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08/03/1993
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 29, 1993 1 . Attached is the August calendar of Upcoming Meetings . 2 . Ducks Unlimited have applied for a one day raffle on September 14, 1993 at the VFW. They do meet the requirements of the City Code. 3 . Attached is the monthly Progress Report from Engineering. 4 . Attached is the August Business Update from City Hall . 5 . Attached is a memorandum from the Police Chief regarding a street closing for the "Taste of Shakopee" . 6 . Attached is the Police Newsletter for Council review. 7 . Attached are the agendas for the August 5, 1993 meetings of the Planning Commission and Board of Adjustment & Appeals . 8 . Attached are approved SPUC Resolutions for your review. 9 . Attached are the unofficial minutes of the July 26, 1993 Park & Recreation Advisory Board. 10 . Attached is correspondence received by the Mayor from Universal Forest Products. 11 . Attached is a monthly project report submitted by the Assistant City Administrator. 12 . Attached is correspondence from Pauline Marlinski requesting the Council to consider action to include a portion of land in the MUSA in order to provide development with City services . 13 . Attached is the Law Department' s Monthly Progress Report . Augus 1 9 9 3 UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 4:30pm Public 7:00pm City 7:30pm Planning Utilities Council Commission 8 9 10 11 12 13 14 5:00pm 5:00pm ZORC Employee/ Boards & Commissions Picnic 15 16 17 18 19 20 21 7:00pm City 5:30pm CDC Council 22 23 24 25 26 27 28 7:00pm Park & 5:00pm ZORC Recreation 29 30 31 7:30pm Cable Commission Jul y September SMT W T F S SM T W T F S 1 2 3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 29 30 ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR JULY 1993 Category I - Projects Under Construction 1. 12th Avenue Sewer and Water Project (Industrial Park) All sewer and watermains have been completed. The lift station and control panel have been installed. Other items remaining include replacing 1200 feet of curb damaged on 12th Avenue by the project, replacing several sections of sewer pipe and gate valves that did not pass the pressure tests and restoration of grass and sod. Percent Completed - 95% 2 . Foothill Trail The City Council ordered this drainage ditch moved into the easement . The bid opening for this work was June 24th and the contract awarded. A preconstruction conference and neighborhood meeting have been scheduled. Construction should start soon. Percent Completed - 0% 3 . 1st Avenue Utilities (Minibypass) All mainline sewer and water construction on both the east and the west end of the project have been completed. The contractor is currently installing the remaining service lines and all underground utility work should be completed by mid August . Percent Completed - 90% 4. 1993 Sidewalk Replacement Program The contract has been awarded on this project . Construction will start soon. Percent Completed - 0% 5. Valley Park 11th Addition Bids have been opened on this project and the contract was awarded at the June 1st Council meeting, contingent on the plat being recorded by July 31, 1993 . The plat was recorded on July 27, 1993 . Construction will be starting in early August . Percent Completed - 0% 6. Minnesota Street/Dakota Street/Alley All storm sewers have been installed. Street and alley construction will be starting soon. Percent Completed - 30% 7 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities Mn/DOT has notified the City that the right-of-way will be obtained by mid-July, so the City could initiate the bidding process . The City Council has authorized bidding this project and a bid letting will be scheduled for July 30, 1993 . Percent Completed - 0% 8. Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) The contract has been awarded to S.M. Hentges & Sons, Inc. for this project . Construction will be starting the week of August 2, 1993 . Percent Completed - 0% Category No. 2 - Projects in Design 1. Rahr Malting Force Main/ Inverted Siphon This project has been designed and will be out for bids in August . Percent Designed - 100% 2 . Rahr Malting Inverted Siphon This project is being designed by a consultant and the design is almost completed. This project may be bid with the forcemain provided the necessary agreements with Rahr are completed in time . Percent Completed - 90% 3 . V.I.P. Interceptor Extension This project was designed in-house. The plans and specifications are ready for bid. This project will be bid in August with the Rahr Forcemain. Percent Designed - 100% 4. Public Works/SPUC Parking Lot Paving Some preliminary surveying has been obtained and an approximate cost estimate prepared. No design has started. Percent Designed - 0% 5. Downtown Alley Reconstruction and Undergrounding Electric Lines This project was ordered by the City Council on April 20th. The design of this project will need to be coordinated with Shakopee Public Utilities. All field survey work has been completed and design has started. The pavement reconstruction portion will be designed in- house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Percent Designed - Pavement - 40% Electrical - 0% 6 . Parking Lot Downtown (Old Gene Brown Lot) This project will be designed in conjunction with the alley reconstruction project . Category 3 - Projects Under Study 1. Downtown Streetscape/Phase II The feasibility report has been completed and was submitted to City Council in August and a public hearing scheduled for September. Percent Completed - 100% 2 . St. Francis Hospital Sewer and Water A petition for sewer and water was received by the City Council on July 6, 1993 and a feasibility report ordered. Work on the feasibility report has not started yet . Percent Completed - 0% Category 4 - Private Subdivisions All public streets and utilities constructed as part of new subdivisions require continuous inspection to make sure City Specifications are followed. The following is a status update on the new subdivisions for 1993 . 1. Beckrich Estates All work in this new subdivision was completed last fall with the exception of the final lift of asphalt, restoration and final clean-up. (No change in status from the last report . ) Percent Completed - 80% 2 . New Connection of Muhlenhardt Road to C.R. 18 and Streets in Horizon Heights 4th The road construction is basically completed. Some minor grading remains, as well as the final clean up, restoration, sodding and turf establishment . The developers schedule for completion is not determined yet . (No change in status from the last report . ) Percent Completed - 95% 3 . Minnesota Valley 7th Addition The final lift of asphalt has been paved and all work completed on this subdivision, except for some minor repair items and clean-up. Percent Completed - 100% 4. Stonebrooke - Phase I The final lift of asphalt has been placed and all work has been completed on this subdivision. Percent Completed - 100% 5. Meadows 8th Addition Phase I of Meadows 8th is completed. A portion of the streets have been delayed (Phase II) due to the Shakopee Bypass Drainage Project, which will be starting in August . Percent Completed - Phase I - 100% Phase II - 0% 6 . Prairie Estates 3rd All work except for minor repairs and clean-up has been completed on this project . Percent Completed - 100% 7 . Milwaukee Manor All underground utility construction (sewer, water, storm sewer) has been completed. Grading for the roadway has started. Percent Completed - 40% 8. Maple Trails Plans have been approved and construction is anticipated this summer. 9 . Dominion Hills Construction on this subdivision will start the week of July 26, 1993 . Percent Completed - 0% 10 . Stonebrooke - Phase II Plans have been approved and construction will be starting shortly. Percent Completed - 0% 11. Parkview 1st Addition Plans have been approved and construction will be starting shortly. Percent Completed - 0% Category 5 - Special Projects 1. SPDC Substation The appraisals for the necessary easements have been completed and staff will be making offers to the affected property owners soon. 2 . Huber Park Grading Permit Because Huber Park is in the floodplain, the City must receive a permit from the Planning Commission to place fill in the floodplain. Most supporting data for this activity has been prepared and the field surveys completed. Staff will be submitting this to the Planning Commission for action as soon as the water levels recede enough to complete the analysis . 3 . Maras Street Easements All easements for the street have been obtained and recorded except two. The City Attorney is continuing to work towards obtaining the remaining easements . 4. 5-Year C.I.P. The Engineering Department has completed our portion of this project . 5. Total In-House Engineering Concept During the 1993 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e. no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet . 6. Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this . Staff has not received any proposals from the Watershed District . 7 . Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. The final report is being postponed until the Land Use Study near the new County Road 18 Interchange is completed and the final decision involving the Chaska Interceptor. 8. Comprehensive City-Wide Stormwater Management Plan (Consultant) This study is approximately 60% completed at this time . Attached is a status update of this project as submitted by the consultant on July 8, 1993 . July 31, 1993 David E. Hutton City Engineer OISMI Orr Memorandum $ gyp 300 Park Place Center 612 595 5775 Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 Associates,Inc. Minneapolis,MN 55416-1228 FAX 595-5774 TO: Dave Hutton City of Shakopee FROM: Peter R Willenbring, P. . OSM & Associates, Inc. DATE: July 8, 1993 SUBJECT: Updated on work completed on Shakopee Comprehensive Stormwater Management Plan OSM Project No. 4983.00 In conformance with our detailed work plan, please find outlined below information on the status of this project: 1. Tasks associated with project management and data collection are essentially 100% complete with the exception that progress update meetings and projects status reports will continue to be prepared and submitted to the City as this project continues. 2. The tasks associated with the analysis and interpretation of water resource data are essentially complete with the exception of finalization of the HEC-2 flood profile analysis for the Upper Valley Drainageway and the completion of the P8 water quality model and analyses associated with the interpretation of the results. 3. Task D, associated with problem identification,has been undertaken and a draft problem identification section for the report has been prepared. After receiving feedback from City Staff or advisory committee, we will finalize these problem areas and prioritize their need for action. 4. Task E, dealing with corrective actions for the problems identified in Task D has not yet been formulated. 5. Task F, dealing with the development of policies and goals has been drafted and will be reviewed with the City Staff at our meeting the week of July 12, 1993. 6. Task G, dealing with preparation of the final report is approximately 15% complete. 7. Based on the above work completed to date on this project, we estimate the total work effort is between 55% and 60% complete. The job to date costs are Engineers • Architects • Planners • Sunecors Mr. Dave Hutton Memo - July 8, 1993 Page 2 approximately $45,000. Based on a total project budget of approximately $80,000, we believe we are at or slightly below target budgets for the work completed to date. 8. We anticipate proceeding with completion of the remaining portions of the plan in accordance with the following schedule: Finish problem identification and prioritization process. July '93 Develop corrective actions for problems identified in Task D August '93 Complete P-8 Water Quality Model August '93 Finalize HEC-2 Flood Profile Analysis August '93 Prepare and submit draft final report September '93 Based on the above information, we believe the project is proceeding in accordance with the general timelines originally outlined in the work plan. Some slight delays have been experienced in the data collection and problem identification efforts, however we believe a final report in draft form will be available by the end of September in keeping with the original project schedule. If you have any questions concerning this project or its status, please do not hesitate to contact me at 595-5767. 44 q BUSINESS UPDATE FROM CITY HALL Vol. 7 No. 8 Dear Chamber Member: August 1, 1993 Administration commercial development project on the East end of Shakopee might have on the rest of the retail On Tuesday, July 27, 1993 the Shakopee City Council community in Shakopee. The proposed analysis would held a joint meeting with the Jackson and Louisville be conducted free of charge to the City. If we proceed with the study, results would be available yet this Fall. Township Board members. Each year, the Shakopee City Council meets with the Jackson and Louisville Township Board members to discuss fire service Park and Recreation contracts and recreation programming. The meeting also provides for open discussion on items of mutual The Tahpah Park Concession Stand Project was concern. Such as the Chaska Interceptor, Shakopee completed early last month. The additional restroom By-pass, Upper Valley Drainageway and V.I.P. Trunk capacity and newly remodeled concession area is a Sewer. significant enhancement to Tahpah Park. The Shakopee Jaycees are currently also considering Community Development acquiring a new cooler for the concession area and portable gas grill. Staff is optimistic that these two The Community Development Commission (CDC) has additional improvements will be added to the been discussing the possibility of installing ornamental concession stand later this year. rail along the mini by-pass and new 169 bridge in Bids were received for the Memorial Park playground Downtown Shakopee. Initially, the possibility of equipment last month. The Park and Recreation installing ornamental rail as part of the MnDOT project was discussed. However, due to higher then Advisory Board requested staff to contact the expected MnDOT pricing for the ornamental rail, the American Legion and VFW to determine if a cash CDC has decided to place this item on hold until the commitment could be made to the project to off-set overall project costs. The 1993 Capital Improvement entire project is complete. Based on a review of ornamental rail costs, it appears that the City could Budget did allocate $25,000 toward the project. complete the project at a later date for much less than Additional funding commitments from either the Park the MnDOT proposed cost. Reserve Fund or community organizations will be necessary in order to complete the project in 1993. If With the Bloomington Ferry Bridge and Shakopee additional funding can be obtained, it is likely that the Southerly By-Pass scheduled for completion in 1996, project will commence yet this fall. much discussion has taken place regarding potential development activity near the Highway 101/Southerly Planning By-Pass intersection on the East end of Shakopee. The Community Development Commission is investigating At their meeting on July 8, 1993, the Shakopee Board the possibility of utilizing the Minnesota Extension of Adjustment and Appeals approved an application Service to conduct a retail sales analysis for the City of for a 2' variance to the required 10' side yard setback Shakopee. The purpose of the analysis would be to in the Urban Residential Zoning District. This compare retail sales in Shakopee over the last 10 years variance will allow the addition of an entryway and against 3 other similar communities that have received attached garage onto the existing structure at 725 S. a major commercial development outside of their Scott Street. However, the Board of Adjustment and downtown area. This analysis may be useful in Appeals denied an application for a 10' variance to the identifying some generalized impacts that a major required 20' side yard setback within the Shoreline Zoning District. The applicants were requesting the August 5, 1993, meeting. The Commission denied an variance in order to construct an addition onto their Application for a Conditional Use Permit from B & B existing home and garage at 1400 Blue Heron Trail. Sales and Services. The applicants requested the permit to allow them to conduct retail sales within the At their July 8, 1993, meeting, the Shakopee Planning Heavy Industrial Zoning District. Commission provided their recommendations to the Shakopee City Council regarding two requests for At this meeting, the Planning Commission also held the amendments to the Zoning Ordinance. The Planning annual review for the Conditional Use Permit for NBZ, Commission recommended approval of an application Inc. and found the operation not to be in compliance from Ladbroke Racing Corp. for an amendment to the with Conditions 16 and 17 of the resolution. The Zoning Ordinance to allow outdoor amphitheaters, Commission directed staff not to take any enforcement convention and conference centers, indoor hockey actions until (1) Failure of AVR to acquire an facilities and community centers to the list of permitted ownership interest in the site by July 31, 1993; (2) uses in the Racetrack Zoning District. The Planning After review of the new owners' amendment proposal; Commission recommended denial of an application to or (3) October 8, whichever comes first. At this same allow retail sales as a Conditional Use within the Light meeting, the Commission accepted the withdrawal of Industrial Zoning District. an application to amend Resolution No. 376 and requesting an expansion of the hours for the mining The Commission continued the public hearing operation. regarding an amendment to the Stonebrooke Planned Unit Development to the September 9th meeting. Public Works\Engineering However, the Commission recommended approval of the Application for Approval of the Final Plat for The Engineering Department is again experiencing a Stonebrooke 2nd Addition. Stonebrooke is located busy construction season. south of CR 78, east of CR 79, and west of Timber Trails Addition. The proposed 2nd Addition contains Current City projects underway are: 21 single family residential lots. Minnesota/Dakota and Alley, the Sidewalk Replacement Program, 1993 Street Reconstruction The Planning Commission also recommend to the City Program - including Naumkeag St. (2nd to 4th), 4th Council the approval of an amendment to the Final Avenue (Marschall to Fillmore), Spencer St. (1st Ave. Plat for the Dominion Hills subdivision. The approval to Shakopee Ave.), 8th Avenue (Atwood to Spencer) of this amendment would allow Promise Avenue to be and Atwood St. (4th to 5th). constructed as a temporary over-length street provided that the entire looped street section is graded and Current private development projects that require City graveled, a temporary paved turnaround surface is inspection are: Milwaukee Manor & Dominion Hills. provided at the end of Promise Avenue, and traffic barriers are provided off the graveled surface of In addition to these projects some projects have already Dominion Avenue. been completed this year except for some minor dean- up items. These are: Apgar St. Project, Minnesota At this same meeting, the Planning Commission Valley 7th, Prairie Estates 3rd, Meadows 8th Addition, approved two Applications for Conditional Use Stonebrooke, and 12th Avenue Sewer and Watermain. Permits. The first request was to operate a Bicycle Motocross (BMX) Track within the Light Industrial Besides inspection on City and private development Zoning District. The permit will allow the BMX Track projects, staff has been preparing plans & to be operated on property located north of CR 16, specifications for the V.I.P. Sewer Interceptor approximately 2 miles east of CR 17. The second Extension from C.R. 79 to Tahpah Park, the Rahr Conditional Use Permit will allow an LP motor fuel Forcemain and the Downtown Alley Reconstruction. tank to be placed upon property located within the A bid opening is scheduled for July 30th, 1993 for the Heavy Industrial Zoning District at 593 Citation Drive. construction of the remainder of the Upper Valley Drainageway. This will be constructed from C.R. 79 The Planning Commission continued the public hearing to Tahpah Park. Since this project will benefit the new regarding a request for a Conditional Use Permit for 65 101 Bypass, MnDOT is participating in the cost of this foot high poles for an electrical transmission line to the project. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Street Closing DATE: 07 27 93 I have authorized the closing of part of Lewis Street east of the Municipal Parking Lot for "Taste of Shakopee" on August 5th from 2 : 00 p.m. through 8 : 00 p.m. The City Council wishes to be notified of such authorizations. cc: Barry Stock Dave Hutton •7 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN August 5, 1993 Chairperson William Mars Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of July 8 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens . 5 . Other Business a. b. 6 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN August 5, 1993 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda • 3 . Approval of the July 8 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider the final development plan for the planned unit development and the preliminary plat of Westridge Bay Estates II, located along the southeast edge of O'Dowd Lake and north of CR 14 . Applicant: Westridge Bay Company 6 . 7 : 35 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to construct structures in excess of 45 feet in height for an electrical transmission line, located 1/2 mile north, and 1 mile south of CR 42 on the west side of CR 83 . Applicant: Cooperative Power Association 7 . 7 : 40 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow fill in a Floodway in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 8 . Vacation: To consider the vacation of a 17 foot wide portion of the 10th Avenue right-of-way, located south of 971 Miller St. Applicant: Jeffrey D. & Becky C. Boldt 9 . Final Plat: To consider the final plat of The Meadows 9th Addition, located east of CR 79 and west of CR 17 , continuing Primrose, Thistle and Sage Lanes. Applicant: Gold Nugget Development, Inc. 10 . Annual Review: A. J. L. Shiely Co. - Resolution No. 375 - Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit. il . Other Business A. 1994 - 1998 Capital Improvement Program B. Meeting Procedures - Consent Agenda 12 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. tf-F RESOLUTION #403 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4 , 250 ,000 UTILITY REVENUE BONDS , APPOINTMENT OF FINANCIAL ADVISOR AND APPOINTMENT OF BOND COUNSEL WHEREAS , The Shakopee Public Utilities Commission has adopted a Capital Improvement Program providing for major capital expenditures in the Water and Electric departments that exceed existing financial resources, and WHEREAS, The Commission has reviewed options of financing the Capital Improvement4Program, NOW, THEREFORE BE IT RESOLVED, by the Shakopee Public Utilities Commission that : 1 . It is necessary and expedient to finance all or a portion of the Capital Improvement Program for the years 1993-1995 with the issuance of $4,250, 000 Utility Revenue Bonds payable from the net revenues of the Water and Electric Departments . 2 . The Fahey Companies is appointed Financial Advisor to the Commission and is authorized to negotiate the sale of the Bonds with Park Investment Service , Inc . and to secure Insurance from AMBAC, Inc. to obtain a AAA Rating to develop the lowest possible cost . 3 . McGrann Shea Franzen Carnival Straughn and Lamb is appointed Bond Counsel . BE IT FURTHER RESOLVED, that all things necCb ary to carry out the terms and purpose of this Resolution are hereby authorized and performed. Passed in regular session of the Shakopee Public Utilities Commission this 6th day of Ju.)" u. 1993 . President : Terrence E . O'Toole ATTEST: CAt /AAA r C_P'' Commission Secretary: arbara Menden RESOLUTION NO. 402 A RESOLUTION ESTABLISHING RATES FOR ELECTRIC SERVICE IN AN AREA ACQUIRED FROM MINNESOTA VALLEY ELECTRIC COOPERATIVE BE IT RESOLVED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION in meeting duly assembled on the 6th day of July, 1993 that for all existing and future customers located in the area acquired in January 1991 from Minnesota Valley Electric Cooperative, which area is described in the stipulation of the City of Shakopee, Minnesota Valley Electric Cooperative, Intervenors and Minnesota Department of Public Service, the following electric service rates are hereby established: SECTION I : RESIDENTIAL SERVICE - ACQUIRED AREA Availability : Residential dwellings First 50 kwh @ 9 . 5 cents per kwh Next 50 kwh @ 9 . 0 cents per kwh Next 400 kwh @ 8 . 0 cents per kwh Next 500 kwh @ 7 . 3 cents per kwh Excess kwh @ 7 . 0 cents per kwh Minimum bill $4 . 00 per month SECTION II : RESIDENTIAL SERVICE WITH DUAL FUEL HEAT ACQUIRED AREA Availability: Existing installations only. Residential customers with separately metered electric heat and a backup heat source . The electric heat is subject to interruption . Basic Service : Same as RESIDENTIAL SERVICE ACQUIRED AREA above. Separate Meter Electric Heat : All kwh @ 4 . 4 cents per kwh . SECTION III : SEPARATE METERED AIR CONDITIONING - ACQUIRED AREA Availability: Existing installations only. Residential customers with separately-metered air conditioning subject to interruption. Basic Service : Same as RESIDENTIAL SERVICE ACQUIRED AREA above . Separate Meter Air Conditioning: All kwh @ 5 . 9 cents per kwh . SECTION IV: COMMERCIAL_ SERVICE - ACQUIRED AREA Availibility: Non-residential customers with less than 15 kw demand. First 50 kwh @ 16 . 0 cents per kwh Next 50 kwh @ 11 . 0 cents per kwh Excess kwh @ 7 . 3 cents per kwh Minimum monthly bill shall be the greater of : 1 . One Dollar ( $1 . 00 ) per Kva of installed three phase capacity for the first 7 plus fifty cents ( $ . 50) per KVA for each additional or 2 . $4 . 50 SECTION V: SERVICE FOR SENIOR CITIZENS - ACQUIRED AREA Availability: Residential dwelling occupied by Senior Citizens . First 100 kwh @ 8 . 5 cents per kwh Next 900 kwh @ 7 . 3 cents per kwh • Excess kwh @ 6 . 4 cents per kwh Minimum monthly bill $3 . 50 SECTION VI : LARGE GENERAL SERVICE - ACQUIRED AREA Availability: Non-residential customers with demand of 15 KW and over The monthly bill shall be the sum of the demand, energy and wholesale power cost adjustment charges calculated according to the following schedule : DEMAND CHARGE: First 50 kw of billing demand - $7 . 40 kw per month All over 50 kw of billing demand- $7 . 10 per kw ENERGY CHARGE: All kwh per month - 4 . 54 cents per kwh Minimum monthly bill The demand charge Determination of billing demand: The billing demand shall be the customer' s greatest 15 minute demand in kilowatts, incurred during the month for which the bill is rendered, but not less than 60% of the highest billing demand during the preceding 11 months or 15kw, whichever is greater. SECTION VII : THE FOLLOWING CLAUSES APPLY TO ALL RATES PRIMARY METERING: At the option of the electric department , secondary voltage service hereunder may be metered at the primary voltage, in which case a 2% cash discount will be allowed on the amount of the monthly bill . PRIMARY VOLTAGE SERVICE: If the customer agrees to take service at the primary voltage available at his location and to pay all costs incurred in the ownership, operation and maintenance of transformers and substation equipment (except meters ) with service to be metered at the primary voltage, a cash discount of 5% will be allowed on the amount of the monthly bill . AVERAGE POWER FACTOR : The average power factor is defined to be the quotient obtained by dividing the kwh used during the month by the square root of the sum of the squares of the kwh used and the lagging reactive kilovot-ampere-hours supplied during the same period. Any leading kilovolt- ampere-hours supplied during the period will not be considered in determining the average power factor. MINIMUM POWER FACTOR REQUIREMENT: The customer must maintain an average power factor not less than 80% lagging and must avoid leading power factors at any time. PROMPT_PAYMENT _PROVISION__. A penalty of 5% shall be added to the current bill if not paid on or before the 15th of the month following the date of billing. A charge of $15 . 00 will be collected for resuming service that has been discontinued for non-payment . A charge of $10 . 00 will be collected if a Shakopee Public Utilities employee is sent to collect the payment only. BE IT FURTHER FESOLVED that said rates are to become effective from and after July 15, 1993 for the August 1993 billing and for all subsequent billings; BE IT FURTHER RESOLVED that the rate adjustment enacted July 6 , 1993 for the customers of the Shakopee Public Utilities not located in the acquired area shall remain in full force and effect ; BE IT FURTHER RESOLVED that all things necessary to carry out the terms and purpose of the Resolution are hereby authorized and performed. Passed in special session of the Shakopee Public Utilities Commission this 6th day of July, 1993 . 1 ,./(711-7fre_e___- g President : Terrence E. O'Toole ATTEST: is ' ) Secretary Barbara Men en t RESOLUTION #401 RESOLUTION ESTABLISHING RATES FOR RESIDENTIAL, COMMERCIAL AND WATER HEATING SERVICES ALSO SERVICE FOR SENIOR CITIZENS AND LARGE-GENERAL SERVICE-LARGE INDUSTRIAL SERVICE BE IT RESOLVED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION at meeting duly assembled on the 6 th day of July 1993, that Resolutions #242„ #329 , and #348 are hereby repealed, and that the following electric rates shall be and hereby are established for all customers of the Shakopee Public Utilities Commission, City of Shakopee, except those customers located within the area acquired from Minnesota Valley Electric Cooperative in 1991 : Section I : RESIDENTIAL SERVICE: (RE) Availability: Residential dwellings First 50 KWH @ $ . 085 per KWH Next 50 KWH @ $ . 080 per KWH Next 400 KWH @ $ . 070 per KWH Next 500 KWH @ $ . 063 per KWH Excess KWH @ $ . 060 per KWH Plus power adjustment charges on all KWH Minimum bill $4 . 00 per. month Section II : COMMERRCIAL SERVICE: (CS ) Availability: Non-residential customers with less than 15KW Demand First 50 KWH @ $ . 150 per KWH Next 50 KWH @ $ . 100 per KWH Excess KWH @ $ . 063 per KWH Plus power adjustment charges on all KWH Minimum monthly bill shall be the greater of : ( 1 ) . One dollar ( $1 . 00 per KWH of installed three phase capacity for the first 7 plus fifty cents ( $ . 50 ) per KVA for each additional or (2 ) . $4 . 50 Section III : RESIDENTIAL WATER HEATING (CLOSED Availability: Existing installations only All KWH @ $ . 063 per KWH Plus power adjustment charges on all KWH The minimum monthly bill for water heating service is $3 . 50 . Section IV: SERVICE FOR SENIOR CITIZENS) Availability: Residential dwelling occupied by senior citizens First 100 KWH @ $ . 075 per KWH Next 900 KWH @ $ . 063 per KWH Excess KWH @ $ . 060 per KWH Plus power adjustment charges on all KWH Minimum monthly bill $3 . 50 RESOLUTION #401 RESOLUTION ESTABLISHING RATES FOR RESIDENTIAL, COMMERCIAL AND WATER HEATING SERVICES ALSO SERVICE FOR SENIOR CITIZENS AND LARGE-GENERAL SERVICE-LARGE INDUSTRIAL SERVICE BE IT RESOLVED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION at meeting duly assembled on the 6 th day of July 1993, that Resolutions #242„ #329 , and #348 are hereby repealed, and that the following electric rates shall be and hereby are established for all customers of the Shakopee Public Utilities Commission, City of Shakopee, except those customers located within the area acquired from Minnesota Valley Electric Cooperative in 1991 : Section I : RESIDENTIAL SERVICE: (RE) Availability: Residential dwellings First 50 KWH @ $ . 085 per KWH Next 50 KWH @ $ . 080 per KWH Next 400 KWH @ $ . 070 per KWH Next 500 KWH @ $ . 063 per KWH Excess KWH @ $ . 060 per KWH Plus power adjustment charges on all KWH Minimum bill $4 . 00 per. month Section II : COMMERRCIAL SERVICE: (CS ) Availability: Non-residential customers with less than 15KW Demand First 50 KWH @ $ . 150 per KWH Next 50 KWH @ $ . 100 per KWH Excess KWH @ $ . 063 per KWH Plus power adjustment charges on all KWH Minimum monthly bill shall be the greater of : ( 1 ) . One dollar ( $1 . 00 per KWH of installed three phase capacity for the first 7 plus fifty cents ( $ . 50 ) per KVA for each additional or (2 ) . $4 . 50 Section III : RESIDENTIAL WATER HEATING (CLOSED Availability: Existing installations only All KWH @ $ . 063 per KWH Plus power adjustment charges on all KWH The minimum monthly bill for water heating service is $3 . 50 . Section IV: SERVICE FOR SENIOR CITIZENS) Availability: Residential dwelling occupied by senior citizens First 100 KWH @ $ . 075 per KWH Next 900 KWH @ $ . 063 per KWH Excess KWH @ $ . 060 per KWH Plus power adjustment charges on all KWH Minimum monthly bill $3 . 50 Section V: LARGE GENERAL SERVICE: Availability: Non-residential customers with demand of 15 KW and over The monthly bill shall be the sum of the demand, energy, and power adjustment charges calculated according to the following schedule: DEMAND CHARGE: First 50 KW of billing demand $7 . 40 KW per month All over 50 KW of billing demand. . $7 . 10 per KW ENERGY CHARGE: All KWH per month $ 030 per KWH Plus power adjustment charges on all KWH Minimum monthly bill The demand charge Demand: The billing demand shall be the customer' s greatest 15 minute demand in kilowatts, incurred during the month for which the bill is rendered, but not less than 60% of the highest demand during the preceding 11 months of 15 KW, whichever is greater. Section VI : LARGE GENERAL SERVICE WITH POWER FACTOR ADJUSTMENT: Availability: Non-residential customers with demand in excess of 150 KW The monthly bill shall be the sum of the demand, energy and power adjustment charges calculated according to the following schedule . The billing demand shall be as described in this section. DEMAND CHARGE: First 50 KWH of billing demand $7 . 20 per KW All over 50 KWH of billing demand $6 . 70 per KW ENERGY CHARGE: All KWH per month $ 030 per KWH Plus power adjustment charges on all KWH Minimum monthly bill The demand charge Determination of billing Demand: The billing demand shall be the customer' s greatest 15 minute demand in kilowatts, incurred during the month for which the bill is rendered, but not less than 60% of the highest billing demand during the preceding 11 months of 15 KW, whichever is greater. The customer agrees to maintain an average power factor at or above 90% . If the average power factor is less than 90% lagging, the billing demand shall be adjusted by multiplying the actual 15 minute demand measured during the month by the ratio of 90% to the average power factor expressed in percent . Average Power Factor: The average power factor is defined to be the quotient obtained by dividing the KWH used during the month by the square root of the sum of the squares of the KWH used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. Section VII - LARGE INDUSTRIAL SERVICE : Availability: Non-residential customer with demand of 1000 KW and over. The monthly bill shall be the sum of the demand and energy charges calculated according to the following schedule: DEMAND CHARGE: First 100 KVA of billing demand $6 . 55 per KVA All over 100 KVA of billing demand $6 . 30 per KVA ENERGY__CHARGE: All KWH per month $ 030 per KWH (plus power adjustment charges on all KWH) Determination of billing demand : Billing demand in any one month shall be the larger of the following: 1 . The actual KVA demand; or 2 . 60% of the greatest demand in KVA bill during the preceding 11 months; or 3 . 1 ,000 KVA The billing demand in kilovolt-ampere will be determined by dividing the maximum demand in kilowatts by the monthly average power factor and will be rounded to the nearest whole KVA. Average power factor: The average power factor is defined to be the quotient obtained by dividing the KWH used during the month by the square root of the sum of the squares of the KWH used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. SECTION VIII : VERY LARGE CUSTOMER Bi-MONTHLY PAYMENT CLAUSE: For electric customers having a monthly bill of $40 ,000 . 00 per month or greater, or having a projected monthly bill of $40 ,000 . 00 per month or greater, the terms and conditions contained in the previous sections are modified as follows : a ) Electric meters shall be read bi-monthly, b) Billing for electric usage shall be rendered bi-monthly, c ) Electric service shall be billed under Sections V, VI , VII , XI, as applicable, d) The rates under which billing is made will be revised such that the total of the two bi-monthly bills in each month will be equal to the single monthly bill using the standard rates in Sections V, VI , VII , XI , as applicable , e) Payment shall be due upon receipt of the bill statement , f) The prompt payment provision of Section XI shall be amended to read: If payment in full is not received at the office of the Shakopee Public Utilities Commission within 5 working days of the delivery or attempted delivery of the bill , a penalty of 5% shall be added to the current bill at the conclusion, of that business day. g) A grace period, of no more than 5 days after the date for the imposition of the 5% penalty, shall be allowed prior to disconnect of service . Section IX : LOW LOAD FACTOR CLAUSE: A customer, whose usage characteristic is routinely below a 5 percent monthly load factor, may apply to the Utilities Commission for assignment to another non- demand-rate schedule. Consideration will be given to the contribution in aid of construction made by the customer to offset capital investment by the Shakopee Utilities , and may include other factors . Any assignment granted will continue only for the period of time specified, and billing will revert to the standard rate schedule at the end of that period, except when the assignment is cancelled before the end of that period by the Utilities Commission . The Utilities Commission reserves the right to cancel an assignment granted under this section, and such cancellation may occur without prior notice. Section X : LIMITED OFF PEAK CLAUSE: A customer normally billed under a demand rate schedule, who anticipates a single instance usage of energy which is riot typical for their service , may apply to the Utilities Commission in advance of the occurrence for an advanced waiver of the demand charges for that single instance of usage. Consideration will be given to the estimated cost of purchased power for the period of time covered by the single instance usage, the ability of the facilities in place to accommodate the unusual load, and may include other factors . Any advance waiver granted will apply only for the period of time specified, and billing will revert to the standard rate schedule at the end of that period, except when the waiver is cancelled before the end of that period by the Utilities Commission . The Utilities Commission reserves the right to cancel the waiver granted under this section , and such cancellation may occur without prior notice. Section XI : THE FOLLOWING CLAUSES APPLY TO ALL RATES : PRIMARY METERING: At the option of the electric department , secondary voltage service hereunder may be metered at the primary voltage, in which case a 2% cash discount will be allowed on the amount of the monthly bill , with the discount applied to all charges except the power adjustment charge . PRIMARY VOLTAGE SERVICE: If the customer agrees to take service at the primary voltage available at his location and to pay all costs incurred in the ownership, operation and maintenance of transformers and substation equipment (except meters ) with service to be metered at the • primary voltage, a cash discount of 5% will be allowed on the amount of the monthly bill , with the discount applied to all charges except the power adjustment charge. AVERAGE POWER FACTOR : The average power factor is defined to be the quotient obtained by dividing the KWH used during the month by the square root of the sum of the squares of the KWH used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. LOAD FACTOR : Load factor is defined to be the quotient obtained by dividing the KWH used during the month, by the KW demand during the same period, and dividing the result by the number of hours in that billing period. POWER ADJUSTMENT: There may be added to or deducted from the monthly bill a Power Adjustment charge, as set by the Shakopee Public Utilities Commission Resolution . MINIMUM POWER FACTOR REQUIRREMENT: The customer must maintain an average power factor not less than 80% lagging. And to avoid leading power factors at any time. PROMPT PAYMENT PROVISION: A penalty of 5% shall be added to the current bill if not paid on of before the 15th of the month following the date of billing. A charge of $15 . 00 will be collected resuming service that has been discontinued for non-payment . A charge of $10 . 00 will be collected if serviceman is sent to collect the payment only. BE IT FURTHER RESOLVED that said terms and adjustments are to become effective from and after July 15 , 1993 for the August 1993 billing and for all subsequent billings; BE IT FURTHER RESOLVED that the rate adjustment enacted July 6, 1993 for the customers of the Shakopee Public Utilities located in the acquired area shall remain in full force and effect; BE IT FURTHER RESOLVED that all things necessary to carry out the terms and purpose of the Resolution are hereby authorized and performed. Passed in regular session of the Shakopee Public Utilities Commission this 6th day of July, 1993 . t2ire9'61 President , Terrence E. O'Toole TTEST�: r Secretary, Barbara Menden OFFICIAL PROCEEDINGS OF THE SHAKOPEE PARK & RECREATION ADVISORY BOARD JULY 26, 1993 The meeting was called to order at 7 :00 p.m. in the City Hall Council Chambers . Paulette Rislund presiding. Present : Paulette Rislund, Paul TenEyck, John Tieben and Dolores Lebens. Absent : Anne Siefert, Steve Johnson and Bob Tomczik. Lebens/Tieben to approve the agenda. Motion carried unanimously. TenEyck/Tieben to approved the July 26, 1993 minutes as kept . Motion carried with Board member Lebens abstaining. Mr. Stock reviewed a request from residents within the Kilarney Hills Subdivision for improvements to the park located in their area. Mr. Stock noted that approximately 3 .44 acres of land was dedicated as a part of the Kilarney Hills Subdivision in 1971 . At that time, the subdivision was within the Eagle Creek Township. Mr. Stock noted that City staff has not taken a proactive approach to developing this park since there are only 9 homes presently located in the subdivision. Additionally, Mr. Stock noted that at one point in time their was concern that the southerly bypass would be going through this area. Mr. Stock noted that the current southerly bypass alignment will miss the entire subdivision. Mr. Merlin Jeseritz and Rod Robinson were present to explain their desire for the park to be approved. Mr. Robinson noted that there is presently a pile of rock and construction debris on the park. He requested the Park Board to consider having the rock piles removed. He also requested that several holes be filed in the park. Mr. Robinson and Mr.Jeseritz indicated that residents in the area have taken the liberty to cut the grass in the park in the past . They are very willing to continue to maintain the park if the rock piles could be removed. The residents went on to state that they understand that it would be cost prohibitive to do major improvements in the park since it only benefits 9 homes and 19 children. They did hope that the City could cut the grass on a regular basis . They also stated that if a backstop could be installed it would be greatly appreciated. The residents also offered to install the backstop if the City would provide the materials . Mr. Stock stated that he felt the requests being made by the residents were more than reasonable and that the rock piles could be removed in short order. Mr.Stock stated that he appreciated the residents interested in maintaining the park and that perhaps this neighborhood could be used as an example for the adopt a park program which is scheduled for discussion later this evening. The residents stated that they would be interested in the adopt a park program and would be happy to assist the City in maintaining the park. Chair Rislund commended the residents for attending the meeting and concurred that the requests were reasonable . Official Proceedings of the July 26, 1993 Shakopee Park & Recreation Advisory Board Page -2- Lebens/TenEyck moved to direct staff to take the necessary steps to have the rock piles and debris removed from the park and to work with the residents of Kilarney Hills to develop a improvement and maintenance plan for their park. Motion carried unanimously. Mr. Stock stated that several communities are implementing an adopt a park program similar to the successful adopt a highway program. Mr. Stock questioned whether or not the Board felt it would be beneficial for the City to pursue the development of such a program. Mr. Stock stated that if the Board is supportive, staff would draft program guidelines. Mr. Stock noted that he did not feel that some of the larger parks in Shakopee would be suitable for the adopt a park program but that the neighborhood parks would more likely suit the program. Commissioner TenEyck stated that perhaps the program could include special projects within larger parks that could be adopted by various groups. Mr. Stock stated that the program guidelines could include the development and maintenance of particular projects within larger parks. TenEyck/Lebens to directed staff to develop program guidelines for an adopt a park program to be presented at the August meeting. Motion carried unanimously. Mr. Stock noted that at the June 28, 1993 meeting the Park & recreation Advisory Board recommended approving Option A for the installation of new playground equipment at Veterans Memorial Park contingent upon staffs solicitation of $10, 000 . 00 in donations from local service organizations . Mr. Stock stated that he has discussed the matter with VFW officials . He will be attending the Board meeting next Wednesday to present a proposal for funding. ; Based on preliminary discussions however, Mr. Stock stated that he believes that the VFW will only contribute approximately $100 . 00 per month to the project over a 5 year period. Mr. Stock stated that Mr. McQuillan is working with the American Legion and that a similar contribution might be in the works from the Legion. These two attempts for donations fall short of the Park & Recreation Advisory Board' s $10, 000 . 