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CorrespondenceConfession of Judgment from State of Minnesota (Carver County District Court) Chanhassen Fire Department Fire/Rescue Report dated July 15 - 21, 2002. Chanhassen Fire Department Fire/Rescue Report dated July 22 - 28, 2002. Chanhassen Fire Department Fire/Rescue Report dated July 29 - August 4, 2002. Chanhassen Public Library Progress Meeting Minutes #5 dated July 18, 2002. Letter from Campbell Knutson dated July 29, 2002. - Chanhassen Public Library Progress Meeting Minutes #6 dated July 25, 2002. Minnetonka Public Schools - Budget Management Options for 2002-03. Chanhassen Public Library Progress Meeting Minutes #7 dated August 1, 2002. Metropolitan Council Housing Performance Score. Rug 05 02 12:51p Prof'. STATE OF MINNESOTA COUNTY OF CARVER City of Chan. hassen, a Minnesota, municipal corporation, Plaintiff, VS. . . Redevelopment Inc. G127881011 DISIRICT COURI FIRST ~DICIAL DISTRICT Co~ File No. Case T>~: Collection Ckanhassen Chiropractic Center P.A., a Minnesota corporation, Defendant. CONFESSION OF JUDGMENT !. Pl:in.~iff has co~w,~enced an act/on against Def'cndant in GaR;er County Ccmcili~,:~ion Court (Case No. 5802363) alleging that Defenda_n~ is indebted to Piaintiffm t!te '*,m:ount of $6,79g.09 for tulpaid rent for tt:e montl,.s o£Ja..r~uary through M~ch, 2002. 2. The parties ttavc entered into a compram/~e .';etllcment whereby Defendant ,,'-,'ill pay 56,798.09 to Pla/ntiff, without interest, in the followLng manner: a. .$2,266.03 on August 15, 2002; b. S2,266.03 on September 15, 2002: and c. $2,266.03 on October 15, 2002. 3. In fl~e event of default by Defending1 in the payment offllc amounts set forth above, Plaintiffrnay send written notice by regular mail ~o Defendant at 854 West 78th Street, #204, Cltanhassen, Mitmegota 55317. IfDefendam fails ~o cure the default within RECEIVED AUG - 5 2O0Z ~,ITY ~F' CHANHASSEN .. Ru§ DS 02 12:S1p P~o~. Redevelopment Inc. 6127881011 seven (7) days from the date of such vnittcn notice, Defendant agrees that upon die filing of an Affidavit Io such effect by Plaintiff, that judgment may be entered in favor of PlaJ_nfiffand against Defendant for $8,000.00, less amoums paid hereunder, withou! any stay. 4. Defendant acknowledge~ that the settlement herein is conditioned upon Defendant's pa)maent of the amoums set forth above, and in the event of Dcfendant's failure to pay the same, Defendant authorizes and appoints an3, attorney designated by Plaintiff to enterjudgmenl pursuant to this Stipulalion against Defendant in the amount of ~'§,000.00, less payments made hereunder by Defendant. _ . PlaintiffxGll d/sm/ss thc pend/ng Concilia~ioa Court claim. Da',cd: ~. --, __, '~.,~us, 2002. CAMPBEI · ~ ~L KNnJTSON ro flesstona1,4y~ ociat ion Thomas M. Scon,//98498 Attorneys for Plaintiff 317 EagandaJe Office Center 13 80 Corporate Center Curve Eag,'m, Minnesota 55121 (651) 4-52-5000 Dated: August :5 , 2002. CH,%NHASSEN CHIROPRACTIC CENTER Professional Association 854 West ~ 8 Sin:et,//204 Chmnhasscn, Minnesota 55317 Ru6 05 02 12:Sip Ppo¢. Daled: August ~__~._~, 2002. Redevelopment Inc. 6127881011 SCHNITKER. & ASSOCIATES Professional Association Attorneys for Defendant 2300 Central Avenue N.E, Minneapolis, Minnesota 554 (612) 789-515I Moll Mon Mort Mon Mon Tues Tues Weds Weds Thurs Thurs Fri Fri Sat Sat Sun Sun Sun Sun Sun Jul 15 Jul 15 Jul 15 Jul 15 Jul 15 Jul 16 Jul 16 Jul 17 Jul 17 Jul 18 Jul 18 Jul 19 Jul 19 Jul 20 Jul 20 Jul 21 Jul 21 Jul 21 Jul 21 Jul 21 1:04 AM 10:23 AM 1:19 PM 1:55 PM 3:27 PM 10:37 AM 10:40 AM 1:50 PM 5:49 PM 6:54 PM 11:21 PM 3:22 AM 6:02 AM 1:01 AM 9:19 AM 3:35 AM 10:36 AM 12:17 PM 7:14 PM 7:35 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 15 -JULY 21, 2002 Autumn Ridge Way Commerce Drive Longacres Drive Carver Beach Road West 78th Street Mission Hills Drive Preakness Lane Deerbrook Drive Dakota Lane Valley Ridge Trail North Penamint Lane Audubon Road Deerbrook Drive Lake Drive East Pineview Court Saratoga Drive Kurvers Point Road Gray Fox Curve Highway 101 & Highway 212 Lakeview Road East Medical - possible heart attack Medical - possible heart attack Medical- child fell, cancelled Medical - person fell from bike Fire in a mail box Medical - unknown problem Medical - trOuble breathing Medical - child stuck in swing set Medical - trouble breathing Medical- person fell from bike Medical - carbon monoxide alarm Medical - head injury from a fall Fire alarm - false alarm, no fire Medical - possible heart attack Medical - person unconscious Medical - possible heart attack Medical - possible heart attack Fire alarm - false alarm, no fire Car accident - cancelled, no injuries Fire alarm - false alarm, no fire MoB Mort Tues Weds Thurs Fri Fri Fri Sat Sat Sat Sat Sat Sun Sun Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul Jul 22 22 23 24 25 26 26 26 27 27 27 27 27 28 28 4:37 PM 5:25 PM 10:51 PM 1:52 PM 9:42 PM 8:38 AM 6'52 PM 10:36 PM 10:24 AM 3:01 PM 3'49 PM 6:15 PM 9:35 PM 12:44 PM 6:09 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 22 -JULY 28, 2002 Highway 5 & Highway 41 Coulter Boulevard Mulberry Circle West 78th Street Santa Vera Drive Market Boulevard Pontiac Circle Ehn Tree Lake Susan Gray Fox Curve Fire station Pioneer Trail Alisa Court Rice Marsh Lake Park West 78"~ Street Cat' accident with injuries Fire alarm - false alarm, no fire Medical - possible heart attack Medical- unknown problem Medical - assist with lifting Medical - trouble breathing Gas alarm Smell of smoke, unfounded Assist with search Medical - person fell Weather spotting Possible fire/recreation fire only Medical - unknown problem Medical - person unconscious Medical - chest pains CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE \VEEK OF JULY 29 - AUGUST 4, 2002 Tries Tues Tues \\:eds \\'eds \Veds Fri Fri Sat Sat ~tlll ~tlll Jul 30 Jul 30 Jul 30 Jul 31 Jul 31 Jul 31 Aug 2 .,\ug 2 ,Aug 2 /\ug 2 .'\u,_' 3 ..\u~ 3 ."\ti'2 '~ .-Xu~ 4 ..Xu~ 4 .Aue 4 .At~g 4 12:59AM 8:44 PM 9:26 PM 1'~'13-~. PM 12:55 PM 3'38 PM 6:01 AM 11:29 AM 2:09 PM 8:47 PM 4:14 PM 5:26 PM 6:35 PM o.~ PM I i:53 PN1 3:00 AM 4:20 AN4 12:17 PM 9:14 PN.t 9:19 PM Chart View Powers Boulevard Lotus Trail Kimberlv Lane Highway 212 Lake Drive East Dakota Circle Eden Prairie Fire Dept Nlain Street Po\vets Blvd& Kerber Blvd Nlelodv Hill Harvest Lane Fire Station Fire Station Mallard Court Erie Si>u:' Sama \;era Drive Pox~ ers Boulevard Elm Tree Sama \:era Drive Gas Mann Medical - difficult>: breath ing Shed fire Medical - possible heart attack Car accident with injuries Medical - person fell Medical- unrespo,,~sive male Mutual ,Aid - standby Fire alarm - false alarm, no fire Car vs. bicvcle accident Medical - trouble breathing Medical - person faimed \Veather \Vatch \\'eather \Vatch Medical - difficulty brenihin~ Medical - seizures Abdominal pain Medical - possible broken hip Carbon .Monoxide alarm Medical - chest pains Meeting Date: 7/18/02 Minutes Typed: 7/23/02 KR US-ANDERSON CONSTRUCTION COMPANY ~ONTRACTORS & CONSTRUCTION MANAGERS Building Divisio~. · 612 721- 758i · 2500 Mi,~2.nehaha Ave · 3li~2neapolis, Ms\r 55404 CHANHASSEN PUBLIC LIBRARY Progress Meeting Minutes #5 Present: D_D_ NAME COMPANY PHONE FAX E Teresa Burgess City of Chanhassen 952-227-1169 952-227-1170 E Jeff Keogh City of Chanhassen 952-227-1191 952-227-1190 15 Bill Bement City of Chanhassen 952-227-1166 F, Barry Petit :'vi S &R 612-359-3234 612-342-2216 F_ Mike Oeh'ich Larson Electrical 763-780-8658 763-786-5864 I5 Bill Cox Kraus-Andcrson 612-721-7581 612-721-2660 Cy Jolm Dahl Kraus-Anderson 612-721-7581 612-721-2660 E-MAIL/CELL tburgess~ci.chanhassen.mn.us jkeogh~ci .chanhassen .mn .us bbement~ci.chanhassen.mn.us barry~;msrltd.com moelrich@lar-clec.com billco~kabld.com dahl~kabld.com Not Present: i_) NAME CO~IPANY PHONE FAX 15 Richard Rice Git>' of Chanhasscn 612-919-6793 952-227-1911 }: Bob Reid Git5' of Chanhassen 952-227-1195 952-227-1190 t2 Steve Torell City of Chanhassclq 952-227-1199 952-227-t 190 Ii Todd Gerhardt City of Chanhasscn 952-227-1100 952-227-1110 15 Justin Nliller City of Chanhasscn 952-227-1118 952-227-1110 ~5 Mark Littfin Fire Nlarshall 952-227-1191 952-227-1190 E Melissa grechon Chanhassen Library 952-448-9395 952-448-9392 }: Jay Bird Crosstown Masonry 763-434-6371 763-434-7693 F Jeff Landborg Crosstown .X, lasonry 763-434-6371 763-434-7693 r! Brian Gieseke .Xletro..X. lechanical 952-914-3223 952-941-9118 F Steve Voss \"oson Plumbing 952-938-9300 952-938-8910 Cy Jim Packard Kraus-.,\nderson 612-221-2828 952-934-6057 Cv Dave Mervin Kraus-Anderson 612-721-7581 612-721-2660 E-MAIL/CELL rrice~,_;ci.chanhassen.mn.us st o rtl 1 :~c i. ch aah assen, mn. us tgerhardt~,c .chanhassen.mn.us jmiller!~.ci.chanhasscn.mn.us c ~firem~,ci.chanhassen.mn.us mbrechon~,co.carvcr.mn.us brian.giescl-: e:?_S e x e lonservices.com dmervin c~:kabld.com D - Distribution Method (PLEASE ensure we have the correct e-mail address or fax number.) E-E-mail F-Facsimile Cy~Copy Note: Only one fax is sent to the multiples. All on site scheduling is to be coordinated with Jim Packard, Kraus-Anderson Superintendent. Any contractual or administrative issues are to be directed to Bill Cox. Chanhassen Public Library Progress Meeting #5 Meeting Held: Jul), 18, 2002 Page 2 OLD BUSINESS: ITEM 1.1 Teresa Burgess, the city engineer, indicated she had spoken with Paramount Engineering regarding potential re-routing of ne~v utilities due to differing site condition locations. Of the three scenarios discussed, the one which appears to be most feasible is locating the storm sewer approximately 10 ft. south of thc xvatcr main which requires partial removal of the sidewalk along W. 78th Street per a preliminary drawing prepared by Paramount Engineering. The sanitary sewer running south on the east side of the new library will be revised to run southeast at a diagonal cutting across the southwest comer of the new park connecting into the existing sanitary manhole south of the existing temporary construction office building. Teresa will direct Paramount Engineering to incorporate these utility changes along with other utility change modifications included in previously issued Proposal Requests 1 and 2 and ASI #1 documents for permit application. Steve Voss from Voson Plumbing indicated that approval w/Il take approximately two weeks due to spring backlog approvals. MS&R distributed Proposal Request #3 which incorporates the revised site utility layout &si=on. K-A will distribute to those who are affected by the revised work. K-A indicated that in further reviexv of Proposal Request #3, existing utilities are located adjacent to and under the sidexvalk designated to be removed. Consequently, moving tile storm sexver further to the north along the old tree line, which is noxv the construction fence location maybe be less invasive. Removal and rcinstallation of the temporary construction fence will be required together with barricades surrounding the area until the construction activities are completed. Teresa Burgess indicated that City barricades may be utilized for this work if available. Construction Change Directive No. 2 dtd. July 8, 2002 has been issued to direct the contractor to proceed with the work described in PR #3 as well as the soil correction work at the existing site utility easement running north and south on the property. In light of the approval, Voson Plumbing reconfirmed that it would take two weeks before the concrete castings would be available. The individual documents have been forwarded to Voson's structure manufacturer earlier this week, but again reiterated that a single document incorporating all changes is preferred, esp. for installation. Commencement for site utility work is scheduled for approx. Aug. 1, 2002. The City will review the possibility of back feeding the water into the bldg. from an adjacent fire hydrant source as a temporary measure providing water if it is decided to remove the water line at this time. The storm sewer discharge can be diverted into an adjacent manhole. K-A will review temporary sanitary options. These temporary measures, if xvorkable, will alloxv soil correction work to commence sooner at tile existing utility easement bisecting the new bldg. footprint. K-A presented a proposal to provide temporary sanitau, waste collection for City Hall, which together with the temporary storm and temporaD, water measures previously discussed, will allow for the immediate removal of these active lines in the existing easement as well as soil correction. By doing so, a minimum of two weeks time will be salvaged in lieu of waiting for the new utilities to be in place prior to commencement of the soil correction work in the existing easement. Continuation of footing and foundation activities at the Library bldg. structure will be impacted if this temporary measure is not approved. Teresa Burgess recommended for temporary water service the installation of the new 8" gate valve, which is part of the original scope of utility work. No hoses will be required therefore to back-feed the City Hall Bldg. for domestic water needs. If this work proceeds K-A is to coordinate this effort with the Utility Dept. A one to two hour water shutdown period may be required. Next Thurs. could potentially be an ideal time to perform this work as the Bldg. usage will be diminished due to a City function. K-A was requested to submit this proposal in written form. ACTION BY K-A DATE REQ'D Chanhassen Public Librao, Progress Meeting (45 3~eeting Held: July 18, 2002 Page 3 OLD BUSINESS (Cont'd.): ITEM 1.11 Although the bldg. permit has been issued, the bldg. inspection dept. still needs to address some issues that Steve Torell itemized in his c-mail to Barry Petit on June 4, 2002. 