Music teacher in the Shakopee Public School system for fifteen years. During these fifteen years, I have often sensed a need for the Shakopee students and community to be exposed to quality performing arts events. The Starwood Music Center project seems to be addressing this need. I support the addition of the Minnesota Orchestra, St. Paul Chamber Orchestra, Broadway plays and other current non-controversial performing groups to the Shakopee community. I do not live in Shakopee. However I do have friends and colleagues who reside in the area where the Starwood Music Center is to be built. I sympathize with and understand their concerns as to the effect the center will have on the quality of life in the area. Scottland has gone on record as having planned facility use and facility security to discourage unruly crowds , facility design with sound experts to assure no sound penetrating outside the performance sight and setting event performance time so as to handle traffic problems. If the Starwood music Center is allowed to operate then I would hope that the center owners are ve asures trafficpared to problemstdoepro eetolbe aeconstant£ noise or complaint of the area residents . Finally as an educator in the Shakopee School system, I would look forward to the Starwood Music Center being available for school activities. i+'s. Siegel has imformed me that the music center would welcome school group performances and possibly the develop- ment of a school music festival. The Starwood Music Center might also be able to contribute to the current State Arts Resource Center which is the forerunner of the soon to be State School for the Arts . - I thank you for your attention to this important matter. Sincerely, Stephen Pesavento Director of Bands t Shakopee Junior High RECEIVED AM 1 3 07 TO: BARRY STOCK. JOHN ANDERSON CITY OF SHAKL�P-fft FROM: JOSEPH F. ZAK SUBJ: CITIZENS GROUP TRIP TO CINCINATTI OPEN AMPHITHEATER KENNY LOGGINS DATE: AUGUST 13, 1987 BARRY, I APPRECIATE THE INVITATION TO GO TO CINCINATTI TO ATTEND AN OPEN AMPHITHEATER CONCERT WITH ROCK ARTIST KENNY LOGGINS. WHILE I WOULD APPRECIATE ATTENDANCE BY SOMEONE FROM THE CITIZENS GROUP, IT WILL NOT BE POSSIBLE FOR ME TO ATTEND BECAUSE TIME CONSIDERATIONS (AUG 20 PLANNING COMMISSION MEETING) AND THE PROBLEM OF COMING UP WITH THE MONEY (+9300) WHICH DOES NOT EASILY FIT INTO MY BUDGET AS A PRIVATE CITIZEN. THERE ARE A NUMBER OF CONSIDERATIONS WHICH I WOULD LIKE TO MAKE KNOWN TO YOU AND TO THE PLANNING COMMISSION AND CITY COUNCIL. 1. THE CHOICE OF THE CINCINATTI AMPHITHEATER FOR THE CONCERT IS PERHAPS -A BIT MISLEADING. AS I UNDERSTAND IT. . . . . . . THIS AMPHITHEATER IS 30 MILES AWAY FROM CINCINATTI AND IS ENCLOSED WITHIN THE CONFINES OF AN AMUSEMENT PARK. (KING'S ISLAND?) MY INFORMATION INDICATES THAT PEOPLE MUST PAY TO GET INTO THE PARE: AND THEN MUST PAY EXTRA FOR THE CONCERT. THERE ARE NO RESIDENTS TO DISTURB. AS I WAS TOLD THAT ANYONE WHO IS THERE IS THERE BECAUSE THEY HAVE CHOSEN TO BE THERE. IF THIS IS TRUE THEN THE FOLLOWING ISSUES ARE NEGATED: A. TRAFFIC - NO WAY TO DISTINGUISH BECAUSE OF THE AMUSEMENT PARK TRAFFIC AND NO LOCAL RESIDENTS TO COMPLAIN. B. SOUND - IF THE SOURCES ARE TRUE THEN WHILE THE CONCERT _ - - WILL BE LOUD THERE WILL BE NO WAY TO MEASURE THE EFFECT ON RESIDENTS. C. CRIME - NO WAY TO DISTINGUISH FROM OTHER COMPLEX CRIME UNLESS IT OCCURS AT THE CONCERT. - - - 2. THE CHOICE OF KENNY LOGGINS AS A REPRESENTATIVE ROCK ARTIST IS SUBJECT TO DEBATE. I DON'T KNOW ANYONE WHO WOULD CONSIDER HIM AS _ REPRESENTATIVE OF THE KIND OF TALENT CAUSING TROUBLE IN THESE _ CENTERS.. HIS MUSIC IS RECOGNIZABLE AND EASILY LIKED. BUT WOULD - YOU -CONSIDER SOMEONE WHO HAD HIT RECORDS FROM THE MOVIE - -- --- "CADDYSHACK" AND "TOP GUM' AS A PROBLEM? - b. TO BALANCE OUT THE VIEWPOINT, I REQUEST THAT YOU ALSO ARRANGE ATTENDANCE FOR ANOTHER CONCERT TRIP ON WEDNESDAY AUGUST 19, 1987 TO THE ST. PAUL CIVIC CENTER FORUM TO SEE THE " PSYCHEDELIC FURS" WITH SPECIAL GUEST "THE CALL". TICKETS AVAILABLE AT 075-2997.AT $14. 50 PER TICKET. PLEASE LET ME KNOW WHEN THIS HAS BEEN ARRANGED AND THE MEMBERS WHO WILL BE ATTENDING SO WE CAN ARRANGE A CAR POOL OR OTHER METHOD OF GETTING TO ST. PAUL. (AT HOME 445-8828) 4. PLEASE HAVE COPIES OF THIS DISTRIBUTED TO ALL THE ATTENDEES HEADING TO CINCINATTI. AND IN THE INFO PACKETS OF THE CITY COUNCIL AND THE PLANNING COMMISSION. 5. THE CITIZENS GROUP WILL ATTEMPT TO HAVE. A REPRESENTATIVE .. AND I WILL LET YOU KNOW IF WE CAN AFFORD TO SEND SOMEONE. FRANKLY, THERE IS NO WAY THAT THE LOGGINS CONCERT WILL BE A PROBLEM AND I WOULD HAVE ENJOYED THE CONCERT AS MUCH AS THE ATTENDEES. SINCE WE MAY NOT BE ABLE TO ATTEND IN CINCINATTI THE LOCAL CONCERT WILL HAVE TO DO. BARRY, THANK YOU FOR YOUR HELP ON THIS. JOYAK CITIZENS AGAINST STARW00D AMPHITHEATER TO: JOHN ANDERSON CITY ADMINISTRATOR, SHAK:OPEE AIN FROM: JOSEPH F. ZAK CityW 1 j�BI SUBJ: A GLIMPSE OF THE FUTURE OF SHAK BLOSSOM MUSIC CENTER, CUYAHOGA. FALLS, OHIO �PFF DATE; AUGUST 13, 1987 ! JOHN, THE ATTACHED MATERIAL WAS SENT TO ME FROM E.KEITH HAAG, ARCHITECT AND RESIDENT LIVING NEAP. THE HIGHLY RESPECTED BLOSSOM MUSIC CENTER IN OHIO. SINCE ' THIS PLACE HAS BEEN DEFENDED ENTHUSIASTICALLY BY FACTS FROM THE DEVELOPER AND . MY OWN INFORMATION FROM THE LOCAL NEWSPAPERS IN CUYAHOGA FALLS (MY PACKET OF . FACTS) VIRTUALLY IGNORED BY EVERYONE, I REQUESTED MR. HAAG TO SEND ME THE MINUTES OF HIS CITIZENS COMMITTEE MEETING AT THE BLOSSOM CENTER. I DO NOT KNOW IF DIRECT TESTIMONY OR THE ACTUAL MINUTES OF THIS MEETING (ATTACHED) QUALIFY AS FACTS BUT I WILL PROVIDE THE FACTUAL PHONE NUMBERS OF THIS GENTLEMAN AND - OTHERS WHO WILL TESTIFY TO ITS AUTHENTICITY IN" REAL LIFE". I HAVE SUPPLIED A COPY OF THESE DOCUMENTS AND THIS LETTER TO THE SHAKOPEE VALLEY NEWS AND WOULD EXPECT SOMEONE FROM EITHER THE PLANNING COMMISSION AND/OR THE CITY COUNCIL TO FOLLOW-UP ON THESE FACTS. I AGREE WITH EVERY STATEMENT THAT FACTS NOT RHETORIC ARE NECESSARY IN THIS PROPOSAL. PLEASE NOTE THAT BLOSSOM IS NOT THE LOVELINESS THAT HAS BEEN PORTRAYED, AND IS DEFINITELY DIFFERENT FROM OUR PROPOSED SITE AS STATED BY MR. MALKERSON AT OUR. MEETING. IT IS 640 ACRES DONATED BY A MRS. BLOSSOM AND IS SURROUNDED BY FEDERAL LANDS SOMEWHERE IN EXCESS OF 1600 ACRES.WE HAVE 86 ACRES SURROUNDED BY THE TRACK AND COMMERCIAL PROPERTY AND. . . HOMES TO THE SOUTH. THE HOME ON THE BLOSSOM GROUNDS IS APPARENTLY THE TRADITIONAL HOME OF THE MANAGER. THE HOUSES ARE AT LEAST A MILE FROM THE CENTER WHICH IS LOCATED IN THE MIDDLE OF THIS COM. LEX. .OTHER: THE WESTFIELD INDIANA CENTER HAS BEEN PROPOSED TO THREE OTHER CITIES 'EFORE ARRIVING IN AN IND'U'STRIAL PARK IN INDIANAPOLIS. _T IS MY UNDERSTANDING THE PROPOSAL IS BEING FOUGHT ON THE GROUNDS OF BEING T00 CLOSE AND A DISTURBANCE TO THE ZOO. MR. KEITH HAAG - MR. RON MEYERS EVERETT FORD P.O.BOX 1147 948 STEELS CORNER ROAD 2629 STATE ROAD CUYAHOGA FALLS, OHIO CUYAHOGA FALLS, OHIO 38 EAST 44223 44223 WESTFIELD, INDIANA 46074 216-q23-6863 216-923-6272 317-877-8008 RICK/AUDRA. HOLM REV JAMES SOUTHERLAND SGT KOLLAR,BLOOMINGTON 8900 MCCOLL DRIVE PRES, UNION BIBLE COLLEGE IN CHARGE OF MET CENTER SAVAGE, MINNESOTA WESTFIELD, INDIANA 46074 BLOOMINGTON,MINN 445-3556 317-896-9724 887-9600 JOHN, REQUEST THE FOLLOWING: all Il - THAT COPIES OF THESE FACTS ARE DISTRIBUTED AND MADE PART OF THE INFORMATION I'JEN TO THE PLANNING COMMISSION AND THE CITY COUNCIL. (ALL MEMBERS OF BOTH ^CUPS) THAT SOMEONE FROM THE PLANNING COMMISSION AND THE CITY COUNCIL DE _SIG:"- A':=D TO CONTACT THESE PEOPLE AND TO VERIFY THEIR ATTITUDES AND PROBLEMS ONCERNING THEIR MUSIC CENTERS. JI WOULD PREFER FOR THE PRIVACY OF THESE PEOPLE THAT ONLY DESIGNATED :EMBERS MAKE A SCHEDULED Cry'-L AT A TIME CONVENIENT TC ALL PARTIES. PERHAPS A ]ONFERENCE CALL WOULD BE THE BEST TO HANDLE MORE THAN 2 PEOPLE. ALSO THAT A ,RE-CONFERENCE CALL BE MADE TO ARRANGE THE TIME AS I HAVE NOT REQUESTED THIS 1OURTESY FROM THESE PEOPLE/ - AM ON "VACATION" THIS WEEK AND CAN BE REACHED AT HOME --445-8828 TO ARRANGE -HESE CALLS IF YOU SO DESIRE. . PLEASE REMIND EVERYONE THAT THESE PEOPLE ARE LIVING WITH A CENTER OR HAVE )EFEATED A. PROPOSAL TO HAVE ONE. I HOPE THAT REAL-LIFE PEOPLE WOULD BE vONSIDERED AS FACTUAL^^ JOHN, THANK YOU FOR YOUR HELP. SO ' F ZAK CITIZENS AGAINST STARWOOD AMPHITHEATER (CASA) 3 m n m N N_ August 7 , 1987 ro N Q Mr. Joseph Zak c 5371 Eagle Creek Blvd.. 7 Shakopee, Minn. 55379 O U5 a Dear Mr . Zak: LL Enclosed are a series of letters, memos and minutes of meet- CD p ings that I thought may be of help in your windmill tilting. S > I included some of the meeting minutes because I think, once U you review them, that there will be a strong indication that • even the Blosson adminastrative people recognize that their < operation has been a terrible imposition on the neighborhood. x I hope the information is of some use to you. O W p Please let me know if I can be of further help . d V Sincere , W 2 Keith Haag . LL O Q Q F W Y W Cleveland Orchestra Severance Hail 11001 Euclid Avenue Cleveland, Ohio 44106 Attention: Kenneth Haas, General. Manager Dear Mr. Haas, This letter concerns Blossom Music Center and some problems we are encountering periodically with your operation. We are your neighbors to the east; contiguous to your ,.overflow park-. ing area and in the path of -automobile _ingress and egress to and frons the Center. We have, in general , been supportive of the Center; both vocally and, until recently, financially. There are many sacrifices we and our neighbors have gladly made in order to have the privilege of such a fine facility in our community. Unfortunately, on certain nights of your season, the com- munity ss no longer ours. The moralfabric of our society in America (even more so in small , rural areas such as ours) depends on mutual respect for property and person. We are not well enough acquainted with the entertainment industry to state which of the groups you invite to perform are the cause of our problems. However, on a number of _ usually predictable evenings, this coveted respect is non existent. Our community looks like it had been turned into a temporary battleground. Please reflect on how you would personally react if you were confrontedwith any of the following: .HAing your driveway light post used as a urinal while were entertaining family and friends? ng _ confronted with- abuei ve and profane language while empting to exit from your driveway? aving a half bushel of trash in your front yard includ- .ing broken glass ? EYlaving. a newly born calf stoned to death? - Having to arrange al l . of your social events around the Center 's schedule? 9� urns blowing and sirens blaring until two O'clock in ` morning? p.ng people knock on your door in the middle of the ht asking to use the bathroom or phone (last week, Kntruders left in disgust' after no one answered the door. Our door knocker was ripped off the door and !thrown at the window. This happened at 1:30 in the horning while my wife was home alone. Would you be as ir erant?) ing police and fugitives running through your yard shing lights and wielding fire arms in the middle the night? song your tennis court with friends and have co-ed dthroom sessions going on a hundred and fifty feet away? stening to the most profane and ugly language imagin- le being yelled at the top of the lungs both while ntering and leaving the Center sometimes until two or .three in the morning? P t-,Seeing so much refuse strewn across the Center's Tend the neighbor 's properties that it takes dozens of Vople all day and sometimes two days to completely clean up the trash? ,Having people throwrocksat your pet? `F1ave your mail box or paper box ripped down? 4S.,e your driveway light fixture smashed? groupies" using the area for a campground and drug distribution center? aFA''Having automobiles either drive over or around the bar- '�ricade the Center provides; drive over your lawn and, .:when the weather is bad, cause considerable damage^ Is this society and community at its best^ We are more than willing to tolerate heavy traffic and some inconvenience. We all know the Center is booked beyond its legitimate and practical limits at times but are willing to accept this an occasion. It is the absolute and utter disregard for all the things that good citizens hold dear that are appalling and disgusting. - Every year we are told that next year's schedule will include more responsible programming. It has not happened yet ! Our plea is to for you to reconsider the caliber of enter- tainment you will be scheduling for the Center 's next season. I cannot speak for my neighbors, but if Blossom Center cannot be the citizen it promised to be in the beginning, then we are personally committed to devote a substantial amount of time to get the problem solved. We can and will exert what- ever- legal and/or politicalpressurethat may be at our dis- posal to rectify the impositions that you have caused A meeting between blossom's Board members and managers and some of the neighbors might be of some value. We would like to assure you that we are very upset but not unreasonable. ?lease put yourself in ourplace when you begin to plan next seasons schedule. I ' - Sincerely, V /QyJ 4-� Eleanor and Keith Haag 1 WWW f1 CC: Chris Faulman Kenneth Haas Ward Smith Alfred Rankin Claude Blair James Reid Mrs. Dudley Blossom Jr. . 7 Blossom Committee Meeting Wednesday, November 12, 1986 3:00 PM Blossom Music Center In Attendance: Mayor Don L. Robart Chris Fahiman, General Manager, Blossom Music Center George Potts, Councilman-Elect Ward 8 Roger Vanaman, 3816 Northampton Road - Jim Hudkins, 1220 Hudkins Drive Opening Remarks: Mayor Don L. Robart Mayor Robart stated that he is open to any and all suggestions. Feels confident that next year will the the best ever as community accepts Blossom. An ordinance went through Council to hire 12 part-time police officers to organize task force at Blossom; reasonably sure it will pass. The Mayor feels that Blossom has been very cooperative and feels that we have a good relationship with them. _Opening Remarks: Chris Fahlman, General Manager Mr. Fahlman is also willing to do whatever possible to correct the problems resulting from Blossom Music Center. Topics Discussed: "Home of the Cleveland Orchestra' Mr. Vanaman: Stated that back in 169, everyone was told that Blossom would be the home of the Cleveland Orchestra; a thing of beauty. Mr. Fahlman: Blossom would never be able to function (financially) if they were to schedule only the Cleveland Orchestra year-round. Residents Around Blossom Living In Fear - Mr. Vanaman: Feels that it is a shame that the people around have to live in fear. Although his house has never been broken into, his -yard has been damaged. He stated that he refuses to be a captive -- - of his own home at night when concerts are taking place. PAGE 2 Extended Season Originally to be opened at the end of June and close at early September. This year they opened May 31st and the last concert is scheduled for September 21st. The complaints from residents are exaggerated; "concerts every night." Ticket Sales - Night Before Blossom plans on having a designated area on their grounds for people lining up to buy tickets when they goon sale the following morning, to keep them off-of the main roads and eliminate complaints. Residents are saying that too many people are there, have nothing to eat, no proper bathroom facilities, looks like campgrounds. Blossom does provide bathroom facilities, and they really don't feel that they have a problem in this area. This problem can be handled by bringing all cars onto their property. Blossom Hotline (manner in which answered "good neighbor policy") Blossom has a hotline which residents can call if they are having a problem; residents are complaining about the manner in which the line is answered ("Security"). However, when they call in, they usually want someone from security, so now the line goes directly into the security office or to another line if no one is there. One of the neighbors has every possible phone number into Blossom, including one of their home phone numbers. The residents feel that their calls are a waste of time because someone isn't at their property the minute they call; but sometimes it's just impossible for someone - to get there right away. Blossom Scheduling (Closed house nights) Blossom's schedule changes on occassion, and it's next to impossible to notify everyone about a change. Decided that changes in events should be called into the City Building and calls handled through here. Traffic Problems Problem at O'Neil Road and Blossom Road; should be stop sign put up on Blossom Road because people on O'Neil is a private road and they do have the right of way. During concerts, there is a guard thereto control traffic, but during the day there is nothing and there could easily be a collision.. People pulling out of Blossom to 'the right. (toward the Valley) don't - know where they're going and everyone wants- to be in the left lane coming out of Blossom. Directional signs will be put up going toward the Valley so people will know where they're heading. PACE 3 Suggestion made to expand Steels Corners Road. Could stop .the traffic! line-up coming into Blossom .for concerts, and eliminate all of the activity of people getting out of their cars while they are waiting. • (The activities are more noticeable coming into Blossom, because it is still daylight.) The crowd coming into Blossom is usually not all at once, they come at different times. But it all leaves at the same time. Blossom has about 60 guards working to move the traffic onto/off of the grounds. Speed limit on Steels Corners Road was changed from 45 mph to 35 mph. Even at 35 mph the traffic is still moving close to 50 mph, and if changed back to 45, they would probably go close to 60 mph. _ Hard problem to solve. Complaints from people about not being able to turn onto Northampton - Road while they are in the line of traffic moving into Blossom. Guards have to be trained better to let the traffic turn if they want to if they live in that direction. - Rock Concerts Create "Time Limits" for Private Activities Residents don't want to have events at their homes during Blossom concerts because of all the traffic; their guests can't get through to their homes. There is really no resolution to this problem unless the guests plan on coming and going while the concert is going on and the traffic is settled. Damage to Private Property More signs should be put up on littering because the people think nothing of throwing junk out of their cars. So much time shouldn't have to go into cleaning up the mess the following morning after a concert. Blossom clean-up crews always clean up the resident's areas before they clean up their omi grounds. . More enforcement and reminders are needed to make these people stop doing these things. Possibly more police officers could be hired during summer months and be assigned to Blossom to start enforcing the law more strictly and eliminating some of these problems. Complaints are damaged mailboxes, trespassing, stolen property (lawn equipment), fireworks, using resident's lawns as bathroom facilities, etc. There should be more people on foot catching people doing the bad things they are doing while the traffic is sitting waiting to get out of Blossom. Noise Residents are also complaining about how loud the music is at Blossom. Actually not much louder than someone having their stereo turned up too loud. Problem can probably be controlled. PAGE 4 Murders/Rapes C. Need exact figures on exactly how many murders/rapes there have been • at:Blossom in the past 18 years. Considering the size of the crowds, the problem is not that big. The problem is no bigger than at a football stadium or at any other event where there are hundreds of people. The public is going to have to be allowed to talk and get all .the problems out in the air; then advised exactly what Blossom has done to resolve these problems, and what they have yet to do. TO: Mayor Don L. Robart Frank Fela, Finance Director Jerry Pursley, Law Director Chris Fahlman, General Manager, Blossom Music Center George Potts, Councilman-Elect, Ward 8 Mr. Roger Vanaman Mr. Jim Hudkins .-Mr—Keith-Haag- NEXT BLOSSOM COMMITTEE MEETING: Thursday, December 11, 1986 3:00 PM Blossom Music Center-Administration Office Blossom Committee Meeting -.- Thursday, November 20, 1986 3:00 PM Blossom Music Center In Attendance: Mayor Don L. Robart - Chris Fahlman, General Manager, Blossom Music Center George Potts, Councilman-Elect, Ward 8 Roger Vanaman, 3816 Northampton Road Jim Hudkins, 1220 Hudkins Drive Opening Remarks•. Mayor Robart brought up the issue of hiring 12 part-time police officers and the problem we are having with the members of City Council; doesn't think it will be passed. Discussion on using Northampton Township police officers - decided against it. Mr. Fahlman suggested that Blossom can use Summit County Sheriff's Department to handle the traffic problem at Blossom, or possibly putting a full-time officer and a part-time officer together. Traffic Problems Mayor Robart: We have to figure out what our problems are and decide what our short-term and long-term goals are. There are some things that cannot possibly be handled this year (e.g., widening Steels Corners Road). A big portion of the problem with people stopping could be almost eliminated if we could solve the problem of iny:ess and egress. - Mr. Vanaman: Doesn't feel that the problem is widening Steels Corners Road, it's getting the people into the parking lots. Mr. Fahlman: Should try making Steels Corners Road three lanes by - - using cones. Before concerts, two lanes in and one out. Afterwards, two lanes out and one in (move cones). _ Looking into the possibility of putting in another parking area at Blossom. Thiswould divide the traffic going in and coming out of Blossom and possibly prevent the confusion of traffic after the concerts.- - - -- PACE 2 Noise Mr. Vanaman: They never used to be able to hear anything from Blossom. Only heard screeching of tires, etc., from traffic. It's been within the last couple of years that the noise has been getting worse. He stated that he can shut his windows and still hear thncerts. Mr. Fahlman: Some acts bring their own equipment; they all want to be the biggest and the best. The acts control all of their own sound and sometimes crank it way up. The lawn system that Blossom has,is sometimes turned off if the performers turn their systems up too loud. Blossom has speakers on the outside beams of i the-pavillion that are up high and the noise bounces off the tops of the trees, which is why the neighbors can hear it. They are thinking of tilting the speakers facing down so the noise won't be so bad outside of Blossom. Atmospheric conditions - have a tremendous amount to do with noise. Concerts Mr. Vanaman: Feels that Blossom should be a little more careful in choosing their performances. -Mr. Fahlman:. Flt is sometimes hard to determine whether a group is going -~"- - _¢ to be "rowdy" or not. Some of them you can - the hard rock i. and rollers. The group Grateful Dead was highly requested. by the public. Had "groupies" camp out at Blossom; sent them to nearby campgrounds, but they weren't wanted there either I because those campgrounds consisted of families. Blossom -.set up portable toilets for their use, but were then harrassed by the neighboring residents because they were allowing people -to camp out there. Thinking of taking all of the rowdy concerts to the Colliseum. -Their biggest selling concerts have more traffic problems than trouble. !Drug consumption takes place at Blossom, but if also takes place at football games and other places where a lot of people "-congregate. - -- _There are 35 facilities around the U.S. similar to Blossom Music Center. Mr. Fahlman feels that we should keep in contact with :r•:.these facilities to get their opinions on the good acts/bad acts. 3 - Concert -Concert Problems Mayor Robert: -•Noticed at the AC/DC concert the terrible littering problem. We have to start cracking down on these kids and showing -them that they can't get away with this. If these problems -aren't solved, then we're just saying that what they are 'doing is O.K., and it just isn't right what these kids are Hallowed to do. 0 Mr. Fahlman: Blossom has spent thousands of dollarsto.get trash picked `s up.Me'need to teach these kids some manners or penalize-m them. Should start giving out tickets ($150.00) which can be waivered- if they don't pay the fine, they will be hauled in. We have to prove to them that enforcement will be made to their errors, and hopefully they will stop _ doing these things. Mr. Hudkins: With such a big crowd, people may start getting rebelious. Mr. Fahlman: Feels that people will cooperate; they don't want to lose Blossom. Radio stations can be abig help in putting "peer pressure" on these kids. - -- k Mr. Potts: The drinking in the can in the parking lot has got to be f-' stopped. Mayor Robart: LMost of the kids are pretty well messed up before they even get to the concerts. But it's the same way anywhere there's a big crowd. - V, Mr. Vanaman: Commented on how the police will let the kids drive by drinking and driving, but just let one of the residents do something wrong- and the police are right on them. t Mayor Robart: We shouldn't criticize Mr. Fahlman on the bands he brings ' into Blossom; we should commend him on the bands he could schedule, but doesn't. Mr. Fahimam Some concerts are extremely good, then when brought back the next year something may happen to ruin it for them. We could eliminate the worst concert each year and possibly replace it with a band that's even worse. Eventually, we may get a concert in that will satisfy everyone. Sometimes thenameof the band can give them a bad reputation (e.g., AC/DC). - Mr. Vanaman: Residents are opposed to all of this rock music because that was not the original intent. - - Mr. Fahlman: People were not told the the truth at the beginning of Blossom, but he was not one of the originators of Blossom. Jre. Mr. Vanaman: vIf anyone would offer to buy his home, he would sell for sure. - Blossom Committee Meetina Thursday, December 11, 1986 2:30 PM Blossom Music Center In Attendance: Mayor Don L. Robart Mr. Chris Fahlman Mr. George Potts Mr. Keith Haag Mr. Roger Vanaman - Mr. Jim Hudkins - Mr. Haag: He and his wife are not bothered by the noise, traffic, or the number of cars; what really bothers them is the quality of the people and the littering;'- Would ittering;`Would love to find a way that Blossom could use the facility in another way to eliminate the bad 1/2 dozen? concerts each year. Mr. Fahiman: ;This committee was organized to find out what the 'community-Is-willing to do. They would really like to find other uses for the facility in the months that f.-- it is closed (Octoberfest, Winterfest, etc.). .. Mr. Haag: Recommended putting in a really nice restaurant and an inn at Blossom and make a weekend package for the public; make it a year-round facility. It may ease up the feeling people presently have of Blossom and it would probably bring in a better crowd of people. Suggested making a conference center during the week and a recreation area during the weekend. Stated he is willing to work with Mr. Fahlman on any ideas he may have. Might be a good idea to send out an R.F.P. to developers and get ideas on what could he done with land presently not being utilized. Mr. Fahlman: -.Stated that he'triesto book concerts that will get people to come from all over the country; however, there is really nowhere nice for them to stay. 2 _ Mr. Fahlman: Committee has discussed providing improved parking lot that could take over current grass lots. Could have new parking lot in by mid next summer, but we still need to hire a professional traffic consultant to do a survey to determine where the problem lies. Mr. Haag: Suggested making a Cleveland lot and an Akron lot so there wouldn't be such a confusion coming out of Blossom after concerts; or perhaps sorting cars coming before concerts instead of after. Mr.Fahlman indicated that it is easier to sort cars going out than coming in. Suggested contracting a radio station to give people directions on where they are going around Blossom. rQuestioned how many cars were at Blossom on a busy night ':'-Mr. Fahlman indicated about 9,000. Suggested that new lot could possibly be for people - coming out of Valley. Mayor Robart: Suggested charging a parking fee for new lot to get back the expense to the city. The entire committee agreed that making Steels Corners Road three lanes was a good idea and definitely worth a try. Mr. Fahlman: Thought by making Steels Corners Road three lanes that we would have to reduce the speed limit back down to 35 mph on concert nights. However, we have to check this out with the Law Director because we probably couldn't post a 45 and a 35 mph sign. Mayor Robart: Thinks that some of the concerts (Grateful Dead) bring but the worst in some people. Mr. Fahlman: Kids are getting involved with a group that they usually wouldn't get involved with and they are doing things that they may be ashamed of the following day. 3 - Mayor Robart: We should have come to some conclusions and should send out notice in April or May that we are having another public hearing and notify all individuals where we stand on Blossom problems. Mr. Fahlman: Suggested sending out notice to residentsin February to give them an idea of what decisions our committee has made. - Mayor Robart: Thinks we would be better served hiring a task force to handle the external problems at Blossom. We could put them in areas where we need them most and have them do exactly what we wanted them to do. Thinks it would be better than having the entire Cuyahoga Falls full-time police force handle it. However, the full-time policemen don't want part-time officers coming in and taking what they could have as overtime hours. At present, we are just waiting to see what City Council is going to do regarding this subject. NEXT MEETING: Date: Thursday, January 8, 1987 Time: 3:00 PM Place: Blossom Music Center _Blossom Committee Meeting - Thursday, February 5, 1997 In Attendance: Mayor Don L. Robart Robert Kerr Police Chief Donald Smith Chris Fahlmaa Lynn Morabith George Potts _ Dick Worthing/KS1l Tom Barber/KSTJ Keith Haag Jim Hudkins Mayor Robert commented that we must organize an exact list of what we are planning to do to improve the problems at Blossom this year, to present at the public hearing. Mr. Fahlman stated that the public hearing shouldn't be a gripe session like thefirst one; we should tell them what we are planning to do and that we would welcome any comments. - Comment was made by Mr. Haag that the head table at the public hearing should consist of a representative from Blossom, one from the City, and one for the citizens. The entire committee should report on the accomplishments instead of just having one spokesperson. Traffic Mr. Fahlman informed us that he has!jttred an outside individual (engineer}: Yo do the traffic study at Blossom. He should have his report completed anV'"t'! back to us sometime in March. Then it will be easier to decide what we're going to do. . . Mayor Robert remarked about the Washington Airport — they have three lanes of traffic and each lane angles off in different directions; no one really comes to a complete stop. There were enough signs put around ' to let people know where they were going. Commented about the Coliseum - maybe it would be a good idea to get more personnel directing traffic into Blossom. - - - -- Mr. Haag commented that the reason the traffic is backing up on Steels Corners Road is because the cars are, backed up oa;Blossom grounds. - - -- Lynn-Morabith stated that.she has met with the traffic consultant and they have discussed changing the way they park the cars coming into Blossom. They usually bring them all.the.way in and fill the paved lots first; they are..., now thinking of filling the grass lots first aa4thea bringing the cars is ta.- the closer lots. They will also try filling the grass lots pn both sides at the same time. PAGE 2 Mr. Hudkins asked Mr. Fahlman if he has talked to his superiors regarding the new parking lot. Mr. Fahlman indicated that it was a big step, but they are going about it in the right way. Mr. Haag stated that the Sberiff had indicated that 40-50% of the traffic is coming from the Valley and he feels that the new lot would make a big difference. Mr. Fahlmaa stated that Blossom grounds are underdesigned for the mowds they get. Mr. Potts asked how hard it would be to put the new lot in as a grass lot. Mr. Fahlman indicated that it would be too big of a job. Mr. Hudkins wondered why it was such a big job; money or work? Mr. Fablmaa stated that it was a combination of both. Mayor Robert stated that the City could provide the money for the new lot, but there is too much work involved.' Mr. Fahlman indicated that the property would have to be transferred over to the City and would have to have approval from the Park system - he doesn't feel it is a reality for 1987, but they will proceed as fast as they can. Mr. Kerr indicated that the City is in the process of putting in a 9-hole golf course which they started in 1985 and it won't be until 1988 that anyone could walk on it. Mr. Hudkins stated that he bas seen engineers put things in on air strips _ in a very short period of time. Mayor Robart stated that the traffic study should handle all aspects of our traffic problems. Chief Smith stated that the City would be handling the signs needed at Blossom. Mayor Robart feels that by putting more signs up denoting the same thing throughout Blossom would help people determine which lane they need to be in before they get right to the exit, and they could just keep moving. Mr. Kerr indicated that the City (Street Department) could make any kind of sign that Blossom wanted. He also indicated that it would probably be a good idea to put up arrows at intersections. Mayor Robart stated that prior to making signs, we, as a group, should sit down and decide exactly what the signs should say. Terminology will make a big difference to the people. .. Mr. Kerr indicated that we shouldn't put too many signs right around Steels Corners Road because people may decide at the last minute that they are in the wrong lane. Alcohol & Drug Abuse. Mr. Fahlmaa feels that Blossom does have a long-standing and pretty consistently improving program. :They started out with a policy of "no cans grbottles permitted' and gave the people "pat downs" to make sure they weren't.carrying anything on.ibem.-. Also indicated that the Coliseum charges for parking and in return they give the people slips of paper that denote "if _ fou drink and:dr ve.you�osr„-hayourdife.,::Blossom mally does-want to make some improvements on bevior:-Mr.Fahlman feels that Blossom and Cuyahoga - F�klls are,in a-..unified_positiont.me sbouq find out what or3iaaaces.we have - and present them at the puplic bearing.Ta he City can nnounce what laws .11 be enforced and that.Blossom fully agress with it., PAGE 3 / Mayor Robart indicated that Chief Smith could talk about the open container law at the public hearing. Chief Smith stated that the law used to be that you had to be drinking from an open container, it made no difference whether you had one open and sitting in your car-you had to be seen drinking from it. Now you can't have an open container at all. Disondly Behavior of Coacert-Goers _ Chief Smith has talked with the Law Director and they do have 7 or 8 misdemeanors which will be enforced. He feels that if someone at Blossom sees someone else getting a summons, it may have some impact on them and they may think twice about doing something wrong. Any property or evidence that is confisgated will be put in the cruiser's trunk. Mr. Fahlman asked what the typical fine is that can be waivered. Chief Smith indicated that it will probably be around $50.00. Chief Smith also stated that V of his police officers have signed up for extra duty at Blossom this season. Of - them, 18 will be chosen. T3ere will probably be three groups of 6 -possibly bring them out here and tell them exactly what we want them to do. Mayor Robart stated that if these officers don't work out, we can go back to Council and request the part-time police officers once again. Mr. Fahlman indicated that the radio stations will cooperate this year by-applying "peer pressure" on the concert-goers - tell them certain things that they will have to stop doing. Chief Smith indicated that we should also 16orporate PM Magazine. Noise Mr. Fahlman stated that there is a portion of the noise that Blossom i can control - the sound system in the lawn. The bands bring their own sound systems and control it themselves. Blossom can control what they can control- They have greatly improved the sound of the speakers on the poles of the pavillion because people on the lawn were complaining that they couldn't hear the music out on the lawn. Blossom can turn those speakers off. He stated that he has no control over some of the sound. Accomodating Local Residents Mr. Hudkins presented a "hang tag" which he had designed that could possibly be used for the residents stuck in Blossom traffic. He stated, however, that we should be very discreet as to who we give these tags to -should be residents only. Mr. Kerr stated that he felt Akron U's idea of "hang tags" is good-you can hang them on your rear view mirror and put them in the glove box when you don't need them. Mr. Haag stated that there should be an emergency hotline at Blossom and also an informal hotline. The informal hotline could just be a recording - - - --- -for people who are inquiring what Blossom's schedule is. He felt that it is a better idea that a flyer to be mailed to their homes because they might not be able to find the flyer when they need to know something. Mr. Potts stated that the residents he talked to thought the hotline that Blossom has always had was totally worthless. He feels that someone should just take the time to listen to these people because they may have possible solutions to the problems. PAGE 4L/fr- - 1 Mr. Fahlman indicated that he should be the first to hear criticism - - - instead of being the last one to know about it. Mr. Potts stated that there are some people who are just chronic complainers who will complain about the Cleveland Orchestra or AC/DC. We should try to identify these people. Mr. Potts brought up the 175th Anniversary Celebration - it should remedy some of the questions people have regarding Blossom (where it is; what do they do?). They are trying to get the Cleveland Orchestra for that evening and also have an enormous fireworks display planned. Mayor Robert wondered if we could make up some sort of outline to hand out to the people at the public hearing stating what the committee has decided on to remedy the problems at Blossom. Mr. Haag stated that it would be alright as long as it didn't look like a contract. We can't list something that will be done if it won't be. The public hearing is scheduled for Thursday, February Z6, from 7-9 PM at the Town Ha11 .MEMORANDUM TO: BLOSSOM COMMITTEE _ - PR: K. HAAG - - DT: 01/30/87 RE: - PROBLEM AREAS In order of MY priorities, I feel the following problems need to be addressed: 1 . Caliber of people attending 2. Traffic , - -3.. Noise - Traffic related 4.- Trespassing 5. Trash - -. .6. Noise - From entertainers - Also in order of priority, are my suggestions on possible - solutions to the individual problems: - - Caliber of people attending: ,, Better-•surveillance-of the parking 'lots to-control drug _.,,.., ._.... .. ......�..,. ..,v,.,,,ara@ 'sing.-. .: _ "Better.control over scheduling - do not encourage the F`groupi=known to attract telated audiences. ,Encourage medfa. to make concerted effort to downplaythe _ aIlure and acceptance of the drug culture Traffic: - Devise ways to disperse cars more quickly after entering Blossom property. (opinion: Steel Corners Road will _ handle the traffic as is , if the bottleneck. after cars enter is solved) . Add parking lot to vest of main entrance to collect autos coming from ,the valley. Build turn-out lanes to allow faster movement into - - Blossom property. Cars ought to be able to maintain 35 to 40 mph_ without decelerating until a parking space is assigned.. _ - Develop some system that parkers will park. in area related to their exiting destination. This would allow steady flows in given directions without crossing traffic and other confusing, time consuming maneuvers. Noise' - Traffic related: - - • Items- under Traffic will alleviate much of this problem as faster movement will reduce time to cause. commotion. j - Trespassing: No suggestions; however, better caliber of people prob- ably would not present as serious a problem as has been encountered.. Trash: -Issue citations. - Add to media information noted above.