Administrative Sectioni
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ADMINISTRATIVE SECTION
Letter to Bill Engelhardt dated August 8, 1994.
Letter from John F. Connelly dated August 2, 1994.
Cable Television Client Update from Fredrickson & Byron dated August 1, 1994.
Notice of Filing of Order to Amend Findings of Fact and Conclusions of Law and
Memorandum re: Nez Perce Extension.
Letter from Elliott Knetsch dated August 5, 1994 re: Halla Nursery Law Suit.
Memorandum from Donald J. Leivermann, St. Francis Regional Medical Center dated May 4,
1994.
Cable Communications Update, Moss & Barnett dated August 4, 1994.
Letter to Marie Wortman dated August 8, 1994.
Letter to Ben Gowen dated August 8, 1994.
Transportation Today and the Need for Planning Article.
Memo from Jean Meuwissen dated August 4, 1994.
HRA Accounts Payable dated August 8, 1994.
Letter to Susan Morgan dated August 17, 1994.
Letter from Dave Johnson dated August 13, 1994.
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I August 8, 1994
I Mr. William R. Engelhardt
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
William R. Engelhardt & Associates
1107 Hazeltine Blvd.
Chaska, MN 55318
Dear Bill:
With the completion of the Minnewashta Parkway project, it is apparent that the city is left
with an excellent project, and I am happy to report that I have received nothing but
compliments from citizens. This entire project reflects your ability and a lot of patience and
personal attention.
Thanks fora ood job and a good project!
g J g P J
' Sincerely,
Richard Wing ,
Council Member
PC: Mayor and City Council
Mayor Don Chmiel
7100 Tecumseh Lane
Chanhassen, MN 55317 August 2, 1994
Dear Mayor,
First of all, I would like to laud the efforts of those responsible for the continuous development and
improvement of the Chanhassen City Parks. A quality park system, well planned and expertly
implemented, is obviously a priority in a growing community like Chanhassen.
However, I would like to point out a significant defect in the park system. One that could be '
detrimental to the enjoyment of 3 parks, and worse, is a serious potential safety hazard. This
defect is the &2= try cos Q Kerber Boulevard Allow me to elaborate on a few points:
1. The speed limit on Kerber is 40 mph all the way from W. 78th Street to Powers Boulevard. ,
This is certainly inappropriate considering all the adjacent property is either recreational
park land or residential developments. When Kerber was a two -lane county road cutting
through farm and pasture land, the speed limit of 40 mph was quite appropriate. But
Kerber now qualifies as a "parkway ", and speeds of 40 mph pose a definite hazard to the
users of the adjacent park land and walkways, and also at the entrys to several residential '
developments.
2. Even with a speed limit of 40 mph, traffic at times travels much faster on Kerber, up to 55
mph. Kerber is not a "through highway" but rush -hour travelers use it as such. Powers
Boulevard, a quarter -mile to the west, and with a speed limit of 50 mph, should be used
when motorists wish to reach Highway 5 quickly. Even though Powers is a through road,
note that as you travel north on Powers, the speed limit is cut to 30 mph where it enters a
residential section of Excelsior. An improved traffic control method for Kerber, and hence
downtown Chanhassen, should include some specific steps to avoid routing high volumes of
high -speed traffic through what promises to be an excellent and attractive city center.
3. There are no stop signs or marked crosswalks (except at Chan Elementary) to allow
pedestrians, bikers, and others safe access between the parks and the residential
developments. This becomes especially dangerous when you watch the high -speed passing '
of turning cars in the right (parking) lane.
As a citizen of Chanhassen, proud of efforts to make this an excellent community, but seriously '
concerned for the safety of park users and pedestrians, I would like to propose the following:
A. The speed limit on the entire length of Kerber Boulevard be lowered to 30 mph.
B. Stop signs and crosswalks be installed at each intersection along Kerber Blvd., to control
the speed of traffic, and to allow safe passage of bikers and pedestrians to and from
sidewalks and parks. ,
I believe these proposed items fit very well with the efforts already underway to make this city
corridor a peaceful, pleasant and safe improvement to our city parks system.
I encourage the members of the city council, and others involved in city planning, to recognize the
issues I have raised as serious, and to take the actions within their power to address those issues
before a tragic accident occurs.
Thanks and Regards, /
John F. Connelly ,_�
900 Saddlebrook Curve
Chanhassen, MN 55317
Phone: 470 -1383 '
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FREDRIKSON & BYRON, P.A.
Attorneys At Law
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1100 International Centre
900 Second Avenue South
Minneapolis, MIS 33402 -3397
(612) 347 -7000
FAX (612) 347 -7077
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CABLE TELEV?SION CLIENT UPDATE
TO: Fredrikson & Byron Clients and Interested Persons
FROM: Adrian E. Herbst, 347 -7053
John H. Stout, 347 -7012
Paul L. Landry, 347 -7044
F. Chet Taylor, 347 -7051
Theresa M. Harris, 347 -7131
DATE: August 1, 1994
L3rTRODUCTION TO THIS UPDATE
Numerous changes are occurring in the Cable Television Industry. Now more than
ever, this industry is on the verge of competition while at the same time facing change due to
new technologies and service capabilities as well as numerous new regulatory requirements.
With this update we will provide a brief overview of some significant activities to highlight
for clients and other interested persons the broad scope of what is occurring.
It is important for a local franchising authority to stay abreast of change because in
many instances these changes will impact the local franchising authorities' rights. For a local
unit of government to continue to have a role as telecommunications changes occur, it must
take a stand to preserve local control and legal authority. Fredrikson & Byron is committed
to providing assistance to local units of government throughout the new era of
telecommunications and to provide assistance in a wide variety of matters including franchise
renewals, transfers of ownership, and negotiations that will likely occur.
This update is not intended to provide legal advice, but to provide practical
information and to provide a service to you. If you want to know more about any topic
covered by this update, or would desire assistance from us relative to your own needs, we
would be most pleased to provide additional information to you.
FREDRIKSO\ & BYRON, P.A.
Attayne�s At Lau
Page 2
August 1, 1994 '
US WEST PURCHASES WOMETCO AND CCTV
Two weeks ago US West, one of the seven Bell operating companies, announced the
acquisition of Wometco and Georgia Cable TV & Communications ( "GCTV "), two cable
television systems located in the Atlanta, Georgia area. Significant is the purchase price.
We have heard it approximates $2,600 per subscriber. This brings to mind some of the
concerns that led to the Cable Television Consumer Protection and Competition Act of 1992
("1992 cable act "). Precisely, that concern is to what extent does the cost of systems ,
pressure the rates and charges?
Franchising authorities with upcoming franchise renewals and municipal reviews
should carefully consider any discussion by the cable operator regarding a transfer of
ownership or sale. Municipalities which are currently involved in the renewal process should
carefully structure their franchise agreements to insure a right to review and reasonable
control over any sale or transfer of ownership. The franchising authority should ask to what
extent: does a new franchise holder have the appropriate legal, technical, and financial
qualifications; will rates or services be affected by the sale or transfer of a system; and will
the sale or transfer be adverse to the community.
These are just some of the questions that a municipal franchising authority will want
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to consider. Developing an effective process of review will help to ensure reasonable control
over the sales and transfers that are sure to occur over the next several years.
THE FCC ADOPTS EQUIPMENT COMPATIBILITY STANDARDS
The 1992 cable act authorized the Federal Communications Commission ( "FCC ") to
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develop new rules and standards relating to the compatibility of equipment. The FCC
released its initial rules on May 4, 1994.
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As part of these new rules cables operators will have the responsibility to educate the
community about equipment and equipment compatibility to ensure more consumer friendly
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service. These procedures must be explained and the initial education effort completed by
October 31, 1994.
FREDRIKSON & BYRON, P..-%.
AIt OTneN� Ai Lau
Page 3
August 1, 1994
SU THE UNTIFED STATES I ON THE TURNTR CAS
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Last fall many of us received numerous calls from subscribers concerning whether
local broadcast stations would continue on a cable system. The 1992 cable act contained a
"must carry" provision which stated that a cable operator must carry local commercial
1 television stations, qualified low power stations, and local noncommercial educational
television stations. In Turner Broadcasting System. Inc. v. Federal Communications
Commission 61 U.S.L.W. 4647, 1994 WL 279691 (U.S. June 27, 1994), the United States
' Supreme Court examined whether the "must carry" provision violated the constitution and
decided not to rule on the issue. The Court sent the case back to a lower court for further
review.
