HomeMy WebLinkAbout03/22/1988 TENTATIVE AGENDA
SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 22, 1988
Mayor Dolores Lebens presiding
11 Roll Call at 7:00 P.M.
21 Accept Special Call of the Mayor
3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
4] Approval of Consent Business - (All items listed with an
asterisk 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. )
*51 Approval of Minutes of March lst, 7th, and 8th, 1988
6] Communications:
*a] Fritz Ehlers re: Scott County Historical Society
Proposal - receive and file
*b] Arthur Gorgen re: Operation of Murphy' s Landing -
receive and file
7] Upper Valley Drainage Project No. 1987-5
a] Resolution No. 2873, Authorizing Condemnation
Proceedings
b] Authorizing Easement Payments
81 $44,000,000 Minnesota Sports Facility Revenue Bonds, Series
1984-B (Shakopee Racetrack Project) Dated as of Oct. 15, 1984
(Resolution No. 2875)
91 Murphy's Landing Contract
10] Other Business:
a] League of Mn. Cities Action Alert re: Workers ' Comp
Reform
b] Action Alert re: Retiree Health Insurance Mandate
c] Approve Bills in Amount of $312,895.45
d] League of Mn. Cities Action Alert re: Comparable
Worth
e)
10] Adjourn
John K. Anderson
City Administrator
CITY OF SHAKOPEE
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE,MINNESOTA 553791376 (612)"536MI v�
r,
March 18, 1988
The Honorable City Council
City of Shakopee -
Shakopee, Minnesota 55379
Mayor Dolores Lebens has notified me, Judith S. Cox, City Clerk
of the City of Shakopee, that a Special Meeting of the City Council
will be held at 7:00 P.M. on Tuesday, March 22, 1988, in the Council
' Chambers of City Hall for the purpose of authorizing condemnation
proceedings for the Upper Valley Drainage Project, considering extend-
ing the time limit for parking the Series "B" 1R Bonds for the Racetrack,
and any other business which may come before the Council.
Respectfully
- Jldzth S. Cox -
City Clerk - -
_. jc - - -
The,-'Heart of `Progress ` Valley
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 1, 1988
Mayor Lebens called the meeting to order at 7:00 p.m. with Cncl.
Clay, Scott, Zak, Wampach and Vierling present. Also present
were John K. Anderson, City Administrator; Dennis Kraft,
Community Development Director; Judith S. Cox, City Clerk;
Douglas Wise, City Planner and Rod Krass, Assistant City
Attorney.
Clay/Vierling moved to recess for the HRA meeting. Motion
carried unanimously.
Wampach/Vierling moved to reconvene at 8:00 p.m. Motion carried
unanimously.
Liaison reports were given by Councilmembers.
Mayor Lebens asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Clay/Vierling moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Clay/Wampach moved to approve the minutes of the February 16,
1988. Councilwoman Vierling abstained from voting. Motion
carried.
Clay/Vierling moved to approve the minutes for the February 22,
1988. (Approved under consent business) .
The City Administrator commented on the Marschall Road and County
Road 16 traffic signals. He stated that the City's share would
be approximately $19, 000. Mr. Dan Jobe from Scott County Highway
Department also commented on the warrants of the signals. There
was a general discussion by Council, Staff and Mr. Jobe.
Wampach/Vierling moved to authorize the appropriate City
officials to execute Cooperative Agreement No. 8803 between the
City of Shakopee and Scott County which provides for the
installation, funding and maintenance of a traffic control signal
system at the intersection of Marschall Road and Gorman Street
with funding of City of Shakopee's share by the Capital
Improvement Fund.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
City Council
March 1, 1988
Page 2
Vierling/Wampach offered Resolution No. 2866, A Resolution of
Appreciation to Jane VanMaldeghem, and moved its adoption.
Motion carried unanimously.
The City Administrator commented on the League of Minnesota
Cities policy on Property Tax reform. He stated that it would be
his recommendation to ratify the 9 property tax reform principles
which have been adopted by the League:
1. A property tax system with ten classifications or less.
2. A property tax statement that discloses local taxing
district levies, state paid relief, and the amount of
the homestead relief.
3. State aid to local governments which is tied to
increases and decreases in the state's general
revenues.
4. Changes to the payable 1989 property tax laws.
5. Providing commercial and industrial property tax
relief.
6. Relief to high valued homestead properties.
7. An additional $100 million in state funds to facilitate
property tax reform.
8. A system that improves equalization for the city,
county, school district and for the individual property
taxpayers within the parameters of the other League
principles.
9. Continuation of an income adjusted circuit breaker and
renters' credit program.
He also asked that the Council consider 2 other principles which
have not yet been adopted by the League:
1. Maintaining a true homestead credit program and a local
government aid program as two separate programs.
2. A classification structure which does not artificially
increase the property value disparity between high and
low value communities.
Vierling/Zak to ratify the League of Minnesota Cities 1-9 and 1-2
property tax reform principles. Motion carried unanimously.
Wampach/Clay moved to nominate Donna Roman for the appointment to
the Energy and Transportation Committee. Motion carried
unanimously.
Clay/Vierling moved that the City's Legislators be contacted to
have the Mandated Soil Erosion and Sedimentation Standards bill
laid over to the 1989 session for further discussion. Motion
- carried unanimously.
Wampach/Vierling moved to receive and place on file the letter
from James F. Miller, City Manager from the City of Minnetonka
City Council
March 1, 1988
Page 3
regarding their meeting on March 10, 1988 regarding the property
tax reform. Motion carried unanimously.
Wampach/vierling moved to open the public hearing on the request
to eliminate the Universal Service from the City's cable system.
Motion carried unanimously.
The Administrative Assistant commented on this item. He stated
that the cable company agreed to provide Universal Service free
of charge to subscribers. The cable company is now requesting
that the Franchise ordinance be amended eliminating the Universal
Service tier. The tier is basically an antenna service that was
to be provided by the cable company. Subscribers to the
Universal Service tier received channels 2-13 free of charge upon
payment of a one time $35.00 installation fee. He further stated
that there are only 81 subscribers in Shakopee who receive the
Universal Service. With the elimination of the Universal Tier
the cable company would also be able to eliminate scramblers that
they have on their basic channels (14-52) . This would allow
people who have cable ready television sets. He stated that he
had been in contact with Mr. Gary Matz, and attorney for the law
firm that prepared the Cable Franchise Ordinance and with Tom
Creighton, the attorney who represents the Minnesota Association
of Cable Administration Administrators and they advised that the
cities no longer have the authority to make cable companies
provide Universal Service even if it was originally proposed in
the franchise ordinance. He concluded with saying that the
Shakopee Cable Communications Advisory Commission felt that
legally they had no control over the elimination of the Universal
Service but also felt that a provision of 6 months of free basic
service to all current Universal subscribers was an equitable
solution to the problem. Therefore he would recommend to the
City Council that the Cable Franchise Ordinance be amended
eliminating the Universal Service Tier and that the cable company
agree to provide 6 months free basic. service and a free remote to
all existing Universal subscribers.
Mr. Steve Stolen, General Manager of United Cable Television, was
present and also commented on this.
Mr. Bob Lindstrom, 2099 Foothill Trail, stated that the only
reason he subscribes to cable is for the antenna service that the
Universal provides.. _
Mr. Jerry Schesso, 1199 Quincy, also commented. He stated that
he does not want all the other channels that cable provides and
stated that he does not want to pay the additional charge of
$13.95 per month for Basic service.
City Council
March 1, 1988
Page 4
Ms. Harriet Costlow, 2048 Vierling Drive, also commented against
the elimination of the Universal service. She is not interested
in the extra channels.
Vierling/Clay moved to continue the public hearing to the next
scheduled City Council meeting and to direct Mr. Stock,
Administrative Assistant, to look into a phasing in option of the
Basic service for the subscribers that at this time have the
Universal tier. Motion carried unanimously.
Mr. George F. Muenchow, Director-Shakopee Community Recreation
then commented on the Youth Baseball/Softball Athletic Field
Renovation-Maintenance Agreement.
Clay/Scott moved to authorize the .proper City officials to enter
into an agreement with the Shakopee Schools, the Shakopee Youth
Baseball/Softball Association, and the Shakopee Lions Club for
the purpose of upgrading and maintaining youth baseball/softball
facilities used in the Shakopee Community Recreation Program.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Mr. Muenchow then commented on the 1988 Swimming Pool Fees.
There was discussion regarding the $1.00 service charge on the
season passes and lessons and that the number of rides on the
water slide be increased to 5 rides for $1.00.
Vierling/Zak moved to approve the City of Shakopee Municipal
Swimming Pool/Waterslide 1988 program/plan dated March 1, 1988
and that the number of rides on the Waterslide be increased to 5
rides for $1.00.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Scott/Zak moved to recess. Motion carried unanimously.
Wampach/Vierling moved to reconvene at 9:30 P.M. Motion carried
unanimously.
The City Planner commented on the request from Shingobee
Builders, Inc for a 128 square foot temporary identification
sign. He stated that the construction company will be building a
new motel east of Valleyfair on Lot 2, Block 1 of Prairie House
2nd Addition. There was concern over a similar request from
Country Village Apartments for their temporary real estate sign
that was being requested for 128 square feet. Staff had
recommended that the sign only be permitted to be 64 square feet.
5
City Council
March 1, 1988
Page 5
Gae Veit, a representative from Shingobee also commented on the
request.
Clay/Vierling moved to grant Shingobee Builders, Inc permission
to construct a temporary identification sign on Lot 2 , Block 1
Prairie House 2nd Addition not to exceed 64 square feet. Motion
carried unanimously.
Clay/Vierling moved to recess for Executive Session to Discuss
Police Department labor negotiations and litigation involving
Murphy's Landing at 9:45 p.m. Motion carried unanimously.
Clay/Vierling moved to reconvene at 10:55 p.m. Motion carried
unanimously.
The Administrative Assistant commented on the revisions to the
1988-89 One Year Work Plan. He reviewed the changes that the
Council requested.
Wampach/Clay moved and approved the 1988-89 One Year Work Plan as
proposed by the Community Development Director with the amendment
to the 1989 Primary Work Task Section inserting the word
possibility, "to investigate with the possibility of
implementing" . (DOC #152) . Motion carried unanimously.
Clay/Wampach moved to table the Huber Park Trail Project to the
next scheduled meeting. Motion carried unanimously.
Clay/Vierling moved to inform our Legislators of the City's
recommendation to the Legislature that the current planning and
zoning enabling legislation (HF 1888 and SF 1759) be laid over
for interim study. (Approved under consent business) .
The Community Development Director commented on the RFP (request
for proposals) for the Shakopee Comprehensive Plan.