- - - " Summary: Primark atteatidp'neede be -focused 'on attracting"_d ecent people„to ':the. Center. One area of the Committee ' s discussions focused on additional season dates and expanding of attractions to build higher income base so the undesirable ,groups need not beencouragedbecause of the needed income. In my opinion, and I think the Committee 's also, is this would be a fair tradeoff to a. higher caliber of attendees. - - A GOOD internal traffic study and implementation thereof is - essential to moving the traffic from Steel Corners Road into and from Blossom upon exiting, in an efficient manner. Entertainer 's noise , to me, is not the major problem. But, understand how important it is to other neighbors. v+"".:,. Jack..nuersvn........__..........._.....4 leader of productlon warken at We is u« Is not bell[[lug for la) rcvolotlon- Obituaries..._......__._.........___.8 Armco Inc. Middletown Works Bays - Ary.like myself to sit beside these S rts...................._......22-29.24.25 members, were voting overwhelm- puppetswhorecognizelerael." y� ighlights.....,_.............,.....97 Ingiy In favor of a strike, but two d '. In this hall, there are puppets Town and County._............_.......40 days o[voting remain. ;and there are spies.Those who rec Want Ads_.._._...............25 thm 96 ral mediator is W meet with both edea today In an �. Coatlnaed an Page t,Col,4 effort to avert what would be the a first strike in the 86-year history of Blossom Center Neighbor'Testifies the steel mill. Bayy Back,president of the Armco 1 Era Ry Independent Federation, '41 eaid voting appeared to be running tP Bock Music Makes s Ir' a 95 percent In favor of a walkout. ran },r- - "I had expected pcopi< to vote In Unpleasall Ohioan Fells$oard 5, voting booths, but they are doing It �7' E .. .. ..,r....._ s- ... out.in the open in front of every-„ate a BY HRiS B.MAMO[.A The Intruder Wen dpped-a_doork.:. body,"said Back,who reported that Eagie Sinff Reporter .cocker off lu'.momtlng and ebat- same 2,000 of the 9,900 members zes voted on first day Wednesday. When rack concorts are held, llfa teredawlndow with It voting continues shifts todayfl, near an outdoor summer theater H Today, a sheriff stands sentry B [ w near' 9-km .a Betels ezPcot.aia .,rmPheasant aod.sometion-Irlgh +Haa$R r to.Wfal the ballob Friday evening 'dng, anObio,6mah .told:t]b-,Ada _ ,rhe said<:byrecraclren•'ead^' sap 3 _ t car yortm'sra other diwp• Wmeterm Ina whether to strike ata elO ,m a Township Zoning%Hearing Board. . last fight at the Masonic:Hell in -- FThe steelmaker said It pisco to L� p4 Mere. COh m,cga Made Keith Haag. of Cuyahoga Falls ' PIWbr:rgb rnncecoonprtarePdromoter Pat use supervisors he a is a strike, ik er but tod OR 'Lt - an outdoor Ohio,a wifq toyyed archtteM,wha fdtbc has that Le weaU to build . mArmco he plant llctala made.ce plaza to. lul �-q' 'Shares,a property Itne with the Blos- amp , - _ - som Music Center, said.mmert. '.off Hespenbelde Hoad]n Adarns,to..-,avoldawalkout. - to'employees pmol `A . .:.goes have rind.his drtvewa as a the Blossom Center. urinal, pace.-they amhad a T to ♦"' rimo.A Muscatello;attorney for Tuesday,plmt manag not want1 a 'v deaff th in Gia th 'Wd he and hu, :eP ants of INCesare's project, prone,wrote, do Yas have had I endure latrnigbt:- �g to depict the potential strike and we don't believe you want. ,police chases through 1tH yard. community ImpeR of IhCesare's,:work we will agahe ith AsI look orba basis "'ijh.1 Oce time,his wile refused to let a _Prokc t'a three months a Year."W for aareemmt with vour murvaen- i i Biwam patron use their telephone; "'pha Continued on Page 2,Col.5 .after a performaom, Haag said . � Continued on Page 2 Cal.6', _ _ 1 i I t 1 j j 3 1 I --- , -- �,..w .:.... .,_.ua free Henley had .-:.000,but the fd facility old be -adside b Lebanon (AP) South accepted gr and free aervltvs to 10,000,but the acWty would be roadside bomb exploded a South from the bureau and top aides. built to accommodate a crowd of Lebanon today,killing three French Five years ago:.France's amball 20,008-- 4,000 more.:than Pittl•_ ,;aoldiera serviog,With the United sador to Lebanon, Louis Delamere, bmgh'i CYvdc Arena seau for moat•-,{jpns peauekeepmgfome and'nllghP was killed by four gunmen as he 0012"113. , - ly wounding one other, a UN 'was being driven to his west Beuut DICesare argued that other Potan- spokesman.saki:. : ..residence. . . - tial uses of the property would its-- Nine previous allacki on the UN: . one year ago: The Soviet Union terfere with the area'srural chamco ' Interim Force.'ln=Lebanon. since anmunced.it would feel free to de-' .ter year-round. t Aug. 11 killed an Irish 'lleuuoant ployy antl-satellite systema in space He said owners of the 415acre tract- and injured;two huhme_o and 20 if tae United States were to conduct on which he wants to'build the am- -Frenchmen . - ' its planned test of un anti-satellite pphitheater wa it.to sell. The rollllimngg Spokesman"'hmur:-Goksel said weapon _b ,of the tract are either wooded �two of the Frenchmen died instantly or:used for„farming: Opponenta.�_a the 7:30 am explosion near the ' wunGthe'land+to remain Sul.:village of Jwaya.eight miles east of _. Renfrew Driver Chorge&_ oped:'beadded,whichis unrealisticyYthe port city of Tym.,The third died v`ta Robtrt Stockman,:=un Organic <,as he wasmidergoing�surgery at a "With Endangering xEfumer:who-Hyea_two mines from ,�'ficld hospital in the border town of ' o-•K. thex ,is one,ef hose opponentsT Nayoum.,thespoklsmanaald, After,Vthcleln (dent `:1r1 ' :He said "What we ver now ,:T i -what we like. .; = , ties were privates, but withheld the - F"A Renfrew area man'a f” -dl .r...Other witnn.es called by Musca ;names of the victims, pending inti- $10,000 bond after allegedly.trying tello testified that it wW be irn I-. fication of the next of km 'to rm a car off aFoiward Towmlup blefeo.DnCesu'e's.pro' to mmP1Y,. • . TbaF ^n^F icic_were jogging as_, `;1oed with his .vi last-mo nth,I thrpdams Towoahip's poisq and: , part oftheir routine physical tray., , - State Police said Parking ordinances.-.`. . ;:ing;' when the bombing occurred, F1 it III rd Halton, 23,.. 106 Disagree at Noise -he said. Valencia Rd.,' was arraigned, ,= Ddwazd Smon, of Bdward Simon There was no immediate calm of ` Wednesday before District Justice '-Co, Souk specialists. dlsputed the responsibility. Ruth P. Miller of Chicora on two findings'reached-by' DiCesare s -:. The first of the recent aftacka on counts of recklessly endangering an-awash cal:.cnnsultant,-Theodore J.: the U.N. peacekeeping force oc- '- other person,terroristic threats and. Schultz,'Simon said residents can curred Aug: 11, when 18 soldiers iduple assault - expect.concert noise at the bound= from the 1,400stron French inn Holton is accused of attempting to ,..sty of the meet to be considerably tingent were wounded in a 16-hour .form a vehicle carrying two unidel louder.than Schultz suggested at an battle with mainstream Shiite Mus- filled youths off Forward Townshipv,R.aruer meeting rz Ism Amal militiamen- . . - Road 407 on.Monday,Aug.25,State -The mise would also erceed Ad- '_ Relations between the French and Police Sgt. TerrenceStackhouse,,, ams'-ordmaott limit of 50 decibels,- Amal,which is headed by Lebanon's said After the incident, the two ve- .he said,wbachss slightly louder than.; justice Minister.Nabih Berri, have hicles atopadd a fight broke out _;abird call. -_• 1 been repaired since. But the 5,800- �...between olton and one of the -'._Roger A-Weaver,a self•employedi-' man UN. force has been harrassed ' yyouths:Stackhouse Said the two had 'architect and Adams resider said by Shute =, ,,t factious awed Imowas each other providing parking for 6,300 vehicles:' with Iran .. ;...., within;required• proximity of, publicly declared so .w,k�. JxEIttWOYt aGiS�lmad'UN:';Security_., -. El 'Fa rmer ad 'tion, the project more closely na it Resolunon 425, which calls + i Y fits the definition of a commercial for the form's deployment through- - - * From First Page - venture than a.recreational ventuout south Lebanon up to the bound- - R.D. e asserted. re, Ory with IaraeL - .1 for the past 21 year,He pre- ..Commercial recreational Projects- But Iron and Its militant allies a viousiy lived in West Sudbury.... are a conditional use in Adams'A-41•:,:sonth Lebanon recently announced . - was retired from Grove City".agricaln,al;'mnag dlsfritt' l, their rejection of the 1978 resold- He ` -... Limestone Co, end was known for . Pauper's Adrift . . : tion, contending It shields Israel his custom butchering. Community„planner Malcolm against guerrilla warfare designed - An avid hinter and fisherman,he Strachan,-who was retained b;,Ad- to force the Jewish state from a bor. - was a memberam of the Grove City s-Township.:to..evalueu D'Ce der enclave it still occupies in South Sportsmen's Club. _ .are$project,recommended that H ubapod. Beaver County Native- it is approved,'the%township should Local .ecTaity-sounra in South Rom March 11, 1895, in Beaver make its acceptance conditional do Lebanon, spea' -ng on condition of County, he was the.Son of Eli and: the developer's meeting 10 require anonymity, blamed most of the re Catherhre Reefer Goss: .. :.ments.One a that the township re cont bomb- and gunfire attacks Surviving are a Son, Walter. L,..ceive advance notice of all parlor, against UNIF9.GO.pro-Iranian mW - sin i7 Goas Jr. of West Sunbury R.D1;' mance e0d Adams'Participa.ion a:. tante. . .. ...•. {:.1, two grandsons, Walter Goas M3111 of anyaegotlationstoeeil orleaseady With today's.attack, 129 UNIFII. Chicora Road, 'Butler, and.Daryle part of the L'rv''=.+ members have been killed and 194 . .ly i Goal of�We�s,1tD Snobury.R .•1::four"'.- r}tpf smounded,slnce it was.,stauoned in. i, I ..go=-t-gr '•TTdt'a6,FW021lemS,Bmt CYCYiBa'tw. . ,�07A�f$l.ttmapy{,ip�tb, -- - 97 'ltVlIIty dry'. 1 a nephew:+.*+.amti.' He was the last surviving mem- been scheduled for 7 p.m.Thursday, UNIFIL's contributing nations 1 . ber of a tams]yy of 11 children.':; * Sent.18 at thSMaaOnic Hall.Mars, . are Franee, Ireland Norwayy� Swe• '.,A'giaddchfld and a grey mwh•fEOn63 �po6llrAv18-be.`r"de4 Ita7 r. Julen4�Gbana."Ne ' 1` child preceded In, deattk .,+si..r aceeptedthepr$.aata{ghra meeHp�:.1 apdFljl.y c V -`, rPsl t 1 '•{ aoAe Fd«at'olww• Lnoubl wr A mt the hall dil 10Qxddenu,.t nMMs RD'1 M.,.Tooma 1p Skull Maeratello saWup at he Se L18: cwmor tufo ala wetma q Stet. W, temm fowind u :atfbe&pt,18 ” - l 19aa Will " nw•l.ta an The Havel c pketf g The zoning hearing board. �Qu N�aker. � t Lmlwn WM,M K...H.ImAiw,ft.2 14•,M r l a y.m.F,War.Fknanl.1 '.'is expected to make'a decWOn,on a�"k. s 0.„•..: It.t inn be ural at 2 p.m.sawrd•r own ..is Qro}{.^,.t'within 45 days after tap." *From First Page , - ma tYnwM acme, v11b the R.. Allen nenelnBlm of theheartng, .. ,..,_ Grimm it.. w.1o, of sarasv.+loaunl.d. ._ _ - chased."Potain conflseated soup , 5 CITY OF ` SHAKOPEE= INCORPORATED 1570 129 EAST FIRST AVENUE,SHAKOPEE.MINNESOTA 55379-1376 (612)M5-3650. August 14, 1987 Commissioner of Revenue c/o LGAA Division - Levy Limits P.O. Box 64446 St. Paul, MN 55164 Dear Mr. Tripplett; The City of Shakopee hereby submits its appeal of the levy limit for 1988 based on the reasons presented below. First, however, I would like to present background information on the tax situation in the City of Shakopee. Background The Shakopee City Council has been and continues to be very sensitive to the tax burden in the city. Attachment A is an excerpt the Shakopee budget that shows the millrates from several cities in the metro area. Shakopee's millrace has been below the average for the past four years. Attachment B is a comparison of the various taxing jurisdictions for selected cities. The Shakopee school district varies from year to year between being close to the average and being above the average, as is the case for 1987. The Scott county millrate is high and has been significantly higher than the average for several years.. Although the county is the main cause of high taxes in the city, Council takes a lot of heat for high taxes because they are the most accessible and most responsive local officials. During the process of preparing the 1987 budget and tax levy, Shakopee Council knew that the school militate was going to increase and became aware that the county levy would have a significant increase. Council is deeply concerned about the total tax burden on parcels in the city and considers what effect the school and county levies will have on parcels when they set their- levy. Accordingly, City Council cut the levy for 1986/87 to try to offset the effect of the. increases by the school and the county. The result for 1987 is that the county millrate went up 8.015 mills and the school went up 11.732 mills while the City went up .364 mills.- Due to a loss in taxable assessed value the City mill rate went up slightly even though the levy was reduced $80,000 or 5.68 from 1985/86. 1987 .Budget Shakopee was able to absorb the reduction in the tax levy for 1986/87 by transferring money into - the General Fund from other funds (reserves) . Attachment C shows the transfer in from Revenue Sharing of $102,200. The -- - Revenue Sharing Fund will be depleted this year. Attachment C also shows the transfer in of $272,100 from the Capital Equipment Fund. This fund lost its main source of revenue several years ago and the fund balance is being depleted as shown in attachment D. The Heart of Progress Valley AN EWAL OPP RTUNIIY EMPLOYER J 5 The City uses the RevenueSharingand Capital Equipment funds as -a--reserve. - ---The combined fund balances for these -funds - have been -1984- $758,000, 1985 — $742,516, 1986 — $718,341. The net draw down for 1987 is now expected to be $407,300 ($252,300 as shown in Attachment D plus the delayed purchase of a tank truck $125,000 and street flusher $30,000) . The City is also making a charge to (transfer from) other funds for recouping administrative charges for the past several years. The delay in the charge was due to the lack of monies in the other funds to be able to repay the General Fund. The large increase in administrative charges for 1987 is shown in Attachment E. This is a one time recapture of charges that draws down the "reserve" in the other funds. The delayed charges amount to $289,500. This is offset by the increase in transfers out of the General Fund which is a one time transfer and is reflected in Attachment F ($296,000 out of $344,150) . This transfer out to the Capital Improvement Fund (CIF) is to provide funding for small projects which would otherwise be paid out of the General Fund and need tax levy support. The use of the CIF evens out the demand on the General Fund resources over a period of years. The 1987 budget is built with a deficit of $92,617 (see attachment F) . This reflects a draw down of the existing fund balance or "reserve" . The fund balance for the past four years has been an average of 48.38 of expenditures and other uses. The 1987 General Fund expenditures and other uses of $3,934,845, less the $296,000 transfer out, times 48.38 is $1,757,562 (Attachment F) . .This amount is $349,953 more than the projected 1987 fund balance of $1,500,226. The effect is a draw down of the reserve level of the General Fund by $257,336. The City of Shakopee did not receive a full adjustment for the loss of Revenue Sharing. Due to the way the adjustment was handled, the City was not aware that it was entitled to an adjustment for the loss of FRS from 1986- 1987, which is a larger loss than from 1985 - 1986. Apparently some cities were aware that the larger adjustment was available and were granted the larger adjustment last year. The difference for Shakopee would be an additional $59,445 in the levy limit which the City would have used for payable 1987. Lew Limit Appeal The 1987/88 levy limit is appealed based on the following items; Revenue Sharing adjustment due to prior year treatment $59,445 Use of reserve funds (Capital Equip and FRS funds) 407,300 Use of reserve funds - General Fund 92-617 Total55 9.362 The City of Shakopee is not appealing for an adjustment for the full amount shown above, but is appealing for a levy limit adjustment for 1987/88 in the amount of $363,000. In perspective, the City had the authority or capability to levy $362,643 more than it did for 1986/87. If you have any questions, please call. jnerel rso K. Anderson - JPAMINNESOTA HISTORICAL SOCIETY FOUNDED 1% 1844 n 1 1-1111, Y. Paul. 11A i4 August 6 , 1987 Sy Mr. Ray Siebenaler b, 119 4th Avenue Nest Shakopee, Minnesota 55379 t7J1b Dear Mr. Siebemler: `\ � RE: Merchants Hotel Y 221 East 2nd Street Shakopee, Minnesota The property listed above was placed on the National Register of Historic Places on April 17, 1980. Our records indicate that the property was razed in March of 1987. In order to keep our files on National Register properties current, we are requesting the Keeper of the Register to -de-list" those properties which no longer exist. Federal regulations (36 CFR 60) require that we notify you, the current owner of the property, and the chief elected local official before the de-listing is presented to the Keeperofthe National Register. If you have any comments, please direct them to Nina M. Archabal, State Historic Preservation Officer, Minnesota Historical Society, Fort Snelling History Center, St. Paul, Minnesota 55111 . Comments must be received on or before September 10, 1987. If you have any questions regarding the de-listing procedures, please contact Dennis Gimmestad, Deputy State Historic Preservation Officer, Minnesota Historical Society, Fort Snelling History Center, St. Paul, Minnesota, 55111 . Sincerely, Nina M. Archabal State Historic Preservation Officer NMk1fr Encl gal Description cc: Mayor Eldon Reinke City Hall 129 East let Avenue Shakopee, MN 55379 6 LEGAL DESCRIPTION Block 24, Lots 3 and 4, Original Plat to the City of Shakopee. THE -- 7 SCOTTLAND COMPANIES August 5, 1987 Pete Huber Canterbury Downs 1100 Canterbury Road Post Office Box 508 Shakopee, Minnesota 55379 RE: Handicapped Facilities Dear Pete: The City Building Inspector, Leroy Hauser, who is responsible for enforcing state building codes, informed me today that a complaint has been forwarded to the City that the racetrack has reduced the number of handicapped parking places and/or seats or perhaps other handicapped facilities required by state law. Per Mr. Hauser's request, I would like you to meet with the appropriate State Handicapped Council and make sure there is no violation of state standards and to have a letter directed to Mr. Hauser from the appropriate group stating the status of the handicapped facilities as soon as possible. I understand from your secretary that you are out of town until August Sth. I am out of town until August 15th. Please call me upon your return so we can discuss this. Very truly yours, 1 Bruce D. Malkerson Executive Vice President & General Counsel The Scottland Companies BDM:jhl cc Leroy Hauser, City of Shakopee Mike Manning, General Manager - - -- - -- - --- - P.B. Box 509 1244 Canterbury Road Shakopee, Minnesota55379 _ [612)445-3242 S AUGUST 5, 1987 ST. PETER JAYCEES MS. JONI WERNER 502 N. STN ST. ST. PETER, MN. 56082 DEAR ST. PETER JAYCEE MEMBERS: WE, THE STAFF OF THE SHAKOPEE MUNICIPAL POOL, ARE WRITING CONCERNING A NUMBER OF INCIDENTS WHICH OCCURED ON SUNDAY, AUGUST 2, 1987, INVOLVING MEMBERS OF THE ST. PETER JAYCEES. THE BEHAVIOR OF THESE PEOPLE WAS INAPPROPRIATE AND UNACCEPTABLE. NEEDLESS TO SAY, A LARGE MAJORITY OF THIS GROUP WERE HIGHLY INEBRIATED. BECAUSE OF THE FACT THAT NO ONE SPOKE TO THE CASHIER, SIMPLY HANDED HER THE ENTRANCE FEE, THEY WERE ALLOWED INSIDE THE POOL COMPLEX. ONCE INSIDE THE POOL COMPLEX THEY BECAME VERY RUDE TO MANY OF THE GUARDS. ONE SUCH INCIDENT INVOLVED A GUARD AT THE TOP OF THE SLIDE AND A MALE MEMBER OF THE JAYCEES. AFTER BEING INSTRUCTED THREE TIMES WHERE TO PURCHASE WATERSLIDE TICKETS, THE MAN BECAME IRATE. WHILE YELLING OBSCENITIES, THE MAN THREW HIS WATERSLIDE MAT AT THE GUARD AND PROCEEDED TO WALK DOWN THE RAMP IN WHICH CASE A MANAGER WAS CALLED TO THE SCENE. THIS INTOXICATED MALE CONTINUED TO HARASS THE MANAGER FOR FIFTEEN MINUTES. IN THE MEANTIME OTHER MEMBERS OF THIS GROUP WERE IN THE POOL BEING LOUD AND OBNOXIOUS. NONE OF THE OTHER MEMBERS TOOK RESPONSIBILITY FOR THIS INTOXICATED MEMBER OR APOLOGIZED FOR ANY OF THEIR OWN BEHAVIOR. THERE WERE ALSO MANY OTHER DISTASTEFUL LEWD COMMENTS MADE TOWARD OTHER GUARDS. WE RECEIVED MANY COMPLAINTS FROM THE PUBLIC CONCERNING THE GROUPS BEHAVIOR, INCLUDING QUESTIONS OF WHY THE POLICE WERE NOT CALLED TO REMOVE THESE PEOPLE. THE SHAKOPEE POOL IS A PLACE ENJOYED BY MANY FAMILIES IN THIS COMMUNITY AND SURROUNDING COMMUNITIES. OUR STAFF IS HERE TO SERVE THE PUBLIC AND DOING SO WAS SHOCKED BY THE BEHAVIOR OF THE ST. PETER JAYCEES. THIS GROUP WAS A DISAPPOINTMENT FOR OUR STAFF AND FOR THE PUBLIC. lJuk (5pe pool S� o X�w Z Z"2 z)z iL eel JORDAN COMMUNITY ROBERT J. WITTMAN, DIRECTOR UAI /RECREATION EVCES 500 Sunset Drive Jordan, Minnesota 55352 Phone 8492.6211 COPY TO: Shakopee Pool Staff FROM: Jordan Community Ed. /Rec. RE: Jordan ' s Shakopee Pool Excursion DATE: August 4, 1987 We would like to thank you for making our trip to the Shakopee Pool a safe and enjoyable experience. We realize it takes a tremendous amount of effort and hard work to keep things running smoothly with so many children in one area. We believe the Shakopee Pool Staff did an excellent job in keeping things in order. It was a pleasure working with your staff and we look forward to working with you again. Thanks again for all your efforts and enjoy the rest of your summer. A COMMITMENT TO COMMUNITY AND LIFELONG LEARNING 4w.4x.1�4x._.x /G N44.44YIN EMpNx x.o4�xk,.xEwE�xK4 xSTox.L0U11—. .xMETgN4.[gOM44 �.Exx4ER�xxE44EE NWLYYNOoxM44E.xYY [xxy, aEG�,P x �..,T. x MLL N W", °�:'°��x,. �lnited $tater senate - - - 0.1AYIFxx[xG.xFw lEx4EY tlWCE4 E GM441FY,qW. TE.PY8uWP0.MOPM UgOIu ouloWYlE M01µ/. wrxrc wEx.caawo4 .ww c.4xxwmx.Enuoum COMMITTEE ON THE BUDGET E EowPEz m.4E4ww 4ox xi¢EEa,ocuxox. Exr mxw,4.xoPrx PxPOT. wuux 4.Ru0tlxx.xFW xwP4xiu WASHINGTON, DC 20610-6700 cxnarorwn�.4400.cvxxEncnr 4.w.Y.EE°M0.4LY,4.«xi4P'T 5i iF/. pREROP August 8, 1987 John K. Anderson 129 East First Avenue Shakopee, MN 55379 Dear John: Thanks for getting in touch with me about proposals to increase taxes affecting Minnesota cities. I appreciate and understand your concerns. As you know, the Democratic budget resolution calls for $63.5 billion in new taxes over the next three years -- $19.5 billion in new taxes for fiscal 1988 alone. While I consider reducing the budget deficit as our first priority, I don't think that raising taxes is the solution at this time. All my experience in Washington very clearly indicates that if x more, we simply spend more. In an effort to come up with the dditional re enue needed to fund the FY88 budget, the Rouse Ways and Means Comm ttee and the Joint Committee on Taxation have com sled a list of ossible options to increase revenue. Among he suggestions re proposals which would directly affect Minnesot cities. Increased taxes on municipal bon s, repeal of v rious tax credits and deductions for cities, a d an increase n federal trust fund excise taxes, have been p oposed. I ce tainly understand your concern about these roposals . A I said, I am not going to look favorably on any r venue-raisi proposals. I really believe that if I could get enough Senators to join me in an across-the-board approach reducingthe deficit, if Congress would demonstrate the over 1 restra nt Sn spending I've been advocating for more than five ears now we wouldn't have to be looking for new revenue sources. I'm w 1 aware that we 've done that much too often in the pas . Again, thanks for getting in to ch. S cerely, R dy Bosch tz RB:wls W�Adk�. Murphy's Landing Miooewfa Ve ey Reabes400lop AVUI { ot1890.1880 2187 E. Highway 101 Shakopee, Minnesota 55379 RECEIVED - (612) 415 6906 N AUG 1 21987 CITY OF SHAKOPEE August 11, 1987 _ -- Mr. John Anderson, Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Liability Insurance Murphy's Landing Dear John: Enclosed is a copy of our current Liability Declarations. Please note the attached "additional interest endorsement" naming the City of Shakopee as a co-insured. If you have any questions regarding the coverage, please do not hesitate to call. Regards, t PR. Henderson President/Director MRH Encs. ,4uto-Owners PAGE 001 SMP LIABILITY DECLARATIONS - COMPREHENSIVE INSURANCE COMPANY ENDORSEMENT EFF. 05-11-87 LANSING, MICHIGAN 48909 PREMIUM TERM 03-22-87 TO 03-22-88 AGENT SCHMID AGENCY INC POLICY NUMBER 06-425 P.O. BOX 87 MN 56071 RC 854606 08197984 NEW PRAGUE INSURED MINNESOTA VALLEY RESTORATION POLICY PERIOD PROJECT INC FROM 1201 A.M. 03-22-87 ADDRESS 2187 HWY 101 TO UNTIL CANCELLED SHAKOPEE MN 55379 THIS POLICY IS HEREBY AMENDED IN CONSIDERATION OF THE ADDITIONAL OR RETURN PREMIUM SHOW BELOW. THIS DECLARATIONS - V IOS AND REPLACES ALL PREVIOUSLY ISSUED DECLARATIONS BEARING THE SAME POLICY NUMBER AND PREMIUM TERM LIMITS OF LIABILITY COMBINED SINGLE LIMIT BODILY INJURY & PROPERTY DAMAGE $500,000 EACH OCCURRENCE $500,000 AGGREGATE MEDICAL PAYMENTS $500 EACH PERSON $10,000 EACH ACCIDENT PREMIUM RATES PREMIUM CLASSIFICATION-CODE-LOCATION BASIS BI PD BI PD PREMISES-OPERATIONS MINNESOTA ID 0010 CODE 65132 -1 AREA PER 100 SQ FT APARTMENTS, TENEMENTS BOARDING OR 4,200 10.7970 INC 494 INC ROOMING HOUSES-NOT APARTMENT HOTELS (NOCY MEDICAL PAYMENTS 1.0410 44 2187 HWY 101 SHAKOPEE MN ID 0020 CODE 65143 -1 BASIS IS PER EACH DWELLINGS-ONE-FAMILY 1 55.0130 INC 55 INC LESSOR'S RISK ONLY MEDICAL PAYMENTS 5.2040 5 2187 HWY 101 SHAKOPEE MN ID 0030 CODE 82310 -1 11,286A EAER OP5810 INC 100 SQ FT 1,194 INC MUSEUMS MEDICAL PAYMENTS .1025 116 ADDITIONAL INTEREST 240 INC 2187 HWY 101 SHAKOPEE MN ISSUED 8-04-87 51 26666 (6-80) auto-Owners PAGE 002 SMP LIABILITY DECLARATIONS - COMPREHENSIVE G / INSURANCE COMPANY LANSING, MICHIGAN 48909 ENDORSEMENT EFF. 05-11-87 PREMIUM TERM 03-22-87 TO 03-22-88 AGENT SCHMID AGENCY INC 06-425 P.O. BOX 87 POLICY NUMBER RC 854606 08197984 NEN PRAGUE MN 56071 INSURED MINNESOTA VALLEY RESTORATION POLICY PERIOD PROJECT INC FROM 12:01 A.M. 03-22-87 ADDRESS 2187 HNY 101 TO UNTIL CANCELLED SHAKOPEE MN 55379 THIS POLICY IS HEREBY AMENDED IN CONSIDERATION OF THE ADDITIONAL OR RETURN PREMIUM SHOWN BELOW. THIS DECLARATIONS VOIDS AND REPLACES ALL PREVIOUSLY ISSUED DECLARATIONS BEARING THE SAME POLICY NUMBER AND PREMIUM TERM ID 0050 CODE 00010 -1 BASIS IS PER HOUR DONATED LABOR MEDICAL PAYMENTS 11000 CHURCHES PRODUCTS-COMPLETED-OPERATIONS ID 0040 CODE 39982 -8 RECEIPTS PER $1,000 MUSEUMS 1,000 .8540 NC 109MP INC PROTECTIVE IF ANY SUBJECT TD AUDIT ID 0070 CODE 00503 -1 314 EXTENDED COMPREHENSIVE LIABILITY ID 0060 CODE 59810 -0 - - AUTOMOBILE NON OWNERSHIP 29 INC HIRED AUTO LIABILITY TERR OLT TERR 02 COUNTY 70 NEW ANNUAL PREMIUM 2,624 INC OLD ANNUAL PREMIUM 2,468 DIFFERENCE 156 DIFFERENCE FROM EFF. DATE OF CHANGE 135 TOTAL ADDITIONAL 135 INSURED IS - CORPORATION ENDORSEMENTS: 59048 26078 2675 54005 54025 2684 ISSUED 8-04-87 COUNTERSIGNED BY 2000000135 "ORIZED 5[ 26666 (6-80) F O d C C i Q T Y T M A N � C _m m O Y M m m F N Y F FF O O v Ln 0 d C N mom• C r y am n v C - � m m F c o cm `o r L C N F o n n o n O U i = u U -a E '- `m E u FO Q V ny C V 0 � m SM C N m m H m ,o H O L•i �n T c CC C lc vii c � U N W Y O a 10 Y 6 .w O V W UtiN m m National 1301 Pennsylvania Avenue NW Oftem League Washington.D.G, "ne.1 \\/_ GIM RayraMs �.� G1 20034 Comnwomarvat Lame.DenierCat Cities (202)626-3000 - ural era Pmamnar Pamela P Pr Mao ' CgaKWjr.Pdtlarrp.Maras Senate,.'—'sam }]�• TerryGoddied RECEIVED WyCeP 11 August 3 , 1987 r _� •CO amwmare Pazlneamem .IG Cn—. kn 5 JX7 .a ,SanAmnnm...a B Dart t, E. CITY pp 3HAKOPEf The Honorable Eldon Reinke Mayor of Shakopee 129 E. First Ave. Shakopee, Minnesota 55379 Dear Mayor Reinke: Attached is the invoice for your city's membership in the National League of Cities for the period November 1, 1987, through October 31, 1988. Also enclosed is a brief "report to the stockholders" in which I have summarized NLC activities on behalf of the nation's cities during the past year, and the priority issues and major activities that the staff will be engaged in during the ensuing months. The strength of cities in shaping federal legislation and policies lies in their joining together in a united effort. The ability of NLC to secure passage of legislation and adoption of policies favorable to cities depends upon the continued support of your city and that of each of the other 1,335 direct member cities. We look forward to this support and the opportunity to serve as your city's voice in Washington during the new congressional session which will consider major tax and local government issues. Sincerely, r, Alan Beals Executive Director Enclosures cc: City Clerk Judith S. Cox IntPMitlmle:Tom arWleK Mayd.Lo¢Ayeles.Cellldrna•FM LXenlaon.Mayos"Lasso lkck,rvona Lerdrw•WiIIMm X.XWnu1.IIL Meyu.IntienagYrs.Intlidu.Gecrge Lnime4 Mawr SL PoW.Mlnnesuu•Xeme W I a"'M""W""a-.Woconsm.Jnve M.RaXIaK Meyd.Neyryorl News,Vngrrva.JMnP.anuaMe,Maycr,Savannah.Gepga•CaMlef aoye4 MayloJr Seallle, Wa¢nmglm.Geclpe2 gpnMdr,Mayw.Creu9lenc,OMo•WanlpttSiOnry J.BeMNNmK Mayd,New pkens Louwana•JceO G.BMnMea,CmncA Mem ML Blerang Meigms. rc pan. MICMNL.se-l"".." ale,IBK Mavw Nansaz Gry.Mr55ourr.MIIY A BerIMaeWI,Lounc uwuman,San Mlmq.'saes.BOB BOMn.Mayor Fql Worm ievas.SWnA BUIpna,ErecNrve Orremot Alazka L¢ague•Jo ."aunall,EnecdrvePrenm.Meryrana MunroWlLeaaue.Marygeyia.Cmnnlmemcet auenm.Geagu•EupeneCmaunwoGKCwncuPreacenL Mawa Georgra.SMcay 1.as Lee- Pulaski lennessee.W.Wilton GooOe,Mayw.PorMpelpara Pennsgvenm.E.lMmany,Mayor Pop Jeers.New Mk.11ec Maneen.EveeuMa PrMq,Mmlana Leagu¢ol Cnres and iawns.IMXen Xa a4.Aalmman Circago l4inp'.XennMumPIrMK CuurrcamemMnFKsno,Calllgnq.5lannEJeBNK E.eMrve Dae los Vermanl Leeg ICtlres anp icrvns.ROCan E. JoamoR Enec uuve Ovenor,None Dakota Leet o Ques•JOfeM R.Lnle.Maya.tWIdF. agora.mole LWEn[e.Mayos lancdn.NeUraske•LMlbe Lyon;Caanman BodE of $ePo[rmen.ArLnglm.Massacnueetls•<MmE.Moma yor Lar¢asrer,Pmnsyraama.BOB Ova-MLCouxrrmemoer.Everen WazMnglon.Gnce PneMgMevd.Perre.Soule Oakols•Jcy Mun nwClLeari MemOer.La. osAy9es,Lalilornre.ari ea4nob MWem MM0amy5EecuaveCnedor Assonenon of 1pano Ctlrema•ac sM¢b.WeokL MayoracMkn NurtesMleclw.ienrzssee gue•Den D.TheoblE.Mayor.5ne1L ry Na kathmal 1301 Pennsylvania Avenue NW olficets / e nrn�f' f1 Lea9Be Wash.,gton.D.C. W 20004 D nn R:r., -- ca„wiLn,Mn al...,ge. Cities (202)626-3000 Dene.,.C.-on. 987 Pa Au August 1 , 1 Flavpa.w 4 CIX Pdlrann Marne $ecoM Vzr"_,rnrr ImyG000mo Maya.P= Ana°na r.P.aapee.m nen,..c,dre, Mayo.Se.An— Dear ro Dear Municipal Official: E'e`'°"'e O"°L1O• wnepple What has the National League of Cities done for cities and towns lately? A lot. One recent example: highway funding. NLC worked with Congress to reauthorize federal- surface-transportation programs and release badly needed funds for local roads and bridges. A six-month lapse in the program jeopardized the entire spring construction seasons in many states even as gasoline taxes paid by your citizens to finance local transportation needs continued to accumulate in the Highway Trust Fund. Another example: loans for small communities. NLC is working now to make sure that small cities and towns have an opportunity to buy back or refinance Farmer's Home Administration community facility loans. The Administration is proposing to sell those loans to Wall Street investment bankers at a discount, but to charge cities and towns a.higher price. And the budget. NLC worked with House and Senate leaders to secure agreement on a federal budget which rejects disproportionate and retroactive cuts in priority municipal programs. And now NLC is working to defeat administration requests to impose new taxes on municipal vehicles and employees. While these issues are significant, local government leaders face an even greater array of challenges in 1987. Federal assistance for communities is likely to be more scarce than ever before, and the federal government will continue to mandate new costs and responsibilities on municipalities while restricting the local revenue sources to pay for them. That's why it's more important than ever that cities, towns and villages of all sizes work together through the National League of Cities. Our united efforts will insure that important national policies and decisions reflect the interests of the vast majority of America's citizens -- those who live and work in municipalities- Sincerely, Alan Beals Executive_Director PM%aiArpa:mmB,aele%Mayd,I Mgelea.Cawdrua.Gxd L.wMwn.MCYpr'SCplMnpfMCx Np:In cvdina.wlnam x.XUEwLnl.Mevd.I,roaredMis,lnoana.Geoge L.nm.c Maro,. SIpaOMmne¢Ols-Henry w Marc,Maya.Mimauee.Wwonsm.Jea.ie M.Reme%Mayo•.Nenhrrt er Vnpna•JoMP.RmeaMe.M,..Savannhr Gerga-CMeNe Rp,r,. °a So.Hk _ RRNML.Mra bl%MaYoo......Mayo,schr—ono sn4•eernolTS iaSaS.,OomdneyIBmH eHHr,,.,,n,r. e.0 Bo058olen.Mayabicn Vaonn,Ru�a 6cpd♦.Sury1)a.EaeculrveOnls.M¢nper. MUlucpdLeague.JonG Bumll.Erecuuve Di2nor,Mdylano Mumn°Y Leeque.IHryDwiy C°unCJmemCe,.A,Ianla,Geo•ge.Eupana Co Dunleo0%LounnlPreeoenl.M.-Geo He. A.Game4Mayor.Pulaski. ¢ ..W Wlleon Goode.Mayv.P pelprm Pennnnl a.E.AtlNVGn%MayorPon Jerne.Mew Mx.Yaegman 6e wlrvu Onx,IX.Momena League ol81P4c ardi°wns.Manan Humea,Aloemary Cnicago.gllunas.Ren°xump.,Courmnnsmcee Feano,Glo°rnra.3Wen E.Agra%Esxulrve Medd.ymmmlLeapueol I, nop,en •R.E. S¢teclm en E.-a- Massacn.111zDL..AMur E.MomeCMaror Joseph A.Lenryiven mayor BDCG(Ik VIM—.R nlenmeA.Luedue,eX.NgNrrglM•Gn eplP ro-CH.H.1 LRme Epulnhrr sors•Ay peua.C°unnl MemCeu Pngeles.Celrl a.Daru GRin°Ntl.Havoc LdumdS.On"p.3leyenC RPEeOa.nloerman.9.Lwii.Mrasmu.J...pa A_Serest 6-tonne Medd,Te,messre umdpal League.Dan D.Tre°palE,Mn,01 Snelonllre.ern—.J..WepMaN%Eveculve DieClor.Aswemlmn olloeno cope•Dpugba S.Wry M,rlepr.icceka.Kanvs Page 2 WHAT ARE NLC'S LEGISLATIVE PRIORITIES IN THE 100TH CONGRESS? The National League of Cities has set an action agenda to: o secure immediate re-enactment of key municipal programs like community development block grants, airport programs, and fiscal note legislation; o seek adoption of legislation to require the federal government to pay for costly mandates imposed upon cities and towns; o insure that municipalities are given a lead role in the enactment of any welfare reform proposal, and to make sure that key municipal programs are not traded in to pay for increased state funding; o protect municipal rights from any further tax reform proposals which could undercut the ability of cities and towns to raise their own revenues; o gain passage of public infrastructure legislation to help municipalities provide and finance essential public facilities; and o gain the full commitment of the federal government to work with local leaders in the battle against drugs. WHAT HAS THE NATIONAL LEAGUE OF CITIES DONE RECENTLY ABOUT . . . TAX REFORM PROPOSALS? In addition to advocacy efforts on tax reform, NLC also has published three important studies to help municipal officials understand the impact of our national tax system on local government: Tax Breaks: An Introduction to Tax Expenditures; The Deductibility of State G Local Taxes; and Your City's 1040, an up-to-date examination of the recently-passed tax law's effects on municipalities. Tax reform is now a reality. To help municipal officials understand this new law, NLC recently conducted a series of six regional meetings on the new tax bill. Reports on tax issues also appear regularly in NLC's weekly newspaper. ISSUES BEFORE THE SUPREME COURT? NLC continues to advocate and defend municipal interests in critical cases pending in the Supreme Court.- NLC also is cooperating with other concerned public interest groups in sponsoring the activities of the State and Local Legal Center. The Legal Center advocates the interests of state and local government before the Supreme Court and conducts programs to improve the quality of state and local government advocacy before the Court. WHAT HAS THE NATIONAL LEAGUE OF CITIES DONE RErENTLY ABOv,- SMALL COMMUNITIES? The League's Small Cities Council continues to help NLC'. that the needs of the nation's smaller municf ralities -- ler'--=ec. ones -- don't get overlooked. NLC worked hardttc vst _ - in the new tax bill which benefit smaller eftf?sCo enact nl,pcj kshops dnsigni , towns, and annual convention always has a full slate of Wors_ to meet the needs of officials from smaller communities, newspaper, Nation's Cities Weekly, regularly loetures news w smaller communities. - - - s £ae a_t INFORMATION RESOURCES AND SERVICES? The new Local Information Network for Universal Service li,IL-�y _ NLC and the International Ci Management City g ant Ass 700 participants. LINOS ociatron, alie�.� P p provides an instant electronic network linking cities and towns to each other, to their leagues, and to NLC. And NLC, through a coopnratfve vent.,,Data Corporation, also uses the Local Govern, , nt Informal;_ �� _ to help ized d solve problems and share information. LOC;, computerized data base of innovative local government pry.y . to common city problems. NLC also has a computerized data base containing informal,,_ Y e_a appointed officials in more than 2,800 communities, plus •,rte - _ on selected city characteristics (fiscal year, form of gvz,.. - dates) as well. NLC uses this information to publish a r,_Z. _ up-to-date directories of elected and appointed municips_ ,_ NLC's Municipal Reference Service has a comprehensive co--- journals, and other information about municipalities, airy _ than 2,000 substantive inquiries from member cities and And for keeping abreast of developments in Washington the. governments, Nation's Cities Weekly newspaper is the mos-,.____^-_�_ up-to-date source of information for local policy leaders reports regularly on innovative programs which cities aMt_ country are undertaking to solve municipal problems. CONFERENCES AND SEMINARS? Each year, NLC holds two major conferences -- the nation of municipal officials. The annual Congress of Cities, held shortly after Thanks&_-_ packed with more than 40 workshops on subjects ranging fry�zd management to housing strategies. NLC's Officers end Bo ��in,_. elected and the National Municipal Poliev is adopted eacs -at t� - meeting. In addition, an extensive exhibit program of pr_ oac a for cities is a highlight of every Congress of Cities. Cities will be heldinLas Vegas, Nevada on December 12-1 '+ (over, please) Page 4 The Congressional-City Conference, held in March in Washington, D.C. each year, provides detailed briefings on federal legislation affecting municipalities and gives local officials an opportunity to call on their . Congressional representatives in person. Throughout the year NLC also conducts a wide range of smaller, regional meetings. on topics of interest to municipal officials, suchas local economic development, telecommunications, municipal finance, public safety, and ' international trade. SPECIAL MEMBERSHIP CAUCUSES? AFFILIATE GROUPS? " NLC's special membership caucuses -- Women in Municipal Government, the National Black Caucus of Local Elected Officials, the Hispanic Elected Local Officials, and the Asian/Pacific American Municipal Officials -- work to make sure that local government represents all segments of-our society. Special programs for these groups often are conducted at NLC's two major conferences. NLC's af£ilia_ te.gioup, the National_Association of Telecommunications Officers and Advisors (NATOA) , holds national andregionalconferences each ry`year to exchange information andideas about cabletelevisionand other telecommunications technologies and provides technical assistance to NLC's transportation and communications policy committee. THESE ACTIVITIES HIGHLIGHT JUST A FEW OF THE ADVOCACY, TRAINING, RESEARCH, AND MEMBER SERVICES WHICH NLC PROVIDES TO MORE THAN 1,300 CITIES, TOWNS, AND VILLAGES OF ALL SIZES. WITH YOUR ACTIVE PARTICIPATION, WE CAN MEET THE CHALLENGES FACING MUNICIPALITIES DURING 1987. /3 �aG Shakopee Community Access Corporation P.O. Box 273.Shakopee. Mi..e..ta.55379 QQ/� • W Shakopee Access Corp. Orr :/ W7 Meeting 9. 1987Minute5 Ofi�kANO�,� Members present: Cliff Stafford, Deb Allen, Don McNeil : Bob Ziegler Absent: Bill Harrison. Corrine Mcdonald Also present Bill Lepley N.F.F. Call to order at 7:30 p.m. Treasurers Report (As of 4-3-87) Checking 4553. 11 Saving 5127. 1E Special 8392.69 Stafford/Allen Motion to approve revised Shakopee Access Corp as submitted Approved by voice vote Allen/Stafford Motion to approve Service Contract between Shakopee Acceess and New Frontier Production to be effective April 15, 1987. McNeil/Allen Motion to ajourn meeting at 8:30 p.m. cwT'm uflv CANTERBURY DOWNS � r� i `�^' '.MINNESOTA RACETRACK, INC a yh��' ! `'.1100CANTER9URY ROAD . -`'DISBURSEMEM1T ACCOUNT NO. Sty II SH OPEE, MINNESOTA 553]9 AP 64''15:{ Emir PA TGV M HE OTA _ INC.- Scott County Treasurer Gm — 0; Scott antt' Court House Holoa�s yStrpeet "FISSia.BQ0�.::�eY'.:.-"�" x MI '1 '55374 ` } ''-_ _ _ 400 Nnl nal9ankTt WA4vr .: ` _ - �' -.•: a00 W t Barvon Wilknar MN 56'A1'=� 'M'�^:S.'�-• +'y J __ .. _. 9.4001 SOe' 1:0919 : 59001: VII" : 1900 : : 2n' '''011 2681 SOI e' jSCOTLAND - 'COMPANIES RECEIVED AUG 1 31987 CITY OF SHAKOPEE August 10, 1987 Councilman Steve Clay Clay's Printing 232 First Avenue East Shakopee, Minnesota 55379 RE: Canterbury Downs Taxes Dear Steve, In response to your inquiry I am enclosing a copy of the 1987 Real Estate Tax Bill ?or Canterbury Downs together with a copy of the cancelled check evidencing payment for the first half taxes of $1,126,845.00 paid in May 1987. Please feel free to call Mike Cleary or myself at 445-3242 if you have any further questions regarding Canterbury Downs taxes. Very truly yours, Timothy S. Keane Vice President and Counsel The Scottland Companies TJK:jhl enclosure cc: Mayor Eldon Reinke John Anderson - Bruce D. Malkerson i N.