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Many cable operators knew about the Turner case and believed that a final decision in
that case could impact the rights of both cable operators and broadcasters. These cable
operators did not agree to carry local stations as the "must carry" provision required until
just before the provision became effective. Many of the agreements between the stations and
the cable operators only lasted a year because of the uncertainty regarding the provision. As
a result of the Supreme Court's decision to ask the lower court to review this case, we will
probably face questions about whether cable operators will carry broadcast stations again this
fall.
THE VENN' HAMPSHIRE LEGISLATURE ASKS FOR A DECISION
ON CONVERTOR BOXES
The New Hampshire legislature has filed a petition with the FCC to seek a ruling on
a franchising authority's right to prohibit a cable operator from requiring subscribers to use a
convertor box and its authority to impose restrictions on scrambling, encryption, digital
technology, and converter boxes in franchise agreements. The FCC must determine whether
the 1992 cable act, which gives the FCC the power to regulate electronic equipment
compatibility, scrambling of signals, and the encryption of video programming prohibits the
franchising authority's involvement in these areas. The right of a franchising authority to
respond to its community's needs regarding problems associated with electronic equipment
used with the cable television system is at stake.
FREDRIKSON & BFRON, PA.
Attorneys At Lau
Page 4
August 1, 1994 '
THE STATUS OF FEDERAL LEGISLATION
Telephone companies are seeking permission to become cable television operators
without the franchise requirements currently applicable to the traditional cable operator.
House Bill 3636, which would allow local telephone companies to provide video
programming directly to subscribers in their telephone service area, passed in the House by a
vote of 423 -4. Senate Bill 1822, which is similar to the house bill but contains some critical
differences, is still pending in the Senate. Senator Ernest F. Hollings, Chairman of the
Senate Commerce, Science, and Transportation Committee, Senator John C. Danforth, and
Senator Daniel K. Inouye are sponsoring the bill. A vote is expected during the next week.
A new bill, Senate 2195, addresses some of the concerns of municipalities and access '
operators regarding the reservation of cable channel capacity for public use. It orders the
FCC to promulgate rules which require cable operators to provide 20% of their capacity for
public uses free of charge and economic support for entities eligible for public use. This
bill, introduced by Senator Daniel K. Inouye, is supported by numerous municipal groups.
FCC AND COURT DECISIONS APPROVING TELEPHONE CABLE SERVICES 1
As Congress considers the legislation, the courts are active in a number of cases
involving similar issues such as whether to eliminate the cross ownership restriction.
Currently, the Cable Communications Policy Act of 1984 and the 1982 AT &T Consent
Decree largely prohibit telephone companies from operating a traditional cable system. In
August of 1993, Bell Atlantic prevailed in the city of Alexandria, Virginia when a court
ruled that the non - ownership provision is invalid. This past July, in a recent case involving
US West in Seattle, Washington, a court made a similar finding.
While these matters are under appeal, the telephone companies are pushing the
legislation in Congress and also processing Video Dial Tone applications at the FCC. Bell
Atlantic became the first telephone firm allowed to compete with cable television under
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Video Dial Tone application procedures in the FCC. Bell Atlantic will have the ability to
provide this service and create an advanced system of cable TV and interactive multimedia in
New Jersey. Bell Atlantic has a contract with Future Vision of America Corporation to
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carry up to 60 channels of programming.
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FREDRIKSON & BYRON, P.A.
Attome-s At Lou
Page 5
August 1, 1994
In March of 1994, the FCC announced new rules applicable to rate regulation of basic
cable services as well as other services provided by cable operators. This occurred when,
many franchising authorities were just starting to review FCC 393 information. The FCC
announced that the new rules would provide savings of up to 17 percent.
Within the next several weeks municipalities that have started to process the rate
regulation will receive filings from the cable companies on new forms. These include form
1200, form 1205 and form 1215. There are a number of important steps that must be
followed to ensure a proper review and to comply with the FCC rules.
The franchising authority has 30 days from receipt of the rate justification form to
review it and act upon it. The franchising authority may within the initial 30 -day period
invoke a 90 -day extension period, giving the authority a total of 120 days to review a
"benchmark" filing. If the cable operator submits a "cost -of- service" review, the franchising
authority may extend the review period for 150 days, for a total of 180 days. Franchising
authorities that cannot afford to review the rates may request the assistance of the FCC.
Similarly, if a longer review time is used, the franchising authority must give written
notice. Once the rates are in effect, the parties can only adjust the rates as permitted by the
rules. If an adjustment is not made by the cable operator on an annual basis based on an
inflationary rate over and above the approved rate, a cable operator may waive its right to
request an adjustment for that period.
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SUNIT'IARY OF NEXT UPDATE
In our next issue we will provide:
A summary of the effect of the new rate regulation rules.
What is transpiring in the telephone cable computer convergence environment.
Innovative developments by local governments in telecommunications.
WZr J
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
---------------------------- - - - - -- Civil No. C9 -93 -1111
Frank Beddor, Jr., Todd Novaczyk 1
and Sherry Novaczyk, and Robert L.
Post and Sandra J. Post,
Plaintiffs NOTICE OF FILING OF ,
ORDER TO AMEND FINDINGS
VS. OF FACT AND CONCLUSIONS
OF LAW AND MEMORANDUM
City of Chanhassen, its Mayor
Don Chmiel and City Council
Members,
Defendants. 1
---------------------------- - - - - --
PLEASE TAKE NOTICE that on August 3, 1994, the attached Order 1
to Amend Findings of Fact and Conclusions of Law and Memorandum,
were duly filed with the Carver County District Court in the above -
entitled matter. 1
Dated: August 5, 1994. ,
CAMPBELL, KNUTSON, SCOTT
CHS, P.A.
B
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Thomas M. Scott, #98498
Attorneys for Defendants
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
(612) 452 -5000 1
16975 1
FxeD
before the Honorable Robert J. Goggins, Judge of District Court,
Carver County Courthouse, Chaska, Minnesota. The trial commenced
' February 28th through March 1, 2, 3, 7, 8, 9, and 15, 1994. The
trial was concluded with submission of memoranda and final
arguments on April 15, 1994.
Lawrence A. Moloney, Esq. and Todd A. Noteboom, Esq., appeared
on behalf of Plaintiffs. Thomas M. Scott, Esq. appeared on behalf
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of Defendants.
The Court having heard all of the evidence, and upon all of
the records of those proceedings, rendered its decision issued June
3, 1994, finding for the Defendant, City of Chanhassen, against the
Plaintiffs on all counts. Plaintiffs have now made a motion for
amended findings or, alternatively, for a new trial. Plaintiffs
also
moved
AUG 0 3 1994
Court to stay entry of
STATE OF MINNESOTA
CARVLii wov W UfiTS DISTRICT COURT
this
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
ruled on Plaintiffs
------------------------------
Frank
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Beddor, Jr.,
Todd Novacz k Court File No C9-93-1111
and Sherry Novaczyk,
and Robert L.
Post and Sandra J.
Post,
Plaintiffs,
ORDER TO AMEND FINDINGS
vs.
OF FACT AND CONCLUSIONS
OF LAW AND MEMORANDUM
City of Chanhassen,
its Mayor
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Don Chmiel and City
Council Members,
Defendants.
--------------------------------------------------------
The above entitled matter originally came on for a court trial
before the Honorable Robert J. Goggins, Judge of District Court,
Carver County Courthouse, Chaska, Minnesota. The trial commenced
' February 28th through March 1, 2, 3, 7, 8, 9, and 15, 1994. The
trial was concluded with submission of memoranda and final
arguments on April 15, 1994.
Lawrence A. Moloney, Esq. and Todd A. Noteboom, Esq., appeared
on behalf of Plaintiffs. Thomas M. Scott, Esq. appeared on behalf
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of Defendants.
The Court having heard all of the evidence, and upon all of
the records of those proceedings, rendered its decision issued June
3, 1994, finding for the Defendant, City of Chanhassen, against the
Plaintiffs on all counts. Plaintiffs have now made a motion for
amended findings or, alternatively, for a new trial. Plaintiffs
also
moved
this
Court to stay entry of
judgment until 30 days
after
this
Court
has
ruled on Plaintiffs
post -trial motions.
These
motions were heard July 14, 1994 before this Court. The Court has
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denied the motion for a stay
of judgment
pursuant to this Court's
presented
Order dated July 14, 1994.
