Loading...
HomeMy WebLinkAbout02/19/1991 (1,02 :1-474 Add drA/ MEMO TO: Dennis R. Kraft, City Administrator it(;�t j *04 FROM: Barry A. Stock, Assistant City Administrator+ RE: MnDOT Acquisition of City Property DATE: February 12 , 1991 INTRODUCTION: In conjunction with the construction of the mini by-pass, the Minnesota Department of Transportation (MnDOT) will be acquiring several pieces of property that the City of Shakopee presently owns. Following is a summary of the subject parcels and MnDOT ' s proposed acquisition offer. BACKGROUND: Parcel #3 Parcel #3 (see attachment #1) includes acquisition of the parking lot located behind City Hall and a small piece of property in Huber Park. Parcel #3 also includes several temporary easements including a temporary easement for the parking lot located behind the Brambilla property. The monetary damage that MnDOT is prepared to offer to the City of Shakopee for parcel #3 equates to $217, 000. The monetary damage includes $160, 500 for real estate being acquired ($3 . 60 per sq. ft. ) and $56, 500 for loss in value as a result of the temporary easements . MnDOT has completed two appraisals of the subject property. MnDOT ' s second appraiser valued the property at $4 . 00 per square foot. The City of Shakopee has several courses of action which they may choose in dealing with MnDOT on the subject property. First, the City could hire our own appraiser to determine a value for the subject property. If this option is pursued by the City of Shakopee, MnDOT will pay up to $500 of the cost incurred for the counter appraisal . The second option for the City to consider would be to make a counter offer to MnDOT based on appraisal information that we already have on file. The pending acquisition of the Marquette Bank building would provide a very recent comparison in determining the appraised value of the subject property. If the Marquette Bank acquisition proceeds as planned, the actual land value being paid for the Marquette Bank property equates to $5. 25 per square foot. Additionally, MnDOT has recently appraised Lot 10, Block 4 , OSP which is adjacent to the subject property at $5 . 00 per square foot. Finally, staff has reviewed recent land sales in the area and has discovered that the Malkerson car dealership was recently sold. A portion of the sale included vacant property with a bituminous surface. The sale value on this property equated to $4 . 24 per square foot. Staff believes that the Malkerson sale represents the most valid comparable land sale to the subject property. Based on the aforementioned considerations, staff would like to recommend that the City Council make a counter offer to MnDOT in the amount of $4 .24 per square foot for the subject property. Parcel 3A The other City owned parcel that MnDOT will be acquiring has been identified as parcel #3A. (Attachment #2) The subject property includes the acquisition of property from Levee Drive north to the river perpendicular to Lewis Street. The subject property also includes land for temporary easement purposes. The monetary damage offered by MnDOT for the subject property is $43 , 000 . MnDOT' s offer includes $23 , 200 for real estate being acquired and $19 , 800 for loss in value as a result of the temporary easement. The acquisition price per square foot being offered by MnDOT for the subject property equates to $1 . 10 per square foot. MnDOT ' s second appraiser appraised the subject property at $1 . 50 per square foot. Staff is not aware of any appraisals that we have on file that would justify a counter offer to MnDOT' s original offer. The subject property is located within the flood plain. This fact has a significant impact on the number of comparable sales available and the actual property value. If the City Council feels that a counter offer should be made for the subject property, staff would recommend splitting the difference between the two MnDOT appraisals. However, since staff cannot provide our own documentation to support a counter offer to MnDOT' s offer other than MnDOT' s second appraisal, staff is recommending that their original offer in the amount of $1. 10 per square foot be accepted. Staff would like to remind City Council that the City of Shakopee has been the lead agency in pushing for the mini by-pass project. I would caution City Council regarding embarking on tactics which may send a negative message to MnDOT officials regarding the urgency of this project. ALTERNATIVES: Parcel u3 1. Accept MnDOT' s offer in the amount of $217 , 000 for the subject property. ($3 . 60 per square foot) 2 . Make a counter offer in the amount of $4 . 24 per square foot for the subject property. 3 . Order an appraisal of the subject property. 4 . Table action pending further information from staff. bin/DOT parcel.cel filly it OF 1NAV PAPCEL LA d©U U 3 11 MINNESOTA DEPARTMENT OF TRANSPORTATION � n n$ Topographic information requiredt Proposed R/W line & access taking. Lot Iines & dimensions. Show north arrow. Outline & location of buildings & improvements. Streets or highway frontage. S.P. 7009 ( 169 =5 )902 COUNTY Scott PARCEL NO. 3 OWNER City of Shakopee, Et Al . Scale 1 ' = 100 ftp e o' N Ln j m9 it m T W m __.\-4 65' __--- ' I J. /..---S.?), p .7009• �,_ I , k �PGm�F9 -•ANSFORAI • - ' N T ��� -17 100'INP.ppt• +• • \�7P . • :- '2. . ��' q7vLPP ` P� lir1-5-ST 4 ' • , �LPP t1 J_' oLP `. — _ L�jr. E.— _ —;---,— – 55 `- — `BIT.PPATH BIT `. Al, 105' J 75'7 - 648 -i8 .' '!1�7a�� _c a..-.r. -- -'.,t-',.;--8618= _-_ _ - -. --r .8618 ' ` i4/ '1.5' . =IT Sk _ .i S EL TUB P C •— '. 120'INP. I O 5� �' _ 7 i. 1L.0 t� l 26'8] •• 10 91 „ m (� FNT 10 9 8 G7 6 „I 'J i+ r 6110 I t 3 5 ►— 3° 5. m ° w • t .o LP ��yyiu V4HIC4A,AR AGGf4S : > • • 1 L. _ • I'M. N1-1 ' ' t }2 I�,f VY ESMT. , ENT / F -"��as." TTVLPP_ 28 �'�,j.•1.,i- 1 h+�' ' - -.- -,------,-..14Y.-1;; .. Y.L 68 _ 'SIGN - '4 -G , 2-S-8LX); "Tie Ii` uNoeN 63' 21 :IT 10 l ENT 'BIT.PK1NG •i t8' 1 1 LCT 3 • '= sa AIT 1 Q Ill i. ca. '".I 2gigmI11111 _-IT I2 4J1; i3f1A1-s-BR ;� dJ • ,-- i • • •ilIj ! 2-S-3RICKi ? 1-S-S i CO ` "a; • m '''\i. K 2- CK •137 f = 7 pr o I 16e 1 111(1111 o t 9a _� h - ,- 32 21 1 J9 -- o* LP LP , ONC ENT 1'.tl$1N:}i..191 A° °� _�'— ���.a"I+1"f•. ' lT.F164 .o-o' T.H.101 i 8624 CAG . •.' , . E.1. . 5 * Layout sketch by jinn Date 7/24/90 Parcel No. 3 r. ‘"a ATTACHMENT #1 MINNESOTA RIVER if __�- ..--- - 11 �r� \ f. 6. / EA51 L 1 NE Of. LEVE�c ,/� -/65' / / �•700�• ,. f7' ' 1 ° --a-\ LP \ / 7 �� • / 1 • ' 160 \ . \ �sP Il—POWER _— — o \ 1 °P jSi ' ( �G ����0 S lP BARO POSTS ` �1 11 POST 0 . . ^'� R �i�Ti!W3 W lit t.K. l J f GRAY�I D FE1S" mac\ i••1 J iQ J _ N 5 I —;ti 7' �_ 0' woo 11_1_ �_ _ p "":-,.....:$6.,::: r ..0011_ • - INP. 0 ` 0IN D �. 5 �.2 A ..e.- s IIL V f�Ei. fOtfOt e �MI iF±tA1f S t0' /" Ar'r;'t` Xi I a I 1 1 ,, I _i 6 1 s 1 9. 53' ,, 1 I'30i _..l�� 16' I _ I -, 20.119' • �4. 6d. 98` 1 ilk I i #` — �. -- TZYPp.3Aktiptt4 0_1 I 7 a� l:'GRAVEL I , ", i ...41f611717114 �1W4'"a ,sem i, 1W I I z ! Gr I 20' LL 'h ir W 1 69. ., G3 i IaIT'0 -0 t ,39 2 .4. ; -, ,„ lip 41.101 .11; i , itli = I if? `5V1 0 11 i-S-2LK�.- 0.• r + i .1 -, rn I *203•2019 " N BIT A£IN —f. i " FTA "�`� I ' N 4 .. 73 5' Lo' 52 r. Ck. _ ! �Ari,.. w�`�h __f SW e624 f. E. FIRST AVENUE 5, 80'TM'. 6t0 k �_ 277' 1 W111 LW ' YM L9Gd 1 L LAY/0111f ! III[NESOTA DEPARTMENT OF TRANSPORTATION ‘NIF rn 1.,porcphlc Information required' Proposed R/W line d access taking. Lot lines is dimensions. • Snow north arrow. Outline & location of buildings & improvements. Streets or highway frontage. j • S.P. 7009( 169 =5 )902 COUNTY Scott PARCEL NO. 3A OWNER City of Shakopee, Et Al . Scale 1 ' = 100 ft. Ehtire Tract *139,000 S.F. • N I] Hew T.H. VW 21 ,049 S.F. . , . Balance 117,951 S.F. T.E. (Exp.12-195) 37,891 S.F. I ^ *Area is an estimate, used only to facilitate this appraisal. The 2( ^ �0 II exact area is unknown o \ 9 m 60r ico a 1 - 90' III L ...i..:,-.,4:tY i ---__ GB, ,,,----1..- •7009• \ is -`____ 1 T.......39 ANSFORIJERS {; ,'-c<' - 1111 T --.\ !00'INP. 4.iCtlyi• t• 4 ". i3.n; p r'Pp stir 444 7PP tl Zq`t' QLPp ATV(pp. 1 ft l-s-Si ` F 1:iPY++s>ii �� � . ...2.PP II Id 1_ ti! vLB' —*L�s I t!P�4 - - ?. 6.---\__ E 81T_PlTk1 BIT ‘. •\6 t 1 05' �.59 kri i`((-'�•t; 1 . ii= ettE7. 1 ••ate.►' •' '144i11; L16t0 Ta 1 �rT:ii��• '� • ts'-�-—�I� s.0.'101.-7 �':ig�� .�.1..-.. • ' uns-• rr-- _... 4:.:7 • _B518 ;il'vd1:1��y --17 �f-►1 i l� ` 1 t J. .war '�T� TT U i/� j— S EL r ^-1—'at = _- t - 120'INP- ;VA t pal v� • •111 � ' 1s‘ 9 T m ,- i9' Na ft/r2s•ei - t 20 ---�� n r NT I ' 10 9 �. s 671 'i t ` r r —1 i'. m e .,009. wl P �`. DIT 7 II Jila" LP ml ; . .f011111111.. 3 661C.Q 16` V H1GlXAR A.Gt» II / a� •7009. L . , 0a pL r�01, tL° r s fil SN1.i $ - Et : Or _ G i.:)._ _j___-4, ._1._.e ,- •,=,- .....- .._.. • h .i.dr4 it4.., '''."'-`-'1‘111,...Z - "3"; _ D ( L,,'. ..- ___ S1GH I 2 S d K- ` 1 ANI 55 — 15 25'.troi = -� c-1___ - BUILDING .. {J< I I N. d � l� 63' a , i . t _ • ,►� 1 , � � . 1111 zi :IT> Lt11UER 5 { 0 N 70 817.NM, -- / --r t ENIac LOi t I SEBiT i mini 16' J 1" n 2 3 5 Y 1 0 v - • jtx+C y z 11 itr. aa it N 1-5-811 2-S .LK ` ;a • t ��� 0 1 ._ L. _� ,n 2-5- RICE-�� oa /� r 7 2- -.HIS I 1•13TT�''CO ' 160' / '-1. 39 , l�' ► 1L-- ((, ;, • -i. d' al.' .7 :its' ! e1 9 . I • �Oc��P , Lr Ise'ci ... ENf.—Tr'LL.l;Y u _ - - -2..1 — w�- Io'7.6rk"SA�. 8624 Gc 1 IR`_! k-)'--- T.tt 169 TM.101 �-^1 1 1— - tt I L- ---- t• E. { 150' •t• E• 1 t. E. 0, IN S1REE1"• 11 PHOTOGRAPH IDENTIFICATION —2- riL „..yout sketch by _ j rrrn Date 7/24/90 Parce I No. 3 ATTACHMENT 42 • i y- - .T.L .E , IS 5 JECT - • ;c ,, )ice •.' a'c's'-R3 'sem f..= :: ��Po. e � .t+ � ; 1, {' r i wm-iouT PREVIOUS ktOTICE MlNt.tESOTA RIVER 11 11 --- ,/- 1 , ', T.�. / EA51 1.IN1s Ot 1.t vet i� �.,�� 1 --''' / / � , oto 1. « ,. j _ i� OOq• .LP 111/ I 'it. 160' . \ ,� -- �.� i �\ ' \•,\1 LP GUMBO POSTS ,4 / - - \ ' • 's II l - - ' pa • ---71; Tr IR. Clio c.c. — • e ' is GRAY f— — --it—` `` :1 CC.� , f— V00o rEt' t 1 \ ~�4 3 . - 17' 300' I t 5 ' . . + tt:?. _.60' �� --.��5 �...123d -.aJ'=a�y1' tot top.�. 60' , --300' ` E0', 1 r,ka. roe etx,`i>;a n1 unaY �++„4 -3—r---r'_— ' —3 „:I iii 6 f:e4 r 1 -- ii _________,________ 1 5 29 91� 5 /1301 ; / I6'— 11[1 "[ I 1 •20. 19' �P (� 98 ` 1� � / I / I _I,. — 7— 1 - /,/ / _ 1 1 r50 II GAR �1 -T 5'._ ,25 1 \1� I • _ T7YPP _ ._. _...._T • 1,1 ' o l 5,...5--=LL lur_T_,�•V-- —Y7---r------- • O_ i1 ` r@ GRa_EL� �r .i• 1 -1. 4 L * - '''-' ---- - -I . `-D . ,I i \-- - ,.— ig, ` ca 71 r- 1 !1r\69 5' \ )z,, 1 7' 41 J,11 1 rill;1 • I Y + 2 a icXc fp <3 'N 1 a cc > NN CII ,- A , jAkt, 4 n il73.5' 2' h2.� cr c 1 '0.5'.SIGN' It en 14 ill i. . •.•,,,, - t► �''• (fAf y-s ci,1 -s - � : ,-- CINE�> - ' AVENUE D62{ - 1 . E. / I L L FL-�— 5' 80'Ite. 277' 6O� Ems--- - ebz, ' MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: February 15, 1991 1. Attached is the Police Newsletter for City Council review. 2. Attached are the January 16, 1991 minutes of the Energy and Transportation Committee meeting. 3 . Attached are the January 16, 1991 minutes of the Downtown Ad Hoc Committee meeting. 4 . Attached are the January 16, 1991 minutes of the Community Development Commission meeting. 5. Attached is a memorandum from Barry Stock, Assistant City Administrator regarding Status Report - Proposed RTB Funding Cuts. 6. Attached is the 1990 Annual Report from the Shakopee Youth Center. 7. Attached is a copy of the Thank You card from Jerry Wampach. 8 . Attached are the January 7, TL991 minutes of the Shakopee Public Utilities Commission. 9. Attached are the December 18, 1990 minutes of the Shakopee Public Utilities Commission. 10. Attached are the Revenue and Expenditure Reports. 11. Attached is a memorandum from the Chief of Police regarding the Snowmobile Ordinance. Minutes of the Energy and Transportation Committee Regular Session January 16, 1991 Chairperson Drees called the meeting to order at 7 : 05 p.m. with Commissioners Otto, Drees, Roman, Case and Reinke present. Commissioners Amundson and Stolarcek were absent. Barry A. Stock, Assistant City Administrator was also present. Case/Otto moved to approve the minutes of the November 28, 1990 meeting as kept. Motion carried unanimously. Mr. Stock presented the Energy and Transportation Committee' s 1990 Annual Report to the Committee for their review and consideration. Mr. Stock stated that the report summarized activities taken by the Energy and Transportation Committee in 1990. Reinke/Roman moved to recommend to City Council approval of the energy and Transportation Committee's 1990 Annual Report as drafted. Motion carried *unanimously. Mr. Stock stated that each year it is customary for the Boards and Commissions to prepare a list of goals and objectives which identify items which they wish to pursue in the upcoming year. Commissioner Reinke questioned whether or not it would be possible for the Committee to investigate whether or not a private drive off recycling facility could become a reality in Shakopee. Commissioner Roman stated that there are still a number of residents who do not have the City of Shakopee's refuse hauler. She also noted that the apartment units are presently not serviced with recycling services. Mr. Stock stated that this would be an item that could be added to the list. He suggested that objective #13 be added to read "Complete an inventory of existing recycling drop off facilities in Shakopee and investigate whether or not a private drop off facility or vendors can be attracted to Shakopee by 3/15/91. Commissioner Roman questioned whether or not the City could obtain videotapes from Waste Management that could be incorporated into the school 's curriculum for educational purposes. Mr. Stock stated that he thought Waste Management did have some educational and promotional tapes on recycling tidbits. Mr. Stock stated that this might also be an item for public access. Mr. Stock suggested adding Objective #14 to the list to read: Investigate promotional/educational recycling videotapes to be distributed to the school and also to be broadcast on public access by 3/15/91. Mr. Stock noted that the Dial-A-Ride contract expires in 1992 . Mr. Stock went on to state there is a three year extension provision within the contract. Mr. Reinke questioned whether or not the Minutes of the Page -2 Energy and Transportation Committee January 16, 1991 extension was a year by year extension or a straight three year extension. Mr. Stock stated that he believed the extension was for three years total . Discussion ensued on the impending MTC rate increase. Mr. Stock stated that Vanpool leasing costs and parking costs have nearly doubled since the Vanpool program was originally initiated in 1985. Mr. Stock stated that we have not had a rate increase on the Vanpool program since the program's initiation. If the MTC raises rates it would be wise for the Energy and Transportation Committee to evaluate whether or not Vanpool rates should be increased as well . Mr. Stock stated that the fair box recovery ratio on the Vanpool program is below the 15% ratio as defined by the Regional Transit Board. Mr. Stock noted that the overall Shakopee Transit Program fair box recovery ratio was below the 15% guideline. Mr. Reinke questioned whether or not it would be possible to identify an objective to investigate the possibility of interfacing with the Minnesota Valley Transit Service. Mr. Stock suggested that Objective #15 be added to the goals and objectives list to read as follows: Investigate implementing intra-city transit service between the Minnesota Valley Transit Authority and the City of Shakopee by 10/1/91. Mr. Reinke questioned what the lease cost would be for a seven passenger mini-van. Mr. Stock stated that the cost to lease a mini-van is nearly identical to the leasing cost of a 12 passenger vehicle. Mr. Reinke questioned whether or not there was some other method to stimulate more interest in ride sharing. Mr. Stock suggested that perhaps some type of program could be developed to encourage car pooling. Mr. Reinke stated that the problem with this alternative might be insurance and liability. Mr. Stock suggested that Objective #16 be added to the list to read: Investigate alternatives which would encourage ride sharing, such as a car pool subsidy program or leasing smaller sized vehicles. Mr. Reinke questioned whether or not the City ' s transit program would receive priority statues in the event of a fuel crisis. Mr. Reinke stated that he thought there was a state law which provided local governments with priority status. Mr. Stock stated that he was not aware of the state statute that Mr. Reinke was referring to but suggested that Objective #17 be added to the list to read: Investigate whether or not the City Transit Program would receive priority status in the event of a fuel crisis. Mr. Stock stated that one of the main objectives for the Energy and Transportation Committee to complete in 1991 was the development of a set of refuse/recycling requests for proposals. Discussion ensued. 2- Minutes Minutes of the Page -3 Energy and Transportation Committee January 16, 1991 Roman/Reinke moved to approve the list of 1991 Goals and Objectives as amended. Mr. Stock informed the Committee that the City Council approved Refuse/Recycling Amendment No. 4 freezing refuse disposal rates at their present level for a six month period. In exchange for the rate freeze, the City of Shakopee will relinquish 82% of the material recovery and percs payments that have been previously collected. Commissioner Roman questioned whether or not there was any way to inform Shakopee residents that the City of Shakopee is continually taking steps to insure that refuse disposal rates are stabilized. Mr. Stock stated that he is in the process of preparing a new recycling utility bill stuffer. He thought that a statement such as the one made by Commissioner Roman could be added to the brochure. The Committee then reviewed the recycling/Dial-A-Ride and Vanpool monthly reports. Commissioner Otto questioned an item listed in the Business Update from City Hall . He wondered what the snow and ice control plan was that was recently prepared by the Public Works Department and endorsed by the City Council . Mr. Stock stated that this is simply a plan which establishes when roads will be plowed and sanded. Commissioner Otto stated that he was very dissatisfied with the level of snow removal and sanding that has taken place this winter. Commissioner Reinke concurred with Mr. Otto and stated that he hoped that things would improve. Chairman Drees also stated that, in his opinion, the quality of snow removal and sanding has been a tremendous problem. Commissioner Case and Roman concurred with the other sentiments of the Commissioners. Commissioner Reinke stated that there has been tremendous increase in the number of traffic accidents at intersections due to the lack of sanding. Mr. Stock stated that he would certainly share the Committee ' s concerns with the Public Works Superintendent. Mr. Stock stated that to the best of his knowledge, City Hall has received relatively few calls regarding the quality and level of snow plowing. Commissioner Case stated that she felt the plowing on downtown sidewalks has also deteriorated over previous years. Mr. Stock then shared with the Committee a residential rate survey that was completed in early January of other organized refuse collection programs in the metropolitan area. Mr. Stock noted that the City of Shakopee' s rates were quite low comparatively speaking. Reinke/Case moved to adjourn the meeting at 8 : 05 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary Minutes of the Downtown Ad Hoc Committee City Council Chambers January 16, 1991 Vice-chairperson B. Wermerskirchen called the meeting to order at 7 : 50 a.m. with Commissioners B. Wermerskirchen, Kahleck, Fonder, Phillips and D. Wermerskirchen present. Commissioner Keen was absent. Barry Stock, Assistant City Administrator was also present. Commission Phillips stated that he was at the October 10, 1990 meeting. He noted that the minutes reflect that he was absent. He requested that they be amended accordingly. D. Wermerskirchen/Phillips moved to approve the minutes of the October 10, 1990 meeting as amended. Motion carried unanimously. D. Wermerskirchen/Phillips moved to approve the minutes of the November 14 , 1990 meeting as kept. Motion carried unanimously. Mr. Stock stated that the Downtown Rehab Grant Program was established as a one year program with two separate funding cycles. He noted that $50, 000 was initially allocated by the HRA to fund this program. In 1990 the HRA received and approved eight (8) Rehab Grant Program applications. Total project costs equated to over $64 , 000 with grant proceeds equating to 25% of that amount or $16, 070 . Mr. Stock stated that approximately $34 , 000 of the initial allocation was unused. He requested the Downtown Committee to discuss whether or not it was desirable to continue the program in 1991 and also whether or not they wish to amend any of the Rehab Grant Program guidelines. Commissioner D. Wermerskirchen stated that he felt that the repayment provision should be amended. He stated that several of the property owners in the downtown area are concerned about proceeding with the program and having to repay back the loan amount. Commissioner Phillips questioned whether or not the Committee should consider amending the repayment provision by setting a dollar cap at which loans would not have to be repaid. Mr. Stock stated that approximately six months age the Downtown Committee did recommend that the repayment provision be amended. The Community Development Commission felt at that time that the Rehab Grant Program guidelines should not be amended and that it be given time to work. Commissioner Phillips stated that we were not talking about a large amount of dollars and that the likelihood of someone using the money and then selling their building and pocketing a large profit from the Rehab Grant Program was not very great. He questioned why the CDC was so concerned about this issue. Mr. Stock stated that the Community Development Commission is concerned about this issue because some residents in the community still feel that the downtown area was given more than they should have when the downtown improvements were made. Mr. Stock stated that the downtown streetscape amenities were picked up by tax increment funds. Mr. D. Wermerskirchen stated that he concurred with Mr. Phillips and did not see a problem with eliminating the repayment provision. He stated that if somebody did sell within the five year period, that the downtown area and the City of Shakopee would still receive a tremendous benefit in terms of an improved building. Mr. Phillips stated that he did not feel that under the current guidelines that a large redevelopment project would occur through this program. Mr. Fonder stated that perhaps the purpose of this program was more for the smaller improvements rather than the large scale improvements. Mr. Fonder stated that he felt the current program guidelines were adequate and that the program has been a tremendous success. Mr. D. Wermerskirchen questioned whether or not more funds could be allocated for the program. Mr. Stock stated that the funding source for the Rehab Grant Program was the HRA reserve fund. He noted that there is only $175, 000 remaining in the HRA reserve fund and that there are several other potential projects which may need to utilize the HRA reserve fund. Mr. Stock stated that his personal opinion was that the HRA would be hesitant to allocate any additional money for the Rehab Grant Program at this time. It was the overwhelming consensus of the Committee that the Rehab Grant Program was a success and that it should be continued. Kahleck/Fonder moved to recommend to the Community Development Commission that the Rehab Grant Program be continued in perpetuity until such time that the remaining $34, 000 in grant funds are allocated. Motion carried unanimously. Vice-chairperson B. Wermerskirchen questioned what would happen if more applications were submitted than what was available for funding. Mr. Stock stated that the program would be done on a first come, first service basis and that all applications would still have to be reviewed and approved by the Rehab Grant Review Team and City Council. Mr. Stock stated that each year the various Boards and Commissions submit an annual report outlining their activities during the previous year. Mr. Stock briefly review the Downtown Committee ' s 1990 Annual Report and requested a motion recommending approval of the report to the Community Development Commission. Phillips/Kahleck moved to recommend to the Community Development Commission approval of the Downtown Committee ' s 1990 Annual Report. Motion carried unanimously. Mr. Stock stated that one of the Star City requirements is that the City of Shakopee prepare and submit a One Year Work Plan. Mr. Stock noted that traditionally the Downtown area has been specifically included in the Community Development Commission ' s One Year Work Plan. Mr. Stock reviewed the proposed One Year Work Plan with the Downtown Committee. He stated that one of the key items that the Downtown Committee will be investigating in 1991 is the replacement of parking spaces that will be lost as a result of the 5 Minutes of the Page -3 Downtown Committee January 16, 1991 Mini-bypass construction. Discussion ensued on what would be the best method to attract new businesses to downtown Shakopee. Mr. D. Wermerskirchen stated that the Chamber of Commerce Retail Committee is conducting a survey of Shakopee residents to determine desired retail needs of Shakopee residents. Commissioner Kahleck stated that she utilized a marketing consultant to identify a location for her sign business prior to her moving to Shakopee. Ms. Kahleck stated that the marketing consultant recommended Shakopee. Mr. B. Wermerskirchen suggested that perhaps a Community Profile and information on the downtown area could be sent to marketing consultants in the metropolitan area. It was the consensus of the Committee that this should be added to the One Year Work Plan. Discussion ensued on the possibility of updating the Downtown Revitalization Plan. Mr. Stock stated that he did not know whether or not this item was addressed in the Comprehensive Plan. Commissioner Kahleck stated that she felt that if it was not addressed in the Comprehensive Plan that an item should be added to the Work Plan to investigate whether or not it would be appropriate to update the Downtown Revitalization Plan. It was the consensus of the Committee that the One Year Work Plan be amended to include the investigation of a Downtown Revitalization Plan update. Fonder/D. Wermerskirchen moved to recommend to the Community Development Commission approval of the Downtown Committee' s One Year Work Plan. Motion carried unanimously. Mr. Stock shared with the Committee the Design Plan request letter that he sent to the U of M School of Architecture. Mr. Stock noted that he would be sending a similar letter to other schools in Minnesota that have Architecture programs. Mr. Stock stated that he did contact several persons regarding possible memberships on the Downtown Committee. He stated that he left applications with each of the persons that he contacted. Mr. D. Wermerskirchen suggested that perhaps a copy of the agenda could be sent to the owner of Valley Sports and the Tole Bridge regarding our next meeting. Mr. Stock stated that he would certainly follow up on Mr. D. Wermerskirchen' s request. Mr. Stock stated that at our last meeting we discussed contacting the business tenants on the Brambilla block regarding their future business plans. Mr. D. Wermerskirchen stated that he would be willing to pursue this item prior to our next meeting. B. Wermerskirchen/Fonder moved to adjourn the meeting at 9 : 00 a.m. Motion carried unanimously. Barry A. Stock, Recording Secretary Minutes of the Community Development Commission City Council Chambers Wednesday, January 16, 1991 Chairperson Miller called the meeting to order at 5: 30 p.m. with the following members present: Mike Pennington, Charles Brandmire, Jane DuBois, Mike Beard, Bill Mars, Jon Albinson, Mark Miller and Greg Smith. Barry A. Stock, Assistant City Administrator was also present. Pennington/Albinson moved to approve the minutes of the November 28 , 1990 meeting as kept. Motion carried unanimously. Mr. Stock gave an Economic Development Report. Mr. Stock reported that Del-Mac Petroleum is considering locating their tire recycling facility in Shakopee. The proposed facility recycles tires into oil and carbon. The projected project cost is between four and six millon dollars. Mr. Stock noted that all tires will be stored internally within the facility. Officials from Del-Mac Petroleum have requested City staff to pole City Council members regarding their concerns. Mr. Stock stated that the proposed facility is a conditional use within the I-2 zoning district. Mr. Stock noted that the officials have not finalized a site. Mr. Stock noted that in a pole of the Council members, all Council members were concerned about air emissions and controls. Mr. Stock noted that the project does not require an environmental assessment work sheet or environmental impact statement. Mr. Stock did note, however, that Pollution Control Agency permits and Scott County permits would be required. Discussion ensued. It was the consensus of the Commission that they found it desirous to have officials from Del- Mac Petroleum to attend a future CDC meeting to present their project proposal to the CDC prior to proceeding with the Conditional Use Permit application. Commission members felt that this would provide Del-Mac with assistance in terms of questions that they might expect to receive from the Planning Commission and City Council . Mr. Stock stated that he would advise Del-Mac Petroleum officials of the CDC ' s desire for a presentation. Mr. Stock noted that the City has received a correspondence from Mr. Randy Kubes and Mr. Ted Jasper requesting that the City consider granting $30, 000 in HRA funds for a proposed residential development project. Mr. Stock stated that the proposed development site is somewhat difficult to develop due to irregularly shaped parcels as a result of the former railroad line which bisects the subject property. Mr. Stock also noted that bedrock is at or near the surface in this area. Finally, in order to develop the property to its highest and best use the depth of the property would require a cul-de-sac and looping of the water main. The nearest point at which the water main could be looped is over 400 feet from the potential cul-de-sac site. Looping of the Minutes of the Page -2 Community Development Commission January 16, 1991 water main would increase project costs by approximately $16, 000 . Therefore, Mr. Jaspers is proposing that the back half of the property be sold to the City for the potential use as a Public Works compound site. Mr. Stock noted that the site is presently adjacent to our current Public Works compound. Mr. Stock also noted that the City' s Public Works director does not feel that we have a need for the aforementioned property for quite some time. Mr. Jaspers is proposing that in exchange for dedicating the rear half of his property (approximately 2 . 4 acres) to the City that the HRA grant $30, 000 in funds which Mr. Jaspers proposes to apply to development project costs. Mr. Stock stated that Mr. Jaspers ' present proposal would provide for the construction of two four-plexes and two duplexes. Assuming complete construction of the proposed project in 1991, the proposed development would generate approximately $12 , 000 in net property taxes annually. At the present time, the property is generating $1, 400 in net property tax. Given that the City' s portion of the net taxes equates to 12 . 5% ($1, 500 in this example) , we can concluded that given a $30, 000 grant the payback period for the City of Shakopee would be 20 years for the proposed development. However, it is important to note that the City would be receiving property that does have some residual value. Mr. Stock stated that an alternative for the CDC to consider might be to encourage Mr. Jasper to construct the cul-de-sac and additional residential units and offer a grant of funds to offset the additional cost of looping the water main. Mr. Stock stated that he did not know whether or not the additional dwelling units that could be constructed by pursuing this option would generate enough proceeds to offset the additional road, sewer and water costs. Mr. Stock stated that if this alternative were pursued and water looping costs are estimated at $16, 000, the payback period given the additional number of residential units that can be constructed, drops to 4 . 2 years. Commissioner Albinson stated that he liked the alternative plan which would encourage the construction of a cul-de-sac and additional residential units. Commissioner Albinson went on to state that perhaps the entire project, including the looping of the water main would be feasible given the additional units that can be constructed. Commissioner Mars stated that he did not see the need for the City to buy additional property that was not needed. He felt the cul- de-sac alternative would serve to maximize the land use and increase overall tax base. Commissioner Beard questioned the funding source for the project. Mr. Stock stated that there is $175, 000 of unallocated funds in the HRA reserve fund that could be utilized as incentive to encourage the development of this property. Chairman Miller stated that, at the present time, there is no standing policy for development assistance for housing. He 4 Minutes of the Page -3 Community Development Commission January 16, 1991 stated that several years ago this type of project perhaps would have been eligible for tax increment financing, given the unusual soil conditions. Beard/Pennington moved to direct staff to contact Mr. Jasper and encourage him to proceed with the cul-de-sac development arrangement and conduct a financial analysis of the proposed development with the developer incurring the entire cost of the water main looping. Motion carried unanimously. Chairman Miller stated that if the financial analysis of the project was not feasible, the Mr. Jasper should prepare a counter proposal to the City of Shakopee. It was the consensus of the Commission members that this would be an appropriate course of action for Mr. Jasper to pursue recognizing the unusual soil conditions in this area and S.P.U.C. ' s water main looping policy. Mr. Stock presented the 1990 Community Development Commission' s Annual Report to the Commission for their review and approval . Brandmire/Albinson moved to recommend to City Council approval of the 1990 Community Development Commission' s Annual Report as submitted. Motion carried unanimously. Chairperson Miller stated that he felt the Community Development Commission accomplished a great deal in 1990 and that he hoped that even more could be accomplished in 1991. Mr. Stock shared with the Committee the 1991 One Year Work Plan. Mr. Stock noted that it is a Star City recertification requirement to complete and submit a One Year Work Plan to the Department of Trade and Economic Development. Mr. Stock stated that the Downtown Committee did approve and is recommending approval of the objectives listed in Goal #2 that relate to the Downtown Committee. Mr. Stock noted that earlier today at the Downtown Committee ' s meeting they added two objectives to the list. They include the following: 1. Notify marketing consultants indicating the positive business climate in Shakopee and the benefits the mini bypass will bring to Shakopee. 2 . Investigate whether the Downtown Revitalization Plan should be updated and determine if cost estimates should be obtained. Chairperson Miller questioned whether or not Goal #3 , Objective #4 relating to the Minnesota River Valley Trail, should read through Shakopee to the Peavey property or through Murphy' s Landing. Mr. Stock stated that it should read completion of the trail through Murphy' s Landing. Mr. Miller questioned whether or not the Park Dedication Fee structure should be reviewed by the Park Advisory Board. Mr. Albinson stated that City Council did approve an ordinance amending the Park Dedication Fee structure. Therefore, he felt that this item should be deleted from the One Year Work Plan. Minutes of the Page -4 Community Development Commission January 16, 1991 Chairman Miller questioned whether or not an objective should be added to the list in regard to the Community Development Commission' s desire to improve their relationship with the Shakopee Public Utility Commission. It was the consensus of the Commission that Objective #7 should be added to Goal #3 to read as follows: Initiate an annual meeting with the Shakopee Public Utility Commission to discuss economic development issues. It was further the consensus of the Committee to add Objective #8 to Goal #6 to read as follows: Appoint a liaison to attend Shakopee Public Utility Commission meetings on a regular basis. Chairman Miller stated that he hoped that the CDC would continue with the subcommittee process. He felt that it was very effective in 1990. He went on to state that the creation of a Housing Subcommittee was a good objective to pursue in 1991. DuBois/Mars moved to recommend to City Council approval of the Star City One Year Work Plan as amended. Motion carried unanimously. Mr. Stock then shared with the Committee the proposed Five Year Economic Development Plan. Mr. Stock noted that this was also a Star City requirement. Commissioner Mars questioned if Objective #9 under Goal #2 relating to a downtown incubator facility was a repeat of Objective #12 . Mr. Stock responded in the affirmative and suggested that Objective #9 be deleted from the list. Mr. Albinson stated that during the City Hall Siting process, City Council expressed interest in a municipal facilities complex. He questioned whether or not Objective #7 relating to the need for the development of a Community Center should be expanded to address a larger municipal facilities complex. He also stated that he felt the moratorium area and the School District Strategic Planning process which had a subcommittee looking at athletic facility space needs presents the City with a window of opportunity to bring all interested parties together to evaluate the need for a much larger municipal facilities complex site. Mr. Albinson suggested that Objective #7 under Goal #5 relating to the Community Center, be amended to read: Investigate the need for the development of a Community Center and/or municipal facilities complex center to coincide with the School District ' s athletic field subcommittee ' s study. Mr. Albinson also suggested that the time be moved up from 1993 to 1991 on this objective. Commissioner Mars stated that he would be willing to attend the next School District athletic field subcommittee meeting to determine whether or not they might be interested in having their chairperson meet with a subcommittee of the CDC and perhaps the chairperson of the Hockey Association as well as other athletic facility interests in the community, to determine if we can work together on identifying a large municipal facilities complex site that will meet the needs of all residents. Since this objective was being moved to 1991, Commission DuBois Minutes of the Page -5 Community Development Commission January 16, 1991 questioned whether or not the One Year Work Plan should be amended as well. Mr. Stock responded in the affirmative. DuBois/Mars moved to amend the One Year Work Plan to include the investigation of the need for the development of a Community Center and/or municipal facilities complex to coincide with the School District athletic facility subcommittee. Motion carried unanimously. Brandmire/Pennington moved to recommend the Star City Five Year Economic Development Work Plan to City Council for approval as amended. Motion carried unanimously. Chairman Miller and Commissioner Beard excused themselves from the meeting at 6: 30 p.m. to attend prior commitments. Vice-chairperson Albinson called for the Downtown Committee report. Mr. Stock stated that earlier this morning the Downtown Committee met and made a recommendation to the Community Development Commission regarding the continuation of the Rehab Grant Program. Mr. Stock stated that in 1990 eight Rehab Grant Program applications were reviewed and approved. Mr. Stock noted that initially the program was a one year program and that $50 , 000 was allocated to the program. Mr. Stock noted that approximately $34 , 000 of the initial funds allocated were unused. The Downtown Committee is recommending to the Community Development Commission that they recommend to the Shakopee HRA that the Rehab Grant Program be continued until such time that the remaining $34 , 000 is allocated for successful grant applicants. Commissioner Mars questioned how the program would be marketed. Mr. Stock stated that the program could be marketed in much the same way that it was when we had two specific funding cycles. Commissioner Brandmire stated that he was concerned about leaving the program open until the funds were utilized. He stated that this might take any where from one to three years. He stated that by leaving the program open we tie up funds that might be used for some other purpose. Commissioner Brandmire suggested that the program be continued but that it be reviewed on an annual basis to determine whether or not it should be continued for an additional year. Mars/Pennington moved to recommend to the Shakopee HRA that the Rehab Grant Program be continued and that it be reviewed on an annual basis to determine whether or not it should be continued. Motion carried unanimously. Vice-chairperson Albinson stated that the Transportation Coalition has a meeting scheduled for tomorrow morning. He noted that the projects all seem to be on schedule. He also noted that the Transportation Coalition is in the process of a fund raiser. Minutes of the Page -6 Community Development Commission January 16, 1991 Discussion ensued on the continuation of the Business Appreciation Program. Mr. Mars stated that he was disappointed that the community business persons did not respond to the Commission' s efforts in regard to bringing them together to discuss community issues. Vice-chairman Albinson concurred and stated that coordinating the Business Appreciation meetings took a lot of effort and the Community Development Commission received little benefit. Mr. Stock suggested that perhaps this issue should be placed on the next agenda for discussion regarding whether or not the Business Appreciation Program should be continued in its present form or amended in some fashion. It is the consensus of the Commission that this was a good idea. Mr. Stock stated that on the next agenda he will also place a discussion of the development of a City Map. Mr. Stock stated that he has received several examples from other communities which also illustrate their comprehensive plan. Mr. Stock stated that funds have been budgeted in the planning budget to promote the Comprehensive Plan. Perhaps the Comprehensive Plan and the objectives of the Community Development Commission can be jointly served by one production piece. Mr. Stock then gave a brief update on the development of the Scott County Economic Development Coalition. Mr. Stock stated that the draft Joint Powers Agreement and Bylaws are currently being reviewed by the City Attorney. Mr. Stock stated that he has met with several banks in the community who are interested in participating in the program. Mr. Stock stated that once the City Attorney has reviewed and approved the Joint Powers Agreement and Bylaws that the next step would be to present them to City Council for approval . Each of the respective cities in Scott County will be requested to follow the same process and obtain their City Council 's approval . Mr. Stock stated that he was optimistic that the whole process could be completed in February. Mars/Brandmire moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary -4- 5 MEMO TO: Mayor and City Council FROM: Barry A. Stock, Assistant City Administrator RE: Status Report - Proposed RTB Funding Cuts (Non-agenda) DATE: February 14 , 1991 INTRODUCTION: Approximately two weeks ago, I reported that the Regional Transit Board (RTB) took a significant cut in funding as a result of the Governor' s budget cuts. RTB officials subsequently informed staff that they proposed to cut $4 , 000 out of our 1991 budget. While the proposed cut in funding would have little or no affect on our transit operation, staff firmly believes that the RTB does not have the authority to cut opt-out programs below the 90% level of available funding. Keep in mind that for the past two years, the City of Shakopee has only requested 70% of the available funds. Staff contends that the intent of the opt-out legislation was to allow communities who opted-out to retain up to 90% of the available transit tax dollars levied in their community. On Thursday, February 7th staff testified at a Regional Transit Board hearing on the proposed cuts for opt-out services. Attached is an article that appeared in the St. Paul Pioneer Press regarding what transpired at the February 7 , 1991 meeting. Note that the twelve communities that have opted-out of the MTC program are united on this issue. On Monday, February 11, 1991 the Regional Transit Board' s Administration and Finance Committee tabled the RTB staff ' s proposed budget reduction because of a new interpretation by the RTB attorneys that the RTB could not impose arbitrary budget cuts on opt-out transit programs. It now appears that the RTB' s own attorneys concur with the opinion of the opt-out communities regarding the funding for opt-out programs. Following is a brief summary and interpretation of the RTB' s attorneys opinion. In the opinion of the RTB attorney, the RTB cannot impose budget cuts on opt-out programs in the arbitrary manner in which they have proposed them. Budget reductions could be imposed on opt-out programs by the RTB if: 1 . Service proposals are inconsistent with the implementation plan (RTB Five Year Plan) . 2 . Current services are not operating effectively and efficiently (i.e. meeting specified performance standards) . 3 . Opt-out program budgets exceed the 90% share of available funds. The RTB' s attorneys also believe that the opt-out legislation does not prevent the RTB from interpreting the legislation to allow the RTB to "fine tune" and have "jurisdiction" over all transit programs, including opt-out programs. It appears that we have initially won round one. However, the other transit managers operating opt-out systems and I believe that there still exists significant gray area in the legislation which the RTB will use to "exercise discretion" regarding their jurisdiction over opt-out programs. The opt-out programs are unified in their effort to actively seek legislation that clarifies the role and authority of the RTB and the funding and management of opt-out transit systems. On Tuesday, February 19, 1991 the Administration and Finance Committee of the RTB will again meet to discuss the proposed budget reductions. Following the Administration and Finance Committee meeting the full RTB Board will meet to consider acting on the Administration and Finance Committee' s recommendations. If any member of the Council has questions regarding the direction that staff is pursuing in regard to this matter, please bring them to my attention as soon as possible. I will keep you informed of any new developments as they occur. i otil._a--Y- bH g s t----y../q 1 i Twelve suburbs1 challenge transit: board's bus cuts DON AHERN STAFF WRITER Twelve suburbs that formed their own-• bus service under special state legislation are challenging the Regional Transit Board for allegedly meddling in their op- erations an?l cutting funds excessively. The transit board oversees all transit operations in the Twin Cities area,includ- ing the Metropolitan Transit Commission. I The 12 suburbs opted to drop MTC service under legislation permitting them to use,- . up se - up to 90 percent of transit taxes collected; in their areas to provide_alternate serv- ice. - But -those opt-out communities screamed in unison recently when the transit board passed on state revenue re- ductions amounting to about 3 percent of, their budgets. "We opted out because we thought the spirit of the law was that service provided_ should be commensurate with the funds. we provide," said Glenn McKee, chair- • man of the 6-week-old Minnesota Valley,• it costs this year by$3.5 million. • Transit Authority serving Apple Valley,.- An across-the-board reduction is rec- Burnsville, Eagan, Prior Lake,. . ommended so far. The transit board itself i Rosemount and Savage. would take a hit of$714,820,or 19 percent "We started drawing 85 percent of the - of the state cut; the MTC would lose $1.5 funds available," he added. "We're al-- The agencies want a clarification of the million,43 percent;the opt-outs are due to ready down 15 percent. Now you say we, ' transit board's role in their operations, ei- lose $183,000, 5 percent; and all other have to give up another$100,000." transit services would be cut back $1.2 = ther from the Legislature or a court opin- Likewise,Barry Stock, assistant Shako-'.. ion. However, no one so far has overtly million,or 33 percent. pee city administrator, said the Shakopee' threatened court action. Some transit board members, however, Area Transit operates on 70 percent of • Ehrlichmann said that if it comes to lit- seemed to be sympathetic to the opt-out the transit taxes generated in its area. igation, "Everyone wants to sue us (be agencies that are already operating below "Now we are facing budget cuts on that ' cause of cuts), even the disabled commu- their authorized allocation. 70 percent. The city of Shakopee is ready - nity." Board member Norb Theis agreed that to challenge these cuts,"he said. '- He told representatives of the opt-out the authority question raised by the agen- And the Southwest Metro Transit Com-: agencies that if be were to allow no cuts rtes needs to be answered by proper au mission serving Eden Prairie,Chanhassen ; or reduced cuts for them "that puts us to thorities.He also asked transit board staff and Chaska, also plans to challenge the • the position of not being e4uitable" with to determine if any of the agencies al- cuts and the transit board's involvement other transit providers, including the ready have had budget cuts. in its internal management, said the , MTC and Metro Mobility, which is being The transit board expects to make a fi- group's chairman,Bob Roepke. -- asked to increase its fares. He said the nal decision on cuts around the middle of "The Regional Transit Board has take • agencies are within their rights to protest this month- Representatives of opt-out what we consider to be a very liberal in-,- the cuts, "but I don't see us pursuing it agencies said that in the meantime, the, terpretation of their role and level of au-, very far." plan to lobby transit board members ant_ thority toward the management and fund, : Gov_ Arne Carlson told the transit legislators and to seek legal opinions or ing of opt out transit systems," he said at• board to reduce the state's share of trans their concerns. a recent meeting with transit board presi- . . dent Michael Ehrlichmann. - _ "Specifically, their actions include mandating budget cuts, instituting non • - negotiable contracts, requiring all profes- sional and technical services to receive prior HTB approval, and funding approv- als based on discretionary policies." ' 4,1-1 •J r'ln_ 1 nT_ITLJ`.J_I Innnn Ain 1IT^..I1n, ' -. -.-.-.- - ..-., r- ..:, ,.- r+ RECEntrn FEB 051991 tir. OF SHAKOPEE SHAKOPEE COMMUNITY YOUTH CENTER 1990 ANNUAL REPORT SHAKOPEE COMMUNITY YOUTH CENTER ANNUAL REPORT 1990 To the members of the Shakopee City Council c/o Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 February 1 , 1991 Dear Members of the City Council: Per Resolution No. 3019 , which was adopted February 7 , 1989 , and was later revised by Resolution No. 3121, the Youth Building Committee is required to submit an annual report of the Committee' s activities by the first of February each year. This report, per Resolution, is to outline the use of the building during the preceding calendar year, and include the preceding year-end financial statement, as well as the budget for the current year. The building has been fully utilized during the past year. Groups such as the Cub Scouts, Girl Scouts, Golden Gloves, Sweeney Elementary, Scott County Education Service and the Minnesota ,.:orrectional Facility have used the building. Mr. Ed Dressen has done an excellent job scheduling the building and overseeing the maintenance of the facility. The Committee appreciates his volunteer efforts on behalf of the youth of Shakopee. Mr. Dan Gerold has continued cleaning the floors on a voluntary basis , also. The Committee participated in Derby Days with volunteers from the Cub Scouts donating time to man the booth. Various improvements were made during the past year including breaker bars and a street light. These improvements were done through community organization donations. Following is a summary of the highlights of the activities of the Committee: 1990 ACTIVITIES - SHAKOPEE YOUTH CENTER January Annual report prepared and submitted. February Utility Commission checked the fire system in the building. March Shakopee City Council elected to maintain the structure of the Shakopee Community Youth Building Committee. The VFW donated the pop machine to the building. Mr. Ed Dressen was appointed as the official scheduler of the building. He was also requested to oversee the maintenance of the building. The floor was stripped and waxed. Sprinklers were installed in the kitchen and furnace room by using funds donated by the VFW. May Officers were elected as follows: Chairman LaVern Johnson Vice Chairman Gwen Marie Solseth Vice Chairman Ann Tuttle Secretary Joyce Bassinger Treasurer Gary Lindstrom July A rack for holding the folding chairs was donated by the VFW. August The Youth Building Committee had a booth at Derby Days. September Copies of the rules for use of the building were sent to the user groups to facilitate upkeep of the building. November The floor was stripped and waxed. Cleaning schedules for the Cub Scouts and Girl Scouts were set up. Breaker bars were installed with a donation from the VFW. December A street light was installed with a donation from the VFW. Overall, the Committee believes that the operation and maintenance of the Youth Building has been functioning extremely well on a volunteer basis. We continue to achieve, by working together with city government, an exceptional place for the youth of Shakopee to meet without cost to the youth. The annual financial statement is attached. Sincerely, 1990 Members of the Shakopee Community Youth Center Building LaVern Johnson Gwen Marie Solseth Ann Tuttle Joyce Bassinger Gary Lindstrom SHAKOPEE YOUTH BUILDING COMMITTEE INCOME STATEMENT FOR THE YEAR ENDED 12/31/91 INCOME: DONATIONS FROM USER GROUPS 327 . 34 COPY MACHINE 27 . 16 VENDING MACHINES 64 . 00 DERBY DAYS BOOTH 367 . 00 TOTAL INCOME 785 . 50 EXPENSES : COPY MACHINE SUPPLIES 12 . 69 CANDY & POP 283 . 91 OTHER SUPPLIES 76 . 40 BOOTH RENTAL 35 . 00 FLOOR CLEANING EXPENSE 200 . 00 CLOCKS 76 . 98 TOTAL EXPENSES 684 . 98 SURPLUS FOR YEAR 100. 52 CASH ON HAND AND IN BANK AS OF 12/31/90 651 . 89 14(1 Cjt-K( Look'C1L V`.c. t3►v Ir UC.LS R�ct L. -r/A alvv_ LL - f hLLU 3 EC AAL Pea ? Uk4i-,a _ YcL K(.11/41oK. S LL k'wi zri-* ti — KC5c Vetki) The whole world's nicer- 6ri8hter, too— • Because of thou3htfui ea le like you! P P MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 7 , 1991 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Wampach. Also Manager Van Hout and Secretary Menden . Motion by Kirchmeier, seconded by Wampach to approve the minutes of the December 3 , 1990 regular meeting and the December 18 and 21 , 1990 special meeting as kept . Motion carried. Motion by Kirchmeier, seconded by Cook to approve the minutes of the January 2 , 1991 special meeting as kept . Motion carried. Commissioner Wampach abstained. BILLS READ: Minnesota Valley Elec Coop 786 , 651 . 00 City of Shakopee 20,032 . 00 ARA/Cory Refreshment Service 130 . 00 Alden Pool and Municipal Supply Co. 704. 70 American Appraisal Associates 1 , 500 . 00 Amsterdam Printing and Litho Co. 104 . 48 Auto Central Supply 9 . 88 Bauer Built Tire and Service Center 34 . 46 R.W. Beck and Associates 5,001 . 63 Bentz Construction, Inc . 2,108. 00 Berens Super Market 27 . 57 Border States Electric Supply 1 ,735 . 00 Burmeister Electric Company 79 . 78 Business Outfitters 443 . 26 Chicago and Northwestern Transportation Co. 1 ,260 . 00 City of Shakopee 1 ,168. 09 City of Shakopee 114 . 18 City of Shakopee 128,964. 38 City of Shakopee 36 . 84 Clay' s Printing Service 28. 20 Copy Equipment , Inc . 3. 57 Cy' s Amoco 66 . 00 DPC Industries, Inc . 1, 510 . 94 Davies Water Equipment Co. 2,116 . 06 Dick' s Conoco 6. 00 Feed-Rite Controls , Inc . 45 . 37 Fresco, Inc . 6 . 27 GE Computer Service 305 . 00 Glenwood Inglewood 18 . 50 Gopher State One-Call , Inc . 331 . 00 Graybar Electric Supply Co. , Inc . 5, 568 . 20 Harmons Hardware 23 . 96 Shakopee Public Utilities Commission 110 . 78 Hennen ' s ICO 8 . 75 Klingelhutz Building Center 119 . 80 LaHass Corporation 106 . 23 Leef Bros . , Inc . 33 . 75 McGrann , Shea, Franzen, Carnival Straughn and Lamb Chartered 3,118 . 75 Metro Sales, Inc . 488 . 41 Minnesota Environmental Quality Board 312 . 91 Minnesota Municipal Utilities Association 400 . 00 Minnesota Public Utilities Commission 5, 631 . 90 Minnesota Valley Testing Laboratories, Inc . 48. 00 Motor Parts Service of Shakopee 133 . 22 NAPA Auto Parts 13 . 32 Northern States Power Co. 364 ,279 . 10 Northern States Power Co. 332 . 32 Northern States Power Co. 669 . 46 Office Products 3,415 . 00 Power Manager Users Group 1 ,031 . 40 Real Jem Jewelers 24 . 00 Redfield Electric Co. 40 . 00 Reynolds Welding Supply Co. 4 . 20 Schoell and Madson, Inc . 3,863 . 67 Scott County Surveyor ' s Office 153 . 00 Sensus Technologies , Inc . 847 . 42 Shakopee Ford, Inc . 25 . 44 Shakopee Services , Inc . 86 . 92 Simon-Midwest, Inc . 677 . 03 Starks Cleaning Services 68. 00 Stemmer Farm and Garden Supply, Inc. 110 . 00 Southwest Suburban Publishing 568. 15 T & R Service 20. 00 Truck Utilities Mfg. Co. 75 . 94 United Compucred Collections, Inc. 225 . 00 U.S. West Communications 355 .87 Lou Van Hout 62 . 38 Vision Energy 127 . 12 Krass and Monroe Group 123 . 75 Bob Theisen 26 . 