HomeMy WebLinkAbout8D Permit Nursery Schools/Day C
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
AL TERNA TIVES:
STAFF AGENDA REPORT
8D
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 96-14 TO
PERMIT NURSERY SCHOOLSIDAY CARE FACILITIES
IN THE B-2, COMMUNITY BUSINESS DISTRICT
JUNE 17, 1996
Karen and Edward Fisher have made application to amend the
zoning ordinance to allow nursery schools/day care facilities in
the B-2, Community Business District. It is their intent to
operate a Montessori pre-school at a location on the edge of the
downtown area.
Presently, nursery schools/day care facilities are permitted in
the B-I, Limited Business District and day care facilities are
permitted in the B-3, General Business district.
The Planning Commission concurred with the staff
recommendation to approve the request. Staff is of the opinion
that such a use is compatible with commercial developments
and often provides a valuable service for persons working in
such areas. The attached draft planning commission minutes
discusses this issue in further detail.
The primary issue is whether such a land use is compatible with
commercial development in the B-2 district. Inasmuch as this
use is deemed to be compatible with the other commercial
districts in the City, it seems obvious that the use would be
compatible with the other uses in the B-2 district.
The Council has three alternatives:
1. Approve the proposed ordinance amendment
2. Deny the proposed ordinance
3. Defer action for a specific reason.
RECOMMENDATION: It is recommended that the Council adopt Alternative 1.
16200 ~lf~~~OO.f.<S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Could r .se definition of "unstable land" to a 75% credit.
V onhof:
Good drawn and good potential uses.
What is a mini um park size acceptable to be useful? Paul responded 5 acr
with the use of p yground, ball fields, picnic shelter, and parking space.
3 acres are require for ball fields.
NURP ponds and w lands have been taken out of park dedications.
Developers responsibl for grading - Paul said other communities d this. Once the
developers are in tune to 0 this it is easy when they are out deve ping and grading. The
trails are critical. It woul e easier to grade trails and put the ack top in before the
homes are built.
Cash in lieu of the land is bas on !3,OOO per acre. It is b ed on gross acre.
Wuellner:
Unstable land with poor soils - con diction. Paul plained the conversion of the land
characteristics vs. the dedication credl .
Clarify statements for developers as to
Loftus:
Retrofitting unstable and. There can be misunderstandings betwe the City and
developer. We ne to get a strong understanding. Move percentag closer.
Criego:
Agrees with Commissioners.
Rye said setting standards like this wil e... Th thought process that led to this. Some
properties will have more value. Thi establish a r ative system of suitable land. Not
subj ect to much attack.
If the developer makes the land
Virgin woods would have a hi value.
Paul stated number one prio. is to have flat lands.
Change B to go up to a hi er category. Change wording 0 d characteristics.
MOTION BY ONHOF TO RECOMMEND PROPOSED CHANGES... S
PRESENTE WITH ADDITIONS INCLUDING NOT ACCEPTING PONDS
AND REV !NO THE UNSTABLE LAND AND OF 10% TO BE UPORAD D.
SECOND D BY WUELLNER.
V e taken signified ayes by all. MOTION PASSED.
CASE #96-044 PUBLIC HEARING TO CONSIDER A REQUEST BY KAREN L.
AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE PRIOR LAKE
CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE TO
MN06 1 096. DOC
PAGE 2
MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE IN THE B2-
COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS ARE
INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY LOCATED
AT 4730 DAKOTA STREET WHICH IS ZONED B2-COMMUNITY BUSINESS.
Director of Planning, Don Rye, presented the information from the Staff Report dated
June 10, 1996. Recommendation to City Council is to approve the proposed Ordinance
amending the B-2 District to allow day care centers as permitted uses.
Comments from the public:
Karen Fisher and Ed Fisher, and supported parents (10 letters in support). Brought
proposal forward because they did not feel it was a big stretch of the Ordinance and
would be a nuisance. Would like this added to the B-2 district. This operation has been
town almost 3 years and is not concerned with high visibility.
Kathy Feely, 18246 Country Squire, and feels this is the best daycare her children have
ever been in. She is impressed with the quality of day care in the community.
Dave Monson, 2891 Center, we need more of this, It is a great school. Her child is on a
waiting list to get in.
Cheryl Hennen, 4680 Tower Street SE, is in support of the daycare.
Jennifer, 14283 Shady Beach Trail, SE has 3 four year olds and feels Little Lakes is a
great place. It will help down town Prior Lake.
Closed.
Loftus and Wuellner agrees it is a great
V onhof should be a permitted use. With all the related traffic does not see a problem.
Criego is in support and is a very valuable asset to the community.
MOTION BY LOFTUS TO RECOMMEND TO CITY COUNCIL TO AMEND TO
INCLUDE DA YCARE CENTER PERMITTED IN THE B-2 ZONING ORDINANCE.
WUELLNER SECOND.
Votes taken signified ayes by all. MOTION PASSED.
Public hearing closed.
CASE #96-045 INARY PLAT PROPO~~ , SINGLE FAMILY
DEVELOPMENT TO BE " MtE HILL SECOND ADDITION" A 11.5
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MN061096.DOC
PAGEl
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TO:
FROM:
DATE:
SUBJECT:
Mayor, Councilmembers
Frank Boyles, City Manager
June 14, 1996
Weekly Information Update
1. Meetings This Week:
. Monday, June 17, 1996 - 5:00 p.m. - Budget Study Workshop I - Fire
Station City Council Chambers. An agenda packet was included with your
June 17th Council Meeting Packet on this subject.
. Monday, June 17, 1996 - 7:00 p.m. - Prior Lake Forum - Fire Station City
Council Chambers. Attached separately is correspondence provided by
Linda Epps and Paul Lemke with respect to the City's current Therapeutic
Massage Licensing requirements. Ms. Epps will be present at the Forum to
discuss her concerns.
. Monday, June 17, 1996 - 7:30 p.m. - Regular Prior Lake City Council
Meeting - Fire Station City Council Chambers.
2. Metropolitan Council Approves City 2010 Comprehensive Plan! - At their
Thursday, June 13th meeting, the Metropolitan Council voted unanimously to
approve the City's Comprehensive Plan. Thanks to all staff members who worked so
hard on this project, and particularly to Don Rye who spearheaded the project!
3. Request by V.F. W. and American Legion - The Prior Lake V.F. W. and American
Legion have adopted a resolution requesting that the ball field at the Memorial Park
be renamed "Veteran's Field." As Councilmembers were aware, we had
contemplated naming this field Mangan Field. It would be possible to provide an
appropriate memorial for Bill Mangan by naming the fields at The Ponds Athletic
Complex, "Mangan Fields". I expect that V.F.W. representatives will be present at
the July 1 meeting to make their request formally.
4. Wood Chips - Wood chips will be available to the public on Wednesday, June 19th.
Residents must provide their own containers and load the chips themselves.
UPD60614.DOC
5. T.H. 13 Corridor Study - Attached is a memorandum from John Wingard providing
the City Council with the status of the T.H. 13 Corridor Study. MnDOT has provided
various alternatives to address the concerns about access to the commercial area at
Commerce Street. Our perspective is that the graphic which best addresses Prior
Lake concerns is Graphic F. MnDOT has indicated they would pay the complete cost
of this alternative. Graphic G could be a "Phase II" which would provide for a right-
in, right-out only at Boudin Street and a through street to the residential area at
Commerce. The City has taken the position that Timothy Avenue must remain with a
curb cut. We expect to review these suggestions with the public in July and present
the final findings for City Council action at the July 15 meeting.
6. County Road 23. Five Hawks Avenue and T.H. 13 Reconstruction Project -
Attached is a memorandum from John Wingard which identifies estimated costs
associated with the improvements of the above referenced intersection. Also included
is a graphic which describes the improvements to be made. The cost estimates have
been distributed to the various parties in an effort to determine whether or not a cost
sharing arrangement can be agreed upon.
7. More Legal Issues - Attached is correspondence from Lindquist and Vennum
responding to Suesan Pace's earlier letter with respect to the Benedict Subdivision.
Suesan is reviewing the response. Also included is correspondence with respect to
the Vierling litigation against the City. The League has agreed to defend the City in
the case and has assigned the case to Jardine, Logan and O'Brien.