Finding of Fact XLIV is amended to read as follows:
known to the RGU
Lawrence A. Moloney, Esq.
and Todd A.
Noteboom, Esq., appeared
location of the
on behalf of Plaintiffs. Thomas M. Scott,
Esq. appeared on behalf
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of Defendants. With respect
to Plaintiffs' motion for amended
RGU shall
findings or, alternatively, a
new trial;
THE COURT HEREBY MARES
_dem onstrate the pro 1ect may
THE FOLLOWING:
ORDER
I. That Plaintiffs' motion for amended Findings of Fact and
Conclusions of Law is granted as follows:
Finding of Fact XXXVII is amended to read as follows:
On or about July 28, 1993, the City received a copy of a
Petition from the Plaintiffs herein, which also included the
of an EAW if the evidence
signatures of other neighboring homeowners requesting an EAW which
presented
had been filed with the Minnesota Environmental Quality Board.
Finding of Fact XLIV is amended to read as follows:
known to the RGU
The prepared Findings of the city address the issues raised by
nature or
location of the
the EAW Petition and indicate a rational basis to deny the
petition. The evidence presented failed to demonstrate the project
for significant environmental effects. The
may have the potential for significant environmental effects
RGU shall
The standard to be applied in determining whether an EAW shall
if the evidence presented fails to
be prepared is found at Minn. R. 4410.1100, s ubd. 6, which states
_dem onstrate the pro 1ect may
as follows: 1
The RGU shall order the preparation
of an EAW if the evidence
presented
by the Petitioners, proposers, and other persons or
otherwise
known to the RGU
demonstrates that because of the
nature or
location of the
proposed proiect, the proiect may
have the potential
for significant environmental effects. The
RGU shall
deny the petition
if the evidence presented fails to
_dem onstrate the pro 1ect may
have the potential for significant
environmental effects. The RGU shall maintain either as a I
' separate docume.,t or contained within the 1,.: -cords of the RGU
a record, including specific findings of fact of its decision
on the need for an EAW
II. The Conclusions of Law are amended as follows:
Striking original Conclusion of Law #4 and inserting:
Plaintiffs have failed to show that the City's decision to map the
i extension of Nez Perce'Drive was arbitrary and capricious
III. That Plaintiffs' alternative motion for a new trial is hereby,
in all respects, DENIED.
IV. That all other aspects of this Court's Findings of Fact,
Conclusions of Law, Order for Judgement and Judgment dated June 3,
' 1994, remain in full force and effect subject to the amendments
stated herein.
V. The attached supplemental memorandum is incorporated herein.
' LET JUDGMENT BE ENTERED ACCORDINGLY
Dated: Cz,� -�� 3 , 1994. BY THE COURT:
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Robert J . g ins,,
Judge of D`s rict' C urt
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SUPPLEMENTAL MEMORANDUM
Plaintiffs contend that this Court has made factual errors and
errors of law and has "imputed its apparent bias against Mr. Beddor
to all of the Plaintiffs in this lawsuit." While the Court noted
that the underlying motives in bringing this lawsuit are
questionable, this Court, nevertheless, has reviewed all of the
1 The Court in its Findings of Fact, Conclusions of law, Order
and Order for Judgment dated June 3, 1994 concluded that:
It is clear to the Court that Plaintiff Beddor's purposes in
filing this lawsuit had little to do with the legitimate
public policies of the environmental protection statutes. The
Court acknowledges that, initially, this matter presented
legitimate issues of fact. However, as this case has
proceeded, it is more obvious to the Court that ulterior
motives were and are at the core of this lawsuit.
evidence submitted and addressed each issue on its merits. I
With respect to Finding of Fact at paragraph XLIV, clearly
Minn. R. 4410.1100, subd. 6 was the standard applied by the Court
in this case. This standard requires the Responsible Governmental
Unit to prepare an EAW only where it has been demonstrated by the
that because
petitioners of the nature or location of the proposed
project, the project may have the potential for significant
environmental impact. emphasis added. While the Court acknowledges
that application of Minn. R. 4410.4500 et. seq. referencing the
,
discretionary /mandatory EAW provision may not necessarily apply,
the Court's findings and conclusions with respect to this issue
were based upon the standard as indicated in Minn. R. 4410.1100,
subd. 6. This was made clear as reflected in this Court's original
memorandum which stated as follows:
Based upon the record and the law to be applied, this Court
finds that the city did not act arbitrarily and capriciously
in denying the Petition for an EAW. Carl Bolander & Sons Co.
v. City of Minneapolis 488 N.W. 2d 804 (Minn. App. 1992) The
city's Findings and Decision in response to the petition for
an EAW concluded that petitioners failed to demonstrate that
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the proposed project had the potential for significant
environmental impacts. Given the information known to the city
at the time, this Court will not disturb the city's ruling
under these circumstances.
The Court agrees with counsel for Plaintiffs that Minn. R.
4410.1100, subd. 6 is a "broad and rigid standard." (Plaintiffs'
g ( ffs '
Memorandum in support of motion to amend p. 20) The Plaintiffs,
however, were unable to meet that standard. Moreover, Plaintiffs i
have mischaracterized the rule as requiring petitioners to raise ■
evidence... which "...suggests that there may be potential for
significant environmental effects. (Plaintiffs' Memorandum in
support of motion to amend p. 20). The rule states as follows: I
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The RGU shall order the preparation of an EAW if the evidence
presented by the Petitioners, proposers, and other persons or
otherwise known to the RGU demonstrates that because of the
nature or location of the proposed project, the project may
have the potential for significant environmental effects. The
RGU shall deny the petition if the evidence presented fails to
' demonstrate the project may have the potential for significant
environmental effects.
Minn. R. 4410.1100, subd. 6 (emphasis added).
The rule does not require a suggestion of potential significant
impact as counsel for Plaintiffs contends, it requires a
demonstration of such.
' Mirria?n- Webster's Third New International Dictionary
(copyright 1993), defines "suggestion" as: to mention as a
possibility or to put into the mind. Alternatively, "demonstration"
is defined as: manifest[ing] clearly, certainly, unmistakably, to
' show clearly the existence of. The Court is satisfied that the city
did not act arbitrarily and capriciously in denying the Petition
for an EAW based upon the applicable standard.
' Plaintiffs also claim that the Court erred where it found that
the EAW petition made no reference to environmental concerns about
Christmas Lake. See this Court's Finding of Fact, paragraph 39.
Plaintiffs claim that Minn. R.-4410.1100, subd. 6 is inclusive of
"evidence... otherwise known to the RGU." Specifically, although the
' petition did not so include Christmas Lake, it was known to the RGU
at that time. This Court agrees with plaintiffs' interpretation of
' the rule, however, after trial upon the merits the evidence did not
show anything to indicate that., at the time the petition for an EAW
was submitted, the RGU could conclude that this street project had
the potential for significant environmental impacts.
Similarly, with respect to Count 1, in the hearing on the
motion for amended findings, counsel for Plaintiffs argued that the
standard for application of MERA is an "unquantifiable" standard.
To prevail under a MERA claim, Plaintiffs must show that
Defendant's conduct has caused or is likely to cause a material
adverse affect on the environment. State ex. rel. Wacouta Township
v. Brunkow Hardwood Corporation 510 N.W. 2d 27 (Minn. App. 1993).
Counsel for Plaintiffs argued that words such as "material" or
"significant" or "important" are unquantifiable terms. The Court
cannot agree with this position. "Material adverse affect" is the
operative phraseology on this issue. The language is explicit and
the Court, cannot simply ignore it, as counsel for Plaintiffs
requests.
Plaintiffs' liberal application and understanding of the
appropriate standard would, inevitably, lead to extreme and
perverse results. The Minnesota Court of Appeals has proclaimed
that the environmental statutes are not to be construed to prohibit
all human enterprise. They stated, furthermore, that almost every
human activity has some kind of adverse impact on a natural
resource. State ex. rel. Wacouta Township v Brunkow Hardwood
Corporation 510 N.W. 2d 27 (Minn. App. 1993). See also, State v.
Neisen 415 N.W. 2d 326 (Minn. 1987) (Minnesota Supreme Court
holding that statutes should not be construed to lead to absurd
results) The policy behind the environmental statutes is to protect
natural resources from conduct that has caused or is likely to
cause a material adverse affect on the environment.
RJG
August 5, 1994
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Mr. Lawrence A. Moloney
Doherty, Rumble & Butler, P.A.