72 Motion by Wampach, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. f) A communication from Greg Voxland regarding joint purchasing with Hennepin County was acknowledged. Motion by Wampach , seconded by Cook to refer communication to staff to receive and file . Motion carried. Commissioner Wampach gave the liaison report . A joint meeting with the Council will be tentatively set for March . Manager Van Hout gave an update on the service area acquisition. Motion by Kirchmeier , seconded by Wampach to offer Resolution #366 a Resolution Designating An Official Means of Publication . Ayes : Commissioners Kirchmeier, Wampach and Cook . Nayes : none . Resolution passed. Motion carried . Motion by Wampach , seconded by Kirchmeier to offer Resolution #367 A Resolution Designating Official Depositories of the Shakopee Public Utilities Commission Funds . Ayes : Commissioners Wampach, Kirchmeier and Cook. Nayes : none. Resolution passed. Motion carried. Mr. Lance Nieminic a newly acquired customer of the Shakopee Public Utilities Commission was present to discuss issues related to the acquisition . Motion by Wampach, seconded by Kirchmeier to offer Resolution #365 A Resolution in Recognition of Service to Jim Kephart . Ayes : Commissioners Wampach, Kirchmeier and Cook. Nayes : none . Resolution passed. Motion carried. There were no new plats for December, 1990 . There were no fire calls for December, 1990 . There were no lost time accidents for December, 1990 . The next regular meeting of the Shakopee Public Utilities Commission will be held on February 4, 1991 in the Utilities meeting room at 4 : 30 P.M. There will be a tentative scheduled special meeting for the Shakopee Public Utilities Commission to be held on Feb. 6 1991 to discuss personnel policies . Motion by Kirchmeier, seconded by Wampach that the meeting be adjourned. Motion carried. (A kVA arbara Menden, C ission Sec . MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on December IS , 19.C, in the Utilities meeting rook; . MEMBERS PRESENT: Commie.%ioners Kephart , Kirchmeier and Cook . Also Manager Van Hout and Ade Mussell of Cooperative Power Associat'3on . Meeting called to order by President Kephart at 4 : 30 P .M . Manager Van Hout advised that the notice of the special meeting had been posted by the Commission Secretary. Mr . Mussell discussed the objectives which Cooperative Power Association had discovered with the power supply agreement . Mr . Mussell completed his presentation and left the meeting. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. n.. Barbara Menden, Commis- ion Secretary ATTEST: Lotjan Hout , Manager •1 * A * A * A * A * A A A A A A A A A A A A A A A A A A A A * A A A A A A A A A A A -n r * (0 * co * V * 0 * A WWWWWWWWWWWWWN NN NNN * AC 0 * 0 * CO * r * r * (0(0(0(000 VO)N WNN rrrA WWNrr * 0 V1 VI A A A A I.1)r0 C)Z (0 * r * N * 0 * r * (000-000000r0(00)0NN0N(10 * NrC(N1rpr0N0 00 r 0 0 m -I -4 .0 C) C) N 1IC)C) C1-'0-(-fmmr-M(nmoo3(nI O CZSvv'v0U)0I C A O O m A z m A A C s-ImCOrn-izmzrnOmmMmoCOCC m zOmmmmm<D<D z0 Ni Z Z I x A A - 'V v U) m111-In rl>rin0 C)0DC r+-imv M mz>ZZZAmi-mr -II- -4 -4 --1 H m Z 3 r M '0 C)()In')-4iCZ<m-3A'r1-+r0' u N IXr(ncntn>mD A \ -< M 1-i -1 N N D -4 -I r m2 mv)1-(z-4m-DOrm -OmDr 0 -1�41-41 -4z-iA 0 Z Z -i 'i Z D D ri rAl2o70 --01,1-1r20---1 00 M C) 4 Z rmS000 ►41-44-1I-1 m0 0 G) C) A m m r r m rz m I-(ZZ 0m0-4.71001z-n mm D OZ zzz 1/rim Om m1 m m z m Z 1 N A00Z mOC)9u1 01.-11--(ADC)C to r -((nRRIIIn m(nrnu) C)z Z Z C) CO -4 m m Z0-4C0 Om m Zr0-01-+ nix 1 III I II mm N C) 0 m X 0 9• m(n( m 9.0 (nMZrzIr-A CO m0r3'T -4 1 •*1.11 Hm 2 < -< (n -I o C 0m00 C 1DZ-4A0-4 m z01-4r)- -1 m CC MA A m m I-I In C C) vCO C)rC) t-( m M -43m0=C) X-40.-r -4r X A Z v m W m24 CO QezQ'm < vm1-1m> 0mrr r, Z 0 3 m r 03P-1 M N -I w I-I 0. C) 3 0-11 -u In I-1 rn < MO r mm z. rA C) 01-.11A m-4I ZC In M -( Z F-1 -4 C) 1-4-4 ma m Cr m 3ZZm r11-1 Z m M C -4 0 ►r Z OM N< v WO Cl) M n c m XX 0a X rnZO 0Azz mm N m In i-1 ) mO I( 1-4 N Or Z(n -i m M C) DA N C) 00 A ZZ Z 00 -( mm N A v 71 0 -o z 1-1 A -1 IH 0 ZC) C In a N r X r r r (0 00 r r V M V V A W N O) r N r0 WO 01(40 - - - - - - rn (0 (0 0 1120 A r O) 1-00 V 0)W 0 A r W (100 (01-0) m 0 0 0 AA(.D 0 A071 W 00000(0 00 rC0N AA C)Av AZ Of 0) V V COU1(0 0001--00W V 0o 01.11C0 r C) NrN NO Wr00 C) Z -(-i 0 0 0 0 0 0 W W 0 V0000v00W0AW0000100WrW A 00NmON000m0 C O 0 0 0 0 0 0 N N A v0000000)00(A00001001N0 C) 000000x01-0A A i 1 1 1 I 1-X 1-1 0 -I Z C M <2 m A4-4 A m Z C) In m v 0 v 0) m --I r N r - A I-- r N NJ V) 0r NJ r V r r r NJ (0 O N N 0 0 r rrNA00NWrN 00VAWWr 0 000) 10A i-AW •V O) C) r r Ul 0 N OO(UlAO)rVU1N(DWrW0v00Cry V C)WNAOrOr0)VU1 M p NJ NJ (1 (1 (0 (0 0 OW00V00V(D0(Dr000000OWrV00 A ONWNOV)AONNO NJ N 0 0 00 00 00 0000 InW V000 A 000 U1000000) 0 0(1 A 000000)00 A 0 .m In In 0 0 0 0 (1 0000000000000000000U' (1 00000000000 Ni . . . . . . . - - - - - - - - - - . . . . . . . . . . A 0 0 0 0 0 0 0 0 0 00000000000000000000 0 00000000000 -4 0 0 0 0 0 0 0 0 0 00000000000000000000 0 00000000000 I-i 0 1-‹ PI NJ r A r r r (D 00 r r V V v A W N C) r N *-0 00 O 000 M (0 /0 O) 00 A r O) 1-00-4(0(4 0 A r al 000 (O r 0) A N 0 In AA(0 O A(Dr W 00000(0 00 rCN AA 0)Av A-I U) C) C) V v Co In(0 000x00(4 V 00 I In W r C) N r N N Ui (41-00 C) . . . . . . . . . . . . . . . . . . . . . . . . . -40 0 0 0 0 0 0 0 00 00 0 V0000 v 00(40 A(00000(00Wr0 A 00N 000(-4 001n of 0 C -1 0 0 0 0 0 0 N NJ A x00014100(000(A 0000(00rN In rn 00 V1000r0rInA A I I I I I x17 r D I I-- NJ r W -t r r r r r A 01- N r A r r N V I(D \v\` NJ NJ CO 00 (0 rxNAOONWrNx O(OVANWr r 0 r(ON OAW f11 C) O) r r 00 00 V C0NIA0)r'0N0Wr00.410 D0rC U) O)rNW0W(Or0AA r - - _ N NJ 0 0 0 0 A OW(ONVV00V0U100(000)r(0A W 0001C00C)0N0W A NJ NJ 0 0 N N N 004OWV0001A1-00000(00WrV r OW0(10Wr0W(0V 70 In In 0 0 W W V x01-000000001W00v0rIAA0W 0o 00000-I0VA00)0o0) I-1 A 0 0 0 0 0 0 r r 0 V01-0N00(00(00000000000 In 00-3N000(00AW0 Z v 0 0 0 0 0 0 00 00 O) v000000C)NAA0000r00oo0 A 000000100(00O) C) D RI C) ) In NJ r r (D 00 00 1- WN O) N r 00 N r 0 ....10.4 00 V W C)00 . . . . . . • . . . -o V V 0 r A1N W WAN VVC)NN CO 00W(n AV NV00 C) -I r rn r DC cD C)Z co 0 0 1- 0 c C) Z O H v m G) 0 cn rn m C)Z -n rn to C N _ Z D D O -4 r z M 0 -C Orn v O zc m -1 Z m D 0 I- 73 0 71 M M 0 Z C) C 73 m W x N 73 m -J m o az o c) z -1-1 W c v N r z 1-1 O -4 Z C -I 73 [ < m 1. z N D 73 z n rn m 0 0 73 -1 - D 4,1 v+ - W 0 r 'p 47 1J1 M o -i O ►� 0 Z< FT{ w N ▪ 73 V a O D 1 Cn O 0 --4 0 0 W C m N D r-•17.7 D A W - -4 I- N.)N N m CD CO A D Co 4-1 O) Z � 0o n D vy 11 ✓ • -o r 0 -i N 1 ww(ww(wwwWWW(W * WWWWwWwwW * WWWWWWwwWWWwwwwwca * www rn r 00000000000Uiui0 * wwwwwwwww * * 000 DC CO NNNNrrrrrrr000 * UTAWWN(VNNN * O)O)(nwwwwww WWrrf. r00 * NN1 ()Z (0 AWrOmvAWNr00vM * Or-vNAWNr0 * r-00(000v0)U)ACJNANro(oo * U)Nr 00 r 03-00-IMMODvmmD< r•+ C1*30v-02r0 r 3v320m0£3-o Omr- )•-if) -t rrnC) 0 C) -4)-ICzrimr>UrzzOD Z m000-40000-1 1-+ r+01-40-irmmmrcrrmr•4Dm> D Or+m zo r, mom --1-1Dr)DG)L)3r -i >Omnrr3C)D C) (nvoamrn£rocl-s 7m0mD0o x OUZ -ir --1 rnC)r rD-immz. r(r+r m zm)-4-i,..11-4mD-1 m C) C)(nmOmr23r> CrC)r m C)A- \ -< m• r.r mr•((n N ZZm = -smr-rnC)A(nrm Z • r• r-Im--iM DWOM OMXM cn i-i> O 1-oC)A Z10000M0-4-< C) U)C)m mm-1 fn r+ z-im mzr-41.rnrx, Zrr mo 0 W mmmmm3=Arm(- 0 e > 2 MOO m ZC 0)C 4-49+m4-1ZZ14-i mm> C) m OM ', 70- £3xvm mmDv1D < 012£1UDQA N Orc OC) 7DC)C01C)rmv0 O< Oz m£Q01. NOZC)0)-i -i m 1m0<ao10<> Zzcn1vD£31. rnmrr>>0 1r.< mm cn mxm<3-*1001xmzDz z 2 X. DD -iz 9 ) cn• DrnrDMrvv ZC)Zzm Do Hm 2 >U) )*r+mzC) 01 3 m1rn31--1 1 mm r+z 11 mmrom))U xv ) vD > r-i- (Or-Zm i C(Tfm H m aD DZm DV) v CN-Zs-Ivm(-Ozzr-ImZ22(n > -1r 7C mo 1.0<3nmm(0< z x rr-i r, m N m--4Z(X m3IONWo-r, ac) r, MX -1 D R)D m ru r()(T) 1 C) Z Z D 0 X • X OM Me-41-4M M O O T! r+C OM Mm ri zZz z D 0 --10r cn 3 3v 3v 311z cnmmm 171 zC m <1 0 ) 1C) <T r < • 0 r r s-+M 0 -+rn r+NN(n m rim 1 rl 1-4.--I Z 002 r(m -i -i r-i -40M-IM -4 m N Mm 0 0)r Z N MO H N C) N0M(n3 N N NZ 00 0 N C 0 r3- 1( 1 C 4-Z4 -i N N --1 N m (n m W -4 73 rn M Z C MO C W N 00 v 70 A r r N P-.•...1 CO W(0 77 M W WA N V Of (0 U) 0)r r0orr 0 AU) m 0 v Woo v(0(0 0) co 0 v 0 MA 0)(00)00 U) 00 I- 00 v D Z 0) U)(000000ArA 0 0 V 0 COA0A0000) 0 r(0(0 C) < 00(00000c/10000-00C) 000)000000 N 00000000(VU)U)000000 N r0-4C1 m 00000000000000 r 001-000000 U) 00000000000000000 N 0 A ao D r3 Z 0 C Z m i -I <= M > z m N > v Z C) 0 m M 1 v C) -I N r - - m r U1 N N W r 0 r oo U) A Corr (0 r vAU) W r rNN 0)Nv (0 co-4A 1 W N v(2NJUN000 A Ar-0)00(000 N rU)N 000 Ar0)0 N 00N • N0 0 W00000000 N ON00000 C) NU) U)v00000v0000 (n 000 M 00 0 000000000 00 00000000 0 00 000000000000 00 0000 m 00 0 000000000 0 0000000 0 00 000000000000 0 000 < rn 00000000000000 0 000000000 0 00000000000000000 0 000 Z 00000000000000 0 0. 0000000 0 00000000000000000 0 000 C M < m D W N m V A r r N ry W WW 73 (4 00A N V 0) CO U) 0)r r0Orr 0 AU) b 0 v W 00 V(0(0 O) 00 00 V 0 MA 0)(0 0)00 U1 00 5-00 v D 1 (0 O) U1(00000ArA 0 0 v 0 A(0 0A000) 0 r(O(O C) 00(0000000001-00 0) 000)000000 N 00000000N00000000 U) r0)v CQ Om 00000000000000 r 001-000000 U) 00000000(000000000 N 0A00 D r-0 r D ) NJ r W -1 r r U) N N (4 0 00 ) A A CO r vA U) 0 r r(O 0)Nv O V(OA rn (0 W N 0)Wr01-00(O(O A Ar0)00(000 0 N rU)N (DOOM Wr0)0 (0 MON r NOw0 W0)00v0N(OW r O)--00000 O) NO 00w0m0000o000 A U)AU > 0000 ON0)rNrO(0W (0 0~000000 N 00 Ow0OWOWNA000 0 00x0 70 000)0 OcnANNOU O0 (O 0(000000 N 00 0C)r0AU)r0A000 (O 0000 r-( D 00(00000(0000(000 w 00w000000 v 00000000v00000000 A (0WN Z v 00000000000000 (0 00(0000000 0 00000000000000000 CO O0)N C) D ) ) 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 ) ) 1 1 1 1 1 1 1 1 1 1 1 1 I ) 1 1 m C) U) rn OC 1-1- 0 NN A rNA(OAr 0) 0) (0 0 AO) rU)N U)W A AO) vAA(n U)N 0) V Of 0 NO -.44J10)-4X 0 W00 C) o. 1 r * W >f W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W m r * rn * rnrnrnrnNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNcnNtriNNNNN DC (D * O) * NNIn N(O(O(DCO(O(Dcoc0000000vVVVVVVO)O)mmmmm Ito V)V)V)A AAAAAwwwwrvNN C)Z Co * O * ACJN0-4mulWNr(Ocp VCnt-(OOOtnWNt-O(OmtnAww1-0(OMVW(omwNrO(OWNh co-Jm 00 p.. O 0 S ►►A-I4xmmO►-10000000000000000m00V00p0lm.p,mi-omr.3-(Zpm>$-(p.3-4000-+ z0 ►O-( C C > -v<73-<C t Ci-C-(-Ci-1-4-Ci�-fCcc11cD-.rC-rrC-rrrrZlZO -.<03.3-(vD)mmzc-')001-4r �~ -< • 1 -� C) DC)tnv 22222SS222S2222S�-i-t--r--1-i-i-(,-itp,..(,...(000. 3(n0 0 p mm 0 m A rmm-i 00>03>›,041) DI-1Z C) NV000mG) 0 • m m N mop-f 0000<x--('* om0wNW(OZ-(rnr~ 0>03>›,0*7N<-nW-(Wm r rrOmz,-( 0>mm00 Nm m `" I-1 C)mz01<v0 , mO>O0Ax>pvzp 0001>mmOxr0 rC0C0-4rrm0r..4 rip C)z Z Z m -zG)1-(0 3OrC)Z000TOti0Omr-,C0-r)r00)-,OC►r 2m ZO Z�.r-.rmrOOD nom (0 m m 0 0< Nm zzr0z-Imx-i0 xo0m00-ir-ixmoo--rrnrn< prr(nC)p(n(nr-(zzz r,m S N N a7 MCm0-z-I 00 -ImrN-Dip D<D1N co --IZ mi-.(,-orrI,m 9.9.mW , m -m(r X V) zm<C/) --I W1 rr rDCC f-I 1-0DiWr00 Dr-Imrm-I m 0 rnDm `-.C)Dz rr rrC> z OZr>r> rOzOmw m0000 (0T0 0 Om m m C)zrm C)Dr< r(nr G) 2C) r r rZ1 Z0zr I 11--Ir*) 0 ZC m )<+ m0m rn tnir� r rn r r Dzx 13N v Dzm r Z m m mpg N z rZZ rimNrn 0 O(n,<+ p ZZ -+-I r W 0 CO DD -< m M rr Cl) (n m rn rn rn o1 m m m z c m C) C m N to N O) N N r r N 0.. A .'0 0-. r V) (D N00 (O NI-. W r (DO N m V) VI (D A W V A N N 0) CO N C)(D I- 0) 0o A ›Z m r r N -0)000 v OA N W AMA 0 V) W C) < 0) 0) O O N A(..)p O v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O C V m co co 0 O O A r O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D r3 z O c z m 1 <2 z D M m 04 D v Z C) 0 M M 1 v C) -4 0o A rn O O CO N V) I,,,,, N V V N N 00rNr0)r-I WArW Ar-.-I•--Nr r-N 1.- ...� _ _ COC70Wrr rA Wo-.N tOVNWrr r CO CO V 0 O(nV70(O4t.Nwvoo(nr C-Ntn00)OwWr 0(0rr(ON NVVAropN I-Otn000 ON m (n N N 0 000VNOrO(nOOcnOvv0(n0vQN(nrtn(n000000v(n0(n000000 00 m O O O O OOO(n(n0(,000000(nVt00000tnNO00000000(nQO0000000 00 < O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C m -< m N D N (n 0) ',Jul r r N r m r r N (ONW co p')'- W r (OO N ,_. N D N N CO A W V A VI CAM (0 N 00(0 1-. O) 00 A D-I (/) I.-. r N v0)00 v OA N W ANA O N W A N O) 0 O N A w 0 0 v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O C-1O O CO (D O 00A1--.00W0000000000000000000000000000000000000000 0Ar00N0000000000000000000000000000000000000000 D I-0 0- > D I W 0o 41. -I r C) N N A I N N (D N NNNrA r1 WArW 0- 0-.1-•1-.N r m co Arrrr col-i-0- W WrN COVNWOr r r V V I- OCVCAOCANWv CNICNVIOCOrrr0NIO(NIO)VI-,- N) I00000O NON > (D CO N OAC)NNVC)0IONOOVOvvOcn0 )4NcnrtnNO(OcoOAvtnON00001-0 42.00 z 00 0o co OvwrNUV0cn000000UU0000CVINCOVOCACOON0000000N0 WOO H W (.) 0 0NNCO0N0000000000000000000000000000000000000N00 Z . r r 0 0 0 N(D 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A > I I I I I I I I , , I 1 I 11111 11111111111 I I I I I I , , 1 1 1 ( 1 , , , I I m G) N N r N O) r ao N m CO v v W corr co mo r 0 OC)N v 0) 01 O 0(4(0 W Nm N V W0--0 CA CO C) -4 N • • • • • • • • • • • • • • • • • * WW * wwww(aw rn • (0(0 * 0)0)00 00 00 0) D C (0 * r0 (ONNN(Vr C)Z fO s 00 * OWN1....00 C)0 r 0 -1 0-4 3 1730730H c c) z vz H 1-4mOmDZ ZO H D CD (I) 0C)ZZr-1 Z C)z C) nm-1-1mm • { Cl) OM r MM77 ))4 Om OG) O • rn Om r f--403MONm -n ZM D DHC -1 C)2 -11 V) -1(n Z Z O-1 0 MM 0 c = m R1z1-4 •. 1-473 Z 1-4 0 0 0 -1 m> > O C cc 0(/ Cl) C ) l--+ 0 -1 -1 Z OM - 0 H -4 ZC m -+ 0 7 O 2 m a z H v 0 r CO to c 73 -1 -4 H -< 0 z In rn N 73 m m z c mo C r 0) r r A V V .Z) m �+ oo 00 m V (0 coo >z (n w (0 A o C) < - . . . - - --1--1 0 0 00 0 000000 c m V O O O O 000000 > r-1 z O C Z m • D z m O m - m Vt A Nr r (n (!) 0 V M N r (O -1 W M M r U1 • • W WO r OA V O M W 000 v1 OO w O M (n (n (no 0 00 0 0 < 0 00 0 000000 z 0 00 0 000000 C rn m r D rn r r ✓ 00 W 0 (!1 W CO AO 0 O 00 O 000000 C O 00 O 000000 D r0 D 1 W A Nr 00 0 V0) 0 I- 1-.(0 m (0 V V1 Ar 0 V0) ry V1 r A 00 r((OO WUN OA W010 > • C0O D0000A Vr0 )OOH • • • O 00O 000000 2 'a W 0 00 0 000000 C) D 1 1 ii ( rn .n 1r r N W A f. 0 -0 Cr) (S1 r (0 C) --1 W I 1 TO: Mayor Laurent Members of the City Council FROM: Tom Steininger, Chief of Police SUBJECT: Snowmobile Ordinance DATE: 021591 INTRODUCTION: Attached, please find copies of Snowmobile Regulations from ten communities that are representative of what cities the size of Shakopee are doing to address this problem. BACKGROUND: At your meeting on 01 22 91, Council directed the Police Department to make information regarding illegal snowmobile operation available to the public through the Shakopee Valley News, to cause additional signs to be placed near the pedestrian walkway near the Junior High School if necessary, to observe the results of these actions and to check snowmobile regulations as they exist in surrounding communities. The Shakopee Valley News printed a very informative article which appeared in the 01 31 91 issue. The weather since the article has been too warm for snowmobiling so no observations could be made as to the effectiveness of the article. The City Engineer has been contacted regarding signs near the pedestrian trail Review of the attached ordinances will disclose that all of them are spin offs of State Statute which have been tailored to suit a particular jurisdiction. The Shakopee Ordinance compares favorable with these examples. ALTERNATIVES: This is an informational item. RECOMMENDATIONS: Request the Shakopee Valley News reprint the informational article at the start of nest year' s snowmobile season and monitor snowmobile operation in terms of voluntary compliance before making any decision regarding stricter regulations. REQUESTED ACTION: This is an informational item. // TO: Chief Steininger FROM: Sgt. Erlandsen DATE: 2-13-91 RE: SNOWMOBILE ORDINANCE COMPARISON The following represents a comparison of snowmobile ordinances from the following communities: 1. Bloomington 2 . Chaska 3 . Eden Prairie 4 . Oakdale 5. Olivia 6. Paynseville 7 . Pine Island 8 . Prior lake 9 . Ramsey 10. Savage 11. Shakopee Minnesota State Statutes regulating snowmobile registration and operation have been widely adopted and incorporated into local ordinances. With the exception of Bloomington, which does not allow snowmobile operation in the city limits, the surveyed communities follow closely the State Statutes in their respective snowmobile ordinances. Using the State Statutes as a model, most communities have custom designed their own ordinances to accomodate specific needs unique to their area. The use of that "common thread" for the snowmobile ordinances listed above have created them essentially the same. Differences occur in layout, configuration and numbering, as well as addressing particular concerns of the community, but the rudiments of each remains constant. The following sections of Shakopee's Snowmobile Ordinance closely follow state statute: Definitions, Operation, Direct Crossings, Yield Right-of-Way, Persons Under 18, Equipment, Locking Vehicle, Emergency, Animals, Signal from Officer to Stop. Enclosed are copies of each ordinance listed above. You will note that Shakopee's Snowmobile Ordinance is comprehensive and to the point. // MLi _ 183 University Ave.East -- St.Paul,MN 55101.2526 League of Minnesota Cities (612)227-5600(FAX:221.0986) January 24 , 1991 Pat Mohrbacher Shakopee Police Department 476 Gorman Shakopee, MN 55379 Dear Ms. Mohrbacher: The sample snowmobile ordinances you requested are • enclosed. I looked especially for for samples from the cities you mentioned, however, we did not have them in our files. In order to provide examples of the provisions you requested I combined some metro-area samples with others from out-state. The city can regulate the operation of snowmobiles so long as it is consistent with the state statutes and rules. Copies of these materials (M.S. 84.81 - 84.88 and MN Rules 6100. 5000 - 6100. 6000, 7460.5100 - 7460. 5200) are enclosed for your use. Sincerely, 7"Jeannette Bach Asst. Research Director Encl: �.� e, �•t Rj n-r-ivc`„I ,r,,., '. 47c `=Yy-» " ri.a^l4• 8 . 30 �/ r �.J J SEC. S.3C. SNOWMOBILE AND ALL-TERRAIN AFFIC CONTROL AND REGULATIONS. S,.GC. 1. Definitions. The following terms, as ,:se^. _n .-his Section, shall have the meanings stated: A. The term "Snowmobile" means a self-propelled vehicle des ones fo: travel on snow or ice sr== r0d by skis or a. "all -terrain a n.,"n— The terms are__ai. vehicle c_- r._ refL ers to trail bikes, mini bikes, mopeds, amphibiO'us vehicles and similar devices other than snowmobiles used at least partially for travel on natural terrain but not "special mobile ecuioment" defined in *..5. 15E.0=1, Subdivision 22, which is hereby inccrcc:atec herein by r=`,=renc_. C. The term "owner" means a person, other than a lien holder having the property _n C: title to a snowmobile C: entitled to the use cr possession thereof. D. The term "operate" means to ride in or on and the Cte=a _ion of a snowmobile C: AT . The term "operator" means every person who c =_ a e s or is in actual physical control cf a si+owmrri i = ATV. _ Cr The term "=adman throttle" or " safety throttle" ma ns a Cevi oe which when oressure is removed from the engine Z^..�,Sa-=t.^.: or throttle, causes the motorto be d_sengeoe.^. - - from the driving mechanism. ` G. The term "natural terrain" means areas other than roadw__•s or driveways (private or cublic) , barking lots and • other areas the surface of which has been _-tent_cna.'v mr.=: == for mot.._ vehicle op=-=-ion there..n. Suod. 2. Scooe of Atp_icatio n. Notwithstanding provi- sions of this Cha:tel to the contrary, this Section shat: apply to control of ____tic and :eco:_=t_cn cf that certain class of vehicles failing within the definition cf snowmobiles or ATV as to matters Set forthh==='n. A71 -ov isicns C•= t: _ tel, not relating to mattes herein state:, apt _y as =7,=71y to snowmobiles G: __v as other vehicles. Subd. 3 . Opel atio n. =', b==t as other wise herein permitted, it is unlawful for and person to operate a snowmobile or ATV not licensed as a morcr vel ic_e as follows: : =v �Cooe Source: �.n� MLLa"ti a Date : 4-1-78 A. On the o-_-ion of en _ ' _ c -way cf any t-,1:17,1 ; - h_th r a ' at_ ee roar , a__ Cr alley used for motor vehicle travel, except that a ysnowm..'.i , c may operate upon the most :t .. hand lane of a m _cup__ street C: alley and may in pass_. , or ak_na a _ hand turn, ^-_____- on c_a=__ net which =:= used for • venic_e traffic _n thesame direction. A snowmobile may also be / / S 8 . 30 operated upon the ditch bottom or the outside bank of trunk, County State-aid and County hichways where such hichways are so conficured within .the corporate limits. Source: Ordinance No. 187 , 4th Series =ffective Date: 1-30-35 3. On a ^14 - sidewalk c: - ovce trail provided fc_ -,edest: _a:: or bicycle travel . C. On boulevards within any public richt-of-way. D. On private property cf another without spa `; ^ of the owner or person in coni:c_ cf said property. Z. A: a rate cf speed create: than reasonable or proper under a-1 surrounding circumstances. . At any place in a careless , reckless or necli pent manner or hoc;l asci y disregard of the : C.hzs or safe=_y of others, Cr in a manner so as to endanger or be likely to endanger Cr cause injury o: damage to any person or property. Source: City Code ===ective Date: 4-1-78 G. Snowmobile operations shall be permitted on the City streets when traveling directly to or from the residence of the operator and the nearest Trail System access at a rate of speed not in excess of fifteen (15) miles ae_ hour. Source : Ordinance Nc. 157 , 4th Series ...art. 1-30-S5 E. So as to tow any person or thing except through C- a rigid towba: attached ached to the rear o_ the snowmobile or use --.- At env -lace while under the inf_u1Once of alcohol or d=ucs as defined in M.S.L. 1c:.1:1, which is hereby i^.:oro Orated herein by _e_erence. within 100 feet of any pedestrian, fisherman , skat_. :_..k sl_c:nc a:_a where the operation w^-l^ ccnct wit_ the use or endance: other perso^.5 or --ova:7.y. St-bd. 4. Orders. 2n addition to the regulations tro: _ded i.. S',=b:_C15io:, 3, it is unlawful to operate a snowmobile or 1177.7 on an -_ ub-i- - age where z:o kited by orce: of the Cita he :ity snort have th= power , by written order, to =ronibit such Coe_a_ion whenever in i s-_etion the same would be likely to t_ oduce d=m--g= to _ ole_ _ or en:anger the safety or repose of otter persons. are== shall be aomro__ :ate_y sign-posted bef^rre ouch O:.^_e: =.nail b :.7 a ====--",7=. Subd. O_:e _ - os_in: . -A snowmobile Cr ATV may make adirect cross_nc c= _ street orhicnway, 5xCatt an interstate • hwav orfreeway, provided: ided: • __, .- (8-1-86) i L /01/ 1 I I ORDINANCE NO. 141 • Fourth Series • An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 8 of F The Shakopee City Code Entitled "Traffic Regulations" by Enacting a New Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor". THE CITY COUNCIL OF THE CITY OP SIHAKOPEE• ORDAINS: SECTION 1 : A New Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or a petty misdemeanor" is adopted as follows: Subd 4 Any ve-ic3e used in or during the violation of any provision of - k Section 8. 30 shall be impounded for 60 days in addition to any other penalty provided in Section 8. 99. SECTION Il: General Penalty Provisions Adonrcd The Shakopee City Code Chapter 1 entitled "General Provisions and Definitions • Applicable to the Entire City Code including penalty provisions" and Section 8.99 cn t.led "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety Oy reference a; though repeated verbatim herein. SECTION III: - When in Force This ordinance shall be published once in the cfflcai newspaper of the City of Shakopee and shall be in full force and effect Cr. an,. after the fate_ _ _ dam_ of such publication. ( Adopted by the Shakopee CityCouncil this cc. 1 984. ( ATTEST: Mayor of the City of Shakc?ee City Clerk r' Approved and prepared as to corm this 4th day of January, 1984. /4 City Attorney I) r. • s 8 .30 X. The crossinc is made at an -angle of approxi- ,---,1 mately 90 decrees to the direction of the street or hichwav and at a place where no obstruction prevents a cuick and safe crossinc. E. The snowmobile or ATV is brought to a complete Stop before crossing the shoulder or main traveled way. C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. D. In crossinc a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. E. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions cf T=^" visibility , _only -f both `front and rear lights are on. ATV not licensed as a motor ve;h_cla are forbidden crosslee`s except when are pushed across by to 1:hw2� S or St. - a.. _ they y human power. ATV wren tushed across highways co streets shall be subject to all the red lations of this Section. Source: City Code y-L=�.� �y= Late . •i �-1 -78 Subd. 6. Yielding the Right-of-Way. It is unlawful for any yerson operating a snowmobile t0 enter any intersection without yielding the right-of-wav to any vehicles. or oefest_ ians at the intersection, or sO close tO the i..-=-c=-_icn as to constitute an - immediate [hazard. S • ubd. 7. ?e_sons Inde_ . rt -- is '- .-aw_u? for any oe_-on un e_ the ace c fou_ teen (-=) years to cerate a snowmobile on streets , in City parks or C-___ oubiic land, or the roadway surface of highways, or make a 4 ' -=-O cr^=e ny of a trunk, County State-aid, or County highway as the ope_ of a snowmobile. A person fourteen (14) years o= === or old== , but s=r.s thanEighteen (18) years of are , may operate a snow wo=_-e as =rmitte: under t:is Sec tion, only if he has in ..-a pods=== ^n, a safety certificate issued bv the Comm cc:^h=_ cf Natural Resources as ^'wide: by 84.872. =t _s unlawful for the owner o= a snowmobile tO permitthe sr:owmobi-e to be Co==ated eo..-_c_ tt the ovisions of this Sectio n. _ Source . --- -hanoe No. 187 , 4 _- _es Ef=s=tave Dat_ - 1-30-886 Subd. 8. _pmen :. It is unlawful for any person to 0-,=-='-a sn ' i i e o= ATV any _ _ate 4; __-_n the Ci tv unless it __ a Ow,:JC: eco too^ with the follow_. A. Standar- =-"1 =-s wh' -h are attached a-f w re;.:.__ the n-4== of hoe_-__c:: o_ oh= mote= to t- m ___ necessaryfor c era i^ No person _hall use a cot-out, • motor . - (E-1-506) if § 8 .30 B. Brakes adequate to control the movement to stop c= and* �'� operation.and hold the snowmobile or ATV under any conditioncf 1 C. A safety y or so-called "deadrnian" throttle in operating condition. D. When operated between the hours of one-half hour after sunset to one-Wali hour before sunriset r re.4- e, visibility, at least one clear at a line of lamp attached to the- front, with sufficient intensity to reveal persons ea p sorts and vehicles at a distance of at least 100 feet ahead during the hours of darkness sand under normal atmospheric conditions. Such head lamp shall be aimed that glaring rays a:a no: projected into the eyes of an oncozinc snowmobile or ATV Operator. Operator. it shall also be ecu_p- oedwith at least one red tail � having a minimum candlepower o=s . i �; e -_ intensity to exhibit red l1C^t ?lG=^lV visible from a Cr 5J0 feet to _ea: during the tours of darkness under normal atmosphericconditions. - Reflective material at least 16 s:La:e inches'S Caaa`^ s de , forward of the handlebars, or Steering device of asnownobie o: rTJ a _ the e a niches' practical point on any towed pc` as to reflect light at a 90 decree ancle. Subd. 9. Lockinc Vel; T_ i person to leave a snow=bile ATV " 5 "llaw't`, -C: any .!..bile or tbn a public Place unless he shall lock the ignition, remove the key and take the same with him. i- . Source: City Code 17=,:=--4v= ^Late. 4-1-78 • Sub-l. 10. : er:�encieeNo:wi` _ _ of Cte: _i n a snowmobile _o_ t b_l o be - .:p0 a .:w a y to the contrary, a EZOWMO- m=y operated on an `^o=oL: .a:e in an emergency the period of time when, az 1....=_loris where, t ' impractical. _ _ snow upon the roadway render s =ravel b�� automobile i ^reg i - Source: Ordinance No. 187, 4zh Se: ies Date . _-30-55 • Sub ' 1 . Animals. _t is u._a =Li to intentionallyd:`VQ, chase, run over or kill anyanimal with a snowmobile or ATV S'ubC. _L. S_cnal _ room 0"4 -e- tC Stop. is i for a snowmobile Cr ATV CPerator - _ ' ` unlawful p�,.. i :,� e s - , r..�_ , G_ t_ .la��til_: ro,.�; Vad a C' e; e C:Ct nal _:C any ak e.a�v_ ..eae::_ C`- ' ^c- to come to s_op, to (a) roper ate a snowmobileor ATV `in willful O: wanton d Ca: of such signal, i -e.. - re wanton e-=0::e-la.._- ,. rti ,.er or (b) int0-''=re with Cr endance= the. law ens S7?e:• oro ---a- -Cr a y other Per son or Jehic-e, or (C) increase att_. ?t to _lee or elude the ; ,ter v . .,..__c C_:r• Cod_ Daze: 4-1 -78 • ei:tea.., (Sections E.3 ,_ t.-_ v.. 5.95 , "'C vim , rpc=:ye.. _...: future • (8-1-88) /1 �--� 5 8.99 • SEC:. 8.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Evert - person violates a section, subdivision, paracrach or crov_sicn of this Chapter when he Per=oras an act thereby ^rchibited c: declared unlaw`ul, or =ails to ac _ when such failure is thereby prop_cited or declared unlawful, and ucon conviction thereof, shall be punished as follows: Sufic. where the spec ' ` ' - section, subdivision , caracrach or rov_sion sce-_`_ica__'v raKes violation a misdemeanor , he shall be punished as for a misdemeanor ; where a violation is ' n a manner or under circumstances so as to endance: or be tie_ • to endancer any person or y operty, he shall be punished as for a ... sde�ea...._ , whestands convicted of violation of any _ _re he -_ prov .. e..l on or s ex -us_ve v _o_r ..ions ,-elating to ..he standinc or parkin: of an unattended vehicle, within the immediate =receding l2-month period for the _n_rd or subsecuent time , he . shall be punished as for a misdemeanor. Subd. 2. As to anv vic.at_ons not cons- i --- ' no a misdemeanor under the provisions of Subdivision I hereof, he shall be ^• -.is:-ped as for a nett` misdemeanor. Subd. 1. As to any violation of a ..revision ado-ted by :e f efence, he shall be Oun.i_hed as ✓fie_. - , o ^ n 51.^..^. =rovision, so �� a d^.�to: � ;,,�, <f• c%'Y>^ 'v`�..t/)'�vY:.1n�✓•' - Sour-. : C_ tL ..ode :Effective Daze: 4-1 -78 Subd. 4. Any ve.^.1..-e '.'So " in or fur in: the vielation of any =revision of Section Q.SOsh_ oe _mhounded for 60 days in addition to Env oche_ n=netv =rovA=d _n ...__ Section. So:._ce: Ordnance No. `._ 4th Series Date : --26-84 l.i INFORMATION SERVICE League of Minnesota Cities Classification # 3. _ 183 University Ave E. Municipality t!,..2...4_.,,. ,,‘4....___ St. Paul , MN 55101 Date 1 y_) - Subject ‘dinance No. 216 2.3 Operation of MI-Terrain `% Vehicles The operation of all- \ rrain vehicles on public CITY OF OLIVIA streets in the City of Olivia is ORDINANCE NO.216 strictlyrohibited. p All-terrain 3.2. the registered owner vehicles;nta}• be operated in demonstrates that the AN ORDINANCE aeeordance with •Section 2.4 REGULATINGlitavw between the hours of 8 snowmobile either was stolen or SNOWMOBILES AND ALL- a.m. and 10 p.m. was not in use at the time of the TERRAIN VEHICLES 2.4. Operation on Certain alleged unlawful conduct or WITHIN THE CITY OF Property Prohibited It shall be 3.3. the registered fo owner OLIVIA, MINNESOTA, unlawful to operate a officersurnihes to law enforcement PLACING RESTRICTIONS ON snowmobile or all-terrain upon request the THE USE AND OPERATION vehicle upon any sidewalks, ' identity of the person in actual OF SNOWMOBILES AND ALL- boulevards, parks, golf course, physical control of the TERRAIN VEHICLES parking lots, alleys (other than snowmobile or all-terrain WITHIN THE CITY OF direct access to and from the unlawf at the time of such OLIVIA AND PROVIDING operator's residence), school unlawful conduct. PENALTIES FOR THE grounds, airport runways or This section shall not apply to •VIOLATION THEREOF other public or private propertany person who rents or leases within the City of Olivia other ; snow •mobles or all-terrain THE CITY COUNCIL OF THE than the property of the• � vehicles if such person keeps a CITY OF OLIVIA DOES operator or the property of ; record of the name and address HEREBY ORDAIN AS another person when that other of the person or persons renting I FOLLOWS: person has elven permission for or leasing the snowmobile or the use of his property by the ! all-terrain vehicle, the SECTION 1. The laws of the operator of the snowmobile or 'registration number thereof, all-terrain vehicle. the departure date and time and State of Minnesota as set forth • in Minnesota Statutes Section 2.5. Single File Traffic Only expected time of return. • 84.81 through Section 84.928 and Snowmobiles traveling together The prosecution of the owner • Chapter 169 are adopted in full. or being driven in the same of a snowmobile or all-terrain The definitions of direction must travel in single vehicle under this section shall "snowmobile" and "all-terrain file.It shall be unlawful for 2 or • not operate to limit or bar the more snowmobiles to travel prosecution of the snowmobile vehicle" for purposes of this ordinance shall be the same as abreast on any street within the operator for violations of this those set forth in Minnesota City of Olivia. ordinance or .applicable Min- Statutes Sections 84.81 and 84.92 2.6. Rigid Tow Bar Required : nesota statutes. respectively. It shall be unlawful for any j snowmobile to tow a sled, I SECTION 4. A violation of this • SECTION 2. The following wagon, toboggan, skier or any ordinance shall be a regulations shall apply to the other objector person except by misdemeanor, subject to the I operation of all snowmobiles means of a rigid tow bar affixed maximum and all-terrain vehicles penalties provided I to the rear of the snowmobile. by law for misdemeanors. operated within the City of Olivia: SECTION 3.It shall be unlawful Dated this 21st day of March, for the registered owner of a 1588. 2.1. Speed No snowmobile or snowmobile or all-terrain. all-terrain vehicle shall be vehicle to allow his or her CITY OF OLIVIA operated at a speed in excess of j snowmobile or . all-terrain E. :, 15 miles per hour. vehicle to be operated contrary 3•: John R. Stumpf, Mayor 2.2 Operation of Snowmobiles to this ordinance or governing 4: Larry Bethel, City Clerk 1 c Between 8 a.m. and 10 p.m. state law.The registered owner snowmobiles may be operated of the snowmobile or all-terrain rbl. March 30, 1988) �' on the streets of the City of Vehicle may not be prosecuted OIivia in accordance with this and punished if a r ordinance and the laws of the 3.1the snowmobile or all- ' J State of Minnesota. After 10 terrain vehicle was reported as . . C p.m. and prior to 8 a.m. it shall stolen •to the Commissioner of • be unlawful to operate a Natural Resources or a law • snowmobile on public or private enforcement agency at the time , • property except for entering or the alleged unlawful conduct �. leaving the City by the most oCCU-'Ted or direct route to and from the; ops;ator's residence. 1 • / / INFORM;TION SERVICE Classification # '" ?S League of Minnesota Cities 183 University Ave E. Municipality �-t�e., St. Paul , MN 55101 Date 1 . 85 Subject SNOWMOBILE ORDINANCE Chanter 1a. 9npr d Re nooaea and • Crosson Yarrow .r„ Sncaa..a.385 ,3 ..c. ,S-,. ►teorppranpn. Any persons common;a anorrroom o the C',d cute*. unome orv+wd oo+uww rrrnn.Mad De suoec m OxM of Minnesota S&Coes.as amerced.Sedpon 5411 to + 64.90.nooses.and b or Rom/mons dor Car.ns„oner d Naivad Resources N.R.51 to Si.mown.los=are nm• Ooretei It and mea a pat d to Croce(as mrtgrcent as set out here n felt Sec.10.2.OOereoon of Presto property. No person ansa operate a arorrrtoote upon peva»pepper. ty.Ita:On lava rxYtesowyrc t st4ntn me eaten to the=error d at O on enoraa� pertnsarpn d Ole pester a Orlon ntDeO b poeasesm d amen property 7rcmos0 Out in Oe Case Or"ora! portae o.'ire enamorrre mover maths erase:b ODseee. 1 InOrl d Or atoned Orooeny are Creaar. See.19-3.Operation on pubWc property. a.he person mar coerata a artpwnme It to Cay d Ctaxare icon or rtnt.p-+ay oon,on of any trunk county,aur ac. County runway or mu toe attest except as Orpvnx to state t suturae ane tree?sowing' 1 1.In a area routs Iron me ocefanls entry sap to Cay a M r^ tee COeranr a bee d poor/Don to Te permyd The penrcie0 »areas ancl eth Street North.15th StreetNNooR apb Street h.1M� Avenue traa Derseen 10th Street Nom and 15M.Saar_ b.Spee:any not exCeec Risen(151 ears our nary. C.No perepn Senn Or ppereorf a anomrcOse oriel enter • en 10 ttbeeO nossecoon or=ea any street cr rr¢nway wV .4 macry a ccrnceme Stip.The Peer or Men=etas Oen reed tree fl *01 way to any yentas and ad pepatsmar•S. d.operator WAN be on Ore ngrt nand Not-or-wry etc oft tM treveted porton of tee street or rudway e.Seo moons anal De pperoac In sage f1e. • f.Upon any ac col grouros.pars apceny.Coy praoeny, I ;u wrwr.tt nacresDA on sia.4x55 d ppnoL except as and 1 t aur:ones as err Ceuta or to Scrod Boar:net oe re p.,r Don&XXme Or Oesgnate.ono one Olen wren Mere et ape G•Mica I row tbyx Or ce tnc mesa prem b Orewnc arrows 1D wax property or ncry n he. Sec 16d.taches of OOersoco. -'-No persona snarl coerce a arowmooio err C.:o act arm tee blowing Hours: • Sway error'Chummy—St00 fur Da 10-OC pet. • Froay,SCvrpay aro syenatq Debs nonday—PICC S.M.b tb0 a.m. Sec.1S-5.Etteornent_ { It aoeam to tee reournnenta of to State Loo.tee bro. frtc souoman SAW sec CO On ser snarrotop,es a hp Damn anal coerce a ans.-noose aO a to las any pa. sort,Led Cr Orner conveys:cit QCSQ try Vie use d a ngsC A •Oat =saw n Or eta of emelt aroerrcpeee DomeC e o ecc,,es any be stern Sec.16d.Unstraneeeo Verse+. h40 srtoetoae]nae Os tuomn ,c*ins Ore n11 ■MHt• • eV d sense the s5y ran ter tortnpn see=n riac 10.7.Rada Prttraenr>a nom eel aW tee asaattenew it aerrhe[afar •.• aafaaerd team Or Acrronsermot.The wwr es bee aaCt nacre ale/to 105.00 ow pay The A.0o eel oniee sewer arcusoa2mL5r tee taro=arc ocerfdn of se drama arc Rey carom or new"b mow aero Carts*t(1 yvapR Ria and nix S c CUSS WE raw/wry erne mttanb• DUOIC nsln.sorry,ware an romance.enc —>-Leer Dic- ta MC the m my to ape comical necessary.Aa yam c6ts I vol ed el Oe race are soused to nay,a OMC men 0vpOe ` No pertly;emelt De sruec teal a Cara d utsurares s fru`sec arch rte Cry calor y no rice n e'nci d C eaC $25.000 away nue est t person.$50.000 Dopy nfury sec omx'ence.ant$10.000 property Comics Wuhan$rern=rc rte def5voon d wean a aareeLorta race �. la.a race SAM Os COncgaed Dtatecpprti rf 0 s sorer-mac.or Odes D« n+o^h'.Doom Cr trponres. 0.has a saner or fotonon Naps.p,s occreatc try arty orDa orcn d parson. (Renew'Leo.4,1985; 1 / INFORMATION SERVICE Classification # 3 6--A? 3 League of Minnesota Cities 183 University Ave E. Municipality _ she %Slahci St. Paul , MN 55101 Date Ja,7 . Z? /9g Subject Legal Notice I On any other public place or grounds except as may be specifically permitted by 3 ` PUBLIC NOTICE ICE L 7 other provisions of the City ordinances. • 1� CITY OF PINE ISLAND l 8. On streets as permitted by this ordi- nance at a speed exceeding 10 miles per hour. SNOWMOBILE REGULATIONS 9. During the hours from 10 p.m. to Restricted Streets and Areas. a.m., closer than one hundred and fifty Except as herein specifically permitted (150)feet from any residence, except when or authorized, it is unlawful for any person I taking the most direct route while return- to operate a snowmobile within the limits ing home or leaving town. of the City of Pine Island: Traffic Rules Apply. 1. On the roadway of or crossing (either City traffic ordinances shall apply to the between or at intersections) on the follow- operation of snowmobiles upon streets and ing streets: highways, except for those relating to re- a. On Second Avenue South East be- quired equipment, and except those which tweea Third Street South East and Second by their nature have no application 1 Street South East. Yield Right of Way b. On Second Street South East between _ First Avenue South East and Second Ave- The operator of a snowmobile shall yield nue South East. the right of way to any vehicles or pedes- c. On First Avenue North West between trians at the intersection, or so close to Third Street North West and Fourth Street the intersection as to constitute an immedi- • North West. ate hazard. d. On Third Street North West between Persons Under 18 Second Avenue North West and First Subdivision 1 - No person under 14 yea_-s of age shall Avenue North West. e. Or. South Main Street between the operate on streets or make a direct crossing Zurnbro River (bridge) and Fourth Street of a City or village street as the operator South East. of a snowmobile. A person 14 years of age f. On Third Street South East between or older. but less than 18 years of age, First Avenue South East and Second Ave- may operate a snowmobile on streets as pe:miffed by this ordinance and make a di- nue South East. rect crossing of such streets only if he has g. On First Avenue South East between in his immediate possession a valid snow- Second Street South East and Third Street i South East. t mobile safety certificate issued by the Commissioner of Natural Resources as pro- - 2. On the roadway of any other street. vided by M.S.84.86. except the most right-hand lane than avail- Subdivision 2. able for traffic or as close as practicable to It is unlawful for the owner of a snow- the right-hand curb or edge of the road- . mobile to permit the snowmobile to be way, except when overtaking and passing operated contrary to the provisions of this another vehicle stopped in that lane or pro- seeding inthe same direction.or in making section. Areas. a left turn. Snowmobiles may also be oper- ated upon the outside slope of trunk.coun- It is unlawful for any person to operate a snowmobile within the limits of the City ty state-aid and county highways where of Pine Island: such highways are so configured within the I. So as to tow any person or thing in corporate limits. a public street or highway except through 3. On a public sidewalk provided for :use of a rigid tow bar attached to the rear pedestrian travel. of the snowmobile. 4. On boulevards within any public right 2. Within 50 feet of any fisherman, of way. pedestrian, skating rink or sliding area 5.On private property of another without where the operation would conflict with use specific permission of the owner or person or endanger other persons or operation. - in control of said property. b. Upon any school grounds except as Safety Equipment. • permission expressly obtained from re- sponsible school authorities. JI It is unlawful for any person to operate a snowmobiie any place within the limits of the City of Pine Island unless it is equipped with the following: I. Brakes adequate to control the move- ment of and to stop and hold the snow- mobile under any condition of operation. 2. A safety or so-called "deadman" throttle in operating condition. 3. When operated between the hours of one-half hour after sunset to one-half hour bcforc sunrise or at times of reduced visibi- lity, at least one clear lamp attached to the • front, with sufficient intensity to reveal persons and vehicles u a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric condi- tions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with.at least one red tail lamp having a minimum candlepower of sufficient-intensity to ex- hibit a red light plainly visible from a dis- tance of 500 feet to the rear during the hours of dafkness under normal atmos • - pheric conditions. .4. Reflective material at least 16 square. inches on each side, forward of the handle • - bars, so as to reflect.lights at a ninety degree angle. Violation -Penalty. ':A violation of this part shall constitute a misdemeanor. Anyquestions regarding the ordinance, please contact City Hall: /s/Terry J.Berg City_ Clerk-Administrator P4 fes` C ` INFORMATION SERVICE l/ • ass Clification # ? �' _ League of Minnesota Cities �_ 183 University Ave E. Municipality f.<. _ 1r � . ;11 -z St. Paul , MN 55101 Date ! Subject •fj ;AftenfjPe�v� � l• . _____. . ___ c , Snowmobjjers • & ATVbrjvers ORORDINANCE NO. 5-I987 ORDINANCE 5-1987 REGULATING THE USE OF snowmobiles, mopeds;dirt bikes,all terrain vehicles,or other I SNOWMOBILES,MOPEDS, DIRT BIKES,ALL TERRAIN vehicles nnesota stre is and highways wi not licensed for F VEHICLES OR OTHER VEHICLES OR WEANS OF chin the City of • TRANSPORTATION NOT LICENSED FOR I�LNNESOTA of this sOrdinan a as and are nompletel as if se:out in full herein,Y incorporated in and made a par STREETS AND HIGHWAYS,WITHIN TIE CITY OFetn, 1 PAYI�^SVILLE,LNCORPORATN'G PORVISIONS OF except herein modified. A1II�^rSOTA STA7'LTES REGULATING Section 2: OPERATION BY MINORS. . N1INN SNOWMOBILES,MOPEDS,DIRT BIKES,ALL TE Subdivision [a;No ' � �'=HICLES OR OTIC._R VEHICLES OR MEANameson under the age of 14 years may. S OF�IN other vehicle, snowmobile,moped,dirt bike,all licensed vehicle or• r` TRANSPORTATION NOT LICENSED FOR ML's'\� other or means of transportation .. STREETS AND HIGHWAYS BY i ..SOYA Minnesota streets and highwathe puoblics streets of�e :` II�L°OSING A PENALTY FOR T1-2E �pLq�pAND City of Paynesville. I OSIN. F Subdivision [b]A person 14 yeah of age or older,but Tess The Council of the City of PavnesviIle ordains as follows: than 18 years of age,may operate a snowmobile,mo bike or all terrain vehicle or other vehicle or means of Section 1: MINNESOTA STATUTES REGULATL\G 1- transportation not Iiceased for Minnesota streets and SNOW_MOBILES,MOPEDS,DIRT BIKES,ALL highways on the public -' TERRAIN VEHICLES OR OTI•M-R VEHICLES OR p streets of the City of PaynesviIle only if he has in his immediate possession a valid license,permit NEANS OFT TRANSPORTATION NOT LICENSED FOR or certificate for the operation of said snowmobile,moped MINNESOTA STREETS AND HIGHWAYS dirt bike,all terrain vehicle or other vehicle or means of , INCORPORATED BY REFERENCE. The regulatory transportation. FE provisions of Minnesota Statutes,Sections 84.81 to 84.929, Season 3: OPERATION OF SNOWMOBILES,MOPEDS, .LL 169.974, 169 1.01 to 171.02 as amended by Laws DIRT BIKES,ALL TERRA VEHICLE 1969.Chapter 695,are hereby adopted regulating the use of VEHICLES OR MEANS OF TRANSPORTATION NOT LICENSED FOR MINNESOTA STREETS-AND . HIGHWAYS LIIv1ITED. __ Y _ . �•V r..1 . ..i 4/1i 4 .V. . 11 Subdivision (a) Notwithstanding anything in Minnesota Statutes to the contrary,no person shall operate a Section 4:PENALTY. Anv violation of the statutes adopted by reference in Section 1 of this Ordinhnce is in violation of snowmobile,moped,dirt bike,all terrain vehicle or other - this Ordinance when it occurs within the City of Pavnesville. vehicle or means of transportation not licensed for Minnesota Any person violating any of the provisions of this Ordinance streets and highways in excess of 15 miles per hour within the shall be guilty of a misdemeanor and shall be punished by a limits of the City of Paynesville. fine of not to exceed 3700.00 or by imprisonment in the• Subdivision [b] Operation of snowmobiles,mopeds,dirt County Jail for a period of not to exceed 90 days. - bikes,all terrain vehicles or other vehicles or means of transportation not licensed for Minnesota streets and highways,shall be limited to passing through the City,and for L'�SERTIO\ • resi,.'.. as of the City shall be limited to going in a direct line ORDERED to:.ii. 'tit of town destination,or returning to the place of BY THE - if resit;.ace or place of housing within the City.Operation not PAYNES`'ILLE - `-V v•ithi.; these limitations is hereby prohibited. POLICE '.: ,"� --� ___ Subdivision [c]No snowmobile,moped,dirt bike,all DEPARTMENT ::. - • .1 :-. ------- terrain vehicle or other vehicle or means of transportation not �,e. . `' , licensed for Minnesota streets and highways may be operated �" '=: " . •-":".t � '-.`x. f on private property of another person without the permission "...r--• ..,r of the owner or occupant thereof. j .' ' - Section [d).Snowmobiles,mopeds, dirt bikes,all terrain • - - - vehicles or other vehicles or means of transportation not �,-�;. ` �'� licensed for Minnesota streets and highways shall yield to all �'*_ � • . - L. r v-'`' -72.>'0-v. other vehicles and traffic including pedestrians at all -:k---=:1- • -. - G • intense:tions and shall abide by all signs governing the • ii �-IIS _ . `- � - .. _t • operation of motor vehicles within the limits of the City of.. '' r, l -.' - Paynesville. j ' .i •- . • - c.- C if INFORMATION SERVICEClassification # 3 �ce• ._ League of Minnesota Cities 183 University Ave E. Municipality R G'IN", St. Paul , MN 55101Date /\!0 i./ I S 10 7,-,- .. 4"-- titantsP - - Subject ORDINANCE NO.U.I' r - I.SNOWMOBILE snail mean a Nil•propeiteC �'� CC •• .1 vehicle Designed for travei on snow Cr Ice c�} CITY OF RAMSEY steered by sets or runners. ANOKA COUNTY,MINNESOTA k. STREET or HIGHWAY shall mean the en- b.A safety or socalled"oesomen"throttle In AMENDMENT TO CHAPTER 110 OF THE tire width between boundary lines of any way or Operating condition RAMSEY CITY CODE. WHICH CHAPTER IS place wren any part thereof is open to the use C. When operated between the hours of one. i KNOWN AS THE "HEALTH SAFETY AND of the public, as a matter of right.for the our• 'half hour betore sunrise. one-half hour after ' WELFARE CHAPTER." pose of vehicular traffic. •sunset, or at any time Of reduced visibility, AN ORDINANCE AMENDING CHAPTER 110.014 Limitation of Operations: snowmobiles shall have at feast one (1) Clear 110 OF THE RAMSEY CITY CODE BY THE A. Snowmobiles may be Operated only In the • lamp attached to the trout, with sufficient In• AMENDMENT OF SECTION 110.01 ENTITL- followingloCationswithin tneCity: tensity to I persons and vMlcIeS a) a ED "SNOWMOBILES" BY THE ADDITION a. On The operator's property subiect to the •distance of at least one hundred (100) feet OF THE FOLLOWING PROVISIONS. provisions of this chapter. ' armee during the hours of darkness unoer nor The City of Ramsey Ordains: B. On privately owned property If the Opera- mal atmospheric conditions. Such headlamp SECTION 1.AMENDMENT for nes in possession written permission from shall be so aimed mat glaring ran are not pro- 110.61 SNOWMOBILES the property owner: or, on privately Owned lected into the eyes of an oncoming motor vehi• 110.011 Purpose: Drooerty if the property owner has posted a Cle operator. It snail also be eoulpped with at The purpose of this section is to provide fee- Clearly visible notice Indicating "Snowmooiles feast one (1) red tail lamp having a minimum Sortable regulations for 1M use O!snowmobiles Allowed"Or words Substantially similar. _ I Candle power of sufficient Intensity to exnioit a on public and private property in the City of C. On public trails specifically designated by red light plainly visioie from a distance under Ramsey. This section is not intended to allow ' Council resolution or on lakes Which are sublect normal atmospheric conditions. what the Minnesota State Statutes expressly I t0 the jurisdiction of the City. d.Snowmobiles must have reflective material prohibit nor to prohibit what the State Statutes • C.On trunk highways.County state aid roads of at least sixteen (161 square Inches on mien allow. It Is Intended to prevent a public : Or County roads as regulated by the State of sloe forward of the handlebars,so as to reflect Minnesota or the County of Anoka. lights at a ninety(90)degree angle. nuisance. ; 110.01:Incorporation of State Statute: r e.On City streets only when the such opera- e. Standard mufflers which are properly at• m Any person operating a snowpplie within • tion is necessary to gain access to Designated tacned and In constant operation and which the City of Ramsey, unless provided otherwise i snowmooile trails, private property or areas reduce the noise Of operation of the motor to the herein, shall be suttee? to the provIsions of I which. by Minnesota Statutes, may Be used by minimum necessary for operation. No person Minnesota Statutes. Section 14.81 tTtroug' : snowmobiles,except that no Snowmobiles may Snail use a muffler cutout,bypass,straight pipe 84.929, inclusive, as amended, and the recut,- ' be°oersted on any city streets In the area des• or similar Device and the exhaust System snail tions of the Commissioner of Natural Resources lgnated on official City of Ramsey mans as not emit or produce a sharp popping or crack- ("Commissioner"),adopted pursuant thereto. j "1993 Urban Area." Ing sound. 110.313 Definitions: f. On Public or Semi•Puolic property only If ' SECTION 2.PENALTY. For the purposes of this section, the defini• clearly posted with signs designating the area Any person convicted of a violation of any of tions listed below shall be construed as follows: or specific areas as s,owmobiie operating areas -me provisions of this ordinance shall be ptrnisn• • a. CITY seal: mean the City of Ramsey, or trails. - -- ed by a fine of not more than seven hundred B.Hours of Operation. (S7'00) dollars or by Imprisonment for a period Anoka. County,NCI .:Ta. No snowmobile may be operated any place In I Of not more man ninety(90)oars.or both. • D. COUNCIL shall mean me City Council of . the City of Ramsey. the City.of Ramsey between me noun of 11:00 I SECTION 2.EFFECTIVE DATE. c. DEADMAN THROTTLE or SAFETY p.m. and 8:00 a.m. Sunday throug' Tnursday ! This Ordinance becomes effective upon Its THROTTLE Snail mean a Device which when and between the hairs of 1:00 a.m. and 8:00 ' passage and thirty 1701 days after its publico• pressure Is removed from tie engine acceiera- a.m.Saturday and Sunday. lion according to law• subiect to City Charter tOr or throttle,causes me motor to be dlxngag• 110.015 Persons Under 18: f Provision,Section 5.04. ed}rpm the driving mechanism. a. No person. under the age Of sixteen (16) ; PASSED by me Cin Council of the City of O OPERATE snail mean to ride in or on.and may operate a snowmobile on any City street in ' Ramsey,Minnesota.the 15th day of November, control the operation of a snowmooi le. the City of Ramsey. 1986. e.OPERATOR Shall mean every person who b.A person sixteen(16)years of age or older S-Gary Reimann Operates, Or is In actual DhYsiCa! control of a but less than eighteen(181 years may operate a Mayor Snowmobile on a City street only if the person ATTEST: SnOwmODile. has in immediate possission a valid snowmobile -s•Davib Hartley I. PERSON snail mean an IDart safety certificate issued by the Commissioner. City Acministrator/Clerk nership,corporation,the State andnd its agencies c.A person fourteen(14)years of age or olotr Introduction date: October 00.7988 and subdivisions, and any body of persons• but less than sixteen (16) may mace a direct Posting dates: Octooer 20•November 15.1418 whether incorporated or not. Rossing of a City street only If the person NIS ' Adoption date: November 15.1988 g. PUBLIC PROPERTY shall mean property In immediate possession a valid snowmobile ' Publication date: November 18,1988 that may be used for all of the public subject t0 reasonabie regulation by a governmental body. safety certificate issued by the Commissioner, Such property Includes City parks.City perking 110.016 City and State Traffic Ordinances: lots and public school parking lots and grounds. City and State laws Shall apply to the opera- h. ROADWAY shall mean that portion of a tion of snowmobiles upon streets arc highways In the City. street or highway Improved, Designee or oral• 110.017 Towing: narily used for vet:cuter travel. • I. SEMIPUBLIC PROPERTY shall mean it is Unlawful for any person to operate a private property generally for use by the public snowmobile so as t0 tow any person or Ming on but not owned er maintained by a governmental a Dubnie street except throuOn the use of a rigid body. Such property Includes without Ilmlta• tow Dar attached to The rear of the snowmobile. lion: church property,mopping center proper- 110.018 Eouipment: ty aha other property generally used by patrons It is unlawful for any person t0 Operate a Of a Commercial or private business establish- snowmooiie any place within the limits of the mtnT. City unless it Is eouiopee with the following: a. Braces adeduate to Control tee movement . , of,and to stop anD nolo,the snowmobile unoer C.- any Condition of operation.. _. _ r • • r ;ti s" a—" / Chapter 20 SNOWMOBILES* Sec. 20-1. Definitions. For the purpose of this chapter the following terms shall have the meanings ascribed to them: Commissioner shall mean the commissioner of conservation acting directly or through his authorized agent. Operate shall mean to ride in or on and control the oper- ation of a snowmobile. Operator shall mean every person who operates or is in actual physical control of a snowmobile. Owner shall mean a person, other than a lienholder, having the property in or title to a snowmobile entitled to the use or possession thereof. Person shall include an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Register shall mean the act of assigning a registration num- ber to a snowmobile. Snowmobile shall mean a self-propelled vehicle designed for travel on snow or ice or a natural terrain, steered by wheels, skis or runners. (Ord. No. 184, § 1, 1-27-69) State law reference—Similar provisions,Minn. Stats. § 84.81. Sec. 20-2. Incorporation of state law by reference. The provisions of the Highway Traffic Regulation Act (Minnesota Statutes, 1971, Chapter 169), except for those portions relating to required equipment and except those 'Cross references—Motor vehicles generally, Ch. 14; operation of vehicles oil dikes prohibited, § 14-7; operation of certain vehicles in parks prohibited, § 16-2. State law reference—Authority for city to regulate, Minn. Stats. § 84.87,subd. 3. 1243 h. — _ - I) § 20-2 CHASEA CODE § 20-6 which by their nature have no application, and the Minnesota Statutes 1971, sections 84.81 through 84.89, and all laws sup- plemental or amendatory thereto, and any and all rules and regulations promulgated by the commissioner of highways and commissioner of conservation pursuant to said laws, are hereby applicable to snowmobiles and are hereby incorporated in and made a part of this chapter as completely as if set out here in full. (Ord. No. 184, § 4, 1-27-69) State law reference—Authority to adopt statute by reference, Mina Stats. § 471.62. Sec. 20-3. Applicability of local traffic ordinances. All city traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment and except those which by their nature have no application. • Sec. 20-4. Registration. Except as provided in Minnesota Statutes, section 84.82, subdivision (6), no person shall operate any snowmobile upon any public street, alley, public lot, lake or stream within the corporate limits of the city, unless such snowmobile has been registered in accordance with the provisions of Minnesota Statutes, section 84.82. (Ord. No. 184, § 2, 1-27-69) Sec. 20-5. "Deadman" throttle required. Every snowmobile operated within the city shall be equipped with a safety or so-called "deadman" throttle in operating condition. A "safety" or " `deadman' throttle" is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disen- gaged from the driving track. Sec. 20-6. Lights required. • No snowmobile shall be operated any place within the city limits, unless it is equipped with at least one (1) head lamp and one (1) tail lamp. (Ord. No. 184, §§ 3, 5, 1-27-69) 1244 1/ / § 20-7 SNOWMOBILES § 20-9 Sec. 20-7. Brakes. No snowmobile shall be operated within the city unless it is equipped with brakes which conform to standards prescribed by rule of the commissioner of highways. (Ord. No. 184, § 3, 1-27-69) Sec. 20-8. Mufflers. Every snowmobile shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise. No person shall use a muffler cutout, bypass or similar device. The exhaust system shall not emit or produce a sharp popping or cracking sound. (Ord.No. 184, § 3, 1-27-69) Sec. 20-9. Operation generally. Except as herein specifically permitted and authorized, it shall be unlawful for any person to operate a snowmobile within the limits of the city: (1) On the portion of any right-of-way of any public high- way, street, road, trail or alley used for motor vehicle travel, except the extreme right-hand lane (except in passing) which is used for vehicular traffic in the same direction, other than on freeways, interstate, trunk, county state-aid orcounty highways. Snowmo- biles may also be operated upon the ditch bottom where lawfully so posted or the outside bank of trunk, county state-aid and county highways where such high- ways are so configured within the city limits. (2) On a public sidewalk provided for pedestrian travel. (3) On boulevards within any public right-of-way. (4) On private property of another without specific permis- sion of the owner or person in control of the property. • (5) On any other public place except as may be specifically permitted by city ordinance. State law reference—Similar provisions, Minn. Stats. § 84.87, subd. 1(a). �.