1.t2 Larson Electric is awaiting response for their RFI requesting clarification for thc parking ramp lighting configuration. 3.4 Teresa Burgess requested that their utility inspector review the utility installation activities. Teresa indicated that in her absence Bill Bement should be contacted at 952-227-1166. City Engineering will detena'fine whether inspections shall be made by City employees or their outsourcing consultant or both. 4.1 Steve Voss stated that approval of the site utility drawings has been passed from thc state level to the city' level. Paramount Engineering has advised that modifications will be made to the existing Cull sized utility drawing incouoorating changes that have been made to the utilities summarized in Proposal Request #1 - #3. Target date to receive this document £rom Paramount Engineering is Mon., July 15, 2002. Teresa Burgess requested that she receive notification when the drawing has been received. The permit fee valuation for the site utility work application has not yet been dcren~qined. Voson delivered the revised final utility drav¢ing to the City for permit application yesterday and should be approved by the City bF· the end of this week. The only cost associated with the permit will be a S41.00 State Surcharge Fee. 4.4 Jim Packard indicated that one of thc cable vendors, I4~\IC. has relocated all of their existing undcrgrou:qd lines. NlcdiaCom however, has not done so. They however have advised tho City that all work has bccn completed. The City' will confirm. ACTION BY MS&R MS&R INFO. Paramount CITY DATE REQ'D NEW BUSINESS' ITEM 5.1 I4-.4 requested the on-site portable toilet, which is to be provided by the O;vncr at no cost to the Contractor per the contract documents, be delivered to the jobsite at this time. Teresa Burgess indicated that she would make the appropriate arrangements. .&CTION BY CITY DATE REQ'D The next Progress Meeting will be Thursdav, July 25th,, , ~. 9:00 a.m. at the Kraus-Anderson jobsite office. All present are asked to attend. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *A/so liamsed in V.'iscomin CAMPBELL KNUTSON Professional Association Attorneys at Law (651 ) 452-5000 Fax (651 ) 452-5550 John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt July 29, 2002 The Honorable Jean A. Davies Carver County Courthouse and Justice Center 600 East Fourth Street Chaska, MN 55318 Re: Chanhassen Chirol~ractic Center, P.A.v. City of Chanhassen Court File No. C8-02-1447 Dear Judge Davies: Please find enclosed an Affidavit and Memorandum In Opposition To Petition For Writ of Mandamus relative to the above captioned matter. Very truly yours, CAMPBELL KNUTSON Professio~ml Association Thomas M. ~cott · TMS.'d~ cc: Jon W. Morphew, Esq. Todd Gerhardt, Chanhassen City Manager (w/o enclosures) :u.E!VED JUL 0 2_002 ~.,!! ~ OF ..,n.~,,'~, Suite 317 * Eagandale Office Center t- 1380 Corporate Center Curve ~ Eagan, MN 55121 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT Court File No. C8-02-1447 Chanhassen Chiropractic Center, P.A., Petitioner, V, AFFIDAVIT '-Fne City of Chanhassen, Municipal Corporation, Respondent. 1. I am the attorney for the City of Chanhassen in the above matter. 2. Attached hereto to Exhibit "A" is a copy of "Denial of Claim for Relocation Benefits", signed by Chanhassen City Mm~ager, Todd Gerhardt, dated May 14, 2002. 3. Attached hereto to Exhibit "B" is a copy of a letter dated June 24, 2002, from Attorney Kirk Sctmitker to Thomas M. Scott relating to the Relocation Clahn of · · Richard and Janice Pickering pending before the City of Plymouth. STATE OF MINNESOTA COUNTY OF DAKOTA ) )ss. Thomas M. Scott Subscribe4 4¢d sworr)4xp before me this~7~ da5, ol(--j,z~M/ ,2002. NotmT Public ~ignature 101662 STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT Chanhassen Chiropractic Center, P.A., Petitioner, Vo The City of Char&assen, a Mir, nesota Municipal Corporation, Respondent. Court File No. C8-02-1447 MEMORANDUM IN OPPOSITION TO PETITION FOR WRIT OF MANDAMUS INTRODUCTION This petition for a Writ of Mandamus attempts to involve the District Court in an ongoing administrative proceeding. This Court can only take this extraordinary step if the Court determines that the City is failing to perform a duty clearly imposed by law. If there is any doubt about the duty of the City to appoint a third party hearing officer, this Court's inquiry must end and the petition must be denied. The procedural issue can then be raised and decided on its merits on appeal should the Chanhassen City Council ultimately up'hold the denial of benefits after conducting the hearing. STATEMENT OF FACTS~ The City purchased an office building located at 681 West 78th Street near City Hall in 1996. Petitioner, Chanhassen Chiropractic Center, a tenant in the building, was at that time owned and operated by Dr. Donald Kristenson. Dr. Kristenson, along with the other tenants, ~ The facts are supported by the "Denial Claim for Relocation Benefits", attached to the Affidavit of Thomas M. Scott as Exhibit "A". were allowed to continue their businesses since the City had no immediate need for the property. The current owner of Chanhassen Chiropractic Center, P.A., Dr. Susan Lecy, acquired her interest on or about January 1, 2002 with knowledge of the fact that the City would need possession of the property on or about April 1, 2002. Chanhassen Chiropractic Center, P.A., upon the transfer of ownership to Dr. Lecy stopped making rent payments in January of 2002. On March 8, 2002, the City served and filed an eviction complaint. Prior to the March 26, 2002, eviction trial, Dr. Lecy vacated the premises. The City is owed $6,326.25 in rent for January, February and March of 2002, plus late fees and penalties which have never been paid by Chanhassen Chiropractic Center, P.A. The transfer of stock ownership to Dr. Lecy also constituted an assignment under the terms of the lease to which/he City never consented. Despite her last minute illegal occupancy of the premises, Dr. Lecy on behalf of Chanhassen Chiropractic Center, P.A., requested payment of relocation benefits, claiming that her business was displaced as a result of the 1996 acquisition of the property by the City. On May 14, 2002, Chanhassen City Manager, Todd Gerhardt, made his findings and decision denying Dr. Lecy's claim for relocation benefits on behalf of Chanhassen Chiropractic Center, P.A. The claim was denied for three reasons: (1) Chanhassen Chiropractic Center, P.A. was evicted for cause; (2) Chanhassen Chiropractic Center, P.A. owned by Dr. Lecy occupied property after the date of acquisition by the City; and (3) Chanhassen Chiropractic Center, P.A. owned by Dr. Lecy occupied the property for the purpose of obtaining relocation benefits. On May 15, 2002, the City provided petitioner through its attorney the denial of claim, including the right to request an appeal to the Chanhassen City Council. ARGUMENT The City Council has no dear legal duty to delegate its quasi-judicial decision- making authority to a third party. A writ of mandamus is an extraordinary legal remedy issued only when the petitioner establishes that: 1) the official against whom the writ is sought has failed to perform a duty clearly imposed by law; and 2) there is no other adequate specific legal remedy. Mclntosh v. Davis, 441 N.W.2d 115, 118 (Minn. 1989); Demolition Landfill Services v. City of Duluth, 609 N.W.2d 278 (Minn. App.2000). In the present case, the petitioner claims that by presiding over the appeal, the Council has breached a clear duty to appoint a "fair and impartial" third party to hear and decide the petitioner's appeal; however, there is no statute, regulation or case that imposes such a duty. Claims for relocation assistance are governed by the Minnesota Uniform Relocation Act ("MURA") xvhich directs acquiring agencies to provide relocation assistance as required by federal relocation assistance regulations. Minn. Stat. §117.50 - .521 (2000). The relevant federal regulations require: 1) that the "[a]gency official conducting the review of the appeal" be either the head of the agency or Iris or her authorized designee, 49 C.F.R. 24.10(h) (2000); and 2) that the official was not directly involved in the action appealed, id. The Council here is itself the agency head and the Council was not involved with the City Manager's initial decision on relocation benefit eligibility. Despite the City's compliance with tile federal rules, however, the petitioner argues that due process principles preclude the Council from presiding over the administrative hearing. Due Process protections "include ... the right to an impartial decision maker, and the right to a reasonable decision based solely on the record." Humenansky v. Minn Bd. of Med. Exam 'rs, 525 N.W.2d 559, 565 (Minn. App.1994) (citing Goldbergv. Kelly, 397 U.S. 254 (1970). The Court in Goldberg explained that in administrative hearings, an agency decision maker is impartial if not involved in making the initial determination that is being reviewed: 101660 3 "We agree with the District Court that prior involvement in some aspects of a case will not necessarily bar a welfare official from acting as a decision maker. He should not, however, have participated in making the determination under review." Goldberg, 397 U.S. at 271. The procedural standards developed after Goldberg, as codified in the federal Administrative Procedures Act, merely prohibit agency adjudicators from harboring personal bias toward a party and call for the structural separation of an agency's prosecutorial and adjudicatory functions. 5 U.S.C. §554(d). Although an individual with personal bias toward a party cannot preside over a hearing involving that party and although an individual cannot both prosecute a case and then later preside in an appeal of the same case, federal law recognizes and accepts a degree of institutional bias in the administrative review process. See, e.g., I~qthrow v. 421 U.S. 35, at 47-48 (1975). Here, the City is doing exactly what both the federal rules and due process require by having the Council, the equivalent of the agency head, conduct the appeal of the City Manager's initial decision. No standard administrative procedure nor any constitutional requirements have been violated by the Council and there certainly has not been a breach of a "clearly imposed legal duty" such that an extraordinary writ may issue. In an attempt to imply such a duty, the petitioner has supplied a series of examples where · the City Council has assigned a hearing officer. None of the cases cited, however, offer any support for mandating delegation. In Naegele.v. Minneapolis Community Develoi)me~t/tge~cy, 551 N.W.2d 235,236 (Minn. App.1996), the dislocated business sought a declaratory judgment in district court after the hearing officer, the agency's own attorney, issued a decision. The district court dismissed for lack ofjurisdiction and the Court of Appeals affirmed, reasoning that the sole remedy for a decision on relocation benefits was a x~¢it of certiorari to the Court of Appeals. In IIffse,,a), 3(oior £reigt~! v. ~q,,eal)olis Commu~iO, DeYeloIome~t Age,c),, 1999 \VL 10~660 4 759999 (Minn. App. 1999) (unpublished opinion), the heating was presided over by an individual hearing officer but the ruling merely affirms the hearing officer's decision without comment on who the officer was or how he was appointed. In re Application for Relocation Benefits of Wax 'NWorks v. City of St. Paul, 1999 WL 185174 (Minn. App. 1999) (unpublished opinion), andln re Application for Relocation Benefits of James Brothers Furniture, 642 N.W.2d 91 (Minn.App.2002), established that when an agency exercises its power to appoint a hearing officer, that officer's decision is final and no further agency review is allowed. Neither Wax 'N Works nor James Brothers remotely suggest the wholly novel concept of a required delegation of agency authority. In sum, having the Council hear petitioner's appeal from the City Manager's initial decision fully conforms with the governing federal regulations. Because the Council was not involved xvith the initial decision denying eligibility, this procedure also complies with principles of due process. There is absolutely no Minnesota case law mandating that a city council, as agency head, must delegate its discretionary decision-making authority to a third party. Under James Brothers, if a city council chooses to appoint a hearing officer, it is bound by that decision. It would be a wholly unprecedented quantum leap for this court to conclude that James Brothers or any other case creates a clear prohibition on a city council as the agency head from conducting an appeal hearing. Mandating a third-party hearing officer procedure in every case, a process contrary to the federal regulation and not required by due process, can only be accomplished by legislation or an extension of current law by the Court of Appeals. This court has no basis for addressing this issue in these extraordinary proceedings. 