Correspondencei
Correspondence
Letter from MHS dated December 21, 2000.
Letter from Campbell Knutson dated December 19, 2000.
Letter from Campbell Knutson dated December 27, 2000.
Letter from Southwest Corridor Transportation Coalition dated December 27, 2000.
Memo from Scott Botcher, City Manager, dated January 2, 2001.
LMC 2001 City Policies dated December 11, 2000.
Letter from Minnesota Recreation and Park Association dated December 5, 2000.
Letter from Minnesota Department of Revenue Property Tax Division dated December 8, 2000.
·
Letter from Metropolitan council dated December 6, 2000.
AMM Fax news dated December 11-15, 2000.
Letter from Campbell Knutson dated December 11, 2000.
Letter from Water Tower Partners, LLC dated December 12, 2000.
Memo from Bruce DeJong dated December 19, 2000.
Letter from Metropolitan Council dated December 12, 2000.
AMM Fax News dated December 18, 2000.
Letter from Campbell Knutson dated December 18, 2000.
Letter from Hennepin County Sheriff Patrick McGowan dated December 15, 2000.
Letter from Campbell Knutson dated December 18, 2000.
Chanhassen Fire Department Fire/Rescue call sheet dated December 4 - 10, 2000.
Chanhassen Fire Department Fire/Rescue call sheet dated December 11 - 17, 2000.
Chanhassen Fire Department Fire/Rescue call sheet dated December 18 - 24, 2000.
Chanhassen Fire Departs, ent Fire/Rescue call sheet dated December 25 - 31, 2000.
Memo from MnDOT dated December 28, 2000.
Letter and attachments from School District 112 dated December 19, 2000.
Memo from University of Minnesota Extension Service dated December 27, 2000.
Letter from Campbell Knutson dated December 27, 2000.
AMM Fax News dated December 25, 2000.
Dept. of Revenue Awards TIF Grants andAdditional Pooling Authority dated December 20, 2000.
What's new @ the LeagUe of Minnesota Cities?
Memo from Lori Haak, Water Resources Coordinator, dated December 21, 2000.
LMC memo dated December 15, 2000.
Memo from School District 112 dated January 2, 2001.
Memo from Lori Haak, Water Resources Coordinator, dated January 3,2001.
Paul A. Melcflert
Luke L Helchert
David P. Hubert
Keith E. SJodin
1L Lawrence Harris
Timothy 3. Looby
Bradley W. Solhelm
.1. Hichael Helchert
Thomas W. Larldn
Kelly C. Dohrn
Scot~ H. Lucas
Douglas J. Debner
Of Co~nsel:
Mac R. WiUernssen
Firm Adrninistmto:
Hary Lee Reiner
. ,MHS
MELCHERT . HUBERT ° SJODIN
.
ATTORNEYS AT LAW
December 21, 2000
WACON[A OFF[CE
121 west Main Street, Suite 20O
Waconia, Minnesota 55387
Telephone (952) 442-7700
Facsimile (952) 442-6166
CHASKA OFFICE
112 Second Street West
P.O. Box 67
Chaska, Minnesota 55318
Telephone (952) 442-7700
Facsimile (952) 448-6282
WEB PAGE
www.mhslaw,com
Reply to:
Chaska Office
City of Chanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
Atto: Scott Botcher
R: Paws, Claws and Hooves ("PCH")
Dear Mr. Botcher:
Several of the neighbors of Paxvs, Claws and Hooves Kennel have requested that I
contact the City of Chanhassen in the hopes that I could be of assistance in getting the City of
Chanhassen involved in resolving this matter as soon as possible.
As I am sure you are aware froTM the letters and the phone calls you have already
received, the neighbors of PCH have been subjected to incessant barking of dogs for hours
on end and especially on holiday weekends; and that this has been an ongoing problem. This
is certainly something the citizens of Chanhassen should not have to endure.
The manner in which PCH conducts its business clearly is in violation of their
.
_ lx..,nt....o~a S*atutes, SeCtion 609.74
conditional use permit, violates the nuisance statutes of '{: '~o * ~
and Section 609.745, and must violate numerous other ordinances of the City of Chanhassen.
I realize that enforcing the provisions of a conditional use permit or bringing criminal
complaints for violations of the City code or State statutes is not one of the more pleasant
jobs of a City Manager or a City Attorney, but the situation regarding PCH is intolerable and
the neighboring citizens of Chanhassen can only look to you for recourse. On behalf of the
neighbors of PCH, I would respectfully request that you immediately instruct the City
Attorney's office to commence whatever action is necessary to either revoke the conditional
use permit of PCH and cite them for any and all violations of.City-codes or Minnesota
Statutes to abate this nuisance or, at a minimum, compel compliance with the conditional use
permit.
City of Chanhassen
December 21, 2000
Page 2
The neighbors of PCH have done everything the City has requested; i.e., making notes
of dates, times and places of dogs barking, calling.911 so that the County Sheriff's
Department has "eye witness" and first hand knowledge of the violations of City codes and
the conditional use permit. I am sure many of them would be willing to testify at any
hearings.
It should be noted that it has been well over a year since the City was made aware, in
writing, of this ongoing problem and still the violations continue. The neighbors of PCH are
entitled to look to their local government to enforce its ordinances and compel compliance
with the City's regulations.
If there is ans~hing further you require, please let me know at your earliest possible
convenience.
Very tl'U l~r"~l~S,
~/~uke Me,chert
LM/lle
cc Roger Knutson
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
JoelJ. Jamnik
CAMPBELL KNUTSOF
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
·
December 19, 2000
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foil
Marguerite M. McCarron
Gina M. Brandt
*A/so licensed in lWisconsin
Mr. Todd Gerhardt
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Minnesota 55317
CITY OF Chml~n~oo~,,
Re'-
Mark Halla and Don Halla, d/b/a Halla Nursery, Inc.
vs. City of Chanhassen, et al.
Dear Todd:
Enclosed is a copy of an Order filed December 12, 2000 in the above matter by Carver
County District Court Judge Jean Davies.
This matter involves the issue of the Highway 101 right-of-Way that was obtained from
Mr. Halla when his plat was approved in 1991. As you know, Mr. Halla has vacated the plat,
except for ten lots located north of the nursery and west of Highway 101.
Attorney Rod Krass represents Mark and Don Halla in this matter. He is arguing that
the City should be required to vacate or convey back to Don Halla the_Highway 101 easement
in conjunction with the plat vacation. Both Mr. Krass and I agreed that there was no need for
a trial and that the judge could decide the matter by summary judgment based upon our oral
and written submissions. Judge Davies disagreed. In the enclosed Order, she said that the
matter should be set for trial. As I understand her memorandum, she believes there may be a
fact issue over whether or not the Highway 101 easement is useless for any potential public
purpose. Mr. Halla's attorney did not even make this argument.
I just received notice from the District Court that the court trial in this matter has been
scheduled for May 21, 2001.
Suite 317 · Eagan6iale Office Center · 1380 Corporate Center Curve ° Eagan, MN 55121
Mr. Todd Gerhardt
December 19, 2000
Page 2
After you have reviewed this matter, please call me to discuss it further.
Best regards,
Campbell Knutson
Profexsional Association
By: ~ ~
Thdmas M. Scott
TMS:cjh
Enclosure
CC:
Mr. Scott Botcher
Ms. Teresa Burgess
STATE OF MINNESOTA
COUNTY OF CARVER
Filet
DEC 1 000
CARVER COUNIY COURTS
Mark ~qalla and Don Halla,
D/b/a }{alla Nursery, Inc.,
Plaintiffs,
The City of Chanhassen, its
Mayor, as well as other citizens
or property owners affected,
Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRI~
Court File No. C8-00-1010
ORDER
The above-entitled matter came on before the Honorable Jean A. Davies
on Wednesday, November 29, 2000, at the 'Carver County Courthouse, City-cf
Chaska, State of Minnesota.
Plaintiffs were represented by Phillip R. Krass, Esq. Defendants were
represented by Thomas M. Scott, Esq.
Both parties brought separate motions for summary judgment pursuant'to
Rule 56.03 of the Minnesota Rules of Civil Procedure, requesting that this
Court rule entirely in their favor. No additional submissions were received
in this matter. No oral argument was presented on the record in this matter
either.
Now, therefore,- based upon the evidence submitted by the parties, the
arguments of counsel, and the file and proceedings herein,
IT IS }{EREBY ORDERED:
1)
Plaintiff~' request for summary_judgment is denied.
·
2) Defendants' request for summary judgment is denied.
3) Ail other unresolved issues shall be addressed on the date of pre-
trial or trial.
4) This matter shall be set for trial, date certain, through Carver
County Court Administration.
5) The Court would stronqly encourage the parties to submit this
ma~ter to alternative dispute resolution.
6) The attached memorandum is incorporated by reference and contains
the Courts Findings and Conclusi6ns.
Dat~ed: December //' 2000
BY THE COURT:
luel fD~Y'2~ict Court
MEMO~~
FACTUAL BACKGROUND:
In 1987, the City of Chanhassen City Council gave preliminary plat
approval to Plaintiffs' proposed 37 lot residential subdivision to be known
as Great Plains Golf Estates. In 1989, the City Council approved the final
plat for Great Plains Golf Estates. The official plat .was recorded in 1991
.
with the Carver'County Recorder. The recorded'subdivision consisted of 3
new residential lots, leaving the balance of the property platted into
three large outlots.
.
As a condition of plat approval, Plaintiffs were' required to convey to
the City an easement for roadway purposes for the future upgrading of
.H~.~way 101. Plaintiff Donald Halla asked the City Council if they would
require the Hwy. 101 easement abutting the outlots only if he eventually
platted the outlots into the remaining lots. The City Council denied this
request. Plaintiffs executed the Hwy. 101 easement on November 21, 1990,
which was delivered to the City and recorded in 1991.
On-October 23, .199.51, the city Council approved-the--final-plat-Of'Halla
Great Plains Addition which subdivided -Outlot A and Outlot B of the
original Great Plains Golf Estates. On April 17, 1996, the Halla Great
Plains Addition official plat was recorded with the Carver County Recorder.
This was a 35 lot plat consisting of 18 lots west of Hwy. 101 and 17 lots
east of Hwy. 101.
The approval of'the Halla Great Plains Addition was conditioned upon
Plaintiffs constructing public streets and sewer improvements to service
,
·
3
the residential lots. Plaintiffs installed the streets and sewers for onl~
9 or 10 of the 35 lots. Plaintiffs petitioned this Court on July 8, 2000
to vacate certain portions of the plat of Halla Great Plains Addition ant
the Great Plains Golf Estates pursuant to Minn. Stat. ~ 505.14. The Court
granted that petition by Order dated July 8, 2000.
Plaintiffs request that this Court summarily require the Defendants ir
this matter to transfer back and release to Plaintiffs certain easements
which lie within those portions of the plats vacated, by Plaintiffs in the
July 8 Order. The easements atlissue are the November 21, 1990, easement.,
a Decemebr 9, 1994, permanent easement, and a March 12, 1996, permanent
easement.
Plaintiffs maintain that it is important to note that none of the
easements were incorporated into any of the plats, and stand alone 'as
separate instruments. Plaintiffs assert that the City basically coerced
them into granting them the easements independent of the plats, and that!
under basic equitable principles Plaintiffs should be placed in the
position they were in before November 21, 1990.
Defendants request that this Court Summarily dismiss that portion of
the Complaint which requests that the easement's at issue be transferred
back and released to Plaintiffs. Defendants contend that this.is clearly a
strict case of statutory mandate, and that Plaintiffs have absolutely no
·
claim to the easements 'at issue. Defendants position is that because the
easements were never made a part of the plats themselves, they have no
applica~.ility to the vacation of plat statute found in Minn. Stat. §
505.14.
LEGAL A/IGUMENT:
Both parties' motions for summary judgment must be denied in this
matter. Summary judgment, pursuant to Minn. R. Civ. Pro. 56.03, is
appropriate only when there is no genuine ~ssue of material fact in dispute,
and where a determination of the applicable law will resolve the
controversy. GasDord v. Washinqton County Planning Commission, 252 N.W. 2d
590 (1977). A party requesting summary judgment will carry its.burden by
showing there is no evidence to support the non-movant~s case. Celotex
Corporation v. Mytle Nell' Catre~t, 106 S.Ct. 2548 (198.6).. Summary judgment
should.be employed only'where it is perfectly clear that no issue of fact is
involved and that it is not desirable nor necessary to' inquire in~o facts
which.might clarify application of law. Donnay v. Bouiware, 144 N.W. 2d 711
(1966)
The purpose of summary judgment is not to resolve issues of fact, but
to determine if they exist. Brenner v. Nordby, 306 N.W.2d 126, 127 (Minn.
1981). Ail doubts and inferences must be resolved against the moving party.
Nord v. Herreid, 305 N.W.2d 337, 339 (Minn. 1981). Summary judgment' should
not be granted if reasonable persons might .reach different conclusions after
reviewing the evidence. Jonathan v. Kraal, 403 N.W.2d 256, 259 (Minn.App.
o
1987), rev. denied (Minn. May 20, 1987); Anderson v.-Twin City Rapid Transit
.Co.., 84 lq.W.2d 593, 605 (1957).
Summary judgment has been called "an extraordinary remedy - a blunt
instrument to be-used only-where it is clearly applicable." Katzner v.
Kelleher Construction, 535 N.W.2d 825, 828 (Minn.App. 1995) aff'd 545
lq.W.2d 378 (Minn. 1996). Questions of negligence and proximate cause are
generally factual matters for a jury to decide. Block v. Tarqet Stores,
Inc., 458 N.W.2d 705 (Minn.App. 1990) (citing Schrader v. Kriese!, 2321
Minn. 238, 241, 45 N.W.2d 395, 397 (1950)).
The duty of a trial court in determining whether to grant summary
judgment hns been clearly summarized by the Minnesota Supreme Court as
follows:
A motion for summary judgment may be granted pursuan.t
to Rule 56.03 only if, after taking the view of the
evidence most favorable to the nonmoving party, the
movant has clearly sustained his burden of showing that
there is no genuine issue as to any material fact and
that he is entitled to judgement as a matter of law.
It is essential to bear in mind that the moving party
'has the burden of proof and that the nonmoving party
has the benefit of the view of the evidence which is
the most favorable to him.
Kemp ¥. Allis-Chalmers CorD., 390 N.W.2d 848, 850 (Minn.App. 1985) (qfuoting
Sauter v. Sauter, 244 Minn. 482, 484-85, 70 N.W-2d 351, 353 (1955))
(emphasis in original). Usually, in addition to the nonmoving party having
the benefit of the view of the evidence which is most favorable to him, all
the evidence of the nonmoving party is~to be believed and all justifiable
inferences are to be drawn in a light most favorable to the nonmoving
party. ADp!etree Square 1 LTD. v. W.R. Grace & Co., 815 F.Supp. 1266, 1270
(D.Minn. 1993). However, because both parties are bringing separate
summary judgment motions in this matter, the Court is unable to take such a
position. Ail evidence and facts not agreed to are at issue in a case such
as this.
A material fact issue has been described as one which, depending on
its re~olution, will affect the result or outcome of the case.