00 additional match. Mr. Stock went on to state that he felt that this project is of major significance and that in his opinion was one of the highest priorities for park development in the City at this time. Memorial Park receives a great number of users through the course of a year. The park is a primary rest stop for travelers as well as for residents who schedule family reunions, picnics, etc. Mr. Stock reviewed a revised park reserve fund projection analysis . Mr. Stock stated that he was recommending that we go ahead with the Option A and complete the project yet this year. He stated that the park reserve fund will still have a positive fund balance through 1996 given the projects that have been identified for completion over the next three years. Basically, the park reserve fund receives $30, 000 . 00 per year in park dedication fees. In essence this is Official Proceedings of the July 26 , 1993 Shakopee Park & Recreation Advisory Board Page -3- what we will have available to complete park development projects from this point forward. Commissioner TenEyck stated that he felt that playground equipment project at Memorial Park was badly needed. He stated that he was in favor of utilizing the park reserve fund to complete the entire project at this time. Mr. TenEyck also questioned whether or not the capital improvement fund could be utilized in the future for land acquisition. He questioned whether or not the property south of the High School would be acquired with the capital improvement fund. He noted that when the swimming pool liner was paid for out of the park reserve fund that Council indicated that the capital improvement fund could be utilized for park needs. Mr. Stock stated that the pool liner was approximately $120, 000 . 00 . The property south of the High School was being acquired with funding from the capital improvement fund. The cost for the property south of the High School will be in excess of the $120, 000 . 00 that was allocated from the park reserve fund for the pool liner. Mr. Stock did state that in the future the capital improvement fund could be used for land acquisition if Council so desired. Chair Rislund stated that she also feels at this time that it would be appropriate to proceed with the entire playground equipment at Memorial Park utilizing the park reserve fund. Lebens/TenEyck to recommend to City Council that the appropriate City officials be authorized to purchase new playground equipment from Earl F. Anderson not to exceed the bid amount of $45, 684 . 67 and allocate an additional $3 , 000 . 00 for the purchase of border and pathway materials to be installed by City staff with the entire project cost to be allocated from the park reserve fund. Motion carried unanimously. Discussion ensued on the 5 year park improvement program. Mr. Stock noted that there are a number of major projects included in the 5 year park improvement program that rely heavily on contributions from organizations and/or grants. He noted that the park reserve fund will not have adequate funds to complete all the projects as scheduled. He also noted that many of the projects that are scheduled rely on contributions from community organizations . The park reserve fund will continue to have a small positive fund balance due to the fact that major projects which require organization contributions or grants are simply not pursued if the contribution or grant is not received. Mr. Stock stated that some of the projects that are listed in the 5 year development plan have been pushed back due to the lack of funding. Mr. Stock questioned whether or not the Park Advisory Board wants to take a more pro-active position in completing some of the major projects . Mr. Stock acknowledged that funding will be an on-going concern to get these projects completed. Official Proceedings of the July 26, 1993 Shakopee Park & Recreation Advisory Board Page -4- Commission TenEyck stated that he felt the Park Board should take a more pro-active position in seeing that some of these projects get completed in a timely manner. He noted that funding will always be an issue . The Park Board should develop a plan and present it to City Council for adoption. A funding source other than contributions should also be identified. Chair Rislund stated that she would like staff to complete an analysis of the various City funds and what they can be used for. She felt that this would be beneficial in making a recommendation to City Council . TenEyck/Lebens to direct staff to prepare a priority list of major park improvement projects and a analysis of the various City funds for discussion at the next meeting. Motion carried unanimously. Mr. Stock stated that this past February residents from Foothill Trails appeared before the Board to request a temporary ice skating rink on a neighborhood dead end street . Mr. Stock noted that the Public Works Director is opposed to the idea for several reasons . Mr. Stock noted that the Public Works Director is concerned about ice and snow expediting the deterioration of the road. Mr. Stock noted that an asphalt surface is also not a very good surface to make ice on. Liability is also a concern when something is placed on public right-of-way. For the aforementioned reasons, staff is recommending that no ice skating rink be constructed in the Foothill Trails subdivision at this time. Mr. Stock noted that there is no other park land in the area where a ice skating rink could be constructed. Chair Rislund stated that she felt the residents should be informed by letter of the rationale for not pursuing an ice skating rink. She also noted that Mr. Hutton' s list of concerns are valid and make construction of the rink in that area somewhat prohibitive at this time. Commissioner Lebens also stated that she was concerned about setting precedence in an area by allowing park projects on City right-of-way. TenEyck/Lebens moved to direct staff to inform residents of Foothill Trails that the request for establishing a ice skating rink in their area is being denied. Motion carried unanimously. Discussion ensued on the fee structure for recreation activities. Chair Rislund noted that she believed the comments made at the referendum public informational meeting regarding recreation fees is limited to one particular team within the women' s softball league. Commission TenEyck stated that he felt field scheduling should be discussed by the Park Board later this fall . Mr. Stock stated that he felt the Park Board should review field scheduling for 1994 and determine which programs should receive priority scheduling. It was the consensus of the Board that field scheduling be included on the agenda for discussion at the August or September meeting. 1 Official Proceedings of the July 26 , 1993 Shakopee Park & Recreation Advisory Board Page -5- Chair Rislund asked if there was any other business . Commission Lebens stated that she felt dogs in City parks continued to be a problem. She questioned if the Board would support not allowing any dogs in City parks. Mr. Stock stated that the position of not allowing dogs in City parks would be a bit extreme and somewhat difficult to enforce. The concept of establishing dog walking areas in City parks was discussed. Mr. Stock stated that he felt the establishment of a dog walking area in Memorial Park would be beneficial due to the high number of travelers that use the park as a wayside rest . It was the consensus of the Board to maintain the status quo in terms of dogs in City parks . Commissioner Tieben stated that the water fountain at Stans Park is not working. He also noted that Lions Park water fountain was not working properly. Mr. Stock stated that he would have the Public Works Department check into these matters. Lebens/TenEyck moved to adjourn at 8 :20 p.m. } 4TH AVE • SHEET 27 \ 1 < ' Im_, . - • k . ... i lc f‘s,, ik;•••••::.). IIII . 1:3-:•.-::,..,.*:'-§,: .-:%:•.:ao:k:: i si•-•:-.0st:. .....i .: i!. I - 1 ...>•11 • I ...,'-' I .---„,„_____ .....,...... (I-9- 4. 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Holtz Shakopee, MN 55379 1409 East 4th Avenue Telephone(612)496-3080 Shakopee, Mn 55379 A nationwide network of building material distribution centers, manufacturing facilities and wood treatment Dear Mr. Holtz: plants serving the housing, commercial and industrial markets. We have read your letter to the editor in the Shakopee Valley News July 23, 1993. We are saddened by your feelings that our offers of building a berm or even place a strip of land between the Shakopee Village and our proposed wood preservation facility have "vanished". Our plans have not changed. We are very sensitive to the needs of your neighborhood and will continue in our effort to make our facility workable on our land. This includes the possibility of some sort of buffer yet to be determined by us with your input to take care of the needs of Shakopee Village as well as Universal Forest Products. We invite your input with regard to this as we wish to continue to be a good neighbor of yours as well as the City of Shakopee! If you have any questions please don't hesitate to call us. Respectfully, UNIVERSAL FOREST PRODUCTS &). -mes W. Scheible General Manager of Operations cc: Gary Laurent, Mayor of Shakopee Editor, Shakopee Valley News A (• Universal Company 'tribute 111° I dir. 101 WC hiuoucan L.AIICeI uueis in tins commuity, anU not W Society. e need to suppose he only critics. Hopefully, the "doers" r f lawyers, All the businesses, civic organi- will continue to work toward the bet- Work as a teamifies as a zations and individuals,the entertain- terment of the community. ment, the teams of walkers and most Robert Mayer To the editor: market of all, the committees and their help- Shakopee When 1 read Mary Kaufenberg's hecchi's ers, who all worked so hard for so letter (Valley News,:July 1), tears is theymany months ...my heartfelt thanks! Concerned `bout rolled down my eyes.It's the kids my Together we can make a difference. heart goes out to. �lilken's. g .ver, who Candy Buranen city's future No matter if it's basketball,hockey • it rewards Event chairperson or whatever,each child has a love for ions. They. Shakopee To the editor: •• something. And as a community, I )bs.They I'm not up on all the politics that it think we need to work together as a nnovative ' takes to make a city progress and team and support all activities. I feel . t S easy • into the idealplace to live the communitycenter would have rket share � � � develop de to criticize and raise a family. There's probably been a great success for the town of es.They no perfect city. But I do know about Shakopee in many different sports To the editor: raising children and some of what I activities. invest in I would like to express my appre- think are important needs in the No matter what love it is that our 'their dation to your paper, and to your community for those children. • children choose, we the community the sports editor, John Mueller, for the About 25 years ago, my husband of Shakopee need to work as a team. accom- excellent coverage he has given to the LeRoy and a large group of dedicated Because I believe working as a team rewarded. efforts of the many hardworking vol- men (some who had no children in makes everyone a winner. lestroying unteers who have attempted to pro- hockey)started the Shakopee Iiockey Shakopee. — Support, Honor, not. vide the people of Shakopee with a Association. They played hockey at Arrange, Kids, Own, Positive, �,� ws Colum_ community center,an indoor ice arena least two nights a week.It was mostly Endless, Energy. and an additional fire station. on outdoor ice.There were many cold, Juane Heitz 1 Each of the proposed improve- biter nights. For some it was very Shakopee I1 �1 A i ments to our city would have had a early weekend mornings traveling. r 0 I direct, positive effect on certain seg- These coaches also had to line up City will be p� 't ments of our population,and an indi- their own drivers. This was often a 1 /ig rect positive effect on the entire problem. held accountable �I �Q� community.One need only look across Now 25 years later, the young the river at Chaska to realize how boys and maybe girls are no better To the editor: fi,f •. improvements of this kind can en- off.They'll still have to play outdoors Sixty-five homeowners in the r '�� Nance the total development of a unless they can rent ice time, which Shakopee Village complex on East PI'? community. can be not only costly but timewise Fourth Avenue are very disappointed 1 'ks Minne The poor turnout at the polls was very hard on the young players and in the City Council's decision to al- nation for very disappointing.I am not sure what the coaches.The ice arena could have low Universal Wood Products to build e figures, I that tells us. hopefully, it does not benefited these people and many a wood-preservation facility on its J makes me indicate the level of interest 71 per- others—kids learning to skate, fig- property adjacent to the Shakopee , other states cent of the voting population has in ure skaters and many more. Village complex. :owing and the future of Shakopee. If so, this The community center, we fig- When Universal first proposed this are dimin_ community is in real trouble. ured, would also be a plus for the operation,they came to the Shakopee I would also like to compliment town.We need some place for people Village Board asking for our blessing only about the many interested hockey parents, of all ages to be able to go for what- and suggesting it would build a berm, •omes or in and other supporters, who have de- ever their particular needs — be it or even place a strip of land between Let's work voted hours and hours of their time walking,swimming,physical fitness, us that could be used as a park/play- up a little trying to provide an indoor ice arena activities,crafts, and for teen-agers a ground for the residents of the corn- ; ren. for the city. It was disappointing to place to just go and have some fun. plex.In the months since,these offers f the Min- learn that some consider their efforts We also feel we do need the new have vanished. It had not gotten our atlon. as"whining."These people obligated fire station. support. themselves to a substantial number of My husband and I voted"yes"on About six weeks ago,I attended a volunteer hours to operate a new the referendum question.We too hate Planning Commission meeting where indoor ice facility at little or no cost to to see our taxes go up. Our children this issue was aired and all but two the taxpayer.They, in fact, proposed are ali raised, but we have to be con- members of the commission voted a building on the site of the old bubble cerned about what's happening in against the proposed facility on the that would have been adequate, and Shakopee as far as our grandchildren's grounds that it was too close to hoes- gammnamp would have cost the taxpayers of this future. • ing and the potential danger to those • community a minimal amount.If their The proposed amphitheater,which residents was too great. i the July efforts to provide a suitable ice arena we know we do not vote on, we feel As a resident of this complex, I Vietnam for this community can be labeled will not fulfill these needs. Tourism, feel the council has made a serious )rning to "whining,"so be it. I only wish some yes. Someone's pocketbook at oth- error in judgment giving birth to a • oted that other segments of this community ers' expense,yes.The expense being presentiment I hope is never fulfilled. by the would work as hard to provide facili- traffic problems,noise and all-around We at Shakopee Village will be :ion. ties and services that would improve problems other cities that have am- ever watchful of our neighbors. If at the quality of life in our fair city.The phitheaters have had to contend with, any time in the future there is a prob. :r honor supporters of the ice arena have for What we cannot understand is how tem,rest assured the city of Shakopee or high years provided an ice-skating facility the city of Chaska can have enough will be held accountable. i the July for the people of Shakopee at no cost funds in reserve that it does not need Paul D.Holtz s,should to the city. I think Mary Kaufenberg to have a special referendum for proj- Shakopee f Deanna said it very well in her letter to the ects that it wants. 'ho made editor in the July 1 Valley News. The city taxes on a$90,000 home 11 Monthly Project Report - Submitted by Barry Stock July 29, 1993 Project Start Complete Status Comments 1 . Mem. Park Playground 6/1 10/15 5% Council Action Equipment 8/3 expected 2 . Pool Improvements 5/1 5/20 100% Project Closed 3 . Tapah Park Conces- 5/1 7/15 100% Project Closed sion Stand Project 4 . Referendum 4/7 6/22 100% Project Closed 5 . Clinic RFP' s ? ? 0% 6 . AWAIR Program ? ? 0% 7 . Complete new employee 7/1 8/15 70% job descriptions . 8 . Develop new employee 1/1 9/15 80% performance evaluation format . 9 . Perform Employee 1/1 ? 0% Evaluations 10 . Carpet Library 5/1 10/1 0% Quotes received. Installation in September 11 . Pest Control RFP' s 5/1 6/1 0% 12 . 1994 CIP 4/1 5/1 100% Project Closed 13 . HVAC Equipment 6/1 8/1 50% Inventory Other Comments The Recreation Dept . workload is as projected. No special projects are being planned outside the normal workload. The Building Dept . generally does not initiate special projects . The Building Depts. workload normally is dependent upon building activity levels . Current building activity levels remain strong. Code enforcement is being handled on a complaint basis . /4,;,N mkao KNI.A GuMMEK M EZuNsKl ASSoc iAT "S July 22 , 1993 Honorable Mayor Gary Laurent and City Council Members City of Shakopee 129 South Holmes Shakopee, MN 55379-1376 Dear Mayor Laurent : Klimmek Marlinski Associates has been hired by the owners to develop 90 acres of land in Jackson Township. The land lies between the city of Shakopee and the future by-pass. The attached map identifies the parcel . We are requesting the Council consider action to include this land in the MUSA in order to provide the development with city services . The development has the potential to raise the tax base by $25 - 30 million. The owners intend to petition for annexation by the City of Shakopee, as allowed by MNSTAT 414 . 033 subdiv . 2 clause 3 . This annexation request is contingent , however , on the parcel being included in the MUSA. They do not plan to develop the land if rural services of septic systems and wells must be used. I am available at any time to answer any questions you may have. Sincerely, f )? i ' L . I L Pauline A. Marlinski -t2E l N cc: City Administrator C0NST-uCTIOh1 2�MotEu NG GONILI-T-INCI P 0. BOX 155 GAYLORD. MN 55334 612-237-2066 t - ` 3 MONTHLY PROGRESS REPORT LAW DEPARTMENT Civil projects are shown on this page; a separate chart showing prosecutions is prepared. Project Start End Date Status Comments Subdivision 5/92 12/93 On hold Behind schedule regulations due to other pressing projects Zoning ordinance 3/93 10/93 Original schedule exceedingly optimistic; presently 2 weeks behind that schedule. AG and residential provisions under review Cheers 2 Ya 4/93 6/93 Closed Hearing cancelled when liquor license not renewed Jerry' s Bar 5/93 8/93 On schedule, hearing board report to be sent out first week of August City Code update 10/91 8/93 Ready to go to printer [2 9MEMO2] NUMBER OF APPEARANCES 0) 0� (0�! 0 O p p p 01 O O 0 0 mi 0 Z / A milli . , t 3. 0 . , , > ///////////////////////////////////: 0 _. . , z., _ co c 4..< K X ////////////////////////////// I K t v // / illIl 0 H O Z ,iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii p 1 ff iii A mi° > -%////////////// //// //// `n V ...0, C ?� - .-s M (/) 7/ MIMI m > MIMI 7:1 O 1 0 Z 0 0 ialEMMIlmimmim m n cn __, 7 __. __.(c) , co co co , CO (SD / W N Number of Appearances 0 I . o . . . 0 . . 11 -6y,/O////O/f, ' /I/III/I/IIIIIIIUIIA 4441 (p N ,eel !I!O/!//!lI I 7/I!I///4+4+I 14-4\\\\\\\`RRa9 W I N— / / / i /.. (0 W 1 W I tel/ co CD ///////////////////////, % Sr\,..) (gyp N ///////// %//irmtk.l` ax,:,: ::::::� ! W co 4N2�/ // / / /, I , '' CO cc0 N %///// / / / /. i ■ . 0:.....:......._... W � 0 ��// / / / O � N) 7/ / /// / / / // // .,/ /. . ` :.:..:7 Co C rn CD 53 W 2_,-///WIIII/!/!//l/////////!/!/!//!//�!////!I//�/III//l/I////AZl,\\\\\\\\\\\ .1 D p N �!////!//O///!!// / ////////00/� / \\\\!X ) 10 W I COM (:).-r/ /// , / N. :.:.:. ill` Co N- .) DCo - (D / / / / .! :v.v..•: (D N D W 1- - �-,,/ // / / //// '/////////,//// //A 't\ ...::.•:.: INFORMATIONAL ONLY TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Relief Certification Of City Contribution DATE: August 2, 1993 The City Clerk has received the Shakopee Fire Relief Association certification of municipal contribution requirements by August 1st as required by state law. The amount certified is $43,407 which should be included in the Fire Departments 1994 budget. This amount is based on no increase in the pension benefit level. The original 1994 budget request from the Fire Chief had $30,000 included for the pension contribution. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 2 , 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 13 Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approval of the Minutes of July 20, 1993 10] Communications : 11] Public Hearings : None 12] Boards and Commissions' Recommendations : Park and Recreation Advisory Board: *a] Playground Equipment Bids for Memorial Park 13] Reports from Staff : a] Financial Assistance to Murphy' s Landing *b] Jaycees Temporary Beer License c] Policy Directions for the Chaska Interceptor *d] Tent Sale Request - Lathrop Paint Supply *e) Comprehensive Sanitary Sewer Study *f) Approve Bills in the Amount of $114, 631 . 65 *g] Declaration of Surplus Vehicles *h] Sewer Construction and Maintenance Agreement i) Rescue Boat Replacement TENTATIVE AGENDA August 2, 1993 Page -2- 14) Resolutions and Ordinances : *a) Res. No. 3838 - Calling a Hearing on Downtown Streetscape, Phase II, Project 1993- 12 *b] Res . No. 3839 - Ordering Advertisement for Bids for VIP Sewer Interceptor & Rahr Forcemain *c] Res. No. 3840 - Awarding Bids for Upper Valley Project, 1993-3 - On Table *d] Ord. No. 361 - To adopt new Swimming Pool Construction Requirements. 15] Other Business : a] b] c] 16] Recess for Executive Session to discuss collective bargaining 17] Re-convene 18] Adjourn to Tuesday, August 17, 1993 at 7 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting August 3 , 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of July 6 , 1993 Minutes 3 . Other Business a) b) 4 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG SESSION SHAKOPEE, MINNESOTA JULY 6, 1993 Chrmn. Beard called the meeting to order at 7 : 03 PM with Cncl . Vierling, Lynch, Laurent and Sweeney present . Also present : Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Dave Nuumer, Civil Engineer; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Vierling/Lynch moved to approve the June 1, 1993 Minutes . Motion carried unanimously. Mr. Stock reviewed activities to date involving the sale of property on East 5th Avenue to Mr. Rutt . He explained that Mr. rutt is requesting that� ri he property complete the torrens proceedingstransferred to him now and that the City escrowY Ms. Marty commented that it would not be difficult to escrow the money to do the transfer. It would also be an option to escrow the deed from the City of Shakopee to the HRA. Ms. Marty stated that if the City could not get a clear title then the City would have to research other aspects,e but at this contested time she did not feel the torrens proceeding Mayor Laurent commented that the torrens matter was being handled by an outside law firm and that the City would be transferring the title, not the HRA. Laurent/Lynch moved to authorize the appropriate HRA officials to pursue the closing of this property with an escrow set aside for torrens proceedings Motion carried unanimously.t the HRA ask the City Council to issue a deed to the Chrmn. Beard adjourned the meeting at 7 :16 PM. Dennis R. Kraft City Administrator Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 20 , 1993 Mayor Laurent called the meeting to order at 7 : 03 PM with Cncl . Vierling, Lynch, Beard and Sweeney present . Also present : Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Dave Hutton, Public Works Director. Beard/Lynch moved to approve the agenda. Motion carried unanimously. Liaison reports were given by the Councilmembers . Mayor Laurent had no Mayor' s report . The following items were added to consent business : 11a) Hiring of Fire Fighters and 11g) Authority to Pay Claims and Bills Prior to Council . Vierling/Lynch moved to approve the consent business as modified. Motion carried unanimously. Vierling/Lynch moved to pprove the Mot ion carried underes of June consent business . ), ue 29th and July 6, 1993 Mayor Laurentinformed theZoning Ordinances onthe agenda the 4/5 ° dthe ueu °and uld c ussthe Amendments t vote needed in order to pass . Mr. Ekola gave a brief presentation on the conditional use permit being requested by businesses on Maras Street to allow retail sales . He stated that the Planning Commission requested denial of thising Advisory amendmas started meetingand should conclude inalso commentedthat the n S has started Committee Beard/Sweeney moved to direct Staff to prepare an ordinance to amend Section with h Light Conditionalll Use Permit Zing District, to allow retail sales Cncl . Beard commented he wanted to speak to the motion. Mr. Chris Anderson, 1438 Maras Street, stated that if the amendment a subsequent Conditional Use Permit was not granted by the first of the year, he would lose his retail license. He stated that if this did not pass that he would brought ack lNovember, after the Zoning Advisory ttgs are complete, to amendat that time. Cncl . Beard commented on the Maras Street businesses and stated that the City needed to help the little businesses out . He stated that he wanted thes eu cit come back the at a later date.adment n at this time but would like to Official Proceedings of the July 20, 1993 Shakopee City Council Page -2- Cncl . Sweeney commented that he would not vote in favor of any text amendments as long as the zoning ordinances are being rewritten. Ms . Marty informed Council of Section 1104 of the City Code which requires that six months pass between when an amendment under the Code is wholly and partially voted down and the time you can bring it back. Therefore, she suggested tabling this item until November in order to bring it back at that time. Mr. Hutton appeared at this time . Beard moved to table this matter until the first regular scheduled meeting in November. Motion failed for lack of second. Cncl . Beard commented that he would like to see this business remain in Shakopee and that Council needed to look at the whole situation and help these businesses . Vierling/Beard moved to table until the first meeting in November. Motion carried with Cncl . Lynch and Sweeney dissenting. Mr. Ekola gave a presentation on the amendment requested to allow wood preservation facilities in the I-1 District . He commented that there were four additional requirements added to protect the environment . Sweeney/Lynch offered Ordinance No. 358, and moved its adoption. Cncl . Sweeney wanted to speak against the motion by stating that he did not want to make any changes to the ordinance until the entire ordinance is rewritten. Cncl . Vierling stated that no zoning is to be changed by the Zoning Advisory Committee . She commented that she would be supporting the motion. Cncl . Beard stated that he would also speak for the motion in that using the conditional use permits the City could control what was going on and to review the project every year. Mr. Jim Scheible, Universal Forest Products, stated that he would like to remain in Shakopee to do business and that he has been working closely with Staff to prepare this amendment and asked Council to approve it . Mayor Laurent commented that he would be voting in favor of the amendment since the fact the process of redoing the zoning ordinance was going on is not the applicant' s fault . 20 , 1993 Official Proceedings of the July July 0- Shakopee City Council Page Motion failed with Mayor Laurent, Cncl . Beard and Vierling voting in favor of the motion. (4/5 vote needed to pass zoning ordinance amendment) Mr. Ekola gave a presentation on the request from Ladbroke Company ordinance at Canterbury Downs . He stated that to amend the zoning there were 6 , not 7, additional requirements to the proposed amendment . Mr. Richard Reichow, CEO Ladbroke Racing Corporation, commented that this meeting would not determine the'breaking of ground for an amphitheater. He stated this would allow noisethem to do and thee preliminary studies for traffic, me to continue from there . Mr. Reichow stated that there would fonot abe horse racing at the facility, the race tackhas been nyupss at r sale for a year and there have not been any prospective time. He informed Council that there is an urgency tothiser and ter Since St .hako Shakopee wereul is consito proceed they shouldddogso soon. P Cncl . Lynch posed the question of jobs that would be available and how many would be part time and how many would be full time . Mr. Reichow stated that most of the jobs would be part time, but that total jobs would be with Shakopee about the marketaround 400 . He also value the agrement that Ladbroke has of the property would stay in effect until the agreement ends . Mr. Dana Ward, Target Center, stated that the amphitheater could contribute to the community, increase the quality of life and not be a deterrent to the arket value of homeommunity. He s woulded abe t the incr aced,rand should not go up, the the noise levels would be within the law or they would not be able to operate . Mr. Don Iberg, Architect, presented two architectural drawings to show Council what the proposed tt amphitheater would be1ook like in 20 , 000 seatswa different situations . stage house and sound walls . Mr. Jack Ritsen, Rights & Johnson Williams, Dallas, Texas (Consultant) , described the noise aspect stateds that compafed to other amphitheaters around the country. PM the residential noise level drops by 10 DBA. ow close the Mr. Ward commented on the similariticompared toes as far as other cities .h He commented residences are in Shakopee that the shows usually start artist . He stated that a ' around thel0 :30 , 11 : 00 shows would PM, usually dictated by t run from Memorial Day to Labor Day and only about 30 shows a year. Official Proceedings of the July 20, 1993 Shakopee City Council Page -4- Mr. Reichow informed Council that Ladbroke would be willing to give the Racing Commission back the Class A License if the amphitheater went through in Shakopee . Ms . Marty explained the differences between a PUD and Conditional Use Permits . Sweeney/Beard offered Ordinance No. 385, and moved its adoption. Cncl . Sweeney asked to speak against the motion. Mr. Dana Dougherty, Director of Thoroughbred Association, commented that he would like Ladbroke to continue looking for supporters in the racing business . Mr. Rod Krass, representing the Thoroughbred Association, stated that they did not want to lose the racing district and that there are 7 other zones that a conditional use could be used to allow the amphitheater. Mr. Daniel Milsweth, Red Wing Horseman, requested Council to keep Canterbury Downs in the racing district . He also submitted some petitions to the Council of citizens who want the race track continued. Cncl . Lynch asked the Thoroughbred Association representatives how long they would perceive to keep the track available for future use if this amendment was turned down. Mr. Dougherty commented that if Ladbroke did not gain the vote of the Council for the amphitheater then Ladbroke would continue to negotiate with HBPA to conduct racing in ' 94 . Mr. Tom Knutson, West St . Paul, served on the Racing Commission, stated why in his opinion Ladbroke no longer has a license to race live . Mr. Tom Goodspeed, 207 Atwood Street, stated that as far as traffic concerns, that would be resolved by the new highway, there would be little crime due to police and security, little sound due to sound walls . He stated that it would not only be rock and roll concerts, but also country, etc. He stated there are many benefits including the ice arena, the jobs and the tax base. Mr. Curt Olson, 620 McDevitt Circle, commented on the street peddlers that follow the bands, the noise, traffic problems and drunk driving possibilities. He commented that he would be in favor of the conference center, but not the amphitheater. Ms . Katherine Kincs, 2860 Eagle Creek, was concerned about the noise abatement since the homes are 50 feet or more above the flat plane that Canterbury Downs is on. She was also concerned about the property value of their home. 20 , 1993 Official Proceedings of the July July 0- Shakopee City Council Page Mr. Bo Spurrier, 1717 Presidential Lane, commented on the traffic issue and that the EIS should have some sort of delay for departure . He was not in favor of the amphitheater. Mr. Calvin TenEyck, 1707 Montecito Drive, stated that he could hear Valleyfair' s music and therefore would hear the amphitheater. He Sao an operating to eook at the rat ng raceetraccklc impact to the citizencompared to amphitheaters of Shakopee for Mr. Al Dubois, 1982 Davis Court, thought that Ladbroke should have the plans under way and have figures available as far as noise and traffic if they are under a time constraint . He stated that he contacted real estate companies to fight the amphitheater.amphitheater, and the company suggestedg Mayor Laurent recessed the City Council meeting for a break until 9 :45 PM. Mr. Richard Woodruff, 8296 Horizon Drive, represented Concerned Citizens of Shakopee who oppose the amphitheater. He presented Council with a petition of 1, 000 signatures of citizens who oppose this amendment . He stated that he contacted Noblesville, Indiana, and talked to citizens, who suggested to fight the amendment . He stated some of the problems would be : noise from music, people yelling; dead heads surrounding the community, drugs, theft, traffic, minor consumption, housing values, etc . Mr. Mike Jensen, 1054 Leion race track but now thatthe, stated that it' s here he hasaccept not was accepted of the , he said it is a tax base and viable entity. Mr. DaveCawould62 effectl the ek comp plan,aretherasked on noise and conditional use traffic. Mr. Roger Winner,what decibels that and thate the citizens noisenlevel to understanddhat dec belseallywere would not be as bad as it seems. Mr. Kurt Holton, Local Horsemen' s Benefit, stated that their organization could continue negotiations with Ladbroke to get endorsed by the Board to continue racing. Mr. Paul Schmitz, 1401 Tyrone Drive, commented on the market value of his property. Mr. Joe Zak, Planning Commission, stated that he did not like the urgency that seemed to be imposed by Ladbroke . He also commented on the jobs that would be available. Official Proceedings of the July 20, 1993 Shakopee City Council Page -6- Mr. Tom Goodspeed asked Council to look at the facts and not speculations of problems . Mr. Richard Woodruff commented that a City in California is suing a neighboring City with an amphitheater because of the noise level . Mayor Laurent commented that he had received a letter from a citizen that was for the amphitheater. Mr. Rich Reichow stated that the race track is done and will probably never be back and the City. should be looking for alternative ways to use the facility. Motion failed unanimously. Vierling/Lynch offered Resolution No. 3836, A Resolution Revoking Conditional Use Permit No. PC-593 (Renewal) , and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3832 which would amend Resolution No. 3591 by allowing Promise Avenue to be constructed as a temporary over-length cul-de-sac street provide that the entire looped street section is graded and graveled, a temporary paved turnaround surface is provided at the end of Promise Avenue, traffic barriers as approved by the city Engineer are provided to keep public traffic off the graveled Dominion Avenue until it is paved with Phase II, and moved its adoption. (Motion carried under consent business . ) Mayor Laurent recessed the City Council meeting for a five minute break at 10 :23 PM. Cncl . Lynch reconvened the City Council meeting. Mayor Laurent abstained from voting on the final plat of Stonebrooke 2nd Addition due to conflict of interest . Sweeney/Vierling offered Resolution No. 3831, A Resolution Approving the Final Plat of Stonebrooke 2nd Addition, and moved its adoption. Mr. Gary Laurent, Laurent Builders, commented on the lots per phase in the addition and stated that this would result in two extra lots being added to the development . He stated that they were below the EIS numbers of lots per development . Motion carried with Mayor Laurent abstaining. Vierling/Lynch moved to recommend Council approve Bob Riesgraf, Ed Schwaesdall, Dennis Pauly and Christopher Link to be hired to the Shakopee Fire Department . (Motion carried under consent business . ) • Official Proceedings of the July 20 , 1993 Shakopee City Council Page -7- Mr. Wayne Blue, represented the Disabled Veterans Chapter 1, informed Council that he would like to start a pull tab operation at Dangerfields . He stated that he hires the employees, supervises the gaming operation and stated that the most of the funds are reverted back to the VA Hospital and operation of disabled veterans . Mayor Laurent informed Mr. Blue that Shakopee requires that 75 percent of the money be spent in Shakopee . Ms . Marty stated that the permits for the pull tabs is reviewed every year by the State. Mr. Blue stated they would be signing a one year lease with Dangerfields starting the first of October. Beard/Vierling offered Resolution No. 3837, A Resolution of the City of Shakopee, Minnesota Approving a Premises Permit for the Disabled American Veterans, and moved its adoption. Motion carried unanimously. Vierling/Lynch moved to approve the applications and grant temporary non-intoxicating liquor licenses to the Shakopee Jaycees for August 6th-8th at canterbury Downs, for August 7th at Lions Park, and for July 30th-August 1st, 1993 at Tahpah Park. (Motion carried under consent business . ) Vierling/Lynch moved to approve the application and grant a license to the Shakopee Chamber of Commerce for circus performances by Carson & Barnes Five Ring Circus on August 6, 1993 at Canterbury Downs . (Motion carried under consent business . ) Vierling/Lynch moved to approve the application from Mr. Arthur Smith, 921 East 3rd Avenue, and grant deferment of special assessments to parcel #27-004091-0 for the 1991-3 2nd Avenue Public Improvements, pursuant to the conditions outlined in Section 2 . 82 of the City Code, and approve refunding $255 . 53 already paid. (Motion carried under consent business. ) Vierling/Beard moved to authorize the appropriate City officials to reimburse Mr. LeRoy Menke for street oversizing costs in the amount of $2, 500 . 00 for Milwaukee Manor Subdivision. Mr. Hutton stated that the City has paid oversizing costs in the past and it is policy for streets to be constructed over 36 feet . He stated this was an abnormal street size for this plat . Cncl . Sweeney stated that if this request is approved then the people who live would were the alley between and Minnesota to paveStreets. assessed Official Proceedings of the July 20, 1993 Shakopee City Council Page -8- Mr. Hutton stated that consistent policies were used when this alley was paved and that it was also on the five year plan. Mr. LeRoy Menke, Milwaukee Manor, commented that this should be considered a new plat and that he should be reimbursed for the cost of the extra four feet . Motion carried unanimously. Vierling/Lynch offered Resolution No. 3826, A Resolution Authorizing Administrative Personnel to Pay Claims and Bills prior to Council Review and moved its adoption. (Motion carried under consent business . ) Discussion ensued on the need to establish a sinking fund for equipment failures . Cncl . Sweeney stated that he was not in favor of contingency funds used to pay for unbudgeted repairs and equipment . Cncl . Vierling stated that she favored past practice in this area. No action was taken on this item. Consensus was to maintain the status quo and revisit this item prior to embarking on the 1995 budgeting process. Vierling/Lynch moved to direct that garbage service rates be increased by $1 . 88 for one month to generate the garbage service assessment fee mandated by and to be remitted to the state. (Motion carried under consent business . ) Vierling/Lynch moved to authorize staff to retain Corporate Risk Managers to solicit and evaluate proposals for 1994 group insurance policies . (Motion carried under consent business . ) Vierling/Lynch moved to request Scott County to approve of the reduction in the amount of the special assessment due on the pay 1993 tax statements for parcel 27-004071-1, 2nd Ave. project, code 27076 from a total of $997. 14 to $560 . 53 . (Motion carried under consent business . ) Vierling/Lynch moved to approve bills in the amount of $1, 052 , 008 . 23 . (Motion carried under consent business. ) Vierling/Lynch moved to appoint Mr. Barry Stock as Acting City Clerk for the period July 25th to July 31st, 1993 . (Motion carried under consent business . ) Vierling/Lynch moved to transfer the M. I .S. Coordinator position from the Administration Department to the Planning Department and change the position from an exempt to a non-exempt position, with Official Proceedings of the July 20, 1993 Shakopee City Council Page -9- the recognition that the position will no longer receive an additional 40 hours leave per year as provided for in the City' s Personnel Policy. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3830, A Resolution amending Resolution No. 3720 Adopting the 1993 Budget and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3829, A Resolution Setting the Public Hearing Date to Consider the vacation of a 17 foot wide portion of the 10th Avenue right-of-way located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition, and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3835, A Resolution Authorizing the Appropriate Resolution Officials to Execute a License Agreement with the Chicago and Northwestern Transportation Company for the Installation of a Storm Sewer Associated with Valley Park 11th Addition, Project No. 1993-10 , and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3833 , A Resolution Repealing Resolution No. 3825 and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Resolution No. 3834, A Resolution Accepting Bids on the 1993 Street Reconstruction NO. 1993-7 and moved its adoption. (Motion carried under consent business . ) Vierling/Lynch offered Ordinance No. 360, an ordinance amending Chapter 10, Public Protection, Crimes and Offenses of the City Code, by repealing Sec . 10 .22, Animals and Fowl - Keeping, Housing, Treatment, Restraining, Confinement and Trespasses and Biting Animals, and enacting one new section in lieu thereof, and moved its adoption. (Motion carried under consent business . ) Mayor Laurent recessed the City Council meeting for an Executive Session at 10 :45 PM to discuss collective bargaining. Mayor Laurent reconvened the meeting at 11 :01 PM. Mayor Laurent adjourned the City Council meeting to Tuesday, July 27, 1993 at 7 : 00 PM. Meeting adjourned at 11 : 02 PM. Judith S . Cox City Clerk Debra Zabel Recording Secretary 1� ck , CONSEI\IT MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: MARK MCQUILLAN, PROGRAM SUPERVISOR SUBJECT: PLAYGROUND EQUIPMENT BIDS FOR MEMORIAL PARK DATE: 7/28/93 INTRODUCTION At its July 26, 1993 meeting, the Parks and Recreation Advisory Board recommended to the City Council to accept Earl F. Anderson bid proposal of $45, 684 . 67 for purchase and installation of new playground equipment at Veterans Memorial Park. BACKGROUND At the March 16, 1993 City Council Meeting, the Council authorized staff to prepare plans and specifications and solicit bids for new playground equipment at Memorial Park. The specifications were to include two bid options in terms of the project scope. Option A is the more expensive plan with a third more pieces of equipment than Option B. Option A would accommodate 30-60 children and Option B about 20-30 children. The cost of playground equipment has escalated in recent years because of stricter U. S. Consumer Product Safety Guidelines and the American Disabilities Act . It was estimated that Option A would cost approximately $50, 000 and Option B about $25, 000 . Six suppliers of playground equipment requested plans, but only three submitted bid proposals by the deadline on June 22 , 1993 . The three bid proposals were submitted by Earl F. Anderson, Inc representing Landscape Structure Playground Equipment, Flanagan Sales, Inc . representing Iron Mountain Forge Playground Equipment and Minnesota Playground, Inc. representing Game Time Playground Equipment . The City will use its maintenance personnel to install the timber boarder, pea rock and accessible pathway. Materials for these projects will be purchased separately from the bid package . The estimated cost is $3 , 000 and the funding source proposed would be the Park Reserve Fund. Bids were submitted as follows: BIDDER OPTION A OPTION B MINNESOTA PLAYGROUND, INC. $36,490 . $31, 348 . 70 FLANAGAN SALES, INC. $42, 600 . $32, 150 . EARL F, ANDERSON $45, 684 . 67 $35,456 . 19 Staff was quite pleased with the bids. Although, we were a little surprised the bids for Option B were as high as they are. The Park Advisory Board believes that option A would be a more viable choice since it has a third more equipment at only a slightly higher cost . 