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402 -4235
Re: Frank Beddor, Jr., et al.
vs. City of Chanhassen, et al.
Court File No. C9 -93 -1111
Our File No. 12668/310
Dear Mr. Moloney:
t-
(61_ �"
Fax (612) 452-550
Enclosed herewith and served upon you by U.S. Mail please
find Notice of Filing of Order to Amend Findings of Fact and
Conclusions of Law and Memorandum in the above - referenced matter.
Best regards,
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Att(irne)'s at La\N'
CAMPBELL, KNUTSON, SCOTT
& F CHS, P.A.
By: �_� Z�
omas M. Scott
TMS:slc
Enclosure
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cc: Mr. David Hempel
(Enclosure)
Mr. Don Ashworth
(Enclosure)
Suite 317 • Ea Office Center • 1380 Corporate Center Curve • DpIn, MN 55121
Thomn J. G:+mI'h, ll
Ro cr N. Knutson
Thomas M. Sant
Gary G. Fuchs
):ones R. \ \%1kr ,n
Elliott B. Knetsch
Eli :Aeth A. Lun_cr
Andrea Mchottrll Poehlcr
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Mr. Lawrence A. Moloney
Doherty, Rumble & Butler, P.A.
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402 -4235
Re: Frank Beddor, Jr., et al.
vs. City of Chanhassen, et al.
Court File No. C9 -93 -1111
Our File No. 12668/310
Dear Mr. Moloney:
t-
(61_ �"
Fax (612) 452-550
Enclosed herewith and served upon you by U.S. Mail please
find Notice of Filing of Order to Amend Findings of Fact and
Conclusions of Law and Memorandum in the above - referenced matter.
Best regards,
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Att(irne)'s at La\N'
CAMPBELL, KNUTSON, SCOTT
& F CHS, P.A.
By: �_� Z�
omas M. Scott
TMS:slc
Enclosure
J
'LI
cc: Mr. David Hempel
(Enclosure)
Mr. Don Ashworth
(Enclosure)
Suite 317 • Ea Office Center • 1380 Corporate Center Curve • DpIn, MN 55121
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Them:r- J. Camhhcll
Ro,cr N. Knut <on
Thonms M. CcOrt
Gary G. Fuchs
lame R. V
Elliott R. Kncrsch
Eli_aheth A. Lun_cr
An3rea McDot +rll Poehler
Mr. Robert J. Bruno
Attorney at Law
205 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
Attorneys at Lm
August 5, 1994
Re: City of Chanhassen
vs. Halla Nursery, Inc.
Our File No. 12668/350
Dear Mr. Bruno:
P 7, r•.
(612) 452 -50,
Fux (612) 452 -5550
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Attached is Exhibit A, which is the inventory list (prepared by City staff during
the site inspection on July 20, 1994) of products in the garden center store ( "garden
center ").
All items designated with an (A) indicate items which are farm implements,
livestock, or agricultural produce or products pursuant to Minnesota Statute §1613.20
(Subd. 5). If Halla's continue to designate the garden center as an agricultural building
on agricultural land, the products designated with an (A) may remain in the store, and
the store may remain open to the public for retail sales of only those products. All other
products must be removed from the garden center, and may not be made available for
retail-sale to the public from the garden center.
If Halla's want to continue retail sales of nonagricultural products from the
garden center as they are now doing, they must apply for a building permit for the
garden center, and bring the garden center into compliance with the Uniform Building
Code ( "UBC "). After the permit is issued, and compliance with the UBC, the garden
center may be used for retail sales to the public, with no limitation (other than those
imposed by the UBC or UFC) on the products which may be offered for sale.
1
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Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Ewan, MN 55121
Mr. Robert J. Bruno
August 5, 1994
Page 2
The designations on Exhibit A are based upon Minnesota Statute §16B.50, Subd.
5 which provides as follows:
a structure on agricultural land as defined in section 273.13,
subdivision 23, designed, constructed, and used to house farm
implements livestock or agricultural produce or products
used by the owner lessee, and sublessee of the building and
members of their immediate families, their employees, and
persons engaged in the pickup or delivery of agricultural
produce or products (emphasis added).
An agricultural building must be used to house farm implements, livestock or
agricultural produce or products used by the owner and members of their family, their
employees and persons engaged in pick up or delivery of agricultural produce or
products.
The garden center does not house agricultural produce or products for use by the
owner. Few, if any, of the items were produced or grown on the Halla Nursery property.
The items in the garden center are clearly intended for sale to the general public (See
Exhibit B).
Agricultural produce or products pertain only to animals, vegetation and products
arising therefrom.
The term "agricultural products" includes:
livestock, dairy animals, dairy products, poultry and poultry
products, fur - bearing animals, horticulture and nursery stock
described in sections 18.44 to 18.61, fruit of all kinds,
vegetables, forage, grains, bees, and apiary products by the
owner.
Minn. Stat. §273.13, Subd. 23(e)(1).
Under the Plant Pest Act, "Nursery stock" is defined to include:
all hardy, deciduous and evergreen trees, shrubs, vines and
other plants having a woody stem, whether wild or cultivated,
and parts thereof which are for and capable of propagation.
Minn. Stat. §18.46, Subd. 3.
Ld
Mr. Robert J. Bruno
August 5, 1994
Page 3
Section 273.13, Subd. 23(f) also requires an assessor to classify as "agricultural" a
greenhouse or other building where horticultural or nursery products are grown that is
also used for the conduct of retail sales:
if it is primarily used for the growing of horticultural or
nursery products from seed, cuttings, or roots and
occasionally as a showroom for the retail sale of those
products. Use of a greenhouse or building only for the
display of already grown horticultural or nursery products
does not qualify as an agricultural purpose.
legislative hearin s re regarding this section clearly '
The tapes of the g g g y indicate that the
"occasional" retail sales referred to pertains only to the sale of the already grown
horticultural or nursery products, not general accessories such as tools, lawn and garden
supplies or decorations.
The term nursery includes the sale of the product of the nursery, but does not
include the business of reselling goods purchased off the premises. (83 Am. Jur 2d,
Zoning and Planning § 397 (1992)). The North Dakota Supreme Court defined
"agricultural products" as meaning the products of a nursery. ( Boehm v. Burleigh
County, N.D. 130 N.W.2d 170, 176).
As an example, ice cream made on a farm was held to be a farm product within ,
the meaning of a zoning ordinance permitting the sale of farm produce where the milk
and cream used in the making of the ice cream were produced on the farm.
Deutschmann v. Board of Appeals 325 Mass. 297, 90 N.E.2d 313 (1950) (cited in
Annotation, Zoning -- Farming or Agricultural Uses 97 A.L.R.2d 702, 713 -14 (1964))
(petition to build roadside stand for sale of milk, milkshakes, ice cream and cheese on a
dairy farm was upheld).
In Richmand Township v. Erbes 195 Mich App. 210, 489 N.W.2d 504, (1992), the '
Michigan Court of Appeals upheld the trial court's injunction of the manufacturing or
assembly of wooden pallets on defendant's farm as contrary to the township zoning
ordinance. Pallets were not "farm products" under the Right to Farm Act, where none of
the product was grown on the property. '[T]he Act implicitly defined "farm products" as
plants and animals grown on the premises.' Id.
r
Mr. Robert J. Bruno
August 5, 1994
Page 4
Please contact me if you have any questions.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
as
Elliott B. Knetsch
EBK:slc
Attachments - Exhibits A and B
cc: Mr. Don Ashworth
Ms. Kate Aanenson
Mr. Scott Harr
Mr. Steve Kirchman
EXHIBIT A
HALLA NURSERY GARDEN CENTER INVENTORY
(07- 20 -94)
Landscape fabric
Bird feeders
Trellises
Bird house stands
Books
Garden netting
Garden staking
Hummingbird /oriole feeder
Green sweep weed /feed
Lawn trash bags
Seed spreaders
Lawn seed
String
Bird feed
Tree stakes
Sprinklers
Garden hose
Hose nozzles
Gloves
Watering cans
Ceramic bulb planters
Steel bulb planters
Electronic water timer
Thermostat
Thermometer
Planter boxes
Pots
Potting soil
Moisture meter
Burlap
Transplant booster
Plant starter
Round Up
Plant food
Compost maker
Fertilizer stakes
Drop spreader
Root feeder
Augur
Weed killer and preventer
Accent lights
Insect killers
Deer /rabbit repellent
Knee pads
Plant supports
Vegetable seeds
Plant seeds
Feeder wand
Plant stands
Planter boxes
Live plants (A)
Live shrubs (A)
Garden tools
Hose
Hedge shears
Lopping shears
Pruners
Weed eater
Power snow shovel
Hand tools
Gas - powered weed eater
Snow thrower /trimmer
Rakes
Killer kane
Garden trellis and lattice
Wind chimes
Wood mushrooms
Bird baths
Wood bench
Wood cactus
Clay pots
Top soil
Peat moss
Sheep manure
u
s
16794
E T
On the Grow
-- at Halla Nursery
Everything is on the grow at Halla
Nursery. Sounds of spring whisper as
landscape and design staff, growers and
movers and maintenance people, managers
and other friendly employees at Halla tend to
business.