8. DevelopmentlRedevelopment Project - Attached is a letter from Frauenshuh
Companies formally stating their position with respect to the proposed
development/redevelopment proj ect.
9. Bond Expenditure Clarification - Attached is a letter from Mary Ippel clarifying the
use of bond funds to complete landscaping by force labor.
10. Prior Lake Maintenance Building - Attached is a June 11th Status Report of the
Maintenance Building.
11. Notice of General Election - Attached is the Notice of General Election for federal,
state and judiciary offices which the City must post for public viewing.
12. Politics in Minnesota - Attached for City Council review is a copy of the June 7,
1996 Politics in Minnesota publication.
UPD606 I 4.00c
MEMORANDUM
TO: FRANK BOYLES, CITY MANAGER
LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS
CC: PAUL KACHELMYER, MnDOT
BRAD LARSON, SCOTT COUNTY
JOHN WINGARD, ASSIST ANT CITY ENGINEER :r r \AI
FROM:
RE:
T.H. 13 CORRIDOR STUDY
DATE:
JUNE 6, 1996
The following people met on Wednesday, May 29, 1996 to discuss the T.H. 13 Corridor Study:
Paul Kachelmyer - MnDOT
Brad Larson - Scott County
Frank Boyles - City of Prior Lake
Larry Anderson - City of Prior Lake
John Wingard - City of Prior Lake
The meeting was a continuation of the meeting we just concluded with the School District to
discuss the Five Hawks A venue/CR 23 intersection with T .H. 13.
The other major items of discussion included the following:
1. Creekside Circle residents are opposed to closing full access to Hwy 13 by constructing a
median across this intersection.
2. Extend 45 mph speed to south of 170th Street. Paul to check on this to see if possible.
3. 150th Street intersection is in the process of being reconstructed by the City of Savage
with the Cates/Oak Island project.
. Frontage road by Shepherd of the Lake Church should help this area
162fHihMaelec€reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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4. Paul reviewed with the group the attached concepts 'A' through 'H' which show street
layouts in the Commerce A venueIBoudin Street area.
5 . We decided to set up another neighborhood meeting with Assembly of God church,
businesses and residents in the Commerce A venueIBoudin Street/Timothy Avenue area
to discuss the conceptual drawings.
6. Scott County is studying CSAH 42 as shown on the attached letter. Brad discussed the
difficult decision on what to do with the Timothy A venue intersection with CSAH 42.
7. We hope to present findings to City Council at July 15 meeting and request adoption of
the T.H. 13 Corridor Study.
TIlI3MTGI.DOC
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SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
COUNTRY TRAIL EAST
JORDAN, NIN 55352-9339
GARY L. CUNNINGHAM (612) 496-8346
COUNTY ADMINISTRATOR
BRAD LARSON
ASSOCIATE ADMlNISTRA TOR
REcefVEl.
MAV 3 1996
Fax: (612) 496-8365
April 25, 1996
L~f''t ~ V'
~h~ W ~
f'(' 0.. "" .k.B ~
Dave Hutton, Director of Public Works
City of Savage
6000 McColl Drive
Savage, MN 55378
Re: CSAH 42 Access Plan
Dear Dave:
Sorry about the delay in communicating our comments on the CSAH 42 Access Plan.
We have reviewed the final draft of SRF's plan and note the following comments:
. CSAH 42 is presently classified as a Principal Arterial. As such the highway
needs to be protected against actions that would diminish this functional
classification, the largest of which is access. The minimum goal would be
access spacing averaging ~ mile between intersections. Ideally, the spacing
should be greater.
. While on average spacing of ~ mile is minimally acceptable, access spacing,
unlike property, can not be "clustered" in an area with the average meeting the
goal. To function properly requires a fairly consistent spacing throughout the
corridor.
. The proposed CSAH 42 Access Plan addresses fairly well the % mile minimum
spacing given the existing access available on CSAH 42.
. In order for this plan to work, the City needs to take a strong lead in supporting
and implementing th~ restricted access proposed. Scott County's concern is that
the new accesses proposed will be requestedlinstalled without the existing
accesses being closed.
. To implement the plan also requires the cooperation and support of the City of
Prior Lake. For this plan to accomplish its goal, the entire plan must be
implemented not just select segments.
An Equal OpporCUnil}!Sa!ery ..1 Hare Employer
___,~,~.',"'."h'."'~"'_~"",_~,_~__,_""",,,~,,,,,~~,,__.,..",,",,---"--~"~
Dave Hutton
CSAH 42 Access Plan
April 25, 1996
Page 2
· Depending on the County's decision on the CSAH 27 alignment, the access
spacing may vary from the plan. That is true if the existing CSAH 27 alignment
is chosen.
At this time, Scott County will support the plan given that (1) the City of Savage develop
an implementation schedule for restricting existing access per the plan. (2) agreement
can be reached with all parties (Cities of Prior Lake and Savage, Scott County and
property owners) en access west of TH 13 and (3) before any new access is allowed,
other accesses will be eliminated or restricted. "- -t~\$ ('..fees -\:0 ~:;W\OJ,"''1 A Ite..~e...
We appreciate the foresight of the City of Savage in developing this plan and the
cooperation we had in maintaining the mobility function of CSAH 42.
Please do not hesitate to contact us if you need additional information.
Sincerely,
Lv. I Bradley J. Larson, P.E.
fV 7 County Highway Engineer
BJ Ujkf
c: Commissioner fvlackie -
Gary Cunningham, County Administrator
Scott Merkley, Engineering Coordinator
be: Commissioner Underferth
Larry Anderson,~City of Prior Lake
~
MEMORANDUM
TO: FRANK BOYLES, CITY MANAGER
LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS
CC: BRAD LARSON, SCOTT COUNTY HIGHWAY
DAR FOSSE, FIVE HAWKS ELEMENTARY SCHOOL
PAUL KACHELMYER, MnDOT
FROM:
JOHN WINGARD, ASSISTANT CITY ENGINEER
-s'(} W
RE:
CR 23/FIVE HAWKS AVENUE INTERSECTION WITH TH 13
RECONSTRUCTION PROJECT
DATE:
JUNE 6, 1996
The following are the notes of a meeting held on May 29, 1996 to discuss the Five Hawks
A venue/T .H. 13 traffic signal. The following people attended the meeting:
Brad Larson - Scott County
Larry Anderson - City of Prior Lake
Dar Fosse - School District
John Wingard - City of Prior Lake
Paul Kachelmyer - MnDOT
Frank Boyles - City of Prior Lake
Thea Fluherer - Citizen Representative for School District
We discussed the Five Hawks/County Road 23/T.H. 13 intersection and the school district's request for signal
lights. It has become obvious that the state and county will not support traffic signals at this intersection because of
its current offset configuration and because the intersection does fi.Qt meet their warrants. Consequently, we have
proposed to realign the intersection at a cost of approximately $800,000. This would include the correction of other
road segments in the area of NAPA Auto Parts.
We have estimated that the City's share of this project would be about $440,000, of which $100,000 would be
received through assessments or contributions. The school district's share would be $50,000, the county's share
about $160,000, and the state's share up to $200,000.
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
_ ~..._,.."~,......"".,_~_,.,._~-o.,'_~~,~'~~_"'_'_--'_"__~~'_"'__...._.~.....__...._.................w__.......~~"".__.,....._-,'...,..,-...^.,...._,......"_._,........,.,---,.-~..-,.,~-_.""-_.....---~,--"'........,..........,'~~.~--"._~',-~--..,.."..,,,.,_.~----_.""'._.---~--"~-
John reviewed with the people at the meeting a preliminary cost estimate that the City prepared for the Five Year
Capital Improvements Program (CIP) budget. The C.R. 23/Five Hawks and T.H. 13 intersection improvements
includes reconstructing 500' of 170th Street and 900' of Vine Street. See the attached map for a layout of the
improvements. The following is the cost estimate:
T.H. 13 signal systems
City share = 1/4 =
County share = 1/4 =
MnDOT share = 1/4 =
$ 120,000.00
$30,000
$30,000
$60,000
Creekside Circle median closure
100% MnDOT
$ 20,000.00
Five Hawks A venue widening
100% City
add 6' center median, left turn lane
and right turn lane
reconstruct 200' at $ 150/FT =
ROW from church O.lAC at $20,000/AC =
Total
$ 30,000.00
$ 2.000 00
$ 32,000.00
County Road 23
50% 1: County = $150,000
25% 1: MnDOT = $ 75,000
25% 1: City = $ 75,000
A.)
