HomeMy WebLinkAbout11/29/1988 TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA NOVEMBER 29, 1988
Mayor Dolores Lebens presiding
11 Roll call at 7 : 00 P.M.
2] Review of Scott County Assessor's Office Appraisal/
Assessments of Shakopee Properties
3] other Business
4] Adjourn
Dennis R. Kraft
Acting City Administrator
MEMO TO: Dennis R. Kraft, Acting City /Admi)nistrator
FROM: Judith S. Cox, City Clerk/ �tyI✓
RE: Review of Scott County Assessor's Office
Appraisal/Assessments of Shakopee Properties
DATE: November 21, 1988
Introduction
On November 1, 1988 Council directed appropriate City officials
to set up a worksession with Mr. Gerald Garski and Mr. Steve
Hurni, representatives of the Local Government Services Division
of the State Department of Revenue.
Background
Both Mr. Garski and Mr. Hurni of the Local Government Services
Division of the State Department of Revenue will be present at
the Council worksession on November 29, 1988, at 7: 00 p.m. They
are coming at Council's request to review the Scott County
Assessor's Office appraisal/assessments of Shakopee properties.
Attached for your reference are copies of the September 30, 1988
letter from Mr. Garski and the October 7, 1988 letter from Mr.
Garski. The letter dated October 7, 1988 more properly addresses
question No. 2 in the letter dated September 30th as well as
addressing hotel/motel valuation practices.
JSC/jms
STATE OF MINNESOTA --- -
DEPARTMENT OF REVENUE
Mail Station 3340
St. Paul, MN 55146-3340
OCT- , 1988
September 30, 1988
+coPEE
John Anderson
City Administrator
City of Shakopee
129 East 1st Avenue
Shakopee, Minnesota 55379-1376
Dear Mr. Anderson:
Pursuant to your request for information regarding various assessment
practices of the Scott County Assessor's office as they relate to the
City of Shakopee, we present the following:
1. The Scott County assessor's office uses a gross rent multiplier
(GRM) method to value four or more unit apartment buildings.
This method is used nationwide and is recognized by all
appraisal/assessment organizations including the International
Association of Assessing Officers as an accepted method of valuing
apartment buildings. Personnel in the assessor's office appear
to understand both the theory underlying the use of the GRM and
its application to rental property. Median sales ratios for Scott
County show apartment property being valued at 101.2% of market
value; within the City of Shakopee this ratio is 99.9% which indicates
the valuation of apartment buildings is being done correctly.
2. The difference in the value of vacant land at the junction of
highways #13 and #42 in Prior Lake/Savage is due primarily to
the fact that the SW corner of this intersection, which is in Prior
Lake, has city sewer and water while the other three corners
in Savage do not. Additionally it does not appear that Savage
will furnish sewer and water to this area in the near future. This
fact obviously has an impact on the value of the lots and this
has been recognized by the assessor's office in their estimates
of value for the property. County wide vacant land appears to
be valued on a consistent basis although, since no sales ratio is
developed on vacant land sales, we have no demonstrable proof
that vacant land is valued within a certain level of its actual market
value within Scott County_
AN EQUAL OPPORTUNITY EMPLOYER
John Anderson
September 30, 1988
Page Two
3. Attachment A is a five year history of the sales ratio for Scott
County depicting the median sales ratio and number of study items
for each city and town in the county by class of property. Please
note that the city of Shakopee appears to be assessed very closely
to the assessment level of the total county. This would indicate
the presence of a consistent assessment.
4. Attachment B is a printout showing the mean and median and
aggregate ratios, coefficient of dispersion and index of regressivity
for Scott County in total as well as all cities and towns within
the county by class of property. This information is only available
for 1987; no historical data is available. The various ratios are
the same information as was shown on the five year history noted
in #3 above.
The coefficient of dispersion is generally accepted as one of the
prime indicators of the quality inherent in a mass appraisal system.
The smaller the coefficient the more uniform the assessment. While
no definite number can be stated as the ideal coefficient of
dispersion, the International Association of Assessing Officers
has adopted the broad standard that coefficients should be in the
10-20 percent range. Most of the county coefficients and all of
Shakopee's fall within this range.
The index of regressivity or price related differential attempts
to measure whether an assessment is regressive or progressive.
For example, whether low cost homes are valued more closely
to the actual market than expensive home. Indices in the .95-1.10
range are considered acceptable with 1.0 being the best.
Unfortunately a meaningful index cannot be construed with a sample
size of less than 25 so most of the data shown for property classes
other than residential is of questionable value. However, the
residential price related differential for Scott County as a whole
and Shakopee in particular are very good.