101660 5 B. Petitioners have an adequate remedy at law. It is well established that a district court lacks jurisdiction to issue a writ of mandamus if there exists an adequate legal remedy. See, e.g., Lurid v. Minnesota State Colleges and Universities, 614 N.W.2d 420, 423 (Minn.App.2000) (citing Minn. Stat. §586.02 (1998)). In the present case, the petitioner seeks a writ of mandamus to "appoint a Hearing Officer that comports with all constitutionally mandated due process protections." These and other due process claims can be and, according to Minnesota's administrative scheme, must be brought before the Court of Appeals on appeal from the administrative hearing. See, e.g., Naegele, 551 N.W.2d at 237. The cases cited by petitioner only affirm the adequacy of its remedy xvith the Court of Appeals. The teaching of 3,raegIe, t~.h'se3vay, }~Zax 'n IVorl,'s, and Johnson Brothers is that a dislocated business may assert due process claims on appeal from an acquiring agency's decision. Petitioner has presented no reason why the remedy was adequate in those cases but not in the present one.2 As stated by the Wise3vay court, "On certiorari review of an agency decision, this court is limited to considering whether: (1) the agency had jurisdiction, (2) the proceedings were 'fair and regular,' and (3) 'the [agency's] decision was unreasonable, oppressive, arbitrary, fraudulent, without evidentiary support, or based on an incorrect theory of law.' Wiseway, 1999 'WL 759999 at *2 (citing Radke v. St. Louis County Bd., 558 N.W.2d 282, 284 (Mitre. App. 1997)). 2 In fact, in related pending relocation claims with the Git), of Plymouth, where the City Council conducted the appeal hearing, the claimants represented by Mr. Schnitker and Mr. Morphew, while objecting to the procedure, went ahead with the hearing before the City Council. 101660 6 If the appellate courts have regularly addressed the fairness of proceedings held by agencies in other cases, it is unclear why similar arguments in this case cannot be adequately addressed on certiorari review. CONCLUSION This case comes before the court on a petition for an extraordinary writ. This court is not sitting as the Court of Appeals deciding the merits of the procedural issue raised by the petitioner. On the contrary, the limited role of the court is to determine whether the City has violated some clear duty, which justifies extraordinary judicial intervention. If the City Council ultimately upholds the denial, the petitioner's claims, including this procedural issue, will be decided by the Court of Appeals. There exists neither the legal authority nor the need for this court to issue an extraordinary x~¢it of mandamus. The petition should be dismissed. CAMPBELL KNUTSON Professional Association Attorney for City of Chanhassen 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 651-452-5000 101660 7 Cha~hassen Public Library Progress Meeting #6 Meeting Held: July 25, 2002 Page 2 OLD BUSINESS: ITEM 1.1 Teresa Burgess, the city engineer, indicated she had spoken ~vith Paramount Engineering regarding potential re-routing of new utilities due to differing site condition locations. Of the three scenarios discussed, the one which appears to be most feasible is locating the storm sewer approximately 10 ft. south of the water main which requires partial removal of the sidewalk along W. 78th Street per a preliminary drawing prepared by Paramount Engineering. The sanitary sewer running south on the east side of the new library will be revised to run southeast at a diagonal cutting across the southwest comer of the new park connecting into the existing sanitary manhole south of the existing temporary construction office building. Teresa will direct Paramount Engineering to incorporate these utility changes along with other utility change modifications included in previously issued Proposal Requests 1 and 2 and ASI #1 documents for permit application. Steve Voss fi'om Voson Plumbing indicated that approval will take approximately two weeks due to spring backlog approvals. MS&R distributed Proposal Request #3 which incorporates the revised site utility layout design. K-A will distribute to those who are affected by the revised work. K-A indicated that in further review of Proposal Request #3, existing utilities are located adjacent to and under tile sidexvalk designated to be removed. Consequently, moving the storm sewer further to tile north along the old tree 1/ne, which is now tile construction fence location maybe be less invasive. Removal and reinstallation of the temporary construction fence will be required together with barricades surrounding the area until tile construction activities are completed. Teresa Burgess indicated that City barricades may be utilized for this work if available. Construction Change Directive No. 2 dtd. July 8, 2002 has been issued to direct the contractor to proceed with the work described in PR fi3 as well as the soil correction work at the existing site utility easement rtmning north and south on the property. In light of the approval, Voson Plumbing reconfirmed that it would take two weeks before the concrete castings would be available. Thc individual documents have been forwarded to Voson's structure manufacturer earlier this week, but again reiterated that a single document incorporating all changes is prefected, esp. for installation. Commencement for site utility work is scheduled for approx. Aug. 1,2002. Tile City will review the possibility of back feeding the water into the bldg. fi'om an adjacent fire hydrant source as a temporary measure providing water if it is decided to remove the water line at this time. The storm sewer discharge call be diverted into an adjacent manhole. K-A will review temporary sanitary options. These temporary measures, if workable, will allow soil correction work to commence sooner at tile existing utility easement bisecting the new bldg. footprint. K-A presented a proposal to provide temporary sanitary waste collection for City Hall, which together with the temporary storm and temporary water measures previously discussed, will allow for the immediate removal of these active lines in tile existing easement as well as soil con'ection. By doing so, a minimum of two weeks time wilt be salvaged in lieu of waiting for thc new utilities to be in place prior to commencement of the soil con'ection work in the existing easement. Continuation of footing and foundation activities at the Library bldg. structure will be impacted if this temporary measure is not approved. Teresa Burgess recommended for temporary water service the installation of the new 8" gate valve, which is part of the original scope of utility work. No hoses xvill be required therefore to back-feed the City Hall Bldg. for domestic water needs. If this work proceeds K-A is to coordinate this effort with the Utility Dept. A one to two hour water shutdown period may be required. Next Thurs. could potentially be an ideal time to perform this work as the Bldg. usage will be diminished due to a City function. K-A was requested to submit this proposal in written rotan. Steve Voss from Voson Plumbing re-confirmed the starting date of August 5 for commeucement of the site utility work. The City did not accept the proposal for temporary sanitary waste collection proposed by K-A. To provide temporary water however, an additional valve at the north cud of the 8" waterline ,,','ill be required. The 8" gate valve as part of the original contract scope could be installed at a temporary location for temporary usage and then reinstalled in its final location. Bill Bement vvilh City engineering will review these requirements together ,,v[th the existing conditions and for'a'ard a sketch for installation. ACTION DATE BY REQ'D CITY Chanhassen Public Library Progress Meeting #6 Meeting Held: July 25, 2002 Page 3 OLD BUSINESS (Cont'd.): ITEM 1.11 Although the bldg. permit has been issued, the bldg. inspection dept. still needs to address some issues that Steve Torell itemized in his e-mail to Barry Petit on June 4, 2002. 1.12 Larson Electric is axvaiting response for their RFI requesting clarification for the parking ramp lighting configuration. 4.1 Steve Voss stated that approval of the site utility drawings has been passed from the state level to the city level. Paramount Engineering has advised that modifications will be made to the existing full sized utility drawing incorporating changes that have been made to the utilities summarized in Proposal Request #1 - #3. Target date to receive this document from Paramount Engineering is Mon., July 15, 2002. Teresa Burgess requested that she receive notification when thc drawing has been received. The permit fee valuation for the site utility xvork application has not yet been determined. Voson delivered the revised final utility draxving to the City for permit application yesterday and should be approved by the City by the end of this week. The only cost associated with the permit will be a S41.00 State Surcharge Fee. The City engineer has reviewed the site utilit3' documents submitted by Voson Plumbing and offered comments and recommendations which were summarized in their July 19, 2002 letter. Bill Bement will inquire if MS&R received a copy of this letter for their input. 4.4 Jim Packard indicated that one of the cable vendors, KMC, has relocated all of their existing underground lines. MediaCom however, has not done so. They however have advised tile City that all work has been completed. Thc City will confirm. ACTION BY MS&R MS&R Paramount CITY DATE REQ'D NEW BUSINESS' ITEM 6.1 Jeff Landborg of Crosstown MasonD' stated that the brick samples should be delivered and laid up into a sample panel for review by our next meeting. 