Northwestern National~ Casualty Co. v. Khosa, Inc., 520 N~W.2d 771, 773
,
6
(Minn. App. 1994). "Any doubt as to the existence of a genuine issue of
material fact must be resolved in favor of finding that a fact issue
exists." Steinhilber v. Prairie Pine Mutual Insurance Co., 533 N.W.2d 92,
93 (Minn. App. 1995). If, after reviewing the evidence, the trial court
determines that reasonable persons might reach different conclusions, then
summary judgment should not be granted.
Bennett, 533 N.W.2d 867, 871 (Minn. App. 1995).
Northland Insurance Co. v.
In this case there are genuine issues of material fact which preclude-
the granting of summary judgment.. Much of the argument in this case
centers around the terms contained in Minn. Stat. § 505.14. As mentioned,
supra, Plaintiffs contend that had the easements been made a part of the
platting process rather than being separate, stand-alone instrumen5s, the
e~ements themselves would have been vacated as a part of the Court's July
8, 2000, order. Minn. Stat. § 505.14 states that upon vacating a plat, the
court may grant title in all streets and public areas to the persons
entitled thereto. Section 504.14 additionally contains the following
important language:
But streets or alleys connecting separate plats or
lying between blocks or lots or providing access for
the public to any public water, shall not be vacated
between such lots, blocks or plats as are not also
vacated, unless it appears that the street or alley or
part thereof sought to be vacated is useless for the
purpose for which it was laid out.
Minn. Stat. § 505.14 (emphasis added).
The interpretation and facts surrounding this language are crucial to
Plaintiffs' case in this matter. Plaintiffs main contention is that they
.
should be placed in the position they were in before they platted their
·
7
land because the vacation of those very plats would place them in such a
position. They maintain they were, for all practical purposes, forced into
granting the easements' in this matter to the City, and forced to do so in
documents separate and distinct from th'e plats. It is basically an~
'equitable argument.
In fact, ~he Court is pursuaded by the City's general assertion, that
because the easements were conveyed by separate documents rather than
dedicated on the plats, section 505.14 doesn't even apply. That section
deals specifically with the vacation of plats and streets dedicated to the
public by the plat. Here, the Hwy~. 101 easement was conveyed to the City
by separatedo'cument.
However~ if Plaintiffs can show that ' the' easements should be
considered as a part of the platted land as they so contend - that for all
intents and purposes the easements may not be separated from the platted
land - then the tenor of section 505.14 is important in making any sort of
equitable determination. To that end, there is a basic and crucial
difference of opinion regarding the "uselessness~ of the easements in
question as they relate to the Purpose for which they were obtained.
To reiterate, under section 505.14, upon vacating a plat, the court
may grant title in all streets and public areas to the persons entitled
thereto. This is tempered by the requirement that "streets or alleys
connecting separate plats or lying.between blocks or lots or providing
access for the public to any public water, shall not be vacated between
such lots, blocks or plats as are not also vacated, unless it appears that
the street or alley or part thereof sought to be vacated is useless for the
purpose for which it was laid out."
Plaintiffs assert that this means that the easement must be shown t0
be an integral part of the actual filed plat, and that the easements in
this matter are clearly not. Defendants counter with the argument that tke
easements were obtained mainly for the 'future upgrading of Hwy. 1'01, ami
that the easements unquestionably remain useful for the purposes they were
so inntended.
This dispute is not one appropriate for summary judgment, and may yeti
well necessitate testimony subject to cross-examination. The Court will
need additional testimony concerning the exact equities and assertions cf
possible wrongdoing in this matter. Plaintiffs' general equitable argument
i~cludes assertions of wrongdoing on the part of the City which have nc5
been addressed by the City. Further, the Court has nothing more than
assertions and opinions from the parties .that the easements are either
useless or useful. Finally, there ~is certain release language contained ~-
the Hwy. 101 Easement Agreement that is the subject of some ambiguity in
its interpretation.- It may be necessary to ilti¢it t-estimony subject to
~cross-examination on this issue as well.
The Court would strongly encourage-the parties to submit this matter
to some form of alternative dispute resolution. However, the Court will
not order the parties into ADR at this time, because the Court feels it is
important that the parties come to a mutual understanding before' such a
step is taken. This case would appear appropriate for settlement', however,
given the fact that there is a land use here which may be compensable to
either or both of the parties.
J.A.D.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Mr. Todd Hoffman
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Mirmesom 55317
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
December 27, 2000
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Gina M. Brandt
City of Chanhassen vs. Fox Properties Limited Partnership, et al.
Court File No. C8-99-1713
Dear Todd:
For your information, I have just received a revised Scheduling Order from the Court
rescheduling the trial in the above matter from April 23, 2001 to a jury trial commencing
August 14, 2001.
Please cai1 if you have any questions.
Best regards,
Campbell Knutson
Professional As_~soeiati° n
By:
T.~omas M. Scott'-'~
TMS:cjh
CC:
Ms. Kate Aanenson
Mr. Bob Generous
Mr. Scott Botcher
!
Suite 317 ' Eagand~le Office Center · 1380 Corporate Ce'nterCurve · Eagan, MN 55121
SWCTC
SOUTHWEST CORRIDOR TRANSPORTATION COALITION
December 27, 2000
Mr. Tod Sherman
Minnesota Department of Transportation
Metro Division
Waters's Edge Building
1500 West County Road B2
Roseville, MN 55113
DEO 3 9 2000
Dear Mr. Sherman:
RE: Comments on Draft Transportation System Plan
I am writing on behalf of the Southwest Corridor Transportation Coalition with
comments related to the completion of the new'alignment of TH 212 and improvements in
Carver and McLeod counties.
The Coalition is very concerned about the lack of specificity regarding the completion of
the new alignment of TH 212 through the cities o£Eden Prairie, Chanhassen and Chaska to
Carver County Road 147. The Coalition is encouraged to note that a Corridor Management Plan
is being developed for the ex/sting alignment west of County Road 147 as an Interregional
Corridor project.
The Coalition understands that MnDOT has made a commitment to the purchase of the
remaining right-of-way east of Carver County Road 147 not currently in public ownership by
June 30, 2001. This would presumably clear the way for construction west of Hermepin County
Road 4 to begin as early as the fall of 2001. Given that understanding, we would assume that
none of the $145 million noted for development of this project in the Transportation System Plan
(TSP) after 2010 would be required for fight-of-way acquisition.
The Coalition is encouraged that this corridor is listed as a High Priority Interregional
Corridor and looks forward to working with MnDOT to seek additional state funding to
accelerate the construction of this project and allow completion of the project to Carver County
147 prior to 2005. The Coalition understands the concept of a fiscally constrained construction
program and appreciates the fact that this project has been moved from the post-2020 period in
the current TSP. The continued delays in the construction of this project has seriously
compromised the ability of the cities and counties in the travel shed of the new aligmnent to
maintain traffic mobility during a period of accelerated economic and population growth.
Comprehensive plans for these communities have included the completion of this project in the
development plans for more than a decade and, as a result, they have lost the opportunity to
provide alternative traffic capacity on local systems. The Coalition would therefore request that
the construction of the new TH 212 alignment be included in the TSP for the period 2005-2010
with a provision giving this project a high priority for accelerating into the 2001-2004 period
should additional Interregional Corridor funds be appropriated by the legislature.
Robert J. Lindall, President
Mr. Tod Sherman, Mn/DOT
December 27, 2000
Page Two
Lastly, the Coalition is concerned that the issue of the costs associated with the turnback
of the current TH 212 to local governments has not been clearly addressed in the TSP. The
Coalition would like to see the schedule for a turnback agreement included in the TSP and
estimated costs to successfully complete the tumback prior to construction of the new TH 212
alignment.
The Coalition appreciates the opportunity to comment on the Draft Transportation
System Plan and looks forward to the opportunity to discuss these issues with you in the near
future.
Sincerely,
Robert J. Lindall
President
Cci
Representative Carol Molnau
Representative Tom Workman
Representative Erik Paulsen
Senator Roy Terwilliger
Senator Edward Oliver
Senator Claire Robling
Honorable Randy Johnson, Chair-Hermepin County Board of Commissioners
Honorable Tracy Swanson, Carver County Commissioner
Honorable Linda Jansen, Mayor-elect, City of Chanhassen
Honorable Robert Roepke, Mayor, City of Chaska
Honorable Jean Harris, Mayor, City of Eden Prairie
Scott Botcher, City Manager, City of Chanhassen
Dave Pokorney, City Administrator, City of Chaska
Gene Dietz, Director of Public Works, City of Eden Prairie
James Grube, Director, Transportation Department, Hennepin County
Judy Larson, c/o Conm'fissioner Johnson's office
Roger Gustafson, Carver County Engineer
Fred Corrigan
Todd Vlatkovich
CITYOF
690 City Center Drive. PO Bo.,: !47
Ch, M~asse,, Mimmota 55317
?hone 612.937. i900
Genoal E~' 612.93Z5739
&~gi, eering F~r 612.93Z 9152
Public S,)ty F~' 612 93(2524
¥}b www. d. chanhasse,.mn.m
MEMORANDUM
TO:
FROM:
Scott A. Botcher, City Manager
Robert Generous, Senior Planner
DATE: January 2, 2001
SUB J:
Administrative Site Plan Review - Bluff Creek Elementary
PROPOSAL SUMMARY
School District 112 is proposing an expansion to the Bluff Creek Elementary School
cafeteria. This expansion encompasses approximately 500 square feet which represents
0.5 percent of the existing floor area.
In addition, School District 112 is proposing remodeling at Chanhassen Elementary
School. This remodeling is within the existing footprint of the building. Area 1
remodeling reconfigures school administrative functions. Area 2 remodeling removes a
locker room and creates a bathroom and storage area. Area 3 remodeling divides a
narrow room into a bathroom and storage room fox' the art room.
BACKGROUND
On April 12, 1993, tile Chanhassen City Council.approved the purchase of the 42 acres
for the elementary school site and recreation and open space land.
On January 5, t 994, tile Planning Commission recommended site plan, rezoning, and
preliminary plat approval for the proposed school site.
On January 24, 1994, the Chanhassen City Council approved the preliminary plat,
wetland alteration permit and rezoning for Bluff Creek Elementary School and
Chanhassen Recreation Center.
On February 7, 1994, the Chanhassen City Council approved the site plan for the school.
The school is approximately 81,000 square feet.
On March 22, I994, The Chanhassen City Council awarded the bid for the site grading.
On April 11, 1994, the Chanhassen City Council approved the purchase agreement, joint
powers agreement and lease agreement between tile City of Chanhassen and Independent
School District 1 I2.
Scott Botcher
Administrative Site Plan Review
Bluff Creek Elementary School
Page 2
On April 12, 1994, the school district closed on the purchase of the westerly 20 acres of
the site. Since both resulting properties were 20 acres or larger, the conveyance of the
property did not require subdivision approval.
On June 29, 1994, the City of Chanhassen issued a foundation permit for BluffCreek
Elementary School and Chanhassen Recreation Center. On October 12, 1994, the City of
Chanhassen issued a shell permit. On December 13, 1994, the City of Chanhassen
issued a finish permit for Bluff Creek Elementary School and Chanhassen Recreation
Center.
On February 15, 1995, the Planning Commission held a public hearing and voted
unanimously to recommend approval of the Bluff Creek Addition subdivision.
On March 13, 1995, the item was scheduled for Chanhassen City Council approval for
the Final Plat for Bluff Creek Addition creating two lots, two outlots, and right-of-way
for Coulter Boulevard, Galpin Boulevard, and Highxvay 5. However, staffwas unable to
find minutes'of the proceeding.
On June 26, 2000, the City Council approved the final plat creating txvo lots, t~vo outlots,
and right-of-way for Coulter Boulevard, Galpin BoUlevard, and Highway 5.
DISCUSSION
City Code, Section 20-113, Administrative approvals, states that minor site plan and
building alterations which do not involve a variance, which are consistent with the intent
of the approval relative to all aspects of the site and building plans and which are not
accompanied by other matters requiring consideration by the planning commission or
city council, may be approved by the director of planning. The director is not authorized
to approve the principle construction of new buildings or alterations to existing buildings
that would add more than ten (10) percent to the existing gross floor area.
The proposed building is not more than ten percent of the area approved as part of the
site plan. All other aspects of the site plan shall be developed in substantial conformanCe
to the site plan that had been approved for the site.
Unless there are objections to the administrative approval of the site plan and
remodeling, staff will process the building permit for the cafeteria expansion and school
remodeling.
Attachments
1. Bluff Creek Elementary Cafeteria Expansion
2. Chanhassen Elementary Remodel
gSplan J~g~adrnin site plan Bluff Creek Elementary.doe
_I_:I~HS 31111
:X3GNI 133H5
lV31UI3313
"P, Nfl ~a]lnoD 00~
NOISNVdX] VI~313JVD
A~IYZN31/~I1] )133BD ddfll8
:XaCINI 133HS
1VDINVHD3W
uoJd ~lu~o..~J doo2d
:Xa(]NI 113HS
1V~tNIDNBIS
:XaCINI J_]:l H S
IV)tNID311HD~tV
NOISNVdX3
000Z: 'Z::L ~I3EIW3D3CI :CI3flSSI
9Z:'g60L-90'00
~LL 'CI'S'I
(Fig SIHZ NI CI3CIFI-IDNI OS'IV L# '1'1¥ ')tNI-I ~OO'lJ CI~ilHZ ZLL 1DI~llSlCI
CINV laCIOW3~I X~lVlNaW]l:l N3SSVHNVHD)
VI~I313JVD A~IVZN3W313 )133~1D JJNI~
'.,
_ . ~.LON 'IV~:JNtD..NV"Id
Id/'IIG'v'NJ4A9 '
NV~d
N ' II 3<Ual. ~10~ ~)NIIY~! 3ALLSIS3~!
~ ,~DHICTII~I~I ~IYIg.¥JXD~]~I'¢NIH Lbld
:NOLLg:II O~ld 3~L4
:JJ-igFIH 1YI'I. IDV
:J. HgBH :]'II~/'MOTIY
:A3NYdf~::)O gNLISIX]
NOLLV'~O:INI gNICi111'18 1V~I]N:IO
Z!.£c;5 'NW 'uassequetD
'P'q8 JaqnoD 00~
NOISNVdX3 VI~F:i I :I-IVD
A~I¥1N]V~I] )EFIHD ~Fll8
SJ. NHWnDOa NOIJ. Dn~I.LSNOD
l
I
I
_l_a] HS 31111
:X]GN!/]3HS
1V31~!/3:11]
:XaC]NI/33HS
1VDINVHDaW
:X3ONI I:t~H$ :XqONI
-IV~INIDN~IIS 1V~iNID:IIIH3~IV
~ ~ No,J.~O', O00Z 'ZL .~I]I]W:iZ)]O :Cl_:lrlSSI
~ ~_~ CZ:-g60L-90-00
ILL O'S'I
.~ ~' (lIS SIHI NI O3OrllDNi OS1V L# 'I1V')iNI1 xdO01:l o~IIHJ. Z:LL .LDI~ISIC]
'~,. ': ~z~~~,~ ~".~ 13GOW3~I A~IVIN~IW~I]3 N~ISSVHNVHD'
1~3SSVHNV!I3 :~0
N
N ~
N ~ ~
N · II 3d~l& 110~ DNnv'd 3ALLSlG1t
:OV'O1
· 'V:J liV DNLLSIX3
UJ-I~blH l~fI.L~¥
N = II gd, U,
,.