5. Attachment C shows the State Board of Equalization changes Scott
County has received over the last three years. It is difficult to
determine if these changes represent a "normals county's typical
change orders. In 1987 the State Board applied change orders to
54 counties and in 1988, 62 counties inclulding Anoka, Carver,
Dakota, Hennepin, Ramsey, Washington and Wright. These counties
are metro area counties with some of the same growth oriented
assessment problems as Scott. Some change orders applied county
wide while others applied to only one city or town. Probably the
most accurate generalization that can be made concerning State
Board orders is that whenever a county has a class of property
which is involved in a volatile market situation it is more likely
to receive a change order than a county with static real estate
markets. Attachment D is a summary of the 1987 State Board
of Equalization changes which shows the rather random nature
of the changes.
John Anderson
September 30, 1988
Page Three
6. The assessor assigned by the county to work in the City of Shakopee
is Mr. Robert Schmitt. Mr Schmitt holds the designation of Certified
Minnesota Assessor Specialist which is the second of the four levels
of licensure given by the State Board of Assessors. Mr Schmitt
has had the following specialized assessor education:
Course A - Assessment, Law, History and Procedure - 1 week
Course B - Residential Appraisal- 1 week
Course P - Farm Appraisal - 1 week
Course H - Mass Appraisal- 1 week
IAAO 2 - Income Approach to Valuation - 1 week
IAAO 4 - Assessment Administration - 1 week
Seminar- Grain Elevator Valuation
Property Tax Appeals
Expert Testimony
In addition, Mr. Schmitt has written an appraisal report of a residential
structure which has met the requirement of the State Board of Assessors'
grading committee. Mr. Schmitt would seem well qualified as an
assessor.
I hope this information suits your needs. If you have any additional
questions we will attempt to answer them.
Sincere ,
GERALD D. GARSKI, Assistant Director
Local Government Services Division
(612) 642-0483
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L BOARD CHANGES OF RHAL AND YL 1. ItOPEµ(y VALUES F?R toss_
To the County Auditor of SCOTT __County //17'r4 c;* _-. F
The Commissioner of Revenue does hereby certify that this form and the following schedules consisting of I 1 pages are a
true and official copy of all changes (including any values on For in PT 54C) in the assessment of real and personal property
pursuant to Minnesota Statutes Section 270.13. The County Assessor is hereby directed to enter upon the assessment rolls of
his county for 1995 these chanyes (including any values on Form PT 540) pursuant to Minnesota Statutes Section 273.061,
Subdivision 9.
tJam
Minnesota Commnsioner Re or e
L ilov 15 jars ,f ) 0�1
For: Va.t-., c,
Assessment District Classification artd Kind (Land, Per Cent Per Cent
Structures) of Property Increase Decrease
Cities:
Belle Plaine Residential Land and Structures +10%
Jordon Residential Land and Structures +15%
Prior Lake Residential Land and Structures +5%
Townships:
Spring Lake Residential Land and Structures +5%
County-aide Apartments Land and Structures +15%
County-wide Commercial Land and Structures +15%
Except:
New Prague, City of Commercial Land and Structures +20%
I
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This is an order of the State Board of equalization and can not be appealed to the Minnesota Tax Court
NOTE: Each utility owning property within your county is a moiled to one 4c classification pursue no to M.S.273.13,S u lid.9.Plea se asses s l'
one parcel for each utility using this classification in order to comply with the provisions of this star ore.
tTgr�--pUIyNB BNAM4Hlr 4Y M1Eq{. qNp M4t1ry11Ngr. YryUYCM1TY Vg6UKti •� .uu_r
as
To tha County Autllmr of R('OTf County - -
The Commissioner of Revenue does hereby cervi fly that this form and the fon owing schedules consisting of pages area
true and official copy of all changes (including any values on Form PT 54C) in the assessment of real and personal property
pursuant to Minnesota Statutes Section 270.13. The County Assessor is hereby directed to enter upon the assessment rolls of
his county for 198 6 dense changes (including any values on Form PT 54C) Pursuant to Minneso Statutes Section 273.061,
Subdivision 9,
Dam 7ndPer
November 14, 1986Assessment District Classification and KiCent Per Cent
Structures) of Prrease Decrease
City of:
New Market Residential Land and Stru0%New Prague Residential Land and Stru -10%
Prior Lake Seasonal Residential Recr0%
Structures Only
This is an order of the State Board of Equalization
NOTE:Each utility in Q atlon and cannota appealed to the Minnesota Tax Court.
Y own9 property within your county is entitled to one 3a classification pursuant to M.S. 273.13,Subd. 21.
Please assess one parcel for each utility using this classification in order to comply with the provisions of this statute.