�' 1245 § 20-10 CHASKA CODE § 20-12 Sec. 20-10. Youthful operators regulated; snowmobile owner's liability. (a) No person under fourteen (14) years of age shall oper- ate on streets or the roadway surface of highways, or make a direct crossing of a trunk, county state-aid, county highway or city street as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on the streets land highways as permitted under this chapter and make a direct crossing of such streets and highways only if he has in his immediate possession a valid snowmobile safety certificate ! \ issued by the commissioner. (b It shall be unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provi- sions of this section. State law reference—Similar provisions, Minn. State. § s4.87 �--� Sec. 20-11. Operation during certain hours prohibited; excep- tion. No person shall operate a snowmobile upon any public street, alley, lot, lake or stream within the city between the hours of 10:00 p.m. and 6:00 a.m.; provided, however, that if the snowmobile is being driven for the purpose of going in the most direct, practicable route possible from a point outside the city limits to the residence of the operator within the city limits, or from the residence of the operator inside the city limits in the most direct practicable route to a specific destination outside the city limits, then, and for that purpose only, operation of a snowmobile between the aforesaid hours shall be lawful. (Ord. No. 184, § 3, 1-27-69; Ord. No. 184.2, § 1, 12-15-70) Sec. 20-12. Streets where snowmobiling prohibited. No snowmobile shall be operated at any time whatsoever upon any of the portions of the following described public streets within the city: 1246 �� I,l § 20-12 SNOWMOBILES § 20-14 County state-aid highways Nos. 10, 11,14 and 17; Trunk highways Nos.212 and 41; Second Street from Pine Street to Walnut Street; Third Street from Pine Street to Walnut Street; Fourth Street from Cedar Street to Beech Street; Fifth Street from Chestnut Street to Walnut Street; Beech Street from Fourth Street to Stoughton Avenue; Cedar Street from trunk highway No. 212 to Fourth Street; Stoughton Avenue from Beech Street to the east corporate limits. (Ord. No. 184, § 3, 1-27-69; Ord. No. 184.1, § 1, 12-4-69) Sec. 20.13. Operation on dikes prohibited; exception. (a) No snowmobile shall be operated on any portion or seg- ment of the following dikes: (1) Constructed along Chaska West Creek; (2) Running from First Street easterly to the sewage dis- posal plant; (3) Running from the sewage disposal plant to Chaska East Creek; and (4) Running easterly and northerly along Chaska East Creek. (b) The dikes enumerated above may be crossed at the following street locations: (1) Pine Street; and (2) Hickory Street. (Ord. No. 184, § 3, 1-27-69; Ord. No. 184.1, § 1, 12-4-69) Sec. 20-14. Operation in parka. It shall be unlawful for any person to operate any snow- mobile in any public park in the City of Chaska except that when operating a snowmobile for the purposes set forth in section 20-11 of the Code of Ordinances, Chaska, Minnesota, a snowmobile may be operated within a public park but only Supp.No.6 1247 § 20-14 CHASKA CODE * 20-17 within the confines of a designated route or trail as marked \' by the Chaska Police Department and in accordance with such other operational rules and regulations as determined by the city council and enforced by the Chaska Police Depart- merit, which rules and regulations shall be posted on such trails or routes. (Ord. No. 230, § 2, 12-15-75) Sec. 20-15. Crossing street at point other than intersection. A snowmobile may make a direct crossing of a street or highway at a point other than at a highway or street intersec- tion, except an interstate highway or freeway,provided: (1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. (2) The snowmobile is brought to a complete stop before crossing the shoulder or main-traveled way. (3) The driver yields the right-of-way to all oncoming traf- fic which constitutes an immediate hazard. (4) In crossing a divided street or highway, the crossing is �. made only at an intersection of such street or highway with another public street or highway. (5) If the crossing is made between the hours of one-halt (1/2) hour after sunset to one-half (1/2) hour before sunrise, or in conditions of reduced visibility, only if both front and rear lights are on. State law reference—Similar provisions, Minn. State. 84-87, aubd. 1(b). Sec_ 20-16. Entering intersections. No snowmobile shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the in- tersection or so close to the intersection as to constitute an immediate hazard. Sec. 20-17. Operation on public thoroughfare in emergency. Notwithstanding any prohibitions in this chapter, a snowmo- bile may be operated upon a public street or alley in an emer- Supp.No.6 1248 I/ § 2047 SNOWMOBILES § 20-22 gency, during the period of time when and at locations where snow upon the street or alley renders travel by automobile impractical. (Ord. No. 184, § 3, 1-27-69) State law reference—Similar provisions, Minn. Stats. § 84.87, subd. 1(d). Sec. 20-18. Operating while under influence of alcohol, drugs. It shall be unlawful for any person to operate a snowmobile within the limits of the city at any place while under the influence of alcohol or drugs. (Ord.No. 184, § 5, 1-27-64) State law reference—Similar provisions, Minn. Stats. § 84.87, subd. Z(C), Sec. 20-19. Unlawful to operate at unreasonable speed. It shall be unlawful to operate a snowmobile within the city / at a rate of speed greater than reasonable or proper under all l/ the surrounding circumstances. (Ord. No. 184, § 5, 1-27-69) State law reference—Similar provisions, Minn. Stats. § 84-97, subd. 2(a). Sec. 20-20. Speed on public streets. At no time shall any snowmobile be operated on any public street in the city at a speed in excess of ten L10) miles per hour. (Ord.No. 184.2, § 1, 12-15-70) Sec. 20-21. Careless, reckless, negligent operation unlawful. It shall be unlawful to operate a snowmobile in the city at any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. (Ord. No. 184, § 5, 1-27-69) State law reference—Similar provisions, Minn. States. § 84.87, subd. 2(b). Sec. 20-22. Operation in a manner which disturbs the peace. It shall be unlawful to operate a snowmobile in such a manner as to create loud and excessive noise or in any way 1249 • // § 20-22 CHASKA CODE § 20-27 which shall unduly disturb the peace and privacy of the res- idents of the city or in any manner create a public nuisance thereby. (Ord.No. 184, § 5, 1-27-69) Sec. 20-23. Operation in tree nurseries. No snowmobile shall be operated in any tree nursery or planting in a manner which damages or destroys growing stock. (Ord. No. 184, § 5, 1-27-69) • State law reference—Similar provisions, Minn. Stats. § 84.87, ■ubd. 2(e). Sec. 20-24, Operation near fishermen, pedesiria.s, skating rink,sliding area. It shall be unlawful to operate a snowmobile in the city within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with such use or endanger other persons or property. Sec. 20-25. Riding abreast. It shall be unlawful to operate a snowmobile upon the public streets abreast of one (1) or more other snowmobiles, except in passing. Sec. 20-26. Unlawful to drive, chase, run over or kill animals. It shall be unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile. Sec. 20-27. Parking procedure. Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the same with him. [The next page is 1801) 1250 1/ ORDINANCE NO. 34-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 7, SECTION 7. 06 , SUBD. 2 TO LIMIT THE OPERATION OF SNOWMOBILES WITHIN THE CITY; AMENDING SECTION 7. 07 TO PROHIBIT THE OPERATION OF RECREATIONAL MOTOR VEHICLES ON FROZEN WATERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 7 . 99 , WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS : THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 7, Section 7. 06 , Subd. 2 shall be and is amended to read as follows: "SECTION 7. 06 . SNOWMOBILES . Subd. 2 . Operation on Streets and Highways . A. It is a misdemeanor for any person to operate a snowmobile within the right-of-way of any trunk, County State-aid, County highway, or other Z w street or roadway within the City of Eden u'� Prairie, except as hereinafter permitted. LLwQ B. A snowmobile may make a direct crossing o w a of a highway or street when it is on an w approved snowmobile trail and provided: > 1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway or street and at a place where no obstruction prevents a quick and safe crossing. 2 . The snowmobile is brought to a complete stop before crossing the shoulder or main �4 traveled way of the highway or street. 3 . The operator yields the right-of-way to all oncoming roadway traffic and pedestrians . 4 . In crossing a divided street or highway, the crossing is made only at an inter- section of such street or highway with another street or highway. 5 . Both front and rear lights are on if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility. y� r- .; .. is - • ( l C. Notwithstanding any prohibition in this Section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical." Section 2. City Code Chapter 7, Section 7. 07 shall be and is amended to read as follows: "SECTION 7. 07 . RECREATIONAL MOTOR VEHICLES . It is a misdemeanor for any person to operate a recreational motor vehicle upon frozen waters within the limits of the City. The definitional and regulatory provisions of Minnesota Statutes , Section 84 . 90 , are hereby incorporated herein and adopted by reference including the penalty provisions thereof. " Section 3 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 7. 99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of September 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of October 1989. ATTEST: OF • City/ i ; e< CJ • o r Published in the Eden Prairie News on the 18th day of October , 1989. • l,, • C,•+ of Eden Prairie City Offices prairie • 7600 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 person to make a left turn at any intersection sign-posted prohibiting the same, or make a left turn during the hours of such sign-posted prohibition. SEC. 7.06. SNOWMOBILES. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. 2. "Owner" means a person, other than a lien holder having the property in or title to a snowmobile • entitled to the use or possession thereof. 3. "Operate" means to ride in or on and con- trol the operation of a snowmobile. 4. "Operator" means every person who operates or is in actual physical control of a snowmobile. 5. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. 6. "Right-of-Way" means the entire strip of ..• .; land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. 7. "Safety or Deadman Throttle" means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Subd. 2. Operation on Streets and Highways. A. It is a misdemeanor for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, County State-aid, or County highway and, in the case of a divided trunk or County highway, on the right-of-way between the opposing lanes of traffic. It is also a misdemeanor for any peon .to operate a snowmobile within the right-of-way of any ,trunk, County State-aid, or County highway *wPe th- footrs-of-one-half hour-after-"sunset to one-hal<f_.hour_before_sunriser except on the outside slope or ditch of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within the State. (9-17-82) 173 // r B. It is a misdemeanor for any person to operate a snowmobile upon the roadway of any street except for the purpose of direct travel from the person's home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street right-of-way is re- stricted because of developed yards or physical barriers. C. A snowmobile may make a direct crossing of a highway or street except an interstate highway or freeway, provided: 1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway or street and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a com- plete stop before crossing the shoulder or main traveled way of the highway or street. 3. The driver yields the right-of-way to all oncoming roadway traffic. 4. In crossing a divided street or high- way, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both r.. front and rear lights are on. D. No snowmobile shall be operated on streets or highways at a speed exceeding 10 miles per hour. E. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedes • - trians. F. Notwithstanding any prohibition in this Section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at loca- tions where snow upon the roadway renders travel by automobile impractical. Subd. 3. Operation Generally. Except as otherwise specifically permitted and authorized, it is a misdemeanor for any person to operate a snowmobile within the limits of the City: A. On a public sidewalk or walkway provided or used for pedestrian travel. B. On private property of another without lawful authority or consent of the owner or occupant. (9-17-82) 174 /1 C. On any publicly owned lands and frozen waters, including, but not limited to, school grounds, park property, playgrounds, recreation areas, golf courses and lakes except areas authorized for such use by the proper pub- lic authority, in which case such use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City owned and/or regulated by the City including frozen waters shall be desig- nated by Council resolution. Operation on public lands and frozen waters where authorized will be regulated by the provi- sions of this Section governing operation on streets and high- ways, except as follows: Maximum speed limits will be enforced as follows: Public Lands 30 mph Frozen Waters 50 mph D. At any place, while under the influence of intoxicating liquor or narcotics or habit-forming drugs. E. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited unless specifically authorized as a part of an organized event by permit issued by the City Manager. ( F. At any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. G. To tow any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of the snowmobile. H. At a speed greater than ten miles an hour when within 100 feet of any lakeshore, except in channels, or of fishermen, ice house or skating rinks, nor shall operation be permitted within 100 feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. I. In a manner so as to create a loud, unnec- essary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. J. During the hours from 11:00 o'clock P.M. to 7:00 o'clock A.M. of any day except as a means of transporta- tion to the residence of the operator and then at a reduced speed. Subd. 4. Equipment. It is a misdemeanor for any person to operate a snowmobile any place within the City ( unless it is equipped with the following: (9-17-82) 175 / / A. Standard mufflers which are properly at- tached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for opera- tion. No person shall use a muffle cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. B. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. C. A safety or so-called "deadman" throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. D. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness and under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 . feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of .reduced visibility. E. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. Subd. 5. Application of Other Laws. City Code pro- visions relating to vehicular traffic shall apply to the oper- ation of snowmobiles upon streets and highways, and Minnesota Statutes, Sections 84.81 to 84.89, and Minnesota Statutes, Chapter 169 are hereby adopted by reference, except those pro- visions which by their nature have no application. Subd. 6. Persons Under Eighteen. A. It is unlawful for any person under four- teen years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by parent or guardian. A person fourteen years of age or older, but less than eighteen years of age, may operate a snowmobile on. streets, highways, public lands or frozen waters as per- mitted under this Section and make a direct crossing of a (9-17-82) 176 1/ street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. snowmo- bile to permit the sunlawfult is snowmobile to be roperatethe d contrary tothe provisions of this Section. Subd. 7. Leaving Snowmobile Unattended. Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. . Subd. 8. Chasing Animals Forbidden. It is a misde- meanor to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. • SEC. 7.07. RECREATIONAL MOTOR VEHICLES. Except as otherwise provided in this Chapter, or in Chapters 6 and 8 of this Code, the regulatory provisions of Minnesota Statutes, Section 84.90, are hereby incorporated herein and adopted by reference, including the penalty provision thereof. Source: City Code Effective Date: 9-17-82 (Sections 7.08 through 7.19, inclusive, reserved for future expansion.) l (9-17-82) 177 '�K'�'»" C RECEIVED JAN 1 5 iggi VEHICLES AND TRAFFIC Operate - To ride in or on and control the operation of a snowmobile. Snowmobile - A self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis, or runners. (Code, 1958 S 107.011; Ord. No. 69-90, 11-10-69; Ord. No. 70-49, 11-9-70; Ord. No. 76-1, 1-27-76) SEC. 8.54. REGULATIONS<<I, (a) Prohibition. It shall be unlawful for any person to operate a snowmobile on publicly or privately owned property within the City. (b) Exceptions. This prohibition shall not apply to: (1) The loading of snowmobiles upon a trailer or the removal therefrom; (2) the use of a snowmobile for a rescue, emergency, or law-enforcement purpose, or (3) the use of snowmobiles for park maintenance. (Code, 1958 S 107.02; Ord. No. 69-4, 1-6-69; Ord. No. 70-49, 11-9-70; Ord. No. 76-1, 1-27-76; Ord. No. 76-2, 2-23-76) SEC. 8.55. RESERVED. SEC, 8.56. RESERVED, SEC. 8.57. RESERVED, SEC. 8.58. RESERVED. SEC. 8.59. RESERVED. SEC. 8.60. RESERVED. SEC. 8.61. RESERVED. SEC. 8.62. RESERVED. SEC, 8.63. RESERVED. Division D. Recreational Motor Vehicles Added by Ord. No. 72-12, 2-7-72 SEC. 8.64. PURPOSE AND INTENT., The purpose of this Division is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City. This Division is not intended to allow what the Minnesota Statutes prohibit nor to prohibit what the Minnesota Statutes expressly allow. It is intended to prevent a public nuisance. (Code, 1958 S 110.01; Ord. No. 74-48, 5-28-74) SEC. 8.65. DEFINITION, The following words and terms when used in this Division shall have the following meanings unless the context clearly indicates otherwise: Recreational motor vehicle - Any self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes, including but not limited to trail bike or other all- terrain vehicle, hovercraft, or motor vehicle licensed for highway operation which is being used for off- road recreational purposes, but not including snowmobiles as defined in Section 8.53 of this Code. (Code, 1958 S 110.02; Ord. No. 74-48, 5-28-74) 8-20 111/// l!��////G��/�/ l,.- c7<—*/ e 11-2-1 11-2-2 CHAPTER 2 SNOWMOBILES SECTION: 11-2-1: Statutes Adopted 11-2-2: Restricted Areas for Snowmobiling 11-2-3: Operating Rules and Restrictions 11-2-4: Required Snowmobile Equipment 11-2-5: Enforcement 11-2-6: Penalty 11-2-1: STATUTES ADOPTED: The Minnesota Snowmobile Laws, M.S.A. sections 84.81 through 84.89; and the game laws relating to the use of snowmobiles M.S.A. 100.26 and 100.29; together with the Snowmobile Rules and Regulations adopted by the Department of Natural Resources, as filed and provided by M.S.A. 15.0413 on December 22, 1971, regulations No. 51 through 59 are hereby adopted and made a part of this Chapter by reference. 11-2-2: RESTRICTED AREAS FOR SNOWMIOBILING: It shall be unlawful to operate a snowmobile in any of the following areas of the City: (A) Within a distance of three hundred feet (300') of a residence, barn or cattle lot at a speed greater than ten (10) miles per hour and within fifty feet (50') of any other snowmobile proceeding in the same direction. (Ord. 72-19, 11-6-72) (B) On Main Avenue except to cross at right angles at Dakota Avenue or the railroad tracks. (Ord. 72-19, 11-6-72; amd. 1979 Code) (C) On any sidewalk within the City. EC_ (D) On any school property. r !V=Q jAr; 2 5 931 SHAKOPEE DEPT. 4n GOi+,4WEEl" SHAKOPEE, MN 5E6:9 390 /1 11-2-3 11-2-2 (E) Within one hundred feet (100') of any fisherman, skating rink area, sliding area or any other area where the operation would conflict with the use of said area, or endanger other persons or property. (F) In a cemetery. (G) On any church property within one hundred feet (100') of any building or parking area during a period of one hour before, through one hour after church functions. (Ord. 72-19, 11-6-72) (H) On Public or Private Property: 1. No snowmobile may be operated on public property other than a public roadway, or on private property, without the written permission of owner or possessor of land on which it is being operated except a recognized snowmobile club may, by prearrangements with the City Council, make other arrangements which would be satisfactory to the City Council. 2. No person shall permit a use of his premises or his property by snowmobile in violation of this subsection or the Statutes of the State of Minnesota. 3. rson n possession of the premises The permitted the use , as' shall specified in subsectionb (H)2 above, under deem to haveof the following circumstances: a. If said owner has granted written permission to the operator, or b. A parent permitting the use of property by a minor child in violation of this subsection. (Ord. 73-17, 7-2-73) t mmunity k of (I) Within designated h City other boundaries trails within eeparknfor osnowmobiearl affiche than (Ord. 74-6, 5-6-74) 11-2-3: OPERATING RULES AND RESTRICTIONS: It shall be unlawful for any person to operate a snowmobile in violation of the following restrictions: (Ord. 72-19, 11-6-72) (A) There shall be no snowmobiling in platted areas between the hours of eleven o'clock (11:00) P.M. through seven o'clock (7:00) A.M., except that on Friday and Saturday evenings and New Years Eve evening, snowmobiling shall be allowed until two o'clock (2:00) A.M. of the following day. (Ord. 73-22, 12-17.73) 1. See Title 9, Chapter 2 of this Code, City Parks. 1/ 11-2-3 11-2-4 (B) There shall be no snowrnobiling at any place in a careless, reckless or negligent manner so as to endanger or be likely to endanger any person or property of another, or to cause injury or Carnage thereto. (C) No person shall tow any person or thing on any public street, township road, County road, highway, or lakes, except through use of a rigid tow bar attached to the rear of the snowmobile, except a disabled machine, and that by a rope no longer than ten feet (10'). (D) No snowmobile shall be operated in such a manner so as to create loud and excessive noise, or in any way which shall unduly disturb the peace and privacy of the residents of the City, or in a manner to create a public nuisance thereby. (E) No person shall operate a snowmobile while under the influence of • intoxicating liquor, narcotics or habit-forming drugs. (F) No person shall leave or allow a snowmobile to be or remain unattended while the motor is running, or with the keys in the ignition switch. (G) When snowmobiles are approaching each other head on, or clearly so, each shall turn to the right a sufficient distance so that they will safely pass. When the course of an approaching snowmobile is so far to the right as not to be considered as meeting head on, each shall maintain its course and pass clear. When snowmobiles are crossing courses, or approaching each other obliquely or at right angles, so as to involve risk of collision, the snowmobile which has the other on its right shall yield the right of way. (H) The limitations of operation provided under this Chapter are excepted from and shall not apply in the case of emergency when any street, road or highway to reach a given location within the County is impassable by other motor vehicles. 11-2-4: REQUIRED SNOWMOBILE EQUIPMENT: (A) Except as otherwise provided by State Statute and Rules and Regulations of the Commissioner, as adopted by this Chapter; all snowmobiles must have standard mufflers, properly attached and in constant operation, which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor and the exhaust system shall not emit or produce a sharp popping or crackling sound. (B) All snowmobiles shall have a safety or "deadman" throttle in operating condition at all times. l � 11-2-3 11-2-4 (B) There shall be no snowmobiling at any place in a careless, reckless or negligent manner so as to endanger or be likely to endanger any person or property of another, or to cause injury or damage thereto. (C) No person shall tow any person or thing on any public street, township road, County road, highway, or lakes, except through use of a rigid tow bar attached to the rear of the snowmobile, except a disabled machine, and that by a rope no longer than ten feet (10'). (D) No snowmobile shall be operated in such a manner so as to create loud and excessive noise, or in any way which shall unduly disturb the peace and privacy of the residents of the City, or in a manner to create a public nuisance thereby. (E) No person shall operate a snowmobile while under the influence of intoxicating liquor, narcotics or habit-forming drugs. (F) No person shall leave or allow a snowmobile to be or remain unattended while the motor is running, or with the keys in the ignition switch. (G) When snowmobiles are approaching each other head on, or clearly so, each shall turn to the right a sufficient distance so that they will safely pass. When the course of an approaching snowmobile is so far to the right as not to be considered as meeting head on, each shall maintain its course and pass clear. When snowmobiles are crossing courses, or approaching each other obliquely or at right angles, so as to involve risk of collision, the snowmobile which has the other on its right shall yield the right of way. (H) The limitations of operation provided under this Chapter are excepted from and shall not apply in the case of emergency when any street, road or highway to reach a given location within the County is impassable by other motor vehicles. 11-2-4: REQUIRED SNOWMOBILE EQUIPMENT: (A) Except as otherwise provided by State Statute and Rules and Regulations of the Commissioner, as adopted by this Chapter; all snowmobiles must have standard mufflers, properly attached and in constant operation, which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor and the exhaust system shall not emit or produce a sharp popping or crackling sound. (B) All snowmobiles shall have a safety or "deadman" throttle in operating condition at all times. 1/ 11-2-6 11-2-5 11-2-5: ENFORCEMENT: The Police Department may select and train persons to enforce this Chapter. (Ord. 72-19, 11-6-72) 11-2-6: PENALTY: Any person violating the terms of this Chapter shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment for a period not exceeding ninety (90) days, or both. (Ord. 72-19, 11-6-72; amd. 1979 Code) (5) "Dismantled firearm" shall mean any weapon included in the above definition of ''anooting which is u sn1dIuItu lit such a manner as to prevent shooting of the same. 806.03. RESTRICTION OF FIREARM USE. The shooting or carrying of firearms which are not encased or dismantled shall be re- stricted to the following circumstances within the geographical limits of the City of Savage: (1) A landowner, or his guest by express Invitation, upon lands owned by said landowner may shoot or carry a firearm other than a rifle or hand gun, provided that no shot, bullet, or other a7munition used shall pass beyond the bound- aries of his property nor In any event create a nuisance or danger too her persons. • (2) By law enforcement officers in the line of duty. (3) By a person discharging any firearm when,done in law ul defense of person, property or family or the necessary en- forcement of the law. 806.04. RESTRICTIONS ON THE USE OF BOWS AN. RROWS. The shooting of any bow and arrow within the geographical limits of the City of Savage Is prohibited except by/landowner,or his guests by express invitation,upon lands owned by said land: owner, provided that no arrows shall pass beyond-the boundaries ff his property nor in any event create a nuisance or danger to other persons. 806.05. VIOLATIONS. All shooting o 'rearms within the Cithy of Savag except as herein provided is prohibited,and any person S.t o c-_; T ;rho.saall,violat@many ,.ovisions of his part shall be deemed guilty of a ir>isdemeanor. Each day of a violation shall constitute a :a4lt hi:�tb f`U araleo'iferlse.c1� 1 ice:;! 6000 McColl Drive (Co. Ro. 16 • - Savage,Minnesota 55378 4 k, �:�..�,.:;... PART 7. REGULATION OF "SNOWMOBILES" fir'. Vie+ 807.01. REGULATION.. The use and operation of certain vehicles, commonly called "snowmobiles" within the city limits of the City of Savage is hereby regulated as set forth in this part. 807.02. DEFINITIONS. In addition to the definition set forth in the Minnesota Snowmobile Laws hereinafter adopted by reference, the following definitions shall apply: • s of As used in this part, streets or highways r rights of ire width • (1) between the linesboundaryStrts or highways orrigoway of any ways or place when any part thereof is open to the useof the public,as atmatter of right for the purposes of vehicular traffic. (2) Safety or Deadman Throttle.As used in this part,safety or deadman throttle is defined as a device which,when pres- sure is removed from the engine accelerator or throttle,causes the motor to be disengaged from the driving tract. 807.03. MINNESOTA SNOWMOBILE LAWS. The Minnesota Snowmobile Laws Minnesota Statutes 84.81 through 84.89, as amended and the game laws relating to the use of snowmobiles,Minnesota Statutes 100.29,together with the Snowmobile Rules and Regulations adopted by the Department of Natural Resources and as filed,as provided by 1,Ainnesota Statutes 15.0413 on December 22,1971,regulations Nos.51 through 59,are hereby adopted and made part of this part,as if fully set forth herein. 807.04. SNOWMOBILE OPERATIONS. It shall be unlawful for any person to operate a snowmobile within the city limits of the city of Savage in violation of the following time restrictions and other restrictions: Wx.� 0)4 ,R3333 fuer 447. . _ _ - • (1) Between the hours of 11:00 p.m.and 7:00 a.m. - -- 2 m nnrl 7•M m nn Cnlnrri2y nr Cunr12u mnrni•Tc The C•a}urri2v a^ d S ay morning hours shall alto apply to (2) On any land not his own except where otherwise allowed �byy�law without the written or oral permission of the owner, occupant,or lessee of such lands. `���/� - "� �_�j /�X17, (J �L�✓. w•,S/zs ASP` c70 Ak2d-Af� �` may be (3) Within the last hour permitted operation on any'�given a' as set hoforthr Bowve, 1 o0 feet snowmobileof any other snow rated within 300 feet of a residence at a speed greater than 10 miles per e proceeding in the same direction. (4) At any place in a careless, reckless or negligent manner so as to endanger, or be likely to endanger, any person, or property,of another,or to cause injury or damage thereto. (5) On any sidewalks in the City of Savage provided for pedestrian travel. (6) On any school property within 100 feet of any building; sliding, skating or other athletic areas during the period of one hour before through one hour after normal school hours. (7) Within 100 feet of any fisherman,skating rink area,or sliding area,or any other area where the operation would conflict with the use of,or endanger other persons or property. s etr �' •:'"' v tr1,4LI:. ' :5) 7 Savage, Minnesota 55378 (0) in a cemetery. • (9) It shall be unlawful for any person to leave or allow any snowmobile to be or remain, unattended while the motor Is running, or with keys to start said snowmobile in the ignition switch; and no snowmobile shall tow any person, or thing on any public street or highway, or rights of way,except through use of a rigid tow bar attached to the rear of the snowmobile. / ,'JS) } (l ) t-v'iih;N pt-.6/;c• ri3f�D�- (0°)/ t fee¢ i/1 Pfl1� ts5 /S rh;(ev J2ez,A440 (C,60 807.05. OPERATION AT'INTERSEC IONS. No snowmobile shall enter any uncontrolled Intersection without making a complete stop and then the operator shall yield the right of way to any vehicle, or pedestrian, In the intersection,or so close to the Intersection as to constitute an immediate hazard. No snowmobile shall be operated at any uncontrolled Intersection in violation of such controls as may there be established and without conforming to the laws and regulations in effect at such controlled intersections regulating vehicular and pedestrian movement therein. 807.08. YOUTHFUL SNOWMOBILE OPERATIONS. Not withstanding anything in this part to the contrary, no person under 14 years of age shall operate a snowmobile on city streets or make a direct crossing of a city street,county state-aid,or county highway as to constitute an Immediate hazard. No snowmobile shall be operated at any uncontrolled intersection in violation of such controls as may be established and without conforming to the laws and regulations In effect at such controlled intersections regulating ve- hicular and pedestrian movement therein. 807.07. REQUIRED SNOWMOBILE EQUIPMENT. All snowmobiles shall have a safety or"deadman" throttle in operating condition at all times. Except as otherwise provided by State Statute and Rules and Regulations of the Commissioner, as adopted by this part, all snowmobiles must have standard mufflers, properly attached and in constant operation, which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulations CONS 55, which is hereby adopted by reference, as it existed on September 1, 1970. No person shall use a muffler cut-out, by-pass, straight pipe or similar device on a snowmobile motor and the exhaust system shall not emit,or produce,a sharp popping,or crackling sound. 807.08. PARK BOARD. Notwithstanding any provisions of this part, the Savage Park Board shall have the authority to supervise and regulate events or programs conducted on public property in which snowmobiles are used. The Park Board shall have the auth- ority to designate City Park areas as they shall deem available for such use. - 807.09. OWNERS. It shall be a violation of this part for the owner of any snowmobile to permit the snowmobile to be operated • contrary to the provisions of this part. 807.10. EXCEPTIONS. The limitations of operation provided under this part are excepted from and shall not apply in the case of emergency when any street,road or highway, to reach a given location within the City,is impassable by other motor vehicles. 307.11. VIOLATIONS. Any person violating this part shall,upon conviction therefor,be found guilty of a misdemeanor. PART 8. INCORPORATION OF CERTAIN MINNESOTA STATUTES 808.01. ADOPTION. Minnesota Statutes Chapters 168, Motor Vehicles; 169, Highway Traffic Regulation,and 171, Drivers Licenses; are hereby adopted and made a part of this part by reference as if fully set forth herein. 808.02. CITATION. Any charge of a violation of this part may be indicated by charging such violator with a violation which shall be identified by the following prefix: "Savage City Code 809..." followed by the applicable section of Minnesota Statutes Chapters 166, 169,or 171. 808.03. VIOLATION. Any violation of this part shall be a petty misdemeanor and upon conviction thereof, any violator may be punished by a fine not to exceed$100.00. - __ . PART 9. PROHIBITION OF UNREASONABLE ACCELERATION 809.01. PROHIBITION. Unreasonable acceleration of any motor vehicle on any public or private road or way within the City of Savage,as unreasonable acceleration is hereinafter defined, is declared to be a public nuisance and is hereby prohibited. 809.02. DEFINITION. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration without apparent reason and accomplished in such manner as to cause squealing or screeching sounds by the tires or the throwing of sand or gravel by the tires of such vehicle or both. Prima facie evidence of such unnecessary and unreasonable acceleration shall be squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires of said vehicle,or both. •--809.03. PENALTY. Any person convicted of violating this part shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed$100.00. 8 6000 McColl Drive (Cc. Rd 16) Savage, Minnesota 55378 )/ 81.65 DEPARTMENT OF NATURAL RESOURCES 2074 Subd. 4. This section shall not be construed to imply that any restriction, case- ment, covenant or condition which does not have the benefit of this section shall, on account of any provision hereof, be unenforceable. Nothing in this section or section 84.64 shall diminish the powers granted by law to the commissioner of natural :1) resources or to any other state agency or political subdivision to acquire by purchase, gift, eminent domain or otherwise and to use land for public purposes. CO History: 1974 c 531 s 2; 1975 c 163 s 2,3; 1976 c 181 s 2; 1979 c 159 s 2 SNOWMOBILES 84.81 DEFINITIONS. Subdivision 1. For the purposes of Laws 1967, chapter 876 the terms defined herein shall have the meaning ascribed to them. Subd. 2."Person" includes an individual, partnership,corporation,the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Subd. 3."Snowmobile"means a self-propelled vehicle designed for travel on snow V or ice steered by skis or runners. w Subd. 4. "Owner" means a person, other than a lien holder, having the property CC in or title to a snowmobile entitled to the use or possession thereof. Subd. 5."Operate"means to ride in or on and control the operation of a snowmo- bile. Subd. 6."Operator"means every person who operates or is in actual physical con- trol of a snowmobile. Subd. 7."Register"means the act of assigning a registration number to a snowmo- bile. Subd. 8. "Commissioner" means the commissioner of natural resources acting directly or through the commissioner's authorized agent. Subd. 9."Roadway"means that portion of a highway improved,designed,or ordi- narily used for vehicular travel. Subd. 10. "Dealer" means a person, partnership, or corporation engaged in the business of selling snowmobiles at wholesale or retail. Subd. I I. "Manufacturer" means a person, partnership, or corporation engaged in the business of manufacturing snowmobiles. History: 1967c876s3:1969c695s1.2: 1969c1129ar110s2;1971c577s1; 1986 c 444 84.82 SNOWMOBILE REGISTRATION. Subdivision 1. [Repealed, 1984 c 654 art 2 s 155] • Subd. la.General requirements.A person may not operate or transport a snowmo • - • ; bile unless the snowmobile has been registered under this section. A person may not sell a snowmobile without furnishing the buyer a bill of sale on a form prescribed by the commissioner. Subd. 2. Application, issuance, reports. Application for registration or reregistra- tion shall be made to the commissioner of natural resources, or the commissioner of public safety or an authorized deputy registrar of motor vehicles in such form as the commissioner of public safety shall prescribe,and shall state the name and address of every owner of the snowmobile and be signed by at least one owner. Upon receipt of • the application and the appropriate fee as hereinafter provided,such snowmobile shall be registered and a registration number assigned which shall be affixed to the snowmo- bile in such manner as the commissioner of natural resources shall prescribe.Each dep- uty registrar of motor vehicles acting pursuant to section 168.33,shall also be a deputy registrar of snowmobiles.The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural require- : ments necessary to assure efficient handling of registrations and registration fees.Dep. 4i • •1 !/ • • • • • 2075 DEPARTMENT OF NA LURAL.RESOURCES 84.81 my registrars shall strictly comply with these accounting and procedural requirements A fee of 50 cents in addition to that otherwise prescribed by law shall be charged lot 3 each snowmobile registered by the registrar or a deputy registrar. The additional fee shall be disposed of in the manner provided in section 168.33, subdivision 2. Subd. 3. Fees for registration. (a) The fcc for registration of each snowmobile. other than those registered by a dealer or manufacturer pursuant to clause(h)or(c)shall be as follows: S18 for three years and S4 for a duplicate or transfer. (b) The total registration fcc for all snowmobiles owned by a dealer and operated for demonstration or testing purposes shall be S50 per year. (c) The total registration fee for all snowmobiles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be S I50 per year. Dealer and manufacturer registrations are not transferable. • • Subd. 4.Renewal.Every owner ofa snowmobile shall renew its registration in such manner as the commissioner shall prescribe, upon payment of the same registration fees provided in subdivision 3 hereof. Subd. 5.Snowmobiles owned by state or political subdivision.A registration num- • • ber shall be issued without the payment of a fee for snowmobiles owned by the state of Minnesota or a political subdivision thereof upon application therefor. Subd. 6.Exemptions.No registration hereunder shall be required for the following described snowmobiles: (a) Snowmobiles owned and used by the United States,another state,or a political subdivision thereof. • (b) Snowmobiles registered in a country other than the United States temporarily used within this state. (c) Snowmobiles covered by a valid license of another state and which have not been within this state for more than 30 consecutive days. • I (d) Snowmobiles used exclusively in organized track racing events. I (e) Snowmobiles in transit by a manufacturer, distributor, or dealer. Subd. 7.The commissioner of natural resources may issue special permits to out of state snowmobiles from a state or country where registration is not required to oper- _1 ate in Minnesota for limited periods of time not to exceed 30 days in connection with organized group outings, trailrides, races, rallies and other promotional events. Subd. 8. Registration by persons under 18 prohibited. No person under the age of 18 years may register a snowmobile. Subd. 9. [Repealed, 1985 c 54 s 3) History: 1967 c 876 s 4:1969 c 1315 1;1969c695s3,4;1969c 1129 art 10s2.1971 I c 577 s 2-5;Ex1971 c 48 s 33,34; 1973 c 202 s 1; 1979 c 241 s 1; 1982 c 580 s 1,2; 1985 c 54 s 1,2; 1986 c 444 84.821 REQUIREMENTS OF MAKERS OF SNOWMOBILES. h• Subdivision 1.All snowmobiles made after June 30, 1972,and sold in Minnesota, • : :: shall bear the maker's permanent identification number stamped in letters and num- 4. bers in the form and at a location prescribed by rule of the commissioner. Subd. 2.All snowmobiles made after June 30, 1972,and sold in Minnesota,shall • be designed and made to provide an area on which to affix the registration number.This arca shall be at a location and of dimensions prescribed by rule of the commissioner. History: 1971 c 577 s 6; 1985 c 248 s 70 fr1 84.83 DISPOSITION OF RECEIPTS; DEDICATED ACCOUNT. •? Subdivision 1. Creation.There is created in the state treasury an account known • as the snowmobile trails and enforcement account in the natural resources fund. Subd. 2. Money deposited in the account. Fees from the registration of snowmo- ti. biles and the unrefunded gasoline tax attributable to snowmobile use pursuant to sec- l / • 84.83 DEPARTMENT OF NATURAL RESOURCES 20761 tion 296.16 shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account. Subd. 3. Purposes for the account.The money deposited in the account and inter- • est earned on that money may be expended only as appropriated by law for the follow- ing purposes: (I) For a grant-in-aid program to counties and municipalities for construction and maintenance of snowmobile trails; (2) For acquisition,development,and maintenance of state recreational snowmo- bile trails; (3) For snowmobile safety programs; and (4) For the administration and enforcement of sections 84.81 to 84.90. • History: 1967 c 876 s 5; 1969 c 399 s 1; 1969 c 695 s 5; 1982 c 580 s 3; 1987 c 404 • s 97;; 1989 c 335 art 4 s 17 84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP. Within 15 days after the transfer of ownership, or any part thereof, other than a security interest,or the destruction or abandonment of any snowmobile,written notice thereof shall be given to the commissioner in such form as the commissioner shall pre- scribe:Every owner or part owner of a snowmobile shall, upon failure to give such notice, be subject to the penalties imposed by Laws 1967,chapter 876. History: 1967 c 876 s 6; 1986 c 444 84.85 LICENSING BY POLITICAL SUBDIVISIONS. No political subdivision of this state shall require licensing or registration of snow- mobiles covered by the provisions of Laws 1967, chapter 876. • History: 1967 c 876 s 7 84.86 RULES. Subdivision 1.With a view of achieving maximum use of snowmobiles consistent with protection of the environment the commissioner of natural resources shall adopt rules in the manner provided by chapter 14, for the following purposes: (I) Registration of snowmobiles and display of registration numbers. • i (2) Use of snowmobiles insofar as game and fish resources arc affected. (3) Use of snowmr'biles on public lands and waters under the jurisdiction of the • # commissioner of natural resources. • (4) Uniform signs to be used by the state,counties,and cities,which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles. (5) Specifications relating to snowmobile mufflers. i (6) A comprehensive snowmobile information and safety education and training program, including but not limited to the preparation and dissemination of snowmo- bile information and safety advice to the public,the training of snowmobile operators, , . and the issuance of snowmobile safety certificates to snowmobile operators who suc- cessfully complete the snowmobile safety education and training course. For the pur- f: pose of administering such program and to defray a portion of the expenses of training - and certifying snowmobile operators, the commissioner shall collect a fee of not to exceed $5 from each person who receives the training and shall deposit the fee in the snowmobile trails and enforcement account and the amount thereof is appropriated annually to the commissioner of natural resources for the administration of such pro- grams.The commissioner shall cooperate with private organizations and associations, private and public corporations,and local governmental units in furtherance of the pro- gram established under this clause.The commissioner shall consult with the commis- sioner of public safety in regard to training program subject matter and performance testing that leads to the certification of snowmobile operators. • / / --- .• — -�--,r,'c C-ANe>- ' y ii '�'— -�i�}J1�..J.NR/. lii/)g_.1r:..�.� ,' 2077 DEPARTMENT OF NATURAL RESOURCES MA ..:'; .t: (7) The operator of any snowmobile involved in an accident resulting in injur requiring medical attention or hospitalization to or dcath of any to an extent of S100 or more, shall promptly forward a written report of the arson or total ccident to the commissioner on such form as the commissioner shall prescribe. Subd. 2.The commissioner of public safety may adopt rules not inconsistent here- with in the manner provided by chapter 14,regulating the use of snowmobiles on streets and highways. History: 1967 c 876 s 8; 1969c399s1;1969c695s6; 1969c1129art 10s2; 1971 c 491 s 1; 1971 c 577 s 7, 1973 c 123 art 5 s 7,• 1982 c 424 s 130; 1982 c 594 s 2; 1985 c 248s 70; 1Sp1985 c 13 s 194; 1986 c 444 ;= 84.87 OPERATION; REGULATIONS BY MUNICIPALITIES. ii, Subdivision 1. Operation on streets and highways. (a) No person shall operate a snowmobile upon the roadway,shoulder,or inside bank or slope of any trunk,county state aid,or county highway in this state and,in the case of a divided trunk or county highway,on the right-of-way between the opposing lanes of traffic, except as provided in sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of- k. way of any trunk, county state aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise,except on the right-hand side of such 1:11" right-of ofthe day wayprovand ided:in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this state. (b) A snowmobile may make a direct crossing of a street or highway at any hour (I) the crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and (2) the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and (3) the driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and _` (4) in crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway;and • (5) if the crossing is made between the hours of one-half hour after sunset to one- • half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on; and (6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; pro- vided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge and the crossing is made without undue i delay. (c) No snowmobile shall be operated u unless it is • equipped with at least one headlamp,one tail lamp,en a ach of minimum canic street or dlepower as prescribed by rules of the commissioner, reflector material of a minimum arca of 16 square inches mounted on each side forward of the handle bars,and with brakes each of which shall conform to standards prescribed by rule of the commissioner pursuant to the authority vested in the commissioner by section 84.86,and each of which shall 1. a be subject to approval of the commissioner of public safety. (d) A snowmobile may be operated upon a public street or highway other than as provided by clause(b)in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (e) All provisions of chapter 169 shall apply to the operation of snowmobiles upon streets and highways,except for those relating to required equipment,and except those • 1/ • 84.87 DEPARTMENT OF NA'rvan,.Rt:1OURCES 2071 which by their nature have no application. Section 169.09 applies to the operation of g? . snowmobiles anywhere in the state or on the ice of any boundary water of the state. ,•,1 (1) Any sled, trailer, or other device being towed by a snowmobile must be equipped with reflective materials as required by rule of the commissioner. Subd. la.Organized contests,use of highways,etc.Nothing in this section or chap- ter 169 shall prohibit the use of snowmobiles within the right-of-way of any state trunk r or county state-aid highway or upon public lands or waters under the jurisdiction of "•rc the commissioner of natural resources,in any organized contest,subject to the consent .;i of the official or board having jurisdiction over the highway or public lands or waters. :r In permitting such contest, the official or board having jurisdiction may prescribe 5.: such restrictions or conditions as they may deem advisable. , . Subd. 2.Operation generally.It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: (a) at a rate of speed greater than reasonable or proper under all the surrounding circumstances; !1 •(. (b) in a careless,reckless or negligent manner so as to endanger the person or prop- tt erty of another or to cause injury or damage thereto; (c) without a lighted head and taillight when required for safety; .4 (d) in any tree nursery or planting in a manner which damages or destroys growing .. stock. -•t Subd. 2a. Operation prohibited on airports. It is unlawful for any person to drive <' or operate any snowmobile on an airport delined in section 360.013,subdivision 5,or f7 other applicable law. Subd. 2b. Operating under influence of alcohol or controlled substance.A person in control of or operating a snowmobile under the influence of alcohol or a controlled substance is governed by the prohibitions and chemical testing requirements of sections 84.91 and 84.911 and is punishable in accordance with those sections. : • • // 2079 l)F1'AR'IMF;N r OF NA!URAL RISol lk(T-%X-1.XM vale lands,with the permission of the owner,lessee,or custodian of the land;(3)public lands and water under the jurisdiction of the commissioner of natural resources, with the commissioner's permission;or(3)other public lands,with the consent of the public agency owning the land. No person shall have for sale,sell,or offer for sale on any new • snowmobile any muffler that fails to comply with the specifications required by the rules of the commissioner after the effective date of the rules. Ilistory: 1969 c 695 s 9; 1969 c 1129 art 10 s 2; 1985 c 248 s 70 • 84.872 YOUTHFUL SNOWMOBILE OPERATORS; PROHIBITIONS. Notwithstanding anything in section 84.87 to the contrary, no person under 14 years of age shall make a direct crossing of a trunk,county state-aid,or county highway as the operator of a snowmobile, or operate a snowmobile upon a street or highway • within a municipality.A person 14 years of age or older, but less than 18 years of age, may make a direct crossing of a trunk,county state-aid, or county highway only if the person has in immediate possession a valid snowmobile safety certificate issued by the commissioner or a valid motor vehicle operator's license issued by the commissioner • of public safety or the drivers license authority of another state. No person under the - age of 14 years shall operate a snowmobile on any public land or water under the juris- diction of the commissioner unless accompanied by one of the following listed persons on the same or an accompanying snowmobile,or on a device towed by the same or an accompanying snowmobile: the person's parent, legal guardian, or other person 18 years of age or older.however,a person 12 years of age or older may operate a snowmo- bile on public lands and waters under the jurisdiction of the commissioner if-the person has in immediate possession a valid snowmobile safety certificate issued by the com- missioner. It is unlawful for the owner of a snowmobile to permit the snowmobile to be oper- ated contrary to the provisions of this section. When the judge of a juvenile court,or any of its duly authorized agents,shall deter- ,'_ mine that any person,while less than 18 years of age,has violated the provisions of sec- tions 84.81 to 84.88, or any other state or local law or ordinance regulating the • operation of snowmobiles,the judge,or duly authorized agent,shall immediately report such determination to the commissioner and may recommend the suspension of the person's snowmobile safety certificate.The commissioner is hereby authorized to sus- pend the certificate, without a hearing. History: 1969 c 695 s 10; 1971 c 577 s 9; 1986 c 444: 1987 c 89.r 1 84.873 SIGNAL. FROM OFFICER TO S'I'OI'. It is unlawful for a snowmobile operator,after having received a visual or audible signal from any law enforcement officer to conic to a stop, to(a)operate a snowmobile - in willful or wanton disregard of such signal,or(b) interfere with or endanger the law enforcement officer or any other person or vehicle,or(c) increase speed or attempt to flee or elude the officer. History: 1973 c 672 s 1; 1986 c 444 84.88 PENALTIES. Subdivision 1. Any person who shall violate any provision of sections 84.81 to 84.89 or any rule of the commissioner of natural resources or of the commissioner of public safety promulgated pursuant to law shall be guilty of a misdemeanor. Subd. 2.A person registered as owner of a snowmobile may be fined not to exceed 5300 if a snowmobile bearing the person's registration number is operated contrary to f' the provisions of sections 84.81 to 84.88, or 97B.091. The registered owner may not ' be so fined if(a) the snowmobile was reported as stolen to the commissioner or a law enforcement agency at the time of the alleged unlawful act,or if(b)the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act,or if(c)the registered owner furnishes to law enforcement officers / / a1.t8 DEPART MEN r'OF NATURAL RESOURCES 2080 upon request the identity of the person in actual physical control of the snowmobile at the time of such violation. The provisions of,this subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof,the departure date and time,and expected time of return thereof.Such record shall be preserved for at least six months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to sections 84.81 to 84.88, or 97B.091. The provisions of this subdivision do not pro- hibit or limit the prosecution of a snowmobile operator for violating any of the sections referred to in this subdivision. l listory: 1967 c 876s 10; 1969 c 1129 art 10 s 2: 1971 c 23 s 10; 1971 c 491 s 3,' 1971 c 577 s 10; 1973 c 701 s 2; 1985 c 248 s 70; 1986 c 386 art 4 s 14; 1986 c 444 84.89 CONFISCATION OF SNOWMOBILE USED IN BURGLARY. A law enforcement officer shall seize any snowmobile, as defined in section 84.81, used for the purpose of gaining access to property for the purpose of committing the crime of burglary, as defined in section 609.582. Any snowmobile seized pursuant to this section shall be held,subject to the order of the district court of the county in which the burglary was committed, and shall be confiscated after conviction of the person from whom the snowmobile was seized and disposed of in accordance with the proce- dure provided for equipment used in committing game and fish violations by section 97A.225,except that the balance of the proceeds from the sale of a confiscated snowmo- bile which are paid into the state treasury shall be credited to the general fund. History: 1969 c 176 s 1; 1969 c 399 s 1; 1986 c 386 art 4 s 15; 1937 c 384 art 2 s 1 84.90 LIMITATIONS ON THE OPERATION OF RECREATIONAL MOTOR VEHICLES. Subdivision 1. For the purposes of this section the following terms have the mean- t ings given them:(a)"Recreational motor vehicle"means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational pur- 1 poses, including but not limited to snowmobile, trail bike or other all-terrain vehicle, hovercraft,or motor vehicle licensed for highway operation which is being used for off- road recreational purposes. (b) "Snowmobile" has the same meaning given by section 84.81, subdivision 3. Subd. 2. Within the seven county metropolitan area, no person shall enter and operate a recreational motor vehicle on lands not owned by the person, except where otherwise allowed by law, without the written or oral permission of the owner, occu- pant, or lessee of such lands. Written permission may be given by a posted notice of • any kind or description that the owner,occupant,or lessee prefers,so long as it specifies the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed," "Snowmobiles Allowed," "Trail Bikes Allowed," "All-Terrain Vehicles Allowed," or words substantially similar. Subd. 3.Outside the seven county metropolitan area,no person shall enter on any land not owned by the person for the purpose of operating a recreational motor vehicle after being notified,either orally or by written or posted notice,by the owner,occupant, or lessee not to do so. Where posted notice is used,signs shall bear letters not less than two inches high and shall state one of the following: "Recreational Vehicles Prohibit- ed,""Snowmobiles Prohibited," "Trail Bikes Prohibited," "All-Terrain Vehicles Pro- hibited,"or words substantially similar. In lieu of the above notice an owner,occupant or lessee may post any sign prohibiting recreational motor vehicles which has been adopted by rule of the commissioner of natural resources. The notice or sign shall be posted at corners and ordinary ingress and egress to the property and when so posted shall serve so as to raise a conclusive presumption that a person operating a recreational motor vehicle thereon had knowledge of entering upon such posted lands. Failure to post notice as provided in this subdivision shall not deprive a person of the right to bring a civil action for damage to one's person or property as otherwise provided by law. • • // 2081 DEPARTMENT OF NATURAL RESOURCE' Subd. 4.It is unlawful for a person to post,mutilate,or remove any notice of provided in this section upon any lands or waters over which the person has no • title,interest,or license. It is unlawful for a person other than a duly constituted authority to so post any public lands, including but not limited to tax-forfeited I; as above described. It is unlawful for a person to mutilate,destroy,damage,or rcr: any shelter,comfort station or other trail facility on any trail established on state o% land or on any recreational trail which is funded in whole or in part by state grant-i: funds. Subd. 5. No person shall enter or leave the lands of another with a rccrcati motor vehicle, or pass from one portion of such lands to another portion, throu. closed gate,without returning the gate to its original position.No person shall entt leave the lands of another with a recreational motor vehicle by cutting any wire or t ing down or destroying any fence. Subd. 6. Nothing in this section shall limit or otherwise qualify the power municipalities,counties,school districts, or other political subdivisions of the stat any agency of the state to impose additional restrictions or prohibitions on the op, tion of recreational motor vehicles on property not owned by the operator in ac( dance with law. Subd. 7.A person violating the provisions of this section is guilty of a misdern nor. History: 1974 c 468 s 1; 1981 c 215 s 1; 1985 c 248 s 70; 1986 c 444 84.91 OPERATION OF SNOWMOBILES ANI) ALL-TERRAIN VEHICLES • PERSONS UNDER TIIE INFLUENCE OF ALCOHOL OR CONTROLLED St STANCES. Subdivision 1.Acts prohibited.