Vierling/Wampach moved to direct the Community Development
Director to distribute the request for proposals for a complete
update of the Shakopee Minnesota Comprehensive Plan to
Metropolitan Area Planning Consultants. Motion carried
unanimously.
Clay/Vierling moved to table the Assessor's position to the next
scheduled meeting. Motion carried unanimously.
Vierling/Scott moved to direct Finance to pay Waldor Pump
$5580. 00 for Memorial Park replacement pumps for our comfort
station and the Chamber of Commerce building, as per their
City Council
March 1, 1988
Page 6
agreement, from the Park Division Fund. The City will be
reimbursed 503 by the Chamber.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Clay/Vierling authorize staff to accept quotations and disburse
funds not to exceed $8500.00 for the purchase of one used
Vehicle. (Approved under consent business) .
Clay/Vierling authorized the Police Department to purchase
computer terminals, software and related hardware from Computer
Exercise at a cost Of $7927.00 as detailed in memorandum dated
January 28, 1988. (Approved under consent business) . (DOC #153)
Clay/Vierling moved to approve payment of bills in the amount of
$120,089.65.
Roll Call: Ayes: Unanimously
Noes: None
Motion Carried.
Clay/Vierling moved to authorize the appropriate City officials
to enter into a Sales and Use Tax Letter Agreement with Mr. Jon
G. Sarff, Attorney at Law, 523 South Eighth Street, Minneapolis,
MN 55404 for the purpose of recovering 503 of the Sales and Use
Tax incorrectly paid by certain contractors doing work for the
City of Shakopee prior to May 9, 1985. (Approved under consent
business) .
Clay/Vierling offered Resolution No. 2872, A Resolution Amending
Resolution No. 2837 Adopting the 1988 Fee Schedule, and moved its
adoption. (Approved under consent business) .
Clay/Vierling offered Resolution No. 2867, A Resolution of
Appreciation to Corrine McDonald, and moved its adoption.
(Approved under consent business) .
The City Clerk then commented on the removal of snow from public
sidewalks and presented an ordinance for Council consideration
increasing the time required to remove snow from public sidewalks
in residential areas from 12 hours to 24 hours after a snowfall.
Zak/Vierling offered Ordinance No. 241, An Ordinance Of The City
Of Shakopee, Minnesota, Amending Shakopee City Code Chapter 7
Entitled "Street And Sidewalks Generally", Section 7.04 Entitled
"Ice and Snow On Public Sidewalks", Subdivision 1 Entitled "Ice
And Snow A Nuisance" By Changing The Number Of Hours After Which
Snow Shall Be Removed From Public Sidewalks After A Snowfall;
City council
March 1, 1988
Page 7
And, By Adopting By Reference, Shakopee City Code chapter 1 And
Section 7.99 Which, Among Other Things, Contain Penalty
Provisions, and moved its adoption. Motion carried unanimously.
The City Administrator then gave an update on the Fiscal
Disparities Legislation.
Vierling/Scott moved to adjourn to Monday, March 7, 1988 at 7:00
p.m. Motion carried unanimously. Meeting adjourned at 11:20
p.m.
Judith S. Cox
City Clerk
Jakki R. Menk
Recording Secretary
i
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL III
ADJ.REG.SESSION SHAKOPEE, MINNESOTA MARCH 7, 1988
Mayor Lebens called the meeting to order at 7:00 P.M. in the
Health Education Room at St. Francis Regional Medical Center with
Councilmembers Wampach, Clay, Vierling, Scott and Zak present.
Also present were: Jim Karkanen, Public Works Supt. ; Gregg
Voxland, Finance Director; Tom Brownell, Police Chief; Leroy
Houser, Building Official; John K. Anderson, City Administrator;
Joe Ries, Fire Chief; Ray Ruuska, Engineering Coordinator; Judith
S. Cox, City Clerk; and George Muenchow, Community Recreation
Director. Dennis Kraft, Community Development Director arrived
at 8:10 P.M. Tom Brownell left the meeting at 8:10 P.M.
This worksession was a continuation of the February 22nd review
of the 1987 Strategic Plan.- The City administrator reviewed the
items that were discussed at the February 22nd worksession.
Items discussed during the worksession included: 1) establish-
ment of a committee to actively recruit new development, 2)
screening requirements within the commercial and industrial
zones, 3) interest buy down/revolving loan program for improve-
ments to downtown buildings, 4) systematic enforcement of the
building code, and 5) a new alternative for the location of the
169 bridge. The City Administrator will set up a worksession for
April 4, 1988 with the Council and Minnesota Department of
Transportation to discuss the new alternative.
Vierling/Zak moved to adjourn to Tuesday, March 8, 1988 at 8:00
P.M. (After the polls close for the school referendum. ) Motion -
carried unanimously. Meeting adjourned at 8:55 P.M.
Judith S. Cox
City Clerk
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL .5
AAT REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 8, 1988
Mayor Lebens called the meeting to order at 8:00 p.m. with Cncl.
Clay, Wampach, Vierling, Zak and Scott present. Also present
were John K. Anderson, City Administrator; Dennis Kraft, Comm.
Development Director; Judith S. Cox, City Clerk; Barry A. Stock,
Administrative Assistant; Ray Ruuska, Engineering Coordinator;
Gregg Voxland, Finance Director, and Barry Meyer, Assistant City
Attorney.
Liaison reports were given by Councilmembers.
Mayor Lebens asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Vierling/Zak moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Vierling/Zak moved to approve the minutes of the February 2,
1988. (Approved under consent business) .
wampach/Vierling moved to open the continuation of the public
hearing on the amendments of the Cable Franchise Ordinance
eliminating the Universal Service Tier. Motion carried
unanimously. -
The Administrative Assistant updated everyone present on the new
alternatives that staff was requested to look into. There were 3
alternatives: 1) . The cable company would provide six months of
free basic cable service and a remote control device to existing
Universal subscribers or a $35.00 refund to those persons who did
not want the free basic service. 2) . The cable company would
agree to phase out the Universal service according to a schedule
of: 0-2 months - free; 3-4 months - $2.50; 5-6 months - $5.00;
7-8 months - $7.50; 9-10 months - $10.00; 11-12 months - $12.50,
13th month - regular basic rate - $13.95 and the provision of a
free remote control device or provide a $35.00 refund to those
subscribers who are not interested in the phase out plan. 3) .
The cable company would agree to a one year phase out according
to a schedule of: 0-3 months - free; 4-6 months - $4.00; 7-9
months - $8.00; 10-12 months - $12.00, 13th month - regular basic
rate - $13.95 and the provision of a free remote control device
or a $35. 00 refund.
Councilman Clay asked if the cable company would consider that
within alternative 3 that if the subscribers did not wish to
continue the service after the three months if they could receive
their $35.00 refund.
City Council
March 8, 1988
Page -2-
Mr. Steve Stolen, Representative from the Cable Company stated
that they would agree to that.
Mayor Lebens read for the record a letter from Pamela Bongartner,
407 East 1st Avenue, opposing the offering of pay per view
pornography and asked Mr. Stolen if the cable company was
considering offering this in Shakopee.
Mr. Stolen stated that many requests have been placed for this
but at this time they did not know.
Mayor Lebens asked if there were any comments from the audience.
There was no response.
Cncl. Vierling asked if there was anything in an agreement with
the cable company that might prohibit that type of viewing
material? The Administrative Assistant stated that the 1984
Cable Communications Act stripped municipalities of their right
to regulate cable service.
Vierling/Clay moved to close the public hearing. Motion carried
unanimously.
Zak/Vierling offered Ordinance No. 242, An Ordinance of the City
of Shakopee, Amending Shakopee City Code, Chapter 15, Entitled
"Cable Communication Franchise Ordinance, as amended" By
Repealing Certain Sections thereof and by Enacting New Sections
Thereof and by Adopting by Reference Shakopee City Code Chapter
1, and moved its adoption; with the amendment that the
subscribers will have 3 months to decide if they want the Basic
Service or the $35.00 refund. Motion carried unanimously.
The Community Development Director then gave an update on the
Murphy's Landing Operation Contract. He stated that the Council
is in the process of selecting an operating entity for Murphy's
Landing. The City Council appointed a committee of three of it's
members to conduct interviews with groups interested in operating
the facility.
Mayor Lebens read for the record a letter from Mr. Steve Stans,
President of the Stans Foundation explaining that funding is
available to Minnesota Valley Restoration Project for the
operation of Murphy's Landing.
There was a lengthy discussion by those present representing the
SCHS (Scott County Historical Society) , the MVRP (Minnesota
Valley Restoration Project) , Staff and Council.
5
City Council
March 8, 1988
Page -3-
Scott/Wampach moved SCHS as the operating entity for Murphy's
landing.
Roll Call: Ayes: Wampach, Zak and Scott
Noes: Vierling, Clay and Lebens
Motion failed.
Clay/Vierling moved for a 5 minute recess. Motion carried
unanimously.
Zak/Vierling moved to reconvene at 9:45 p.m. Motion carried
unanimously.
Vierling/Zak moved that MVRP continue to manage Murphy's Landing
until a permanent entity is in place. Motion carried with Cncl. _
Wampach and Scott opposed.
Vierling/Wampach moved that the two bodies comprise a joint body
of the two on a trial basis not to exceed one year and they would
report to the City Council and then look at a more permanent
arrangement.
Mayor Lebens stated that the Council would select the committee,
SCHS and MVRP would submit names for the committee.
There was further discussion from the audience regarding this.
Vierling/Clay motion to table the previous stated motion until
the representatives from both the SCHS and MVRP could comment on
this. Motion carried unanimously.
Vierling/Zak moved to table the Huber Park Trail Project until a
meeting in April. Motion carried unanimously.
Clay/Vierling moved to direct staff organize a joint meeting with
the Scott County Assessors office and to invite citizens to this
meeting. Motion carried unanimously.
The Engineering Coordinator commented on the rubberized crossings
for Railroad tracks at Holmes, Fuller and Atwood at 2nd Avenue.
He also commented on the agreements with the Railroad Co. for
rubberized crossings.
Vierling/Scott moved to order preparation of plans &
- - specifications and authorize the advertisement for three
rubberized crossings allowing the City to delete one crossing if
it so desired. Motion carried unanimously.
Vierling/Wampach moved to authorize staff to advertise for bids
for the purchase delivery for three rubberized crossings at the
railroad intersections with Holmes, Fuller and Atwood. Motion
carried unanimously.