I
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The CaThmjsrh,h,c.of ^7Es pamGy certlrytMttM1alo•m.rW the rdl i �— -
Y e on Form 1>{G4C)In the upwame��a al .. .a,
end official copy o sl i ��r including any el / -..•
to Minnesot a D:e+otes?.- monast"fooery.,
1 wn...n,"
van(including
a i 3.The County A"54c is hereby directed e1.s enter upon the ceeesamenvdb or his r:oumy
This is these•ofthe Sate Board
of Equny alization
Fond ca not be igppral d,Mtn.mite,Stetutee section 2�3.e6 t.Subdivision 9.
This is an order of the State aomtl of r:quelizetion and cannot be appealed a M�nnasota Tax-,
Dab r..ou.Fommbel I d asen
November 10, 1987 7�;; '( r�, - '' ./'✓�✓J
Assessment District Classification and Kin d, at Cent Per Cent
Structures)of Property Increase Decrease
City of:
Savage, Elko, New Market Residential Land and Structures +5%
New Prague - Residential Land and Structures +10%
Prior Lake Seasonal Residential Recreational +10%
Land and Structures
Shakopee Commercial-Industrial Land and Structures +10%
Township of: 1
Cedar Lake, Jackson, Louisville Residential Land and Structures +5%
Credit River, New Market Residential Land and Structures +10%
NOTE. Each utility ownlnp preany within your coumY•^ey.ec—erne lowe.asaesemom mre proven.+a:,Clne:9amow•1Y for onlyone parcel.'p•nprny The,par.el-1cn
candhoea lo•Me law e,......men..... the Se ll aminose P.openY Tut T•nn-'io.C•Wneep•ovW&ain M.S.270.1195.
.. r r � i .� J i ✓ �• e .� ✓ s a ,. d
NUMERICAL SUMMARIES OP STATE BOARD bE EQUALIZATI09
TOTALS �C-kf R7✓�1 �. >
COUNTIES IN STATE 87
CITIES IN STATE 855
TOWNSHIPS IN STATE 1, 795
UNORGANIZED TOWNS 20 (COUNTED AS 1 PER COUNTY)
COUNTY-WIDE INCREASES 6 COUNTY-WIDE DECREASES 7
CITY INCREASES 19 CITY DECREASES 3[
TOWNSHIP INCREASES 46 TOWNSHIP DECREASES 2-
UNORGANIZED TOWN INCREASES 1 UNORGANIZED TOWN DECREASES
MISCELLANEOUS INCREASES* I MISCELLANEOUS DECREASES* 1.
STATE BOARD CHANGES BY COUNTY CITY, TOWN BY PERCENT
COUNTY-WIDE CITY TOWNSHIP UNORGANIZED TOWNSHIP MISCELLANEOUS*
INCREASE 5% 0 4** 12 0 0
106 4 S.0 28** 0 1
15% 2 4 8** 1 0
205' 0 3** 5** 0 0
6 21** 53** 1
1
DECREASE 59 2 6 4** 0 1/2
IU% 2 74 1'S**
S 0
152 2 2**
0 1/2
209 1 (-8Y,) 1 - 1 0
_ 0 _
7 34 30** 3 1
STATE BOARD CHANCES BY COUNTY, CITY, TOWN BY CLASSIFICATION
INCREASES COUNTY-141DE CITY T014NSHIP UNORG. TWP MISE* TOT:
Ag. Land 0 0 8 0 0
Ag. Bldgs. 0 0 0 0 0
AS. Land & Bldg. 0 0 0 0 0
Res. Land 0 1 1 0 0
Res. Bldgs. 0 0 3 1 0
Res. Land & BLdg. 0 10 21 0 I.
Apt. Land & Bldg. 1 0 0 0 0 j
SRR Land 1 1 4 0 0
SRR Bldg. 1 2 10 0 0 1
SRR Land & Bldg. 2 0 6 0 1
-- I
Comm. Land & Bldg. 1 7 0 0 0 _
All Classes Land & Bldg. 0 0 0 0 0
6 21 53 1 2* S.
DECREASES COUNTY-WIDE CITY TOWNSHIP UNORG. TWP NISC* To 1'A
0 --_ 0 0
Ag. Bldgs. 0 0 10 0 0
Ag. Land & Bldg. 2 0 0 0
Ives. Land
. .n.. . I;LL, p 1 9 U 'I
AllL .. i_aud f,_f,IJ;z' -- 0 ____----—._O ��__— ____.o__ Ir
SRR land 0 0 0 Il 0
situ Uld•�.
SIM land & Bldg. 0 0 ' 0 (1
C.. land 2. I4ld;
il_..
2 JO
* MISCELLANEOUS INCREASES AND DECREASES REFER TO THOSE CHANGES WHICH APPLY TO PARTIAL
TAXING DISTRICTS OR DIFFERENT SCHOOL DISTRICTS.