6.2 Steve Voss from Voson Piumbiug requested the locations of the water shutoff yah'es along 78~' Street. Bill Bement indicated that he would include this in the sketch he will prepare for the temporary water service. Steve indicated that the location of the valve will dictate what [naterials he orders. Water shutdown will be coordinated between Jim Packard, Steve Voss and the City. It is anticipated that a 2 hour shutdown period will be required for each tie-in. ACTION BY VOSON DATE REQ'D The next Progress Meeting will be Thursda¥~ August 1~ (~ 9:00 a.m. at the Kraus-Anderson iobsite office. All present are asked to attend. MINNETONKA PUBLIC SCHOOLS Impact of Specific Budget Management Options Budget Management Options for 2002-03 Item #1: Eliminate Middle Level Late Activity Buses $31,500 Item #2: Reduce Service Center Budget $68,400 Item #3: Implement Energy Saving Measures $75,000 Item #4: Reduce Budget for Custodial and Maintenance Staffing $45,000 Item #5: Reduce Custodial and Maintenance Overtime Expenditures $30,000 Item #6: Increase Fund 01 Charges to Food Service $44,210 Item #7: Increase Fund 01 Charges to MCES $40,270 Item #8: Consolidate Mail Delivery and Supply Deliver3' $25,600 Item #9: Eliminate Extended Contract Time for Vocational Staff $12,000 Item #10: Reduce Extended Contract Time for Other Teaching Staff $40,000 Item #11: Reduce the Substitute Cost for Clerical and Para Staff $22,750 Item #12: Reduce Staff Development Budget $300,000 Item #13: Reduce Services Purchased from Outside Agencies $60,000 Item #14: Increase MHS Parking Fees $25,000 Item/415: Increase Extra-Curricular Fees or Reduce Programs $80,000 Item/416: Allocate Technology Support to Food Service $22,000 Item/417: Allocate Technology Support to MCES $22,000 MINNETONKA PUBLIC SCHOOLS Impact of Specific Budget Management Options Budget Management Options for 02-03 Transportation Past Budget 02-03 Two Years Total %Chg. $3,200,200 $31,500 $308,000 $339,500 10.6% Late activity buses provide transportation home for middle level students participating in after school activities. Two buses serve each middle school. At peak times, approximately 80 students use the service each day. On an.average day, approximately 30-40 students use the service. Based upon average daily rider ship, the approximate annual cost to provide the bus service is $800 per student. It was felt the individual fee required to make the program self-supporting xvould basically eliminate participation. Elimination of the bus service will require parents provide transportation for their students. Students whose parents are unable to provide the transportation may be unable to participate in after school programs. There will be some students who are dramatically affected by this decision. Administration and Support Services Past Two Years Budget 02-03 Total %Chg. $4,241,400 $68,400 $507,000 $575,400 13.5% This reduction will come from a cut back in the budget for refreshments for staff meetings and community activities now included in a variety of department budgets. In addition the new teacher reception will held in a district facility and the summer administrative workshop will be conducted within the district. The recommendation includes a reduction in multiple department budgets for meeting expenses totaling $18,400. The balance of the reduction will come as a result of reduction of staff, reallocation of xvork and a reduction in the budget for consultant services. Buildings and Grounds Past Three Year · Budget 02-03 Two Years Total .% Chg. $5,411,400 $266,310 $242,600 $508,910 9.4% Present district utility budget for electrical, water / sewage, and fuel for heat is $1,222,000 annually. Energy Education, Inc. has proposed an energy conservation program designed to guarantee reduction of district energy consumption in excess of $100,000. The program's goal is to ensure energy savings by working with people to identify energy abuses; increase awareness of those abuses; clearly show people how to conserve; teach school employees how to use only what electricity and natural gas are needed; and continually audit buildings to ensure that the new habits and changes continue. Short of contracting xvith Energy Education, the administration will reconnnend to the- school board an energy use policy that will focus, but not be limited to the following areas: Reduce building temperatures from 72 degrees to 70 degrees. Switch from night settings to day settings 30 minutes prior to the time students arrive in the buildings. Restrict personal appliances such as personal heaters, microwaves, refrigerators mid coffee makers in offices and classrooms. Require all computers be turned off at the end of the workday. Note: Employees who desire to retain their personal appliance, or who wish to leave their computer on 24/7, will be offered an oppommity to reimburse the school district for the annual operational cost, resulting in equivalent savings. A schedule of charges will be issued to staff. Item#4: Reduc~Budg~foFCaStiO:dial:and.'Maintenhncestaffm~:i.$~3;O00!: ~:::...:i (.:' ] Budget for substitute custodial help will be reduced by 50%. Buildings and Grounds Supervision will rearrange existing work schedules enabling the department to temporarily re-assign staff to cover absences. However, depending upon the number of absences, this could mean no substitute help available for a custodian absent for up to two days. In that case, existing help must cover the cleaning. Implementation will result in further diminution of cleaning resources district ~vide. This service could return in November 2002 if nexv revenue becomes available. Present overtime budget of $82,500 budget would be reduced to $52,500. This represents a 37% reduction in custodial and maintenance overtime. Implementation will reduce the flexibility of the department to complete px-ojects on time and to meet deadlines. Typically maintenance staffs have attempted to complete projects when students and staff are not in the buildings. With approval of this budget management option, most projects will either be delayed or completed during regular work time. Overtime would have to be pre-approved through the Building and Grounds office and will be restricted to support of critical mechanical systems. This service could return in November 2002 if new revenue becomes available. Revenues generated by the Food Service program_ cover 100% of the program's operating costs. Currently, the district allocates $141,000 of direct operating expenses for utilities, custodial care, and district delivery services to the Food Service program. This recommendation increases the annual charge back by $44,210 by carefully examining other costs that can be allocated to the program. Implementation of this recommendation will be incorporated in the meal prices reconm~ended for 02-03. The impact of this recommendation is 5.5 cents per meal. MCES revenues are intended to cover all operating expenses. Therefore, Community Education is not otherwise subsidized with money that could be used to enhance K-12 student learning. MCES Fund 04 will have to find an additional $40,270 in the upcoming and continuing year's MCES budget to meet this commitment. Since MCES does not expect any additional state aids in any of its categorical funding streams, MCES will use a combination of increased fees and reduction of services and/or staff to meet this additional expense. Currently, the district delivers maintenance supplies, mail, print services, equipment, science center supplies, etc. distributed over three routes daily. All furniture and equipment is delivered to the warehouse delivery dock where it is set up, tagged and inventoried prior to delivery to the school building. Implementation will consolidate the deliveries to two daily. Teaching and Learning Past Two Years Three Year _ Budget 02-03 Total %Chg. $43,234,600 $459,750 $2,340,500 $2,800~'50 6.5% I t e m #9'E lim in:a ~el EX~end:~d: C ~ntrfi ~t Tim ~: for V0c atibn al'st a fl i! $12:'000: · .: · :':' ~ ...: :. : ::: :': ! - : · . - ~ · ':.. : i:.: :: · ':i .... : . . . ; : :. ~ ',i . ::: .~: :.., High school teachers who teach vocational classes are provided with between 2 and 10 additional days each year to do a variety of functions, including. Attend vocational advisory meetings. Articulate vocational programs with District 287. Attend vocational meetings to stay current with industry changes. Prepare curriculum and classrooms for the upcoming year. Prepare schedules and make worksite arrangements for students pm-ticipate in work-study programs. who This proposal would require such work be completed during the teacher's regular contract. At one point the state provided supplemental funding for secondary vocational education programs. That funding was eliminated by the 2001 legislature. Item #10::RedU6a'!Extended::C°nt;actTime:forOther T~hChing sfaff $40,000'::. :::: :: : 7;I Guidance Counselors are each allocated 15 additional days per year and Media Staff 5 additional days per year to complete work at the end of the school year and to prepare for the next school year. This would reduce guidance counselors to 5 additional days per year and media to 2 additional days per year. Extended days will be reinstated for individual staff members as justified by the respective principals. A reduction in Guidance Counselor time would mean that the high school and middle schools would need to work with the guidance staff to assure some coverage before and after the school year, but those on duty would face challenges in the volume of requests. Some xvork now done before the school year begins would need to be done in the spring or after school begins in the fall. A reduction in Media Specialist time could mean delays in the start up of the Media Center for the year and could require an early close down in June. [ Item #i i: Reduce the :SfibStitute C~-S['fo?.:Clefl'~al :afid~!Vh~i::S{fiffi..~22;750 ;:.;.. i : :. For 01-02 the paraprofessional substitute budget for non-special education staff is $33,700 and the clerical substitute budget is $21,600. This item of $22,750 represents a budget reduction of 41% in the level of 01-02 substitute costs. To achieve this reduction no substitute help will be provided during the first two days of an employee's absence. Other employees will be required to cover for the absent employee. Substitute help will be provided for absences beyond two days. This change does not impact paraprofessional employees working directly one on one with exceptional needs students. Ramifications could include problems for school buildings and the District Service Center when absences occur at high-pressure times. Other staff will need to allocate time to school priorities. The state requires that 2% of annual General Education revenue be allocated to staff development. Unspent staff development resources must be reserved and carried forward to the next fiscal year. This option anticipates unspent staff development resources as of June 30, 2002 in excess of $300,000. The unspent funds up to $300,000 will be frozen and will not be added to the state required allocation for 02-03. The funds will be carried in the Fund Balance as reserved for staff development. If this option is implemented, the annual allocation authorized by state law will not be reduced. The carryover, however, will not be added to next year's budget. Itinerant services purchased from District 287 or student placements in out-of-district services will be reduced. Either choice requires additional services be provided within our district. If itinerant services are reduced, added staff will be required to provide these specialized services. If the number of students placed in out-of-district programs is reduced, internal program staff will be required to serve more students. Current student parking fees are $150 per year for a single permit or $120 if the permit is for a car pool. This proposal anticipates a charge of $200 per year for a car pool permit or for individuals for whom an individual permit is justified. Other individual permits would not be provided. Extra Curricular Past Two Years Three Year B u d get 02-03 To tal % Ch g. $1,229,650 $80,000 $108,200 $188.200 15.3% item #15: Increa~e. Extra~cfi:rri~ula~:Fe~sor. R~du~.p?o~?h:~s $80;:000,..... Fees will be increased to cover an $80,000 reduction in district contributions to extra- curricular programs. All gate receipts, fees, and other revenue generated by student activity programs will be provided as resource for program operation. The fee for each activity will be revised to include additional allowable costs. Consideration will be given to ability to pay based upon eligibility for free and reduced price meals and the total number of activities any student takes. Technology Past Two Years Three Year . Budget , 02-03 Tot____al %Chg. $822,450 $44,000 $173,000 $217,000 26.4% Item#16: Allocate Techn°l°~ SUpport :to FOod:Service $22;000 ~: ~:!:: ::.: ~ District Technology Support Staff will track time and work orders directly associated with providing technology support for Food Service and charge those costs to the Food Service program. Item#iT. AlI0e:ateTeChn.0io~.Su o:~to:MCES :. ~ :::$22 000: ::;: ::::~:: ~.::-: ::: ::' ::: District Technology Support Staff will track time and work orders directly associated with providing technology support for Community Education and charge those costs to the MCES programs. MINNETONKA PUBLIC SCHOOL DISTRICT Impact of Specific Budget Management Options Budget Management Options for 2003-04 Item//18: Reduce Eligibility for District Provided Transportation $630,000 Item//19: Ail Day, Every Other Day Kindergarten $87,000 Item//20: Reduce District Service Center Budget $50,000 Item//21: Eliminate Portions of the Parent Involvement Program $20,000 Item//22: Reduce Buildings and Grounds Personnel Budget $50,000 Item//23: Change MHS from a Seven Period Day to a Six Period Day $520,000 Item #24: Change Middle Level Day from Seven to Six Classes $665,000 Item #25: Reduce Media Services $170,000 Item #26: Eliminate Elementary Band S136,000 Item #27: Reduce Ser~'ices Purchased from Outside Agencies $60,000 