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242 _ _ _ JuLius A. CoLLEH,11 JULIUS Lca ATTOBNBY AT LAw rasa-iaaoii wssr nveeoc e2 ees-izsa SHAEOPEE,MINNESOTA 553ZO August 3, 1987 Honorable Eldon Reinke, Mayor of the City of Shakopee and Members of the Shakopee City Council Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Enclosed is a brief resume of part of the time devoted to Shakopee business from January 1 through June 30, 1987. As. I pointed out above thisisonlya partial time record. It does not attempt to cover short office conferences, telephone calls and conferences and short miscellaneous. correspondence. If you have any questions I will be happy to have you contact me. In the meantime,- I: thank you for all of your support. Very truly yours, Julius A. Coller, II ShakopeeCityAttorney JAC/nh Inc. • KRASS & MONROE CHARTERED '-=- -- RECEIVED 327 South Marschall Road Shakopee, MN 55379 MAY- 71987 CITY OF SHAKOPEE City of Shakopee - BILLING DATE 05-01-87 129 15t Ave. E. Shakopee, MN 55379 - -- C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current - - - Balance Billings Received Balance 18-11373002-1 _ General - - 8442.50 $12.50 $442.50 $12.50 18-11373117-1 Prior Lake Spring Lk Watershed Dist 20.00 $0.00 $0.00 $0.00 18-11373137-1 Downtown Redevelopment $0.00 $0.00 $0.00 - $0.00 18-11373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 18-11373158-1 Racetrack bond issue $0.00 $0.00 $0.00 $0.00 18-11373161-1 Shakopee Recreation TIF $0.00 $0.00 $0.00 $0.00 18-11373164-1 -101 Frontage Acquisition - $0.00 $0.00 $0.00 $0.00 18-11373177-1 - Mining CUP $0.00 $27.50 $0.00 $27.50 18-11373184-1 . condemn for rd to PHAddn(BILL APP) -.. - - $133.50 $867.00 $133.50 $867.00 THINKING OF BUYING OR SELLING REAL ESTATE THIS SPRING? - - __ - - - - WE CAN ASSIST YOU' - 445-5080 - PAGE 2 City of Shakopee BILLING DATE 05-01-87 129 Ist Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE-Line(s) Previous New Payment Current Balance Billings Received Balance I8-11373185-1 Alltech Engineering Corp. $0.00 $0.00 $0.00 $0.00 18-11373187-1 101 Bypass $0.00 $0.00 $0.00 .$0.00 18-11373188-1 NSP Dispute over poles $0.00 $0.00 $0.00 $0.00 18-11373189-1 Merchants Hotel Renovation $0.00 $0.00 $0.00 $0.00 18-11.373192-1 Meyer Suit $0.00 $0.00 $0.00 $0.00 18-11373195-1 City Hall Bonds - $0.00 $0.00 $0.00 $0.00 18-11373196-1 Sewer Capacity Issues $0.00 $0.00 $0.00 $0.00 1B-11373197-1 Annexation - Vierling $0.00 $0.00 $0.00 $0.00 18-11373198-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 I8-11373199-1 City Hall Bond Issue $0.00 $0.00 $0.00 $0.00 I8-11373200-1 Eminent Domain $0.00 $650.58 $0.00 $650.58 18-1373177A-1 Scott Cty. Lumber $12.50 $530.50 $12.50 $530.50 17 PAGE 3 City of Shakopee - - BILLING DATE 05-01-87 129 1st Ave. E. Shakopee, MN 55379 - - C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 18-51373002-1 General $125.00 $0.00 $125.00 $0.00 18-51373144-1 Chard $0.00 - $0.00 $0.00 $0.00 19-51373153-1 Hardrives Suit $0.00 $0.00 $0.00 $0.00 18-51373194-1 Charitable Gambling $0.00 $0.00 $0.00 $0.00 18-71373191-1 Purchase from Delores Hoy $0.00 $0.00 $0.00 $0.00 19-81373011-1 Prosecutions $2,060.50 $1 ,372.80 $2,060.50 $1 ,372.80 -----------------------------------------'_--------------- TOTAL $2,774.00 $3,460.88 -$2,774.00 $3,460.88 ,,BASS & MONROE CHARTERE-1 327 South Marschall Road / Snakopee, MN 55379 City 04 Shakopee BILLING DATE 05-27-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 18-11373002-1 General $12.50 $23.00 $12.50 $23.00 18-11373117-1 Prior Lake Spring Lk Watershed Dist , $0.00 $0.00 $0.00 $0.00 18-11373137-1 Downtown Redevelopment - $0.00 $0.00 $0.00 $0.00 IB-11373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 I8-11373158-1 - Racetrack bond issue $0.00 $0.00 50.00 $0.00 18-11373161-1 Shakopee Recreation TIF $0.00 555.00 $0.00 $55.00 I6-11373164-1 101 Frontage Acquisition $0.00 $0.00 $0.00 $0.00 13-11373177-1 Mining CUP $27.50 5210.00 $27.50 $210.00 18-11373184-1 condemn for rd to PH Addn (BILL AFP) $867.00 $285.00 SS67.00 $285.00 RECEIVED MAY 2 8 1987 CITY OF SHAKOPEE THINKING OF BUYING OR SELLING REAL ESTATE THIS SPRING? WE CAN ASSIST YOU 445-5060 PAGE 2 City of Shakopee BILLING DATE 05-27-87 129 1st Ave. E. Shakopee, MN 55379 C L 1 E N T S U M M A R Y Account Numoer RE Lineis) Previous New Payment Current Balance Billings Received Balance ------7- -------- -------- ------- 18-113731-5-1 Alltech Engineering Corp. $0.00 $0.00 $0.00 $0.00 18-11373187-1 101 Bypass $0.00 $0.00 $0.00 $0.00 18-11373188-1 - NSP Dispute over poles $0.00 - $0.00 $0.00 $0.00 18-11373189-1 - Merchants Hotel Renovation $0.00 $0.00 $0.00 . $0.00 18-11373192-1 Meyer Suit $0.00 $0.00 $0.00 $0.00 18-11373195-1 City Hall Bonds $0.00 $0.00 $0.00 $0.00 18-11373196-1 Sewer Capacity Issues - - $0.00 $0.00 $0.00 $0.00 18-11373197-1 Annexation - Vierling $0.00 s0.00 $0.00 $0.00 1B-11373196-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 18-11373199-1 City Hall Bond Issue $0.00 $0.00 $0.00 $0.00 18-11373200-1 Eminent Domain $650.5B $164.50 $650.58 $164.50 16-11373201-1 Minnesota Valley Restoration Project $0.00 $139.50 s0.00 $139.50 i. / PAGE 3 City of Shakopee BILLING DATE 05-27-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y t Account Number RE Line(s) Previous New Payment - Current Balance Billings Received Balance 18-11373202-1 Brambilla Purchase - - $0.00 $0.00 $0.00 $0.00 18-1373177A-i Scott Cty. Lumber 4'/ $530.50 ' $62.00 $530.50 $62.00 18-1373177B-1 Shakopee Lumber Co. Appeal $0.00 $0.00 $0.00 $0.00 18-51373002-1 General $0.00 $0.00 $0.00 $0.00 18-51373144-1 Chard $0.00 $0.00 $0.00 $0.00 38-51373153-1 Hardrives Suit $0.00 $0.00 $0.00 $0.00 18-51373194-1 Charitable Gambling $0.00 $0.00 $0.00 $0.00 18-71373191-1 Purchase {rom Delores Hoy $0.00 $0.00 $0.00 $0.00 19-81373011-1 Prosecutions /6 3 $1 ,372.80 $595.64 $1 ,372.80 $595.64 --------------------------- ------------------------------ TOTAL $3,460.88 $1 ,534.64 $3,460.88 $1 ,534.64 KRASS & MONROE CHARTERED 327 South Marschall Road RtCEIV:. Shakopee, MN 55379 17 JUN 51987 CITY OF SHAKOPEE City of Shakopee BILLING DATE , 06-24-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T 5 U M M A R Y Account Number RE Line(s) Previous - New Payment Current Balance Billings Received Balance 18-11373002-1 General $23.00 $133.90 $23.00 $133.90 18-11373117-1 Prior Lake Spring Lk Watershed Dist $0.00 $46.50 $0.00 . $46.50 18-11373137-1 Downtown Redevelopment $0.00 $0.00 $0.00 $0.00 18-11373157-1 .Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 18-11373158-1 Racetrack bond issue $0.00 $0.00 $0.00 $0.00 18-11373161-1 Shakopee Recreation TIF $55.00 - $0.00 $55.00 $0.00 18-11373164-1 - 101 Frontage Acquisition $0.00 - $0.00 $0.00 $0.00 18-11373177-1 Mining CUP $210.00 $0.00 $210.00 $0.00 18-11373184-1 condemn for rd toPHAddn(BILL APP) - $285.00 -$212.00 $285.00 $212.00 DO YOU HAVE A WILL? - 445-5080 /n PAGE 2 City of Shakopee BILLING DATE( 06-24-87 129 1st Ave. E. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Numoer RE Liners) Previous New- Pavment Current Balance Billings Received Balance -------- -------- -------- ------- 18-11373185-1 Alltech Engineering Corp. $0.00 $0.00 $0.00 $0.00 16-11373167-1 101 Bypass $0.00 $0.00 $0.00 $0.00 16-11373188-1 NSP Dispute over poles $0.00 $0.00 $0.00 $0.00 1B-11373189-1 Merchants Hotel Renovation $0.00 $0.00 $0.00 $0.00 18-11373192-1 Meyer Suit $0.00 $0.00 $0.00 $0.00 16-11373195-1 City Hall Bonds s0.u0 $0.00 $0.00 $0.00 le-11373196-1 Sewer Capacity Issues $0.00 $0.00 $0.00 $0.00 1B-11373197-1 Annexation - Vierling $0.00 $0.00 $0.0u $0.00 1B-11373196-1 Downtown Redevelopment 80.00 $0.00 $0.00 $0.00 1B-11373199-1 City Hall Bond Issue $0.00 80.00 $0.00 $0.00 18-11373200-1 Eminent Domain (Perry - BILL PROJECT) $164.50 s1-u.V0 $164.50 $30.00 1, PAGE City of Snakopee BILLING LATE Ob-24-67 129 1st Ave. E. Snakopee, MN 55379 C L 1 E N 1 S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance -Billings Received Balance 1B-11373201-1 Minnesota Valley Restoration Project $139.50 $372.00 $139.50 $372_00 18-11373202-1 Brambilla Purchase $0.00 $62.00 80.00 $62.00 18-11373203-1 Schesso Boat Complaint $0.00 $186.00 $0.00 $186.00 18-11373204-1 Starwood $0.00 831 .00 $0.00 $31 .00 18-1373177A-1 Scott Cty. Lumber $62.00 $25.00 $62.00 $25.00 18-13731778-1 Snakopee Lumber Co. Appeal $0.00 $12.50 $O.UO $12.50 I8-51373002-1 General $0.00 $0.00 $0.00 su.00 18-51373144-1 Cnaro - - $0.00 $0.00 80.00 $0.00 18-51373153-1 Harorives Suit $0.00 - $0.00 $0.00 $0.00 IB-51373194-1 Charitable Gambling $0.00 - $0.00 $0.00 $0.00 18-71373191-1 Purchase from Delores Hoy $U.00 $U.00 $O.OU $u..UO - 17 PAuE 4 City of Shakopee BlLLiNu DATE 06-24-87 129 1st Ave. E. Shakopee, MN 55579 C L 1 E N T S U M M A R Y Account Numoer RE Line(s) Previous New Payment Current Balance Billings Receivoo Balance -------- -------- -------- —______ 19-81373011-1 Prosecutions $595.64 $874.50 $595.64 $874.50 __________________________________________________________ TOTAL $1 ,534.64 $1 ,985.40 $1 ,534.64 $1 ,985.40 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED July, 1987 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 4 18 1,570,200 7 31 2,515,974 Single Fam-Septic - 10 1,293,300 2 12 1,142,400 Multiple Dwellings - 7 - 645,500 - 4 2, 890,000 (# Units) (YTD Units) (-) (16) - (-) (100) - Dwelling Additions 8 46 225, 966 10 36 207,034 Other 3 13 352,400 - 4 76,400 Comm New Bldgs - 4 1, 045, 000 - 4 8,500,000 Comm Bldg. Addns 1 4 162,000 - 3 887,267 Industrial-Sewered - 1 600,000 - - - - ind-Sewered Addns - - - - 2 4,290,000 Industrial-Septic - - - _ _ - Ind-Septic Addns - 2 - 167,475 - - - Accessory/Garages 1 18. 120,628 2 14 77,700 Signs & Fences 5 36 69,530 9 51 106,094 Fireplaces/Wood Stove 1 6 15, 100 - 2 2,677 Grading/Foundation 2 5 56,400 1 11 322,800 Remodeling (Res) 4 21 143,655 2 11 52,800 Remodeling (Inst) - - - _ - - Remodeling (Comm/Ind) - 21 283,950 3 30 5,413,625 TOTAL TAXABLE 29 212 - 6, 751, 104 36 217 26,484,771 TOTAL INSTITUTIONAL - - - - _ _ GRAND TOTAL 29 212 6,751,104 36 217 26, 484, 771 No. Ytd. No. Ytd. Variances 4 12 3 9 Conditional Use 1 15 3 22 Rezoning - 1 2 2 Moving - - _ 2 Electric 42 137 36 183 Plbg & Htg 30 162 38 219 Razing Permits Residential Commercial Total dwelling units in City after completion of all construction permitted to date. . . . . . . 4,039 Cora Hullander Bldg. Dept. Secretary i i CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1987 7524 Eric Swenson 2136 Foothill Trail Addn 1, 188 7525 Chateau Brick 768 Jefferson Fireplace 3,500 7526 G.F. Juergens 2�00Onyx rive House 80, 000 7527 Joseph Schultz 1287 E. Shakopee Ave. Apt. Addn. 5,500 7528 Cancelled 7529 Sign Service Inc. 8000 Hwy 101 Sign 300 7530 Scott Builders 1224 E. Shakopee Ave. Alt. 500 7531 Lawrence Vierling 971 Scott Addn. 8,400 7532 Pat O'Neill 1042 Shawmut Addn. 6,700 7533 Valley Paving 8800 E. 13th Ave. Fill 500 7534 Thomas Gits 111 E. 5th Ave. Addn. - 200 7535 Dolphin Pool 918 Dakota St. Pool 9,000 7536 LeRoy Signs 8000 Hwy 101 Sign 4,300 7537 Olympic Pools - 2693 Marschall Rd. Pool 13,800 7538 Gardner Bros. 2300 OnyxW/grive ,,e.�� House 75,900 7539 Edman Builders 833 Marschall Rd. Church 250,000 7540 Art Gesswein 133 W. 1st Ave. Sign 425 7541 Michael Kelzer 1053 Atwood St. Addn. 1,125 7542 Mark Buessman 987 Spencer Addn. 1, 300 7543 Attracts Sign 630 E. 1st Ave. Sign 2,045 7544 Dale Hathaway 8937 E. 13th Ave. Addn. 10,000 7545 Cancelled 7546 Neisen Const: 304, 306 Shawnee Tr. Addn:- - - 3,240 7547 Ken Fischer 418 E. 2nd Ave. Addn. 600 7548 Michael Menke 224460 Onyx Drive House 139,000 le . 7549 Keith Lusignan 1042 Sibley St. Stg. Bldg. 2, 150 7550 Laurent Bldrs. Stonebrooke Grading 50, 000 7551 Signs of Quality 1221 E. 4th Ave. Sign 300 7552 Vern Davies 406 W. 7th Ave. Alt. 300 7553 Korbrook Const. 219 W. 3rd Ave. Alt. 6,000 7554 James Engel 2457 Emeralo Lane House 81, 000 4� rN Moe n JramNAe r r nerNtlh xw n prm P r--m xr.uirww n mo a r ew -+m av ¢ Ntl N MPO NNia PN.JNWP N pJ p tle p0 r^-, W ` Y W 11 1 lel 111111111111 1 0lo a leo I elft I 'II 6 2 FOF OF F' fboo000eN NNpenoo p ONoo0o090e N eJO A�00h b'NN a NN .....OP.N^POobtlb n ^JNO N eoo N feNeo'o o_' �N 0 P NNND00MDN tle'Lm J^ PPNO D eoo O h0 NPMtlp < N h ObP_bpbA'^ M 00^o Noo N ', FOn 'N FN " > F P'N^ M ^n nF0 ^N p 0etl _ __ e 1 tlNo F0 M 1 6'. r 06 p q o oNoo oNPPOFNep . LL J m.Pr o.1- F- JnOo 4N No 'o o.NP p ogoN'olllF- O OV FM1N PN n e etlp00_On ^h o n o' M1 OP - ' m r'6 tl^N p M1N M1' M1MOMn'0J 'd ^ h D� 'Fn p' ' 6 N N ^' ^T• nJOpfNnN. 0d0 n N NP OFN N. 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A S: m m m' a 9 0 K T O. a a r-v a ro u K - m m J p D a N D 2 P O D m n a. m N. 9 1 P O 0�0 TENTATIVE AGENDA PLANNING COMMISSION Scott County Court House Room 318 Adjourned Session Shakopee, MN August 20, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of July 30, 1987 Minutes 4. 7:30 P.M. CONTINUED PUBLIC HEARING To consider the application for a Conditional Use Permit to operate an outdoor music center as a minor commercial recreational facility upon 86 acres located N. of 12th Avenue, W. of valley Industrial Blvd. S. and E. of the K-Mart Distribution Center on County Road 83 . Applicant: Scottland Companies Action: Conditional Use Permit Resolution #492 5. other Business 6. Adjournment Dennis R. Kraft Director Community Development Note Meeting Time: 7: 00 P.M. TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota August 20, 1987 Chrm. Ziegler Presiding: 1. Roll Call at 7:00 P.M. 2. Approval of Minutes - July 16, 1987 3. Action Items a. 1987 Budget Amendment Request -- b. Expanded Dial-A-Ride Service Hours C. 4. Discussion Items a. S.W.A.T. - Chaska Dial-A-Ride - Update b. Recycling Program - Paper Drive 5. Informational Items a. Dial-A-Ride Monthly Report b. Van Pool Monthly Report C. 6. Other Business a. Next Meeting - Thursday, Sept. 17, 1987 - 7:00 PM b. 7. Adjournment Barry A. Stock Administrative Assistant CITY OF SHAKOPEE PROCEEDINGS OF THE ENERGY .AND TRANSPORTATION COMMITTEE Regular Session Shakopee, MN July 16, 1987 Secretary Schmidt called the meeting to order at 7:05 P.M. with Commissioners Allen, Spiotta and Schmidt present. Commissioners weeks and Ziegler were absent. Barry Stock, Administrative Assistant was also present. Allen/Schmidt move to approve the minutes of the May 21, 1987 as kept. Motion carried unanimously. Mr. Stock reported that he has received conformation from the Department of Energy and Economic Development regarding the approval of the City of Shakopee' s Community Energy Council Grant Application. To refresh the Committee's memory, Mr. Stock described the three primary components of the Community Energy Council Grant Application. The first component relates to the home energy check-up project. This project will reach approximately 175 homes in Shakopee. The City will receive assistance from Minnegasco in the amount of $12,000 to implement this program. The City could also receive up to $2,000 from Shakopee Public Utilities pending the participation of SPUC users in the program. The second component of the grant application included the implementation of a demonstration recycling program in two apartment units in Shakopee. The final component of the program involved the transit program. Funding was requested and received for implementation of a six month demonstration program for the expansion of the dial-a-ride service to Saturdays. Funding was also approved for the implementation of a reverse van pool program. The total grant award from the Department of Energy and Economic Development was $15,000. The City's 10% match is being provided through an in kind contribution in the form of space and utilities for City staff working on the project. The total energy program developed by the Energy and Transportation Committee will be in excess of $30,000. Mr. Stock then informed the Committee that the majority of the project elements will begin this fall. Mr. Stock discussed the dial-a-ride program andthe recently expanded service hours. He reported that during the demonstration we have been averaging approximately four passenger trips per day. He also reported that he had received calls from several individuals who liked the extended hours but would appreciate them even greater if they were continuedon a year around basis. Many of these individuals stated that they have greater need for the evening hours during the school year when there are many special events going on at the school. They also like the idea of having the extended hours during the winter months when it gets dark at approximately 5:30 and the weather is much harsher. Mr.. Stock suggested that the Committee monitor the ridership during the month of July and make a decision in August regarding the possible extension of the evening hours on a year around basis. The Committee concurred with Mr. Stocks suggestion. Mr. stock reported that the Transit Administrator from the Southwest Area Transit Commission has approached the City of Shakopee to determine if we would be interested in pursuing the possible expansion of our Dial-A-Ride Service to the City of Chaska. Mr. Stock stated that the Southwest Area Transit Commission has a contract with the MTC for the provision of Dial- A-Ride Service in the City of Chaska. The MTC is subcontracting this service to another provider and charging the Southwest Area Transit Commission approximately $30 per hour for the service. This compares to a $17.90 per hour cost that we are presently paying for our Dial-A-Ride Service. The Southwest Area Transit Administrator has also had a very difficult time working through the MTC to reach the Dial-A-Ride provider. Mr. Stock has informed the Southwest Area Transit Administrator that the City of Shakopee is interested in discussing the possibility of extending our Dial-A-Ride Service so long as it does not increase our transit costs or have an adverse affect on the Dial-A-Ride Service currently being provided in Shakopee. Mr. Stock explained that in order for this type of program to work, the Southwest Area Transit Commission would first have to break their contract with the MTC. Following this action the Southwest Area Transit Commission and the City of Shakopee would have to enter into a joint powers agreement for the provision of Dial-A-Ride Service in Chaska. The City of Shakopee would then have to amend their Dial-A-Ride Contract to allow for the service extension. Mr. Stock stated that there are many legal questions that need to be answered before we can take any action in regard to this issue. Commissioner Spiotta questioned what benefit the City of Shakopee would receive if we were to pursue this issue. Mr. Stock stated that if the Commission so desired, the City of Shakopee could pursue a Dial-A-Ride Program which offered trips between the City of Shakopee and the City of Chaska. Another alternative would simply be to keep the two Dial-A-Ride systems totally separate and not offer a commute trip between the two communities. Staff has informed the Southwest Area Transit Administrator that the City of Shakopee may require an administrative fee (yet to be determined) for provision of the Dial-A-Ride Service in Chaska. Mr. Stock reported that this fee could then be counted as'A revenue in the Dial-A-Ride Program and help lower the overall cost per passenger trip within our program. Commissioner Allen questioned the legal ramifications that may be accrued by the City of Shakopee if we pursue the Dial-A-Ride extension. The primary concern being liability. Mr. Stock _ . reported that these issues are also concerns of staff and will have to be discussed prior to any action on the part of the City. Mr. Stock also reported that he would have the City of Shakopee' s Attorneys confirm the findings made by the Attorneys of the Southwest . Area Transit Commission regarding the legal and liability questions as they relate to this issue. Commissioner Schmidt stated that she felt that this issue had some merit and that staff should continue working with the Southwest Area Transit Commission to determine the feasibility of expanding the Shakopee Dial-A-Rider Service to Chaska. Commissioners Spiotta and Allen concurred with Commissioner Schmidt' s statement. Commissioner Spiotta also requested that staff do a listing of pros and cons regarding this issue for discussion at our next meeting. Mr. Stock reported that the Regional Transit Board has recently adopted a set of fare policies and procedures. The original policy proposed by the RTB specified a 208 fare box recovery for Shakopee Van Pool and Dial-A-Ride Services. Mr. Stock unsuccessfully tried to convince the Regional Transit Board that opt-out communities should not be responsible for attaining any fare box recovery ratio. Since our funding comes from local property tax dollars, Mr. Stock felt that it was a local decision as to whether or not fares should even be charged. Mr. Stock stated that it would be different if our program was funded by tax payers in Minneapolis, but that is not the case. Our tax payers pay for our service and we should be able to make the decisions in regard to the fare levels within our community. The RTB did however reduce the fare box recovery ratio from 208 to 158 for our program. Mr. Stock noted that the current fare box recovery ratio for our Dial-A-Ride Program is 17.98 and the fare box recovery ratio for the Van Pool Program is approximately 208. Mr. Stock stated that when future expansions of our program are considered we will now have to consider the attainment of the 158 fare box recovery ratio. Mr. Stock went on to state that in the future we many want to consider other revenue producing ideas that might help us obtain the fare box recovery ratio such as the administrative charge discussed earlier in conjunction with the extension of our Dial-A-Ride Service to Chaska and also possible sponsor advertising on or within our vehicles. Mr. Stock then presented the Dial-A-Ride and van Pool Monthly Reports for the Committees review. Mr. stock also reminded the Commission of next weeks annual City picnic. There being no further business, Commissioner Allen/Spiotta moved to adjourn the meeting at 8:00 P.M. Barry A. Stock - Recording Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on July 6, 1987 at 4:30 Y.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Manager Van Bout, Liaison Wampach. Secretary Menden was absent. President Kirchmeier passed the gavel to now acting President Kephart. Motion by Cook, seconded by Kirchmeier that the minutes of the June 1, 1987 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 Auto Central Supply Co. 16.13 Bentz Construction, Inc. 181.50 Border States Electric Co. 5,255.65 Burmeister Electric Company 1,846.08 C. H. Carpenter 11.50 Chapin Publishing, Inc. 179.40 City of Shakopee 631.04 City of Shakopee 8,852.50 Cy's Amoco 16.75 Dick's Conoco ' 25.00 Excel Office Products 46.92 Glenwood Inglewood 8.95 Graybar Electric Co. 5,377.14 li H & C Electric Supply 2,102.41 Hach Company 89.45 Mary Lou Henderson 28.88 Hennen's ICO 6.94 Kress and Monroe Chartered 355.00 Leef Bros. , Inc. 20.00 Vincent Marschall 104.31 Minnesota Valley Testing Laboratories 27.41 Motor Parts Service, Inc. 10.68 Ted Neisen 190.30 Northern States Power Company 380,797.27 Northern States Power Company 1,696.81 Northern States Power Company 332.32 N.W. Bell Telephone Co. 30.00 Otter Tail Power Company 400.75 Precision Laboratories, Inc. - 424.16 E.H. Renner and Sons, Inc. 11,690.97 Reynolds Welding and Supply Co. 6.82 Rockwell International 117.84 Rybak Digging and Trenching Services 750.00 Schilz Ornamental Iron 38.00 Schoell and Madsen, Inc. 3,452.95 Shakopee Services 44.00 i a.3 Tom Siebenaler 11.55 Starks Cleaning Services 53.40 Suel Business Equipment 10.72 T 6 R Service 20.00 Twin City Water Clinic, In.c 180.00 United Compucred Collections, Inc. 79.20 Valley Industrial Propane, Inc. 22.05 Lou Van HOut 412.37 Voss Electric Supply Company 92.21 Water Engineering and Management 42.50 Wesco 3,763.53 Wheeler Lumber Operations 2,144.60 Wild Iris, Inc. 45.00 Industrial Sales and Service 245.71 Plehal Blacktopping, Inc. 525.00 Shakopee Public Utilities Commission 91.50 Southwest Suburban Publishing, Inc. 83.98 Lou Van Rout 29.28 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A memo from Greg Voxland, City Treasurer dated 6/26/87 regarding the blanket insurance policy was presented by Manager Van Hout. A discussion followed. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission continue with the present insurance policy with the City General Government for the remainder of this insurance year without the umbrella policy attached. Also to authorize the Manager to initiate proceedings to change to our own insurance in the future and also to send a memo to John Anderson and Greg Voxland to inform them that we will be looking into obtaining our own 'insurance in the future. Motion carried. Motion by Kirchmeier, seconded by Cook to approve payment of the City of Shakopee in the amount of $47,975.91 for the property and liability insurance package. Motion carried. Mr. Tom Edman was present to present plans for the construction of the Mount Olivet Lutheran Church on County Road 17. Mr. Gary Laurent was also present. A discussion was held on the extension of the water service to the property. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities require either construction of a six inch main across County Road 17 to the Northeast corner of the property owned by the Mount Olivet church or else the obtaining of the satisfactory legal encumberance on the property to the East and the construction of a second service line for future water service from the East side of the property in addition to a temporary hookup from County Road 17. Motion carried. Mr. Ken Adolf, Schoell and Madson delivered pay request No. 5,the final pay request from T.M.I. Construction Services, Inc. for painting of the Steel water Standpipe in the amount of $9,947.12. He also presented a bill from Nobel Nursery, Inc. Pay Request No. 1 in the amount of $22,388.00. a. 3 Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission approve the payment to T.N.I. for the completion of the painting of the standpipe in the amount of $9,947.12. Motion carried. Motion by Kirchmeier, seconded by Cook to approve payment to Nobel Nursery, Inc. in the amount of $21,268.60. Motion carried. Liaison Wampach gave a brief report on the painting of the golf tee water tank. Manager Van Rout presented the proposed territorial boundary for providing electric service to Hauers 4th Addition. A summary of the downtown fire protection study was given along with the conclusions of the study. Motion by Kirchmeier, seconded by Cook to present Resolution 4318 A Resolution Presenting Public Power Week. Ayes: Commissioners Cook, Kirchmeier, Kephart. Mayes: none. Resolution passed. Motion carried. A report on the failure of a power cable owned by Canterbury Downs was given. They had asked for assistance from our dutyman, John Dellwo who assisted with the repairs. There were no new plats for the month of June, 1987. There were 4 fire calls for a total man time of 2 hours. There were no lost time accidents for the month of June, 1987. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Menden, CohMission Secretary MINUTES OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA JULY 30, 1987 Chair VanMaldeghem called the meeting to order at 7:36 p.m. with Comm. Czaja, Foudray, Rockne, Schwartz, Pomerenke and Schmitt present. Also present were Cncl. Clay; John K. Anderson, City Admr.; Dennis Kraft, Community Development Director; Douglas K. Wise, City Planner; Ken Ashfeld, City Engineer, with the Asst City Attorney, Rod Krass, arriving at 8:30 p.m. Czaja/Rockne moved to limit discussion of the sign ordinance to 8:20 p.m. Motion carried unanimously. Foudray/Rockne moved to approve the minutes of June 18, 1987 as printed. Motion carried unanimously. DISCUSSION - SIGN ORDINANCE Discussion of the sign ordinance was initiated by the City Flamer, who stated there were no major changes to the definitions. Some minor additions were made because of incorporating language from the Downtown Committee regarding signage. The draft copy of the sign ordinance was reviewed, beginning with the "Definitions" section. Comm. Schmitt questioned the intent of the "Government Sign", stating he thought it would put staff and City Council in the position of erecting signs which aren't otherwise allowed, and without going through the Planning Commis- sion. The Comm. Develop. Dir. explained it was the Chamber of Commerce which originally expressed the inability to construct signage to direct traffic towards major recreational facilities, especially upon observing a lot of traffic going in the wrong area. He pointed out this section does require the recommendation of the Planning Commission, and therefore, is not meant to circumvent Planning Commission. Comm. Schmitt suggested it could be tied together with the "Commercial Recreational Directional Signage" section. Comm. Czaja recommended the addition of the word "fixed" as an alternative to definition G "Canopy and Awning". Discussion ensued regarding the addition of the announcement of public events - or information to Y "Public Information Sign", to expand that definition. 0 "Graphic Design Signs": Comm. Pomerenke questioned differentiating between art and signage. It was explained the Downtown Committee was in support of this section. GG "Window Sign": Comm. Czaja asked if a definition of window was needed, because of the many buildings that are all glass. The City Planner said the intent was transparent glass. A City intern suggested a limit on the size of the sign to 15% of the window or 10 square feet, whichever is less. The City Planner pointed out the portable "Renaissance Festival" sign is largerthanallowed in the definition, but they have a variance for that sign, which is also available to any business which meets the criteria. Shakopee Planning Commission July 30, 1987 Page 2 y B)3) "Temporary Signs": Comm. Schmitt suggested adding "or one year, which- ever is less', because of some R4 neighborhoods. Comm. Czaja expressed con- cern about someone not able to sell their home. The City Planner stated there is an exception for single family dwellings. N "Public Information Signs": Definition to read as follows: Signs which provide accurate time, temperature or stock market data, or public service messages, shall constitute as part of the allowable signage providedwithin the various districts. 0 "Commerical Recreational Informational Signs": The Comm. Develop.. Dir, said this section deals with signage off-site, to enable traffic to go directly to the facility. He pointed out this is for large facilities only, those with at least 200,000 customers per year. The intention is to limit the size and content, with the possibility of multiple names on one sign. Comm. Schmitt expressed his concern that there would be a lot of garish signs all over. He added directional signage is being done by the State. The Comm. Develop. Dir. responded the State is doing it on a very limited basis. Chair VanMaldeghem asked if there was anyone present who represented business and was in favor of this section. . . Marilyn Hageman, Chair of the Tourism Committee for the Chamber of Commerce, explained they were thinking of a standardized, easily-recognizable directional sign, not much larger than a street sign, which would direct traffic to large recreational facilities off of major roads. Comm. Schmitt commented he didn't think the City could erect signs within the State easements. Schmitt/Rockne moved to direct "0) Commercial Recreation Informational Signs" back to staff for further definition of size, purpose, intent and allowable zones. Comm. Schmitt would like the RTD to be considered as an allowable zone. Potion carried unanimously. Schmitt/Czaja moved to refer back to staff for possible consolidation sections "H. Commercial Recreation Informational Signs","N. Government Sign", of Defi- nitions and sections "N) Public Information Signs" and "0) Commercial Recrea- tion Informational Signs" of Subd. 3. General Provisions Applicable To All Districts section. Potion carried unanimously. Schmitt/Czaja moved for a five minute recess at 8:28 p.m. Motion carried unanimously. Chair VanMaldegham called the meeting back to order at 8:41 p.m. PUBLIC HEARING - CONTINUED - CONDITIONAL USE PERMIT BY SCOTTLAND (STARWOOD) Schmitt/Pomerenke moved to continue the public hearing regarding the conditional use permit request to operate an outdoor music center as a minor commercial recreational facility upon 86 acres on CR83. Motion carried unanimously. The City Planner gave an overview of the information presented previously. The music center (Starwood) proposes seating for 5,000 under cover, with an additional 12,000 seating on a green area. He referred to a site plan layout, which showed total parking for 6,679 vehicles. An Environmental Assessment Worksheet was completed, and scheduled before the City Council Tuesday, at which time it will be decided if it is sufficient and whether an Environmental Impact. Statement .is needed. The recommendation of the report is that the RAW Shakopee Planning Commission July 30, 1987 Page 3 is sufficient. No comments were received requesting an EIS. The hours of the music center are proposed to be 8:00-8:30 to 11:00-11:30 p.m., with scheduling to not conflict withheavy traffic during rush hour or during races at Canterbury Downs. A traffic management plan was submitted, and an Indirect Source Permit is required from PCA, which regulates the hours of operation, with an aim towards minimizing pollution from automobile traffic, and which also addresses the noise control issue. The developer indicates the sewer, water and public utilities are available or will be hooked up to the facility with no major extensions. The City Planner continued that the developer has done a sound analysis which indicates sound at the nearest residence to be 35 DBA, which is less than City and State standards. The music center is proposed to cost $7 million to build, and will generate $300,000 in real estate taxes, with an additional 25C per ticket for the county. The City Planner summarized the concerns voiced at the last public hearing as follows: 1. traffic congestion; 2. security on- and off-site, encompassing crime, drugs, alcohol, additional police work and trash and vandalism; 3. noise; and 4. values and use of property in the future. He summarized the purpose of the continuation of this public hearing is to allow the public to provide new information. He also referred to the written response by the developer to the questions and concerns brought up at the last meeting. He added that all the information provided to the City has been forwarded to the Commissioners. Bruce Malkerson, representing the developer Scottland, referred to the ques- tions they have answered and the criteria they have met and the summarization of the applicable legal criteria. Mr. Malkerson stated. this music facility is proposed for the middle of the industrial park, far away from residential areas. Because Blossom Music Center of Cleveland was mentioned at the last hearing, Mr. Malkerson stated Blossom Music Center's (BMC) manager, Chris Phalman, was contacted to explain the locational relationship of that facility and adjacent homes. Mr. Malkerson showed the aerial maps of BMC which is served by a two- lane road, along which more than 85 homes are located. Two private homes are included in the BMC boundaries, with grass parking for BMC going around three homes immediately adjacent to the center. He stated this is dramatically dif- ferent from the layout for Starwood. They have a letter from the Mayor of Cleveland stating there have been some problems, but they worked with the neighbors and he thinks the BMC is a great asset to the City and loves having it there. BMC's picture is shown on the phone book and on signs welcoming people to the city. He added that 4 cities tried to annex the facility in r-uyahga. Mr. Malkerson said at the last meeting it was stated that a music facility proposed for Indianapolis was rejected, but upon investigation it was found it was proposed for a residential area and rezoning and a variance were requested, which were denied. Recently Indianapolis invited the center to locate in the middle of an industrial center. Mr. Malkerson said the County Assessor was asked if there has been any adverse affect on property values close to Canterbury Downs, and the reply was "no". Two Shakopee residential real estate brokers were asked if there had been any Shakopee Planning Commission July 30, 1987 Page 4 T adverse affect on property values near Canterbury Downs, and both noted in writing that there has been no adverse affect. Howard Shenehon, -anoutside independent appraiser, was asked to analyze the potential affect on property values, and he concluded there would be no adverse affect on any property values as a result of Starwood. Mr. Malkerson addressed a one-page handout which had been distributed in Shakopee, in which the recipient was asked to say no to Starwood. He read each statement from the handout and responded to it. (1) Traffic: The maximum count of 7,000 vehicles will occur only 5-6 times a year. This traffic is late in the evening when there is little background traffic. The reviewing agencies have found the roadways sufficient. (2) Noise: Any traf- fic generates some noise, but this traffic is primarily on Hwy. 101 and meets all State standards. Any sound from the music center is far below the State and City standards, and is far less than existing airplane noise. (3) Crime: A security plan has been reviewed by the Police Chief, and the developer has agreed to modify anything deemed appropriate by the police. Anytime there is a new facility there will be an increase in police incidents. However, after a little while it does not continue to increase. (4) Taxes: The facility will generate $300,000 in real estate taxes. This facility is not in a tax increment district and they are not asking for any public contribution. They have agreed to pay all on- and off-site security costs. The tax increase experi- enced in Shakopee is attributable to cut-backs in State and Federal funding to the County and City, which had to be made up with additional local taxes, and from changes mandated in assessment procedures. The County will receive an additional 25C per ticket tax to help fund new CR18. (5) Jobs: There are quite a few people in Shakopee and Scott County who are employed on a seasonal basis, and are quite happy to be employed. Retail businesses benefit from the increased sales from tourists and workers. (6) Property values and employment: There has been testimony that there will be no dimunition of property values because of this facility. Greater employment promotes a greater need for homes, values go up and with a larger tax base, taxes go down. Mr. Malkerson concluded that we are governed by the State constitution, statutes, and zoning and land-use ordinances, which allow people to build homes, churches, shopping centers, etc. when there is opposition. He mentioned the numerous letters of support on file with the City, and mentioned the names of individuals and business which support this proposal. Mr. Malkerson stated they believe there are many benefits to the City from this music center, and they believe they have met the criteria in the ordinance and request approval of the condi- tional use permit requested by Starwood. Mr. Malkerson passed out a proposal for a volunteer citizens advisory board which would review programming and problems for Starwood. They propose this local advisory board would be made up of representatives from the Industrial Commercial Commission, Chamber of Commerce, religious community, local residents, facility owner and school district. They recommend this board would meet once a month during the operating season and once a quarter during the off-season. He said this board would be immediately formed once the permit is approved. They understand this board could be influential in the revocation of the con- ditional use permit if the facility was not operated in accordance with the - ordinance. Shakopee Planning Commission July 30, 1987 Page 5 02 r Chair VanMaldeghem asked for comments from the audience relative to the requested conditional use permit for Starwood. Dr. Muralt, on behalf of the Chamber of Commerce, spoke of the many benefits Shakopee has received from the other recreational facilities in and around Shakopee, because when any of these facilities makes money, the community benefits. He thinks Starwood will help just as much. Jim Gerlach, 637 4th Avenue East, said the people want more say in what goes en in town. He thinks Shakopee is a laughing stock, where things are put that other communities don't want. He asked for more time to gather evidence and answer questions. He thinks this