A 10% INCREASE WAS ORDERED FOR SRR LAND AND BUILDINGS AND RESIDENTIAL LAND AND BUILDINGS
IN THE FIRST ASSESSMENT DISTRICT IN TWP 134 N RANGE 29 W IN CROW WING COUNTY.
A 15% DECREASE WAS ORDERED FOR THAT PORTION OF GRAND RAPIDS TWP OF ITASCA COUNTY IN
SCHOOL DISTRICT 316 AND A 5% DECREASE FOR THAT PORTION IN SCHOOL DISTRICT 318.
^* SEVERAL CITIES AND TOWNSHIPS RECEIVED INCREASES OR DECREASES IN MORE THAN ONE CLASSI-
FICATION OF PROPERTY.
2 CITIES RECEIVED DOUBLE INCREASES OF 5% AND 207.
7 TOWNSHIPS RECEIVED DOUBLE INCREASES OF 10%. 157 AND 20%.
3 TOWNSHIPS RECEIVED DOUBLE DECREASES OF 57, 10% AND 15%.
�mEsy
STATE OF MINNESOTA
DEPARTMENT OF REVENUE • ._..
Mail Station 3340
St. Paul, MN 55146-3340 - 0CT1 _ is:,s
October 7, 1988
Mr. John Anderson
City Administrator
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379-1376
Dear Mr. Anderson
Reference is made to our recant telephone conversation. Your concerns
during our discussion centered around the assessor's valuation of vacant land
in Shakopee and the valuation of motels and hotels in Scott County. We do
not have enough data to compute any meaningful measures of the accuracy
of the valuation of the motels and hotels in Scott County; therefore to gauge
the accuracy of the valuation, I suggest you refer to the commercial/industrial
valuation data which I have already given you. The results of our analysis
of the valuation of this class of property would be our best estimate of the
quality of the assessment placed on motel/hotel property.
In order to provide you with information about the valuation of vacant land
in Shakopee I asked Regional Representative, Steve Hurni, to research the
question. His responses to my questions are shown in the attached report.
I hope this information is sufficient for you needs.
Very truly yours,
ERALD D. GARSKI, Assistant Director
Local Government Services Division
(612)642-0474
GDG:smc
AN EQUAL OPPORTUNITY EMPLOYER
Vatua.ti.on o6 Vacant Land In Scott County
Question 01: I4 the vacant Rand in .the city o6 Prior Lake, at
.the junction o6 013 8 e42, being valued di66enentty
than the vacant land in the city o6 Shakopee?
Re4ponee: I bound no evidence that there was a di66eAent method
being used in the city o6 Shakopee when eampa2ed
to the city o6 Prion. Lake.
Question 02: Are the vacant tote in the city 06 Pnio)L Lake, at
the junction o6 ►13 9 x42 being valued at thein. actuat
market vatue6?
Response: The .inteneection o6 013 8 042 has three ca&nelc6 in
the city 06 Savage and one conn¢), in the city o6
P)Liar Lake. A6 o6 this date, the)e is not city sewer
on water avaitabte bon the three connens that ane
in the city o6 Savage. The corner that is in the
City o6 Prior Lake doe6 have city sewer and wate&
available, however, the)Le has only been one sate
in that subdivision, Jame-6 Fi"t Addition, and that
sate took place in June o6 1983. This sate was bon
the conn) lot, the most dez iAeabte tot, and was
bon $100,000. A bank has been built on that tot.
That tot is auveentty valued by the assessor's o66iee
at $73,500.
Although, there have not been any atheA. tots that
have sotd, .there ane toffs that have been devetoped
and they ane cu4Aentty valued 6nom $45,000 to $75,500.
The vacant undevetoped tots in that subdivision a&e
cuftAentty vatued 6rom $15,000 to $17,500.
with onty one sate in the James FiAst Addition
subdivision and with three o6 the connens undevetoped
with no devetopment 60reseen in the neon 6ufiu)Le,
I do not beet that there is enough neUabte data
to make a determination as to whetheA. the vacant
tots aAe being valued at thein actuat market vatue.
Note: TheA.e ane vacant tote bon sate in Jame,6 First Addition
and I contacted the Listing neat estate 6i)m, Edina
Realty, to bind the Listing prices o6 the vacant
Loth and the Length 06 time that the tots have been
bon sate. The )Leat estate 6inm stated that att 06
thein agents were busy, but would refiunn my phone
catt within an hour. The neat estate 6i4m did not
return my phone Balt.
I would suggest that the Scott County Assessor's
066ice research thio matter 6untheA, to assist thein
6uture valuation o6 the subdivision.
Que6tion 03: Axe .the vacant Cote .in the city ob Shakopee being
valued at theix aetuat market vatue6?