1 BID REVIEW Staff reviewed each proposal for its ability to comply with the Veterans Memorial Park Playground Specifications. Some latitude was allowed in the specifications because of the structural differences applied to locking devices, thickness of metals and plastics and patent rights each company may have on certain pieces of equipment . The plans and specifications for both options were developed by Earl F. Anderson, Inc. The specifications were intentionally drafted to allow the bidder to deviate from the specifications as long as they indicated those deviations on the Specification Sheet and were able to provide equipment that was equal or superior to those specified in the specifications . For the most part, all three suppliers either matched or exceeded the specifications outlined on the Specification Sheets . However, staff determined the low bidder, Minnesota Playground, Inc . , did not meet or exceed the specifications for the swing set poles and cross beam. The specifications for the swing set calls for aluminum post with a 5" outside diameter. Earl F. Anderson and Flanagan Sales both proposed systems that met this specification. Minnesota Playground, Inc . , on the other hand, proposed using galvanized steel post with 2 3/8" outside diameter. Even though the 2 3/8" steel post would be adequate, it would not be fair to the other two suppliers who bid according to the specs . The smaller post will also appear out of proportion with the rest of the playground equipment which has 5" 0. D. post . For these reasons, the Park and Recreation Advisory Board recommends that the bid proposal submitted by Minnesota Playground, Inc. be rejected. RECOMMENDATION The difference in the bid proposals for options A ans B between Flanagan sales and Earl F. Anderson was about $3 , 000 with Flanagan Sales being the low bidder in both cases . However, after thorough examination and review of the two proposals, the Parks and Recreation Advisory Board recommended that Earl F. Anderson' s proposal be accepted. The reasons are as follows : VINYL RUBBER COATING A. Of the three bidders, only Earl F. Anderson equipment had the vinyl rubber (tendertuff) coating as specified. Neither Flanagan Sales, Inc. or Minnesota Playground, Inc. met the criteria stated in the specifications . Tendertuff coating is a thick rubber like vinyl coating applied to metal parts . It is more expensive than paint . Tendertuff coating was specified on several pieces of equipment including rails, loops, handlebars; transition handle bars, decks, guard rails, vertical ladders, step ladder, clevis' , rings and chain links on swing set and bridge, trapeze handle, track ride handle, chain ladder and wheel . The advantages of using the vinyl coating are as follows : 1 . It wears longer than powder coating paint . 2 . It requires less maintenance. 3 . It reduces slippage and possible injury on the equipment . 4 . It will not get hot as compared to painted metal . When metal is exposed to sunlight for an extended period of time it tends to get very hot which could burn a person' s hand or bare feet . The apparatus is also less usable. A. Earl F. Anderson has aluminum caps on their post . The other two proposals have plastic caps . B. E. F. Anderson' s Spiral slide length is 72" . Flanagan Sales is 64" . C. Earl F. Anderson was the only bidder that met or exceeded the specification for the top layer of the handicap accessable resilient surface. The thickness of the top layer is important from the stand point of longer wear and maintenance. Surface thickness proposed: E.F. Anderson is 5/8" thick, Flanagan Sales is 1/4" thick and MN Playground is 3/8" thick. ALTERNATIVES 1 . Move to recommend to the City Council to purchase playground equipment for Veterans Memorial Park from Earl F. Anderson, Inc. t. Option A (or Option B) . 2 . Move to recommend to the City Council to purchase playground equipment for Veterans Memorial Park from Flanagan Sales, Inc . Option A (or Option B) . 3 . Move to recommend to the City Council to purchase playground equipment for Veterans Memorial Park from Minnesota Playground, Inc. Option A (or Option B) . 4 . Reject all bids and re-advertize. ACTION REQUESTED Move to recommend to the City Council to authorize the appropriate city officials to purchase new playground equipment from Earl F. Anderson not to exceed the bid amount of $45, 684 . 67 and allocate $3 , 000 for the purchase of border and pathway materials which will be installed by City staff with funding for the project to be allocated from the Park Reserve Fund. MEMO TO: The Honorable Mayor and Council, City of Shakopee The Honorable Board of Commissioners, County of Scott FROM: Dennis R. Kraft, Shakopee City Administrator Cliff G. McCann, Scott County Administrator RE: Financial Assistance to Murphy' s Landing DATE: July 30, 1993 INTRODUCTION: Representatives from Murphy' s Landing will be addressing both the City Council and the County Commissioners for the purpose of requesting financial assistance for the operation of Murphy' s Landing. Murphy' s Landing currently is reportedly in a tenuous financial position and will likely close in the near future if assistance is not provided. BACKGROUND: Dr. Roland Pituslka of the Minnesota Valley Restoration Project (MVRP) Board of Directors, the group that is under contract with the City of Shakopee to run Murphy' s Landing will be in attendance at the City Council meeting of August 3rd. At that meeting he will outline the steps that the Murphy' s Landing Board has taken in an attempt to become financially self sufficient and will also describe the current financial state of the operation. Murphy' s Landing has recently had an audit completed for them by the Shakopee accounting firm of Friend and Furrie . Dr. Pituslka will be able to answer questions relative to the current financial status of Murphy' s Landing. We believe most City Council and County Board Members are aware, the majority of Murphy' s Landing property is actually owned by the City of Shakopee. A small interest in a portion remains with the County. Currently the Scott County Board of Commissioners provides financial assistance in the range of $37, 500 for the annual operating budget of Murphy' s Landing. At this time the City of Shakopee is providing no direct financial assistance although they have done so in the recent past . The City of Shakopee does provide certain public works services such as snow plowing for Murphy' s Landing. Attendance has fallen further exacerbating the financial dilemma of Murphy' s Landing. General weather conditions, the flooding on the Minnesota River and the closure of bridges have cut attendance considerably. RECOMMENDATION: It is recommended that if the City Council and the County Board of Commissioners decide to provide financial assistance to Murphy' s Landing that each entity agree to provide 50% of the assistance for a two year period. If Murphy' s Landing is not on a self sustaining basis by that time, provisions would be made to close the facility. Based upon the findings of the recent audit of the facility it appears as though the deficit for this year will be in the $60 , 000 to $70, 000 range. If the governing bodies decide to provide additional financial support for Murphy' s Landing, it is also recommended that such support be contigent upon both the City and County financial staffs being given an opportunity to evaluate the operation and to determine if additional cost saving measures can be taken. Physical inspection of all facilities shall be made as well to determine if any unaccounted repairs need to be made . The hiring of a business manager or the retention of the services of a business consultant has also been discussed. It is further recommended that the evaluation of the operation also determine whether additional in-kind services can be provided by either the City of Shakopee or the County of Scott which would further reduce the anticipated operating deficit . ACTION REQUESTED: It is recommended that the Shakopee City Council and the Scott County Board direct the appropriate staffs to formulate a joint powers agreement between the governmental entities and Murphy' s Landing which embodies the above mentioned recommendations and others as deemed appropriate by both the County Board and the City Council including retaining the services of a business manager or consultant . MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: July 29, 1993 RE: ADA and Murphy' s Landing At the Committee of the Whole meeting on June 2, 1993, you asked whether the ADA applied to Murphy' s Landing buildings, which are on City property. I asked the paralegal intern, Leslie Green, to review this issue and prepare a report back to me. Her report is attached. Under the ADA, public accommodations, such as Murphy' s Landing, are indeed required to make reasonable modifications to accommodate individuals with disabilities . However, an exception exists when an entity can demonstrate that the modifications would fundamentally alter the nature of the facility. Murphy' s Landing may be able to meet this burden, since they have historic buildings and a unique "community" appearance that includes both the outside and inside of their buildings. Since the buildings belong to Murphy' s Landing, the City is unlikely to be required to take any steps to make the buildings accessible. However, when we next modify the contract with Murphy' s Landing, it would be appropriate to include language specifying who is responsible for compliance with any federal or state laws or regulations . If you have any questions about this, please let me know. Signed 4'' Q �` ll� 1- Karen Marty, Ci ttorney KEM:bjm (. [2 9MEMO] Attachment cc : Dennis Kraft Leslie Green MEMORANDUM TO: Karen Marty FROM: Leslie Green DATE: July 27, 1993 RE: ADA and Murphy' s Landing Question: Does the ADA apply to the Murphy' s Landing buildings, which are on city property? Facts: Murphy' s Landing is located on city property, but the buildings on the property are owned by Murphy' s Landing. Murphy' s Landing is a historical society and is designed to be frequented by the general public. Analysis: Title III of the ADA is entitled Public Accommodations and Services Operated by Private Entities . Section 12181 (6) defines a private entity as "any entity other than a public entity (as defined in Section 12131 (1) of this title) . " Section 12181 (7) states that "private entities are considered public accommodations for the purposes of this subchapter, if the operations of such entities affect commerce. " This includes; . (b) a restaurant, bar, or other establishment serving food or drink; (c) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; . . . (h) a museum, library, gallery, or other place of public display or collection. . . . " Section 12182 (a) of Title III prohibits discrimination by public accommodations . It states : "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to) , or operates a place of public accommodation. " Any owner of a public accommodation may not discriminate against an individual based on disability. In Title III Section 12182, Subd. B (2) (A) (ii) , it states that discrimination includes; "A failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations . " The entity must make the necessary modifications to its facilities, unless the modifications would drastically alter the nature of the facilities . Conclusion: Murphy' s Landing is a private entity and a public accommodation. Although Murphy' s Landing owns the buildings and they are on city property, it is still prohibited from discriminating on the basis of disability. The ADA does not have a specific section on who is responsible for making the proper alterations to Murphy' s Landing so it would comply with the regulations. Although there was not a specific section that stated who was responsible, the reading itself suggests that the entity (Murphy' s Landing) would be responsible for compliance. As seen in Section 12182, Subd. B (2) (A) (ii) , the entity (Murphy' s Landing) makes the necessary modifications to reduce the discrimination against people with disabilities, unless these modifications would fundamentally alter the nature of the facilities . Murphy' s Landing may be required to make the modifications, unless they demonstrate that the changes would fundamentally alter the historical and educational nature of the property. [murphy.mem] b. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Jaycees Temporary Beer License DATE: July 26, 1993 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees have applied for a temporary non-intoxicating (3 . 2 beer) liquor license. The license application is for August 14th - 15th at Pine Ridge Fitness Center, 600 South Canterbury Road. The application and insurance requirements are in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary non- intoxicating liquor license to the Shakopee Jaycees for August 14th - 15th, 1993 at Pine Ridge Fitness Center. ) 3 e , MEMO TO: Shakopee City Council FROM: Dennis R. Kraft, City Administrator RE: Policy Directions for the Chaska Interceptor DATE: July 30, 1993 INTRODUCTION: On Wednesday, August 4, 1993 City staff will meet with Metropolitan Council and Metropolitan Waste Control Commission staff members to discuss the Chaska Interceptor and related issues of who pays for what costs. Policy directions are needed from the City Council on these issues. DISCUSSION: Several meetings have been held by the City, Metropolitan Waste Control Commission, and Metropolitan Council staff to discuss the Chaska Interceptor. The background issues involved with the City's land supply and demand have been thoroughly reviewed and discussed. The Metropolitan Council's land inventory study has resulted in an adequate land supply for the City's growth beyond the year 2000. The problem facing the City of Shakopee is the amount of developable single family residential land is not adequate to provide for the projected growth. Based on the Met Council inventory there is also an over supply of industrial, commercial and multi-family residential vacant land. The larger vacant land areas within the MUSA area tend to be located around the racetrack and in the Valley Green Business Park area. Certainly, transforming the vacant industrial areas in the business park to single family residential uses would not be wise. Additional consideration is needed to change the industrial, commercial, and multi-family residential uses around the racetrack to single family residential uses. Perhaps some of the future single family residential uses could be accommodated in the racetrack area. But that will not provide the necessary land areas for the City's future single family residential growth in the next ten years. The City is facing the need to consider one or more MUSA land trades in order to expand the developable single family residential land areas in the City. Staff will present additional information and two residential growth options at the August 3 City Council meeting. Where growth will occur in the next ten and twenty years will significantly impact the City's costs required for the Chaska Interceptor projects. ACTION REQUESTED: Staff is requesting policy direction from the City Council on the Chaska Interceptor and related land use issues for the Wednesday, August 4 meeting. #-I- � . CO1\1SE1\1T MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Tent Sale Request - Lathrop Paint Supply DATE: July 28, 1993 INTRODUCTION: Section 7 . 08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval . Attached is a correspondence from Ms . Kay Elliott, Lathrop Paint Supply Manager requesting permission to have a sale on the City sidewalk in front of their establishment . BACKGROUND: On July 19, 1993 staff received a correspondence from Lathrop Paint Supply Company requesting permission to hold a "tent sale" on the sidewalk adjacent to the Lathrop Paint Supply building. The request is for a one day sale to occur on Wednesday, September 22, 1993 from 10 : 00 a.m. to 2 : 00 p.m. City Council has granted similar requests for sidewalk sales in the downtown area. Ms . Elliott has assured staff that the sidewalk will provide adequate room for the public to use the sidewalk during said sale . Staff would also like to point out that the sidewalk adjacent to the Lathrop Paint Supply building is wider than the normal sidewalk width due to the fact that parallel parking exists on the West side of Lewis Street in this area. City Council has granted similar requests for sidewalk sales in the downtown area in the past . Additionally, since the sidewalk adjacent to the Lathrop Paint Supply building is wider than normal, staff believes that it will not have an adverse impact on pedestrian traffic. Therefore, staff is recommending approval of the request . ALTERNATIVES: 1 . Grant permission for Lathrop Paint Supply Company to hold a tent sale on public property adjacent to the Lathrop Paint Supply building on Lewis Street for Wednesday, September 22, 1993 . 2 . Do not approve the request for a tent sale as submitted by Lathrop Paint Supply Company. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Grant permission for Lathrop Paint Supply Company to hold a tent sale on public property adjacent to the Lathrop Paint Supply building on Lewis Street for Wednesday, September 22, 1993 . „, 'N 0/.4:01,40' e4 Aity)fatmeno p` , s Cti . BRANCH LOCATIONS p 814 E.Lake St.,Wayzata,MN 55391 INCORPORATED 4358 Lyndale N..Mpls.,MN 55412 140 E.1st Ave..Shakopee.MN 55379 2741 Hennepin Avenue, Minneapolis, Minnesota 55408 4138 W.Bdwy.Robbinsdale,MN 55422 3422 Bunker Lake Blvd..Andover.MN 55304 �� FAX: 612 872-7029 WATS: 1-800-582-5276 PHONE: 612-872-7000 14801 Cy.Rd.11 8 42.Burnsville.MN 55337 Spray Equipment Location 4360 Lyndale N.,Mpls.,MN 55412 July 15, 1993 City Administrator Barry Stock SHAKOPEE CITY HALL 129 Holmes St. Shakopee, MN 55379 Mr. Barry Stock: In reference to our phone conversation on July 8, 1993, I appreciate any assistance that you can give us, with the City Council, in helping our company hold a "Tent Sale” in Shakopee. This year, because of the construction of the by-pass, road construction, the flood causing the closing of the Bloomington Ferry Bridge, Hwy 169, and Hwy. 41 , it has become a struggle to get to Shakopee, let alone, attract customers in to town. All in all, problems like these have caused hardships on all the businesses in the community. Along with other promotions and sales, we plan on turning this problem around. We would like to put up an open air tent on the sidewalk of Lewis and First for our "Tent Sale". We will have new airless spray equipment on the sidewalk but the sidewalk will not be blocked. There will be plenty of room for the public to use the sidewalk. The date would be Wednesday, September 22, from 10:00 a.m. to 2:00 p.m. Thank you in advance for your assistance. If it would be beneficial to my cause, I can arrange to be at the council meeting when this matter is put before it. I would ask that you let me know in advance of the meeting. Again, thank you. Sincerely yours, '6 -*, ;2___s...i../.A.:44 ).„1 Kay liott Shakopee Manager KE/j l CONSE1I MEMO TO: Dennis Kraft, City Administrator el/ FROM: Dave Hutton, Public Works Director SUBJECT: Comprehensive Sanitary Sewer Study DATE: July 27, 1993 INTRODUCTION: Attached is a request from the City's sewer consultant, Short-Elliott-Hendrickson, Inc. (SEH), regarding an increase in engineering fees for the Comprehensive Sanitary Sewer Study. BACKGROUND: On August 17, 1991, the City Council of Shakopee authorized the hiring of a consultant, SEH, to prepare a Comprehensive Sanitary Sewer Plan. The previous Sanitary Sewer Plan was completed in 1982 and the City's Comprehensive Plan recommended updating the sewer plan. The Comprehensive Sewer Study consisted of 4 main areas: • Preparing a Comprehensive Sanitary Sewer Plan and a 20 year MUSA expansion plan. • Updating the Inflow/Infiltration Study of the River Trunk Sewer. • Prepare a feasibility report for the South Shakopee/Chaska Interceptor. • Develop City alternatives for issues dealing with the MWCC Lift Station (L-16) and Interceptor Line to Blue Lake (7023). The original contract was signed in November, 1991 for a total estimated fee of $110,000.00. Since that date, the City Council authorized an additional $20,000.00 for work needed to complete the I/I analysis of the River Interceptor for a total current contract of$130,000.00 The Scope of Services indicated that the project would be completed in 1 year. This project is funded by the Sanitary Sewer Fund. Since this project has been started, numerous other issues have surfaced which increased the services needed by the consultant and have delayed the completion of the project. The City Council is aware of most of these issues, but they include the following items. • Rahr Malting sewer flows and attempting to accommodate their increased flows due to Malthouse No. 5. • The whole issue of the Chaska Interceptor and working with all the various agencies to determine the best alternative for Shakopee. • Updating the Met Council revised growth projects which are different than what was listed in the 1990 Comprehensive Plan. (Note: The Comprehensive Sanitary Sewer Plan data and flow projections are based entirely on the population and the growth projections). • St. Francis Hospital sanitary sewer options. • The length of the project is now approaching two years. Because the contract with SEH indicates that they will be reimbursed on an hourly rate, the cost of this project has increased due to the reasons outlined above. Attached is a letter from SEH indicating that the estimated final project costs will be $196,386.00. The letter also provides additional explanation on the additional costs. Staff was notified approximately 6 months ago that the project would probably go over budget and has been reviewing the additional coats as compared to the original contract to determine those costs that are justified. The attached letter from SEH is the final results of 6 months worth of review and negotiations by City staff on all the additional items. SEH is'requesting that the City Council authorize the increase in their contract to $196,386.00 to complete the study. The study is basically 95% completed and the only piece of information missing is the final results of the negotiations between Met Council and the City regarding the Chaska Interceptor cost. Therefore, the consultant does not foresee the need for any additional increases in the contract costs or Scope of Services beyond this request. A representative from SEH will be available at the August 3, 1993 City Council meeting to respond to any questions regarding their request. ALTERNATIVES: 1. Approve the request. 2. Deny the request. 3. Table the request for additional information. RECOMMENDATION: Staff feels that all additional costs are fully justified, especially considering the number of issues that have come up since the study started and the fact that a 1-year study has been turned into a 2-year study. Most, if not all of the delays and additional costs, have been generated by external sources and agencies outside the City's control. SEH has provided invaluable assistance and input into all of these important sanitary sewer issues. Staff recommends Alternative No. 1. ACTION REQUESTED: Move to approve of an increase in the contract with Short-Elliott-Hendrickson, Inc. to $196,386.00 for the completion of the Comprehensive Sanitary Sewer Plan. DEH/pmp COMP _1;sral 5909 BAKER ROAD,SUITE 590.MINNETONKA,MN 55345 612 931-9501 FAX 612 931-1188 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION July 14, 1993 RE: Shakopee, Minnesota Comprehensive Sanitary Sewer Plan Engineering Fee Adjustment SEH File No.: 92056.00 Dave Hutton, P.E. City Engineer/Director of Public Works City of Shakopee 129 South Holmes Street Shakopee MN 55379 Dear Dave: Thanks for taking the time over the last several months to review in detail our request for additional engineering fee on subject project. As we had discussed, many work tasks have been expanded or added to the project to meet the City's changing needs. The extra engineering services were discussed as the need for them occurred,but we had not taken the time to formalize the extent of any adjustment to the engineering fee. If engineering fee adjustments had been requested throughout the project as the need for adjustments occurred, the number of requests could have become a continuing nuisance due to the number of times other factors influenced our work. In addition, the impact of some of the changes on the scope of work were not readily quantifiable until the work was completed. You and I concur on the need for and extent of these extra engineering services. Attached to this letter is a summary of all the work previously authorized by the City Council on this project along with a listing of the extra services provided. Review of the attached summary will reveal the following major impacts on our fee: Major Changes in Scope of Work; Reasons for Benefits of the Estimated Cost Change Additional Work Improve sanitary sewer Resolve discrepancies; add MWCC More accurate and complete data system data base: $6,000 sewer system data; imported base allowed more sewer routing National Wetlands Inventory alternatives to be explored; better electronic mapping. planning tool available to staff; data base consistent with other agencies. SHORT ELLIOTTMADISON.WI HENDRICKSON INC. ST.PAUL.MN ST.CLOUD,MN CHIPPEWA FALLS.WI Dave Hutton, P.E. July 14, 1993 Page 2 Major Changes in Scope of Work; Reasons for Benefits of the Estimated Cost Change Additional Work Improve base planning 1990 Census data and Met Council Tables 1 through 10 in information: $20,000 projections different than draft Comprehensive Plan reviewed and Comprehensive Plan; no industrial/ updated; industrial/commercial land commercial growth projection in consumption rate determined; Comprehensive Plan. computer model calibrated to actual 1990 development and sewage flow data; data available to complete Comprehensive Plan approval process. Study area expanded: Questions on where growth after Final resolution of where growth $10,000 the initial study year (2010) should should occur after 2010 can be occur (Jackson Township, South made with knowledge of impact on Shakopee, East Shakopee); need to sewer system. predict year 2040 development area for MWCC. Accommodate Rahr Rahr's attempt to get treatment Rahr can be accommodated in Malting process water in plant permit met obstacles. system. sewer system: $5,000 Coordination with Project schedule of one year likely Developers, City staff, and agencies agencies: $7,000 to be two years. better informed. Many alternatives added MWCC and Mn/DOT construction Any proposed interceptor sewer to South Shakopee Trunk plans still changing. alignment can be responded to Sewer Feasibility study: with knowledge of cost impact on $10,000 Shakopee, including possible elimination of two lift stations. Several of the reasons for change in the engineering work effort also resulted in the work continuity being interrupted several times, causing some inefficiency. (Most notably were the inclusion of Rahr Malting in the sewer system, the uncertainty of the timing of urbanization beyond the year 2010, and the changes to the work schedule caused by the MWCC and Mn/DOT). To compound matters,the extended study period caused a higher percentage of the work to be done after implementation of two annual salary increases at SEH, thereby causing the cost of the work to increase beyond what was budgeted. This request for additional engineering fee does not include other work SEH has been authorized by the City to perform, nor work performed under separate agreement for Rahr Malting. The Comprehensive Sanitary Sewer Plan, including separate documents being prepared under the same project, is again near completion. Upon resolution of several planning issues, the MWCC Chaska Interceptor alignment, and final coordination with Mn/DOT on sewer construction, our work can be Dave Hutton, P.E. July 14, 1993 Page 3 completed. With the extra work items completed to date, the total engineering fee has grown from$130,000 to $182,778 as of June 5, 1993. Based on one final revision to all documents upon resolution of the foregoing issues, we estimate the final fee will be $196,386. I will be happy to review this request for additional engineering fee further with you, other staff members, and the City Council as appropriate. Sincerely, Short Elliott Hendrickson Inc. IQ Daniel R. oxrud, . . Attachment ymb Shakopee Comprehensive Sanitary Sewer Plan Additional Engineering Fee Request Summary The following shows a paraphrase of all work previously authorized on this project by the City Council in the left-hand column,with only additional work due to changes in scope identified in the right-hand column. The listing generally follows the format of the engineering contract dated October 15, 1991. Work Previously Authorized by City Council Extra Engineering Work Performed 1. Document existing conditions a, b. Correct and resolve discrepancies in data a. Automate sanitary sewer system map received; expand the data base to b. Create data file on physical data include MWCC systems so opportunities attributes of the sanitary sewer system and limitations could be better c. Determine average and peak flows for identified. each subdistrict 2. Update the 1982 infiltration/inflow (I/I) study f. Eight private sewer service meters needed analysis verification. a,b,d,e,g. Quantify wet weather I/I in the River District Trunk c. Televise the River District Trunk f. Field check four private industrial service meters 3. Review the MWCC's facility plan for lift One extra draft facility plan reviewed. station L-16 4. Determine future flows a. There is no industrial growth rate projection a. Review a developer's market study and in the Comprehensive Plan, so SEH the City's Comprehensive Plan regarding developed a non-residential land industrial growth rate consumption rate for the analysis. b. Estimate future flows based on the City's b. The study area was expanded because the projected growth and sewage generation Comprehensive Plan has a planning horizon rates of 2010, whereas City and MWCC sewers will c. Consider Rahr Malting providing their have a design life to 2040 or later; the own treatment plant projected location of growth beyond the year d. Consider an east district flow diversion 2010 is currently unknown, necessitating a to relieve L-16 large study area until planning beyond the year 2010 can be completed; several additional flow computations were necessary to calibrate with existing and allowable flows and land use changes. c. Rahr's flow needs to be accommodated in the City's system, causing additional diversions to be considered. d. Additional effort resulted in elimination of the need to construct an east district diversion, saving $150,000 in oversizing costs. Work Previously Authorized by City Council Extra Engineering Work Performed 5. Monitor Chaska Interceptor planning and Chaska Interceptor planning still not complete by incorporate their information into the MWCC. Comprehensive Sanitary Sewer Plan 6. Prepare a 20-year sanitary sewer expansion b-d. Larger study area resulted in more plan extensions; detailed grades had to be set a. Consider VIP diversions to verify ability to reroute flows as b-d. Develop interim and ultimate trunk desired. system and extensions e. Year 2040 MUSA needs to be determined to e-f. Prepare plan for 5-, 10-, and 20-year coincide with MWCC gravity interceptor MUSA expansions sizing, therefore, more area studied. 7. Coordinate work with City and regulatory The extended project schedule significantly agencies increased the number of meetings over the number budgeted. 8. Prepare an improvement schedule The expanded study area resulted in budget costs being developed for more extensions than originally planned for to assist with MUSA and annexation decisions. 9. Develop a Comprehensive Sanitary Sewer a. Tables 1 through 10 in the Comprehensive Plan document Plan needed to be revised to be consistent a. Prepare and present document with actual 1990 data on population, housing, b. Use format which can be inserted into employment, and sewage flow; detailed data the Comprehensive Plan generated during the process was added to c. All work in an automated format drawings; a means of projecting future land consumption for both residential and non- residential property was developed consistent with new growth projections as this information was not available in the Comprehensive Plan. 10. 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H t=3 o PI Cyy ar x •3o Cl) Y '0 0 Cl) A H rI ; . H 'L7 W Cil O t-' CD" H a H 4 "C C~ 0 X X '. H y r+ vo 75 0 'I7 °23 c H C0 Z 7, Z .3 v x H H C- C r N r .D 0 W r Cr. iA -CO -CO <A V) U) CA I-' r VI 0 •. .� H r ro r v. w <0 <n - ro C. V -CO CO COr% r 0 In ., .o w r .tom0 H C. 0 CT A Cr‘ 0 VI 0 $•C. 0 0 W C. 0 0 UI r 0 0 CO UI 0 0 CO V 0 r v+ VI 0 0 .0 * • T) w OG CD r CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Declaration of Surplus Vehicles DATE: July 21, 1993 Introduction City Council needs to declare certain vehicles/property as surplus in order to dispose of them. Background As part of the preparation for the fall Hennepin County auction, Council needs to declare various items surplus property as follows; 1. The city purchased an S10 Blazer to replace a Subaru which was cycled down to replace an 1987 Nova. Staff is recommending that the Nova be kept as a second pool/Engineering car. There is currently one pooled car for city hall. Recreation used to have their own car but now are sharing the pooled car. Engineering has hired an engineer who has occasional need for a vehicle. The use of the current pooled car is increasing. 2. The city purchased a 1.5 ton truck to replace the 1983 1 ton stake truck in the park division. Instead of selling the stake truck, the Public Works Director is recommending selling the 1974 van instead because the stake truck is more useful to the division. 3. The City purchased a dump truck to replace a 1982 dump truck. The Public Works Director is recommending selling the 1985 dump truck versus the 1982 truck because the 1982 has fewer miles and is in better condition. Aside from the older tandem truck, the 1985 is the next oldest after the 1982. 4. The City purchased a new squad car to replace a 1989 squad which was cycled down to the custodians to replace a 1987 squad which will be sold. 5. The City purchased a second new squad car to replace another 1989 squad which was cycled to PW to replace a 1985 LTD. Staff is recommending that this vehicle be retained to provide a car to the building inspector which is in line with the 1994 budget - capital equipment discussions. 6. The Fire Department will be requesting approval to replace the rescue boat as provided for in the 1993 budget. The old boat, motor and trailer will be sold. The City has requested 8 auction slots for the fall auction. SPDC has requested to utilize three of the slots. The above recommendation will utilize four with the final slot for the old sewer jetter chassis. Alternatives 1. Declare items surplus as recommended. 2. Modify proposed list of items to be declared surplus. 3. Do not sell items. Action Requested Move to declare the following items surplus property: 1974 Chev van #CPY354V317352 1985 Ford truck #1FDPF82K5FVA68473 1987 Chev Caprice #1G1BL5168HX200703 1976 Spartan trailer #761601709, boat and motor memo\auct93 CONSE1T MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: July 29, 1993 RE: Sewer Construction and Maintenance Agreement BACKGROUND: Members of the Shakopee Mdewakanton Sioux Community have asked the City to review and approve a Sewer Construction and Maintenance Agreement . I have reviewed the agreement, and it imposes no obligations on the City. Shakopee has the authority to provide sewer service, and receive the revenues from that activity, to all property in the City. The Community owns property in Shakopee (the old McKenna farm) , and wants Prior Lake to provide sewer service to that property, since Shakopee does not have sewer service in that area and does not plan to provide sewer service in that area for some time. This agreement is merely to obtain the City' s approval for Prior Lake to provide that sewer service . I have spoken with Dave Hutton, and the Public Works Department has no objection. ALTERNATIVES : i . Authorize the appropriate City officials to enter into the sewer construction and maintenance agreement . 2 . Do not authorize signing the agreement . 3 . Table and return the matter to staff for further information. RECOMMENDED ACTION: Move to authorize the appropriate City officials to enter into the sewer construction and maintenance agreement . [2 9MEMO] 131 . SHAKOPEE FIRE DEPARTMENT 129 East First Avenue, Shakopee, Minnesota 55379 established 1876 TO: Shakopee City Council FROM: Shakopee Fire Departmant RE: Rescue Boat Replacement DATE: 7/26/93 Introduction: The Shakopee Fire Department has been on call for 25 + years for water rescue. The means of water rescue have changed dramatically. We now utilize divers instead of dragging for the victims, people who were once considered dead can now be revived. With the changing techniques and more equipment involved with these rescues a more versatile boat that handles more equipment and personnel is required. Background: The current boat is 25 years old and is a " fishing boat ". It cannot handle the weight of 2 divers, a victim, a driver, and the weight of the equipment. It is not suitable for diving and present day rescue techniques. The new rescue boat is a 1993 budgeted item of $9000.00. We have aquired 2 bids for the replacement of the current boat, We have selected the Zodiac Virage Mark II based on the excellent performance of this style of rescue boat which has been tested under real life conditions by other local fire departments with great success. Recommendation: The Shakopee Fire Department recommends the purchase of the Zodiac Virage Mark II with the equipment listed on the bid sheet for a total of $8449.00 plus tax. The listed equipment will make this rescue boat ready for service immediatly upon delivery. Respectfully Submitted, Frank Ries Shakopee Fire Chief alto FF Fire station—334 West Second Avenue PRICE QUOTE DATE �(Z * JREAT AMERICAN _ �- / (( SOLD 1 ex l �ti� �/Q *OP 3 ii 3 MARINE SO 1 ,111 ` � . o pee, R re. .P-ft, 280 West 84th St. Bloomington, MN 55420 133 4 Eve,ta k / A - __ 888-2350 3 blocks West of Nicollet on 84th PHONE—Home Work — ADD ON I REOPEN NEW ACCT ITERMS ,RARGE IC 0 D IORDER NUMBER Illl �._:goERjSON CASti C�` �`OTY. MFR. YEAR DESCRIPTION UNIT PRICE TOTAL - 1 gq 1 Evi'n nAd, 30 Tie 5 i got C,x3+ --17-0-- l e v 3,igi - Co - 0,064 IAA ecrji'al ( - 1pck/t ;r-,_-i- M oti,{.c-\-- -75 - lay 00,Ah• 4-io-yi Li. k_- ,-5 .SC) Xtra FiAe -��.�. I( (---1 1 1- . - ---7q' C'i - -5-yi te,55 SD cr1-1 i�C k� , a) ' 7/4. 1 5 l c.kOr 4� „ n - �+ k -\--' 43- 122 LII �- ------------ _ tiq -- BOAT,MOTOR,TRAILER I I TRADE-IN MODEL SERIAL# (LESS) TRADE IN PRICE BOAT SERVICE CONTRACT! TRAILER/MOTOR ACCESSORIES MOORING COVER TOTAL - — SUBTOTAL TONGUE JACK SALES TAX - SAFETY PKG — FGT/PREP RIGGING TOTAL PRICE QUOTE --1���� ,�. DATE ! CREAT AMERICAN . . _ MARINE SO �r �,�� `�1 0 TOLD I • , .41710. -tre,---.. ,f)f, 280 West 84th St. Bloomington, MN 55420 1, -. (-1 Lei , 5537_ 888-2350 3 blocks West of Nicollet on 84th PHONE—Home Work — ,,Al FSPFRSON CASA CHARGE i C 0 D ORDER NUMBER ADD ON Iill REOPEN NEVA ACCT TERMS a Pr AD QTY. MFR. YEAR DESCRIPTION UNIT PRICE _ TOTAL 1GgIA c V i'rale, Mkk 4a5o -- oTEasp - I q 3 C',uf -Erni- Ix--- . .-)q t J — –= — - Tauk 1 q 1ZV I4ib1'1 1 \.3\A-A-5 ISO — , 70,-4-dc 4 / -- x-}--rte � . l I CI,0rd\P_55 5po*l� Iii 7q O - 3 '` SD1►d ?o 15 — I OI 51 (aII II o ' 1— c1Vor Lig Te,`,1nk.\t" ± 1L y ( _� BOAT,MOTOR,TRAILER TRADE-IN MODEL SERIAL# (LESS) TRADE IN PRICE BOAT/MOTOR SERVICE CONTRACT TRAILER ' ACCESSORIES MOORING COVER — TOTAL TONGUE JACK - SUBTOTAL SALES SAFETY PKG TAX -, FGT/PREP RIGGING TOTAL CON MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Downtown Streetscape, Phase II Project No. 1993-12 DATE: July 22, 1993 INTRODUCTION: Attached is Resolution No. 3838, receiving a report and calling for a public hearing on streetscape improvements to 1st Avenue from Holmes Street to Sommerville Street. BACKGROUND: The City Council of Shakopee ordered the preparation of a feasibility report for street improvements to 1st Avenue from Holmes Street to Sommerville Street. The feasibility report has been completed and the report is attached for City Council review. A public hearing is required on the project prior to determining if the plans and specifications should be prepared. Attached is Resolution No. 3838 which receives the feasibility report and calls for a public hearing on the proposed improvements. The resolution sets a date for the public hearing for September 21, 1993 at 7:30 P.M. ALTERNATIVES: 1. Adopt Resolution No. 3838. 2. Deny Resolution No. 3838. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3838. ACTION REQUESTED: Offer Resolution No. 3838, A Resolution Receiving a Report and Calling a Hearing on the Downtown Streetscape Project, Phase II on 1st Avenue from Holmes Street to Sommerville Street, Project No. 1993-12 and move its adoption. DMN/pmp MEM3838 RESOLUTION NO. 3838 A Resolution Receiving A Report And Calling A Hearing On The Downtown Streetscape Project, Phase II 1st Avenue From Holmes Street To Sommerville Street Project No. 1993-12 WHEREAS, pursuant to Resolution No. 3788 of the City Council adopted May 4, 1993, a report has been prepared by the City Engineer,with reference to the improvements of the Downtown area on 1st Avenue from Holmes Street to Sommerville Street by streetscape improvements and this report was received by the Council on August 3, 1993. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of 1st Avenue from Holmes Street to Sommerville Street by streetscape improvements 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 $360,302.15. 2. A public hearing shall be held on such proposed improvements on the 21st day of September, 1993, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, 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 1993-12 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney _ QA ► p �. L \ •. \ - 1 \--' 0 11 i i .. . .. ....... ....... . I\ki\\ 11),,,. 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JULY 1993 TABLE OF CONTENTS Description Page No. Introduction 1 Scope 1 Background 1 - 2 _ Proposed Improvements 2 - 4 Cost Estimate 4 - 6 Funding/Special Assessments 6 - 7 Conclusions 7 Appendix INTRODUCTION The City Council of Shakopee, Minnesota ordered the preparation of a feasibility report for the Downtown Streetscape Project, Phase II. SCOPE This report evaluates the feasibility of completing the Downtown Streetscape Project. The factors that are relevant to this evaluation are; existing street conditions, available parking, and historical impacts to the downtown area. In addition, proposed improvements are provided, cost estimates were compiled, and funding strategies outlined. BACKGROUND The Downtown Streetscape Phase II Project will encompass First Avenue from Holmes Street to Sommerville Street. This area is included in the original plat of Shakopee. The roadway in this section of First Street is currently 60 feet wide, with four lanes of traffic and two lanes of parallel parking. According to our records, 1st Avenue was last reconstructed in 1961. After construction of the Minibypass, four lanes of traffic will not be necessary, while additional parking would be desired. This has been the intention of the original streetscape project in surrounding blocks. The sidewalks along First Avenue are cracked and deteriorated past the point of repair. This makes access to downtown businesses and pedestrian movements difficult. The existing sanitary sewer in First Avenue is clay pipe which was installed in 1912. The pipe _ is deteriorated and does not meet current standards. The manholes are also sub-standard and in need of replacement. The existing watermain is original cast iron pipe which may need replacing. Shakopee Public Utilities has been contacted to make this determination, but for purposes of this report we will assume the watermain needs to be replaced. 1 The downtown area has a historical feel and look to it. The original streetscape projects in the neighboring streets were designed to enhance the historical nature of the downtown, and to act as a catalyst for future upgrading of existing building fronts in a similar historical venue. In 1987 and 1988, the City of Shakopee constructed Phase I of the Downtown Streetscape Project, which consisted of complete reconstruction of the downtown streets and utilities, including adding streetscape amenities such as brick paving, planters, benches, nodes and decorative lighting. PROPOSED IMPROVEMENTS A. Roadway In keeping with the earlier streetscape project, the roadway, curb and gutter and sidewalk would be removed and rebuilt in the more historical theme. Several options as to parking configurations, lane widths and node placement are available. The following three alternatives have been proposed. ALTERNATIVE 1. The first alternative is to provide angle parking along half of the block, with parallel parking across the street. This scheme would be reversed at midblock with angle parking becoming parallel, etc. Alternative 1 also allows for node placement at mid block to _ accommodate a smooth transition between parking types and allows placement of trees, benches and other amenities consistent with the earlier streetscape project. ALTERNATIVE 2. The second alternative is to provide angle parking along one side of the street and parallel parking on the other side for the entire length of the block. Optional nodes at midblock for the placement of streetscape items are the same as with alternative 1. ALTERNATIVE 3. Alternative 3 is to provide angle parking along both sides of the street for the entire length of the block. Nodes for streetscape items at midblock are optional. 2 Regardless of which alternative is chosen, it is recommended that the roadway be constructed to meet 10 ton specifications which would accommodate the truck traffic generated by local business. Sidewalks 10 feet wide are also recommended for each side of the street. B. Sanitary Sewer The existing sanitary sewer in First Avenue is 12 inch clay pipe. It is proposed to replace the clay pipe with 12 inch PVC pipe. Additional stubs may be required for future projects. C. Storm Sewer The existing storm sewer consists of crossings at Holmes Street, Lewis Street and Sommerville Street. It is recommended that all storm sewer within the project limits be replaced to bring the sewer up to current standards. D. Watermain The existing watermain runs along First Avenue, from Holmes Street to Sommerville Street. _ New 8 inch ductile iron pipe watermain is proposed. The new watermain is subject to concurrence by Shakopee Public Utilities, however, it has been the practice of Shakopee Public Utilities to replace utilities when the City reconstructs a roadway. E. Streetscape Items It is recommended that streetscape amenities such as brick paving, benches, decorative lighting, and planters be installed to match Phase I of the Downtown Renovation. The exact location of streetscape items will be determined during final design. F. Lewis Street- First Avenue to Levee Drive _ In addition to First Avenue, the project will include Lewis Street from First Avenue to Levee Drive. There are several options that may be selected for developing this area. The following alternatives have been proposed. 