I-I
_
NOLLVI/VIIO~NI DNIClIlCI8 'IV'd3NtD
NVld A]NI:ICIOD
I
IN:iWI'iDOQ NOI_I..DCI}ilSNOD
5'~ON NOIIIIOW~O ~)l
~'J~I.ON NOLLFIOW:JO 1V~EIN]D
:)ZiOV ~ '*
'~'l ' '~ I~[ l196'Zl£~ 'Mia/'U~SSe4UeLI~ ~
' NV-Id NOllI1OWI(] l~OOW~ A~ws~wl~ mSSVH~VN) :,.,
--
IN:IWflDOCI NOIlDfl~ISNOD
glON NOLLIIOVY~O
_ -
S'4_I.ON NOLLI1OW3O 1V~]N]D
.o-,I: .g/I
~ V:::t~tV NVqc:::t NOIIIqOIN:::::tCI~
.0-,I: .g/I
~ 'V:q~lV NV-let NOIII"IOIN:ICR,.L./
0003 G ~: OEO
League of Minnesota Cities
Cities promoting excellence
145 l'niversity Avenue West, St. Paul, MN 55103-2044
Phone: (651) 281-1200 o (800) 925-1122
TDD (651) 281-1290
I~xlC Fax: (651) 281-1299 ° UxlCIT Fax: (651) 281-1298
Web Site: http://www.lmnc.org
December 11, 2000
TO:
FROM:
City Administrator/Manager/Clerk
Gary Carlson
Director, Intergovernmental Relations
2001 City Policies
Enclosed is a copy of the final 2001 League of Minnesota Cities legislative policies as amended
and approved by the membership at the November Policy Adoption Conference. I would like to
personally thank each city official who dedicated a significant amount of their summer and fall
schedules to the League's policy development process. Their input was instrumental in shaping
and directing the League's legislative agenda.
The League's IGR staff will begin the process of drafting these policies into legislation for the
upcoming session. However, simply drafting and introducing legislation will not guarantee that
our concerns will be addressed. During the session, we may call upon you to testify or contact
your legislators on issues of concern to cities. Although your League Intergovernmental
Relations staff will work hard to represent city interests during the session, our ~eatest strength
is you and your continued involvement.
If you have any questions, comments, or need assistance on these issues,' please feel free to
contact any member of the League's Intergovernmental Relations Department.
GNC:mjd
Enc.
L:mdiedric/policies/cities 2001 policy mailing
DEO i g 2000
CI'I I' Ur' ~,r~m^~xs~N
CONTENTS
iv
League Staff ........................................................................................................................
Legislative Policy Committee Members .............................................................................. v
Policy Development Process .................................................. ~ ........................................... vii
General Policy Statement ..................................................................................................... viii
Building Quality Communities Guideline ................................................... ix
2001 CITY POLICIES
Improving Fiscal Futures .................................................................................... 1
FF-2.
FF-3.
FF-4.
FF-5.
FF-6.
FF-7.
FF-8.
FF-9.
FF-10.
FF-11.
FF-12.
FF-13.
FF-14.
FF-16.
State-Local Fiscal Relations .................................................................................. 1
State Shared Revenues ......................................................................................... 2
Taxation of Municipal Bond Interest ................................................................... 2
City Fiscal Year .................................................................................................... 2
Sales Tax on Local Government Purchases ......................................................... 2
Payments for Services to Tax-Exempt Property .................................................. 3
Truth-in-Taxation Process .................................................................................... 3
State Administrative Deductions from State Aid ................................................. 3
Reporting Requirements ........................................................................................ 3
Federal Budget Cutbacks ....................................................................................... 3
Price of Government ............................................................................................. 4
Capital Improvement Fees ..................................................................................... 4
Deferred Assessments for Roads .......................................................................... 4
Taxation of Electronic Commerce ....................................................................... 5
Limited Market Value ........................................................................................... 5
State Charges for Administrative Services ........................................................... 5
Improving Local Economies ........................................................................ 6
LE-1.
LE-2.
LE-3.
LE-4.
LE-5.
LE~6.
LE-7.
LE-8.
LE-9.
LE-10.
LE-11.
LE-12.
LE-13.
2001 City Policies
Tax Incement Financing ....................................................................................... 6
TIF Reform ........................................................................................................... 6
Impact of Property Tax Reform on Existing T[F Districts ................................... 7
Business Subsidies ............................................................................................... 7
Economic Development Programs ....................................................................... 7
Redevelopment Programs ..................................................................................... 8
Property Tax Abatement Authority ....................................................................... 8
Brownfields .......................................................................................................... 8
OSA Response Timelines ...................................................................................... 9
OSA Time Limitations .......................................................................................... 10
Growth Management and Annexation ................................................................. 10
Electric Service Extension .................................................................................... 11
State and/or County Licensed Residential Facilities ............................................. 11
LE-14.
LE-15.
LE-16.
LE-17.
LE-18.
LE-19.
LE-20.
!.E-21.
LE-22.
LE-23.
LE-24.
LE-26.
LE-27.
Housing and Economic Viability ............................................ : ............................. 12
Preservation of Federally-Assisted Low-Income Housing .................................... 12
Adequate Funding for Transportation ................................................................... 13
State Aid for Urban Road Systems ........................................................................ 13
Turnbacks of County and State Roads ................... : .............................................. 13
Road Funding for Cities Under 5,000 ................... i ............................................... 14
Railroad-Related Projects ..................................................................................... 14
Right of Way Management .................................................................................. 14
Workforce Readiness ............................................................................................ 15
Platting Law Recodification .................................................................................. 15
Economic Development Authorities ..................................................................... 15
Infrastructure Funding Options ............................................................................. 16
Statutory Approval Timelines ............................................................................... 16
Telecommunications Restructuring ....................................................................... 17
Improving Service Delivery ........................................................................... 17
SD-1.
SD-2.
SD-3.
SD-4.
SD-5.
SD-6.
SD-7.
SD-8.
SD-9.
SD-10.
SD-Il.
SD-12.
SD-13.
SD-14.
SD-15.
SD-16.
SD-17.
SD-18.
SD-19.
SD-20.
SD-21.
SD-22.
SD-23.
SD-24.
SD-25.
SD-26.
SD-27.
SD-28.
Redesigning and Reinventing Government .......................................................... 17
Unfunded Mandates ............................................................................................. 18
Civil Liability of Local Governments ........................................................ : ......... 18
Environmental Protection ..................................................................................... 19
Election Issues ...................................................................................................... 20
Local Election Authority ................... ._ ................................................................... 20
Election Judge Appointment ................................................................................. 20
Election Judge Compensation ........................................ : ...................................... 20
Counting Write-in Votes ....................................................................................... 21
City Costs for Enforcing State and Local Laws ................................................... 21
Design-Build ......................................................................................................... 21
Providing Information to Citizens ......................................................................... 22
Creating a Minnesota GIS Program ..................................................................... 22
State Regulation of Massage Therapists ............................................................... 22
Private Property Rights and Takings ..................................................................... 23
Construction Codes ............................................................................................... 23
Fees for Service .................................................................................................... 24
State Appropriation for Government Training Service '. ....................................... 25
Public Safety Spectrum Needs .............................................................................. 25
Joint and Several Liability Reform ...................................................................... 26
Competitive Bid Threshold .................................................................................. 26
Membership in Watershed Management Organizations ....................................... 26
Legalization of Fireworks ..................................................................................... 26
911 Funding ................................................................................. -. ......................... 27
On-Sale Liquor and Wine Licenses to Performing Theaters and
Cultural Centers ..................................................................................................... 27
City Use of Credit Cards ....................................................................................... 27
Youth Access to Alcohol and Tobacco ................................................................. 27
Library Funding ..................................................................................................... 27
League of Minnesota Cities
·
Human Resources & Data Practices ............................................................
J~[ttma/l Re$o~trce$
HR-2.
HR-3.
HR-4.
HR-5.
HR-6.
HR-7.
HR-8.
HR-10.
HR-11.
HR-12.
HR-13.
HR-14.
HR-15.
Veterans' Preference ..............................................................................................
Discipline and Discharge ........................................ , ..............................................
Compensation Limits ·
Public Employees Labor Relations Act (PELRA) ................................................
Re-employment Benefits .......................................................................................
Essential Employees ..............................................................................................
Pensions .................................................................................................................
Public Employees Retirement Association (PERA) Coordinated Plan
Funding Deficiency ...............................................................................................
Age Certificates/I-9 Forms ....................................................................................
Employer Reference Immunity .............................................................................
State Paid Police and Fire Medical Insurance .......................................................
Breathalyzers .........................................................................................................
Preservation of Local Decision-Making Authority on Employment
Related Issues ........................................................................................................
Drug and Alcohol Rehabilitation ..........................................................................
Health Care Insurance Programs ...........................................................................
Data Practices
DP-1.
DP-2.
DP-3.
DP-4.
DP-5.
Public Access to Information ................................................................................
State Model Policies and Training ........................................................................
Tennessen Warning ...............................................................................................
Violations of Government Data Practices Act ......................................................
GDPA Compliance for Contracting ......................................................................
Federal EmpIoy~nent Law
FED-1. FLSA/Overtime Compensation .............................................................................
FED-2. Peace Officer Bill of Rights ..................................................................................
FED-3. Portability of Deferred Compensation ..................................................................
FED-4. Medicare/Medicaid Premium Disbursements .......................................................
28
28'
28
29
29
29
29
29
29
30
3O
3O
31
31
31
31
31
31
31
32'
32
32
32
32
32
Electric Restructuring ................................................................................................
Adequate Supply and Demand .............................................................................................
Consumer Protection ............................................................................................................
Environmental Concerns ......................................................................................................
Fair Market Competition ......................................................................................................
Local Authority ....................................................................................................................
Stranded Cost Recovery ......................................................................................................
Property Tax .........................................................................................................................
33
34
34
34
34
34
35
35
2001 City Policies
LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES
Jim Miller, Executive Director
Mandates, telecommunications
Gary Carlson, Director of Intergovernmental Relations
Aid to cities, electric utility restructuring, general revenue sources for cities,
pensions, personnel, property tax system, tax increment financing,
Anne Finn, Intergovernmental Relations Representative
Housing, land use/annexation, public safety, transportation and transit
Kevin Frazell, Director of Member Services
Electric utility restructuring, government innovation and cooperation,
Tom Grundhoefer, General Counsel
General municipal governance, telecommunications
Ann Higgins, Intergovernmental Relations Representative
Elections and ethics, emergency management, housing, information policy,
telecomnmnications, utility service districts
Andrea Stearns, Intergovernmental Relations Representative
Business subsidies, civil liability and criminal justice, economic development and
redevelopment, general government, local/tribal relations, tax increment
fin&ncing,
Renfi Stone, Senior Intergovernmental Relations Representative
Civil liability, construction codes, environment, general government, insurance,
labor relations/personnel, land use/annexation
iv
League of Minnesota Cities
Legislative Policy Committee Members
Improving Fiscal Futures
Dennis Kraft, Chair, City Manager, Robbinsdale
Richard .Kbraham, City Administrator, Lake City
Karen Anderson, Mayor, Minnetonka
Bill Barnhart, Intergovernmental Relations,
Minneapolis (alternate)
Curt Boganey, City Manager, Brooklyn Park
Tom Burt, City Administrator, Rosemount
Gino Businaro, Finance Director, Mound
Dennis Cavanaugh, Mayor, St. Anthony
Jane Chambers, Assistant City Manager, Brooklyn
Center
Tom Cran, Budget Office, St. Paul
Reggie Edwards, City Administrator, Chisago City
John Erar, City Administrator, Farmington
Richard Fursman, City Manager, Maplewood
Jeff Haubrich, Assistant Council Adminstrator, Red
Wing
Terri Heaton, Chief Financial Officer, Bloomington
Pat Hentges, City Manager, Mankato
Elizabeth Kautz, Mayor, Burnsville
James Keinath, City Administrator, Circle Pines
Linda Koblick, Councilmember, Minnetonka
Tom Lawell, City Administrator, Apple Valley
Dean Lotter, City Administrator, Janesville
Paul McLaughlin, Councilmember, International Falls
Peter Meintsma, Mayor, Crystal
Tom Melena, City Administrator, Oak Park Heights
Steve Mielke, City Manager, Hopkins
David Minke, City Administrator, Princeton
John Moir, Finance Director, Minneapolis
Gary Neumann, Assistant Administrator, Rochester
Steve Okins, Finance Director, Willmar
Tammy Omdal, Finance Department, Minneapolis
Roger Peterson, Association of Metropolitan
Municipalities
Douglas Reeder, City Administrator, South St. Paul
Michael Rietz, City Administrator, Kasson
Michael Robertson, City Administrator, Otsego
Ryan Schroeder, City Administrator, Cottage Grove
James Smith, Councilmember, Independence
Gerald Sorenson, Administrative Services Director,
Moorhead
Jerry Turnquist, Councilmember, Oak Park Heights
David Mark Urbia, City Administrator, Blue Earth
Dan Vogt, City Administrator, Brainerd
Jim Willis, City Administrator, Inver Grove Heights
Rick Wolfsteller, City Administrator, Monticello
Improving Local Economies
Brenda Johnson, Chair, Councilmember, Chatfield
200~ City Policies
Jon Hohenstein, Vice Chair, City Administrator,
Mahtomedi
Dick Ailendorf, Councilmember, Minnetonka
David Beaudet, Councilmember, Oak Park Heights