Responhe: I xev.ieaed the vacant tote .in the Centuny Ptaza Second
Addition, the Centu4y Ptaza Thi4d Addition, and the
Funni.e6'a Second Addition. I bound .that thexe was
enough hate data .in 1984 and 1985 to jurtiiy vatuing
the vacant Cots companabte to the, now, developed
tot6.
The 1988 e6timated market vatuez, a6 oniginatLy
e tabt.izhed box fihohe thxee zubdiv.ision6 by the Scott
County Asbe,66ox'h Obb.iee, did not appeax to be .in
exce6h ob thein market vatue6. However, these were
bubhequentty xeduced to thein. 1987 e6timated market
vatueh Ceveth by the 1988 Shakopee City Board o6
Equalization.
I beet that, based on the amount ob sate data box
those thAee hubdiv.isions, the %eductionA by the 1988
Shakopee City Board ob Equalization wue not justib.ied
and the A""4ox'h vatue6 hhoutd have been maintained.
3�
MEMO TO: Dennis Kraft, Acting City/�� nistrator
FROM: Judith S. Cox, City CityV
RE: Appointment of Acting City Clerk
DATE: November 28, 1988
INTRODUCTION & BACKGROUND:
I will be on vacation for two weeks beginning December 3,
1988. In the event there would be any documents which need
signing before I return, there should be an Acting City Clerk
appointed. Usually the City Administrator served in this
capacity. Since we are between City Administrators and Mr. Kraft
is serving as Acting City Administrator, we are recommending that
someone else be appointed Acting City Clerk. Our recommendation
is that Jeanette Shaner be appointed Acting City Clerk at this
time.
ALTERNATIVES-
1) Appoint Jeanette Shaner, Acting City Clerk
2) Appoint Dennis Kraft, Acting City Clerk
3) Other
RECOMMENDED ACTION:
Appoint Jeanette Shaner Acting City Clerk from December 5,
1988 until December 19, 1988.
JSC/tiv
J 'J
MEMO TO: Shakopee City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Proposal For Legal Services
DATE: November 29, 1988
Attached please find a proposal that was submitted to the
City by Alton Law Offices for the provision of legal services in
response to the RFP the City sent out earlier. Please note that
the letter of transmittal is dated November 10, 1988 which was
the deadline for receipt of proposals. The proposals were put in
an envelope and were placed in the mail drop box on the outside
of City Hall. However, because of the size of the package and
the limited dimensions of the mailbox the envelope became stuck
in the mailbox. It was discovered this morning by City Staff.
It is therefore my recommendation that this proposal be
treated in a manner consistent with the other proposals that you
received a week ago from Gregg Voxland.
Please contact me if you have any questions on this matter.
A meeting will be set up in the near future to discuss this
item if the City Council so desires.
DRK/tiv
ALTON L,nv or•FICUS
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Shakmxe,Minnesota SM"
Shakopee, Minnesota
November 10, 1988
Dennis Kraft, Interim City Administrator
City of Shakopee
129 East First Avenue
Shakopee , Minnesota 55379
Dear Mr . Kraft:
This letter is in response to the request for proposals to provide
legal services to the City of Shakopee . Our firm wishes to be
considered for the Level II services position .
With our background and experience, we believe we can provide the
type of quality legal services the City desires in a prompt and
personal manner . We are committed to the notion that the City
needs legal counsel easily available and able to respond to inquir-
ies without delay. In addition, we understand that an established
community with its separate identity going through a period of
change faces difficult legal problems. Our firm can provide
the professional counsel necessary. However , there is more to
lawyering than legal memoranda and opinions. We recognize there
are people problems and issues associated with the legal issues.
We are sensitive to this part of lawyering and strive to work
closely with people on a personal and neighborly level.
Recognizing the need to develop close working relationships with
the City' s elected officials and staff, we are willing to meet
individually with each council member and selected staff at any
time, including during your selection process. Further , if the
city should desire , we would be willing to establish set office
hours, coordinated through the City Administrator to meet with any
city officials or staff.
Upon hire we assume and expect that we would spend several hours
meeting with the city administrator , city engineer and engineering
consultants, planning staff, Level I legal counsel and officials
in order to gain familiarity with current city projects, plans and
proposals. There would be no charge to the City for this initial
time spent "getting up to speed."
Dennis Kraft
November 10 , 1988
Page 2
In regard to criminal prosecution, we believe we can assist the
law enforcement effort of the city. We can lend support and
assistance to the Chief of Police and the department. It is our
experience that tough prosecution and efficient disposition of
cases is in the best interest of Law enforcement and the public .
In addition to simply prosecuting the cases charged , we could be
available to consult with police officers during the charging
process, as well as to meet with the officers from time to time to
discuss department procedures and changing legal requirements.