City Council
March 8, 1988
Page -4-
Wampach/Vierling moved to authorize appropriate City Officials to
execute agreements with the Chicago and Northwestern
Transportation Company for the installation of rubberized
crossing materials on 2nd Avenue and Fuller, Holmes and Atwood
Streets and for relocation of railroad signal systems in the
Phase II area.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Vierling/Zak moved to approve the purchase of Ventura Publisher
and PC Mouse from Egghead Software for $636.50 and that the funds
would come from the 1988 MIS Capital Equipment Budget. (Approved
under consent business) .
Vierling/Zak moved to purchase the utility billing software from
Quest Information Systems in the amount of $2700.00 plus $250.00
per year, Acer 710 microcomputer (installed on network) , Quannon
Computer Products for $1,700.00 and "Note It Plus" software from
Egghead Discount software for $49.00, funds will come from the
1988 Utility Fund.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
It was the consensus of the council to hold off on the purchase
of the high speed Dot Matrix printer at this time.
Vierling/Wampach to table the purchase of the additional network
work station (for the building department) . Motion carried
unanimously.
Wampach/Vierling motioned to approve Change Order No. 1 for an
additional amount of $2670.39.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Clay/Vierling motioned to approve Partial Pay Estimate No. 2 with
payment of $3884.36 to G.L. Contracting, Inc. , PO Box 340,
Hopkins, MN 55343.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Vierling/Zak moved to authorize the easement acquisition
negotiations for the remaining easements for the Upper Valley
Drainage Project No. 1987-5. (DOC # CC-154)
Roll Call: Ayes: Unanimous -
Noes: None
Motion Carried.
City Council
March 8, 1988
Page -5-
Vierling/Zak moved to authorize staff to pursue hiring a Summer
Information Management Intern at the rate of $5.00 per hour.
(Approved under consent business) .
Vierling/Zak moved to continue to publish a condensed version of
the Official Proceedings of the City Council. (Approved under
consent business) .
Vierling/Zak moved to appoint Donna Roman to the Energy and
Transportation Committee for a one year term expiring January 31,
1989. (Approved under consent business) .
Vierling/Wampach moved to table the Systematic Code Enforcement
Program to April 12, 1988. Motion carried unanimously. _
The representatives from the MVRP and the SCHS returned before
the Council with their recommendation at this time. Based upon
Council's earlier comment, they are willing to continue meeting
and try to come up with a coalition to operate Murphy's Landing.
Zak/Wampach moved to adopt a coalition of the Minnesota Valley
Restoration Project and the Scott County Historical Society for
operating Murphy's Landing contingent upon their joint agreement
and submission to the Council in writing as to their agreement
and approval by the City Council on the agreement within the next
week.
Vierling/Zak moved to amend the motion to state that the City
would be the arbitrator if the joint board cannot make a
decision. Motion carried unanimously.
Motion carried unanimously on amended main motion.
The City Administrator advised Council that staff from Minnesota
Department of Transportation are available to meet with Council
in a worksession on April 4th to discuss an alternative approach
for the Hwy 169 bridge.
Vierling/Zak to adjourn to Monday, April 4, 1988 at 7: 00 p.m.
Motion carried unanimously. Meeting adjourned at 10:50 p.m.
4
J d,l S. Cox
ity Clerk
Jakki R. Menk
Recording Secretary
e,/Y 7-
TO:
TO: City Council Members
FROM: Fritz Ehlers fe-t
DRTE: 16 March 1988 ClT r�AR1 61968
SUBJECT: Scott Countq Historical Society Proposal
The proposal from Scott County Historical Society represents a direct
departure from the past in meeting the needs of the community and
the Twin Cities locality; the Scott County Historical Society proposal
fails to meet the community requirements in providing the MURP
services for majority of the population. The Scott County Historical
Society proposal fails to address the following:
1 . Rdequateiy developing nonbusiness marketing
2. Developing marketing goals/concepts
3. Developing adequate nonbusiness marketing objectives
4. Developing proper marketing strategies
5. Developing target markets and products
6. Controlling management and marketing activities
The Scott County Historical Society attempts to address some very
narrowly defined goals within a few norms of their organization
beliefs; they seemed to be negating a set of proper organizational
activities aimed at facilitating and expediting exchanges within
dynamic aspects of the marketplace. The plan fails to present clear
marketing goals but seems to be guided by narrow goal of only
serving a small population. R clear marketing concept should be used
In providing for the needs and serving clients, members and the
general public to achieve some organizational goals. Museums and
other philanthropic organizations exist for complex, interrelated
reasons for existence; for such organizations planning a marketing
activity and implementating a marketing plan requires a coordination
and refinement of goals. The public served by MURP must reflect the
MURP unique philosophy and mission in meeting the needs and desires
of the clients. The professional who manages MURP must be prepared
to do marketing activities with the basic aim in obtaining the desired
response from the target audience; these responses should be a
change in values, knowledge of history or some other type of
exchange; nonbusiness marketing is shaped by the nature of
exchange and the goals of the organization (the president of Scott
County Historical Society felt that marketing was simply a penny
store mentality). The Scott County Historical Society proposal lacked a
clear definition of an exchange transaction and their purpose would
not include marketing objectives. Nonbusiness objectives for MURP
should state the rationale for the MURP existence; the Scott County
Historical Society approach would simply not use marketing as an
objective and MURP would not leve the needs and wants of a target
Population (thus not enhancing the chance to survive and achieve its
goals).
R marketing strategy encompasses:
1, defining and analyzing a target market
2. creating and maintaining marketing mix
In their proposal Scott County Historical Society believes it is easy for
an organization to assume that it knows what the public needs or
wants by fulfilling the desires of some part-time historians who want
to play "Little House on the Prairie"; it is clear that the proposal's
strategy and future failure will be traced to its neglect of the basic
desires and concerns of the marketplace. With a nonbusiness
organization the local community becomes the consumer of the MURP
product; the Scott County Historical Society proposal failed to provide
a marketing strategy along with approaches to segmenting and
defining target markets in providing services and unique programming
for market populations. The Scott County Historical Society approach
fails to develop a product configuration, based upon MURP ideas and
services; the proposal fails to develop the intangible quality of MURP.
The MURP product is more difficult to define than the average
business product/service sold in Shakopee; the marketing of ideas and
concepts is more abstract than marketing of common consumer
products/services; it requires much effort to present benefits.
Nonbusiness products and services must be defined before a
consumer exchange takes place; proper marketing demands usually
an analysis of the service distribution cycle as it relates to decisions
about product and promotion; the marketing of MURP ideas and
services distribution decisions relate to how these products will be
made available to the community. The auailability of MURP services is
closely related to product decisions such as convenience and
availability; marketing the history product that MURP is calls for
knowledge of common marketing and retailing concepts as site
location analysis.
The Scott County Historical Society proposal fails to provide a clear
direction to making use of any form of promotional decision to
improve marketing activity; in order to get its message across to the
community MURP must use proper promotional activities to
communicate with the public and each consumer.
The Scott County Historical Society proposal failed to prouide
background on controlling their marketing and nonbusiness activity by
auditing these activities to make sure that the basic goals are
achieved. Control is a proper management activity to identify what
activities have occurred within conformity with proper business
strategy and to take corrective measures where any deuiations are
found. The purpose of control is not only to point out errors and
mistakes but also to review organizational goals and marketing
objectiues as necessary. To control nonbusiness activities the Scott
County Historical Society proposal should have pointed out ways of
inventory activities and knowing where and how to look for
deviations and what types of deviations to eHpect are especially
important in the nonbusiness environment of MURP. It is sometimes
difficult to cotnrol nonbusiness actiuites beacuse often it is hard to
determine what goals are being acheiued; the detection and the
correction of these activity deviations from standard is clearly a
major purpose of control. Techniques for controlling overall
marketing and business performance must be the key to the nature of
non-profit business operation.
John K. Anderson Mar. 15, 1988
City Administrator -
129 East lst Ave.
. - Shakopee, Minn. 55379 - RECEMED
Dear Mr. Anderson: MAR 61988
As treasurer of the Murrhy' s Landing Volunteer Organiza-
tion, I feel there are a number of vital points that s1fcZfRY1QF SHAKOPEE
brought to the City Council' s attention before your meeting on
Mar. 22nd to decide on the financial operation of Murphg' s..Land-_. _
ing. The site is proving itself to be a major tourist attrac-
tion for this area and the benefits of that are felt far beyond
the boundaries of Murphy' s Landing. All city services reap the
benefits of this exposure, so your decision on the 22nd should
be of great concern to the citizens of Shakopee as well.
The monetary difference between the budgets presented by
the 14VRP and SCHS are enormous. Some of this can be attributed
to SCHS having to guess on many figures while MVRP could be far
more precise being in control of the site. In trying to draw
conclusions between the figures presented in both budgets , how-
ever, one has to immediately notice that the MVR° budget is far
more detailed and certainly more realistic than the SCHS propo-
sal. (For instance, MVRP recognizes that trash generated during
tourist months is far greater than in Jan. and Feb. and allocates
money accordingly. SCHS, on the other hand, proposes a flat $75
a month, so what does it intend on doing with the rest of the
trash in the summer?)
Another major difference between the budgets is with the
gift shop figures. The gift shop (and subsequently the general
---- - -
store) are major money producers onthe site and yet, SCHS pro-
poses to spend $6,900 to purchase goods but only to make $11,000
from those goods. Obviously they are not concerned with marking
merchandise up to the point of at leatt doubling their money,
and the most laughable part of their "shops" income is the Dec.
total of $500. Anyone who has ever worked in any retail busi-
ness in Dec. knows you can generate that in one good day. Com-
pare the above figures with the MVRP budget of $16,500 topur-
chase goods, generating $34,900 in income, with $5,800 expected
income in Dec. The SCHS budget and RFP only deal in vague gen-
eralities, but it could lead one to believe that they only want
the site open a couple days in Dec.
It' s also interesting to note that there is not one penny
allocated in the SCHS budget to be spent on restoration of any
building or the general upkeep of the site. Up until now this
has been one of the main battle cries heard from SCHS but it' s
not reflected in their budget proposal. - Is it suddenly not a
concern anymore or do they truly not intend on doing any capi-
tal improvements? (MVRP has allocated $35,OOOtoward this on-
going endeavor. ) - - -
In short, one has only to look at a few major discrepancies,
such as I've pointed out, to see that the SCHS budget :iss.. totally.
unrealistic and unworkable. The appearance they're presenting - -
is one in which they' ll operate Murphy' s Landing without guaran-
tee of any funds, with the dream of "grants" always in the future.