Widen northerly 250', add 6' center median,
2 south bound lanes, 3 north bound lanes
(left turn, through lane, right turn lane), sidewalk!
trail on each side, add C & G to outside, and save
Ex. 44' bit. street
250' at $150/FT =
$ 40,000.00
B.)
Upgrade the rest of C.R. 23 to the south by
constructing new road - use Design Alternative
Alignment #3
110' at $200/FT =
acquire ROW from NAPA - lAC at $40,000/AC =
Total
$ 220,000.00
$ 40 000 00
$ 300,000.00
Vine Street
100% City
assess 500' to Lawrence Schweich property
that Hennen Trucking uses
500' at $50/FT =
$ 25,000.00
acquire ROW from Schweich property
1/2 AC at $20,000/ AC =
$ 10,000.00
upgrade gravel road and shift alignment,
add C & G, add sidewalk!trail to both sides of street
PROJECTS\TH13\CR23TH13.DOC
2
900' at $1501FT =
Total
170th Street
1000/0 City
construct street from new C.R. 23 to the west to
connect to Ex. bit. street behind County Market
500' at $1501FT =
Remove Ex. C.R. 23 and 170th Street
1000/0 County
600' + 600' = 1200' x 24' = 3200 SY at $2.00 =
Sanitary Sewer
100% City
add stub to south on Mushtown Road =
MH adjustments, add sanitary sewer service to brown
house located in SW comer of CR 23 & 170th St.
This house is in Spring Lake Township =
Total
Watennain
1000/0 City
add stub to south on Mushtown Road
move hydrants
adjust GV's, add water service to brown house
Total
Stonn SewerlPonding
1000/0 City
provide new outlet for Crystal Lake
24" pipe - 600' at $301FT plus MH's =
extend pipe on Vine Street
24" :t pipe 200' at $301FT plus MH =
add CBs at Vine St./C.R. 23 intersection - County Costs
create pond for mitigation and expand for water
quality treatment ponding
Total
$ 135000.00
$ 145,000.00
$ 75,000.00
$ 7,000.00
$ 3,000.00
$ 2000.00
$ 5,000.00
$ 3,000.00
$ 4,000.00
$ 3 000.00
$ 10,000.00
$ 20,000.00
$ 7,000.00
$ 20,000.00
$ 13 000 00
$ 60,000.00
$774,000.00 round up to $800,000.00
MnDOT's share
County's share
City's share
$155,000 round up to
$187,000 round up to
$432,000 round up to
$160,000.00
$200,000.00
$440,000.00
PROJECTS\TH 13\CR23TH 13.DOC
3
Assessable Deductions - Schweich =
School District Contribution =
McDonald's, NAPA, Clinic, County Market Contributions =
Brown House (SW corner of CR 23 & 170th St.)
Assessments for sewer & water extensions =
$ 25,000.00
$ 50,000.00
$ 20,000.00
Total
$ 5.00000
$ 100,000.00
MEETING COMMENTS/QUESTIONS/CONCERNS:
Thea Fluherer's & Dar Fosse's comments:
Question - School's $50,000 contribution compared to other
property owners contributions.
Brad Larson's comments:
$200,000 seems high, county would like their share
reduced.
Question - The width on CR 23.
Brad would like the City to review with the county
the width of CR 23 by County Market.
The Shakopee School District is investigating state
funds that are available for ped crossing.
Dar Fosse's comments:
Dar would check into the availability of these
funds for use on this project.
MnDOTlPaul Kachelmyer's comments:
With median constructed across Creekside Circle
intersection, with removal of church entrance onto
Hwy 13, and with realignment of CR 23 to match
Five Hawks Ave. - $160,000 seems fair - could go
up to $200,000.
MnDOT is able to find funding for small projects
when their share is under $200,000. The proposed
City adoption of the TH 13 Corridor Study helps
allow MnDOT to fund this project.
Turn backs will be available to the City at
$30,000/Mile for 170th St.
PROJECTS\THI3\CR23TH13.DOC
4
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LINDQUIST & VENNUM P.L.L.P.
4200 105 CENTER
80 SouTH EIGHTH STREET
MINHEAPOUS. MINNESOTA 55402-2205
TELEPHONE: 612-371-3211
FAX: 612-371-3207
IN DENVER
lINDQUIST. VENNUM & CHRISTENSEN P.L.L.P.
600 17TH STREET. SUITE 2125
DENVER. CoLORADO 80202-5401
TELEPHONE: 303-573-5900
ATTORNEYS AT LAW
BERT J. McKASY
(612) 371-2439
June 7, 1996
Suesan L. Pace, Esq.
Campbell Knutson Scott & Fuchs P A
1380 Corporate Center Curve
Suite 317
Eagan, MN 55121
Re: Michael S. Benedict Subdivision Application Preliminary Plat
for Red Oaks Subdivision Prior Lake
Dear Ms. Pace:
In a letter dated April 30, 1996, I described certain facts related to a preliminary plat
application first filed by Michael Benedict in 1993, preliminarily approved by the City of Prior
Lake subject to the satisfaction of three conditions on December 20, 1993, and subsequently
disapproved by Council Resolution 94-09. In that letter, I requested that the City reconsider its
decision in Resolution 94-09 based on ordinances in effect at that time to redress violations of Mr.
Benedict's constitutional due process rights.
On May 17, 1996, you, Roger Knutson, Bryce Huemoeller and I participated in a
conference call to discuss my letter of April 30, 1996. At that time, Mr. Knutson stated that it
was his opinion that subsequent changes in the Zoning and Subdivision Ordinances of the City
affected Mr. Benedict's subdivision application. Mr. Knutson cited Rose Cliff Landscape
Nursery. Inc. v. City of Rose mount, 467 N.W.2d 641 (Minn. Ct. App. 1991), in support of his
opinion. Mr. Huemoeller and I have reviewed the Rose Cliff decision, but do not believe it has
any bearing on Mr. Benedict's dispute with the City.
First, Mr. Huemoeller and I question whether subsequent changes in the City's Zoning and
Subdivision Ordinances impact on Mr. Benedict's preliminary plat application. As you recall, Mr.
Benedict's preliminary plat application was approved by the City on December 20, 1993, subject
to the satisfaction of three conditions:
(a) That the applicant submit proper variance requests~
(b) That staff and legal counsel develop findings of fact setting forth the unique
features of the property to justify the private road~ and
EBO 1 :882568_2
______~__""""_._~~."'.~.__,"',_."...""'""'.__'"._,___<>"'.,..~"'""'................""""""~,.,.~~.'...'w~.~.,,_..
LINDQUIST & VENNUM P.LLP.
Suesan L. Pace, Esq.
June 7, 1996
Page 2
(c) That a determination be made that the pond area on the subject property
was not part of Prior Lake.
Because all three conditions were satisfied by Mr. Benedict, Mt: Benedict's right to subdivide and
develop his property vested under the Zoning and Subdivision Ordinances in effect when Mr.
Benedict's application was approved on December 20, 1993. If the City rescindsl its wrongful
disapproval of Mr. Benedict's application, Mr. Benedict will possess an approved application and
full authority to go forward with the proposed development regardless of subsequent changes.in
the Zoning and Subdivision Ordinances of the City.
Second, even if the City believes that its original approval ofMr. Benedict's preliminary
plat application must be ratified, Rose Cliff appears to have no bearing on the City's ability to
grant such ratification.
In Rose Cliff, the Court of Appeals held that an Alternative Writ of Mandamus would not
be granted to relieve a commercial greenhouse from the impact of an amendment to the City of
Rosemount's Zoning Ordinance that was adopted after the greenhouse had filed its application for
a building permit. In rendering its decision, the Court of Appeals followed the rule adopted in
most jurisdictions that a zoning regulation may be retroactively applied to a permit for which
application was made prior to the effective date of the new regulation. Nothing in the Rose Cliff
decision, however, suggests (a) that other remedies are unavailable to an individual who was
denied his constitutional due process rights in a city's consideration of his permit application; or
(b) that the City must disregard its prior Zoning Ordinances in considering a proposal to settle a
legal dispute with a party whose constitutional due process rights have been violated by the City
(in a decision that was also clearly erroneous).