Jerry Bohnsack, City Administrator, New Prague
Doug Borglund, City Administrator, Howard Lake
Patrick Boylan, Assistant Manager, Lexington
Gerald Brever, City Administrator, Staples
Cathy Busho, Mayor, Rosemount
Mike Campbell, Intergovermental Relations Director,
St. Paul
Kevin Carroll, City Administrator, Carver
Tim Cruikshank, City Administrator, Minnetrista
Dan Donahue, City Manager, New Hope
Michael Eastling, Public Works Director, Richfield
Reggie Edwards, City Administrator, Chisago City
Karen Elhard, Clerk-Treasurer, Northome
Jim Elmquist, City Administrator, Mora
Mark Erickson, City Administrator, Lakefield
John Flora, Public Works Director, Fridley
Roger Fraser, City Manager, Blaine
Matt Fulton, City Manager, New Brighton
Rick Getschow, City Administrator, LauderdaIe
John Goedeke, Councilmember, Roseville
Tom GoodWin, Councilmember, Apple Valley
Mary Gover, Councilmember, St. Peter
Chuck Groth, Mayor, Fairmont
Tom Harmening, Community Development Director,
St. Louis Park
Desta Hunt, Councilmember, Fergus Falls
Marvin Johnson, Mayor, Independence
Steven Jones, City Manager, Montevideo
Andrea Hart Kajer, Intergovernmental Relations
Director, Minneapolis (alternate)
Patrick Klaers, City Administrator, Elk River
Larry Lee, Community Development Director,
Bloomington
Don Levens, City Administrator, Cokato
Nancy Mancino, Mayor, Chanhassen
Marcia Marcoux, Councilmember, Rochester
Mark Nagel, City Manager, Anoka
Steve O°Malley, Deputy Manager, Burnsville
Samantha Orduno, City Manager, Richfield
Bruce Peterson, Director Planning and Development
Services, Willmar
Roger Peterson, Association of Metropolitan
Muncipalities
Dale Powers, Councilmember, Clear Lake
Gene Ranieri, Association of Metropolitan
Municipalities
Stephen Sarvi, City Administrator, Victoria
Mark Sather, City Manager, White Bear Lake
David Schaaf, Mayor, Oak Park Heights
Terry Schneider, Councilmember, Minnetonka
Mary Sjodin, Information Technology Director, Red
Wing
Terry Spaeth, Administrative Assistant, Rochester
Cathy Thurber, Councilmember, Minneapolis
Craig Waldron, City Administrator, Oakdale
Jeff Weldon, City Administrator, Redwood Falls
Mark Winson, Chief Administrative Officer, Duluth
Heather Worthington, City Administrator, Falcon
Heights
John Young, Jr., Councilmember, Hawley
Improving Service Delivery
Mark Karnowski, Chair, City Administrator, Lindstrom
Judd Mowry, Vice Chair, Councilmember, Tonka Bay
Laurie Ahrens, Assistant City Manager, Plymouth
Beverly Aplikowski, Councilmember, Arden Hills
Mi'kc Campbell, Intergovernmental Relations Director,
St. Paul
Pat Crawford, Clerk-Treasurer, Motley
Pam Dmytrenko, Assistant to City Manager, Richfield
Mary Hamann-Roland, Mayor, Apple Valley
Tom Hansen, Deputy Manager, Burnsville
Joel Hanson, City Administrator, Little Canada
John Kysylyczyn, Mayor, Roseville -
Barrett Lane, Councilmember, Minneapolis
Jan LeSuer, Councilmember, Golden Valley
Joe Lynch, City Administrator, Arden Hills
Larry Nicholson, Councilmember, Moorhead
Desyl Peterson, City Attorney, Minnetonak
Gene Ranieri, Association of Metropolitan
Municipalities
David Schaaf, Mayor, Oak Park Heights
David Senjem, Councilmember, Rochester
Chad Shryock, City Administrator, Wabasha
A1 Thomas, Councilmember, Minnetonka
Kent Torve, Mayor, Loretto
Karen Lowery Wagner, Intergovernmental Relations,
Minneapolis (alternate)
Rena Weber, Clerk, Waite Park
Human Resources & Data Practices
Joyce Twistol, Chair, Clerk/Personnel Director, Blaine
Ken Hartung, Vice Chair, City Administrator, Bayport
Mark Anderson, Human Resources Director, Brooklyn
Park
Geralyn Barone, Assistant City Manager, Minnetonka
Holly Duffy, Assistant to Manager, Crystal
Theresa Goble, Finance Director, Brainerd
Terry Haltiner, Labor Relations Manager, St. Paul
Bret Heitkamp, City Administrator, Champlin
Kay Kuhlmann, Council Administrator, Red Wing
Ed Larson, City Manager, Morris
vi
Kay McAloney, Human Resources Director, Anoka
Tim Madigan, City Administrator, Faribault
Givona Reed, Assistant to City Administrator, Mounds
View
Carol Rogers, Human Resources Senior Consultant,
Minneapolis
Carol Schmidt, Benefits Manager, Minneapolis
Ceil Smith, Assistant to Manager, Edina
Jerry Splinter, City Manager, Coon Rapids
Daniel Tesch, Director of Administration, Lino Lakes
Todd Torvinen, Finance Director, Duluth
Karen Lowery Wagner, Intergovernmental Relations,
Minneapolis
Electric Restructuring Task Force
Ron Jabs, Chair, Mayor, Jordan
Bryan Adams, General Manager, Elk River Municipal
Utilities
Karen Baker, House Research
Larry Bakken, Councilmember, Golden Valley
Mike Bash, Councilmember, Long Lake
David Berg, RW Beck, Minneapolis
Troy Bonkowske, Community Development Director,
Caledonia
Jim Brimeyer, Councilmember, St. Louis Park
Chuck Canfield, Mayor, Rochester
Al Crowser, Director, Alexandria Public Utilities
Jim Elmquist, City Administrator, Mora
Robert Filson, City Administrator, Worthington
Paul Grabitske, City Administrator, Janesville
James Gromberg, City Administator, Isanti
Delvin Haag, Councilmember, Buffalo
Jeffry Haubrich, Assistant to Council Administrator,
Red Wing
Elizabeth Kautz, Mayor, Burnsville
Mark Larson, City Administrator, Glencoe
Rebecca Law, Minneapolis
Para Marshall, Energy Cents Coalition
Kevin Maynard, General Manager, Austin Utilities
Charles Mertensotto, Mayor, Mendota Heights
Mark Nagel, City Manager, Anoka
Mike Nitchals, General Manager, Willmar Municipal
Utilities
Paul Ostrow, Councilmember, Minneapolis
Greg Oxley, MN Municipal Utilities Association
John Remkus, Finance Director, West St. Paul
Joe Rudberg, City Administrator, Becker
.
Amy Rudolph, Flaherty & Hood, St. Paul
Mark Sather, City Manager, White Bear Lake
Jerry Splinter, City Manager, Coon Rapids
Jim Willis, City Administrator, Inver Grove Heights
Wally Wysopal, City Manager-Clerk, North St. Paul
League of Minnesota Cities
League of Minnesota Cities
Policy Development Process
The Le.ague's policy development process has taken place over the past six months. The process
began with a member survey of priority issues facing city officials. The process will not end with the
Policy Adoption Conference. The committees will schedule additional meetings during the
upcoming legislative session to discuss additional issues, develop alternative solutions, and discuss
strategies to implement the League's policies.
Listed below is a brief chronology of the major events in the policy development process. At each
step, members have the opportunity to participate in the development process.
AprilfMay
The League solicits members for ideas and problems. A survey at the Annual
Conference allows members to formally suggest topics.
June
The League President accepts applications for committees and appoints policy
committee members.
The policy committees are:
Improving Fiscal Futures
Improving Local Economies
Improving Service Delivery
Human Resources and .Data Practices
Electric Restructuring
July
Committees meet to discuss issues raised in the member survey. Committees can also
form task forces to more thoroughly study specific issues. Task forces can include
noncity members with a knowledge of the focus issue.
August
through
September
Committees and task forces meet to discuss issues and problems, accept
testimony and develop policy statements.
October
The League Board of Directors meets with the chairs of the policy committees to
review policies.
November
Policy Adoption Conference. Members have the opportunity to discuss the draft
policies, propose changes, and suggest additional policies for member consideration.
January
through
May
Legislative session. During the session, the policy committees and task forces
will continue to meet on issues and strategies. Members can assist the League's
legislative efforts by volunteering to contact legislators on a variety of issues of
interest to our cities.
2001 City Policies ' vii
General Policy Statement
The League of Minnesota Cities serves as a forum for cities to define common problems and develop
policies and proposals to solve those problems.
The League of Minnesota Cities repreSents 818 of Minnesota's 854 cities as well as 12 urban towns
and 27 special districts. All sizes of communities are represented among the League's members (the
largest nonmember city has a population of 164) and all regions of the state are represented.
The policies that follow are directed at specific city issues. Two principles guide the development of
all League policies:
There is a need for a governmental system that allows flexibility and authority for cities to
meet the challenges of governing and providing citizens with services while at the same
time protecting cities from unfunded or underfunded mandates, liability or other financial
risk, and restrictions on local control; and,
4
The financial and technical requirements for governing and providing services necessitate a
continuing and strengthened partnership with federal, state, and local governments. This
partnership, particularly in the areas of finance, development, housing, environment and
transportation, is critical for the successful operation of Minnesota's cities and the well-
being of residents.
._1
viii ' League of Minnesota Cities
GUIDELINE FOR BUILDING QUALITY COMMUNITIES
To the greatest extent possible, legislation affecting communities at the state and federal level should
enhanc.e, not diminish, the ability of citizens, businesses, and local governments to work together in
partnership to make every community "livable."
ISSUE: Cities in Minnesota are at various stages in meeting the goal of being "livable, healthy
communities."
RESPONSE: The definition of a "livable, healthy community" below will be used to evaluate
proposed legislation to determine whether or not it advances the goal of enabling all Minnesota
cities to become livable, healthy communities. It should also be used by cities to evaluate their
progress toward the goal of becoming livable, healthy communities.
A LIVABLE, HEALTHY COMMUNITY IS:
WHERE PEOPLE OF ALL AGES
· share a core of common values including valuing diversity, respect for each other, and good
citizenship
feel:
* safe
* a sense of belonging
* welcome
engage in life-long learning activities that:
* promote responsible citizenship
* enhance the enjoyment of life
* prepare them for changing job markets
· participate in the decision-making process with community leaders
· celebrate community
· want to make their home
have access to:
* good paying jobs
* adequate and affordable housing
* choice of efficient transportation systems including transit, pedestrians, and bicycles
* gathering places
* desired information
2001 City Policies
ix
* choice of cultural and recreational activities
* affordable goods and services, including health care
are involved in the nurturing of youth
care about their homes, community, and the environment
get to know each other
have the benefit of strong family support and nurturing adults
WHERE LOCAL GOVERNMENT
· is responsive to the needs of its citizens
· is actively supported by enthusiastic volunteers
· is open and user friendly
· encourages and implements cooperation and collaboration
· provides and maintains an adequate physical infrastructure and promotes social infrastructUre to
meet local needs
· educates citizens of all ages on local, regional, and state issues and government processes
· informs and communicates with citizens to foster participation in public policy decision-making
· participates in youth development
League of Minnesota Cities
200:J. C~_TY POL:ECT_ES
IMPROVING FISC AIJ FUTURES
FF-1. State-Local Fiscal Relations
Issue: Minnesota's state and local
government finance system is complex and
intertwined. This complexity has been the
subject of ongoing legislative.scrutiny and
has most recently resulted in a governor's
initiative to review the system with the goal
of developing a reform proposal for the
2001 Legislature.
While cities rely on their partnership
with the state to provide local services, they
also must respond to the needs and desires
of their residents. To that end, cities need
flexibility in determining how to finance
needed local services.
In 1997, the Legislature began making
changes to Minnesota's property tax system
that have impacted the ability of cities to
fund necessary services. Those changes,
including the reimposition of levy limits,
significant class rate compression, and
changes to the limited market value law all
have resulted in varying unintended
consequences.
Response: To remedy existing and
avoid potential future unintended
consequences of additional propertytax
changes, the League supports:
· Reviewing the combined impacts of
property tax changes since 1997 and
changing economic circumstances for
taxpayers and for local governments
so that policy makers can better
understand where the system may
need further changes;
· Expanding available city revenue
~ources to reduce the reliance on the
property tax; and
· Reducing the property, tax burdeh for
2001 City Policies
all classes of property by increasing
the state share of school funding. Any
increase in the state share of school
funding must guarantee a permanent
reduction in the school property tax
burden. The League supports paying
for the increased state cost through
income and sales taxes.
The League oppoSes:
· ReimpOsing levy limits, which are
inefficient, ineffective, interfere with
local accountability, and ignore local
circumstances;
· Imposing reverse referenda
requirements, which undermine the
decisions of local elected officials,
divert focus and resources from daily
operations, and can disrupt the local
budget process;
· Replacing all or part of LGA or
HACA with state-mandated
categorical aid programs, or local
option taxing authority;
· Switching from the classification
system to a market value based
system, which would cause
tremendous shifts of tax burden
between classes of property. The
League also opposes applying all
future levy increases to market value'
because this would further complicate
the property tax system;
· Expanding the limited market value
law or enacting an acquisition value
law;
· Enacting proposals that would
interfere in local decision-making
regarding service delivery;
· Imposing a state-levied property tax;
and
· Cutting LGA or HA, CA to finance an
increased state role in school finance.
FF-2. State Shared Revenues
Issue: State revenue sharing programs
address at least three problems with a stand-
alone local government finance system.
First, the property tax base available to
communities can vary dramatically. These
programs use state resources to equalize the
ability of communities to provide essential
services without undue property tax burdens
for local residents.
Second, nonresidents can take advantage
of local services or create additional
demands for services without contributing to
the taxes that support these services. LGA
and HACA help address the free rider
problem where nonpaying individuals
consume services without contributing to the
local tax base.
Third, allowing local units of
government in Minnesota to levy only the
property tax has created an over-reliance on
the property tax. LGA and HACA can
reduce the overall reliance of local
governments on the property tax.
Although historically the Legislature has
generally supported LGA and HACA
programs, the 1981 Legislature reduced the
number of LGA and HACA payments and
the 1986 Legislature delayed the payments.
Under current law, the first payment of LGA
and HACA is made in Julymfully 7 months
into each city's fiscal year. These changes
have created cash flow problems for some
cities.
Resl~onse: LGA and IIACA, or
similar replacement revenues, must be
continued and additional state resources
greater than the rate of inflation must be
allocated to prevent rapid future property
tax increases. In addition, the HACA
2
household growth factor for cities should
be reinstated. The Legislature should
adjust the LGA and HA CA payment
schedUle to provide cities access to LGA
and HACA earlier in their fiscal year.
FF-3. Taxation of Municipal Bond
Interest
Issue: The state law that grants a tax
exemption for municipal bond interest
lowers borrowing costs for cities and
reduces property tax levies.
Res£onse: The state should maintain
the tax exemption for municipal bond
interest income.
FF-4. City Fiscal Year
Issue: The fiscal year for cities and
counties currently corresponds to the
property tax cycle.
Response: The state should maintain
current law and not change the city fiscal
year to coincide with the state fiscal year.
FF-5. Sales Tax on Local
Government Purchases
Issue: In 1992 when the state was
experiencing a budget shortfall, the
Legislature repealed the sales tax exemption
for local government purchases. Local
governments now pay state sales tax on
purchases like road maintenance supplies
and equipment, wastewater treatment
facilities, and building materials for
affordable housing. This tax currently costs
local property taxpayers and ratepayers an
estimated $100 million annually. In
addition, proposals to extend the sales tax to
services would have the effect of increasing
local government costs and property taxes.
League of Minnesota Cities
Because no additional state aids were added
to offset the additional cost, this repeal has
effectively increased local property taxes to
finance state operations.
Response: The state should reinstate
the sales tax exemption for all local
government purchases. The exemPtion
must not be coupled with cuts in LGA or
ItACA.
FF-6. Payments for Services to
Tax-Exempt Property
Issue: Taxable property in many cities is
being acquired by nonprofit and government
entities. Converting the property to tax-
exempt status can lead to a serious tax base
erosion without'any corresponding reduction
in the service needs created by the property.
Response: Cities should have the
authority to collect payments from
statutorily exempt property owners to
cover costs of service as cities have with
special assessments.
FF-7. Truth-in-Taxation Process
Issue: Cities must set a preliminary levy
by September 15 which, by law, becomes
the maximum that cities can levy for the
following year. In recent years, cities have
not received complete tax base and aid
_information in a timely manner. As a result,
cities often either set a preliminary levy that
is artificially high or they are unable to
budget for unforeseen needs that arise after
September 15.
Response: The League supports
changes to the Truth-in-Taxation process
to provide more meaningful information
to citizens. Cities should have the
authority to increase the final levy from
the preliminary levy to meet unforeseen
and uncontrollable needs.
2001 City Policies
FF-8. State Administrative
Deductions from State Aid
Issue: State administrative costs are
deducted from the LGA appropriation. This
reduces the property tax relief provided by
LGA and creates hidden appropriations for
state agencies.