With only one or two employees represented in their budget ex-
penses they would not be able to maintain the site nor handle
even the small amount of people represented in their "Admission
& Tour" column. ( Compare that to MVRp, s "Gate". )
Within the RFP presented by SCHS they attempt to give assur-
ance to the City that they would have "no problem" dealing with
this or that issue, creating the impression that they look for-
ward to everyone being one big happy family. However, I can
assure you that no one from SCHS has ever approached anyone con-
nected with the Murphy' s Landing Volunteer Organization with the
hope of mending fences or creating a working relationship. By
the looks of their RFT, massive amounts of volunteer labor and,
quite pmssibly, money will be needed to even have Murphy' s Land-
ing survive as a tourist-oriented historical project. Many mem-
bers of the volunteer oreanizttion have had past dealings with
SCHS and are not anxious nor willing to confront the multitude
of problems that are carefully brushed aside in the RFP regard-
less of who is the figurehead of the Historical Society at this
time.
If I might add two more items before closing--it+s very up-
setting to us as volunteers to loose the representation our Pres-
ident supplied on the Board of Directors of Murphy's Landing.
.This represents a big step backward in site management in our
opinion. The volunteers represent an intregal and very vital role
in the day-to-day operation of Murphy' s Landing and the site was
just now able to plan on arranging for a paid, part-time, "volun-
teerco-ordinator" to further the goals and arrange for staffing. _ _
- - needs, all in an effort to maintain andenhance the historical
features of the site. In accepting the SCHS proposal this very
needed position is dashed as it' s not even so much as mentioned
let alone money set aside for it.
I do not envy your position in having to make the choice be-
tween the two RFP' e, but those of us who have donated more time
and money than we care to think of, beg of you to look carefully
at the figures. A business manager is needed on the site who
then cam arrange for historically related personnel. Set aside
Your relationships with individuals involved with either side of
this matter, and vote with your brain--not your heart. The most
reasonable, well-thought out and workable proposal is the one
presented by MVRP. Don' t let the volunteers down. Don't let the
citizens of Shakopee down. Vote for a continued viable effort to
sustain Murphy' s Landing. Vote MVRP.
cc Steve Clay Thanks for your time, -
Jerome Wampach /
Joe Zak
Gary Scott 11r ur Gor , Treasures
Gloria Viebens murohy+s ding Volunteers -
' Delores Lebens l/
T
7z
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: Project No. 1987-5
Upper Valley Drainage Project
DATE: March 14 , 1988
INTRODUCTION:
City Council has authorized easement acquisition negotiations for
the above referenced project. Several of the property owners
have declined full appraisal value of the easements needed.
BACKGROUND:
The following properties, listed by subject 0 , easement 8 and
names of the owners , are those who have declined appraised
amounts for easements:
Subiect U Easement 9 Property Owner
1 87-2R A. Hatch
3 87-4 L. Lenzmeier
4 87-5 C. Lindstrand
5 87-6 L. Lenzmeier
6 87_14 J. Scherber
7 87-15 J. Scherber
8 87-16 Valley Ind. Development
9 87-17 Valley Ind. Development
10 87-22 E. Hauer
11 87-23 J. Hauer
16 87-18R E. Hauer
77 87-21 E. Hauer
18 87-44 D. Kelm
In order to provide adequate time to construct this project this
year , City Council authorization to begin condemnation
proceedings is needed.
These proceedings normally take 90 days from the date of petition
to the district court.
I have attached a description of the condemnation or "Eminent
Domain" process, copied from the Handbook for Minnesota Cities
for City Council' s review.
Attached is Resolution No. 2873, a Resolution Determining the
Necessity for and Authorizing the Acquisition of Certain Property
by Proceeding in Eminent Domain for Purposes of Constructing the
Upper Valley Drainage Project No. 1987-5.
ACTION REQUESTED:
Offer Resolution No. 2873 , A Resolution Determining the Necessity
for and Authorizing the Acquisition of Certain Property by
Proceeding in Eminent Domain for Purposes of Constructing the
Upper Valley Drainage Project No. 1987-5 and move its adoption.
Land Use Control
sale or to further municipal planning objectives, it property if federal relocation assistance and
may, before sale, plat into lots and blocks land it benefits are not available. 81 This is a cost of al-
holds in fee simple. 72 most every acquisition and the council should con-
Sider it in making a decision to cquire lan . 1,
A city may acqquire a conservation easement some limited circumstances ONTeId
from landowners. 13 M1OCtapaRtsmdywaive relocation benefits. 82 The purchase of
property with the proceeds of industrial revenue
Eminent Domain bonds does not constitute an acquisition which
would require a 83
q payment to of relocation a benefits.
Eminent domain is the right of the state to ap- Also, utilities forced [o move from a r- hi-of-way
propriate private property to public use upon the do not qualify for relocation benefits. g4
payment of just compensation. The statutes give
every city this right in order to acquire private In both acquisitions by purchase and by eminent
property either within or without the corporate domain,the owner is entitled to reimbursement for
limits for any lawful purpose. 74 Under the right appraisal fees, not to exceed $500, if the owner is
of eminent domain cities may only take property otherwise entitled to reimbursement under federal
for a public purpose. law.The city,as purchaser,must inform the owner _
of the right,if any, to reimbursement for appraisal
Eminent domain, or 'condemnation; allows a fees, together with relocation costs, moving costs,
city to acquire property against the will of the and any other related expenses to which an owner
owner by paying the value of property, fund in is entitled under federal law. 85
Minnesota by court-appointed commissioners.
The refusal of a property owner to sell, however, Advertising Devices
does not mean the council has the right to institute
eminent domain proceedings. 75 Cities cannot remove lawfully erected adverbs-
- -- ing devices until the city has acquired all rights in _
The council must decide whether it should oxer- the property. 86 A city cannot
rise the right of eminent domain and begin conuse amortization,
,con- me
this law affects only signs adjacent to
demna[ion proceedings. 76 _ highways. 87
mostacquire property by eminent domain, cities Vacating Publicly Owned Utility
must follow the procedure in the comprehensive
eminent domain law. 77 Under that law, the conn- Easements and Land Dedicated to
cil begins proceedings,normally by resolution.The - Streets and Alleys
City must then file a petition with the district
court. If the court determines that the purpose is Statutory cities and home role cities of the third
an authorized public purpose, it appoints commis- and fourth class may abandon ownership or con-
sioners to appraise damages. The parties may ap- trol over all or any part of land they have set aside,
peal the commissioners' award - - - dedicated, or used as streets or alleys. 88 A
statutory city may also vacate any publicly owned
When one city needs part of a tract of land for utility easement or boulevard reserve.89 The steps
some public purpose and some other city needs are as follows. _
Flier parts for a public purpose, they may enter
into an agreement for 'oint acquisition of the land I. The council may initiate the action by
by eminent domain. 7✓� resolution, or a majority of owners of
property abutting upon the land to be _
A city may condemn land that another public - vacated, may petition for this action, Such -
body holds,but only if it can show a strong notes-' - petitions probably need signatures from
sityfor the condemnation. 79� both a majority of landowners and the -
a. owners of at least 5o percent of the land
Relocation and Appraisal Fees -- - ate• 90
- - - - -
The cit must pay relocation assistance and'_`_ 2-. The council must hold a public hearing on -
benefits to residents or businesses the city dts - the proposal following two weeks'
Places through eminent domain or by purchase of " published and posed notice. - .- -
Page 234. . • Handbook for Minnesota Cities - y
RESOLUTION 2873
A Resolution Determining the Necessity for and
Authorizing the Acquisition of Certain Property
By Proceeding in Eminent Domain for
Purposes of Constructing the Upper Valley Drainage Project
No. 1987-5
WHEREAS, the City Council has heretofore determined that
the City of Shakopee should obtain easements for the construction
of the Upper Valley Drainage Project between the Shakopee Mill
Pond and a point 1200 feet west of County Road No. 17.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE AS FOLLOWS:
1 . Property generally described on Attachment "A" and
specifically described on the easement documents on file in the
Engineering Department is necessary for the purpose of
constructing the Upper Valley Drainage project, a storm drainage
facility.
2. The City Attorney is authorized and directed on behalf of
the City to acquire the real estate above described by the
exercise of the. power of eminent domain pursuant to Minnesota
Statutes, Chapter 117 , and is specifically authorized to notify
the owners of intent to take possession pursuant to Minnesota
Statutes, Section 117 .042 . The City Attorney is further
- -- - - authorized to take all actions necessary and desirable to carry
out the purposes of this resolution.
Adopted by the City Council this day of ,
1988.
Mayor of the City of Shakopee
ATTEST:
City Clerk. _
Approved as to form this
day of 1988.
City Attorney
111
1 i..ne
1 -
1 �
1 ,
1 T
1 n z
, 1
m 1
, s
76
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator t�
SUBJECT: Upper Valley Drainage Project No. 1987-5
DATE; March 18 , 1988
INTRODUCTION:
City Council has authorized easement acquisition negotiations for
the above referenced project. Several of the property owners
have accepted full appraisal values of the needed easements.
BACKGROUND:
The following properties listed by subject P , easement U, amount
and names of the owners, are those who have accepted appraised
amounts for easements:
Subiect U Easement N Amount Property Owner
2 87-3 $10 ,400 .00 Warner True Value
Hardware
19 87-20R $ 2,000 .00 A. Landowski
12 87-24 $ 300.00 E. Swan
13 87-25 $ 300.00 G. Poole
15 87-27 $ 250 .00 W. Schlechter
$13,250 .00
ACTION REQUESTED:
A motion by City Council authorizing easement payments totaling
$13 ,250 .00 to the above listed property owners, pending receipt
of executed easement documents.
RR/pmp
EASEMENTS
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: $44,000,000 Minnesota Sports Facility Revenue Bonds,
Series 1984-B (Shakopee Racetrack Project) Dated as
of October 15, 1984
DATE: March 18, 1988
Mr. Krass, Assistant City Attorney, is reviewing the documents
received and will be commenting on them at the Council meeting.
Copies of the Second Supplemental Indenture of Trust and the
Amended Loan Agreement are on file with both Mr. Krass and the
City Clerk. Because of their length we are not making copies.
Anyone desiring to view them is welcome to stop by and take a
look at them.
Action Requested
Offer Resolution No. 2875, A Resolution Further Amending the
Supplemental Indenture of Trust Dated as of October 15, 1984 for
$44,000,000 Sports Facility Revenue Bonds, Series 1984-B and the
Loan Agreement Executed in Connection Therewith, and move its
adoption.
JKA/jms
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March 18, 1988
' cwmpa GF..H.