We have substantial familiarity with the Scott County Court House,
its personnel and procedures. This can be a benefit in criminal
prosecution .
Compensation
Our proposal is to bill the City at the rate of $65.00
per hour for the civil law portion of the position for the
principal attorneys. This is a substantial discount from
our normal hourly rate. We are willing to negotiate if the City
desires an annual retainer contract.
Those meetings that the City desires an attorney attend would be
attended by a principal attorney, and the time would be
billed at the $65.00 hourly rate, but not to exceed $180 .00 per
meeting. Any necessary paralegal/law clerk time would be billed
at $25.00 per hour and secretarial time would be billed at the
rate of $10 .00 per hour .
Based on the volume of cases for the past year , we are willing to
charge a flat annual fee of $24 ,000 ($2,000, per month) for the
misdemeanor prosecution by the principal attorneys. We would
supply monthly time accountability reports of cases prosecuted . In
the event that the volume exceeded 480 hours per year (40 hours
per month) , additional time would be billed at $65.00 per hour .
Associate time would be billed at $40.00 per hour , paralegal/law
clerk at $25.00 , and secretarial at $10.00.
Experience
Alton Law Offices, including the former firm of Manahan and Tucker
is a general practice law firm located in Shakopee . The firm and
the individual attorneys have experience in local government law,
small business activity and criminal prosecution.
Dennis Kraft
November 10 , 1999
Page 3
Regarding civil municipal litigation: The law firm has represent-
ed several private clients in the defense of zoning , land use and
other ordinance violations. We have significant litigation
experience in a wide variety of civil law matters, including fully
litigated trials in land use disputes.
We have a working knowledge of the areas of law outlined in
the request for proposals from the perspective of the local
governing body and of the individuals regulated and governed .
Further , we have represented clients in platting property and
in condemnation matters in the past few years.
Experience also includes representation of clients in regard to
planned unit development, tax increment financing applications,
conditional use matters, zoning variance issues, transfer of
liquor licenses and charitable gambling.
In the areas of employment law, we have familiarity with public
employee disciplinary proceedings and union grievance procedures.
We have considerable experience in the rapidly developing area of
wrongful termination from employment and would be able to advise
the City of Shakopee in relation to policies and procedures in the
hire and termination of employees.
We have working experience with the tax increment financ-
ing process. This includes negotiation with the City of Shakopee
and its bond counsel to secure approval of tax increment financing
for development projects.
Regarding criminal prosecution, we have experience with all
aspects of criminal procedure and with substantive criminal law,
both statutory and constitutional.
Brian Alton will be the attorney responsible for the day to day
administration of the Level II City Attorney position . The
current principal responsibilities of Brian Alton include working
one-half time as general legal counsel to Minnesota Health Care
Administrators, Inc. The other one-half time is spent on general
practice matters with an emphasis on small business and real
estate . Brian Alton is willing to commit one-half time to the
civil portion of the City Attorney position, as well as to oversee
criminal prosecution. He will be available daily to address legal
issues as they arise.
John Manahan will be available to consult on various issues
and perform services where his area of expertise would be of
benefit to the City of Shakopee.
Dennis Kraft
November 10 , 1988
Page 4
Joan Miller will perform the civil, municipal , and criminal law
work as assigned to her by the lead attorney. She will also be
available to the City on a daily basis. Ms. Miller' s skills in
communication and group dynamics along with her training and
experience in the legal field will enable her to effectively
fulfill this role.
References
The following is a list of representative clients :
Stang Concrete Company, Inc. ; Contact: Susan Stang , 890-3604
Bauman and Furrie; Contact: Al Furrie, 445-5020
Minnesota Health Care Administrators, Inc . ; Contact:
William Welpton , 496-2393 or 1-800-333-4057
Apple River Campground , Inc; Contact:
Bryan Vanasse , (715) 247-3378 or 1-800-637-8936
Shakopee House Restaurant; Contact: Tony Strupeck, 445-1400
First National Bank of River Falls, Wisconsin; Contact:
Jeff McCardle, (715) 425-2401
Uncommon Conglomerates, Inc. ; Contact :
Clyde Eklund , 227-7000,
We look forward to discussing this position matter with you in
more detail. If you require clarification or more information ,
please do not hesitate to call. Enclosed are requested resumes.