(a)No person shall operate or be in physical cont: of any snowmobile or all-terrain vehicle anywhere in this state or on the ice of a boundary water of this state while under the influence of: (I) alcohol, as provided in section 169.121, subdivision I, clauses(a)and (d): (2) a controlled substance, as defined in section 152.01,subdivision 4;or (3) a combination of any two or more of the elements named in clauses(1) a: (2). (b) No owner or other person having charge or control of any snowmobile or a terrain vehicle shall authorize or permit any individual the person knows or has ream to believe is under the influence of alcohol or a controlled substance,as provided und' r paragraph (a), to operate the snowmobile or all-terrain vehicle anywhere in this sta or on the ice of any boundary water of this state. (c) No owner or other person having charge or control of any snowmobile or al terrain vehicle shall knowingly authorize or permit any person,who by reason of an physical or mental disability is incapable of operating the vehicle,to operate the snow• mobile or all-terrain vehicle anywhere in this state or on the ice of any boundary watc . of this state. Subd. 2.Arrest.Conservation officers of the department of natural resources,she: iffs,sheriff's deputies,and other peace officers may arrest a person for a violation undc subdivision I without a warrant upon probable cause, if the violation was committee in the officer's presence. If the violation did not occur in the officer's presence, the otl: cer may arrest the person if the person was involved in a snowmobile or all-terrain vch: de accident resulting in death, personal injury, or property damage. Subd. 3.Preliminary screening test.When an officer authorized under subdivision 2 to make arrests has reason to believe from the manner in which a person is operating controlling,or acting upon departure from a snowmobile or all-terrain vehicle, or hat operated or been in control of the vehicle,that the operator may be violating or has vio- lated subdivision 1, paragraph (a), the officer may require the operator to provide a breath sample for a preliminary screening test using a device approved by the commis- • sioner of public safety for this purpose. The results of the preliminary screening test 0 • • • • 6100.3700 PARKS,TRAILS,AND SNOWMOBILES 5200 6100.3700 TRAPPING. The commissioner may forbid the placement of any manner of animal trap in any area of a trail by order. Statutory Authority:MS s 84.03:84.86 . 6100.3800 PROTECTION OF THE TRAIL. Subpart I.Environment.No person shall disturb,destroy,injure,damage,or remove any property within trails including but not limited to vegetation,ruins. wildlife, geological formations. signs, or facilities except edible fruit and wild animals legally taken under the provisions of parts 6100.3600 and 6100.3700 and vegetation unavoidably damaged or destroyed by the ordinary uses of the trail as specifically permitted by these parts.Collections for scientific and educational purposes may be made with the written consent of the commissioner previously obtained. • Subp.2.Bill posting.No persons shall post,paste,fasten,paint,or affix any placard, bill, notice, or sign upon any structure, tree,stone, fence, or enclosure in a trail. Subp. 3.Obstructions.No person shall place or cause to remain within any trail,any snowmobile,trailer,horse,bicycle,or other object so as to obstruct the free use and enjoyment of said trail. Any such obstruction shall be removed at the owner's expense. If not claimed and payment of expenses offered within a reasonable time,which in no case shall be more than 30 days,it shall be disposed • of according to the provisions of Minnesota Statutes,section 16B.25 concerning the disposal of lost or abandoned property. Subp.4.Refuse.No person shall burn or dispose of garbage.refuse,litter,or trash within a trail except in receptacles provided for that purpose. Statutory Authority: MS s 84.03;84.86 6100.3900 PROTECTION OF OTHER USERS. Subpart 1. Personal conduct.Within a trail, no person, knowing or having reasonable grounds to know that it will,or will tend to,alarm,anger,or disturb others,or provoke an assault,shall breach the peace by engaging in the following conduct: • A.brawling,fighting,or other violent conduct directed toward another, • or B. offensive, obscene, or abusive language, or boisterous and noisy conduct which might be reasonably expected to arouse alarm,anger, or resent- ment in others. Subp. 2. Intoxication. No person while within a trail shall be in a state of intoxication brought about by the consumption of intoxicating liquor. Subp.3.Drugs.No person shall use,be in the possession of,or be under the • influence of drugs within a trail unless such use, possession, or influence is pursuant to and in compliance with a prescription from a licensed physician. • Subp. 4. Pets.No persons shall allow any pet animal to be unrestrained or unattended except dogs used for hunting during legal hunting seasons in accord- ance with part 6100.3600.Such pets shall be restrained by a leash not exceeding six feet. • Subp.5. Peddling or soliciting.No person shall peddle or solicit business of any nature, within a trail, or use any of the lands or structures as a base for • commercial operations. • Subp. 6. Safety. While being ridden or operated within a trail, horses, bicycles,and snowmobiles must be under the control of the operator at all times. • . Statutory Authority:MS s 84.03:84.86 l/ 5201 PARKS,TRAILS,AND SNOWMOBILES 6100.5000 6100.4000 ADJACENT LAND. Subpart 1. Access. A trail shall not be used as an access to private lands without the consent of the landowner, lessee, occupant,or his agent. Subp.2. Posting.Failure to post private lands does not imply such consent for trail users. Statutory Authority:MS s 84.03;84.86 6100.4100 OTHER LAWS. All uses of trails will be subject to commissioner's orders,snowmobile rules and safety laws,and bicycle rules and state laws. Each component of the designated state recreational trail system shall he subject to the provisions of these parts,provided that in the event of conflict with some other law or rule of this state, the more restrictive provision will apply. No regulation or ordinance adopted by a local unit of government may be inconsistent with these rules,except that local regulations or ordinances concern- ing the use of firearms,bows and arrows,and traps may be more restrictive than these rules. Statutory Authority:MS s 84.03;84.86 6100.4200 SUSPENSION OF RULES. The commissioner may provide exceptions to the general rules for a specific trail by order filed with the secretary of state, if such exceptions authorize activities which are not inconsistent with the purposes for which the trail is established or better serve the public interest. Statutory Authority:MS s 84.03;84.86 6100.4300 PENALTY. Any person who shall violate any rules promulgated herein shall be guilty of a misdemeanor and subject to arrest. Statutory Authority:MS s 84.03;84.86 SNOWMOBILES • 6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUM- BERS. Subpart 1. Application. Application for snowmobile registration shall be made to the commissioner of natural resources or his authorized agent on the form prescribed. (See part 6100.6000,subpart 1, Form A). Registrants must he • 18 years of age or older prior to applying for registration of a snowmobile. Upon presentation of a bill of sale in the form prescribed by the commissioner, part rn 6100.6000 subpart 2, Form B,and payment of the fee required, a snowmobile C'; registration certificate will be issued to the applicant.Registration certificates arc rT; valid for a period of three years. A decal showing the expiration date shall be 4<- affixed to the machine as illustrated below.• Subp. 2. Required information.The applicant shall furnish all the informa- tion required by the application for snowmobile registration. (Part 6100.6000. subpart 1,Form A.) • Subp.3.Affixation of number.The registration number of the snowmobile. • shown on the registration certificate, shall be affixed to the snowmobile and maintained in a clear,legible manner.On all machines made after June 30, 1972, and sold in Minnesota, such registration number shall be affixed in the space Ces provided therefor in accordance with part 6100.5700, subpart 4. On all other • machines it shall be affixed on each side of the cowling on the upper half of the machine,as follows. cc. 1I i'-E -``'.i' '�.?� ,'s f°a . ra�:r:.'.- 1=fa'i.�_ moi._ .. ..r_. '..7.---.i.:-..;----:!....---:.--. •Y •,.. :.i 6100.5000 PARKS,TRAILS, AND SNOWMOBILES 5202 4' T DECAL �i . 3- A - 1 2 3 4 Subp. 4. Description of decal or number; lust or destroyed number or decal. .. - All letters and numbers shall be of a color which will contrast with the surface to which applied, and shall be at least three inches high and three-eighths inch lost, a.When any pall be affixed affixed n the manner shownistration ror above.The registration lost, duplicate shall be a number shall remain the same if renewed by July I following the expiration date. Subp. l General prohibition. No person shall of, a snowmobile within this staterate or e which does person shall permit the operation =. not have its registration number and unexpired decal affixed in the form and manner required by this part, unless the owner is exempted from the registration requirements of this state by Minnesota Statutes. section 84.82. Subp. 6. Duplicate certificate. A duplicate Sgoncrtioncertificate on thc form prescribed e issued upon application by the owner to th and upon opayment of thc fcc required btained from the Department of Natural Resoury law. ces liceent nse centercor anyl may be conservation officer. Subp. 7.Transfer of ownership. Application for transfer of ownership shall be made to the commissioner within 15 days of the date of transfer.An"Applica- tion for Transfer" form (part 6100.6000, a d submittedt 3. Form dtogether is to be txecuted he fee by the registered owner and the purchaser required by law,the owner's registration certificate and a bill of sale in the form . prescribed by the commissioner(part 6100.6000, subpart 2, Form B). _ Subp. 8. Reporting of abandoned, stolen. or bede Toted estroyed snowthe comm.sAban- . doped, stolen, or destroyed snowmobiles shallP within 15 days by completing the reverse side of the registration certificate. No fee is charged for the reporting. = : Statutory Authority: MS s 84.86 <.c. L+� 6100.5001 DEALER'S AND MANUFACTURER'S REGISTRATION.Sration of Subpart l.Demonstration or testing purposes.App w all snowmobiles owned by a dealer and operated for demonstration or testing i4-.. purposes shall be made to the commissioner on form D as prescribed eeren.part 6100.6000. subpart 4. Upon payment of the fee required by law, tion plates will be issued, together with a registration certificate which shall be F. conspicuously displayed by the dealer in his place of business. 15 Subp. 2. Research. experimentation,or demonstration purposes.Application ,i foranufacturer and testing,�experimentation, or demonf all snowmobiles owned stration purposes shall be madedetto -i research • hog as the meat of the fee required l by law , 2i eg str ponpllates w00 be issued,oge her payment o with a registration certificate which shall be conspicuously displayed by the manufacturer in his place of manufacture. Subp. 3. Duplicate plates. Additional duplicregistration gi a fee n platesamaybe purchased by a dealer or manufacturer upon payment . Subp.4.Display required.No dealer or manufacturer shall operate.or permit to beoperated. otsnowmobile under the control of such derrmanufactuer unless a alregistration plate is clearly d played on such snowmobile. /1 5203 PARKS,TRAILS, AND SNOWMOBILES 6100320(1 Subp. 5. Nontransferability. Dealer and manufacturer registrations arc not transferable. Statutory Authority: MS s 84.86 6100.5002 SPECIAL PERMITS. Upon written application by the responsible event sponsor to the commis- sioner,special operating permits for limited periods of time not to exceed 30 days may be issued to operators of snowmobiles from states which do not require registration when such snowmobiles are to be used in connection with a responsi- bly organised group outing, trailride, race, rally, or other promotional events. • Such permit shall be conspicuously displayed on the snowmobile and is valid only when wasthe issued and for the period of time connectith on a permievent tor whichh the . permit • Statutory Authority: MS s 84.86 6100.5100 USE OF SNOWMOBILES DURING HUNTING SEASON. No person shall operate a snowmobilethe ak nbetween fexc pt for law 7:00 a.m. and 3:00 p.m. in any area open for g ofdeer by firearms, however, that enforcement purposes or by commissioner's order; provided conservation officers may issue written permits authorizing operation of snow- mobiles during such hours in case of emergency or other unusual conditions. Deer being dragged by a snowmobile must have the prescribed deer tag properly placed and locked at the time the operator arrives at an improved • roadway or designated trail. The tag must be properly placed and lnor other at the time the deer is brought into any hunting camp, dwelling, farmyard, place of abode of any kind occupied overnight, or before being placed wholly or partially on a snowmobile, or upon a conveyance towed by a snowmobile. Statutory Authority: MS s 84.86 6100.5200 USE OF SNOWMOBILES ON PUBLIC LANDS AND WATERS. Subpart 1. Permitted uses and exceptions.Snowmobiles may be operated on public lands or waters under jurisdiction operatef ahsnowmobile e nnrany of the of natural • resources except that no persons 3..:r following, except for law enforcement purposes: k, state ecreation area, state historic site, ..4.1:,!Y scientific and natural e A. in any statarea parwith the rexcept on of posted snowmobile trailsaor •• by t: areas: • B.in any state wildlife management area without the written permission ' of the agent in charge thereof in that part o t2 e statefrom lyi Grand Forks eastering south and west of y .: line described as follows: U.S. Highway to Bemidji; thence southerly along U.S. Highway No. 71 to Wadena: thence easterly along U.S. Highway No. 10 to Staples and U.S. Highway No. 210 to a: Carlton; thence east in a straight line to the easterly boundary of the state: and C.in any area in which such operation is or may hereafter be prohibited by law, regulations, order, or directive. Sons. Regulation by government divisions of state.regulateGovernmental sub- divisions of the statemay by resolution oution orordinance the operation of ->r': u►owmobiles on public waters within their boundaries,provided such resolution •• a ordinance is not inconsistent with law or these parts. No resolution or ordi- r -`. &Ince restricting the period of time within which snowmobiles may be operated c • ext public waters shall be valid with respect to such restriction nd unless first in • submitted to the commissioner of natural resources and approved Subp.3.No dumping.No person shall deposit any garbage,rubbish.offal.the ►- body of any dead animal, or other litter upon public lands or waters or the ice )/ 6100.5200 PARKS, TRAILS, AND SNOWMOBILES 5204 thereon. other than in containers, provided thereof, or, without the consent of •' the owner, on private lands or water or ice thereon. Subp. 4. Speed limits. Speed limits: A. It shall be unlawful for any person to drive or operate ani• snow- r' mobile at a rate of speed greater than is reasonable or proper under all of the surrounding circumstances or at a rate that is greater than that set by the commissioner of natural resources pursuant to item B, on public lands or waters of this state under the jurisdiction of the commissioner of natural resources. provided that the operation of any snowmobile at a rate of speed in excess of 50 r miles per hour on such lands or waters shall be unreasonable and unlawful unless operated pursuant to and in accordance with the provisions of item C. - B. Where necessary, the commissioner of natural resources may estab- lish and post at reasonable intervals,a reasonable and safe maximum speed limit ' for the operation of snowmobiles along a specific portion of public trail under his •'- jurisdiction, or in a specific area of public land or water under his jurisdiction. '' Such speed limit shall be effective when signs are erected and any operation of .:x',. a snowmobile within such posted portion of trail or area in excess of the posted speed Iimit is unlawful. - C. The speed limits established by item A and by the commissioner of - natural resources under the authority of item B may be waived in writing by the commissioner during the pendency of an organized race or similar competitive event held upon such lands or waters. •-.ia- _ - Statutory Authority: MS s 84.86 6100.5300 UNIFORM SIGNS. ,.-, L. Subpart 1. In general. The signs in subparts 2 to 10 are designated as necessary and desirable to control, direct, or regulate the operation and use of . e snowmobiles for the purposes indicated. Subp. 2. Informational blazer. Informational blazer to be used in indicating r' intersections or major changes in trail direction through use of the 7-1/2 inch . "}=' " decals shown below, or comparable screened insignia. -.- ,, •� s • • I • Subp. 3. Directional blazer. Directional blazer to be used in indicating minor -,. changes in trail direction through use of the 5-1/4 inch arrow decal shown below or comparable screened insignia. T,-C i'-9%+i 't-. N :ti t ^ ..r -t "—.. - i!d S- . t??,,.-4 i l ` a�.K .�''s t ? F I _ 1/ 5205 PARKS, TRAILS, AND SNOWMOBILES 6100330() Subp.4.Reassuring blazer.Reassuring blazer placed along trail often enough to reassure the user he is on trail. 1 Subp. 5. Color of blazers. The blazers in subparts 2 to 4 arc to be orange Scotchlite #3274 or its equivalent. Subp. 6. Directional decals.The following directional decals are to be used: A. Directional decal to be used on the 14 inch by 18-1/4 inch informa- tional blazer. h—7 /e—'j B. Directional decal to be used on the 9-1/4 inch by 12 inch directional blazer. • 1.--34=1 Subp. 7.Intersectional decals.Intersectional decals to be used on the 14 inch by 18-1/4 inch informational blazer. -tr ET 2.; � 1 � Subp.8.Intersectional decals.Decals in subparts 6 and 7 to have background or orange Scotchlite #3274 or equivalent with insignia screened black. // • _ - :Yid._ • .. -T. . eii ~.l•, .. .. 6100.5300 PARKS, TRAILS, AND SNOWMOBILES 5206 Subp. 9.Stop sign.Stop sign to be used along trail prior to road or highway crossing.Placement to be approximately 25 feet from such crossing point.Colors and reflectorization to conform to highway standards. STOP 12" MIN. Subp. 10. No snowmobiling sign. No snowmobiling to be used to indicate • trails and areas where snowmobile use is prohibited. Background color is to be orange Scotchlite #3274 or equivalent; snowmobile symbol to be 60 percent black, prohibiting slash and letters solid black. [hi) From and after October 1, 1970, no sign intended for any of the purposes indicated in the preceding paragraph shall be erected by the state or its govern- mental subdivisions unless such sign is substantially in the form, shape, dimen- sions, and colors shown in the preceding paragraph. Detailed plans and specifications of such signs will be available upon written request to the commissioner. • Statutory Authority: MS s 84.86 6100.5400 SNOWMOBILE ACCIDENT REPORTS. Subpart 1. Definitions.For the purposes of this part,certain terms or words used herein shall be interpreted as follows: A."Injury requiring medical attention"means an injury of such a degree that its proper treatment requires consultation with or a visit to a doctor or hospital emergency room. B. "Involved in an accident" means every snowmobile which either strikes or is struck by another person, snowmobile, motor vehicle, or other animate or inanimate object. C."Operator" means every person who operates or is in actual physical control of a snowmobile. D. "Promptly" means that such written report shall be forwarded as soon as possible after an accident but not more than 48 hours after such accident. E. "Total damage" means total apparent property damage resulting to each snowmobile and its related equipment or to any other property which is involved in the accident. Subp. 2. General requirement.The operator of any snowmobile involved in an accident resulting in injury requiring medical attention or hospitalization to or death of any person or total damage to an extent of $100 or more, shall promptly forward a written report of the accident on the form prescribed. (Part 6100.6000, subpart 5, Form E.) Statutory Authority: MS s 84.86 6100.5500 SNOWMOBILE EDUCATION AND TRAINING PROGRAMS. Subpart 1. Administration. Snowmobile education and training programs 1/ Y ' 5207 PARKS,TRAILS, AND SNOWMOBILES 6100.5700 will be administered by the snowmobile safety coordinator, Department of Natural Resources. e Subp. 2. Purpose. Training programs will be conducted in each county for the purpose of qualifying persons 12 years of age or older, but less than 18, for a snowmobile safety certificate. Subp. 3. Course content. The course content will include the following: machine nomenclature,control familiarization, machine safety features, operat- ing procedures, snowmobile and highway laws and regulations, loading and • t • towing procedures, snowmobile code of ethics, safety hazards of operation, including possible hearing damage,environmental consequences of snowmobile use, and performance and written tests. Subp.4.Fee.The fee for enrollment in a training program class is$2,payable in advance. A student who fails to pass may take the class over when available. without additional fee. Persons age 18 or over, or age 11 may be admitted to a class to the extent facilities permit upon payment of the $2 fee. Subp. 5. Safety certificate. Upon successful completion of the training pro- gram by a student,the instructor will submit the name,address,and date of birth of the student to the snowmobile safety coordinator who will issue to the student. on behalf of the commissioner, a snowmobile safety certificate. A duplicate certificate will be issued if the original is lost or destroyed, upon application and z: payment of$2.No snowmobile safety certificate shall be issued to any person less . than 12 years of age except to his or her parents or guardian, to be held by such parent or guardian until the person's 12th birthday. Subp. 6. Age limitations. Each snowmobile safety certificate issued shall • show on its face the birthdate of the person to whom it was issued. No person less than 14 years of age or any other person 14 years of age but less than 18 years of age who does not possess a snowmobile safety certificate may make a direct crossing of a street or highway at any time. Statutory Authority: MS s 84.86 =. 61005600 REVOCATION OF SNOWMOBILE SAFETY CERTIFICATES. r; Subpart 1. Form. When the judge of a juvenile court or any of its duly authorized agents shall determine that any person,while less than 18 years of age, • has violated the provisions of Minnesota Statutes,sections 84.81 to 84.88 or any i. ''- other state or local law or ordinance regulating the operation of snowmobiles, the judge or duly authorized agent shall immediately report such a determination to the commissioner on the form prescribed. (Part 6100.6000, subpart 6, Form F.) The judge,or duly authorized agent, may indicate upon the form prescribed his recommendation as to whether or not the person's snowmobile safety certificate should be suspended and the length of such suspension, if any. Subp. 2.Suspension of certificate;surrender.A person under 18 years of age shall surrender his snowmobile safety certificate to the judge, or his duly autho- rized agent, in all cases when such judge, or his agent, recommends the suspen- sion of such certificate.The snowmobile safety certificate shall be transmitted to the commissioner in all cases where suspension thereof is recommended and where such recommended period of suspension exceeds 15 days. Subp. 3. Retention of certificates.The commissioner shall retain possession ;: of snowmobile safety certificates which he suspends during the period of the suspension,all other certificates shall be returned immediately upon a determina- tion that they will not be suspended. Statutory Authority: MS s 84.86 . r • '; 6100.5700 REQUIRED EQUIPMENT. Subpart 1. Snowmobiles. No snowmobile shall be operated upon public lands, waters, streets, or highways unless it is equipped as follows: fit 1/ t 6100.5700 PARKS, TRAILS, AND SNOWMOBILES 5208 A.At least one head lamp having a minimum candlepower of sufficiem intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.Such head lamp •_ • shall be so aimed that glaring rays arc not projected into the eyes of an oncoming . snowmobile operator. . 13.At least one red tail lamp,having a minimum candlepower of :_ intensity to exhibit a red light plainly visible from a distance of 500 feet to the :. rear during hours of darkness, under normal atmospheric conditions. C. Reflector material of a minimum arca of 16 square inches mounted on each side forward of the handle bars. Reflector material shall have at least the minimum intensity values as prescribed in Table II of federal specifications L-S-300A, dated January 1. 1970. Registration numbers, the manufacturer's trade name, or other decorative material, if meeting minimum reflectorizatton standards. may be included in computing the required 16-square-inch arca. _ D. Brakes adequate to control the movement of,and to stop and to hold .. the snowmobile track under normal conditions of operation. E. "Street or highway" means the entire width between boundary lines or any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. ' Subp. 2. Sled, trailer, or device towed by snowmobile. Any sled, trailer, or -• other device being towed by a snowmobile during the hours of darkness under normal atmospheric conditions shall be equipped as follows: - A. Unobstructed and visible reflector material shall be mounted on each side and at the rear of the sled, trailer, or vehicle. B. The reflector material required herein shall have at least the mini- mum intensity values set forth in subpart 1, item C or it shall be in accordance • . with Reflex Reflectors, SAE J594E. Subp. 3. Maker's permanent identification number. All snowmobiles made after June 30. 1972, and sold in Minnesota shall bear the maker's permanent identification number so placed and of such size as follows: A. be stamped into the right outside vertical surface of the track tunnel in an area within 12 inches of the rearmost edge of the track tunnel, or other approved location; B. have a height of numerals and letters of not less than one-fourth inch; C. have a depth of embossing of not less than 0.010 inch; and • D. be readable without moving any part of the vehicle. Each snowmobile so manufactured shall bear an individual number which •!i is not duplicated by that maker at any time within the succeeding ten years. Subp. 4. Snowmobile registration number affixation. All snowmobiles made after June 30. 1972. and sold in Minnesota, shall be designed and made to T' provide an arca on which to affix the snowmobile registration number at the following location and of the following dimensions: A.A clear arca shall be provided on each side of the cowling or pan with the minimum size of 3-1/2 inches vertical by I I inches horizontal. B. It shall be a minimum of 12 inches from the ground when the • machine is resting on a hard surface. .:-.y •Y •• Subp. 5. Mufflers. Mufflers: A. No person shall operate a snowmobile unless it is equipped with a muffler as required by law and these rules, except that snowmobiles may be _; • operated in organized events as authorized by Minnesota Statutes,section 84.871, without such a muffler. ..b B. No snowmobile manufactured on or after June 30, 1970,and before February 1, 1972,for sale in Minnesota,except snowmobiles designed for compo• n .4 li • '" 5209 PARKS,TRAILS, AND SNOWMOBILES 61003800 - tition purposes only, shall be sold, or offered for sale, unless it is equipped with - a muffler that limits engine noise to not more than 86 decibels on the A scale at SO feet. C. No snowmobile manufactured on or after February 1, 1972, for sale in Minnesota,except snowmobiles designed for competition purposes only.shall - - be sold,or offered for sale, unless it is equipped with a muffler that limits engine • .;i, noise to not more than 82 decibels on the A scale at 50 feet. D. No snowmobile manufactured on or after April 1, 1975. except a • snowmobile designed for competition purposes only, shall be sold, offered for - sale,or operated in Minnesota unless it is so equipped and has been certified by the manufacturer to conform to a sound level limitation of not more than 78 • decibels on the A scale at 50 feet as originally equipped. E. In certifying that a new snowmobile complies with the noise limita- tion requirements of this rule, a manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Prac- tice J192(a), as set forth in the Report of the Vehicle Sound Level Committee. ''• as approved by the Society of Automotive Engineers September 1970 and revised November 1973. F. No snowmobile shall he sold or ollcred for sale in Minnesota unless its maker has previously furnished the commissioner with a certificate of compli- ance certifying that all snowmobiles made by that maker meet or exceed the applicable noise level restrictions established by these rules. The certification of compliance shall be in the form of a"Snowmobile Safety Certification C:ommit- tee" label conspicuously attached to the machine showing certification by the Snowmobile Safety and Certification Committee,Inc.,or a label showing compli- ance with Snowmobile Safety Certification Committee standards accompanied by a letter containing test results of an evaluation of noise levels by a competent 'V independent testing laboratory.Snowmobiles intended for competition purposes only shall be exempt from this part provided a separate placard identifying that F such snowmobile is not so equipped is conspicuously and permanently affixed ;- thereto. G. Except for organized events as authorized by Minnesota Statutes. section 84.871, no snowmobile shall be modified by any person in any manner ;} that shall amplify or otherwise increase total noise level above that emitted by the snowmobile as originally equipped, regardless of date of manufacture. Statutory Authority: MS s 84.86 History: 8 SR 1859 6100.5800 PENALTIES. Subpart 1. In general.Any person who shall violate any of the provisions of these parts shall be guilty of a misdemeanor. Subp. 2. Manufacturer's penalty. A manufacturer who certifies that a new snowmobile can meet the sound level limitations imposed by these parts shall be subject to the penalty provisions of subpart 1 for each machine so certified which • • does not meet the applicable sound level limitations. • Statutory Authority: MS s 84.86 ) I . o. 0 C 0 7. ii11 . _ . , cb . I � • , S C I . . t • , I •C i — O > zo z 1 i- ; y1 . > z r 7.R > . _ . �= z • } I V ' S 7 11 4 ` .t 2 • • is S 2 fi t o ..A N Ceis r y ^ a 0' OL '0 set _ • 11 9 2 S is;- a i1 E e o - 0 t..› 3 ! 4 o � i;• I . w c f a o 'if t T • Y o , a a. T • 3 fi i i 0 I c • - 3 o G7 �. i 7 E r ZI _ r >0. ,. • 8. -I - a o. t C> > i w p` C a • > N I _ c I Ejji 5.?. C -4A S : - w: C T T �• > ! � g a O S 3 0 - _ 2 P'. : f .i� .. M- N 0 y : t > > Z m > Z t! f1 S o r. 2' 5' C I 5 '=I r Z O 2. el ri. O T i n O ni N I I i I • C C o • H t I II' i I •, I I 1 i - Y = 1 i 6 '� S i I - 11 . b ..e.ri ti :-• .. - > C L.. 76 > 7 o n r '- C 7:1;I..;R> ■ r . • a PAng o m c i z N n L C ▪ G e m r T Z > 4,..4N.7= e Y n1 "' m z is p-:Yxr ze•- :..t _ 7°e FIEF! c _I ..-r„ A 2 a f = .. •£ 1.4 _ ▪ �., E-r i-E �. -•.k a _,A I ->"I , �' 0 A y o % i klill. j ...."E SI et s - ~ ' 1. ^ o p Z FS I e▪fea°[ z a= 2 's = - I -< c a. U3 _1±iw'. -L 61 - z I o > _ .. L. rn 2 j T 6Zi -. _ :a. -zi .%., 1 T m , o C w A 7 " _ 5. 5"g., gu m i x o - _ > c -. c i 8 x L °1 1 > n c rn ••n g�e�;g,o_ _ Si _ > !`l I 11• = r .. K o :1 i - Z o I 4 I I I v. _N N . N ....[ 'twa+. .1524ro .a•°[..2502 M.....2.. ..Y.m--<e....v..., I T.r I - C i• •_.T; .--,=—..... /.! 1. II i • iI i; i F 3 s i?: i`: $: I S r; °1 °I I TE r i - • " f c: e. 4' �t I t. £ : f iilia S:= V+ s { .L -.t 3.1c s f - --. •' �� - SS- 1 `=4a { ..:.-• i • I Ic - . ' :1 '-g _ _ 3.' • .• f'• 1 ..3., I • ! s • 1 i3 t z S. j. E ! _ 1! �_' i 4. % is 5 c! - In i' < • - ' II Y3. I r I :5 a a : - ti : -: - .s s , • ISdt_s '° •it •I ,t •i .• •t Si .SFS I ^ Y g._ •• 3 x_t_2! LIgi. i > I k' - "._ i • —• I s I s -IE s I { iaa { 1 I rl 111 a F g € 1`j� � ��� � �I i € ! = s T to {° Y#: s ^ I $Y� S. F.. a; F �,a;:F i� a` Y . .. Z ti — Ig •s=:3} 1 ,3. -2 sa;.' • 1z:I 27,_ ! :a to" a I '1EiSEyiii ig ,.I f!4:F' 3i r,;'t 1 I z £33 ? (n i • e 5 qcff!;S 1 i5 pp011i g i •I �! ;{ kl it g., si � ! '!El. I 0 'cccciccc_ s . 4 I! ' f2 al ¢ai ; i sxg I 7 • � i }r• E { e a: eI $, l ?is 1 'cOL� ° 1 I 1 ..—J 4i' -sI E `• > '•: }'_• e: •••I 7:•a . { 1 ,> .13 1 f . • . ai Os I _t; , � >b_� sxr • JM _ ; 1 1 , { � ; ISI ;4� Y _ I/ . [. r- ?P .7 9 oft. c B _ A t • QQ C 5 n17 mo o a? o 5 Vr ' `s1OOO ❑❑❑ 3 ° = tY 991,i-?p ❑ F_ s q p p r r i 4 -i -451O tai' ¢ 4 z Z = k R i R L Y $ A3 1 v • .•e ❑ �, 0 ° ° - ��syiO s 2 O •• 4 i ❑ 1 f g _ f'==. uv• s 1O 0 �a 2;41 1 ❑ a 3 i E ° Yp yC • 8 21 9 � f A ..,:;,..7.j:•.."--..,-_-,••7•,-..:::'7..-1 .�—w`ri�___ " ._e ..sw_.- .w1. _ _. '''..:'•:-:, .L.' _ - ,;•.:1,-;-"-..._•Y _ .._ ... p.. AFL - . ' . N '' "! CA rC= — c O_ C 0 `� L.' I V S 9 • g 3 = O • 1 O y I L 0 L o s° 3 : 3 3 o C 0,5.-.,. g.*: ^ C G : — - f i—a, g = C < 0 C . •:c o - = Lc C- • _ C _ c: Euc. t p 4 y C w I O p 0 C ,-1 - Cb C 3 a e •• Z C. a c = ti O ; v If '88 7089 MOTORCYCLES AND SNOWMOBILES 7460.5200 . •y CHAPTER 7460 •7d DEPARTMENT OF PUBLIC SAFETY .: 1: - .es STATE PATROL DIVISION -- �. . Is C'. rK'`' MOTORCYCLES AND SNOWMOBILES �- :a in-rd ..., VOTORCYCLE HEADGEAR SNOWMOBILE OPERATION C ;- - Oqp PURPOSE AND A(THORITY. 7460.5100 PURPOSE AND SCOPE. .,,,,ow MINIMUM STANDARDS FOR 7460.5200 METHOD OF OPERATION. 7 DESIGN AND CONSTRUCTION. -voi 4,#, MARKINGS AND IDENTIFICATION. C i a MOTORCYCLE HEADGEAR L: 7460.0200 PURPOSE AND AUTHORITY. . . The purpose of parts 7460.0200 to 7460.0400 is to establish minimum _ d, standards for design and construction of protective headgear to be worn byC.) . .; 1- operators and passengers of motorcycles as required by Minnesota Statutes, • • 1e section 169.974,-subdivisions 2, paragraph (d), and 4. - :e Statutory Authority: MS s 169.974 subd 4 e 7460.0300 MINIMUM STANDARDS FOR DESIGN AND CONSTRUC- :e TION. . Protective headgear required to be worn by operators or passengers of motorcycles shall be designed and constructed so as to equal or exceed the I t specifications contained in Standard No.218 of the Federal Motor Vehicle Safety s. Standards as published in Code of Federal Regulations 1980, title 49, section i 571.218. Protective headgear meeting this standard is deemed approved by the commissioner of public safety. i• . f. it Statutory Authority: MS s 169.974 subd 4 1 I 1 ---s: 7460.0400 MARKINGS AND IDENTIFICATION. `l 3 _. n Subpart 1.Markings required.The manufacturer shall mark helmets with the :•...1 V":.„:::'- standard standard to which the helmet has been tested, the trade mark or manufacturer's , i ' d name or initials, and the model designation. • ::;.-„,.•:,..` Subp. 2. Marking methods.The manufacturer shall mark the helmet shell or �, -::.1';:.... ;'rt a permanently attached part of the helmet bypermanent molding, stamping, t' . -.r' ,5 t' -;:. branding, engraving, or etching. _ 11?--.:. Statutory Authority: MS s 169.974 subd 4 ` .s • t SNOWMOBILE OPER�,TION • ;0'1...", 7460.5100 PURPOSE AND SCOPE. €., Subpart 1. Purpose. The purpose of parts 7460.5100 and 7460.5200 is to t•s:' 1 carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes, sections 84.81 to 84.89, with reference to the operation :± 1 of snowmobiles upon the streets and highways of the state of Minnesota. t:`-•'- I Subp. 2. Scope.The scope of parts 7460.5100 and 7460.5200 is intended to be confined within the framework of and consistent with Minnesota Statutes, - '3°t sections 84.81 to 84.89. J'• Statutory Authority: MS s 84.86 subd 2 . . * ' ' 7460.5200 METHOD OF OPERATION. . '�= Any snowmobile operated within the right-of-way limits of a street or high- �. _ way: A. shall be equipped with brakes adequate to control the movement of :i and to stop and to hold such vehicle under any conditions of operation; -.: ,Y H ' <: �r. ' . e • • -- Y 7460.5200 MOTORCYCLES AND SNOWMOBELES 7090 7091 B.shall,when operated adjacent to a roadway during hours of darkness, be operated only in the dire lean of travel required of vehicles upon the traffic lane nearest to the s so aimed and of C. shall be equipped with at least one headlamp sufficient intensityg to of darkneseveal sns and undervnolcles rmalat a distance of at least 100 feet • atmosphericonditions; such SC aheaddduring hours are not projected into the eyes of headlamp shall be so aimed that glaring rays • an oncoming driver; and exhibiting a red light D. shall be equipped with at least one rear lamp -4•oo:,f plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions. Statutory Authority: MS s 84.86 subd 2 7470.01;' Sub;- have ub'have the Sub; required 1. Sub:' vehicle of the re S.b- individu: II (LCR : Sub; cenifica:. substant: Stat_ 7470.02'". The display Minnesc. the effec: inspec:ic- Star_ 7470.011_ The the s schoc: . _ desie e Stara 7470.04(,.. Sub: school b_ patrol .. curve: : come- Sub- affixed • • 1/ C 84.92 DEPARTMENT OF NATURAL RESOURCES 2084 -- • ALL-TERRAIN VEHICLES .47 IT 84.92 DEFINTITONS. �4 I Subdivision 1.Scope.The definitions in this section apply to sections 84.92 to 84. 929. t Subd. la. Agricultural zone. "Agricultural zone" means the areas in Minnesota lying south and west of a Iine starting at the Minnesota-North Dakota border and = formed by rights-of-way of trunk highway No. 10.thence easterlyalong trunk highway ._ 4 No. 10 to trunk highway No. 23. thence easterly along trunk highway No. 23 to trunk . highway No. 95. thence easterly along trunk highway No. 95 to its termination at the Minnesota-Wisconsin border. a Subd. 1 b.Accompanied."Accompanied"means being subject to continuous direc- = t ;� tion or control. - •_ Subd. lc.Agricultural purpose."Agricultural purpose"means used exclusively for - I an agricultural use as defined in subdivision I d. - 4 ....1- 4: Subd. Id. Agricultural use. "Agricultural use" means use in agriculturally related R t activities or harvesting of wood for commercial or firewood purposes by any person. ` t: -_- -,• _ ... , " f: Subd. I e. City. "City"means a home rule charter or statutory city. IZ Subd. 2. Commissioner. "Commissioner" means the commissioner of natural 7_ IF resources. 1=: Subd. 3. Dealer. "Dealer" means a person engaged in the business of selling all- _ z - • ;: ' I terrain vehicles at wholesale or retail. -'� P` Subd. 4. Manufacturer. "Manufacturer" means a person engaged in the business of manufacturing all-terrain vehicles. — Subd. 5. Owner. "Owner" means a person, other than a person with a security - . • It interest, having a property interest in or title to an all-terrain vehicle and entitled to _:-••r- k 1 the use and possession of the vehicle. Subd. 6. Person. "Person" means an individual or an organization as defined in 4 . section 336.1-201, paragraph (30). ^~: •- Subd. 6a. Public road right-of-way. "Public road right-of-way" means the entire =A ` . :. . : [ right-of-way of a public road,including the traveled portions,banks.ditches,shoulders, -a..: s and medians of a roadway, that is not privately owned. r. :- Subd. 7. Register."Register"means the act of assigning a registration number to "� an all-terrain vehicle. • I Subd. 8.All-terrain vehicle."All-terrain vehicle" or"vehicle"means a motorized _; •'� a flotation-tired vehicle of not less than three low pressure tires, but not more than six v tires,that is limited in engine displacement of less than 800 cubic centimeters and total - • • t dry weight less than 600 pounds. s,. s; History: 1984 c 647 s 1; 1986 c 452 s 1; 1989 c 331 s 3-8; 1990 c 426 art 2 s 1 84.922 REGISTRATION. _' �; I Subdivision 1.General requirements.Unless exempted in subdivision la.a person i ,, • may not operate and an owner may not give permission for another to operate an all- :'.=- terrain vehicle within the state unless the vehicle has been registered with the commis- :z - , ff ., sioner of natural resources. or is exempt from registration. ,�. I t ;• Subd. la. Exemptions.All-terrain vehicles exempt from registration are: . (1) vehicles owned and used by the United States, the state, another state, or a _Y ri political subdivision; -t (2) vehicles registered in another state or country that have not been in this state ... for more than 30 consecutive days;and (3) vehicles used exclusively in organized track racing events. .' Subd. 2. Application, issuance, reports. Application for registration or continued _t�` . . ., 3 registration shall be made to the commissioner of natural resources,the commissioner :-.r- 1-. _= r 7; �� _ ,Z7-'7".:....,:.--7:17--- ;:s734.a...,.-'_...�X' . �..e _t x� +'�C-s.---7,-;:-':,-iv-..-.. ..,. ._�.«-�u .r'="..i.,-,...4,-...... ?='�' --w.... ...y:.-..••=1:.,-.---i•••-:,--.• ,.:j-v.... _-.......:.f •,a�;_:_r„�_'." '.-',:.&t , !•cu'r's..-,-..;o-• --T-,'"'t.-+-- .."a•-r+r.+r-^.--•-1^-7"._.. "-.+.---•-..-,..+--r+... i•.V�f. --•w ....,. • _.a>.• Ai.e- --t4. 1-1:,-,....-.=• . rvs,.•1� ►s. ;ytirxx�'_... -:.a ..�er•T••� '•± •--!_r-_7=7:77 . _,, , i'cy 2084 2085 DEPARTMENT OF NATURAL RESOURCES 84.922 .. of public safety or an authorized deputy registrar of motor vehicles on a form pre- • •=;. scribed by the commissioner.The form must state the name and address of every owner • ``s of the vehicle and be signed by at least one owner.Upon receipt of the application and i 1 — , .' 84 .,,.: _7. the appropriate fee the commissioner shall register the vehicle and assign a registration :�r number that must be affixed to the vehicle in a manner prescribed by the commissioner. The commissioner shall use the snowmobile registration system to register vehicles sots -.. : T i I and.�.;: under this section.Each deputy registrar of motor vehicles acting under section 168.33. tway is also a deputy registrar of vehicles. The commissioner of natural resources in agree- a # " -unk ment with the commissioner of public safety may prescribe the accounting and proce- the =,: dural requirements necessary to assure efficient handling of registrations and ,j ; �_ registration fees.Deputy registrars shall strictly comply with the accounting and proce- ▪ z:. dural requirements. A fee of 50 cents in addition to other fees prescribed by law shall :rec- be charged for each vehicle re istered by a de uty re strar. and shall be de osited in 1 T; - the treasury of the jurisdiction where the deputy is appointed, or retained if the deputy .; i4 - for _'` -o is not a public official. i• .i } •-..,..y...-.a .. Subd. 2a.Private use registration.All-terrain vehicles may be registered for private t 1 • ▪ted =e�;y_•4. use that are used exclusively for private or agricultural use or used exclusively on pri- ;,1 :I son. _''•i" vale property.Private use registration is vaiid from the date of issuance until ownership +; , - of the all-terrain vehicle is transferred. Private or agricultural use registrations are not ll ural '.:tom ` transferable. Subd. 3.Registration card.The commissioner shall provide to the registrant a reg- ri • ' all- .�,.,:._" - istration card that includes the registration number,the date of registration. the make Ili _ ., ti-. and serial number of the vehicle,the owner's name and address. and additional infor- .:i7 J=' • . mation the commissioner may require. Information concerning each registration shall :esu be retained by the commissioner.Upon a satisfactory showing that the registration card '' has been lost or destroyed the commissioner shall issue a replacement registration card .'i ^ty -. . upon payment of a fee of S4. The fees collected from replacement registration cards ▪ to .„-- - shall be deposited in the all-terrain vehicle account in the natural resources fund. • ,, — Subd. 4.Report of transfers.A person who sells or transfers ownership of a vehicle .- in _ registered under this section shall report the sale or transfer to the commissioner within •=I 15 days of the date of transfer.An application for transfer must be executed by the regis- '`i Lire -:- tered owner and the purchaser on a form prescribed by the commissioner with the Nrs, • = owner's registration certificate, a bill of sale and a $4 fee. -•' 5,•a Subd. 5. Fees for registration. (a) The fee for a three-year registration of an all- `1 E to -,: . terrain vehicle under this section. other than those registered by a dealer or manufac- ii -- =`_ turer under paragraph (b) or(c). is: iiF; _ zed ...;.f.---T•'41-•7 .-- ..#, six ,,,----: -_ (1) for public use. $18: 'l )tal :- -_ (2) for private use. $6: and 1`-. ` (3) for a duplicate or transfer. 54. . • _. (b) The total registration fee for all-terrain vehicles owned by a dealer and oper- • '1 Y - ated for demonstration or testing purposes is S50 per year. Dealer registrations are not 1 transferable. 1` ;on "' - . (c) The total registration fee for all-terrain vehicles owned by a manufacturer and all- -__ ._: = operated for research,testing,experimentation.or demonstration purposes is$150 per .is- •- Year. Manufacturer registrations are not transferable. .: w (d) The fees collected under this subdivision must be credited to the all-terrain i.;y'4 - vehicle account. ;,i'{ . -a • ;- <-, ` Subd. 6. Renewal. Every owner of an all-terrain vehicle must renew registration J•, ..a`,.;: in a manner prescribed by the commissioner upon payment of the registration fees in "i-i.g ate - subdivision 5. 3 Subd. 1. Vehicles owned by state or political subdivision. A registration number ' <i -x= must be issued without the payment of a fee for all-terrain vehicles owned by the state i' Ora political subdivision upon application. 1 ''-.i Y _ Subd. 8. [Repealed. 1989 c 331 s 26] 1 V. 1.;:et,. ,r �,,_ _ ,.. �+ // s I ' 84.922 DEPARTMENT OF NATURAL RESOURCES 2086 20 -i • . Subd. 9. Licensing by political subdivisions. No political subdivision of this state shall require licensing or registration of all-terrain vehicles covered by sections 84.92 = or ° to 84.929. Y '! Subd. 10. Registration by minors prohibited. No person under the age of 18 may - `--- i register an all-terrain vehicle. _ . t r1 - �• c2 �: 335 art 1984 c 64; s 1986 c 4_ s: 9; 1989 c 331 s 9-1_ 1989 c 33., art 4 s 18 -t--�, `• ,i 84.923 REQUIREMENTS OF MAKERS OF THREE-WHEEL OFF-ROAD VEHI- au CLES. ter - Subdivision 1. Identification number.All vehicles made after January 1. 1985.anden -. sold in the state. must have manufacturer's permanent identification number stamped �~x~•_ SPS `, i in letters and numbers on the vehicle in the form and at a location prescribed by the $ commissioner. a� Subd. 2.Registration number.All vehicles made after January 1. 1985 and sold in 84. f the state, must be designed and made to provide an area to affix the registration num- • ber.This area shall be at a location and of dimensions prescribed by the commissioner. lic History: 1984 c 647 s 3 - by .i " put 84.924 RULEMAKING; ACCIDENT REPORT. ;. Subdivision 1.Commissioner of natural resources.With a view of achieving proper use of all-terrain vehicles consistent with protection of the environment.the commis- `' stoner of natural resources shall adopt rules under chapter 14 relating to: 2.. ••• i . (1) registration of all-terrain vehicles and display of registration numbers; £f. ' Ir (2) use of all-terrain vehicles insofar as game and fish resources are affected; = _ of a i. L ii (3) use of all-terrain vehicles on public lands and waters under the jurisdiction of - of a =1 the commissioner of natural resources; oni; _.j (4) uniform signs to be used by the state.counties.and cities necessary or desirable co._. s •;� to control, direct, or regulate the operation and use of all-terrain vehicles; and 01 i' : .I;- (5) specifications relating to all-terrain vehicle mufflers. - * �` `= Subd. 2. Commissioner of public safety. The commissioner of public safety may 'y " ve - �, ' I; 'air:"- . .. • capes 1. •;. ,; adopt rules under chapter 14 regulating the use of all-terrain vehicles on streets and --- highways. - I. al's-t: "_ Subd. 3.Accident report requirement and form.The operator and an officer inves• N,ea_ -= t g .H. tigating an accident of an all-terrain vehicle involved in an accident resulting in iniury `_ lj=. requiring medical attention or hospitalization to or death of a person or total damage, 15 to an extent of 5300 or more shall within ten days forward a written report of the acci- _ in 1I. dent to the commissioner of natural resources on a form prescribed by either the corn- f-: missioner of natural resources or by the commissioner of public safety. - - --_- age- +,. - 84.5: .. , History: 1986 c 45?s 10; 1989 c 331 s 13 are- all-t: 4 _ � 1_ i' 84.925 EDUCATION AND TRAINING PROGRAM. dere- I. - son` Subdivision 1. Program established. The commissioner shall establish a compre- hensive ofP` all-terrain vehicle environmental and safety education and training program. OT pu `� i If including the preparation and dissemination of vehicle information and safety advice _ t F to the public,the training of all-terrain vehicle operators.and the issuance of all-te-;am - ' • r it; '" I �; vehicle safety certificates to vehicle operators over the age of 12 yeas who successfully :.,Q„- - �1 complete the all-terrain vehicle environmental and safety education and training _ �'9- course. For the purpose of administering the program and to defray a portion of the .. SIO ' • ;: r expenses of training and certifying vehicle operators, the commissioner shall collect a ,..""' allow I„: fee of not to exceed 55 from each person who receives the training and shall deposit _ .-7_ "' the fee in the all-terrain vehicle account.The commissioner shall cooperate with prr\ate times ,!, .'tea. - is 1 1 organizations and associations,private and public corporations.and local governmen• ; _ - F ;•:: tal units in furtherance of the program established unser this section. The commis- -' .--"..:,i:T••,•<., sioner shall consult with the commissioner of public safety_ in regard to training r _ "i4-';':".!:-..:-.- :-]S]- v--trs .a.e,i4r-. Vii: Z.•f :lits..Y.;"f= 7�J.t t.•` �` = E "' y. .L-,,, -,:u-__-.........„,„.. ` - �'..t-- I-.4 ara'r`_ .'+�.? ` .+ Y;.iP -T_7-- 1 ."-�a'•`]__-.--,. '-...., -�.____ '. :; -^-:-.^_�"'_ ----- t.,-,;....`,.. ., . iiia =::...K-. c t t.�.,.....•� A+-w•�. +,.,•t u b _ _ 1. s x�- • ... y ;V"'r::Q Nr. tV. ! ,1_`. 7,-- .-W .a tea .•_ •',t �,�,�� ��^'� f+R -,, `� iqr -,:a`..._M. Vi{ +�-�-3-�•� ��E ` G'� `L�"'c•�•.'','rt ,-`,��-1:�..��" y,'.�.s"� '�: -':t'tr�.l ' �,*.-- '5 ice • - ...`•-- ."•.ice " T�^'.. 'yP. L.�•.-.1. -- _ ♦. -�}� •Y 4-.'!1£'" �i•r�7 w-..-'• L .sc- tc•c •.tea �.o:..... `.r-w..•.. :.a...a+q .... -:-' .�.,.�,.;--"asst '1a`�f..�4%'��' '►�.:�w��"y-- +ti�..-5 - - - • • ..* •a.-..,.•wr{::- < »•++::...' rim r..yi.,.+e-.-= 1- w+i.+u�..= // .,1 -.7:.. ..,._ 84.927 DEPARTMENT OF NATURAL RESOURCES 2085 2089 84.927 REGISTRATION FEES; UNREFUNDED GASOLINE TAX; ALLOCA- .;.- it TION. is pa '• _ 9 Subdivision 1. Registration revenue.Fees from the registration of all-terrain vehi- insid cies and the unrefunded gasoline tax attributable to all-terrain vehicle use under section - .. obstr 296.16 shall be deposited in the state treasury and credited to the all-terrain vehicle L � terra' • -• it account in the natural resources fund. ,.• is m� `i Subd. 2. Purposes. Subject to appropriation by the legislature. money in the all- •-r. _ undu -l1 terrain vehicle account may only be spent for: - I, (1) the education and training program under section 84.925: unles - ;• (2) administration and implementation of sections 84.92 to 84.929 and Laws mum .: 1984. chapter 647. sections 9 and 10; form' b•' subic (3) acquisition, maintenance, and development of vehicle trails and use areas: ---; _ _ (4) grant-in-aid programs to counties and municipalities to construct and main- ,, '• • i ; r. tain all-terrain vehicle trails and use areas; and -4*- than , : ii (5) grants-in-aid to local safety programs. — ., at " ; '1! The distribution of funds made available through grant-in-aid programs must be ;- guided by the statewide comprehensive outdoor recreation plan. l i = �_ - - high History: 1984 c 647 s 6; 1986 c 452 s 14; 1989 c 335 art 4 s 19 "°" . pro'i -ii 84.928 OPERATION REQUIREMENTS; LOCAL REGULATION. l i eaurF Subdivision 1.Operation on roads and rights-of-way.(a)A person shall not operate w' an all-terrain vehicle along or on the roadway, shoulder, or inside bank or slope of a -... !i public road right-of-way other than in the ditch or the outside bank or slope of a trunk. -...-`- a put county state-aid. or county highway in this state unless otherwise allowed in sections _ , cAmr IL," 84.92 to 84.929. =s'_- ( j' !3. (b) A person may operate an all-terrain vehicle registered for private use and used "`` desig: I , {� for agricultural purposes on a public road right-of-way of a trunk. county state-aid, or yam- estabi ;; county highway in this state if the all-terrain vehicle is operated on the extreme right- .�== renal • • -;i- hand side of the mad.and left turns may be made from any pan of the road if it is safe = S *. to do so under the prevailing conditions. vehic - - r'l!• (c) A person shall not operate an all-terrain vehicle within the public road right-of- w: gill• way of a trunk.county state-aid.or county highway from April 1 to August 1 in the agri- `-- - s _ toms,. 15 cultural zone unless the vehicle is being used exclusively as transportation to and from - work on agricultural lands.ic, gri -_ - or dar €';: (d) A person shall not operate an all-terrain vehicle within the public road right-of- I way of a trunk,county state-aid.or county highway between the hours of one-half hour (' �� P •. with : != after sunset to one-half hour before sunrise. except on the right-hand side of the right- , 1. of-way and in the same direction as the highway traffic on the nearest lane of the adja- V.: (' t 11' cent roadway. • ;, -..: (' t (e) A person shall not operate an all-terrain vehicle at am time within the right-oi _ stock: way of an interstate highway or freeway within this state. • E Subd. la. Crossings of a public road right-of-wad. (a) An a11-terrain vehicle may (- i 1 make a direct crossing of a public road right-of-way provided: ; ,t- (; (1) the crossing is made at an angle of approximately 90 degrees to the direction i_- : - withir of the road and at a place where no obstruction prevents a quick and safe crossing; r.a. '-shelte- S. �.: (2) the vehicle is brought to a complete stop before crossing the shoulder or main (� i II: traveled way of the road; S I . (3) the driver yields the right-of way to all oncoming traffic that constitutes an .>, - ��� r • r immediate hazard; ••,. the ic: ""- • • t (4) in crossing a divided road, the crossing is made only at an intersection of the _ troller •: road with another public road; and = 3 E 1: (5) if the crossing is made between the hours of one-half hour after sunset to one- - = actino l half hour before sunrise or in conditions of reduced visibility, only if both front and �' opera: rear lights are on. S I' ~S�" -� ...--•.iia-+�±e-'.-•s. 1 ..,y G--; a`Z`....•iY.2.I^ 4,-O , �• _. `T"kk 1sr' ..�: t ,,- ---t--.44:•:-.7:—.t ,:....%....,.e ,-R rte`..r'-`--s 'fir .� "' i mar.-. a.. s.f; p- -4.....',:l ':.--",.:`,4;•-••-,,,,...,,,,,, - .,...4.,;,. 6te...-J: i `r.-y _�r y� _.-�.. ... ._. c..�a>c....<_....... _�-r..�..._._._ . .._..r.l.vie-...- -...._-.._ _ .. ..- _....-..r.•<_•---. -._.�.��.. .. -�.-...-...�...-.-- • -.,,....r.,.. .a _ r !. Jii:t'e. 3s7.h .-"-: _ n.-V go'�:ir' 4►„yt•---.7-I i ?.... -_f _'.v.,, ,--..—.. .o..r_' ..x • - ' ,- / / 2088 ' _ 2089 DEPARTMENT OF NATURAL RESOURCES 84.928 . • OCA- < - _ _ (b) An all-terrain vehicle may be operated upon a bridge.other than a bridge that 1 . > nY'- is part of the main traveled lanes of an interstate highway, or roadway shoulder or vehi� ......'.:,t -,y. Yinside bank of a public road right-of-way when required for the purpose of avoiding ection -s obstructions to travel when no other method of avoidance is 1 ehicle•'• •.`'. r possible;provided the all- -_••. terrain vehicle is operated in the extreme right-hand lane, the entrance to the roadway .•. is made within 100 feet of the bridge or obstacle, and the crossing is made without e all- `.`;;. . -_ undue delay. t • (c) A person shall not operate an all-terrain vehicle upon a public street or highway 1 - -.; %._ unless the vehicle is equipped with at least one headlight and one taillight,each of mini- Laws'� -/s mum candlepower as prescribed by rules of the commissioner, and with brakes con- • >. forming to standards prescribed by rule of the commissioner, and all of which are 3 -as; k:, 4,-; subject to the approval of the commissioner of public safety. i : ' !, . main- : a<. , (d) An all-terrain vehicle may be operated upon a public road right-of-way other than as provided by paragraphemergencyduring periodi'' `•- (b)in an the of time when and r .'''1" -: at locations where the condition of the roadway renders travel by automobile impracti- 1 ` at 1‘e ? cal. (e) Chapter 169 applies to the operation of all-terrain vehicles upon streets and " highways,except for those provisions relating to required equipment and except those -i.° __= provisions which by their nature have no application. 1 - 40 (f) A sled, trailer, or other device being towed by an all-terrain vehicle must be equipped with reflective materials as required by rule of the commissioner. erste -.. `° ofa • =� .. . _ :. (g) A driver's license is not required to operate an all-terrain vehicle along or on -unk, --,.••,-• - - a public road right-of-way if the right-of-way encompasses a trail administered by the :ions .