VIA MESSENGER .®axe*ea
� Jm N.Ecuavex
Mr. John Anderson PI'eL°ei1P�fJ
City of Shakopee
129 East First Avenue MN?1 81988
Shakopee, Minnesota 55379
Mr. Rodney Crass C(Ty OF SHAKOpEe
Crass & Monroe
327 South Marshall Road
Box 216 " '-
Shakopee, Minnesota 55379
Re- City of Shakopee, Minnesota - $44,000,000
Sports Facility Revenue Bonds, Series 19848
(Shakopee Racetrack Project)
Gentlemen:
Enclosed in connection with the remarketing of the above-
referenced Bonds are copiesof the documents -listed on the pro-
posed Table of Contents. I 've also enclosed an additional copy
of the Resolution for consideration by the City of Shakopee at
its meeting on March 22. Under separate cover Jim Lockhart of
Popham Haik will be delivering to you a description of the trans-
actions included in the remarketing. If you have any questions
or comments on the Resolution or the other documents, please feel
free to contact me.
Verr trrull�yyours,
Trudy J. Aall
TJH:tlw:4/038
Enclosures
cc: Mr. James B. Lockhart (w/enclosures)
YPfO MR wOBID YHADE LPRTEH Y3pD PIH6[Ne>1pNA1 Helve HVD9IHG PgOp IDS CEA'18H
YAT Pe�KMANLSOIe NIDI Y PaDLr ML�OL HblOe MHMBe{pLIS.MINRCTDLA Hyypy
RESOLUTION NO. 2875
A RESOLUTION FURTHER AMENDING THE SUPPLEMENTAL INDENTURE
OF TRUST DATED AS OF OCTOBER 15, 1984 FOR $44,000,000
SPORTS FACILITY REVENUE BONDS, SERIES 1984-B AND THE
LOAN AGREEMENT EXECUTED IN CONNECTION THEREWITH
WHEREAS, on October 15, 1984, the City of Shakopee,
Minnesota (the "City" ) issued its $44 ,000,000 Sports Facility
Revenue Bonds, Series 1984-B (the "Bonds" ) and loaned the pro-
ceeds derived from the sale thereof to Minnesota Racetrack,
Inc. ( "MRI" ) to finance a portion of a horse racing facility
in the City of Shakopee now known as Canterbury Downs; and
WHEREAS, the Bonds were issued and are outstanding pursuant
to the terms of a Supplemental Indenture of Trust originally
executed by the City and First Trust Company, Inc. (the
- - -- Trustee"- _October 15; - 1s184, and amended on December 14, 1984,
and December 27, 1984 (collectively;the "Indenture" ) ; and
WHEREAS, MRI has advised the City and the Trustee that
it wishes to further - amend the Indenture and Loan Agreement
currently in effect with respect to the Bonds to accommodate
certain requests made by persons or entities purchasing those
Bonds on April 1, 1988; and
WHEREAS, Section 10-2 of the Indenture provides that the
City and the Trustee may, from time to time, enter into supple-
mental or amendatory indentures with the consent of the holders
of the Bonds; and
WHEREAS, the City will be provided with evidence of Bond-
holder consent to such amendments; and
WHEREAS, the Trustee will advise the City that, in its
judgment, the further amendment of the Indenture in the manner
described above has been approved by the Bondholders, as required
by the Indenture.
NOW, THEREFORE, it is resolved by the City Council of
the City of Shakopee that the Supplemental Indenture of Trust
dated as of October 15, 1984, should be amended to allow for
remarketing on April 1, 1988, of less than the outstanding
principal amount of Bonds, if the Remarketing Agent so recom-
mends, and should be amended by the execution of the Second
Supplemental Indenture of Trust and Amended Loan Agreement,
both to be dated April- 1, 1988, copies of which have previously
been provided to the City, and the Mayor and City Clerk are
hereby authorized and directed to execute such Second Supple-
mental Indenture of Trust and Amended Loan Agreement, subject
to review of the final forms by the City Attorney, as well
as any other documents which in the reasonable opinion of its
City Attorney are necessary to carry out the intention and
purpose thereof.
Adopted: March 22, 1988
CITY OF SHAKOPEE, MINNESOTA
Ey
Its Mayor
ATTEST:
City Clerk Approved as to form this------- ---
day of 1988_
T-5/003 Assistant City Attorney
Additional information regarding agenda item 8
re: Racetrack Bonds
POPHAM, HAI K,SCHNOBRICH & KAUFMAN, LTD. `-
3300 PIPER JAFFRAY TOWER (D/,
MINNEAPOLIS, MINNESOTA 55402
YN[O.IOPXwY THOMAS J.e.LRRETTFXONE pETER{ON ...I A.CO eTCIIO
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DENVCN N YAN LI. .......I TCL[COpILR MOTNV w..... STEVEN A.CHELESM69
RD{UT A.MINI6NI1331612-334-2793 CAROL......... GREGORY G.
ROLI[A.WOROEx LESLIE GILLETTE 13 Y16I....A-x7{1 RYCC A.KEY.HIGH ROSWx[C.2,K.... ...
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NV6.V.P WNK ETT.111 DAVID L.HASMMALL DENVER. COLORADO .0202 .JOHNSON N M WALK[
IS R... ...ROWN KATHLEEN M.MARTIN TELEPHONE 303- JEFFREY S .....E 1.SOC.AN
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ALLEN W..INOCRAwER RICHARD A.KAPLAx E300 SOUTH S6ELL SL PON OSSA DLA NE ......AEN
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WILLIAM ORO R[ TT C�FI..TCR WASHINGTON, I. E. 20036 THEW C.DAMON
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FREOLNORRISON
-- 612-334-2673
March 18, 1988
RECEIVED
Mr. Rod Krass
Krass & Monroe Chartered 2 11986
Suite 300 MAR
Marshall Road Business Center
327 South Marshall Road PTY Vs SHAKOPEE
Shakopee, Minnesota 55379
Re: Remarketing of $44 Million Dollars in Series B Bonds
By Minnesota Racetrack, Inc. ( 'MAIN)
Dear Mr. Krass:
By this time, you should have received drafts of the
Second Supplemental Indenture of Trust and a draft of the
Amended Loan Agreement that have been prepared in anticipation
of the remarketing of the $44 million dollars in Series B Bonds
for Minnesota Racetrack, Inc. Also, you should have received a
draft of the resolution that must be adopted by the City of
Shakopee in order to make the remarketing possible.
As you may recall, the Series B Bonds were initially
issued in 1985 with the expectation that they would be used to
finance additional capital expenditures at Canterbury Downs not
covered by the initial $46 million dollars in Series A Bonds
that were issued at the same time. It was anticipated that the
Series B Bonds would be held in reserve for a five year
temporary period until it was determined exactly how much of the
anticipated expansion would in fact actually occur. The
proceeds of the Series B Bonds have been invested with various
financial institutions at a rate sufficient to pay the interest
payable on the Bonds and to provide additional interest earnings
to Minnesota Racetrack, Inc. On April 1, 1988, the Letter of
Credit and the investment agreements pursuant to which the
original Series B Bonds were invested expire and the original
Series B Bondholders must be repaid.
Mr. Rod Kress _
March 18, 1988
Page 2
We have now received a joint proposal from
Allison-Williams Company ( "Allison' ) and
Hopwood, Piper, Jaffray 6
Incorporated ( "Piper" ) indicating that they have
Potentia l investors that would be willing to purchase the Series
B Bonds for an additional 12 to 18 month Period. Allison
Piper also indicated that they wouldalso locate financial
and
-
institutions with whom we could invest the proceeds from the
sale of the Series B Bonds so that MRI would be able to continue
earning interest on the Series B Bonds at a rate
pay the interest on the Bonds as well sufficient to
interest income to Canterbury Downs. - provide additional
As you know with the difficulties that Canterbury Downs
has experienced in achieving sufficient levels of handle and
. . attendance, it is necessary that Canterbury Downs maintain all
sources of income, if at all possible, including the interest
income on the parked Series B Bonds. We, therefore, are asking
the City to adopt the Resolution in the form proposed so that we
can continue to earn interest on the Series B Bond for the
remaining 12 to 18 months of the initi
period. al five year temporary
11 at t
d f the
2 to 18
Period
determined thaththe nanticipated lexpansion will not Occur,t this
e
Bonds will be collapsed at that time and the Bondholders paid
off. Alternatively, if the operating results of Canterbury
Downs improve significantly
legislation reducingas a result of the hoped for
that tthe pari-mutuel tax, then it is possible
he Series B Bonds would in fact be used as initially
anticipated to fund expansion of the facility. However, please
understand that no use of the Series B Bonds to expand the
facility would occur without our once aapproval
from the. City for gain requestin such expansion and receiving their consent
such expansion. to
Hopefully, this letter provides as adequate explanation
as to the purpose for the requested a
Resolution for the Series B Bonds. ppro vel of the proposed
further questions, please do If you should hear
not hesof any
understanding that the itate to call. It is my
a special meetin proposed Resolution will be considered at
1988, g of the Shakopee City Council on March 11,
Please let me know if you would like anyone from MRI to
attend that meeting or if you need any additional information.
Thank you for your assistance.
Very t yours,
OCkhart
JBL/ras/6048r
cc: John Anderson
Shakopee City Manager
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Murphy's Landing Contract
DATE: March 18, 1988
INTRODUCTION'
The City is in the process of attempting to designate an
entity to operate Murphy's Landing. It is desirable at this time
that the City provide direction on this subject in response to
action taken by the newly created joint Board of Directors of the
Minnesota Valley Restoration Project (MVRP) .
BACKGROUND:
The City recently received a copy of the minutes of the
newly created joint Board of Directors of MVRP relating to the
operation of Murphy's Landing (attached) . These minutes were
transmitted by Attorney Loren Gross. The minutes give a brief
chronology of recent events relating to Murphy's Landing, MVRP
and the Scott County Historical Society (SCHS) . The minutes also
indicate that the City of Shakopee has "attempted" to retake
title to the real estate upon which Murphy's Landing is located.
The City Council should discuss what it wants to do relative to
representation, if any, on the MVRP Board of Directors.
Once a satisfactory structure has been agreed upon by the
affected parties several other matters need to be addressed
including:
- Contractural Considerations
(1) A contract between the City and the Board relative to
the operation of Murphy's Landing.
(2) The litigation relating to the ownership of the
Murphy's landing real estate.
(3) The outstanding indebtedness of Murphy's Landing
presently has.
(4) Financial elements relating to the operation of
Murphy's Landing and support for the facility.
ALTERNATIVES:
1. Approve the concept embodied in the minutes as submitted and
indicate that this reflects the City's perception of how
Murphy's Landing should be operated.