should maybe wait until the bypass is in. Lavonne Vannis, 1550 Eagle Creek Blvd., said she has attended the meetings, but it never occurred to her to write a letter to the Planning Commission, because she didn't think it would carry much weight. She trusts the Planning Commission to just do what they think is right. Virgil Mears.. stated it is his understanding the reason there is a public hear- ing on this proposal is because the developer changed their plans so the com- munity would be better served. That indicates to him there is some honor in the developers. He supports this development which will return something to this community immediately because it is not financed by public funds. He thinks this is a cultural addition that will enhance tourism in Shakopee. He has reason to believe the youth inthepublic schools will have the opportunity to usethis facility and enhance their educational experience. Al Conger, 2666 Hauer Trail, thinks that 35 DBA is an unacceptable level. He thinks it should be remembered that the bypass is not in yet. He said the people who support the project are those that would benefit by it. He thinks the jobs it would provide are part-time and not the kind that will pro- mote permanent residents. He doesn't know how the developer can make anykind of assumption about the number of cars. He thinks the land value investment of the developer is not much to lose, but the homeowners have the most to lose. The homeowners are constantly fighting traffic, and he thinks crime will in- crease. He believes rock groups breed crime and drugs and liquor violations. Joseph Zak, 5371 Eagle Creek Blvd., stated he has a petition in oppostion to Starwood, but he asks that its confidentiality be safeguarded, and wanted assurances it would not be copied. The Ass't City Attorney responded that once something is placed into public record., the City has no authority to withhold that information. Mr. Zak then agreed to place the petition into public record and asked anyone who signed it if they wanted to remove their signature at this time, and there was no reply. Mr. Zak showed a computer print-out of the 1,016 names he claimed were witnessed and verified in opposition to Starwood. He said they didn't have the same money or time to fight the developer, but had just 10 people going around getting signatures on this petition. He stated he has met with 102 senior citizens and they are on his side. He claimed if the businesses get business from Canterbury Downs, they support this development. He said the business letters were solicited by the developers. He stated he has 150 letters against the development. Shakopee Planning Commission July 30, 1987 -- Page 6 Mr. Zak criticized the Shakopee Valley News for giving more print to the proposal than to his opposition. He saidwhen therock band Motley Crue recently performed, there were 95 enforcement incidents. He said Ron Myers, one of the builders of Blossom Music Center, told him people from the music center urinated in his backyard. He said two people died at the AC-DC con- cert, but all the developer talks about is the sweetness and light of this thing. He said Cuyagha Falls is crime-ridden and Westfall Center was refused by three towns. He said a lot of people think the outcome of this proposal is predetermined. He submitted a letter to the editor to a representative of the Shakopee Valley News. Mr. Zak claimed taxes are up 38.965 because of Canterbury Downs. He questioned comments from the Met Council which the City rejected. He questioned the spraying for mosquito control at the music center and how that would impact the ecology. Mr. Zak said he has a neighbor who has just lowered the price of his home he has for sale because of Starwood coming in. Another neighbor is trying to sell his house because of the uncertainty in the area. He be- lieves all the real estate experts are just making assumptions that don't mean anything more than his opinion. If the property value does diminish, what will - be done about it and how will it be proven? He said real estate people have signed his petition in opposition to Starwood. He thinks industrial business will be kept out by the squawking of bands tuning up in the daytime. He asked how the crowds will be controlled when waiting for trains. He asked who he could turn to hen there are sound problems. He admitted he likes to listen to the sounds of some bands which he wouldn't want in his neighborhood. He wondered about the lack of coverage of police personnel, ambulance and other health and welfare problems. He said the police have cancelled vacation checks and opening locked vehicles because of a lack of personnel because of Canterbury Downs. He simply doesn't believe the sound will be 35 DCB. He said Riverfest was 110 DBA. He thinks the $300,000 in taxes will go away real fast tower police protection and related problems. He questioned the finances and ability of this group to do what it proposes. He doesn't believe they won't book any mega-concerts during the time the Renaissance Festival is on, and he doesn't believe the sample music performers listed for booking. He said in the next 7 days he will have a lot more names on this petition. against Starwood. He thinks if he had the money, he could get experts to contradict the sound experts the developer quoted. Chair VanMaldeghem stated if this petition is entered into the public record at this time, there are no assurances it will not be seen or copied by others. However, the City does not sell names. The Ass't City Attorney gave his opinion that the computer list can be accepted by Planning Commission as representing what Mr. Zak said it does; however,. the _. actual signature slips should also be submitted. He added the ending date for the submission of lists would be the last date the Planning Commission takes . this under consideration before voting on it. However, any party aggrieved by the decision of this body can appeal to City Council, which can also receive more petitions. He further explained the reason the lists cannot be kept -- private is because of various State and Federal regulations that control muni- cipalities in open meetings. Shakopee Planning Commission July 30, 1987 Page 7 Curt Olson, 620 McDevitt Street, said he has the feeling the decision has already been made. He said he was born and raised in Brainerd and lived 3 miles from the Brainerd International Speedway (formerly Donnybrook). He said they constantly had people urinating on their property during racetimes, and across a lake they could hear car engines to the point where they couldn't carry on a conversation, which is why they moved. He said they looked hard for a community that had good things for their children. They moved here 15 years ago. He said he believes in growth, because they are in the 10 county metro area. He spoke of an IDS training center being proposed for Chaska, creating 500 jobs, with 1500 students per year living in the community, He said that community was picked because of the serene quietness, something which is too late for Shakopee. He understands Shakopee's old reputation was for slot machines, booze and women and now its getting the same reputation. He commented that Blaine is also having a public hearing for an outdoor music facility. He mentioned a rock concert-.he attended where someone drunk fired into the crowd, and another one where marijuana was thick in the air. He said he loves rock and roll music, but not these concerts. He thinks a greater number of hot rock stars will be booked than the developers are admitting. Mr. Olson is also concerned about alcohol abuse. He contends that out of 3,000 cars, 1,500 drivers will be legally impaired. Mr. Olson said listening to a police scanner before Canterbury Downs was bor- ing, but now he can't keep up with it. He said there were 3 armed robberies in the last week. He said that listening to a big boombox which is within the legal limitsfornoise still can keep you up at night. He didn't used to be scared in Shakopee, but since Canterbury Downs, he is. He said he is consider- ing moving because of the traffic congestion. He has checked real estate prices and finds he would have to pay about $30,000 more on the other side of the river. He thinks the property values are retarded here because of the problems. He said he is listing his house for sale immediately if this proposal goes through. Mr. Olson proposes that if this music center is passed, they would also have to pass a house of ill repute, based on not too much traffic, money to the City and no noise. He contends that according to the developer, every- body in town will make money, but they won't have safety in their homes. Colleen Dusek said she has lived in Shakopee for 211 years, and she wants to stay here. She thinks it is an insult to the younger people to say they are all irresponsible and into drugs and drinking. She is under 30 years old and is also a parent, and when they go out they have a designated driver. She said she hasn't gone to a rock concert, but Starwood would be one place whe would go to. Carl Hageman, who doesn't live in Shakopee, but does work here. He said he is a practicing musician and has spent time at the Carlton Celebrity Club. He would like to be able to perform in places like Starwood. He said some of the larger crowd-drawing stars were .Neil Dimond, Kenny Rogers, Madonna; with Neil Diamond drawing more crowds than rock groups. He said he used to be one of the seasonal minimum wage earners, but now Canterbury Inn has given him an opportunity for management possibilities. He hopes Starwood goes through. Tim Pietrzak, 5411 Eagle Creek Blvd., said he has been a resident for 14 years. He thinks there is too much hurry. He said he deals with Christian entertainment and studios are now being built in the midwest. He doesn't think enough research Shakopee Planning Commission July 30, 1987 14Page 8 has been done into community benefits. He mentioned studies done by professors_ at the University of Chicago regarding different kinds of music.and its effects on the public. He asked where this many people would be sheltered in a storm like we had last week. He said he has given the decision to God and believes He can handle it. He said he isn't against it, but thinks it shouldn't be rushed. Bonnie Sharp, 2310 Horizon Circle, wondered how many of the business people who support this proposal have to come home in the traffic congestion. Even though Starwood will open later, the traffic will start early to get there. They are seriously considering moving because of the traffic problems. Many times the traffic has kept them from going-places and doing things. They have to place everything they do around the traffic from the racetrack. Mike Jensen, 1054 Legion Street, asked why this hastobe settled this week. He thinks this town needs time to grow up. He believes progress precedes people, but time heals a lot of factions. He asks this to be tabled for a few months or a year. He lives here and drives out of the community and the traffic is a definite problem. They are talking .about a 5 month span of operation, 10 events a month, 3 a week, which will conflict with Canterbury Downs. He doesn't think the $300,000 taxes generated is enough. The one benefit is it is a private enterprise, and if they fail, we don't have to bail them out. The 25C tax is for the ferry bridge which is needed anyway. He thinks an additional tax on concessions, etc. be considered to help support the police department. He said he moved here 7 years ago when Shakopee was growing at some kind of controlled pace, but since then we have been innundated with tourists. Shakopee is not a place he would move to today. He is tired of the stop lights, and he doesn't believe his home value will increase. He would like to see some kind of guarantee on his property value. He also thinks the decision has already been made, but asks for a reconsideration and not to vote on it tonight. He said the opposition is not a professional group, and they could present more information if they had more time. Pat Christensen, 1041 Shawmut, said she was born and raised here and she wants her children to experience the hometown feeling that she had. She allows for progress, but thinks this is out of hand, and moving too fast. Stephanie Walker, 1910 East 11th Avenue, stated she is interested in morality and security for her family. She doesn't want to give up her house and low monthly payments. She questioned the parking for Starwood. The City Planner answered the parking_shown is in excess of that required in the code. She thinks it would be good for the Planning Commissioners to attend a concert to see first-hand what goes on at a rock concert. She believes it is our job to make life more secure for kids and she doesn't think bringing in rock concerts will add security. Jerry Smith, 1031 Leisure Street, thought it would be nice if the public would win once, and since there is asbestos in land filling, potential for pollution in our aquifer, they might as well go ahead and put this piece of junk in too. Beverly Koehnen asked about the 35 DBA, where they would be and the frequencies. She is concerned for the vlaue of her home. She also asked for the names of the local realtors quoted by the developer. Shakopee Planning Commission July 30, 1987 Page 9 Sue VanEyll, 1975 Hilldale Drive, said they are just a small group of residents, and people forget they are in the City limits. She said they can't even walk on CR16 since Canterbury Downs came in. She would like this to wait until the bypass comes in. She asked for bike paths along CR16 so they can use their land. Paul Schmitz, 1401 Tyrone Drive, said they are right in the path of the race- track. He was under the impression none of the racetrack traffic would be let out on the backside. But during the last two weeks the back gate has been opened. If this is an example of someone giving their word, why won't they do this again. He said he lives on a dead-end road, and one night 10 cars drove up and made a U-turn, driving more than 30 m.p.h. He said many children play and ride their bikes on the road because it is dead-end. When the races are over, they have a hard time crossing the street. He doesn't think Starwood will be any different. All theseadditional cars will be added to the backed- up traffic that exists now. He said there are people sleeping on picnic tables in Memorial Park every night of the week, because the police don't now have enough manpower. They can't handle the problems now, and he thinks more crime will come to the City with Starwood. Lois Bruce, 403 East Second Avenue, advised the Commissioners to not only go to a rock concert, but also visit a treatment center or see akid in jail, or see a kid try to come down after he is up on drugs. Kathy Gerlach, 637 East Fourth, said she is one of the 10 people who ran around and got signatures on the petition in oppostion to Starwood. She thought now with a core group they could do some more analyzing and phone calls and get some more hard facts, with some more time. She said in going door-to-door, she heard from a lot of people who were considering leaving the community because of the traffic and developments. Schmitt/Rockne moved for a five minute recess at 11:18 p.m. Motion carried unanimously. Chair VanMaldeghem called the meeting back to order at 11:34 p.m. Gail Burda, 1902 Valley View Road, asked the Commissioners to do some further investigating. She thinks everyone has already made up their minds. She would like them to go to a rock concert. She said she just went to Riverfest and was appalled. She was actually afraid, and marijuana was thick in the air. Bill Lepley, 1925 11th Avenue, asked if the developer has met the conditions of the conditional use permit. The Asst City Attorney replied that they have technically fulfilled the requirements of the application, and after this hear- ing the Planning Commission will make its finding. If the criteria are met, there is nothing the Commission can do to deny it. Chair VanMaldeghem asked if there were any further comments from the audience, and there were none. The Police Chief was asked to respond to questions. He said there has been a general increase in crime in Shakopee and in other cities,which is a trend in a large area. The statistics for 1986 show major crime did increase. There was a significant increase in burglaries, but they were caused by local resi- dents. In the past Shakopee has had a very low crime rate. This is a drug- Shakopee Planning Commission July 30, 1987 Page 10 oriented society, and they deal with it every day. He agrees d gs will be on- site at Starwood, but they are also available in the community; same for alcohol. The Police Chief clarified that the only police services that were eliminated were lock-outs of vehicles and vacation checks. They used to get about 1,000 calls a year for lock-outs, which took about 1 minute. However, the liability factor became too great when locking devices were damaged, so a waiver had to be signed by the owner, which increased the call time from one to ten minutes, which took up too much time. They also discontinued the house watches because they didn't have time to do that well. He added those two decisions were made by City Council. The Police Chief said it was his understanding that Starwood would be hiring off-duty police officers for their own security, and therefore active police force will not be decreased. He compared this to the arrangement with Canter- bury Downs, which has worked well. He clarified he approves all off-duty em- ployment of the officers and they can only work a certain amount of hours off- duty. The Police Chief stated it is hard to determine the traffic impact, but if the hours are as proposed, it shouldn't have a dramatic effect. Police officers will be provided for traffic control, for which the facility will pay. He is comfortable with the traffic plan at this point, but it will probably have to be adjusted over time. He said the other three entertainment facilities create a much larger traffic problem than he anticipates from Starwood. At this time they don't have the percentages to tell where the traffic is coming from. They have noted a shift in traffic off First Avenue to Fourth and Tenth. The Police Chief responded to a question regarding curfew for minors, which he said is 10:00 p.m. for those under age 18. That curfew is generally only enforced when there are problems. He said the total number of calls before Canterbury Downs was 9,000 per year, and after Canterbury was 11,000. Mr. Zak asked about the handling of drug users, based on information he received from the Bloomington Police Dept. regarding the Met Center concerts. He thinks the police are just spread too thin now, and doesn't know how additional inci- dents can be handled. The Police Chief responded that although they don't know just what they will run into with Starwood, they will simply supply enough officers to deal with it. He said when Canterbury Downs was going through this process, the same kind of horror stories were told, but they just have not developed at Canterbury Downs. There was some further general discussion re- garding dealing with youth crimes, and the Police Chief stated. the policies are in place with Human Services. The Police Chief explained the computer program used to determine the number - of officers needed, which is based somewhat on the number of calls and also the type of calls. He added the final decision is made by City Council. He also explained there is no charge per se to the City for anyone serving a jail sen- tence or going to detox, other than the general tax base. Mr. Malkersou asked some questions to clarify security at Canterbury Downs. The Police Chief concurred that security personnel at Canterbury had the authority to hold suspects and transport them, and it has been an effective procedure. Those officers are paid directly by Canterbury, at no expense to the City. Mr. Malkerson said they are proposing the same arrangement for Starwood, so they would not be asking for an officer and a squad car for every incident. Shakopee Planning Commission July 30, 1987 Page 11 �7_ C/ Mr. Malkerson clarified the concerts will be pre-sold, so there wouldn't be people standing around waiting to purchase tickets early. The Police Chief stated that any off-duty Shakopee officer still has the authority of a Shakopee police officer and can make arrests. He added that any facility in the city has a plan for emergency procedures for storms, etc. The City Engineer answered questions regarding the bypass, stating it is proposed in three phases beginning in 1989, to be fully operational by 1991-92. He said the traffic management plan submitted by the developer analyzed the peak traffic event and combined that with the residual traffic, analyzed the key intersections and came to the conclusion the level of service at those intersections is such that it would not be considered congested by the defi- nition of MnDOT in urban areas. He further explained various levels of service which constituted free-flowing traffic. There was some further discussion of traffic congestion in general. Schmitt/Foudray moved to continue this public hearing to two weeks from tonight at 7:30 p.m. Comm. Schmitt added the decision of the Planning Commission will be made in accordance with the terms and conditions related in the ordinance. At the next hearing all the discussion will relate specifically to the criteria. He said a decision will not be made based on emotion and economics, but on facts. Comm. Schmitt added the Planning Commission has been dealing with this proposal for the last nine months, and it has been published for the last nine months. He added that once this hearing is closed, the Planning Commission cannot, by law, artificially delay a decision more than 60 days. Mr. Malkerson said he would be out of town the week of August 17, and requested another date. Decision was made to continue the hearing to August 20, 1987. Motion carried unanimously. A request was made again that the Planning Commissioners attend a rock concert before acting on this proposal. Czaja/VanMaldeghem moved to request City Council to fund the members of the Planning Commission attending a rock concert. Motion carried unanimously. Schmitt/Pomerenke moved to adjourn. Motion carried unanimously. Meeting adjourned at 12:50 a.m. Douglas R. Wise City Planner Diane S. Bench Recording Secretary �.r TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 18, 1987 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. Meeting 31 Re-convene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) 71 Approval of Minutes of July 21$t and 28th, 1987 81 Communications: (Items noted for consent will be received and filed) *a] Walter F. Yeager, Jr. re: operation of Murphy' s Landing *b] Delaine Yeager re: operation of Murphy' s Landing *c] Arthur Gorgen re: operation of Murphy' s Landing *d] Mrs. Earl Hofmaster re : Starwood Amphitheater - e] Fred J. Corrigan, Canterbury Downs, re: use of driveway connecting to County Road 16 f] Don Eraser .&. George Latimer re: 1996 summer dlympic games g] League of Mn. Cities re: 1947 Regional Meetings h] Joanell M. Dyrstad re: invitation to a League Regional Meeting hosted by the City of Red Wing i] Becky Kelso re: upcoming meeting on August 27th *j] Bill Frenzel re: city' s flood damage and related clean up efforts k] Dr. Muralt re: moving of Chamber Office 1] Glenda Spiotta re: League of Women Voters of Shakopee study of appointment process of boards and commissions 9] Public Hearings: a] 7:00 P.M. Continuation of public hearing on an appeal of the Board of Adjustment and Appeals denial of an 18 foot front yard setback variance to build an attached garage at 1015 E. Shakopee Avenue 10] Boards and Commissions: Planning Commission: ,�Qf a] Approval of a Registered Land Survey for City owned property V� in Block 29 where the public library is located - Res. No. 2780 V TENTATIVE AGENDA August 18, 1987 Page -t- il] Reports from Staff: [Council will take a 10 minute break around 9:00] - *a] Res. No. 2775, A Resolution To Terminate Violation By The Scott County Historical Society of the Terms of the Transfer of Certain Property and Determining That Said Property Shall Revert In Title to the City of Shakopee b] Alternative Management Proposals for Murphy's- Landing *c] Awarding Bid for Refurbishing of 1973 Mack Pumper - Res. No.2779 d] Appointments to Boards & Commissions e] Licensing of Entertainment Centers Serving More Than 1,000 People *f] Amending Lease. Agreement Between the City and the Chamber of Commerce g] "Umbrella Insurance Policy - tbld 7/14 h] Approve Bills in Amount of $797,990.87 *i] Recording Secretary Employment Agreement *j] Hauer' s 4th Addition - Reduction of Letter of Credit *k] Application for Temporary 3.2 Beer License by St. Mary's Catholic Church of Shakopee _ 1] Holmes St. Basin Laterals Project No. 1986-1 *m] Traffic Counters *n] Scott County Transportation Coalition *01 Network Printer Purchase *p] Memorial Park Gate & Lights *q] Citizens League Annual Property Tax Survey in the Mn. Journal *x•] Private Non-Franchise Refuse Collection Services 121 Resolutions and Ordinances: ' *a] Res. No. 2776, Designating Public Power Week *b] Res. No. 2777, Apportionment of Special Assessments for Hauer' s 4th *c] Res. No. 2778, Amending the 1987 Pay Plan d] Ord. No. 224, Amending Chapter 1 of City Code Regarding General Provisions e] Ord. No. 225, Amending Chapter 4 of the City Code Regarding Construction Licensing, Permits and Regulations f] Ord. No. 226, Amending Chapter 5 of the City Code Regarding Liquor, Beer and Wine Licensing and Regulation g] Ord. No. 227, Amending Chapter 8 of the City Code Regarding Traffic Regulations h] Ord. No. 228, Changing the Name of 13th Avenue i] Ord. No. 229, Permitting the Sale of Strong Beer By Applicants Holding Both a Wind License and A 3.2 Beer License - 131 Other Business: a] Pullman Club Gambling Violations b] c] d] 14] Adjourn. John K. Anderson City Administrator TENTATIVE AGENDA - HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Session August 18, 1987 Chairperson Leroux presiding 1. Roll Call at 7: 00 P.M. 2. Approve Special Call 3 . Approval of Minutes of August 4, 1987 4. Shakopee Valley Motel Tax Increment Financing Project 5. Other Business 6 . Adjourn Dennis R. Kraft Executive Director MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Special Call for a Meeting DATE: August 13, 1987 The HRA should approve the special call for a meeting on August 18, 1987 for the purpose of discussing various items of business. PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKO-PEE, MINNESOTA- - - - - - -- REGULAR SESSION AUGUST 4, 1987 Chairman Leroux called the meeting to order at 7:05 p.m. with Comm. Wampach, Vierling and Clay present. Also present were Mayor Reinke; Dennis Kraft, Executive Director; Judith Cox, City Clerk; Ken Ashfeld, City Engineer; Douglas Wise, City Planner and Julius A. Coller II, City Attorney. Clay/Vierling moved approval of the minutes of the July 22, 1987, meeting. Motion carried unanimously. There was no further business at this time. Wampach/Vierling moved. to adjourn the meeting at 7:07 p.m. Motion carried unanimously. Dennis R. Kraft Executive Director Betty Brumm Recording Secretary MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Shakopee Valley Motel Tax Increment Financing Project DATE: August 14, 1987 Introduction- At the July HRA meeting Mr. Wallace Bakken dba Shakopee Valley Motel requested permission from the HRA to construct a campground as a part of the improvements for the Shakopee Valley Motel Tax Increment Project. Background• The project as originally approved in a development agreement entered into by both Mr. Bakken and the HRA included a , motel expansion in the amount of $1,200,000, a restaurant to be constructed with a minimum value of $440,000 and a camp and recreation facility to be constructed with a value of $500,000 or more. According to the developer' s agreement once all of these improvements were madetheHRA would then give $330,000 to Mr. Bakken to assist in the development of the property. The HRA sold $500,000 in tax increment bonds in 1986 to finance this project. The remaining $170,000 of the bond issue covered such items as issuance costs, capitalized interest for the project, and certain public improvements to Bluff Avenue. There was a requirement in the development agreement that Mr. Bakken enter into an assessment agreement with the BRA and that this assessment agreement be signed by the County Assessor. As of this time the assessment agreement has not been executed by Mr. Bakken. Further discussions with Mr. Bakken, the County Assessor, and the HRA' s Financial consultant, Springsted Inc. , have indicated that there will be some positive tax increment generated if the campground project (Jellystone Park) is constructed as envisioned. The County Assessor has estimated that Jellystone Park would have a market value of $855,600. If the Jellystone Park element is completed as of January 2, 1988 there would be a maximum potential total captured tax increment of $23,830 for next year and somewhat similar amounts in subsequent years. In that there will not be a significant positive cash flow from this project to service the debt until July of 1989 when the City receives it's first collection of income from the project (assuming the Jellystone Park is completed by January 2, 1988) there is a need to have approximately $18,000 in capitalized interest available to service the debt prior to July of 1989. The City will also want to have an adequate amount of money available to pay for bond issuance costs. It is estimated that these costs are approximately $13,000. At the time of the issuance of the bonds all issuance costs were absorbed by the HRA for the developer. These costs will not be recovered by reinvestment income and, therefore, should be netted out of the settlement of the project at such time as there is a positive cash flow coming from the tax increment part of the project. Another element to be taken into consideration is the amount of funding received in the form of reinvestment income on the potential projected $177,000 in bond proceeds. When all of the aforementioned items are taken into account on this project and when it appears that approximately $100,000 could be made available to Mr. Bakken if he were to complete the Jellystone Park Campground by January 2, 1988. It is, of course, a policy matter for the HRA to determine whether they would be willing to make a $100,000 available to Mr. Bakken in the form of reimbursement for certain physical improvements on the Shakopee Valley Motel project. If the HRA decides to provide Mr. Bakken with this reimbursement it is important that a condition of this agreement include the execution of an assessment agreement prior to the release of any funds to Mr. Bakken. It is also recommended that an amended and restated contract between the HRA and Mr. Bakken be entered into prior to the time that any funds be released on this project. As the HRA is aware all bond proceeds must be expended within three years of the date of issuance, or all of the investment earnings on the project after that date will be subject to arbitrage restrictions. If the HRA decides to proceed forth with Mr. Bakken' s request the staff should be directed to meet with Mr. Bakken to draft the necessary documents. Alternatives: 1. Authorize the staff to enter into further negotiations with ` Mr. Bakken and indicate a willingness in the part of the BRA - to provide $100,000 to Mr. Bakken for property improvements provided that he completes his campground facility in a manner consistent with the plans prepared and reviewed by the County Assessor before January 2, 1988. 2. Do not authorize any further negotiations with Mr. Bakken on this subject and inform him that the HRA will approve the construction of the Jellystone Park Campground at this time but will not release any funds until such time as all improvements are made in a manner consistent with the redevelopment agreement. [G Staff Recommendation: 7 Alternative #1 is recommended with the stipulation that Mr. Bakken sign an assessment agreement with the HRA prior to the time of dispersement of any tax increment funds. Action Requested: Move to authorize the Executive Director to meet with Mr. Bakken and formulate and endorse an amended and restated redevelopment contract for the Shakopee Valley Square Property Project and to require that Mr. Bakken execute an assessment agreement with the HRA prior to the time that the $100,000 for the project are dispersed. Further direct the Executive Director to present an amended redevelopment agreement and a signed assessment agreement to the HRA at the HRA meeting of September 1, 1987, or thereafter. 7 PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 21 , 1987 Mayor Reinke called the meeting to order at 7 :05 p.m. with Cncl . Wampach, Vierling, Lebens, Leroux and Clay present. Also present were John K. Anderson , City Administrator ; Dennis Kraft , Community Development Director ; Ken Ashfeld, City Engineer ; - Douglas Wise, City Planner; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. Wampach/ Clay moved to recess for HRA . Motion carried unanimously. Leroux/Vierling -moved to reconvene the City Council meeting at 7 :55 p.m. Motion carried unanimously. Mayor Reinke asked for liasion reports from Council members. Cncl . Lebens expressed concern about what she felt may be discrepancies in the manner in which individual property owners versus developers or business owners are treated insofar as steps necessary prior to making a home or structure addition. This was discussed and it was pointed out that in adhering to codes adopted by Council , such requests are to be referred through proper channels, with no dispensations made by Staff. Mayor Reinke related that if there is a disparity on what is allowed to be done on out buildings as compared to main structure changes, then the total Code should be reviewed. Cool. Lebens has observed a trailer parked at 308 West third Avenue for several weeks. This vehicle is parked with two wheels on the curb and two in the street. She requested that the proper officials check into this matter. Cncl. Leroux reported that a United Shipping Company truck has been parking behind the library , which is City property, and asked that this also be checked into. Cncl. Wampach clarified for the report that he is not the owner of the house on First Avenue and Scott Street. Mayor Reinke recognized anyone in the audience that wished to address Council. Mr. VanRemortel, President of Backstrech RV Park, noted he had been in communication with Staff attempting to obtain some interim relief for the dust problem on 13th Avenue . The construction timetable was noted and construction would hopefully begin on the roadway by the middle of next week. Mr. VanRemortel stated that in the interim there has been an extreme dust problem, created largely in part by passing traffic. They have been maintaining the road themselves by having water trucks on it every morning and afternoon; however, he was requesting some relief through Council and City street crews in dealing with the dust problem until construction begins. There was discussion. - - -- 1 City Council July 21 , 1987 Page -2- Leroux/Wampach moved that the City contract with the appropriate contractors to apply water twice a day to 13th Avenue from County Road 89 to the easterly City limits, said cost to be borne by the project. Roll Call: Ayes: Cncl. Wampach, Lebens, Vierling, Leroux, Clay, Mayor Reinke _ Noes: None Motion carried. Wampach/Clay moved the consent business. Cncl. Vierling asked that the minutes of the June 30 , 1987, meeting be held from the consent business. Roll Call: Ayes: Cncl, Wampach, Lebens, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. Wampach/Clay moved to approve the minutes of June 22 , 1987 . (approved under current business) . Leroux/Clay moved approval of the June 30, 1987 , City Council minutes. Motion carried with Cncl. Vierling abstaining from the vote. Wampach/Clay moved that pursuant to City Code Sec. 7.08, Council hereby approve the request and grant a permit to the Shakopee Chamber of Commerce to conduct sales on City sidewalks in the commercial area of the City during their Annual Sidewalk Sales on August 6,7 and 8, 1987 . (approved under consent business) . A communication was received from Stan Ockwig, Genral manager of the Canterbury Inn, requesting a change in the City Ordinance regarding Sunday liquor sales. It is requested that an Ordinance be adopted to allow liquor sales commencing at. 10:00 a.m. ( rather than noon) . Mr. Ockwig addressed Council noting they are now marketing heavily for the off-season and are competing with other major meeting areas for convention business . One amenity convention groups like to have is the availability of a champagne brunch, etc. , which is why they are requesting that liquor sales be allowed beginning at 10:00 a.m. on Sundays. He pointed out that the volume of liquor sales is not expected to greatly increase because of this, but rather that such a change would enable them to better market their facility for larger convention groups, thereby gaining guest room nights. Council members discussed this matter and voiced various - opinions. The City Attorney felt Council should decide vheather or not there could be liquor sales commencing at 10:00 a.m. on Sundays and if so, should then discuss and make decisions on how to administer such an ordinance. City Council July 21 , 1987 Page -4- previously needed to consider. Voice vote was taken and the Motion carried unanimously. There were no public hearings at this time. The City Planner addressed Council concerning the Bluff Street Rezoning. The City Planning Commission has recommended rezoning from B-3 to B-1 the area located East of Dakota Street, - North - of Bluff Street and West of Marschall Road. A public hearing by the Planning Commission was held and the recommendation is to rezone the area East of Dakota Street. City Staff has notified the owners of the two homes and the day care center located within that area of their future status as non-conforming usesshould -. the City Council approve the recommended rezoning. The day care center operator was the only one who responded and was not overly concerned. The other property owners have not responded, nor did they attend the public hearing by the Planning Commission. Mr. Bob Schilz, owner of Ornamental Iron Works, offered comments regarding the proposed rezoning. Leroux/Wampach moved to direct Staff to prepare an Ordinance rezoning the area East of Dakota Street, north of the centerline of Bluff Street and West of Marschall Road from R-3 to B-1 . Motion carried unanimously. A communication was received from the Metropolitan Council extending an invitation to participate in their current strategic planning process . Thirteen topicareas were identified for preliminary investigation and local governments are asked to choose which they feel are the top five issues facing the region. Staff had reveiwed the thirteen areas and rated them according to the five they felt the most important and those were indicated to Council . The City Administrator stated he had received correspondence yesterday from the Metropolitan Council Chair that indicated they felt the top six items were : ( 1 ) regional economy, ( 2 ) human resource framework, ( 3 ) water mangement , ( 4 ) transportation , (5 ) strategic planning and ( 6) solid waste management. A representative from the Metropolitan Council was present and discussed this matter with City Council. Leroux/Vierling moved to concur with the listasprepared by City Staff and to correlate that with the recommendation by the Metropolitan Council as contained in their July 17, 1987 , letter. - (DOC No. CC-141 ) . Motion carried unanimously. Mayor Reinke noted for information that the Star & Tribune will be doing an article on the Shakopee bypass (the south bypass) . This will be from the standpoint that MNDOT will be eliminating projects and funding and in a review of those road projects being 7 City Council July 21 , 1987 Page -3- Leroux/Vierling moved that Staff check with firms that are convention planners to find out what some of the nlaundry listsn of preferred items are when booking a convention and report back to Council. The Motion carried unanimously. Mr. Mike Felix of the Heritage Development Company, had written on behalf of those developing Heritage subdivision concerning interest in moving in a portable sales office prior to completion of their model home. Pictures of such a facility were available and viewed by Council. The City Administrator noted that based on the interpretation of the City Ordinance, such a facility is not listed as a conditional or permitted use in a residential zone; therefore, Mr. Felix had been informed this could not be done. He stated that if after hearing Mr. Felix's presentation there is interest in allowing this in that area, it would require - an amendment to the Ordinance. The City