Response: All appropriations from
LGA resources that fund state operations
should be repealed.
FF-9. Reporting Requirements
Issue: Budget and financial reporting
requirements imposed on cities by the state
often result in duplication and additional
costs..
Response: Requirements for reporting
and advertising financial and budget
information should be carefully weighed
to balance the validity of the state's need
for additional- information with the costs
and burdens of compiling and submitting
this information. In addition, all state
agencies should be aware of the
information already required by others to
avoid duplication of reporting
requirements.
FF-10. Federal Budget Cutbacks
Issue: Congressional budget actions or
devolution of program responsibilities may
plade fiscal burdens on the state and local
governments.
Response: The state should not
reduce aids or increase fees to local
governments as a means for dealing with
cutbacks in federal revenues. The state
should take responsibility for reductions
in federal revenues rather than placing
the burden on cities and their property
taxpayers.
FF-11. Price of Government
Issue: The price of government
legislation enacted in 1994 was intended to
measure the overall effect of state and local
taxation over a long period of time. The
targets measure government revenues as a
percent of personal income. Unfortunately,
the targets have been misinterpreted and
used unfairly to criticize city tax and budget
decisions.
Response: The price of government
statutes as they apply to local
governments should be repealed. If the
price of government law is to continue to
be applied to local governments, price of
government calculations should be based
on the sum of levy and state aid, not just
levy, and based on long-term trends, not
single-year events.
FF-12. Capital Improvement Fees
Issue: New development and the
resulting growth create an increased demand
for public infrastructure and other public
facilities. Severe constraints on local fiscal
resources and dramatic forecasts for
population growth have prompted cities to
critically reconsider ways to pay for the
inevitable costs associated with new
development. Traditional financing
methods tend to subsidize new development
at the expense of the existing community,
discourage sound land use planning, place
inefficient pressures on public facilities, and
allow under utilization of existing '
infrastructure. Consequently, local
communities are exploring methods to
ensure that new development pays its fair
share of the true costs of growth. Given the
existing authorization to impose fees on new
development for water, sanitary and storm
sewer, and park purposes, it is reasonable to
extend the concept to additional public
infrastructure and facilities improvement
also necessitated by new development.
Response: The Legislature should
authorize cities to impose capital
improvement fees so new development
pays its fair share of the off-site, as well as
the on-site costs of public infrastructure
and other public facilities needed to
adequately serve new development.
FF-13. Deferred Assessments for
Roads
Issue: Current law allows a city to
recoup the costs for water, storm sewer, or
sanitary sewer improvements by levying
additional assessments on the property
benefiting from the improvement, but not
previously assessed. This authority for
deferred assessment has not been extended
to other infrastructure, such as road
improvements, even though properties are
benefiting from the improvements.
Response: Cities should be able.to
assess the cost of infrastructure
improvements for roadsl Cities should be
allowed to defer assessments against
property located outside the city for road
· improvements benefiting property
abutting the improvement but not
previously assessed for the improvement.
For example, if a city makes
improvements to a road that benefits city
residents and township residents, the city
should be able to defer the assessments to
the township property until the property
is brought into the city. Once the
township property is brought into the
city, the city would then be able to assess
that newly acquired property for road
improvements previously done but not
assessed at the time of thc improvements.
4 League of Minnesota Cities
~-~'-14. Taxation of Electronic
Commerce
Issue: Sales over the lntemet and
through other electronic means are projected
to increase exponentially over the next
several years. Electronic transactions pose
significant tax policy challenges because of
the difficulty of assigning a location to
electronic sales, and because many Internet
'~goods' are not tangible property.
Response: Federal tax policy should
not place main street businesses at a
competitive disadvantage to electronic
retailers, must not jeopardize repayment
of bonds backed by state and local sales
tax revenues, and should ensure stability
in state and local revenues. To address the
challenges created by the growth of e-
commerce' the League supports the multi-
state effort to develop a streamlined sales
tax system.
FF-15. Limited Market Value
Issue: Rapidly rising property values in
some parts of the state have fueled
legislative interest in expanding the current
limited market value law. One proposal
would establish the consumer price index as
the maximum annual market value increase
and extend the limit to all classes of
property.
Further restricting market value
increases would have several negative
consequences:
· It would unfairly shift taxes from
properties experiencing growth in value
onto all other properties.
· Over the long-term, similar properties
would be taxed at widely different rates
merely due to when the properties were
last sold.
· It could discourage the sale of property
because sales would return the property
to full market value for tax purposes.
· It would discourage improvements to
property, which would trigger a return to
full market value for tax purposes. This
could lead to degradation of housing and
other types of property.
· It could adversely affect the ability of
cities to bond for infrastructure
improvements or for tax increment
financing since local tax bases would not
reflect the growth in property values.
· Once implemented, limited market value
provisions are politically difficult to
sunset due to the potential for large one-
year tax shifts onto properties whose
values were artificially capped by the
program.
Response: The League opposes any
expansion of the limited market value
law.
FF-16. State Charges for
Administrative Services
Issue: Currently, some state agencies
have wide discretion in setting the fees for
special services they provide to local
governments. For example, the Minnesota
Department of Revenue recently increased
the fee for administering local sales taxes by
80 percent in.the middle of a budget year
with less than six weeks notice. The increase
had no apparent relationship to the cost of
providing the service.
Response: State agencies should be
required to demonstrate the need for
increases in service fees, and should give
adequate notice of increases to allow local
governments to budget for the increases.
State agencies should set administrative
service fees as dose as possible to the
marginal cost of providing the service.
2001 City Policies '
Local government should be given the
option to self-administer or contract with
the private sector for the service if the
state cannot provide the service at a
reasonable cost.
IMPROVING LOCAL ECONOMI. ES
LE-1.
(TIF)
Tax Increment Financing
Issue: In the context of any discussions
regarding regional economic development
strategies and "The Big Plan," it must be
recognized that the state has effectively
delegated the responsibility for economic
develolSment and redevelopment to cities.
Unfortunately, neighboring states have
given their cities more development tools
and, therefore, cities in these states have a
competitive advantage over Minnesota
cities. In Minnesota, tax increment
financing is the most viable tool available to
all cities in their economic development and
redevelopment efforts. Additionally, tax
increment allows cities to address the
changing needs of their evolving
communities.
The state, whether based on a lack of
information or misinformation, has been
critical of cities' use of the tool and has
implemented a series of restrictions over the
past several years, rather than partnering
with cities and encouraging their endeavors
to improve and enhance the economic well-
being of Minnesota and the growth and
redevelopment of its cities. Critics often
claim that T~ is overused. Some of these
critics have proposed TIF freezes or caps.
Tiffs view fails to recognize the benefits
received by counties and school districts, as
well as cities, upon district expiration while
only cities are required to assume the
financial risks associated with development
decisions. Cities have used tax increment
financing responsibly and examples of these
positive uses abound. ·
6
Response: To effectively compete with
other states, Minnesota must provide its
cities greater flexibility in the use of tax
increment financing and other economic
development programs. In implementing
any sort of regional economic
development strategy and objectives
contained in "The Big Plan," the state
should partner with cities in economic
development and redevelopment
activities, and encourage cities' use of tax
increment in achieving the laudable goals
of long-term tax base stabilization and
growth, job creation, development of low-
to.moderate income housing, remediation
of pollution, elimination of blight,
recycling and redevelopment of the
infrastructure, and redevelopment of its
communities.
The League opposes proposals for TIF
freezes or caps. Counties and school
districts are appropriately involved in
cities' development decisions through
current "review and comment"
requirements and should recognize the
benefits they receive, without assuming.
any of the risk, due to cities' prudent uses
of TIF.
LE-2. TIF Reform
Issue: Legislative proposals to
reform the tax increment financing laws will
continue to be introduced and debated
during upcoming legislative sessions.
Response: As part of any TIF reform
debates, the Legislature should consider:
· Authorizing any tax increment
League of Minnesota Cities
districts approved after April 1, 1990,
to pool increments in the same
manner as districts certified prior to
April 1, 1990;
· Eliminating the LGA/HACA penalty
currently imposed on districts or
removing the restrictions on the
source of payment;
· Expanding the use of tax increment
financing to assist in the development
of technological infrastructure,
transit-oriented development, the
restoration of historic structures, and
for nonretail commercial projects
(e.g., software companies, banks, and
insurance companies);
· Exempting redevelopment districts
from the "five-year rule";
· Modifying the housing district income
qualification level requirements to
allow the levels to vary according to
those specific to individual
communities;
· Authorizing the use of federal grants-
and other funds for local
contributions; and
· Removing the LGAJHACA penalty
imposed on housing districts
established between the penalty years
of 1990 and 1993.
LE-3. Impact of Property Tax
Reform on Existing TIF Districts
Issue: In addition to potential future
action in light of "The Big Plan," recent
Legislatures have compressed property tax
class rates which, in turn, has jeopardized
the repayment of outstanding debt or other
obligations in existing TIF districts. Given
the long-term nature of property tax reform,
cities could not have anticipated the impact
of these class rate changes, nor can cities
project the impact of future changes.
The Legislature has recognized its
responsibility for the impacts of its actions
2001 City Policies
by creating a TIF grant program to address
situations where the class rate changes cause
TIF district deficits. The TIF grant program,
currently funded at $6 million and scheduled
to expire in 2002, is likely to be insufficient
to cover every deficit. Some of the worst
deficit situations may not surface for a
number of years. Additional pooling and
special taxing district authority might be
useful in certain cities but are only partial
solutions.
Response: The Legislature should
provide additional state resources to the
TIF grant program and extend the
program indefinitely so that TIF
obligations can be met and third party
bondholders are protected if the current
TIF grant program is insufficient to cover
deficits caused by recent class rate
changes. The Legislature should also
explore additional options to address
deficits such as district duration-
extensions and eliminating or adjusting
the original tax capacity rates.
LE-4. Business Subsidies
Issue: The 1999 Business Subsidies
Act was clarified and modified during the
2000 legislative session. In order for
development agencies to effectively
implement the amended law, the law should
be allowed to operate without further
substantive legislative change.
Response: The Legislature should not
make any substantive changes to the 1999
Business Subsidies Act during the 2001
legislative session.
LE-5. Economic Development.
Programs
Issue: The Minnesota Investment
Fund is not adequately funded. Local
governments do not have an adequate slate
of tools to assist job creation, redevelop
blighted and decaying properties, and
provide adequate housing choices.
Consequently, cities are not well equipped
to compete nationally and internationally for
business development.
Response: More state resources
should continue to be contributed to the
Minnesota Investment Fund. In addition,
Congress should remove the caps that
have been placed on Industrial
Development Bonds and acknowledge
that the extensive eligibility requirements
now adequately limit their use.
LE-6. Redevelopment Prbgrams
Issue: Communities across
Minnesota are faced with the unique
circumstances of deteriorating, obsolete, and
vacant structures in neighborhoods and
downtowns and a lack of land for
development. Redevelopment activities
usually require large, up-front funds to
address multi-phase projects of extensive
duration where site assemblage, demolition,
relocation, or pollution clean-up must occur
before private-sector interest can be
generated. Additionally, deterioration
· threatens historic structures in cities across
'the state. While the redevelopment account
administered by the Department of Trade
and Economic Development is a critical
component in establishing a coherent
statew/de policy for redevelopment, cities do
not have sufficient tools to utilize in local
historic preservation efforts.
Response: In recognition of the unique
needs of redevelopment projects, the state
should continue its commitment to
reinvest in its communities by increasing
and committing to permanent base
budget funding for the redevelopment
account administered by the Department
of Trade and Economic Development.
..
8
Additionally, as part of a comprehensive
approach to redevelopment needs, the
Legislature should consider the state
income tax credit legislation pursued by
the preservation Alliance of Minnesota,
TIF subdistricts, and other tax incentives
for local historic preservation efforts.
LE-7. Property Tax Abatement
Authority
Issue: In an effort to increase the
number of development tools available, the
1997 Legislature authorized local units of
government to grant property tax
abatements. Although TI:F continues to be
the primary financing mechanism for local
development projects, tax abatements
provide a good addition to a needed list of
economic development tools. In order to
provide maximum benefits, tax abatements
should be less restrictive in terms of funding
caps and financing terms. Property tax
abatements should not be considered a
replacement for tax increment financing.
Response: TIF is still the primary
viable development tool available for
cities. Abatement authority should
continue to be available, but not offered
as a rationale to eliminate TIF.
Additionally, the Legislature should
develop a state fund to facilitate state
participation in abatement projects.
Finally, the funding caps should be
increased or eliminated.
LE-8. Brownfields
Issue: Brownfields are lands
unsuitable for development due to the
presence of chemical or other contaminants.
Brownfields are a major cause of blight
within communities across the state through
loss of local tax base, jobs, housing quality,
public safety, and community confidence.
Revitalizing this land is costly and requires
League of Minnesota Cities
the cooperation of city, county, school,
regional, state, and federal govemments and
the assistance of local economic
development organizations and citizens.
As we move into an era where the mass
creation of jobs is a necessity and where
increased tax base is a requirement for local
governments to adequately face growing
financial pressures, efforts to revitalize
brownfields must not only continue but be
accelerated in the upcoming years.
Currently, $7 million exists in the
Department of Trade and Economic
Development's (DTED) base for the
contaminated site clean-up fund.
Additionally, $6.2 million is appropriated
annually from the Petrofund to DTED to
clean up sites that contain at least some
petroleum-related Contamination.
Response: A comprehensive set of
economic development programs must be
maintained for cities and other
development agencies. The Legislature
should:
2001 City Policfes
· Increase funding for the Department
of Trade and Economic
Development's contaminated site
clean-up fund and redevelopment
account;
· Strengthen enforcement and collection
of revenues for the state
contamination tax;
· Continue support for and funding of
local and regional programs to assist'
in the efforts to remediate
brownfields;
· Establish a fully-funded program to
allow cities and other development
authorities to gain control of and
reclaim and revitalize brownfields;
· Protect existing tax increment
financing provisions that provide for
the remediation of brownfields, and
modify restrictions to allow the
pooling of district revenues to assist in
·
the financing of remediation of
brownfields;
· Establish an indemnification fund to
provide financial security for
institutions and individuals as they
invest in efforts to recycle brownfields
in order to leverage private
investment in cities' efforts to increase
their tax base and create jobs; and
· Continue ffmancing mechanisms for
cleaning contaminated sites.
LE-9. OSA Response Timelines
Issue: The Office of the State
Auditor (OSA) is responsible for TIF
oversight. As part of their review of TIF
districts, they identify alleged violations of
the TIF laws and issue noncompliance
notices to TIF authorities. After responding
to these noncompliance notices within the
required 60-day period, authorities often do
not receive timely responses on the matter
from the OSA. Additionally, TIF authorities
are often unclear about the final disposition
of the matter upon receipt of a final
noncompliance notice.
Response: In the event that the
OSA determines to issue a final
noncompliance notice to a TIF authority,
the Legislature should require the OSA to
issue the notice within 60 days of
receiving the authority's response. Any
final noncompliance notice should contain
the OSA's final position on the matter,
the date upon which they forward the
matter to the county attorney, and the
next steps that are required to be taken
according to state law. Upon expiration
of the 60-day period, the authority should
be deemed to be in compliance with the
TIF laws if no final noncompliance notice
is received.