2. Suggest that the concepts be amended by making specific
reference to those areas where changes are desired and then
transmit this information to the new MVRP Board of
Directors. (Note: On the attached minutes I have underlined
and numbered those areas where the City Council might want
to make changes. )
3. Direct the appropriate City staff and legal counsel to begin
negotiating a contract between the City and the MVRP Board,
with such contract to be returned to the City Council once
agreement is reached for final action.
RECOMMENDATION•
Alternatives #2 and #3 above are recommended.
ACTION REODESTED•
Move to amend the concept for the operation of Murphy's
Landing by deleting the following concepts and by adding
the following concepts and move to transmit this
information to the MVRP Board for their reaction.
Move to direct the appropriate City staff and legal counsel
to begin drafting a contract between the City and the MVRP Board
for the operation of Murphy's Landing and direct that the staff
and legal counsel set up a meeting time to discuss this matter
with the MVRP Board.
CHRISTIAN AND GROSS
ATTORNEYS NT LAW
EDWARD M. CHRISTIAN 860. LYNDALE AVENGE 80,
LORE. 68085 MINNEAPOLIS. MINNESOTA 53140
JAME8 M. NEM PAIN EN
TELEPN ONF 8.1-0696
MAR 1 i1988
March 16, 1988 C1 YOFSHAKOPkf
City of Shakopee
Attention; Dennis R, Kraft
129 East First Avenue
Shakopee, MN 55379
Dear Mr. Kraft:
Enclosed for your information please find acopy of the Minutes
of the Board of Directors of the Minnesota Valley Restoration
Project, Inc,
You very truly
i
Loren Gross ..
LG/lem
Enclosure -
MINUTES OF THE BOARD OF DIRECTORS
OF THE
MINNESOTA VALLEY RESTORATION PROJECT INC.
Intro
During the past several months there have been continuing
,_.disagreements between the active members of Minnesota Valley
Restoration Project, Inc. and the active members of the Scott
County Historical Society regarding the operations of Murphy's
Landing, the restoration project in Shakopee, Minnesota. This
dispute between these two non-profit entities has resulted in
- the City of Shakopee attempting to retake the real estate
which Murphy's Landing upon
is located pursuant to the terms of a
deed with reservations of
certain rights given when the
was originally commenced.was
As a result of that action by the
City of Shakopee, the Scott -
County Historical
Society it was has fel
necessary to commence t
litigation to preserve its claim
to said premises.
In the meantime, the City of Shakopee has requested
Proposals from any interested parties with regard to the future
. operation of the Murphy's Landing restoration. Both the
Minnesota Valley Restoration Project, Inc. and the Scott County
Historical Society submitted proposals to the City. There were
no other proposals submitted.
At the meeting of the City Council of the City of Shakopee
on March 8, 1988, neither proposal was accepted by the City.
Instead, in an attempt to resolve all matters in a way most
beneficial to the City as a whole and to the Restoration Site
in particular, the City passed a motion stating it would enter
into negotiations for a lease of the Restoration Site only to a
group which was made up of a coalition of the two competing
groups. The City intends to retainO
jurisdiction of this matter '
by having its development director, Dennis Kraft, or such other
Person as it may select, serve as liaison and member of the
Board of Directors of the coalition group. Since the City's
representative will serve primarily as a liaison between the
City and the group, he will not be a voting member of the
group. He will, however, serve as an arbitrator in the event
of unresolved-questions --- --- - - --
Since the Scott County Historical Society has other
projects and the Minnesota Valley Restoration Project, Inc.
does not, it was concluded that the proper entity to succeed
with the coalition to the operation of Murphy's Landing is the
Minnesota Valley Restoration Project, Inc. , under the terms and
conditions contained in the following Resolutions:
IT IS HEREBY RESOLVED: -
The Board of Directors Of Minnesota Valley Restoration
Project, Inc. shall consist of six persons, namely: -
-_ Dr. Laverne Rippley
Michael Eischen -
- - Dr. Roland Pistulka -
_ John Manahan - --
Loren Gross -
Fritz Eller
These six persons s.
hall serve as members of the Board
Of Directors as provided ithe
Valley Restoration Projectn Inc,BY-Laws of Minnesota O
the Board is enlarged, it shall In the event that 2
mem ers u on eac be en ar e b two
Or-Directors s en ar ement, T e maximum number
members to a e ten. New members or
the Board of Directors shallsuccessor
by approval of not less than be appointed
the remaining Directors, eighty percent (808) of
IT IS HEREBY FURTHER RESOLVED;
Insofar as necessary, the Articles and the B
Minnesota Valley Restoration Project
amended to conform By of
to and Inc.Inc• shall be
tions, incorporate these resolu-
IT IS HEREBY FURTHER RESOLVED;
Upon enactment of these resolutions, it shall here-
after require e
the Board ofghty percent (808) Of the members of
BYDirectors to amend the Articles or the
-Laws of Minnesota Valley Restoration Project, ,Inc.
IT IS HEREBY FURTHER RESOLVED;
The Board of Directors as above named shall
immediately to select a Properly qualified
sional person to Proceed
Murphy's Landin serve as full-time Director ofes-
the intent Of g• Said Person shall be chosen with
the hi
of the site, theecollections aIstorical authenticity
on the site, and the f historical artifacts
cal restorat ' financial health Of the
_ June 1 eon• Said director should- • 1988 r-to-takefull responsibility-chosen by Port- only to the Board of and to r -
Valley Restoration Directors of Minnesota
than July 1, 19Bg Project, Inc. beginning not later
BE IT FURTHER RESOLVED;
That the current
tinue director, Mar a Henderson,
o serve as suc unti shall con-
an a previous reso er successor as stated O
an to es uteons, s a
s a e ac ar e, It es expecte ' ave een c osen
e to leave the site that Marge Henderson
has been sufficientlywhen the new d '
but not later an
with erector
shall than September 1 h the operation
be entitled to be • 1988• Mrs. Henderson
her transition duties paid ri her current rate
completed, as described herein until
have been
lAction
from the
Alert
183 Oni),ersitp Ave. E., St. Paul, MN 55101-2526 (612) 227-5600
fit:w� .f"I3
March 9, 1988
MAR1 11988
To: Mayors, Managers, Clerks CITY OF SHAKOpEE
From: Joel Jamnik, LMC Legislative Counsel
Re: WORKERS' COMP REFORM--BILLS WILL INCREASE CITIES' COSTS -
The Senate Employment Committee considered several workers'
compensation bills on Monday and Tuesday, March 7 and 8. These were
"smaller- issue bills that will precede the omnibus workers'
compensation reform bill.
Among the bills the committee discussed, two will directly and
significantly impact city budgets. The first is S.F.1304 (Merriam,
Pehler, Kroening Adkins) which would provide that "a firefighter on
active duty with an organized fire department who is unable to perform
-_--_-- duties in the department by reason of a disabling cancer of a type
caused by exposure o hem at, radiation or a known or suspected
carcinogen. . .is presumed to have an occupational disease. . .0
The presumption is similar to the current heart and lung presumption
for police and fire employees. The presumption is legally rebuttable,
but, is practically impossible to effectively ^rebut.^
The committee took action based primarily on testimony from a from John
Hopkins University doctor, who indicated that firefighters have a
higher incidence of cancer than the general population. The doctor
claimed that this higher risk is due to firefighters' greater exposure
to hazardous substances. The doctor is on retainor with the
International Association of Firefighters. The Legislature has not
heard testimony on any truly independent studies.
The bill currently only covers firefighters who contract or become _
disabled by cancer while on active duty, but will likely become broader
in the future with court or future legislative amendments.
The League has been unable to estimate the full cost of this bill, but
it is likely to be significant.
- 0 YEn-
The second bill, S.F. 1739 (Ramstad Judet would calculate the benefits
payable to volunteer firefighters by using the wages that full-time
firefighters in surrounding communeecAive. Currently volunteers
receive benefits based on the wages or compensation they actually lose
by reason of being disabled from performing volunteer firefighting
duties.
In addition, another section of the current state workers' compensation
law requires adding in lost wages from other employment. The effect of
the S.F. 1739 proposal would be to consider a volunteer firefighter as
being disabled from two fully paid, 40 hours per week jobs. It would
almost certainly ensure that every volunteer firefighter would receive
the maximum statutorily permitted benefit amount for every injury.
The combined impact of these two bills will necessitate hi her remiums
from LMCIT, private insurance carriers, and higher casts to
self-insurers. Both bills will11--
Element
i e y e ear in a House
Labor-M lement Relations Committee the week of March 13.
The League urges city officials to contact their legislators regarding
the impact these b111a could have on cities.
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Action
from the
Alert Leagueof Minnesota Cities -I I P111
183 University Ave. E., St. Paul, MN 55101-2526 (612) 227-5600
March 16, 1988
To: Mayors, Managers and Clerks
From: Joel Jamnik
Subject: DOER seeks comparable worth plan review authority
The Department of Employee Relations (DOER) , led by Commissioner Nina
---Rothchild, is attempting to greatly expand the department's authority to
review the comparable worth study and implementation efforts of local
governments.
Without consulting with any representatives of local government, the
commissioner lobbied successfully to modify the department's bill, H.F.
2250 (Jefferson, DeBlieck) , in the House Governmental Operations
Committee.
The committee added two sections to the bill.
Section 15 provides that a local government has complied with the pay
equity law only when -the average compensation for female-dominated
classes is equal to the average compensation for male-dominated classes
-
of comparable skill, effort, responsibility, working conditions, and
other relevant work related criteria.'
Department staff have said that this section applies to the salary ranges
for positions, but the term -average compensation- seems to imply
measurement of actual compensation of the incumbent employees, thus
totally overlooking seniority, merit, or bargaining factors.
Section 16 provides that "the commissioner of employee relations may
review a study performed by a political subdivision under [the pay equity
law] upon request (emphasis added) . If the commissioner determines that a
study does not provide an adequate basis for establishing equitable
compensation relationships. . . , the commissioner shall direct the
political subdivision to make corrections necessary to provide an
adequate basis.-
This section would allow anyone to request that the commissioner review a
political subdivision's study. The commissioner could then make a totally
discretionary finding that the study isn't valid, and subsequently force
the political. subdivision to make corrections.
- over -
Page 2
The League and the Association of Minnesota Counties testified in strong
Opposition to these two sections of H.F. 2250 when the bill was heard in
the House Local and Urban Affairs Committee on Tuesday, March 15.
Following our testimony, the committee moved to delete the words -shall
direct^ from Section 16 and replace them with the words -may recommend. ^
This amendment takes some of the teeth out of the section, but what
remains still is against the interest of local governments.
The companion bill, S.F. 2003 (D. Moe, Wegscheid) is still pending on the
Senate floor and does not contain sections 15 or 16.