3 ALTERNATIVE 1. Leave Lewis Street open to traffic. This would involve selecting a street/parking alternative and reconstructing Lewis Street. Alternative 1 would provide additional access to the alley north of First Avenue, as well as additional parking. ALTERNATIVE 2. Vacate Lewis Street and sell the land for development. This option allows the City to add additional land to the tax roll, as well as creating new business opportunities in the downtown area. ALTERNATIVE 3. Abandon Lewis street and create a pedestrian mall/scenic park. This option would provide a focal point or view for people entering Shakopee via the new T.H. 169 bridge. Possible uses for the park include a statue, a decorative fountain or a bell tower for the old City Hall bell. The specific element that would serve as a focal point for this park would be determined by the City Council, Community Development Commission, Downtown Business Association, or other civic groups and is beyond the scope of this report. This report recommends Alternative 3. It is felt that a focal point in the downtown area would attract visitors to that area. But depending on the results of the architectural report ordered by the City Council, Alternative No. 2 may also be desirable. COST ESTIMATE A detailed cost estimate can be found in the Appendix. A summary of the project costs is as follows: FIRST AVENUE COST ESTIMATE A. Roadway $105,419.00 B. Sanitary Sewer 41,138.00 C. Storm Sewer 9,378.00 D. Watermain 30,774.00 E. Streetscape Items 80,200.00 4 Estimated Construction Costs $266,909.00 — Add 10% Contingency 26,690.90 Add 25% Engineering & Administrative 66,702.25 Total Estimated Project Costs $360,302.15 LEWIS STREET COST ESTIMATE A. Alternative 1 Roadway $ 21,169.00 Streetscape Items 18,650.00 Construction Total $ 39,819.00 Add 10% Contingency 3,981.90 — Add 25% Engineering & Admin. 9,954.75 Alternative 1 Total $ 53,755.65 B. Alternative 2 Construction Total $ 7,072.00 Add 10% Contingency 707.00 Add 25% Engineering & Admin. 1,768.00 Alternative 2 Total $ 9,547.00 5 C. Alternative 3 Construction Total $ 41,698.50 Add 10% Contingency 4,169.85 Add 25% Engineering & Admin. 10,424.25 Alternative 3 Total $ 56,292.97 FUNDING / SPECIAL ASSESSMENTS The current Special Assessment Policy for the City of Shakopee determines the funding for this project. Per the Assessment Policy, street reconstruction is 25% assessable to the abutting property owners. When the assessment roll was compiled for the first phase of the Downtown Streetscape Project, a special formula was created for assessment calculation. This formula calculates 70% of the assessable costs on an adjusted front footage basis, and 30% on a square footage basis. This formula was adopted to account for the odd shape and size differences in the lots in the downtown area. A. ROADWAY FUNDING The roadway will be 25% assessable. The remaining 75% will come from Tax Increment Funding (TIF) accounts. First Avenue is currently a State Highway, and is expected to be turned back to the City after completion of the Minibypass Project. The State usually improves roads prior to turnback, therefore, the City may receive some funding from the State for the roadway construction. This funding would be applied to reducing the burden on TIF funds rather than reducing the assessable amount. B. STORM SEWER The storm sewer replacement costs are not assessable and will come form the Storm Drainage Fund. 6 C. SANITARY SEWER The sanitary sewer replacement costs are not assessable and will come from the Sanitary Sewer Fund. D. WATERMAIN The watermain replacement costs will be funded by Shakopee Public Utilities Commission (SPUC). E. STREETSCAPE ITEMS The streetscape items are not assessable and will be funded by Tax Increment Funding (TIF). F. SERVICE CONNECTIONS Sewer service connections will be 100% assessed to the benefitting property owned as needed. CONCLUSIONS The downtown area on First Avenue from Holmes Street to Sommerville Street will become a local street after construction of the Minibypass Project. As such, it will be the only area in the downtown that has not been improved with a streetscape type project. At a minimum, the street needs to be replaced to eliminate unneeded driving lanes and provide more parking. It is recommended that streetscape amenities be added to match earlier projects in the downtown area. This report concludes that reconstructing First Avenue is feasible and recommends the improvements as stated in this report. 7 APPENDIX Page No. Project Location 1 Street / Parking Alternative No. 1 2 Street / Parking Alternative No. 2 3 Street / Parking Alternative No. 3 4 Existing Sanitary Sewer 5 Existing Storm Sewer 6 Existing Watermain 7 First Avenue Cost Estimate 8 - 11 Lewis Street Cost Estimate 12 - 15 Assessment Area Map 16 Assessment Roll 17 - 20 �1 1J ry�tu� cc' as 1-1HH3SaNW I is JII LJ '.n H P\ -1 s ,�_ Q v ,_ ', '1S• NIA 3Ia1Nad T330--issi4 � d d l, NLDNNa 0it 13 S ♦ iS 0 tow -1- W !I I � ) LIP ___:.. W [,.. , mo-3111Ally .is IN t I IliliTtil -nilliiii NINW ZnZC Ya33N3dS�Qm � a3wWOS > � ��� SIM3'1 H- O V'!" ���'viii�� �� S3w��Hw � ��,iS ,1am =Z oa_ _13000._._.......--..; s• 111 TO 1.....1-, re TE el Trin3 •• 103> v_, � ops = I V13111 o aN�dd r \rili@ ���� 3-3,coI �1 mug o , ;c7. 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O oOM :� =E .:s PN MI �:WI d ilial � tel* II A1;;WW Mil I lin %. 1.---- VW:, iL, Z in •Ilk♦ MI s7-giiilb% 1 r „ IsaTrI0H _ II ..Z.:: Di., \ �_ -ice r7 '' r.1 as MIIIIIIINEInd� TI _ T , ' •c?..,1 — . _0/ cl 11 cl - PRELIMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — ROADWAY 1 Remove Pavement S.Y. 5200 $1.60 $8,320.00 2 Remove Curb &Gutter L.F. 1200 $2.70 $3,240.00 — 3 Remove Sidewalk S.F. 12000 $0.75 $9,000.00 4 Remove Catch Basins EA. 9 $345.00 $3,105.00 and Manholes — 5 Remove Pipe L.F. 820 $9.40 $7,708.00 6 Common Excavation C.Y. 1733 $4.80 $8,318.40 7 Class V Base (8") TON 2457 $7.80 $19,164.60 8 B-618 Curb &Gutter L.F. 1360 $5.50 $7,480.00 9 Sidewalk (4") S.F. 9800 $1.90 $18,620.00 10 Bituminous Base (2") TON 586 $22.00 $12,892.00 11 Bituminous Wear(2") TON 586 $22.00 $12,892.00 12 Tack Coat GAL. 260 $1.00 $260.00 13 15' Light Pole Fixture EACH 8 $2,400.00 $19,200.00 14 Tree Grates EACH 12 $800.00 $9,600.00 15 Trash Receptacles EACH 8 $400.00 $3,200.00 16 Planters EACH 12 $600.00 $7,200.00 17 Brick Paving S.F. 4000 $7.00 $28,000.00 18 Benches EACH 4 $800.00 $3,200.00 19 35' Foot Pole Fixture EACH 4 $2,450.00 $9,800.00 8 - PRELIMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS 20 Mobilization L.S. 1 $5,323.00 85,323.00 Estimated Roadway Cost 5196,523.00 Plus 10% Contingency $19,652.30 Subtotal $216,175.30 Plus 25% Engr./Admin. $54,043.83 TOTAL EST. ROADWAY COSTS $270,219.13 9 PRELIMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS SANITARY &STORM SEWER 1 Construct Catch Basin EACH 3 $183.00 $549.00 2 Casting for Catch Basin EACH 3 S330.00 $990.00 3 Rebuild Sanitary Manhole EACH 3 $1,360.00 S4,080.00 4 Rebuild Storm Manhole EACH 3 $1,130.00 $3,390.00 5 12" RCP Catch Basin Leads L.F. 60 S22.40 $1 ,344.00 6 Sewer Service Connects EACH 30 S295.00 $8,850.00 Estimated Sanitary/Storm Sewer Cost $19,203.00 Plus 10% Contingency S1 ,920.30 Subtotal $21,123.30 Plus 25% Engr./Admin. $5,280.83 TOTAL EST. SANITARY & $26,404.13 STORM SEWER COSTS 10 - PRELIMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II ITEM CONTRACT UNIT ! NO. ITEM UNIT QUANTITY PRICE TOTALS WATERMAIN 1 Remove Watermain L.F. 720 S9.40 $6,768.00 2 8" DIP Watermain L.F. 720 $19.30 $13,896.00 3 Adjust Gate Valve EACH 3 S155.00 $465.00 4 !Reconnect Hydrant EACH 1 S795.00 $795.00 5 Reconnect Service EACH 30 S295.00 $8,850.00 Estimated Watermain Cost $30,774.00 Plus 10% Contingency S3,077.40 Subtotal S33,851.40 Plus 25% Engr./Admin. S8,462.85 TOTAL EST. WATERMAIN COSTS $42,314.25 GRAND TOTAL $338,937.50 11 - PRELIMINARY COST ESTIMATE LEWIS STREET — ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — OPTION NO. 1 STREETSCAPE 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 — 2 Remove Curb &Gutter L.F. 300 $2.70 $810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Common Excavation C.Y. 333 $4.80 $1,598.40 — 5 Class V Base TON 420 $7.80 $3,276.00 6 Concrete Curb & Gutter L.F. 340 $5.50 $1,870.00 7 Concrete Sidewalk S.F. 2450 $1.90 $4,655.00 — 8 Bituminous Base TON 115 $22.00 $2,530.00 9 Bituminous Wear TON 115 $22.00 $2,530.00 10 Tack Coat GAL. 50 $1.00 $50.00 — 11 15' Lamp Pole/Fixture EACH 2 $2,400.00 $4,800.00 12 Trees/Grates EACH 4 S800.00 $3,200.00 13 Trash Receptacles EACH 2 $400.00 $800.00 — 14 Planters EACH 4 $600.00 $2,400.00 15 Brick Paving S.F. 600 $7.00 $4,200.00 16 Benches EACH 1 $800.00 $800.00 12 - PRELIMINARY COST ESTIMATE LEWIS STREET ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS 17 35' Foot Pole Fixture EACH 1 $2,450.00 $2,450.00 Total Option No. 1 $39,819.40 Plus 10% Contingency $3,981.94 Subtotal $43,801.34 Plus 25% Engr./Admin. $10,950.34 TOTAL EST. ROADWAY COSTS $54,751.68 13 - PRELIMINARY COST ESTIMATE LEWIS STREET ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS OPTION NO. 2 VACATE 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 2 Remove Curb &Gutter L.F. 300 $2.70 $810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Concrete Curb &Gutter L.F. 120 $5.50 $660.00 5 Concrete Sidewalk S.F. 480 $1.90 $912.00 6 Brick Paving S.F. 120 $7.00 $840.00 Total Option No. 2 $7,072.00 Plus 10% Contingency $707.20 Subtotal $7,779.20 Plus 25% Engr./Admin. $1,944.80 TOTAL EST. ROADWAY COSTS $9,724.00 14 - PRELIMINARY COST ESTIMATE LEWIS STREET ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — OPTION NO. 3 PARK 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 — 2 Remove Curb & Gutter L.F. 300 $2.70 $810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Concrete Sidewalk S.F. 4249 $1.90 $8,073.10 5 Brick Paving S.F. 1219 $7.00 $8,533.00 6 Trees EACH 4 $300.00 $1,200.00 7 Hedges/Flowers L.S. 1 $1,000.00 $1,000.00 8 15' Lamp Pole/Fixture EACH 6 $2,400.00 $14,400.00 9 Benches EACH 4 $800.00 $3,200.00 10 Sod w/Top Soil S.Y. 253 $2.50 $632.50 Total Option No. 3 $41,698.60 Plus 10% Contingency $4,169.86 Subtotal $45,868.46 Plus 25% Engr./Admin. $11,467.12 TOTAL EST. 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Cl) 0 0 0 0 0 0 0 0 0 0 0 co co co co co co co co E-, c") o 0 0 0 0 0 $ o 0 0 0 (n p ' N N 41 Q C N N N N N N N N N N N 19 I- n. o S J r o ►: of ti obi N h — al �i 4 COQ — $ $ o S cr Lu S S g g y4 4 co co '4 — to Q b co 0, o ~ W o; tr cD ri — W81-- E 0 V) o y2 .9 Q W Wcoo rn '▪C N N0 O8 CO ty, W 2 o c o 0 — (DLuo N o Z co 61 49 49 v Q CO e oma °° ei N — 4. 0 N a 0 WO _ 4 p N is O o CO ...2 /•Z°O OO Q o rn 2Ck `adv ca `o3a J cl v. a N C Q W Z co -- m o m U o o a4 m ap a. — N Y Q a Y Y ro cn cn ro Lo Zs Civ 0Nim052 ° vc) o) oo) W k tn ON �, V) o ro ¢ c� ,� •S • o h 3 � a • Q c c a o O O m 4i •° IT, J ro m 2 m J 4 c m V i 4 Q EM 2 ro (i .°x ro2ra `� � _ Q k �a '* ro E N ;a v ro 0cocn2N2 � c- co Q c 0 0 cz,I co rn rn o 0 0 W Q 'aN N N 20 i i i i 1 i i 41yCONb �, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: VIP Sewer Interceptor and Rahr Forcemain DATE: July 27, 1993 INTRODUCTION: Attached is Resolution No. 3839 which approves plans and specifications and authorizes staff to advertise for bids for the VIP Sewer Extension and Rahr Forcemain. BACKGROUND: On August 18, 1992 the City Council of Shakopee ordered the preparation of plans and specifications for the VIP Sewer Extension and plans and specifications were ordered for the Rahr Rahr Forcemain on October 6, 1992. The VIP Sewer Extension and Rahr Forcemain Projects are being combined to facilitate bidding to receive lower prices and economize the construction management. The project was also originally planned to include the Rahr service line (inverted siphon) which is being designed by Short-Elliott-Hendrickson (SEH). The consultant has informed City staff that the design is complete, and ready for bidding, but the appropriate agreements have not been executed with Rahr Malting covering the construction of a service line on private property. Rahr has been informed that in the absence of these agreements the service line project will be bid separately at a later date. It should be noted that the service line will not be needed until the Rahr Forcemain and VIP Sewer Extension Projects are complete. The VIP Sewer Extension will be installed in right-of-way which was already acquired for the Upper Valley Drainage Project. Since these two projects are utilizing the same right-of-way,they will have to be scheduled so that the contractors can complete their work without interfering with each other. The bid opening for the Upper Valley Drainage Project is set for July 30, 1993 and staff is planning to present the bids to the City Council on August 3, 1993. The Upper Valley Drainage contractor will require 4 to 6 weeks to prepare the site before the VIP contractor can begin work. This should allow Council an ample amount of time to accept bids and award the VIP contract before the site is ready. ALTERNATIVES: 1. Adopt Resolution No. 3839. 2. Deny Resolution No. 3839. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3839, A Resolution approving Plans and Specifications and Ordering Advertisement for Bids for the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No. 1992-9 and the Rahr Malting Forcemain and Gravity Sewer from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer, Project No. 1993-1 and move its adoption. DMN/pmp MEM3839 RESOLUTION NO. 3839 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The VIP Interceptor Extension From County Road 79 To The West Corporate Limits, Project No. 1992-9 And The Rahr Malting Forcemain And Gravity Sewer From 3rd Avenue And Webster Street To County Road 15 And The VIP Interceptor Sewer, Project No. 1993-1 e. WHEREAS, pursuant to Resolution No. 3647 adopted by City Council on August 18, 1992 and Resolution No. 3674 adopted by City Council on October 6, 1992, David E. Hutton, Public Works Director has prepared plans and specifications for improvements to the VIP Sewer Interceptor and the Rahr Malting Forcemain and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. 3. These two projects, 1992-9 and 1993-1 are hereby combined into a single project and will be Project No. 1993-1 henceforth. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 4 4/9(6.1 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David Hutton, Public Works Director SUBJ: Upper Valley Drainageway/Shakopee Byp ss DATE: August 3 , 1993 INTRODUCTION: Attached is Resolution No. 3841 for City Council consideration which authorizes the execution of a Cooperative Agreement with MnDOT for the Upper Valley Drainageway/Shakopee Bypass Project . BACKGROUND: On June 15, 1993 , the City Council of Shakopee authorized the advertisement for bids for the Upper Valley Drainageway/Shakopee Bypass Project . This project consists of constructing the remainder of the Upper Valley Drainageway from C.R. 79 to West of Tahpah Park, along with the construction of 5 connecting storm sewers/ditches from the Shakopee Bypass north to the Upper Valley Drainageway. This project will be funded jointly by the City of Shakopee and MnDOT. The cost participation amounts are determined by the amount of stormwater runoff generated by MnDOT (Shakopee Bypass) versus the total runoff needed for the entire Mill Pond drainage basin. In 1991, a Memorandum of Understanding was agreed to between the City of Shakopee and MnDOT regarding the various elements of this project . One of the items agreed to was that MnDOT would acquire all the right-of-way for this project . The bidding and construction of this project has been delayed for two years due to the right-of-way acquisition process . Attached is Cooperative Construction Agreement No. 70599 outlining the City' s cost participation in this project . This agreement was delivered to the City on August 3 , 1993 and therefore has not been reviewed by the City Attorney. If City Council desires to execute this agreement, the attached Resolution No.3841 authorizes that action. Per the estimated project costs, the State' s share of this project including an 8% Engineering fee and a $100, 000 contingency is $1,433 , 683 . 93 . On July 30, 1993 the sealed bids were received and publicly opened for this project . A total of 10 bids were received. The low bid was submitted by Ryan Contracting for a total amount of $2 , 088, 468 . 00 . The Engineer' s estimate for this project was approximately $2, 112, 820 . 00 . According to the agreement, the City of Shakopee cannot award the contract until MnDOT concurs on the award in writing. Staff has submitted a request to MnDOT for concurrence on the award and it is anticipated that this will be received by the City prior to the August 17, 1993 Council meeting. ALTERNATIVES: 1 . Adopt Resolution No. 3841, authorizing the execution of a Cooperative Construction Agreement with MnDOT. 2 . Deny Resolution No. 3841. 3 . Table Resolution No. 3841 . RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3841, A Resolution Authorizing the Execution of a Cooperative Construction Agreement With MnDOT for the Shakopee Bypass Drainage Project No. 1993-3, and move its adoption, subject to approval by the City Attorney. DH/tiv RESOLUTION NO. 3841 A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE SHAKOPEE BYPASS DRAINAGE PROJECT NO.1993-3 BE IT RESOLVED that the City of Shakopee enter into Agreement No. 70599 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: To provide for payment by the State to the City of the State's share of the costs of the storm sewer and ditch construction to be performed north of and along proposed Trunk Highway No. 101 (Shakopee Bypass) from Mainline Ditch Segment No. 6 located near the northwest quadrant of the proposed Trunk Highway No. 101 (Shakopee Bypass) - County State Aid Highway No. 16 intersection to the end of Mainline Ditch Segment No. 1 located on the north side of proposed Trunk Highway No. 101 (Shakopee Bypass) at Engineer Station 87=70 under State Project No. 7005-62 (T.H. 101=187). BE IT FURTHER RESOLVED that the City officers are hereby authorized and directed to execute such agreement. Adopted in Regular Session of the City Council of the City of Shakopee held this 3rd day of August, 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting thereof held on the 3rd day of August, 1993, as shown by the minutes of the meeting in my possession. City Clerk PRE-LETTING STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION 70599 AGREEMENT S.P. 7005-62 (T.H. 101=187) State Funds Agreement between ORIGINAL The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and Thh City of Shakopee 51, 433 , 682 . 93 Reo State cost storm sewer and ditch construction by the City north of and along proposed T.H. 101 AMOUNT RECEIVABLE (Shakopee Bypass) from approx. C. S.A.H. 15 to C. S.A.H. 16 (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 70599 WITNESSETH: WHEREAS the City is about to perform storm sewer and ditch .construction and other associated construction north of and along proposed Trunk Highway No. 101 (Shakopee Bypass) from Mainline Ditch Segment No. 6 located near the northwest quadrant of the proposed Trunk Highway No. 101 (Shakopee Bypass) - County State Aid Highway No. 16 intersection to the end of Mainline Ditch Segment No. 1 located on the north side of proposed Trunk Highway No. 101 (Shakopee Bypass) at Engineer Station 87+70 in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 93-3 and by the State as State Project No. 7005-62 (T.H. 101=187) ; and WHEREAS the City contract includes the construction of drainage facilities which collect and convey storm water drainage from proposed Trunk Highway No. 101 (Shakopee Bypass) right-of-way, and City and Jackson Township property; and WHEREAS the City has requested participation by the State in the costs of the storm sewer and ditch construction; and WHEREAS the State is willing to participate in the costs of the storm sewer and ditch construction and associated construction engineering as hereinafter set forth; and WHEREAS Minnesota Statute section 161. 20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 2 70599 IT IS, THEREFORE, MUTUALLY AGREED AS ' FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and/or special provisions designated by the City as City Project No. 93-3 and by the State as State Project No. 7005-62 (T.H. 101=187) . The contract construction shall be performed in accordance with State-approved City plans, specifications and/or special provisions which are on file in the office of the City' s Engineer, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State' s State Aid Agreements Engineer at Roseville a certified copy of the low bid and an abstract of all bids together with the City' s request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory. Withdrawal from or cancellation of the agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; 3 70599 however, the State cost participation construction covered under this agreement shall be open to inspection by the State' s Metropolitan Division Engineer at Roseville or his authorized representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . z-;. tion E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State Division Engineer' s authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Additional Construction, Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this agreement unless the necessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. All changes in the plans, specifications and/or special provisions for the State cost participation construction covered under this agreement and all addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this agreement must be 4 70599 approved in writing by the State Division Engineer' s authorized representative before payment is made by the State therefor. Bption G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all FkIderal, State and Local laws, including Minnesota Statute section 16B. 101, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all construction permits and/or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with certified copies of the documents for those construction permits and/or other permits and sanctions. The State and the City shall, in accordance with Revised Letter of Understanding dated October 17, 1991 and Agreement No. 67798 dated July 7 , 1992 , obtain all rights-of-way and easements that may required in connection with the contract construction, and each party shall promptly furnish the other party with certified copies of the documents for those rights-of-way and easements. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated State cost participation construction items and the construction engineering cost share covered under this agreement. Section B. State Cost Participation Construction 100 Percent shall be the rate of cost participation in all of the Mainline Ditch Segment No. 3 box culvert and storm sewer construction to be performed north of and along proposed Trunk Highway No. 101 5 • 70599 (Shakopee Bypass) from but not including Manhole No. 19-1 at Engineer Station 13+45 (a point approximately 800 feet north of proposed Trunk Highway No. 101 Engineer Station 299+00) to and including the end of the box culvert at Engineer Station 20+70 (at proposed Trunk Highway No. 101 Engineer Station 299+00) under State Project No. 7005-62 (T.H. 101=187) . The construction includes the State's proportionate share of item costs for mobilization, clean up, and clearing and grubbing. 54 Percent shall be the rate of cost participation in all of the following construction to be performed north of and along proposed Trunk Highway No. 101 (Shakopee Bypass) under State Project No. 7005-62 (T.H. 101=187) . The construction includes the State' s proportionate share of item costs for mobilization, clean up, and clearing and grubbing: 1. All of the Mainline Ditch Segment No. 3 storm sewer construction from and including the apron that drains into Mainline Ditch Segment No. 1 at Engineer Station 10+50. 1 to and including Manhole No. 19-1 at Engineer Station 13+45 (a point approximately 800 feet north of proposed Trunk Highway No. 101 Engineer Station 299+00) . 2 . All of the Mainline Ditch Segment No. 4 storm sewer construction from and including the apron including all associated riprap at Engineer Station 0+80 that drains into a pond located on the east side of County Road No. 79 to and including the apron at Engineer Station 24+22. 67 (at proposed Trunk Highway No. 101 Engineer Station 332+00) . 3. All of the Mainline Ditch Segment No. 6 storm sewer construction from and including a section of storm sewer pipe that connects to an existing 66 inch storm sewer pipe at Engineer Station 0+18 (on Hauer Trail at a point approximately 200 feet south of County State Aid Highway No. 16) to and including the apron at Engineer 6 70599 Station 27+04 . 88 (at proposed Trunk Highway No. 101 Engineer Station 407+00 approximately 'h of a mile west of County State Aid Highway No. 16) . 4 . Except as noted below, all of the Mainline Ditch Segment No. 1 ditch, box culvert and storm sewer construction from the beginning of the ditch (at approximately Engineer Station -5+00 on the east side of County Road No. 79) to the end of the ditch (at approximately Engineer Station 87+70 on the northerly side of proposed Trunk Highway No. 101 Engineer Station 235+00) . EXCEPTIONS - All of which are 100 percent City cost: a . All of the bituminous trail construction. b. All of the ditch structure construction (at Engineer Station 33+00 approximately 150 feet west of County Road No. 77) . c. All of the Lions Park pond and storm sewer construction to and including the apron and riprap on the edge of Mainline Ditch Segment No. 1 at Engineer Station 55+00 . d. All of the sprinkler system construction at Tahpah Park. Section C. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this agreement. Section D. Addenda, Change Orders and Supplemental Agreements The State shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the State cost participation construction covered under this 7 70599 agreement and which have been approved in writing by the State Division Engineer' s authorized representative. SzIction E. Settlements of Claims The State shall pay to the City its share of the cost of any settlements of claims made with the City's contractor. All liquidated damages assessed the City' s contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. NRTICLE III - PAYMENT BY THE STATE Section A. Estimate and Advancement of the State' s Cost Share It is estimated that the State' s share of the costs of the contract construction plus the 8 percent construction engineering cost share and a $100, 000. 00 contingency amount is the sum of $1, 433 , 682 . 93 as shown in the attached Preliminary SCHEDULE "I" . The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this agreement, the State shall then decide whether to concur in the City' s award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction and/or State-approved additional construction including construction engineering costs. The State shall advance to the City the State' s total estimated cost share, less contingency amount, as shown in the Revised SCHEDULE "I" after the following conditions have been met: 8 70599 1. Encumbrance by the State of the State' s total estimated cost share, including contingency amount, as shown in the Revised SCHEDULE "I" . 2 . Execution and approval of this agreement and the State' s transmittal of same to the City along with a copy oftathe e� sRevised SCHEDULE "I" and a letter advising the City of the concurrence in the award of the construction contract. 3 . Receipt by the State of a written request from the City icationthe by advancement of funds. The request shall include the City that the construction contract has been executed by all necessary parties. Whenever it appears the cost of the State participation construction covered under this agreement is about to exceed the current amount of encumbered State funds, the City shall notify the State Division Engineer ' s authorized representative in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional i funds necessary to complete the State cost participation construction including construction engineering costs and the reason(s) why ut the current amount encumbered will be exceeded. TheState n its approval of the additional State cost participation construction, nds submit a request for encumbrance of the necessary additional the Minnesota Department of Finance. That action will have veetses share effect of amending this agreement so as to include theof the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation covered under this agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City' s own risk. The City shall notify the State Division Engineer ' s authorized representative in writing of 9 70599 the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State approves the additional State cost participation construction, the City' s claim for compensation along with a request for encumbrance of the necessary additional funds shall be submitted to the Commissioner of F'.nance for review pursuant to Minnesota Statute section 16A. 15, ubdivision 3 , but no guarantee is made that the claim will be approved by the Commissioner of Finance. If the Commissioner of finance certifies the claim for compensation and the request for 'ncumbrance of the necessary additional funds therefor, that action \;Aill have the effect of amending this agreement so as to include the State' s share of the costs of the additional construction. If the State determines that the submittal of a claim for compensation is warranted and it is deemed legally necessary to supplement this agreement, and if the claim is approved and a supplement to this agreement in connection with the claim is prepared and processed, the first $3 , 000 . 00 of the claim will not be eligible for payment. Section B. Records Keeping and Invoicing by the City The State shall provide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of documents for processing final payment of the State participation construction cost covered under this agreement. The City shall keep records and accounts that enable it to provide the State with the following prior to final payment by the State: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. 10 70599 2 . Copies of the City contractor' s invoice(s) covering all contract construction. 3 . Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official that final construction contract payment has been made. 4 . Copies of all construction contract change orders and/or supplemental agreements. S . A certification form attached to a copy of the Final SCHEDULE "I" , both of which shall be provided by the State. The certification form shall be signed by the City' s Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and/or special provisions. b. Acceptance and approval of all materials furnished for the State cost participation construction covered under this agreement relative to compliance of those materials to the State ' s current "Standard Specifications for Construction" . c. Full payment by the City to its contractor for all contract construction. 6 . When requested by the State, copies, certified by the City' s Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this agreement. 7 . A copy of the "as built" plan sent to the State Aid Agreements Engineer. 11 70599 8 . A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I" . As provided by Minnesota Statute section 16B. 06, subdivision 4 , the books, records, documents, and accounting procedures and practices of the City relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the State auditor as appropriate. Section C. Final Payment by the State Upon completion of all contract construction, the State shall prepare a Final SCHEDULE "I" based on final quantities of State cost participation construction and shall submit a copy to the City. If the final cost of the State participation covered under this agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation covered under this agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE "I" and final payment of the State participation cost covered under this agreement are detailed in the Payment Processing Package, which the State shall furnish the City. Pursuant to Minnesota Statute section 15 . 415, the City waives claim for any amounts less than $2 . 00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less than $2 . 00 of those funds advanced by the State. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and/or parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. 12 70599 Section B. Maintenance Upon satisfactory completion of the storm sewer facilities construction to be performed within the Trunk Highway No. 101 (Shakopee Bypass) right-of-way under the construction contract, the State shall provide for the proper maintenance of those facilities, without cost or expense to the City. Except for the storm sewer facilities construction to be performed , ithin the Trunk Highway No. 101 (Shakopee Bypass) right-of-way, upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. Upon satisfactory completion of the storm sewer facilities construction to be performed within Jackson Township under the construction contract, the State shall provide for the proper maintenance of those facilities, without cost or expense to the City, until such time as the City annexes portions of Jackson Township which those facilities are within. Except for the storm sewer facilities construction to be performed within the Trunk Highway No. 101 (Shakopee Bypass) right-of-way, at such time as the City annexes portions of Jackson Township which the storm sewer facilities are within, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. Upon satisfactory completion of the bituminous trail construction to be performed under the construction contract, the City shall provide for the proper maintenance of the trail, without cost or expense to the State. Maintenance shall include, but not be limited to, snow and debris removal and any other maintenance activities necessary to perpetuate the trail in a safe and usable condition. 13 • 70599 Section C Additional Drainage additional drainage Neither party to this agreement shall drain any into the storm sewer facilities to be constructed underihe for construction contract, that was not included in which the storm sewer facilities were designed without theirrainage st obtaining permission to do so from the other party. areas served by the storm sewer facilities constructed u derBIhe T construction contract are shown inn thelofficerof the, State' s "Drainage Area" , which is on file l a Division Hydraulics Engineer at Golden Valley and ismadeugh part fully hereof by reference with the same force and effect set forth herein. Section D. Claims City at its own sole cost and expense shall defend, indemnify, The Ci y agents, officers and save and hold harmless the State and all f proceedings, actions or employees of and from all claims, demands, of action of whatsoever nature or character arising out of or causes and/or construction engineering by reason of contract construction, including an action or claim maintenance covered under this agreement its agents, officers and which alleges negligence of the State, employees. by the City All employees of the City and all other persons employedengine in the performance of contract construction, consuction eng and/or maintenance covered under this agreement shall not be ed em loyees of the State. All claims that anise e undealfofthe consider P the Worker' s Compensation Act of the Stamadee of ebyt any third parties employees while so engaged and all claims as a consequence of any act or omission on the part of the employees while so engaged on contract construction, re construction engineering and/or maintenance covered under this agement shall in no way be the obligation or responsibility of the State. 14 70599 All employees of the State and all other persons employed by the State in the performance of maintenance covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the City. Section E. Nondiscrimination The provisions of Minnesota Statute section 181. 59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section F Agreement Approval it shall be Before this agreement shall become binding and effective, approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 15 70599 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE Recommended for approval: By By � // /2 Mayor �- Director tire-Letting Service's Section Date By By Division Engineer City Administrator Approved:: Date DEPARTMENT OF ADMINISTRATION By State Design Engineer Approved: Date (Date of Agreement) By (Authorized Signature) 0ICE OF THE ATTORNEY GENERAL Date Approved as to form and execution: DEPARTMENT OF FINANCE By Approved: Assistant Attorney General By (Authorized Signature) Date 16 O O O M M O M z O k.O kO M O\ O Ol M H H O •-i ri •-1 N O N Q1 U) H CO •-i CI\ CT c0 0 co H 0 a N %O CO N �O 0 V) 0,i H 0 d' CO M 0 M 0 W U 0 M M O1 M 0 M r) EHE S0N MH •c > HZ ri ri H H H U) < Vr V> tJ} a I'D 115 o c a) -H t7 H CO a) a ,a 4J I o IEQ I O• •r1 4) 1! U a) m ci) co a) a U') a) H • 0 O. H W• r .. 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Construction requirements, nuisance issues, and safety concerns are not addressed. In addition, there has been confusion because there is no definition of "swimming pool" . The Building Official has received numerous questions as to whether a small or medium size wading pool requires fencing. The existing code implies that all pools require fencing. The proposed new ordinance is based on ordinances from cities near Shakopee. It clarifies which items are regulated by providing a definition of pool . The fencing requirements are lowered from six feet to four, but tightened to prohibit chain link and other climbable fences. Various safety measures are added, such as prohibiting construction under or over utility lines, and within easements. Nuisances such as light shining off the property and draining pools onto public streets, are prohibited. These provisions are placed in their own Section, in order to allow people to find the swimming pool regulations more easily. ACTION REQUESTED: Offer Ordinance No. 361 , an ordinance amending City Code Chapter 4, Construction Licensing, Permits and Regulations, Sec . 4 . 03 , Building Permits, by repealing paragraph D, Swimming Pools, of Subd. 1, Fence Construction Requirements, and adopting one new Section in lieu thereof, and move its adoption. Submitted by: � v Y City Attorney /. [4 . 03] ORDINANCE NO. 361 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 4 , CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, SEC. 4 . 03 , BUILDING PERMITS, OF THE CITY CODE, BY REPEALING PARAGRAPH D, SWIMMING POOLS, OF SUED. 1, FENCE CONSTRUCTION REQUIREMENTS, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 4 , Construction Licensing, Permits and Regulations, Sec . 4 . 03 , Building Permits, is hereby amended by repealing section D, Swimming Pools, of Subd. 1, Fence Construction Requirements, and adopting one new Section in lieu thereof, which shall read as follows : SEC. 4 . 10 . SWIMMING POOLS . Subd. 1 . Definition. A "swimming pool" is any enclosure (a) designed, intended, or used for the containment of water, whether constructed below ground level or above ground level, (b) having a surface area of one hundred (100) square feet or more and a depth of eighteen (18) inches or more, and (c) which is designed, intended, or used for swimming, wading, or other recreational use by the owner or tenant of the property upon which the pool is constructed, or by their family or invited guests without payment of a fee . Subd. 2 . Permit Required. [1 . General Requirements : ] A. All pool installations [will] require a building permit . B. The application [applicant] for a permit [to install a pool is to indicate the height of the proposed pool , the type of pool, fencing details , gate details and location on the property. ] must include the following: (1) Complete plans and specifications for the construction of the pool ; (2) A site clan showing the distance of the proposed swimming pool from the property lines ; existing structures on the lot, including the house , garage, and fences; trees; overhead and underground wiring; utility easements ; any on-site sewer system; and other significant features ; (3) The proposed location of pumps, motors, electrical power source, if any, flushing and drainage outlets, and other operational features; and (4) Location and specifications of protective fencing. Subd. 3 . Fencing. A. Height . Pools are to have fencing with a minimum height of four (4) feet and a maximum distance between the ground and bottom of the fence of three (3) inches. B. Gate . Any gate must be self-closing and self-locking. The latch shall be no less than four (4) feet above the ground level and shall be so constructed and placed as to be inaccessible to small children. All gates shall be locked when the pool is not in use or is unattended by an adult who knows how to swim. C. Materials . Durable wood, masonry, or coated non- corrosive metal, or a combination thereof, are acceptable materials for construction of a fence. The fence must be so constructed that it is not climbable by small children. The fence may not block the view of the pool from the house. D. Installation. The fence shall be completely installed before filling the pool . E. Above-Ground Pools : The walls of an above-ground pool may serve as the fence, if four (4) feet above ground level . However, any access to a permanent ladder or stairs must be fenced. Subd. 4 . Construction Requirements. A. Hazard. Private swimming pools shall be constructed so as to avoid hazard or damage the occupants of the subject property or the occupants of adiacent _prgperty. B. Minimum Requirements. 1. No pool shall be located closer to any underground or overhead utility line than allowed by the National Electrical Code and other applicable codes. 2 . No pool may be located within any public or private utility easement, ingress or egress easement, drainage way, wetland, or other location in which it will represent a threat to the natural environment . 2 3 . In areas zoned or used for residential purposes, pools, pool decks, filtration equipment, and other pool items are prohibited in the front yard and in the side-yard setback. Pools shall not be located within ten (10) feet of any property line or any principal structure. Subd. 5. Miscellaneous Requirements. A. Conduct : The conduct of persons and the operation of pools is the responsibility of the owner or the tenant thereof, and such conduct of persons and operation of the pool shall be done in such a manner so as to avoid any nuisance or breach of peace. B. Drainage: All back flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways. Drainage onto public streets or other public drainage ways requires a permit from the director of public works. C. Lighting: Anv outdoor lighting of the pool may not spill or shine upon adlacent properties . For all underground pool lights and above ground plug-in motors, compliance with the Electrical Code is required. D. Filling: The filling of pools from fire hydrants or other public facilities is prohibited without prior approval of the director of Shakopee Public Utilities. E. Equipment : U.S. Coast Guard-approved equipment such as life lackets, life preservers, and a shepherd' s crook, is required at the pool site. [2 . In Ground Pools:) [ (a) All in ground pools are to have fencing with a minimum height of six feet and maximum distance between the ground and the bottom of the fence is six inches.] [ (b) Gates: All in ground pools are to have self-closing, self-locking gates. ] [ (c) Wood, steel mesh, concrete block or stone are acceptable materials for construction. Intermediate rails horizontally or vertically placed must be spaced so that the maximum spacing between shall not exceed six inches. ] 3 [3 . Above Ground Pools. Pools that are entirely six feet above ground need not be fenced. However, ladder access to the pool must be fenced. According to the above criteria, ground will require the entire pool to be fenced. ] 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 4 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: ��,`? ' ."' � ,✓, ' City Attorney Published in the Shakopee Valley Neves on the day of , 1993 . [4 . 03] 4 Cyd MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: August 3 , 1993 RE: Swimming Pool Ordinance Mayor Laurent was kind enough to point out that the revisions to the swimming pool ordinance seemed to be intended to relate to outdoor pools at residences, but the language was not actually limited to those pools . Since that was indeed the intention, I have revised the Definition to so indicate. That is the only change, and is reflected on the attached revised first page of the ordinance. Thank you for your consideration. Signed C,,� __,,/ Karen Marty, City ttorney KEM:bjm [3CCL2] Attachment cc: Dennis Kraft /(2.. 6 ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 4 , CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, SEC. 4 . 03 , BUILDING PERMITS, OF THE CITY CODE, BY REPEALING PARAGRAPH D, SWIMMING POOLS, OF SUBD. 1, FENCE CONSTRUCTION REQUIREMENTS, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 4 , Construction Licensing, Permits and Regulations, Sec . 4 . 