LE-IO. OSA Time Limitations
Issue: The Office of the State
Auditor (OSA) has the authority to issue
noncompliance notices for every existing
TI1~ district in the state for alleged violations
of the TIF laws. This authority extends
retroactively to the inception of the district.
Accordingly, TIF authorities can receive
noncompliance notices for alleged violations
that occurred twenty or more years ago.
Often, staff and record-keeping procedures
have changed and TIF authorities find it
exceedingly difficult to reconstruct the past
in order to identify and remedy these
situations. Similarly, the OSA claims the
authority, based on the state's records
retention schedule, to audit TIF districts for
up to ten years after decertification which
requires cities to expend staff resources to .
maintain files and a working ~knowledge of
old districts for an unreasonable period of
time.
Res_ponse: A reasonable timeframe
within which alleged violations are
identified should be established. The
Legislature should reasonably restrict the
OSA's ability to issue noncompliance
notices to the six-year period prior to the
notice's issuance date. The Legislature
should also require the OSA to conduct
any audits on decertified districts within
one year of decertification.
LE-11. Growth Management and
Annexation
Issue: Unplanned and uncontrolled
urban growth has a negative environmental,
fiscal, and governmental impact on cities,
counties, and state governments because it
hacreases the cost of providing government
services, and results in the loss of natural
resource areas and prime agricultural land.
10
Response: The League believes the
existing framework for guiding growth
and development primarily through local
plans and controls adopted by local
governments should form the basis of a
statewide planning policy and that the
state should not adopt a mandatory
comprehensive statewide planning
process. Rather, the state should:
Provide additional financial and
technical assistance to local
governments for cooperative planning
and growth management issues,
particularly where new
comprehensive plans have been
mandated by the Legislature;
Clearly establish the public purposes
served by existing statewide controls
such as shore land zoning and
wetlands conservation; clarify,
simplify, and streamline these
controls; eliminate duplication in their
administration; and, fully defend and
hold harmless any local government
sued for a "taking" as a result of
executing state land use policies;
Give cities broader authority to
extend their zoning, subdivision, and
other land use controls up to two miles
outside the city's boundaries,
regardless of the existence of county
or township controls, to ensure
onformance with city facilities and
services;
Clearly define and differentiate
between urban and rural development
and restrict urban growth outside city
boundaries;
Require the Metropolitan Council to
seek cooperation from the state of
Wisconsin and counties (both
Minnesota and Wisconsin)
surrounding the metropolitan area to
ensure responsible and controlled
development; study expansion of
Metropolitan Council authority in
surrounding counties; and, examine
League of Minnesota Cities
the positive and negative impacts of
mandatory regional or local land use
controls and state-imposed
development standards;
Facilitate the annexation of urban
land to cities by amending state
statutes that regulate annexation to
make it easier for cities to annex
developed or developing land within
unincorporated areas;
Oppose legislation that would
reinstate the election requirement in
contested annexations; and
Encourage ideas consistent with the
long-term goal of allowing urban
development only in urban areas.
Density incentives such as sprawl
reduction aid programs are more
straightforward methods of rewarding
and encouraging compact urban
development than using LGA or
HACA for another new purpose.
LE-12. Electric Service Extension
Issue: Minnesota law currently
protects the right of municipally-owned
utilities to extend electric services to
annexed areas. Electric cooperatives have
announced their intention to seek legislation
that would eliminate the right of
municipally-owned utilities to extend
electric services to annexed areas.
Eliminating the authority to extend services
would interfere with the city's natural
growth and with the ability of municipally-
owned utilities to serve the entire
community.
Response: The League opposes
any statutory change that would impede
or eliminate the ability of municipally-
owned utilities to extend electric services
to any portion of their respective cities,
including annexed areas.
2001 City Policies ·
LE -13. State and/or County
Licensed Residential Facilities
(group homes)
Is/~ue: As the need for more residential-
based care facilities increases, sufficient
funding is also needed to ensure residents
living in group homes and licensed facilities
have appropriate care and supervision. In
view of cities' responsibilities to
accommodate group homes and residential-
based facilities, it is important that state and
county government work with local officials
to address residential care and public safety
issues. Cities have reasonable concerns for
special care necessary for group home
residents, particularly in case of public
safety emergencies. Since operators of
certain residential facilities and services are
not required to notify cities when they
intend to purchase housing for group homes,
cities do not have opportunity to raise
concerns and requirements regarding the
special care and public safety measures
these residences may expect.
Response: The Legislature should
provide sufficient funding for such
residential-based services and ri~quire
state and county agencies that manage
those facilities or companies licensed to
operate group homes to notify cities in a
timely manner when licensed facility
operators request to operate such
facilities or to renew their license and
allow cities to require such agencies and
licensed operators to identify and take
appropriate measures to respond to the
special care residents need in case of
emergencies.
Legislation should also require
establishment of nonconcentration
standards for state or county-issued
requests for proposals (RFPs) and
direction to avoid clustering residential
facilities. Licensing authorities must also
11
be responsible for removing any residents
incapable of living in such an
environment, particularly if they become
a danger to themselves or others.
LE-14. Housing and Economic
Issue: City officials recognize that low
rental vacancy rates and increased demand
:['or housing, particularly for starter homes
for fkst-time homebuyers, have had a
dramatic impact on affordability and
threaten to undermine strong neighborhoods,
healthy communities, and local economic
vitality. Decreased federal housing
assistance and insufficient state resources
for housing production place statewide
economic expansion at risk. Changes in
social services and family support, along
with welfare-to-work requirements, make it
paramount for the Legislature and the
federal government to identify and provide
for additional resources for housing to
strengthen family stability, improve
workforce availability, and improve
children's school performance.
Response: The Legislature must
increase state investment in housing
production, at least doubling the current
biennial housing budget, to help leverage
private and local resources as well as
federal funds. The Legislature should
continue to make additional investment
outside the metropolitan area for
production of single.family housing
affordable to working families, along with
affordable rental units.
In the metropolitan area, investing
over the next biennium to carry out the
goals of the Livable Communities Act is
critical to meet the needs of many
households in which working adults must
now travel long distances to get to work
12
and face a losing battle in trying to afford
housing for their families.
The federal government must address
its responsibility to assist communities in
providing for production of affordable
housing units and end over-reliance on
housing vouchers to solve the growing
gap between rapidly increasing rents and
the incomes of workers in lower-paid
employment.
The Legislature should continue to
provide incentives rather than mandates
to lower housing construction costs and
selling prices to encourage local
government, builders, developers,
housing agencies, and organizations to
address housing design and construction
costs, land use regulation, and other
factors that affect housing development
costs. The Legislature should also give
cities the authority to redevelop tax-
forfeited property for housing.
LE-15. Preservation of Federally-
Assisted Low-Income Housing
Issue: Loss of federally-assisted housing
in communities throughout the state remains
a serious threat to the well being of older
city residents as well as other vulnerable
populations. Cities do not have sufficient
local resources to purchase or provide equity
take-out loans to owners of subsidized rental
units who are considering mortgage
prepayment and conversion to market-rate
rentals. Without such resources, properties
originally built to provide housing for low-
income residents will be converted to
market-rate, worsening an already tight
rental housing market.
Cities, neighborhood organizations, and
community development projects also do
sometimes require demolition of
League of Minnesota Cities
substandard housing, which can compound
housing shortages and displace occupants.
Response: The Legislature must
continue to provide additional resources
for the Minnesota Housing Finance
Agency and community-based nonprofit
housing organizations to buy units Or
make equity take-out loans to property
owners in return for maintaining rents
affordable to low-income residents and
agreeing to maintain the federally
subsidized mortgage to term.
LE-16. Adequate Funding for
Transportation
Issue: Current funding for roads and
transit systems across all government levels
in the state is not adequate. The League
acknowledges that all Minnesota
communities benefit from a sound and-
adequately funded transportation system.
Response: More resources must be
dedicated to the state's transportation
systen~ The League supports
constitutionally dedicating a portion of
the sales tax on motor vehicles (also
referred to as MVET) or other new
revenue sources to a transportation fund,
which would fund both highway and
transit projects. The League also
supports an increase in the gas tax that
would be dedicated under the existing
highway user trust fund formula.
Replacement funding for vehicle
registration taxes (known as tab fees)
must be constitutionally dedicated to the
highway user trust fund.
If adequate funding does'not come
from the state, cities should have funding
options made available to them to raise
the necessary dollars to adequately fund
roads and transit.
2001 City Policies ·
All nontransportation programs
should be funded from sources other than
the highway user distribution fund or
other funds dedicated to transportation.
LE-17.
Systems
State Aid for Urban Road
Issue: Current rules governing
municipal state aid expenditures are
restricting the efficient use of these funds,
and do not adequately acknowledge the
constraints of road systems in urban city
environments.
Response: Rules affecting the
municipal state aid system need to be
changed to acknowledge the technical and
practical restrictions on construction and
reconstruction of urban road systems.
New municipal state aid design standards
shOUld not apply to reconstruction of
existing state aid streets originally
constructed'under different standards.
Future changes to state aid rules should
ensure the involvement of elected officials
and engineering professionals in the
decision-making process.
LE-18. Turnbacks of County and
State Roads
Issue: As road funding becomes
increasingly inadequate, more roads are
being "turned back" to cities from counties
and the state.
Response: Turnbacks should not
occur without direct funding or transfer
of a funding source. A process of
negotiation and mediation should govern
the timing, funding, and condition of
turned-back roads. City taxpayers
should receive the same treatment as
township taxpayers. The requirement for
a public hearing, standards about the
conditions of turnbaCks, and temporary
13
maintenance funding should also apply to
county turnbacks to cities. At a
minimum, roads proposed to be turned
back to a lower government level should
be brought up to the standards of the
receiving government or should be
compensated with a direct payment.
Direct funding should be provided for
smaller cities that are not provided with
turnback f'mancing through the
municipal state aid system.
LE-19. Road Funding for Cities
Under 5,000
Issue: Cities under 5,000 population do
not receive any nonproperty tax funds for
their collector and arterial streets.
Response: Cities under 5,000
population that are not eligible for
Municipal State Aid (M.S.A.) should be
able to use county municipal accounts
and the 5 percent account of the highway
user distribution fund.
Uses of. county municipal accounts
should be statutorily modified so counties
can dedicate these funds for local arterials
and collector streets within cities under
5,000 population. In addition, the five
percent set-aside account in the highway
user distribution fund should be used to
meet this funding gap.
LE-20. Railroad-Related Projects
Issue: C]ties are being presented with
far-reaching and long-term effects when
railroad expansion and related projects enter
their communities. Along with the concerns
related to safety, environmental effects, and
noise impacts on the.communities, several
issues have greater reaching effects. They
are:
14
The cost-share ratio related to roadway
crossing improvements will be borne by
the public sector to a substantial degree,
some estimates are 80 percent public to
20 percent private funding;
· The financial burden faced by the public
sector to deal with mitigation
improvements, a cost that the Surface
Transportation Board (STB) is not
requiring the private sector to pay;
· The issues associated with the length of
trains moving through communities;
· Liability associated with whistle-
blowing ordinances; and
· Preemption of local authority to regulate
railroad activities.
Response: The private sector must be
required to pay a greater share of the
improvements that benefit their industry.
The public sector should not be expected
to underwrite the costs of improvements
sought by the private sector. The state
and federal government must participate
in adequately funding the mitigation of
the negative impact of railroads on local
government and its citizens. The federal
government must exercise greater
oversight of the STB to ensure that fair
and equitable solutions are reached when
dealing with cities in Minnesota.
LE-21. Right-of-Way Management
Issue: Cities have fundamental
responsibility for managing the safe and
convenient use of public rights-of-way and
hold local rights-of-way in trust for the
public as a limited and valuable asset. As
demand increases for use of rights-of-way,
cities must continue to have clear authority
to allocate and coordinate that resource
among competing uses. Local management
responsibilities vary and are site specific,
underscoring the necessity for maintaining
local authority to recover actual
management costs and to exercise local
zoning and land use regulations.
League of Minnesota Cities
Response: State and federal
governments must:
· Uphold local authority to manage and
protect public rights;of-way, including
reasonable zoning and subdivision
regulation and the exercise of local
police powers;
· Recognize that municipalities have a
paramount role in development,
utility location, and implementation of
construction and safety standards;
· Support local authority to require full
recovery of actual costs of managing
use of public rights-of-way;
· Allow cities to retain authority to
franchise gas, electric and cable
services and collect franchise fees or
alternative revenue streams; and
' · Maintain the courts as the primary
forum for resolving disputes over the
exercise of such authority.
LE-22. Workforce Readiness
Issue: State and federal welfare reform
efforts have focused on the importance of
the welfare-to-work transition, and have
recognized the challenge of ensuring
Lndividuals are qualified to work. Cities
have an interest in the availability of
qualified workers as part of their economic
development efforts, and can serve as a
catalyst with other public entities and the
private sector to address workforce
readiness issues.
Response: The Legislature should
continue to fully fund the job skills
partnership and pathways programs
administered by the Department of Trade
and Economic Development. The
Legislature should provide additional
funding to Local Workforce Councils for
the purpose of upgrading the skills and
productivity of the workforce.
2001 City Policies
LE-23. Platting Law Recodification
Issue: The Minnesota Association of
County Surveyors (MACS) is seeking to
recodify Minnesota Statutes Chapter 505.
Two issues raised by MACS that will likely
impact cities are the subdivision plat
requirements, and the creation and
amendment of road right-of-way acquisition
maps. Additionally, there has been
disagreement among plat law practitioners
whether the MACS proposal is the
appropriate document for achieving
recodification.
Respo~?e: It is not clear whether the
platting statutes are in need of
recodification. In the event practitioners
of plat law develop a document that is
sound and ready for legislative discussion,
the Legislature should preserve local
authority over plat approval and to
include language in the recodification
legislation that will allow for pedestrian
easements or thoroughfares to be
dedicated by plat (sidewalks, public trails,
etc.).
LE-24. Economic Development
Authorities
Issue: The 2000 Legislature
authorized counties outside the metropolitan
area to establish county economic
development authorities (EDAs). The new
law lacks specificity on certain process and
limitations issues. County EDA activity in
areas surrounding cities will directly impact
the adjacent city in terms of service
provision and taxes.
Response: The Legislature should
establish reasonable limits on county
EDA activities in unincorporated areas,
including requiring city approval for
proposed county EDA activities within
two miles of a city. The Legislature
15
should revisit the county EDA legislation
and add specificity to other process and
limitations issues such as the local
recommendation committee.
LE-25. Infrastructure Funding
Options
Issue: Current infrastructure funding
options available to cities are inadequate.
Existing special assessment law, Chapter
429, does not meet cities' financing needs
because of the benefit requirement. The law
requires a minimum of 20 percent of such a
project to be specially assessed against
affected properties. In practice, however,
proof of increased property value to this
degree of benefit can rarely be proven from
regular repair or replacement of existing
infrastructure, such as streets or sidewalks.
Alternatives to the Chapter 429 methods for
financing infrastructure improvements are
nearly nonexistent.
The Legislature has given cities the
authority to operate utilities for waterworks,
sanitary sewers, and storm sewers. The
storm sewer authority, established in 1983,
set the precedent for a workable process of
charging a use fee on a utility bill for a city
service infrastructure that is of value to all
those in a city. Similar to the storm sewer
authority, a transportation or sidewalk utility
would use technical, well-founded
measurements, and would equitably
distribute the costs of local infrastructure
services.