Item #28: Trim Student Support Paraprofessional Budget $15,000 Item#29: Increase Parking Fees $100,000 Item//30: Increase Extra-Curricular Fees or Reduce Programs $400,000 MINNETONKA PUBLIC SCHOOL DISTRICT Impact of Specific Budget Management Options Budget Management Options for 03-04 Transportation Past , Budget , 02-03 03-04 T~vo Years Total %Chg. $3,200,200 $31,500 $717,000 $308,000 $1,056,500 33% I Item #18: Reduce Eligibility for District Provided Transportation $630,000 Minnesota law requires districts to provide free transportation to students living two miles or more from school on the shortest route on public streets. This proposal would eliminate free transportation of students within two miles unless a fee is paid for such transportation. The number of buses required at the peak point in the schedule will determine the cost of providing transportation services. Unless the number of buses required at the peak point can be impacted, there is little opportunity for savings in cost. The peak point in the Minnetonka schedule is the 7:35 start time when 42 buses are required with 39 at 8:17 and 41 at 8:55. Changing the distance for free transportation for only high school students will have minimal impact as the number of buses required for the peak point in the schedule is not impacted if only eligibility for free transportation at the high school level is changed. The only real way to impact transportation cost is by uniformly reducing the number of buses required at all start times. This can be accomplished by increasing the distance free transportation is provided at all levels. Based upon current operating expenses, it is estimated the annual cost per student to provide transportation services is $350 per year for students living closer than two miles from school. Ability to pay will be taken into consideration based upon eligibility for free and reduced price lunches, and the number of students per family will be considered in setting maximum fees. In Minnetonka, current District Transportation Policy states the maximum walking distance for secondary students is .6 mile and for elementary .4 mile from their school or bus stop. The walking distances were established recognizing the traffic hazards that exist within the District. Few sidewalks are available and a number of schools .are located on busy highways. It is understood that increased risks for students walking will need to be addressed for parents and municipal officials. Highway departments will also need to consider crossing controls and support. Changing the eligibility for free transportation will create significant problems for some parents. Those no longer eligible for free transportation will have to basically choose to pay for a ride on the school bus or to drive their child to school. Undoubtedly, the number of parents driving their children or car pooling, will significantly increase traffic congestion at all schools, both am and pm. It is extremely difficult to estimate the level of congestion until the number of parents electing to purchase transportation services is known, but it could be as much as a three-fold increase in cars. To manage the congestion, the district will need to assign personnel to direct traffic at each site. Districts implementing this program in September 2002 will be monitored to determine what can be learned from their experience. This change will be implemented January 1, 2003, if no new funds are provided for fiscal year 03-04. The cost for the January - June, 2003 transportation would be $175/student transported. Choices will be solicited from parents beginning in September in order to plan the routes in time for January. [ Iten~ #19: All:Day, EveDT Other DaY Kindergarten $87'000 : . :" The savings is identified as transportation because the cost reduction will be entirely found in the elimination of mid-day buses. This change will impact instruction in that it will require that two days of the current curriculum be taught/learned in each daylong session. This will increase the intensity of learning which may be beneficial to some learners and detrimental to others. Curriculum and instruction xvill need to be adjusted so students achieve the defined learner outcomes for kindergarten. The learning process will not be continuous as it is with every day kindergarten. Reinforcement and retention of learning may be a challenge for some learners. It will be necessary to fund preparation time for kindergarten teachers by using existing paraprofessional support. In addition, lunchtime supervision will have to be provided by reassigning available staff. This schedule will simplify childcare needs outside the kindergarten day for some families and make it more complex for other families. Since it will be an "every other day" schedule, parents will need to watch the specific schedule closely. Transportation of students within two miles of school shall be charged for those days that school is in session, if # 18 is adopted. Although the basic kindergarten program will be established as the "all-day every other day" schedule, an alternative shall be offered to children whose parents will commit to either provide mid-day transportation or pay applicable fees for it. That option will be the "half-day every day" program. Transportation fees for either morning or afternoon busing within two miles of school shall apply if # 18 is adopted. 3 Administration and Support Services Past Budget 02-03 03-04 Two Years Total %Ch~. $4,241,400 $68,400 $88,000 $507,000 $663,400 15.6% Eliminate services currently provided staff and community by consolidating and eliminating positions. Staff and community will have fewer people working at the district level able to respond to questions or provide the needed service in a timely inanner. Parent involvement has benefited from District level coordination. Parent Involvement funds support district-wide and building level volunteer programs. The high school Career Center, the district-wide Speakers Bureau and the high school Parent Resource Center involve volunteers, and they would not be affected by the reduction. The district level Volunteer Coordinator works xvith building volunteer coordinators and PTA/O groups in the recruitment, monitoring, and recognition of volunteers. Volunteer sen, ice from over 1500 volunteers in District 276 last year was valued at over $1,450,000. The :reduction in Parent Involvement funds would require that some volunteer coordination be done by other staff. Buildings and Grounds Past Budget 02-03 03-04 Two Years Total %Ch~. $5,411,400 $266,310 $50,000 $242,600 $558,910 10.4% Eliminate one maintenance position in the General Fund by moving the cost to the Capital Facilities Budget. Currently, only the cost of materials is charged to project cost. Under this budget management option some labor will be included for projects completed by District staff. This will, however, reduce funds available in the Capital Facilities Budget to address district facility needs. 4 Teaching and Learning Past _ Bud~.et 02-03 03-04 Two Years Total %Chg. $43,234,600 ~;459,750 $i,710,000 $2,340,500 $4,510,250 10.4% litem#23 :~ Cha'ngel ~S ;ir°m: a :Sevefi period Day ~oa SLx'periOd Day; The length of the school day will remain the same but six class periods will be offered rather than seven, with the length of each period increased by several minutes. It will also severely limit the elective choices for students starting with the 2003-2004 school year. This will result in the elimination and/or reduction of elective courses in art, music, world language, health and physical education, vocational education, technology, and family and consumer living, as well as core curriculum restriction of course choices. Implementation of this schedule will reduce the number of teachers by 11.6 positions, and thereby, this cost of $520,000. Teachers would teach five periods with one period for prep. Teachers would not be available to staff the resource rooms nor to help supervise other areas. Currently, ninth graders at MHS average 6.54 classes/year; tenth graders average 6.55 classes/year; eleventh graders average 6.04 classes/year and twelfth graders average 5.69 classes/year. The 9-12 overall average is 6.22 classes/year. Students currently are required to have 21.5 credits for graduation. A six period day would provide 24 class periods over four years in which to acquire the needed credits for graduation. The cost reduction estimate assumes the average student will have 22 credits at graduation (or take an average of 5.5 credits per year). A typical pattern for MHS college-bound students is to take math, science, social studies, English, world language and either band or choir especially during their freshman and sophomore year. In addition, there are graduation requirements in physical education amd health, and that requirement may have to be met in an upper grade or alternative program. A student who takes this schedule may have to take 3-4 classes offered outside the typical school day either during a "Zero Hour", evening program or a summer program to fulfill all requirements of the Minnesota Graduation Standards. Students who do not take world language and/or music for four years should not have difficulty meeting the requirements of the Minnesota Graduation Standards since they xvould have time for the physical education and health classes and electives. The change could impact the alternative learning programs for students having difficulty meeting graduation requirements. This change will eliminate a number of study hall opportunities for students. Students who fail a course may have to make up the course outside the regular school day in order to meet graduation requirements This will result in the elimination and/or reduction of middle level art, music, world language, health and physical education, technology, and family and consumer science because there would be one less period each day for them. Core classes would be increased by minutes each day. The length of the school day xvill remain the same, but six classes will be offered rather · than seven with the length of each period increased. The Minnesota Graduation Standards required at the middle school will have to be. restructured so they can be delivered within a six period day. In a six period day at the middle schools students would still have a class period of language arts, social studies, math, and science daily. They would have two class periods daily during which physical education, world language, physical education, health, technology education, and family and consumer education. The grade six accelerated learning course could be offered in one of two periods. Options for these classes include shortening the number of weeks of instruction received in all of these classes or eliminating some of these classes at specific grade levels so the instructional time remains as it is now. In a six period day, students xvill have less instruction in the elective (exploratory) areas of a comprehensive middle school curriculum. Also, the common planning time for teachers will be severely limited. This change xvill result in the reduction of 15 teaching positions. The cost reduction will result from eliminating several positions and combining the remaining positions with others. This change will result in fewer media specialists and/or media, paraprofessionals available in the schools to 'assist students and teachers with selecting and using instructional materials and technology for teaching and learning. Curriculum integration will decrease. Accomplishing the Minnesota Graduation Standards that require electronic and print information resources will become more difficult. Building level technology support will decrease. Library collections will not be maintained as well thus diminishing the relevancy and quality of the collections. New software, if purchased, will not be used as effectively because the decrease in staffing will impact the staff development and assistance available to teachers. 