Located three miles south of Chanhassen
on Hwy 101, Halla Nursery welcomes the
community and invites you to visit their ex-
panded garden center this spring as you shop
for plant material for your home or business.
Looking for annuals or perennials? Halla
has 'em! Looking for trees or shrubs? Halla
has'em. Looking for mulches or fertilizers?
Halla has 'em! You'll encounter a wide
selection of plant material at Hall � nursery.
as well as a brand new 5,000 sq. retail
garden center, and a large staff to assist you.
Halla has 100 acres of trees, shrubs, ever -
gretns, perennials, and annuals from which
to choose.
Don Halla, president of Halla Nursery
and second generation in the business, takes
pride in the wide selection and quality of
plant materials at the rurs_ry. "We have ten
acres dedicated to the garden center," he said,
"and that includes two acres of potted shrubs,
two acres of balled and burlapped shade
trees, one -half acre of potted shade trees,
green houses, hanging baskets, and,a 15,000
sq. ft shade area for perennials. Our plant
material is in more mature sizes rather than
small seedling type plants."
"We have trees up to 18" in diameter,"
said Don, "and we have the world's largest
tree mover to move them."
"We have over 250 varieties of peren-
nials, 100 different varieties of flowering
shrubs, 75 different varieties of shade trees
and flowering crabs, and access to the
balance of 100 acres. We have large shade
trees of 6" diameter at 50 off now. We
have a wide selection of wild ferns, mulches,
shredded hardwood bark, and rock mulch
products."
Don explained that the plants at Halla
Nursery are grown in clay soil. "Plants grow
faster and easier in sand,' he said, "but then
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there's a high loss rate in transplanting
because they have to develop a new root
system. A clay medium is better for the Vic-
toria and Chanhassen homeowner because of
soils in that area." He also said that plants in
the field at Halla art root pruned every three
years to give them new and stronger roots.
The large new retail building, that houses
"everything not gran and growing;' opened
on May 1 st this spring. There you'll find
fertilizers, tools, rocks, soil, spray, peat
moss, manure, wildflower seeds, and other
garden supplies. "We also anticipate a high
quality bird house and bird feeder display,"
said Don. "It's another way to serve our
customer better."
Halla Nursery hires certified nursery and
landscape professionals. The education and
training needed to become certified assures
Halla that their customers will be assisted
with the greatest of cart and talent
The designers at Halla can draw you an
on-site rough sketch of landscape and plant-
ing possibilities, with an accompanying
estimate, free of charge. Or, for a mbatable
deposit, he or she can develop a comprehen-
sive plan which can be implemented as your
budget allows. This plan is the product of a
cooperative process that takes into considera-
tion the personal taste and desires of the
customer.
Don also takes pride in Peacock Palace,
.an area of the nursery where he raises pea-
cocks, rare varieties of pheasants and ducks.
"We invite parents to bring their kids," he
said, as the nursery has installed new play-
ground equipment and gazebo for kids to
enjoy while pamnts.chcck out the nursery
stock.
Yes, the growing season is upon us.
"Soil temperatures have come up quite well,
and there is no frost in the ground anymore,"
stated Don. "May 15th is about the right time
to plant"
Everything is on the grow at Halla
Nursery. Come and enjoy.the sights and
sounds of spring! You'll be pleasantly
surprised --S.O.
Mark H a ug, yic* president and gwwat manger at Mafia Nursery, one wa. ftw •^-�
scensed landscape architect.
SINCE 1942
EXHIBIT
LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS, B
TREE MOVERS AND GARDEN CENTER
3 Miles South of Chanhassen on Hwy 101.
Don Halla, preskWo of Halla Nursery and wcond
gerwafion in the busfnrtss.
Lyrrn Rlba, off a nwoogw at Mafia Nuisrrry, rw
eight yoors.
Sheryl Kohout, assislonf garden center marroper.
MEMORANDUM ST. FRANCIS REGIONAL MEDICAL CENTER I
TO: All Area Community Leaders I
FROM: Donald J. Leivermann, CEO
DATE: May 9, 1994
RE: Approval of St. Francis Replacement Project
I am pleased to announce that both our co- sponsors, HealthSpan and
BHS, have approved and authorized our building project for the new
'
St. Francis medical campus site. In addition, Park Nicollet- Shakopee
has elected to participate in the campus development by signing a
letter of intent to locate a clinic on the new site. We are currently
working with and encouraging other supporting clinics and
specialists to become part of the campus. Attached please find a
'
press release that will be issued to the media later this week
announcing this in greater detail.
The Board, HealthSpan, BHS, St. Francis, the medical staff, the
Foundation Board, and many other parties have worked diligently to
bring this vision to reality. This is an exciting time for St. Francis.
With your support we can continue to make St. Francis a pleasant
place to work and receive quality care.
Your care and service have helped us to create a caring environment,
the foundation for our future success.
,
Thank you. I
FJ
n
�v
1 (1
' for ambulatory and hospital services for St. Francis and amedical office building to house
other independent physician groups. Other clinics supporting St. Francis are being P P Y �' P PP g g encour-
I :: .. .. ....
aged to become art of the campus as the project moves forward.
g P P P J
(MORE)
325 West Fifth ;venue. Shakopee, 'Minnesota 55379 (612) 445 -2322
Amrmume a,1ion I.mpiu:rr..4 member of me Benedirrine Heulrh Smem.
L EC C L CE: % EP
May 9,1994 Contact: Lisa Graham - Peterson
Park Nicollet
612- 927 -3610
Carol Hobart
HealthSpan
612 -574 -7860
FOR IMMEDIATE RELEASE
Theresa Johnson
St. Francis
612 - 496 -7585
Osborne Strickland
Benedictine Health System
612- 720 -2370
JOINT PLANNING OF SHAKOPEE MEDICAL CAMPUS ANNOUNCED
St. Francis Regional Medical Center, Park Nicollet Medical Center, HealthSpan
Health Systems Corporation and Benedictine Health System have announced a preliminary
agreement for joint construction of a new medical campus in Shakopee.
Groundbreaking is expected early next year. The campus will be located along
County Road 17 in Shakopee and will include Park Nicollet Shakopee Clinic, a new facility
Medical Campus in Shakopee
Page 2 of 3 ,
"The new campus ensures that area communities will continue to have available local ,
hospital care, which ultimately improves the quality of life for area residents, said Don
Leivermann, CEO of St. Francis. '
"We identified a need within the community to expand our Shakopee office some time
ago," said Joseph Mitlyng, chief operating officer, Park Nicollet Medical Center. "The collabora-
tive effort to locate both clinic and hospital services within one medical campus meets our I
ongoing commitment to do what's best for our patients and for the community."
This announcement comes after several years of strategic planning to make the vision of
the new medical campus a reality. Last October, St. Francis and its Duluth -based parent com-
pany, Benedictine Health System, developed a joint sponsorship agreement with HealthSpan
Health Systems Corporation. This partnership will enable St. Francis to continue to provide
medical services to Shakopee and surrounding communities.
(MORE) I
'
Because it includes both hospital and clinic facilities, health care providers be-
lieve the new campus will be more cost effective and will enhance health care quality as well as
'
the availability and convenience of appropriate services. Joint planning by the clinic and the
hospital will benefit the local community and patients by encouraging shared services and tech-
nology.
A nationwide trend toward outpatient care and the size of the current hospital contributed
to the need for a new medical campus. The current St. Francis site is landlocked and leaves no
'
room for critical expansion necessary to accommodate an expected 15 percent increase in the
population of the service area over the next five years.