03 , Building Permits, is hereby amended by repealing section D, Swimming Pools, of Subd. 1 , Fence Construction Requirements, and adopting one new Section in lieu thereof , which shall read as follows : SEC. 4 .10 . SWIMMING POOLS. Subd. 1 . Definition. A "swimming pool" is any outdoor enclosure located at a private residence (a) designed, intended, or used for the containment of water, whether constructed below ground level or above ground level, (b) having a surface area of one hundred (100) square feet or more and a depth of eighteen (18) inches or more, and (c) which is designed, intended, or used for swimming, wading, or other recreational use by the owner or tenant of the property upon which the pool is constructed, or by their family or invited guests without payment of a fee . Subd. 2 . Permit Required. [1 . General Requirements : ] A. All pool installations [will] require a building permit . B. The application [applicant] for a permit [to install a pool is to indicate the height of the proposed pool, the type of pool , fencing details, gate details and location on the property. ] must include the following : (1) Complete plans and specifications for the construction of the pool; (2) A site plan showing the distance of the proposed swimming pool from the property lines ; existing structures on the lot, including the house, garage, and fences; trees; overhead and underground wiring; utility easements ; any on-site sewer system; and other significant features ; [3 CCL] mum . .. • I • ° N ' I. I?NG JU ' N . . The Newsletter for the Members and Volunteers of Murphy's Landing Volume I1.No. 2 Summer 1993 mill is the only. Al 1hier Ihills flII'OII(JlI it Murphys Landing that isdor gins FLOOD F to the site,. still at its original This June, Murphy's Landing has location. FUNDRAISER experienced the worst flooding of The Trumble House, near the the Minnesota River since the i middle of the site, got a few inches Jul30 through August 1 so-called "flood of the century' in I of water in the basement. The 'e"" .1965. Record rainfall in the Trumbie is still undergoing a WET&WILD event of Minnesota River watershed forced ! renovation, and has not yet been -DBLUVITN DELIGHTS the river past its banks in opened to the public. No artifacts The floods have '93 have done mid-month. The main effect upon were damaged in any of the their best to stop us, but they have the Landing is a marked decrease houses. The map below will give only slowed us down. The in attendance. With every bridge you some idea of the furthest weekend of July 30-August 1 will leading into Scott County closed, extent of the floodwaters. be an all-Volunteer effort to raise the only ways to Shakopee from I The broadcast media were both funds for the Landing. Please help the north were via 35-W or Cedar our best friends and our worst us by volunteering your.time, or Avenue. These highways also enemies. On the positive side, making an extra effort to visit the bore the brunt of other traffic, they gave us some coverage. John Landing that weekend. (Because creating a commuters nightmare. Considine of Creative River Tours this is a fundraising event, we ask Gov. Arne Carlson, on June 24, was featured on KARE-11 with his that members please., consider went so far as to expressly unique solution-to the problems paying the normal admission.) dissuade people from travelling faced by Scott County commuters The theme will be similar to a south of the river except when i -- a ferry service, operated County Fair, with fish-ponds and absolutely necessary. between Murphy's Landing and the other prize booths. We need The river crested at Murphy's Lion's Tap in Eden Prairie. volunteers to make simple prizes, Landing early on Saturday, June On the negative side, the media and to help decorate the game 26, at approximately 16 feet above played up the rising waters to the booths flood stage. While no buildings point of scaring people away from The Flood of '93 is perhaps the • were Beverly damaged, several did anywhere south of the river. i greatest threat the Landing has get pretty wet. The worst off was Attendance at the Landing is down i ever faced. Please help us ensure the Pond Grist Mill, located at the anywhere from 30 to 50 percent, 1 �'�' � that it will not 'wash away." Please extreme west end of the site in the and other Shakopee area call Deanna Geer or Jon Peterson parking lot. The river rose about 5 attractions have similarly felt the at 445-6901 if you can help. feet up the sides of the mill. The pinch in their pocketbooks. f ; \sk : -..,s;. �� fir' �.— +1,4 ' 0 ie aAAroxim2:eiV 100lbs of salt pork WE IIYE LOSS F11LEI ___'.,=-_—�~ -_� preserved in brine. The exhibit :t - contains the tools of farming, two The Landing mourns the passia of ►"'� _ - years of seed, a years'staples, -r• . . household items and clothing. Elmer i'tacl�bb ,,�,• 1 . -,. -4i. You can read more about the ‘�, . It is with great sadness that we 1....`"—'.-1--- �.�. Pioneer Wagon exhibit in the • announce the passing of one of the ; latest issue of Currents, a family of Murphy's Landing. ' Elmer MacNabb, past president of COVERED WAGON RELIVES GRANTS j Minnesota River Valley Review,published by the Scott County on, has recently Historical Society. The article is the Volunteer Wednesday, Murphy's Landing passed away on Wednesday, July ; received two grants in connection accompanied by some fine photos 7. He was 72 years old. Elmer and with its Pioneer wagon exhibit. of the wagon in action. his wife Ruth were the 1992 : On June 10, the Minnesota . Better yet, take a visit to the recipients of the Evelyn Love Humanities Commission awarded Landing this summer, and see the Volunteer of the Year Award• a grant of $4,316 to Murphys Pioneer Wagon for yourself. If This award is given every year by . Landing to support the develop- i you ask nice (or perhaps mention the Volunteers to show , ment of the Pioneer Wagon that you are a member,) you may appreciation for the efforts of one • exhibit. On the same day, the just be able to get a ride in it. or more volunteers. Sibley County Historical Society Elmer was perhaps best known to was awarded a grant for $2,000 to our visitors for his harmonica bring the wagon to the annual A DIME A DOZEN playing. Elmer loved to play Traverse des Sioux Rendezvous, I historic songs on the mouth organ, held in St. Peter in September. by Lynn Ehrke and could often be seen taking The trip to Traverse des Sioux will Our common phrase, "theyre a requests from the visitors as he i be made in a wagon train, with a rode the trolley, or visited number of other carts and wagons dime a dozen" is a pun that was interpreters in their houses. Elmer from the Landing. The group will carried home to .the United States became a sort of international I travel strictly in the manner of the ff by American sailors who recording star, since his 19th century wagon train, moving i accompanied Commodore Perry to Japan on his famous voyage in the harmonica playing has been for 4 hours in the morning, resting Ja P recorded by visitors from all over the animals for five hours, then 1850s. While in Japan the sailors the globe. . travelling another five until were introduced to some of the It was Ruth that brought the making camp. I spiritual practices of Buddhist MacNabbs to the Landing, in 1980, The concept of the exhibit is to I meditations, among them the when when she visited here with use living history techniques to Daimdu Zen. • Partners of the Past, a groups of illustrate the arrival of new The Japanese "Daimdu" literally history buffs. She was told "...we immigrants in the era just prior to means "bent nail." It was the name , need all kinds of help here:" It the Civil War. The interpreters '; for the meditation practice of wasn't long before Elmer was give an introductory presentation, ` focusing ones total attention for • volunteering as well. Elmer had i then enlist the help of the audience long periods of time on a bent nail • fun at the Landing. He felt I to unload the wagon and set up the or some other insignificant object. appreciated, and enjoyed meeting the visitors ' Thispractice was created by a eo camp. In the process, I sixteenth century Zen monk, people. It was a place to put aside would be introduced to the the worries of the 20th century for ; material culture of the frontier and whose intention was to reveal how •• a short while. Elmer worked as a i come to understand ethnicity, the even the small and insignificant construction supervisor for importance of the family and the objects and situations of daily life retired. Minnegasco for 35 years before he role their heritage would play in are capable of opening one to retiHe and Ruth raised three the selection of homestead and holiness. But to the American children, who further blessed them pattern of life and work. sailors, this sacred practice withe7grandchildren and 1 has chosen to signified only a strange obsession Murphys Landing , with worthless and trivial objects. great-grandchild.our ? reconstruct a German farm wagon We extend our sympathies to the t In the late 1860s Daimdu Zen was MacNabb family. Elmer was one ; of the era because of the number hlate 1 'dime a dozen' as s of German wainwrights active in punned of those exceptional people whoa form of ridicule of Oriental gave his all for Murphys Landing. the region. religions and non-Christian forms The material contained within the Although we have lost We are thankful for all the work. - prayer. g • effort and devotion he gave to us "Wagon is as accurate a of the reason over the years. He will be greatly , representation of thefor the phrase, we still - actual load use 'dime a dozen' to connote carried by settlers as possible. something having little value. missed. ' There are *lo substitutions. This common-place or insignificant. _ __n__ ....,..., 1,....-rnnn�a�nc Newsletter Survey • IMPORTANT: if you wish to continue to receive the Landing Journal, you must complete this form and return it to Murphy's Landing no later than September 1. 1993. . Name Address City State Zip I am a Member of Murphy's Landing,since Volunteer at Murphy's Landing,since 1. What kinds of news and"articles do you like in the Landing Journal? (Circle all that apply. Use a separate sheet if needed.) EVENTS AT THE LANDING NEWS ABOUT OR FROM THE LANDING NEWS ABOUT MVRP BOARD AC 11V I I iES NEWS ABOUT VOLUNTEER BOARD ARTICLES OF•HISTORIC RESEARCH OTHER HISTORIC Si l ES LIVLNG HISTORY RECIPES POETRY MESSAGE FROM THE DIRECTOR NEEDS AND WANTS COMMITTEE NEWS VOLUNTEER OPPORTUNITIES INTERPRETER'S PAGES BOOK REVIEWS OTHER (please elaborate) • 2. What kinds you articles do you dislike/ignore? • (PLEASE USE SAME CATEGORIES AS ABOVE) 3. What kinds of articles would you like to read in addition to those included? • 4. How often do you think the Landing Journal should be published? monthly bi-monthly quarterly other 5. Right now, I think it is published - too often not often enough too irregularly just right other 6. When I get a new issue, I read- all of it some of it none of it just the parts that pertain to my involvement other 7. Any other comments about the Landing Journal? 3E'les-11 1.9 ! za. • August 1 September 4-6 Festival of Flowers & Herbs Labor Fair :ingest 8 September 6 Horse & Carriage Day Wagon Train Departs for Traverse des Sioux August 15 To Sawyer Day August 21 September 23 Volunteer Weeting Folk linsie Festival October 16 August 22 Candlelight Evening Fiddler's Contest gp= til lOrt August 26 October '28 Volunteer 3ieeting Volunteer iieeting August 29 October 31 Old Time County Fair Halloween Party • (reservation only) itarpity's Landing Non-Profit Org. IXaI. liwy 101 US Postnue Nliaknper„;MN 55379 PAID Shakopee, MN • Permit No. 104 • • Dennis R. Kraft City Administrator 129 Snuth Hnimeg Street Shakopee, MN 65379 Index of Enclosures 1. Invitation to a Town Meeting 2. Missions Statement 3. Original Criteria for MVRP by City Council 4. Money spent by Federal, State, County, City 1968-78. 5. Summary letter by R. D. Pistulka, M.D. 1988. 6. Agreement for the Operation of Murphy's Landing by the City in 1989 for five years. 7. Attendance Comparison 1992 to 1993. 8. Summary of Activities. 9. A/P Account - Aging Report 10. Summary of Audit 1988. 11. Summary of Audit 1993 12. MVRP Current Economic Status 13. Fall 1993 Events 14. Summary of Business Plan 15. Summary of First Town Meeting, June 30, 1993 , r HISTORIC MURPHY'S wiliNg %pt. 41 LIVING HISTORY MUSEUM,. -1840-18901.. 2187 EAST HIGHWAY 101 SHAKOPEE, MN 55379 (612) 445-6901 July 13, 1993 xxxx Dear Sir, We would like to thank everyone for their participation in our town meeting on June 30. We at Murphy's Landing greatly appreciate the effort and interest shown in our problems. In spite of poor access to Shakopee due to flooding and construction, twenty seven enthusiastic people attended the meeting. As a result of the town meeting, a list of suggestions and observations was constructed. We would like to invite you to attend a follow up meeting that would look at specific solutions to the suggestions made. We will meet at 7:00 pm on the evening of Thursday, August 5 at the Town Hall on Murphy's Landing. Snacks will be available. Please park in the West Parking Lot. The Town Hall is on the corner of the square just past the Blacksmith Shop. Thank you for your interest in Murphy's Landing. We'll see you August 5. Sincerely, Rolland D. Pistulka, M. D. Gerry Barker Vice President Executive Director Meeting Summary 1 t I i SUMMARY OF GIFTS TO THE hMVRP 1968 Stans Foundation Director-feasibility study 5,000.00 Wilkie Bros.Foundation Director-designated salary 12,000.00 County Tax Levy 1,45325 18,453.85 1969 Starts Foundation Director-general 10,000.00 Wilkie Bros.Foundation Director-designated salary 12,000.00 Rahr Malting Director-general 5,000.00 Sumner McKnight Foundation Director-general 250.00 . Cau ltu s Society Director-general 50.00 County Tax Levy Director-increase 2,421.22 29,72122 1970 Stars Foundation Director-general 10,000.00 Wilkie Bros.Foundation Director-designated salary 12,000.00 Stans Foundation Designated-McFadzean Feasibility Study 7,500.00 Wilde Bros.Foundation Designated-McFadzean Feasibility Study 7,500.00 Starts Foundation Director-general 5,000.00 Minn.State Grant-In-Aid Director-designated Indian Area 5,600.00 County Tax Levy 2,693.79 49,693.79 Paid to Fund Raiser for Feasrbt7ity Study: Jan. 3,000.00 Mar. 3,000.00 Apr. 2,500.00 Jun. 2,500.00 1971 Stans Foundation 5,0001J111 Wilkie Bros Foundation Director-designated salary 17,000.04 . Housing&Urban Dev.Grant Director-designated Berger Farm 4,135.43' Peavey Foundation 2,000.00 Fremont Industries Director-designated Pow Wow Fund 100,00 Earl A. Director-designated Pow Wow Fund 200.00 Ken Dahlberg 1,000.00 Starts Foundation2,500.00 t Sumner T.McKnight Found Director-general 250.00 .. Peavey Foundation 1,000.00 3 M Foundation 5,000.00 Rahr Malting 5,000.00 Shk.Chamber of Comm. Director-designated publicity 300.00 County Tax Levy 3,734.77 47,220.20 • SUMMARY OF GIFTS TO THE MVRP CONTINUED 1972 rTkie 15,000.00 Mitts Foundation salary 10,000.00 WBros.Foundation Director-designated00 Star975. Starts Foundation Director-designated Stans House 97100 Small Gifts Director-designated for artifacts 97160 Belle Plaine Chamber of Conan. Director-designated publicity 600.00 Small Gifts-Multifoods etc. 4 600.00 Peavey Foundation 4,000.00 3 M Foundation 6 5,000.00 Rohr Malting 000 162, Housing&Urban Dev.Grant 500.00 Minn.Matching Grant 10,000.01 219,018.75 County Tax Levy Director/Board 1973 1,275.00 Stuns Foundation Directs r-designated Stans House 'PtakBros.Foundation Director-de10,000.00signated salary 5,750.00 2 Astelford Equipment Co. Director-Material time&money 7 7 ,750.00 Stans Foundation 3,000.0015 Peavey Foundation Designated for McFadzean TappingDirector-designated memorial 285.70 5,000.00 3 M Foundation 100.00 Shakopee Chamber of Comm. Director-designated general general 96.00 Director- Rotary Club5,000.00 Rater Malting 30,000.00 0,0 Ober Foundation 0 .00 County Tax Levy 99,576.15 250,876.74 Housing&Urban Dev. 1974 1,800.00 Stans Foundation Director-designated Starts House Medical Soc.Belle Plaine Dr.R.Miller-designated Belle Plaine Church 923.71Z 923.71 Wtline Foundation Director-designated salary 0 10,000.00 _ Stens Foundation 2,500.00 3 M Foundation 00.00 Anon. Director-general 19,302.13 Housing&'Jzban Dev. 13,62634 County Tax Levy 66,904.68 127,107.06 Housing&Urban Dev. . 4 a • SUMMARY OF GIFTS TO THE MVRP CONTINUED 1975 40,000.00Starts Foundation 26,000.00 Wilkie Bros.Foundation 6,000.00 Chapman Foundation 000.00 Marie Heller Director-designated Tabaca House 500.00 Lakeville City Council Director-designated Tab au House 2,000.00 Lakeville Parking Inc. Director-designated Tabaca House 5,000.00 Catholic Council5,000.00 Sumner McKnight Foundation Director-designated Trumble House ,00000 Peavey Foundation 5 5,000.00 3 M Foundation 100.00 Spiro Agnew 2,500.00 Nordic Ware- Director-designated water,sewer 19,924.28 Minn.Watershed Dist. Director-designated water,sewer Employment Programs Director-CETA,Human Serv.Gov.Youth 23,107 03 141,647.11 .03 County Tax Levy 1976 2.41 Stans Foundation 5 83,22552.41 Wilkie Bros.Foundation 5,000.00 J.Milbank 17,500.00 3 M Foundation 00.00 H.Anderson-Bayport Fou 7 1,5500.01 111, Small Gifts Director-designated 492.88 Employment Programs Director-Ceta,etc. 14,293.44 County Tax Levy 53.40 State Bicentennial Comm. Director-designated 5,3 4,75000 259 46.54 Chapman Foundation 1977 64,071.96 1 , Stans Foundation 07436 Employment Programs Director-Ceta,Win,etc. 4 824.35 Wilkie Bros.Foundation 000 0.0 Small Gifts Director-designated 2 65966 Xerox Company Director-desigrtated Publicity 3849.00 0 islorthland Aluminum) Director Director-designated water,sewer 25,000.00 Minn.Watershed Dist. 17,444.00 ec County Tax Levy Scott County Diror-designated for DNR Grant Match ,735.31 �_ 25,000.00 Kathleen Stuns 117,000.00 476,579.28 . •DN.R. 1978 to date: 25,000.00 Grainger Foundation 500.00 Stans Foundation *Paid directly to Scott County by the D.N.R.for land •urchase COMMENTS ON SUMMARY OF GIFTS 1968 All gifts were director initiated 1969 All gifts were director initiated He 1970 All gifts were director initiated —William McFadzean cF d e nts study weres ed by pthe eoand as a fund raiser.dzea declared his ability aid $15,000 to complete a feasibility study. to raise capital for the project. 1971 All gifts except Peavey Foundation and Ken Dahlberg were director initiated including 3M through a personal contact. MacFadzean contacted Maurice Stens and Rahr Malting in follow up thus reducing the director's contacts for money. 1972 Gifts were all from previous donors. The only repeat donor iniated by the fundraiser was Peavey Foundation. The HUD grant was initated by the director and aided by the fundraiser. 1973 The fundraiser made one new contact (Ober Foundation) and reworked the director's contacts. The director initated four new contacts and McFadzean received $ 3,000 from Peavey direct without the site's use of the money. 1974 No new contacts. The fundraiser felt that the directors should not be involved in raising money. 1975 The Fundraiser contacted the Catholic Council. M.Stans contacted Spiro Agnew and the Chapman Foundation. The director made several new contacts to match the HUD grant. 1976 McFadzean made 2 new contacts,through M.Stans. The director made 5 new contacts. 1977 No new contacts made by McFadzean. The director made three new contacts and kept contact with previous new accounts. 1978 McFadzean was discharged. The director's salary for the year was used to buy off his contract. M.Stans iniated the Grainger gift. The director reworked the previous contacts. 1979 The director recontacted the donors with a follow up. New fundraiser was engaged for$25,000 per year by the board. Several new contacts were made netting approximately $ 15,000 of new money. The director contacted previous donors the first part of year and donated $8,416 of her salary to meet the crunch of the grant finishing needs. A net payment of$ 8,056 was attained by allied business activity — reconstructionand consulting work off site by the assistant directors. 1980 The director iniated a fundraising effort with small gift givers generating approximately $ 32,000. The assistant director donated $ 2,000 of salary to match the Peavey grant. The fundraiser recontacted some previous donors and made 15 new contacts generating approximately $ 37,000 in new funds. NEXT YEAR'S ALLIED BUSINESSES AS ALREADY LINED UP Rentals of Apartments 26,280 Printing- brochure already completed on grant payment of 4,000 gain 1,875. Brochure valued at $5,000. Consulting 1,595 DNR 3,500 Apache Oil 3,500 Padilla 4,000 Belle Plaine Church Scott County Historical Society November 23, 1988 Dennis Kraft, Acting City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft: After the meeting of October 7, 1988 held at the restaurant in Murphy's Landing with members of the council, MVRP and SCHS, it was decided that Loren Gross and I would attend a MVRP Board Meeting as guests. Co. November 16, 1988, Mr. Gross and I attended a MVRP regular Board Meeting as guests and participants. After much discussion, the following points were noted: 1. Attendance has risen each year from 15, 101 in 1981 to 43,267 in 1988. 2. Income barely covers expenses without taking out loans. 3. Paid employees which are minimum in number are doing a superior job of what they are expected to do but have no basic fringe benefits, such as health insurance. 4. Increased donations and grants must be explored and sought now. 5. Board is doing management, not governing. 6. Present director is working at maximum that is physically and mentally possible, such as doing the entire accounting system, marketing, public relations, program, managing the site, coordinating the volunteers, responsible for getting donations and writing grants and taking care of personnel. 7. This site has become a one-half million dollar operation which is trying to continue in a proper mode with a few people trying to do everything. 8. Cash is a premium. 9. No long-term contract committment. 10. Scott County Historical Society and MVRP are a non-supportive mode. Must work together as a solid force. 11. MVRP must continue its mission of historical preservation and education. The comprehensive plan of Murphy's Landing must be a guide. 12. MVRP is more than a local communicty project but is regional, state and national in scope. 13. Strong local support from individuals, City of Shakopee and County of Scott is needed to obtain the area wide support that is so vitally needed. Box 354 • Shakopee, MN 55379 `� Dennis Kraft Page 2 November 23, 1988 The MVRP Board has asked Mr. Loren Gross and me to join them. The Scott County Historical Society, with much discussion, agrees that the two organizations must present themselves as a strong unified force. It has been decided by the Scott County Historical Society Board that Mr. Loren Gross and I would be allowed to join the MVRP Board to give the solid joint effort that is needed to enhance the further development of the MVRP into the 21st Century under the following conditions. 1. Need a long-range operating contract from the City of Shakopee for 5 years. This denotes stability and is needed for any financial donations and grants that are so desperately needed. 2. Need City of Shakopee financial support of at least $50,000 per year for at least 3 years, preferably 5 years. This would allow the MVRP to obtain the full-time experienced museum director, the secretarial and accounting support staff that is needed for the site to move forward. This also shows strong local financial support. 3. The independent financial audit be done that has been promised by the city, at city expense. 4. The inventory of the artifacts should be arranged for and in process as promised by the city. 5. A search must be started for the hiring of a formally trained and ex- perienced museum director immediately. 6. The board must assume policy making duties and delegating management to staff. The above conditions are needed to show the region that the local people and organizations are strongly supportive of this operation. Without it, no dona- tions or grants will be forthcoming. How will the City of Shakopee benefit? 1. A beautiful opportunity to educate the public to the historical culture of our forefathers of this area. 2. These same people that enjoy the site use the restaurants, motels, shops and service stations. 3. It adds to the beautification of the city, enhances already what the city has so admirably started and hope it will continue. 4. It will attract more people to the downtown area for the benefit of the tax paying merchants. 5. It will enhance the marketing of the area. 6. It will reveal the progressiveness of the cities planning into the 21st Century. If the above conditions are accepted, we will be happy to become members of the MVRP Board and become actively involved in obtaining the museum director and the supportive staff and accounting system that are so desperately needed. We must work together as a team, with a unified goal, not as independent indi- viduals groping around in the dark. Dennis Kraft Page 3 November 23, 1988 We will be waiting for your reply and will be available for any further discussions. Ws encourage immediate attention be given this matter, for us to implement the program as of January 1, 1989. Thank you for your time and your future support. Sincerely, R. D. Pistulka, M.D. President, Scott County Historical Society cc: Mary Henderson, Director MVRP John M. Manahan, Vice President MVRP Loren Gross, Director SCHS 3 • The Scott County Historical Society (SCHS) acknowledges receipt of the above Agreement and by its signature indicates its approval R t e agreement and its stated purposes this y4' day of ( �'PA , 1989 . SCOTT COUNTY HISTORICAL SOCIETY (SCHS) ' _ By /t c,/��:.�;, �� . ;'esident By �R ..r. . ' •0fr�. . • S= r=1 ary ' • STATE OF MINNESOTA) ss COUNTY OF SCOTT ) The foregoing was acknowledged before me this I-ft-4\ day of , 1989 , by Rolland j)iStRIKand 3 _ccisklkn� avl.Jr'1 th President and Secretary respectively, of the Scott County Historical Society (SCHS) , a corporation under the Laws of the State of Minnesota, on behalf of SCHS. J . .<"L-e/If&L/L/ .,-A0171'-'(/141_/1A. BRENDA C. •O t t ` A HENNEPIN COI;:•!" • • My Commission Expire:.M.c, • -4- °A/714fr'r EXHIBIT A j1 C O GEORGE M. HANSEN COMPANY, P.A. C� \/' A Professional Corporation of Certified Public Accountants Jruary 12, 1989 • City Council Shakopee, Minnesota Dear Council Members: Na have recently completed our audit of the financial statements (cash basis) of ii.nnesota Valley Restoration Project, Inc. (Murphy's Landing) for the year ended x bruary 29 , 1988 and the six months ended August 31 , 1988 and have issued our Pport thereon dated January 11 , 1989. During the course of our audit, we noted certain conditions related to the accounting organization and procedures and other matters which we are bringing to your attention in this letter. Accounting Organization and Procedures At present, all transactions are manually recorde , classified and ed and summacontrized cinto a reporting format. The procedures used are adequate >saceipts and disbursements , but are deficient in the following areas when ' considered from a management point of view: 1 . Except for the recording of receipts and disbursements and reconciliation of the bank account, all accounting routines are performed by the Director. The result is that either the time available to the Director for management and promotional activities is reduced or she is required to work additional hours , resulting in a reduction in the Director's effectiveness. 2. The present system is inadequate as a management tool in the planning, operation and control of the organization. Although revenue is generally recorded and reported by function, expenses are recorded by object only with no provision for a functional breakdown. As a result, management does not have the information necessary to measure the financial performance of the various programs or functions and to budget future operations. We believe it is essential to relieve the Director of the accounting routines she is presently performing in the interest of increased management effectiveness and internal control. Because of the diversity of the Corporation's activities, it is essential that revenue and expenses be recorded under, or allocated to, the proper function. /0 1433 UTICA AVENUE SOUTH, SUITE 175 MINNEAPOLIS, MINNESOTA 5541 6 612/546-2566 • • City Council Shakopee, Minnesota January 12, 1989 • Page 2I. ..4, To accomplish these objectives , we recommend that: • • 1 . A person with the proper training and experience be hired to perform/manage the accounting function. Since the position is not full—time, at least during parts of the year, perhaps it could be combined with the "business manager" or "operations manager" position which we understand has been identified as a need. 2. A properly designed accounting system be established providing routines and forms for reporting transactions and a chart of accounts for recording them. Computerization is an option that should be explored as this would facilitate the processing and reporting of information in the required detail as well as in a timely manner. However, we would recommend that this step follow the hiring of the person to be responsible for accounting. This would allow him/her to participate in the computer selection process and provide him/her with an incentive to make it work. Accounting Records and Financial Reportin7 The accounting records and financial reports should be converted from the cash basis to the accrual basis of accounting. Under this basis, revenue is recognized when it is earned rather than when received and expenses are recognized when they are incurred rather than when paid. The effect of the change on operations would probably be minimal because of the nature of the operations, but the effect on financial position would be significant since property and equipment would be included in the financial statements as well as loan obligations and other liabilities. Including property and equipment in the financial statements would necessarily require establishing detail records of these items. This should be done in any case for management and internal control purposes. The records should include, for each item, the description, location, date of acquisition, purchase cost or appraised value if donated. The records should distinguish between property and equipment used in operations and historical treasures. This is important because Statements of Financial Accounting Standards (SPAS) Nos. 93 and 99 require that, for fiscal years beginning on or after January 1 , 1990 , non—profit organizations depreciate long—lived tangible assets. Historical treasures , defined in SFAS 93 below, are exempt from this requirement. "---- (an) historical treasure shall be deemed to have that characteristic only if verifiable evidence exists demonstrating that (a) the asset individually has cultural, aesthetic, or historical value that is worth preserving perpetually and (b) the holder has the technological and financial ability to protect and preserve essentially undiminished the service potential of the asset and is doing that." C .may Council Shakopee, Minnesota January 12, 1989 1 ' Page 3 • ki a f od adags s Tnc ome :A a non—profit organization, Murphy's Landing is exempt from income taxes on net income from its exempt—function activities. However, non—profit organizations may ba subject to income tax on income from unrelated business income (UBI) . UBI is defined in the tax regulations, and, in the case of Murphy's Landing might include up. , income from the gift shop and general store as well as from commissions on f:estaurant and boat operations, photo—shoot income, etc. Our audit procedures did not include researching this matter sufficiently to enable us to advise you as to tie extent of the UBI tax liability, but we feel it is a matter that should be guvestigated to determine what the liability may be and what steps the Corporation should take. * * * * * * * . Ie would be pleased to discuss the above matters with you and offer any assistance you may require. At this time, we would like to €acknowledge the courtesy and eJ operation extended to us during the course of our audit. •Very truly yours, GEORGE M. HANSEN COMPANY, P.A. o. Richard 0. Ellsworth WE:iac 3E111=La . x.993 3MvzM.ts August I September 4-6 Festival of Flowers & Herbs Labor Fair August 8 September 6 Horse & Carriage Day Wagon Train Departs for August 15 Traverse des Sioux Toni Sawyer Day August 21 September 23 Folk Music Festival Volunteer Meeting August 22 October 16 Fiddler's Contest Candlelight Evening August 26 6pm til 10pm Volunteer Meeting October 28 Volunteer Meeting August 29 October 31 Old Time County Fair • Halloween Party (reservation only) 1lnrpin'S Landing Non-Profit Org. `LI fiJ I;. (1ts 101 US f'ost;,ge Shakopee,11 N WO • PAID Shakopee, MN Permit No. 104 • HI-TORIC MllR?ll1'SIJLNIIINII 4A LIVING HISTORY MUSEUM. -e184O.189O 2187 EAST HIGHWAY 101 SHAKOPEE, MN 55379 (612) 445-6901 July 12, 1993 Meeting Summary Open Meeting Held June 30, 1993 at Murphy's Landing Introduction: John Manahan, President History of Murphy's Landing: Rolland Pistulka, M.D., Vice President Current Situation: Gerry Barker, Executive Director Brainstorming Session: Carmin Gugin, Facilitator The following is an abbreviated list of the suggestions that were generated at the meeting: Marketing Approach the Twin Cities Ad Council for assistance in Marketing Promote membership Attract a marketing specialist Market the Restaurant as a Destination Make a good video that could be available to television stations Use the Office of Tourism Need newer, more attractive brochures and other printed material Partnerships/cosponsorships with media: Family Times WLTE etc. Get Message of Murphy's Landing to Minnesotans Slide show available to speakers bureau Invite local club picnics . Invite local civic organizations to hold an introductory meeting at the Landing Get testimonials from people who have been here Conduct a good marketing survey Grants and Financial Assistance Large corporations have shifted focus to Social Services, social problems, etc. Approach Real Estate Industry Organization Have representatives of the various communities in the Valley on the Board of Trustees Use the Valley as a resource-- encourage local communities, clubs, focus groups to sponsor or be involved in specific activities or structures Recruit volunteers Program Development Committee Physical Plant Remove grey fence Improve signage Repair and restore buildings and grounds Programs Joint venture for outreach programs with Scott and Carver Counties Community Education Offices Develop motor coach tours specifically for senior citizens Interpret the Dakota experience Develop as program for staff development days for schools IC?dI1i�o 1 ROM u Livirtni:i:iTLe�'�7111.15E UM* 2187 £ST HiG'i•NAY 101 3HAKOPEE, MN 53379 (S 1 2) 445-6901 July 13, 1993 If.1.:•.T Marty 129 South Holm-.s Street 7/1 Shakopee M`+ 55379 Dear M . Marty: On Jule 20, a town meeting was held at Murphy's Landing to d:s_Uss ways of generating community support for the Landing. The Meeting V a9 very successful, producing a number of new ideas and some positive offers of support. We at Murphy's Landing greatly appreciate the effort and interest shown in our pr.:Meal:, In spite of poor access to Shakopee due to flooding am! construction, twenty be en enthusiastic people attended the meeting. As a of the town meeting, a list of suggestions and observations was constructed. We would like to invite you to and a follow-up meting that would loci; az specific solutions to the suggestions made. The meeting will be at at 7:00 pm on the evening efavailable�., August 5 at the P ease park in the Town Hall on Murphy's Landing. Snacks West Pay king Lot. The Town Hall is on the corner of the`sq ar just pWg. e ast the 11 see you Blacksmith Shop. Thank you for your interest in Murphy's Ai gu:; J. Sincerely, ry ' olland D. 'istulka, M. D. 6 Exec .s e `'icer,"�oaii2n'i Nice:Lig Summary - " . MISSION STATEMENTIGOALS FOR THE MINNESOTA VALLEY RESTORATION PROJECT, INC. I. Restoration and preservation of records, artifacts, and historic buildings of the Minnesota River Valley located at Historic Murphy's Landing. II. Provide a research program that would support the interpretive theme of Murphy's Landing for both internal requirements and students of the history of the Minnesota River Valley. III. Promote quality educational programs and historic interpretation depicting life by the early settlers of the Valley from 1840-1890. IV. Continue to develop and operate under a long range master plan consistent with the original concept; with amendments only upon sound approval by a certified historical consultant(s). V. To be fiscally responsible and to strive to become financially independent through programs, exhibitions, and activities that do not compromise the historical integrity of the interpretation of Historic Murphy's Landing. Reviewed and approved by a committee of the Board of Trustees of the Minnesota Valley Restoration Project, Inc. on June 17, 1992. MllIll!IIY'S himm gumsYaary of Susiaess plea June 15, 1993 A. Immediate Goals (1 - 2 year) 1. Reorganize Board of Trustees a. Find new members b. Establish functioning committees 2. Fund raisers 3. Short range grants 4. Improve program 5. Establish an internship program 6. Repair and maintain historic buildings 7. Develop local support and community participation 8. Increase membership 9. Increase attendance 10. Find a Director of Development 11. Pay off all debts B. Intermediate Goals (2 - 5 years) 1. Conduct a major fund drive 2. Establish an endowment fund 3. Seek substantial grants 4. Find major foundation support 5. Develop an effective marketing program 6. Political Support 7. Improve amenities on the site (wells, rest rooms, benches) 8. Hire a Marketing and Advertising Director 9. Achieve local and regional recognition as a major historic site C. Long Range (over 5 years) 1. Increase endowment fund 2. Financial self-sufficiency 3. Educational Resource Center 4. Enlarge site 5. Established as a national leader in the field of educational uses of living history. Mll1ll!IIY'S LAN1IINO Ourreat Econoaszic Status A. Financial Situation 1. Assets: Physical assets estimated at $2.5 million Cash on hand $20,000 2. Liabilities Payable $79,000 Loans $23,500 B. Business Operations 1. Annual Income 1991 1992 Admissions $159,300 $204,484 Memberships 9,509 5,803 Sales 43,304 39,867 Grants 63,863 40,606 Business Operations 52,231 63,741 Rental properties 42,808 40,187 Other 15,440 56,700 Total $386,455 $451,388 2. Annual Expenses 1991 1992 Personnel Costs $214,531 $253,810 Maintenance of the site 45,928 28,666 Utilities 23,311 31,600 Advertising 6,983 19,300 Administration 14,752 11,000 Other 110,353 127,051 Total $415,858 $471,427 C. Attendance 1991: 41,985 $174,643 1992: 45,164 $204,144 D. Marketing Currently the site markets to the tourist trade and schools within the region. There is $20,000 budgeted for marketing in 1993,we spent about the same in 1992 which is up from $6,983 in 1991. Conventional wisdom within the field of public history would indicate that we should be spending approximately $80,000. We have been reasonably successful at attracting free publicity. E. Problems 1. Murphy's Landing has never shown a profit. In 1992, we have increased revenue and decreased expenses, still we are left with a massive problem in making this business work. The mix of income is the major part of the problem, we currently show more than 50% of our income is admissions or admissions related monies. This should be in the area of 25 to 30%. There is no endowment or any cash reserves. 2. Plumbing is out of date and in bad repair. Will cost an estimated $24,000 to bring it to code. 3. Membership is low for a historical organization in a major metropolitan area. 4. Parking continues to be a major headache. 5. Need a restructuring of creature comforts, we could not take a major increase in admissions at this time. 6. Admissions should be much higher for a site of this quality in an areas such this. 7 Community participation and sense of ownership of the site is low. 8. A number of the historic buildings are in need of major repairs. 9. Need additional volunteers. F. Grants 1. Requested 13 Grants for a total of $195,900 2. Achieved 4 Grants for a total of$44,000 3. Pending 2 Grants for $148,000 1. 0 0 n SONS `A! or • AGREEMENT FOR THE OPERATION AND MANAGEMENT OF MURPHY'S LANDING WHEREAS, the City of Shakopee, a corporate body politic organized under the laws of the State of Minnesota and herein referred to as The City, owns and controls certain property located with the City of Shakopee and which is commonly known and referred to as "Murphy's Landing" ; and WHEREAS , the City of Shakopee desires to enter into an agreement for the operation and management of Murphy's Landing as herein provided for a five (5) year period beginning January 1, 1989 ; and WHEREAS, the Minnesota Vally Restoration Project, Inc. hereinafter referred to as MVRP, is a corporation organized under the laws of the State of Minnesota with its office in Shakopee, Minnesota, and which has been managing Murphy's Landing for several years including the past year; and WHEREAS , the Scott County Historical Society, a branch of the Minnesota State Historical Society and herein after referred to as SCHS has operated in the County of Scott for many years and has operated Murphy's Landing site for a ' period of a few years; and WHEREAS , MVRP desires to continue the operation and management of Murphy's Landing for the coming five years; and WHEREAS , both parties hereto desire to enter into this Agreement setting forth terms and conditions of the operation and management of Murphy's Landing by MVRP as herein provided and later amended by mutual written consent of the parties hereto. NOW, THEREFORE, IT IS AGREED by and between The City and • MVRP as follows: That as and from January 1, 1989 the City hereby contracts and engages MVRP to manage and operate Murphy's Landing as follows: 1. That during the period covered by this agreement MVRP shall make no major changes in the operation of Murphy's Landing except as herein provided nor commit the enterprise to significant capital or other contractual obligations without first receiving the written authorization of The City. 2 . The Board of MVRP will , as soon as possible, assume policy making decisions and endeavor to generate grants and donations to MVRP and will delegate the management to a staff that MVRP will assemble and engage as prudent judgment requires. 3 . The Board will immediately institute a search for and retain the services of a qualified museum professional who also has valid experience relating to the business aspects of an operation such as Murphy's Landing. 4 . The MVRP will complete a full and detailed inventory of the improvements and structures now on the Murphy's Landing site and will also complete a detailed inventory of and location of all artifacts and personal property and include, for each item, the description, date of acquisition (when available) , the purchase cost or appraised value, if donated, and such inventory will distinguish between property and equipment used in the operation of Murphy's Landing and property that would fall within the category of historical treasures and artifacts. See pagee•ttwo of Richard 0. Ellsworth, of the George M. Hansen Company, , managerial letter of January 12 , 1989 addressed to the City Council, attached hereto as Exhibit A. 5. MVRP shall report to the City Administrator on at least a monthly basis relative to the on-going operation of Murphy's Landing including a monthly operating statement. 6 . MVRP shall obtain liability insurance as well as comprehensive insurance on the structures, contents and artifacts at Murphy's Landing, naming both The City and MVRP as insureds under the terms of such policies. The policies shall be in the amounts and forms as mutually agreed upon between The City and MVRP and will require a minimum of a ten-day written notice of cancellation or termination of the policies, and MVRP and The City shall be furnished with current copies of all insurance policies and any subsequent changes therein. 7 . The City shall be notified of all meetings of the Board of Directors of MVRP and both parties agree that a member of the City Council will be an active voting member of the MVRP Board of Directors. _. . 8 . The MVRP shall invite and request SCHS to name two members of its Board to the Board of the MVRP and such membership shall continue during the life of this Agreement and membership shall be replaced as and when required. 9 . The City and MVRP will arrange for an annual independent audit to be financed at the expense of MVRP. 10 . The City will cooperate with MVRP in endeavoring to ensure the sound operation of Murphy's Landing. 11. The SCHS , while not a party hereto, does hereby sign this agreement as an indication of its approval and its willingness to cooperate with the parties hereto without affecting its own operations. • 12 . Both parties hereto agree to enter into and execute any further documents and agreements necessary or convenient to effectuate the terms and conditions of this Agreement. -2- 13 . This Agreement shall be governed by the laws of the State of Minnesota. This Agreement executed as of this , / day of g„,,,J) , 1989 by The City and MVRP. THE CITY OF SHAKOPEE MINNESOTA VAT.T.r.Y RESTORATION (The City) PROJECT, )NC. (MVR' By 474—:--6,-,4.-4-e ., j. u Q -i BY 4, . /W.i fit! . 11. Mayor Prry e �W • ! By /Y.� k.wet; , %� BY. " �' // .f i Av.... / "" / . Acting City Admi i trator Secretary Treasurer By l /L1 1 e) CiE Clerk , State of Minnesota) ss County of Scott ) The foregoing was acknowledged before me this ,‘ day of Th g g , 1989 by Dolores M. Lebens, Dennis R. Kraft and Judith , '- e Mayor, Acting City Administrator and City Clerk respectively, of the City of Shakopee, a municipal corporation under the Laws of the State of Minnesota, on behalf of the City of S : - i J Cosies A Fkriuxier Koarr Ribio4Arnnoea � � � � , ttiernwrCantr c ►�,Comm.Exp2 42 State of Minnesota) ss County of Scott ) The. oregoing was acknowledged before me thisday of If zd, L 1989 by MA\?a�•r,t c ..YC...,hAett,sv, and C6e.ti2,...\1:.•r,a c. ie\SBY•t t. e. President and Secretary-Treasurer of the Minnesota Valley Restoration Project, Inc. (MVRP) , a corporation under the Laws of the State of Minnesota, on behalf of MVRP. ' 1.7,6/ 7//I '&4(-fr---% • •!1&, �QAAET M.KI.sal WARY 111/131.1C-PINE= ,: sum COUNTY •'^..-.' Fry Comm EzDrra pet a 1!32 -3- Law Offices of KRASS, MEYER & WALSTEN lmr Chartered Suite 300 - Phillip R. Kress P.ra.p.ls Marschall Road Business Center Susan M.Bron 327 South Marschall Road Barry K. Meyer Susan Trevor R. Walston e.rD.n�.M►d$trom P.O. Box 216 Shakopee, Minnesota 55379 (612)445-5080 . • August 7, 1984 • Ms. Margaret McFarland 10280 County Road 18 Eden Prairie, MN 55343 Dear Ms. McFarland: I have researched the ownership of the Murphy's Landing property, and the following is a summary of what I found. In a Deed dated February 3, 1969, the City of Shakopee conveyed the Murphy's Landing property to the Scott County Historical Society, Inc. This conveyance was subject to nine limitations. First, the site was to be used for a Historical Society Park and Museum at the sole expense of the Historical Society. Second, the Historical Society agreed to keep the property free of any and all liens. T ird- the Historical Society agreed to hold the City free and harmless from any and all claims arising out of the use and development of the site. _Fourth, the Society must maintain a minimum, active, paid-up membership roster of 100 Scott County residents. Fifth the Society must file annual financial statements with .the City. Sixth, the Society must hold at least two meetings per year and annually elect officers and file names of officers with the City. Seventh, the City reserves the right to negotiate with the state for location of bridge, highway, and interchange. _IA.11111L, that if the Society fails to attract anticipated financial support or fails to comply with any conditions, the site, with all improvements, shall revert to Shakopee. Finally, the Historical Society waives any claims it may have regarding sewage disposal operations. �nnesota Valley Restoration Protect is not in the chain of title. There are copies of Deeds from the Historical Society to the Minnesota Valley Restoration Project, Inc. , in our files; but these Deeds were clearly never filed with the Recorder's Office and possibly never even signed. It appears that the Historical Society and MVRP had officers in common, including Ronald Weiler and F. Weiland. There are also two Leases in the chain of title, dated June 1972, between Scott County and the Historical Society. The Scott County Historical Society currently owns the property. 