-;::_i. •,-:aF •-_ commissioner and designated for all-terrain vehicle use or multiple use. _ (h) A road authority as defined in section 160.02, subdivision 9. may by permit used ' - designate corridor access trails on public road rights-of-way for purposes of accessing = 3 :d,or :. - established all-terrain vehicle trails.A driver's license is not required to operate an all- ' ir right- •;* -- terrain vehicle on a designated corridor access trail. is' 'safe _:--:.r7';`..; �. Subd. 2. Operation generally. A person may not drive or operate an all-terrain 'F• . . • vehicle: 'r• a-of- _. . . _ - • _�. • (1) at a rate of speed greater than reasonable or proper under the surrounding cir- cumstances: _ # -d,_ _ .1::. ". (2) in a careless,reckless.or negligent manner so as to endanger or to cause injury '' xr or damage to the person or property of another: 2 11' hour (3) without headlight and taillight lighted at all times if the vehicle is equipped a' • :ght- • . with headlight and taillight: .tdja- .-141•4: ~ (4) without a functioning stoplight if so equipped: b ' -• _ (5) in a tree nursery or planting in a manner that damages or destroys growing t, .t-of- -.'-:-.-.-4 stock: ' (6) without a brake operational by either hand or foot; : :,. may (7) with more persons on the vehicle than it was designed for, E (8) at a speed exceeding ten miles per hour on the frozen surface of public waters -• _tion -_--.• - within 100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing hg . ' - _ shelter: or _ _ (9) in a manner that violates operation rules adopted by the commissioner. - Subd. 3. Operating under influence of alcohol or controlled substance. A person v s an T - --.-...4.• may not operate or be in control of an all-terrain vehicle anywhere in this state or on e" -_ the ice of any boundary water of this state while under the influence of alcohol or a con- : i -the _- trolled substance, as provided in section 84.91 and is subject to section 84.911. t s • • Subd. 4. Operation prohibited on airports. Except for employees and agents while if j.j. ane- �;; _�: acting incident to the operation of the airport, it is unlawful for a person to drive or 'I t. and ' --i.,-- operate an all-terrain vehicle on an airport defined in section 360.013. subdivision 5. ' = Subd. 5.Organized contests,use of highways and public lands and waters.Nothing r ` / . ' 84.928 DEPARTMENT OF NATURAL RESOURCES 2090 i) -a. i 'i in this section or chapter 169 prohibits the use of all-terrain vehicles within the right-of- '_ way of a state trunk or county state-aid highway or upon public lands or waters under ;; the jurisdiction of the commissioner of natural resources, in an organized contest or 4. • i '; event, subject to the consent of the official or board having jurisdiction over the high- 1 way or public lands or waters. s' t:: 1 In permitting the contest or event.the official or board having jurisdiction may pre- —_ scribe restrictions or conditions as they may deem advisable. Subd. 6. Regulations by political subdivisions.(a) Notwithstanding any law to the - -: - contrary. a city or town. acting through its governing body. may by resolution or ordi- nance prohibit the operation of all-terrain vehicles on city streets or town roads in its — 1 jurisdiction provided the regulations are otherwise consistent with sections 84.92 to 84. ":_ 929. -. - ,;1., (b) A county or city•ora town acting by its town board.may regulate the operation •74-: • - :• of all-terrain vehicles on public lands. Waters-and property under its junsaiction other -_ R than public road rights-of-way within its boundaries. by resolution or ordinance of the • _ _ governing body and by giving appropriate notice, provided: _ r (1) the regulations must be consistent with sections 84.92 to 84.929 and rules _M-- adopted under section 84.924; { 2 (2) an ordinance may not impose a fee for the use of public land or water under _-4,... I. the jurisdiction of either the department of natural resources or other agency of the _ :r•, ; ;I e;` state. or for the use of an access to it owned by the state or a county or a city: and • - . i• ;_ (3) an ordinance may not require an all-terrain vehicle operator to possess a motor - G;= vehicle driver's license while operating an all-terrain vehicle. > t- _i • air (c) Notwithstanding any lav to the contrary, a county board by ordinance may - -•-t -- I: allow operation or all-terrain vehicles on the road right-of-way shoulder• or inside ,•- - 3, .. the r .,: ,= bank or slope of a county highway or county state-aid 'Highway, if: - y` 1. (1) the higitwayis in the agricultural zone: or y' (2) safe operation in the ditch or outside slope is impossible.and the county posts -*' the appropriate notice. Subd. 7. [Repealed. 1989 c 331 s 26] ; History: 1984 c 64's 7; 1986 c 452 s 15; 198"c 149 ar: 2 s 2; 1987 c 368 s 5; 1989 Airt c 331 s 17-193:. = '`; ti; 1711' 84.929 PENALTIES. ::: _' R}f' Any person who violates any provision of sections 84.92_ to 84.928 or rules of the 411: i: is guilty of a misdemeanor. ' _ � : History: 1984 c 64"s 8,' 1989 c 331 s?0 mr . i ti, 84.94 AGGREGATE PLANNING AND PROTECTION. _.: .. . i.: : Subdivision 1. Purpose.It is the purpose of this act to protect aggregate resources: i. to promote orderly and environmentally sound aeveiopmen:: to spread the burden of development:and to introduce aggregate resource protection into local comprehensive t' ` planning and lana use controls. 1 1, -;i- Subd. _.Definition.For the purpose of this ac:."municipality-means a home rule :- • i= charter or statutory city. or a town. _ `°<' - t. €- Subd_ 3. Identification and classification. The department of natural resources, " i) T i iL • with the cooperation of the state geological survey.departments of transportation.and -. F • energy,planning and development outside of the metropolitan area as defined in sec- . -:• vfx - � • tion 473.121,shall conduct a program of identification and classification of potentially --'_ , .• _ - ;' j . valuable publicly or privately owned aggregate lands located outside of urban or devel- i, it : oped areas where aggregate mining is restricted. without consideration of their present .4 v- ` I. 1 - ' land use.The program shall give priority to iaentincation and classification in areas of •-K-� . T - the state where urbanization or other factors are or may be resulting in a loss of aggre- :� �' • t; gate resources to development. Lancs shall be classified as: 'r e-`- „---- ` - - ws ' `• iLiii :" - - 7....10,;..v. • '• .•..mo•- •• • - 4 -•Z • • -'W • rrsFiA - • � '.fMs.�.y.�•.l�� =ST`�?T�6Lkf:riD . � - e- , r*4• • :v;.' - !77._„a4;-v • ..�: -x ` rq ",'-.324%...�'e� ' 'A•". .. a as - 1 `2..s• .. 5 �7�. .-4 )ter-. <<+ : � f r1<�- vs,:. s L ? � _� • y �.1 �,_ � yy. y - e ;fi•y., rs. .�ld1Si J[� .+► - - "fa� s.J�'•wy-- "•Z +ya .-.� , c.r - T - -Y..rTr+Y`�'.i'�s!'u T� ��+..+wR T-^'efle-►wP'r'r��" _.^v..� .�1.-.vii.. ...�-.�� :` --rte-`_ •.��_<�e+.-�-.pie � . _. ��_.+r�-•:, . . _. _ _ ♦•;t-�l+�+!+!.►�+-.r•+.rw.._ �� `.z_.r- l ' 84.65 DEPARTMENT OF NATURAL RESOURCES • I 2074 "" '' ^S : 1 . ll i Subd. 4. This section shall not be construed to imply that any restriction, ease- -- , - y registrars_ ! . ment, covenant or condition which does not have the benefit of this section shall, on # "' account of any provision hereof, be unenforceable. Nothing in this section or sectionfee of 50 cc: 1 + re 84.64 shall diminish the powers granted by law to the commissioner of natural .1..--.„,: h besndis of I HI resources or to any other state agency or political subdivision to acquire by purchase, =r ti - �spo: ,•Il gift, eminent domain or otherwise and to use land for public purposes. Subd. 3, 1 . other than thos- I 1 it History: 1974 c 531 s 2; 197.5 c 163 s 2,3; 1976 c 181 s 2; 1979 c 159 s 2 _ .v` .be 8s follows: c 1 t ! !a.. I 'n' SNOWMOBILES -':". .. �) The to:: . -- = - "for dem onstra1 84.81 DElZ'\TTIONS. .."M".4),..1'<y (c) The to:� •, operated for re5. : ,41• Subdivision 1. For the purposes of Laws 1967, chapter 876 the terms defined : „‘ii. herein shall have the meaning ascribed to them. = x 44IISO per year. 4; Subd. _'. "Person" includes an individual p corporation, -_.. Subd. 4. cc partnershi co oration, the state and �rtttner as the cc s,.. its agencies and subdivisions, and any body of persons. whether incorporated or not. • �. i''iecs provided ir, ! is: Subd. 3."Snowmobile"means a self-propelled vehicle designed for travel on snow _ =. s_;„_:,a_ Subd, 5_Snc or ice steered by skis or runners. 1.71 �' . .bcr shall be issue iiSubd. 4_ "Owner" means a person, other than a hen holder, having the property A". '=s Minnesota or i in or title to 2 snowmobile entitled to the use or possession thereof. � -•' •Subd. 6.Exe Ftr': Subd, 5,"Operate"means to ride in or on and control the operation of a snowmo. - =b-_-• described snowy:-. 1x' bile. _ -r . (a) Snowme ' Subd. 6."Operator"means every person who operates or is in actual physical con- *: : :. .. vision' there °a trol of a snowmobile. . -,s.T Ir.' "-.: (b) Snovymo: I .;.IV Subd. 7."Register"means the act of assigning a registration number to a snowmo. -"?' .- ems-*-._: >�within this s I - �`j�' bile. _ �� ::=. _. '=:: -� (c) SnowmoD r + Subd. 8_ "Commissioner" means the commissioner of natural resources acting =:R.I-`t within this s j 1.i: directly or through the commissioners authorized agent. _ --•-c. i Subd. 9."Roadway"means thatportion of a hiimproved, g 1 , -=r (d) Snowmoh •i§... highway designed.or ordi• � :: -. ,e. narily used for vehicular travel. - . . (e) SnowTrtoS `�. Subd. 10. "Dealer" means a Subd. 7. The a 7 lit. person, partnership, or corporation engaged in the :y- 'estate snowutoc ' * business of selling snowmobiles at wholesale or retail. .fir�.'.� , ? Ac=•:Atm Minnesota f 1 Subd. 11. "Manufacturer" means a erson • person, partnership, or corporation engaged -.,i, -'' .:,2--- ' d group o- in the business of manufacturing snowmobiles. i r F-':Subd. 8_ Regi s :, History.:1967 c 876 s 3;1969 c 695 s 1,2;1969c 1129 art 10 s 2;1971 c 577 s 1:1986 ...14::.1... years may rep; c 444 '- ` Subd. 9. [Rey: 84.82 SNOWMOBILE REGISTRATION. ...:.;;,r, •:-.4,-,7". " History: 196- : i ,. : ` it Subdivision 1. [Repealed, 1984 c 654 art 2 s 155] '-'iia ...,;,-.A:-.1.-;,,..-„;„....-�';'�'-s2-5;Ex19-, a n' ==:F. _'"",',. I , 31,2,•1986 c 4 4 Subd. la_General requirements.A person may not operate or transport a snowmo- :. ( ' bile unless the snowmobile has been registered under this section. A person may not . •:-.,f-` . : sell a snowmobile without furnishingthe buyer a bill of sale on a formprescribed , ''' Rvision I r_Subdivision I. the commissioner. Sear the mak-. Subd. 2_ Application, issuance, reports.Application for registration or reregistrs--M•' '?':it is the form an tion shall be made to the commissioner of natural resources, or the commissioner d.:`' _• '-'= � public safety or an authorized deputy registrar of motor vehicles in such form as tht.'`;•- . ::�:''.'"s 2 s^ t-• t commissioner of public safety shall prescribe,and shall state the name and address ofof .•__ w and mac every owner of the snowmobile and be signed by at least one owner. Upon receipt of ri- t be at a lu 1` the application and the appropriate fee as hereinafter provided,such snowmobile shat: '.•:;5',_,-...-v'ry: 1971 ? be registered and a registration number assigned which shall be affixed to the snow T - --- s_ - r bile in such manner as the commissioner of natural resources shall prescribe.Each dep•.- . :.`="; -DLSPOSTt1t uty registrar of motor vehicles acting pursuant to section 168.33, shall also be a deputr7 .'=%t»=' ;:o--•bdil,ision 1, t 1. registrar of snowmobiles.The commissioner of natural resources in agreement with the .4:-.1 •t-.-:;;iti M snowmobile . commissioner of public safety mai prescribe the accounting and procedural regwrt-�.. 4-: °' - • ments necessary to assure efficient handling of registrations and registration fees. Ikp. -•;f .. ` 2' nref E.;E;; g €i g _: ,R� =ad the unrefL . ,.- i -Ratm .Y:. �i..i..gn —► .71...'^ � �l..f -. -....i,--.,22 4 . S�^si1anr •ir.v.....' . 1 . ....dNe.:- iti..--YS:-rl-?..'lM-.-Yw• 4 •--..--___-.„.„7.4'...."..::,-;;;::- - _. Wi-r-`. - -r-'w+ :s- -• -+:. . . __ ..•- -' yy:.. L, .., - -... . - 7:"'-;: "..."':- : . .-7::: 7...-.,._=-l..rs-- • -_ _ -a a- •- 1 •• 73 DEPARTMENT OF NATURai.RESOURCES 84.83 • t. :riction,= • sty registrars shall strictly comply with these accounting and procedural requirements. .i r :tion shall; ;- A fee of 50 cents in addition to that otherwise prescribed by law shall be charged for ? • :on or secti• :-ah snowmobile registered by the registrar or a deputy registrar. The additional fee i. �r of na L;.-%;,•: ,,,y,--shall be disposed of in the manner provided in section 168.33. subdivision 2. by purch --=' Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile .• . .' • .--•other than those registered by a dealer or manufacturer pursuant to clause(b)or(c)shall 't - - •'s 2 `.' :- be as follows: S18 for three Years and S. for a duplicate or transfer. '�; ;_ Y ;' (b) The total registration fee for all snowmobiles owned by a dealer and operated , ;a "u<•.. -`^ for demonstration or testing purposes shall be $50 per year. k ) • •'t ''": �. �� (c) The total registration �, .. . � A.,.-•- - A. fee for all snowmobiles owned by a manufacturer and :, =-: operated for research, testing, experimentation, or demonstration purposes shall be r =rms defiii-• `.=r - ' S150 per year. Dealer and manufacturer registrations are not transferable. ` 7r r,.24::: `,t,�_ Subd. 4.Renewal.Every owner of a snowmobile shall renew its registration in such f ; :he state • ••&•-•=1.4';'7-.8 -.- manner as the commissioner shall prescribe, upon payment of the same registration ; .:_ rated or n• • -.,,,_•:.:_ fees provided in subdivision 3 hereof. ' 1.' ' Ivel on snoxr: yam; '^: Subd. 5. Snowmobiles owned by state or political subdivision.A registration num- :i .- • ' . ':!''',7:,.• .- be shall be issued without the payment of a fee for snowmobiles owned b}• the state ! 4,-.!/.' - the prope_ -.•••••�.-,. of Minnesota or a political subdivision thereof upon application therefor. ,p =rt=_ --. -,PR:-;- -• Subd. 6.Exemptions.No registration hereunder shall be required for the following - s;'• --L:.}_: - • :: gi z.�:.r::.r_.. f a snowmodescribed snowmobiles: t -0.1...-...'. ?,, (a) Snowmobiles owned and used by the United States,another state•ora political .. ` ,, 1 ,�=•� ,.......7.,- subdivision thereof. :. i,.r,k,�; • (b) Snowmobiles registered in a country other than the United States temporarily `1 �r, a;=.r= 1 1/ : _ 84.83 DEPARTMENT OF NATURAL RESOURCES • _ - 2076 .72077 tion 296.16 shall be deposited in the state treasury and credited to the snowmobile trails = :_'- 0is and enforcement account. I. a Subd. 3. Purposes for the account.The money deposited in the account and inter- est earned on that money may be expended only as appropriated b� law for the follow_ to ar, trig purposes: - • ,•4_ :: to the . i' (1) For agrant-in-aid program to counties and municipalities for construction and Su- :<3 maintenance of snowmobile trails: A:�c . '_ with ir. (2) For acquisition,development,and maintenance of state recreational snowmo- '``fr • .. and hi; bile trails; _ HI t • (3) For snowmobile safety programs: and c 491 s . 74. -- c 248 s (4) For the administration and enforcement of sections 84.81 to 84.90. "`` History: 1967c876s5; 1969c399s1; 1969c695s5; 198?c580s3; 198'c404 '"•` Y 84.87 't s 97; 1989 c 335 art 4 s 17 11 -4-z,: snowrn 84.84 TRANSFER OR TERMINATIO\ OF SNO%% MOBILE O%\NERSHIP. - * state a;. k Within 15 days after the transfer of ownership. or any part thereof other than a _ �Phx'c , ; : security interest,or the destruction o-abandonment of any snowmobile,written notice rte- in sec:! "". 4 ; : thereof shall be given to.the commissioner in such form as the commissioner shall -_ W2% 0 scribe. Every owner or part owner of a snowmobile shall, upon failure to give such ' hour a: : .r notice, be subject to the penalties imposed by Laws 1967, chapter 876. . right-o" -`.;k History: 1967 c 876 s 6; 1986 c 444 = roadwa nght-o ,{ - ' F x 84.85 LICENSING BY POLITICAL SUBDIVISIONS. - (b ��`.. " No political subdivision of this state shall require licensing or registration of snow- _ of the c '!-.";._ :'_s ,•� mobiles covered by the provisions of Laws 1967, chapter 876. (1 History: 1967 c876s i "' oftheh-_ •.., --�' and c `' `.» 84.86 RULES. ` (') t;' : !I Subdivision 1. With a view of achieving maximum use of snowmobiles consistent '_' ' matn tr. :f ? _ ;; with protection of the environment the commissioner of natural resources shall ado 'T`` (') f rules in the manner provided by chapter 14, for the following '. _ . f • Purposes: ' ' (4) :' _,; (1) Registration of snowmobiles and display of registration numbers. ti: (2) Use of snowmobiles insofar as game and fish resources are affected. --f-,-.• - � - such hic- ` (3) Use of snowmobiles on public lands and waters under the jurisdiction of the (5) - i .. commissioner of natural resources. -- .. '• half hot. � ; �----�.__.. 1G, (4) Uniform signs to be used by the state,counties,and cities,which are necessary -_ f mar hgh or desirable to control, direct, or regulate the operation and use of snowmobiles. .-,. (61 ` y 1 (5) r -`_ ;:; �.. - of the ma elating to snowmobile mufflers. _ i_,..0;.7-; �,,- avoidinf c .,:•_-,• .. r (6) A comprehensive snowmobile information and safety education and training - -'_77 vided the ii. program, including but not Lmited to the preparation and dissemination of snowmo- ...-=..74A.,-,-;,:-•!•,:--, roadway::bile information and safety advice to the public,the training of snowmobile operators, -_ and the issuance of snowmobile safety cerificates to snowmobile operators who suc- -; ` dela,:-. ( ' 1,- cessfully complete the snowmobile safety education and training course. For the pur- r = - -; (c) r „_ ; p II: pose of administering such program and to defray a portion of the expenses of training pr cribt ec ".`K ` .Asuare v.b} r �t, and certifying snowmobile operators, the commissioner shall collect a fee of not to ^; - exceed S5 from each person who receives the training and shall deposit the fee in the ��'�• #.:,..:.:..... .,' -square h : Jwhich ..;;.: _ = F il, snowmobile trails and enforcement account and the amount thereof is appropriated __ E4.1....,..:: -=p the au: annually to the commissioner of natural resources for the administration of such pro- ` = .a•' ' j`- grams. The commissioner shall cooperate with private organizations and associations. -�W. _::.:�« b�- (d) '-3'. private and public corporations.and local governmental units in furtherance of the pro- - `" '- (d) A # 3 gram established under this clause. The commissioner shall consult with the commis- -7-----1 .� )�avhded c `+- !,g. sinner of public safety in regard to training "-- mere sno• : . program subject matter and performance `'_ - ::.t_-•_ � testing that leads to the ceniiication of snowmobile operators. r�--�i (e) la t _._ „�,,� K r� F• •�+�t5 aril �'� ;a. i� . `•..li�,,_ ✓ i.,; ;.! ;-. 1a6it s:.moi-.r +�tid .-:.Nf4^ - ,�,T`- ;",.. i :--ycse'4:1"; s- . ►- �. .p i.)3':*, . ., _ • -� .5+.-...s. ..-v..lar--�r+'ti 'Vs !�.-• '1t ...J- .�.I"''r� Sr ms i �►:,...,.Y .1i. `:7! •.h.S..r,.1-'-..•.:AS�^s-a4s .... ,--4.,..i----s.r 21 . 2077 DEPARTMENT OF NATURAL RESOURCES 8427 `f snowmobile trails '-- i -s- (7) The operator of any snowmobile involved in an accident resulting in injury requiring medical attention or hospitalization to or death of any person or total damage 1 account and inter-•' to an extent of S 100 or more, shall promptly forward a written report of the accident i aw for the follow-`_ to the commissioner on such form as the commissioner shall prescribe. t I Subd. 2.The commissioner of public safety may adopt rules not inconsistent here- I ; -construction and• .at with in the manner provided by chapter 14.regulating the use of snowmobiles on streets --_ and highways. ' :._ _ational snowzrto- History: 196 7 c 87 6 s 8: 1969 c 399 s 1: 1969 c 69_s 6: 1969 c 1129 arr 10 s 2: 1971 •. :4 _ 5771982 • .i .- k om . 84.90. . t C 248 s 70: 1Sp198.i c 13 s 194: 1986 c 444 • 0 s 3; 1987 c 404 tikti. 84.8 OPERATION: REGULATIONS B1' MUNICIPALITIES. : .x `.. Subdivision 1. Operation on streets and highways. (a) No person shall operate a - . . •j, :- F. ..,... snowmobile upon the roadway. shoulder. or inside bank or slope of any trunk. county 1 ) •'ERSHIP. •--7.410F. state aid. or county highway in this state and. in the case of a divided trunk or county . , �. highway. on the right-of-way between the opposing lanes of traffic. except as provided i� i. eof. other than a --. f;: in sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of- ' '.i -- ie.���ritten notice r:�. r y ' way of any trunk, county state aid. or county highway between the hours of one-hal. i .4. ssioner shall pre- =.��-' - .are to give such .` `� hour after sunset to one-half hour before sunrise.except on the right-hand side of such - 1 '6. _ right-of-way and in the same direction as the highway traffic on the nearest lane of the ::::-Z-7;;" • roadway adjacent thereto. No snowmobile shall be operated a: any time within the right-of-way of any interstate highway or freeway within this state. :., � • f)-_ (b) A snowmobile may make a direct crossing of a street or highway at any hour .• a - of the day provided: •. .3rT stra:ion of snow- ---1.?..!-:•-•- = (1) the crossing is made at an angle of approximately 90 degrees to the direction : • '.tea"_ -: -- of the highway and at a place where no obstruction prevents a quick and safe crossing; ,it;i -= and - `_' (2) the snowmobile is brought to a complete stop before crossing the shoulder or :.`3ft '� `' main traveled way of the highway; and ? t' obiles consistent '=iaY +., (3) the driver yields the right-of-way to all oncoming tramc which constitutes an ..ri irces shall adopt = immediate hazard: and •es: - -- , p 1 ---.�- (4) in crossing a divided highway. the crossing is made only at an intersection of _ :2:1"" ren - such highway with another public street or highway: and totted. (5) if the crossing is made between the hours of one-half hour after sunset to one- 1:1 - ,b' :isdiction of the .=_ ;: half hour before sunrise or in conditions of reduced visibility. only if both front and rear Iights are on: and :. =1v ::h are necessary . .�H -- (6) a snowmobile may be operated upon a bridge, other than a bridge that is part owmobiles. f. of the main traveled lanes of an interstate highway. when required for:he purpose of : :•a -i; .., avoiding obstructions to travel when no other method of avoidance is possible: pro- - °' on and training 1r vided the snowmobile is operated in the extreme right-hand lane. the entrance to the 1 "` ion of snowmo- '% - roadway is made within 100 feet of the bridge and the crossing is made without undue ;.1 I, obile operators, -- delay. . ,`a o;-- -rators who suc- =•''t1;..T!. (c) No snowmobile shall be operated upon a public street or highway unless it is .f 13^�- -se. For the pur- T=. ;, •- equipped with at least one headlamp•one tail lamp, each of minimum candlepower as - IsA w nses of training ' Q Prescribed by rules of the commissioner. reflector material of a minimum area of 16 :,r )-..c4 a fee of not to .- ' - square inches mounted on each side forward of the handle ban. and with brakes each 13 it the fee in the 7' ».:: ..-- of which shall conform to standards prescribed by rule of the commissioner pursuant ;.'a,-. !s appropriated • to the authority vested in the commissioner by section 84.86. and each of which shall `:1 1 on of such pro- - be sublet: to approval of the commissioner of public safety. -a •N- id id associations, ;"= (d) A snowmobile may be operated upon a public street or highway other than as • : R ance of the pro-...:K.:!;--r, ,.. Provided by clause(b)in an emergency during the period of time when and at locations '--zr, :h the commis-'.:-.4.1.-1; � where snow upon the roadway renders travel by automobile imprac'ca.. s -7: d performance .---•-'••_ (e) All provisions of charter 169 shall apply to the operation of snowmobiles upon --� " streets and highways.except for those relating to required equipment.and except those S ..;i:.);". '0 '1• 11 . . i ii .... . Ei 8417 DEPARTMENT OF NATURAL RESOURCES 2075201 ,,.,x, '! • 1 which by their nature have no application. Section 169.09 applies to the operation of • vat • i snowmobiles anywhere in the state or on the ice of any boundary water of the state. Ian ,-- ::i the (f) Any sled, trailer, or other device being towed by a snowmobile must be ... .;- , ' : ;i equipped with reflective materials as required by rule of the commissioner. ac: :-..,:g: .- ; • ! ii Subd. Ia.Organized contests,use of highways.etc.Nothing in this section or chap- rten - s �=3 ter 169 shall prohibit the use of snowmobiles within the right-of-way of any state trunk n' pm- • -..: `, or county state-aid highway or upon public lands or waters under the jurisdiction of the commissioner of natural resourcein any organized contest•subject to the consent - ` -;; s. 84.: �:-. of the official or board having jurisdiction over the highway or public lands or waters. o•4 In permitting such contest.the official or hoard having jurisdiction may prescribe such restrictions or conditions as they may deem advisable. - _ Ye: .. • t' it Subd . 2.Operation generally.It shall be unlawful for any person to drive or operate '''x: any snowmobile in the following unsafe or harassing ways: (a) at a rate of speed greater than reasonable or proper under all the surrounding "` r.. circumstances: c..- (b) in a careless,reckless or negligent manner so as to endanger the person or prop- fir:,: c '_ - erty of another or to cause injury or damage thereto; -} a. ;, 1 r (c) without a lighted head and taillight when required for safety; c -F` V 4 c �, •,.. (d) in ani'tree nursery or planting in a manner which damages or destroys growing '-" • E '• stock. •%.34. .a ` ,_ • Subd. 2a. Operation prohibited on airports. It is unlawful for any person to drive ; or operate any snowmobile on an airport defined in section 360.013, subdivision 5. or �- +- b 11 other applicable law. n: Subd. 2b. Operating under influence of alcohol or controlled substance. A person I in control of or operating a snowmobile under the influence of alcohol or a controlled _ ;" substance is governed by the prohibitions and chemical testing requirements of sections - 84.91 and 84.911 and is punishable in accordance with those sections. al:: Subd. 3. Regulations by political subdivisions. Notwithstanding anything in this section to the contrary,a county board may by resolution permit the operation of snow- t - ."= ' '. mobiles upon the roadwa}.shoulder,or inside bank or slope of any county highway or x:_, - .=:�. `} county state aid highway if safe operation in the ditch or outside bank or slope thereof v F • t is impossible.in which case the county board shall cause appropriate notice thereof to s i. ; be given. .:4. s r r "." - `o. ' 1.:. ,b.�y,, j!;;• Any county,city,or any town acting by its town board.may regulate the operation. ,'= : aia7 e�, t of snowmobiles on public lands, waters, and property under their jurisdiction and or: r.'•" " . • z ,,;,:-.:. .•_: - :_ a is streets and highways within their boundaries b}•resolution or ordinance of the govez':- __ � ' a ing body and by giving appropriate notice,provided such regulations are not inconsis- tent with the provisions of sections 84.81 to 84.88 inclusive and rules promulgated •"`"' ` • ,F' • s` -1-.. thereunder. However. no such governmental unit may adopt an ordinance which (1) !_ ' - „ - ' 7' 1jl •-- . imposes a fee for the use of public land or water under the jurisdiction of either the corn- Y"tn;-. '"'' • I C missioner of natural resources or any other agency of the state. or for the use of an _ t access thereto owned by the state.or a county or city:or(2)require a snowmobile opera- - ' ie.1. tor to possess a motor vehicle driver's license while operating a snowmobile. c �(�• History: /967c 876 s 9; 1969 c 1 s 1; 1969 c 695 s 7.8; 1969 c 1129 art 10 s 2; 1971 __ '. !=' c 491 s 2; 1971 c 577 s 8; 1973 c 123 art 5 s 7; 1973 c 701 s 1; 1974 c 51 s 1; 1974 c 279 ;;a=; ' s- " ` - id s1; 1976c2s48;1977c31 s1;1981 c363s1;1985c248s70; 1986c444; 1987c368 _ �.r ��j[jq., s 1,2; 1989 c 331 s 2 `' ' jam, . ; • - 84.871 MUFFLERS. fr! Except as provided in this section.every snowmobile shall be equipped at all times " ' ' r_•;. 4 j., . - , . Rte: with a muffler in good working order which blends the exhaust noise into the overall ib„. r; r snowmobile noise and is in constant operation to prevem excessive or unusual noise. >" The exhaust system shall not emit or produce a sharp popping or crackling sound.This �-•_- - ""` ' section does not apply to organized races or similar competitive events held on(1)pri- •• 'T ,yz?, . .. :Y_ Cly I -_. 4 .. . .. . „........ ,:.,,,,,:, .. , „ i; .. �t` ° Fs t 7:.'. A r r.. keel:,-i4-.%+!.A-ut-i`r-di-+• riti ;.dr.;.«:w ':: ..s '� Y4f ,-'''.,r'.! ir ' r-: " � -7:i..'..-"'"..•"•'•.':•-": . y 7 .s.•'`:-' t?,.k ??11. 1f. G�yd4 - yi4a•yr-- "t r��". fc +Ya•Y� 'r:d 3' - ,' ,�Y_ - • s' t.,. -;41-.: -;.11 "�gGbr e .. �S;, K ^ ti£_:Q, .. r --,.n: „v*-.'1.�.w1 -:: -..Cs---t'4+.:,..`.�..boi�..Ms �4 ..'Tj.— ." e.. :.rt • ! y . mss ..� . -.. .-,r+tt»r. . v .�re's ""r"--..'".'••"" wrs•-.a": iy .--- , r• ••_ �.ya.,Mir- .. 4as n e' �. -�..,.,..4.7.�.. ._. r. --..---- -- _ js aR^i t i+ : ..4'.:., _v:.z !•_ • r� Y _ , ---•... .., ...,e -OC -•,1 �: "r'�_ .A.,:]!` n 'k ► .64.4'."t'''''''.1--i-f4'47:1';'4:1"'• 'rpkq'S••4:"Alii .... o ,'.. .,;;f 4.-4.;:7.14,, • :_ .. r.v--•,—. .-•-..Mr.r44,- .r..- --sn -,._._:-.....,.:-......--;-4-,....4......--. - -_ `: - • y .pyx• t . - rt: - '-%=}c -,..7t7" ."-:..'1.-1." - ,.a1'-- '' i� " --if''y: ', -,, :FS :- a - C" + 2',i.r_ ii 27 o_ w• 2078 :gni; .079 DEPARTMENT OF NATURAL RESOURCES 84.88 :tion of vate lands.with the permission of the owner,lessee.or custodian of the land:(2)public • state. . lands and water under the jurisdiction of the commissioner of natural resources. with rust be the commissioner's permission:or(3)other public lands.with the consent of the public - -_t: agency owning the land. No person shall have for sale.sell.or offer for sale on any new • 1 . -" snowmobile any muffler that fails to comply with the specifications required by the " r trunkchrules of the commissioner after the effective date of the rules. - : :ion of _ Histor}•: 1969 c 695 s 9: 1969 c 1129 art 10 s ': 1985 c 248 s '0 • ' I* '•r,. ter. - k ir. onsent - - .eaters. 84.872 'tOUTHFLZ SNOWMOBILE OPERATORS: PROHIBITIONS. r tscrioe ;•A'. Notwithstanding anything in section 84.87 to the contrary. no person under 14 • i'. = ;= years of age shall make a direct crossing of a trunk,county state-aid.or county highway ,, Aerate as the operator of a snowmobile. or operate a snowmobile upon a street or highway =,e within a municipality. A person 14 years of age or older,but less than 18 years of age. - may make a direct crossing of a trunk. county state-aid, or county highway only if the 'p' � ~ =; riding ;s: person has in immediate possession a valid snowmobile safety certificate issued by the - .� '447. commissioner or a valid motor vehicle operator's license issued by the commissioner j' prop- .t:_ of public safety or the drivers license authority of another state. No person under the age of 14 years shall operate a snowmobile on any public land or water under the iuris- z-• diction of the commissioner unless accompanied by one of the following listed persons a )win on the same or an accompanying snowmobile.or on a device towed by the same or an a '''r '- accompanying snowmobile: the person's parent. legal guardian. or other person 18 lir: . drive Fears of age or older.However.a person 12 years of age or older may operate a snowrto- 5.or - bile on public lands and waters under the jurisdiction of the commissioner if the person —; -T..14.-.::. _ has in immediate possession a valid snowmobile safety certificate issued by the corn- 3 ~ - ' :a trussioner. e : .. erson "'- - "'• It is unlawful for the owner of a snowmobile to permit the snowmobile to be open- 'j : ' •:.. ' lolled - atea contrary to the provisions of this section. ' 4, cions '� When the judge of a juvenile court.or any of its duly authorized agents.shall deter- '� .'- _' .1;r:: : this - mine that any person.while less than 18 years of age.has violated the provisions of sec- .F` : tions 84.81 to 84.88. or any other state or local law or ordinance regulating the ' '3 now- _.. operation of snowmobiles.the judge,or duly authorized agent.shall immediately report .g treor- such determination friction to the commissioner and may recommend the suspension of the -- of to person's snowmobile safety certificate. The commissioner is hereby authorized to sus- pend the certificate. without a hearing. - ti ::_- _ _ :non `-" History: 1969 c 695 s 10: 1971 c 57 7 s 9: 1986 c 444 1987 c 89 s 1 =;;_:. ,� ', don - - .._..7n - &.873 SIGNAL FROM OFFICER TO STOP. .ern- .�; :, .�_. rtsis• Ari It is unlawful for a snowmobile operator. after raving received a visual or audible _ n_"�=• .r,: .ated '- signal from any law enforcement officer to come to a stop. to(a) operate a snowmobile (1) _ in willful or wanton disregard of such signal. or(b)interfere with or endanger the law : -' 'OM- - _ enforcement officer or any other person or vehicle- or(c) increase speed or atternp: tc , ; - any ' - flee or elude the officer. !era- • 1: 1986 c t .. History: 19'3 c 6":s 444 z 5. 971 - 84.88 PENALTIES. • r ' - 239 = ., Subdivision 1. Any person who shall violate any provision of sections 84.81 to = 368 - r*-• • 84.89 or any rule of the commissioner of natural resources or of the commissioner of ohm.i._,-. Public safety promulgated pursuant to law snail be guilty of a misdemeanor. '-3 I s..- . P g P ' a -_ ':=s ... Subd. 2.A person registered as owner of a snowmobile may be fined not to exceed ;;.1 r<;•:'-• $300 if a snowmobile bearing the person's registration number is operated contrary to r r r __ nes ' the provisions of sections 84.81 to 84.88. or 9"B.091. The registered owner may not k: -all be so tined if(a) the snowmobile was reported as stoic" to the commissioner or a law 4,---�. • •; . 'se. . ! enforcement agency at the time of the alleged unlawful ac:,or if(b i the registered owner =,,., _ g g i�i 'tis ' `' demonstrates that the snowmobile either was stolen or was not in use at the time of the z. .. ori- ,.. alleged unlawful act.or if(c)the registered owner furnishes to law enforcement officers e _ . `' ;; 84.88 DEPARTMENT ...i:/ • Ftgi' :_ OF NATURAL RE40Uk s d`. i.„-,-,,i: 2080 _ -- ff$ ?.•' �., upon request ,,. it q the identity of the person in actual physical control of the snowmobile 1 at the time of such violation. The provisions of this subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and :v �. ; ,.� • ; :11. address of the person or persons renting or leasing such snowmobile, the registration �. . Such + number thereof the departure date and time,and expected time of return thereof. r' record shall be preserved for at least six months and shall be prima facie evidence that v• w :•__ , • the person named therein was the operator thereof at the time it was operated contrary :-.':•'•'-.,• + ; ' • to sections 84.81 to 84,88, or 97B.091.The provisions of this subdivision do not pro- ' hibit or limit the prosecution of a snowmobile operator for violating any of the sections t referred to in this subdivision. ' : 4 History: 1967 c 876 s 10:1969 c 1129 art 10 s 2: 1971 c 23 s 10: 1971 c 491 s 3: 1971 r .1.. , ;:. is ';',1t 1;%`- r c 577 s 10: 1973 c 701 s 2; 1985 c 24b's 70; 1986 c 3Sf,art 9 s 14; 1956 c 444 84.89 CONFISCATION OF SNOWMOBILE USED IN BURGLARY t • A law enforcement officer shall seize any snowmobile,as defined in section 84.81, I used for the purpose of gaining access to property for the purpose of committing the '� • crime of burglary, as defined in section 609.582.Any snowmobile seized pursuant to Lox t t = this section shall be held,subject to the order of the district court of the county in which --i -t,,..;...!.: ., ' " the burglary was committed, and shall be confiscated after conviction of the person • . ;," from whom the snowmobile was seized and disposed of in accordance with the proce- '".` dure provided for equipment used in committin ,�', g game and fish violations by section 97A.225,except that the balance of the proceeds from the sale of a confiscated sno s rno- ' ��` '" bile which are paid into the state treasury shall be credited to the general fund. 3 ` 4 ..4......1.- EHistory: 1969 c 176 s 1; 1969 c 399 s 1; 1986 c 386 art 4 s 15; 1987 c 384 art 2 s 1 ...1::-4.-- -; _ =d' 84.90 LIMITATIONS ON THE OPERATION OF RECREATIONAL MOTOR "- x r _ VEHICLES. - Subdivision 1.For the purposes of this section the followingterm v ' s have the mean- _ ings given them:(a)"Recreational motor vehicle"means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational pur- , - poses. including but not limited to snowmobile. trail bike or other all-terrain vehicle, r` hovercraft.or motor vehicle licensed for highway operation which is being used for of- ;y• road recreational purposes. (b)"Snowmobile"has the same meaning given by section i!; 84.81, subdivision 3. • - h a Subd. 2. Within the seven county metropolitan area. no person shall enter and operate a recreational motor vehicle on lands not owned by the person, except where `,• j`4• otherwise allowed by law, without the written or oral permission of the owner, occu- pant, or lessee of such lands. Written permission may be given by a posted notice of . }Nsfi any kind or description that the owner,occupant,or lessee prefers.so longas it s .,• specifies ;,r_, i., r• • lb the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed." ,� :� •- j i ' "Snowmobiles Allowed" "Trail Bikes :allowed," "All-Terrain Vehicles Allowed," or _ - • words substantially similar. _ :•,�`' itt i . Subd. 3"Outside the seven county metropolitan area,no person shall enter on any ' 6t li: land not owned by the person for the purpose of operating - : PrP a recreational motor vehicle I ;: after being notified.either orally or by written or posted notice,by the owner.occupant, --; f.- =l or lessee not to do so. Where posted notice is used,signs shall bear letters not less than _ - 1 �' two inches high and shall state one of the following: "Recreational Vehicles Prohibit- , ed, "Snowmobiles Prohibited." "Trail Bikes Prohibited." "All-Terrain Vehicles Pro hibited."or words substantially similar.In lieu of the above notice an owner. occupant - x!�° post lessee may any sign prohibiting recreational motor vehicles which has been •' 'r, adopted by rule of the commissioner of natural resources. The notice or sign shall be s:• = t , posted at corners and ordinary ingress and egress to the property and when so posted t i , shall serve so as to raise a conclusive presumption that a person operating a recreational =. ni ,1 motor vehicle thereon had knowledge of enteringupon such posted P p ed lands. Failure to post notice as provided in this subdivision shall not deprive a person of the right to -_�? = ;, _: I .. bring a civil action for damage to one's person or property as otherwise provided by .7:5 law. ��t •• • _ s t ' .- ^ •.• ,_ iii -. "i • '� � ...� �. - -1- - ��-rC .-"•-"W4, tr `K•.i -54-. - - ' +J.�.2: --�.T 7y.• +r,..••i• . .r +Z. -y ..::::-...:±".:..%.7.' r y j... -.... - .....--r---.. .�...„...a...:."..",...;;;.. :-:;'4.4.- ". __ 1 1--"y. •si..•.s.. ... .-E• • 4. t- : . -... .-.' :'4.V. . M . '.lilt..}°or"s�v:•.T. "."-. -. ,„r.- '-a ,.,..t s �-°+`t t 1-..”--' ,! .1,•.>>« .t- ••tr vn... ;a.,• ; w3' !:•.T.'"."- .rt.' m.+••.• -rrs -« '..= ..--=s.,.1.a��_....._.. +:-.�.-.� ..a:curs....-4'-''''.....;..'-:-.5.,.„:..-i.-..:,:;'-r,.7.7....a.�___•.........�--...ar}�.--.� .. .. - .'--- - .:.mac �- �.�.�•.._. off.^ .ia .a..-..irw.. r._._--.-_i,•W.:--•f .--• P.�y1"w �•.+re.-_ .<<'.•4s�-5�.. _.:7-.. 'y�'�' _'.!''„'�. `^,tf` '•' ,...-.-.....,........s.....`a ^95��.. `.• „r ..•..r:+- *"`.'- .Z�%e .A':..:--', . �t*-. .,- •.4:+•.: .,r. �.�. �.•--A• " -�.:._-- • .. - ._- _ • tic- .^-r .�.+._<' _ h•: r?,•ie... :E--;'..:i. _--_.*.•••- y}. • 'A •ee -7.t . -. .. . .. _ _. .__ _ .-"*` L.,. fy.M.:.q.;e. yr^.-Z' 'sem•wa.- •mss••-h. —AW":. - `�•t,'._ .• _ 1 / - x_ox 7:o7F�5 .�: 'y. .acv • +=.. _080 -.-:-14:-. 208 DEPARTME\'r OF tiATtJRAL RE.SOt;RCFS 84.91 `. snowmobile Subd. 4.It is unlawful for a person to post,mutilate.or remove any notice or sift '- apply to any . . provided in this section upon any lands or waters over which the person has no right. :te name and title, interest, or license. It is unlawful for a person other than a duly constituted legal <; : registration =-- ; ` Hereof.Such R authority to so post any public lands.including but not limited to tax-forfeited lands, . ; as above described.It is unlawful for a person to mutilate.destroy.damage.or remove -_; .zed con that _ any shelter.comfort station or other trail facility on any trail established on state owned .ted contrary .-...,-,:7.-,. land or on any recreational trail which is funded in whole or in part by state grant-in-aid f-;s:: the not pro- ti' `�'' sections funds. '.;" Subd. 5. No person shall enter or leave the lands of another with a recreational .• . motor vehicle. or pass from one portion of such lands to another portion, through a is x% s91 s 3; 19�1re, _ closed gate.without returning the gate to its original position. No person shall enter or r , .. 444 a� a, leave the lands of another with a recreational motor vehicle by cutting any wire or tear- =_ .Si.:-... ing down or destroying any fence. _• Subd. 6. Nothing in this section shall limit or otherwise qualify the power of csion 84.81, =.ti municipalities, counties.school districts,or other political subdivisions of the state or ;:..74-..- pursuant = pursing the s - 1 pursuant to ;; any agency of the state to impose additional restrictions or prohibitions on the opera- _ a tion of recreational motor vehicles on property not owned by the operator in accor- Hty in which � ' �• the person 'z` dance with law. .'i " �;;. .h the proce- - Subd. 7.A person violating the provisions of this section is guilty of a misdemea- ':j : ,z.-.,ad s by section nor. i'j ed snowzrto- History: 1974 c 468 s 1; 1981 c 215 s 1; 1985 c 248 s 70: 1986 c 444 -;; fund. — VEHICLES BY 84 art 2 s 1 _ 84.91 OPERATION OF SNO�'N1OBILES AND ALI-TE�AI= ,C_ PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SLB- L3 L MOTOR STA:\CES. �' ^ Subdivision 1.Acts prohibited.(a)No person shall operate or be in physical control '•.'^ .e the mean- of any snowmobile or all-terrain vehicle anywhere in this state or on the ice of any ,,,•-.-•,. vehicle and boundary water of this state while under the influence of: :� :: '.;: . ational pun (1) alcohol, as provided in section 169.131, subdivision 1. clauses (a) and(d); _�. ��M; -ain vehicle. -_�g -used for off- :1-2-..1-:-. (2) a controlled substance. as defined in section 152.01. subdivision 4: or .1- � i by section .' (3) a combination of any two or more of the elements named in clauses (1) and E 4. -.i . _ :r i enter and .-.:..4.7-- (b) No owner or other person having charge or control of any snowmobile or all- •4 : ,•-ti wept where - terrain vehicle shall authorize or permit any individual the person knows or has reason .3 :�-_.,,_.:, caner, occu- �- - to believe is under the influence of alcohol or a controlled substance.as provided under '. •-. parag,-aph (a), to operate the snowmobile or all-terrain vehicle anywhere in this state cd notice of ! ' -..; s it specifies or on the ice of any boundary water of this state. .a A 0::-.f' s Allowed," - (c) No owner or other person having charge or control of any snowmobile or all- tea.-_.•. .flowed," or „it. terrain vehicle shall knowingly authorize or permit any person. who by reason of any ;_ -,...,- �.0 physical or mental disability is incapable of operating the vehicle,to operate the snow- .7.11- ,;i. enter on any -:•_ mobile or all-terrain vehicle anywhere in this state Cr on the ice of any boundary water ,- 11:,,,,..,,- • •_ of this state. , Dior vehicle _.r- �"�" -.occupant, .;'7.--. k+ Subd. 2.Arrest.Conservation officers of the department of natural resources.sher- ...-' rot less than :•.--t".5-. - - ifs,sheriffs deputies,and other peace officers may arrest a person for a violation under1,...:.;';'-‘.--:- . , _s Prohibit-'". •••'•.- -; .- subdivision 1 without a warrant upon probable cause, if the violation was committed •• .. t chicles Pro- ,, in the otncer's presence. If the violation did not occur in the officer's presence,the offs- r 114.f... •r.occupant . cer may arrest the person if the person was involved in a snowmobile or all-terrain vehi- rt 1.- ., h has been: cle accident resulting ir. death. persona! iniun. or propem' damage. "'1..,. = . 1en shall be �� Subd. 3.Preliminary screening test.When an officer authorized under subdivision • ,,i 71 so posted ..-.4..-`17.1:- _- 2 to sake arrests::as reason to believe from the manner in which a person is operating. . eFailure to -' controlling, or acting upon departure from a snow•mobiie or all-terrain vehicle. or has .-_t . '',> herht to:-; ;i operated or been in control of the vehicle.that the operator may be violating or has vio- y :. :he right ty' --- lated subdivision 1, paragraph (a). the officer may require the operator to provide a :.± . :: ;rovided by_-_. : . breatha preliminary screening test using a device approved by the commis- F ' . ' sample for p c..-t4 . sinner of public safety for this purpose. The results of the preliminary screening test y e :.... __ 'rte - - ? Ci - ,i:'1 I 84.91 DEPARTMENT OF NATURAL RESOURCES 208: t20E3 V ; i shall be used for the purpose of deciding whether an arrest should be made under this - (� -: . section and whether to require the chemical tests authorized in section 84.911.but may -4--:- 0.10 0 not be used in any court action except to prove that a test was properly required of an : ::: S. -•‘.,--... + operator under section 84.911. Following the preliminary screening test. additional rivilt ' tests may be required of the operator as provided under section 84.911. An operator - - - be giy - .'.#. , t who refuses a breath sample is subject to the provisions of section 84.911 unless, in '. 2,sha compliance with that section. the operator submits to a blood. breath, or urine test to bavin. • :_• .'t ' determine the presence of alcohol or a controlled substance. L whici: ' -; • Subd. 4. Evidence.In a prosecution for a violation of subd,yision 1,paragraph(a). .5,4 C, . f the admission of evidence of the amount of alcohol or a controlled substance in the per- -I been c "?' son's blood, breath. or urine, is governed by section 86B.331. subdivision 4. .+�--� the ir.• `... Subd. 5.Penalties.(a)A person who violates any prohibition contained in subdiyi- X- to res ��" sion 1 is guilty of a misdemeanor. A person who violates any prohibition contained in ..,.. pe subdivision l within five years of a prior conviction under that subdivision or civil lia- - the v • ' • bility under section 84.911.subdivision 2.or within ten years of two or more prior con- -' ---- victions under that subdivision or civil liability under section 84.911. subdivision 2. . .'. teatic is guilty of a gross misdemeanor. of int '. ` , , (b) A person who operates a snowmobile or all-terrain vehicle during the period ' p°s the person is prohibited from operating the vehicle under subdivision 6 is guilty of a ,:-.7.„:„..,..:...,.:.:....;:i..of int. misdemeanor. mazy • advis . Subd. 6. Operating privileges suspended.Upon conviction.and in addition to any , _ • penalty imposed under subdivision 5,the person is prohibited for one year from operas- . - 1000I.;. t ing a snowmobile or all-terrain vehicle. whichever was involved in the violation. .: _ -4: 4 i �i Subd. 7.Duties of commissioner.The court shall promptly forward to the commis- .. • (. isioner copies of all convictions and criminal and civil penalties imposed under subdivi- �e F^ ,. ,. Y i : �i sion 5 and section 84.911.subdivision 2.The commissioner shall notify the convicted t "' person of the period during which the person is prohibited from operating a snowmo- - .,`A, f! bile or all-terrain vehicle under subdivision 6 or section 84.911. subdivision 2. The -"_ -''be ir• 'r'''•---! commissioner shall also periodically circulate to appropriate law enforcement agencies , ..-; ' i a list of all persons who are prohibited from operating a snowmobile or all-terrain vehi- ' ° = ., I:' cle under subdivision 6 or section 84.911, subdivision 2. =t is ' • f I,' Subd. 8. Immunity from liability. The state or political subdivision that employs - -- cr t j 2 % of S-, an officer who is authorized under subdivision to make an arrest for violations of sub l i - terrar .: I , division 1 is immune from any liability.civil or criminal. for the care or custody of the t,, 1 snowmobile or all-terrain vehicle being operated by or in the physical control of the per- _, -_ - ' son arrested if the officer acts in good faith and exercises due care. y-: livens- t R History: 1987 c 368 s 3; 1990 c 391 art 8 s 12 y..•'moue ' 84.911 CHEMICAL TESTING. - penal: . opera: Subdivision 1.Mandatory chemical testing.A person who operates or is in physical t.,.='', - (: control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any ,;41_: . made : boundary water of this state is required.subject to the provisions of this section.to take ;z 7-.',....;,--.,:.- - • (f or submit to a test of the person's blood,breath,or urine for the purpose of determining - • If the presence and amount of alcohol or a controlled substance.The test shall be adminis- .'' t•. teres at the direction of an officer authorized to make arrests under section 84.91.sub T?. .:: S i ;i division 2. Taking or submitting to the test is mandatory when requested by an officer -- _y able e- ' Il who has probable cause to believe the person was operating or in physical control of :, -. `.•• to test '' .! a snowmobile or all-terrain vehicle in violation of section 84.91. subdivision 1, para- -erg ,:" --::has be graph (a). and one of the following conditions exists: - •=-r :::r = S. ! (1) the person has been lawfully placed under arrest for violating section 84.91, .-..-7,--* .-�x subdivision 1, paragraph (a): -_ • c (2) the person has been involved while operating a snowmobile or all-terrain vehi- -5.,,;,,r- _•ve r cle in an accident resulting in property damage, personal injury, or death; --- •-:.::-:-`_` =bd. i (3) the person has refused to take the preliminary screening test provided for in s� .•:.,_s section 84.91, subdivision 3: or �'ft4 - I l� -+T i�«. ..�v. _ i1 .4. ate"- "i'Srr'.'�^.J i.- f . .+f w _ _J _ -ter.+• - --...+r+,.. ---4 a a.L ice, -.a+.irc' +r.—+-- sr ' ": A• .. - . 0.S a Ai Mt -.. .{. N- . £ v:a_n:-..e..!.4'.,++ft4 ' -:- .. :."t:.'.�... + ,:-. .' - `t- -•.. y,.r ,+ M 7�i' .;n't."`3..45-"SK * -'•:- ^1:14. rt - . ..M.' a%X?Y�•+�y� 1.•:7+,^.+ i� 4' = ....47,.!-•- "'�> s °t .442. ri..w. r+T"� - +-N -:i+..i ,,,,,�e+. L Y/ww•-�V>- I ..J► -.,.......1.41.,.. Mt.t,r i.:•-l.r.:.•1,.., t t. '_'.'... �-dr:�... '_ r-.4e1-'''.-- :--- .- .---, .. 1".'...s .W.. '�.'-:sem-�i�...--.- -. --- I-.._ -ii' SSs..w -. rrollE=Mr.-_ . - .. -- -- - - •- - .� ._ _ _ .- ..':•••,'‘.1. ,' /1 •z. 208.. _ 2083 DEPARTMENT OF NATURAL RESOURCES 84.911 lade under this '-_ (4) the screening test was administered and recorded an alcohol concentration of q •4.911,but ma ._ sj . y- ° , 0.10 or more. required of an :.,'t - Subd. 2.Penalties;refusal:revocation of snowmobile or all-terrain vehicle operating t ' - :est, additional'-. - privilege.(a)If a person refuses to take a test required under subdivision 1,none must 1. An operato • ' be given, but the officer authorized to make arrests under section 84.91, subdivision i! , .911 unless, in,.=- ` 2,shall report the refusal to the commissioner of natural resources and to the authority , • ' or urine test to:-- - having responsibility for prosecution of misdemeanor offenses for the jurisdiction in ' U: i_ r•` which the incident occurred that gave rise to the test demand and refusal. r . ' -. • • paragraph(a),-,--;•:.,::':,4 On certification by the officer that probable cause existed to believe the person had I •'I .ince in the per-.•�:y= been operating or in physical control of a snowmobile or all-terrain vehicle while under ; f ion 4. '.t._-. the influence of alcohol or a controlled substance,and that the person refused to submit ', : . zed in subdivi z to testing,the commissioner shall impose a civil penalty of$500 and shall prohibit the r. n contained in--_---2 3 person from operating a snowmobile or all-terrain vehicle, whichever was involved in ,`: on or civil lia- •-••-.- 4' the violation, for a period of one year. iore prior con- ;. • - On behalf of the commissioner.an officer requiring a test or directing the adminis- " i--1::*--. : = subdivision 2,. ''"::11. tration of a test shall serve on a person who refused to permit a test immediate notice k .- of intention to prohibit the operation of a snowmobile or all-terrain vehicle, and to i• .`i -.. :ng the period-,- impose the civil penalty set forth in this subdivision.If the officer fails to serve a notice , l; 4 - is guilty of a .- of intent to suspend operating privileges, the commissioner may notify the person by L '-f-,.-_• - •k... mail, and the notice is deemed received three days after mailing. The notice must r . advise the person of the right to obtain administrative and judicial review as provided ' 3dition to any in this section.The prohibition imposed by the commissioner takes effect ten days after ' 4.4:1,P'.4:73 . r from operas- =�_ :__ receipt of the notice.The civil penalty is imposed on receipt of the notice and must be '-' t !r :violation. -- .,.a s.'-'' paid within 30 days of imposition. ; 3 the commis- ••` .-*17...:.-.1 (b) A person who operates a snowmobile or all-terrain vehicle during the period :_;�,: ander subdivi the person is prohibited from operating the vehicle as provided under paragraph(a)is 1 11 "-� . the convicted -,-;.---- «• •r :: ' g guilty of a misdemeanor. -r� ,., :i a sn2. The • :;: Subd. 3. Rights and obligations.At the time a test is requested, the person must { - yision ?. The — r- ,4;',,-- • be informed: _ ,4 x<_"�- Ment agencies - -- :-terrain vehi- ',.;-_--..,...-;-.`== (1) that Minnesota law requires a person to take a test to determine if the person _-- • is under the influence of alcohol or a controlled substance; '= that employs w (2) that if the person refuses to take the test,the person is subject to a civil penalty L. rt ations of sub- =- ustodyofthe '' of$500 and is prohibited for a one-year period from operating a snowmobile or an all- -- terrain vehicle. as provided under subdivision 2; _,_` .:Q rol of the per- :- -_ ' (3) that if testing is refused it will not affect the person's motor vehicle driver's « `fir; t license: st `e- _ (4) that if the test is taken and the results indicate that the person is under the r. .' influence of alcohol or a controlled substance, the person will be subject to criminal �`. -_ Penalties and in addition to any otherpenalties the court may impose. the person's _ P P - t;- ----- - OPerating privileges will be suspended as provided under section 84.91,subdivision 6; • ii: is in physical _*.i.' ---- I* t _ :he ice of any (5) that,after submitting to testing.the person has the right to have additional tests • •, made by someone of the person's own choosing; and :tion.to take ~- µ - a` -determining =_ -- - (6) that a refusal to take a test will be offered into evidence against the person at - it I be adminis- : - trial. a 84.91,sub- • -- Subd. 4.Requirement of urine test.Notwithstanding subdivision 1,if there is prob- � ; by an officer - -.7:•-_-_ able cause to believe there is impairment by a controlled substance that is not subject .!i al control of to testing by a breath test,a blood or urine test may be required even after a breath test a yr t. -T I ,r lion I, para- - . has been administered. t t;,a -- .., Subd. 5. Chemical tests. Chemical tests administered under this section are gov- '' -• :tion 84.91, '• '`'_ erned by section 86B.335, subdivisions 8. 9, and 10. ` - --- Subd. 6.Judicial and administrative review:enforcement.Judicial and administra- 14`^ terrain vehi- live review of sanctions imposed under this section is governed by section 86B.335, g• _:.; -.11,7. subdivisions 3.4.and 5. Payment and enforcement of the civil penalty imposed under ,, =3' .-,` • vided for in - .;•="- this section is governed by section 86B.335, subdivisions 11 and 12. •;]F?...l.::.-: -- _ History: 1987 c 368 s 4; 1990 c 391 an 8 s 13,14 :i Lyv.T_ sr '(- : •F.. -. 1 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 19 , 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Resolutions of Appreciation to: a] Bill Engel - No. 3365 b] John L. Ries, Jr. - No. 3366 c] Jim Link - No. 3367 d] Virgil Mears - No. 3349 e] Debra Amundson - No. 3350 f] Dave Rockne - No. 3361 4 ] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7 ] 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. ) 8] Approval of Minutes of February 5, 1991 9] Communications: a] Stuart Fraser, N.S.P. , re: proposed 8 . 1% increase b] Kristen L. Converse, Executive Director, Shakopee Valley Convention and Visitors Bureau re: Annual Presentation 10] 7 : 30 P.M. Public Hearing on proposed assessments for the 1990-11 Sidewalk Replacement Program - Res. 3362 11] Boards and Commissions: Planning Commission: a] Ord. No. 304 , Amending Zoning Regulations Relating to Mineral Extraction - tabled Jan. 22 , 1991 b] Shakopee Comprehensive Plan: 1990 - 2010 c] Park Five Year Capital Improvement Program *d] Annual Report Park & Recreation Advisory Board: e] Park Reserve Fund Usage Policy Report TENTATIVE AGENDA FEBRUARY 19 , 1991 Page -2- 12] Reports from Staff: a] Sale of Property - Lots 3 & 4 , Block 52 , Original Shakopee *b] Petroleum Refunds c] Murphy' s Landing - DNR Trail *d] 5th Avenue, Project No. 1989-4 e] Approve Bills In Amount Of $394 , 944 . 04 (which includes debt service payments of $142 , 877 . 50) *f] Prior Lake-Spring Lake Watershed District - Roy and Penelope Reed Easement Acquisition g] Comprehensive Stormwater Management Plans *h] Sewer TV Camera i] Purchase of 1991 Dump Truck 13] Resolutions and Ordinances: *a] Res. No. 3357 - Approving Amendment to LOGIS Agreement *b] Res. No. 3354 - Making Appointments to Park & Rec Bd. *c] Res. No. 3358 - Appointing William Mars to Planning Comm. *d] Res. No. 3363 - Approving A Revised Revenue Refunding Note *e] Res. No. 3360 - Declaring Cost To Be Assessed & Setting A Public Hearing on 1990-8 Valley Industrial Boulevard No. f] Res. No. 3368 - Setting Public Hearing on 2nd Avenue Improvements, Project No. 1991-3 *g] Res. No. 3364 - Approving Transit Service Agreement With Regional Transit Board *h] Ord. No. 306 - Repealing Sec. 2 . 21, Worker' s Compensation *i] Ord. No. 307 - Amending Sec. 5 . 