"The new campus ensures that area communities will continue to have available local ,
hospital care, which ultimately improves the quality of life for area residents, said Don
Leivermann, CEO of St. Francis. '
"We identified a need within the community to expand our Shakopee office some time
ago," said Joseph Mitlyng, chief operating officer, Park Nicollet Medical Center. "The collabora-
tive effort to locate both clinic and hospital services within one medical campus meets our I
ongoing commitment to do what's best for our patients and for the community."
This announcement comes after several years of strategic planning to make the vision of
the new medical campus a reality. Last October, St. Francis and its Duluth -based parent com-
pany, Benedictine Health System, developed a joint sponsorship agreement with HealthSpan
Health Systems Corporation. This partnership will enable St. Francis to continue to provide
medical services to Shakopee and surrounding communities.
(MORE) I
j Medical Campus in Shakopee
I Page 3 of 3
t
J
The Metropolitan Council gave special permission to extend water and sewer service to
the new site in June 1992. Last May, the hospital purchased the 60 -acre site directly south of the
future Shakopee Bypass on County Road 17 where the new medical complex will be built. In
August, the hospital began looking for a buyer for the existing facility. The scope of the new
campus will depend in part on the identification of a new use for the existing hospital facility.
St. Francis Regional Medical Center is a non - profit hospital affiliated with HealthSpan,
Minneapolis, and Benedictine Health System, Duluth. With 423 employees and 225 physicians
representing 30 different specialties, the hospital serves Shakopee, Chaska, Chanhassen, Savage,
Prior Lake, Jordan, Eden Prairie, Belle Plaine, Carver and the balance of the southwestern
corridor of Minnesota.
Park Nicollet Medical Center, one of the largest multispecialty group practices in the
country, has more than 370 physicians providing care in 45 specialties and subspecialties at 19
Twin Cities locations. In the Shakopee community for more than 30 years, this location has 20
physicians practicing in 20 specialties, including primary care. Park Nicollet Medical Center is a
member of HealthSystem Minnesota.
-30-
LAW OFFICES
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402.4129
BRIAN T. GROGAN TELEPHONE (612) 347.0300 TELECOPIER (612) 339.6686
(612) 347.0340
CABLE COMMUNICATIONS UPDATE ,
TO: MOSS & BARNETT CLIENTS AND INTERESTED PARTIES
FROM: BRIAN T. GROGAN '
DATE: AUGUST t-, 1904
®copyright 1994, Moss & Barnett, A Professional Association
ROUND TWO OF RATE REGULATION RAPIDLYAPPROACHING
Many municipalities throughout the country recently completed reviewing
FCC Form 393, submitted by cable operators. The FCC required operators to
submit Form 393 to implement Round One of the new rate regulations. Form 393
takes into consideration the number of subscribers served, the total number of
channels on the system and the number of channels which contain satellite '
delivered programming.
To implement Round Two of rate regulation, the FCC requires cable
operators to submit FCC Form 1200 to "certified" municipalities. Form 1200
,
takes into consideration six (6) additional factors to arrive at a benchmark
rate, including the median income of the community in question. Many cable
operators have already sent notices to subscribers informing them of revised
rates and have started to submit the new Form 1200 to municipalities. All
cable operators must submit Form 1200 to certified municipalities on or before
August 15, 1994.
'
Once a municipality receives FCC Form 1200, it must take action within 30
days or the rates proposed by the operator in the Form automatically become
effective. A municipality may unilaterally extend the time period for review
,
by an additional 90 days by providing the operator Written notice. If the
municipality avails itself of the 90 day extension, a full 120 days may be
used to review Form 1200. If your municipality is one of the few to receive
,
FCC Form 1220, your cable operator has chosen the more complex
"cost -of- service" form of rate regulation rather than the benchmark approach
outlined in Form 1200. Municipalities may invoke a 180 day time period to
review FCC 1220, if desired.
'
RECEIVED
1994
CITY OF
MOSS & BARNETT
A PROFESSIONAL AssoclATION
Although the FCC's second round of rate regulation is intended to provide
an additional 7% reduction in cable television rates, many municipalities are
' experiencing only a slight reduction in rates and in some cases even an
increase in either the basic cable service tier rates or related equipment
charges. Without question, reviewing Form 1200 will be more complicated for
' municipalities than reviewing Form 393. The FCC has made Form 1200 available
on a spreadsheet, which may be obtained for a nominal fee by contacting the
FCC.
I RATE REGULATION HAS IrS COSTS
Those municipalities which are currently regulating rates appreciate the
costs associated with implementing the FCC's voluminous rate regulations. The
FCC, however, is charged with regulating rates for the expanded tiers of
service and responding to rate complaints, over 4,000 of which it has received
so far. To meet this obligation, the FCC recently hired over 200 new staff
members and created a Cable Services Bureau. To finance this expansion of the
Commission, the FCC has imposed a "user fee" on all cable television operators
1 WILL NEW FEDERAL LEGISLATION PASS THIS YEAR?
' On June 28, 1994 the U.S. House of Representatives overwhelmingly adopted
two landmark telecommunications bills (H.R. 3626 and H.R. 3636) on consecutive
423 -5 and 425 -4 votes. However, companion .legislation in the Senate (S. 1822)
faces significant hurdles and may not win Senate approval before adjournment
in October.
The Senate version (S. 1822) remains in the U.S. Senate Commerce, Science
' and Transportation Committee as negotiations over long distance telephone
issues have apparently stalled the bills progress. The Senate version is
more favorable to franchising authorities than the House legislation.
' However, given the overwhelming support the House bill received, no one knows
what the final bill may look like if it moves to a conference committee
between the House and Senate. Before a conference committee can convene, the
Senate must pass S. 1822 by forging a compromise between local telephone
' companies and long distance providers. Many franchising authorities speculate
that given the unfavorable House legislation, the best end result franchising
authorities can hope for is no legislation this year at all.
INDUSTRY CONSOLIDATION REACHING FEVER PIT H
Over the last 18 months the cable television industry has experienced a
significant increase in the number of cable systems trading hands. Generally,
the trend appears to be a consolidation of cable operators with larger
1 multiple system operators acquiring medium sized operators located in or
2
in the amount of $.37 per
subscriber
per year. Although the
user fee has only
recently been imposed, operators must remit payment to the
FCC beginning as
early as August 12th and
completed
by September 30, 1994.
Cable television
subscribers may soon see
reflecting the FCC's new
a line item
user fee as
appearing on their cable television bills
operators attempt to pass this new charge
on to subscribers.
1 WILL NEW FEDERAL LEGISLATION PASS THIS YEAR?
' On June 28, 1994 the U.S. House of Representatives overwhelmingly adopted
two landmark telecommunications bills (H.R. 3626 and H.R. 3636) on consecutive
423 -5 and 425 -4 votes. However, companion .legislation in the Senate (S. 1822)
faces significant hurdles and may not win Senate approval before adjournment
in October.
The Senate version (S. 1822) remains in the U.S. Senate Commerce, Science
' and Transportation Committee as negotiations over long distance telephone
issues have apparently stalled the bills progress. The Senate version is
more favorable to franchising authorities than the House legislation.
' However, given the overwhelming support the House bill received, no one knows
what the final bill may look like if it moves to a conference committee
between the House and Senate. Before a conference committee can convene, the
Senate must pass S. 1822 by forging a compromise between local telephone
' companies and long distance providers. Many franchising authorities speculate
that given the unfavorable House legislation, the best end result franchising
authorities can hope for is no legislation this year at all.
INDUSTRY CONSOLIDATION REACHING FEVER PIT H
Over the last 18 months the cable television industry has experienced a
significant increase in the number of cable systems trading hands. Generally,
the trend appears to be a consolidation of cable operators with larger
1 multiple system operators acquiring medium sized operators located in or
2
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
around urban centers.
obligations to review
qualifications must be
using FCC Form 394.
I
These acquisitions trigger franchising authority
the qualifications of the incoming operator. These '
provided to the franchising authority by the buyer
Many municipalities take the opportunity presented by a transfer of
ownership to clarify ambiguous provisions within their franchise documents and
to ensure that all obligations and commitments contained in the franchise are
satisfied prior to approval of the proposed transfer. An ongoing issue
frequently debated by cable operators and municipalities is financial
responsibility for the time and expense incurred by the municipalities in
reviewing a proposed transfer. We have successfully argued on behalf of our
municipal clients that transfers of ownership fall outside the scope of any
franchise fees collected and the seller should therefore be required to
reimburse the city for all reasonable costs associated with review of the
transaction.