7 Ms. Margaret McFarland Page 2 August 7, 1984 If you would like any more information, please contact me. Thank you. Yours very truly, KRASS, MEYER & WALSTEN CHARTERED P'<ii\-CLQ1� Rochelle M. Anderson RMAo dk File. No. 1-1513 MISSION STATEMENT/GOALS FOR THE MINNESOTA VALLEY RESTORATION PROJECT, INC. X. Restoration and preservation of records, artifacts, and historic buildings of the Minnesota River Valley located at Historic Murphy's Landing. sn. Provide a research program that would support the interpretive theme of Murphy's Landing for both internal ?equirements and students of the history of the Minnesota River Valley. III. Promote quality educational programs and historic interpretation depicting life by the early settlers of the Valley from 1840-1890. XV. Continue to develop and operate under a long range :,:easter plan consistent with the original concept; with amendments only upon sound approval by a certified historical consultant(s). V. To be fiscally responsible and to strive to become financially independent through programs, exhibitions, and activities that do not compromise the historical integrity of the interpretation of Historic Murphy's Landing. Reviewed and approved by a committee of the Board of Trustees of the Minnesota Valley Restoration Project, Inc. on June 17, 1992. Summary of Events at Minnesota Valley Restoration Project This summary is to bring all events past, present and future status of Murphy's Landing. ng Murphy's Landing began with a thought by atu'on of our European ancestors intogaret MacFarland in 166. A ithe Museum to preserve the important history of imm gr Minnesota River Valley from 1840 to 1890 The bring life er�o a ne fiery dull subject aoal was always s looked ucation. Education in a unique, non classroom setting upon by a student. The education was designed for both the young student and the adult no matter what the age. Society (SCHS) In 1967 discussion started to activate a ScottCounty he SCHS waslincorporated and in 1968 order to study and implement this idea. Then in 1968. The officers of the originalrecorded with the State of Minnesota on February 13, board if trustees were Vernon Lang, Ron Weiler, Isla Lindamejer, Claude Kolb and Lucille Schwartz. 501c3 tax exempt status was obtained in August 1968. The present MVRP land site, which was the city dum , was 1a69eeded e by the city of r Shakopee to the Scott County Historical society on February 1. The site was to be used for a Historical Society park the museum free of any and all lie se Historical Society. 2. Historical Society agreed to keep property all • 3. The historical society agreed to hold the city free and The ShCHSs fromust any a minimum claims arising out of the use and development of the site. 4. CHS must active, paid up membership roster of 100 Scott Coahold at least ents. 5. TheSwo meeting peri annual financial statement with the city. 6. The SCHS mus s year and annually elect officers and file namef of briders with the e, highway city. 7. The city and interchange. 8. the the right to negotiate with the state for locationg SCHS fails to comply with any conditions, the site with all improvements ding encs shall disposal to the City of Shakopee. 9. SCHS waive any claim it may haveSree attached gopy "Summary of eoperation. The summary of gifts can be reviewed by you. Gifts to the MVRP", #4). Starting in 1968 feasibility studies supported by Stan Foundation andre rifor salary ry As supported by the Wilkie Found tion t donation weretal re receivedmachine. fromath Savage, MN) foundations. At the you can see the early and larges of request of the two donating foundations a fund raiser was hired ean yo reise the namethe necessary funds, illiam McFadzean in 1970. Because of the inability of Mr. ta he suggested a separate organizations be formed to facilitate lish thisendeavor. request. Ron WieilereD.D . Valley Restoration Project was formed in 1973, accom P Rockwell and F.A. Weiland were the first officers. Fund raising by William McFadzean was still unsuccessful suc was Walter he eg was ba sed n arged in 1978. In 1979 a new fund raiser was engaged. His nameasProminent Mr. John Lynch. m Washington, D.C. He came to Minneapolis 1 s Frank,Hefflefinger and Lester /L5411'named individuals such as Fred Corrigan, Frank Barth Malkerson were added to the board. The new fund raiser of the new prlommi ovejlti failed to raise the necessary funds. Margaret MacFarlane philosophical differences with the Board , short term directors,fi financially a ly and in0 leadership bst, Gary Eastland and John Lynch were then engaged. Many problems 1 and management arose. In 1985 Marg Henderson who was president of the Board of the MVRP became its director; until Nov 1991 when she retired. During this time, after much discussion and controversy over management between the SCHS and MVRP board, the City of Shakopee reclaimed the ownership and control on January 1, 1989. A management agreement was signed by both the MVRP and SCHS that the present management would continue with two members of the SCHS Board as voting members of the MVRP. This was signed March 21, 1989. The following conditions were (a) 5 year contract expiring •Q;10 1994 (b) no major changes in the operation of Murphy's Landing without first gett _ tte authorization from the city(c) Immediately start a search for a qualified museum professional (d) Complete inventory of artifacts. (e) Shall report once a month to the city administration on the going operation of MVRP (f) MVRP shall obtain liability insurance and comprehensive insurance on the structure, content and artifacts at MVRP naming both the city and MVRP as insured. (g) Member of city council be active voting member on the Board. (h) shall have 2 voting member from the SCHS Board. (i) annual independent audit to • be financed by the MVRP in endeavoring to ensure the sound operation of Murphy's Landing. (j) City of Shakopee will cooperate with MVRP in endeavoring to ensure the sound operation of Murphy's Landing. In March 1992 after a National Search was done. Mr. Gerry Barker was employed as Director of MVRP. The same problems that plagued the early history of MVRP still are present today. See letter to Mr. Dennis Kraft dated November 23, 1988 (#5). Total money given from 1968 thru 1978 is $1,645,204.54. Largest contributions during this time, p Federal grants $504, 832; State $105,000; County of Scott $95,047.63; City of Shakopee $0. Minn water shed District $44,924; DNR $117,000; Stan Foundation $292,437.00; Wilkie Brothers Foundations $119,680; the remainder were from other private donations as you can see from the attached "Summary of Gifts to the MVRP" (#4). total over all Scott County contribution to date is a proximately $447,000.00; Stans Foundation approximate total is $900,000.00; City of Shakopee approximate total is $100,000.00. This is an 88 acre site of which I/2 is in flood e.'0-r-i-The site is 48 houses are the many Indian mounds (buildings) ranging from the time of 1840 to 1890. Also present dating back to 1800 B.C. All of this together makes a very unique site. A master plan was formulated in 1971 by Scruggs and Hammond, Inc. It was revised in 1976. This is still adequate today and is followed; the goal of this site is education and interpretation of history using the living history techniques. This is being done well. The problems today are the same today as they were in the past. Large site, many • buildings, inadequate financial support and not enough staff to carry out the function of management of the business and the activities of the site. Critiques of the site done in 1985 pointed this out very clearly. In the past, because of lack personnel and of funds MVRP tried to find a director that had all the qualifications so as to reduce the required staff. With the staff that we can now afford it is impossible to operate this site in a functional manner. Murphy's Landing is a large site that has attempted to be run like a small one. It does not work. Since March of 1992, our present Director, Gerry Barker, a specialist in living history, is on board, he is program oriented, has a strong educational background, grant writing experience, has public relations capabilities, but because of lack of time and personnel, his administrative capabilities have been hindered. 2 The present administrative staff has been reduced to four people from seven in order to economize. These are the Director, Assistant Director, a Curator and a Secretary. This is without a bookkeeper of any sort, these responsibilities are being farmed out to Friend and Furrie. Maintenance is currently three paid staff. Volunteer help has absorbed the reductions in this department. The interpretive staff varies from thirteen on weekdays to seventeen on weekends. We also normally employ from one to three ticket office persons on any given day. These are all paid positions, but pay is lower than comparable sites and there are no benefits offered. There are presently about 200 active volunteers. These people supplement the paid staff and on weekends may make up more than half the staff of the site. A number of events are entirely manned by volunteers. The membership at the Landing is currently 300 people. Presently there are nine Members of the Board of Trustees. There should be fifteen members on this board. In the past year Murphy's Landing has sought thirteen grants. This is a time consuming process, it is estimated that it takes three months to a year to develop a grant. See item#12. Current activities at Murphy's Landing are as follows: 1. Education through living history techniques. 2. School and bus tours. 3. Immersion weekends. 4. Heritage Dinners. 5. Preservation and teaching of historic crafts. 6. Internships. 7. Construction of a sod farmstead. 8. Restoration of rolling stock. 9. Weddings. 10. Photo shoots. 11. Corporate picnics. 12. Restaurant. 13. Weekend activities (#13). 14. Preservation and study of endangered species. 15. History camps grades K through 6. Problems at Murphy's Landing have been consistent throughout its existence. In 1993 these have been exacerbated by the floods and their effect on admissions. These problems may be summarized as follows: 1. Expenses exceed income 2. Admission revenues cannot support the site alone 3. Inadequate local support 4. No large foundation support 5. No large grants 6. $80,000 debt of which $35,000 is Federal withholding taxes 3 Viljd\C 7. Inadequate plumbing a sewer system with an estimated cost of$26,000 to repair the lift station. Presently this stat' n is being pumped at a cost of$95 per day. 8. Electrical transformers not up to code 9. Need of an Office Manager Grant writing has been difficult because we cannot point to adequate local support. Museum is run too much like a for profit organization. The Landing has operated to a deficit every year. ,�Q Z 5 bid Short term needs: Immediate cash to cover the $80,000 debt, $26,000 sewer repair, electrical transformer and services of an Office Business Manager Long e 25% of income from continuous local support 50% income from Grants and Foundation support - 25% income from Admissions - U�bbi0- aAvow* Present activities to provide for these needs include: 1. Contacting local corporations to recruit support (includes Mdwaketon Community). 2. Conducting town meetings with leaders of surrounding communities to generate local support. 3. Forming committees that will address specific issues such as: Membership, Volunteers, Program Development /Foundation Support, Marketing/Advertising and PR, Fund Raising, Grant Writing, Local Service Organizations Support, New and more active Board Members 4. Increasing marketing activity: Approaching school districts, advertising to tour groups and tourist industry, working with the Office of Tourism on out of State and overseas advertising. Options available today are as follows: 1. Business as before. 2. Close the site September 15, 1993. 3. New Management. 4. Financial support of the present management to allow present ideas to take effect. Suggested ways that the City of Shakopee could help: 1. Give an outright grant of$80 to 100,000. 2. Give access to low interest loans. ro 3. Fund a position for highly needed skills such as an office manager, program development person, or marketing/advertising person. 4. Fund the repair, maintenance and up-grade of the sewage system. 5. Fund the garbage and trash pick-up. 6. Fund the salary for an additional maintenance person. 7. Fund the annual audit. 8. Fund the utility bills. 9. Fund a yearly grant to provide economic stability, $30,000 to $50,000 per year. 4 10. Fund the premium on the required liability and comprehensive insurance on structures, contents and artifacts. 11. Fund the insurance premiums for the health insurance for the staff. My recommendation would be option number 4 because Murphy's Landing is unique. It has the potential for being an outstanding site. It needs the appropriate business or office management person, program development committee, adequate local support, marketing and advertising and money for adequate maintenance of the valuable old buildings, and to expand the Educational programs and fund raising for long range survival. Approximately 2 million dollars have been spent on the site since its inception. It would be a pity and great loss if the Landing were allowed to close. In 1988 In my letter(#5) I listed six benefits to the City of Shakopee. I feel these are as valid today as when I wrote them. These are: 1. A beautiful opportunity to educate the public to the historical culture of our forefathers of this area. 2. These same people that enjoy the site use the restaurants, motels shops and service stations. 3. It adds to the beautification of the city, enhances already what the city has so admirably started and hope it will continue. 4. It will attract more people to the downtown area for the benefit of the tax paying merchants. 5. It will enhance the marketing of the area. 6. It will reveal the progressiveness of the city's planning into the 21st century. Thank you for your time olland D. Pistu a, M.D. Vice President Enclosures: " See Index 5 6. Pond Grist Mill -- working on Cargill Foundation • 7. Dakota village -- writing 8. Pioneer exhibit -- Awarded $1,900 9. IMS GOA Grant -- in, $78,000 notification in August 10. Minigrants: a. IDS -- $300.00. b. SuperAmerica • c. Walmart d. Holiday Stores e. McDonalds B. Marketing • 1. We will manage the living history portion of the Minnesota Heritage Festival again in 1994. 2. Mickey Mouse Club segment aired June 21. 3. Working with Radio Ahhs to host a broadcast from Murphy's Landing. 4. Now have 19 weddings scheduled compared to 9 in 1992. � �J ,/5. Exporting exhibits to Traverse des Sioux, Deer River, La Crosse, S 9 f Hennepin County Parks, Eagle River and Albert Lea. 6. Working on a marketing plan. 7. Public TV.just filmed a one hour segment here, we do not know when it will air. C. Memberships -- Membership drive committee working • II. Organization and Administration A. Organization B. Administration 1. Will use the results of the Audit and experience of this year to reorganize office. Office can become more efficient without a major change in personnel. 2. Working on job descriptions and performance objectives. IV. Maintenance and Restoration A. Maintenance 1. There is a major plumbing problem. Both pumps in the lift station have gone out. Major rebuild and restructure job ahead of us. To bring up to code possibly $25,000. 2. Just discovered the main supporting timbers under the floor of O'Connor are badly rotted. No estimate of the extent of the replacement work or cost yet. 3. Logs on the North side of Berger Cabin are rotted and will need replacement in the next two years. B. Restoration • 1. Murphy's Inn -- Programmed for archaeological investigation beginning the end of June. 2. Twin Cities Muzzleloaders is offering to move a granary in for us to be located near the Rifle Range. They have asked us to determine the cost. V. Programs and Exhibits A. Period Dinners -- June 2 dinners B. Sod house -- roof being worked on walls of house finished stable one half complete exterior of outhouse complete • • 4500 yd3 of sod delivered • approximate cost of sod and trucking donated $5500 Currently one of the most popular exhibits on site • C. National Symposium -- VI. DNR Trail -- Agreed awaiting funds. VII. Audit 3 ichard E.Friend,CPA _ FRIEND AND FURRIE CO., LTD. n len L.Furrie,LPA 3 chap Road Accountants— Auditors Shakop 379 • INDEPENDENT AUDITORS' REPORT // (1 3 Board of Trustees Minnesota Valley Restoration Project, Inc. Shakopee, MN 55379 We have examined the accompanying statement of assets and liabilities arising from cash transactions of the Minnesota Valley Restoration Project, Inc. (Murphy's Landing) as of February 28, 1993 and the related statement of revenue collected and expenses paid for the twelve months then ended. These financial statements are the responsibility of the Corporation's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, these financial statements were prepared on the basis of cash receipts and disbursements which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the assets and liabilities arising from cash transactions of the Minnesota Valley Restoration Project, Inc. (Murphy's Landing) as of February 28, 1993 and its revenue collected and expenses paid during the twelve months then ended, on the basis of accounting described in Note 1. Friend 0,1 rrie Co. , Ltd. July 221, 1993 1 '1 MINNESOTA VALLEY RESTORATION PROJECT/ C. (MURPHY'S LANDING) STATEMENT OF ASSET AND LIABILITIES - CASH Imo► FEBRUARY 28, 1993 7d44 r ASSETS Cash $ 1, 092 LIABILITIES AND FUND BALANCE Liabilities Book Overdraft 10,894, 1 Payroll taxes (t511, 118 Deposits Total Liabilities 43, 130 Fund Balance <42, 038> Total Liabilities and Fund Balance $ 1, 092 See Accompanying Note to the Financial Statements -3- MINNESOTA VALLEY RESTORATION PROJECT, C. (MURPHY'S LANDING) STATEMENT OF REVENUE AND EXPENSES - CASH I, FOR THE TWELVE MONTH PERIOD ENDED / C FEBRUARY 28, 1993 �V Revenue Admission fees $ 180, 180 Memberships 5, 288 Sales 44, 604 Grants and donations 40, 627 Contract services 68,899 Rentals and use of property 42,421 Interest 650 Miscellaneous 10,530 Proceeds of Bank Loan 7, 000 $ 400, 199 Expenses 225, 670 Salaries Payroll taxes and benefits 29, 151 Operating expenses Cost of merchandise sales 20, 955 Contract services 55, 152 Other 691 Overhead expenses 10, 535 Office Expenses Program12 , 681 Advertising and promotion 15, 442 Maintenance 8,429 Utilities 21,947 Vehicle expense 1, 622 Insurance 8,767 Debt service 500 Principal Interest 2, 045 Capital expenses 6, 618 Consulting fees 15,702 Restoration and improvements 435,907 Revenue in excess of expenses (deficiency) <35,708> Fund Balance <6, 330> Beginning of Period End of Period $ <42 , 038> See Accompanying Notes to Financial Statements -4- MINNESOTA VALLEY RESTORAT 1' 1 PROJECT, INC. (MURPHY'S NOTES TO FINANCIAL S :•' S FEBRUARY 28, 1993 1 ` e ations and Basis of Note 1 Op Accounting 'r q ' A. Operations - Minnesota Valley Restoration Project, Inc. operates Historic Murphy's Landing, a living history museum presenting the Minnesota River Valley from 1840 to 1890. The buildings have been moved onto the site from surrounding areas and costumed interpreters help the visitor visualize the daily lives of the early immigrant settlers. B. Basis of Accounting - The Corporation's policy is to prepare its financial statements on the modified cash basis of accounting; consequently, revenues are recognized when received rather than when earned, and certain expenses and purchases of assets are recognized when cash is disbursed rather than when the obligation is incurred, except for sales and payroll taxes and deposits which are recognized currently as liabilities. Note 2 - Cash Cash consists of funds on hand and on deposit in savings accounts. Note 3 - Book Overdraft The Book overdraft represents checks written in February 1993 and earlier, but released to payees in March 1993 . March deposits were used to cover such checks. Note 4 - Penalties In addition to unpaid payroll taxes at February 28, 1993 estimated to be approximately $31, 118, the Internal Revenue Service and the State of Minnesota have assessed corresponding penalties and interest totaling approximately $11, 371 as of June 21, 1993 . Note 5 - Accounts Payable Trade accounts payable at February 28, 1993 are estimated at approximately $39, 000, not including unpaid payroll taxes per Note 4 . 3 yicA7 Y, -r' ,1-0-. Note 6 - Property and Equipment The accompanying financial statements do not include values for the Corporation's property and equipment, including structures and improvements, artifacts and restaurant, store and office equipment. Property and equipment was included in the Form 990 for the year ended February 29, 1992 at a value of $ 2, 165, 953. -5- MINNESOTA VALLEY RESTORATION P OJECT, INC. (MURPHY'S LANDIN NOTES TO FINANCIAL STATE NT. ) FEBRUARY 28 , 1993 AN� Note 7 - Notes Payable 4P The Corporation has the following notes payable which are not included in the financial statements: February 28 , 1993 Scott County HRA, non-interest bearing no fixed repayment date $ 1, 500 Marquette Bank, 8 1/2% due July 27, 1993 15, 000 Marquette Bank, 8 1/2% due July 27 , 1993 6, 500 Note 8 - Income Taxes Minnesota Valley Restoration Project, Inc. is exempt from income taxes under Section 501 (c) (3) of the Internal Revenue Code, accordingly no provision for income taxes has been reflected in the financial statements. -6- Mllll?IIHLMIMNG Czzrreat Ecoaom4o Status A. Financial Situation • 1. Assets: Physical assets estimated at $2.5 million Cash on hand $20,000 2. Liabilities Payable $79,000 Loans $23,500 B. Business Operations 1. Annual Income 1991 1992 Admissions $159,300 $204,484 Memberships 9,509 5,803 Sales 43,304 39,867 Grants 63,863 40,606 Business Operations 52,231 63,741 Rental properties 42,808 40,187 the 15,44Q 56,700 Total $386,455 $451,388 2. Annual Expenses 1991 1992 Personnel Costs $214,531 $253,810 Maintenance of the site 45,928 28,666 Utilities 23,311 31,600 Advertising 6,983 19,300 Administration 14,752 11,000 atla 110.353 127.051 Total $415,858 $471,427 C. Attendance 1991: 41,985 $174,643 1992: 45,164 $204,144 /2- D. Marketing Currently the site markets to the tourist trade and schools within the region. There is $20,000 budgeted for marketing in 1993,we spent about the same in 1992 which is up from $6,983 in 1991. Conventional wisdom within the field of public history would indicate that we should be spending approximately $80,000. We have been reasonably successful at attracting free publicity. D. Problems 1. Murphy's Landing has never shown a profit. In 1992, we have increased revenue and decreased expenses, still we are left with a massive problem in making this business work. The mix of income is the major part of the problem, we currently show more than 50% of our income is admissions or admissions related monies. This should be in the area of 25 to 30%. There is no endowment or any cash reserves. 2. Plumbing is out of date and in bad repair. Will cost an estimated$24,000 to bring it to code. 3. Membership is low for a historical organization in a major metropolitan area. 4. Parking continues to be a major headache. 5. Need a restructuring of creature comforts, we could not take a major increase in admissions at this time. 6. Admissions should be much higher for a site of this quality in an areas such this. 7 Community participation and sense of ownership of the site is low. 8. A number of the historic buildings are in need of major repairs. 9. Need additional volunteers. E. Grants 1. Requested 13 Grants for a total of $195,900 2. Achieved 4 Grants for a total of$44,000 3. Pending 2 Grants for $148,000 HppH Ling of $,zsiamass plana. June 15, 1993 A. Immediate Goals (1 - 2 year) 1. Reorganize Board of Trustees a. Find new members b. Establish functioning committees 2. Fund raisers 3. Short range grants 4. Improve program 5. Establish an internship program 6. Repair and maintain historic buildings 7. Develop local support and community participation 8. Increase membership 9. Increase attendance 10. Find a Director of Development 11. Pa off all debts B. Intermediate Goals (2 - 5 years) 1. Conduct a major fund drive 2. Establish an endowment fund 3. Seek substantial grants 4. Find major foundation support 5. Develop an effective marketing program 6. Political Support 7. Improve amenities on the site (wells, rest rooms, benches) 8. Hire a Marketing and Advertising Director 9. Achieve local and regional recognition as a major historic site C. Long Range (over 5 years) 1. Increase endowment fund 2. Financial self-sufficiency 3. Educational Resource Center 4. Enlarge site 5. Established as a national leader in the field of educational uses of living history. A/P AGING REPORT ' As of 7/22/93 . HISTORIC MURPHY'S LANDING-All A/P Accounts Page 1 7/22/93 Vendor Current 1 - 30 31 - 60 61 - 90 91 - 120 A J Indoor Advertising 0.00 0.00 100.00 0.00 0.00 A SCA P 0.00 0.00 0.00 0.00 0.00 A-1 Rootmaster Inc 1,920.00 2,810.00 1,600.00 475.00 431.00 AT & T Long Distance 129.70 100.65 0.00 0.00 0.00 AT&T 30.09 35.54 0.00 0.00 0.00 AT&T Credit Corp 37.87 42. 87 0.00 0.00 0.00 AUTO - OWNERS INS 0.00 0.00 0.00 0.00 0.00 Bill Cagley 0.00 0.00 0.00 0.00 0.00 Burnsville C & V Bureau 0.00 0.00 0.00 0.00 0.00 C.H Carpenter Lumber Co 0.93 0.93 0.93 - 0.00 5.69 Carter's Lakeland Advertising 0.00 0.00 0.00 0.00 100.00 Catholic Bulletin 0.00 0.00 0.00 0.00 120.00 • City Of Shakopee 339.98 0.00 0.00 323. 79 .0.00 Clan Tartan 0.00 0.00 0.00 0.00 0.00 Clearsoft Water Conditioning 15.91 15. 69 15. 50 • 15. 50 ' 15. 92 Cleve's Red Owl 30.44 0.00 0.00 0.00 0.00 Complete Beverage Service 0.00 0.00 0.00 0.00 0.00 D C Hey 0.00 170. 11 294.51 73.50 162. 26 Dahlgren, Shardlow and Uban 55. 74 27. 20 0.00 1,771.67 ' . 0.00 DEN L DIST' 0.00 • 41.95 0.00' 0.00 0.00 Door Works0.00 0.00 0.00 0.00 0.00 Dutch Magic Catering ' 0.00 0.00 0.00 420.00 0.00 Federal Revenue Service 0.00 0.00 9, 118.48 0.00 0.00 Hennen's Ico 1.00 16. 50 0.00 0.00 0.00 Jiffy-Jr. 0.00 359.91 0.00 0.00 0.00 John Alden 0.00 0.00 0.00 987. 60 0.00 Johnson Paper And Supply Co 0.00 0.00 0.00 0.00 0.00 ' Lenzen Bus Co 0.00 0.00 0.00 0.00 0.00 Les Canadien Errants 0.00 0.00 0.00 0.00 0.00 M-V Gas Company 0.00 0.00 369.00 0.00 1,243.50 Mandeville Company Inc 2.38 0.00 4.65 18. 77 0.00 Marlene Vogel 0.00 0. 00 0.00 0.00 214.00 Marquette Bank-Shakopee 0.00 0.00 0.00 0.00 0.00 Minnesota Conway 0.00 5. 68 0.00 0.00 378. 50 Minnesota Monthly Publications 0.00 41. 51 12.05 2,267. 60 0.00 Minnesota Plumbing & Heating 0.00 0.00 0.00 310.00 0.00 Mn Dept Of Revenue 26.93 5. 62 148. 39 0.00 50.40 On Site Sanitation 0.00 230. 00 0.00 0.00 0.00 Opening Balance 0.00 0. 00 0.00 0.00 0.00 Parkside Printing 4,943.03 0.00 0.00 0.00 0.00 Rebel Publishing Company, Inc. 0.00 0.00 322.00 0.00 0.00 Richard P. Klimmek D.V.M. 1.79 1. 76 6. 66 60.93 0.00 Ron's Mechanical Inc 0.00 0.00 0.00 0.00 0.00 Schmid Agency Inc 0.00 0. 00 0.00 3,900. 62 0.00 Shakopee Chamber Of Commerce 0.00 0.00 0.00 125.00 0.00 Shakopee Public Utilities 0.00 0.00 1, 328.00 567.63 0.00 Shakopee Services, Inc 0.00 0. 50 320. 87 0.00 0.00 South Town Refrigeration Inc 0.00 0.00 0.00 0.00 87. 50 Southwest Suburban Publishing 0.00 323. 34 6. 73 60. 15 195.00 Starks Cleaning Services 23. 44 11. 72 23.44 38. 75 11.00 State Withholding Return 0.00 0.00 1. 698.00 0.00 0.00 Stemmer Farm & Garden Supply 55. 75 0.00 85. 10 65. 90 0. 00 or • A/P AGING REPORT As of 7/22/93 . HISTORIC MURPHY'S LANDING-All A/P AccountsPage 2 7/22/93 Vendor Current 1 - 30 31 - 60 61 - 90 91 - 120 Strategic Advertising Inc 0,00 0.00 0.00 0.00 2,325.00 Superamerica 162.99 86.55 0.00 0.00 0.00 The Connection 204.00 145.70 49.00 46.80 6.00 The Sweetery 536.43 0.00 0.00 0.00 0.00 Travel Graphics 0.00 0.00 0.00 0.00 20.64 Twin City Tourism Attractions 0.00 0.00 0.00 2,400.00 0.00 U S West 0.00 253.89 0.00 0.00 0.00 U.S. Hospitality Corporation 100.00 0.00 0.00 0.00 0.00 Us Toy Co Inc 0.00 0.00 0.00 0.00 0.00 V. C. Sales 200.00 0.00 0.00 • 0.00 0.00 W WTC 0.00 500.00 0.00 0.00 0.00 Yarusso's Hardware Co 45. 15 24.65 146.39 91.20 0.00 • OVERALL TOTAL 8,863. 55 5,252.27 15,649.70 14,020.41 5,366.41 • • • 'r A/P AGING REPORT As of 7/22/93 HISTORIC MURPHY'S LANDING-All A/P Accounts Page 3 7/22/93 OVERALL • Vendor > 120 TOTAL A J Indoor Advertising 458.75 558.75 ASCAP 141.00 141.00 A-1 Rootmaster Inc 0.00 7,236.00 AT & T Long Distance 0.00 230.35 AT&T 0.00 65.63 AT&T Credit Corp 0.00 80.74 AUTO - OWNERS INS 3.28 3. 28 Bill Cagley 5.94 5.94 Burnsville C & V Bureau 195.00 195.00 C.H Carpenter Lumber Co 64.32 72.80 Carter's Lakeland Advertising 125.00 225.00 Catholic Bulletin 60.00 180.00 City Of Shakopee 0.00 663. 77 . Clan Tartan 130.00 130.00 Clearsoft Water Conditioning 0.00 78.52 . Cleve's Red Owl 0.00 30.44 Complete Beverage Service 321.39 321.39 D C Hey 14.95 715.33 Dahlgren, Shardlow and Uban 0.00 1,854. 61 DEN L DIST 0.00 • 41.95 Door Works • 131.00 131.00 I/, Dutch Magic Catering 5,200.90 5,620.90 • Federal Revenue Service 0.00 9, 118.48-F22���.w • Hennen's Ico 0.00 17.50 Jiffy-Jr. 0.00 359.91 . John Alden 0.00 987.60 Johnson Paper And Supply Co 76. 24 76.24 Lenzen Bus Co 160.00 160.00 Les Canadien• Errants 64.00 64.00 . M-V Gas Company 0.00 1,612.50 Mandeville Company Inc • 135.00 '160.80 Marlene Vogel 0.00 214.00 Marquette BanShakopee 22,766. 30 22,766.30 P - • Minnesota Conway 0.00 384. 18 Minnesota Monthly Publications 0.00 2,321. 16 Minnesota Plumbing & Heating 0.00 310.00 . Mn Dept Of Revenue 4,376.45 4,607.79 --NE On Site Sanitation 0.00 230.00 Opening Balance 58.21 58.21 Parkside Printing 478. 70 5,421.73 Rebel Publishing Company, Inc. 0.00 322.00 Richard P. Klimek D.V.Klimek50.00 121. 14 . Ron's Mechanical Inc 272.91 272.91 Schmid Agency Inc 1,876.00 5,776.62 Shakopee Chamber Of Commerce 0.00 125.00 Shakopee Public Utilities 0.00 1,895.63 - c Shakopee Services, Inc 0.00 321. 37 . South Town Refrigeration Inc 63. 34 150. 84 Southwest Suburban Publishing 0:00 585. 22 Starks Cleaning Services 76.00 • 184. 35 State.Withholding Return • 0.00 1,698.004 ' Stemne'r Farm & Garden Supply 0.00 206. 75 A/P AGING REPORT As of 7/22/93 • HISTORIC MURPHY'S LANDING-All A/P Accounts Page 4 7/22/93 OVERALL Vendor > 120 TOTAL Strategic Advertising Inc 0.00 2,325.00 Superamerica 0.00 249.54 The Connection 90.00 541.50 The Sweetery 0.00 536.43 Travel Graphics 152. 80 173.44 Twin City Tourism Attractions 0.00 2,400.00 U S West 0.00. 253.89 U.S. Hospitality Corporation 0.00 100.00 Us Toy Co Inc 1,232.56 1,232.56 V. C. Sales • 0.00 200.00 WWTC 0.00 500.00 Yarusso's Hardware Co 0.00 307.39 OVERALL TOTAL 38,780.04 87.932.38 ' ;r • • • A I 77 s= NJ CD A Ni C . 4 1 9 9 2 1 9 9 3 ii JANUARY 122 JANUARY 506 hi .jI FEBRUARY 25 FEBRUARY 533 • ii !MARCH -0- MARCH 228 i APRIL 335 APRIL 809 kMAY . 7985 . MAY 7821 ijJUNE 5731 JUNE 7246 !JULY 6390 JULY 2410 ii AUGUST - AUGUST , 'ISEPTEMBER • SEPTEMBER OCTOBER OCTOBER kOVEMBER • • NOVEMBER DECEMBER DECEMBER TOTAL 20, 588 TOTAL 19 , 553 ****************************** DECREASE 1035 *The figure for July 1993 is only attendance figures up until July 18th. The figure for 1992, however reflects the entire month. *A large reason for the drastic drop in attendance in July is heavy rain throughout both June and July which resulted in a flood that began towards the end of June. Road closings and negative publicity about :he severity of the flood hurt lurphy ' s Landing as well as other area businesses and attractions . 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',X r ,mac • 8 _ _. 11 _ g 1!i s iI/—t 1 0 'i g I � 8 .1 �a - CURRENTS „ .., . ,,... , ,. ,. ,,, lop . , � T � . "sf 1, rM _41 K. Hof' " si: ;'. .r ti It �� t' 4th. 1 ,sa Nit ' :,i 4,414 I. * µt. r n e«.. '- 404%. 4"q, y i - - r ... Hr? - S: \\ vet t- cs s - L'-- y A Minnesota River Valley Review Vol. II No. 4 1992 Published Quarterly ISSN 1053-4458 CURRENTS A Minnesota River Valley Review 1 Contents Editorial Editorial By La Vern J. Rippley St. Olaf College La Vern J. Rippley -1- Articles Ever since Minnesota was constituted as a ter- ritory nearly a century and a half ago, guidebook - A People and a River: Profiles in Change writers and newspaper boosters began urging peo- Roseann Campagnoli ple to come here "on account of its healthful cli- k , -3- mate."t In Minnesota,immigrants would be free from gob On Using Nature as a Text disease and bursting with energy in a climate where , .� Paul Gruchow the sun shone and the air was dry,pure,full of elec- ` _7_ tricity and where the poor,pale,haggard and weak , xu after living a couple years in Minnesota would River Watch become hale,hearty,fat and stong.So"now ye poor, Lynne Kolze pale coughing weak ones,God has made this coun- Muriel Runholt i. try for you;come out here,and may God keep you Greg JohnsonLebens River Photo: LeRoyall out of Heaven these many years yet,to labor and -14- to bless the world" [Northampton Courier, April 26, La Vern J. Rippley 18531. Literature and Issues of the Holocaust Lynn Bryce In this issue of Currents,one of several focuses is on health,a sound mind Scott Bryce, photography in a happy atmosphere and environment, with examples from the Mudcura -17- spa near Jordan and a letter from America's most prominent individualistic Mudcura naturalist,Henry David Thoreau.Not just the Mayo brothers with their clinic Joseph Huber in Rochester,but the hotel industry starting with the Kahler brothers in Dun- Michael Huber das—subsequently in Rochester—was designed to house and help cure the Patricia Huber invalids that would flock to Minnesota once the Civil War ended. At St. An- -25- _ thony, the Winslow House became the Western Hygiean Home for Invalids Beauty of the Fen by offering baths from immersion to wet mud packs.Mudcura in Jordan played Malcolm B. MacFarlane on its name by using mud and coupling it with a "cure", taken from the Ger- -34- man masters of the art whose practice is still known today as taking the Kur. Henry David Thoreau [1817 1862] Four to six weeks is a common place,all financed by the national health care On the Minnesota Riversystem. White Bear Lake, Lake Minnetonka and Stillwater had comfortable Excerpted Letter health resorts. The fashionable Oak Grove House at Lake Elmo strove for N -36- business as did the Dalles on the St. Croix and Frontenac on the Mississippi, known as the "Newport of the Northwest." Currents Progress Report -38- Soon newspapers were advertising all sorts of patent medicines to cure Cover:Winter Reflections almost any malady — therapeutic corsets for the overweight, magnetic and Photo by Makolm B MacFarlane Currents published by the Scott County Historical society. copper rings for the rheumatic, gallons of whisky and cod-liver oils for per- Individual and group subscriptions are available outside of member- sons temporarily out of sorts. Like their German counterparts, these resort ship and are welcome. centers offered plenty of band concerts, dances, ice cream parlors and good Contact Currents.4890 South Robert Trail.Eagan.Minnesota.55123. Board of Directors Rolland Pistulka.M.D.,President Larry Paul,Vice President 1 See in particular Philip D.Jordan,The People's Health:A History of Public Health in Minnesota Mary Biisek.Secretary Lee Smith.Treasurer La Vern J.Rippley.PhD,Editor Loren cross.Fsg. (St.Paul:Minnesota Historical Society,1953),Chapter I"Salubrious Minnesota,1-16 from which Henretta Stiles Robert Kruse several quotes in the editorial are taken and in general Ledyard Bell,Minnesota;its Character Frank Knoke and Climate(New York:Wood and Holbrook, 1871). 12/92/6M ISSN 10534458 Havanna cigars for the "not all that sick:' Distinguished of Minnesota is stimulating and curative to most chronic individuals flocked to Minnesota more in hope than in suc- diseases of the lungs and air passages, except certain cess, among them former United States Vice President forms of catarrhal diseases of an inflammatory nature" Schuyler Colfax,Edward Eggleston who while here wrote (State Board of Health, Annual Reports, 1876, 80]. his critically acclaimed novel about Cannon City in Rice County near present day Faribault, the essayist Thoreau, With limited resources,doctors in pioneer Minnesota the founder of the American Red Cross,Clara Barton and did their best. As early as 1849, then President Zachary Horace Greeley,the New York newpaperman who advis- Taylor sent Assistant Surgeon J.Fraizer Head to Fort Ripley 2 ed all young readers "to go West" to observe the situation as to the Minnesota climate.Head responded that in Minnesota"fires are necessary to com- Some who came died before it could be proved that fort during a part of every month of the year except oc- Minnesota really was "a land where Nature has lavished casionally July and August; and cattle must be foraged her choicest gifts and where sickness has no dwelling" from seven to nine months:' He reported about malarial (St.Paul Daily Press,January 23, 1872].Usually promoters fevers, cholera, diarrhea, dysentery and catarrh. At Fort explained that the failed health seekers did not stay long Ridgely in 1853 another military doctor recorded his im- enough, and that they had neither read nor followed Dr. pressions about health and the climate in Minnesota.Assis- Brewer Mattocks' Minnesota as a Home for Invalids. tant Surgeon Alexander B.Hasson in 1856 reported"when They insisted that Duluth residents just did not feel the the mercury was six degrees below zero,the atmosphere cold and that overcoats were best left at home even was so thick with drifting clouds of snow, borne onward though the thermometer might plunge to 20 degrees by a furious northwest wind, that at three o'clock in the below zero at night and could even hover there through- afternoon a house could not be seen at the distance of out several days each winter. forty yards; and it was almost impossible to keep one's eyes open, even for a single moment, in the face of the By the 1870s when neighboring states were making storm.He reported using anesthesia in the form of chloro- every effort to prove the promotional tactics of the other form or, more locally, ice and salt when patients had to unethical,jokes sprang up about the salubrious Minnesota have frozen feet and hands amputated. climate. When an Easterner inquired about the authen- ticity of claims concerning "healthful" Minnesota a In the final analysis, then, few doctors pinned their hometown young adult asserted that he had arrived here hopes on climate cures, and fewer still hoped for mira- with no control of his arms or legs, not a single tooth in culous results from mud baths and sulphur water.Always his mouth, unable to speak and totally incapable to help there was enough quackery to go around — ample dos- himself.Once in Minnesota,he claimed,he gained weight, ages of opium after the Civil War,plenty of mud and water was never again sick,his limbs grew strong,his voice came at the spas, a gargle that coupled camphorated oil with back, his teeth grew in and his muscle control waxed. a nickel's worth of potash,and always plenty of whiskey When the astonished woman cried out with incredulous which"if given in sufficient quantities,is an infallible cure" amazement, trying to ascribe the results rather to a for everything from lockjaw to old age.The jokes always miracle than to the Minnesota climate,the young man ex- abounded "Sir, you must have your lockjaw before you claimed "Well, madame, when I arrived, I weighed but take your whiskey." nine pounds—I was born in Minnesota"(St.Paul Pioneer- Press,June 25, 1875].Some took the form of practical ad- Whether Thoreau would have been able to people vice"to keep a sharp axe under the maternity bed to cut Minnesota with Transcendentalists if his Minnesota sojourn the labor pains;' and many bits of advice involved the had enabled him to live and to write more about it, or various intake of gallons of whiskey. whether the Mudcura Spa at Jordan would have thrived in the German tradition given more folklore and a little By 1874 honest and scientific physicians in Minnesota less science remains a moot question. At any rate, Cur- tried to investigate the possible beneficial values of Min- rents invites commentary and journal articles that reflect nesota's climate. As everyone knew, there was cholera, something about the Minnesota River and its currents and smallpox,scarlet fever,"spotted fever';typhoid,and plenty articles that in one way or another offer a topic of cur- of tuberculosis prompting even such boosters as Henry rent interest to our readership.Contact the editor:La Vern H. Sibley to admit to "rapid consumption, caused by J. Rippley, St. Olaf College, Northfield, MN 55057-1098 pneumonia which has always found victims in the Indian (507) 646-3233. villages and camps."In addition to other statistical tables generated by the committee, Minnesota got early pro- grams to chart rainfall, atmospheric pressure, daily `. ,_ 1� ' temperature and an overall conclusion that the "climate 4iwks It, dAteei f '_ ----___ ` I' • -. 41ri. ) • ir ' , , , _ ,,,, ,,,, . _ _ , , ,, ,.,,, ,„ ,,.. A ' ✓ -�x _ ` - _ . .. -- _ , ,. , N.. , , ,. ., , . p , � , --n,... N4,"''' •Allgliri.f . x ve ce4 'IMiffirlk 1 X y ' i s •I � .i - --.*A'Ai ,MPpm1 6.111:'11.7 a -..�...- : � p - -� -. ..+-- 6,-.CnKn:9K y-. ---- Chief Shakopee(title Six) Artist Virginia Coudron, 1992 A People and a River: Profiles in Change By Roseann Campagnoli When the last of the great steamboats and barges at the heart of their unfettered world.They left their foot- disappeared from the Minnesota River early in this cen- print across the land in names we still remember today. tury,the river grew quiet once more.It slumbered its way Chaska, Shakopee, Red Wing, Black Dog, Wabasha and past Shakopee,through Bloomington and on to Fort Snell- Winona all pay homage to Dakota beginnings in the Min- ing untroubled by the communities growing up around nesota Territory.Their silent voices are still there in names it.Its days as a corridor of wilderness commerce were over no longer used. Ta-hin-ca Mde or Cleary Lake now rings and for long stretches, it looked like the river that time with the voices of children and families.Psin Mde or Rice forgot. Its marshes and sloughs teemed with birds and Lake is a well known wildlife refuge. Maka Vu-so-ta or wildlife and it seemed unchanged from the time the Boiling Springs on Eagle Creek brought generations to Dakota (Sioux) roamed the Minnesota River Valley and wonder at the foaming waters of the spring. Whether it 36,000,000 acres of the Minnesota Territory.They called was Un-kte-hi or underground pressures which caused it Mi-ni So-ta, the cloudy water, and even today, it looks these waters to dance and roil was forgotten in its like cafe au lait as it ambles toward another great river awesome ritual. at Mendota. It was there that the Dakota believed the center of the universe was located and until 1805, it was If the Minnesota became the river that time forgot, the Mdewakanton Dakota(Dwellers of Spirit Lake or Water The decade of the 1980s was a groundbreaking time Spirit People)became the people that time forgot.Betray- for Minnesota's 11 reservations and much of the thrust was ed by a 60-year series of infamous treaties with the United spearheaded by the Shakopee Mdewakanton Sioux Corn- States government and finally banished after the Dakota munity leadership. Through its leadership, the tribe was Conflict of 1862,the Mdewakanton drifted into obscurity instrumental in the formation of the National Gaming along with the river which had been at the heart of their Association.Innovative negotiations with the State of Min- existence. But the river rings with a new sound these days. nesota led to the formation of Compacts with the state Pile drivers shatter the river valley quiet as they drive and even today, Minnesota leads the way with 22 of the enormous steel pylons into the ancient river bed.The river nations' 33 Indian gaming compacts. 4 is no longer a lifeline to its people,but now a geographic barrier to be crossed as thousands of commuters hurry Ground was broken for Mystic Lake Casino in 1991 across it on their way to destinations both north and south. and the building was complete in May, 1992. With the planning and construction of Mystic Lake Casino, the Five miles to the south, the Minnesota River Valley Mdewakantons remembered their own heritage. More skyline lights up in an enormous Tepee of Light. To the than 130 years after the Dakota Conflict, they, at last, chagrin of some and the delight of many, Mystic Lake found themselves with the financial resources to incor- Casino announces its presence with lodgepoles formed porate the unique Native American culture into a building of powerful, computer-controlled spotlights in the sky. which was the visible symbol of their achievement. Mystic Lake Casino,a loose translation from Mde Wakan, is a state-of-the-art, 138,000 square-foot Indian gaming The Casino,only the third circular casino in the world, facility owned by the Shakopee Mdewakanton Sioux Corn- recalls the Native American Circle of Life, the unending munity. The revenues generated from the casino's 12 - cycle of all things.The main casino floor surrounded by 15,000 visitors per day drive a cultural and sociological pillars symbolizes villages of long ago in which lodges sur- revitalization perhaps unequalled in modern times.Indian rounded a center fire. The wonderfully rich heritage of gaming,called by former Tribal Chairman Leonard Pres- the sinewed bow,the eagle,the buffalo(once the mainstay cott"the new economy';has ended generations of Dakota of the Indian life)and the turtle are all found within the obscurity and frustration and provided a financial base building's infrastructure.Visitors are greeted by an original from which the Shakopee community is building stabili- bronze fountain and statue of"Water Spirit Woman"which ty and self-sufficiency. dedicates the casino to Indian women who have been the strength of their nations for so long. Original works by The small Shakopee community numbers only less Native American artists provide the perfect cultural tran- than 300 with 73 business shareholders. Once land poor sition between the life of yesterday and today. with only 250 acres sandwiched between Prior lake and Shakopee, the Mdewakanton's relatively small land base The real accomplishment of the Shakopee Mdewakan- has proved to be an asset in funneling revenues to ton Dakota people is not found within Mystic lake Casino. buildings and programs. In recent years,the tribe has ac- It is found, instead, on the reservation which contained quired additional adjacent acreage bringing the reserva- them for so long.There are 19 new homes in Big Eagle's tion to just over 430 acres.The success of the Indian gam- Village,a modern subdivision indistinguishable from any ing industry in Minnesota and across the United States lies Twin Cities suburb.Eight additional homes have been built largely with the Shakopee Mdewakanton Sioux Communi- in other areas of the reservation.The homes have all been ty. Just a decade ago, then Tribal Chairman Norman financed through the tribal mortgage loan program.The Crooks challenged the odds and federal government by homes and business are served by a water and sewer pro- bringing high stakes bingo to the reservation. The con- ject made possible through gaming revenues. Road con- cept was based on the sovereignty of Indian nations, a struction and improvements have been undertaken at premise affirmed each time the United States government tribal expense and the community provides over$60,000 signed another treaty to"buy"land from the Indians, In- per year to the City of Prior Lake to assist with the cost dian sovereignty had been repeatedly upheld by the U.S. of police service to the community. Medical and dental Congress as well as the Supreme Court and survived the programs are provided to all community members free test when gaming became the issue, Ironically, the Mde- of charge and a number of social service programs ad- wakantons called the new bingo palace Little Six in honor dress a variety of social needs. Within the Community of Chief Shakopee's(Shakpay)son hanged at Fort Snelling. Center, education has been given priority and from daycare to GED,tribal members are building a generation Bingo was an overnight success and was joined in whose education needs have been met. Through tribal 1984 by video slot machines. In 1991, blackjack became funding, tuition assistance provides a college education an additional favorite with casino visitors. to all who seek it. In addition, the tribe has endowed a $50,000 matching grant scholarship in Indian Studies at Augsburg College. 