Response: The Legislature should
authorize cities to create, as a local
option, additional utilities such as a
transportation or sidewalk utility. Such
authority would acknowledge: the effects
of repeated levy limits and the general
funding shift from the state to local
governments for building and
maintaining necessary infrastructure; the
benefits to all taxpayers of a properly
maintained public infrastructure; and the
limitations of existing special assessment
authority.
LE-26. Statutory Approval
Timelines
Issue: Since 1995, cities have been
required to act on written requests relating to
zoning, septic systems, the expansion of
Metropolitan Urban Service Areas (MUSA)
and other land use applications in
accordance to a statutory time period
generally referred to as the 60-day rule.
Pursuant _with Minn. Stat. § 15.99 state and
local government agencies must approve or
deny a permit within a statutory time frame,
and failure by the agency tO issue a specific
denial of the application with
contemporaneous written findings of fact
shall be deemed an approval. Recent court
decisions have made it clear the law needs to
be clarified making it more efficient and to
assist cities in providing accurate and timely
responses to applicants.
Resl~onse: The Legislature should
amend Minn. Stat. § 15.99:
To allow government agencies to
provide final written findings of fact
at the next official meeting of the
governing body.
· To allow an automatic extension of the
time limit an additional 60. days if the
agency votes down a resolution
granting the request, but does not vote
on a resolution denying the request.
· To make clear the 60-day time limit
begins at the point when a formal
complete written application is
received on forms provided by the city
with appropriate additional
supporting documents and including
the payment of fees if necessary.
16 ' League of Minnesota Cities
To increase the initial time limit to 90
days for municipalities with less than
5,000 population.
LE-27. Telecommunications
Restructuring
Issue: Facilities-based competition
for telecommunications services has failed
to emerge in many communities in
Minnesota despite enactment of the 1996
Federal Telecommunications Act. Outside
metropolitan areas and regional trade
centers, there is httle evidence of head-to-
head competition. Further, there is a lack of
coordination among federal, state, and local
policies aimed at encouraging competition.
Response: The Legislature should
recognize that lack of consumer choice is
a serious disadvantage in obtaining
advanced telecommunications services.
State lawmakers should support
measures to:
· Assure communities have affordable
access to state-of-the-art
telecommunications to strengthen
local economies, expand educational
opportunities, and improve quality of
life;
Gl:ge cities express authority to
provide state-of-the-art
telecommunications either as sole
operators or in partnership with other
providers;
Define a strategic leadership role for
state government by setting standards
and establishing goals for provision of
these services, eliminating barriers to
municipal entry, increasing customer
choice, and allocating resources; and
Restrui:ture telecommunications
regulation and subsidies to increase
investment in state of the art
telecommunications infrastructure
and services in high-cost areas and
low-income neighborhoods while
taking into account the effect on cities'
existing revenue streams.
IMPROVING SERVICE DELIVERY
SD-1. Redesigning and Reinventing
Government
Issue: Every level of government is
reevaluating, reprioritizing, redesigning, and
renewing its organizational structure and
programs in response to financial realities
and citizens' needs and problems. Reforms,
however, must be more than change for the
sake of change, or a reshuffling of existing
programs to appease the electorate. To be
meaningful, reorganization and
reassignments of governmental entities and
services should save money where feasible,
deliver improved services, serve essential
needs, and be equitably, structured. Cities
2001 City Policies '
have and will continue to pursue the use of
cooperative agreements, the reevaluation of
city programs and services, and changes to
organizational structures.
Response: The federal, state, and
county governments should:
· Ensure that in redesigning,
reinventing, or reassigning
government services and programs
that the appropriate level of service to
citizens is evaluated, and citizen
demands and expectations are
adequately addressed;
· Promote local efforts through
17
incentives, rather than mandates;
· Communicate and establish a process
of negotiation before shifting
responsibility for delivering services
from one level of government to
another, or seeking to reduce service
duplication;
· Transfer authority for use of revenues
dedicated to such programs, or
provide appropriate and adequate
alternatives;
· Identify and repeal programs or
discontinue services that are no longer
necessary, or which can readily and
fairly be provided by the private
sector; and
· Employ existing government entities
in redesign efforts rather than create
new agencies or units.
SD-2. Unfunded Mandates
Issue: The cost of federal and state
mandated programs substitute the judgment
of Congress, the President, the Legislature,
and the governor for local budget priorities.
These mandates force cities to reduce
funding for other basic services or to
increase taxes and service charges. The
passage by the Legislature of reporting
requirements for new state mandates, and
the passage by Congress of legislation
restraining new federal mandates, should
help address the problem, but other steps are
necessary.
Response:
Existing unfunded mandates should
be reviewed and modified or repealed
where possible.
No additional statewide mandates
should be enacted, unless full funding
for the mandate is provided by the
level of government imposing it or a
permanent stable revenue source is
established.
Cities should not be forced to comply
with unfunded mandates.
Cities should be given the greatest
flexibility possible in implementing
mandates to ensure their cost is
minimized.
SD.3. Civil Liability of Local
Governments
Issue: One of the barriers to the
delivery of governmental services and
programs is the exposure of local
governments and their officials to civil
damage claims. The state has acted to
protect itself and its local governments by
enacting exceptions and limitations to
liability suits, and authorizing self-insurance
and other mechanisms to deal with claims
allowed by law.
Response: The League supports:
· Creating an exception to municipal
tort indemnification law (MN Stat. §
466.07) where an employee is
defended and indemnified for claims
under a contract of insurance carried
by the employee.
· Extending the protection of the state
and municipal tort claims act to quasi-
governmental entities when
performing public services such as
firefighting;
· Existing constitutionalsafeguards for
protecting public and private property
interests without any statutory
expansion of property rights; and
· Clarifying and maintaining the
applicability of municipal immunity in
various areas including, but not
limited to, park and recreational
immunity~ including the extension to
entities providing a public service that
have not traditionally been included
within the immunity (e.g. state trails
over municipal utility easements) and
18 League of Minnesota Cities
vicarious official immunity.
SD-4. Environmental Protection
Issue: Cities demonstrate strong
stewardship for the protection and
preservation of the environment. Minnesota
raunicipalities have historically been the
leading funding source for environmental
protection and improvements. Municipal
efforts include environmental protection
through wastewater treatment, wetland
restorations, stormwater treatment, public
utility emission reductions, brown_field
cleanup, safe drinking water programs as
well as others.
However, at some point the diminishing
or nonexistent environmental benefit
received from addition efforts is fiscally
irresponsible. Often, the programs are
improperly designed to meet their stated
goals. Additionally, the absence of funding
by the state and federal governments has
removed an essential restraining feature in
program design and implementation.
Agencies are less accountable to the
govermnents that mandate environmental
programs when they do not have to find the
money to implement the programs.
Specific problems faced by cities include
the following:
New programs or standards are
continually adopted without regard to
the existence, attainability, or cost of
existing programs and standards.
Regulatory bodies fail to consistently
use good science and the most current
and accurate data when establishing
water quality standards.
Regulatory bodies impose new permit
requirements without going through
rulemaking. Instead, the agencies rely
on internal documents, program
strategies, and "best professional
judgment of staff" when setting permit
criteria.
· Regulatory bodies approve permits and
programs that compete with traditional
municipal services and encourage urban
sprawl. This behavior puts at risk the
public investments and growth
management efforts cities have made
when planning for future development.
· Permit fees and other cost transfer
elements of federal and state programs
do not provide an incentive for
environmental agency efficiency, policy
prioritization, or risk assessment.
· Third party environmental advocacy
groups create significant hardships on
cities by threatening litigation even
when hard science may not support the
groups' positions.
Response:
Alternative wastewater treatment and
co°perative Service systems should be
prohibited from operating in areas
that can reasonably and effectively be
served by existing municipal systems
unless:
· The municipal system is proven to
be substantially less cost-effective
and substantially less beneficial to
the environment; and
· the operation of these systems will
not create a stranded public
investmentin the existing system.
Sufficient state and federal financial
assistance should be provided to assist
local governments when complying
with state and federal infrastructure
requirements, particularly with
regard to wastewater, stormwater,
and drinking water facilities.
The MPCA should streamline its
permitting and reissuing processes to
allow for effluent standards and
permit requirements to be known
earlier, thereby giving communities
more time to defend against contested
2001 City Policies ' ' 19
case hearings.
The Legislature should require the
MPCA to make its determination
regarding the re-issuance of a permit
within a reasonable set time period
and require the M~CA to reissue the
permit within a reasonable set time
frame.
Legislation should be passed that
requires state agencies to establish
permit requirements only when the
criteria they are using is developed
through the rule making process.
The LMC should join with other like-
minded organizations to contest
though judicial means various
regulatory activities of state agencies
and advocacy groups.
SD-5. Election Issues
Issue: Delays and lack of funding at the
state level have prolonged the wait for cities
to have direct access to the statewide voter
registration system. Lack of access
increases the time and cost to process new
voter registrations, update voter files and
verify voter information in a timely manner.
Res£onse: The Legislature should
provide funding to allow more cities
direct access to the statewide voter
registration system.
SD-6. Local Election Authority
Issue: Previous legislatures restricted
city authority to schedule city elections and
establish terms of office for local elected
officials, thereby diminishing regard for the
role of local self-government, particularly
when st~/te policy preempts home rule
authority governing city elections. Statutory
cities currently lack authority to create
wards.
Response: The Legislature should
oppose further limits on either the
number or the length of terms city elected
officials may serve, particularly when
those .terms have been established by
voters in home rule charter cities. State
policy on uniform elections should
continue to recognize and uphold local
authority to schedule city elections in
November of either even- or odd-
numbered years. The Legislature should
support provisions to give statutory cities
general authority to create wards.
SD-7. Election Judge Appointment
Issue: It is increasingly difficult for
local election officials to comply with
statutory requirements that election judges
serving at precinct polling places be persons
identified as members of major political
parties. The requirement presents a growing
concern in obtaining qualified election
judges and a serious obstacle to efficient
election administration at the local level.
Response: The Legislature should
eliminate election judge appointment
criteria requiring persons seeking
appointment as local election judges to
designate a political party.
SD-8. Election Judge
Compensation
Issue: People willing to serve as
election judges are often discouraged from
doing so because the city is not authorized to
accept their service as a volunteer or to
contribute their compensation to local
charities or community nonprofit
organizations.
Response: The Legislature should
authorize cities to allow election judges to
direct that their pay be donated to a local
20 League of Minnesota Cities
charity or community nonprofit
organization of their choice.
SD-9. Counting Write-In Votes
Issue: Requirements for recording
and reporting votes cast for fictitious and
undeclared write-in candidates are
unproductive, time consuming and do not
serve to increase voter confidence in the
outcome of the election. Despite actions of
the 2000 Legislature requiring write-in
'candidates for state offices to file an
affidavit of candidacy prior to election day.
in order for votes for such candidates to be
reported, election judges continue to be
required to count write-in votes for
candidates for judicial offices.
Response: There should be no
requirement to tabulate or report write-in
votes cast for fictional or celebrity write-
in candidates or for those other write-in
candidates for judicial offices who have
not officially declared their interest in
seeking office.
SD-10. City Costs for Enforcing
State and Local Laws
Issue: Cities experience substantial costs
enforcing state and local laws, particularly
those related to traffic, controlled
substances, and incarceration of prisoners.
The current method in our criminal justice
system of recovering costs for law
enforcement and prosecution through fmcs
is insufficient to meet the costs incurred by
local governments.
_Response: The Legislature should
review this issue and adopt measures that
provide for complete reimbursement of
the costs incurred by local governments in
enforcing state and local laws. Solutions
that should be considered include the
following:
· Increasing fine amounts;
· Removing or modifying county and
state surcharges that conflict with cost
recovery principles; and
· Requiring the defendant to pay the
full costs of enforcement and
prosecution as part of any sentence.
SD-II. Design-build
Issue: The standard bid procedure cities
are required to use in selecting contractors
for municipal buildings can be quite costly.
Private sector development uses a process
known as "design-build" in which various
firms submit project proposals that- include
both a design and the construction costs for
that design. The selection is then based on
the total package. By granting specific
statutory authority to use the design-build
alternative to the Metropolitan Sports
Facilities Commission and state agencies,
including the Department of Revenue, the
Legislature has recognized the financial
savings it can provide. In documented
instances, cities have saved taxpayers up to
10 percent of the total project cost by using
the design-build alternative.
The design-build process also permits
improved project management and
oversight. However, absent statutory
authorization to use this alternative, cities
are vulnerable to lawsuits from unsuccessful
bidders. In addition, the design-build
process for playground equipment can
encourage greater creativity while
maintaining cost controls. Special
legislation was enacted for the city of
Chanhassen in 1995 to experiment using this
process for purchasing playground
equipment.
Response: The Legislature should
authorize an extension of the design-build
procedure to cities as a less expensive
alternative to the standard bid procedure.
2001 City Policies · 21
SD-12. Providing Information to
Citizens
Issue: To keep the public updated and
informed, state law requires local units of
government to publish various notification
documents in newspapers, and often dictates
which newspapers receive cities' publication
business. The number and variety of
documents required to be published and the
costs of publication are burdensome.
Technological advancements have expanded
the ways government can provide
information to citizens. In many cases,
these new technologies are more efficient
and cost effective.
Response: Cities should be authorized
to take advantage of new techno!ogies to
increase the dissemination of information
to citizens and potentially lower the
associated costs. Specifically, the
Legislature should authorize local units of
government 'to designate an appropriate
daily/weekly publication, elect alternative
means of communication such as city
newsletters, cable television, and the
Internet, and expand the use of
summaries where information is technical
or lengthy. Additionally, the Legislature
should eliminate outdated or unnecessary
publication requirements.
SD-13. Creating a Minnesota GIS
Program
Issue: Local governments are finding
geographic information systems (GIS) an
essential tool for comprehensive land use,
real estate, environmental, and other land
management information. In many counties,
maintenance of official land records has not
been automated, creating a barrier to GIS
development. In addition, the start-up costs
of GIS implementation can be prohibitive.
22
Response: The Legislature should
encourage local government
implementation of GIS through grants
and/or the dedication of a revenue source
such as real estate transaction fees. In
addition, cities should be involved in the
development of county land records
modernization plans.
SD-14. State Regulation of
Massage Therapists
Issue: The state does not currently
regulate massage therapy, an emerging and
rapidly growing profession. In order to
control prostitution and to provide for health
and sanitation standards, several cities have
entered the traditional state domain of
health-care licensure by enacting ordinances
that require all massage therapists to obtain
a local professional license. These
ordinances allow local law enforcement
officers to differentiate between legitimate
massage therapists, who have a city license,
and prostitution businesses fronting as
massage therapy establishments.
The lack of statewide regulation of
massage therapists has hampered law
enforcement techniques, and has caused
problems for cities attempting to regulate an
entire health-care profession without any -
statewide standards. Currently, 25 states
regulate massage therapists on a statewide
level. Statewide regulation of massage
therapists would provide a clear set of
educational standards that massage
therapists must meet, and would provide
local law enforcement agencies with an easy
tool to distinguish between prostitution and
legitimate massage therapy. Statewide
regulation would not disturb traditional
powers over land use and business licensure.
Response: The League supports the
statewide regulation of massage therapists
in order to aid local law enforcement
League of Minnesota Cities
efforts at controlling prostitution and
other criminal activity.