Very truly yours,
,-ALTON LAW OFFICES
is
- Brian D. Alton
BDA/ma
Encl
BRIAN D. ALTON
287 Marschall Road
Shakopee, Minnesota 55379
(612) 445-7470
EDUCATION HAMLINE UNIVERSITY SCHOOL OF LAW
St. Paul , Minnesota
Juris Doctor 1982
Activities: Publication Editor ; Journal of
Minnesota Public Law, Co-Author "Farmland
Preservation - Suggested Legislation" in
Journal of Minnesota Public Law,
UNIVERSITY OF WISCONSIN-RIVER FALLS
River Falls, Wisconsin
Bachelor of Science , Major : Political Science
Minor : Metropolitan Region Studies, 1979
EMPLOYMENT ALTON LAW OFFICES
Shakopee, St. Paul, MN and River Falls, WI
1982 - Date; Partner
MINNESOTA HEALTH CARE ADMINISTRATORS, INC.
Shakopee, MN
1987- Date; Vice President, General Counsel
DISTRICT ATTORNEY, STATE OF ALASKA
Anchorage, Alaska
1981 Legal intern
OFFICE OF THE DISTRICT ATTORNEY, PIERCE COUNTY
Ellsworth, Wisconsin
1980 Law clerk
PROFESSIONAL American Bar Association and Family Law Section
ACTIVITIES American Judicature Society
Minnesota Bar Association and Real Property Section
Wisconsin Bar Association
The Mediation Center , St. Paul
Panel of Mediators
Shakopee Chamber of Commerce
District 16 Community Council/Summit Hill Assoc.
President, Board of Directors
BAR ADMISSIONS State Of Minnesota
State of Wisconsin
United States District Court, District of Minnesota
United States District Court, Western District
of Wisconsin
JOAN MILLER
287 Marschall Road
Shakopee, Minnesota 55379
(612) 445-7470
EDUCATION UNIVERSITY OF MINNESOTA LAW SCHOOL
Minneapolis, Minnesota
Juris Doctor 1985
Activities: Legal Aid Clinic
UNIVERSITY OF MINNESOTA
Minneapolis, Minnesota
Master of Arts; Counseling , 1979
Bachelor of Science; English Education, 1968
EMPLOYMENT ALTON LAW OFFICES
Shakopee and St. Paul , MN
1987 - Date; Associate
FAIRVIEW SOUTHDALF. HOSPITAL
1981-1982; Part-time counselor
Family Renewal Center
IND. SCHOOL DISTRICT 112
1976 - 1981; Counselor
PROFESSIONAL
ACTIVITIES American Judicature Society
Minnesota Bar Association
Hennepin County Bar Association
The Mediation Center , St. Paul
Panel of Mediators
Legal Advice Clinics, Ltd.
BAR ADMISSIONS State of Minnesota
JOHN M. MANAHAN
8516 Russell Avenue South
Bloomington, MN 55431
(612) 884-2435 - Home
(612) 296-7091 - Office
Education-
St. Mary' s College, Winona, MN B.A. 1966
University of Minnesota Law School J.D. 1973
Military:
U.S. Army, 1967 - 1969 (Served in Vietnam, 1968 - 1969)
Professional:
Krass, Manahan, Meyer and Kanning, Chtd.
Shakopee, Minnesota
Partner; 1974-1979
Manahan and Associates (Manahan, Johnson and Tucker)
Shakopee, Minnesota
Senior Partner; 1979-1987
Office of Treasurer , State of Minnesota
St. Paul, Minnesota
Deputy Treasurer; 1987 - Date
Professional and Civic Activities:
Eighth District Bar Association; 1974-1987
President - 1978
Shakopee Lions Club; 1974-1987
Board of Directors; 1975-1986
President - 1984
Shakopee Industrial Commercial Commission; 1980-1987
Vice-Chair ; 1985-1987
Shakopee Chamber of Commerce
Board Member ; 1976-1982
President - 1982
Scott County Transporation Coalition; 1986-present
Minnesota Valley Restoration project, Inc. (Murphy' s Landing)
Board Member ; 1985-1987
Vice-Chair; 1986-1987
MEMO TO: Shakopee City Council
FROM: Dennis R. Kraft, Acting City Administrator
RE: Legal Opinion From City Attorney On The Relationship
Of The Shakopee City Council And The Shakopee Public
Utility Commission
DATE: November 29, 1988
Attached please find a memorandum from the City Attorney on
the above mentioned subject and a supplemental memorandum which
also addresses this subject. Upon receipt of the initial
memorandum I thought that the subject could be explored in
somewhat more detail. Therefore I asked the City Attorney to
provide additional information on this subject, which he has
done.
At the present time the Shakopee Public Utility Commission
is interested in meeting with the City Council to discuss the
relationship between the two groups. I believe it would be
positive if the two groups can meet in the near future and
attempt to discuss matters of mutual concern.
Once Councilmembers have had a opportunity to review the
City Attorney memoranda please contact Jack if you have any
questions.