FRANCHISE RENEWALS
If your franchise is due to expire in the next three to four years, pay
particular attention to any letter you receive from your cable operator
requesting renewal of the franchise. Franchising authorities typically
receive such a letter requesting renewal approximately three years prior to
franchise expiration. Federal law requires franchising authorities which
receive a request for renewal to take affirmative action to begin the renewal
process within six months. This is a new obligation contained in the 1992
Cable Act which many municipalities have failed to comply with. Typically,
the best way to respond to a letter requesting franchise renewal is to first
reach a written understanding with the cable operator that the renewal process
will be conducted "informally" and that both parties reserve their right to
trigger the formal renewal process, should the informal process fail to result
in a negotiated settlement.
A cable operator typically wants to renew its franchise for a lengthy
franchise term and on terms and conditions very similar to those contained
within the existing franchise document. This is a mistake for franchising
authorities! Most franchises were drafted in the early 1980's prior to the
1984 Cable Act. Since that time, Congress passed the 1992 Cable Act and the
FCC has adopted numerous regulations. It is essential that franchising
authorities incorporate their new regulatory powers into any renewed franchise
document in order to retain authority over the operator.
Even if your relationship with your cable operator is currently positive,
the trend within the industry toward consolidation suggests that you may soon
have a new cable operator. The best insurance against changes in the cable
operator which may negatively affect your residents is a strong franchise
document which incorporates all of the regulatory authority allowed under
state and federal law.
3
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MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
MUST CARRY
On June 27, 1994 the U.S. Supreme Court, in a five to four decision, set
aside a lower court decision which upheld FCC rules requiring cable systems to
carry local broadcasters. The Supreme Court ruled that the FCC must do more
to justify the "must carry" rules. A special federal court in Washington DC
will hold further proceedings to determine whether local broadcasting is
genuinely threatened by the cable industry. In the decision, the Court
appears to place cable television in the middle of a First Amendment continuum
in which broadcasters receive the least protection from government while
newspapers are the most protected.
Cable television subscribers will likely see no change in their
programming line -ups for the next 12 to 18 months while the special federal
court rules on the matter. Ultimately, however, local broadcasters may be in
jeopardy of losing their right to demand that their programming be cablecast
over cable systems. Given the present cable television penetration rate
throughout the country (approximately 974 of all households with television
sets are currently passed by cable with approximately 634 of those households
subscribing to cable), the Supreme Court's ruling could significantly diminish
local broadcasters' chances for survival.
If you have any questions regarding the information contained within this
Cable Communications Update please do not hesitate to contact Brian Grogan at
612- 347 -0390.
The materials in this Cable Communications Uz>date have been compiled from
a variety of sources. We have not addressed many important points which nay
apply to your situation. You should consult with legal counsel before taking
any action on matters covered by this Cable Communications Update
4
CITY OF
CHANHASSEN ~ ;
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 ,
August R, 1994
Ms. Marie Wortman
440 Chan View
Chanhassen, MN 55317
Dear Ms. Wortman:
This letter is to respond to Maxine's letter of June 30th expressing concern about traffic safety
along Chan View. As promised, I have conducted a radar survey along that road, and have
recorded the highest speed on one occasion being 31 m.p.h., but during the other surveys the
highest speed was actually below the speed limit. After the City's Engineering Department had
reviewed your request, it was questioned whether tree removal, utility replacement location, and
the added expense of boulevard disturbance would be so costly and disruptive to the
neighborhood that the costs would exceed the benefits. Certainly, the City will keep your
comments in mind when the City redoes that area.
In the meantime, please encourage your Aunt to exercise the caution that any pedestrian should
when using this street, and we will continue to provide traffic enforcement in that area.
�i
Sincerely,
Scott Harr
Public Safety Director
SH:eb
cc: Don Ashworth, City Manager P
Charles Folch, City Engineer
Todd Hoffman, Park & Recreation Director
g:Nsa fetykh \w ortma n.1t 2
1
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I August 8, 1994
Mr. Ben H. Gowen
' 6440 Hazeltine Boulevard
Excelsior, MN 55331
F
Dear Mr. Gowen:
CITY OF
CHANHASSEN
690 COULTER DRIVE 9 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I have been in touch with Urban Wildlife Specialist Don Parker from the Department of Natural
Resources. I am pleased to hear that you have been working with him regarding the deer
problem on your property, and I was particularly pleased to hear that there was funding available
for you to assist with control measures.
Furthermore, I have requested that the DNR include Chanhassen on its list for deer herd counts
this winter, and with this information we will continue to examine ways to help you deal with
your problem.
gNsafeI y\sh\gow en. 10
The plan will be released in January 1995 along with
a work program for annual updates.
Help us get ready for tomorrow
If you have information, ideas or suggestions for the
plan's development or if you would like to receive a
copy of the plan, call our information center to leave
a message about your transportation plan needs. You
may call 24 hours a day 612/296 -3000 or toll free
800/657 -3774.
Or call the nearest Mn/DOT office:
Bemidji .......................218
/ 755 -3819
Brainerd ......................218
/ 828 -2471
Detroit Lakes ...................218
/ 846 -0792
Duluth .......................218
/ 723 -4820
Mankato ......................507
/ 389 -6888
Minneapolis /St. Paul .............612
/ 582 -1393
Rochester .....................507
/ 285 -7380
Willmar .......................612
/ 231 -5497
For hearing impaired, call TDD 612/296 -9930 or toll
free 800/657 -3994.
The information contained in this brochure is
available in alternative formats upon request.
C 0 N N E C T 1 0 N
Transportation connects Minnesotans to:
• Jobs.
• Education.
• Shopping.
• Health care.
• Government services.
• Recreation.
Transportation connects products and services to
markets:
• Local.
• Statewide.
• National. ,
• Tnternatinnal_,o�_ "_ tom_
Z /.� . . J1
Today's trends are changing tomorrow's transportation
needs.
By the year 2020, we anticipate:
• Minnesota's pop
increase by 680,
same as adding
all the people
who now live
in Bloomington,
Minneapolis
and St. Paul.
• Minnesota will
add another )uu,uuu loos.
• older Minnesotans will outnumber children.
• And the challenges continue...
■ Increasing demands for travel.
■ Growing emphasis on efficiency.
1 ■ Continuing concentration of
economic activities in regional centers.
Expanding international markets.
W
f
1�
M A K I N G T H E F U T U R E T R E N D S
:A
What is
transportation like
today?
T O M O R R O W' S
C H A L L E N G E S
How we respond to these challenges will determine
transportation's future in Minnesota. To create a
system that responds to these needs, Mn/DOT is
developing a new Statewide Transportation Plan. The
plan will address major forms of transportation and
the connections between them.
It will help ensure a well managed transportation
system to:
• Sustain economic development.
• Connect rural and urban areas.
• Encourage wise use of resources.
• Take advantage of the latest technologies.
• Meet the mobility and accessibility needs of
Minnesotans and businesses.
PUBLIC INVOLVEMENT
Mn/DOT will incorporate a variety of sources into the
plan, including information from:
• Mn/DOT strategic management process. More than
600 Minnesotans identified future transportation
issues last year at several statewide meetings.
• Mn/DOT modal plans, including updated statewide
comprehensive plans in transit, rail, air, bikes,
Great Lakes and river navigation and various
aspects of the state's highway system.
• State, regional, county, city and Indian
tribal government plans.
What do we want
transportation to be
like in the future?
What transportation
policies and strategies
are needed to achieve
the desired future?
And that's not all. Plan participants include:
• General public.
• Regional, county and local governments.
• Transportation- related associations.
• Federal and state agencies.
• Neighboring transportation departments.
PLAN CONTENTS
The Minnesota Statewide Transportation Plan will
consider:
• Minnesota's present transportation systems including
travel volumes, patterns and modes.
• Transportation's role in meeting state social,
economic and environmental
goals.
What resources
will be
available?
How should different
transportation activities a
fit together?
• Statewide policies and guidelines for achieving
Mn/DOT strategic directions.
• District, division and modal office strategies for
implementing the plan.
• Federal and state funding resources.
• Relationships between planning activities and
transportation partners.
TRANSPORTATION
TOMORROW
The Minnesota Statewide Transportation Plan is a work
in progress. Meetings will be held in the fall of 1994 to
solicit comments and input on the completed draft
elements of the plan.