Administrator stated that if this is the case, Staff could work on this and present a proposal for consideration at a future meeting. Mr. Felix stated they have purchased a lot next to Heritage Development and are building a model home there in order to be included in the Parade of Homes next Fall . Prior to completion of that model home they would like to have a salesmen on the site to dispense information. He noted that this is a competitive situation and that most of the communities have said they could use a portable sales office under their building permit and remove it once a model is open. Mr. Wise reported that Staff called eight growing suburban communities in the area and that seven out of eight did allow this type of structure. Council discussed this matter. Leroux/Clay moved to direct Staff to prepare an Ordinance allowing the placement of a temporary sales office in a mobile office facility on residential and commercial zones as a conditional use, and to be of a temporary nature. Mr. Wise noted that an amendment to the zoning Ordinance requires a public hearing. There was discussion of the time element involved in this particular situation and Cncl. Leroux questioned whether a variance could be issued in the meantime , since it would probably be a month before a hearing would take place. The City Administrator stated Staff would check into that matter. It was clarified that a part of the conditional use permit could be that the temporary structure would be removed when the model home is completed. Also clarified was that the facilities in this unit would be heating and telephone services only. There would be no bathroom, kitchen or sleeping facilities. Mayor Reinke indicated that an issue Council should address at a future time is the matter of an on-site sleeping facility as pertains to model homes, etc. , as this is an area of concern the City has not 7 City Council July 21 , 1987 Page -5- eliminated, none of them are in Scott County. Cncl. Leroux noted the City is a fiscal partner on two major projects, the mini bypass and the southerly bypass, and that it would be difficult for the MNDOT to eliminate those when the City has close to 1/2 million dollars expended at this time for those projects. He hoped the Star & Tribune would be made aware of that fact when preparing the article. Clay/Leroux moved for a ten minute recess at 9 :40 p.m. Motion carried unanimously. Wampach/Vierling moved to reconvene at 9 :50 p.m. Motion carried unanimously. Mr . Wise reported the Planning Commission has forwarded a recommendation for approval of the preliminary plat of Eagle Creek Junction , 2nd Addition , subject to conditions. Mr . Laurent, owner of the property, had also submitted a Final Plat, however the Planning Commission did not recommend its approval because of items they felt more information was needed on ; namely the drainage plan and proposed drainage system construction along County Road 16 and concern regarding Ramsey Street as showncoming in behind the property. In Staff research it had been determined that this street had been vacated by the City in 1982 and this matter is being studied further. Mayor Reinke expressed concern about wheather the same conditions that were placed on a previous plat would be transferred to the plat; in particular that there was to be a sidewalk along County Road 17 that was to be a cost of the developer. It was noted that all items under the agreement for the first plat that are appropriate to this plat would be included with this development. Mr. Wise stated that the matter of this sidewalk would have to be addressed. Cncl . Leroux had a concern regarding County Road 16 , as the Planning Commission had decided to agree to only 40 feet right of way from County Road 16. He felt that should be changed to 50 feet. Ordinance only requires 40 feet, however, County Road 16 is going to be widened and if 50 feet is not required at this point there will be a problem in the future . Cncl . Leroux suggested that the City somehow pay the developer for the additional 10 feet at this time and enter into an agreement with the County that when County Road 16 is upgraded they would pay the City for that 10 feet. The City Administrator stated this could be investigated, but pointed out that the County has the same situation as the City in trying to maintain consistent policy for all cities, so they may not agree with this approach. Leroux/Vierling moved to amend the Planning Commission Recommendation conditions on the preliminary plat for Eagle Creek City Council 7 July 21 , 1987 Page -6- Junction, 2nd Addition, by adding a Condition #7 to state that right of way be dedicated from 50 feet of centerline of County Road 16 and that Final Plat approval would be predicated upon an agreement by the County to reimburse either property owner or the City for the cost of that 10 feet of right of way. Also to amend condition #4 to read "A sidewalk along Marschall Road and a sidewalk along County Road 16 as required by the existing agreement for Eagle Creek Junction, 1st Addition". The City Clerk explained reasons why condition #4 was worded as it was in the Planning Commission recommendations and after discussion, Cncl. Leroux amended his original motion to delete that portion regarding condition #4. He stated that there may, r however, be a need to revise that at some point when considering _ the Final Plat. Vote was taken and the motion to amend the Planning Commission conditions carried unanimously (amending conditions by adding a No. 7) . Leroux/Vierling moved to approve the Preliminary Plat of Eagle Creek Junction, 2nd Addition, subject to the conditions listed in the Planning Commission minutes and as amended at this meeting. The motion carried unanimously. Wampach/ Clay moved to amend the Downtown parking lot plan approved 9/16/86, 2nd Avenue lot, creating 2 hour parking in the center aisle and relocating 8 hour parking to the north side. (approved under consent business) . Leroux/Vierling offered Resolution No. 2764 , A Resolution of the City of Shakopee , Minnesota, Authorizing the Execution and Delivery of a First Amendment to Loan Agreement Relating to the City's $3,500 ,000 Industrial Development Revenue Bond, Series 1985 (The Toro Company Project) , and moved its adoption. Motion carried with one dissenting vote by Cncl. Lebens. The City Administrator introduced a memo from LeRoy Houser, Building Official , wherein alternatives for lighting and an entrance gate for Memorial Park were explored. Council discussed the alternatives. Vierling/Leroux moved to approve the minimum being requested, the gate and two lights in front of the Chamber Building at acost of $12 ,615 . Cncl . Vierling qualified the motion that the lights referred to are to be in high security lighting. Roll Call : Ayes: Cncl . Wampach, Vierling,Leroux, Clay, Mayor Reinke Noes: Cncl. Lebens Motion carried. City Council 7 July 21 , 1987 Page -7- Leroux/Wampach moved to approve the application and grant an On- Sale Non-Intoxicating Liqour License to Van Z. Vuong and Tieu Ky, 237 East 1st Avenue (Family Chow Mein) , effective July 22, 1987 . Motion carried unanimously. Leroux/Clay moved to table the application of Shakopee Jaycees for a temporary On-Sale 3 .2 beer license for the weekend of August 1st and 2nd at Tahpah Park. Motion carried unanimously. The City Engineer presented information on the T.H. 169 Bridge and Mini Bypass, noting there are two general alternatives regarding the trail system. The first alternative is using the new bridge and a walkway on the bridge (about 10 feet of walkway with a ramp to bring it down to the existing DNR trail) . The second alternative is the possiblity of utilizing the existing bridge and removing the decking, girders, etc. , leaving the piers in place and constructing a recreational bridge on top that would serve the trail system. The elevation is such that the new elevation of this particular trail would come in right about at the grade with the existing DNR trail and it would create an intersect of two different types of trails on the south side of the river. A disadvantage with the second alternative is a question of ownership. Mn/DOT cannot take ownership and neither the DNR or Fish and Wildlifearewilling to take ownership. The insurance company was contacted and determined that adding this additional structure owned by the City would probably not increase the insurance rates. The facility proposed would be somewhat of a low-maintenance structure . If this option is chosen, it would mean looking at ownership by the City. Cncl. Vierling questioned the possibility that by taking the second alternative a joint ownership between the DNR and Shakopee in terms of maintenance could possibly be worked out. The City Administrator stated they could attempt to work something out on this, however, at this point to consider this alternative it appears the City would have to take ownership. If at some future point a contract could be obtained to assist with maintenance, that would possibly be beneficial and could be explored. Cncl. Wampach questioned traffic patterns being designated on the trails. It was agreed to discuss this under "other business". Leroux/Vierling moved that the City approach the trail system using Alternative S2, which is to replace the old bridge with new structure and that the City take ownership of that structure with the intent of sharing maintenance responsibilities with the DNR. It was noted that the City of Shakopee would be responsible for liability if this alternative was chosen. Roll Call : Ayes: Cncl. Wampach, Vierling, Leroux, Clay, Mayor Reinke. Noes: Cncl. Lebens Motion carried 7 City Council July 21 , 1987 Page -8- Leroux/Vierling moved to approve the bills in the amount of $1 ,823 ,033. Roll Call : Ayes: Cncl. Wampach, Lebens, Vierling, Leroux, Clay, Mayor Reinke. Noes: None Motion carried. Wampach/Clay moved to authorize Staff to enter into an employment agreement with Betty Brumm, at the hourly pay rate of $7 .00 effective July 14, 1987 . (Approved under consent business) . Wampach/Clay moved to appoint Brian P . Clark a full-time permanent police officer. (Approved under consent business) . Wampach/Clay moved to authorize proper City Officials to enter into public sector work site agreement with the County of Scott for the delivery of employment and training services through the Senior Community Services Employment Program. (Approved under consent business) . Leroux/Vierling moved approval of the Strategic Plan Goals and Objectives for 1988. Cncl . Lebens questioned the statement on Page 6 , item E 2-a. After discussion, it was agreed that the word "and" be deleted from the first sentence so this would read "Continued to activly seek out dedicated citizens to serve on City Council advisory committees. " The motion carried with one dissenting vote by Cncl . Lebens. Cncl . Leroux suggested that Staff devise a new method of developing goals and objectives in the coming year to shorten the process. There was general agreement by Council members. Cncl . Wampach suggested the possibility of goals and objectives being developed every other year rather than every year. Wampach/Clay moved to dispense with a public hearing on the r request of U.S. Fish and Wildlife and direct Staff to prepare amendment to the City Code to permit the use of bow and arrow, shotgun using shot shell for the purpose of hunting within the National Wildlife Refuge, east of Valley£air and to the easterly City limits of Shakopee, north of highway 101 . (Approved under consent business) . Wampach/Clay offered Resolution No. 2761 , A Resolution Declaring Adequacy of Petition and Ordering Preparation of a Report on Marschall Road Sanitary Sewer Project, and moved its adoption. (Approved under consent business) . Wampach/Clay offered Resolution No. 2762, A Resolution Ordering Improvement and Preparation of Plans for Marschall Road Sanitary Sewer Project No. 1987-4 , and moved its adoption. (Approved under consent business) . City Council 7 July 21 , 1987 Page -9- Leroux/Vierling offered Resolution No. 2763 , A resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for 13th Avenue Street Improvements from County Road 89 to the East, S.A.P. 166-115-01 , Project No. 1986- 9 , and moved its adoption. The City Engineer stated one requested action omitted from this memo was to consider the alternative methods of assessing, as that particular item had not been resolved . A memo dated - 10/ 16/ 86 was noted and contained alternative methods of assessment. The City Engineer stated they are now recommending that Alternative #4 as contained in the 10/16/86 memo be approved as the assessment method. In preparation for assessment hearings for the September 8, 1987, meeting; if Council concur* with that alternative , the assessment rolls would be prepared based upon the Alt. - #4 method. (A two tiered apportionment assessment, one for a 7 ton roadway and, one for the cost to upgrade the roadway to a 9 ton classification. The 7 ton cost is apportioned 60% front foot and 40 % improved area basis ( industrial 6 residential] ; the 9 ton cost is apportioned 60%/40% on industrial property only. ) Cncl . Leroux clarified that the method of assessment was not a part of Resolution No. 2763. Roll Call was taken on Resolution No. 2763: Ayes: Cncl. Wampach, Lebens, Vierling,Leroux, Clay, Mayor Reinke. Noes: None Motion carried. Leroux/Lebens moved that Alternative #4 as contained in the 10/16/86 memo be used for assessment guidelines. Motion carried unanimously. The City Engineer reviewed a clarification of an existing Ordinance to require grading permits when grading operations are to take place with no permanent structure to follow. Lebens/Wampach offered Ordinance No. 221 , Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code Chapter 4 Entitled "Construction Licensing, Permits and Regulations" by a New Subsection to Section 4.03 and by Adopting by Reference Shakopee City Code Chapter 1 and Adopting by Reference Section 4 .99 which among other things contain Penalty Provisions, and moved its adoption. The City Attorney clarified that this is not an exception, but an addition that specifies there must be approval for moving dirt without any intention of building; this does not change any of the other prerequisites. 7 City Council July 21 , 1987 Page -10- Roll Call : Ayes: Cncl . Wampach, Lebens, Vierling, Clay, Leroux, Mayor Reinke. Noes: None Motion carried. Vierling/Leroux moved to receive and file the 1988 Budget Calender. Motion carried unanimously. Leroux/Vierling offered Ordinance No. 222, An Ordinance of the City of Shakopee, Minnesota Amending the Shakopee City Code Chapter 2 Entitled "Administration and General Government" By Adding an Additional Department to Sec. 2 . 37 Entitled "Code Enforcement Officer" and By Adding a New Subdivision to Sec 2.37 Detailing the Duties of the Officer and Empowering Him to Issue Citations For Violations and By Adopting By Reference Shakopee City Code Chapter 1 and Sec. 2 .99 Which, Among Other Things , Contain Penalty Provisions, and moved its adoption. Roll Call : Ayes: Cncl. Wampach, Lebens, Vierling, Leroux, Clay, Mayor Reinke. Noes: None Motion carried. The City Clerk will be on vacation from July 25, through August 1 , 1987. Leroux/Clay moved to appoint Mr . Anderson as Acting City Clerk from July 25 through August 1 , 1987 . Motion carried unanimously. Wampach/Clay moved that the DNR be asked to provide directional markings on the trails for traffic to keep right or left, as there have been some accidents with pedestrians and bicycles and people have been nearly injured. Motion carried unanimously. Cncl . Vierling addressed grading of the Hoy lot and asked that something be done. The construction schedule was noted. The City Administrator suggested that as it will be about two months before construction begins in this area , that for the interim without moving much dirt the City level the site, clean up the debris, clean up the weeds, take down the tree, etc. This was an acceptable solution. Leroux/Clay moved to adjourn to Tuesday, July 28, 1987 , at 7:00 p.m. Motion carried unanimously and the meeting adjourned at 11 :15 p.m. Judith S. Cox City Clerk Betty Brumm Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 28, 1987 Mayor Reinke called the meeting to order at 7:04 p.m. with Cncl. Leroux, Vierling, Wampach and Clay present. Cncl. Lebens was absent. Also present were Rod Kress, Asst City Attorney and John K. Anderson, City Administrator. Wampach/Vierling moved to open the public hearing to determine whether or not the Scott County Historical. Society has complied with certain conditions contained in Quit Claim Deeds. Motion carried unanimously. Mayor Reinke read a statement explaining Ordinance No. 290 and Ordinance No. 300 adopted in 1968 and 1969 which provided for the conveyance of certain lends to the Scott County Historical Society with specific instructions. The statement also detailed the establishment of the Minnesota Valley Res- toration Project formed to administer Murphy's Landing and the subsequent split of the two boards.in 1982. The City Admr. highlighted the packet of information prepared by staff and outlined more specifically the recommended alternatives available to City Council. He then read Resolution No. 2741 which called this public hearing and enumerated the conditions which the Scott County Historical Society (SCHS) may have violated. Mayor Reinke asked for a response by SCHS. Loren Gross, 8609 Lyndale Avenue, stated he is an attorney hired by the SCHS. He stated the SCHS vigorously denies it has violated any of the terms of the Quit Claim Deeds and in particular since 1982 if any defects have occurred they are the result of the control of the property by the Minnesota Valley Restoration Project (MVRP) , which originally was a sub-agent of SCHS. Mr. Gross passed out copies of some documents which he referred to subse- quently. A letter dated 1984 from the Kress law firm indicates research finds the name of the property is in the SCHS. Another letter dated in 1984 states that SCHS is the only avenue to whom money can be given by Scott County to fund MVRP. Another letter in 1984 from the Kress law firm states that SCHS owns the buildings on the property because they own all the pro- party. Mr. Gross continued that there is no question in the past there have been a number of transfers of title, but the overall intent was that the property would remain vested in the SCHS and it would have the ultimate responsibility and authority. However that authority was usurped beyond its ability to control it. Mr. Gross then referred to a deed, date unknown, signed by Judge Fitzgerald as president of the Historical Society and Dr. Miller as secretary of SCHS, from SCHS to MVRP. It is SCHS's claim that the deed is not valid and not done with the requirement of the corporation statutes. July 28, 1987 Page 2 Mr. Gross then referred to a packet of transfers and encumbrances made with the knowledge of the City Council and with the purpose of establishing fund- ing through an HOD grant. Mr. Gross explained Item f of Resolution No. 2741 in which Stans Foundation and Scott County intend to withdraw substantial financial support if control of the project is returned to SCHS. Scott County has given $35,000 in past years and $40,000 last year and Stares Foundation has given about $50,000 per year, towards capital expenditures. The SCHS knew this money would be with- drawn, as they think Scott County will punish them for standing up for their principles. However, they do expect to continue to receive the $42,000 earned by the apartmgnts,.-and are entitled to the operating income which will be adequate for continued operations. He contends the Stans money bas created problems in the past with raising funds from other sources. Therefore, they don't want the lack of that money to become a self-fulfilling prophecy that allows the reversion of the property. Mr. Gross said the SCHS's plan is to hire a full-time accredited historical museum professional director who will operate the property as should be and - preserve the history and raise funds for continued support and expansion of the project. They have already found such a person. The Asst City Attorney added that besides the letter to Margaret McFarlan in 1975 referring to the transfer of the site from SCHS to MVRP, there were also similar letters in 1978 and 1980. He can substantiate what was the in- tent with the transfers between the SCHS and the County, which was always to obtain funding and not to change title. However, these letters to Ms. McFarlan were different and were prepared according to the instructions of Ms. McFarlan to actually transfer title from SCHS to MVRP, with the deeds attached. He was never aware the deeds were executed until about a month ago when the signed deed appeared. It is his understanding that at the time these deeds were prepared it was with the intent to actually transfer title. Mr. Gross said there were discussions of transfer of property from SCHS to MVRP. However, Ms. McFarlan doesn't believe the property was transferred. Mr. Gross thinks the deed in question had been monkeyed with and been in several different typewriters. He also questioned certain language which may have been put on the deed after it was signed. Judge Fitzgerald resigned as director in 1984. In any case, the required procedure was not followed for transferring property by a non-profit organization. He was told Dr. Miller signed it without knowing it was a deed. He believes it is not a proper deed and was signed without authority, with no reference to it in any minutes. Mr. Gross said the SCHS has no objection to the City taking back the property, but would .like the control given back to SCHS. They believe the MVRP is not in a healthy position. Re cites the chainsaw sculpture competition used to bring in traffic which has nothing to do with the time period of the site, and gave other examples that show a lack of recognition of historical matters. Roland Pistulka, 1371 West 6th Avenue, Shakopee, said he got involved with the SCHS in 1964. He read the mission statement of SCHS from 1971 and 1976 and pointed out its unique features. He said in the last years the SCHS has had all the responsibility, risk and accountability but no input as to the management or finances of Murphy's Landing, and for this they are criticized. They have asked for financial statements and have received none. Shakopee City Council July 28, 1987 Page 3 Mr. Pistulka attributed the problems to. a lack of-communication and a series of poor directors, commencing with Margaret McFarlan. The SCHS invited 4 people noted in historical projects to critique the project in 1985. They were George Turrell, graduate of Coopertown His- toric program in New York, a hands-on project in administration, research and restoration, and presently a director of Farm Americana in Owatonna. Also, Tracy 6 Thomas Campbell, directors of Asa Hail Restoration Program in Galena, Illinois. The fourth is William Scott, architect interested in restoration. He read some of the findings of this team which stated there was good planning in the past with most still valid, but with an urgent need for emergency maintenance. They reported the lack of accurate records was appalling. They reported the historical value of the site is - -- - being compromised and a lack of staff guidance. They concluded a dedicated professional history museum administrator should be selected by the board. Mr. Scott offered a separate critique stating most of the buildings were-- valid and appealling, but thought numerous signs compromised the site. He mentioned several features that were inappropriate for the date of the . site, including the blacksmith shop, which detracts from its authenticity. Mr. Pistulka thought the joint meetings didn't actually accomplish anything - other than to make known MVRP's distrust of Margaret McFarlan. He stated that although Ms. McFarlan is their consultant, she will never again get back in the position of director of MVRP. They are very dissatisfied with MVRP because they have not been forthcoming about finances, restoration, etc. He questioned the destruction of two houses at the project. Mr. Pistulka related how the joint board looked for a director with a background in historical museums. One possibility was Ron Nelson, assistant director for the State of Minnesota Historical Society and a consultant in -- - ---- MVRP from the beginning, who is well respected. However, because of family problems he was not available. George Turrell was also a candidate, and who is also a director for the Ohlmsted County Historical Society and is also an excellent grant writer. The other person is Darrell Henning, director of an historic site in Iowa, who felt he would not be the person for this position. He said George Turrell was the person recommended with all of the board present, but he was voted down. Shortly thereafter the present director was voted an increase in her salary. Mr. Pistulka asked for the SCHS to be given a chance to run the project or . get an appropriate director to run it and get it back on the right track. John Lynch said it was not an even vote on the director. He said two of the members of the SCHS were absent and all 6 members present for MM. Bob Miller, of Belle Plaine, stated he is the one referred to on the deed transferring property to MM. He stated he is a very close friend to Judge Fitzgerald, who at the time was the president of the SCHS, and he was the treasurer (not secretary as shown on the deed) . He thinks he signed anything - - the Judge gave him. He has been on the SCHS board since 1967. He said in 1972 or 1973 an extension of SCHS was created for the purpose of raising funds, named MVRP, and the members of the two boards were the same. After a number of years new members were brought into each of the boards and they started to be more separate. He passed .out some more papers giving history of fundraisers and financial consultants with regard to MVRP. He also re- ferred to the same conclusion made by the critique team. Shakopee City Council July 28, 1987 Page 4 ' Mr. Miller referred to the requirement that SCHS keep 100 active members. He maintains that when the split occurred in the two boards and MVRP began running the project, it was then the MVRP's responsibility to keep the - 100 members, which it did. He added that SCHS has also had 100 members each year. Mr. Miller also said they couldn't get the financial reports from MVRP. This is also the MVRF responsibility. He said SCHS is most interested in the preservation of the project historically, but has suffered from the lack of communication since the split of the boards in 1972 or 1973. Mr. Miller said he can never remember taking a vote saying they would transfer the property to MVRP. He thinks the deed was probably signed in the early 1980's. He thinks he may have confused this deed with signing the Maurice Stans home back to him. There is no question it is his signa- ture. He doesn't believe Judge Fitzgerald was trying to deceive him, but thought something just got confused. Larry Paul, 528 West Third, Shakopee, passed out. informatiou regarding the 15th year of Murphy's Landing and what was done until 1981. He :said he has over 10 years experience in the day to day problems of Murphy's Landing. He spent 9 months under the present administration. He was an employee of Murphy's Landing from approximately 1972 to 1982. He felt in the beginning Murphy's Landing had to build a reputation academically and popularly. He said the people of Shakopee started calling it the "hysterical society", but it slowly dealt with problem, and started getting local and national recog- nition for its integrity based on the rigid following of the master plan -first drawn up. The SCHS feels the ideals of the MVRP have been damaged and compromised. He thinks there has been poor efforts at restoration and maintenance. MVRP is the maintenance organization only, and does not carry the legal responsibility to change the direction of Murphy's Landing. He asked why two buildings have been destroyed and questioned various proce- dures, such as modern drywall, mowing natural areas, encroachment of roads on Indian mounds and lack of information aboutthesite. He mentioned several other areas which he felt compromised the historical accuracy of the site. He also feels the MVRP does not recognize the family history of the homes it represents. Mr. Paul said Mr. Henning, curator of a museum in Iowa, visited the site with the intent of being interviewed for the director position, but declined, stating it would take much devotion and time to set Murphy's Landing back on the right track. Mr. Paul asked the Council to consider a heritage that it may view as a business, the future of a unique educational experience viewed as entertain- ment. He feels the project needs professionals to instill the integrity back into it. Steve Olson, of New Prague, states he is a CPA and joined the SCHS about a year ago. He doesn't think any blame should be laid: on the SCHS because of the lack of financial reports, because they did try to accomodate that criteria. From 1975-'76 to 1982 there were nice, regular reports, after which_ they stopped. He thinks the people behind the SCHS really believe what they do. The historical accuracy and integrity has to be maintained. Snakopee City Council July 28, 1987 Page 5 Mr. Gross pointed out that the board members do not earn any salary and put a lot of energy into this cause. They believe this project can be historically accurate and financially viable and recognized by the public if a professional director is appointed soon and given adequate power. Mayor Reinke asked for comments from the audience. Marge Henderson, director of MVRP, responded she has never used historical timbers for steps as was stated and nothing has been removed from the site. She addressed other items mentioned such as the pop machine which she has tried to screen. She added that not one propane or oil tank was screened until last October, and they have used appropriate fencing. She said the staff consultant is Foster Dunwoody, who is an eminent historical architect, who stated last week that in an 8 year period he could not believe the change in the proper direction on the site. She mentioned they do have fire code and safety regulations they have to follow which somewhat compro- mise strict accuracy. Ms. Henderson said the reversionary conditions of Ordinance 290 and 300 were not a part of the make-up or by-laws of the MVRP. She passed out a folder of papers for the Council. 'She stated they have upgraded interpre- tation and feel they have professionals on staff. They have a letter from the State Historical Society regarding the Abel house, which was unsightly on the comer of the site and didn't have the historical significance which is so important .to the site. They also had Gene Pearson's permission to take that house down. Ms. Henderson said they have inherited many problems from SCHS such as improper foundations and lack of venting and wrong stove pipes installed. She said one of the first things she did last fall was to have the buildingofficialand fire chief inspect the site to be sure it was safe. She said many things were not done according to code when the apart- ments were installed in 1979. . The information inthepacket addresses other questions. Ms. Henderson said that some of the promotions that have been done are not on the historical site, but on the upper meadow, which gives exposure to the site. She said she was directed by City Council and Scott County that they must become independent, which is what they have tried to do. In the past year they have paid off $40,000 in old debts; they are ahead of budget for the actuals for the firstfourmonthsof the year. She went over the financial statement in more detail pointing out the increase in gate re- ceipts. She included several current comment cards filled out by the public raving about the site. She said they were asked by the City to have the chain saw competition, which was held on the upper meadow, and have had large corporate picnics which don't compromise the site itself. It is these things that give the money to continue with the master plan. She definitely feels there needs to be a business manager as well as a curator, because the bottom line is making the project work. She thinks the master plan can be amended, as long as it is done in the proper way, with input from professionals .such as the State Historical Society. Ms. Henderson commented on the hiring of a director. She said she went in in October and worked for 3 months with no salary. She said the SCHS did not follow the director selection committee procedure and only gave MVRP Board the option of interviewing one person. She thinks the one person, George Turrell, is terrific. Shakopee City Gouncii July 28, 1987 Page 6 and they will keep him in mind, but they want the option of interviewing more than one person. Leroy Houser stated he is the Building Official for the City of Shakopee and said his comfort level with the present administration regarding build- ing codes and safety areas has never been greater. There is a great amount of cooperation, honesty and sincerity out there right now. Mariann Reid stated she is the program director for Murphy's Landing and wished to speak about interpretation, which they believe helps to make the buildings come alive for the visitors. She said they do not have the family histories of the houses, but they have taken what they do know and continue to research. They have put together a manual which contains general infor- mation for interpretors along with the house information. The interpretors go through a training and have a manual to refer to while they are doing their job. This last year they have put a lot of time into "house books". Ms. Reid said most of the interpretors have college educations and many have special skills suchas weavers and spinners. She clarified that she has been with the site about 111 years, and started putting the booklets together last fall. - Nancy Moline, an interpretor at Murphy's Landing, said she began volunteer- ing at the Berger farm in April. She started doing some research on the Berger family. She talked to a woman who had done a lot of research on the Bergers several years ago and provided an abundance of information to Margaret McFarlau, and it has been removed from the site. Apparently other records are missing, and she mentioned a picture that couldn't be found. The people now working on the site never had a tremendous amount of infor- mation which had been available previously. Ms. Henderson stated that all records prior to 1982 are off the site, and they have no records of attendance or gates, and interpretors' materials have been sketchy but aregrowing. Mr. Larry Paul said Margaret McFarlan left in Jan. , 1981 and when she left the records and files were still on the site, because he had gone through them.