As was indicated in my letter of April 30, 1996, Mr. Huemoeller and I feel it is quite clear
that actions taken by the City and the Department of Natural Resources in connection with Mr.
Benedict's preliminary plat application were taken in violation of Mr. Benedict's constitutional
II previously requested that the City reconsider Mr. Benedict's preliminary plat
application, which may have created some procedural confusion. Under ROBERT'S RULES OF
ORDER, NEWLY REVISED (Scott Foresman and Company 1981 ed.), an assembly such as the
City Council may only reconsider a motion upon the motion of a member who voted on the
prevailing side on the same or next succeeding day after the original vote was taken.
Procedurally, it is requested that the City Council rescind its disapproval of Mr. Benedict's
preliminary plat application. A motion to rescind may be made by an member of the City Council
at any time after the original motion was adopted.
EBOl:882568_2
LINDQUIST & VENNUM P.LLP.
Suesan L. Pace, Esq.
June 7, 1996
Page 3
due process rights and that Mr. Benedict has been damaged thereby (moreover it is indisputable
that the decision adopted by the City utilizing said unconstitutional process was in error). One
way for the City to redress its violation of Mr. Benedict's constitutional due process rights would
be for the City to rescind its disapproval of Mr. Benedict's preliminary plat application and allow
Mr. Benedict to proceed with his development. A second way to compensate Mr. Benedict for
his damages would be for the City to ratify Mr. Benedict's preliminary plat application under
ordinances in effect at the time the application was originally filed. A third way to compensate
Mr. Benedict for damages caused by the City would be for the City to pay Mr. Benedict his
monetary damages. Finally, Mr. Benedict would be compensated if the City granted to him the
variances that would be required under the City's present Zoning and Subdivision Ordinances for
Mr. Benedict to develop the subject property as originally proposed in Mr. Benedict's preliminary
plat application. The Rose Cliff decision does not prohibit the City from settling its dispute with
Mr. Benedict using any of these alternatives.
Put simply, the City violated Mr. Benedict's constitutional due process rights and reached
a decision utilizing said unconstitutional process that was clearly erroneous. Mr. Benedict is
entitled to redress for the City's actions. After you have had the opportunity to review this letter,
I ask that you contact Mr. Huemoeller and me to discuss the City's intentions.
Sincerely yours,
,f} ,
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Bert J. McKasy /
v
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cc: Bryce Huemoeller, Esq.
Mr. Michael Benedict
Patrick Delaney, Esq.
~~r N. Knutson, Esq.
~r. Frank Boyles
EBOl:882S68_2
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Camphell
Rllger N. Knutson
Thomas M. Scort
Garv G. Fuchs
James R. Walstlln
Elliott B. Knetsch
( 612) 452,5000
Fax (612) 452,5550
June 7, 1996
Andrea McDowell Poehler
Matthew K. Brokl
John F. Kelly
Maq.;uerite M. McCarron
George T. Sterhenson
Mr. Frank Boyles
City Manager
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Re: Helen A. Vierling
The City of Prior Lake
Dear Frank::
Enclosed is a letter from Mark Rossow, Berkley Risk Services, Inc., transmitting
correspondence and materials from Lommen Nelson to the League.
I have discussed the League's acceptance of the tender with Mark Rossow. The League
will pick up coverage (probably with a reservation) for this case and it is my understanding the
case will be transferred to another law firm. Once the League assigns defense of the Vierling
matter, I will speak to the attorney handling the case to request that I receive copies of relevant
documents and that our office be given an opportunity to confer in strategy decisions.
Sincerely,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
By: 5::~,-L . ~
Suesan Lea Pace, Es .
SLP:baz
cc: Ralph Teshler
38912
Prior Lake/Helen A. Vierling
Suite 31 7 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, tv1N 55121
LMC
145 University Avenue West, St. Paul, MN 55103-2044
phone: (612) 281-1200 · (800) 925-1122
Fax: (612) 281-1299 · TDD (612) 281-1290
Lzagull of Minnesota Cities
Cities promoting exceHence
June 11, 1996
John M. Giblin, Attorney at Law
Lommen Nelson Law Firm
1800 IDS Center
80 S. 8th Street
Minneapolis, MN 55402
RE: Trust Member: City of Prior Lake
Claimant: Helen A. Vierling
BRS File: 11006906
Dear Mr. Giblin:
On behalf of the League of Minnesota Cities Insurance Trust (LMCIT), this letter will formally
acknowledge receipt of your letter of May 31, 1996 along with the Summons & Complaint and
the Answer which you interposed.
The LMCIT will accept a tender of defense of this case subject to a reservation of rights. The
LMCIT will be assigning the file in its entirety to Attorney James Golembeck with the law firm
of Jardine, Logan & O'Brien with offices at 2100 Piper Jaffray Plaza, 444 Cedar Street, St. Paul,
MN 55101-2160. Phone 612-290-6500. We would request that you take the steps necessary to
provide substitution of counsel and make arrangements with Mr. Golembeck to deliver the file to
him or allow him to pick up your file.
The assigning of the case to Mr. Golembeck has absolutely no reflection on you or your firm.
The decision is based on the coverage issues involved as well as Mr. Golembeck's expertise in
this matter and area of law. I appreciate your cooperation in this matter. If you have any
questions, feel free to contact me.
Very truly yours,
BERKLEY RISK SERVICES, INC.
Mark Rossow
Senior Claim Supervisor
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
11006906
cc: Frank Boyles, City Manager
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372-1714
cc: Suesan Pace, Attorney at Law
Campbell Knutson Law Firm
cc: James Golembeck, Attorney at Law
Jardine, Logan & O'Brien
-2-
6-11-96
LeagUll 0/ Minnllsota CitillS
CitillS promoting exceOllnCll
145 University Avenue West, St. Paul, MN 55103-2044
phone: (612) 281-1200 · (800) 925-1122
Fax: (612) 281-1299 · TDD (612) 281-1290
June 11, 1996
Frank Boyles, City Manager
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372-1714
RE: TrustMember: City of Prior Lake
Claimant: Helen A. Vierling
BRS File: 11006906
Dear Mr. Boyles:
On behalf of the League of Minnesota Cities Insurance Trust (LMCIT), this letter will formally
acknowledge receipt of the lawsuit filed in Scott County District Court entitled "Helen A.
Vierling, a widow, Plaintiff, vs. City of Prior Lake, a Municipal Corporation, Defendant".
Please be advised that I have assigned the handling of the defense of this case to the law firm of
Jardine, Logan & O'Brien with offices at 2100 Piper Jaffray Plaza, 444 Cedar Street, St. Paul,
MN 55101-2160. Specifically, Attorney James Golembeck has been assigned the handling of
this case. I have given that attorney instructions to take those steps necessary to protect the
interests of the City of Prior Lake. If you have any questions for Mr. Golembeck, feel free to
contact him at phone 612-290-6500.
In general terms, Plaintiff alleges that the city has diverted unreasonable and unnecessary
amounts of water, sand, gravel and silt onto her property and that it is beyond the easement area;
that the city has caused the rate of discharge of water, sand, gravel and silt upon her property to
be greater than the rate of flow under natural conditions; that her property has been damaged and
rendered inaccesible. Plaintiff seeks a Writ of Mandamus compelling further acquisition relative
to condemnation proceedings, and money damages regarding allegations of negligence, nuisance
and trespass.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
11006906
-2-
6-11-96
Please be advised that any investigation made or action taken by representatives of the LMCIT
on this claim is done with a full Reservation of Rights under the Covenant #CMC 1414895 with a
coverage period of 2-1-94 to 2-1-95 on a claims made basis. Any investigation, adjustment or
defense of the claim or any action whatsoever by representatives of the LMCIT will not
constitute a waiver of any rights the LMCIT might have under the covenant.
It is, of course, understood that you do not waive any of your rights under the covenant.
I would specifically refer you to the Comprehensive Municipal Coverage form under Coverage
A. which states in part:
Coverage A. Municipal Liability Coverage (Claims Made Basis)
1. Coverage Agreement
a. Except as otherwise provided in this agreement, LMCIT will pay on behalf of the
"covered party" all sums which the "covered party" shall become legally obligated to
pay as damages as a result of an occurrence, if the following conditions are met...