Please contact your legislators immediately to oppose H.F. 2250, unless
legislators remove the sections dealing with pay equity. The League has
indicated cities willingness to work on further legislation in this
area, but strongly opposes any legislation which is sprung on cities
midway through the session.
I
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJ: Street Cut Policy
DATE: March 22, 1988
INTRODUCTION:
Attached is an application for a Street Cut Permit submitted
by Al Rybak for a sanitary sewer service replacement at 750 South
Shumway Street.
BACKGROUND:
The above referenced sewer service is apparently 95% blocked
and needs to be replaced. The history of this area of Shakopee
suggests the existing service of transite material.
Administrative Policy No. 150 requires approval of City
Council for a street cut in a 0 to 5 year old street. Shumway
Street was overlaid in 1986. I believe the policy did not intend
to include overlay streets in the definition of a "new" street.
The definition should include a newly constructed or
reconstructed street where, by policy, all services are inspected
and or replaced before new surfacing is constructed. A gray area
exists in the definition or interpretation, however.
ACTION REQUESTED:
1. A motion by City Council approving sanitary sewer
replacement at 750 South Shumway Street by Permit
No. 88-03-01.
2. A motion by City Council approving an amendment to
Administrative Policy No. 150 excluding overlay streets
in the definition of new streets.
RGR/tiv
PERMIT FOR WORK IN PUBLIC RIGHT OF WAY
129.E, 1st AVE. CITY OF SHAKOPEE 445-3650
1 PERMIT 2 PERMIT FEES
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10 APPROVAL FOR PERMITTEE 11 DETOUR APPROVAL
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13 INSPECTION RECORD
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.<0.2N 10/82 ..
Ordinarily unsigned letters are listed with the non-agenda
informational items. Because there is no non-agenda informa-
tional memo with this agenda and because this party wants
Council to receive this letter before March 22nd, we are
enclosing it at this time. It is not to be on the agenda!
. - "arch 14 , 198u
Dear City Council members ,
I have been silent, knowing that you were all i._teill gez:lw i ess�1��8
people and r had faith in you to naketne correct decision_ cQrni::.-
he R.F_p. ,s for cor_trolling factor o_ "urphy's L,andin�. AK,)P,
I did have a rather rude awa�ering, loosing muc'n O' -- nss .ect 'or
people in hign places being able '�o make informed business-business-. �
decisions, withou4 politics or favoritism.
- --
I amconvinced that some members of your council did not even look
over the R.F.P. 's or the budgets attached for the 1988 season.
rurphy's Landing is a very viable tourist attraction for the shakopee
and State of YN area. You should want to keep those tourists coming,
they eat in ourmrestaurants, sleep in our hotels, buy our ,as and shop
in our stores. The merchants of those estpablishments use their income
to pay our taxes, create new jobs, build new houses, and attract new
industry, please do me afavor, along wit'.: the other residents and
tax payers of tnis community and once again, ta_:e a look at the budgets
in the R.F.P. 's and compare them, respectively.
I realize that you are allin a difficultsituation deciding on this
problem of l;narphyls Landing-- but that is why you are council members
and that is your appointed job, please do not let down the city^of
Shakopee by not wanting to hurt any particular group. Politics and
emotion are part of every mans make-up, but you set in a very important
position and a business decision is what is needed here , not-who likes
or is affiliated with what group. you asked for ?.?.P. 's, use themto
base your decision on.
T think any average person could look at the budgets and make a clear
decision as to with direction should be pursed. The choice in dollars
and cents is :.o go with a group that comes up over ;,8,000.Ou in the
hole, on a skeleton budget with no .place to cut expenses, or a group
that ends the year with over $31,000.00 in the black. yew, I do realize
this decision carries with it more problems than just financial. 3u#
just for instance, just the capital improvements that are very real arld
very expensive, just to keep the place safe. has a budget of
$35,000.00 for this, while SCHS• carrys nothing. Wasn't one of SCHS13
complaints about YVM is not keeping up with restoration ? How they
can in good faith submit such a budget is beyond mg but then several
members of your city councilevidently did not look-into that fact.
!.TRP submitted plans, to infact, hire a foreman of maintainace & res-
toration, a currator, and a Volunteer Co-ordinater, and have the funds
to do that. SCHS has no salary to allow for quality employees of this
nature. m7RP has gained enough succes to actually offer benifits to
their year round employees, will this hold true under SCHS, so that
good, educated, professional employees would be attracted to yLurphy's
Sanding?
WVRP has, many places in their budget where expenses could be out, if
their realistic income is not forth coming, where SCHS' has no such
options and will be at many future council meetings to ask for addition-
al dollars. Their budget is so weak they even include $100.00 per ,
month vending (pop machine) income while the site has no tourists in
the "off" months - aswell as 4 Family memberships wined each month,
even when'the site is closed- realistic ? I pray not, not when they Fr
have such a small advertising, phone, salary, and postage budget.
2
SCHS is looking at the rent from their 9 apartments as their second
higgest income, I understand these are mostly HRA' housing. Do you
see any full-time maintainance salary or supplies to take care of
these renters , or their housing? Does the city really want BRA_in-
spectors being involved when renters rights are not met ? Mine
dwellings mean nine places to keep up and money is needed to do that,
perhaps HRA officials should be consulted with about past repairs and
costs on buildings, with water, furnaces, doors, storm windows,roof, ect,
that tend to fall apart and need repair.
SCSH salaries tend to indicate not much for staffing, but lots for
Volunteers. Have the Volunteer Board rembers been contacted for a real-
istic look at that market? How many volunteers are ready to walk, how
many will stay, what hours are given, what jobs do they supply, what
direction and training is needed with them? . How reliable are they and
in what numbers and forces? Wasn't one of SCHS's complaints of 4AVRP
about not having adequately trained or knowledgeable interpruters?
Seems to me, SCHS 's budget couldn't possibly cover much education or
training or quality staff- unlike h±VRP's budget and past history record.
The past history of these two groups is like high fiction reading, with
skeletons and law suites abounding. Look to the future instead of 'rl
taking the whimpy way out by joining two such different boards, that,
will only make the future as bad and as confussing as the past has been.
People have dreams about rlurphy's Landing, please let the group that
can financially bring those dreams into reality have the controlling
factor. These two groups were joined not so long ago and didn't SCF_S
members submit their resignations at that time? Do you honestly think
this time will be any different?
The fact that SCES wanted to hire a historian seemed to pull some council
members towards them, so use your head and order '^.'RP to hire one, re-
taining operation of rdurphy's Landing. They aay they have one as a con-
sultent now, but most importantly, they--have business administation,
DO NOT take that away, for the same reasons that major symphonies do not
have a musician running them, anymore than a hospital has a Doctor deing
their business adni.nistertIg . Also, the fact that r,9RP has a benifa0tor
should not be looked at as a bribe, for this has gone on for years- use
your business intelligence and find the many very good reasons that these
benefactors have choosen !,VRP over SCHS-,and make the same responsible
business decision yourself. -
Please re-rend the R.F.P. 's and pay particulat attention to the budgets.
MVRP's commercial endevors are needed, they are done quietly and tas'befu$
Let Izurphy's Landing fulfill the potential it was ment to in it 's origin-
al plans, done so many years ago.
There is, of course, more involvement for deciding either way than wh&
I have written here. You guys are in a tough place, but please pay
attention to what I have written. Ask for a new vote so that he ci*
of Shakopee may grow and prosper, and so that many future generations
will be able to learn about their for-fathers. I want a promise that
Murphy's Landing will be here for those future children- the only good
guarentee of that from these R.F.P's, is to let 7?0RP have the controlling
factor on their own, with the city retaining the land and a staff liason
council member to keep the city informed.
A'_City of Shakopee resident
and voting tax payer
Star Tribune /M (lona/
22Es Friday/March 18/1988 J "
Museums
s Evidence of a retail surge at the
®pen shop
.7 nation's 6,500 museums can be
found in the membership of the
® set _ Museum Store Association, Beverly
executive director of the
Denver organization, says member-
ship
o ship has grown from 400 in 1980 to
lag in gifts 1,200 today.
Museums aren't alone In realizing
By Laurie Itow that nonprofit does not mean no
Income.
San Francisco Examiner
Among some of the nation's most Greenpeace USA,the environmen-
prestigious museums,retailing is tail advocate,operates four stores,
becoming an art. In San Francisco; Santa Cruz,
Calif.;Key West, Fla.,and Province-
The nation's largest museum mer- town,Mass.
chant, New York's Metropolitan -
Museum of Art, rang up$52.9 mil- Graenpeace sells books,toys, _
lion in book, bauble and memorabil- posters,videos and T-shirts, as
is sales last year. well as a$22 111 support Green-
peace" umbrella that comes with
The Smithsonian Institution ranks information on acid rain.
No:2;drawing shopping crowds -
that would make Bloomingdale's Lauren Preziose,Greenpeace's na-
proud.Sales from Its catalogs and tional merchandising coordinator,
16 gallery stores,all in Washington, - expects the San Francisco store to
grew tom million last year. generate about$500,000 in sales
this year,with a 15 percent profit
Other Institutions across the nation margin. Proceeds will help finance
argfollowing the lead. the activities of the group's West-
em,region.
Ont of the reasons for the store The Sierra Club also operates a -
bogm,museums say,is that public
funds and private donations are half-dozen bookstores.And the an-
fallfng short of rising expenses. vironmental group's 4-year-old mail
+ Proceeds from stores provide small order operation generated about$3
butivaluable Income,they say. million in sales.A"small" profit
- was applied to the club's$28 mil-
;. :fhoJgh museum stores have been lion operating budget,said Leonard
-- @volving for a decade,they really. Levit,vice president of finance.
blossomed about Ove years ago,
More directors say. Since then, Non profit stores have attracted not
they've been spruced up,expanded only the attention of shoppers;
' shd stocked with enticing gifts. _ they've also caught the eye of tax
-• c collectors.