- ,But they were gone when be left in January of 1982. Art Gorgen, New Prague, stated he started volunteering in 1982. During the fall of 1982 he stumbled across family books and records that had been donated to the site up to that point in the second story of one of the ' houses, which at that time had a big hole in the roof. During the fall snow would come in through the roof, so he endeavored to have these records moved out of this place where they were "stored" and taken to the office. This is just an example of how things were done with SCHS as opposed to how they are done now. Andrea Hildebrandt, of North St. Paul, said her .first contact with the site was in 1979 as a volunteer with a personal background of interest in history. -- She was appalled with what she saw, with many 20th century artifacts and a lack of professionalism in the interpretations. She could only put up with it for a year. Four years later she came back and was very pleasantly sur- prised and pleased with what had happened. There are still things that are - not historically accurate, but they are a lot closer to where it should be. The research and interpretation is more complete. From the standpoint of interpretation, it like day and nightandshe hopes it will continue. Shakopee City Council July 28, 1987 Page 7 Anthony Worm stated he has served on the Scott County Board for 24 years. He said the reason the County Board first funded this project was that they felt these kind of things should be preserved for future generations. He said the County Board at all times checked with the County Attorney before any funding. They believed the SCHS and Murphy's Landing board were one and inseparable. He added they used 37 CETA employees for labor and they only took care of the supervisory part of it. He thinks it is a great tribute to this area to have the project. He just can't believe that two organizations can sit down and argue about something so important to all of US. He said he gave old windows out of his 100 year old house so his grand- childen could see it, and that is an example of why the Board funded this project. Dick Mertz, Scott County Commissioner, said most of what he learned of this was from the other Commissioners who were on the Board longer than him. He said the County Board is very satisfied at the present time with the way things are operated. Prior to that time there were numerous occasions when they were upset. He thinks it should be historically correct, but they also have to think about the funding and make it a viable financial business. He also asked if the bound newspapers he donated were still there, and he was assured they were. - Jake Manahan stated he is the Vice-Chairman of the MVRP and has been on the board for about 2 years. He said there has been a lot of friction between the boards for about 3-4 years. A compromise was reached with the 14 member board, 6 for each board and one Council member and one Commissioner. He thought they had been operating very successfully since that time, with no major difficulties. As a board they decided not to hire Mr. Turrell that one evening. He said he was impressed with Mr. Turrell, but it was the first time he had met him and had not met anyone else, and on that basis alone he voted no. After that the board voted to hire Ms. Henderson for the remainder of the year and that passed unanimously. We are here tonight because the SCHS resigned that night and commenced legal action. At that point they decided to take it to the City. He thinks the City's choice is to take control of the land and then establish its own historical society and operate the facility. He stated he would be willing to serve on that board. He thinks the issue is the City needs control of the site. He would suggest the City take back the site tonight, and another time decide what to do with it. John Varone, Chaska, has worked for the site since 1982. He spoke of his research into the history of the French in the Minnesota territory, spurred by volunteering in the Faribo Cabin. He said all the information he is gathering will go into the files and stay at Murphy's Landing. He resents being referred to as an amateur. Les Malkerson said he has been on the board 10-14 years and thinks if this isn't resolved now therewill continue to be problems down .the line. He thinks everybody wants to work together and he will help in any way he can. It has to be decided who will run the show. Ena Cisewski, of Rosemount, said she has been an employee and volunteer at Murphy's Landing and admits she is not an historical professional. -How- ever, she said she loves the site and has spent hundreds of hours doing research. The first and foremost thing she has learnedisthat it depends upon the historian as to what is actual and historical, as they all have their point of view. When it is said they arenot being historical, she wonders who is being referred to as being the actual historical truth. She Shakopee City Council July 28, 1987 , Page 8 knows there are some things that aren't right, but they are working to correct them and improve the site. Dr. Muralt, speaking for the Chamber of Commerce, said it is a shame that things like this are happening in Shakopee, which is going to be the com- munity of the future. They are getting requests for brochures from other states and countries. Murphy's Landing was broke a year ago, and when the banners were put up in the City, he paid the $590 out of his pocket and they paid him back this year. He thinks it is logical that the City take the project over and keep it. Geri Nelson, said she represents the volunteers on the MVRP board. Under the SCHS all she heard was they were going broke. Under the present direc- tor, they are making money. It should be remembered that there is nothing more historically American than being successful and making money. Greg Sebald, of Jordan, said he grew up in the Shakopee area and the restora- tion site. In the 1970's he visited the site and was disappointed. He p revisited the site about a year ago and was amazed at the quantity and quality of the site. In this area the entertainment dollar is competitive. He emphasized the business sense that is needed and the even keel the -pro- jeer is now on. The attendance figures show it is a viable product and he supports the direction it is going. Walt Yaeger, of Hopkins, said his grandson visited the site on a school tour, and now there are 4 in his family that work there. He said the volun- teers are dedicated and want that site to succeed. During the first years they got little help from the SCHS, but the current director is really try- ing and should be given a chance. Virgil Mears. said he has taken pride in the fact of the number of buildings at the site. Under Margaret McFarlan's leadership, acquisition was the program, as it should have been in the beginning. But somewhere along the way someone lost sight of when the acquisition stage was surpassing the ability of the site to preserve and restore. After Ms. McFarlan left, the board made the decision to restore and maintain the buildings that were present. Unfortunately, for some of the buildings it was too long overdue. It has become very costly and time-consuming to do that. Some of the build- ings should not have been moved to the site. As a consequence, some of the buildings were dismantled, always with approval and recommendations of authorities in the field. He thinks the board has done a magnificant job in balancing income and authenticity. He doesn't feel a site like that can be operated on donations today. He feels the board is doing an excellent jnb and he supports their work. Mayor Reinke asked if there was anyone else who wished to speak, and there were no further comments. Wampach/Clay moved to close the public hearing. Motion carried unanimously. Clay/Leroux moved for a 10 minute recess at 9:15. p.m. Motion carried unanimously. Leroy/Vierling moved to reconvene at 9:34 p.m. Motion carried unanimously. Shakopee City Council July 28, 1987 Page 9 The Ass't City Attorney said the purpose of this hearing tonight was for the purpose of establishing whether or not good cause exists to exercise the City's reversionary rights with respect to the property. A lot of testimony and opinion was given tonight centered around how Murphy's. Landing has been and is being run. However, that criteria doesn't exist; it is a subjective judgment. He advised taking a look at Resolution No. 2741 and the six items it contains which were brought to the attention of SCHS to give them an opportunity to respond. He suggested handling this the way a difficult conditional use permit would be handled, by going through the criteria one at a time, discussing it, determine whether or not that criteria has been met and giving staff direction to bring back a resolution encompassing that determination. At a subsequent meeting when the resolu- tion is brought back it can be adopted. The Ass't City Atoorney addressed the recourse available to any party aggrieved. He doesn't believe anyone can successfully challenge your de- cision not to exercise your reversionary rights. If you determine that some or all of the criteria have not been met and exercise your reversionary right, the aggrieved party would be the SCHS, which has the right to take that decision to a court of law. In court, he would speculate it would be looked at similar to a conditional use permit for which there should be a reasonable factual basis for their action. The Ass't City Attorney also suggested Council maywishto discuss first whether or not under any circumstances they would exercise their reversionary right .and take the site back. If a decision is made that the criteria has not been met and the site will be taken back, it will then have to be de- cided what the City will do with the site. Those alternatives can be dealt with at a later meeting. Cncl. Vierling stated she would be in favor of taking the site back and finding a new board to provide for continued administration of the site. She would envision something like the way SPDC is set up, which works under the City and reports to City Council, and yet is a separate operation. She doesn't believe the two present boards can be brought together. She was a part of the joint board and thought everything was working well, but apparently there was a hidden agenda. Mayor Reinke stated this site has to be looked on for its impact on the City. There are 87 acres that could be worth millions of dollars in development. It is becoming more well known, but has to be run as a business. He thinks it is important that people do not get the impression of disorganization in any of the city facilities. The City wants to work with any business to - avoid problems. Maintenance and reconstruction cannot wait with this state's short construction season. The Asst City Attorney explained the history of the litigation between SCHS and MM which involves the City. He said an agreement has been reached to hold off the litigation to see what decision the City makes at this hearing. It is his assumption that if the City doesn't make a decision, the litigation will resume. If the City exercises its reversionary rights and is not success- - fully challenged, the litigation is moot. MM has received any rights it has through SCHS, so if it exercises its reversionary rights it will extin- guish the rights of both organizations and the City will be the exclusive owner. Snakopee City 6ouncil July 28, 1987 Page 10 The Council started to go through the criteria as listed in Resolution No. 2741, one by one. The Asst City Attorney advised that criteria Is, regard- ing the transfer of title via quit claim deeds, is a legal rather than factual issue. He believes that any of the transfers from SCHS to Scott County were efforts to obtain funding, and not efforts to transfer equitable deeds to the property. .He thinks the only real issue for this criteria is the deed signed by Judge Fitzgerald and Dr. Miller sometime in the early 1980'x, transferring title from SCHS to MVRP. He referred to the deed and letters prepared by himself at the direction of Margaret McFarlan which were done for the purpose of actually transferring title. He never knew any of the deeds had been signed until 6 weeks ago when the original deed was brought to his attention. The signatures are valid, but the issue is whether or not the deed is valid, without supporting minutes and authorization. He added the site is not mortgaged. It was the consensus of Council to come back to this criteria later. Criteria lb: The City Admr. pointed out a letter from the City Clerk stat- ing there is not now and never has been an insurance policy filed with the City naming the City as a co-insurer by the SCHS. Mr. Gross said the SCHS has had insurance in the past, but he didn't know if it had been filed with the City. Ms. Henderson stated there is insurance in place naming the City as co- insured, along with the county, but not filed with the City. She added the conditions of Ordinance No. 290 and No. 300 were never imposed on MVRP. The Ass't City Attorney clarified that SCHS is the fee owner of the property, and the City has to determine whether they believe SCHS is excused from its obligations after MVRP began running Murphy's Landing. He believes the City's relationship is only with SCHS, not with MVRP. Cncl. Leroux stated that since there has been no resolution relieving SCHS, they still are res- ponsible for these criteria. Cncl. Clay agreed with that interpretation. The Asst City Attorney said it was his opinion that the deed creating the transfer to MVRP is like a contract, but the obligations are placed on the recipient of the land. There is no evidence that any obligations were pas- sed onto MVRP. Cncl. Vierling said it appears SCHS created a dummy corp- oration to raise funds, but didn't follow through with channeling responsiblity. The Asst City Attorney added that even if the City recognized MVRP, the obligations of the ordinance don't appear to have been met by either organi- zation. He stressed the obligation to police the criteria is not on the City, so even if the City accepted the lack of records, etc., it doesn't preclude the City from demanding them at this time. The management of the site didn't come before the City because of the lack of meeting the criteria, but because of other problems. At that time the rest of the information started accumulating. The ordinances created the obligations, and if no one _. . knew about it or thought to check, that is not the City's obligation. The terms were imposed and accepted at the time the land was given. Leroux/Vierling moved that the SCHS has failed to obtain and file with the City of Shakopee a public liability policy naming the City of Shakopee as an insured with respect to claims arising out of the use and development of the site. Motion carried unanimously. _ Shakopee City Council July 28, 1987 Page 11 Criteria lc: It was asked if SCHS at this time has 100 members in Scott County. The Chairwoman of SCHS answered affirmatively. Leroux/Wampach moved that SCHS has maintained a minimum active paid up membership roster of 100 Scott County residents. Motion carried unanimously. Criteria ld: The City Admr. pointed out .the years when no financial reports were received from SCHS. Vierling/Clay moved that the SCHS has failed to file with the City of Shakopee complete annual financial statements indicating all monies directed or received for use on the site, verifying that at least a substantial sum of all monies have been committed for the physical development and artifacts to be placed on and for the maintenance of the project on the site. Motion carried unanimously. Criteria le: The City Admr. pointed out the minutes of meetings were quite incomplete. Jackie Joslyn stated she has minutes of the meetings. She said in 1984 the County asked them to supply them with information on meetings, which they did. She said since they were not aware of any request by the City, no minutes were filed. She said they are a completely new board and concerned with financial responsibility and have been trying since February of 1984 to get information from MM. She also has all the old minutes, which she will copy for the City if required. Mr. Gross clarified that Margaret McFarlan was hired as the director of Murphy's Landing, and she was never a director of SCHS. Ms. Joslyn said Ms. McFarlan is their consultant, but is not paid. She said Ms. McFarlan tried to push them into their responsibility, as she was aware of Ordinance No. 290, but she said the board dragged their feet about it. Leroux/Vierling moved that SCHS has failed to file with the City names of officers elected each year. Motion carried unanimously. Criteria If: Ms. Henderson stated the money received from.Scott County was specified towards certain line items of the budget. It was used for main— tenance, repairs and restoration. She said the annual total operating budget was $285,000, and they received about 14% from the County. The Stans foundation gave $50,000+ per year which at times has been used for operating expenses rather than just capital improvements. This represents about 75% of their capital improvement budget. Vierling/Leroux moved that SCHS has failed to attract anticipated financial support to develop, use and maintain the site in that the County of Scott and the Stans Foundation have indicated that both groups intend to with— draw substantial financialsupportto the project if control thereof is returned SCHS. Motion carried unanimously. Criteria la: Cncl. Leroux asked if the deed in question has created a cloud on the title of the property, but the Ass't City Attorney replied that since the deed hasn't been filed, it probably isn't yet a cloud. Ms. Henderson stated they also have a Court stipulation of settlement in which Margaret McFarlan acknowledged Murphy's Landing is owned and operated by MVRP. She also has a HUD audit that makes the statement that the site Shakopee City Council July 28, 1987 Page 12 is owned and operated by MVRP, and IRS statements that show the asset of Murphy's Landing. The Ass't City Attorney looked through the stipulation of settlement copy he has which did not make those references. Mr. Gross maintained it would be irrelevant anyway, as Margaret McFarlan was only an employee and had no authority over who owned the site. Cncl. Leroux thinks there may have been intent to transfer the title. The signed deed is evidence, even without the enabling resolution. Leroux/Vierling moved that the property has been sold, encumbered, mort- gaged or hypothecated or not kept free from liens or other attachments, contrary to Paragraph B of the quit claim deeds. Motion carried unani- mously. Clay/Vierling moved to direct staff to prepare a resolution which would embody the findings of City Council made tonight and call for the reversion ' of the property back to the City. Mayor Reinke requested a full Council for that vote, and a date of August 18, 1987 was set. Motion carried unanimously. Clay/Wampach moved to direct staff to prepare recommendations in a detailed report listing the options available to .the City should it decided to exercise its reversionary rights. Mayor Reinke invited anyone in the audience to submit any ideas and pros and cons on the various options to staff before that meeting. Acopy of the recommendations will be mailed to each of the boards of SCHS and MVRP. Motion carried unanimously. Clay/Wampach moved for a 5 minute recess.at 11:09 p.m. Motion carried unanimously. Leroux/Vierling moved to reconvene at 11:18 p.m. Leroux/Wampach moved to approve the the application and grant an On-sale 3.2 beer license to the Shakopee Jaycees at Tahpah Park Ball Fields for August 2, 1987. Motion carried unanimously. The City Admin. explained that U.S. West Corp. is looking for a location for a. 1500 person research and development facility, and Scottland is going to enter the bidding. They have asked the City for support through a letter of commitment for financial assistance. Tim Keane of Scottland explained the proposal in more detail, stating they are on a very short time frame for submission of a proposal. He believes the competition for this facility will be intense and therefore thinks some incentives need to be offered. He thinks a Scottland property would satisfy the criteria they are looking for, and they are requesting a general support statement from the City. He added there could be other sites it the City's submission besides Scottland. Mr. Keane added the Commission will be forwarding to the City soon a report they undertook to research what other communities are doing to lure development. He gave examples of incentives offered by Chaska, Chanhassen and Apple Valley. - Shakopee City Council July 28. 1987 Page 13 Cncl. Wampach asked staff to answer the following questions: how much tax increment is being issued by other communities, what is meant by a $1 write- down of property and what is the commitment level of all tax increment funded projects in the City now, and when will the property be put on the tax rolls. Some discussion followed regarding various alternatives for incentive packages. Mr. Keane said a statement received by August 4 would be sufficient. Leroux/Vierling moved to direct the appropriate City officials to work with Scottland in the developmentof a site proposal for the D.S. West Advanced Technologies Facility, and come back to City Council with a proposal for the August 4 meeting. Motion carried unanimously. Leroux/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:45 p.m. Judith S. Cox City Clerk Diane S. Bench - Recording Secretary 5t-11 WALTER F. YEAGER, Jr. 137 - 76th Avenue North, Hopkins, Minnemm 55343 August 71,19B7 - � - MdOY.VHS d0 A.L10 Mayor Eldon Reinke Shakopee City Hall L961 j 9nd 129 East First Ave. O3A1303a Shakopee,Minn. 55379 Dear Mayor Reinke: LL Having attended the hearing for the differences between the operation of Murphy's Landing under the Scott Co. Historical Society and under M.V.R.P. , I wish to compliment you and your councilmen on the careful and thoughtful way you conducted this meeting.Consideration was given to all concerned parties who wished to express their thoughts. Having been involved with the Murphy's Landing site sinus 1979Las a family of volunteers] , it would seem to me that anyone seriously interested in preserving this part of Minnesota history could bury any differences, and work together to achieve the same and. My own observations tell me that we at least have an"on site director" in Marge Henderson.Perhaps she is not the historian the Society would like, but she has made more progress than any other "leader" we have had while our family has worked there.It would seem that a good historian could be added,but someone still has to give "on site management and support".This Marge has done, and done very well. With some guidance from your Commissioners, it would seem to me that the "site" could become an even better attraction for Shakopee and the Minnesota Valley. We hope the work on the site, and its objectives can be allowed to go forward, and expand rather than being held back by uncertainity. t Wa�F. s t i t I I X19 81 L PSG , �7�en.T t: G1SY pF �MPKU��PE"�__r MC // 11 LL__ c Sn arY) Memb:rs OY Phe hdkolaee i� C nci1, fr U lullem m 1 pp-r lir. 4he- (Ann. Wl�j jQes�ora{.art �'b a.t, �ou- esker) foreua.vnes cpinians - here are- mine. .T bel iel-1ve - 4 Abe cow-vct ( 5)bud es-labl,5h j 3 new boarr) local koAwica( 5co2kf a, -6 Pun d oP0-e4e V/lurphc s Aal since 4,6 proper as a Who/e. was FL-4 aside -- -- -- foe er)uadionel use - 'Ike wkole sine Sltuld be used. 04e &t 3 of doing//_ -Ais L,)D d d be -/b as4abl;sh an 0k 4,�aur Fdueahm Cr er 4,- d4 Ae -far end of Ae site, 7Ai5 canfer could Loork clrw!llir LANA local J/ia 5r� ark abLdd make it pUassible use all Ae neswwzs eke si4 has; Ae giver, Abdplain.r ,midrrV.&- w, "rsk, arj all -Ae w;ldli/e and { A.-ir habihs, IMVxP has /6 dlonly ked ion Z know) or WiA .5adA Iassib'hlieS, e1, orr)�r for an !,.Wdmr ed. C'en!-tr >!o d/lrae% Yhey no/ d only neer/ good 1JroBrvn„Ybw -1 d �oed/ion ev,TT in d?(/ hour Dr devo W Ile sdw/S.) U1 imag ne /o /ori,s Lobel d pr�rrn7 eslahlJwd - an/,/ .soon r} � )o�O b/e W j Land ibU6ry. /O ire generd/ ineti�e >'/re Sr/e, .Qnufamor o//uea b. oenfe dn, / Aeks-Ar cd/ ogirl of Ile sk 6Yuld (f/o/r' k Side 6� side dnd mke usep o+ a d ler�n� /,as �o 0pEAIL-,epi rzu:ld need is d teuJ bvildiiYrs down/ d 74e j +ar erY� aF flie sr/e r/fdr e W,,zr ,ma/Jow.. ICGAre Ile- Q.- hv7'1- /S 16wakd--P if i.S 5411 //.id y Off/ iT5 {�undd/o+/.� ¢y tjoa/d _ p/e/rae� i-rorh 'llie /I JYar,Cd l /Jdr f o� �/ie S,� dT dll g Srrtd.l� spa 1 4v es�abds.A and run the preprarn s i i : ._ LnC�oSgJ you k7i l[..tin _ _fie. . inkrmd� >or -� �• Ce+*tCr 3 inn (A,o - -lo �ivE C306CJ .0e6SioCwl.... I i a S 1 I I I 1 • vo . • see / � pop Ak IS _ n i 1 1 I �m �'Y9 � • HOW IT ALL STARTED... The name Joy cane from a camp in Batavia, Ohio started by the old St. n---b_s Episcopal Church. Mien St. B---`-s Episcopal and West Cincinnati Presbyterian merged in 1945, they together with the Fin.9lay Street Neighborhood Hasse, moved Camp Joy to Kroger Hills. This site had been given to the city as a gift from Mr. Kroger, and while it was rent free, it was in great need of repair as the buildings and sanitary facilities were quite old. In 1958 the city withdrew the use of this site from the Camp Joy Board. In that summer the camp was operated on a site outside Columbus. In the meantime, a group of people vitally interested in Camp Joy put up the money to place an option on a 315 acre farm six miles beyond Morrow and one mile from Clarksville. That land was finally purchased in 1959, with a sizable mortgage. With volunteer labor from a group of Quakers and used materials donated or purchased very cheaply from builders, the first ten buildings were constructed. These buildings were used the next 12 years with Camp Joy's summer program which accom odated about 350 children each summer. In 1972, winterized facilities were completed enabling.Joy to begin its year-round outdoor education and camping program. During the next 12 years, the old buildings along with the winterized facilities were used to provide camping experiences to over 5,000 children a year. Although these facilities were adequate they were not as attractive or energy efficient as they could be. In 1984, Joy's Board of Directors challenged themselves to the endeavor of a large capital campaign. The monies generated from this campaign continue to be used with renovation needs as well as allowing for the general upgrading of grounds and facilities. Joy's farm area has been revitalized to a working farmstead. An adventure program was developed and implemented. The cabins through remodeling have taken on a comfortable cozy look while becoming energy efficient. The dining hall will be complete with lenge areas, additional eating space, restrooms, classrooms, and an outdoor wooden deck. As ,Joy has grown and developed throughout the years, so has its name. Originating in the late 1930's as Camp Joy, it became known in 1975 as Joy Resident Education Center, reflecting the Board of Directors commitment toward education and social development. Then in 1985, another change occurred eaphasizing the Board's belief that one of the world's greatest classrooms is that of the outdoors. What initially started as Camp Joy has matured with time and community involvement into Joy Outdoor Education Center. A center which operates comprehensive programs for both the young and old. The summer season continues to serve children with a traditional Sumner camping program while also hosting several band camps. The Outdoor School Program along with the Adventure Education Program offers experiential learning to schools from all parts of Cincinnati plus others from Butler, Clinton, Clermont, Greene, Montgomery, and Warren counties. Joy's Venture Out! offers executives with a proven program of uncomuon challenges focusing on stress management, group cooperation and communication, and teamwork. The center also leases its facilities for week- long and week-end conferences and retreats. The history of Joyhasrested on the shoulders of concerned community members. The future of Joy is filled with excitement and challenge as many new innovative programs are being planned. Through continued active and determined community support, Joy will become one of the leading Outdoor Centers in the country. JOY OUTDOOR EDUCATION CENTER A NON PROFIT ORGANIZATION PPUvID1Pr; I. Unique Year-Round Programs For outdoor Education 2. A Sums Camp For Disadvantaged Children 3. Special Program; For Social And Civic Groups JOY COMMITMENT Joy Outdoor Education Center promises an uncomion, unforgettable camping adventure. The Joy experience is enriched by a true appreciation of the environment, inter-relationships with persons from varied backgrounds, and the fun and excitement of high adventure. Joy is 315 acres of rolling hills, forests, and streams. In this natural setting, young people "go back to nature" and share in exciting and unusual experiences supervised by a highly skilled professional staff. STATEMENT OF PHILOSOPHY The Board of Directors and the staff of Joy Outdoor Education Center are committed to achieve the following results with all who participate in our programs. 1. Enhance awareness of the environment and the relationship to it. We try to enhance an individual's sense of self in relation to the natural, physical, and human aspects of his or her environment. 2. . Increase self-esteem. Children should return home feeling better about themselves. We intend to identify and promote; latent leadership skills, individual growth, and self confidence. 3. Improve understanding of other people, particularly those of different race, creed, or economic background. Children should leave with a feeling of community in the broadest sense of the Mord after experiencing cooperation and caimmicaticn in a group living situation. All programs will incorporate activities designed to further this philosophy. We recognize that our program will play a more significant role in the lives of our participants if the ideas implanted at Joy are sustained when the children return home. Accordingly, we will Mork with teachers, counselors, parents, social workers, and others to help insure that the Joy program fits into a broader program of social development. Whenever possible, we will implement this philosophy by emphasizing active participation in small group activities in which each person has a meaningful role and where the success of the group depends upon the efforts of each individual. FACILITIES lodging: Students live in one of Joy's six winterized A-frame cabins, (presently undergoing remodeling, projected completion date, 9-1-1986) , each complete with comfortable wooden bunkbeds, hot. 'nd cold running water, showers, restrooms, lockable outer doers, (with emergency exit push bars) , and centrally forced heating systems. Each cabin accommodating 24 stents. Separate Joy staff quarters are located in each cabin for 24 hour a day supervision. Visiting teachers reside in a separate cabin which also includes all the modern conveniences. MEALS: Joy's dining hall, with capacity for 200, serves tasty, balanced, family style meals. Students set tables, do table clean up, and act as host or hostess. Remodeling plans for the dining hall will include; lounge areas, restrooms, an outdoor wooden deck, and classroom space, (projected completion date 9-1-1986) . C[.A.SSROOMS: with the largest classroom being the outdoors, Joy also has indoor classroom space for inclement weather and warm up periods. An arts and crafts building, outdoor pavilion, and Joy's program building are available for meeting space and evening programs. FARMSTEAD: A recently renovated working farmstead offers students the opportunity to experience life at the turn of the century. Students help with the daily chores of the season and are able to reap the rewards of their effort. ROPES COURSE: Two state-of-the-art ropes courses allow children to meet challenge and adventure in a highly supervised setting. In addition to the above, an infirmary, business office, maintenance building, and several staff residences complete the list of facilities on Joy's property. SUPERVISION PROVIDED Students are supervised 24 hours a day. In addition to the visiting school teachers, there is a permanent center staff of: Executive Director......oversees entire"operation, future development, and promotion of center while assuring quality control of all departments.- . Program Directors.......promote, plan, and execute daily use of center in addition to training and supervising staff. _ Office manager..........runs business aspects of center along with maintaining personal contact with associated businesses and community memdx,rs. Support Personnel.......including three permanent dining hall staff, one full time maintenance director, and a part-time farm hand. Administrative Interns..assist with program director's duties and provide 24 hour administrative supervision. Naturalist Interns......provide students with ou L_'�r �Tvriential learning activites as they take on the duo- roles of teaches/counselor. Naturalist Interns are either college undergraduates en- gaged in practical work experience or cooper- ative placement in the field of Outdoor Edu- cation, or, they are college graduates seeking additional experience in this area. Cabin Supervisors.......supervise students in sleeping cabins and assure strict adherence to all health and safety policies. Cabin Supervisors are college students gaining child related experiences while continuing their education. VISITATION Parents are welcome to visit the Outdoor E.duc:,:. . ,n Center. However, it ISI is best for visits to be made either before or after their child's experience. Visits made during a child's experience often interfere with the daily routine and may cause problems. Visits are preferred on weekends and Joy should be notified in advance. LOCATION Joy Outdoor Education Center is located off of State Route 22 & 3, six miles beyond Morrow and one mile from Clarksville, at 10117 Old CCC Hwy. DIPJ3CTIONS I-71 North to Warren Co. Road q7. Turn RIGHT, go 100 ft. nmu(gpg0 Joy Turn RIGHT, on Middleboro Road. ROA9 At stop sign (1 Mile) , Turn LEFT on St. Rt. 350. 1 At next stop sign (3 Miles) , Turn ^� RICdif on St. Rt. 22-3. 0 1/3 mile Turn 1177 on H .0 Old COC HWY. RT 123 r noRgew 1000 feet to JOY entrance. JOY OUTDOOR EDUCATION CENTER..........3 DAY PROGRAM OUTDOOR EDUCATION FOR FXPERIENTIAL/ADVFNrURE/ENVIRO!d42UAL ITARNING DAY 1 Day 3 10:30 Arrival, Orientation 7:00 Wake up! ! ! Move into Cabins 8:00 Hoppers Staff/Teacher Meeting 8:15 Breakfast 11:30 Picnic lunches by cabins 9:00 School's Choice (see *) (see ****) 12:1.5 Trail Groups: 11:15 Hoppers & Cabin Break Gr6—ulif Initiatives 11:30 Lanxch 1:00 Restroom Break 12:15 Load Luggage 1:15 Trail Groups: 12:30 Farewells & U•!arLure Class Period (see **) 4:15 Recreation 4:45 Cabin Break 5:00 Dining Hall Orientation 5:15 Dinner Students are divided into 6:00 Journal Writing Cabin and trail groups. 6:45 Evening Program: (see *•*) 8:15 Cabin Time...Showers & * Students bring sack luncL & Quieting Activities drink for first day. 9:30 Lights Out & in Bunks 10:00 All Quiet! !! ** Trail Group Class Periods: Schools select their classes from the Outdoor School 'Topic DAY 2 List, which is enclosed. Or classes can be designed to 7:00 Wake Up! ! ! meet a school's neczls. 8:00 Hoppers 8:15 Breakfast *** Lvening Programs vary 9:00 Trail Groups: according to school's wisl K•s. Class Period (see **) Lxamples are: 12:00 Hoppers & Cabin Break Campfire Programs 12:15 lunch Astronomy & Star Crazing - 1:00 Cabin Time, FL.- t off Floor New Gams 'lburnamrnLs (all on tanks resting) Night Hikes 1:30 Trail Groups: Country Hoedowns Class Wriorl (see **) 4:30 Recreation **** School 's C7loicc-: Sc)rools 5:00 Hoppers & Cabin Break - may select the Culminating 5:15 Dinner activi Ly of thwr choict.. 6:00 Journal Writing Ex:. ,-ph-s are: 6:45 Evening Program: (see ***) Additional Classes: 8:15 Cabin Tine, Shmers & Cookouts _- - Quieting Activities Outdoor Career Fairs 9:30 Lights Out & In Hunks C'ullurol Fairs 10:00 All Quiet! ! ! Students Choice This is a sample schedule. Only after ,meeting with the pruticipatirg teachers can a schedule be designed Le, nx,A your wAl ol 's rxrus. JOY OUTDOOR EDUCATION CENTER...........5 DAY PROGRAM OUTDOOR EDUCATION FOR E%PERIFNI'IAL/ADVENTURE/ENVIRONMENTAL LEARNING DAY 1 DAY 5 10:30 Arrival, Orientation 7:00 Wake Up! ! ! Move into Cabins 8:00 Hoppers Staff/Teacher Meeting 8:15 Breakfast 12:00 Dining Hall Orientation 9:00 School 's Choice 12:15 Lunch (see ***) 1:00 Trail Groups: 11:15 Hoppers & Cabin Break Ground Initiatives 11:30 Lunch 2:30 Restroom Break 12:15 Load Luggage 2:45 Trail Groups: 12:30 Farewells & Departure Sensory Awareness 4:15 Recreation 4:45 Cabin Break 5:00 Hoppers 5:15 Dinner Students are divided into 6:00 Journal Writing cabin and trail groups. 6:45 Evening Program: (see **) - 8:15 Cabin Tine...Showers & * Trail Group Class Periods: Quieting activities Schools select their classes 9:30 Lights out & in Bunks from the Outdoor School Topic 10:00 All Quiet!! ! List, which is enclosed. Or classes can be designed to meet a school's needs. DAYS 2, 3, & 4 7:00 Wake Up! ! ! ** Evening Programs vary 8:00 Hoppers according to school's wishes. 8:15 Breakfast Examples are: 9:00 Trail Groups: (see *) Campfire Programs Class period Astronomy & Star Gazing 12:00 Hoppers & Cabin Break New Games Tournaments 12:15 Lunch Night Hikes 1:00 Cabin Tine, Feet off Floor Country Hoedowns (all on bunks resting) 1:30 TrailGroups: (see *) Class period *** School's Choice: schools 4:30 Recreation nay select the culminating 5:00 Hoppers & Cabin Break activity of their choice. 5:15 Dinner Examples are: 6:00 Journal Writing Cookouts 6:45 Evening Program: (see **) Cultural Fairs 8:15 Cabin Tine, Showers & Outdoor Career Fairs Quieting Activities Additional Classes 9:30 Lights out & In Bunks Student's Choice 10:00 All Quiet!!! - - This is a sample schedule. Only after meetingwith the L:articipating teachers can a schedule be designed to meet your school 's rw'cds. OUTDOOR SCHOOL FEE SCHEDULE DAY PROGRAMS: $1.00/HOUR/STUDENT 2-DAY PROGRAM: 521.00/STUDENT 3-DAY PROGRAM: $35.00/STUDLM 5-DAY PROGRAM: $65.00/STUDENT STUDENTS BRING THEIR FIRST DAY'S SACK LUNCH & BEVERAGE. ALL =IER MEALS, CLASS INSTRUCTION• & CABIN SUPERVISION INCLUDED. _ RECEtY.-n Aug. 9, 1967 gG a AUG.1- 11l8�' Shakopee City Councii, 01tY AF SHAKOPE I attended the public hearing ;^._-Tuly concerning the argument between the Scott County Historical Society- and,-the Minnesota Valley Restoration Project (MVHP) over the operation of the Murphy' s Land- ing site. It appeared that after all of the statements were fin- ished the argument boiled down to one main point--the Historical Society has not fulfilled it's obligations to the City of Shakopee. At the meeting it was suggested that those with an interest in the operation of the site should let the Council know their ideas. Well, I have volunteered uncountable hours and donated a large amount of money to Murphy' s Landing (under the leadership of the MVRP) over the years and would hate to see it go for naught, so here are my ideas : First--I would applaud the lease with the Historical Society being terminated and the City of Shakopee take back the site with some sort of active role in the operation of Murphy' s Landing as an historic endeavor. Even if that just means a couple councilmen being on the Murphy' s Landing board. Let's put an end to the fight concerning ownership of the site once and for all and the city would then have an active role in the activities and business pro- ceedings of Murphy' s Landing. Second--Since I 've always been associated with Murphy' s Land- ing while under the leadership of the MVRP board, I am somewhat biased towards them,and the members it now has seem to be doing a very good job. As a result, of course, I would like to see that board remain in place as the management board of Murphy' s Landing with the addition of a couple city people to monitor the site' s operation. If the Council thinks this would be leaning too far in the MVHP direction in the final outcome of all this, then I would propose a "combined Board" consisting of members from both the MVRP and the Historical Society, but still with the addition of a couple city council people. I would, in that case, make the lead- ers of both factions (Marge Henderson and Jackie Joslyn) ineligible to be on that combined board for as long as they hold any position .with their respective organizations. Third--I 've been associated with Murphy' s Landing for several years now and have seen it progress from a debt-ridden organization , with buildings falling down forwantof a proper foundation (or because of no foundation at all) , to a museum where attendance keeps - rising, bills are being paid off and buildings are being repaired and stabilized. This sounds like a good formula to me and I 'm sure no business would tamper with a program that's working and produc- ing such results. I would, therefore, propose that the present leadership of Marge Henderson be left intact. The site has needed someone with a business background for far too long. Again, if this appears that the Council is leaning too far towards MVRP in it's decision then specify that at some point in time ( this winter, before next season, in one year. . . ) an historically oriented dir- ector should be hired to augment Mrs. Henderson' s leadership. This would be subject to the city' s approval because of the couple of councilmen on the board. These ideas may or may not help resolve anything, but what I 've tried to impart is that it was the Historical Society that put Manphy' s Landing into the financial quagmire that It' s just now pulling itself out of under the leadership of the MV R°. Please don' t make the mistake of turning the entire governing board or the directorship over to them, so history can be repeated. Thanks for your time, L� Ar ur Gorge 40 Central Ave. N. Ne Prague, Minn. 56071 g � Earl and Susan Hofmaster 1028 Dakota Street Shakopee, MN 55379 496-1967 Dear City Council and Planning Cession: We were in the audience on Thursday, July 30, 1987, in regard to the issue of the Starwood Amphitheather. We are both strongly opposed to this entertainment center in Sahkopee. An issue that was not brought up at the meeting but I will present at the August 20 meeting is insurance. As a ccmwrcW insurance agent, I have contacts in the industry. North Star Risk Services, which represents I-ag,e of Minnesota Cities, the company that insures the City of Sahkopee. Since Stanwood is a privately owned company, under no ciranastances will the City of Shakopee's liability insurance be extended to cover off duty police officers .when used as private security guards for this company. In contacting Northern States Agency, a company that represents unusual risks, they do have insurance ccopaniec that might take on the Amphitheater. However no company will extend liability to cover off duty police officers as private security guards. A standard exclusion in all liability policies is assault and battery and pollution. If the City of Shakopee is willing to allow one company this privilege of this service, where is it going to stop, and why can't every private company in Shakopee request this service? Is the City of Shakopee willing to take this kind of risk for liability? I well the citizens of Shakopee deserve a written explanation of how you intend to protect us against further law suits, as this certainly seems to indicate a "suers delight" loophole. - - Sincerely, RFCFIVF� 41$7 C!ry OF SHgKopE MEMO TO: John K. Anderson, City Administrator FROM: Judy S. Cox, City Clerk RE: Police Professional Liability Insurance DATE: August 7 , 1957 In follow up to the letter from Mrs . Earl Hofmaster received August 4, 1957, the following is a summary of our conversations with Sue Sichmeller of Capecius Agency and Carl Bartlotti of Northern States Agency. The City' s insurance with the Leaugue does not cover off duty Officers . Police professional liability policies are not readily available that include moonlighting coverage. Northern .States Agency does offer a Police professional liability policy which can include a moonlighting endorsement. Northern States Agency is a St. Paul brokerage house for high risk coverage. Off duty officers could be insured as an employee of Starwood under their coverage (if they are considered an employee) ; they could be insured as an employee of a security business (if they are considered an employee) ; they could insure themselves as a contract employee but most companies will not cover individuals. CANTERBURY D O W N 5 August 9, 1987 CITY OFo1 11981 SHgKOplk-$ Mr. John Anderson City Administrator City of Shakopee 129 First Avenue East Shakopee, MN 55379 Dear Mr. Anderson: RE: Canterbury Downs County Road 16 Driveway This letter will notify the City of Shakopee of our intent to use the driveway connecting to County Road 16 for approximately 30 minutes per day, during the exiting period each race day evening. This traffic is generally exiting to the east and proceeding southbound on Canterbury Road. We do not intend to use this driveway as an entrance and, in no case, will the gate be open after 10 p.m. We understand this use of the driveway complies with the conditions of the Conditional Use Permit and the PCA Indirect Source Permit. Yours si c /pee Cc igan cc: Chief Tom Brownell, Shalice Department Bruce Malkerson, Scottlanies Mike Manning Tim Thompson FJC/ljc Canterbury Downs/1100 Canterbury Road/P.O. Box 508/Shakopee, Minnesota 55379/(612) 445-7223 - INDIRECT SOURCE PERMIT 84-3 to construct the Shakopee Racetrack and Related Roadway Improvements in the City of Shakopee , in Scott County, Minnesota In accordance with Minnesota Statutes Chapter 115 and 116 , 6 MCAR 4 .4001 to 4.4021 , Rules Relating to Permits, and 6 MCAR 4 .4311 to 4 .4320, Rules Relating to Indirect Source Permits , and State Noise Standards set forth in Minnesota Rules Parts 7010.0010 7010.0300 and Minnesota Rules Parts 7010.0400 to 7010.0700, plans are approved and an Indirect Source Permit is hereby issued to MINNESOTA RACETRACK, INC. and MINNESOTA RACETRACK LIMITED PARTNERSHIP 5248 Valley Industrial Boulevard South Shakopee, Minnesota 55379 and the CITY OF SHAKOPEE 129 East First Avenue Shakopee, Minnesota 55379 and SCOTT COUNTY 428 South Holmes Street Shakopee, Minnesota 55379 for construction of the following project under the conditions set forth herein. PART I DESCRIPTION This permit authorizes Minnesota Racetrack, Inc. and Minnesota Racetrack Limited Partnership (hereafter sometimes referred to as Minnesota Racetrack) to construct the following: a. The Shakopee Racetrack b. 10 ,650 associated parking spaces . _ C. 100 associated bus parking spaces . This permit authorizes the City of Shakopee to construct the following roadway improvements: - d. City of Shakopee North-South Collector street. e. Valley Industrial Park East-West street. f. widening of County Road (CR) 83. g, widening of Valley Park Drive h, widening of Fourth Avenue i, intersection improvements on Trunk Highway (TH) -101 . 