Also, I refer you to the definition of Damages. Damages means money damages, and includes
awards for attorneys fees with respect to federal civil rights suits and state human rights suits.
With respect to any land use regulation claim, damages also includes amounts the "city" is
obligated to pay for loss of use of property during the time after the retroactive date but prior to a
final determination by the courts that enforcement of a land use, zoning, subdivision, or similar
ordinance or regulation constitutes a taking of private property.
Damages does not include any of the following:
a. Any obligation of a "covered party" under a workers compensation, disability benefits, or
unemployment compensation law or any similar law;
b. Exemplary damages or punitive damages except punitive damges claimed or levied against
an officer, employee or volunteer of the "city", provided that the officer, employee, or
volunteer:
(1) Was acting in the performance of the duties of the position; and
(2) Was not guilty of malfeasance in office, willful neglect of duty, or bad faith.
c. Fines or penalties imposed by law.
d. Injunctive or equitable relief, or quasi-judicial or administrative orders.
._""-.~~--~",-~~_&._,..."".,.,-,._",,,-^,~"--,..,.,.,..,..._-..-.."~~..,"'~--~-"'._,.,.....,,-"'~--"-...............-
11006906
-3-
6-11-96
e. Repayment of any tax or assessment that was wrongfully obtained, or any interest on such tax
or assessment.
f. Amounts paid or payable for the purchase or permanent acquisition of property or property
rights, or for the right to permanently enforce an ordinance, regulation, or restriction on the
use of property.
Also, I refer you to the definition of Land use regulation claim. Land use regulation claim means
any claim arising out of the application of a land use, zoning, building, subdivision, or similar
ordinance or regulation and not from any physical occupation, invasion, or use of the property.
Also, there are some exclusions to the coverage. Exclusion 3v states that "This coverage does
not apply to Damages arising out of condemnation, inverse condemnation, adverse possession, or
dedication by adverse use. This exclusion does not apply to any land use regulation claim or to
any claim for taking of property wherein the taking of property is incident to an arrest or for the
purpose of protecting persons or property in an emergency".
Accordingly, to the extent it is determined that the events claimed or relief sought do not meet
the definitions of damages or land use regulation claim or are excluded, then coverage would not
apply.
In addition to the above mentioned coverage issues which I have cited, there could be further
coverage defenses or exclusions that may be applicable. I reserve the rights of the LMCIT to
raise such further coverage defenses or exclusions as are applicable.
In the event that there are additional pleadings served upon you in conjuction with this case,
please forward those items to us immediately. If you have any questions, feel free to contact me
at 612-281-1282.
Very truly yours,
BERKLEY RISK SERVICES, INC.
tVI nJ'/~-
Mark Rossow
Senior Claim Supervisor
cc: Suesan Pace, Attorney at Law
Campbell Knutson Law Firm
cc: James Golembeck, Attorney at Law
Jardine, Logan & O'Brien
JUN-11-1996 13: 52 FROM ADVANCE INC.
TO
PRIOR LAKE-CITY
P.01
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June 7, 1996
fRAlJENSHUH COMPANIES
COMMlItCM RML fST'ATE ADVISORS
Mr. Roier Guenette
Advance Resources for Development, Inc.
P.O. Box 3027
Mankato, MN 56002...3027
RE: PRIOR LAKE DEVELOPMENT PROJECT
Dear Roger:
On behalf of Frauenshuh Companies and Hea1thSystem Minnesota, we sincerely appreciate your
effort and cooperation on the Prior Lake Development Project. As we mentioned, Frauenshuh
Companies and HealthSystem Minnesota has elected to focus a clinic development on the 11 acre
site as originally planned.
Due to various factors such as time, economics and market demand, the master retail development
which included Priordale Mall is not a viable project for our firm at this time. For the past six (6)
months, we have completed analytical studies that have all indicate this project is not quite feasible
to date.' ,Because of this, we have narrowed out focus on the P~k Nicollet site.
Per our plans, the Park Nicollet Medical Clinic will be built on the 11 acre site as original discussed
one (1) year ago. Both Frauenshuh Companies and HealthSystem Minnesota, anticipate a good
working relationship with the City of Prior Lake. As previously discussed, Hea1thSystem
Minnesota in conjtmCtion with the City of Prior Lake would like to make that site a marque location.
Again, we appreciate the help you and the City of Prior Lake Officials have provided thus far. After
months of due diligence, we are excited about our direction and location of our project. We strongly
feel this site can be a tremendous asset to the City of Prior Lake and HealthSystem Minnesota.
Sincerely,
~P~~if
, .' . ,. If .
.... ..'
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. .... . . I'.:' .. t,
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cc ,lohn.Herman - HealthSystem.Minnesota .
O:'J).\TA'3tl'7'\DJlCW'tCft.J'LJ.aT
MINNESOTA ~ STE. 210 ~
1'160 FRANCE It. Vf.. so.
Gl ILOOMlNCTON. MN SS4Js-.5m ..
(612) s~
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61 fAX: (612.) &96-Z311
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TOTAL P.01
FROM BRIGGS AND MORGAN ST, PAUL 612 223 6645
(WED) 06, 121 96 II: 23 1ST, II : 221 NO, 3360015-251 P, 2
LA"" OFFICES
BRIGGS AND MORGAN
P'fI02"l!:SSZONAL ^S SOCIA TION
gsaoo FIRST NA.TIONAL ZSANK BU'IL:DXNO
SAINT ~AUL. MJNNESOT", 15!:5101
TELEPHONE ce.l.~J 3:33 - 6EJOO
lP.A.CSIHILE Cl!J1a, 220 - 04:50
~ITBa., J>IBEeT :D%A1. NUkllE~
June 12, 1996
XJ:NNltAPOLIS OnICE
a&oo IDS ClDT'fEJI
X~tJ:!I. HDrNlSlSOT.A 5040a
TZLZ~J'lONB (OJ8) ::J34. &400
'.LC:SJ.llaLJI (alaI :J34.eo~o
(612) 223-6620
VIA FACSIMILE AND U.S, MAIL
Mr. Ralph Teschner
City Finance Director
Prior Lake City Hall
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
Dear Ralph:
You have inquired about the City of Prior Lake's authority to have city employees
install an improvement project consisting of landscaping. You have indicated that the cost
of the improvement is less than S25,000. Minnesota Statutes, Section 429.041 Subdivision
2 provides that where the cost of the entire work projected is less than $25,000 the city does
not have to advertise for bids but may directly purchase materials for the work and do it by
the employment of day labor or in any other manner the council considers proper.
Therefore, it would be permissible for the City of Prior Lake because the landscaping
improvement is less than $25,000 to purchase the materials and use city employees to
construct the landscape improvements.
If you have any questions, please do not hesitate to contact me.
V cry truly yours,
~~dr/Jd
M:;~;pe; ~
MLI:hln
3233n.1
BRW ELNESS ARCHITECTS INC
I~I FIELD REPORT
Thresher Square
700 Third Street So.
Minneapolis,
MN 55415
6121 339-5508
Fax 612/339-5382
#31
PROJECT: PRIOR LAKE MAINTENANCE BUILDING
BRWEA #2908.Z00
DATE: June 11, 1996
OWNER: City of Prior Lake
CONTRACTOR: Rochon Corporation
REPORT BY: Jeff Oertel
WEATHER: Sunny; warm: Low of 60 to a high of 85 F. by mid-
day.
PRESENT ON SITE: Forrest of Rochon, Paul Hokeness and Al Friedges of
Prior Lake, and Jeff Oertel. Mechanics, earthwork
contractor, painters, electricians and others on site.
WORK-IN-PROGRESS: Painting, class V, earthwork, vcr tile, carpentry,
earthwork, painting, electrical and mechanical rough-in.
~ OF WORK. COMPLETE: Approximately 90 +/- %.
OBSERVATIONS:
1) The most major issue this week is at the east end of the site, concerning
excessive site water. The contractor has tried on several occasions to level off
and prepare the sand fill for the class V, but the water has percolated up to the
grade level. It appears that there is no easy means of working with the
conditions without additional work, or without future damage to the
bituminous paving.
The most simple solution is to provide drain tile at the perimeters and
interspersed throughout the parking lot area. The drain tile would "daylight"
to the north and tie into the catch basins at the south. Unfortunately, the cost
for this is quite substantial. City staff is working on options for this issue.