1 A new Community Center will be complete in Decem- . ber of 1992 and will provide expanded facilities for all pro- , grams now in existence. Monies are currently being invested to diversify the interests of the community to maintain a stable economic 5 base well into the future.The community owns two com- panies and is finalizing an agreement on another joint ven- ture. Community members have sought to improve the • welfare of others, too. In less than a decade, they have Roseann Campagnoli donated more than $2 million to charitable causes. Roseann Campagnolie is currently a consultant to the The Shakopee Mdewakanton Dakota have become Shakopee Mdewakanton Sioux Community. She is the Scott County's largest employer. With 2,700 employees, former Director of Public Affairs for Little Six, Inc. and the businesses generate over $11 million annually in in- has written extensively about the Shakopee Mdewakan- come taxes to state and federal governments.They have ton Sioux. also fueled the Indian gaming industry which now employs over 10,000 Minnesotans on 11 reservations and Campagnoli is an honors graduate of Purdue University has become the state's 19th largest employer and one of and holds a master's degree from the University of St. the state's largest tourist attractions. No longer are the Thomas. she is also the Vice President of the Minnesota Mdewakanton Dakota the people that time forgot. They Indian Tourism Association and a member of the Min- have become an economic and social force in the land nesota American Indian Chamber of Commerce. of their own heritage.Just miles from Mde Maya-To(Prior Lake), they have revitalized a community and a culture. Throughout her career in education,marketing and public With the river that flows to the center of the earth, they relations,she has pursued an avid interest in local history are changing and somehow remaining the same.They are and Minnesota's Indian communities.She and her family Mdewakanton.The elders would say it is"waste"(good). live in Prior Lake. rAiV 1\INNESOTA NATIVE AMERICAN VOICES HU,\IANITIES COW WISSION ilk .. '/ ,777/1/ , "7/././7:1;'" Ilk I •i• 41 ,: / it I%` y x,, - __ / ,, ( - 1 T7-',37,7 -.=• / , % _ i-'�� \ \ s :� i� 1 ' j• i 'I T S Otit• \ I �. 'L ,i it I r: � 17, x?•r . fit-- 5 .' I , 11 t ';� • . , ,Ilig - 1 b .-.) \ . A c. • G ti 6,, ' — k 4 f • 1 d__00,1 .ir , 01,...ye ..._40.. ,....._... ..„,..,..... �� Folkways of Christmas has grown with Murphy's Lan- 6 ito ; .._1,..7 : ` ding and has become a part of the expected in holiday _ ••••`••••r"- `. it experiences in the lower Minnesota River Valley.Visitors will find a renewed thrust into authentic presentations of c0 Christmas ethnic customs as the Landing commits itself `^ I �' ain to the best in livin mm standards. g g _ a In keeping with this effort museum the 13th and 14th of February will see Murphy's as the co-sponsor with the State Historical Society of Minnesota for the National Liv- jing History Symposium. .ti Folkways of Christmas :` 9 s w.. J Ethnic customs at 1",;A � - ' Historic Murphy's Landing ` _ i Faribault cabin Wilkie house fier,,cr tat in iuri.,' ' 4 r This national meeting will bring historians/educators from all levels of institutions. It will be the first time such r --- - an informed group has had the opportunity to inspect Mur- # phy's Landing. Perhaps this is the only time since its con- , +a s ception when the importance of minute detail,scrupulous ,_- i.; research and adherence to truth can be fully appreciated. t Iy, tri Foi further information call Murphy's ' • , , ;: Landing, 445-6900. d f 'rr 5.r ? It Y' .Jff iJt •y'<'S Nit /{rf `.. / t� v�s� 'it...,• ,7) }. re e.. 7 5 .l, .in/�• .. A small tributary of the Minnesota near Shakopee. i Photo by LeRoy Lebens. On Using Nature as a Text "To my astonishment:'Henry David Thoreau reports By Paul Gruchow in Walden, "I was informed on leaving college that I had studied navigation! — why if I had taken one turn down the harbor I should have known more about it." In one pithy sentence he characteristically cuts to the heart of a problem. Education suffers because we are so frequent- ~ ly taught about things, and so seldom encouraged to learn from them. I have taught Thoreau many times, but only once pro- ductively. As it happened. the success came on the occa- sion when I took his own advice about teaching. Walden, in particular, is a fiendishly difficult text. A substantial library could be made of the nonsense that has Na been written about it by sophisticated and studious readers. In recent days I have noticed one accomplished writer asserting that Thoreau hated farmers,and another declaring that he didn't write about nature!Thoreau was an explorer, not a systematist. He reveled in paradox and couldn't resist a pun.The playfulness of his method belies 400 the sternness of his program. His ideas developed as he / = carried his book through a long succession of drafts, and Paul Gruchow is a Northfield.Minnesota writerhe did not always cover his intellectual tracks. The book His latest book is Travels in Canoe Country layers metaphor upon metaphor. It is robustly multicul- tural. It is as sprawling and messy as life itself. For literalists and for masters of consistency it is utterly confounding. Like all great texts, it seems to say whatever you want it to say. This does not mean that it has no discernable intention:that is the elementary fallacy in much contem- porary criticism. Walden is, moreover, a book best appreciated after meals, haul our own water, and stoke our own fires. We one has been out in the world for awhile and has begun kept Thoreau's schedule, reserving the mornings for in- to suspect that one isn't,afterall,going to take it by storm. tellectual work, first in solitude and then as a group, our Thoreau was twenty-nine when he went to Walden. He discussions usually extending through lunch; giving the had unsuccessfully sought employment, had fallen clum- afternoons to long saunters in the surrounding coun- sily into love and been spurned — perhaps to his relief tryside;and spending our evenings reflecting in our jour- -and had endured the sudden death of an older brother nals upon what we had seen and heard. whom he revered. He thought of himself as a writer,but 8 few editors were willing to publish him and fewer to pay We did not,isolated though we were,eschew society for what he wrote.As he approached middle-age,he was altogether, in faithfulness to Thoreau's own experiment. still hanging about his parents'house,dabbling in the fami- One evening we rousted out the staff of a camp across ly business,without a career or the prospect of one.It had the lake and conducted an impromptu reading. On occurred to him that if he were going to write, he would another, the musicians in the group organized a sing- have to figure out how to do it without recompense.That along. One clear night the group's astronomer offered a is the background of Walden: its author is a man whose guided tour of the skies. On another sub-zero night we only ambition is one the world apparently neither needs rented a sauna and took turns gleefully leaping through nor wants.Much has been made of the metaphor of meta- a hole in the ice into the frigid waters. morphosis in the book, but little of the very personal transformation at the heart of it:of adversity into convic- What resulted was unlike anything else in my ex- tion, of private need into public virtue. perience as a teacher. By the end of the seminar, each student had spent a couple of hundred hours in close con- It is especially perplexing work for college students, sideration of a single text, and this consideration had who still have the right to believe that intelligence and stimulated serious reflection upon every kind of funda- diligence will reliably yield success, that questions have mental question: What is life for? What are people for? correct answers,that order prevails even in the short run, What is the relationship between culture and nature?What and who cannot yet suspect the extent to which their lives does it mean to be educated?What are the requirements will be devoted simply to getting a living and to live life of a good economy? What is society? What is culture? fully at the same time.Thoreau's bold stroke is to see this When is individualism healthy and when is it harmful? as more than a personal problem;it is also,he asserts,both What is faith?How is it possible to live morally?What do a moral problem and a cultral one.How is someone whose people need?What would they be better off without?And ambitions have not yet been thwarted; who relies upon they had examined these questions not only in the abstract a staff to shovel the walks,cook the meals, and mow the but with respect to their own lives. lawn;who is living in a cloistered community where one is encouraged—indeed required—to think independent- Students came away with new practical skills too.They ly while living in infantile dependence to make any sense had become better readers,better writers.Some learned of this? how to cook,some how to ski or use a pair of snowshoes. Everybody had a deeper understanding of the ecology The single productive reading of this book that I have of a northern forest. One had never before experienced managed with students involved accepting, for purposes this kind of isolation.Two students got caught in darkness, of inquiry, the possibility that Walden could be read as their tracks drifted shut behind them, and had to make if it were true:not as an exercise in dispassionate dissec- their way back to the cabin by figuring out how to read tion,but as a model for thinking about life.The single text the landscape. Two of them shared ideas about song- for the seminar was the book itself — no lectures, no writing. Every student, I think,went home feeling more critical analyses, no outside interpretations, no bio- competent, more self-assured. graphies.We limited ourselves to the words on the page, and to what we ourselves could make of them. This is, The work of the seminar could not, it turned out, be of course,a simplification,because we also brought to the stopped.For months afterwards,I had a steady stream of table our own lives and everything that we had previous- papers from students who had found ways of applying ly read and remembered. their thinking to new subjects in inventive ways. Among them was a keen reading,by a biology major, of Walden As an aid to clarifying our thinking,we also decided, in light of a psychological theory of faith development. as nearly as it was possible, to replicate the details of Another student had learned, she reported, how to use Thoreau's experiment while we considered his report of her journal as a study tool. Another, who had worried the results.We retired to an isolated and primitive cabin aloud in the seminar about not knowing how to be alone, in the woods, where we would have to cook our own sent a triumphant postcard upon her return from a solo hike into a remote wilderness area. If we were to perceive nature as a teacher rather than as a subject, I imagine that our students would benefit in How distant this way of learning is from the ordinary two ways: first, by gaining a set of critical thinking skills conduct of our classrooms!We use books not as tools,but now missing from our education; and second, by know- as objects, not as points of departure, but as ends in ing more in the end about nature as a subject too. How themselves. We cannot imagine any use for reading that might this work? I have four suggestions, which I offer extends beyond the final examination or the journal arti- not as a program but only as a set of principles for get- cle.A distinguised professor of literature once assured me ting the conversation started. that the only sort of writing an educated person needs to know is expository prose. Why,then, I wondered, did 1.As much of the activity as possible should take place 9 he persist in asking his students to read novels, poems, out-of-doors.The closer the classroom can get to its sub- and plays? And I once saw a lengthy syllabus for an in- ject matter, the more clearly students will see that their troductory course in the humanities that included a single work has real purpose and meaning.That is the strongest novel and a solitary poem; every other item on the list motivation students have for learning. was a work of critical theory—as if the humanities were not about science,or history,or the works of the human 2.The work should encourage students to think about imagination,or even, more abstractly,about culture,but fundamental questions. How do clouds work? What are only about the theories of these. the differences between a tree and a grass?How do birds fly? What is a flower? Why are there more beetles than My assignment was to suggest how we might teach deer?Where does the water go when it rains?how does children about nature. I have not strayed as far from the the robin find the worm?Teachers and students both will subject as it might seem. Thoreau's principle —the one soon see that the simplest questions are profoundly dif- we tried out in our seminar —pertains to every subject ficult to answer and that many of them,in fact,can't yet and to instruction at every level. If we could structure be answered.Students will have the satisfaction of finding education so that it were less a series of indoctrinations that their teachers are still students too. Teachers will and more nearly a set of experiences, I think we would rediscover the joy in learning. Approaching the work of go a long way toward revitalizing our schools. the classroom in this way opens the possibility of genuine partnership:"That's a wonderful question,Jennifer.I don't One way to teach nature is to model it along tradi- know the answer. Let's all think together about how we tional science education lines: have students read a text- could figure it out:' It also puts basic skills at the heart book,show them some films,ask them to complete some of the work: how to ask a question, how to organize an worksheets,show them how to complete a few carefully experiment, how to evaluate evidence, how to use controlled experiments, drill them in the proper vocab- references, how to make distinctions. ulary, take them on a field trip or two, and test to verify the results. 3.The teaching should be across the curriculum. Us- ing nature as a text opens the door to every discipline. The problem is, even the student who has mastered Science: How does water get from roots to leaves?What the materials and — more unlikely — has managed to keeps these plants fertilized? Mathematics: How can we remember them will have learned in no practical way how use what we know about triangles to measure the height to use them.Such a student, left without further instruc- of that tree?History:What was this place like a hundred tion in a nearby woods, or set loose upon a remnant of years ago?How has it changed?Why?English:Let's read prairie, is likely to be as illiterate about reading what is a story the Ojibwe told about how mosquitoes came to to be found there as he or she was before the course be. Can you make your own story? Music: How many began. And such a student may well be less prepared to songs can you hear that catbird singing? Let's make our see the ways in which nature and culture interact, or to own catbird songs.Geography: I wonder where there are hear the song or poem inherent in the place,or to perceive other places in the world like this one. Let's look. Let's the place as a whole community, since the process of make a map of our study area.Social studies:Who owns splintering the place into its parts, of knowing into its this place now?Who used to own it?What does it mean disciplines, and of dividing matters of the intellect from to own a piece of land?Has everybody who has lived here those of the heart, will already have been set in motion. had the same idea about that?The possibilities are literally Ask such a student to compare the prairie with the plot endless. of grass next to it, or to imagine how one might inform the other,and he or she will be as lost as ever,since the 4.Students should be given an active hand in manag- traditional skills of the science classroom have little,if any, ing the study site. Ideally, it will be within easy walking direct bearing upon using nature as a text. distance of the classroom.That will promote frequent use. Many schools will be surprised to find that such sites Evaluate the results closely. Approached in that way,the already exist. Where they don't, so much the better. idea offers no challenge to traditional schooling and Elementary students who have spent two or three years creates no special staffing difficulties. My other response working on a restoration project — learning what the would be to suggest that teachers and parents alike are native landscape was like, collecting seeds, raising seed- hungry for new ideas in education. The least controver- lings during the wintertime, planting them in the spring, sial proposition I can think of is that our schools need watching their garden grow—will know more in a prac- somehow to do better. If this approach leads to effective tical way about how ecosystems function than many a col- school reform, so be it! lege biology graduate. 10 The following excerpt is from a newsletter,School Nature Area Having students actively involved in the management Project. Many of Paul Gruchow's principles are put to work. of the studysite will teach them as it would not other- Gary Deason is the director of this interesting endeavor and Currents looks forward to hearing more from him in the future. wise be possible that learning and doing are intimately If you feel you can not wait, the address is: connected. And if the classroom is one students literally School Nature Area Project have made, it will be a place in which they can take per- St. Olaf College sonal pride, a feeling that will be rich in many rewards. 1 Olaf Ave. Northfield, MN 55057 I had my own schooling, in the beginning, in a one-room (507) 646.3599 school.One of the things I remember fondly about it was that we all had a hand in it.We students swept the floors, carried the water,cleaned the blackboards,saw to the rais- - ing and lowering of the flag, decorated its walls, dusted •.rte �} _• A' '4 4 ,J•'` .. N f its window sills,baked our own lunchtime potatoes on the *� -titi. 0 '.: z:- , &.!.11 - topof the space heater at the back of the room.The older A ;�Y • ... �. '= students helped the younger ones with their work. It was t' • - 4 s. ���� 1 our place. In a school with six grades and only one staffs z• x i. t, person it could not have been otherwise. That necessity, ' 9t r . ~' s I believe, was one of its considerable virtues. _ .l4 `_• ,� ., can hear two big objections to this idea. Some will ';1� ' , , r wonder how students are going to acquire basic facts — r�* - ' r r'" 10 . ", the mathematics tables,the rules of grammar,and so on. ' ,' -71s, 1 i`- And some will say, "It's a lovely idea in theory, but the - r 1 .•s; ,`:tv ,� , • fact is that schools are not now organized to teach in that 4''.,, .•s #iy' 7 , ,J, A Y ? "j way:' rK.rd i. r j LK ', 11 • To the first objection I would say that it does not raise iit j s • }hti a primarydifficultybut onlyone of management.Students t .. r ' f .• .b , '' g �- .jt, r ��� � � ; ,� , will quickly find themselves up against problems that call g , i - • Yx i •f for fundamentals. If teachers are prepared to seize upon j : .�..t these opportunities as they arise, traditional skills will ,1 i A follow.Consider, for example,the awesome technical co - k Ap petence that young children interested in dinosaures .:.,,e ,t.;F quickly absorb without any formal instruction, including _ L y ...14 - . long lists of multisyllabic scientific names; or how quick- :+t ' ly competent a child who otherwise shows no interest in irity� - IN mathematics can become at manipulating baseball statis- - .0 - _ tics.The biggest barrier to the acquistion of fundmentals, ' .k• ' .....„7. - i - .: ' I would suggest, is lack of motivation;what I propose are •: some principles for supplying it. -� , To the second objection, I would respond in two ways. - - • •--46.43.•" -- One One would be to suggest that this idea be tried at first experimentally. Let one teacher who is enthusiastic about The School Nature Area Project at St. Olaf College has helped it offer it as a choice,and enroll only those students who Nerstrand teachers develop environmental activities at the Nerstrand Big Woods State Park.Here Nerstrand students learn about seasonal want to try it and who have the support of their parents. changes in the park. • • ff"'"� r. - I 1 s f f! 11 ...,-. - WM , 4714111i0fr - ' 'et'.- it fie I 4- _- > r" 91 ." • ::.... 1 4.o,(2,5,r.t-7.''' ' Aill "- " / ,icAl a i • :-' -• , aor, . 4 zollkie Nerstrand Elemen- C 1,...,- •,..„---,-...• :-...,. `` • ''-.: 'N to students . ..�. 1;. •y ♦ e • -�: , k;, prepare for a game `�r•r•••:.. f -• ^ �.� '/ Y , t,%% '-#• . of "predator-pCey" ,r r 'd '✓'''1 a a ,t-111 .•_. at the Nerstrand Bi - 'I' ~I1. ,:� . t44 -' Woods State Park. - - 'Z .i 4 Begun in 1991,SNAP is a cooperative project between Cannon Falls St. Olaf College and rural school districts interested in establishing outdoor learning sites for environmental The four districts in the demonstration model possess education. SNAP assists districts in establishing suitable sites under different ownership and with varied ecological sites close to schools, conducting on-site workshops with conditions. The Cannon Falls site is a nine-acre wooded teachers and developing environmental activities for the ravine on school district property adjacent to all Cannon sites. SNAP operates with the conviction that land con- Falls schools. Considerable water flows through the site servation and environmental education go hand-in-hand causing serious erosion at three gulleyheads. With the and that school children benefit from outdoor learning leadership of the Goodhue Soil and Water District Office, experiences. funding to install drop pipes to alleviate erosion was ob- tained from the Minnesota Board of Water and Soil Re- Underwritten by a major grant from the Blandin Foun- sources (BWSR) ($25,972), the Cannon River Watershed dation of Grand Rapids, the School Nature Area Project Partnership ($$9,666), Goodhue County($1500), the City is working with four rural districts in southeastern Min- of Cannon Falls ($500) and Cannon Falls School District nesota to complete a demonstration model. The model (1500). consists of establishing environmental learning sites in Kenyon, Cannon Falls, Wanamingo and Nerstrand, and These funding sources indicated the dual attractive- assisting teachers at these schools with curriculum and ness of the Cannon Falls project — achieving both land activities for the sites. When completed, the model will conservation and environmental education. Double lever- form the basis for work with other schools and for ex- age for the dollar is an overriding advantage of conserv- panding SNAP into a larger program. ing land for school nature areas and perhaps the main reason for strong interest in this project from state agen- To prepare for this expansion, staff members are cies such as BWSR.We hope that these two faces of SNAP assessing (a) the level of interest among school districts will continue to interest cooperators and funding sources in different regions of the state(b)the availability of out- as we expand into a larger program. door learning sites in interested districts and(c)the range of potential cooperators among state agencies and en- Kenyon vironmental organizations.To date,forty-two schools have expressed interest in the program. Cooperators include Agreement has been reached with Ruben and Patricia the Department of Natural Resources-Project Wild, the Maisel for a conservation easement on 25 acres of their Minnesota Department of Education Office of Environ- property two blocks west of the Kenyon Elementary mental Education,the Nature Conservancy and local Soil School. The parcel includes a bedrock creek that flows and Water Conservation Districts. north into the Zumbro River, its flood plain, natural ya � • 12 The School Nature • Area Project based at St. Olaf College and the Goodhue 40 County Soil and ���,.� �,-• � _ v . � � Water District have • cooperated in an � ;`: erosion control pro- ject at the Cannon -441`: jl Falls School Nature :. Area. Here Soil and Water agent Tom Guyse supervises students preparing soil for planting native grasses. springs, oak woodland, a remnant of maple-basswood Nerstrand forest and a cultivated field.The field will buffer the nature area from future development and will be restored as an Nerstrand Elementary School forms an important part oak savanna. of the SNAP demonstration model. First, the school is becoming an environmental alternative for the Faribault A legal agreement between the Maisels and the Ken- School District. Second, the largest existing remnant of yon School District is being completed. The agreement the Minnesota-Wisconsin Big Woods ecosystem is located allows the Maisels to retain ownership of the property, a mile from the school in Nerstrand Big Woods State park. while giving rights and responsibilities to the School Third,the example of a school using a state park for en- District to use and manage it as an educational nature vironmental education provides an important example for area.The agreement lasts in perpetuity and applies to all other schools and parks in the state. Finally, the Nature future owners of the property.The Kenyon site employes Conservancy and the Department of Natural Resources a valuable legal tool—the conservation easement—to jointly sponsor a project to restore and expand the Big simultaneously establish an educational nature area and Woods ecosystem.SNAP is the arm of that project work- protect natural habitat on private property. ing with Nerstrand School.School classes are participating in all-day environmental teach-ins at the park and in Wanamingo several projects to expand the woods,including the gather- ing of acorns this fall for planting in the spring. The Wanamingo nature area is located on city pro- perty across the Zumbro River from the Wanamingo Ele- These four schools and their respective learning sites mentary School. It consists of an open field covered with provide different types of ownership,different challenges grasses,goldenrod and sunflowers,cultivated white pines for environmental protection and different settings for en- and flood plain forest. Dr. William Walter, a Wanamingo vironmental education. Collectively, they offer a strong medical doctor,arranged with the city for use of the site. argument for the value of school nature areas and an im- With other residents, he built a bridge over the Zumbro portant model for extending SNAP to other schools in dif- River to access the site and completed cedar chip trails ferent regions of the state. through it. Currently, SNAP is helping Wanamingo teachers develop curriculum and activities for the area. Wanamingo suggests the remarkable achievements possi- ble when residents work together to set up a community nature area. k ' ,,• %. CROSSROADS TiY [iMEDICAL • . - CENTERS P.A. ior ! + `•a, 13 ,( ' FAMILY PRACTICE & OCCUPATIONAL MEDICINE If. , 47i SPECIALISTS •" • a ::d/sehhIo Gold •• •Workers' Compensation Lam. ' -�• ^�" • Traditional Health Insurance �� ;".; ' " Crossroads Medical Centers are dedicated to pro- '•`<`•` , k. ' \ .' �•" viding you and your family with high quality medical - , - services in a warm and caring atmosphere. Board �' y �_ l'‘24.'4:11.',.. --,40.,„131"3 �` certified Family Practice Specialists attend to the .1; .alt .Ail •r` _k .7`iG��--'A - . ` g ,� � personal health issues of young and old alike. ;,:�. rj.A — t. .` ;�,t- „4', ; c , ;,.4,-,,it ' • ' { 4tZ` u^ ROLLAND D. PISTULKA M.D. BARBARA G. HOUTS M.D. -l+ , ' � ,�. .� THEODORE A. GROSKREUTZ M.D. BRUCE 0. RASMUSSEN M.D. 4 11110 • «a? r 1 = + ,<'� .cA 1 ` -� MARIANNE D. KANNING M.D. JOSEPH H. KANDIKO M.D :7� { rys� e' fir, ` • • , . , -•.` WILLIAM R. MAUS M.D. Cannon Falls students prepare the soil for planting native grasses in the nature area adjacent to their school. LINNIE A, COOPER PAC CHASKA CHANHASSEN PRIOR LAKE 448-2050 937-1515 447-1700 OLSON Steven A. Olson, CP.A 200 Doctor's Park Market Square: 14033 Commerce Ave NE BARTA Chaska. MN 55318 7860 Market Boulevard Prior Lake MN 55372 Chanhassen, MN 55317 LIMITED Certified Public Accountants Telephone Answered Day & Night URGENT CARE HOURS: M-F 5 pm - 9 pm 201 West Main Street Weekends & Holidays 9 am - 4 pm New Prague, Minnesota 56071 Metro(612)332-3070 447-1710 (612)7584442 ‘., , 141/41**er\ ovil :4 .— r—f — ,;., lt, ' p r f ( �% '` / l'i — , ,, ),,,,,, s‘ • , ..k-. ,..' J , N ''''• ---, ihN it z 'r a p ~% _ �. x a'. 'p` M-• y �! +• �� ~•i'c ti's„ .. ., /., ♦. 1 lortiok a aItik _ _� -..041 ' t ,,,,. r,-t-- . ..... . , i . _ ( w, '•, - _ - 41W -f S , ikt Z‘N yy/ i �' , k SQA ' _ • V4 s E • ; l # 'e • , ri r,.... o f 4 "4 a% o 4 New. / ,' ,''` ;�' P' 4 W , iZu. 1c:` *e~ it ( \ i y 4 ; t # ' ili. e, , Photo: LeRoy Lebens River Watch News from the Minnesota River Restoration Project Lynne Kolze What causes foam on our rivers and lakes? If you should observe a spill or anything else that looks By Muriel Runholt, out-of-the-ordinary, please contact the MPCA's 24-hour pollution control specialist with the Spills Hotline at 612-296-8100. MPCA's Marshall Regional Office. At one time or another,most of us have noticed a pile C.U.R.E. of foam moving along the edge of a river or piling up on organizes major cleanup in Montevideo area the shore of a lake.Often times,citizens become concern- ed about this foam and report it to the Minnesota Pollu- In August,dedicated citizens from a Montevideo-based 15 tion Control Agency for investigation. While there are organization, Clean Up the River Environment(C.U.R.E.), cases where the foam is related to a chemical spill of some coordinated a large cleanup along the banks of the Min- kind, most often it is not. Here is an explanation of why nesota River between Montevideo and Wegdahl.With the foam forms and why it is usually not a cause for alarm. aid of the Minnesota National Guard, four sites along the river were cleared of old cars,appliances and other scrap To understand how foam is generated, one needs to metal. The National Guard provided most of the man- know something about surface tension and surfactants. power, while C.U.R.E. members did a significant amount One of the physical properties of water is surface tension. of early legwork to make sure the cleanup would go It is surface tension which causes the water surface to smoothly. C.U.R.E. members served as local ambassadors curve upward on the inside of a glass.Surface tension also for the cleanup by contacting landowners on whose pro- makes the surface of water bulge upward, but not spill perty debris would be gathered and getting permission out when a glass is completely full. for entry to their properties. In addition, C.U.R.E. volunteers made arrangements with the local salvage A surfactant is a substance which, when added to yard, which took most of the scrap collected, and lined water, will reduce its surface tension. Detergents contain up additional vehicles and flatbed trailers for hauling the surfactants. It is the surfactant in a detergent which trash. reduces the surface tension so that water can carry the cleaners in detergents into clothes fibers to remove dirt. A total of 15 flatbed loads of garbage and old cars The whitish foam and bubbles that are periodically seen were removed during the cleanup. While the clean up of on the shoreline of lakes and rivers are usually produced large items like cars and applicances is important,C.U.R.E. by naturally occurring events. A surfactant in the water, wants to focus upcoming efforts on the kinds of pollution which is dissolved organic carbon from the normal decay- that are less visible and obvious.A recent goal is to work ing process of organic matter, reduces the surface tension with local property owners whose land drains to the Min- of water. The wind causes the surface layer of the water nesota River. C.U.R.E. will contact these landowners and to be aerated.Tiny bubbles are formed. Because the sur- provide them with information about how agricultural factant,organic carbon, has reduced the surface tension, practices can be changed to improve water quality in the there is not enough tension in the water to collapse the river. bubbles, therefore, foam is formed. C.U.R.E. will be having its first annual meeting on When the wind blows across the water, the bubbles February 4, 1993 in Montevideo. The meeting will serve are pushed together on the downwind shore, often form- as a celebration of the successes of the organization's first ing a large mass. Foam can leave a brown residue when year, as well as to take care of important business such it dissipates. This residue is dirt from air and water that as electing Board members and planning for the next year the bubbles pick up. of activity. Those interested in attending should contact Patrick Moore at 612-269-2105. When should you be concerned about foam on the water? In some cases, foam can be a warning that something has been spilled or illegally dumped into our Minnesota River play completed waterways. If an odor of oil, grease or chemicals is pre- sent along with the foam, it is a good idea to report this Every resource manager understands the importance to the Minnesota Pollution Control Agency's Spills Pro- of public awareness and involvement in addressing en- gram. Trained staff can ask you questions and decide vironmental problems. Traditional methods for raising whether an onsite investigation is needed. We strongly awareness have included public service announcements, encourage citizens to help us by observing and then noti- brochures, posters,and public meetings. While all of these fying officials of anything that looks strange or unusual outreach tools have value, some members of the public with respect to our rivers and lakes. may respond better to other approaches. In an effort to create and test new ways to get the word respect to the water of concern. out, the MPCA recently commissioned development of a stage play about the Minnesota River. The play, written The term, water quality, means something different by professional theatre artists Marysue Moses and Alfred to everyone. It can also be defined in different ways in Harrison, explores how and why the Minnesota River is different situations. For these reasons, it is important to in its current condition and the ways in which we can all begin by specifically defining what is meant by water become involved in its restoration. The play attempts to quality in your particular situation.There are three general prompt thinking and discussion among members of the categories in which water quality can be defined. Each 16 audience. is important and each should be used with the others to develop a complete description of the quality of the water Moses and Harrison developed the play using infor- of concern. mation gathered through personal interviews with en- vironmental experts, as well as through a series of three The first category involves an aesthetic judgement or workshops in communities along the river. The two-day perception of the quality of the water. For example, do workshops,held in Shakopee,New Ulm and Montevideo, people consider the water to be pure, pristine; polluted, involved collaborating with community residents on the muddy; clear, cool; brown, green, stinking; safe; or development of skit ideas that could be incorporated in- dangerous. Even though these perceptions are subjective to the final play. Using theatre exercises and improvisa- and user dependent,they are critically important in def in- tions, the artists attempted to understand the values, ex- ing and understanding the concerns of those who use the periences and ideas from residents who had grown up water. near the river and who had something to share with others about why they valued the resource. This approach was The second category involves a more scientific designed to ensure that the final script reflected the con- description of a water's quality. The tools within this cerns of those most intimately connected with the river. category include physical, biological,and chemical para- meters that can more specifically describe water quality. The play was written for use in high schools,colleges, These parameters are only useful if their meaning and im- community theatre groups and any other organization in- portance are clearly communicated to key decision- terested in presenting the play to the public.The play re- makers. Physical parameters include temperature, color, quires a cast of 14 characters and would take approximate- turbidity, sediment, volume, and Secchi disk transparen- ly one hour to perform. For a free copy of the play, con- cy. Biological parameters include number of organisms, tact Lynne Kolze at 612-297-3825. species diversity, productivity, biochemical oxygen de- mand,and habitat condition.Chemical parameters include nutrients, cations, anions, organics, pH, and dissolved Setting water quality goals and objectives oxygen.many other parameters are also available within By Greg Johnson, senior hydrologist with the MPCA each grouping. In an earlier River Reach newsletter, I talked about The third category involves a social and political the importance of designing effective water quality description of the water. This category provides the monitoring plans before you begin taking samples and descriptions of the people,organizations and agencies that gathering data about your stream or lake.The following use, protect, and regulate the waters of concern. Water are important parts of any water quality monitoring plan: users may include municipalities, industries, individuals, setting information goals and objectives, developing a environmental organizations, and public agencies. The monitoring and modeling strategy and communication of regulators will include local,state,and federal government water quality information. agencies. All of these components should be completed before The degree to which each user, protector, and beginning a monitoring and/or modeling program. This regulator has a stake in the quality of a resource will af- article will describe how to develop more effective water fect how and what goals and objectives are formed. It is quality information goals and objectives. important to take the time to deal with these issues,rather than developing goals and objectives that may not ac- First, let's consider the question, "How do you set curately address the human element in the water quality water quality information goals and objectives?" Water issues being evaluated.Questions to answer include:What quality information goals and objectives are developed by are the roles and interests of each group?What constitutes defining what water quality is, who the players are, and adequate social and political support? is there a means what their specific roles and responsibilities are with (Continued on Page 33) Literature and Issues of the Holocaust St. Cloud Students in Europe It. 4 F �� 3 i E `� -wm t 11 IvOr----`.11-) Silk. lo . ,#(11111' It ., It - \ i% , 1. i 1 Illi, - .. 40114 ) "1"744.1* t 4- 4. aA, -�/06 - • ii a it � `� y j _ a'' x' 7.. s "/ ` • Professors Lynn and Scott Bryce. Behind Lynn to the left is Prague's ancient Jewish Cemetery. In the spring of 1989 Saint Cloud State Univeristy initiated a workshop titled Literature and Issues of the Holocaust. The course began with two weeks of intense daily sessions led by prominent Holocaust scholars in which Minnesota students studied the Holocaust as a watershed event in this century. The workshop was followed by an on site examina- tion of places both in Germany and Poland where Nazi ideology was most massively implemented. The course deeply involves both students and faculty in issues which, even fifty years after the event, we wish to avoid confronting, and which, at the same time, defy our most earnest desire to understand. Students are relentlessly probing and courageous as they undertake this work, for it is not an easy study. The in- tellectual and ideological issues cross all national borders. Frequently students have had relatives fighting with both allied and axis forces. They soon realize that there are no simple explanations and that we are all inextricably bound to one another's welfare. When workshop participants were asked at Auschwitz why they had made such a serious commitment to Holocaust studies, since it seemed apparent to those asking the question that none of our group were Jews, the directness and simplicity of the student's reply revealed the power of the subject matter: "We study because we are human beings:' ' f_a , # >" The Mountain of Light ; We were 125 miles from Warsaw, 18 on our way to Auschwitz 7it 4F" P A i k 12 *-- and =, Q ' I did not want to stop at41111111r- '� N. I , Jasna Gora that "Bright Hill" that "Mountian of Light" Crowd assembled, many kneeling,awaiting entrance to Czestochowa. that other Poland. II But Pavel, our driver, held out his broken wrist: he would ask the Madonna As they had waited in September 1939 to help his pain. on Bloody Monday when 300 of Czestochowa's 30,000 Jews were slain. It was give and take He didn't want to go to Auschwitz As they had waited in January of 1940 How could I say no. when thousands were beaten But just in and out and girls were violated in the synagogue. just in and out then on our way. As they had waited in August of that same year when a thousand young men We joined them: the sick, the blind, the lame, were marched off never to return. thronging the portals of the Pauline monastery, waiting for the unveiling of the Black Madonna As they waited throughout as they had waited the deportations of 1941. each day since 1382. In December 1942, was it someone - from that other Poland '4. l who picked up the postcard - thrown from the train - en route to Auschwitz ti "We are going to work. mw- w'r -r.:N... ,t=. w." )('5 .. c; Be of good heart, .::° " iw ,r�0. /""�. 0' = �.... ����r"� I don't give you ,wwwww. ii.MI jnM�MiuniGIss ,C� , f 1 our new address =--=- „. _ — TM because up to now -4' h G, ; I don't know what it will be:' As they waited that same day in December -�, - p while the lawyers and engineers °' ' " ` of Czestochowa Ghetto were I. a y _ �4 . murdered in the cemetery -- n of that revered monastery. :. , t .. 1— Had they thronged here in June of 1943 f i ,- #M during the Ghetto's final destruction? "" �. - No, I had not wanted to come to the "Mountain of Light" Students entering the gate at Czestochowa. 7,t . ".-4 .1 ot -14-"r _ � . 1 f r IV and the columns swayed How merciful I thought if I could faint. 19 Instead a thin arm bearing a tatoo from Auschwitz reached for me: It was that most unique of Poles, The Black Madonna icon reputed to be painted by Saint Luke. a Jew who would not leave his homeland, an historian III an embattled communist, traveling with us In the bright afternoon sun a short man the young white robed monks barely coming to my shoulder went about the only survivor of his family the business of prayer and he pulled me through the crowd and Pavel paid his fee until I stood for prayers for a broken wrist directly in front of the icon. Encased in a black mood Anyone else would have I wondered received my What would be the price for "You've got to be crazy" glare. my healing. But he stood, Finally the church doors opened his hands clasped, and we were pushed inside his head bowed and reverent at least it was dark as the chant swept over us I wouldn't have to stand Pray for us sinners in the sun now and and look like at the hour of our death I wasn't scowling. and the tears came I busied myself as my students kneeled trying to place my students and so they could witness I met the glance the unveiling of the Madonna of Saint Luke's miraculous icon and saw the tears We were jostled and shoved on her cheek. and soon the air was thick with incense and the ancient Latin resounded from hundreds of voices ora pro nobis peccatoribus 'Jasna Gbra, in the city of Czestochowa,is the site of the Pauline nunc et in bora monastery which houses the icon of the Black Madonna. Painted on cypress wood,it is reputed to have been a work of Saint Luke. mortis The Madonna has been depicted weeping. 9 tR,i • t rr' •, �. • • t. .!'.'9.. s. + . affil it :1 ' jet i , , 1 . 11 0 . ..,,,_ . U ti {'.'b"' ` fib I f- '`... Illf!Sie r A. js, i NI .6. , II 41ti -AIIII ! 1' 1 '# — American students assembled outside torture block at Auschwitz. oil. 1014 E American Students at Auschwitz I followed the men and women they were becoming under the gates which read Arbeit Macht Frei % they were bold, as - z - healthy, clean, ....— well dressed, even stylish. t,atc which read Arbeit Macht Frei. They had studied \ and they knew where they were going. Heavy with silence �tt` tense with anticipation, k) a `,"/%1� leaving their student selves behind, R 1 • ..- , they walked forward into the past E; '1 I into remembering, rJ ; — and I followed L .. holding in my arms ` � <- the childhoods to which they'd Buildings at Auschwitz to house and torture prisioners, 1942-45. not had time to say goodbye. . '11. "Pr"'N .. SSS '••j'j % ... a.' 1:....,:',,.,'.,k41. Po -...- ..0,.. ..4 . �_ : . ...... ,„...,.... ,ate, , . ..„....„,„. ;,.._, .,... .,...._-,.:, ,- „,.