32 , Allowing One More License To Small Establishments 14] Other Business: a] Round. l4* US c C , PCL � b] fr R 4,7'i tie C a- d� G 1 t 4' Q v D S e r .4 h /t Q r►. G! 15] Recess for Executive Session to discuss collective bargaining and the sale of property 16] Re-convene 17] Adjourn Dennis R. Kraft City Administrator 30\ . RESOLUTION NO. 3365 A RESOLUTION OF APPRECIATION TO BILL ENGEL WHEREAS . the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years; and WHEREAS, those individuals who are members of the City's Volunteer Fire Department give many hours of their time for training, practice, and responding to fires within the City and sometimes outside of the City; and WHEREAS, Bill Engel was a member of the Shakopee Fire Department for 22 years from April, 1968 until his retirement in April, 1990 ; and WHEREAS, Bill diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS, Bill faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, Bill displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Bill Engel for his many years of service on the Shakopee Volunteer Fire Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, held this 19th day of February, 1991. Mayor Attest: City Clerk Approved as to form. City Attorney a) \Q":), RESOLUTION NO. 3366 A RESOLUTION OF APPRECIATION TO JOHN L. RIES JR. WHEREAS . the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years ; and WHEREAS, those individuals who are members of the City' s Volunteer Fire Department give many hours of their time for training, practice, and responding to fires within the City and sometimes outside of the City; and WHEREAS, John L. Ries Jr. was a member of the Shakopee Fire Department for 30 years from November, 1959 until his retirement in November, 1989 ; and WHEREAS, John diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS , John faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, John displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. John L. Ries Jr. for his many years of service on the Shakopee Volunteer Fire Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, held this 19th day of February, 1991. Mayor Attest: City Clerk Approved as to form. City Attorney 2S (2 . RESOLUTION NO. 3367 A RESOLUTION OF APPRECIATION TO JIM LINK WHEREAS . the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years; and WHEREAS, those individuals who are members of the City' s Volunteer Fire Department give many hours of their time for training, practice, and responding to fires within the City and sometimes outside of the City; and WHEREAS, Jim Link was a member of the Shakopee Fire Department for 13 years from February, 1974 until his retirement in March, 1987 ; and WHEREAS, Jim diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS, Jim faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, Jim displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Jim Link for his many years of service on the Shakopee Volunteer Fire Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, held this 19th day of February, 1991. Mayor Attest: City Clerk Approved as to form. ,/ City Attorney L 3 . RESOLUTION NO. 3349 A RESOLUTION OF APPRECIATION TO VIRGIL MEARS WHEREAS, Virgil Mears served on the Police Civil Service Commission from February 20, 1979 until January 31, 1991; and WHEREAS, Virgil Mears unselfishly contributed his time and talents to the City of Shakopee during his twelve years on the Police Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council on behalf of the residents of Shakopee and on behalf of the Police Civil Service Commission, that the Shakopee City Council does hereby extend to Virgil Mears the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, this 19th day of February, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. / ), City Attorney 3e . RESOLUTION NO. 3350 A RESOLUTION OF APPRECIATION TO DEBRA AMUNDSON WHEREAS, Debra Amundson served on the Energy & Transportation Committee from February 7 , 1989 until January 31, 1991; and WHEREAS , Debra Amundson unselfishly contributed many hours of service to the City of Shakopee during her tenure on the Energy & Transportation Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council on behalf of the residents of Shakopee and on behalf of the Energy & Transportation Committee, that the Shakopee City Council does hereby extend to Debra Amundson the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, this 19th day of February, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 3 . RESOLUTION NO. 3361 A RESOLUTION OF APPRECIATION TO DAVE ROCKNE WHEREAS, Dave Rockne has served on the Planning Commission from January 17 , 1978 to February 7 , 1991 ; and WHEREAS, Dave Rockne served as Chairman of the Planning Commission from March, 1988 to February, 1990 ; and WHEREAS, Dave Rockne has unselfishly contributed many hours of service to the City of Shakopee during his thirteen years on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the City Planning Commission and the City Staff, that the Shakopee City Council does hereby extend to Dave Rockne the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 19th day of February, 1991 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 6 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 5, 1991 Mayor Laurent called the meeting to order at 7: 00 p.m. with Cncl . Vierling, Zak, Clay and Sweeney present. Cncl. Wampach was absent. Also present was Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney and Judith S. Cox, City Clerk. The following item was added to the agenda: 15b - Discussion of payment of lump sum to employees. Sweeney/Clay moved to approve the agenda as amended. Motion carried unanimously. Mayor Laurent called a recess for the meeting of the Housing and Redevelopment Authority at 7 : 03 p.m. Mayor Laurent reconvened to City Council at 7 : 15 p.m. Liaison reports were given by councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Vierling/Clay moved to approve the consent business. Motion carried unanimously. Vierling/Clay moved to approve the minutes of January 15, 22 , and 29 , 1991. (Motion approved under consent business) Judy Cox addressed the council regarding a request from Mr. Schwaesdall from Pablos Mexican Restaurant located at 230 South Lewis Street for an on sale intoxicating liquor license. She said the City has already issued their quota of on-sale Class A Liquor Licenses (for restaurants under 4 , 000 square feet) . There are a few Class B and Class C Licenses remaining. Mr. Schwaesdall is requesting that one of the Class B or Class C Licenses be moved to Class A for him. Consensus of the Council was to amend the City Code to increase the number of Class A Licenses by one. Zak/Clay moved to direct staff to draft the appropriate ordinance which would transfer one on-sale liquor license from the Class C category to the Class A category. Motion carried unanimously. Mayor Laurent opened the public hearing on proposed assessments for the installation of a street light on Tyler Street. Proceedings of the February 5, 1991 City Council Page -2- Dave Hutton reviewed the proposed assessments for the street light installation costs. The assessments are $42 . 82 per parcel as opposed to $53 . 00 estimated at the public hearing. Mr. Hutton explained that for this particular project, the option of paying it off over 10 years is being eliminated. The assessment can be paid within 30 days with no interest or it will go on the property taxes for the next year. There being no one in the audience, the Mayor closed the public hearing. Sweeney/Vierling moved to offer Resolution No. 3352 , A Resolution Adopting the Assessments for the Tyler Street Light Project No. 1990-9 and moved for its adoption. Motion carried unanimously. The City Administrator reviewed the workers comp insurance plan for Boards and Commissions. He said the staff recommendation is to drop coverage for all boards and commissions with exception of City Council, SPUC and Planning Commission. Discussion ensued on the difference between workers comp and straight accident insurance. The workers comp has a tabled set of benefits for certain accidents whereas with liability insurance, a demonstration of injury has to take place. Sweeney/Clay moved to drop workers comp insurance for boards and commissions and continue with general liability insurance only. Motion carried unanimously. The City Engineer reviewed the street light petition received regarding a street light for 4th Avenue and Harrison. It has been the policy of the City Council that street lights be assessed. He contacted SPUC for a proposal on the cost of the street light and it is estimated to cost $750. 00 to $850 . 00 . The alternatives available for Council are to authorize installation of a street light and include the cost in the 4th Avenue and Adams Street • project, or install it at City cost, or consider it a separate project and order a public hearing. He said staff is recommending that the cost be included in the 4th Avenue street construction project. Clay/Vierling moved to authorize staff to install a street light at 4th Avenue and Harrison Street, the costs to be included in the overall project costs for the 4th Avenue Street Construction Project. Motion carried unanimously. Vierling/Clay moved to authorize the appropriate City officials to execute a Contract Extension Agreement with Orr-Schelen-Mayeron & Associates, Inc. to provide Engineering Services for the Jackson/Harrison Street Project No. 1991-2 and Shumway/Scott Street • Project No. 1991-1 for an estimated fee of $8 , 900. 00 . (Motion approved under consent business) . I Proceedings of the February 5, 1991 City Council Page -3- Dave Hutton reviewed the Murphy' s Landing proposal to locate the DNR trail along their fence line adjacent to Hwy 101. Mn/DOT said the fence line is located just off the existing right-of-way and a permit would be needed from Mn/DOT to construct this trail . There is insufficient right-of-way between Hwy 101 and the fence line for a trail and MnDOT would not issue a permit for it. Discussion ensued on other possibilities for location of the DNR trail at Murphy' s Landing. Cncl . Sweeney asked the City Engineer to look into the feasibility of actually moving the fence to allow for this trail, disregarding the cost factor, and whether it could be accomplished by just moving the fence or if regrading would have to be included. Dave Hutton said he would look into other possible options and bring them back to Council at their next council meeting. Dave Hutton reviewed the correspondence he has from the Mdewakanton Sioux Community in regards to a proposal to pave McKenna Road on a joint venture with the City of Shakopee. He said they will be willing to pay up to 50% of the project. Our estimate from the State Aid office is anywhere from $250, 000 to $300, 000 . 00 . He said to assess it on a front foot basis would be very costly because there are a few landowners that own substantial frontage. One other possibility is to assess property owners a percentage of the project. If the Council is interested he said a cooperative agreement with the Sioux Community would be in order. Cncl. Sweeney had a concern with the City taking more out of the Capital Improvement Fund earlier than scheduled. He felt that the City should give it more thought before a decision on a joint venture was made. Clay/Vierling moved to direct Dave Hutton and Dennis Kraft to meet with the Mdewakanton Sioux Community about improving McKenna Road and come back with harder numbers and more information for the Council . Motion carried with Cncl . Sweeney opposed. Vierling/Clay moved to authorize payment to Midwest Environmental Control Corporation in the amount of $3 , 132 . 40. (Motion approved under consent business) . Clay/Vierling moved to approve the bills in the amount of $117 , 212 . 87 . Motion carried unanimously. Cncl . Sweeney removed himself from any discussion or motion regarding the Minnesota Valley Trail License Agreement Amendment. Clay/Zak moved to direct the appropriate City officials to make the appropriate language changes describing and clarifying the property identified in the Trail License Agreement approved by City Council on September 4 , 1990 . Motion carried with Cncl . Sweeney abstaining. Proceedings of the February 5, 1991 City Council Page -4- Vierling/Clay moved to authorize proper city officials to execute an amendment to the lease between the City of Shakopee and Valley Ice Arena, Inc. deleting the requirement of providing building and contents insurance for the "bubble" located at Lions Park. (Motion approved under consent business) . Vierling/Clay moved to endorse the American Legion and VFW' s position in regard to displaying flags along 1st Avenue for the duration of the Persian Gulf Conflict. (Motion approved under consent business) . Vierling/Clay moved to remove from the table the $2 , 600 . 00 bill from the Association of Metropolitan Municipalities - Labor Relations Subscriber Service for labor relations subscriber service for the year March 14 , 1991 through March 14 , 1992 . (Motion approved under consent business) . Vierling/Clay moved to amend the motion to make payment to Minnesota Labor Relations Service. (Motion approved under consent business) . Vierling/Clay moved to approve payment of $2 , 600 to the Minnesota Labor Relations Service for labor relations subscriber service for the year March 14 , 1991 through March 14, 1992 . (Motion approved under consent business) . Vierling/Clay moved to offer Resolution No. 3348 , A Resolution Terminating the City of Shakopee' s Section 457 Deferred Compensation Plan Commonly Referred to As the IDS Plan and moved for its adoption. (Motion approved under consent business) . Vierling/Clay moved to offer Resolution No. 3351, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments to the Vierling Drive Watermain Project No. 1990-2 and moved for its adoption. (Motion approved under consent business) . Vierling/Clay moved to offer Resolution No. 3353 , a Resolution Accepting Work on the Killarney Hills Project No. 1989-7 and moved for its adoption. (Motion approved under consent business) . Vierling/Clay moved to offer Resolution No. 3354 , A Resolution Accepting Work on the Tahpah Park Lights Project No. 1990-6 and moved for its adoption. (Motion approved under consent business) . Vierling/Clay moved to offer Resolution No. 3355, A Resolution Accepting Work on Vierling Drive from County Road 17 Easterly for plus or minus 3200 feet, Project No. 1988-1 and moved for its adoption. (Motion approved under consent business) . Proceedings of the February 5, 1991 City Council Page -5- Vierling/Clay moved to offer Resolution No. 3356, A Resolution of the City of Shakopee, Minnesota, Supporting the Position of the Scott County Board and Supporting the Proposed Amendments to Various Statutes Pertaining to Agricultural Property Taxation, and moved for its adoption (Motion approved under consent business) . Sweeney/Vierling moved to offer Ordinance No. 305, An Ordinance of the City of the Shakopee, Minnesota, Amending Sec. 2 . 57 of the City Code, Park and Recreation Advisory Board, by Amending Subd. 2 , Composition of Commission, To Increase the Membership on the Board from Seven to Eight, and moved for its adoption. Motion carried unanimously. Vierling/Clay moved to have staff prepare a resolution expanding the terms of all Park and Recreation Advisory Board members as suggested. Motion carried unanimously. Cncl. Sweeney addressed the City/County conflict resolution, relating to the County Road 17 right-of-way being built to urban standards because of some of the issues in the area. Sweeney/Vierling moved that any conflict issue between the City and County go directly to the City Administrator and County Administrator and appropriate staff members with direction that it come back as a resolved issue that all could support. Zak/Vierling moved to amend the motion to read that the City Council be made aware of any issues under discussion as informational items. Motion carried unanimously. Motion carried unanimously on main motion as amended. Dennis Kraft reviewed the policy of the payment of a lump sum to four non-union employees. It was originally scheduled to pay those employees who did not get an increase on January 1 a lump sum on April 1 . There has been a talk of freezing salaries by the State. He said he would like to move the date from April 1 to March 1 for payment of the lump sum. Sweeney/Vierling moved that the lump sum payment to certain employees be moved from April 1st to the next pay date. Motion carried unanimously. The Council ' s consensus was to have the next Committee of the Whole meeting on Monday, February 11, 1991, at 7 : 00 p.m. instead of February 12th as originally set. Mayor Laurent adjourned the meeting to Monday, February 11, 1991 , ffl,t 7 :thi24 00 P.M{ Meeting adjourned at 8 : 50 P.M. udCox (.it'y Clerk Carol Schultz Recording Secretary "Iv 9q RS? Northern States Power Company Edina Area 5309 West 70th Street Edina, Minnesota 55435-3284 January 28, 1991 Telephone (612) 829-4500 Mr. Dennis Kraft, City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft, Please accept this letter as notice that NSP today has filed a request with the Minnesota Public Utilities Commission for an 8 . 1 percent increase, or $98.2 million, in electric rates for our retail electric customers. Not many businesses like informing customers of price increases. Northern States Power Company is no different. We have worked hard to avoid increasing the cost of providing you service and reliability you know and deserve. But cost controls and budget cutting can do only so much. The proposed 8. 1 percent increase compares favorably to an overall inflation increase (Consumer Price Index) of about 15 percent since our last authorized increase in January 1988. When inflation is considered, the "real" price of electricity continues to fall. We wouldn't be asking for a request if we didn't believe strongly that we need it to: -Maintain safe, reliable service to our customers -Continue environmental leadership -Provide for future energy needs -Cover increasing operating costs -And maintain a fair return to shareholders While we are never happy to raise prices to our customers, we are fortunate that we could do so and still maintain prices that are among the lowest in the region and around the nation. If you need additional information or have any concerns/questions about the increase, please contact me at 829-4504 . As always, I appreciate hearing from you. Sincerely, Stuart Fraser Community Services Manager G8hakope e CHAMBER OF COMMERCE CONVENTION & VISITORS BUREAU TO: Mayor Gary Laurent Shakopee City Council FROM: Kristen L. Converse Executive Director, Shakopee Valley Convention and Visitors Bureau SUBJECT: Annual Presentation to City Council Please find enclosed the Shakopee Valley Convention and Visitors Bureau 1990 Accomplishments and the 1991 Program of Work. I look forward to presenting in more detail the 1991 CVB budget and programs. $,� 5\*\ OSIA A 1801 Trunk Hwy. 101 P.O. Box 203 Shakopee, Minnesota 55379 612-445-1660 Shakopee CVB 1990 Accomplishments 12/19/90 January * Attended Minnesota Office of Tourism Winter Conference * Attended MACVB Winter Worksession & Conference * Designed & Placed Jan/Feb Home & Away Ad * Design & Print Shakopee Visitors Guide * Completed follow up from ABA Marketplace * Telemarketing to Group Tour Operators * Designed sample summer/early fall itineraries to Operators February * Winter/Spring ads ran in Fargo, Sioux Falls, La Crosse, Eau Claire & Thunder Bay * Attended Jackrabbit Trade Show * Attended Jefferson Travel & Trade Show * Attended IACVB Tourism/ Marketing Educational Seminar * Sales calls to travel agents in Sioux Falls area in conjunction with Jackrabbit Show * Metro Visitors Guide is published * Chamber Newsletter Insert * Design Thunder Bay Print Ad * Print new Shakopee Brochure * Cooperative sales calls - Kristen, attractions, motels - to group tour operators , travel agents, school , civic & Church groups - as schedules allow March * March/April Home & Away Magazine in Iowa, South Dakota North Dakota & Outstate Minnesota. * Winnipeg MACVB Sales Blitz - met with 18 Group Tour Operators , 28 Travel Agents & members of the media * Ran newspaper ad in Thunder Bay, La Crosse, Eau Claire, & Sioux Falls for summer attractions & lodging * Prepared Fall Itineraries & Mailed to Operators * Coordinated Travel Graphics advertisers April * Placed ads , interviewed & hired summer staff / Interns * Shakopee Showcase (Provided visitors guides & attraction/motel information) * Printed coupons for distribution at Thunder Bay Tradeshow * Did a Tourism Chamber Newsletter Insert * Placed Travel Graphics advertising * Coordinated a Hospitality Seminar - wasn't held due to timing May * Begin Summer Information Center Hours : M-F 8 : 00 am - 8 : 00 pm & Sat-Sun 9 : 00 am - 5 : 00 pm * Group Tour Operator FAM * Thunder Bay Trade Show - Distributed 25 ,000 bags that included the Shakopee Visitors Guide, attraction information, lodging coupons & motel information. ) * Printed community directories and distributed ( joint project with Chamber of Commerce) * Sales Calls to group tour operators that were ABA members or NTA members. June * Information Center was open seven days/week 8 am - 8 p,m * Institutes for Organizational Management for Executive Director * Chamber Newsletter Insert on servicing tourists * Continued Sales calls to group tour operators & travel agents. July * Dubbed additional Shakopee Video's * Information Center was open daily from 8 am - 8 pm * Printed additional city maps * Continued sales calls to group tour operators. * Formatted a lead sharing database for motels & attractions . August * Tourist information center was open daily from 8 am - 8 pm * Derby Days * Placed fall advertising for Renaissance Festival , Fall racing at Canterbury Downs & Fall colors . * Did a Chamber Newsletter Insert on the dollars spent by tourists. * Designed Winter Home & Away Ad * Telemarketing campaign to all group tour operators on lead sharing database. Lead information sent to all motels and attractions . September * Placed fall/Holiday ads in newspapers in the markets : Eau Claire, La Crosse, Sioux Falls & Thunder Bay * Sent & answered over 11 ,400 inquiries on attractions & lodging * Home & Away ads in Iowa, South Dakota, North Dakota & Outstate Minnesota * ABA mini-caucus to determine ABA appointments * Attended Fall MACVB Conference & Educational Workshop * Prepared 1991 Joint Venture Grant & Sent Application to Office of Tourism * Assisted motels by promoting Holiday packages October * Sent motel packages & winter info to former inquiries * Prepared & Mailed out 1990 Marketing Survey * Ran print ad for Holiday Shopping in Thunder Bay, LaCrosse, Eau Claire, & Sioux Falls * Designed Holiday Shopping Response piece for Home & Away inquiries November * Evaluated 1990 Joint Venture Grant & Filed Forms with Office of Tourism * Designed 1991 Marketing Plan * Published results of the 1990 Marketing Survey December * Attended ABA Marketplace selling attractions & overnights * Constructed the 1991 Budget * Finalized the 1991 Marketing Plan (copy attached) * Distributed the leads from ABA to Chamber member motels & attractions 71 Shakopee CVB 1991 Marketing Overview 12/18/90 January * Minnesota Office of Tourism Winter Conference * MACVB * Design Ad for Spring Home & Away & Submit to Office of Tourism for approval * Design & Print Shakopee Visitors Guide * Design New Shakopee Brochure & Submit to Office of Tourism for approval * Print insert for Visitors Guide * Print "Early Bird Coupons" for tradeshows * Telemarketing to Group Tour Operators * Mail out sample summer/early fall itineraries to Operators * Join Twin Cities Attractions Association * Dub additional Shakopee video's for distribution to Tour Operators * Cooperative sales calls - Kristen, attractions , motels - to group tour operators, travel agents , school , civic & Church groups - as schedules allow February * Jackrabbit Trade Show - Feb. 2-3 * Sales calls to travel agents in Sioux Falls/Brookings area in conjunction with Jackrabbit Show * February/March Going Places - Travel Magazine for Manitoba * Metro Visitors Guide is published * Chamber Newsletter Insert * Design Thunder Bay Print Ad * Print new Shakopee Brochure * Cooperative sales calls - Kristen, attractions , motels - to group tour operators , travel agents, school, civic & Church groups - as schedules allow March * Print coupon/flyer for All Canada Show at Canterbury Downs * March/April Home & Away Magazine in Iowa, South Dakota North Dakota & Outstate Minnesota. * Winnipeg MACVB Blitz * Run newspaper ad in Thunder Bay * Prepare Fall Itineraries & Mail to Operators * Coordinate Travel Graphics advertisers * Cooperative sales calls - Kristen, attractions , motels - to group tour operators, travel agents, school , civic & Church groups - as schedules allow April * February/March Going Places - Travel Magazine for Manitoba * Place ads , interview & hire summer staff / Interns * Shakopee Showcase (Questionaire for Organizations/Clubs Meetings/Conventions) * Print PAR coupons for distribution at Thunder Bay Tradeshow * Chamber Newsletter Insert * Place Travel Graphics advertising * Co-Sponsor Hospitality Seminar with Chamber of Commerce * Cooperative sales calls - Kristen, attractions, motels - to group tour operators, travel agents, school , civic & Church groups - as schedules allow May * Begin Summer Information Center Hours: M-F 8 :00 am - 8 :00 pm & Sat-Sun 9 :00 am - 5 :00 pm * Office of Tourism FAM * Group Tour Operator FAM * Thunder Bay Trade Show * Print "Bounce Back" Coupons for distribution at Visitor Information Center * Print community directories and distribute ( joint project with Chamber of Commerce) * Cooperative sales calls - Kristen, attractions, motels - to group tour operators, travel agents, school , civic & Church groups - as schedules allow June * Institutes for Organizational Management for Executive Director * Chamber Newsletter Insert * Prepare Winter Itineraries & mail to Operators * Joint Fundraiser with Chamber of Commerce * Cooperative sales calls - Kristen, attractions , motels - to group tour operators, travel agents, school , civic & Church groups - as schedules allow July * Table Tent Promotion for "Return FALL Visitors" * Dub additional Shakopee Video's * Print additional city maps * Cooperative sales calls - Kristen, attractions, motels - to group tour operators , travel agents , school , civic & Church groups - as schedules allow August * Derby Days * Re-evaluate income & expenditures for possible option of newsprint ads * Chamber Newsletter Insert * Design Fall Home & Away Ad * Cooperative sales calls - Kristen, attractions, motels - to group tour operators , travel agents, school , civic & Church groups - as schedules allow September * Home & Away ads in Iowa, South Dakota, North Dakota & Outstate Minnesota * ABA mini-caucus to determine ABA appointments * Fall MACVB Conference * Prepare 1992 Joint Venture Grant & Send Application to Office of Tourism * Assist motels in promoting individual Holiday packages * Cooperative sales calls - Kristen, attractions, motels - to group tour operators , travel agents , school , civic & Church groups - as schedules allow October * Send motel packages & winter info to former inquiries * Prepare & Mail out 1991 Marketing Survey * Chamber Newsletter Insert * Run print ad for Holiday Shopping in Thunder Bay * Design Holiday Shopping Response piece for Home & Away inquiries * Cooperative sales calls - Kristen, attractions , motels - to group tour operators, travel agents , school , civic & Church groups - as schedules allow November * Evaluate 1991 Joint Venture Grant & File Forms with Office of Tourism * 1992 Marketing Plan * Publish results of 1991 Marketing Survey * Cooperative sales calls - Kristen, attractions , motels - to group tour operators , travel agents, school , civic & Church groups - as schedules allow December * ABA * 1992 Budget * Finalize 1992 Marketing Plan * Cooperative sales calls - Kristen, attractions , motels - to group tour operators, travel agents , school, civic & Church groups - as schedules allow Chaaber of Commerce Income Statement December 11, 1990 Visitors and Convention Bureau Budget Account Jan 9l-Dec 91 Year to late -------------- Income 4100 001E1/MOTEL TAX 71,500.00 71,500.00 4130 i I;18E3I1OVES l 1C6.E i S 0.00 0.00 4150 IN'IERES1 780.00 780.00 4175 dISCEi_i.ANEIUS INCOME 7,275.00 7,215.00 roti Income 79,355.00 19,555.00 Cost of Sales -------------- Total Cyst sof Sales 0.00 0.00 dross Profit 79,353.00 799.555.00 Expenses 5009 Etill aVEE E APFU E 0.00 0.00 6010 Kristen Converse 19,080.00 19,020.00 6011 Dal ier,e Sciiesso 4,632.00 4,632.00 6012 Cornelia Berens 0.00 0.00 6013 Marlene leonnardt 0.00 0.00 6014 Joan Paine 0.00 0.00 6015 Secretary 0.00 0.30 60e` Other Salariei 4,500.00 4,500.00 6030 FICA Eaoloyor 2,154.00 2,154.00 6035 Unemployment Insuranc3 180.00 180.00 6040 Employee Insurannce 1,600.00 1,600.00 6045 Training 900.00 900.00 • 6050 OFFICE EXPENSE 0.00 0.00 6051 Office Supplies 1,500.00 1,500.00 6052 Dues/Memberships 670.00 670.00 6053 fravelgraphic, 1,900.00 1,900.00 6054 Postage 3,000.00 3,000.00 6055 felephone 2,100.00 2,100.00 6056 Equipment Repairs and Maint. 355.00 355.00 6057 Building Insurance: 0.00 0.00 6058 Building Repair and Maiot. 0.00 0.00 6059 Utilities 840.00 840.00 6060 Building Supplies 40.00 40.0u 6012'tleaslettor 264.00 264.00 6080 Copy Expense 3,000.00 3,000.00 1 • !:U3aGer o I:omaet rr incoac Stateaent Ilecesber 17, 1990 Visitors and i onven4Isi yili'c budget Account Jan 91-Dei: 91 Year to Hata 6090 Misr:. Expense 50.00 50.00 609 Rent 8,640.00 9,640.00 6500 ADVERTISING AND RIVING 0.00 0.00 6510 Print Advertising 6,250.00 6,250.00 6511 Visitors Snide 3,000.00 3,000.00 6515 Kr ochnres 4,000,00 6,000.00 6520 Ther Printing 900.00 800.00 6530 Video Pi a jes. 350.00 350.00 6550 Conventions ceAM1 1,000.00 1,000.00 6545 II aveiiiradeSho/ConvenLi(ns 3,650.00 3,650.00 6547 Ira.silows 650.00 630.00 65k8 ANA 1,295.00 1,295.00 6549 Conventions 100.00 100.00 6590 Misc. Advertising 0.00 0.00 Total Expenses. 79,500.30 78.500.00 Net Dr di has y inl.oa9 •1,05`.00 1,055.00 I0 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Sidewalk Replacement Project DATE: February 12, 1991 INTRODUCTION: A public hearing has been scheduled for February 19, 1991 to consider adopting the special assessments for the Sidewalk Replacement Project. Attached is Resolution No. 3362, which adopts the special assessments for this project. BACKGROUND: On September 4, 1990 the City Council of Shakopee ordered the advertisement for bids for the Sidewalk Replacement Program. On October 9, 1990 the contract was awarded for this project. This project consisted of removing and replacing all defective sidewalks located within Zone 4 which consists of the area south of 4th Avenue and east of Lewis Street. The project has been completed and all costs associated with this project have been identified. As established by the current City Ordinance, 50% of the project costs will be assessed back to the effected property owners. On January 22, 1991 the City Council of Shakopee set the date for the public hearing on the proposed special assessments for February 19, 1991 by adopting Resolution No. 3345. The total construction costs for this project are $23 , 850. 00. The total engineering/administrative costs are $2, 182. 00. The total project costs are the summation of those two amounts, which equals $26, 032. 00. Of this amount, $13, 016. 00 or 50% will be assessed back to the abutting property owners. Prior to levying any assessments on this project, the City Council must first hold a public hearing on the proposed assessments. The public hearing has been scheduled for February 19, 1991. At the conclusion of the public hearing, if the City Council wishes to adopt the special assessments for this project, attached is Resolution No. 3362 for Council consideration. ALTERNATIVES: Dependent on the testimony received at the public hearing, the City Council would have the following options available: 1. Adopt Resolution No. 3362 . I0 2 . Table Resolution No. 3362 . 3 . Deny Resolution No. 3362 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3362 , thereby adopting the special assessments on this project. ACTION REQUESTED: Offer Resolution No. 3362 , A Resolution Adopting Assessments for the 1990 Sidewalk Replacement Program, Project No. 1990-11, and move its adoption. DH/pmp MEM3362 la RESOLUTION NO. 3362 A Resolution Adopting Assessments Project No. 1990-11 1990 Sidewalk Replacement Program WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 1990 Sidewalk Replacement Program NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1992 , and shall bear interest at the rate of 8 . 0% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1992 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The City Clerk shall file the assessment rolls pertaining to this assessment in his/her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll . 1a Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney fa ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM PROPERTY CITY PID PROPERTY OWNER DESCRIPTION ASSESS COST 27-001576-0 Joseph Bisek Lot 10, Blk. 76 $643 . 06 $643 . 06 505 Sommerville Shakopee City Shakopee, MN 55379 27-001575-0 Sandra Kerber Lot 9, Blk. 76 $408 . 64 $408 . 64 314 E. 5th St. Shakopee City Shakopee, MN 55379 27-001574-0 Edward Siebenaler & Wife Lots 7 & 8 , $209 . 86 $209 . 86 322 E. 5th Blk. 76 Shakopee, MN 55379 Shakopee City 27-001573-0 David Kivisto Lot 6, Blk. 76 $382 . 99 $382 . 99 334 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001398-0 Marie Rein Lot 4 , Blk. 54 $427 . 17 $427 . 17 329 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001397-0 Violet Johnsen Lot 3 , Blk. 54 $434 . 29 $434 . 29 Rt. 1 Box 320 Shakopee City St. Maries ID 83861 27-001409-0 Lawrence Wherley & Wife Lot 5, Blk. 55 $955. 84 $955. 84 233 E. 5th Ave. Shakopee City Shakopee, MN 55379 27-001760-0 Charles & Mary Luebke Lot 3 , Blk. 102 $232 . 30 $232 . 30 317 E. 8th Shakopee City Shakopee, MN 55379 27-001768-0 Richard & Kathy Ginkel S 71 ' of 1 & 2 $152 . 14 $152 . 14 735 S . Spencer Blk. 103 Shakopee, MN 55379 Shakopee City 27-001769-0 Daniel & Margaret Siedow N 71 ' of 1 & 2 $222 . 68 $222 . 68 727 S . Spencer Blk. 103 Shakopee, MN 55379 Shakopee City 27-001590-0 Eugene Menden & Wife S 60 ' of N 120 ' $147 . 16 $147 . 16 615 Spencer St. of 7 to 10 Ex Shakopee, MN 55379 E 16 ' , Blk. 78 Shakopee City !b ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM PROPERTY CITY PID PROPERTY OWNER DESCRIPTION ASSESS COST 27-001595-0 David & Joanne Block E 50 ' of 3 $235. 51 $235 . 51 309 7th Ave. E. W 25 ' of S 71 ' Shakopee, MN 55379 of 4 , Blk. 79 Shakopee City 27-001594-0 Henry Haworth & Wife E 40 ' of S 71 ' $132 . 91 $132 . 91 307 E. 7th of Lot 3 & W Shakopee, MN 55379 10 'of 2 ,B1k. 79 Shakopee City 27-001592-0 Willmar & Ordell Roepke S 71 ' of Lots 1 $504 . 83 $504 . 83 635 S. Sommerville & 2 Ex E. 40 ' Shakopee, MN 55379 of S 71 ' of 2 Blk. 79 Shakopee City 27-001754-0 Florence Wermerskirchen Lot 8 & N 71 ' $357 . 34 $357 . 34 P.O. Box 465 of 6 & 7 Shakopee, MN 55379 Blk. 101 Shakopee City 27-001609-0 Martin & Patricia Rybak S 71 ' of 5, $264 . 36 $264 . 36 235 E. 7th Ave. Blk. 80 Shakopee, MN 55379 Shakopee City 27-001608-0 Rose Ricklick N 71 ' of 4 & 5 $219 . 47 $219 . 47 626 Sommerville St. S 1/2 of Alley Shakopee, MN 55379 Adjoining Blk. 80 Shakopee City 27-001593-0 Michael & Sandra Furrer N 71 ' of Lots $171. 38 $171. 38 1957 E. Shakopee Ave. 1 & 2 , Blk. 79 Shakopee, MN 55379 Shakopee City 27-001610-0 Joan Campbell N 71 ' of 6 & 7 $915. 23 $915. 23 234 E. 6th Ave. Blk. 80 Shakopee, MN 55379 Shakopee City 27-001612-0 Joyce Robbins Lot 8, Blk. 80 $440. 71 $440. 71 222 E. 6th Ave. Shakopee City Shakopee, MN 55379 ilb ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM PROPERTY CITY PID PROPERTY OWNER DESCRIPTION ASSESS COST 27-906129-0 Lawrence & Viola Boeckman 6 115 22 . 17 $203 .44 $203 . 44 530 E. 4th P/O NW1/4 SW1/4 Shakopee, MN 55379 Beg 121 W of NW Cor Blk. 208 Leremondis Addn W 60, S 125. 5, E 60, N 125. 5 to Beg Ex RR ROW 27-906108-0 Richard De Mers & Wife 6 115 22 . 18 $415 . 06 $415. 06 538 E. 4th 60 ' x 130 ' in Shakopee, MN 55379 NW 1/4 SW 1/4 27-906131-0 Dean Woodbridge & Wife 6 115 22 . 15 $190. 62 $190 . 62 548 E. 4th P/O NW1/4 SW1/4 Shakopee, MN 55379 Beg 10. 1 ' W of NW Cor Blk. 208 W 51 ' , S 130 ' , E 51 ' , N 130 ' to Beg 27-005005-0 Michael & Judith Gappa Lot 12 Ex E 15 ' $68 .78 $68 . 78 604 E. 4th Blk. 208 Shakopee, MN 55379 Leremondis Addn 27-005004-0 Paul & Lisa Gehrke W 20 ' of 11 & $129. 70 $129 . 70 612 E. 4th E 15 ' of 12 Shakopee, MN 55379 Blk. 208 Leremondis Addn 27-005003-0 Thomas & Cathy Odenthal Lot 10 & E 30 ' $203 . 44 $203 . 44 618 E. 4th of 11, Blk. 208 Shakopee, MN 55379 Leremondis Addn 27-005002-0 David & Deborah Rutt Lots 4 to 9 $280. 39 $280 . 39 630 E. 4th Ex Lot 7 & Erly Shakopee, MN 55379 10 ' of 8 Leremondis Addn 27-005001-0 Jerome & Verna Rein Lot 7 & E 10 ' $311. 78 $311. 78 638 E. 4th of 8, Blk. 208 Shakopee, MN 55379 Leremondis Addn /0 ASSESSMENT TABLE SIDEWALK REPLACEMENT PROGRAM PROPERTY CITY PID PROPERTY OWNER DESCRIPTION ASSESS COST 27-005010-0 Donald Plekkenpol N 130 ' of 11 $335. 46 $335 . 46 706 E. 4th & N 130 ' of W Shakopee, MN 55379 25 ' of 12 Blk. 209 Leremondis Addn 27-005009-0 John Mertz & Wife N 130 ' of 10 $142 . 52 $142 . 52 714 E. 4th Ex E 121/2 ' & E Shakopee, MN 55379 25 ' of N 130 ' of 11, Blk. 209 Leremondis Addn 27-005008-0 Gary & Janice Steffl N 130 ' of W 50 ' $142 . 52 $142 . 52 724 E. 4th Ave. of 9 & E12 1/2 ' Shakopee, MN 55379 of N 130 ' of 10 Blk. 209 Leremondis Addn 27-001404-0 Kurt Nordstrom Lot 10, Blk. 54 $357 . 34 $357 . 34 306 E. 4th Shakopee City Shakopee, MN 55379 27-001385-0 Edward Siebenaler S 1/2 of Lot 1 $924 . 86 $924 . 86 322 E. 5th Ave. & S 1/2 of W Shakopee, MN 55379 1/2 of 2 , Blk. 53 Shakopee City 27-001394-0 Rodney & Joyce Clemens Lot 10 & W 5 ' $769 . 88 $769 . 88 402 E. 4th of 9 , Blk. 53 Shakopee, MN 55379 Shakopee City 27-001568-0 St. Marys Church All of Blk. 75 $904 . 55 $904 . 55 535 S . Lewis Shakopee City Shakopee, MN 55379 27-001607-0 Gerald & Daphne Sager S. 71 ' of Lot 4 $177. 79 $177 . 79 227 E. 7th Avenue Blk. 80 Shakopee, MN 55379 Shakopee City TOTAL = $13 , 016. 00 $13 , 016 . 00 � ( MEMO TO: Dennis R. Kraft, City Administrato FROM: Lindberg S. Ekola, City Planner RE: Mineral Extraction in the R-1 and Ag Districts DATE: February 12, 1991 INTRODUCTION: At the January 22, 1991 meeting the City Council tabled the ordinance amendment which would delete mineral extraction from the Rural Residential (R-1) and the Agricultural (Ag) districts to the February 19th meeting. BACKGROUND: At the February 7, 1991 meeting, the Planning Commission continued the public hearing on the request for a Conditional Use Permit. The request if approved would allow a mineral extraction operation on an Ag zoned parcel. The continuance was recommended by staff for two reasons: 1. The required notification for the February public hearing was not made. Residents and property owners within 1, 000 feet of the proposed site must be notified by mailed notice. The notification of residents is unique to mineral extraction requests. 2 . The City of Prior Lake requested the continuance so that they would have further opportunity to review the proposal. RECOMMENDATION: Staff recommends that the decision on the ordinance amendment for the deletion of mineral extraction in the R-1 and Ag districts be tabled until March 19, 1991. This will allow an opportunity for the proposed application to be heard by the Planning Commission on March 7. ACTION REQUESTED: Offer and pass a motion tabling the ordinance amendment on mineral extraction until March 19, 1991. au: mineralx II k, MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Shakopee Comprehensive Plan 1990 - 2010 DATE: February 13 , 1991 INTRODUCTION: On January 15 and 29, 1991 the Committee of the Whole met with the Planning Commission and interested members of the community to review the draft Shakopee Comprehensive Plan 1990 - 2010. BACKGROUND: The purpose of the Comprehensive Plan work sessions was to present the variety of goals, policies and objectives to the City Council . The work sessions were also intended to help build consensus on the draft Comprehensive Plan at the Council level . Each of the twelve plan elements were reviewed at the work sessions. DISCUSSION: As a result of the work sessions a consensus was reached on the draft plan. Staff is currently working on making modifications to the draft Comprehensive Plan as recommended by the Committee of the Whole. A copy of the final draft will be made available to all members of the Council and the Planning Commission. Review and approval of the draft Comprehensive Plan by the Metropolitan Council is the next step in the process. Attached is a diagram illustrating the Metropolitan Council plan review process. The draft Shakopee Comprehensive Plan 1990 - 2010 is considered a major amendment. The major amendment review process allows the regional planning agency up to ninety days to review the draft plan. The Metropolitan Council may require the City of Shakopee to modify its plan if the Council determines there is an adverse impact on the metropolitan systems of highway and transit, sewers, airports, metropolitan open space, or if there is a substantial departure from the plans for these systems. COMMITTEE OF THE WHOLE: Approve the draft Shakopee Comprehensive Plan 1990 - 2010 and direct staff to pursue approval of the plan by the Metropolitan Council . ACTION REOUESTED: 1. Offer and pass a motion to approve the draft Shakopee Comprehensive Plan 1990 - 2010. 2 . Direct staff to take the appropriate steps to forward the plan to the Metropolitan Council for their review and approval . au: compcncl /PI C ) LU cu cip V E cv Vi CL E co Cr p V LU u / 9 cy9 > CL < Wcc o CC p C I -, Z ¢ 0 C- J m e o f Q. O O J c c cr cv . > 'LC °''-' 0 Z = cc E ° c 1 -(..5p o U Vc Q E z c � aE CD 0Icm 1— ¢ cc cr) .> m 3 a) cr 0 *1► _ `� > ° c c 0 V a c z cam }. 4► 2 0CL >-.:( ....� 8 - CC O 0L o_ O� �- Z o a m ca L - I [ c MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner Le RE: 1991 - 1995 Parks Five Year Capital Improvement Program DATE: February 13 , 1991 INTRODUCTION: At their meeting on February 7 , 1991 the Shakopee Planning Commission passed a motion recommending to the City Council that the 1991 - 1995 Parks Five Year Capital Improvement Program (CIP) as recommended by the Parks Advisory Board be approved by the City Council . BACKGROUND: 4 At their January 28 , 1991 meeting the Parks Advisory Board passed a motion recommending to the Planning Commission that the City Council adopt the 1991 - 1995 Parks Five Year CIP as was originally proposed. Attached to this memo is the CIP as submitted by the former Parks Director, George Muenchow. Also included is a listing of the Park Department priorities for the year 1991. RECOMMENDATIONS: The Planning Commission recommends that the City Council adopt the 1991 - 1995 Parks Five Year CIP as proposed. ACTION REOUESTED: Offer and pass a motion approving the 1991 - 1995 Parks CIP. au: parkspin • • �I • • • • •• . • • • • . if ;991 - 1995 CAPI;'AL I`fPROVE.`O NTs pROGRAm ETECUTrvE SUMYARY The City Council of Shakopee annually adopts a 5-Year Capital Improvement Plan. The plan is prepared by City staff and approved by the Planning Commission, prior to recommending approval to the City Council. The 5-fear Plan is utilized by staff for long range budgeting purposes , programming projects and for developing a priority list for the following year's projects. PARR DEPARTMENT PR_TOR_IT:ES FOR 1991 1. JET Park Due to the growth in this area, there is a great need for a neighborhood park in this area. The land was purchased 10 years ago by the City, but has never been developed. 2. Lion's Park Trail Extension Will be constructed in conjunction with the remainder of the Upper Valley Drainage Project, which will be done by Mn/DOT with the Shakopee Bypass. 3. O'Dowd Trail Needs to be constructed to connect with the trail currently being constructed in Stonebrooke. 4 . Hauer's 4th Tot Lot This park was initiated by the City Council and promised to the developer and the neighborhood. Has never been constructed. Due to the growth in this area, staff has received numerous requests from the residents in this area to complete the tot lot. SUMMARY The intent of this 5-Year Plan is to serve as a guide to the City Council to identify the future needs of the City in the area of capital improvements and to allow for the establishment of adequate funding levels to accommodate these improvements . The adoption of a 5-Year Capital Improvement Plan greatly aids staff in long range planning of projects and identifying the needs of the City for budgeting reasons and for maintaining adequate personnel to administer these projects. = u 5 N L O 3 7 O Lq • 4.4 U O w F — O w t • • C 2 a3 nt : > Y, U 2 rillm 0 ..., O _ 0 d. c. E40 Cl) g 1040 Z s< 14.1 113 W r S o a o 0 0 W N N p N O O W O — N N N y M M M 4 X 0 ii M .A ri 2 e • • • H >6. w[ Cw C• > > > 2 W Y O O 6 • 5 Y U a — a a a a. 0 a[ 0 ✓ ✓ Y Y • J 8 •C [• • K •L •[ . 1r N I. O Y JL Y L 0 0 0 L L L • • • • U 4 4 4 d 0 a 0 0 s $ 0 0 0 T .- O O N O O N N_ O .I N N V I N M M M M N M M W T N /n U C) Y N L T ✓ r w e _ U C 4 W Y — 0 si — w J — a yy. C • • I- C ow 4.- CC Yr06 4 0 Y - w — .c a — > a ›. !. J U u. Y J. C r N Y • ✓ N W O L y 6► 0 L W 2 • Y • r V O • L W 3 Y > ^ • a a C C �{ U K C. — — e L b L W C L 0. O • — -. O • • S Q 0 7• 0 W - > • C. 1 .0 1� N U t C. ]t C. .O .O .0 C I .3 1 . 1 I _ _ 1/ CO° I M Z g S g G 8 ppU. 2 w w M 0 w C0 0 J g S 8 O 3 & w M = w J u w — zNz $ $ O '^ C n vJ u P p0 — 0. N P `O r. M M J O Z < ~ p p W u.1 O S 6u N N N uj o S g r N Es M OC n O. w I C $ § G. & M N M 1 > ■ > • W Y > � 1 •> V M 41 Y Y 3 • •-• _ C/1 Y • a Y • .. .� i aC K ac w. M Y Y O Y Y 4- a L D 4 o6. U41 O. a. a. . LCD I CD § § § 0 § $ S T 41' fin a 0 .i n ' w O J ^ O N w M w w M T� iw N C) N M 0 u C) rr T q w N T . w _ - - * J w V Y C Y 7 - V < ea C a . d �' -, O u 01 ■ . •■ s in 0 C 41 0. a. • a. r 0 a .0 U �c — < L Y ac at W 1 = g , W ).. < 4.2 C . r G 0 G . C O OC 0 3 .• at Z S v Y 0 y� .O A O O P. A A A II 1 roii4 . . El - U ‘,.. .... 8 § I 0 - es o r.... se j < = 0 8 § Pin 0 a* go j = a— a-) I_. it •- o 0 cn 8 8 g 1.1 . .4: II0 ‘.1 g .... IV Pk H 8 •• Z = .. - .0 0 in 2 ,... 0 - ,,, 0 PJ g 1." I... PO 0 0. IV 4.4I t > 0 CC a. 11 41=. CAM 11 1MM• r•J 1 < • • a 3 a > ... — .... a > a > a > 4.I Z 61 i 46 • 5 t.- Is I. • ... • • .6 • 6. • 41 .... ... .. .6. i..1 6.. CL es cc 3 al . 4.1 sc ... IC IK a L. at -a 0 < 0 46 Cg ,•• a a a a 0 a ..., 11, CD I1J § 8 . .. . . . P.J i en u.. ow es es ee le e* ,......i /— .- ..e. . c 0 4.3 Cr) ... • .-.. ... 6 III • 0 ..I 3 a .... I. 8 .e - ,.. • . .•C ... .2 .••• • = Amm 409 • a. .c a. • e 3 • .14 a ... • ...I ..- ... I. AI .... MI I- .,- — i..J ..e .le ti "E ..... ..• . .• - 5 O. • ...I • .0 I- a a .., a. — .... u —• 6. a. a • • — a L. .... ILI .... .. • IR J C .... 1. ... 0 > Jo • 0 .. ..6 C.. O. ... I. 1. 8. - u .c K ; i • iiii .., ..t a 26c ; i go 1 oc 2 ICI X 02 •R. X 01 X X a. . . . . . . . . C .4. I,. •0 .4 .0 /.. .... P.. -- i lid . CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner L RE: 1990 Annual Report of the Board of Adjustment and Appeals and the Planning Commission DATE: February 8 , 1991 INTRODUCTION: Enclosed is the Board of Adjustment and Appeals and Planning Commission 1990 Annual Report. BACKGROUND: Each year the City Boards and Commissions are required to submit an Annual Report outlining their activities during the previous year. At their February 7 , 1990 meeting the Planning Commission passed a motion recommending to the City Council approval of their 1990 Annual Report. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the 1990 Annual Report. ACTION REQUESTED: Move to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1990 Annual Reports. PLANNING DEPARTMENT REPORT Year End Report 1990 Planning Division: Responsible for providing information regarding land use regulations for the public, reviewing land development applications for compliance with City Codes and preparing reports and recommendations for the Planning Commission and City Council. Employees: Position: Name: City Planner Lindberg S. Ekola Clerk Typist Aggie Unze Activities: 1986 1987 1988 1989 1990 Variances & Appeals 12 22 13 10 9 Conditional Use Permits 31 17 26 24 8 Plats 4 12 9 11 8 Rezoning 4 5 2 1 1 Code Amendments 13 3 8 7 3 PUD'S 4 1 3 1 Special Action 17 13 16 12 8 Totals 81 76 75 68 38 1 11 d 1990 ANNUAL REPORT BOARD OF ADJUSTMENT AND APPEALS Shakopee, Minnesota VARIANCES AND APPEALS DATE ACTION February 8th Variance Resolution No. 587 : Request for two 10 ' variances from the required 50 ' front yard setbacks upon the property located at County Rd. 16 and Roundhouse Circle. Public Hearing held. Approved. February 8th Variance Resolution No. 536 : Request variance to permit 14 parking spaces instead of the required 17 and allow a 1 ' side yard setback for parking instead of the required 3 ' upon the property located at 1038 1st Ave. East. Public Hearing held. Approved. March 8th Appeal Resolution No. 588 : Appeal of staff' s interpretation of City Zoning Ordinance Section 11. 03 , Subd. 3-C which states not more than one principal building shall be allowed on a lot and also an appeal on staff ' s denial of a lot split for the property located at 8970 E. 13th Avenue. Public Hearing held. Denied. April 5th Variance Resolution No. 589 : Request for a 52 sq. ft. variance on a wall sign from the required 100 sq. ft allowed upon the property at 8000 State Highway 101. Public Hearing held. Denied. April 5th Variance Resolution No. 590 : Request for a variance to the landscaping requirement son the property of Shakopee Town Square. Public Hearing held. Continued May 3rd. Landscape ordinance amended. Request withdrawn. May 3rd Variance Resolution No. 592 : Request for a 2 . 35 ft. variance from the required 5 ft. side yard setback on the property at 536 8th Avenue East. Public Hearing held. Denied. Appealed to Council. Approved by City Council on (date) . September 6th Variance Resolution No. 598 : Request for a 7 foot variance from the required 20 foot side yard setback on the property at 1008 South Market Street. Public Hearing held. Approved. 2 December 6th Variance Resolution No. 600: Request for a 30 foot variance from the required accessory building setback on the property at 3650 Eagle Creek Boulevard. Public Hearing held. Approved. December 6th Variance Resolution No. 601: Request for a variance to expand a nonconforming structure in a side yard setback on the property at 640 Gorman St. Public Hearing held. Approved. Respectfully submitted, Melanie Kahleck, Chair Eugene Allen Nancy Christensen Terry Joos Joan Lynch Dave Rockne H. R. Spurrier 3 cp • a rd co 4 U) 0 0.) co c (11'" 4 H U) co 0 0 - co O O O O O O N -4 1� z u t1 Z5 1990 ANNUAL REPORT SHAKOPEE PLANNING COMMISSION Shakopee, Minnesota CONDITIONAL USE PERMITS DATE ACTION March 8th Amendment to Conditional Use Permit Resolution No. 376 : To consider extension of hours of mining operations at 812 E. County Rd. 78 . Public Hearing held. Denied. April 5th Conditional Use Permit Resolution No. 591: To consider a Conditional Use Permit to allow a mining and extraction operation at Outlot A of Weinandt 1st Addition. Public Hearing held. Approved with conditions. May 3rd Conditional Use Permit Resolution 593 : To consider a Conditional Use Permit to allow outdoor storage of transportation equipment at 1644 E. Hwy 101. Public Hearing held. Approved with conditions. July 12th Conditional Use Permit Resolution 594 : To consider a Conditional Use Permit to allow retail sales at 1000 Valley Park Drive. Public Hearing held. Approved with conditions. August 9th Conditional Use Permit Resolution 596 : To consider a Conditional Use Permit to allow a 8 foot high fence at 7700 E. Hwy. 101. Public Hearing held. Approved with conditions. August 9th Conditional Use Permit Resolution No. 595: To consider a Conditional Use Permit to allow a vacuum cleaner repair shop in the home at 1794 County Road 18 . Public Hearing held. Approved with conditions. September 6th Conditional Use Permit Resolution No. 597 : To consider a Conditional Use Permit to allow a chapel in the residence at 8708 Boiling Spring Lane. Public Hearing held. Approved with conditions. Condition appealed to City Council 10-9-90. Approved. October 4th Conditional Use Permit Resolution No. 599 : To consider a Conditional Use Permit to allow a beauty shop in the residence at 2293 Park Ridge Drive. Public Hearing held. Approved with conditions. 1 I1 at 1990 Annual Report PLATS DATE ACTION February 8th Preliminary and final plat for Canterbury Park 4th Addition, 2 lots, located at County Road 83 and Secretariat Drive. Public Hearing held. Continued March 8th. Recommended approval with conditions. City Council approved 3-20-90 with conditions. Extension of time for filing with the County requested. Approved by City Council 9-18-90. February 8th Registered Land Survey #134, 9 tracts, located at 12th Avenue and Valley Park Drive. Recommended approval with conditions. Approved by City Council 2-20-90. March 8th Final plat of The Meadows 4th Addition, 42 lots, located south of 11th Avenue and east of County Road 79. Public Hearing held. Recommended approval with conditions. Approved by City Council 3-20-90. March 8th Preliminary and final plat of Hillwood Estates, 10 lots, located south of Vierling Dr. and east of County Road 79. Public Hearing held. Recommend approval with conditions. Approved by City Council 3-20-90. Amendment approved by City Council 5-15- 90. March 8th Preliminary and final plat of Valley Park 8th Addition, 1 lot, located south of Valley Industrial Boulevard North and west of Citation Dr.Public Hearing held. Recommended approval with conditions. City Council approved 3-20-90 with conditions. June 7th Preliminary and final plat for Valley Park 9th Addition, 1 lot, located on Valley Park Dr. , north of 12th Avenue. Public Hearing held. Recommended approval of Preliminary and Final plat with conditions. City Council approved 6-19-90. September 6th Preliminary plat for Valley Park 10th Addition, 18 lots, located south of Valley Industrial Boulevard South, west of Valley Park. Public Hearing held. Recommended approval of Preliminary plat with conditions. City Council approved 9-18-90. 2 November 8th Final plat for Valley Park 10th Addition, 2 lots, 3 outlots, located south of Valley Industrial Boulevard South, west of Valley Park Drive and north of 12th Avenue. Public Hearing held. Recommended approval with conditions. City Council approved final plat 11-20-90 with conditions. 3 // CI' 1990 Annual Report REZONING DATE ACTION December 6th Request to consider the rezoning of lots 1, 3, 4 and 5, Block 1 Eagle Creek Junction First Addition from an R-4 district to an R-3 district. Public Hearing held. 4 1990 Annual Report AMENDMENTS DATE ACTION July 12 Amendment to the Shakopee City Code Section 11. 29 , Subd 6 Part C regarding landscape requirements for commercial/retail complex centers in the B-1 zone. Recommendation to City Council . City Council approved 8-21-90 (Ordinance No. 292) . November 8 Amendment to the Shakopee City Code Section 12 . 08 allowing for minor subdivisions. Recommendation to City Council. City Council approved 11-20-90 (Ordinance No. 299) . December 6 Amendment to the Shakopee City Code Section 12 . 07 , Subd. 5 to adjust the park dedication fees required for subdivision plats. Recommendation to City Council . City Council approved 1-8-90 (Ordinance No. 302) . 5 //d 1990 Annual Report PUD March 8 Amend PUD for Shakopee Valley Square Properties, 1251 E. 1st Ave. , to allow for a Mini Golf Course. Approved with conditions. City Council approved 3-20-90 (Resolution No. 3207) . 6 1990 Annual Reports SPECIAL ACTIONS January 4th Determined Modification of Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project is consistent with the City' s Comprehensive Plan. City Council approved 1-16-90 . January 4th Established a Development Review Committee to provide a vehicle for City staff to review proposals with applicant. City Council approved 1- 16-90 . March 8th Recommended to City Council approval of vacation of easement in Valley Park 8th Addition and found that vacation does not conflict with the City' s Comprehensive Plan. City Council approved 3-20-90 . July 12 Reviewed and allowed additional overhead utility lines to service Northstar Auto Auction located on Valley Industrial Boulevard North because of undue financial concerns. City Council approved 7-17-90 . August 9 Amended and approved the 1991 - 1995 Capital Improvement Program and recommended approval by the City Council. City Council approved 9-11-90 . October 4 Approved the Comprehensive Plan and recommend approval by City Council. City Council approval pending. October 4 Passed a motion to approve a decorative street lighting policy and recommend approval by City Council . City Council approved 10-9-90 . December 6 Approved an interim ordinance adopting an interim official map for land located north of the south city limits; west of County Rd. 79 , also known as Spencer St. ; south of 10th Ave; and east of County Rd. 77 , also known as Apgar. City Council approved 12-18-90. Respectfully Submitted, Melanie Kahleck, Chair Eugene Allen Nancy Christensen Terry Joos Joan Lynch Dave Rockne H. R. Spurrier 7 d 0 U) U) co 0 U 0 r 0 J oco 0 (� ,D JJ 0 0 0- 00 O 0 U) a o O o 0 o O t11 C r f f V r-1 0 rn CA 0 .R 0 'H E rn 0 Ern 0 U • it-i Q .H o o 0 o rn � � 0 a ri cc a -i cN0 Q) cm0 1.1 LO Cr 0 o O O o J J T u-G.t-1�5 o U) U) 00 00 oC1 ,ri 0 coco o rd0 H 0 o Q4 co U) co O O O O O O t!1 C l"1 N .-i 0\ r 0 rico 0 U tri co 0 co a � Q4 0 U) O p O O 0 0 r•-1 N ^� �� T �u�rt� 1/C1 CYN 0 E co 0 °' u (11 H � � a H q oo 0 U) O O O O 0 0 �� T tx rt ZS O Q1 -I 0 H V1 tV! 4.)J E 0,E co -1 0 0 w 0 0 o 4\> . 0 H H ' 0 a H 4) 0 .r-1/ ,0 0 0 ,t U co ch O O O O O O Ln C' rh N -4 -4T " _'-' " /10 Memo To: Dennis Kraft, City Administrator, Members of Shakopee City Council From Mark McQuillan, Program Supervisor, Parks & Recreation Subject : Park Reserve Fund Usage Policy Report Date 2/05/91 INTRODUCTION: The City of Shakopee currently has a Park Reserve Fund policy requiring that 40% of the fund be used for land acquisition purposes, and the remaining 60% be allocated for development of park facilities. The current City Council asked for input on this issue from the Parks and Recreation Advisory Board. BACKGROUND Staff surveyed ten communities as to how they address this question of allocating park reserve funds for park acquisition and development. Communities surveyed included: Maple Grove, Champlin, Woodbury, Inver Grove Heights, Bloomington, Plymouth, Rosemount, Chanhassen, Chaska and Prior Lake. None of these communities use a formula differentiating as to what amount is to be used for acquisition or development. Bloomington did use a similar formula 10-15 years ago but did away with it. The City of Plymouth uses 30% of each dollar for neighborhood park development. The rationale for abolishing the current Park Reserve Fund formula is to allow flexability to purchase needed park land ar to develop parks when and where appropriate. The existing policy restricts the City from fulfilling immediate as well as future needs. ALTERNATIVES 1. Retain current formula of Park Reserve Fund for land acquisition and 60% for development of facilities. 2. Abolish current system of fomulation for Park Reserve Fund usage. 3. Establish a system of Park Reserve Fund usage differing from 1 and 2 above. PARK AND RECREATION ADVISORY BOARD RECOMMENDATION At their first meeting on January 28, 1991, the Park and Recreation Advisory Board recommended that the City Council abolish the current system of Park Reserve Fund usage formulation and that these funds be used as determined by the City Council. lzCU MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Sale of Property - Lots 3 & 4 , Block 52 , OSP DATE: February 12 , 1991 INTRODUCTION: The City of Shakopee owns two lots on the north side of 4th Avenue between Spencer and Fillmore Streets. Both lots are presently vacant. (See attachment #1) BACKGROUND: The City of Shakopee was granted the subject property when the railroad line to Prior Lake was abandoned. The City has owned the property for several years. The property was not sold prior to this time because of an encumbrance on the deed. This issue has now been resolved and the property is owned free and clear by the City. In keeping with City Council ' s desire to purge our inventory of excess property, staff would like to recommend that the appropriate City officials be authorized to obtain an appraisal of the subject property. Once the appraisal is completed, staff would encourage the City Council to advertise the property for sale. Staff does not see any benefit to having the City retain the subject property for future City purposes. The cost estimate for the appraisal ranges between $750 and $1, 000. The proposed appraisal was not included in the 1991 budget and there is not excess funding available within any particular program budgets. Therefore, staff is recommending that the cost for said appraisal be allocated from the contingency fund. ALTERNATIVES: 1 . Direct the appropriate City officials to order an appraisal of the property identified as Lots 3 & 4 , Block 52 , OSP at a cost not to exceed $1, 000. 