2) Another site issue is the proposed berm to the north of the building. Paul, AI,
Forrest and I discussed eliminating this berm since it was relocated from the
1
building wall to the open site area away from the building. A berm at this
location would potentially trap storm water, and would help only a little to
hide the building. Thus, we decided to eliminate this berm.
3) The grading is well underway, and the topsoil is being placed at the west
portion of the site.. The curb and gutter work is complete at the west portion
of the site. Side walks are being located, ready for installation. I advised -
Forrest that the sidewalk that leads out of the multi-purpose room should be
the width of the stoop outside of the exit door, leaving a green space east of
the walk. Although sand was installed all the way to the east wall for a
concrete slab, the last 5' or so of this site section will be green space.
4) The swinging door and Kalwa11 are complete at the northwest door of the
vehicle storage area. I bad feared that there would he prohlems in the
installation of this, but the work is in place, secure and functional, with little
problem.
5) The projection screen location was moved to the center of the east wall of the
multi-purpose room.
6) At the vending area, there was once a question on the fue dampers for the
ducts leading into the kitchenette. Apparently, these were not sent to the site
and are now being installed.
7) The interior office spaces are nearly complete. The ceiling tiles will not be
installed until the HV AC is done, and once this is the case, the areas need to.
be given the "once over" by the contractors as there are a number of minor
items to be corrected (such as chips, paint concerns, missing items, etc.--the
type of items that are minor but critical to complete prior to the Punch List).
8) The green tiles have just been installed at the exterior side of the panels and
brick walls. They are a good match to the green metal and need the sealant
joint once set and cured.
9) The painter is balf complete with the work in the vehicle maintenance space.
Thus far, the colors are working out quite well and all items are coming
together.
10) Forrest talked with the city staff about the delivery and installation of trees for
the site. Forrest advise that the installation needs to be started by Wednesday,
and this coincides with the irrigation work. Paul and Al advised that they
2
11)
12)
13)
c:
(11.1)
could work with the gameplan, but there was one isolated area of the site
where they may wish to install B&.B trees later.
As noted earlier, the overhead door height to the Trash Room is not correct.
Forrest checked and advised that they may be able to cut the concrete and
maintain a 6.-10" clearance.
I advised that, at the end of the work, we may just want to paint out the roof
top ventilators instead of building screen walJ.!, at the vehicle storage roof.
The reasons are that this will be less expensive (allowing us to use the
allowance for other purposes), the screen could be more obtrusive than the
painted roof top units, and that the roof units are hardly visible from all but
the far east direction.
My guess is that the work will be virtually complete by the second week in
July, with interior portions finished prior to this. I for ooe am very pleased
with the effon made by many subcontractors, and Forrest in particular, to
make this a very cost-effective and attractive building. Regardless, I am
certain that most parties are running short of dedicated funds or contract sums,
and need to close out their work. Also, most work is acceptable, and we need
not any exceptions to this. Thus, the next few weeks are critcial.
Paul Hokeness, Mark Swenson, Jeff Wellman, Jon Horn, Nann Klaassan, File
3
BKBM.'Tri"c .
TO:
DATE:
FROM:
SUBJECT:
L
ID :"612~29482
JUN 10'96 16:52 No.023 P.Ol
PROFESSIONAL ENGINEERS
219 Nor1h Secoad Stnd
Minneapolis, MN 55401
(612.) 333-7101
Fax~ <'12) 34%-9482
BKBM Job No.
MEMORANDUM
~ ~ l'!!1 11h 'i..14. - I U' 40-
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BAKICE KO" aA.l..LOU ... McF AIUJH. D"fC.
June 10, 1996
III(
II~
PROFESSIONAL ENGINEERS
219 North Second Street
Minneapolis, MN 55401-1460
(612) 333-7101
Fax: (612) 342-9482
Mr. Jeff Oertel
BRW Elness Architects, Inc.
Thresher Square
700 Third St. S.
Minneapolis, MN 55415
:' IN "
.J U r
1996
Re: Prior Lake Maintenance Building
BKBM No. 95265.22
Dear Jeff:
An electrical site review was conducted on Friday, June 7, 1996 with the following comments:
1. Room 103 - Lamps in Type "R" series fixtures should match. Lamps should be coated.
2. Room 115 - Add gasket to all outlet plates.
If you have any questions, please do not hesitate to call.
Sincerely,
BAKKE KOPP BALLOU & McFARLIN, INC.
~~
Norman Klaassen
Direct Line: 342-9470
C20\Oertel.jl0
BAKKE KOPP BALLOU & McFARLIN, INC.
An Equal Opportunity Employer
NOTICE OF FILING FOR THE 1996 STATE GENERAL ELECTION
SCOTT COUNTY, MINNESOTA
JUNE 1996
Notice is hereby given that a general election will be held in
Scott County on Tuesday, November 5, 1996, for the purpose of
electing candidates for the offices listed below. The filing
period for these offices begins at 8:00 a.m. on Tuesday, July 2,
1996, and ends at 5:00 p.m. on Tuesday, July 16, 1996.
Candidates for the following Offices file with the Secretary of
State, 174 State Office Building, 100 Constitution Avenue, Saint
Paul, MN 55155-1299.
****************************************************************
FEDERAL OFFICES
Ten presidential Electors
One United States Senator
One United States Representative for Districts:
1 Elko, New Market City, New Market Township
2 Belle Plaine City, Belle Plaine Township, Blakeley,
Cedar Lake, Credit River, Helena, Jackson, Jordan,
Louisville, New Prague, Prior Lake, St. Lawrence, Sand
Creek, Shakopee, Spring Lake
3 Savage
*****************************************************************
STATE LEGISLATIVE OFFICES
One State Senator for Districts:
25
New Prague P-2
35
Belle Plaine City, Belle Plaine Township, Blakeley,
Helena, Jackson, Jordan, Louisville, New Prague P-3,
Prior Lake, St. Lawrence, Sand Creek, Shakopee
Precincts 1-5, 7 & 8, Spring Lake
37
Cedar Lake, Credit River, Elko, New Market City, New
Market Township
41
Savage, Shakopee P-6
One State Representative for Districts:
25A New Prague P-2
35A Belle Plaine City, Belle Plaine Township, Blakeley,
Helena, New Prague P-3, St. Lawrence
37B Cedar Lake, Credit River, Elko, New Market City, New
Market Township
41B Savage, Shakopee P-6
*****************************************************************
JUDICIAL OFFICES
One Judge of the Supreme Court for seat 3 (Anderson seat)
One Judge of the Supreme Court for seat 5 (Stringer seat)
One Ju?ge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
One Judge of the Court of Appeals for Seat
1 (Toussaint seat)
5 (Willis seat)
8 (Kalitowski seat)
9 (Klaphake seat)
10 (Lansing seat)
12 (Parker seat)
15 (Schumacher seat)
16 (Short seat)
One 1st District Court Judge for Seat 1 (Atkins seat)
One 1st District Court Judge for Seat 6 (Harves seat)
One 1st District Court Judge for Seat 10 (Howe seat)
One 1st District Court Judge for Seat 13 (King seat)
One 1st District Court Judge for Seat 14 (Lacy seat)
One 1st District Court Judge for Seat 15 (Lynch seat)
One 1st District Court Judge for Seat 16 (pawlenty seat)
One 1st District Court Judge for Seat 17 (McCarthy seat)
One 1st District Court Judge for Seat 18 (Menke seat)
One 1st District Court Judge for Seat 21 (Perkins seat)
One 1st District Court Judge for Seat 22 (Sovis seat)
One 1st District Court Judge for Seat 25 (Thuet seat)
One 1st District Court Judge for Seat 27 (Young seat)
One 1st District Court Judge for Seat 28 (Asphaug seat)
NOTICE OF FILING FOR THE 1996 STATE GENERAL ELECTION
SCOTT COUNTY, MINNESOTA
JUNE 1996
Notice is hereby given that a general election will be held in
Scott County on Tuesday, November 5, 1996, for the purpose of
electing candidates for the offices listed below. The filing
period for these offices begins at 8:00 a.m. on July 2, 1996, and
ends at 5:00 p.m. on Tuesday, July 16, 1996.