6 ~emi#26:Elimlnht'eEl~nia~BaRd $136;000 ,~ : , i: : ~: : I Students will no longer begin instrumental lessons in fifth grade. This change will delay the start of the band program until grade six. With band currently available to students in elementary schools, it has provided opportunities for students to begin a program to develop their musical talents in the security of the elementary school rather than at the same time they are going through the adjustment to the middle school. This change will, however, eliminate the process of students leaving their classroom during the school day for lessons. Two full-time equivalent positions are affected. I Item #27:: Reducese~ices purchased from outside Agencies $60i000 .:: ~':i Students who e~zroll in area learning centers will be monitored and the number of students assigned to area learning centers will be reduced by ten. These ten students will remain at Mim:etonka High School and will need to complete their high school credits in MHS classrooms. Item #28: Trim StUdent SUpport paraprofessional Budget $15,000: P~aprofessionals in student support sen, ices reduced to cut by $15,000 in costs. will reduce individual student supervision by 125 hours. This Item #29' Inc~'ease:parkingFees ~ Si00,000. : . : : : :: ."- : · Parking fees will be raised to $400 per parking permit, which will raise an additional $100,000 in revenue for 03-04. This will utilize a car pool model (except as justified) and it is anticipated that two to four students will share fees. Ways to increase the number of day permits will be determined. 7 Extra Curricular Programs Past Budget 02-03 03-04 Two Years Total %Ch~. $1,229,650 $80,000 $400,000 $108,200 $588,200 47.8% Fees for extra-curricular activities can be charged to students up to the cost of the respective activity. This proposal increases each activity to approximately 50% of cost. All gate receipts, fees, and other revenue generated by the student activity program will be provided as resource for program operation. District contributions will be reduced in each year. The fee for each activity xvill be revised to increase revenue by $400,000. Consideration will be given to ability to pay based upon eligibility for free and reduced price meals and the total number of activities for this year. Examples of extra-curricular fees required to fund budget proposal for 03-04: Basketball $405 Cheerleading $90 Debate $475 Drama $195 Football $240 Go If $ 300 Hockey $500 School Paper $430 Track $200 Volleyball $250 Student Gov't $85 Quiz Bowl $80 Example of 03-04 Fee Structure for a Middle Level Student: School Bus Pass $350 Extra Curricular Programs: Drama $100 School Paper $200 Track $150 Soccer $195 Total $645. Total Am~ual Fees $995 Example of 03-04 Fee Structure for a High School Student: Parking Permit $400 Extra Curricular Programs: Drama $195 School Paper $430 Track $200 Volleyball $250 Total $1,075 Total Ammal Fees .$1,475 These charges ~{,'ould occur in November 2002 if new revenue is not available for 03-04. 8 NOT RECOMMENDED BUT FIRST CONSIDERATION IF CHANGES ARE MADE Teaching and Learning ilncrease Class sizeby uP t°:One Studenti:: ::'.ii::: ~ C°St redUCtion::°fup.to$600,O~O0:.: Reduction of class size is not included in the list of items recommended for consideration for 03-04. Total staffing can be reduced by 15.0 positions if the average class size is increased by one student per teacher. However, should a decision be made to remove an item from the list of recommended changes or should the state make significant reductions in school funding, it is recommended that consideration be given to increasing class size up to an average of one (1) per class. It is not possible to just increase each class by one student, so it would be necessary to increase some by 3-5 in order to have an average increase of just one. At the elementary level, an elimination of 6 FTE (i position per school): The class averages would increase from 22.5 to 23.5, but the more noticeable effect would be that the upper grades of 3, 4, and 5 would likely have one grade level which is in the 28-30 range, or a shared class (multi-age) at the intermediate grades. At thc middle school level, the elimination of 2.0 FTE per school: This would increase overall class sizes from apprpoximately29.5 to 30.5 in grades 6, 7, and 8. The range would increase from the current 27-32 to 28-34. At the high school level, the elimination of 3.0 FTE: Overall class sizes in math, social studies, language arts, art, physical education, and most other classes would increase from 30 to 31. Science would increase from 26 to 27. Also, either the top class sizes would need to be raised, e.g. from the current 32 or 33 to 34 or 35, or classes would need to be closed to students once the class size limit was reached, thus limiting student choices, even in core academic areas. Classes that run at 25 or fewer, including advanced world languages and academic electives, including AP classes, may need to be eliminated. In special education, the elimination of 2 FTE: Over all, the number of students for where each teacher would be responsible would increase by 1. Caseloads vary by the area of student disability. District Mission Statement Together with students, their families and the larger community, the Minnetonka Public School District is responsible for each student developing the knowledge, skills, confidence and character to thrive in a changing world. Hission is reflected in allocation of resources. 4.3'% T .anspo ~ B&G ~ 8.5% Admin Other Supp Sv 5.3% 0.4% [on 75.4' Source: 00-01 School Profiles Report Minnetonka a quality school district Student pcrf'ormance above average on state aJ~,d national tests. Realtors re£crcnce *.{innetont,:a Public Schools in real estate ads. ' Fiscally well managed. Provide a lop rctul-n on commtlnity invcstl~ent. _.\CT 2001 .-\vcragc Con~positc Score: 23.9 (National avel'age: 21) S:~' Gradc Basic Standards Test combined avcraoe on readins and math amon~ top five districts in Nfinnesota. 10tt~ Grade Basic. Standards- Writing: 98% pass on 1st attempt. SAT 2001 Average Composite Score: 1187 (N'ational average: 1020) Referendum Issues · hi each of the past three years the district has struggled to balance the budget reducing expenses each year. · Without added funding district faces more cost contaimnent measures for 03-04 totaling $2.9 million. · Classroom technology needs are under funded. The 1992 levy expired in 2002. · At June 5 Board meeting parents presented petition with 2100 si~m~atures requesting the issues be placed on ballot. · Citizen Finance Advisory Committee also recommended at the June 5 meeting both issues be placed on the November 5 ballot. Why is an operating referenduln needed? Recently state funding has been below cost increases. · 01-02: State revenue increase of .7%; district implemented cost contaimnent measures of $1.6 million, or 3% of budget. · 02-03: State revenue increase of 2%; district implemented cost contai~mmnt measures of $900,000, or 1,6% of budget. · 03-04: No projected increase in state revenue, cost increase of 3.9%. With no increase in revenue board approved budget cuts of $2.9 million will be implemented. Why are additional funds needed? ~i Mimmtonka is a quality district in a quality community. Public education is key to strength of the cormnunity, of the state, and of the nation. Budget cuts over past years have seriously eroded ttxe infrastructure of the district. The issue is not about property taxes, it is about the kids and our £~:ture. Yiscal Mal"~agcraen~': q~acl< Peco~d of pxudcn~' fiscal policy. Increase in actual cost per pupil b¢Iow average: 00-01 $ Chg. %Chg. $7,652 $1,08d 16.5% $8,301 $1,245 17.6% $7,018 $972 16.1% $7,251 $670 i0.2% 97-98 Source' School Profiles (Excluding Food Sen'ice) Conference $6,566 County $7,056 State Sd,046 L;'i,'metor'd4a $6,581 Comparison Financial - . Status Fund Balance Shortfall for 02-03 Eden Prairie $2,900,000 $4,000,000 Edina $2,097,000 $2,100,000 Hopkins ($1,223,500) $2,400,000 Minnetonka $4,400,000 $1,300,000 C]~oices to manage cost are different than private sector business' Cannot select client base. . Cannot select business model or sen,ice (product) to sell. · Cmmot select geographic area to selwe. · Source and amount of revenue defined by state law. . Must provide pro~ans directed by state and federal laws · Effectiveness measured by more expensive low class size ratios rather than higher ratios, which are more efficient. Administrative costs below average' Minneto~g:a cost per pupil of $352, or 5.3% of'total cost is below the conference, county and state average. ,/Conference average of $428 or 5.6°,/0 of total cost. '/County average of $477 or 5.7% of total cost. ,/State average of $413 or 5.95/o of total cost. B:~5c-,! upon 00-0i state School Profiles report. Includes administrative and c~c 'ca. 1 v,'~:?s and s:daries, supplies, telqohone, printing, etc. Infl'astrucmre wealcened by past cost containment measures. Building supply budget reduced by 25%. Department chairs eliminated, ctm-iculun~ development reduced. Administration and suppolX services reduced by $507,000, or 12%. Textbook budget cut in half. Paraprofessional suppo~l budget cut by 14%, Changed school sta~ times to reduce transportation costs. Plus changes in custodial selx'ices, tcclmology support, and ~cacher s~affing. Bo$ics of Public School Fundin9 State determines the amount of K-12 funding for each district on a per pupil basis. ' State determines what portion of funding can be . property taxes and what portion will be state aid. · On referendum levies state determines cap and the amount from property taxes and the amount from state aid. Technology Plan (To bc subnstted to Board at August 15 meeting) One lap top computer and four workstations per classroom with easy to read and view projection equipment.' One mobile wireless computer lab per grade level or team. Establish average five year equipment replacement cycle. Software and comprehensive staff training. ~"~ hnprovcd infrastructure with additional drops in each classroom and ui)graded electrical power. Continued strong technology support. Dividends of Technology Plan All learners ',','ill use technology to deepen their understanding in all academic areas. All students will lcam to use, technology as a tool for li£elong learning. Staff fluency with technology ;','ill ensure effective use by students. Usc. technology to iYlOl'O efficiently manage routine tasks. Improved parent access to student information and Resources required to fund technology pla~ffclassroom equipment... ?roiected Annual Bud.~et: Upgrade Classroonts to Plan Wiring/Elect. Supply Teclmology Support * Regular Classroom Equip. Total Annual Budget Less: 1996 Lex-3, Additional Funds Required to ! ~nplement Technology Plan Proposed Current Increase $2,165,000 $1,077,000 $I,088,000 140,000 40,000 100,000 825,000 825,000 0 270,000 50,000 220,000 $3,400,000 $1,992,000 $1,408,000 ~'5oo,ooo) (5oo,ooo) o S2.900.000 S1.492.000 S1.408.000 * Now budgeted in General Fund. Teclmology plan "pay as you go" investment. · A ten year "pay as you go"plan wlSch will not incur interest. . Funds to extend the 02-03 immersion projects district wide.. · Funds to implement a ten year plan to provided needed classroom equipment and to replace existing equipment. · Plan will not drain an already stretched operating budget. · Toxpoy¢i~ tV~isconception... Frequently heard cormnent during past referendum .... ".AO' I)roperty taxes are going z~p every, year. I cannot su.p. port at, other tax increase." Fact: Since 1997 the opposite has occurred. Because of legislative action school property taxes have steadily decreased. Fact: Total taxes (school, city & county) will be lower, for most home owners, in 2002 than any year since 1997 even after an increase in assessed value. Minnetonka tax levy dropped by 53% for taxes payable in 2002. $40 $35 $30 5;25 $20 $15 $I0 5;5 $0 2001 2002 Ii~ School Ta×e~J 2001 school lev/$37.65 million. 2002 school levy $17.68 million. School tax decreased by $::[9.9 million, or 53% for 2002. 2001 operating and technology referendum toLaled $5,2 million. Net tax reduction of $14.7 million with approval of both questions. :1.997: Value: $212,000 s3,ooo Taxes $2,749 sz,soo 2002: ~,2,ooo Value: $240,700 5;1,500 Taxes' $1,010 Change: Value: Plus 13.5% sso0 Taxes: Decreased 63% or $i,739 School Taxes on Ninnetonka Home ._ 1997 2001 2002 Based on spccifi:, rcs~dence in City cTMinneto~m. · 1997: Value: $235,400 Taxes $2,994 s2,5oo [] 2002: s2,ooo Value: $272,500 Taxes: $1,154 s~,soo Change: Sl,OOO Value: Plus 16% ssoo Taxes: Decreased 61% or $1,840 so School Taxes on a Chanhassen Home 1997 2001 2002 Note: Based on specific rcsi&nc¢ in, CiD' of Ch-m~asscn. Tax Effort What percent of assessed value does the homeowner pay in property taxes? How much has tax effort declined over the past five years? 1997 2.3% to 2002 at 1.3% of value. 