CITY OF ee- �H -
CBANSASSEN
690 COULTER DRIVE • P.O. BOX 147 * CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
0.4a
,; A.M t .,.� 0� q C- ill
uv�r�tCSl Js �
TO; All Department Heads
FROM: Finance Department�W,) Ck
SUBJECT: 1995 Budget Preparation t/
Attached are worksheets for 1995 budget preparation. '
Additionally, we have attached:zomplete 1993 detail and the
year -to -date detail as of June 30, 1994, for your reference.
As in the past, personal service numbers will be generated by
the Finance Department based upon current staffing. if
additional staffing is being requested, provide this data in a
separate sheet indicating aalary grade /range and expected
employment date.
we are including a copy of the commentary page from the '
current budget document and would ask that you make any per-
tinent changes and return this with your'*orksheet by '
September 5, 1994. We will be proposing 'i full schedule of
budget hearings for :City "rounci l - -consideration at the
September 12th Cityunc�i maetang,
If you need additional detailed information, please contact
the Finance Department,
MEMORANDUM y AIa 7�.-
�e � Pl C wPS
DATE: August 4, 1994
Ll
1995 BUDGET PREPARATION SCHEDULE
(PROPOSED)
1. August 5, 1994
Finance Department:
Distribute budget worksheets to department heads.
2. September 5, 1994
Department Heads:
Return completed budget worksheets to finance department.
3. September 12, 1994
City Council:
Acknowledge "staff proposed" summary budget,
adopt 1995 PROPOSED LEVY,
and establish official public gearing dates.-
4. September 13 thru October 17, 1994
Finance Department /City .Manager.
Compile budget requests, prepare revenue estimates, project
staffing /personnel service needs, prepare "Budget Request
Reports" for city council work sessions.
5. October 17, 1994
City Council:
Budget work session with department heads.
Public Safety, Parks & Recreation
6. October 31, 1994
City Council:
Budget work session with department heads.
Planning, Engineering & Public Works
7. November 7, 1994
City Council:
Budget work session with department heads.
Administration, Debt & Revenue Estimates
S. November 28, 1994
City Council /Citizenry:
Public hearing - Truth in Taxation
9. December 5, 1994
City Council /Citizenrys
Public hearing - Truth in Taxation (continuation)
10. December 12, 1994
City Council /Citizenry:
Public hearing to adopt 1995 budget and establish tax levy.
11. December 14 -28 1994
Finance Department /City Managers
Produce final 1994 Budget Document, certify levies to
county auditor and Minnesota Commissioner of Revenue.
CHANHASSEN
H.R.A.
A C
C O
U N
T S P
A Y A B L E 08 -08 -94 PAGE 1
CHECK #
A M O U N T
C
L A
I M
A N T
P U R P O S E
2
- ' - - - --
4 049278 842.00 WILLIAM TOWNSEND REFUNDS /REIMBURSEMENTS
c 1 842.00 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING
d
9
10
11
I "1
1 '1
14
IS
16
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CHANHASSEN H.R.A.
A C
C O U
N T S P
A Y A
B L E
08 -08 -94
PAGE
2
' CHECK # A M O U N T C L A I M A N T P U R P O S E
z
7
4 055925 70.65 DONALD ASHWORTH TRAVEL & TRAINING
61 1 70.65 CHECKS WRITTEN
I B TOTAL OF 2 CHECKS TOTAL 912.65
9
10
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CHANHASSEN H.R.A.
A C C O U N T S P A
Y A B
L E 08 -22 -94 PAGE 1
--
CHECK 1< A
M O U N T
C L A I M A N T
P U R P O S E
2
a
056071 - -
- - 179.40
- __.__CAMPBELL,--- KNUTSON__
FEES, LEGAL
e
056072
319.57
TODD GERHARDT
PRINTING AND PUBLISHING
`__
_
AND- TRAVEL & TRAINING
AND - MILEAGE
9
056073 - - -- -
12, 59$, -05-
-- HOI -S I NGTON KOEGLER
_ GROUP
. FEES,-SERVICE ...
,o
,I
III
,2
056074
2,368.98
HOLMES & GRAVEN
FEES, SERVICE
"
,4
056075
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ROAD RUNNER
FEES, SERVICE
,c
---056076---- . -_..-
1,112-.44---
- STRGAR- ROSCOE- FAUSCH -ING
-FEES, SERVICE__. _._ __�..... -... —.
- - - --
17
056077
863.60
WILSON DEVELOPMENT
SERV
FEES, SERVICE
'
20
22
'2
24
1
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2/
2U
II f rr 29
72
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40
4,
42
4J
44
47
48
49
so
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�'•
I
I
Ms. Susan Morgan
Ms. Linda Scott
4031 Kings Road
Excelsior, MN 55331
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Re: Request for Variance for Hook Up to City Sewer and Water along Kings Road
PW 105/Project No. 94 -14
Dear Ms. Morgan & Ms. Scott:
Thank you for your letter to the City Council dated July 28, 1994 requesting a variance in hooking up to city sewer
and water along Kings Road in conjunction with the Harstad development. Your request for a variance to sanitary
sewer and water hook up may or may not be warranted depending on the sanitary sewer alignment for the Harstad
development. At this point, it is unclear whether or not sanitary sewer will be extended along Kings Road. If
sanitary sewer is extended along Kings Road then I suspect your home would be within the 150 feet of the sewer
line. At that time, your request for a variance to connect to city sewer and water would be applicable. I have
attached for your review a copy of City Ordinance 1941 which refers to the sewer and water connection
requirement. In order to receive a variance from this ordinance, there is a formal hearing process you must go
through. I have attached a copy of a development review application and variance requirements for you to consider.
At this time, your variance request from hooking up to city sewer and water is premature. When the feasibility
study for Kings Road is completed by the City, we will determine if sanitary sewer should be extended. If the City
Council orders the project with sanitary sewer along Kings Road then your request for a variance becomes
warranted. We will keep your letter on file for future reference. I also encourage you to continue following the
Harstad development along through the platting process to determine whether or not sanitary sewer will be extended
along Kings Road.
If you have any questions, please feel free to contact me.
Sincerely,
CITY OF CHANHASSEN
David C. Hempel
Assistant City Engineer
' DCH:jms
Enclosures
c: Charles Folch, City Engineer
City Council Administration Packet (8/22/94)
may-
August 13, 1994 -- �`
Scott Harr
Public Safety Director
City of Chanhassen
690 Coulter Drive '
P.O. Box 147
Chanhassen, MN 55317
Dear
I want to express my appreciation to you and to the
members of the Public Safety Commission for the handsome ,
plaque presented to me. It will be a constant reminder of
the fine people, both within your Department and on the
Commission, that I have met and the continuing effort they ,
make on behalf of the community. Again, I also appreciate
the opportunity provided to me by Mayor Chmiel and the
City Council. '
I have included a Letter to the Editor I prepared for the '
Chanhassen Villager I don't know if it will generate any
more interest in serving on the Commission but it gives me
an opportunity to express, in a public way, some thoughts '
about the experience.
Regards, '
Johnson '
encl : as
August 13, 1994
' Dean Trippler
Chanhassen Villager
' P.O. Box 99
Chanhassen, MN 55317
J
1
CI
Dear Mr. Trippler:
I would appreciate it if you would consider publishing this
letter in your Letters to the Edition Section. Please feel free
to edit as necessary for space.
During the last three years, I have had the opportunity to
serve with the Chanhassen Public Safety Commission. It's
an experience I warmly recommend, particularly if you're
interested in finding a way to contribute to the community.
For investing about two hours of your time each month,
you'll discover, among other things, that there are some
very motivated and professional individuals, both elected
officials and city employees, who devote many long hours to
the service of Chanhassen. That's good to know the next
time you're rushing back through rush —hour traffic to check
on the safety of your family when tornadoes are
threatening. You'll also discover that you have a grand
opportunity to participate in the public discussion over
issues that affect the community including fire protection
services, law enforcement activities, the animal control
program, and residential and commercial building
inspections, to name just a few. Finally, you'll discover
that one of the reasons Chanhassen works so well is the
number of people willing to volunteer their time and
contribute their energy. If any of this interests you, go
ahead and respond the next time you see notices in the
Chanhassen Villager publicizing openings on the various city
commissions.
Mr Trippler, I'm sure this is probably too long for your
purposes. In any case, thank you for your patience.
Sincerely,
4 P.0 ohnson
Box 492
Chanhassen
934 -5277