CANDIDATES FOR THE FOLLOWING OFFICES FILE WITH THE SCOTT COUNTY
AUDITOR, 428 S. HOLMES STREET ROOM 103, SHAKOPEE MN 55379
*****************************************************************
STATE LEGISLATIVE OFFICES
One State Representative fo~ District 3SB
Jackson, Jordan, Louisville, Prior Lake, Sand Creek,
Shakopee Precincts 1-5, 7 & 8, Spring Lake,
*****************************************************************
COUNTY OFFICES
One County Commissioner fo~ Distric~ 2
Cedar Lake, Elko, Helena, New Market City, New Market Twp.,
New Prague, Spring Lake
One County Commissioner for District 4
Prior Lake Precincts 1-5
One County Commissioner for District 5
Credit River, Savage Precincts 1-5
One Soil and Water Supervisor for District 3
Elected County Wide
One Soil and Water SUDervisor for District 4
Elected County Wide
One Soil and Water Supervisor for District 5
Elected County Wide
POLITICS
in Minnesota
A newsletter that gives you the
insiders' look at Minnesota
DFL Convention Issue
Politics In Minnesota will be
distributed at this weekend's DFL
state convention as well as to our
regular subscribers. Welcome to
delegates, alternates, media and
hangers-on attending the conven-
tion and thanks for participating
in the political process.
politics. Written and edited by
three of the state's most experi-
enced public affairs consultants,
Wy Spano, D.J. Leary and
Sarah Janecek.
For the DFL:
Smooth and Scary
This week's DFL state conven-
tion only has one piece of major
business: endorse a candidate for
u.s. Senate. That seat belongs to
the party's incumbent. Sen. Paul
Wellstone, who has no opposition
for the party nod. Thus, the
endorsement is without much
interest. That void can spell trou-
ble for Wellstone. Without a
contest to hold their interest, the
news media will focus on policy
divisions among delegates.
One split is the Boundary Waters
Canoe Area-Voyageurs National
Park tussle, for which Wellstone
has proposed mediation, satisfying
neither DFL tree-huggers nor 8th
Congressional District motor-
lovers. At last week's Republican
convention, Sen. Rod Grams got
off a good shot at Wellstone when
he suggested that no one should
be surprised at Wellstone's media-
tion suggestion since calling in the
government to fIX problems is the
senior Senator's modus operandi.
Last week Wellstone contributed
to potential convention trouble
when he said he opposed same sex
marriages. Gays and lesbians
were mad enough to consider
running a token candidate against
Wellstone at the convention. Both
Politics in Minnesota is published
by Political Communications, Inc.
Subscriptions are $48 per year for
22 issues.
Letters from readers are welcome.
Write: Politics in Minnesota
26 East Exchange St.
St. Paul, MN 55101
Call: (612) 293-0949
Fax: (612) 293-0373.
E-Mail: POLlNMN@AOL.COM
You can quote from this newsletter as long
as you identify the source. You can' make
copies of this newsletter or any page thereof
unless you have purchased the right to copy
from the publisher. The right to make"up to
five copies of a subsaiption is $100 per
year; from 6-20 copies is $200.
C Copyright 1996
_ issues provide enough intensity
for a good, old fashioned, interne-
cine DFL brawl. And that can
produce the kind of headlines that
can seriously cripple a candidate
when he should be having his
finest hour of the election season.
Wellstone has another problem
at this conventionumost delegates
know he's going to get endorsed
and they think he will win reelec-
tion handily. Thus delegates and
the media may focus on the
glitterati of likely DFL candidates
for the 1998 Minnesota guberna-
torial election instead of on Well-
stone. We've talked with more
than half dozen would-be DFL
gubernatorial candidates who
consider their presence at this
convention to be their first step
toward winning back the gover-
nor's office in 1998.
Why Was There
No Endorsement
In Duluth?
Three reasons: 1) Bert McKasy
supporters miscounted and thus
violated an ancient convention
maxim: front-runners against a
field need at least 450/0 on the frrst
ballot or they appear weak. Re-
publican party officials, Uke your
. editprs, expected McKasy to be
endorsed in time for the Friday
night news. When his numbers
came in lower than the expecta-
tions, there was trouble. 2) No
one expected that Rudy
Boschwltz and wild man candi-
date Monti Moreno could strike
and stick to an alliance during the
convention. Granted, the two had
a common objective: preventing
McKasy from being endorsed.
fJ
But Moreno's raw meat rhetoric
was so inflammatory it seemed
incredibly dangerous for
Boschwitz to be seen anywhere
near the guy. Moreno's dele-
gates were the key, however.
Although they didn't support
Boschwitz they were willing to
hang in till the hung convention
ended. 3) Republican rules call
for 600/0 support of all delegates
for endorsement. Because the
endorsement was supposed to be
signed, sealed and delivered,
many delegates had made other
plans and left Duluth. On the
final ballot. less than 70% of the
eligible votes were cast. McKasy
would have need 850/0 of the
actual votes cast to be endorsed
by that time.
Notes from the
Republican
Convention
... There were so many journal-
ists covering the Republican
Convention last week in. Duluth
that one veter.an reporter com-
mented, '"This is the Minnesota
version of the invasion of Grena-
da." The Star Tribune was
particularly long on reporters
because, when the DFL canceled
its convention tn Rochester,
reporters sc~eduled for that trip
_ objected to the lack of a junket
and got to go to Duluth.
.. . Delegates opposed to the
extreme right wing rhetoric of
Stillwater hairstylist and U.S.
Senate candidate Monti. Moreno
joked, "Vote for Monti. he1l curl
your hair."
.. . Prominently featured in the
pack of Moreno materials dis-
tributed at the convention was a
picture of McKasy with Harold
Stassen. It was probably effec-
tive, given that four years ago,
the Republicans wouldn't allow
Stassen to attend that year's
national convention as the
Stassen delegate.
C Copyright 1996 Politics in Minnesota
...The campaign committee for
Mark Stenglien. who's running
on the Republican side against
incumbent Hennepin County
Commissioner Sandra Hllary,
has adopted the following slo-
gan: "No more gambling with our
county! Make Hllary fold!"
.. . Several environmentalists tried
but failed to remove the plank
from the Republican party
platform in support of Sen. Rod
Grams' legislation for more
motorboats and local manage-
ment input in the BWCA/VNP
issue.
McKigneyRunning
Uphill In 7th
There's good news and bad
news for Republican congres-
sional candidate Darrell McK-
igney in his quest to unseat 7th
District incumbent DFLer Rep.
Collin Peterson. The good news
is that the party members in the
district are not carrying on the
usual self-destructive. intra-
party warfare that has helped
them lose elections to Peterson
in the past. The bad news is
McKigney is an unknown in the
party in northwestern Minneso-
ta. His conservative credentials.
earned with his work in Wash-
ington on the staffs of ViD Weber
and Jim Ramstad and his high.
statewide visibility with the
Family Values Council. make
him untouchable from the far
right. Unfortunately. these are .
not the qualities that voters in
the 7th Congressional District
are looking for. While McKlgney
has some native roots in the
district. his public self has never
been associated with the issues
or politicians of the region. His
carpetbagger problem was
exacerbated when he got ready
to run for former Sen. Joe
Bertram's (DFL-Paynesville) seat
earlier this year. He discovered
at the last moment that he didn't
meet the residency require-
ments. On top of all that. McK-
19ney will have great difficulty
arguing conservative agricultural
policy with farm-savvy Peterson.
As of our swing through nine
counties in that district just
prior to last week's Republican
State Convention, we sensed
McKlgney's biggest problem is
generating some passion for his
candidacy among his fellow
Republicans. In addition, 7th
District supporters of Governor
Arne Carlson haven't forgotten
that it was McKigney and his
Family Values Council that
produced the 1994 television. ad,
supporting the candidacy of
Allen Quist, depicting Carlson
dancing with Bill Clinton.
Kinsella Opens Firm
Steve Kinsella, press secre-
tary for Attorney General Skip
Humphrey, is leaving the Hum-
phrey staff. Word is that Kinsel-
la, who came to Humphrey from
U.S. Senate Minority Leader
Tom Dascble's (D-SD) office, will
start his own political/campaign
media consulting business. Last
week. he was reportedly working
on a congressional race in South
Dakota and looking at races in
other states. Insiders at the DFL
State party offices tell us that
the Party will hire Kinsella for
the 1996 campaigns now that
he's severed his ties to the AG's
office. While he wasn't with
Humphrey a long time, he
accumulated a good working
knowledge of Minnesota and
media contacts that may be
helpful to DFLers.