2.50% 2.00% 1.50% 1.00%' 0.50%' 0.0~% 1997 2001 2002 $212k $229k $241k School County [] City Note: Based on specific home in CiD' of Minnetonka. Myth' Property taxes rates are fixed, year to year. Fact: Property tax levies are based upon budget need and not fixed by rate. Concern: School property taxes will skyrocket ,,,,,hen market value limitations are phased out. Response: School taxes are based upon a fixed amount, and for the most part, are not determined by a tax rate. Result: Because thc school tax levy is based upon a fixed amount the school tax rate will decrease as values increase. Therefore school taxes will not increase proportionately with the increase in assessed market value as a result of the phase out of' properly value limitations. How will a tcohnolo~y and operating ref'ere~dtl,m, ins.pact thc average taxpayer? you own a $200,000 home: Operating $124 per )'ear Technology $99 per year . Total hnpaet $223 per year .... less than $20 iger mouth. 10.3.3 monthly. $8.25 monthly. $18.58 monthly If you own a $400,000 home: Operating $249 per 5,'ear Teclmo]ogy $198 per year Total Impact $447 per year .... less than $¥O per month. ;Note: Tl:e numbers are an estimate and will be updated in August. $20.75 monthly. 6.50 monthly. $37.25 monthly Meeting Date: 8/01/02 5Iinutes Typed: 8/06/02 I~US-ANDERSON CONSTRUCTION COMPANY -- t~i/d/nfl Div/sio, · 612 72 I- 75,5' l · 2500 3 ti~ nehahr~ A vr · ,¥Ii, ~zca/)oh:s., ./tin 55404 CHANHASSEN PUBLIC LIBRARY Present: L) NASIE COSII'ANY PHONE i! Steve Torell City of Chanhasscn 952-227-1199 I( Justin hliller City of Chanhasscn 052-227-1118 15 hlelissa Brechon C'hanhasscn Library 952-448-9395 !: Jeff Lanctl0org O-osztoxx n N lasonrx ,763-434-6371 I: Bill Cox Kraus-Anderson 612-721-7581 ~'.- Jim Packard Kraus-Andcrson 61 ~_~v 33i _~oSoS._ Progress Meeting Minutes #7 FAX 952-227-1190 952-227-1110 952-448-9392 ,'6~-4,4-~69~ 612-721-2660 052-934-6057 billco 2 l<abld.com . Present: NA5IE Teresa Jeff Keogh Pdchard Rice i~ob Reid Todd Gerhardt IBan-v Petit .!ay Bird ~.Iikc Oelrich Steve k'oss John Dalai Dave Nlcrvin C051PANY Cftx o .~. L It\.' o L it',' o ('ii", o t 'i:', o (- i'.', o [:iFC \ r<!'~ ! ('rosFtov, n ~lc':ro. l-(. r:i L'. 5-.-X p; d ¢ rs o p. K r~ u s-A n,! c :'s o n I'It ONE FAX 15-5 IA IL/CELL 952-227-I 169 952-227-1170 tbur~css'2 ci.chanhasscn.mn.us ~)_.,<-, ~, ~7 i 191. 9<*-v*7 ..... t190 ~kcoah';i ci.chanhasscn.mn.us 9<~ ~ I !66 Npomcnt ~-, ci.chanh'asscn.mn.us 612-919-6793 952-227-1911 :;'icc .__-_. -~ L_ ~ 9_,_-z_..- 190 . ~63-434-6371 763-434-7693 -63-780-8658 -63-786-5864 ,u,,c~r,ch .'z izu'-cicc.com ._ 9i2-93S-9300 952-938-8910 6i~ 7~1_75SI 61~ 'v -26 -" -- .... -,. 1 60 dah l 3 ~.abld.com 612-z21-7551 612-721-2660 dmcrvin?] kabld.com 1) ' '"' , .... ;~ F);>t~ ~:uti',',:2 hlethod (l)I.l!.-\S!-5 c~sm'e ',vt have il;c. correct ,.:-~na,~ adch'css or lhx number.) )L-E-mail F-I?acsimiie Cv-Copv. . Note: ©nlv one fax is scm to the ~,:u~q>,=~.-" ~'' All (}n silc scheduling is lo be coordinated with Jim Packard. l(raus-Anderson Superintendent. _-\nv contractu:tl or administrative issues are to be directed to Bill Cox. Chanhasxen Public Librao' Progress 3Ieeting # 7 ,[[eeting Held: August 1, 2002 Page 2 OLD BUSINESS: ITEM 1.1 Teresa Burgess, the city engineer, indicated she had spoken with Paramount Engineering regarding potential re-routing of new utilities due to differing site condition locations. Of the three scenarios discussed, the one which appears to be most feasible is locating the storm sewer approximately 10 ft. south of thc water main which requires partial removal of thc sidewalk along \V. 78th Street pet' a preliminary drawing prepared by Paramount Engineering. Tile sanitary sewer running south on thc east side of the new library will be revised to run southeast at a diagonal cutting across tile southwest corner of tile new park connecting into tile existing sanitary manhole south of tile existing temporary construct/on office building. Teresa will direct Paramount Engineering to incorporate these utility changes along with other utility change modifications included in previously issued Proposal Requests 1 and 2 and ASI #1 documents for permit application. Steve Voss from Voson Plumbing indicated that approval will lake apl)roximately two weeks due to spring backlog approvals. MS&R distributed Proposal Request ~'3 which incorporates the revised site utility layout desi~l. K-A will distribute to those who are affected bb.' the revised work. K-A indicated that in further review of Proposal P, cquest t73, existing utilities are located adjacent to and under the sidewalk designated ~o be removed. Consequently, moving the storm sewer further to the north along the old tree line, which is now the construction fence location maybe be less/nvasive. Removal and rcinstallation of thc temporary construction fence will be required together with barricades surrounding tile area until thc construction activities arc completed. Teresa Burgess indicated that C'itx' barricades may be utilized Coz' this work if available. Construction Change Directive No. 2 did. July 8, 2002 has been issued to direct tile contractor to proceed with thc work described in PR ~/3 as well as thc soil correction work at tile existing site utility casement running north and south on the property. In light of thc approval, Voson Plumbing reconfirmed t!;at it xx ould take two wccl<s before the concrete castings would be available. The individual documents have been £orwarclcd to Voson's structure manufacturer earlier this week. but again reiterated that a single document incorporating all changes is preferred, esp. for installation. Commencement For site utility work is scheduled Coz- approx. Aug. 1,2002. The City will rex'Jew thc possibility of back Feeding the water into the bldg. fi'om an adjacent fire hydrant source as a temporary measure prox'iding water if it is decided to remove tile water line at this time. Thc storm sewer discharge can bc diverted into an adjacent nlanholc. K-A will review temporary sanitary options. These temporary measures, if workable, will allow soil correct/on work to commence sooner at tile existing utility easenlent bisecting tile new bldg. footprint. K-.-\ presented a proposal to provide temporary sanitary waste collection for City Hall, which together with thc temporary storm and temporary water measures previously discussed, will :,.llow for thc immediate removal of these active lines itl the existing easement as well as soil correction. 135' doing so, a minhnum of two weeks time will be salvaged itl lieu o'fwaiting for thc new utilities to be in place prior to commencement of the soil con'cction work itl tile existing casement. Continuation of footing and foundation activities at the Library bldg. structure will bc impacted il'this temporary measure is not approved. Teresa Burgess recornmended for temporary water service the installation of the new 8" gate valve, which is part of the.original scope of utility work. No hoses will be rcquii'ed therefore to back-feed the City Hall Bldg. for domestic water needs. If this work proceeds K-A is to Coordinate this effort with the Utility Dept. A one to two hour water shutdown period may be required. Next Thurs. could potentially be an ideal time to perform this work as the Bldg. usage will be diminished due to a City function. K-A was requested to subrnit this proposal in writter~ form. Steve \toss from Voson Plumbing re-confirmed tile starting date of August 5 for commencement of the site utility work. The City did not accept the proposal for ternporary sanitary waste collection proposed by K-A. To provide temporary water however, an additional valve at the north end of the 8" waterline ,,,,'ill be required. Tile 8" gate valve as part of the original contract scope could be installed at a temporary location For tcnlporary usage and then reinstalled itl its final location. Bill Bement with City cn~_incct'ing will rex'iow these requirernents together with the existing conditions and tBrward a s!cctch for installation. K-:\ received the requested information fi-om the City engineering dept. on July 26 and was forv,'arded to Voson Plumbing for their review. ACTION BY CITY DATE ~EQ'~) OLD BUSINESS (Cont'd.): ITESI 1.11 ,Although the bldg. t)e~Tnit has been issued, thc bldg. inspection dept. still needs to address some issues that Steve Tel'ell itemi×ed ill his e-mail to Barry Petit on June 4, 2002. NIS,_~R gave Steve Torell a letter addressing issues No. 1 - 24. Response to the remaining items ',','ill be forthcoming. ACTION BY MS&R DATE REQ'D !.12 Lavson Electric is awaiting response fei' their RFI rec.:ucsting clau'ithcation For tho parking ramp ~onI~guration. Jim Packard indicated that olio oF the cable rondel's, [<NIC. has relocated all oFthcir ex/sting Ltndergrotmd lines. MediaCom however, has not done so. They however have advised the City that all work has been completed. Tine Git5' will conlSrm. The City advised that 51ediaCom has completed their work. CITY 6.1 JcIT [_anclbol'g of Crosstoxvn Nlp. sonrv stated thut tile brick samples shot~ld be deJix'c, vcd and laid tip if. to zi san~p!c l):me! Col' review b5' oul' next ~q~ecting. Folio\ring the progress meeting, the ..\~'chitect 'and Oxvnet"s l'eDvesentative ~x ill review the face bi'lek sample panel. .N IS\N' I:;USINISSS: ITI~51 ~1 5, IS&I{ advised that CO ~1R has been further' revised to ~'ctlect the deletion of the t~vo 111115()11I'¥ IllOlllllllCll[ sign bases with the valuation ofS14,308.00. This signage foundation till)ere\it\veal atalntertimex~henthcscol)cofexteviovsignngeislqno~vn. Consequently tl~c. cont,'act sum ~ il! now lie increased l)x-531.509.00 fey total contract aH]OUl]t of 54 .-XCTION IIX,' Info. DATE RI-;Q'D 7.3 q'he O~vnel' is contemplating installation of n ~'ctail coffee shop ~ithin the lib~'arv and was :~,dvisc, d tl~nt tllldCl' 11oov l)iping rcquil'ed for this installation will lie needed bvgept. I. lHfo. Steve q'o~'ell stated that all remaining smoke/live daml)e~'s may be deleted from the t)voject. Pev the code. these elements a~-e not nccessarv. Steve will speakx~iththc mech:tnicnl engineer in this regard. City Steve Torell indicated the Site ['tilitv ['el'mit was issued (}i1 \\'ed., dtllx 31. Info, 7.6 Steve q'ovcll discussed possible t)l'occdu~-es fey l)voject design modification review bv his dept. q'hisxx'ouldinclude~-evievvofpotentialchangedoct~mentsl)~.io~' to issuance to the contractor fo~' code ~'evie,¢,', and a means to summarize all apl)roved moditlcations that have been incorporated into the project. A final procedure ;vill be established after ndditionnl review between the ,~\vchitect and the Inspection's deDt. City 51S&R 7.7 PnramOl~t l':ngineering xvill vevie~v the existing condition at the \vest side of the City Itall where the piping for the roof drain flows into an existing catch basin which is to be I'emoved. Pl'ovisions should be made to extend this piping into CBNilt #108. 7.8 City engineering stated that n gravel entrance drive should now be installed as the paved st~'cct has no~ I~ecn removed..-klthough some paving has been left at the street specifically For this l)t~vposc., runoff of silt still may occur ~vhe~'e rock would helt) to ~'etain the silt ~'t]nofl'. If :he ~'ocl( entrance is not installed, additional silt fence at critical areas may be vequirecl. The next Progress 5Ieeting will be Thursday, August 8, ~q?' 9'00 a.m. at the I,~raus-Anderson iobsite office. :\I1 present ave asked to attend. CITYOF CHANHASSEN 7700 Markd Boulevard PO Box 147 un~nh~ss~n. IdN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 F?,:: 952.227.i190 Engineering :-~:"~: 952 227.1!60 Fa',:: 952.227.il 70 Finance ? c:'e: 952.227. ! 140 952.227.~ii0 Park & Recreation F~ z'~e: 952.227.! i29 E~.'.,.. 552.227.i !i0 22 !~i, C::?';er Bc'~!e'.,a"c · > z~,e' 952.227.1400 Fax: 952227.1494 Planning & Natural Resources ..... ~. 952227.i130 .~.,:: 952.227.1ii0 Public Works i591 Park Road Ph3ne: 952.227.1300 Fa:,:: 952.227.1310 Senior Center ?:~c~'e: 952.227.1 !25 Fa:,:: 952.227.1110 Web Site MEMORANDUM TO' Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP, Community Development Director DATE: August 7, 2002 SUB J: Housing Performance Score Attached is the housing performance score for the City of Chanhassen. This annual report is based on surveys reported by the city and other agencies. The housing score is used when applying for Livable Communities grant money. I wanted to highlight some of the areas where the city scored high or low. The city ranked high in using fiscal tools and initiatives. The tools included tax increment financing, etc. The area where the city's ranking is low is in the housing preservation initiatives. This area includes housing rehabilitation and preservation. If the city were to adopt a housing maintenance code, the city would receive points in the area. If you have specific concerns about the scoring in any of the areas, I would be happy to discuss them with you. City of Chanhassen ·/t, grov,'ing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gmat place to live. work, and play. Metropolitan Council Builditlg commuttities that work August 1, 2002 Dear Local Of'Ii<iai: Enclosed is a 1oreliminary housing performance score For your community whicla h. in large part, I based uDon intbrmation provided by your community in our recent housing surveys Part A and Part B. I alnn sendino a copy of this letter and enclosure to both the city administrator/mana,,er or toxvnslaip clerk and the person to whom tiao surx'evs were originally sent. In NlaS', wc naailcd surx'evs asking communities to complete and l'CtLlI'll them by .lLllae 21. On 3ulx' 3. xx'e sent a follow u13 asking that the tmreturned surveys be COml31cted by ,lulx? 12. On July 1_q. xx'e be,,an= OLIi' t3I'OCeS$ Of determining $corc5 171'O1T1 the information in the surveys. 