6. The City of Shakopee shall provide traffic control and any other law enforcement training necessary of personnel discussed in Special Condition 5.e. as reserve police officers so as to permit them to direct traffic on public roadways and provide a safe environment at the Shakopee Racetrack, subject to the funding conditions of Special Condition 5.e. 7 . Minnesota Racetrack shall ensure thefollowing dustcontrol _ measures are taken: a. restrict construction and maintenance vehicles from unpaved surfaces. b. spray construction areas and haul roads with water or oil, especially during periods of high winds or high levels of construction activity. C. minimize the period or extent of area of cleared and regraded land. d. cover or spray material stockpiles and truck loads. e. wash the wheels of vehicles leaving the construction site to limit dust reentrainment. f. sod or seed the overflow parking areas . _ g. treat the track with water or dust controlling chemicals. h. cover the loads of trucks hauling dust-producing materials from the site. i. cease dust producing activities during periods of high winds. J. take any additional measures required by Minnesota Rule Part 7005.0050. B. Minnesota Racetrack shall : a. ensure that all engines and engine-driven equipment used in construction and maintenance of the racetrack are fitted with an adequate muffler that is properly maintained and in constant operation. b. conform all construction activity to requirements of the Shakopee noise ordinance. C. close the south entrance gate to the proposed racetrack site after 10 p.m. to prevent all motor vehicles from exiting to the residential area along CSAR 16. d. outline additional measures in the Special Provisions of all construction contracts, to designate specific haul routes located outside noise sensitive areas. . _ 1 -6- Minneapolis - Saint Paul 1996 SUMMER OLYMPIC GAMES August 6, 1987 RECown AUG 1987 Mayor Eldon Reinke City of Shakopee CITY OF SHAKOPEE 129 1st Avenue E. Shakopee, MN 55379 — -- Dear Mayor Reinke: I am sure you have been reading in the newspapers the exciting news about the possibility of a Twin Cities bid for the 1996 Simmer Olympics. Funds have been allocated by the cities of Saint Paul and Minneapolis and the state of Minnesota for the first phase of the project: development of a written bid proposal. While our bid is still in the preliminary stages, we feel that the Olympics is such a massive undertaking that we must keep you informed right from the beginning. To be sure, if the Twin Cities were to be successful in bringing the Olympic Games here, it would take the resources of the entire 10-county metropolitan area as well as many statewide resources to successfully host this event. For your background and information, we have enclosed a summary on the housing, sports venues and economic impact of the Olympic Games, and why we feel the Twin Cities metropolitan area is qualified to the host them. As we progress with the bid process this fall, we intend to hold a series of meetings with key public officials in the metropolitan area to provide a more in-depth discussion of the Olympics and what they mean for our region. In the meantime, if you have any questions, please contact the co-managers of the Olympic Bid Project. In Saint Paul, call Sane Eastwood, 228-3209 and in Minneapolis, call Ken Brunsvold, 348-6058. We hope that early communication on this project will provide a foundation for understanding and analyzing this important undertaking for all of us in the metropolitan area. SS�incerely, Geeorgy[orW'R° utazwly Latimer Don Fraser Mayor Mayor Saint Paul Department of Planning and Economic Development 2283209 Minneapolis Planning Department 348-6058 Minnesota Amateur Sports Commission 2964845 (J I,�.d CC, L1tie/ SUMMARY -- 1996 SUMMER OLYMPIC BID BY TWIN CITIES METROPOLITAN AREA BACKGROUND The amateur and professional sports industries are becoming a major economic development area for many American cities. These cities are building networks within their communities of individuals and organizations to bid on and host major events such as the U.S. Olympic Festival, World Championship and World Cup events and others. Recently, the Twin Cities were successful in attracting the U.S. Olympic Festival, the premier American amateur sports competition, here for 1990. As part of the research on the Olympic Festival, Minneapolis and Saint Paul staff city also investigated other national and international amateur sports competitions that could be attracted here. Our research led us to become interested in the Olympic Games. In March, 1987, the U.S. Olympic Committee invited the Twin Cities, along with 13 other American cities, to attend a seminar on bidding for the 1996 Summer Olympic Games. Shortly after this meeting, Mayors George Latimer and Donald Fraser decided to commission a report on all aspects of bidding on and hosting the 1996 Summer Olympic Games. James E. Moriarty, a sports consultant and former member of the U.S. Olympic Committee Executive Board and an Olympic competitor, was hired to conduct this research. On July 1, Mayors Fraser and Latimer met with Governor Perpich and members of the private sector to examine the final report and to discuss next steps. At that time, the public officials agreed to pursue the first step in making a formal bid for the 1996 Summer Olympic Games. WHY THE OLYMPICS If the Olympics represent the apex of amateur sports competitions, they also represent the ultimate economic, cultural and social benefit to a host city and the region surrounding it. Los Angeles experienced a $3 billion-plus economic benefit from hosting the Games. Toronto, a 1996 bidder, estimates a similar benefit: between $2 billion and $3 billion. In exchange, the Los Angeles Olympic Organizing Committee spent $500 million to host the Games. All of these funds were derived from television rights, national and internation corporate sponsorship and licensing. There were no public funds involved in the hosting of the 1984 Olympic Games. The Games left Los Angeles with a legacy of sports facilities, a reputation for its ability to host an event with skill and savvy, and an increased pride and civic consciousness. For the Twin Cities metropolitan area and for the state of Minnesota, the Games would have a similar impact. The future tourism industry would change because of the international attention the Olympics would draw. The Olympics would also position the host city to attract other national and international sports competitions. SPORTS FACILITIES Los Angeles was successful in its operations of the 1984 Olympics because they used existing sports and housing facilities and had very little capital construction in their budget: about $100 million. By contrast, cities such as Montreal spent up to $1 billion in capital construction, resulting in devastating losses for those host cities. The Twin Cities has a good chance to replicate much of the L.A. model because we already have most of the physical facilities we need in place. Also, the Twin Cities metropolitan area is a strong, business-oriented community with a very successful track record of hosting successful sports and other events. The Twin Cities has more indoor arenas, practice facilities and other sports facilities than most other U.S. city bidding for the Olympics, and our total seating capacity in mid-sized facilities (the Civic Center, Met Center, Williams Arena and proposed NBA arena) are greater than the capacity in either Los Angeles or Seoul (see attachment) . The only major sports facility that the Twin Cities lacks is a large, open-air stadium. This facility requires between 70,000 and 90,000 seats. However, these need not be permanent seats. Toronto is planning a temporary stadium built on the foundation of another facility to be constructed later. It is conceivable to have a stadium that has 30,000 or 40,000 permanent seats with the remainder being temporary seating. Because the Olympic stadium would be used for track and field and soccer, its design could make it inappropriate for either baseball or football, thereby alleviating the concern that it would compete with the Metrodome as the home for our professional sports teams. The consultant's report suggested several sites as possible alternatives for a stadium. One is the State Fairgrounds, which now has 20,000-seat grandstand. Another alternative is the new Blaine soccer and track and field stadium. It is suggested that the Twin Cities conduct a site search for a stadium site if it is successful in its bid for the U.S. designation. The estimated budget for construction of new athletic facilities is $120 million (see attachment) . WHAT ARE THE TWIN CITIES' CHANCES FOR HOSTING THE OLYMPICS Our consultant's report indicates that this is the time to submit a bid for the Olympics for several very strong reasons. First, the Olympics have been hosted in North America every 8 to 12 years for the past two decades ( Mexico City, Los Angeles) . The majority of the income for the Olympic Games is derived from corporate sponsorships (for advertising rights) and television rights, and the U.S. corporations as well as television are the major sources of this income. Therefore, the International Olympic Committee must bring the Olympics back to North America relatively frequently to maintain the support and interest of U.S. television and the American private sector if it is to stay economically viable. The 1996 Olympics will represent a 12-year absence from North America, and many feel that the Olympics will have to return to North America at that time. The Twin Cities metropolitan area is in a strong, competitive position with other U.S. and international competitors. Five to six U.S. cities have indicated interest in bidding for the 1996 Olympics, among them San Francisco and Cleveland. In the international arena, Paris, Brisbane, Australia, Birmingham, England and Toronto have indicated an interest in bidding. However, most of these cities have potential weaknesses that the Twin Cities do not have, especially vulnerability to terrorism, image and poor geographic location for television broadcasting and international flight access. TIMETABLE AND PROCESS FOR BIDDING While the 1996 Olympics may seem like a long way off, the bidding process will soon be set in motion. The first stage is securing the U.S. designation for host city. The city that is selected as the U.S. designate goes on to compete for the international designation. The timetable is as follows: September 15, 1987: Submit written bid document. Finalist cities will be selected sometime after submitting the written bid. Fall, 1987: The U.S. Olympic Committee Executive Board will visit the finalist cities. January, 1988: Finalist cities will make formal presentations to the U.S. Olympic Committee Executive Board and Site Selection Committee. Designation of the U.S, candidate city will occur shortly thereafter. Fall, 1990: Final presentations to the International Olympic Committee and selection of 1996 host city. BUDGET AND COST OF THE OLYMPIC BID The following budget for the first phase of the Olympic bid has been prepared: Phase 1: Prepare written bid book: $45,000 Phase 2: Develop presentation and host USOC Executive Board: 180.000 $225,000 If the Twin Cities are selected as the U.S. host, the campaign for the international designation would be funded principally through private funds. Meetings with members of the private sector are being scheduled now and fundraising will begin shortly. REASONS FOR THE TWIN CITIES TO HOST THE 1996 OLYMPICS 1. The Twin Cities have an excellent chance to secure the U.S. Olympic Committee designation as the American city to host the 1996 Olympics. 2. The economic impact of the summer Olympics is estimated to be over $3 billion. 3. The Twin Cities would be established as a premier center for amateur athletics. 4. Publicity received for entering a bid would be comparable to an expensive national advertising campaign. 5. The Twin Cities, more than any other U.S. city, would be able to follow the example set by the 1984 Los Angeles Olympics. 6. Olympic profits can be used to fund amateur athletics long after the Olympics are over. 7. Visitors to the Twin Cities Olympics would return for family vacations and for business meetings and they would spread the word about Minnesota. 8. Hosting the Olympics would provide an opportunity for our local amateur athletes to be involved in the Olympic Movement. 9. This would be an excellent vehicle for our community volunteerism and civic-minded business leadership. WHY THE TWIN CITIES WOULD, FROM A FINANCIAL STANDPOINT, HOST THE OLYMPICS 1. The majority of the financing of the Olympic Games comes from private sources (commercial television and national corporate sponsorship) . The Twin Cities could follow Los Angeles' successful example of corporate sponsorship. 2. Very little new construction would be required in the Twin Cities. 3. The Twin Cities has a successful record of corporate sponsorship and civic-minded business leaders. REASONS FOR SELECTING A U.S. CITY IN 1996 1. North America is politically and economically stable. 2. Recent history would favor a North American host city in 1996. -- Mexico City 1968 -- Montreal 1976 -- Los Angeles 1984 1996 3. Major corporate sponsors of the International Olympics are located in the United States because television rights and corporate sponsorship are the principle sources of income. 4. The 1984 Los Angeles Olympics were a tremendous success and many feel that a U.S. city is best suited to host a successful 1996 Olympics. REASONS FOR CONSIDERING THE TWIN CITIES TO HOST THE 1996 OLYMPICS 1. The Twin Cities metropolitan area compares favorably with many other U.S. and international cities that are bidding. 2. The Twin Cities have the major sports venues, requiring limited construc- tion of facilities. 3. The Twin Cities metropolitan area is one of the safest in the country. 4. Some major Olympic sponsors have their headquarters in the Twin Cities. 5. The Twin Cities are experienced and competent in hosting major sporting events. 6. Minneapolis has bid on four previous summer Olympic Games. 7. The Twin Cities are geographically easily accessible to all countries in the northern hemisphere. HOUSING 1. The Twin Cities has the required hotel space for all of the Olympic visitors and Olympic staff. 2. Approximately one-half of the housing required for the athletes is available at the University of Minnesota. The additional housing units would be coordinated with anticipated housing development. VENUES 1. The Twin Cities is in a good position with their existing sports facilities. Just one major new facility is needed. No. of Seats % of Seats A. Existing Facilities 191,643 55% B. Planned Facilities 67,000 19% C. Bid Facilities (for 90,000 26% Olympics) ------- --- 348,643 100% 2. For the "Big Eight"* venues, the Twin Cities has all the required seating built or funded. 3. For the "Big Eight-* venues the Twin Cities has 99,143 seats compared to 79,492 (Los Angeles) and 74,700 (Seoul) . That is 19.82% more seating than Los Angeles and 24.15% more than Seoul. 4. The venues are located in closer proximity to each other in the Twin Cities than in Los Angeles. In the Twin Cities the longest distance between venues is 40 miles, with the exception of yachting, which will be held in Duluth. In Los Angeles it was 194 miles (with one event scheduled for the East Coast) . Big Eight venues include: Basketball Boxing Gymnastics Judo Team Handball Volleyball Weightlifting Wrestling SUGGESTED SITES FOR TWIN CITIES OLYMPIC BID SPORT PROPOSED SITE SEATING CODE Archery Ft. Snelling Polo Grounds 10,000 E Athletics Undetermined 70-90,000 C Badminton Macalester College, Fieldhouse 3,500 A Baseball Metro Dome 56,000 A Basketball Hennepin Ave. NBA Facility (1989) 18,000 B Boxing Met Center 16,143 A Canoeing Lake Phalen Open D-E Cycling Blaine 8,000 B-E Diving University of Minnesota, Swim Center 5,000 B Equestrian Canterbury Downs 26,000 A Fencing St. Thomas College, Schoenecker Arena 4,000 A Field Hockey Blaine Stadium 12,000 B Gymnastics Civic Center 17,000 A Judo University of Minnesota 10,000 F (rehabbed Williams Arena) Modern Pentathlon Combination of Venues -- Rowing Lake Phalen Open D-E Shooting Undetermined -- C Soccer Undetermined 90,000 C Swimming Highland Park 10,000 D-E (Normandale Community College) Synchronized Swimming University of Minnesota, Swim Center 5,000 B Table Tennis University of Minnesota 5,000 F (rehabbed Mariucci) Team Handball Coliseum; State Fair Grounds 5,800 A Tennis 98th St. Racquet Club 10,000 A-E Volleyball University of Minnesota 20,000 B (proposed basketball arena) Water Polo Normandale Community College 5,000 B Weightlifting St. Catherine, O'Shaughnessy 4,500 A Auditorium Wrestling Wilkins Auditorium 5,700 A Yachting Duluth Harbor-Lake Superior Open B Demonstration Sports CODE: A Existing Facility B Planned Facility C Bid Facility (to be built for Olympics) D Existing facility to be improved E Temporary Facility (primarily temporary seating) F Existing facility to have major renovations SOURCE: A Report on the Ol"pic Movement and its Potential Impact on the State f Minnesota d the Twin Cities Metropolitan Area; by JEM Sports, James E. Moriarty, June 18, 1987. ECONOMIC IMPACT IN LOS ANGELES 1. Total Economic Impact: $3.29 Billion Primary Impact: $ 766 Million Induced Impact: $ 2.3 Billion 2. Total Employment/Wages Impact $494 Million Paid in Wages Equivalent of 25,000 Jobs for One Year 3. Total Operating Budget/Operating Profit Operating Budget: $640 Million Operating Profit: $215 Million Economic Research Assoc. Report Source: L.A. Olympic Organizing Committee C>. Lleague of minnesota cities July 30 , 1987 TO: Mayors, Managers, and Clerks FROM: Chuck Hazama, President, League of Minnesota Cities Mayor, City of Rochester RE: 1987 Regional Meetings I would like to extend a warm invitation to you to attend one of the League of Minnesota Cities 1987 regional meetings. This year, the League .will conduct 13 regional meetings around the state and I encourage you to attend the meeting in your area. A list of meeting dates and locations is attached for your information. The afternoon session has been dedicated to helping you find the answers you need to pressing municipal problems. We will be prepared to discuss such issues as the naturalization/immigration law changes, water quality permit fees, the Minnesota Pollution Control Agency's new solid waste landfill contingency action plan, the newly created state-wide insurance plan, and many more. The evening session will provide an opportunity for you to review the progress of the League' s policy development process. We will be asking you for your opinions and to vote on how the League should draft its legislative policies on issues of importance to cities. League staff will review such issues as voting equipment, a uniform election day, transportation funding, land use and planning issues, - economic development tools, property taxes and the homestead credit program, local option taxes, and veterans preference. These issue papers will be mailed to you prior to the beginning of the regional meetings to allow you to carefully review them so that you can assess the impact of these policies on your city. Your input is vitally important to the development of the League' s 1988 Legislative Policies and Priorities for Legislative Action. _ Also, come to hear what activities your city can become involved with in celebrating the League' s 75th Anniversary. The celebration of the League's 75 years of service to cities is very important and your city's involvement in these activities will be rewarding, informative, and fun. 1 63 university avenue east.at. paul, minnesota 55101 (612) 227-5600 Mayors, Managers, and Clerks Page 2 July 30, 1987 The League will be inviting all legislators to attend the regional meeting in their district. I hope that you will contact your legislators and let them know which regional meeting you will be attending and encourage them to attend also. The League Board of Directors considers regional meetings to be a major priority for the League. It is the primary way for the League board, staff members, and city officials to maintain contact with other city officials from around the state. So please make your reservation to attend a regional meeting today. To make reservations, please call the city contact person listed on the meeting schedule for the meeting you wish to attend. I hope I will see you at one of the League' s regional meetings. UU, league of minnesota cities REGIONAL MEETING AGENDA AFTERNOON SESSION -- 2:30 - 5:30 PM *(Moorhead and Red Lake Falls 2:15 - 5.45 pm) 1. Roundtable Discussions Officials will be able to discuss items which they feel need to be addressed. Suggested topics are: water quality permit fees, newly created state-wide insurance plan (Chapter 404, Section 89, Laws _ 1987 ) , levy limit restrictions, the solid waste landfill contingency action plan, and the new naturalization and immigration laws. * At the Moorhead and Red Lake Falls meetings, the International Coalition for Land/Water Stewardship in the Red River Basin will present their slide show from 4:15 - 4:45 pm. 2. Legislative Action Session Learn how to lobby effectively and how the League ' s district contacts/legislative coordinators program can benefit you, your city, and the League. EVENING SESSION -- 6:15 - 9:30 PM 1. Dinner 2. Welcome by Host City 3. Remarks from LMC President, Mayor Chuck Hazama, Rochester 4. 75th Anniversary Activities 5. LMC Legislative Policies -- Discussion and Voting 6. League' s Video on "Lobbying Tips for City Officials" 7. General Questions/Answers 8. Doorprize Drawing 1 E33 university avenue east. St. Paul, minnesota E55101 (6121227-5600 L611111 1111 11 11 Ell J1 league of minnesota cities League of Minnesota Cities 1987 Regional Meetings Date Site Location City Contact Persor Tues. , August 25 Nashwauk Nashwauk Recreational Arleen Halliday Complex (218) 885-1210 Wed. , August 26 Menahga Menahga VFW Char West (218 ) 564-4557 Thurs. , August 27 Little Falls Pine Edge Inn Susan Haugen (612) 632-2341 Tues. , Septem er 1 Red Wing St. James Hotel Dean Massett 44 Q (612) 388-6734 Wed. , September 2 Preston Preston Golf and Barbara Hampel Country Club (507) 765-4541 Thurs. , September 3 Owatonna Owatonna Admin. George Kehoe Building, Arts (507) 451-4540 Center Hall Wed. , September 9 Marshall Marshall Inn Tom Meulebrock (507) 537-6760 Thurs. September 10 Sleepy Eye Orchid Inn and Ed Treml Motor Lodge (507 ) 794-3731 Tues. , September 15 Glenwood Minnewaska House David Wencel (612) 634-5433 m. - Wed. , September 16 Mora Mora American Legion Bob Filson or Penny Stay . . (612) 679-1511 Thurs. , .September 17 Albertville St. Albert's Parish Maureen Andrews (612) 497-3384 Tues. , September 29 Red Lake Falls Community Hall Larry Kruse - - (218) 253-2684 Wed. , September 30 Moorhead Heritage-Hjemkomst Laurie Boelz Intrepretive Center (218) 299-5301 1 83 university avenue east, at. paul. minnesota 55101 (6121227-5600 Box 34 A011, Red Meng, lffawu �a 55066 C4 of kv W!Kg August 7, 1987 AUG I o 1911 City Officials CITY OF S,HAKOPEE State of Minnesota z =- Dear City Official: I wish to extend to you a cordial invitation to attend the League of Minnesota Cities' Regional Meeting hosted by the City of Red Wing, Minnesota, on Tuesday,September 1, 1987 at the St. James Hotel. The afternoon program, beginning at 2:30 p.m., will be a roundtable discussion focusing on finding solutions to your local problems. League staff will be prepared to discuss such issues as the newly enacted naturalization and immigration laws, the dramatic rise in water quality permit fees, the solid waste landfill contingency action plan, the newly created state-wide insurance plan, the levy limit restrictions placed on cities by the 1987 legislature, and many more. Please come to discuss any of your city's problems and exchange your valuable ideas. This brainstorming session will help you find the answers you need. From 4:30 - 5:30 p.m. there will be a session how to lobby effectively and how the League's district contacts and coordinators program can benefit you, your city, and the League. We will be serving dinner at 6:30 p.m. and the evening's agenda will focus on legislative issues of importance to municipalities. City officials will be asked for input for the development of the League's 1933 City Policies and Priorities for Legislative Action. League staff will review and discuss issue papers on transportation funding, a uniform election day, economic development tools, the homestead credit program, property taxes, land use and planning issues, and voting equipment. The League's video, "How to Lobby" and the door prize drawing will round out the program. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Dean A. Massett, Council Administrator, by August 28, 1937. Your city will be billed for those who do not va attend and did not cancel their resertions by the aforementioned date. - We look forward to seeing you on September 1, 1987. Ver truly yours y,� anell M. Dyrs ad Mayor Enc. An Equal Opportunity Employer Box34 Red W&g, AfauwZ 55066 C4 of k)ed Wing REGISTRATION FORM WE WILL HAVE CITY OFFICIALS ATTENDING THE REGIONAL MEETING IN RED WING AND AGREE TO PAY FOR THESE MEALS UNLESS RED WING IS NOTIFIED OF ANY CHANGES BY AUGUST 28, 1987. NAMES/TITLES OF PERSONS ATTENDING: PERSON MAKING RESERVATIONS: CITY: PHONE: NUMBER OF ATTENDEES X $ 12.00 = $ Please make checks payable to CITY OF RED WING and return with registration form to: DEAN A. MASSETT, COUNCIL ADMINISTRATOR CITY HALL, BOX 34 RED WING, MINNESOTA 55066 An Equal Opportunity Employer Minnesota Becky36A lso House of District 3fiA Scott and Carver Counties - Representatives Committees: _ _ Education - Fred G Norton, Speaker Health and Human Services,Vice Chair Economic Development and Housing Business Finance Subcommittee, Vice Chair Future and Technology Long Term Health Care Commission AUG1 August 11, 1987 mL`ITY pF�HAKOPEE John Anderson City Administrator 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson: I hope that you have received an invitation from the Scott County Transportation Coalition and the Prior Lake Rotary to attend a meeting on August 27th in Prior Lake. Robert Vanasek, the new Speaker of the House and Len Levine, the new Commissioner of Transportation will be the featured guest speakers. The reason I am writing is to strongly encourage you to attend this particular meeting and to ask you to urge other members of your community to attend. This meeting is an important part of our ongoing lobbying effort. This year has been a very successful one for the Coalition. I believe that for the first time we can confidently say that there will be a new Bloomington Ferry Bridge. Federal funding, along with $2.4 million from the state bonding bill and proceeds from the Scott County admissions tax, assures the construction of that bridge. Also, the Shakopee bypass of Highway 101 and a 169 bridge are still on MN DOT's priority list. I believe that all of this is the result of what can be accomplished when a community really becomes determined to solve a problem--in this case the transportation problems that have plagued our area for many years. Even though this has been a good year for Scott County in transportation funding, it has not been an easy one for transportation state-wide. Commissioner Levine has had the unpleasant task of cutting $96 million in high- way projects in Minnesota. Most of those cuts were made outside of the Metro area. We are very fortunate to have our projects intact at this point. I am convinced that Mr. Levine is under intense political pressure right now as a result of those cuts, and that is part of the reason we felt it was important to have him visit our county at this particular time. It is critical to reinforce the message of community commitment. Replytp: ❑ 329 State Office Building,St.Paul,Minnesota 55155 Difice:(612)296-1072 ❑ 151 S.Shannon Drive,Shakopee,Minnesota 65379 Home:(612)495-6658 August 11, 1987 Page 2 Speaker Vanasek lives in Scott County and I'm sure he will express support for our cause, but there is really no one who can speak to Scott County problems better than our own citizens and community leaders. I would appreciate it if you could find time to attend this meeting. Sincerely, —0-� Becky Kelso State Representative BK/aj rwov —. BILL faENZEL Roo.445 -II TwXD MznIn.MIXNFSmF - B12° ON.RAN 55 31-13 BLOD.IN612-881 FINK) 1338 wuxlNoicx mslc5 81228H6°0 °'° WB `MN` 202-225-2871 Congrea of the Mniteb btateg JDouge of 3tepreantatibeg nazbing an, 38C 20515-2303 RECEIVED AUG 1 3 1987 August 11, 1987 CITY OF SHAKOPEE The Honorable Eldon Reinke Mayor of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Eldon: By this time I assume that you have been contacted by the FEMA representatives regarding your city' s flood damage and the related clean up efforts. I want to offer the services of my Bloomington staff should you need assistance with the FEMA team. I don't anticipate anyone having any problems as I am very impressed with the scope and professionalism of the entire FEMA effort. A member of my Minnesota staff Scott Anderson, has attended planning sessions and is in contact with a representitive of the FEMA team each day. In turn, Scott has kept me up to date as to the ongoing clean up efforts in Minnesota. Please contact Scott at 881-4600 should you have comments or cones. I am hopeful that persons who have been adversely affected by the recent storms will find the efforts of the FEMA team satisfactory. y13ruly Bill Frenzel Member of Congress BF:sa { I �1 WIS STATIONERY FRI IE°OR RWER MME W II RECYCLED FIBERS ';8phako ee CHAMBER OF COMMERCE RECEIVED August 13, 1987 AUG 1 41987 CITY OF SHAKOPEE To the Honorable City Council We the Chamber of Commerce will be moving into our new building Wednesday, August 19th. We have one desk, two cabinets, a couple of chairs and some boxes of brochures and such to move. Z would be extremely happy if the city could see clear to help us get in our building by furnishing manpower and a truck to move said equipment. We have always had excelent cooperation between the city and the Chamber of Commerce that is why Shakopee has become the community it is. Thank you in taking this under concideration. Very, Sincerely Dr. W. Adair Muralt 1801 Trunk Hwy. 101 P.O. Box 203 Shakopee, Minnesota 55379 612-445-1660 League of Women Voters of Shakopee P.O. Box 113, Shakopee. MN 55379 July 26, 1987 AUG 5]897 Dear mayor Reinke, CITYOF SHAKQpUg The League of Women Voters of Shakopee recently completed an in-depth study of the appointment process of citizen hoards and advisory committees. This study was researched and written by members of the Shakopee League. At a meeting on May 21, 1987, through consensus of our membership, the League of Women Voters of Shakopee adopted a position on citizen appointments. The have enclosed a copy of the publication which includes the League research and the position adopted. It is the hope of the League that you will consider our research and findings. We would also like to speak to the City Council to explain our position more fully and answer any questions the Council might have. Sincerely, Glenda Spiotta President 445-6654 cc: Mr. John Anderson THE PROCESS OF APPOINTMENTS TO CITIZEN ADVISORY BOARDS AND COMMITTEES A Study of the Appointment Process used by School District 5720, City of Shakopee and Scott County. 1986-1987 League of Women Voters of Shakopee League of Warren Voters of Shakopee Local Study Committee Glenda Spiotta, Co-Chair Corrine McDonald Gayl Madigan, Co-Chalr Paulette Rislund Anne Tuttle Kate Rader May, 1987 Shakopee, Minnesota TABLE OF CONTENTS PART I . INTRODUCTION Page 1 PART II . SITUATION Page 2 Part A. Method of Study Page 2 Part B. Definition and Scope Page 3 Part C. Historical Development Page 4 Part D. Findings Page 5 Section 1 . General Page 5 Section 2. School District, City, County Page 6 Section 3. Written Appointment Policy and Process Page B PART III .PROBLEMS AND THEIR IWLICATIONS Page 9 PART IV. ALTERNATIVES Page 11 PART V. CONCLUSIONS Page 14 PART VI. POSITION Page 15 PART VII .APPENDIX Page 16 PART VIII .BIBLIOGRAPHY Page 20 Page 1 PART I . INTRODUCTION In April 1986, the League of Women Voters of Shakopee (LWV) adopted as Its local program a study to evaluate the process used by local units of government to make citizen appointments to the boards and committees which serve them. The governmental units Involved in this study are: School District #720, the City of Shakopee, and Scott County. The LWV's Interest in this Issue was a result of observations made through the League's Observer Program from 1978 to 1986. During this time the League regularly attended official meetings of the School District 1720, Shakopee City Council, and from time to time, the Scott County Board of Commissioners. The appointment process used by the Shakopee City Council was monitored several times during this period. When approaching the Idea of a study of the City of Shakopee's appointment process, the Leaguers belief that citizens need to be involved In public policy determinations at all levels of government became the basis for our decision to Include the School District and Scott County in this study. The LWV of Shakopee has never studied this Issue and therefore does not have a position. Basic principles of the League however are ". . .that democratic government depends upon the Informed and active participation of Its citizens and requires that governmental bodies protect the citizen's right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible." (1). Further, the LWVUS has adopted a position supporting "actions to protect the citizen's right to know and to facilitate participation In government decision making". (2) Particular concerns of the League were (1) the openness of the process, 2) the Increasing use of non-elected boards and committees to which citizens are appointed, and 3) the Information available to the public about which boards and committees exist and their functions. This study by the LWV of Shakopee reviews the process currently being used by local units of government to nominate and appoint citizens to boards and committees, and how the public Is made aware of openings for appointed positions. Spec lflc areas of concern are addressed with emphasis placed on the Implications those concerns may have on local units of government and on the general public. With this study, the LWV of Shakopee expects to Identify alternative methods currently being used by other governmental units and to make suggestions for change. it is the League's hope that any changes made In the process resulting from this study wll l-mean Increased opportunities for citizen Involvement in our governmental system. Finally, the LWV of Shakopee would like to emphasize that without the complete cooperation of the elected officials and staff of the School District 1720, the City of Shakopee and Scott County, this report would not be possible. (1 ) Program for Action, 1985 - 1987, Page 2 (2) Program for Action, 1985 - 1987, Page 20 Page 2 PART 11 . SITUATION A. Method of Study: The LWV Study Committee Interviewed and surveyed numerous Individuals to obtain Information and perspective on the current process used by local units of government to appoint citizens to boards and committees. Interviews were conducted with the follow Ing local officials: Shakopee School District #720 Dr. Gayden Carruth, Superintendent Ms. Joan Lynch, Chairperson, Board of Eduction City of Shakopee Mr. John K. Anderson, City Administrator Ms. Judy Cox, City Clerk Eldon Reinke, Mayor - Scott County Mr. Joseph F. Ries, County Administrator Mr. Mark Stromwall, County Commissioner Mr. Richard E. Mertz, County Commissioner Officials Interviewed pointed out both strengths and weaknesses of the appointment process used by their respective units of government. All were Interested In suggestions for positive change. Questionnaires were sent to the School District, City and County requesting Information that would Identify all the boards and committees which serve these units of government. Questions concerning function of the board, requirements for appointment, rate of compensation and budgetary powers were asked. All the units of government Involved devoted a great deal of time to compile this information for League purposes. In addition, responses from the comparable questionnaires were also received from four counties, three cities and two school districts in Minnesota for purposes of review and comparision. Determination for Inclusion In the survey was based on comparable population figures and proximity to Shakopee. The LWV study committee also surveyed approximately 90 board and committee members in order to obtain Input from those citizens who have experienced the appointment process. Board and committee members were sent surveys on a random selection approach, based on length of service to the school district, city or county. Twenty-nine percent (29 %) of the surveys were returned. Page 3 B. Definitions and Scope, Within the units of government studied by the League, there exists numerous appointed bodies with differing functions, powers, responsibilities and titles. The majority of these bodies are Identified as either boards or committees, others are known as commissions, councils, authorities or task forces. All titles refer to some form of citizen advisory board or committee. Appointed bodies can be categorized Into two groups: Ind{ilendent boards and committees and advlsory boards and committees. Most Independent boards and committees are established by statute and frequently have - significant powers to make binding decisions. Advisory boards and committees are not empowered to take such actions as setting policy or making administrative decisions. They serve In an advisory capacity to the governing policy—making body. A decision of an advisory board or committee takes effect when It has been formally adopted by the governing body. Advisory boards or committees may be ad hoc groups which are established for a special purpose and which cease to exist when that purpose Is fulIf it led. Boards and committees are relatively easy to create and may be authorized by federal law, state statute, city charters, or State Departmental rulings, ( i.e. Department of Education). Committees may be created by any publicly elected body. The boards and committees addressed In this study are made up of citizen representatives, have their membership appointed by elected officials, having at least one appointed citizen member. Boards and committees consisting solely of public officials, salaried public employees or groups made up entirely of members who serve because of the office they hold are not part of this study. This study does not deal with appointments to fill vacancies in elected positions nor with the Issue of elective versus appointive positions. These issues are Important, but will not be addressed in this study. In addition, It is not the intent of this study to question the quality of appointees nor whether certain boards or committees should exist. THE 7 SCOTTLAND COMPANIES August 18, 1987 Mayor Reinke and City Councilmembers City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: Proposed Licensing Ordinance Dear Mayor and Councilmembers, I have been out of town until yesterday so I have just had an opportunity to review the proposed licensing ordinance. Set forth hereinafter are some suggested changes which hopefully will clarify and make more workable the provisions of the ordinance. The suggested deletions are shown as strikes and the suggested substitute language is shown with underlinings: Section I: Definitions e° 3 . "Outdoor Performance Center" is any outdoor premises in or on which as its primary activity shows, theatrical performances, concerts, exhibits or events are performed or put on from a stage or similar location for viewing by more than 1,000 patrons at any one time and for which an admission charge is made solely for that activity. Rationale: Without this language, the ordinance would apply to activities at Valley Fair, Canterbury Downs, Auto Racetrack and Murphy's Landing which I do not believe was your intent. Section II: License Required No person shall-coast; et, operate or maintain . . . Rationale: Since anyone must first obtain a conditional use permit or in the case of a permitted use, no one would build a facility without obtaining a license, there is no reason to have the word "construct" in the ordinance. Section IV: Application Fee Any application fee should be designed to reimburse the City for its cost of review of the license application, similar to the fees charged for other uses such as: P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 (612)445-3242 beer license $ 5.00 wine license $ 330.00 variance $ 100.00 conditional use permit $ 150.00 rezoning $ 250.00. Section V: Bond or Liability Insurance Required The bond amount or insurance amount should be reasonably related to that charged similar facilities such as the Auto Racetrack, Murphy's Landing or Valley Fair. For example, the City requires the following: vo Beer - Bond: $ 3,000.00 ,o Insurance: $50,000. 