DRK/tiv
SUPPLEMENTAL MEMORANDUM
On the Relationship of the Shakopee City Council and the Shakopee
Public Utility Commission
Recently at the request of the Utility Commission and the Shakopee City
Council, I issued a Memorandum on the relationship between the two bodies and I
thought I had answered all the concerns between them when I wrote that the
Commission shall have "full, absolute and exclusive control of and power over
any and all utilities placed under its control including the power to operate,
extend, modify or change the same and to establish and maintain a reserve fund
which shall be equal to 10% of the gross receipts collected during the preceding
month. The only control over the Commission that the Council has is in the appoint—
ment of the members of the Commission." MSA 453.03; 453.13; 453.21
Apparently, 1 was not sufficiently specific in the memo, a copy of which is hereto
attached for reference and made a part hereof, hence this supplement.
The key words is the legislation governing power granted to the Commission are
that the Commission shall have full, absolute and exclusive control of and power over
all utilities under its control. This broad grant of power gives the Commission
exclusive control over rate fixing and disposition of all monies collected by it with
the provision that the Commission shall have the power to "enter into an agreement with
the Council for the payment by the City for utility services and other services and
to agree on payments to be made by the Commission to the City in lieu of taxes and the
transfer of surplus utility funds to the general fund of the City." MSA 412.361 (5)
See also City Code 2.54 and 2.54(7) The amount of such payment as well as the time
thereof and the manner, as a friendly gesture, is left open to possible mutual agreement,
but the bottom line is that the Utility must agree to the amount and time of payment.
The Council cannot arbitrarily set an amount or time or terms of payment nor can the
voters of the City. The only time the voters of the City come into play is if a
question of abolishing the Commission was put to a vote and this was done once already
and was defeated. It follows that if the Commission agrees to the terms of any
ordinance such as the ordinance of September 27, 1977, it would be effective and
valid as long as the Commission is in agreement, but if the Commission changes
its position and does not agree, the ordinance would be ineffectual.
To reiterate, the Council, without agreement of the Utility Commission, cannot
unilaterally set rates and the times and methods of payments.
If I can be of any further assistance to either party please contact me.
Dated this 23rd day of November, 1988.
Very truly yours,
lius A. Coller, II
Shakopee City Attorney
�f
Memorandum on the relationship of the Shakopee City Council
and the Shakopee Public Utility Commission
Recently I have been instructed to point out and review the relationship between
the Shakopee City Council and the Shakopee Public Utility Commission.
In 1950 the City of Shakopee was a City of the Fourth Class and was operating
under a Special Legislative Charter granted in 1875 and revised 'in 1899 by Charles G.
Hinds, City Attorney. In December of 1950 the Common Council of the City adopted
the enabling legislation to create and establish a Water, Light, Power and Public
Building Commission pursuant to Minnesota Statute Chapter 453.
The Commission so established was to consist of 3 members who shall have full,
absolute and exclusive control of and power over any and all utilities placed under
its control including the power to operate, extend, modify or change the same and to
establish and maintain a reserve fund which shall be equal to 10% of the gross
receipts collected during the preceding month. The only control over the Commission
that the Council has is in the appointment of the members of the Commission. MSA 453.03;
453.13; 453.21.
At the present time the Municipal utilities are governed by Minnesota Statutes
Annotated 412.321, etc. No limitation was placed on powers previously granted
but they were clarified by 412.361 (5) by providing the commission shall have the power
to enter into an agreement with the Council for the payment by the City for utility
services and other services and to agree on payments to be made by the commission to
the City in lieu of taxes and the transfer of surplus utility funds to the General
Fund of the City. MSA 412.361 (5) See also City Code 2.54 and 2.54 (7)
In April of 1967 the voters of Shakopee voted on the following proposition
"Shall the payments by the Shakopee Public Utility Commission to the General Fund
of the City be increased by 6% as provided by Ordinance No. 265 to provide a total
payment to the City of Shakopee of 12% of the gross receipts of the Utility Commission
from all sources except rentals?" The proposition carried and accordingly, the
Council passed Ordinance 265 on February 28, 1967 increasing the payments by
the Commission to the General Fund of the City to 12% of the gross receipts.
This was repealed by Ordinance No. 1977 and replaced by Resolution of the Commission
setting the contribution to the City at $230,000.00 or 22.5% of its gross margin
beginning January 1, 1978 for the calendar year.
Since 1978 the Council and the Commission have frequently by mutual consent
rearranged the rate changes. Clearly the Commission and the Council are not bound
by the 1967 election because the Commission by Statute has the sole and exclusive
power to fix the rates and to adopt rules and regulations with or without consultation
with the Council. MSA 412.361 (4) However, as a matter of practice,and I think good
policy, payments have been mutually agreed upon and as long as the payments conform
to the current agreement, accounts between the City and the Utility are even.
Respectfully submitted,
Julius A. Coller, II
Shakopee City Attorney