2 . Do not order an appraisal of the subject property. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to direct the appropriate City officials to order an appraisal of the property identified as Lots 3 & 4 , Block 52 , OSP at a cost not to exceed $1, 000 with funding to be allocated from the contingency fund. TW:Lots 1v SOMMERVILLE � o 0 SPENCER Isrb Ot0Y!'■ 01 FILLMORE 41 .0, _ En o O11SENTIL 6 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Petroleum Refunds DATE: February 8, 1991 Introduction The City has been approached by a company that does petroleum refund processing. Background The City has been approached by a company that does petroleum refund processing. Petroleum Funds, Inc. is soliciting business for applying for petro refunds on behalf of various clients. It appears that the fee charged for the service would be based on refunds actually recovered and therefore the City would not be spending any money "out of pocket" . Attached is some of the information received. Alternatives 1. Use Petroleum Funds, Inc. 2. Do nothing. 3. Pursue refunds on our own. Recommendation Alternative number 1. Action Move to authorize staff to execute appropriate documents to utilize Petroleum Funds, Inc. to apply for refunds from the "Crude Oil Refund" . 1 - 6 APPLICATION FOR CRUDE OIL REFUND (Page 1) RF—2 72— 1. Name of applicant city: SHAKOPEE, MN (a municipality) Address: 129 E FIRST AVE SHAKOPEE, MN 55379 Names under which city did business between of SHAKOPEE, MN August 19, 1973 and January, 27, 1981: Applicant's contact: Tel. (612) 445-3650 2. To Whom should refund check me made out ? THE ABOVE NAMED MUNICIPALITY or: Petroleum Funds, Inc. Address to which check should be sent: POB 1380 Paris, TN 38242-9986 Agent contact & phone: Wm. Dan Brown -- Tel (901)-642-1208 3. Describe the nature of your business. How did you use the petroleum products ? Operation of a Municipal Government. Products used in city vehicles and other uses. 4. (a. ) Total gallonage for which refund is requested ? 7C)8 , 581 Gal. (b.) Please Identify the source or records used to determine this figure. (e.g. invoices, tax returns, general ledger or estimates) . If you estimated this figure, please explain fully how you arrived at the estimates. See attached estimate page, using municipalities in the State of MINNESOTA that have previously filed in these proceedings. Method of estimation furnished by agent, but I agree that this is a logical estimation method in lieu of records. I take no responsibility for the underlying data from which the estimate was derived. I hereby authorize Petroleum Funds, Inc. to retain a filing fee of $25 and a commission of 20% (Twenty percent) from any refund recovered by the filing of this application. If there is more than one payment under this application, then an additional $10 service charge may be retained for each additional check issued by the funding authority. I swear (or affirm) that the information contained in this application and attachments is true and correct to the best of my knowledge and belief, and that neither I, my parent firm, nor any affiliates, subsidiaries, successors or assigns have waived their right to a refund in any crude oil proceedings or elsewhere. I understand that receiving a refund in any branded refund proceeding does not disqualify us from receiving this refund. DUE TO LACK OF NOTIFICATION PRIOR TO THIS TIME, I HEREBY REQUEST THAT OUR CITY BE CONSIDERED FOR REFUNDS FROM ALL PREVIOUS, CURRENT AND FUTURE "CRUDE POOLS" OF FUNDS. Date Applicants Federal I.D. # or Social Security # or EXEMPT Signature of Applicant Title PETROLEUM FUNDS ,. Irzc . Io P.O. BOR 1380 / 309 N. MARKET St. , PARIS, TN 38242-9986 PH. (901)-642-1208 Feburary 1, 1991 TOLL FREE PHONE: 1-800-545-9640 RE: RE FUND for OVERCHARGES of up to $0.0015 per gallon for petroleum products your city systems purchased from Aug 19, 1973 through Jan 27, 1981 (95 months of overcharges) . GARY LAURENT SHAKOPEE 129 E FIRST AVE SHAKOPEE, MN 55379 Dear Sir or Madame; This will only take about ten minutes of your valuable time to recover up to $ 1,062.00 for your city's system. We have spent tens of thousands of dollars to simplify this recovery for you. Will you please give us that ten minutes? This is our third and last encourgement to you to apply for your justly deserved refund. There is no more time. It expires March 31, 1991. Since we started notifications in July of 1990, over 5,000 school systems, cities and countys have choosen Petroleum Funds, Inc. to represent them in these proceedings. We have filed almost 10% of the 85,000 claims filed in the U. S. for the Crude Oil Refund. Enclosed please find our required form to be filed with the Federal Department of Energy. It requires the verification of your city system's name and address, your contact person, your signature, title and FID # on the first page, after verifying that the estimate (page 2) is in line your usage of petroleum products. In item 1 please fill in the way your city did business such as City of, Village of, Town of, Township of, etc. Make a copy of the two page form for your files and return both pages of the SIGNED ORIGINAL in the postage free, business reply envelope provided. That is all there is to it. We just have to wait several months for the claim to be processed, as there have been about 85,000 claims filed and you will have gotten in on the very end of the process. Of course we will charge a fee for this service, but only when the refund money is recovered. See the fee schedule just above your signature on the fist page of the application. Please do not send any money! You pay only on receipt of the refund. If you are interested in the details, read the enclosed page entitled "Why". If that doesn't explain every thing to your satisfaction, then give us a call, toll free, at 1-(800)-545-9640. Even if you think you might have filed, send us the Claim as we will cross reference you again to make sure that someone else in your system has not filed, before we forward the claim to DOE. We could not find your city system on the "FILED" list as of the date of this mailing. Remember: Your Claim must be post marked out of our office by 31 March, 1991. We are processing thousands of these claims, so please return your claim promptly to insure that We have plenty of time to process it properly. Respectfully;. J Wm. Dan Brown WDB/kb 1,613 / z c MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 11404 "e SUBJECT: Murphy's Landing - DNR Trail DATE: February 11, 1991 INTRODUCTION AND BACKGROUND: Based on a site inspection by staff, it does not appear that relocating the Murphy's Landing fence to accommodate a DNR trail would be feasible nor desirable to the Murphy's Landing Board of Directors. Basically, the existing wooden fence is constructed on a berm that is anywhere from 10 to 15 feet higher than the surrounding ground. The berm drops sharply from the fence towards the highway ditch and also towards Murphy's Landing without a substantial flat area on top of the berm. On the Murphy's Landing side of the fence there are 5 to 8 buildings adjacent to the slope, with at least 1 building right up against the slope. To relocate the fence 20 feet north would require substantial fill material, negatively impacts the existing structures, eliminates numerous mature trees and bushes and would probably result in the fence itself being damaged to the point of requiring a new fence to be installed. Even if the existing fence were to remain and a second fence installed 20 ' north of that, the other negative impacts discussed above would still apply. Based on these environmental and aesthetic impacts alone, not counting the financial impacts of this alternative, staff does not feel this alternative is feasible. Staff also does not feel that this alternative would appeal to the Murphy's Landing Board. ACTION REQUESTED: No specific action on the alternative as discussed in this memo is being requested by staff. Staff is unsure what direction, if any, the City Council desires to go on this issue and the Council may wish to discuss it and provide staff with the appropriate direction. DH/pmp MURPHYS CONSENT J2. J MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director0-64112/ SUBJECT: 5th Avenue Project No. 1989-4 DATE: February 13 , 1991 INTRODUCTION: Staff is seeking City Council authorization to increase the consultant's fees for designing the 5th Avenue Project by $3 , 000. 00. BACKGROUND: In April, 1989, the City Council of Shakopee authorized staff to utilize Orr-Schelen-Mayeron & Associates, Inc. to provide engineering services for the above referenced project for an estimated fee of $21,800. 00. Due to numerous changes in the design as required by Shakopee Public Utilities, additional revisions were needed to the plans. As a result, the City's consultant is now requesting an additional fee of $3, 000. 00 to cover these revisions. Staff has reviewed the request and the reasons for the revisions and finds the requested amount to be justified. ALTERNATIVES: 1. Approve the request. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize an increase in the agreement with Orr-Schelen- Mayeron & Associates, Inc. to provide engineering services for the 5th Avenue Project No. 1989-4 by $3, 000. 00 bringing the total agreement to date to $24,800. 00. DH/pmp CONSULTANT /t°461 OESVis Orr Schelen Mayeron& Associates,Inc. 2021 East Hennepin Avenue Minneapolis,MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors February 8, 1991 Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. Public Works Director Re: 5th Avenue and Market Street OSM Comm. No. 4366.00 Dear Dave: After completing the above plans, they were reviewed by the water department. They wanted some major changes in the existing system which entailed redoing the Market Street section of the plans. This was an additional cost which was not anticipated. We are therefore requesting an addition of $3,000 to our existing extension agreement on this project. With this extension, the total design engineering on this project will be approximately 7.3%. This is well within normal project costs. Thank you for your consideration on this matter. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 1014e- Robert D. Frigaard, P.E. Associate /cmw 02/91-cos.dh * O Y. O * O * 00 s 00 * O * 0 * 00 r 1 * A * A * A * AA * AA * A * A * AA A CO * A * A * A * AA * AA * A * A * AA S W * 00 * N * A * AA s rr * O * O * 00 m O * O * r * 0 * NN * rr * CO * 0 (...)C.3 C) * O * co * CO * Co 03 s A A * O * W * 00 7C C) Z O < O 0 m 0 0 O 00 00 0 O 00 D N N N NN NN N N NN -( N r r r rr rr r r rr D W W W WW WW W W WW X CO CO CO CO CO CO(0 CO CO CD CO -V r r r rr rr r r rr m M D N r 3 /-.1... W r00N r WW Nr NN C - - - Z (D morvrO ow rr oo omr rr NN r r -i N �IA0000N rr WW AA 0)- 00 Wr O) WW ...WIN O 0NrVW VV AA NN NC1)V AC)00 rr 0000 v0v O OCn�)Na (0(O COLD CflNfl WO(fl -.JAW vV NN NON 0 00030...4 COCA 00 too 000 -Iv0 00 CO NCO 0)00) * * * * * * * * M C/) A A 00 CO CA >> -i Iii -4 I-+ >> 00 > m CO N 0 m-nrn-rim -1 CCC > '*) 2 000) 33 -A) m pp000 > 00000 D > HH 0 z AC) < CO N N N O Z 0 ZZ >> Z Co Z 3 m Z rCJ)Wrr r~ X P.C". 00 N C)C) 0 -4-4-4-(-1 W Z >> -4-4Z SS C) 00000 A -I COU) 00 00 S -4-1-4-4-4 m (/) 00 M73 w DDDDD 0 0 00 00Z 00 C) r-1-1-1-4- Z C)C) C) -4-1 X 3 AA m r-I ,...4r4 A 0 Z ZZ 1.-4,..4 m C) C)C) ZZ A I C)C) M U) •i m A ✓CNC)C) m N 0 mm m0 N OO I-I (0730>m m C -1 AA OC A C rir -I CODCOZ A -0 I 00 CM 0 V 00 m ✓►r-i►arn > v m MM H-v rn v C)C) 3 1=-473 I A Mr r 1--1 D R1 D D r-I 00 a-I N r-I XX 0 IC)Arr m N mm XM m m DD m mmr (/) 3 AA DN A Cl) *-4/..-1 (/) A <1"C.n M << - < ZZ C) 00 C M Z ..A.-'I A <DCOvZ 0 -i Pi MM-<200 < -C) a-410 •DDM 0 O 0aU3 1 • N m 0 Z A -4 0 4 T1 m C) C) 0 0 N WN 00 N 0 00 > ✓ r CJI r1- rr CO r rr C) 1 1 I I I I I I 1 I I C) A A A AA AA A A AA 0 ✓ N 0 CO W NN W N NN C A r r r/•-r Wr r r WW Z O 0 C0 00 NO 0 0 00 -4 a 1 a 1 1 1 1 1 1 1 1 ✓ CO CM ON CO W 0 W W r Z ✓ r N Vr Nr V N r00 0 ✓ r r NN rN 0 r rt..) • I I 1 I I I I I I 1 I r CO A AN WW A G) Wr H a- a- r rr Nr. a- N r00 Z WW rr COO AA W o) 0000 * 0 00 N • I r 0 W 1 CO St r 3 m v N D * at x• * * * * * N 0 A * * * * * x * at. 0 I I I I a a a I m C) 0 0 C) C) C) C) C) 0 0 0 0 0 0 (0 Cl) r * 0 0 * 0 * 0000000000000000 0 * 00000000000 * 00 r * A A * A * A A A A A A A A A A A A A A AA A * AAAAAAAAAAA * AA A (O * A A X. A * AAAAAAAAAAAAAAAA A * AAAAAAAAAAA * AA S (0 * 0 0 * 0 * 0000000000000000 0 * 00000000000 * 00 ( to.... * 00 00 * C) * NNNNNN(ANNNNNNNNN N * AAAAAAAAAAA * NN A * Co V * I- * (0(0(0(0(0 t0(0(0(O(0(O(O(0(0(0 W 00 * 0000 00 00 00 00 00 00 00 00 00 * C)C) T. C) r~ 1 1 0 < 0 O -41 0 0 0 0000000000000000 0 00000000000 00 > N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NN 1 0) \ \ \ \\\\\\\\\\\\\\\\ \ \\\\\\\\\\\ \\ rn 2 r r r r rr W W W W W W W W W W W W W W W W w W W W W W W W W W W W W W W WW X \ \ \ \\\\\\\\\\\\\\\\ \ \\\\\\\\\\\ \\ 0 (0 (0 (0 (0 0(0(0(0(0(0 0(O(0(0(0(0(0(0(O (0 (0(0(0(0(0000(0(0(0 (0(0 v r r r r 1...1-.. m M D 3 0 r C Z rr (0(0 rr 0 rr W N r NN -4 rr (0(0 0000 ONWrON A 00(0 NN WW JJ 0 00 NAr NN NN 0000 A(A000NJoo A(WVNNOOA JJ GOWN N A0Nr 00 00000 NN 00 00 00r(OrU00rVN00NVONOo(0 WW A(ONVNA(OWOor(0 * WWA NN 00 VV r00ANAr 0(0O)AVOC(ONN (O(0 r000Jo30)NOor1JtC0V V00(0 * * * * * * * C) A W matmcoCo0700000000W0000mmm W >>>>>>>>>>> DD D 0 M CCCCCCCCCCCCCCCC 1* --4-4-•1-1-11-1-1-1-I-i CC N v < 00U)00000U)U)000000 C 11 rn D MMMMMMMMhIMMMMMMM m 0.0.9*Q*9*0*2*S2..2*9*2* 00 M Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z .'O < z mmrnmmmMMMMMMmrnmm 111--1-11--1-41-1-4 00m A 0 ...0,,„,,,U),,..0, W m m 1 m 0 NNNfnNNNNU)(nN(nV)NU)(n 0000000000, z2 0 00000000000 11 0 M X 0000000000000000 r 33333333333 mm m CCCCCCCCCCCCCCCC -4 3 3 3 3 3 3 3 3 3 3 3 D D 0 Q) '7, -1 1-i--I-4 1 1 1 1-1 1 1 1 111 1--1-- 2 1 M '1',-r)TmT1 TT T'T TT TT TT T rel M 0 MMMMMMMMMMMMMMMM ow <) A 0 1 1 1 11 1 1 11 1 1 11--11 CC T. C C 1-1-1 1 1 1 1-1-1-4-1 1 1 1 1 1 M-0 M C) M M M M M M m m rn m m m m m m m M-0 = M -4 MMMMMzzAMMMMzMMM rr m U) 0000000000000000 « 0 4-1 U) -4 m m m C) N (n(nU)(nU)U)(nU)U)U)U)(n(n(nU)fn m 33111111-411 mo M 0 > c CCCCCCCCCCCCCCCC 0 M M m m rn m m m m m m O C -4 c 'O m 'GT'D'OTLTTTTv'OTTTT C UU)rrrrrrrrr CT m M 1-i T -13-17-17-1:1-0M-0-17M-0-13M-u-13-17-9 M A O m m m m m m m m m M T 3 V -4 D r r r r r r r r r r r r r r r r T T T m T'C T'CTT -or D A M M M M M M M M M M M M M M M M 2 2 2 2 2 2 S S S M 0 1 r m mmmmmmmmmrnmmmrnmm 3 000000000 3m m D (n U)(n U)(n U)U)U)U)(n U)U)U)U)(n U) D ZZZZZZZZZ DN U) M m 3 M m m rn m m m m m m M A 1 0 > Z z Ai -I C 1 1 -I t-( M v T 1 M 0 Z 0 0 0 -.41-00000000000000 0 00000000000 0 0 > r r r W N r r r.....r..... r r r.......rl- F...1-.. A I I 1 1111111111111111 I 1 1 1 1 1 1 1 1 1 1 1 11 A A A A A AAAAAAAAAAAAAA A A A A A A A A A A A A A AA C N N N N N N N N N N N N N N N N N N N N A A W W W W W W W W W NN C W r r rrrrrrrrrrrrrrrr W (OCONNNNNNNNN Wr Z N I- N 0000000000000000 N (O(0 NO -4 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 A r A V1--*(0C)AWWWW rrrrr rr A ArMAWWWrrrr AW Z A N W W(Or AN WNrrJCN WWNN N rWArWNr0)1SIWN Ar 0 r r w .......Wrrrr Nr0)r 0) r • I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 A r A Vr(DO)AWWWW A ArMAWWWrrrr AW IM A N N W(Dr ANW N r r V ON WWNN N rWArWNrM0WN Ar Z 3C 0 N I *-- 0 0 W ) CO *L r 3 M v U) > * * X. * X. U) 0 * * * * * > (*t * * * * * G) 1 I 1 I 1 m C) C) C) C) C) x x 7 x U) U) (n N N r * 00 * CO * 0 * 0 * 000 * 0000 * 00 0 * 0 * 0 r * AA * AA * A * A * AAA * AAAA * AA A * A * A C) (O * AA * AA * A * A * AAA * AAAA * AA A * Cr * A 2 (0 * NN * NN * r * r * rrr * rrrr * rr r * r * 0 m r * rr * 00 * (O * 00 * VVV * AAAA * rr r * 0 * W C) * 1-.1-. * AA * r * (0 * 000 * V V V V * 1/1L/1 A * C.) * r X C) r Z -1 0 -< 0 0 -1 00 00 0 0 0 0 0 0 0 0 0 O O 0 0 0 D N N N NJ N N N N N NJ N N NJ N N N N N -I N \\ \\ \ \ \\\ \\\\ \\ \ \ \ rn 2 rr rr r r rrr rrrr rr r r r D WW WW W W W W W W W W W WW W W W X \\ \\ \ \ \\\ \\\\ \\ \ \ \ 0 WW WW (0 (0 (O(0(0 (0(0(0(0 COW (0 (0 (0 SQ rr rr r r rrr rrrr rr r r r m m 3> 0 NJ r C Z 0)0)0)W (^)(.J -I Wrr rr A7 VV WANW N rrN NN 0000 NN OAO) NrG) (OCO 00 NO)NO) (00)00)0) (000 00 rr 0000 WW (0(0(0 00 00 ANION (OOCr00 ONC 00 00 WW C.)W0 NO)0) 00 00 VNVN rrV000 00000 00 00 rr * * * * * * * * * * 22 SS C) C) MMM rn(nmm C)C) C) C) C) 1 mm DD 0 N MI-IM DDDR 0 0 D ZZ 7373 < 0 737373 NOON S2 3 X M ZZ 3X C) ONO -•i-4-1-4 3 SQ W mm 00 -1 --1-(-1 3333 C < ZZ ZZ z H DDDD C)C) --1 Q m NN NN D Z -1-1-1 ZZZZ DD D m Z H 0 MMM 73M C 77 -i 0 Hf-I S2 Z CCC 0000 -0-0 0 C 0 00 00 rr NNN MWMM H 3 A M -i-4 (- CCCC --1 X CO 0 00 mm C)) 0000 rr 0 -1 0 S CC X7 m N 33 N 0 N f) m cold O { All mm 71 < XI z -0 H z z rn C) 0 iH N rn M mm ON C) - vvv --NN MO N m m r1 00 r C 0 73 DDD °MCC 1--C C 0 0 -( CC OM Z 0 -G« 00-0v 0v -0 C C m M H C)SQ 'T7 T H H I-I 1-fl 0 D OM -u H I-1 3 -0-0 r Z Z Z D 1-r- r r -0 v 3H Q+ N 00C) )NHH 3H H 0 33 DM m mrnmm Dm m 3 3 m DD H(A N M DDD M00 ►-IN N D D Cl) HH Z o < 0G)C) < Z H H C) zz -1 x rnmm -1 z z xi -I-1 O Z Z Z -i -i H O -(-ice SD r N -11T1-r1 N mmm 0 MMM Z 00 00 0 0 0)WW 0000 00 0 0 0 D rr rr r r O(ON rrrr 1-I-- r r r C) I I 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 I C7 AA AA A A A A A A AA A AA A A A 0 NN NN W W 0)0)0) WWNN NN N N N C WW Wr (0 r rrr Nrrr Wr r W W Z N N 00 0 0 N N N 0000 0 0 0 N N -1 I 1I I I I I I I 1 1 1 11 I 1 I I AW 0)0) W A 000 rW0)W MA A W A Z Nr WW r N 000 N r A W WN N r A 0 0)r 00 W r 000 00Nrr Or r r r I I I I I I I I I 1 1 1 1 1 I I 1 1 AW CAO) W A 000 r W CA W MA A G) A 1-I NI-. NN r N 000 N r A W NN N r A Z 00 N CO A N V Ot O N N •V I • I-. 0 Cf1 CO It r 3 m N D * * * * * * * * * N G) * * * * * * * * * D m * * * * * * * * * C) 1 1 1 I I 11 I 1 m 0 C7 C) C) C7 C) (7 C) C7 7 X X X X X X 7 X 0 0 Cl) 0 0 Cl) 0 0 V) N) 00 * 00 * 0 000000 * oo * o * oo * o * o * o r AA * AA * A 4.4.4.4.4.4. * AA * A * AA * A * A * A C) (0 AA * AA * A 4.4.4.4.4..0 * AA * .0 * AA * A * A * A x (0 NN * NN * N NNNNNN * NN * N * NN * N * N * N m r 00 * vv * O) 0)0)0)0)0)0) * AA * W * NN * N * r * r C) 00w * WW * o AA4:.4.AA * vv * O) * AA * I- * Co * 4. 7C o H Z -1 0 -< O oo oo O 000000 O O O oo O O O 0 NN NN N NNNNNN NN N NN N N N -a 0 rr I-r r I-r r rr r r r D WW WW W (4(4(4(4(4(4 WW W WW W W W \\ \\ \ \\\\\\ \\ \ \\ \ \ \ 0 (O(O (0(0 (0 (0(0(0(0(0(0 (0(0 (0 COW (0 (0 (0 -0 rr rr r rr r rr r r r rn M D 3 0 r r C Z r N r WW Wrr WW --4 0-4W V)NN I..1.•• Nrrr' r4. (Ow WW W00 00 rr rr (0(314. r(7)(11 00 0)v ACWV(11 -.JAW (0(O 000 AA (0(O AA 000-1 vWA (0(0 VNO)rWA(0 000 WW 000 AA NN 00 OA0) 000 vv 000W00400 000 0)O) 000 AA (0(0 WW * * * * * * * * * * DD 00 LXX,CXX rr )"I 22 S 0 N 3 r r r r r r Z MM Z D -i 11 ZZ D F-11-11-41-44-11-1 00 0 ZZ -•i < m 2= ZZ .= Z Z Z Z Z Z M z 1-1F4 —1 C)L)G)000 00 V) m m W 0 S < 00 (/)(n mm mm mm C) MM m m MM r r r r r r 0 Z Z C Z 0 XX ====== '0'07 mm CCCCCC DD DD -4-4-1-1-4-4 0r -4-1 --f C M MI-I MM NNNNNN mm 0 M A ZZ -4-1 Z -I-( 000)0)0)0)0) r =S m m r r (n -< 0 Itir 000000 -i 00 X ZZ L) )C)G)G)C) zz 00 • • 00000)0 v Am >m -4-4-4-1-4-4 N 0 MMMMMM 0 f-( 0 -1 M X/ 0)00 -1-1 v) 03030/03003 MO M 00 v -1 -4 rd rr zz C rrrrrr AC m 00 m z z -t 00 DD -0 000000 cm r zz 0 D D m G)G) << 0 C)G)G)G)G)C) I-(v Z '1'11 -71 < < X mm r yr 1 m m 33 rr r, 333333 r-1 Re Po (n r r 0 >> m >>>>>> 3 m Q° m In rr 9.9. (/) 1-1/-11-41-11-11-1 >0 (/7(l) i) Qe Qa Cl) ZZ ZZZZZZ 1-( v 00 < C) -4•--1 OW 1-41111 Z C =2 N 0 M CC -1 W 00 C C rt COM 00 0) 00 11 (n V) 1^1- (n N -( MH NV) r r I-( (n 0 (/> (n O -4-1 -i -4 Z oo oo O 000000 oo O oo v O O > .... r r r r r r r r r r r r r r r r r C) 11 I I I I I I I I I I I 1 11 1 I I C) AA AA A A AAAA A AA A AA A A A 0 NN WW N NNNNNN N N co WW W W W C WW WW r WWWWWW Wr VI (O(0 r W W Z 00 00 0 000000 N O 0 00 0 0 0 -i 1 1 I I I 11 1 1 1 I I i I I I I I 1 OW rr r 0)0)AWrr 0)O) 0) AW 0 A I- Z Wr Nr v AWNra)CO AA A rN w r N 0 Or rr r 1-401-.1--.N.)1-• rr r rr N r 0) 11 1 I I 1 1 1 1 1 1 11 I 11 I I 1 0)0) rr r 0)0)AW1-41-• 0)0) 0) AW A A r r-( Nr Nr V ANNrwoo AA A rN r r N Z ✓ A v CO w N = 0 0 0 N G) y 1 N • r.. 0 W O ?t 1••- mv Vs D * * * * * * * * V) C) * * * * * * * * D In * * * * * * * * C) 1 I I I I 1 I I m 0 0 0 0 0 A C) 0 (/7 0 0 0 0 CO 0 0 W 00 * 00000000 * 00 * 000 * 0 * 0 * 0 0 * 0 * 0 * r AA * A A A A A A A A * AA * A A A * A A * A * A * 0 W AA * AAAAAAAA * AA * AAA * A * A * A * A * A * = W WW * WWWWWWWW * WW * WWW * W * W * W * N * N * m r AA * WWWWWWWW * WW * WWW * N * 0 * 0 * W * W * C) 0)0) * V V V V V V V V * AA * rrr * 0 * 0 * I--' * 00 * r * 7 C) iv Z -i 0 -< 0 V T 00 00000000 0 0 000 0 0 0 0 0 A NN N N N N N N N N INN N N N N N N N N m = \\ \\\\\\\\ \\ \\\ \ \ \ \ \ 1-I-. 1-r rrr r r r r r A WW WWWWWWWW WW WWW W W W W W 7 \\ \\\\\\\\ \\ \\\ \ \ \ \ \ 0 WCO WWWWWWWW WW WWW CD W Co W W m 1-r 1-r rrr r r r r l M A 3 0 W r C r 0 rrAO)vr CJ U)Ar r 1-r 0000 NN 1-r --I 0 40WVU10W0(WA W1-/A 1-.U1 01 1-1-/ WW AA WW 1-r UTA W00VVWWr0oN O)Ulr WAWO WW O)C) O)O) UI U) C01.0 ON rWrC)UTAVVO WOW 0000 WW NN 00 0000 NN OV 0)NOOrAUIUICo 000 0000 t.0U1 NN 00 00 W1.0 * * * * * * * * 33 33333333 33 333 3 r r r m 00 1-H N M 1-I r H r ZZ N r N A 0 0 0 -I-1 ZZZZZZZZ ZZZ A Z C) C Z 00 z z z z z Z z Z << z z Z U) 0 r m < =77 mmmmmmmm AA = Az m 0)0000000 1-r- 000 A r IV -v AAAAAAAA 1-1- 000 r A C U) Z AA 000U)0000 mm 333 1- m z = 0 0 AA 00)000000 -<-< 333 -1-1 00000000 f2, m 0 0 N 0 C) NO mm M C) _ 1-1-- m Z 0 * N 0 m 00 Iv 0 W C) -0 N 7 V 0 M C) N N V M . A MM CCCCCCCC CC VV0 v (I, A c -u r AO --I-4-1-I-1-1-1-1 VV A A C C 0 m A -I CC rrrrrrINri 1-r 00V m C 3 0 0 m NN rrr rrr1-r 1--I- Mm-0 W r I"' 'Il 3 -o-9 rrrrrriI-IH 1-r r V V 0 VV-(-i-4-4-i-I -1-( 00N P. = 0 O 33 NHF-II-Irrrr 1-I o--1 mmm 3 C C) m m AA mmmmmmmm mm AAN U) A Z A N rtr-( U)U)000000 U)N << C Z 0 A m < O ZZ Al -i V N V Z -) r C) C V A 0 Z '-( r( C 0 I-I v rn 0 -1 V) 00 00000000 00 000 0 0 00 00 0 A Ir rrr•rrrrr 1-r rrr r r r A r 0 1 1 III I I I I 11 1 1 1 1 I I i I 1 C) AA AAAAAAAA AA AAA A A A N A 0 NN WWWWWWWW WW (4(4 N W N Co W W C WW vv'"IVVV V Vv rvr W W (') 0 I'-' Z NN 00000000 0 0 000 r N A N 0 V 1 1 1 1 1 1 1 1 1 11 1 I I I I I I I 1 AW 00)0)A.WW1.+1-. AW WrW W A 0 0 0) Z NN AWNNNr0000 NU1 1-Nr W A 0 0 A 0 Mr I-CNrrrNr yr rrr r r 0 0 r 1 1 I I I I I 1 1 111 I I I I I I I I AW 00)0)AWWrr AW WrW W A 0 0 0) N NN ANNNN1-0000 Nr rNr W A 0 0 A Z r 00 N 0 0 N 00 0 W N N r. -0 I V • I" 0 (a Co U r 3 M A CO A * * * * * * * * * 0 0 * * * * * * * * * A rn * * * * * * * * * C) 1 t 1 1 11 I I I m 0 C) C) C) C) C) C) C) C) U) 0 U) N U) 0 0 U) (0 A /Z .rL 0 * 0 * 00 * 000 * 0 * 0 * 00 * 0 * 0 * 0 * 00 4- A * A * A A * AAA * A * A * A A * A * A * A * AA C) CO A * A * A A * AAA * A * A * A A * A * A * A * A A = CD A * A * A A * A A A * A * W * W W * 4.1 * G•) * U) * w CJ m /- 0 * A * A A * W W U) * W * CD * CO CD * Co * V * C) * A A C) 0 * to * 0 0 * 00 CO 03 * 0 * w * 0 0 * V * 0 * w * 0)O) x C) I Z -1 O -< 0 0 m 0 0 00 000 0 0 00 0 0 0 0o n N NJ NN NNN N N NN N NJ N NN -1 (/) I- r I-1- rrr I- r I-•I-• r r r rr D CO W C.)C.) W W W W W CO W W W W C-)4.1 x \ \ \\ \\\ \ \ \\ \ \ \ \\ 0 CD CD CD CO CO CD CD CO CO CO CD CO CO CD CD CO 71 r r I-.o-• rrr r r I-..I-• r r r 1--I-• m m D 3 r--r 0 CJ C.) C Z F'- A N N O O 41 W N -1 r VIII OCDr rrrr NN CO CO co VO i-1.-- A AA i--•1.-• A CO C)) NN COAA 0000 00 NN 1-CON CO CO 0000 000 COAA 0 C)C) COrV 0)00)CO 00 0)O) C1I0 CJ1 CA 1.11 00 00 ANCO 0 CO C11 A A 0 0)0)0)0) 00 A A 000 CD CO 00 00 0N1-• I * * * * * * * * * * C 0 DD =XIXI m z 00 z 3 D 00 D V) 73 33 M 1-11-1 D -0 << --I x: 3 -i-1 Z f+ X 000 D DD I- D 00 Z -C V)C/) XI3333 N X -0 7333 < 0 ►4 MN 0 D11 N m z < DD rrr z C mm C) D v•v Z m m m DDD -i r r = D D D 0 PK m0 O mm -1-4 AD Z Poa P (11 o x; 0 C)C) CO -ice 30 X (ncn mAAAA H z V) N ) 7373 -< rn -4-1 O 0 G) N -4 N 0 N (/) . • • -I (A m x N N N XI M Z Z < A Z C)C) m O C) M V) m XI 0 U 'D v) N N V) 3 m C)C) c 0 0 m m Ii C C MC CCC 4-4 0 -1 C r 00 -4 -13 0v X13333 to C 00 1-1 m m C C m -0 -0 m-V m m-I) C) ►•I r N 0 1-11-4 3 r r r DDD v C)C) 1.-I vv M 11 NI-1 0C)0 __ -1 !?, 2* 0 m m mm m m m 3 C)C) 1-I 33 rn V) 0 7:3V) D r*) N V) DD V) < 3 I I ►-I 33 73 V) C C 1 Iy A DDD Z mm CO COZZ A -1-1-1 -1 0 0 N N -i-1 1-4 C) C) v 71 33 -1 N H 1-4 -0 v 0 -1 -I Z 0 0 00 000 0 0 OO CO r 0 0 00 A , I--• r I•-•0•-• rrr r r AA A r r 4-r A I I 1 1 I I 1 I I 1 1 I I I 1 1 [) A A A A AAA A A NN A A A A A 0 N N WN NNIN) A N WW CO W C) NN C ✓ r r r r r r CO W 0 0 V CO CO Ca CJ Z 0 0 0 0 Cf)U)C/) CO N N N 0 r r N N -1 I I 1 1 I 1 I I I I I I I I I I ✓ 0) C-)r AAA r W 00 r CO 1-• 03 Z NJ A C+)V CO W 43 r N 0 0 A A N N A 0 0) I- 1-t•-• WNN I- r 00 N r r CD l•-• • 1 I I 1 1 ) I I I I 1 I I I 1 I i-• 0) C.)I- A A A r W 0 0 r C) r 0)A 1-4 NJ A 43--.1 NNN I- NJ 00 A A NJ NA Z CD r 03 00 0- --.1 V CD CO CO O C/) U) 0 W W 3C 0 ✓ U) NC) NJ N CO 0 I • I-• 0 w Co *X r • X - V) D * * * * * * * * * * V) C) 3/1. * * * * * * * * * D rn * * * * * * * * * * C) 1 I ) I I I I I I I m C) C) C) C) C) C) C) A C) C) x x x x x x 0 0 0 0 N 0 V) 0 0 N Cl) * 0 * 00000000 000000 * 0 * 00 * O * 0 * 00 * 1-" * A * AAAAAAAA AAAAAA * A * AA * A * A * AA * C) (0 * A * AAAAAAAA AAAAAA * A * AA * A * A * AA * 2 (0 * 0 * 00000 000 0000000 * 0 * UiUi * A * A * AA * m r * r * 00000000 000000 * 0 * 00 * 0) * 0) * 00 * 0 * W * (0(0(0(0(0(0(0(0 000000000000 * N * NN * CO * r * VV * 7; C) N Z -4 0 -< 0 0 n 0 00000000 000000 0 00 0 0 00 D N NNNNNNNN NNNNNN N NN N N NN --1 N \ \\\\\\\\ \\\\\\ \ \\ \ \ \\ m = I-. r rr r r rr D W (4(4(4(4(4(4(4(4 (4(4(4(4(4(4 W WW W W WW M \ \\\\\\\\ \\\\\\ \ \\ \ \ \\ 0 (0 (0(0(0(0(0(0(0(0 (0(0(0(0(0(0 (0 WW (O (O (DCO .D I-. r rr r r rr m m D 3 0 r NN C - - - z W 00 r 00 0) MM N r r -( 00 NAAAAArAA AAU10)DAN 0000 UINN NN (0(0 r r rr OWWWWWUWW rMWAQ)(Or WW AVO) (0(0 NN CflVV UI O)•0) rAAAAA(DAAA VNONOON WW WAW V�J VV (0(000 0 0)0) N 0)WWW 0)00)0) CO ONAA000 WW .4N UI 00 U1 UI WVO) 0 * * * * * * * * * N (I)U)U)00000 000000 U) NN A A AA m DD M =2222222 000000 2 =2 0 0 >>>>>>>> CCCCCC > >> 0 -< 00 A XXX7CXXXX -•1-i-(1--1-4 XX > Z MM -1 00000000 2222270 0 00 0 0 00 m MMMMM-M ££££££ M MM r N MMMMMMmm mm mm mm m mm 0 NN z -1 MMMMMmmm 000000 m mm RI N 22 0 0 -(-(-I-I-i mm Z £ 00 0 MMMMMMmm OW0000 C) 00 m m 77: C) mmmximmmm CCCCCC 0 mm m r 2 <<<<<<<< WWWWWW m 00 -v 0 DD m NNNNNNNN CCCCCC 0 M I-I \\ C) 007000000 XIMMXIMM U) M Z 77M MMMMMMmm WWWWWW N 0 (0(D OW000000 >ADDDD C) R7 0)0) M Z Z Z Z Z Z 0 N 0 m C) t - NN M N rn M (n CCCCCCCC -v000 M -u mm W N 00 1'I C -(-(-I--I-1M-I-4 7370-1zPO71 z 00 r C DC •-1 m 1.41-4,-41-41-41-41-11-4 NN2NN0 0 C C 0 m mm rn m rrrrrrrr Zzmzz1 '*1 I-(N 0 m I-(v 3 r NNNNNNNN -1-1=-4-40 mm r Mrs N -1-i--4-1-4- -1 0 I N 1.1.., 0 m NNNNNNMI--1 P*9.1-i4 i-1 m 33 D m rm m (n mm mm mm mm 1 0 m DD N N N Cl) U)0000000 mmmm0Z < HN Z m C) CCmCCU ZZ -4 0 m WWOW0 -4M C r-1 < N -I M 0 Z 0 00000000 W W N 0 0 0 0 00 0 0 00 D ✓ r rr r r rr C) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 11 1 I 11 C) A A AAAAAA A AAAAAA A AA A A AA 0 N WWWWWWWW WW UIWW(J W NN N N (flN C 1-• VVVVV V-4V 00/-.001-. r WW W r 1--1-. Z 0 00000000 00(000(0 0 NN 0 0 1-.0 -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 I 11 W 0)07)AWW1-.1 U1 UI0Ar1 r AW r A WW Z WNNN1-.00C000 0000W1-.WV N Ar CO A rr 0 N prrr1ANr AWArr00 VI rN r r 1C) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 11 W 0)0)AWWr1-.1-. AAAArr r AW 1- A WW 1-I ✓ N NN N.)rCOM 00 rrrrW'l N Ar 0) A rr Z 3t 0 N • I • r 0 W W r mM N D * * * * * * * * N G) ,,. * * * * * * * D ru * * * * * * * * 0 1 I 1 1 i 1 , t m C) C) C) C) C) C) C) C) X 7 z 7: 7: U) 0 0 0 U) 0 0 0 0) . 000 * 0 * 0 0 * 0 0 * 00 * 00000 * 000000000000000 I �_ AAA A.* AA * AAA AA * AAAAAAAAAAAAAAA C) CO * AAA * A * A * A * AA * AAAAA * AAAAAAAAAAAAAAA Z CO * WWW * W * 0 * V7 * U00 * 001000 * (T(11NVIVl(11(11V1UICft�V7(11NN m r *. W * N * NN * NNNNN * rrrrrrrrrrrrrl-r C•) ICAO) * G3 * r * A * NN * 00000 * %..J....1..4,1-4-4-...1..4,1-4,4-.4...4-4-..1 0 H Z -1 0 - 0 000 0 0 0 00 00000 000000000000000 0 N N N N N N NN N N N N N N N N N N N N N N N N N N N N --1 V) \\\ \ \ \ \\ \\\\\ \\\\\\\\\\\\\\\ m x J.-1...o- I-•. r1-. 1-.J.-. ►- r r-.....1-.1•-r 1-* D W W W W W W WW W WWW W W W W W W W W W W W W W W W W X \\\ \ (0 ( \\ \\\\\ \\\\\\\\\\\\\\\ 0 CDCO(O CO W(O Cfl CO(D(OCO (D(D0(D(OW0W(D000O000 V rrr r r r r1- rrt•-rr m m D 3 W 0 V C I- N.M.) f- r Z A M A N N N W O N N A W 1 01-1-0 rr NN MM r(ON NI-•r r AW N C..)00)W►••01 VI(fl(0 WC0C00)Vr Oo0Woo WW 001 0)0) 0OU1 VINooNV VI WO0A0-.ON(f1,-.(f1(1100a0 ooVW U1O)VN) CTO) 0U1 00 000 AAWO)r0 NOO(OANO)NOCAOACO(DNA O)00)O VV 00 00 000 000000 V0O0rW00Cnoo0VNMm0 * * * * * * * 000 W V) V) (nV) (nU(nUV) N(nU)NNN(nN(nNV)NN(n(n 111 > D -I SS -I-1-1-11 MMMMM MMMMM-vvv'o - 1� M 3* m >> >>>>> C C C C C C C C C C C C C C C XX MMMIMM 000000000000000 '.0 0 M 00 X 7C X 7C x < M 000 = m N m ) mNNNNN Z NNN -im 0 I mm 000000 rrrrr __x C) 0 V) -I-1 mmmmm 0 2.» X H XXX' I- 2z ZZZZZ C) 000 I-I I..I 1-•(p.-,-1,..,,-1 m mmm 0C)) 000))GZ)0 n mmm m G) H N -I m 73 CCC 1 m U my 0)0)0)0)0) ZZCCCCcccccccc(n H -4--1--1 Xo 0 C XIV) rrrrr DD-(-1-I--1-1-1-1-I-I-1-I-1C -1 1-1-1- < C '0 00 00000 -1-41-11-41-1)--41-41-11-41-11-4)-ii-ii-IT) m 0L)000 rrrrrrrrrrrrV 3 HHH m mm I- MMI-41-0-ii-i)-41-11-41-40-1)-1,-IP-ii- -4-1-1 I- I-1 W 33333 111-11-1111111H0 HHH m mmO DDDDD 3C)HHHHHHHHHHHHm m mmm Q+ D Cu) =XI HHHHH mOmmmr*lmmrnmmmmmC 0 000 I.1 << ZZZZZ 1Z0U0000UUU0U0 C) () Z 11111 MZ M C 1 MM I-1 CO 00 V) -1 1 H N H 1 Z r00 0 0 0 00 00000 00000000000000000 D (fl r r r r r r r W W r r r r.....r r r r C) 111 I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C) A A A A A A AA A AAA A W W A A A A A A A A A A A A A 0 WWW W N N WW NNNNN MOOWWWWWWWWWWWWN C V V V W W r i.-.)- W W W W a :.)W V V V V V V V V V V V V r Z 000 0 N 0 00 00000 N)-•0000000000000 1 I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I-0)A r A W WW Q)Wrrp-- OOO)O(ACA0AAWWWrr-C) Z CONN V A r rr WNCO ao CO 00(JNNNNNNC71Nr00000 0 rrr CO r N WN 0I-PNr OONo00)NrVrrrrNrr I I I 1 I I 11 1 1 1 1 1 111111111111111 1-.0)A r A W WW Q)Wrrr 000(3)(TMMAAWWW -pW H CONN V A r rr NNoo CO Cb OONNNNNNNI-NrCoaor Z r O 0 4* 0 A IV W -0 I r 0 W CO a r I - (/) D * * * * * * * V) O * * * * * * * D m * * * * * * * 0 I I 1 I 1 1 1 m C) C) C) 0 C) C) C) (n V) 0 0 0 (n 0 V 0000 * 0 * 0 * 0 * 0000000000000 % O 0 * 0 * 0 i * A A (D AAAA * A % A % A * AAAAAAAAAAAAA * A * A C) AAAA * A * A A A * AAAAAAAAAAAAA * A A * A * A = W % U)I))N N U7 U)U7 UI Ul U1 U)U1 U1 * V1 U7 % U1 % U1 m r Wc CAO)(n * (4 * N * (N0 * 00 00 00 00 00 00 00 00 00 00 00 0)00 * V V * 1 % A C) WWW * W % 00 V % W % U) 7. C) 4.4.4.1,1-4 % 0 * * 1V * Z -I 0 -< 0 v ' 0 0 0000000000000 0 0 0 o A 0000 O N N N N N N N N N N N N N N N N N m 0 NNNN N N N \ \ \\\\\\\\\\\\\ \ X rrrr \ \ \ i r r r A (4(4(4(4 r r 1 G) w W x WWWW W W W W W W W W W W W W WWWW W \ \ \ 0 \\\\ (0 W\ \\\\\\\\\\\\ \ W W M (G(D(O(p \ W W W W W CD W CO(�(D W W(D IW-- r r r m 1-41-4/-41-4r r r m D 3 0 (.a('a r Z WW O )0) U)U) Air 1 U1r r 1-r 1-1-- NN —4 A 1-r NN (040 V 00000A OAr N NWN U1r 0)0) 1-41-4 (0(0 1-1-4 NAAUI 0)0) 0000 (!IN WWW A1-•0000AVV VvvW WO 0)0) (0(0 0141 N0)NW 00 WW 00 00(01�WOOG)CJWW0WW0) Vv 00 00 00 (G1-4V)-4 WW 1-1-4 00 N00(000V4(0(P00000000N(D 01147 00 00 00 % % % * {{-< £ H D C C C C C C C C C C C C C C C -•1 N AAAA A Z Z Z MAXIM CO r r 000UUUNUUN000 H N N D C 0 0 0 m H m ££££££££ ££££ 0 M C NNNm A -< mm mmmmmmmmmmm M 'fl '1 0 z 0000 0000000000000 X 0 0000 3 U 1-1 -1-1-4-4-1-1-1-1-1-1-4-1-1 U) N £ 0 NNNN Z -1 X - 0 ===x A N m 0000000000000 C 3 --1 0 n 0000000000000 Z A m 0 m vvvv m m A 3333333333333 1- N ££££ 3 m M 3333333333333 3 m 3 N n 0000 m r m 1-1 z n O C) 0000 Z Z -I A m 1-1 z M v 0 C) 1-4 V) m M NNNN C m m -4-1-4-4-4-1-4-1-4-4-1-4-1 U) V m N rm mm mm mm mm mmmmm C 0 A C "1 CaCC b- 'O rrrrrrrrrrrrr -o N 1Ca m m m m m m tC-1 0 mm m m m m m m m m m m m '0 -4 1-1-1-1- 1-1 M 0vv v vvMMvvvvM 11-1 3 -0 Ir-( v N XXX X S 2 2 S 2 2 S 2= m m mmmm 1F-1 3 m 0000000000000 m m D N N NNNN m A M Z Z Z Z Z Z Z Z Z Z Z Z Z U) 3* n 1-1 Z CO f-1 < mmmmmmmmmMmmm Z A-i -1 1--1 --I H 0 Z 0000 0 O 0 0000000000000 0 0 0 0 n 1 rrrr r r r I AAAA A pC) 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I A 0 A AAAAAAAAAAAAA A A A NNNN W N W W W W W W W w W W G1W W W N W N N) rrrr V W r NNNNNNNNNNNNN) r N G) I•" Z 0000 0 Na 0 0 0 N.) 0 -I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 I 1 I 1 11 I I ' NAWGJ V A O CA A A W W W r r r r r r r W W W A Z NNrr N.) A A ANrW Nr00V 141W Nr r N r 0 N r W N r r r r r r r r r N1-41- 1-41-4 r r N r r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II I 0)Aww v A 0) 0)A4*wwwrirrrrr W W W A 1-' NNrr N A A ANI-WN1-400 v0)U)WNr r r N A Z r A co Yt O W N - M 1 • r 0 W 1 W It r 3 M v N D % * % % Cl) C) * * % % * * * A m % * % * * 0 % * * * I 1 m n 1 ' 1 n n C) C) C) 7C 7C N Cl) 0 N 0 0 0 N CO / LJE- 0 0 0 0 0 0 0 0 0 0 00 0 0 0 * 0 * 000000 r A A A A A A A A A A AA A A A * A * AAAAAA C) (0 A A A A A A A A A A AA A A A * A * AAAAAA x (D 00 0o 0o Co 0o co 0o 0o co 0o coop 00 0o 0o * rn * rn w rn rn rn 0) m r r r r r 0 0 0 0 0 O 00 0 0 0 * 0 * (WW((.3(..3 C) W N I— 0 co 00 v 0) N A W W N r O * N * -40-4-400 x C) H z -4 0 < 0 O O 0 O 0 0 0 O O 0 00 0 0 O 0 000000 > T N N N N N N N N NJ N NN N N N N NNNNNN --1 (/) \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \\\\\\ m x r r r r r r r r r r rr r r r r > W W w C) W W W W (4 W WW W W W w WWWG)WW 7 \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \\\\\\ 0 co co co CD CO CO CO CO CO (D 00 (D (0 (D (D (D(0(0(0(0(0 U r r r r r r r r r r rr 1-- - r r m m D 3 0 C r rr rr (Tl cn rr cox) AA r -Z-1 N rr rr viol vv UI UI Vv 00 WN NN VV 0)0) AA AW Na O UWUI 00 00 00 Ul(n 00 4)1441 OO NN OWN 0003 Coco Vv (nul v03(.41AVVv 0 00 (.nU' 00 00 00 00 00 00 00 U104A 00 NN 00 -.4.-4 AOr(0I-C.. 0 00 UI UI 00 00 00 00 00 00 00 D)00) 00 UI UI 00 ww 0)UI UI(O 4 * * * * * * * * * * * * )4 * * Z 3 7K 3 3 3 3 3 C) 3 00 C) 0 > N -<-<-<-(-<-( z > D Z Z m Z Z X Z MM m M z H >MT.> I- M --1 C >> r > 0 rn Mvvvvz C) m m 0 v M M C) C•) U) MH r 0 rn C) CCCCCC X M Z m 0 0 m -I , -•I ZZ C C a r U)U)U)NU)N < H r v > < 00 r Z (I) rn U)(/)(n(n(n(n m N \ 3 -I r 0 r Mm 000000 Z \ v D C r D m D My M N 0 U)U)(/)000 0 M 0 z 0 -4 H m -{ C) 1 C) N H 0 0r I� -< v 0 D -4 z = 0 0 0 CC)) m=22=2 0 0 0 0 0 C) H m x Z Z > < v r m rn ZZZ ZZ x C) m m m v > C7 C) m w D * C) C)C)C)C)C)A C) > r Z 0 > A -4 000000 x > v -I -1 C ti W V v N 7( I r Z 0 Cl, O m N rn C) C Z 0 m Z D 4-+ m 0 0 r H N -4m m O 0 v 0 0 N v C) N N rn CI C) 0 Cl, m mm m aoa)Cn H c c v -4 -4 c v 0 C c Ac_ > 0 c 0 000rrC -4 m m H x x v 0 z v v CM v z v C CCCOOD rn U) N Z m m M 1 v v v 8.4-0 H -11 -0 H H1.-iH(.)C)'0 3 f2* 2* H v r-I-4 0 Q M H 0 1 4 > 9. 1r+ v v v v r (6 H H rn H rn rn3H 0 Cl) N 3 3 N 0 N N Cl) Zr',>CO r N N> >>>rr n N C C v v v Z 0 H m 0 H HHHZZ 0 CO 0) C v A l/) I Z 0 I Z ZZZ-1-4 m 0 U) 0) 0 0 0 -( C 0 -4 --q-1-4 H 0 C•) < < 0 H 0 v v v r v r -4 H H Cl) U) H v v 0 H H Z O O 0 w w O 0 O O 0 00 0 0 0 O 000000 > r 4- r r r r r r r r rr r r r 4- rrrrrr C) I I 1 1 1 1 I I I 1 I I 1 i I I I 1 1 I 1 1 O A A A A A A A A A A AA A A A A AAAAAA 0 (.) W C) (7) U1 N W W N N NN UI W N N NNNNNN C (0 (D UI r r r r W r r Wr r (O r W (4(4(4(4(41- 4-' r 0 (D 0 0 0 0 0 0 NO r O C) N N N N 0 0 0 -1 I I 1 I 1 1 1 1 I I 1 I i I 1 1 I 1 1 I 1 1 W w W UI UI r r r W A A0 W W O) A 4.4.4001 W 0 Z r r r v v v v 0 r A AA r r A A ANNWrA 0 r N r F.) N r 03 r W r rr r W r r rMr0rr • 1 I 1 I I I I I 1 1 1 I 1 I I 1 1 1 1 1 1 1 w W W A A r r r W A Ad) W W 0 A AAWCW0 H r r r r r v V 0) r A AA r r A A ANNNrA Z < r N 0 0 W U) O) 0 v iC 0 UI 0 v N (D CO 0 v 1 CO • r 0 w * r X v V) > * * C/) C) * * > m * * C) I 1 m C) 0 0 0 0 * 0 O o O O 0 0 0 0 0 0 O 0 r * A A A A A A A A A A A A A C) (O * A A A A A A A A A A A A A S (0 * 00 0o 00 00 0) 00 CO CO CO CO 03 CO m r N * N N N N.) N N N r r r r r r C) * C) 0 A W N r 0 (0 00 v O) U) A 7 r0-) Z --1 0 -< 0 0 0 O O O O O O O O 0 O O O A N N N N N N N N N N N N N m S \ \ \ \ \ \ \ \ \ \ \ \ \ I.-. r r r r r r r r r r r r D W W W W W W W W W W W W W 7 \ \ \ \ \ \ \ \ \ \ \ \ \ O (0 (0 W (0 (O (0 (O (O CO (0 CO 00 CO m r r r r r r r r r r r r r m > 3 O U) r C U) A r W W r r Z m v000 00 C)C)WA Or NN C)C) NN rr rr- rr rr r-I NN r 1 V r 00 A N O)A CD W N C)0 r A Vv (O(O 0O rr U)V) C)0 NN rr 00 O)C) rr AA N CO 400)(0 A C)N C)I-.A(4(O CO 00 AA ...IV U)0 00 00 00 NN AA (0(0 C)0) C)C) vV 0 N W O O r AN(O NNNUt CD W U)U) WW 0C) 00 00 00 00 VV 00 U)U) 00 NN O)0) 0 (0 0 0 0 0 A 0v0NAUi(0W 00 (O0 rr 00 00 00 00 0(7' 00 00 VV r-r 0000 0 * * * * * * * * * * * * )* * < G) N N) CO U) CO A =3 0 Z 0 Z m 1 0 T D 0 m D A D D ')-+1') -T)-n-*)-*)T)m r > xi Di C1 -D-1 W 0 r 0 -4 1 4 r CCccccccccccc r Z Z Z Z Z Z Z Z Z Z Z Z Z m -4 H m S m D m r 0 m 0000000000000 < S £ < z m (7 A N £ m )-I > 0 1 0 N Z D Z 000000-1 v 0)W W W N r r-O T 0 0 1-4 (n r 0 0 -1 -4 m -11 0 AWrWrO(ONrrU)Ar 0 N co m m 1 m '0 0 3 N 1 m -4-4-4-1-4-1-4-4-4-4-4-4-4 m 0 C 3 0 m W m 0 -< I 0000000000000 D Z C) D m73 0 Z Z m -1 -4-1-i-1-4-4-1-4-4-4-4 1r T. C 1 0 0 O O >>>>>>>>>>>>> C) 1 m > n m 0 rrrrrrrrrrrrr 0 0 0 0 X 0 z ),y N C) m zH m C) Z r G) 1-4 N 1 m m mC-O0C/)rrrrC)S1C) 3 V C) m X -O D W N D N --4 U) 4.4 013*1m00(0(0 mmm M m D 0 r m 0 r C 0 C W C 1 01-I-<0Z000000(OmDDZ 0 1-4 til C N 0 C V m C no D '0 m mrximm U)Ut C)rrr Zm A Z N N C) m r C) v r o < v 3 1-+0Ix ) > -4 (0m -4 -4 m -4 r 1 r m r Z1r DV) Jr 3> )-+D > m D 4-4 r -<r0 * m13r 1r Q° r D m m m rn m m �ZDv A 0 r N 0 U) 2. IN 11 C) =Mr-(O-M OX C C 0 Z = 1 N CCZ M r+<m Z W C 1r•! m Cl)U)D O W Z P= 0 r-i O 03 110 <OC) 0 m N1 m P11 A C)< rr X0m• m N 0 c mu) v3 -4 Z -4 z A. m r 1 m z r ( -r) -4 I-( C) c 1 Cl) Z -.) -< 0 0 r Z O O O O O O 0 0 O O 0 O O D ✓ r r r r r r r r r r r r C) 1 4 I I I 1 4 I I I II 0 A A A A A A W A A W A A A 0 A W VI N A W U) N N U) N W N C (0 0 r W CO r 0) W r C) r W r 1 (0 0 r N CO 0 0 0 0 0 0 0 0 1 I I ( 1 1 1 1 II 1 i I I ✓ W A A W C) 0 r W 0 W W W Z ✓ r A A r A 0 00 N 0 N r N 0 ✓ r r r W r 0 A r 0 r N r I 1 4 I I 1 4 1 1 I 1 1 ✓ W A A W C) O r W 0 W W W i( ✓ r A A r A 0 00 N 0 N r N Z W O) C) r 4) 00 r C) 0 4) 0 (4 * 0 r rn (0 0 N W 0 C) -0 1 r 0 W ) * r 3 R1 v V) D *s > m * m 0 7 r 0 0 7 2 � II-, 0 O\ 0\ I� H 0\ ' C 3 . 4- 4- vi \n H w c+ =O O N \O \O Co w `n \n H 0\ CD Co w - H ) H H 0\\ C N 0 O i r O\ C'1 I I I I d I- F-' I- I- • O O O O \O\O O m O O O O C co co a CCD .". cc+ H H PJ � ,v ,d n Czi 1 0 sr < xl n CD 13. Ill I 0 4r9- H • w I a v rn o 0 c \Jo \O 0 0 = 4- 0 0 0 `+ 4-- O O O c+ a - c) CO Si � o w cD o1-3 Oma\ 'H •ti n Cyn " O O\O D> \O p 3 H x a N oo -o N • w �+ o r n W w w w n 4' x •P" . . VD CO Co CO 0 O \o CO -4 z 0 Cf) C 0 O w �' `+ •Xa > 0 D> n •rs g o' CD C" H O m W (D • m H c+ c+ c) 0 Cf c) w 3 vi n O O . —1 ON 0 0 q:3 '.O O O O O O 0 0 0 o cc co co of CO CO CD CO Oo 10 O 0 1-4 --I Co 0w a 3 H H H H H H H H, H H HHH 1 H H 4" H, ' 4• (D O w \O \O \O 'O 'O VO\O\D \O w W w co w \n O\C\0\ cr ••. �O N N N co W fl) NN N N N N W H 0 H HH1-, H 'J1 w -4 W I-, CO R.) 0 H O 0 O W H N H NH O a • I-' 0 0 0 0 0 0 0 0 0 wwu 0 -4 0 W 000 n `=7 N 0 0 0 0 0 0 0 0 0 H N(.„) O H 0 H 0 0 0 c+ (D ON 0 0 0 0 0 0 0 0 0 HHH, O H 0 H 0 0 0 cr Is H 0 0 0 0 0 000 O wL 0 -4 o w 0 0 0 c N 0 0 0 0 0 0 0 0 0 H RJ Lo 0 H 0 H 0 0 0 P 'I t< Co OD-4 w 0 '=i 0 Co Co CO CO CO CO CO CO Co 0 0 0 -4 - CO 0 co w w 0 4-H H 4-H C H H H H H H H H H H H H H 1-, I--, 4- H fi- 4- .-I I I I I I d H 1-, H hH -, H H HH H 1•-, H I-' H F-H I-, F-, H H H 0 0 0 0 0 0 000 0 000 00 0 0 000 a t'i ro CO co C y H H H H H H H H H H H H H H H H H, H H H n � CO £ O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E H II H Ql co a C-) H 'moi _] H ti c 1 H 0 C7 .i 1 ,s a vJ c ,-1- ¢ 0 H 0 VI 1 -4C w N \i N 4- N >3 H �n w O H H N W\-n w 0 -4 H, O \O IIv�J C\ O N 0 0 'Si' \O -4 \..n\n w H 0 \O N CO ON O-4 O 0\`n CD N •tel 7 \J1 Hu-40 N Cow 0 Hu.) N 0\ 0, 0 z W O \o O C\ O O N \n OD O\ 0 0 \n O 0 O\n O H O -1 CD 0\ 0 0 00\ 4' 0 000 00 0 0 000 V c+ 5• (9•] 0 IN) 1:"---€4- 0 C7 �7 �7 OD �i �l �7 �1 = = Ti co C) C7 C] b H .-0 O w C CD CD CD CD CD CD (D CD CD 0Z O N l 0 N 1 CD 3 3 3 3 3 3 3 3 3 CD > `�i O b °G c�+ 1r CD CyJi (n r• r• r• r• r• r• r• r• r• c+ 'I • r• r• CD �n O v'1 \o CO H c+ c+ c+ c+ c+ c+ c+ ft cr 1v n O ct '1 C) 'O CJD CO H 0 R' Sicif N Crci (On O• N Co 4-1 N C d C7 OD b '=i CO (D m •at w a\ Co c ~ti ~ti 0 << a n 4-3 �3 C • t1i o� `+ H a H O H 0 0 0 N lD a II cn o > CO (DHii D PH 1v I-') r• c+<< W r r• < C) D • t=i c+ X. w w w w w w www w Www w W w co www , H 4- 4- 4' 4- 4 4' 4 4' 4' 4' 4 4- 4- 4- 4' 4 4- 4- 4 , x .O 4- 4- 4- 4' 4' 4' 4' 4- 4' 4' 4' 4- 4' 4- 4' 4' 4' 4' 4- 4 "o •\O "o 'O 'o 'D '0 'o 'D 'O \O'o 'O co co Oo Cp OD Cb co H 'O co �1 C\ v1 4' www N H H H 0p,a\ \n 4' w co w Z 0 • C/ "J 'tl b x = = = 3 C) - = C C b '•5 t=i t=i co P 0 CDD N X P co g r• OD t7C7 Z -i 3 to cr P CD 'I = a n aUDCC) 0 .n 3 b 0 (D c '•Q Q. c 0 C") CD '09 0 to E 0 iv 'S 1P-, t< x x 3 m c., CD x a c D CD � D co n- c+ 't7 P D CD cn P '0 o CD K 0 o H '•S 'o 'a c+ CD n CD O O CD 'I '0 C) 1- o O O HH 0\ vH w O H H N N N 0 0 \-T1 0 -1 w \_74 CA N -4 1 \n \-71w O VO O O O 0\ H O -1 OD 0\ 0 0 0 w Nv 4" O H H N H 0 0 VOFO 4 IV O co co T -J N -3 -r, O0 .Eft. a IJONSENT I 1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Prior Lake-Spring Lake Watershed District - Roy and Penelope Reed Easement Acquisition DATE: February 1, 1991 INTRODUCTION: The City has received the attached correspondance from Mr. James D. Bates, on behalf of the Prior Lake-Spring Lake Watershed District. Mr. Bates asks the City to sign the drainage and utility easement from Roy and Penelope Reed to the Prior Lake-Spring Lake Watershed District and the City of Shakopee. BACKGROUND: Some years ago there was an agreement between the City of Shakopee and the Prior Lake-Spring Lake Watershed District for the construction of an outlet channel in the area of Prior Lake. Certain repairs were later requested by the City. In order to complete the repairs, it was necessary for the Watershed District to obtain wider easements from three of the property owners down stream. In addition to the need for a wider easement, it was discovered that the original outlet was not always constructed within the original easements which were granted by some of the property owners. The Watershed District has now obtained the third and final easement needed to accommodate the repairs needed for the outlet and which easement does now accurately describe the property upon which the outlet is located. The new easement includes a wider area, from 20 ' to 70 ' in some areas. It is necessary for the City to be a part of this easement, because the property in question lies within the City of Shakopee. This easement replaces the earlier easement. It has been reviewed by the City Attorney, as to form. It is appropriate for the City to accept the easement and authorize the proper City officials to sign it. RECOMMENDED ACTION: Authorize and direct the proper city officials to execute the easement dated December 21, 1990 between Roy S. Reed and Penelope G. Reed, the Prior Lake-Spring Lake Watershed District, and the City of Shakopee. REED,ROY . MEMO TO: Dennis Kraft, City Administrator ICtiii41 FROM: Dave Hutton, Public Works Director SUBJECT: Comprehensive Stormwater Management Plans DATE: February 14, 1991 INTRODUCTION: Staff is requesting City Council review and approval of two Comprehensive Stormwater Management Plans, namely the Millpond Watershed and the Blue Lake Watershed. BACKGROUND: In conjunction with the Upper Valley Drainage Project, the City of Shakopee developed a Comprehensive Stormwater Management Plan for the Millpond Watershed. As part of this project, the City of Shakopee was required to obtain permits from the Minnesota Department of Natural Resources (DNR) and Minnesota Pollution Control Agency (MPCA) to discharge storwmater into the Minnesota River at the Millpond. As a condition of these permits, a Comprehensive Stormwater Management Plan addressing water quality and water quantity was required by these agencies. The Stormwater Management Plan for the Millpond Basin was also necessary for Mn/DOT to complete the design of the drainage facilities for the Shakopee Bypass. The Millpond Stormwater Management Plan was prepared in May, 1989 and a draft copy of the plan submitted to the City Council shortly thereafter. The final plan has not been adopted by the City Council. The City of Shakopee has also been preparing a second Comprehensive Stormwater Management Plan namely the Blue Lake Watershed. The impetus for preparing this plan was also to enable Mn/DOT to adequately design their drainage facilities for the Shakopee Bypass. The Blue Lake Plan was completed in November, 1990. One of the reasons that staff has not obtained the City Council approval for the Millpond Stormwater Management Plan was to enable the Blue Lake Stormwater Management Plan to be completed so that the City Council could review and approve both of those. Both the Millpond Stormwater Management Plan and the Blue Lake Stormwater Management Plan uses the exact identical criteria and assumptions. The main points of the plan can be summarized as follows: 1. For rate control, a minimum of 275 acre feet of ponding will be provided within the drainage basins. The majority of the ponding will be located in existing low wetland type areas. The ponds would be constructed as development occurs. 2 . The peak discharge rate of each pond would be set at 1/3 cubic feet per second per acre. 3 . In regards to stormwater quality, the National Urban Runoff Program (NURP) established by Dr. Walker was utilized. The NURP criteria for stormwater quality are nationally recognized and include the following items: • 1% of the drainage area should be set aside for storage. • The invert elevation of the discharge pipe shall be 3 feet above the bottom of the pond to allow for standing water to reduce sedimentation during retention times. 4 . The plan encourages the City to enforce construction erosion control measures, prudent fertilizer use, soil conservation and an adequate street sweeping program to prevent non-point pollutants from being carried to the Minnesota River. 5. The Jackson Township Stormwater Plan was incorporated and assumed since the majority of the Millpond drainage area is outside the City of Shakopee limits. Some assumptions had to be made as far as to how much water would be entering Shakopee from Jackson Township. The Metropolitan Council and MPCA are increasing their efforts to address the quality of the water in the Minnesota River by setting a goal to reduce non-point pollutants by 40%. These two stormwater management plans were developed to address this very issue and have been reviewed and approved by these MPCA agencies. The State of Minnesota also created water management organizations (WMO) for each watershed in the State by the Metropolitan Surface and Groundwater Management Act of 1982 . This law allowed each WMO to prepare individual stormwater management plans (called 509 Plans) for their watersheds. In the City of Shakopee there are four separate WMO ' s, the Shakopee Basin WMO, the Spring Lake-Prior Lake WMO, the Sand Creek WMO and the Lower Minnesota Watershed District. None of these organizations have an approved 509 Plan in place yet, but all of the WMO ' s have submitted their draft plans to the numerous review agencies for comments and approval . By State law, though, it could conceivably take up to two years to go through the review and approval process of these 509 Plans. Once the 509 Plans are adopted by the WMO ' s, the Cities located within those WMO ' s can adopt them or adopt some other stormwater management plan. Based on the draft 509 Plans, of which staff has reviewed all of them, it appears that these proposed Millpond and l Z4r,__ Blue Lake Stormwater Plans will meet or exceed the criteria in the 509 Plans for the various WMO's. Therefore the City will be able to adopt the 509 Plans and not effect these two stormwater management plans. Because of the timing of the Upper Valley Drainage Project and the need to finish the design for the Shakopee Bypass, it was necessary to prepare our stormwater management plans ahead of the 509 Plans. Attached are completed copies of the stormwater management plans for the Millpond Watershed and the Blue Lake Watershed. The Planning Commission has reviewed these and are recommending to the City Council that they be approved and adopted. These stormwater management plans will be also be in conformance with the recommended surface water section of the draft comprehensive plan which the City Council has recently reviewed for adoption. ALTERNATIVES: 1 . Adopt both the Millpond Watershed and the Blue Lake Watershed Stormwater Management Plans. 2 . Adopt only one or the other of the plans. 3 . Do not adopt either plan and request additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct staff to prepare the appropriate resolution or ordinance adopting the Stormwater Management Plans for the Blue Lake Watershed and the Millpond Watershed. DH/pmp lz • 4- Comprehensive _._ _ . Stormwater Management Plan 3 for areas in Shakopee 3y•� �- .:.";.;"•::X7--,';53.7-::::.41,.'---.'e-7-."'.-6:-'om }'. . W--s-.--,,-,--...-. h x •..f i > 3 a_ a _A�� ,fir ` �. dT a'a xw. vxq n t i Y-R4' H• .?•_'=- . 90-,. :+ '� -.1y. - - Y +l+,. 2 .�-fin 1�'i d. 4h ,4-1.`'SA �•+ Y .�. �q-g. .c i%n -.� � �# ,r yF '-� > ',--,,---1 4. _ -y. ;o 'a-b{.c '1"' -,.;f::•-....-4.:. r ryr{� A . ?e iL-,s W Y'�lf 1=' }<f -7- 'S+ >_?,, a:.Va.` .----;.e.t { t—./.1 thin,yam■ P Blue Lake Watershed (( • • a 7'' :prepared for. The Cit of Shako ee Y p November,1990 • 311 0;:++ ` r., tea: , , 4 r. j y 4� ,- air; 3aatiAA;=r i rtL-T. • "... :?:..v r s :fit , -- _- ), 2%, COMPREHENSIVE STORMWATER MANAGEMENT PLAN FOR THE BLUE LAKE WATERSHED PREPARED BY: ORR-SCHELEN-MAYERON & ASSOCIATES, INC. CONSULTING ENGINEERS, SURVEYORS, LAND PLANNERS 2021 EAST HENNEPIN AVENUE, SUITE 238 MINNEAPOLIS, MINNESOTA 55413 (612) 331-8660 OSM COMM NO. 3845. 50 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. v_. Peter R. Willenbng, P.E. Date: November 26, 1990 Reg No. 15998 Z; limited to: 1. The topographic information available for the City is accurate both now and in the future. 2 . The information provided on this mapping is up to date and if land use, hydraulic structures, or topography have changed since the mapping was completed, these changes are insignificant. 3 . All hydrologic structures and conveyance systems are clean and unobstructed by trash, debris or other material . 4 . An antecedent moisture condition of two will be present prior to the onset of the design rainfall event. 5. Water elevations in the stormwater storage areas were at their runout elevation prior to the design rainfall event occurring. 6. Future land use will be in conformance with the current City Zoning Map, and the runoff characteristics associated with this land use will be similar to the design characteristics outlined in the plan and used in the hydrologic model. Based on the above considerations, it is necessary to use engineering judgement when referencing the hydrologic information presented in this report. The information contained herein is intended to only be used as a guide. As development takes place and additional site specific hydrologic design information is available for a given area, the hydrologic model should be refined and the hydrologic design information for the watershed should be updated. V. IMPLEMENTATION PLAN A schedule for implementation of the measures discussed in this 3845. 50 11 designing retention basins to provide treatment and infiltration: 1. Peak rate of stormwater runoff at the watershed outlet to Blue Lake for the 100 year, 24 hour rainfall event will be limited to approximately 950 cfs. 2 . 1708 acre-feet of stormwater storage will be provided within the City of Shakopee to accommodate runoff from a 100 year, 24 hour duration rainfall event within the Blue Lake Watershed. 3 . Ponding areas will typically have a minimum surface area of 1% of the untreated contributing drainage area at an elevation equivalent to the retention basin runout elevation. 4 . Retention basins will have a pond bottom established a minimum of 3 feet below the detention basin runout elevation. The above standards have been used in the development of this Comprehensive Stormwater Management Plan. Table 1 presents the hydrologic modeling results utilizing the application of these standards for areas within the City of Shakopee and the Blue Lake Watershed. Appendix A provides detailed hydrologic information for each watershed. The overall drainage pattern for the watershed is depicted in Figure 1. IV. NOTES REGARDING USE OF INFORMATION CONTAINED WITHIN THIS PLAN The information contained within this plan was based in-part on background information that was completed by others and obtained from a number of different sources. In addition, due to the relatively undeveloped nature of the watershed, the hydrologic model had to utilize a number of assumptions that may reduce the accuracy of the data. These assumptions include but may not be 3845 . 50 10 / zjr- In an attempt to compensate for future reductions in pervious surfaces, the Stormwater Management Plan proposes to utilize the stormwater storage and treatment basins to serve as areas where infiltration can occur. It is estimated that the combined groundwater recharge rate over the 75. 3 acres required for "deadwater" detention storage could initially achieve an infiltration rate of up to 22 . 8 cfs. (The soils of this area are generally of hydrologic soil group B which allow infiltration in the range of . 15 to . 30 inches per hour. ) Given a mean depth of 3 feet, these dead-water storage areas could store 225 acre-feet of stormwater which could infiltrate at a rate of 22 . 6 acre feet per day. Based on this information, "deadwater" detention ponds could store and infiltrate 63% of the runoff from rainfall events having a 1 year return frequency 24 hour duration over a period of 10 to 20 days. It should be noted that it is likely these infiltration rates will decrease as sediment is deposited in the basin, resulting in a decrease in pond drawdown rates. D. Concerns of Regulatory Agencies It is the intent of the City of Shakopee to address the needs and concerns of regulatory agencies through the timely implementation of this Comprehensive Stormwater Management Plan. The previously discussed sections regarding stormwater quantity, stormwater quality, and groundwater recharge are intended to directly address concerns expressed by the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources. III. HYDROLOGIC MODELING RESULTS Utilizing the design criteria outlined in Section II, a number of hydrologic analyses were completed for the watershed. These analyses indicated the following specific design standards would need to be implemented to meet the desired objectives for controlling stormwater rates, providing stormwater storage, and 3845. 50 9 conformance with the recommendations developed as part of the Nationwide Urban Runoff Program. These design criteria include the following: 1. Stormwater storage/treatment basins will be designed to have a total surface area equal to approximately one percent of the untreated tributary drainage area. Given that there is a 7, 533 acre drainage area within the City of Shakopee covered by this Stormwater Management Plan, stormwater storage areas will encompass approximately 75. 3 acres. These basins will be distributed as uniformly as possible throughout the watershed. 2 . Stormwater storage/treatment basins shall have the pond bottom constructed a minimum of 3-feet below the outlet invert. Information developed as a follow-up to the NURP studies indicates that this design encourages greater sedimentation of suspended material, increases retention times, and allows for infiltration which serves to reduce the hydraulic loading from the basin. Providing this minimum depth in stormwater basins will also allow physical and biological processes to remove nutrients, toxins, and other pollutants between storm events. Such facilities may also reduce the pctential for scour by stormwater runoff by dissipating hydraulic energy. C. Groundwater Recharge The City of Shakopee recognizes that as the City becomes more developed, the amount of impervious surface areas will increase due to the construction of paved roadways, parking lots, and buildings. With this increase in impervious area, a decreased amount of rainfall will infiltrate through the soils and recharge the groundwater table. 3845. 50 8 / 2 j To prevent non-point source pollutants from being carried from the land surface, the City shall encourage the use of the following control measures: 1. The application of erosion control measures and/or • practices that will serve to contain sediment on sites where the vegetation is disturbed or removed, and prevent sediment from being transported off the site by stormwater runoff. Such activities shall be in conformance with the City's Erosion Control ordinance passed May 2 , 1989 and outlined in Chapter 12 of the City of Shakopee' s Codes and Ordinances. 2 . The prudent application of fertilizers to the minimum extent necessary to achieve proper vegetation growth. 3 . The prudent selection of fertilizers to assure that the nutrient content of the fertilizer does not exceed that required by the soil and that the application of nutrients that are already present in sufficient quantities in the soils would be limited. 4 . The use of mulching and tillage practices that would promote soil conservation and thereby reduce non-point source pollution. 5. Provide a street sweeping program that would serve to reduce the sediment and nutrient loading from the street surfaces. To address the second issue regarding removing non-point source pollutants that have already entered the stormwater conveyance system, stormwater storage areas will also be used as treatment basins. These stormwater storage/treatment basins will be designed and located in selected areas in 3845. 50 7 w s C7 to co Q Q O O Q co 0 co Q Q Q Q O co O O Q to co O r- cr Q . . ZZtocDZtfiv ) ZZZZ ccic(ir� Z . r. Z (ir� O W jF- W MM MMW �CO C)C) rnrn tiN 0 Z 1±11 v i 1- 0 I- to co 0 a. a. w 0 0 a 2 cc 0 U U < < 000 000091; N 7 0 W W CC CC 00 2 CL CC CC CCtr ct 0 OM W ww = } 1,„ =,, « D_ d. Q N Q Q Q Q cp N N Q ,� 3 Q r, 0 OF- Z r- ZZCnoZ LU r LZZZZ � cp � 'ctZco -- Z N < 0 F- Cn O N ' ' .7 (D ' C) N- C) ' ' ' O O 'ct Cb ' Ch C) ' CO) .7 w C) t` (OpD CD Or- Cn (D .- tri .- 6C) mi CO7 0 Y j co co C) co) co co co Qaco1� a) C co C) C) 70 CD Z Q w - D CL W �0 .-§ c1) w OOOOto '70CTCOLU000Oco. CDcoco0vv OCoC) co .''2 Y < ^ (DD OO7 O (7CnC7000OCU CD ((00O N xi O .7 Qom) 0 LlU N W Q Z Q WUZ mw2 g W YO Q = w Q _1 > U m W LL (n Cn Cn T co co CO p N tf) N N h. co (7 Q Q } W 5 tL cn co ' -, .- CD CI O (D N N C') Lo O co " O7 WD N . Z W Q O O U coNI- r- N •- N 't N D m m< worm o• x — co (n ¢ 0 0 WW Y H -- _ U> cn W _, (n (0N Cnr\ tor` N (0O Ntntn7rCN- N OC, Q0w - LLLL 8C) — NC) tf) O3C') OaNNC') (0C) ' N COTr C) CLrzF— (0 CD .— N N N C C O 7 — Q C7 M N N -- N LU .7 < C1- ‹ �J Z U 2 tL O — Di W I 0 Lu DpIL N 0U OgWcc WZz CAtotf cDr` 80NROTr T . r- toOg3coLO Nvm 0WUW • 0• . N CO NN co co cD to N () N co C') C') ZZ WO2E • m w Z m = O ° ww � F- W 0 — w < < 01L-1-1_ z m CncZ T d .7O O O CO .7 7 .7 .7 .7 .7 .7 .7 7 C) N .7 .7 7 .7 C') C') N- O C� Wl� 0 m D N N r-- r` r` r- r` N N r` N ` N N. N. N N. N.rr` N- N- CO (Cr-. Cr (n0Z U � ¢ p (D U- Li r; Z Lu wi- w0 0 (n ccn0i- ¢ ZILI Q cc N o Cn • (D LI) C) h N O O co o) to to C) (D CO N N co (0 C) Q W U (') C) N in .7 CO C) O N C) C7 F b r` C') C) r` C) Lo 7 h. r\ Lo a Cr = M N (') N N .