—.4„,... - ._ ,--- , ... . ._. .. e,... Exterior of gas chamber at Auschwitz. UPIiler 1iiiihillilliiiii. , • • .ti _ ; y • Interior of Crematoria .Y • �_ }. e r s i, , y • 4. h 1 Ili V 7 r 4. i Interior of gas chamber +i= at Auschwitz. The Children Came Again • 22 =-, _ t- 47 ._ .sem- i-..4..-._4.--414,--r.� r Y" • \" ,s Entrance to Birkenau. ^, , •". Birkenau: its unforgiving vastness its strangling stillness like breath inhaled and never released i One would never choose to stand here and breathe deeply. c ' y �— •-• A few slowly moving mourners and now my students , i searching _ by the pits of human ashes • _' searching - barely audibly asking: How can you walk with God at Birkenau?" ` Looking down the long roads "` "'" I pictured walking on them M -t hard from heat, frozen with snow, * millions of feet deep in mud. Our guide came and took them still searching / for what, I wondered? The essence of the human spirit? for the root of evil? for God? �''�ikummi I pondered what they had found: —that human ash had forever changed the color of the soil at Birkenau —that the exploded crematoria ti 1 •.• , ii; stood as mute memorials ' to the resistance .-.1.,r. '' `! ' —the cynical signs in the barracks 4. ` which read: ° � ! � _ •-.—,,.��, "Sauber Sein fist Define Pflicht" - Cleanliness is your responsibility- - - r , when there was no water to drink • let alone wash in. "Konigsgraben" - The King's moat; the King's Grave I watched them running slipping through the barbed wire fence to the "Sauna" _4 to "Canada" --, -----_._searching and then disappearing with our guide _ _'_T=j -"'°^� into the clumps of birches at the farthest reaches of Birkenau ., -.f ; •05 � 5, I was alone ,• _ z—'y_. ,•Yb in the silence -�. Some say even the birds don't fly here ' A wind came and I felt sickened as the ashes began to blow Chinu,eys and mens wooden barracks. Birkenau. the only moisture was on my cheek the only sound a sobbing -.7 that came instead of breath <F' But then suddenly here at Birkenau I knew a gratitude so filled with grace so warm .r- Alai for they came again "''�► ..-0°' their feet well shod their legs sheathed in denim the wind billowing their jackets 9 9 • some with arms around each other. 1 And we stood together my students, our guide, and I ,:; ; , A midst the carcasses of the d burned down barracks and watched as a stork The Sauna. Birkenau. settled into the closest chimney. ' The stork is a symbol of hope. • ktiet,..j ' M•0 ,a .. II 7t-Aiv::. ' . ,, , Barracks at Birkenau.Ten prisoners slept on each bunkt fi The vastness of Birkenau. ` z li Exploded crematoria at Birkenau. ''- ,t,. --*,-.1.1„k',.;-0a �� .. "- ^'s Field at Birkenau. We had no Flowers We had been a day at Auschwitz a day at Birkenau Now we stood in the obliterating sunlight 24 waiting for the doors of the gas chamber to open Why? What honor could we do? Even before the sun was wrested from us we had started to smother. We moved past the obscene windows built to observe the process of murder. Rigid, paralyzed with horror looking at the death scratches a '' ' on the walls ��... ;, �r � At on the ceiling • made by mothers, by little children by brothers and sisters and fathers r r1 Vis`• by grandmothers - by grandfathers American Students at Auschwitz. made by us all Yes, fill it with flowers, My heart pounded out the cadence garlands, truckloads, "...though I walk bring them under though the valley Arbeit Macht Frei of the shadow push them of death into the chamber I will fear no evil: Strew the hall for thou art with me; with petals. thy rod and they staff But, I had no flowers, they comfort me.... only these my students ...in the presence of mine enemies...:' pale, young, strong. Thousands of miles Miraculously, my eyes still opened; from home. my ears still heard. alone in the gas chambers Our guide was saying of Auschwitz. "and here we should Forever changed place flowers:' ':..my cup runneth over...:' . _., , ,._., .... _ .. . _ . ,.....,,____ ....„.....„, _ _ A MIIDCURA „4...,,,,..„......,.Nlilkt ..:.>- • -_ - .-...t. .....,._-._ �..3� L � - • '1 .,., ,►. ^-,spa-K' y .+ -3a4 "� - •/ v` £ 25 v_.... I - 40 it ar. 4, - - to r, � -e. t :;;rte .e-- a ia a - vim`.- ,rye - . Y'.. . _ a' _ .e -Ai..-.1 ..e+. } ..Mei - ` Y t'`. 10•'14 -- • • . _ �. '. i. AY.a.. 4 as _ Aerial of Mudcura Sanitarium, Shakopee, MN from a postcard. Mudcura Sanitarium By Joseph Huber, Michael Huber and Patricia Huber Ole Rosendahl informally started what was to become Mudbaden around the turn of the century, i.e., he gave treatments in his farmhouse.He built additions to his farm- Mudcura,commonly known as Assumption Seminary, house and in February 1908 went under new manage- sits on a rise just north of Highway 212 between Shakopee ment. Dr. Thenus M. Larsen,a graduate scientific masseur and Chaska. It was one of three mud bath sanitariums that (chiropractor) from Denmark, was a member of the new operated in the Minnesota River Valley. management. By October 1908, Dr. Larsen was also listed as the Vice President of Shakopee Mineral Springs Co. When we first decided to write articles on the mud (Mudcura)which had been started by Dr. H. P. Fischer of baths we wondered if there was something unique about Shakopee. In 1913 Dr. Larsen bought Rosendahl Sulphur the geology of the river valley around Shakopee.The on- Springs(now Mudbaden). It is unclear whether Dr. Larsen ly mud baths that we are aware of in Minnesota are within stayed on at Mudcura. 10 miles of each other. One between Shakopee and Chaska (Mudcura)and the other two between Shakopee Dr. Henry P. Fischer was born in Formosa, Ontario, and Jordan (Mudbaden and Jordan Sulphur Springs). the son of Michael and Katherine Fischer.2 A graduate of (There was another proposed mud bath at Belle Plaine Detroit Medical College,Dr.Fischer came to Shakopee in around 1912 by Dr. Heinen of Minneapolis.We could find 1894, according to his granddaughter Betty Buss. He liv- nothing that would indicate that it was ever built?) ed in a house on First Avenue in Shakopee and had a prac- Geologists and related specialists we talked to did not have tice above Deutsch's Drug Store. He returned to Kitchener, any answers. There is some agreement that the water is Ontario, where he had received his pre-med education, not deep water, but comes through materials left by the to marry Wilomenia(Minnie)Huck.The couple returned -�gllaciers.This material is capped above and below by layers to Shakopee and several years later they bought the house dt.iock or clay and ends as the land drops into the valley. at the corner of Holmes and Second Avenue where the As the water runs through this rubble it leaches the First National Bank of Shakopee now stands. The family sulphur out of the shale or buried organic material as a lived in part of the house and used another part for Dr. mineral. Fischer's practice. A patient came in one day to tell Dr. Fischer about ,s.-- - 0 ,' , z::',-?''4';' ; the springs on the bluff across the riven When he went r'` 0�' ' t • !" - s w' P . to look at the springs he was excited by what he found 1 4• "=' t _ _ ' ,.,; -sulphur mud.He traveled around the U.S.looking at how - .. ''�s ,t :.r�,„' others had set up sulphur mud bath sanitariums.He then '" . aq s*� ty, returned to Shakopee to set about opening his own a't_.. sanitarium.By the time the sanitarium was ready to open, Dr.Fischer's brother,Dr. Peter M.Fischer,had graduated - 26 from Michigan Medical School and moved to Shakopee. Dr. H.P. Fischer sold the house and his practice.to his brother and moved his family out to the sanitarium. Dr. �'1:111. P.M. Fischer would eventually open the first hospital in isf.Shakopee in that house.2 'i r The Henry Fischer family is pictured while still liv- ,_ ing in Shakopee (see photo 1). Photo 2:Waterfall at Mudcura. - v-' '''-k.-,. i ••_. 4, ' s ...-. -fa tib s1(� r - f 4.43 '',a_ 11-•••V 4 a i4'"' 1%, ,A, - )....1 _ ‘-‘e i ____:70... .41- ,j---...iii—? —.aim -, - -0,' . s• Phe,tu 3: 'NIanunr,th cement bottle' for the spring. Photo 1:The Henry Fischer family;left to right,Henry,Marie,Georgina, Jerome (Jim),Wilomenia(Minnie)and Antoinette. In 1908,Dr.Fischer and his wife bought the Cameron _ farm with the sulphur spring and mud. They then sold ;ri ..� it to the Shakopee Mineral Springs Co.in October of 1908. P, <<. •- .--T im77 Dr.Fischer was the president of the corporation,Dr.Larsen r l iota.111 WI §J^A i and Fred W. Goodrich the secretary- i ' the vice president - MIStreasurer. The site was described as 120 acres (half of '4. which was mud) with three "palatable" sulphur springs, ,'. -SUL Pl.UR 9PRMaoy one iron spring and one pure water spring. It also had ,eiugcurra ssiicrara;zivrr - a well known trout stream, which the DNR now says is " 31eAKPP N N. the last natural trout stream in the metro area. Photo 4: Gazebo with cement bottle enclosed. The building was started the second week of The only major changes to the grounds were that one November 1908 with Arthur C. Clausen of Minneapolis of the spring fed ponds was dammed to make a waterfall, as the architect.The corporation started out with$50,000, which provided the power to get the spring water into the but by December 1908 they were advertising for another building(photo 2).They also built the"Mammoth cement $20.,000 in preferred stock.4 At this point, with only the' bottle" for the spring(photo 3). This was later built into foundation completed, they were calling the facility the a gazebo for the patients (photo 4). Swastika Sulphur Springs Sanatorium. The architect's rendering(photo 5) is the only guide and every new patient had a physical. Advertising post- that we have as to what the original building looked like. cards from 1909 proclaimed that the baths were good for: At this point we have not found any real photos of the rheumatism, gout, neuralgia, asthma, skin, kidney and original structure. Shakopee Mineral Springs' original nervous diseases.Treatment to dry out alcoholics was also structure was completed the middle of July 1909. The added at some point. Jim Fischer, Dr. Fischer's son, was main building was three stories high and about 80 feet an alcoholic and a driving force in AA in Minnesota. He square. The bath area was at the left-rear of the main was instrumental in having Mudcara used as an early building and was 40 feet wide and 110 feet long.The men's alcohol treatment center. bath was on the west side and the women's bath on the east. (The only details of the original building are the ar- Treatment was started with a horse drawn wagon.The 27 chitect's drawing and a description in a newspaper arti- mud was loaded on the wagon north of the springs and cle done just as the foundation was completed 5). When driven across the small bridge over the falls (photo 11). finished it was called Mudcura, even though they still had It was off-loaded in a bin in the basement of the treat- a decorative Swastika in the main office. The building ment wing(photo 12). The mud was then taken upstairs, had its own cigar and newsstand, smoking room and put in a machine that pulverized and steam-heated it for barber shop. The bath department has mud, bath, cool- the patients. The patients would start their treatment at ing and dressing rooms for both men and women. From about 6 a.m. Florence Greening, who worked at the the newspaper article,it sounds like there are 27 bedrooms sanitarium, said some of the North Dakota farmers who (photo 6)and could handle 40 to 50 patients (depending were patients would be ready and waiting by 5:30 a.m. on the source).8 The room and board was$15.00 to$25.00 A canvas covering was put on a rattan bed and covered per week, depending on the location of the room. The with mud. The patient would lay on this and then be Fischer family also lived there, but we don't know how covered to the neck with mud. The canvas would cover many of the staff lived on site.4 A 1910 newspaper ad them to keep the heat in (photo 13). Dished metal beds shows Dr. P.M. Fischer(Henry's brother)also living at Mud- were used in later years(photo 14).The patient would be cura, but by 1911 he was back in Shakopee. The family in the mud for at least one-half hour. There were also residence(photo 7)was completede and the family lived "buckets"that would cover a patient's leg up to the knee there until they sold the property in 1951. with mud for those who didn't want the full treatment. The patients would then be hosed off and put in a hot According to Susan Dreydoppel8 the building was sulphur water bath (sulphur water was the only type us- remodeled by 1912.This is the way most people remember ed at the facility).After the bath the patient would be dried the building(photo 8). Shakopee papers covered parties and wrapped in a blanket to cool off (photo 15). They and cattle awards at the facility but did not mention the would receive a massage before returning to their rooms expansion. Susan Dreydoppel also speculated that the to dress and go to the dining hall for breakfast. Fischers bought out Dr. Larsen and Mr.Goodrich by 1926. But according to his obituary,Mr.Goodrich was treasurer- When Mudcura was busy,it had a capacity of 100 with secretary of Mudcura for several years.? Perhaps the the larger building, the treatments would go on into the Fischers bought out Mr. Goodrich and Dr. Larsen when early afternoon. Other parts of the treatment included the new building was completed and as Dr.Larsen return- drinking lots of sulphur water and electric treatments.We ed to Mudbaden. have not found out what those entailed. During the day the patients would relax,walk on the grounds(photo 17), By February 1914 the dormitory for workers was com- play lawn sports or cards and retire early for the next day's pleted. In a small announcement it was called the "Helps treatment. Some patients would ride with the chauffeur, Hall and Nurses Home': It had 25 rooms with a separate in the afternoons, into Shakopee and relax around town. heating plant and bath rooms with hot and cold showers.8 During the winter patients ice-skated on the pond(photo The men lived on the first floor and the women on the 18). second floor. (photo 9). Also in 1914 Dr. H.P. Fischer's brother started expansion on the"How place"for the first The recommended stay was three weeks, but many hospital in Shakopee.9 Both H.P. and P.M. (the brothers stayed less. Some even came in as out-patients once or always used their initials) used the "How place" as their twice a week. Most patients came once a year and those residence and their practice site. with worse symptoms often came two or three times a year. Dr. B.F. Pearson of Shakopee worked at Mudcura from about 1939 until it closed in 1951. He said most of the pa- Dr. Fischer did not involve himself in the treatments tients who came for the mud cure had some form of ar- much. There was a physician who managed the thritis or sciatica. Dr. Pearson did all the physicals treatments, another physician who did the physicals and z 5 HAKOPtt P\.1/'1RAL SPRIT( '� SAI'►ITAR[L.7'"` R 1'1 HP.KOPI✓;✓ /"1.l ,=:;""OTA I •"� • w m -i, — 1911P +- J� t illi �; -� Lei I y i i }Y t, — ■ _ R Photo 7:The Fischer family residence. r_ -- =� -siiiii0 ART1-1VR C`L rS /S+jzLH1T!✓C..T. x 1% Photo 5:Architect's rendering of Shakopee Mineral Springs Sanatorium. ''.. i i . ,----..f. :77 t------p- Liu- --i n ,,. ' o � { — " SII, 111 =MEOW zr, 11111 ar ' rv — I Vi - !.111 T t Y� • �- s ' . ' < .y�,y c. a -_ �Ji Photo 6:One of 27 bedrooms .�.- " '°L --,r"--, --,„:%1 - c. %" ` Photo 8: 1912 remodeled main building. • .., ir.— ,.., .,,,:ii,"(::'..i.,i —..........ffif'.7,0"" f 4.` c Photo 10:Cars outside Mudcura. II__ 1111111,111 rig IMP" =Y - ' I t 1t Wi raliPL - - $ — :- _ Photo 9:Dormitory with men on first floor and 1 1, �{ women on second floor. , Yr :r'7 V fig+ 1 s _ _ xi t ' illi _- M"r :...4...-- -..,:--z, ,. � r , h i \V:34it • .17------ A { r \\ • • __ ° j - \ a - __ Photo 11:Small bridge over falls. - • fit.. Photo 12:Mud being off-loaded to a bin in the basement of the treatment wing. • .sx i A 41111$ ! 4 . • 4 r • 11 1 C.\ R ' Photo 13: Patients coated with mud and covered with canvas. • i -4-.14ftiummisi Photo 14: Dished metal beds. men's baths. 011111 -- *11 1t' ' 'tr-t • 11 I - 1. irk. ■_ .40 ) 4 . - �,• , - or- ./'f1,,,,.//i •• "sem • Photo 15: Patients wrapped in blankets to cool. Photo 16: Ladies'bath. a chiropractor who managed the massages.By 1921 Mud- ' cura also had its own dentist, Dr. Sandin?c I ''' • It ._a + • t °'E y"., Mudcura's advertising went through several stages. ••' •,t".- -� ' ;`a.- , There were professional notices in the newspapers,essen- ' tiallybusiness cards on the front page of the papery' 12 13 - ra- PS PP .*.' These appeared in 1910, 1911,and 1912.There were also print advertising postcards, which apparently were sold at Mudcura and the patients would write friends and w 30 relatives about their stay.Mudcura also had photographers - make photo postcards of patients and staff to send out :f- Y. (photo 19). During 1914, a Dr. Watler Weimers wrote - b A a series of articles called `Materia Mudcura': They were ;' _.. mostly testimonials given by patients about their stay or .. _ - -- a note that they came to Mudcura. These one-sentence - statements always gave the person's name and hometown. - r-- �� They were also used to give short announcements about 1 ` the staff. Some examples: ; i 1 I Mr. S Slimmer, the St Paul cattle buyer claims the _ „- , ,_ _.L 1'. mudbaths are the stuff for his rheumatism. Muocuaq-, " -1.: *M • --17 �.SANITARIUM - Mr. L.C. Sutmar of the firm of Lindeke, Warner and ' `,'t t Co.,St.Paul says: 'A mud bath now and then, is relish- � -5 Wi ' ,__ ., . ed by the best of men': i_:, o Mr.P.S. Tiedeman and Perry Peterson of Verona,N.D. \ ' } '`-_ say that they would rather be in the hot mud than to - 'S._. `.\;- ," be home in the North Dakota weather. =: ---. Miss Ruth Pickrell, the six-year-old patient from N '�` 4' Canada, who has been suffering with rheumatism, is `.. _ ,,-=z ;� -- happy over her attempt at walking. She walks with _ ms's `�' very little assistance. ti - ; These articles also give an indication of the range of y` r patients that used Mudcura. Besides coming from all �, �ztzia 4 r•' around Minnesota, they mention the following areas: 3 . •: Alaska,Colorado, Iowa,North and South Dakota,Wiscon- ,4-Lie':% *-'J •'''.T ' sin and Saskatchewan?1 Patients came by road or rail. g� ,- Train passengers arriving in Shakopee were chauffered • (photos 20,21)to the Sanitarium along"lover's lane"(now ••4r4 : ; Highway 169)5 through the river bottoms. - - -•n n:/`J. riPARN Advertising appeared in local papers listing what Mud- x.:10 r • ---- --2-`- - ',;1---z •_.7- 19.14i4Iva cura had to offer.12 In 1924 there was a large Christmas �r - � : greeting in the Shakopee paper14 It is not known if this advertising was regional or just local. We have see one + i < .: toga , , i y,, brochure advertising Mudcura. There is no date but it is > '' �t.si, t from the later era as it shows the metal dish beds. Y, . a... •,,.7:, ,•, An indirect way of advertising was in form of Mud- . _4a r: ' `:f i f` ` r o ea,Irr�''• ±£ • tura-sponsored social and community events.From 1910 t! 1w,s ~moi . -` `'4 _. .:pit to 1915 the Shakopee papers report on Mudcura's football �' ; ;7 '-t • Yt. �- , team,called the"Mudcuras"or the"Muds':It is not clear • T' 'ft• N whether these were adult teams or high school teams. �. _ They played both high school teams and town teams from �, -v-:.--,1 - :' = _ •_ 1• -----1 `` "" - .�1. ,<----•� T'� �f� '�� •`tom r-' . ti 1 t - t ' r 1 Photo 17: Patients relaxing on the grounds. ,I 31 Photo 18: Patients ice skating on the pond. i rr Ink, ` ` ✓ Photo 19: Postcard of patients and staff. Photo 20: Dr. Fischer's automobile 4 • 'f eI for transporting train passengers. 1,, •• e. , ,..-,- y. Photo 21: Lovers'Lane, from a postcard, I t u �!u now Highway 169. 1 A 3 I I 1• tI l.: 1 _`- ,i Photo •Dr. Fischer's prize-winning Holstein cattle. ---0- �. -- .,. - ` Photo 23: Postcard of staff of Mudcura. ` *� • 4 the Twin Cities and from as far south as New Prague.These Dr.Fischer's other interest was his prize-winning farm newspaper articles were few and it is not known if these animals.He won many state and local prizes for the farm games happened on a regular basis13 In 1911 the Mud- animals he raised. His Belgian horses were used to haul curas had a baseball team in the Carver County league?5 the mud, and his poultry were used in the Mudcura kit- Parties were another regular occurrence at Mudcura.The chens. His prize-winning Holstein cattle provided the Fischers sponsored many teas,socials and New Year's Eve sanitarium with milk and cream (photo 22). One of Dr. parties that were reported in the local papers16 In 1916, Fischer's Holstein heifers, "Princess Aaggie dot Dr. Fischer gave a party at Ramsey Park near Redwood deKol", set a world record for milk production. It was Falls for graduates of Mudcura??As early as 1926 Mud- 797.7 pounds of milk in seven days.In a 365 day run,she 32 cura had a golf club with member from Shakopee and produced 31,600 pounds of milk and 1315 pounds of but- Chaska.They had a contest between the two towns to see ter. Dr. Fischer was the president of the Scott County who could get the most new members. Chaska won. Agricultural Society and vice president of the Scott County Newspaper accounts did not say where the golf was Farm Bureau.23 played,but in a 1931 article it sounded like the course was at Mudcura 18 In 1924, Dr. Fischer sold at auction 60 head of Hols- teins, including "Princess Aaggie Polkadot deKol" for Mudcura also had some in-house happenings. In $24,790.The auction was held in the garage at Mudcura. August 1929 Dr.Henry Wunder,the Mudcura house physi- Buyers came from as far as St. Louis. Missouri. In July of cian, and Cordelia Pond, a technician at Mudcura, who 1930 the barn housing his herd was completely destroyed was the daughter of E.J. Pond, were married in the by a fire started by "tramps", it was thought. Forty five Presbyterian church her grandfather,Samuel Pond,found- head were saved. At the time 14 cows were under pro- ed 19 In March of 1912 a $600 diamond stud was stolen duction tests, being milked 4 times a day.24 from Henry Dayfeil while he was taking the cure.He went up to his room after his morning treatment and the dia- After 1933 Mudcura disappears from the Shakopee mond was gone.Charles Kopp"the efficient sheriff in brain newspapers,except for major events such as Dr.Fischer's and nerve of Scott Co:' was called in. Sheriff Kopp went death and the selling of Mudcura. On January 17, 1940 under cover as a patient,and working with Sheriff Gates Dr.Fischer was getting into his car on Lake Street in Min- "the clever Sheriff of Carver County;'they determined that neapolis when he was struck by a passing motorist. He a Mr. Charles Vickery of Chaska was the only patient to received a broken arm and leg. His condition was made leave Mudcura the day of the robbery. They traced him more life-threatening by a chronic heart condition.He died to St.Paul and learned that he was coming back to Chaska one week later on January 24, 1940 at the age of 69. At the following Monday. At Mr. Dayfeil's request, they call- the time of death,Dr.Fischer belonged to many medical, ed Capt.Clark of the St.Paul police department to"sweat religious and agricultural societies. Mr. Vickery" about the diamond. They told him they would not prosecute if he returned the diamond, which In 1951 the Fischer family decided to sell Mudcura. he did. They then promptly turned him over to Kansas It was announced in April that the property would be sold authorities where he was wanted for more serious to the Black Franciscans, Order of Friars Minor Conven- charges.20 tual,Our Lady of Consolation Provience,Louisville,Ken- Ipatient from South Dakota disap- Ken- tucky. It would ultimately be called the Assumption In November 1925 a peared from Mudcura and Sheriff Weckman from Shak- Seminary.25 The Seminary functioned until 1970. It ran Shak- a seminary college associated with St.Catherine's and St. opee made an extensive search. The man's body was Thomas' Colleges in St. Paul. They also continued the found several weeks later by some hunters on the north dairy farm with a registered herd.6 side of the swamp.The man had apparently cut his own throat with a pocket knife,which was still "clasped tight The seminary sold the property to the Marian Court- ly" in his hand.21 cil Home Association as a possible retirement home for In June 1925,Mudcura was hit by a"real Kansas tor- the Knights of Columbus. The retirement home did not nado':The storm went through Shakopee first and ended happen. In 1976 the Marians sold the property to the '- up doing a lot of damage in Chaska. Mudcura suffered Chanhassen Springs Co.This was a group of attorneys who---- about $20,000 worth of damage. One resident survived bought it as an investment.There was concern during this as the garage collapsed around her car as she was sitting period that the building would be burned and cleared.The in it.Another patient had just left his room as the smoke dormitory was burned by the Chanhassen Fire Depart- stack crashed through the roof. Dr. Fischer and Larry ment for practice in fire fighting. In the fall of 1990 the Hunter, one of his assistants,both received broken arms Chanhassen Springs Co. sold the property to Leland as they tried to close a second floor door.22 Gohlicke of Stillwater. Mr Gohlicke plans to restore the buildings and turn them into a business retreat with bed and breakfast facilities.They also plan to bring back a mud ` bath spas M Note:Except for the initial announcement and advertise- , . ment for a stock offering,the Chaska paper did not follow v happenings at Mudcura,26 Photos and postcards from: .. j t "• • , Florence Greening, Mable Menden and Joe Huber 7 A." �} � �r�. }`�a •� 33 I.Belle Plaine Herald,July 4, 1912;Shakopee Tribune,July 12, 1912. / f f'"!!' 2.Shakopee Argus-Tribune, Jan,25 and Feb. 1, 1940. tifi j' i1111!. 3.BettyBuss (Dr.Henry Fischer's granddaughter)personal communica- 1"< lion,April 1992,Shakopee, MN. 4.Shakopee Tribune, Dec. 18, 1908. ` 5. The Minneapolis Journal, Nov 15, 1908. Joseph Huber 6. A talk by Susan M. Dreydoppel, Administrator. Carver County Historical Society,at the Chaska Historical Society annual meeting, Joe Huber was raised in Shakopee and has an intimate Sept. 26, 1984. knowledge of the valley and its river. He is a Licensed 7.Shakopee Argus Tribune, Sept. 7, 1933. 8.Shakopee Tribune, Feb. 13, 1914. Pschologist. When not working at his profession, he has 9.Shakopee Tribune, Sept. 18, 1914. many interests, including history and genealogy. 10.Shakopee Tribune, Dec. 15, 1921. 11.Shakopee Tribune, Feb.6,Feb. 13,Feb.,20,Feb.27,March 6. and April 24, 1914. 12.Shakopee Tribune, Dec. 14, 1922. 13.Shakopee Tribune,Oct.28,Nov 11,and Dec.2,1910 and Nov 15.1915. 14.Shakopee Tribune, Dec. 18, 1924 15.Shakopee Tribune, May 19, 1911. 16.Shakopee Tribune, Jan.24, 1913;Jan.5, 1917;June 16. 1921;Jan. 5. 1922. 17.Shakopee Tribune, ,Sept. 8, 1916. lk i 18.Shakopee Argus-Tribune,April 14,May 19,June 2,1927;April 2.1931. 19.Shakopee Argus-Tribune, Aug.8, 1929. + 20.Shakopee Tribune, March 8, 1912. 21.Shakopee Tribune, Nov 5, 1925. •t_ 22.Shakopee Tribune, June 4, 1925. + j 23.Shakopee Tribune,March 3,June 9,Dec. 15, 1921;Jan.26.Marchf".4k. . : g . 9,June13,Oct. 19, 1922,Aug.25, 1927.Scott County Argus, Sept. p4-; 13, 1918;Jan. 13,Sept. 5, Dec. 5, 1919. * .." 24.Shakopee Argus-Tribune, July 10, 1930. � ; »e.` 25.Shakopee Argus-Tribune, April 16,May 3, May 17, 1951. ir.::A'•i� Tr •.• �a A\ ' 26.Chaska Weekly Valley Herald, Nov 19,Dec. 17,Dec.24 and Dec. 10.11L1 tt' >w -' �* 31, 1908. 1. tott, a :� Further references: Michael and Particia Huber Dr. B.F. Pearson (physician at Mudcura), personal conversation, May 1992,Shakopee,MN. Michael and Patricia Huber live in Shakopee where Florence Greening(nurse at Mudcura), personal communication. May 1992,Shakopee, MN. they are employed by Shakopee Services Inc.The couple Shakopee Tribune, Oct. 16, 1924. share interests in local history and photography. They, Shakopee Argus-Tribune, April 25, 1929. along with Joseph Huber, Mike's brother, Scott County Argus, July 23, 1909, and Shakopee Tribune, July 23, p;ublisheda 1909. photo history book of Shakopee's early days. BothhMiMike Shakopee Tribune, Jan.21, 1910 and March 17. 1911. and Pat grew up in Shakopee. They have two children, Keith Thaves, Jordan, MN Heather 10 and Mathew 8. (Continued from Page 16) All of the above information can be used to develop of measuring the social and political support present?Does a specific definition of water quality as it relates to your support have to be generated to attain the necessary in- project. Note that it probably will not be an easy task. volvement of the different players?What are the socially acceptable and unacceptable land uses in the area? Are A summary of this information is available from Greg there cultural and/or institutional perceptions that must Johnson, MPCS-NSS, 520 Lafayette Road, St. Paul, MN be overcome to implement change? 55155. a . ''..- bt f AO 'MN. Most of us would not recognize a loi,i, fen if we were mired to our knees l �It Are Y,,•; ' Ni; therein. From such a vantage, however, l lti . , ` 1t- ,,, , F `4, I, we would be privileged to discover that + b Jr, we keep the rarest of company. + A 4 Floral denizens of the fen include ' f ravishing beauties of very discriminating �, ii. +° "' ,41,;14 taste (for calcium.rich soils) and ,, � • 14 diminutive, reclusive and ephemeral '' 4 r 0 ' cohabitants who number among them Tit ,+\ ii an unusually large proportion of rare $ y i*if and threatened species. Indeed, this 14. +s 0 , 4 habitat, entire, is one of the rarest and ' j 1 most imperiled of wetlands. iij J: I . 4, �li 4 + # Y s Ii i . ' ' '. .. 411 Or 40 .fir. •s r , * 1 ; ar, 1 / F ► , lik 1,$.71.11. .I 41 Pk' * 4 i Nodding Ladies'Tresses is a small native orchid,not Mk � � uncommon,but easily overlooked. % I .... / , 7 44 4, - 11 Int; .011 Beauty in the Fen By Malcolm B. MacFarlane + • 1 The Lesser Fringed Gentian is a late bloomer, d sometimes lasting until the first snows. •• 4r - Iff ,41t. 41 frier 41 t ,,$#' / Tip,/ / ''"'" gr.,44110b, iiim7,0: • so '''.. ,,..---.‘`,401111 \L' 35 ! pi.was . `'y , , /. Aro—* :........ikik /1/1"/ A ,e' *e. f— I VN 1. . I a Grass of Parnassus is a characteristic species of the calcareous fen. Several fens may be found in the lower Minnesota River valley where calcareous springs come to surface in suitable wetland basins overlooking the river. One in Savage is a state designated Scientific and Natural Area. Another, near Shakopee, is the site of an historic mineral springs spa. Others, just as remarkable, remain unacknowledged and unprotected, sheltering rarities such as these, perhaps only a few paces beyond your own back yard. The small White Lady-slipper once was common in prairie wetlands throughout southern and western Minnesota. Currents takes pleasure in presenting the following Henry David Thoreau [1817 - 1862] 1861 letter of American critic,Transcendentalist and non- conformist, Henry David Thoreau. A close friend of on the Minnesota River Ralph Waldo Emerson, the spiritual descendant of Jean Jacques Rousseau and the author of the individualist American ideal, Walden (1854), Thoreau, in search of in the current, and completely blocked up & blockaded health, visited Minnesota one year before his death in the river, one end of the boat resting on each shore. And 36 May, 1862 in Concord,Massachusetts. It was the climate yet we would haul ourselves round again with the windlass of Minnesota about which James Goodhue had written &cable in an hour or 2, though the boat was about 160 so eloquently that attracted Thoreau. Accompanied by feet long & drew some 3 feet of water, or, often, water his young friend Horace Mann, Jr., Thoreau awakened and sand.It was one such consolation to know that in such hopes by local developers that the famous American a case we were all the while damming the river&so rais- would describe the West [Minnesota in particular] the ing it. We once ran fairly on to a concealed rock, with way he had New England. However,the journey was his a shock that aroused all the passengers, & rested there, last and what he had to say was the following excerp- & the mate went below with a lamp expecting to find a ted letter to his friend and biographer, F. B. Sanborn. hole but he did not. Snags & sawyers were so common Red Wing, Minnesota that I forgot to mention them. The sound of the boat June 25th 1861 rumbling was the ordinary music. However, as long as the Dear Mr. Sanborn, boiler did not burst,we knew that no serious accident was likely to happen.Yet this was a singularly navigable river, more so than the Mississippi above the Falls,&it is owing After spending some three weeks in and about St. Paul, St. Anthony, and Minneapolis, we made an excur to its very crookedness. Ditch it straight, & it would not sion in a steamer some 300 or more miles up the Min only be very swift, but soon run out. It was from 10 to nesota (St. Pete's)River, to Redwood, or the Lower Sioux 15 rods wide near the mouth&from 8 to 10 or 12 at Red Food. Though the current was swift, I did not see a `rip' Agency, in order to see the plains &and the Sioux, who on it, &only 3 or 4 rocks. For 3 months in the year I am were to receive their annual payment there. This is eminently the river of Minnesota, for she shares the told that it can be navigated by small steamers about twice Mississippi with Wisconsin,and it is of incalculable value as far as we went, or to its source in Big Stone Lake, & to her. It flows through a very fertile country, destined to a former Indian agent told me that at high water it was be famous for its wheat; but it is a remarkably winding thought that such a steamer might pass into the Red River. stream,so that Redwood is only half as far from its mouth by land as by water.There was not a straight reach a mile In short this river proved so very long and navigable in length as far as we went, — generally you could not that I was reminded of the last letter or two in the Voyages see a quarter of a mile of water, & the boat was steadily of Baron la Hontan(written near the end of the 17th cen- turning this way or that. At the greater bends, as the tury, I think) in which he states that after reaching the Traverse des Sioux, some of the passengers were landed Mississippi(by Illinois or Wisconsin),the limit of previous &walked across to be taken in on the other side.Two or exploration westward, he voyaged up it with his Indians, three times you could have thrown a stone across the neck & at length turned up a great river coming in from the of the isthmus while it was from one to three miles around west which he called 'La Riuviere Longue' & he relates it. It was a very novel kind of navigation to me.The boat various improbable things about the country & its in- was perhaps the largest that had been up so high, &the habitants, so that this letter has been regarded as pure water was rather low (it had been about 15 feet higher). fiction — or more properly speaking a lie. But I am In making a short turn,we repeatedly and designedly ran somewhat inclined now to reconsider the matter. square into the steep and soft bank, taking in a cart-load of earth,this being more effectual than the rudder to fetch The Governor of Minnesota (Ramsey) — the us about again;or the deeper water was so narrow&close superintendent of Indian Affairs in the quarter, — & the to shore, that we were obliged to run & break down at newly appointed Indian agent were on board;also a Gem least 50 trees which overhung the water,when we did not man band from St. Paul,a small cannon for salutes,&the cut them off, repeatedly losing part of our outworks, money for the Indians(aye and the gamblers, it was said, though the most exposed had been taken in.I could pluck who were to bring it back in another boat). There were almost any plant on the bank from the boat.We very fre- about 100 passengers chiefly from St. Paul, and more or quently got aground and then drew ourselves along with less recently from the North Eastern states; also half a a windlass&cable fastened to a tree,or we swung round dozen young educated Englishmen. Chancing to speak with one who sat next to me,when the voyage was near- earnestness, and therefore of eloquence. The most pro- ly half over, I found that he was a son of the Rev.Samuel minent chief was named Little Crow. They were quite May, & a classmate of yours, & had been looking for us dissatisfied with the white man's treatment of them&pro- at St. Anthony. bably have reason to be so. This council was to be con- tinued for two or three days—the payment to take place The last of the little settlements on the river,was New on the second day—and another payment to the other Ulm, about 100 miles this side of Redwood. It consists bands a little higher up on the Yellow Medicine(a tributary wholly of Germans.We left them 100 barrels of salt,which of the Minnesota) a few days thereafter. will be worth something more when the water is at its lowest, than at present. In the afternoon the half-naked Indians performed a 37 dance,at the request of the Governor,for our amusement Redwood is a mere locality,scarcely an Indian village and their own benefit & then we took leave of them & —where there is a store&some houses have been built of the officials who had come to treat with them. for them.We were now fairly on the great plains,and look- ing south, and after walking that way three miles, could Excuse these pencil marks but my inkstand is see no tree in that horizon. The buffalo was said to be unscrewable & I can only direct my letter at the bar. I feeding within 25 or 30 miles. . . . could tell you more & perhaps more interesting things, if I had time. I am considerably better than when I left A regular council was held with the Indians, who had home, but still far from well. . . . come in on their ponies;and speeches were made on both sides thro'an interpreter,quite in the described mode;the Yours truly, Indians as usual,having the advantage point of truth and Henry D. Thoreau Currents Subscribers The IRBIL LOON or Members of the Scott County Historical Society --0------ A 10% discount is available for you at the gift shop at Historic Murphy's Landing. �._ -= Give your name and status to shop — .,0.-:'=��.•� :,=...!,.•� attendent. `'- „%-....:71,.,:--z-,:::: .0 . . ` �� . k 1�'` rt•`O.O•S•C•O.O.O,.:O..O..E C O ♦.N•O O O O O C O O C O •.•.x•.•1.•1 • Wayne's a book store and rlt<�rc Furniture Service Center 14495 South Robert Trail ❑ Rosemount, MN Bellell12East State e Plaine. MN 612-873-6408 ki ,i,, LETSSTOP TREATING z4 OUR SOIL LIKE DIRT 4.�41+WRD5.•V Land Stewardship Project • 14756 Ostlund Trail N. • Marine,MN 55047 • (612)433-2770 -.!4 Currents' Thanks You Minnesota Humanities Grant to Currents The Scott County Historical Society in October, 1992 was awarded a $6,000 grant to pursue a project entitled "Native American Voices: A Series of articles by Dakota Native Americans:' The funds will be used entirely by the Scott County Historical Society's journal, Currents,to bring to its reading public cultural-sociological commen- taries about the lives, history and fate of the Native Americans who inhabited the region which Currents takes as its domain for subject matter. In all cases the narratives will be the candid outpourings of these Americans, 38 along the lines exemplified by Gary Cavender (Shugida) in "Memories of war with the U.S.A:' as published in Currents:A Minnesota Valley Review, Vol. II. No. 3, 1992. The project director for the grant is Currents' publisher, Margaret MacFarlane.It is designed to run for two years beginning now and continuing until the end of December, 1994 when the series about and by Native Americans in the Minnesota River Valley is expected to conclude. The editor, publisher and Scott County Historical Board of Directors express their appreciation to the Minnesota Humanities Commission for its support. Contact Cheryl Dickson at the Commission, 26 East Exchange St., St. Paul, MN 55101-2264, Margaret MacFarlane. Art Design, 4890 South Robert Trail, Eagan, MN 55123 or the editor, La Vern Rippley at St. Olaf College, Northfield, MN 55057-1098. Rahr Malting Company Gift Currents received a most generous gift of$5.000 from Rahr Malting Co.This is the second year Rahr has assisted us in this effort. We are encouraged by the fact that other entities are following their example, some in much smaller ways, but fitting their individual abilities, and demonstrating their belief in Currents'worth. This is the special value that comes along when a local industrial concern the size of Rahr takes note and assists an effort the size of Currents. We thank them. The Stans Foundation Acquaintance Gift "I'he Stans Foundation gave Currents a gift of 50 subscriptions to libraries and 25 to hospitals in the Minnesota Valley to help acquaint the region with the publication. Two have already extended their subscriptions beyond the gift period. This introduction of Currents itself is the very best way to get to know the publication. Again, our thanks. One by One. . . . Individaul efforts to assist Currents'growth arrive through the mail and the phone and are most appreciated. Offers to take a picture of an author we need, or to cover an event several miles away is an enormous help to a small staff. Currents' family has many photographers, and each is greatly appreciated. Subscriptions are Currents'life blood. Our list has been growing steadily since our first issue. Most rewarding of all,renewals have also arrived in an even flow.We seldom lose a subscriber. Currents must be finding its"place" and doing its "job" or it could not keep your respect. Your invitation to come into your home again is a most gratifying evaluation of our efforts. • An assemblage of historic homes and buildings r. �=^yi• on 87 acres along the Minnesota River '•'' . Costumed interpreters, through narration, demonstrations, and crafts portray the daily life of the early settlers. One mile east of Shakopee on Hwy 101 :.. • 612445-6900 J Adults $7.00 Tykes,5 yrs&less,FREE :' Students, 6.18 yrs & Seniors, 62 yrs + $6.00 s '`+ Reservations required for groups of 25 or more :' � MURPHY'S LANDING • A Living History Museum of 1840 - 1890 SEND FLOWERS Native Minnesota Wildflowers photographed in their natural habitats. Y x _ - ' Fr .,-.1_te/ Boxed Sets of Folded Notes with Envelopes. ..,,Z'' !' - , ) Choose One Of Our Assortments -- /„... \' � ; ' ,' - a..-,..,114 , Early Spring - 6 designs/2 ea. "° ► tc- $10.50/12 cards& envelopes `� /' Includes: Dutchmen's Breeches, Trout Lily, Trillium, Bloodroot, .. Marsh Marigold, Pasque Flower `~ +� +�& —Wild Orchids - 9 designs/1 ea. $8.25/9 cards &envelopes / Includes: Early Coral Root; Showy. Yellow, Rams-head & Pink Ladyslipper,Rose Pogonia;White&Purple Fringed Orchids;Round- leaved Orchis i_ /a 4 r Ladyslippers - 4 designs/3 ea. t . e a� $10.50/12 cards& envelopes Includes: Showy, Yellow, Pink& Rams-head Ladyslippers Lilies -4 designs/3 ea. gift . . " $10.50/12 cards &envelopes tkik.- Includes: Wood,Trout&Clintonia Lilies&Trillium Bizarre Blooms - 4 designs/3 ea. =� $10.50/12 cards & envelopes Includes:Pitcher Plant,Indian Pipe,JackdnThe-Pulpit&Coral Root Or Pick Your Own Bouquet •x lel ; Bloodroot Pasque Flower + • f i{+F►�' .• / Marsh Marigord _Trout Lily �r-- ` Dutchman's Breeches Trillium Clintonic Lily Wood Lily -` " Showey Ladyslipper _Rams'-head Ladyslipper - - ` _Pink Ladyslipper _Yellow Ladyslipper 'o, ; Pitcher Plant Early Coral Root j _Round leaved Orchis _Indian Pipe �� .u.. —White Fringed Orchid Jack-InThe-Pulpit Ems' 14; i Purple Fringed Orchid Rose Pogonia TOTAL NUMBER OF SETS CHOSEN: ` + sets of 9 cards @ $ 8.25/set = 'A � ' sets of 10 cards @ $ 8.90/set = .= sets of 12 cards @ $10.50/set = -. sets of 14 cards a $12.15/set = A sets of 16 cards @ $13.75/set = --.r.-....4.-,3..7,c,"—"-' sets of 18 cards @ $15.35/set = * ;n' +t sets of 20 cards @ $17.00/set = TOTAL AMOUNT = 44 . - Postage& Handling $3.00 " x MN Sales Tax 6.5% r (MN Residents only) i TOTAL ENCLOSED Same Address _- - — - Three Bears Prints A line of "`'` t"`e Zip wildflower notes published by Art Design, 4890 South Robert Trail, Eagan, MN 55123 Subscriptions for Currents VALLEY NOTE CARDS There are many ways to subscribe to Currents. The staff photos in the article "The Cosmopolitan Individual Subscription: Valley", Currents, Vol. 1 No. 1, are available in full $20.00 per year, four issues. The magazine will be color note cards.Another group of four is available delivered by U.S. Mail. of early spring wild flowers found in the valley.All cards measure 91/4 x 61/4 and fold to 45/8 x 61/4. Gift Subscription: Cards are in full color and are supplied with envelopes. One pack includes 3 cards each of 4 $20.00 per year, same as individual subscription except compositions. the gift is announced by a gift card. Color Pack 1, - $10.50 postpaid ilk Group Subscriptions: Organizations may purchase their issues at a rate of$16.00 `1e per year per subscribing member. These issues are sent / r. to the organization via UPS four times a year for their . .,qtr r` .., s,_ distribution.This will be by issue count. Mailing,address- •' � ing, etc. is the responsibility of the purchasing - v .. organization. 7.:`?--- • Community/School Memberships: -7. 1: $500 per year. An institutional membership (non-voting) 1' ti. consisting of 50 issues 4 times a year will be sent to the community's schools.These will be stickered as a gift from H ".. the civic organization or business making the gift. ' .&*r: - ; Chamber of Commerce Subscription: $500 per year. An institutional membership (non-voting) Color Pack 2, - $10.50 postpaid consisting of 50 issues 4 times a year to be sent to the list given by the Chamber of the places in town where .4 ,..r there are public lobbies, the library, waiting rooms, etc. ,. .•� . Special arrangements are possible for the printing of a 4'4r. ; ` .ti,,'".H j quarterly insert sheet carrying your organization's local .r. T. , / .,' ' k`.a news. Inquire for more information. ... } i: *� ;' Local writers are encouraged to submit to Currents. v Contact:Currents c/o Art Design,4890 South Robert Trail, 1 L Eagan, MN 55123 or call (612) 423-5115. Leave a call on ;. . J the phone box and someone will get back to you. „� :•' ' 40 � ya %¢ , s i;.. r SUBSCRIPTION ORDER BLANK ' „ of each subscription desired in appropriate box. . 1 Mace quantity P ,�,. ,, ❑ Individual Subscription, $20/yr. ❑ Gift Subscription, $20/yr. ❑ Group Subscription, $16/yr/member ❑ Community/School Subscription, $500/yr. (50 issues, 4 times) f . A,j,i ❑ Chamber of Commerce Subscription.$500/yr.(50 issues,4 times) f Amount Enclosed --- -- — ORDER BLANK l VALLEY NOTE CARDS Name _ Color Pack 1@$10.50 = Address _ Color Pack 2@$10.50= Total Enclosed $ Cry State Zip Name Mail to:Currents cio Art Design.489(1 S.Robert Trail.Eagan.MN 55123 Address Mail to: Currents Go Art Design, 4890 S. Robert Trail, Eagan, MN 55123 iir., M. 'et • Jed rNt: :..