00 per person, $100,00 per incident for loss of means of support; liability, $50, 000 per person, $100, 000 per incident; $10,000 property damage Liquor: Bond: $ 3,000.00 Insurance: Same as above for beer. Section VI: Special conditions 1. Prior to the granting of any license, the licensee must m supply the City with a list and a description of its o �¢ upcoming bookings and; if the bookings come in after the application, this information must be supplied to the council within 20 days of the booking and in any event prior to 7 days before the event. Rationale: At least once a year a performer or performing group must cancel a scheduled show or the operator of the facility wishes to cancel the group, and replace the group. Moreover, because of a change in performance routings or late decision of a performing group to perform in Minnesota, a group may be available to perform on short notice. We would like to be able to still book such a group in such a case and provide notice thereof to the City. Page 2 Section VII: Licensee The fee should be designed to reimburse the City for its special and extraordinary costs in monitoring the facility. The costs of on site and off site security will be paid by the owner. The owner will already be paying substantial real estate taxes and wine and beer license fees and pursuant to a special state statute, the possibility of an admission tax. As an example of fees, the City charges the following: Beer $ 312.00 Wine $ 2,000.00. Section VIII: Expiration Of License We believe that the expiration date for the license should be on November let each year so that the licensee can apply for next year's license in the fall andbelicensed then so - - the licensee can thereafter plan its business activities for the following summer accordingly. Summary Although we do not believe that a licensing ordinance is necessary, we thank you for this opportunity to comment upon the licensing ordinance. Very truly yours, 6 V) a Bruce D. Malkerson Executive Vice President and General Counsel The Scottland Companies BDM:jhl cc: John Anderson Julius Coller Dennis Kraft Doug Wise Ken Ashfield - Page 3 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Outdoor Performance Center License Ordinance DATE: August 14, 1987 Introduction• Attached please find an ordinance which provides provisions for the licensing of outdoor performance centers. Background- At the City Council meeting of August 4, 1987 the Council requested the preparation of an ordinance which would provide for the licensing of outdoor performance centers. The Council motion was specifically intended to regulate those facilities which served more than 1,000 persons at any one time. Alternatives: 1. Adopt Ordinance #230. 2. Do not adopt ordinance #230. Staff Recommendation: It is recommended that if the City Council wants to enact a licensing ordinance to control the activities of outdoor performance centers that the Council adopt Ordinance #230. Action Requested: Move to adopt (or deny) ordinance #230 which provides for the licensing of outdoor performance centers. ORDINANCE f 230 Fourth Series An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 6 Entitled 'Other Business Regulations And Licensing" By Adding a New Section 6.42B Providing for the Licensing of Outdoor Performance Centers and By Adopting By Reference Shakopee City Code Chapter 1 and Adopting By Reference Section 6.99, Which Among Other Things Contain Penalty Provisions THE CITY COUNCIL OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: Definitions 1. For the purpose of this ordinance the following terms, phrases, words and their derivations shall have themeaninggiven herein. When not inconsistent with the context, words used in the present tense include the future; words in plural number include singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2. The "City" is the City of Shakopee, Minnesota. 3. 'Outdoor Performance Center" is any outdoor premises in or on which shows, theatrical performances, concerts, exhibits or events are performed or put on from a stage or similar location for viewing by patrons and for which an admission charge is made. 4. "Licensee" is a person having a license issued by the City in full force and effect issued hereunder. 5. "Person" is any person, firm, partnership, association, corporation or organ- ization of any kind, either inthe singular or plural. SECTION II: License Required No person shall construct, operate or maintain an outdoor performance center within the City without first having obtained a license as hereinafter provided, from - the City. - -. SECTION III: Application Procedure 1. Applications for licenses issued hereunder shall be made in writing and in duplicate and shall state: A. Name, home address and proposed business address of the applicant. B. (1) Number of automobiles or other vehicles which the facility is designed to accommodate (2) The number of persons the facility is designed to accommodate. C. The hours of operation of the facility. D. The number of employess and attendants to be employed E. Such other information as the City shall find reasonably necessary to effectuate the purposes of this ordinance and to arrive at a fair determination of whether the terms of the ordinance have been complied with. F. The application hereunder shall be accompanied by a plat or drawing of the facility which plat or drawing shall show the following: (1) Location, size and capacity (2) Location and size of entrances and exits (3) Parking plan and and type of ground surfacing (4) Location, size and construction of all proposed structures (5) Location, size and design of all signs, marquees and billboards (6) Location, size and construction of all walls, fences and barriers surrounding the premises (7) Location and description of all artificial lighting to be used onthe premises. (8) Location and description of all drives connected to public highways (9) Plan of traffic control and number and description of persons used in controlling traffic, all of which must receive the written approval of the City's Chief of Police. (10) Certificate of approval in writing from the Fire Chief of the City as to fire lanes and other public safeguards SECLION IV: Application Fee An application hereunder shall be accompanied by an application fee of $ to be paid and is not refundable. SECTION V: Bond or Liability Insurance Required Every application for a license hereunder shall be accompanied by a bond, approved as to form by the City Attorney and then approved by the City Council, executed by a bonding or surety company authorized to do business in the State of Minnesota in the penal sum of $ conditioned upon the payment by the licensee of any and all final judgments for injuries or damages resulting to persons or property arising out of the operation or maintenance of the facility. Such bond shall run to the City of Shakopee for the benefit of any person who may receive injuries and for the benefit of any person who may claim redress for property damages resulting from the operation or maintenance of such facility. Such bond shall remain in full force and effect for the full period of the time for which the license is effective. A liability insurance policy issued by an insurance company authorized to do business inthe State of Minnesota conforming to the requirements of this section may be permitted in lieu of the bond, but before becoming effective, must be approved as to form by the City Attorney and by the Council. SECTION VI: Special Conditions 1. Prior to the granting of any license, the licensee must supply the City with a list and a description of its upcoming bookings and, if the bookings come in after the application, this information must be supplied to the council sixty (60) days prior to the date of the engagement. 2—Performance standards as to noise emitting from and on the facility must be measured according to PCA standards of sound level and the measurement must prove con- formance at the property line of the facility and at the property line of the nearest residence or residences, and under no circumstances, may the sound level exceed the PCA standards as they are set from time to time. SECTION VII: Licensee Whenever the City Council has authorized the issuance of a license under the provisions of thisordinance, such license shall be issued upon the payment by the applicant to the City of a fee of $ for a period from the payment to expiration. SECTION VIII: Expiration of License All licenses issued under this ordinance shall expire on the first day of March next following the issuance thereof. SECTION IX: Revocation The City Council shall have the authority to revoke or suspend the license issued hereunder when it finds: 1. That the licensee is operating in violation of this ordinace or any other governing law, ordinance, rule or regulation 2. That the licensee is operating so as to constitute a nuisance by reason of immoral activity on the premises or for any other reason constituting a nuisance 3. That the premises are used as a campground, place of residence or other occupancy after the usual closing hours of any entertainment on the facility SECTION X: Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 6.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION XI: When in Force and Effect After the adoption, signing and attestation of this ordinance, it shall be 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 1987. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 14th day of August, 1987 City Attorney Dqj CITIZENS 1ATE BANK © OF SHAKOPEE ( o&1111� 1100 EAST 4th AVENUE SHAKOPEE, MINNESOTA 55379 TEL.: (612)445-8200 August 7, 1987 John K. Anderson, City Administrator City of Shakopee 129 E. 1st Avenue Shakopee, Mn. 55379 Dear Mr. Anderson: This letter is written as arequest to amend the Lease Agreement entered in to on the 21st of April, 1987 by the City of Shakopee as the "lessor" and Shakopee Chamber of Commerce as tenants. This request is being made by the 1st National Bank of Shakopee and Citizens State Bank of Shakopee as lenders on the building . now under construction on the site. It is important from a documentation standpoint that the banks be able to take an assignment of lease so that in the unlikely case of default by the borrowers, the banks are able to maintain the lease until the proper disposition of the building be made. We are therefore requesting that the City amend section 12.1 (copy attached) to specifically allow the assignment of the lease to the lenders for the sole purpose of obtaining a loan to build the facility. We wish no other changes in the lease particularly as it pertains to allowable uses detailed in section 4. 1. (copy attached) . Because of the timing of the request and the progress that has been made on the building itself, we would appreciate your poll- ing the individual council members regarding this request so that we may continue with the loan processing as quickly as possible. Thank you for your consideration in this matter. Sinee�ely yours, - .- _ CITb2/ENS STATE NK OF SHAKOPEE - Action Requested ames A. Weeks Offer Resolution No. 2781, A Chief Operating Officer Resolution Authorizing the Amendment -- Enc. of the Lease Agreement of April 21, 1987 between the City of Shakopee and the Shakopee Chamber of Commerce, and move -- - its adoption. -- RESOLUTION N0. 2781 Resolution Authorizing the Amendment of the Lease Agreement of April 21, 1987 between the City of Shakopee and the Shakopee Chamber of Commerce WHEREAS, Article XII of that certain Lease Agreement of April 21, 1987 between the City of Shakopee and the Shakopee Chamber of Commerce prohibits the Assignment subletting or mortgaging of the leasehold interest by the Shakopee Chamber of Commerce referred to in said lease as tenant unless prior written consent is given by the City referred to in the lease as Lessor, and WHEREAS, In order to facilitate the borrowing of necessary construction funds by the tenant request has been made of the City lessor by the tenant to modify Section 12.1 of Article XII to permit mortgaging by the tenant of the facility referred to in said lease agreement in order to obtain a loan to build said facility, and WHEREAS, said requests for the limited purpose above described only seems fitting and proper and in order. THEREFORE, BE IT RESOLVED, By the Shakopee City Council that said Section 12.1 of Article XII be and hereby is modified and amended by adding thereto at the end of said section the following amendatory provision, to-wit: "Nothing berein,however, shall prevent the tenant from mortgaging or otherwise hypothecating said facility for the sole purpose of obtaining a loan or loans to build said facility." BE IT FURTHER RESOLVED, That the proper City officials are hereby authorized - - and directed to do all things necessary and proper to carry out the terms, purposes and conditions of this resolution. Passed in session of the Shakopee City Council this day of 1987. ATTEST: Mayor of the City of Shakopee City Clerk - Prepared and approved as to form this 13th day of August, 1987. AGREEMENT MODIFYING THE TERMS OF THAT CERTAIN AGREEMENT OF APRIL 21, 1987 BETWEEN THE CITY OF SHAKOPEE AND THE SHAKOPEE CHAMBER OF COMMERCE WHEREAS, Article XII of that certain lease agreement of April 21, 1987 between the City of Shakopee and the Shakopee Chamber of Commerce prohibits the assignment, subletting or mortgaging of the lease hold interest described in said agreement by the Shakopee Chamber of Commerce referred to in said lease as tenant unless prior written consent was given by the City of Shakopee, and WHEREAS, in order to facilitate the borrowing of necessary construction funds by the said tenant,the tenant has requested that the City modify Section 12.1 of Article XII of said agreement to permit the mortgaging by the tenant of the facility in order to obtain a loan to build said facility, and WHEREAS, the request has been considered and found to be proper and in order. NOW, THEREFORE, THIS Agreement made and entered into this - /07day of August, 1987, by and between the Shakopee City Council in behalf of the City and the Shakopee Chamber of Commerce as follows: IT IS MUTUALLY AGREED, that Section 12.1 of Article XII be modified and amended by adding thereto at the end of said section the following amendatory provision, to-wit: "Nothing herein shall prevent the tenant from mortgaging or otherwise hypothecating said facility for the sole purpose of obtaining a loan or loans to build said facility." IN TESTIMONY WHEREOF, the said parties hereto have caused this agreement to be entered into as of the date above written and by authority of the Shakopee City Council and the Board of Directors of the Shakopee Chamber of Commerce. CITY OF SHAKOPEE By Eldon Reinke, Mayor By John K. Anderson, City Administrator By Judith S. Cox, City Clerk _ - SHAKOPEE CHAMBER OF COMMERCE Ey Its President Ey Its Secretary This instrument was drafted as to form by Julius A. Culler, II Shakopee City Attorney 211 West First Avenue Shakopee, Minnesota 55379 ----- diligence within thirty (30) days the time within which Tenant is - to cure the same shall—be extended- for said -period as. may -. — ---- necessary to complete the same with all due diligence) , the Lessor, at its option, may terminate this Lease and upon such - -- - termination the Tenant shall quit and surrender the Demised Premises to the Lessor, but the tenant shall remain liable as hereinafter provided. 11.3 The specified remedies to which the Lessor may resort under the terms of this Lease are accumulative and are not --- intended to be exclusive of any other remedies or means of -- -- redress to which the Lessor may be lawfully entitled in case of a breach or threatened breach by the Tenant of any provisions of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the . violation, or attempted or threatened - -- - violation, of any of the covenants, conditions or provisions of this Lease. ARTICLE XII. - ASSIGNNt-..NT - -- 12.1 The Tenant shall not assign this Lease, either in whole --- -- - or in part, nor sublet or mortgage the leasehold interest of Tenant or any part or parts thereof, without prior written consent of the Lessor, which consent will be given, if at all, only to an assignment of this Lease to a nor.-profit ccrporation or entity. This condition shall not prevent the Tenant from leasing space within the Demised Premises on an hot=ly or similar basis for purposes connected with the use of the Demised Premises ---- - as a Chamber Office, Convention Bureau and Tourist Information Center. ARTICLE DTII. -- - - - - SIGNS 13.1 Tenant may erect such signs as it may deem desirable, -_-- as long as .said signs do not violate the laws of the municipality in which the Demised Premises is situated. (7) 1,2 -Tenant shill have and hold the Demised Premises, and -� all improvements now or hereafte_ constructed thereon as they ' - -- ,- f- -the- date hereof, without. any shall beliability or- . ------- as _ s--Aobligation on the part o. Lessor to make any alterations, improvements or repairs of any -kind on or about said Demised - premises for the term of the within Lease. Tenant agrees to remises and all parts thereof in good and maintain the Demised P sufficient state of repair. ARTICLE II. TEM 2.1 The term of this Lease shall commence on the- 1st day of Ma 1987 and shall continue thereafter through and inclusive to 12:00 o' clock noon on the 30th day of sav 2037, unless sooner terminated as herein set fourth. ARTICLE III. RENTAL 3.1 In consideration of the leasing, aforesaid, and provided said use- as set forth in Article IV. continues, Tenant agrees to pay to Lessor at Shakopee City Hall, total rental in the sum and amount of One and no/100 Dollars($l-00) . ARTTICLE IV. Dc- 4.1 The Demised Premises shall be used for purposes of a ^~ chamber Office, Convention Bureau and Tourist Information Center - and such other and similar uses and for such activities as may be lawfully carried on, in and about the Demised Premises. Tenant --- - shall not use or occupy the Demised Premises or knowingly pe--mit the Demised Premises to be used or occupied contrary to any statute, rule, ordinance,- requirement or regulation applicable thereto, or in any manner which would substantially diminish the value or usefulness of the Demised Premises or any part thereof. ARTICLE V. . INSURANCE 5.1 The Tenant shall, at the Tenant's sole cost and - "" expense, keep all buildings or structures erected- upon the Demised Premises, and fixtures therein, equivalent to the full replacement value thereof against (a) loss or damage by fire and tb) . such other risks, of a similar or dissimilar nature, as are or shall be customarily covered._. with respect to buildings or - structures similar in construction, general .location, use and (2) TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Umbrella Insurance Policy (Informational) DATE: August 14, 1987 Introduction Council requested input from our insuranceconsultantregarding obtaining an umbrella insurance policy. The consultant the City used previously (Tange) is out of business. I talked to Mark Flatten of American Risk Services who has taken over some of the accounts that Tange had. His advice was the same as has already been provided Council by the League, Capesius and Rod Kress. It is up to Council's decision as to the moral obligation to provide more compensation than the basic policy would provide, the risk that the immunity limits would be overturned by the courts and the cost of the policy whether or not the City should have an umbrella policy. Mr. Flatten felt unable to be any more specific than that without having a more thorough knowledge of the operations of the City. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Umbrella Insurance Policy DATE: June 26, 1987 Introduction Council cancelled the umbrella insurance policy effective 6/30/87, and directed that Rod Kress, Lee Herman and I meet to review the pros and cons of an umbrella policy. Rod, Lee and I met 6/26/87 to review the key pros and cons. Background Attached is an article from the League of Cities magazine of June 1985. Please read the article. The information is still accurate. Pros The League insures about 725 out of about 835 Minnesota cities and reported that about 200 had umbrella policies. There is a slow trend toward more cities acquiring an umbrella and the cities without tend to be the smaller cities. Lee said that the League had told him that many cities can not get an umbrella policy other than the League's because this is currently a hot area for litigation and other companies do not want to get involved. Rod Kress -reported during the meeting that he is not aware of any cases where the immunity limits had been struck down. However, there have been some cases where similar issues were not upheld such as striking down the notice of lawsuit that a plaintiff used to have to serve on a city within 30 or 90 days. Rod also felt that there may be a constitutionality issue - see the League article. All the information reviewed supported getting an umbrella policy except for one important item. The cost of the policy is now at $37,379. Con The prime reason for not getting an umbrella policy is the cost. The 1987 budget does not contain the estimated $20,000 for an umbrella policy. I have received the premium split between the City and SPUC from Capesius.. Although the premium for the insurance package without the umbrella- did not change a great deal, because of the new policy form the premium split between the City and SPUC for liability changed substantially. See attached splits for this year - and last year. City cost went up by $21,700 and SPUC went down by $16,200. One way to look and the cost and the issue that SPUC desires the umbrella is that for $8,639 more than its -total insurance bill for the package last year, SPDC could fund the umbrella also. The City did not budget for the umbrella policy. The general liability went up $21,709 and the umbrella wouldadd $27,660 on top of that for a total of almost $50,000 that is not planned for in the 1987 budget. The League magazine received 6/30 contained a note that the immunity limits in Pennsylvania were upheld in state supreme court and the federal supreme court refused to hear an appeal. The appeal was based on the Equal Protection Clause of the 14th Amendment. - We have had about 18 claims involving the general liability policy in the past three years and I or the Capesius Agency do not recall that the umbrella policy has made any claim payments. However, there are several open claims such as the two water tower deaths, Margaret Hass pedestrian injury and the recent SPUC traffic accident. One particular note is the last paragraph of the League article and Rod Kress made the point also, that the minutes should clearly reflect the discussion and the reasons for the decision that Council makes concerning the umbrella policy. The minutes for 6/22/87 do not document much discussion or consideration. Action Reauested Discuss the issue and have the minutes clearly reflect the discussion, the careful consideration given to the issue, and the reasons for the decision reached. A. If the decision is to not purchase an umbrella liability policy (reaffirm the decision of 6/22/87) , a suggested motion is; Move that, after careful consideration of various factors including liability limits and statutory immunity, possible unconstitutionality of said immunity, moral obligation, broadened coverage, legal defense provided, the cost of the policy, and that the purchase of an umbrella liability policy is a discretionary act, that the City Council exercise its discretion and judgement and not purchase the umbrella policy due to the high cost. B. If the decision is to purchase an umbrella liability policy (reverse the decision of 6/22/87) , a suggested motion is; Move that, after careful consideration of various factors including liability limits and statutory immunity, possible unconstitutionality of said immunity, moral obligation, broadened coverage, legal defense provided, the cost of the policy, and that the purchase of an umbrella liability policy is a discretionary act, that the City Council exercise its discretion and judgement and purchase the umbrella policy. Did you know? CE I VE D Peter Tritz D 1981 Is umbrella liability coverage"still worth buying? With multifold increases in the quoted would do so again if the limits were statutory municipal tort fiability limits. price on umbrella coverage many cities overruled. If so, the city would have The state has repealed the dram shop are again considering whether the extra time to procure additional coverage. liability limits, so that this source of expense is worth the cost. See Neiting v.Biondell,306 Minn. 122, potential liability is now unlimited. The statutes generally knit a city's 235 N.W. 2d 597 (1975); Spanel v. The tmderlying coverage liability to $200,000 per claimant and Mounds View School District No. 261, not be sufficient to 5600,000 per occurrence. If a city 264 Minn. may 279, 118 N.W. 2d 795 Y purchases coverage lin excess of these (1962); and Record v. Metropolitan cover the city's full liability limits, it waives the limits to the extent Transit Commission, 284, N.W. 2d under the statute of the coverage it purchases. See gen- 542, at 548. (1979). Liability policies sometimes contain, erally Chi 466 of the statutes. Here Limits may not cover some in addition to a per-person and per- are, nevertheless, some reasons why a. of occurrence limit, an "annual 29gre- city may wish to consider purchasing typesliability gate" limit; that is. a limit on the total coverage in excess of the statutory The limits would probably not cover amount the policy will cover in a year's limits. contractually assumed liability. An time. The annual aggregate limit may -- Possible unconstitutionality example would be liability arising out of apply to the total policy, or may be of the statutory limits an indemnification clause in a contract. limited to specified coverages under rY Pollution liability limits are twice as the policy. The problem with an=net The liability limits could be chal- high as the ordinary limits, M.S. aggregate lima is that if the city pays lenged on constitutional grounds, as 466.04, Subdivision 1(c). However one claim, it may not have sufficient denying equal protection for example. most umbrella policies, like basic poh- coverage left to cover the full extent of The city should be aware that the limits .cies, now exclude pollution coverage. its statutory liability. Excess coverage may not hold up in coun. Note that it Another possible exception to the could pick up the slack here. is conceivable that the court could hold lints might be liali ity arising order It is sometimes possible to negotiate the -per-person limit unconstitutional the federal civil rights laws. See for an endorsement guaranteeing the while letting the per-occurrence limit Thompson V. Village of Holes Corners, city the right to "reinstate the limits" stand, or vice versa. 340 N.W. 2d 704 (Wis. 1983). It is for a specified additional Premium; in iOn the other hand, in the cases questionable whether a state statute other words, the city would be able to where the courts abolished sovereign can limit liability a federal statute cre- buy back the used up portion of the immunity for cities and the state, they ates. annual aggregate limit. This provides did so prospectively. There would ' Finally, liability under the dram shop an alternative for dealing with the seem to be a very good chance they law (M.S. 340.95) is not order the annual aggregate problem, rather than through buving excess coverage. Dram shop insurance policies quite COUNT 1 commonly annual aggregate limit. It is also lso very c common in general liability policies to attach an annual aggregate limit to the "products habil- Fund Accounting Software to meet the ity" portion of the coverage. needs of small to medium sized cities. Of course, in considering any of these reasons for excess coverage, it - Meets GAAFR requirements. --. is important to make surethat the -- General ledger - - - proposed umbrella policy actually does - Fund accounting cover the area in question. Umbrella - Manages vendor payments and records policies are not all alike; a particular - Integrated transactions umbrella policy might exclude some or 8 all of these areas of liability. - Budget control and financial reporting - -- Easy to use Moral obligation _ QOM ����� UOVl1�1LJ The point here is simply that city h might wish to have sufficient insurance coverage available to adequately reun- 1000 Pillsbury Center, Mpls.. MN 55402 burse Persons injured by the city, even Marte Sheeran (612)343-t Onn _ Minneeom Chin 26 if in( liability limits do not require it. Clt111% if a Ing, nundier of Ix•ople - - .r'. mjun I i surgir arridrnl. $6000W may not go very far in com- pensating om ptnsaling for their injuries. L. i .. Higher limits may make a _ r er i. M challenge less likely- — — — -"- - Statutory Lability limits will only be challenged if a person's (claimed) inju- ries exceed the limits. Purchasing excess coverage in effect raises the HeavyDigging d Aa limits, making it correspondingly less �g W likely that the question of the lin its' validity will arise. Also, if the statutory Fine F i n i s h i n g FCo i i ■ limits were challenged in tottR,it might �r be easier to convince the court to she Some Machine uphold a statute limiting the city's liability to the limits of a large insurance ng policy, compared to trying to convince Put a Hydroscopic took i pi la a judge to uphold the statutory boom excavator to work et place 1 g if - of a backhoe and lie,Il gee e $600,000 lirtdt. On the other hand, if p-`� '�>'r-- important advantage because the most cities carry insurance well above1 Hydroscopic handles production the limits, the owns or Legislature cRli' 1 digging jobs that a backhoe can . may reason that eliminating the limitsand does precision finishing will not significantly damage cities i work that a backhoe can't financially. \) From the responsive Model 300 Z -- Broadened coverage "� (lWb ez 6 of themassnve fmtM het of ...- Umbrella policies often provide crawler-type Hvdr Stxmics is en, e, free from some or gineered to work long and hard broader Covera - g on digging,grading.loading and all of the exclusions of a primary liabflity lifting maks of all kinds.And to policy. In other words, an umbrella enhance the built-in versatility of- policy might cover a type of liability their telescopic booms;all models... which the primary polity does not 30C 46C 666 JSK are available with a wide variety cover. (Typically, when there is no Capadcv gid, of easily-changed working tools. : underlyin coverage, a$10,000 deduct- Don't buy a crawler-Type back. - 9peach 25b'• 274" 29.8•' 33.4" hoe up to lydl without investi- ible is incorporated in the umbrellach 137 16•6' 22T 126W gatin g the track-mounted Hydra - policy.) Here again it is important to ;nrscope 9ro• to'o' u•o- n'W*' Scopic excavarms.Cpnmet your examine the actual proposed umbrella IXsehc 32.n6O 3].435 42.300 49,865 dealer or call its for information, policy because of the variation among Av h„p.n,.R a.,­, ([vote:Also available in high, policies. - incline rise bucks,mNa.,..,2h,.24-rt k way carrier and 4x4 tough ter. Ultimately, of course, the question "i1indafu0lud""k' rain configurations.) of what limits to buy is a policy ques- The Badger Line: tion. The council must determine whether the benefit of additional tov- Hydroscopic(tinier):4 models of Hydroscopic(Crawler}.4 trodch erage is worth the cost. Regardless of rvbnnR;erd.celescopne-boom oicawmr: o!track.maunad,rde:cop�ng-brain the decision, the council should make - ho y;vd!.o tri ..a.acors from 9rd?ro I,&opsin. sure that the minutes ancity other ci council clearly reflect the fact that counegmembers carefully considered the question and their reasons for Hydro-Cruiser:3 models d Badger. 4 modes of 4x4, reaching the decision9x4 rel they did. Such a e4copirig-boom roaeh*25 r r.r.50 from record will matte it dear that the deci- iv&t. 11 dO1" li rw,ro So ron Kid)co lid? mparny, . Sinn was an exercise of the hound's cawnn. HOPTO: 5 modcb of discretion and judgment, which is sig- ark-mound backhoes nificant because both the statutes and ft. Ivd?ro 5vd!mp.t.rv. court cases provide for immunity from tTVk _ liability for discretionary acts. A dear and complete record of the decision will be useful in defending against a possible -- suit based on a claim that the council was negligent in not purchasing adeIA VACMC4%nx"mnjCo=anV - quate coverage. ■ -- ''e , - June 1985 - - spesins Agency, Inc YOUR INDEPENDENT INSURANCE AGENTS - -P.O. Box 97, First National Bank 31dg.,-Shakopee,-MN 55379 Tel. (812)445-1922 CITY OF SHAKOPEE s SHAKOPEE PUBLIC UTILITIES COMMISSION SHAKOPEE, MINNESOTA INSURANCE COVERAGE PREMIUM BREAK DOWN 6-30-87/88 POLICY CITY SPUC TOTAL LMCIT Commercial Package MP824008R-7 - Property 11,300 15,475 26,775 Inland Marine 4,533 87 4,620 Crime 113 157 270 General Liability New Claims-Made Rating Basis 47,485 20,188 67,673 Automobile BA 528384-7 28,746 4,898 33,644 HARTFORD STEAM BOILER MN-8330662-07 1,882 4,841 6,723 TRANSAMERICA 53641162 ' Public Employees Bond s Depositors Forgery 393.50 393.50 787 INTERNATIONAL SURPLUS LINES 524-062342-8 - Public Officials b Employees 3,492.00 1,880.00 5,372.00_. __ Liability + 104.75 + 56.41 + 161.60 TOTAL $98,049.25 $47,975.91 $146,025.16 unb.c�/A �w..!ct b) x7' a7,2oc pesius Agency, Inc YOUR INDEPENDENT INSURANCE AGENTS P.O. BW 97. Flint Natletal Bank Bldi., Shakopee. MN 5W79 Tel. (612) 445-1922 CITY OF SHAKOPEE & SHAKOPEE PUBLIC UTILITIES COMMISSION SHAKOPEE, MINNESOTA INSURANCE COVERAGE PREMIUM BREAK DOWN 6-30-86 POLICY CITY SPUC TOTAL LMCIT Commercial Package MP824008R-7 12,296 16,231 28.527 Property Inland Marine 2,963 89 - 3,052 Crime 113 158 271 General Liability 25,776 36,380 62 , 156 Automobile BA 528384-7 27 ,634 4,079 31 ,713 Umbrella 0000271-7 19 ,862 13,241 33 , 103 HARTFORD STEAM BGILER MN-8330662-07 1 ,728 4, 384 6, 772 TRANSAMERICA 53641162 Public Employees Bond & ' Depositors Forgery 217. 50 217. 50 435 .. WESTERN WORLD LEL09645 Law Enforcement Officers 10,108. 00 . -- 70, 108. 00 Liability + 303.24- + 303. 24 INTERNATIONAL SURPLUS LINES 524-062342-8 3,492. 00 1 ,880. 00 5,372. 00 Public-Officials & Employees + 104. 75 + 56. 41 + 161 . 16 Liability - TOTAL $104, 597. 49 76,715. 91 181 ,313. 40 rvrororo rororororororororvro roro ro rororororo roro rorororo N - ,� rvrorory rororoNrorvrorororo roro N rorororoN roro roroNro ro 'eeo adaaaaaaa aeo aaaa aaa • i m NNNN j......... 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MH . NTN OOO Q U N .ilnl� S InV .mm 0000 C NTN .i O Hp •piNoN OOOO +� NNN � N fOmmM NMX MMMT TMTN �NN� £ 0000 m o o I P 0 0 0 0 ' f Memo To: John K. Anderson, City Administrator - --- -- — - /'ap From: Marilyn M. Ramer, Personnel Coordinator Re: Recording Secretary Employment Agreement Date: August 14, 1987 Information Attached is an employment agreement between the City of Shakopee and Peggy Swagger, newly hired Recording Secretary. She will replace Betty Brumm who changed her mind after initially being hired but consented to be recording secretary until such time a permanent replacement could be found. Background In the past, this position was compensated as Professional Services with no payroll withholdings. A Federal law requiring a mandatory medicare deduction (1.458) for new hires was passed in 1986, therefore in order to comply, this individual must be processed thru the payroll system. Action Requested Authorize staff to enter into an employment agreement.with Peggy Swagger, at the hourly pay rate of $7.00 effective August 20, 1987. EMPLOYMENT AGREEMENT Under the terms of this agreement, Peggy L. Swagger is hereby contracted as parttime Recording Secretary for the City of Shakopee effective August 20, 1987. Employee shall be paid on a hourly basis @ $7.00/hr. for the attendance and subsequent transcribing of minutes of the City Council and Planning Commission meetings, to be increased to $7.25/hr. on January 1, 1988. Thereafter, pay rate is subject to annual percentage increases as authorized for other city employees. Applicable taxes shall be withheld in compliance with State and Federal Statutes. No benefits shall accrue. In witness, where of, the parties have executed this Agreement at Shakopee, Minnesota on the day of August, 1987. EMPLOYEE EMPLOYER Mayor City Clerk City Administrator MEMO TO: John K. Anderson, City Administrator g_ FROM: Judith S. Cox, City Clerk� RE: Hauer's 4th Addition - Reduction of Letter of Credit DATE: August 14, 1987 Introduction Mr. Dale Dahlke, developer of Hauer's 4th Addition has requested that his letter of credit in the amount of $83,250.00 guaranteeing construction of public improvements, be reduced. Background Mr. Dahlke provided the City with a performance bond for construction of the public improvements plus a letter of credit to cover the engineering inspection fees and the additional 25% which the City - requires. The improvements have been completed and accepted by . the City and Mr. Dahlke has paid the engineering fees. The maintenance bond guaranteeing the work has been ordered and should be delivered within a couple of days. Once the maintenance bond is filed with the City and approved by the City Attorney, the developer will have fulfilled the requirements of the developers agreement with the exception of the installation of street signs along Vierling Drive estimated at $340.00. Alternatives 1. Authorize the reduction of the letter of credit upon filing the maintenance bond and approval of it by the City Attorney. 2. Delay action on authorizing reduction of letter of credit until the maintenance bond is filed with the City. Recommended Action Alternative 1, authorize reduction of letter of credit upon filing of maintenance bond. Action Requested Authorize the reduction of the letter of credit guaranteeing construction of public improvements for Hauer's 4th Addition, Plan A improvements, to $425.00, upon filing of the maintenance bond with the City and its approval by the City Attorney. JSC/jms MEMO TO: John K. Anderson, City Administrator_ . FROM: Judith S. Cox, City Clerk RE: Application for Temporary 3.2 Beer License by St. Mary's Catholic Church of Shakopee DATE: August 14, 1987 Introduction St. Mary' s Catholic Church of Shakopee has made application for a temporary 3.2 beer license for August 23, 1987. Background The City Attorney has reviewed the surety bond and insurance exemption and they are in order. Alternatives 1. Approve application. 2. Deny application. Recommendation Alternative No. 1, approve application. Recommended Action - ---- -- Approve the application and grant a temporary 3 .2 beer license to St. Mary's Catholic Church of Shaxopee, 535 South Lewis Street for August 23, 1987. JSC/jms MEMO TO: John K. Anderson, City Administrator FROM: John H. DeLacey, Engineering Technician JF /✓ _ SUBJECT: Holmes St. Basin Laterals Project No. 199886-1 DATE: August 12, 1987 INTRODUCTION: The above referenced project is now complete and ready to be finaled out. BACKGROUND: The contractor ($.M. Hentges & Sons, Inc. ) has completed his work on the Holmes Street Basin Laterals Project No. 1986-1 . As of this date there remains one damage -claim. .to_the_ project_ that .has not been resolved. An amount of $13,000 .00 has been held back in retainage of which $12,000.00 is for the damage claim. I have discussed with Jack Collar how to go about finalizing this project and he suggested that we place the $12,000.00 into an escrow account. RECOMMENDED ACTION: Payment to S.M. Hentges & Sons, Inc. of $1 ,000 . 00 with the remaining $12,000.00 to be placed in an escrow account. REQUESTED ACTION: _ Authorize payment of $1 ,000.00 to S.M. Hentges & Sons, Inc. for the Holmes Street Laterals Project No. 1986- 1 and move to authorize Jack Collar to petition the court to place the remaining $12,000.00 into an escrow account for the damage claim. JD/pmp PARTIAL ESTTMATE VOUCHER Contract No. 19N6-1 Partial Estimate Voucher No. 10 Period Ending: July 31. 1987 TO: Contractor 5.M. Hen¢tes h Sons Inc Address _ P.O. Boz 212 Shakopee !V1 55379 Project Description Holmes Street Basin Storm Sewer Laterals 1. Original Contract Amount $ 941.251.82 2. Change Drder No. _ 1 Thru No. 6 $ -6-921-16 3. Total Funds Encumbered $ 931.912.66 4. Value of Work Completed $ 931.956.21 Value of Work Remaining 5. Percent Retainage $ 12.000.00 $ -0- 6. Previous Payments $ 920 956.21 Percent Complete 7. Deductions or Charges $ -0- 1005 B. Total $ 932.956.21 Payment Due (Line 4 - 8) $ 1,000.00 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOH) BY 0 0 TT LE APPROVED - CITY OF SHAKOPEEI/ - A r��4 J9ct 'neer _Date City Aami�istrator Date eo8 £881e8- - --- - --- - -O- --- 8£8 : 8oe ' pee ee a€a e e e e e €S 3_9881888j8881g8818S8 8818881885 ' 8%818$8 etiii .... ^_ •. � W6 M= ee 1 e e edY leSlBve eedl ee a^ 1Y80j8 eedleee : MVV ^ _ 1 Ae I ^ 58i888j888188818881888 1!293 c =8881 -- <R- I = X38 : -.mP. - `�� _ _ _