Thi Met even operates a conces- -
sioh In Macy's department store The Internal Revenue Service ran-
and another In the mid-Manhattan domly audits the shops and in
branch of the New York Public Li- some cases has ordered income
bh4y. Under Its own roof,the Met taxes paid on sales deemed unre-
has about a half-dozen'Shops,in- lated to education.Among goods
clu6ing a two-story, 12,500-square- excluded have been T-shirts,wind
foo4 main store. chimes and some postcards. -
t .., i � - Nonprofit outlets are doing a bang- '
fn total,the $19 retailing division, P
- including its$19 million mail order up business in part because they're_
„- groLp,contributed$9.2 million to developing unusual merchandise,
the;museum's$115 million operat-- much of which is created with the -
Ing6 udget fast year. help of museum curators. Museum
store revenue is also benefiting
"Museums areggetting more seri- from higher attendance at muse-
ous about retailing;' said Kurt ums'turnstiles,the result of a bet-
Fr e{chtmair,mainager of the Explor- ter-educated public.
atoothum store in San Francisco."tri-
stores, Another factor fueling sales is that -
stead of dusty,musty gift --consumers are bum Dods as a�:- -
they're giving them space and re- buying g g `--
sources.They're recognizing them - show of support for the Institutions:.
is an IntegraY part of the Institu-
tions.".
nstitu tions.:
As part of that effort,`museums are °-
-turning to Industry professionals._- _
reffier than volunteers,to run thea RECEIVED
atones"- -
- ' Atihe Smithsonian;for Instance,-- — -_--'—_- - MAR 81988
' John Glesecke,a former manager
r_ ofthe famous Neiman-Marcus cat- CITY OFSHAKOPEE
alog,heads its$20 million mall or-
!. : -'clan business.Stores are managed
by Samuel Greenberg, a veteran of- -- ---- — - — : -- -
retailers Filene's and Zayre Corp: ----- --- ---- - --r
MINNESOTA VALLEY RESTORATION PROJECT, INC.
BOARD of TRUSTEES MEETING
Wednesday, March 9, 1988
PRESENT: Ron Weiler, Gloria Vierling, Mike Eischen, Dick Mertz, Dave Leitchman, Marge
Henderson,Jake Manahan, Geri Nelson.
The meeting was called to order at 7:15 p.m. A motion was asked by Ron Weiler for approval of
the minutes of the meeting February 10, 1988,seconded by Dave Leitchman. The motion passed
unanimously with Vierling and Mertz abstaining, because they were not present.
The director reviewed the financial statements, bank balances and accounts payable. The letter
from the Scott County Attorney's Office concerning the Gary Eastlund trial and the help which
Marge Henderson gave in resloving this matter was noted.
At this point Jake Manahan arrived and proceeded to outline the choices for M.V.R.P., Inc. in the
management decisions by the City of Shakopee.
1. To approve a coalition board, term 1 year with 3 members from SCHS and 3
members from MVRP, Inc. Ripley, Gross, Pistulka, Eischen, Manahan, Nelson. (Nelson
refused)
2. Withdraw
3. Advise Council can not arrive at an agreement and ask them to pick.
The discussion covered the pertinent topics covered by Henderson, Manahan, Pistulke and Gross
at the Council meeting,and the Boards' reaction to them. After lengthy back and forth Dick
Mertz moved to pursue the first possibility of a coalition board. Mike Eischen seconded - with
Manahan clarifying that Marge and Jake would go ahead with implementing, subject to the final
Board approval of the written coalition resolution,drafted by Loren Gross of Scott County
Historical Society. Passed with a voice vote: Weiler, Yes;Yierling,Yes; Eischen,Yes; Mertz,
Yes; Nelson,Yes; Lietchman,Yes; Manahan,Yes; Henderson,Yes.
Geri Nelson reported 70 adult volunteers(not counting the Board Members) and 24 young
people in 1987 put in 7,450 hours of work.
A motion was made by Mike Eischen to ask Fritz Ehlers to join the Board of MVRP, Inc.,seconded
by Ron Weiler. Motion passed.
The annual meeting date was set for Wednesday the 13th of April 1988,at 7:00 p.nm.
Adjournment at 9:15 p.m.
Respectfully submitted,
Geri Nelson
Murphy's Landing
Mi-60e Vaae nec[ 00n lac. Av8la .of 1890-1880
2187 E. Highway 101 Shakopee, Minnesota 55379
(612) 445((6900
70: Mayor and City Council, City of Shakopee
f'ROTt: Marge Hentlersoe-77�
DATE: March 21 , 1988
RE: Coalition proposal drafted by Loren Gross, Scott County
Historical Society, for Minnesota Halley Restoration Project, Inc.
Just to clarify the last paragraph of this document which relates to
me personally, 1 would request that my intent to uacate the position
of director of Murphy's Landing upon the hiring of a new director be
noted. I do not intend to stay on site to familiarize a new director as
stated in the proposal. Open request of the Board of Directors, I am
open to negotiating a short term contract for consulting seruices.
Murphy's Landing
AH111..31660-3880 —
2187T Highway 101
Shakopee MIm.a..ta 55379
77\7Z�� 1
rTDm the Director's Notebook.
The fast months have been busy preparing for an exciting and
busy 1988 season. No glitz or glitter, but enthusiams and
drive to bigger and better heights professionally and of course
financially. The 1987 season ended with an overwhelmi.ncj
total of 42,261 people passing through our gates, 5,665 over
1986 or an increase of over 15A A . (fats off to all, of you who
participated time and talent to achieve this goal)
'in another area, we have been negotiating with the City of
Shakopee to retain TLVR.P management privileges over the site.
At the narch 8th meeting Of the City Council, the motion was
adopted directing the Scott County Historical Society and
Tti-nnesota Valley Restoration Project, Inc. to form a workable
coalition and draft a viable operational plan. This would
include a new Board comprised of SCM and nVRP members.
On March 22, 1988, this document ;would be presented to the
Shakopee City CounciL for f anal approval. The annual meetincj
of nV", Inc. will be held at nurphy's Landing on
Wednesday, April 13, at 7:00 P.n. At that time it is planned
to seat the new board.
We are truly Messed-here-at_ im tt 'sLnndingKa -have•6een- -
entrusted to preserve not only our heritage, but also to be
caretakers of a magnificent piece of land endowed with all its
natural beauty. We need you to keep the faith!
?Targe 3fenderson
March 22, 1988
To the Mayor and Counc!Imembers of the City of Shakopee _
There were two women. They both bore sons. The first had her son die in the night. She took her dead
son and exchanged it for the living son of the other. Now both women claimed the living baby as her
child. The one said 'The living son is my son;the dead one is yours'and the other Insisted 'No, the
dead one is yours and the living is mine ' So, the two women were brought before the king. After
having both of the women argue her case the King said, 'Bring me a sword', so they brought him a -
sword. He then gave the order 'Cut the living child in two and give half to one and half to the other."
May I submit to the council that that is exactly what you have attempted to do by insisting on the
establishment of a coalition board with equal representation. you have taken a perfectly healthy entity
in Murphy's Landing and ordered it cut in two. Half to the Scott County Historical Society and half to
the Minnesota Valley Restoration Project. This kind of board existed In the past and met with dismal
results because of narrowmindedness and secret factioning on the part of some of those board
members. Councilmember Vierling was a member of that board. She stated at the July 18th council
meeting that she 'thought everything was working well, but apparently there was a hidden 'agenda':
After trying to push through plans and people without NII board approval and falling, the Scott County
Historical Society members of the board said in effect-if you wont play the game by our rules we'll
take the football and go home. They quit the board. It has been tried and It does not work.
I feel the statement made by a few council members that "1 don't care what happened in the past, that
was then and this is now...' is extremely shortsighted and smacks of an ostrich 'head-in-the sand"
syndrome. It is as though the council does not want to make this difficult decision. A coalition board is
an easy,quick-fix way out for the council. Why is it that most people want to take the front seat on
the bus, the back seat at church and the middle of the road on decisions? He who sits on the fence too
long usually gets splinters in the end!
The only valid way to look at any issue that has been going on for as long as this issue has been has to
be against a backdrop of history. I suggested to two of your members who were not an the council last
July to seek out the minutes of the July 28th Public Hearing on the matter. At that hearing I was
Present, the rest of the council was here with the exception of Mrs. Lebens, the room was packed and it
was apparent to those here and is apparent in the minutes of that meeting, that the Scott County
Historical Society was terribly unprepared. One of the things that can be determined from a Public
Hearing is public support. It was equally as obvious that the Minnesota Valley Restoration Project had
and still has that support. Documentation has shown how poorly the site was managed under the
Historical Society and the tremendous improvements under the guidance of the M.V.R.P. My family and
I heard the countless adjulations of the visitors last summer regarding the vast improvements over
previous years. Even the work and planning that went into the respective R.F.P:s, I believe is very
Indicative of how you may expect the site to be run.
Clarence Darrow once said, 'History repeats itself, That is one of the things that is wrong with
Wska y: We ten baro from pbtory. That is its tramemdaus v,skm. That is why we are trying to
preserve history at Murphy's Landing. That is why you must look at the history of the two groups here
discussed. Judging from the track record of the two groups in question, history certainly will repeat
Itself in a negative recurring cycle If the Scott County Historical Soceity is allowed to have a
controlling hand in the day to day running of Murphy's Landing!
What of that living child that was ordered cut in two by the wise king. The real mother was filled with
compassion for her son when she heard the order and said to the king,Please, My Lord, give her the
living babyl Don't kill himl' Whereas the other said, "Neither I nor you shall have him. Cut him in
two!'
When you sent the MVRP and Historical Society representatives Into session to come up with a coalition
board it was like hearing those words 'Cut it in twol' Demands were made by the Historical Society
that none of the old guard MVRP people would be allowed on the new board. It was demanded that Mrs.
Henderson, who has been the driving force behind getting the revived site back on its feet., as
director,could not be on the board. Instead, they demanded that two brand new people to the MVRP
board and one with only a couple years experience be the MVRP representatives on the coalition board.
It was argued with but finally agreed to by the MVRP representative so that the site could survivie,and
knowing full well that the historical society was getting everything it wanted and was succeeding by
intimidation in this area as it had in others.
The story of the king is true. It occurred 3000 years ago in the nation of Israel. It is the story of King
Solomon, the wisest man ever to live. you may read the entire account yourself. It too is a matter of
history and public record. It is In the Bible - I Kings 3:16-28. King Solomon made a wise decision upon
seeing the true hearts of the two women. He said, 'Give the living child to the first women. Don't kill
him. She is his mother."
I ask you council members to take this opportunity to be as wise in your rule as King Solomon was In
his. It has been said that "The one who makes a mistake and doesn't correct it is making another
mistake: Look deep, see the hearts for what they really are. The vindictiveness of taking the football
and going home by quitting a viable board and saying 'Do it our way or well continue our legal action
against the city'or the open honest attitude of"Look at where we have brought the site in a year, look
at our proposal with no hidden agenda and let us go forward and continue on the track record we started
last year.-
Now,
ear:Now, as one final comment. If you really feel that a mixed board is still desired and everyone wants to
be tdaeltot.ic,tl x tat it cones about,W Hb line addition of Hysterical Society rwesentatWts to Ut
already existing and operating board of the Minnesota Valley Resotration Project. Let the Historical
Society get back in the arena of the game by the same door through which they left]
Tm' n
JI ohne �// c