- r .- N C') CO N to r` C) r- N v .- Q 0 0 O U W= CC J Q C) W F— _ O *- N C') .7 to (0 r` CO C7) O '- < CO )- W -- 5 0000000000000000000W CO00 W I— s C/) : F oi /IT Q t` * O o O o < o O < o o O < o < o .- t` o o o O N 't N- L) F- Z oly C7 U) N N Z 4 O Z N U) (D Z cO Z O N co 4 Ti (D O t-.: co r to W > ami• NNt- N.- N � ntin n a) aao",. 88c� ) 8x28) J J W 0 m m a Z a U a Lu U Z CL U - CL CL CL CL 000000 - - 00 - w aCx 0 MCLtYtz = (L 0Umm0 0 1- a}- ? � � Q LU DEQ w wW W cl- N OF— Zna- (� Q) cocoZNOZ ,- Z cnZc(SN � (o-) NN C W N -4- ) 0 Z 0 0 ' to it C') O 4 0) ' C') a0 ' O) (O C') ' a0 ' O O C7) r O .- U) Li) h C") O 0 O (o N to N N- N co to O (xi 'ct 4 f: ail N_ C10C') C') n W N C') C') Tr .7 et tt tt Q Tt N N N. op 0 CO CO CONCO a0 a0 a. Y t` N- NN. N. N. N- t` N- t` N. CO CO JO ¢ w ^ w EU -IL > a- w W 0 >- W O co co co CO CO CO O r ` n an O N tO CD O ,-- 0 0 Tr 01 (D n N N CO J Q O O 6 (D ci Co C7 O N a0 O O O .- o (D O U) C7 O (D CD O M C7 t` O t` N -- C') .- N V h h N N- N C') ¢ W Z OU v N .- 2 j [L W Q I- w Z __1 - __I 0 W W cn ¢ Y O < _.; crm w11. — w a H N ° U) co n N (n Co '- Ov. to et ,- N O O CCP ' .1' O 0 r to r CJ) r CT ~ CC mm coTtn (D ,- 3O — � vvv t` (oCD (D ,_ L � 0 OOU in cow Q YN MW Y Mo a � ln in an LC) N O (A ,- •- t0tn) CD , O C�' ,_ (ppOvvoOv `i' (n 0.) co = O Z a) a) .- ON n N O CND (D .~- ~ '- T O r c" Lo r .- co 0 ~ in co co I- w LI_ 2 O ~ rr ULp w C OU E W Z Z r. to o o 0 N- O ((�''�� 4 ^ p O tno O O co N o U) to (o C) O U7 Lu co c 7 N co U) r-- (D 4 CO CO OT ,- _ ,- r U) O U ~ U Q m Q I 0 m U w w m 0 0, cc 2N- O N N LO CO (D (D tf) N N CD N. N- to CO N N N .1- N O CO U , (n O N O CD o0 t` N t` c0 (D N (D U) to co N N N N N N N N CD N 0 v) O Z m 0 >- I W 0 in ZQ W _ Tr Tr (o, v co t` N O (p h N o N. h N V' N N O N co Q W co v co v" G7 tC) ,- N. Tr co co O N N (D O O N N to O o Cr Li) M CL U N to to .- N r � 'Cr CO 0 Q Q 0 LU I .. L CC � 3 a3 LU a a H ,- (y < CO O .- N r) v D J D J cc�� j Q N< < < < < < < < < < < < <C ‹ m m m m m m m m 00000 was established as shown on Figure 1 (See back folder) . Table 1, on Page 5, gives the pertinent information for each watershed. The stormwater runoff rates and storage volumes outlined above were determined using the Hydrocad Hydrologic Model. This model is based on Soil Conservation Service TR-20 hydrologic runoff and routing methodology. B. Stormwater Quality Stormwater quality design criteria have been developed based in part on the results of the "Nationwide Urban Runoff 'Program (NURP) " completed by the U.S. Environmental Protection Agency. Publications by Dr. William W. Walker, Jr. , and by the Metropolitan Council, which refer to and evaluate the results of NURP, appear in Appendies B and C of this report. The stormwater quality design measures were separated into two separate sections, the first dealing with measures that prevent the non-point source pollutants from being carried off the land by surface water runoff, and the second dealing with removing these non-point source pollutants once they have entered the stormwater conveyance system. 3845 . 50 4 / 42" the Blue Lake Watershed but outside the limits of the City of Shakopee was utilized in the hydrologic analysis for the Blue Lake Watershed. 3 . The maximum anticipated flow through the outlet structure of Prior Lake has been determined at 50 cfs. For the modeling and management analysis, this flow rate was assumed to be an operating constant. 4 . Stormwater runoff previously directed to a landlocked depression near the intersection of County Road 83 and the proposed Highway 101 Shakopee bypass will be redirected to ultimately outlet through the Deans Lake Outlet. 5. For the purposes of analysis all areas within the limits of the City of Shakopee were considered under the fully developed condition as reflected in the City of Shakopee' s land use and zoning plan. 6. The stormwater treatment provisions discussed in Section IIB of this report will be accommodated by the stormwater storage network proposed in this plan. 7 . If approximately 2 , 500 acre-feet of stormwater storage is provided within the 11, 560 acres of the Blue Lake Watershed, the flow rate in the Dean' s Lake outlet channel at Highway 101 (existing) would be limited to approximately 900 cfs for the 100 year return frequency 24 hour duration rainfall event. Based on the above observations, a stormwater control network 3845. 50 3 Section IV outlines how the plan will be implemented and Section V provides recommendations concerning this plan. II. DESIGN CRITERIA A. Stormwater Quantity The City of Shakopee recognizes that some level of rate control must be provided for stormwater runoff generated within the City. This rate control is, necessary in order for the City to achieve its desired objectives which include providing treatment for stormwater runoff, providing adequate conveyance and storage facilities to accommodate stormwater runoff, and addressing concerns expressed by -various governmental agencies. To establish the level of rate control most appropriate, background hydrologic information was reviewed and a hydrologic analysis was completed. Based on the above, the following observations were made: 1. Areas within the Prior Lake - Spring Lake Watershed District contribute a significant amount of stormwater runoff to Shakopee ' s stormwater conveyance system for the Blue Lake Watershed. As such, stormwater runoff from areas within the Prior Lake - Spring Lake Watershed District to Shakopee has a major impact on the management of stormwater within the City of Shakopee. 2 . James M. Montgomery, Consulting Engineers, Inc. , produced a design memorandum dated January 1989 entitled "Design of Remedial Measures Along Outlet Channel" . This design memorandum included a TR-20 Hydrologic Modeling Analysis for portions of the Blue Lake Watershed. Hydrologic information developed as part of this analysis for areas within 3845. 50 2 COMPREHENSIVE STORMWATER MANAGEMENT PLAN FOR THE BLUE LAKE WATERSHED I. INTRODUCTION This "Comprehensive Stormwater Management Plan" herein referred to as "the plan" outlines how the City of Shakopee intends to manage stormwater runoff within the Blue Lake Watershed, both now and in the future. The development of this plan was initiated by the need of the City to: 1. Establish specific limitations on the rate at which stormwater can be discharged from various areas within the watershed. 2 . Identify the general location and amount of stormwater storage to be provided. 3 . Address the treatment of stormwater generated within the Blue Lake Watershed so as to protect the quality of waters flowing to and in the Minnesota River. 4 . Respond to the concerns raised by the Minnesota Pollution Control Agency and Minnesota Department of Natural Resources for stormwater related issues. The plan contained herein is separated into five sections including this Introductory Section. Section II discusses the specific design criteria that were used to establish the various stormwater rate control, storage and treatment requirements that will be implemented to address the various regulatory agency concerns. Section III outlines the specific rate control, storage and treatment requirements for each designated area in the watershed. 3845 . 50 1 TABLE OF CONTENTS TITLE PAGE CERTIFICATION TABLE OF CONTENTS PAGE NO. I. INTRODUCTION 1 II. DESIGN CRITERIA 2 A. Stormwater Quantity 2 B. Stormwater Quality 4 C. Groundwater Recharge 8 D. Concerns of Regulatory Agencies 9 III. HYDROLOGIC MODELING RESULTS 9 IV. NOTES REGARDING USE OF INFORMATION CONTAINED 10 WITHIN THIS PLAN V. IMPLEMENTATION PLAN 11 APPENDICES A. Hydrocad Model Output B. Phosphorus Removal by Urban Detention Basins C. Design Calculations for Wet Detention Basins D. Minnesota Sediment Basin Standard 350 and SCS Technical Release No. 8 ; Sediment Basins E. Waterway Design Information F. Minnesota Diversion Standard 362 LIST OF TABLES Table 1 Tabulation of Hydrologic Characteristics 5 for Blue Lake Watershed LIST OF FIGURES Figure 1 Subwatershed Boundaries Back Folder Z1-1.-- report has not been formally established. This is to allow the City of Shakopee to schedule and construct these improvements in the most cost-effective manner possible. This will typically provide for the construction of large and small retention and treatment facilities as part of development activities in each subwatershed. The City intends to, at all times, provide sufficient and adequate rate control and treatment facilities to limit the peak discharge rate from the City of Shakopee to 950 cfs for a 100 year return frequency, 24 hour duration rainfall event. Information and design procedures regarding sedimentation basin design, open channel waterway design, and diversion channel design that will be used by the City to control erosion and maintain stable overland flow routes is included in Appendices D, E, and F. 3845. 50 12 • I. Z.,, ,,�r : .. - . • • , . . Comprehensive . _ ,. . . -... .,..E.--. - '?„. Stormwater_ . . . . __ . . ... . -..-.. : - ... . . Management Plan •. •.- . . . 1 • . . :.. - . . . .. . . _ . - - . • • _ . . , . ,.. .. , , . . .. •- .. . , ...... . . . . . . . . . : . , _. . . . . .. . . _ . . . . • . , . . . . . • .. • . . . . , , .. . . ._ , . . . ,. . _ _ .. • . _ . . .,. .. . .. . . ..... .. . . . . • . . . . ., .,„.. .. . . ...._ . - • - - ' - -- - for areas in • • Shakopee • ..• . ., . ,. . . _. .. . , . .. .._• . . ... _._ .. ._ . .. . .. _ . . •. _ . .. . . .. . ... •--,. .... .. . - ... . , .. . .. . _ . - .. .. . . .:• „.. .. , .•• _ -. i . . . • • _ . . •• . • • .• •• • _ • • • . . . .. . .. _ . . . . . . ..., . ._ . . . . . . . .... . ._... ... ...... . . . . .... . . .. ... • .:. . . . . ,. . . . .. . . ... • . • . . . . . . . . ... . . . .. ......•. • __. . . .. , • . .r.. • ... . . . .• . . ..: •:. . . . . _ _ _ . .. . . . ..... , . .... . . . . . _ .. . ..• .._.„. .„. . . • .. . . . . . • . , . .... • .... .."'-:'..-:......•. .-. .-.-. .•.._•..•..• --•.,-• .-•-•._.... .- _...•... __. ....-•-. .. within the. .. ..-. .- I- -.-:- ---.. . -. :Mill Pond Watershed .- . . . ..... ........ . . ,. .7 .• . . . .. . . • , . .. . . _ , . . . . • • . . . . . . . . . ... • ... . . . ..... . _ . . . . .• . . ....• . .. . . . . .. . . . . . :. _ .. . .. .. ... . . . . . .• . . . ._. . .. • . .. . , . . . ... . ... . . . . .. . • •. . . . . • •• • . _. . . _ . . ., . . . • ... • .., , . . . . . . . . . . , . . . . .. . . . . . , . .. . . _ . . . . . . , . ... _ .. .. . . . _ . .. . • . . , . . . _ . . ... . • .... .... . . .. .. . . .. .. ., , .. . .... . .. .. . . „ . . . .• .... . . . .: • .. , .. • .. .. . ..... :. _:. - - prepared for: The City• of Shakopee February, 1989 I' '--.4.:...-•—i11 7l T .. - ,5'-^t.--7-',- -7 'mss s—a .`.Y+ .4k. em ;L a-?j- ..- -`y< ."lam. ' • .( • +? "'r.2----•'''''''.'".''''.'''-.. -S/ - -- - - - . y.. iii - .3k4J.4sir....t- �TacL- e.,. -.....€....6.1....1. •. f^ __ L"' =i:�: !.�yji9lt-`'A�.- ':Ci..•Nssa'L``�dd.r.::��:�... .:aL:t_a.`._..:at,,v r_a�..._'sc....ti.s�.:i.ck aa.. ,r.,..d[�-.- Q9 Si to 4 r� t� Q _ °OD in q N - •D `3 ^ ' N 01 w .z_.. _ z :t oko is � 00 J V n .p• • .9, 6 yO O N 3) CI O O N c t > n M v 0 0 03 D U 2 C • • c �✓.� • os U o ^ ii. o 1 •§ ! . . . 2.2 22 t n '•ns� i w ��+ O • •�• ' A rY� tt • • O O V 8i2 ) i•M i . ,O O�6S (^ • s / ^ I i r0 �Jo 63o'9� Y o •• p n-- N prrl . :+ / No © _-0 0 vC1 v 0 o ssl?oJ oIc 6, ON ti� 0 01 Z Q ✓ �y0�` 00 o _ e r n0J. ;;r r- --71 r�1,J s��➢ s O g 4 a ,,,3' y • u TQ (o�J) 3 a 0 Z ‘44 riji 6 , r ® 6sO °?� 0 ® a 9 10 �� e r7 J1 s u 4 is. w o CA Is / 3 p • ui SJe 'I ) 64 O o06) t c oi d t. e ▪ o ON �` N. N. V064 • —0 ,s to, �. OBJ O ._ °- !Qasj u N E 0 4i 01—) _0 • O o1 s U li 6 ,,1' %.179 °0; ../ 4I t Ll t O • ,� q (d/0 (o J'0 • X03' o . r; kl r Iy ,t r J . ('917 6, ( 4f .n O I. (14.14 U 0 N tri O- l,y�J u M ITI CPO ) ►'1 (,ctr 9 7j 09 1 0 -O IV. IMPLEMENTATION PLAN The schedule for implementation of the measures discussed in this report has not been formally established. This is to allow the City of Shakopee to schedule and construct these improvements in the most cost-effective manner possible. This will typically provide for the construction of large and small retention and treatment facilities as part of development activities in each subwatershed. The City will however, at all times, provide sufficient and adequate rate control and treatment facilities to limit the peak discharge rate from the City of Shakopee to 645 cfs for a 100 year return frequency - 24 hour duration rainfall event. Maintenance of stormwater retention and treatment basins shall be the responsibility of the City or private property owner. In the case of a development where a single owner will sell the property to multiple owners, (i .e. property subdivision) , the City shall assume responsibility for retention basin maintenance. In the case where a single owner will retain control for a given parcel , the maintenance responsibility can be assumed by the private property owner. This action will also result in the private property owner receiving a reduction in their storm sewer utility fees. Failure of a private property owner to properly maintain such a system will result in the utility fees being increased and the City assuming responsibility for maintenance. -11- CONSENT 1 z MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR DATE: FEBRUARY 10, 1991 SUBJECT: SEWER T.V. CAMERA INTRODUCTION Staff is seeking City Council authorization to purchase a tractor-crawler attachment for our sanitary sewer T.V. camera for a cost of $6500.00. BACKGROUND In 1979, the City of Shakopee purchased a Cues Sanitary Sewer Camera, Truck and associated accessories. This camera is used for inspecting sewers, both sanitary and storm, for deficiencies and is essential for the Public Works Department to effectively determine the condition of the sewer system. The major applications for this equipment by the Public Works staff is to routinely inspect the condition of the sewers, inspect all sewers located within street reconstruction limits and make recommendations on upgrading, inspect sewers based on problems , citizen concerns or sewer back-ups and inspect new sewer installations for approval prior to releasing the contractor or the developer from the project. The current procedures consist of setting up cables and winches to pull the camera through the sewer from manhole to manhole. These procedures are somewhat out-dated and are very time consuming. A major constraint on the current equipment is the inability to inspect dead-end lines . While it would not seem likely that there are any dead-end lines in Shakopee, there actually are quite a few, especially in the storm sewer system. To alleviate this constraint, staff is requesting permission to purchase a self-propelled tractor crawler. In addition to providing the ability to televise dead-end lines , the crawler will cut our set-up time in half because it will eliminate the cables and winches required between the manholes and truck. Once the tractor crawler unit is positioned, it can be propelled through the pipe quickly by remote control from the truck. The existing camera can be attached to the crawler unit, so there is no need to purchase a new camera. The 1991 Sanitary Sewer Enterprise Fund has $8,000 budgeted in the Capital Equipment Fund to purchase a crawler unit. Staff has obtained a quote from Cues, Inc. for a Power Trac crawler for a cost $6500.00. s /Z No other vendors submitted a quote. Staff recommends Cues because they are the major supplier of this equipment in the industry and since our existing equipment was from Cues, the crawler will easily adapt to out existing equipment. Since this item is over $5 ,000, staff is requesting Council authorization to purchase, in conformance with City Council guidelines. ALTERNATIVES 1 . Approve the request. 2 . Deny the request. RECOMMENDATION Based on the increased efficiencies and the upgrading of our equipment to be able to televise all sewers, including dead-end lines, staff recommends Alternative No. 1 . ACTION REQUESTED Move to authorize staff to purchase a Power Trac Crawler from Cues, Inc. for a cost of $6500.00 from the Capital Equipment budget of the Sanitary Sewer Fund. 0 /c5? TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of 1991 Dump Truck DATE: February 15, 1991 Introduction The 1991 budget contains $60,000 for the purchase of a new single axle dump truck and related equipment. Total anticipated cost of the completed unit will run about $61,300.00. Background The 1991 budget contains $60,000 for a new single axle dump truck. Funds are already allocated in the Capital Equipment Fund for this purchase. This unit will replace the 1980 tandem as a front line unit and the Public Works intends to keep the 1980 truck on standby. The replacement of the 1980 truck has already been delayed by one year. The new truck is proposed to be equipped with a diesel engine in order to obtain more power than available with the propane powered units the City currently operates. Additionally, it is proposed to equip this unit with a front plow and a wing which will require more power to plow snow. Other equipment will include a sander but it not planned at this time to have an underbody blade on this unit. The Hennepin County Purchasing Co-operative contract for the 33,000lb GVW single axle dump truck has been awarded to North Star International Trucks. The body subcontractor for building the box is J-Craft, Inc. Because of the weight of the front mounted wing, staff recommends purchasing the heavier front axle and springs for this truck. The cost is as follows: Base bid $36,971.05 16,000lb front end 1,917.00 Radio 173.00 Dump body 7,532.00 thicker steel for box floor 64.00 Service manual 65.00 Additionally staff recommends Butterfly hood 273.60 Radiator mounted grill 91.20 Spare rim for front tires vs rear 104.00 Dealer total 47,190.85 Sales tax 2,375.70 Additional items recommended for the box Mud flaps in front of rear tires 100.00 Lever action tailgate 225.00 Joystick hydraulic controls 125.00 Total 50,016.55 rZ The quotations received for the equipment (plows and sander) on the truck are not complete yet and will be brought back to Council at a later date. The Public Works Director has indicated that the cost over the budgeted amount of $60,000 will be made up out of the existing capital equipment appropriation in Public Works. Alternatives 1. Buy truck as per above. 2. Modify above options. 3. Rebid truck on our own. 4. Do not buy dump truck this year. Recommendation Alternative number 1. This truck purchase has been delayed one year already and the City needs to maintain reliable equipment to deal with snow emergencies and maintain streets. The cut off to place an order under the Hennepin County contract is February 23, 1991. Action Requested Move to authorize the purchase of a 33,000lb GVW single axle dump truck from North Star International Trucks in the amount of $47,190.85 plus additional features in the amount of $450.00 from J-Craft, Inc. I3a) cOE\ISENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3357 DATE: February 8, 1991 Introduction The Logis Board of Directors has approved a change in the Joint Powers Agreement and Council approval of each member city is required to implement the change. Background The Logis Board of Directors has approved a change to the Joint Powers Agreement upon which Logis is based. The thrust of the change is to require notification of intention to withdraw from Logis by June 15 of any given year or that city will be required to compensate Logis for the budgeted revenues for the following year. The City Council of each member city has to pass a resolution authorizing the change in the joint powers agreement before it is effective. Alternatives 1. Approve the resolution. 2. Do not approve the resolution. Recommendation Approve the resolution. Action Offer Resolution Number 3357 A Resolution Relating To Local Government Information System (LOGIS) : Approving An Amendment To The Joint And Cooperative Agreement and move its adoption. MEMORANDUM 0 4./ NMI ■11©ooS � ■1■ • ■■ ■ DATE: January 30, 1991 TO: LOGIS Board of Directors FROM: Mike Garris SUBJECT: Amendment to LOGIS Joint and Cooperative Agreement On January 17, 1991 the LOGIS Board of Directors passed a resolution recommending an amendment to the LOGIS Joint and Cooperative Agreement. The final step in the process is to have each city approve and adopt this amendment. I have included with this memo three copies each of the proposed amendment to the Joint Powers Agreement and the resolution for submission to your city council. Upon approval, please return two signed copies each of the Resolution and Amendment to my office. I am requesting that all cities adopt this amendment by June 1, 1991. If you have any questions or need additional information, please give me a call. MG:pg Enclosures: /3 a' RESOLUTION NO. 3357 A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEM (LOGIS) : APPROVING AN AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT WHEREAS, the City is a regular member in good standing of Local Government Information Systems (LOGIS) . The City is a party to the joint and cooperative agreement (Agreement) under which LOGIS was formed and operates. The Agreement has been entered into by the City and other members pursuant to Minnesota Statutes, Section 471. 59 (Act) ; and WHEREAS, the Board of Directors of LOGIS have recommended that certain changes to the Agreement be made. Those changes are embodied in a proposed amendment to the Agreement (Amendment) . A form of the proposed Amendment has been reviewed by this Council . The form of the proposed Amendment is on file with the City Clerk; and WHEREAS , under the Act the Amendment must be approved by all regular members of LOGIS to be effective; and WHEREAS, it is found and determined that it is necessary and desirable for the orderly and efficient operation of LOGIS and the City that the Amendment be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that amendment No. 1, attached hereto and made a part hereof, is hereby approved. BE IT FURTHER RESOLVED that the appropriate City officials of the City of Shakopee are authorized and directed to execute and deliver the Amendment on behalf of the City. The Clerk is authorized and directed to transmit a certified copy of this resolution and the executed Amendment to the Executive Director of LOGIS. Adopted this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to (form City Attorney /3 '- AMENDMENT NO. 1 TO LOCAL GOVERNMENT INFORMATION SYSTEMS JOINT AND COOPERATIVE AGREEMENT The parties to this Amendment No. 1 (Amendment) are governmental units of the State of Minnesota. This Amendment amends certain provisions of the Joint and Cooperative Agreement (Agreement), effective May 1, 1972 which created Local Government Information Systems (LOGIS) and under which LOGIS operates. The Agreement and the Amendment are made and entered into pursuant to Minnesota Statutes, Section 471.59. Section 1. Article IX, Section 2 of the Agreement is amended in its entirety to read as follows: "Section 2. The annual budget of LOGIS must be adopted in the following manner: (a) annually prior to June 1 the Board will supply each member with a proposed preliminary budget; (b) annually prior to the annual meeting of the Board in July the Board will supply each member with a proposed budget adjusted for withdrawal notifications received pursuant to Article XII; (c) the annual budget must be adopted at the annual meeting of the Board in July. Promptly after adoption of the budget, the Board must mail copies of the budget to the chief administrative officer of each member. Upon adoption of the budget each member is obligated to LOGIS for the budgeted revenues and cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with this Article." Sec. 2. Article XII is amended by adding a new Section 2 to read as follows: "Section 2. A member who has not given notice of withdrawal on or before June 15 of a given year is obligated for the budgeted revenues and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX." Sec. 3. This Amendment is effective on the date that identical Amendments and resolutions authorizing their execution have been filed in the office of the Executive Director of LOGIS. /3 IN WITNESS WHEREOF the undersigned governmental unit has caused this Amendment to be executed on its behalf by its duly authorized officers as of 1991. CITY OF By -- ------Its Mayor By - —_ Its Filed in the office of the Executive Director of LOGIS this day of , 1991. Executive Director 5 O1\iSET 1 3 6 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointments to Park & Recreation Advisory Board DATE: February 13 , 1991 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 3354 which makes appointments to the Park and Recreation Advisory Board and supersedes earlier actions by City Council making appointments. The resolution was prepared at Council ' s request. It appoints an eighth member to the Board, Mr. Johnson, for a one year term. It extends the terms of the original appointees an additional year. It reduces Mr. Tomczik' s recent re-appointment from three years to one year - in order to allow staggered terms on the Board. (You may remember that both Mr. Johnson and Mr. Tomczik were originally appointed for a one year term. I have spoken to both Bob and Steve since the last council meeting advising them of council ' s intent to set their appointments at one year, as originally intended. ) This new advisory board began meeting in January of this year. These appointments set terms for full one, two, and three year terms, correcting earlier appointments which were set to expire earlier than desired. RECOMMENDED ACTION: Offer Resolution No. 3354 , A Resolution Making Appointments To The Park And Recreation Advisory Board, and move its adoption. PKAPPTS 13b RESOLUTION NO. 3354 A RESOLUTION MAKING APPOINTMENTS TO THE PARK AND RECREATION ADVISORY BOARD WHEREAS, on July 17 , 1990, appointments were made to the newly created Park and Recreation Advisory Board; and WHEREAS , January 22 , 1991 appointments were made to fill two expiring terms on the Park and Recreation Advisory Board; and WHEREAS, the original terms should have expired one year later than indicated in the original appointment because the creation of the new board did not become effective until 1991, as a result of the School Board' s discontinued participation in the funding of Shakopee Community Recreation (50/50 split) with the City of Shakopee, and WHEREAS, the City Council finds it desirous to correct and affirm appointments and terms for appointments to the Park and Recreation Advisory Board as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNEOSTA, that the following appointments to the Park and Recreation Advisory Board are hereby made: 1] Robert Tomczik and Steve Johnson for a one year term expiring January 31, 1992 . • 2] Ronald Larson, Dolores Lebens and Paul Ten Eyck for a two year term expiring January 31, 1993 . 3 ] Bill Priess, Paulette Rislund and Anne Seifert for a three year term expiring January 31, 1994 . BE IT FURTHER RESOLVED, That this resolution supersedes the terms set by motion, of the City Council on July 17, 1990, and the terms set by Resolution No. 3327 , adopted by the City Council on January 22 , 1991, inconsistent herewith. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1991. ATTEST: Mayor City Clerk Approved as to form. 22/ City Attorney nintivis' ENT t3 3, MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City ClerkC C. RE: Resolution No. 3358 DATE: February 15, 1991 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 3358 appointing William Mars to the Planning Commission and to the Board of Adjustments and Appeals for a four year term. At their regular meeting on January 22nd, City Council made appointments to Boards and Commissions, but decided to postpone making an appointment to the Planning Commission, to fill the expiring term of Dave Roeckne, until resolution of a Planning Commission matter. The matter in question has been acted upon by the Planning Commission. RECOMMENDED ACTION: Offer Resolution No. 3358, A Resolution Appointing William Mars To The Planning Commission And The Board Of Adjustments And Appeals, and move its adoption. 13c RESOLUTION NO. 3358 A RESOLUTION APPOINTING WILLIAM MARS TO THE PLANNING COMMISSION AND THE BOARD OF ADJUSTMENT AND APPEALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that William Mars is hereby appointed to the Planning Commission and to the Board of Adjustments and Appeals for a four year term ending January 31, 1995. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 19th day of February, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney JONSENT / 301 EXPLANATION TO RESOLUTION NO. 3363 ORIGINATING DEPARTMENT: City Clerk' s Office PURPOSE: To authorize execution of a revised Note to correct a typographical error for "$483 , 481. 33 Commercial Develop- ment Revenue Refunding Note (Shakopee Shops Shopping Center Project) , Series 1990, City of Shakopee, Minnesota" BACKGROUND: On July 17, 1990, City Council adopted Resolution No. 3254 , A Resolution Authorizing the Refinancing of A Project Under The Minnesota Municipal Industrial Development Act and The Sale and Issuance of A Commercial Development Revenue Refunding Note, and Approving and Authorizing The Execution of Various Documents. The documents as well as the Note were subsequently executed. The City has received a letter dated February 1, 1991 advising that there was a typographical error on page one of the Note and asking that a revised Note, numbered R-2 , be executed. The typographical error occurred in the first paragraph where there was an inconsistency as to the amount of principal due. While the amount in Arabic numerals was correct, the amount as written out was in error. The revised Note has been compared, word for word, with the original note and they are identical except for the desired change. The attached resolution has been prepared by the City Attorney for Council consideration. Staff recommends approval of the resolution authorizing execution of the revised note. RECOMMENDED ACTION: Offer Resolution No. 3363 , A Resolution of The City of Shakopee, Minnesota, Authorizing The Execution of A Revised Revenue Refunding Note To Correct A Typographical Error In The Original Note For The Shakopee Shops Shopping Center Porject, and move its adoption. I 34 DORSEY & WHITNEY A PARTN"'SHIP IX('LI:OINO PRornsscn.(1.I.ORPOR*TION% iso PARS AV . YORE NEW YORK,MEW YORE 10022 2200 FIRST BANE PLAGE EAST 201 FIRST AVENUE,S.W.,SUITE 340 ROCHESTER,MINNESOTA 33902 (212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (607)288-3156 1330 CONNECTICUT AVENUE,N.W. (612) 340-2600 - WASHINGTON,D.C.20036 TELEX 29-0605 1200 FIRST INTERSTATE CENTER (202)857-0700 FAX(612)340-2868 BILLINGS,MONTANA 59103 3 OBACECHURCH STREET (406)252-3800 LONDON HO3V OAT,ENGLAND -- 44-71-929-3334 201 DAVIDSON BUILDING 38,RUE TRONCHET GREAT PALLS,MONTANA 59401 T5009 PARIS,FRANCE 33-1-42-68-59-49 (406)727-3832 45,RUE DE TREVES B-1040 BRUSSELS,BELGIUM February 1 1991 127 EAST FRONT STREET 32-2-238-78-11 MISSOULA,MONTANA 59802 (400)721-8025 Ms. Judith Cox City Clerk City of Shakopee 129 East First Avenue Shakopee,Minnesota 55379 Re: $483,481.33 Commercial Development Revenue Refunding Note (Shakopee Shops Shopping Center Project), Series 1990 City of Shakopee,Minnesota Dear Ms. Cox: In connection with the above-referenced issue which closed August 1, 1990, it has come to our attention that there was a typographical error on page one of the Note. The error occurred in the first paragraph where there was an inconsistency as to the amount of principal due. While the amount in Arabic numerals was correct,the amount as written out was in error. We have corrected the above discrepancy and enclose a revised Note,numbered R-2,for signature by the City. As I have indicated with red tabs,the Mayor will need to sign on page 6 and the City Administrator and you on page 7. Please note that page 8 should be signed. Once the Note has been executed,please give me a call and I will arrange to have it picked up. We will then forward it to Minnesota Mutual Fire and Casualty Company upon receipt from them of the outstanding Note. We greatly appreciate your assistance in this matter. Please do not hesitate to contact me at 340-2869 should you have any questions. Very truly yours, U Lenore Aaseng Legal Assistant LA/cs Enclosure 1 RESOLUTION NO. 3363 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING THE EXECUTION OF A REVISED REVENUE REFUNDING NOTE TO CORRECT A TYPOGRAPHICAL ERROR IN THE ORIGINAL NOTE FOR THE SHAKOPEE SHOPS SHOPPING CENTER PROJECT. WHEREAS, on July 17, 1990, the City Council adopted Resolution No. 3254 , authorizing the refinancing of a project under the Minnesota Municipal Industrial Development Act, and the sale and issuance of a commercial development revenue refunding note, and approving and authorizing the execution of various documents; and WHEREAS, a typographical error was recently discovered in the Note, whereby on the first page the amount of the note is incorrectly indicated; WHEREAS, the City Council now desires to authorize the execution of a Revised Note in which the correct amount has been inserted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Revised Note, a $483 , 481. 33 commercial development revenue refunding note for the Shakopee Shops Shopping Center Project, Series 1990, City of Shakopee, Minnesota, is hereby approved. The original note adopted pursuant to Resolution No. 3254 is hereby canceled. The Mayor, the City Administrator, and the City Clerk are authorized to execute the Revised Note in the name and on behalf of the City. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: ,A4City Attorney [noteres] ONSENT 13 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director/ 2 SUBJECT: Valley Industrial Blvd. North Project No. 1990-8 DATE: February 11, 1991 INTRODUCTION: Attached is Resolution No. 3360, A Resolution declaring the cost to be assessed and setting a public hearing on the proposed assessments for Valley Industrial Blvd. North, Project No. 1990-8 . BACKGROUND: The Valley Industrial Boulevard North Project is essentially completed and all costs associated with this project have been identified. There may still be some minor restoration or landscaping items done next year but these will be covered under the contract warrantee and will not affect the overall project costs. As presented at the public hearing ordering the project and as adopted by the City Council, 100% of the total project costs will be assessed to the abutting, benefitted property owners. The final project costs are $312 , 612 . 38 . This compares to the estimated project costs as presented in the feasibility report of $305, 302 . 26 or approximately 2 . 4% over the estimate. Prior to levying any assessments on this project the City Council must first hold a public hearing on the proposed assessments. Attached is Resolution No. 3360 which declares the cost to be assessed and sets the date for the public hearing for March 19 , 1991. ALTERNATIVES: 1. Adopt Resolution No. 3360 which sets the date for the public hearing for March 19 , 1991. 2 . Adopt Resolution No. 3360, but set a different date for the public hearing. 3 . Deny Resolution No. 3360 . RECOMMENDATION: Staff recommends Alternative No. 1. I3 � ACTION REQUESTED: Offer Resolution No. 3360, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments Project No. 1990-8, Valley Industrial Boulevard North and move its adoption. DH/pmp MEM3360 RESOLUTION NO. 3360 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments Project No. 1990-8 Valley Industrial Boulevard North WHEREAS, a contract has been let for the improvement of: Valley Industrial Boulevard North by street reconstruction and the contract price for such improvements is $231, 829 . 40, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $80 , 782 . 98 so that the total cost of the improvements will be $312 , 612 . 38 and of this cost the Shakopee Public Utilities Commission will pay $ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $312 , 612 . 38 . 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he/she shall file a copy of such proposed assessment in his/her office for public inspection. 3 . That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 19th day of March, 1991, in the Council Chambers of City Hall at 7 : 30 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he/she shall state in the notice the total cost of the improvements. He/she shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. '3 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /3Dt MEMO TO: Dennis Kraft, City Administrator c:e FROM: Dave Hutton, Public Works Director SUBJECT: 2nd Avenue Project DATE: February 13, 1991 INTRODUCTION: Attached is Resolution No. 3368, receiving a report and calling for a public hearing to consider street improvements to 2nd Avenue, between Sommerville Street and Shawmut Street. BACKGROUND: On October 9, 1990 the City Council ordered the preparation of a feasibility report for street improvements to 2nd Avenue, between Sommerville Street and Shawmut Street and all intersecting gravel streets by Resolution No. 3295. The feasibility report has been completed and the report is attached for City Council review. Council needs to hold a public hearing on the project to determine if it should be ordered or not. Attached is Resolution No. 3368 which receives the report and calls for a public hearing on the proposed improvements. The Resolution sets the date for the public hearing for March 5, 1991 at 7: 30 P.M. ALTERNATIVES: 1. Adopt Resolution No. 3368. 2 . Deny Resolution No. 3368. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3368, A Resolution Receiving a Report and Calling a Hearing on Improvements to 2nd Avenue, Between Sommerville Street and Shawmut Street Including Various Abutting Cross Streets, Project 1991-3 and move its adoption. DH/pmp MEM3368 Ole RESOLUTION NO. 3368 A Resolution Receiving A Report And Calling A Hearing On Improvement To 2nd Avenue, Between Sommerville Street and Shawmut Street Including Various Abutting Cross Streets Project No. 1991-3 WHEREAS, pursuant to Resolution No. 3295 the City Council adopted October 9 , 1990, a report has been prepared by David Hutton, Public Works Director, with reference to the improvements of 2nd Avenue, between Sommerville Street and Shawmut Street, including various abutting cross streets by pavement, curb & gutter, sanitary sewer and watermain, and this report was received by the Council on February 19, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAROPEE, MINNESOTA: 1. The Council will consider the improvement of 2nd Avenue between Sommerville and Shawmut Street, including various abutting cross streets in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $999, 500. 00. 2 . A public hearing shall be held on such proposed improvements on the 5th day of March, 1991, at 7 : 30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3 . The work of this project is hereby designated as part of the 1991-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney C UNSEN T 1 3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1991 Regional Transit Board Contract for Transportation Services - Resolution No. 3365( DATE: February 11, 1991 INTRODUCTION: Each year the City of Shakopee enters into an agreement with the Regional Transit Board for transit service funding. In order to continue transit service levels as they presently exist within our community, the City of Shakopee must enter into an agreement with the Regional Transit Board for funding in 1991. BACKGROUND: On February 8, 1990 staff received an agreement from the Regional Transit Board that provides funding for our program in 1991. The contract agreement simply establishes the amount of funding for our program in 1991 and the process by which these funds will be disbursed in the City. Due to the length of the agreement I have not enclosed a copy with this memo. Copies are available in my office if you wish to review one before the meeting. The agreement has been reviewed and approved as to form by the City Attorney. Attached is Resolution No. 3364 authorizing the appropriate City officials to enter into a service contract agreement with the Regional Transit Board to provide public transportation service in Shakopee for the calendar year 1991. The resolution also specifies that the City of Shakopee will not be responsible for any transit deficit that may occur in conjunction with our transit program. The 1991 agreement provides funding in the amount of $235, 330. The proposed agreement allows us to maintain service at existing levels. If we wish to add more service in 1991 the agreement can be amended accordingly at that time. ALTERNATIVE: 1. Move to approve resolution No.3364 . 2 . Do not approve resolution No. 3364 . 3 . Table approval of resolution No. 3364 pending further information from staff. RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3364 authorizing the appropriate City officials to enter into a transit service agreement with the Regional Transit Board for public transportation services in Shakopee for Calendar year 1991 and move its adoption. /3t RESOLUTION NO. 3364 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A SERVICE CONTRACT WITH THE REGIONAL TRANSIT BOARD TO PROVIDE PUBLIC TRANSPORTATION SERVICE IN SHAKOPEE FOR CALENDAR YEAR 1991 Resolved that the City of Shakopee, Minnesota enter into contract with the Regional Transit Board, to provide public transportation service in Shakopee. Further resolved that the City of Shakopee, Minnesota agrees to provide -0- percent of the total deficit of the transit project from local funds for State Transit assistance and/or exurban funding. Further resolved that authorization to execute the aforementioned contract and any amendments thereto is hereby given to the City Administrator, City Clerk and the Mayor. Further resolved that the City Administrator or the Mayor is hereby authorized to execute request for reimbursement from the Regional Transit Board. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney au: 9ltranst OONSETi311_ EXPLANATION TO ORDINANCE ')) - ORIGINATING DEPARTMENT: Law Department PURPOSE: To repeal the provisions of the City Code which provide for workers ' compensation insurance for elected and appointed officials of the City. REMARKS : In 1967 the state legislature amended the Workers ' Compensation laws to provide that the term "employee" included "an elected or appointed official of the state, or of a county, city, town, school district, or governmental subdivision in the state. An officer of a political subdivision elected or appointed for a regular term of office, or to complete the unexpired portion of a regular term, shall be included only after the governing body of the political subdivision has adopted an ordinance or resolution to that effect. " No cases have interpreted this language. The Shakopee City Council responded in 1981 by adopting City Code Sec. 2 . 21, providing that "All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of ' employee ' as defined in Minnesota statutes relating to coverage for purposes of worker' s compensation entitlement. " No claims have arisen under this insurance coverage, and the risk of claims appears low. At your February 5, 1991, City Council meeting, Council voted to drop the insurance coverage. The attached ordinance accomplishes this. ACTION REQUESTED: Offer Ordinance No. , an ordinance repealing Sec. 2 . 21 of the Shakopee City Code in its entirety, and move its adoption. Submitted by: Approved by: City Attorney City Administrator Attachment [2 . 21E] 7.:3 * ORDINANCE NO. 306 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REPEALING SEC. 2 . 21 OF THE SHAKOPEE CITY CODE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Sec. 2 . 21 of the City Code, Worker' s Compensation, is hereby repealed in its entirety. Section 2 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: ;, ;f�;- ",_,c� City Attorney Published in the Shakopee Valley News this day of , 1991. [2 . 21] CLJJSEI\'T • EXPLANATION TO ORDINANCE 307 ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend the liquor license provisions to allow one more license to small establishments and one less to hotels and motels. REMARKS : At the February 5, 1991, City Council meeting, the City Council considered a request for a liquor license from a small establishment, under 4 , 000 square feet. Under the City Code, only six licenses may be issued for establishments this size. In addition, three licenses may be issued for restaurants over this size, and three may be issued for hotels or motels. Only one license has been issued in each of the latter two categories. The City Council directed staff to prepare an ordinance which would transfer one of the hotel/motel liquor licenses to the small restaurant category. ACTION REQUESTED: Offer Ordinance No. , an ordinance amending Sec. 5 . 32 of the City Code, Subd. 12 , thereof, relating to the class and number of liquor licenses the City may issue, and move its adoption. Submitted by: Approved by: City Attorney City Administrator [5 . 32E] (3 -� ORDINANCE NO. 307 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SEC. 5 . 32 OF THE CITY CODE, SUBD. 12 THEREOF, RELATING TO THE CLASS AND NUMBER OF LIQUOR LICENSES THE CITY MAY ISSUE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Sec. 5. 32 of the City Code, Subd. 12 thereof, Class and Number of Licenses, is hereby amended to read as follows: "Subd. 12 . Class and Number of Licenses. On-sale liquor licenses shall be classed and granted only as follows: Class A: Restaurants or exclusive liquor stores as defined in this Chapter and under 4 , 000 square feet customer floor area. Not more than seven (7) [six (6) ] of these licenses shall be available for any license period. Class B: Restaurants or exclusive liquor stores as defined in this Chapter and which have over 4 , 000 square feet of customer floor area. Not less than three (3) of these licenses shall be available for any license period. Class C: Hotel/motel restaurant/lounge as defined in this Chapter and which receive at least 50% of its gross receipts from the sale of food for consumption on the premises and which restaurant/lounge area contains a minimum of 4 , 000 square feet of customer floor area. The hotel/motel operation must have a minimum number of 100 guest rooms or 75 guest suites. Not less than two (2) [three (3) ] of these licenses shall be available for any license period. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 5 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and /3 .4' -2- attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: r.� /d _" & City Attorney Published in the Shakopee Valley News this day of , 1991. [5. 32] iqc& . MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directorek-7 ::)a)11/ SUBJECT: Roundhouse Circle DATE: February 19, 1991 INTRODUCTION: City Council approval is required to allow a street less than 5 years old to be cut open for new sanitary/water service installations. BACKGROUND: A building permit and lot split application has been received by staff for Lot 1, Block 1, Eagle Creek Junction 1st Addition (See attached map) . Commercial Industrial Realty is requesting that this lot be split into 4 lots and that 2 twin homes be installed on this lot. City policy currently only allows one twin home to be on a shared sewer/water service (See attached Administrative Policy No. 23) . Staff has therefore indicated to the applicant that another service line should be installed from the main to the second twin home, which will necessitate cutting into Roundhouse Circle. The problem with this requirment is that this street was constructed less than 5 years ago (1987) . At the time it was constructed, one service line per lot was installed for future development. The proposed lot split dictates that another service connection be installed. Since the street is less than 5 years old, cutting into the street can only be allowed upon City Council approval (See attached Resolution No. 2641) . Therefore, City Council should discuss this issue and determine the appropriate action. ACTION REQUESTED: Discuss the proposed building permit and lot split and direct staff to take the appropriate action. DH/pmp ROUND / `/ c.. ---_ -s. ,tee _ - •-•-:•-..-2,-!..: .''�,- :rr- . - •- 1•- •r'= - '- .. . r.I hereby certify that this plat was prepared by Me'or.ure:, • • • my supervision and that I am a Registered Land Surveyor ur the laws of the State of Minnesota. - -./, •: : - ---7:'-'7.--: ;•-:-t-- _ Dated this 27th day of Dec.,'1990 • a • S8 • ; � by CG{J�i i; •-r --i -/ ` s1 Larry Couture, Land Surveyor h9 \ Minnesota License No. 9018 ��/ \ ,• . `�/, / - -r4 . 0- / .-A -,., i -,. ....-1=.., - .._,6-',.... N ���i / ;t:.:1; ... `_ �- - �.� t9.4'4 ^ \r r�,r c\. ' Aar � A —�� . ---:•-. - / 47 j. '. ,:-C:c. -- ',...--• ': .:;: '..i . 4)._NA ; A '•-r. --•'' ' >-- -- - - - .- - .. , - .s!>. '- ---1 :. :', .:,:*Y-1 .,-.:c.,' ' ' -\ - .. ,\0 -- ) 6P/ , '4. Jtt\---v ' 47„,,,,f11....------ , in�#,,/ _ -� . sr -9 10. 2y <,t> ! -e,.., ' • ' • a iv.lie- ..,o / cp � _ h `moi / ...t9 - .411"-it v 0- c:•.7,jysy.9 / ` � _ . ' • oto •• )' o \ ^ ua' / ` ' "Rapp ,) F ...5-.. ` A=68"7.4' ¢,. -/-- _ \ . _ .. ti sql-...;,:..4,iit/...4.,• A • Scale: _1'_'=30_' - ___. . ;_ ----.<- ----- .#." ;o_' ----- ARL50N -' - •-' - 4c...4x: df' 61 ARLSON. C. PROPOSED DIVISION FOR COMMERCIAL INDUSTRIAL REALTY � o at .« ' Original •Description: (Area is 34,963 Sq. Ft.) •-:•- � .;,� �,;; .fi. ` Lot 1, Block1, -EAGLE CREEK. JUNCTION 1ST ADDITION.,'• S _• -- _� '• .-.. i-$_Y/ LAND SUIVETOIS • Area is -10,411_5 t .; ::. _ -a;.' ,.. . 't y:�Description fort Parcel A -� _ 4-_: . �- - __ ._.. - 7`/46;47. / rt- L-�A�MIRATIVE POLICY Nn. 23 Subject : Wyes - A Request from Bill Chard , Developer of Eastview, to Attach Wyes to the In Place Sanitary Sewers Date Adopted : March 13 , 1981 Source of Authority: Administrator f MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Request from Bill Chard Developer of Eastview to Attach "Wyes" to the In Place Sanitary Sewers DATE: March 13 , 1981 Introduction The City has received the attached letter from Bill Chard regarding the above request . Mr. Chard is making this request because he wishes to build twin homes which would require cutting the street for the additional sewer line under our "current practice" of requiring an individual line for each home . Background Current City practice is to require , as noted above , individual connections . We have required new duplexes , twin homes or double bungalows to put in individual sewer laterals in nearly all cases (The Building Inspector says we allowed "wyes" for Dick Wiggin ' s town houses on Polk Street. ) Council should consider the following in reviewing Mr. Chard ' s request : 1 . It would save the developer the expense of cutting the street for the additional lateral. 2 . It would require joint ownership and maintenance responsibility for the lateral from the "wye" to the main . 3 . The joint ownership , even when noted in the deed, could become another area for a dispute between owners that the City will be drawn into . 4. The Public Works Director does not believe that we would have additional maintenance problems , but that the developer should be required to put in a clean-out at the "wye" to eliminate some of the potential problems mentioned in #3 above . 5 . Our Building Inspector and Ray Southworth of FHA indicate that the practice is permitted as long as the jointly owned line is in the City Boulevard. 6 . Coon Rapids and Bloomington both permit "wyes" (only Metro ci.tieschecked) for existing streets but encourage the indivi- dual lateral whenever they know there will be twin home con- struction . Request from Bill Chard Page Two March 13 , 1981 • 7 . Ray Southworth of FHA recommends , and Mr. Chard has concurred , that the party wall agreement should include a phrase regarding the joint ownership and maintenance of the lateral from the "wye" to the main. Alternatives 1 . Continue with the current policy. 2 . Permit "wyes". 3 . Permit "wyes" only when the street is already in place. Recommendation It is staff ' s recommendation that alternative #3 be approved. JKA/jms 1 CITY OF SHAKOPEE P�•j � i.~ y 129 East First Avenue, Shakopee. Minnesota 55379 ' r } f ' i flr:.• tO' MEMO /40 TO: John K. Anderson, City Administrator{�7 FROM: LeRoy Houser ��`` SUBJECT: "Wyes" in East View Addn. DATE: March 19 , 1981 Our discussion regarding "wyes" was addressing sewer lines only. Should they expect to "wye" off of the 3/4" water line stubbed into the property my approval will not be forth comming. The problems presented by wyeing the 3/4" water line is as follows: 1 . Reduced pressure to both units at peak use time within the units . (unregulated shower and bath water should both units be bathing at same time, or one unit bathing and the other watering lawns etc . ) ) 2. Should one unit contaminate its water supply by direct J connections, both units have contaminated water supply systems. The question you are going to pose is; the same principle applys to contamination of apartment units. My answer is this is correct ; However, apartment tennents do not own their units in "fee simple" which legally provides protection against encroachment of services delivered by the City. I have told you before , there is not a code against what is pro- posed and you have permitted, and there is not a code saying they cannot "wye" off the water line. However, it is my opinion and recommendation that if this is permitted then we must adopt a policy requiring a double check vacuum breaker, commonly known as a backflow preventer on the main supply line before the meter. . LFH :plk 1-& ADMINISTRATIVE POLICY NO. 148 Subject: A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street. Date Adopted: October 21, 1986 Source of Authority: City Council RESOLUTION NO. 2641 A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street WHEREAS, it is in the best interest of the City of Shakopee to maintain the condition and preserve the investment in public works facilities and ; the WHEREAS, it is todesired control lbyork specialtnconditions oof f- way of recently constructed approval . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS Work within the right-of-wayof a constructionet will the na five controlledeas ar period after street surfacing follows: ties 1 . Emergency cutpairs oXisting governedtby1Sectione7 . 07oofdthe by a streettpermitas City Code . 2. Installation of new utilities will only be allowed upon approval of the City Council with special conditions to the permit. session of the City Cou cil .of the Adopted in r�-ri `�- City of Shakopee, Mihsession a, held this 4id day of ,_j/n-t2i.Zet, , 19 . _6 %2 /Y/7) i/( /z7./7- Mayor of the City of Shakopee ATTEST : lArrik ,4 _ City ( Clerk Approved as to form this 21 day of in . cw_ , 19 EL-- / 1. ..r City A to ney ) 4 b TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Administrative Car DATE: 02 12 91 INTRODUCTION: The Police department is requesting approval to spend up to $10, 000 to purchase an administrative car at auction. BACKGROUND: Each year, the police department replaces one administrative car with a used car to be used in investigative activity. This rate of turnover helps provide investigative personnel with cars which are not too well known. The cars being replaced are turned over to other city departments. The car which should be replaced is a 1986 Ford with 92 , 414 miles on it. Originally purchased as a patrol car, the car was repainted when it was no longer suitable for that function and has been used as an administrative car since then. Problems with the electrical system keep this car out of service a lot. Essentially a police administrative vehicle should be a 4 door with a V-6 or Quad 4 engine (140-150 minimum horsepower) , automatic transmission, front wheel drive and enough trim to keep it from looking like an undercover police car. If possible, the car should be purchased locally. There is a $10, 000 budget item available for this expenditure. ALTERNATIVES: Investigating a number of purchasing alternatives generated the following information: Shakopee Ford can supply a 1990 Taurus GL 4 door with a V-6 engine. The car has 20, 000 miles on it and carries the remainder of a 6 year/60, 000 mile warranty on the engine and drive train. The car is the right size but the mileage is high. Cost - $10, 000. Malkerson Motors can supply a 1990 Oldsmobile Cutlass Calais 4 door with a Quad 4 engine. The car has 8 , 500 miles on it and carries the remainder of 12 month/12 , 000 mile and 6 year/60, 000 mile factory warranties. The car performs well and has low mileage but quarters are pretty cramped for a big man. Cost - $8500. Hennepin County purchasing can supply a new Chevrolet Cavalier 4 door with a 4 cylinder engine. A standard 4 cylinder engine is not adequate for police work. New cars also depreciate inordinately the first year. Cost - $8500. 1b Avis and Hertz did not have late model, low mileage V-6 powered 4 door sedans available for less than $10, 000. North Star Auto Auction can supply a variety of rental return units including Ford Taurus and Chevrolet Luminas at competitive prices. Rental returns usually are good buys because they have been maintained well and someone else has suffered the worst of the depreciation loss. North Star will not accept a rental return unit which has had over $500 in body repairs. This indicates their cars may be in better condition than those purchased from rental agencies. North Star is also a local business. ALTERNATIVES: 1. Do not authorize purchase of an administrative vehicle. 2 . Authorize purchase of 1990 Taurus from Shakopee Ford for $10, 000. 3 . Authorize purchase of Cutlass Calais from Malkerson Motors for $8500. 4. Authorize purchase of Chevrolet Cavalier through Hennepin County for $8500. 5. Authorize purchase of most appropriate vehicle available through North Star Auction not to exceed $10, 000. RECOMMENDATION: Alternate #5. ACTION REQUESTED: Authorize the Chief of Police to purchase the most appropriate vehicle at the best price possible not to exceed $10, 000. ILIO TERRY JOHNSTON Senate Senator 36th District Room 151 State Office Building State of Minnesota St.Paul,MN 55155 (612)296-4123 February 15, 1991 TO: City Administrators FROM: Senator Terry D . Johnston—7 RE : CITY BUDGET AND MANDATES In order to receive the greatest amount of input from cities in my legislative district regarding the possibility of additional cutbacks, I am enclosing the following questionnaire . 1 . What are your plans to accomplish the LGA, HACA or DRA cuts under the law passed by the legislature in January to help balance the state deficit for this fiscal year ending June 30, 1991? 2 . What would you do if there are additional cuts for your calendar year 1991? 3 . What would you do if there are additional cuts in calendar year 1992? 4 . Should levy limits be lifted if there are no additional cuts in 1992? 5 . Should levy limits be lifted if there are additional cuts for 1992? 6 . a) Mandates always come up as possible added cost . What mandates should the state lift as it pertains to cities? b) By each individual mandate you feel should be eliminated, what do you feel this would save your city? 7 . If there were less property taxes levied by School Districts do you feel you could raise your local city levy without severe repercussions? 8 . Please mention any other concerns you have in providing to your city.