Bits &
Pieces
...Convention goers shouldn't
miss the opportunity to pur-
chase. for just $10, the com-
II
memorative book Undefeated
about the party's principal
founder Hubert H. Humphrey,
published in 1978. It's a great
remembrance of the Happy
Warrior, complete with quotes
and pictures. Those not at the
convention can order the book
from the DFL at 612-293-
1200.
...From Bob Krogman's MPMA
newsletter: "New data indicate
that for the first time since
petroleum prices began rising
last January, wholesale gasoline
prices have gone up less than
retail prices."
...Former KSTP-1V news reporter
Tom Garrison is the new editor
of Minnesota. the official mem-
ber publication of the University
of Minnesota Alumni Associa-
tion.
... Historical clarification: We
noted in our last issue that the
Minnesota Poll in the race for
the IR gubernatorial primary in
1990 showed Arne Carlson way
out ahead of Jon Grunseth, who
eventually won on the Septem-
ber election. While polling for
primaries is always difficult. it is
not impossible. The Star Tri-
bune pre-primary 1990 poll was
done three to four weeks prior to
the election. In the intervening
time period, Grunseth's forces
put together a massive phone-
tree, get out the vote operation
that concentrated on their
known supporters. By polling
closer to the primary in 1994, the
Minnesota Poll was able to
correctly indicate that the DFL
race between John Marty, Mike
Hatch and Tony Bouza was
basically a toss-up. On the IR
side, the polling showed that
Carlson was never in any danger
of being overtaken by .Allen
Quist.
...Attention 1996 candidates!
The Star Tribune has an-
nounced that it will offer a 50
percent discount on all political
advertising to candidates, parties
and caucuses from now until the
November 5 general election.
Political organizations support-
ing particular candidates will get
a 25 percent discount from the
paper's normal ad rates.
...We got Mark Dayton and his
new wife Janice into the wrong
line of animal husbandry. We
said --based on a known past
affection Janice had for the
animal--that the Daytons would
raise horses on their new farm.
NOT! Mark, in a very humorous
letter, says they are going to
raise beef cattle, Simmentals to
be precise. According to Mark,
Janice, while once considering
raising horses, lhought it would
be inadvisable to have a herd of
animals whose intelligences were
arguably higher than her hus-
band's." This new, self-depre-
cating Dayton humor will play
well in future election cam-
paigns.
...A lot of Minnesota farmers are
applauding the decision of Boise
Cascade, the giant Koochiching
County paper producer, to start
a new fiber farming project in
Minnesota. Boise's environmen-
tal research project is designed
to convert marginal agricultural
land to the production of wood
fiber as a new crop, just as one
might consider branching out
into growing sunflowers or some
other cash-crop. Minnesota
farmers with marginal tracts of
farmland will be invited to plant
that land with hybrid cotton-
wood trees. Ag Commissioner
Gene Hugoson couldn't be
happier. He sees it as another
income opportunity for Minneso-
ta's family farmers that can help
add economic diversification to
some of the state's troubled rural
areas. For Boise it means a
harvestable 70-foot tree in seven
to ten years as compared to the
40-year growth cycle now re-
quired for aspen trees.
.. .Special congratulations from
here in the heartland to Eddie
Mahe in Washington. Mahe, the
ubiquitous, brilliant and disarm-
ingly charming Republican
master-strategist-consultant and
his partner Ladonna Lee will be
celebrating The Eddie Mahe
Company's 20th year in busi-
ness on June 25.
...How is this for a partial bi-
partisan list of supporters: Skip
Humphrey, Doug Kelley,
Sharon Sayles Belton, John
Simonett, Doug Amdahl, Bob
Sheran, Tom HeffelCmger, Ron
Meshbesher, Peter Thompson
and Joe Friedberg? The one
thing they all agree on is their
support for the candidacy of
Minneapolis attorney Bruce
Peterson to fill the seat on the
Hennepin County District bench
being vacated by retiring Judge
William Posten.
...Travel in the Walker, Minneso-
ta/Leech Lake area and you'll
run into a lot of people reporting
sightings of the area.s newest
resident, Vin Weber. Weber was
seen by a lot of townsfolk during
last month's walleye season
opener. He and the family have
just completed building a new
place on the shores of Leech that
will become increasingly impor-
tant to him as he starts to
refocus on Minnesota and the
1998 elections.
...The new director of communi-
cations and P. R. for the Minne-
sota Council of HMO's is Carla
Maxwell. Maxwell's previous
assignment was building a
legislative network for the U ni-
versity of Minnesota's Alumni
Association, a job she completed
spectacularly well. We've
watched lots of these efforts in
the past and this one outdid all
others.
...Want to know more about
voting by mail? There is a Na-
tional Vote-By-Mail Symposium
scheduled for July 25 through
~ Copyright 1996 Politics in Minnesota
11
27, 1996 at Portland State
University. For details on regis-
tration and costs, call 503-725-
8500.
...The nation's news media has
done a wonderful job in pushing
for tightened ethical standards
for public officials and people in
positions of trust. Realizing this,
we found it interesting that no
news outlet that we came across
questioned or editorialized
against a blanket offer from
Amtrak rail officials to provide
free transportation to reporters
wishing to attend las! weekend's
Stand For Children demonstra-
tion in Washington. D.C.
.. .Seems like everyone we meet
involved in the front line work of
Minnesota politics has a favorite
door - knocking story. And now
we find out that Sen. Ember
Reichgott Junge (DFL-New
Hope) is compiling those stories
for a book on the unique torture
of campaigning in Minnesota--
slogging door to door, farm to
farm. picking up votes one at a
time. Reichgott Junge would
be happy to hear your favorite
door-knocking episode. You can
send it to her at 205 State
. Capitol Building or call 612-296-
. 2889 for more guidance.
< : ...Stumped for a new twist on.
t . -~- ~.._U
POLITICS IN MINNESOTA
26 East Exchange Street
Suite 120, Exchange Bldg.
St Paul, MN 55101
FIRST CLASS MAIL
fund raiser food? We're told
lobbyist Bonnie Balach is
willing to call upon her Serbian
background to provide fabulous
hors d'oeuvres or full meals.
Call her at 612-653-4926.
...The Center of the American
Experiment is sponsoring a
forum on income inequality
Friday, June 21, from noon to
1:30 p.m. at the Radisson Plaza
in downtown Minneapolis.
Asserting that the United States
is growing uncommonly skewed
in its income distribution will be
5th District Congo Martin Sabo
(D-MN) who's been leading the
national discussion on this
issue. Center Director and local
lawyer John Hinderaker will
take the other side. Hinderaker
recently authored one of the
Center's papers on the subject.
Call 612-338-3605. Cost is .
$17.50; $15 for Center members.
... We misspelled the name of
Rep. Tim Commers (R-Eagan) in
the last issue, but we've got an
excuse. Our proof reader wasn't
available for the last effort, so we
were working without a net.
Commers in real life is with
Burnet Realty, where they spell
his name right all the time.
Frank Boyles
City of Prior Lake
4629 Dakota street
Prior Lake, MN 55372
Party On, Dude
Got to be the best DFL conven-
tion party-wise in many a year.
Friday night at 6:00 p.m. in St.
Paul's Rice Park there'll be a
bar-b-que featUring national
party chair Sen. Thomas Dodd
(D-CT) and all the party officers,
candidate wannabees, and
whatever. Cost is $15 in ad-
vance, $20 at the door. Later
Friday night, starting at 9:00
p. m. at the St. Paul Radisson,
Minnesotans for a Democratic
Majority are sponsoring a bash
that will feature local comedians .
Colleen Kruse and Jackie
Kasbian. MDM is the group
trying to get 20 and 30-some-
things involved in the political
process. All convention dele-
gates as well as MDM's 1400
members are invited.
Then, Saturday. comes anoth-
er of the storied DFL convention
parties hosted by Mark Dayton.
It's called "Magic of the DFL" and
will feature roving magicians,
dancing. and talking heads (it
must be a DFL convention).
Interesting: it's the first time
one of these Dayton parties is
being held in the Twin Cities.
Wherever held, these parties,
supervised by empresario Paul
Ridgeway, are wonderful.
<~,:~::t:;6~'~ ;~~~;!~'i i
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