'i-he oncloscd score sheet indicates tho prolimilaar.x' points Dx' critori3, for your commulaitx'. Points 1~]' criteria 1.2.3 and 5 are based on Council data compiloct from inI'ornqation 13rox'ided by state o1' county agencies, local government, I--tUI). N'iFI-t/\ al~_d local for tho remaining,= criteria are based on the inlbrmation 1Ol'ox'ided to thc Council ,,'ia the surx'cx'.~. 11' x',.-c <Iici not reccix'c a completed survey or information was not prox'idod lbr any score i~q any cl'itevion, or x'ott believe you should have re<clx'ecl more 13oints in any criterion perlbm~ancc score. Plannin~ :knalx'st ',LIG 0 9 2002 ,-,, I, OF OHANHASSEN .Metro It~fo Lilac 602-1SSal Preliminary Housing Performance Score- 2002 Name ol~ City/Township Criteria- lO0 points S. C) 2 Preliminary Housing Performance Score- 2002 Community Minneapolis St. Paul _N_ew Hqpe. Coon Rapids Columbia Hgts. South St. Paul --. . Robbinsdale Richfield . Oakdale Chaska Bumsville St. Louis Park Maple Grove Roseville .Points~ ..... C0~_rrs~n_ _unity 97 Mahtomedi .. 94 Farmington 88 Apple Valley 86 Anoka 83 Inver Grove Hgts. _ 79 Arden Hills 78 Hilltop . 78 Orono 77 St. Paul Park _ 77 :Ramsey 75: Loretto 74~Prior Lake · . _ 74 ',Mound Hopkins 73. Watertown Blaine ' 721White Bear Twpl Bloomington 72!Shakopee Eden Prairie 69!Oak Grove Ne~v Bri~gh[on . 69iHampton Waconia ....... SS !}~il_l~rni~e_ _ Crystal 68~Lino Lakes .- . n[0_o~ly~n C_enter 67' Cologn-e '-' Cottage Grove Fridley. Shoreviev,, Woodbury White Bear Lake Stilhvater Edina Champlin '~(5i~e~ Vatley Lake Maplewood Mendota Hgts. Osseo P <hgts. Jordan Rosemount West St. Paul Lauderdale Belle Plaine Circle Pines St. Francis 6__7_._B_r_°_° k)Y n. Park 65 :Minnetonka 65 Hamburg 65 Norwood Young America 62 Mounds View 60 North St. Paul 59 Newport 57 Victoria 54 Falcon Hgts. 5al'Little Canada 5 i -~;~r~'i-La-ke · 49__ Wa_t_er~fo rd Twp. _ .. 49 Dayton .......... 48 Lexington ........... . 47 Spring Lake Park __1. ...... ,. _ .42~e_?' Ge_nna_ny ., 47__E_a g_a n__ 4'7 Excelsior 46 Maple Plain 46 Rockfbrd (pt.) 4(5 Bethel - _~. _ ._ . 45. East Bethel 44 Hugo _ ......... 44 Castle Rock TwP.`- Chanhaisen Lakeville . St. Anthony .. Points Community 44 Wayzata 43 Empire 'Twp. 42 Gem Lake 41 Savage 41 Bayport 41 San Francisco Twp. _ 41 Vadnais Hgts. ..... 40 Louisville Twp. · . 40 Baytown Twp. .. 40 Andover 38-'C0-~tes 35-15~iie Plnine Twp. 35 Centerville 33 Grant 32 Spring Park . 32 Ham Lak~ 32 Vermillion 30 Rogers 30 Lakeland 30-L'~ St. Croix Beach ......... 29 Randolph Twp. 29 I,akeland Shores 29 Landfall 29 Linwood Twp. 28 New Market 2$'sirchwood 2S Mendota . 28 Elk° 28 Jackson Twp. . _ 27 Carver . 27. Ha_.n_~ock Twp. 27 Lilydale . . . 27 Columbus Twp. .. 27 New Trier '~6 Greenfield 25 St. Lawl'ence Twp. 25-Lake Elmo 24'New Scandia Twp. _. 24 Miesville .... 23 Sciota Twp. 23 Independence _ 23 Medina 23-Aft0n 23-D~n~,ark Twp. ~ _ _ 22 Douglas Twp. ..... 22 Laketown Twp. _ _ 22 Hampton Twp. . 21 Vermillion Twp. Points . 21 20 2O 20 2O _ 19 19 i9 19 18 18 17 i? 16 15 15 . 14 13 13 i3 12 12 12 11 11 i0 10 10 10 9 · 9 9 8 7 7 . Cities 0 to 8 points 0 to 8 points 0 to 6 points 0 to 10 points 0 to 4 points Affordability and Diversification Municipalities are ranked according to the percent of their ovcner-occupied housing (homesteads) with an assessed valuation equal to or lower than an amount affordable to households at 80 percent of area median income, and their total number of mobile homes. . Municipalities are ranked according to the percent of their total housing stock that is comprised of rental units affordable to households of low- and moderate-income (50 percent of area median income or less). This includes all federally subsidized rental units -public housing, Section 8 housing, units subsidized by the U.S. Department of Agriculture, units developed with the use of low-income housing tax credits, units developed with the assistance of MHFA, the LCA Fund or the assistance of a local fiscal tool or housing finance initiative. This also includes all rental units that are qualified as 4d for purposes of their property tax classification. , Municipalities are ranked according to the percent of their housing stock that is comprised of units that are not conventional single family detached units. These units include twinhomes, quads, apartments, townhomes, condominiums, detached townhomes and mobile homes. o Municipalities are ranked according to the percent of net units added to their housing stock that are affordable - bOth ownership and rental since the Council began monitoring in 1996. These "ne,,,,," units may include units that have been "preserved" as affordable for a definitive period of time because of public or private re-investment to retain their affordability. ("Net units" means that affordable habitable units removed as the result of a city initiative ',,,'ill be subtracted from the total new affordable units.) 5. Housing for special needs Municipalities are awarded 1 point for each of the following types of special housing within their jurisdictions: Housing for which federal, state, county or local funds or those of a non- profit organization have been used to purchase and operate residential units or provide licensed housing that is not for the purposes of incarceration, but as a transitional placement of adult offenders or adjudicated delinquents A publicly subsidized or non-profit group home licensed by the Department of Health or Department of Human Services which provides temporary or permanent housing for the physically handicapped, mentally ill, developmentally disabled or chemically dependent Metropolitan Council A shelter which is publicly subsidized and/or operated by a non-profit group to provide temporary housing for homeless persons and families, battered women or those not otherwise able to secure private housing Housing for individuals and families who are homeless, but with a transitional stay of six to' 24 months, and the assistance of advocates, can work towards housing stability and self-sufficiency to obtain permanent housing. ~ . Each type of' housing (not instance of such housing) is worth 1 point. Local Initiatives to Facilitate Affordable Workforce Itousing Development or Preservation 0 to 15 points 0 to I5 points 6. Fiscal Tools and Initiative The municipality has in place adopted local policy in its comprehensive plan or local housing plan that allows and encourages the use of a local fiscal tool or initiative and has used such a local fiscal tool to assist affordable workforce or life-cycle housing development or preservation. Examples of such fiscal tools include but are not limited to the following' Tax increment financing Housing revenue bonds General obligation bonds A local property tax levy Local tax abatement Local fee waivers or reductions Credit enhancements Taxable revenue bonds Land write-down or sale Collaboration and participation with a community land trust to preserve long-term affordability The use of federal or state dollars is only applicable if such dollars may be used for activities other than the development or preservation of affordable and life-cycle housing but the municipality has chosen by policy to use them for aftbrdable housing development or preservation. Each local fiscal tool or initiative is worth 3 points. 7. Initiatives regarding local regulation and development requirements Thc mun;cipality has in the two previous calendar .','cars allowed the reduction, adjustment or elimination ora local official control, or development or local code requirement as a cost avoidance measure in order to facilitate the development or preservation of affordable workforce or life-cycle housing, or has in place in its policies and official controls a commitment to make such :~ Metropolitan Council ltt~[,ro~ ~,,'.~u~qrl~ CO~tiIX'tLtii~ptleS$ OI a g~J&CLI ~Co~tt3Fil~l 0 to 12 points reductions, adjustments or eliminations of requirements whenever they are requested in order to facilitate the development or preservation of affordable or life-cycle housing. Examples of these initiatives-in the use of official controls include but are .not limited to the following: · The use of a density bonus systenh inclusionary housing r~quirements or some other innovative zoning approach · The use of variances, rezoning, special use or conditional permits or similar variations from the standards set forth in the community's zoning ordinance for the purpose of facilitating a specific affordable housing development · A local initiative undertaken to revise local design requirements for public improvement that may reduce the cost of public s~ervices to residential properties. · Modifications in public services standards or requirements that might include streets, curbs, gutter, sewer and water hookups, street lighting and other required public improvements in order to reduce development costs to increase affordability in a new residential development. A reduction of such standards as the required street right-of-way, or surfacing width or depth design for residential street, or the size of sewer or water service lines to new housing Each local initiative is worth 3 points. No more than 6 points may be applicable to any one affordable or life-cycle housing development or preservation activity aided by these local regulative measures. 8. Initiatives regarding housing prese~'ation and rehabilitation The municipality has in place locally-initiated or administered (city or count3,) housing preservation, home improvement and/or rehabilitation programs, or other tools that are of assistance in keeping its housing stock in sound condition. Examples of these initiatives include but are not limited to the following: A housing maintenance code and enforcement program for rental housing A housing maintenance code and enforcement program for owner-occupied housing · A housing rehabilitation loan or grant program for rental housing · A housing rehabilitation loan or grant program for owner-occupied housing · A home improvement loan or grant program A, home improvement resource center · A local tool-sharing center or program l-!ach local initiative is worth 2 points. l~Ietropolitan Council 1 to 5 points 1 to 5 points 0 or 6 points 0 or6 points 9. Density of residential development The average net density of new (or re-use) sexvered housing for which a building permit ,.vas issued in the municipality in the two previous calendar years. The average net density for attached housing units, i.e., units per acre The average net density 'for detached housing units (including detached townhomes and manufactured homes), i.e., units per acre (Unsewered communities will be scored separately from ~ewered communities with a higher rank for lower net density.) 10. The municipality's current zoning ordinance alloxvs densities for residential development consistent with densities set forth in the local comprehensive plan revised pursuant to the 1995 Land Planning Act amendments. Therefore, at a minimum, the residential densities identified in the comprehensive plan for the various residential land use categories are achievable for anyone proposing residential development pursuant to the zoning ordinance without a variance or exception. 11. In the previous two calendar years, the municipality has approved (permits may be drawn at any time) the development or local financial participation in a proposed development of new affordable housing, or the involvement of the municipality in the preservation and reinvestment in existing affordable housing - ownership or rental - which has not as yet been undertaken for reasons beyond the municipality's control. Points will be awarded according to the number of units involved in the proposal as follows' 2 points - less than 20 units 4 points- 20 to 39 units 6 points - 40 or more units Metropolitan Council