SD-15. Private Property Rights and
Takings
Issue: The Legislature has been
introducing an increasing number of bills
designed to diminish or control local
governments' ability to exercise traditional
planning and zoning authority and eminent
domain powers. Legislation to control
cities' abilities to perform regulatory acts
such as road right of way condemnation,
shooting range zoning and amortization
received strong support from legislators. In
addition, bills have been introduced to
codify the property rights section of
Minnesota's Constitution.
The Federal Swamp Buster/Sod Buster
programs, the Army Corps of Engineers'
dredge and fill programs, and the State's
Weflahds Conservation Act and Community
Based Planning Act, appear to be the nexus
for much of the property rights and takings
legislation proponents.
The League supports local governments'
ability to balance the rights of private
landowners with the interest of the public.
However, the League is concerned various
legislative initiatives will adversely impact
cities in three ways. First, such legislative
initiatives undermine the fundamental
authority of cities to protect the public
health, safety, and welfare of its citizens.
Second, if the Legislature acts to codify part
of the Minnesota Constitution, an argument
may be made that the Legislature intended
to create new causes of action against cities.
This would encourage more lawsuits and
expose cities to the expense of defending
those cases. Third, by changing the state's
eminent domain law, including "quick take"
provisions, municipal condemnation will be
2001 City Policies '
come more costly and take longer to
conclude.
Response: The League encourages the
state and federal governments to improve
their regulatory programs by eliminating
property rights issues that were caused by
the adoption of such laws as the Wetlands
Conservation Act or Swamp Buster/Sod
Buster. The League opposes legislation
that diminishes the ability of cities to act
in the best interests of the health, safety,
and welfare of its citizens, that increases
the cost of doing business for the public
good, or that creates the possibility of
additional lawsuits against cities.
SD-16. Construction Codes
Issue: Each year the Legislature
addresses construction codes issues that
have some impact on local governments.
For example, the Legislature mandated
bleacher safety code requirements and is
exploring the idea of having both the fire
and building officials approve building
permits.
In addition, the Construction Codes
Advisory Council has indicated it may be
recommending legislation to institute an
appeals process for disagreements over the
application or interpretation of various
construction codes and to establish a
statewide building code. The International
Organization for Standardization (ISO) has
been evaluating Minnesota's building codes
and enforcement. There is some expectation
on the part of council members that ISO will
act as the catalyst for a statewide building
code.
While all cities must enforce certain
codes, such as the accessibility code, the
electrical code and the bleacher safety code,
the state's building code remains a local
option for cities outside the metropolitan
area. Many Greater Minnesota cities have
23
adopted the state building code and ail cities
within the seven-county metropolitan area
are required to adhere to the state building
code.
Response: A building code provides
many benefits including uniformity of
construction standards in the building
industry, consistency in code
interpretation and enforcement, and life
safety guidance.
A statewide-enforced building code
may have benefits, but requiring it would
result in an unfunded mandate. The
enforcement of a building code can be
cost prohibitive for many cities due to the
expenses and overhead reIated to staffing
vs. the limited building activity occurring
in some communities.
The League supports adoption of a
state building code so long as there is not
mandatory enforcement at the Iocal level.
The adoption of an enforced state
building code should remain a local
option for municipalities outside the
seven-county metropolitan area, unless
the state fullY funds the costs of
enforcement and inspection services
necessary to enforce a statewide building
code. In the event the Legislature
requires an enforced statewide building
code, local governments must have the
option to hire or select a building official
of their choice and set the appropriate
level of service, even ff the state fully
funds code enforcement activities.
An appeals process would provide an
excellent forum to resolve code disputes.
To the extent the insurance industry is
concerned about insuring structures not
built to code, the industry should drive
code compliance by issuing policies or
setting rates based on whether the
structure meets various code
requirements.
24 '
Finally, the Legislature should work
with cities and the Department of
Administration in determining the best
method to designate a municipality's
building official and in clarifying the
distinction between administering and
enforcing the building code and the
administrative duties of a city when
operating a building code department or
managing staff.
SD-17. Fees for Service
Issue: Interest is increasing at the
Legislature and among interest groups to
mandate to local governments specific fee
limitations for various municipal services.
Examples of legislation include building
permit fee legislation and coin operated
amusement machine license fee legislation,
both designed to rigorously control local fee
setting authority. This stems, in part, from a
belief of some that plan cheek fees, license
fees, and other municipal fees for service do
not reflect the actual benefits received.
Additionally, other groups have
begun discussing the value of fees for
providing services. Recently, the Citizens
Jury explored the value of fees for service
and gave limited acknowledgment of the
value fees may have in providing core
municipal services. The media has entered
the discussion, as well, urging the public and
policy makers to monitor fee-setting
processes.
Response: While the state has a role
in providing a general statewide funding
policy, the state should not interfere in the
simple budgetary decision-making
functions performed by cities.
The League supports the Legislature
endorsing local government authority to
charge fees that are reasonably related to
the cost of providing the service, permit,
League of Minnesota Cities
or license and acknowledging there are
other associated costs inherent in the
provision of those services, permits, or
licenses.
However, cities oppose any move to
legislate specific methods to pay for
municipal services or place caps on
license fees or other fees. General
services such as permitting, inspections,
or enforcement are best funded out of a
city's general fund. Cities are better
prepared than the state to make local
budgetary decisions when providing local
services.
SD-18. State Appropriation for
Government Training Service
Issue: In 1977, the Government
Training Service was created in order to
provide a coordinated response to the
training needs of state and local
governments. GTS was charged with
coordinating the needs of the state, cities,
counties, townships, and school districts,
with the delivery capability of the state's
institutions of higher learning and other
continuing education service providers.
State financial support of GTS is
important. Many cities and other local
governments find it difficult to adequately
fund official and staff training. GTS
provides a cost-effective mechanism for
taking advantage of the efficiencies of
cooperation.
Response: The League supports the
state general fund appropriation for the
Government Training Service.
SD-19. Public Safety Spectrum
Needs
Issue: Cities have benefited from
successful efforts at the federal level to gain
2001 City Policies '
access to exclusive radio and wireless
communications capacity for state and local
public safety spectrum. For future
interoperability, cities will need additional
spectrum to ensure public safety agencies
can communicate with each other and with
surrounding jurisdictions.
Unless secured for public safety
purposes, allocation .of spectrum in the 138-
144 MHz band is likely to be auctioned off
to the highest bidder for private use.
Spectrum in the 800 MHz range requires
many more sites to cover the same
geographic range and uses more expensive
radio equipment. Although many local
public safety agencies are moving to new
800 MHz systems, others will need to
remain in lower frequency bands.
Equipment in 800 MHz range does not
communicate with many of the existing
public safety systems that operate at lower
frequencies.
Response: The federal government
must make sufficient spectrum available
to allow public safety agencies that
require multi-agency communications to
respond to accidents, disasters, and
criminal activity that cross jurisdictional
boundaries.
The Legislature should not force cities
t° modify current public safety
communications or become part of the
800 MtIz radio system until the city
chooses to do so. Rather, the Legislature
should provide for a transition that
guarantees uninterrupted service that is
capable of communicating among local
public safety agencies, while allowing
cities to form coordinated dispatch and
services. Regional funding of such
systems should be considered taking into
account the useful life of current systems.
25
SD-20. Joint and Several Liability
Reform
Issue: Under joint and several
liability, a party named in a lawsuit can be
held liable for an entire damage'award even
if they are not found to be substantially at
fault. Accordingly, cities as '~deep pockets"
often are brought into lawsuits where it is
likely that other named defendants are
uninsured or otherwise unable to pay. Cities
will often settle these cases due to the high
degree of exposure and, at minimum, are
almost always responsible for their defense
attorney's fees. Joint and several liability
results in cities paying for others'
negligence.
Res£onse: The Legislature should
eliminate or severely restrict the
application of joint and several liability to
situations where private and public
entities are substantially at fault for the
damages incurred.
SD-21. Competitive Bid Threshold
Increase
Issue: The 2000 Legislature passed
and the Governor signed into law an
increase in the spending threshold under the
uniform municipal contracting law. Under
the uniform municipal contracting law, a
city must bid out all purchases of supplies,
materials, equipment, rental of equipment,
as well as construction, alteration, repair or
maintenance of real or personal property
when the estimated amount of the contract
exceeds $35,000 for municipalities of less
than 2,500 population, or $50,000 for all
others. The law also requires that purchases
between $ I 0,000 and $25,000 be let with
either sealed bids or through direct
negotiation by obtaining two or more
quotations. However, this increase does not.
apply to other local contracting provisions in
the special assessment and public
improvement statutes.
ReS£onse: The Legislature should
pass legislation to make the contracting
threshold provisions consistent among all
local government contracting provisions
retroactive to August 1, 2000.
SD-22. Membership in Watershed
Management Organizations
Issue: In 1999, the Legislature
enacted a restriction that will prevent city
employees from serving on watershed
management organization boards. The
restriction will prevent city staff, who may
have an interest and expertise in watershed
management issues from serving on a
watershed management board.
Resj~onse: Elected city councils
have ultimate oversight of the functions of
watershed management organizations.
The state should repeal the membership
restrictions for watershed management
organization boards. In addition, the
state should provide an exception to the
watershed district law to'allow cities to
recommend individuals who do not live in
the watershed to serve on the watershed
district boards when a portion of the
watershed is located in the city but no one
lives in that area.
SD-23. Legalization of Fireworks
Issue: Fireworks products can cause
serious injuries and fire loss. Fireworks have
been illegal in Minnesota since 1941, and
legalizing them would undermine fire
prevention efforts. Legalizing fireworks
would increase public safety enforcement,
emergency response, and fire-suppression
costs.
26 , League of Minnesota Cities
Response: The League opposes the
legalization of fireworks.
SD-24. 911 Funding
Issue: As cities struggle to afford to
maintain and improve the hardware,
software, and training to provide 911
services, costs continue to rise, and many
cities are forced to choose between bearing
all costs or making incremental
improvements to their systems.
Response: The League supports
an adequate state funding source for the
upgrades and modifications of 911 and
related systems that will allow cities to
provide effective, reliable emergency
communications services.
SD-25. On-SaIe Liquor or Wine
Licenses to Performing Theaters
and Cultural Centers
Issue: Performing theaters and
cultural centers are not one of the qualifying
entities to which municipalities may issue
on-sale liquor or wine licenses. Several
theaters have received special legislation
that allows their municipalities to issue on-
sale liquor or wine licenses to them. This
practice interferes with the ability of
municipalities to control the placement and
operating manner of these entities.
Response: The Legislature should
authorize municipalities to issue on-sale
liquor or wine licenses to performing
theaters and cultural centers subject to
restrictions imposed by the municipality.
SD-26. City Use of Credit Cards
Issue: Minnesota Law currently
provides implied authority for city use of
credit cards. During the 2000 legislative
session, the Legislature granted explicit
statutory authorization for county boards to
authorize officers or employees otherwise
authorized to make purchases to use credit
cards.
Response: The Legislature should
clarify state statute to explicitly authorize
city councils to authorize city officers and
staff otherwise authorized to make
purchases to use credit cards.
SD-27. Youth Access to Alcohol &.
Tobacco
Issue: The minimum age to
purchase tobacco in Minnesota is 18. Cities
have an interest in preventing their youth
from obtaining these products. To this end,
many cities operate compliance check
programs in an effort to discern the current'
level of youth access and to reduce youth
access.
Response: The League opposes
any proposal that could result in
increased risks of youth access to alcohol
and tobacco products and expanded off-
sale venues for the sale of such products.
The League supports statutory changes
that assist in reducing youth access to
alcohol and tobacco products. The
League supports mandatory alcohol
compliance checks with state funding
initiatives to support locally-determined
compliance efforts. '
SD-28. Library Funding
Issue: Many community libraries in
Minnesota are city owned. Although
located in an individual community, city
libraries serve a much wider area. Local
libraries need to be improved in order to
provide access to both written and electronic
media to enhance the educational capacity of
both adults and children.
2001 City Policies ' 27
Response: The League supports a
state matching grant program to provide
dollars to assist communities to work in
partnership to build and improve
libraries.
HUMAN RESOURCES & DATA PRACTICES
Human Resources
Issue: Many state laws increase the
cost of providing city services to residents
by requiring city governments to provide
certain levels of compensation or benefits to
public employees, by specifying certain
wor~ng conditions, or by limiting city
governments' ability to effectively manage
their personnel resources. For instance,
existing state laws limit governments'
ability to effectively address incompetence
or misconduct of city employees specifying
certain procedures to be followed or
standards of conduct.
Response: The state government
should refrain from passing laws that
regulate the public sector workplace, and
should repeal or modify problematic
existing laws and regulations to
encourage full local accountability.
federal government's labor and
personnel laws were in their infancy.
It is likely the Legislature will find
parts of the law need modernization.
HR-2. Discipline and Discharge
Veterans' Preference. The state
should modify veterans' preference
and civil service laws that restrict the
ability of local governments to
effectively discipline public employees.
The LMC urges Legislature to make it
a priority to amend the law to address
the following two points:
remove the right to multiple,
duplicative disciplinary
proceedings; and
exclude probationary period
employees from veterans
preference termination law
protections.
The League of Minnesota Cities
proposes the following initiatives and
reforms:
HR-1. Veterans' Preference
The Legislature should conduct a
study of Minnesota's veterans'
preference law to determine its
effectiveness and efficiency in light of
today's employment laws, statutes,
and regulations. Minnesota's
veterans' preference protections were
created at the turn of the 19th
Century. These protections were
designed to assist veteran employees
at a time when MinnesOta's and the
In addition the law should be
amended to limit any back-pay claims
to a maximum of $100,000; to limit the
period in which to request a hearing
to 20 days (from the current 60 days);
to require parties to select their
hearing panel representative within 10
days after notice has been given to the
employer that the veteran employee is
seeking a veterans' preference
hearing; and, to require the panel to
hear the petition within 30 days after
the third panel representative is
selected and issue a decision within 30
days following the hearing.
28 ' League of Minnesota Cities
Compensation Limits
The Legislature should acknowledge
that all state and local governments,
not just schools districts, must be
competitive in recruiting and
retaining upper level management
employees.. In addition, there is no
correlation between the compensation
of citizen volunteers and career public
sector professionals. Therefore, the
state shouId repeal laws limiting the
compensation of a person employed
by a statutory or home rule charter
city to the governor's salary.
The Legislature should repeal laws
limiting the compensation of all public
employees. The Governor's salary cap
limits the ability of public sector
employers to attract and retain
qualified employees.
HR-4. Public Employees Labor
Relations Act (PELRA)
The state should modify the definition
of public employee under PELRA by
removing the existing 14-hour / 67 day
requirement and replace it with a
def'mition in which employees must
work more than an annual average of
20 hours per week.
Temporary or seasonal employees
should be excluded from the PELRA
definition of public employee in Minn.
Stat. § 179A.
HR-5. Re-employment Benefits
Public sector temporary or seasonal
employees should not be eligible for
re-employment benefits.
HR-H6. Essential Employees
· Cities must balance the health,
we/fare, and safety of the public with
the costs to taxpayers. Therefore, the
Legislature should carefully examine
2001 City Policies ·
requests from interest groups seeking
essential employee status under Minn.
Stat. § 179A (PELRA). The League
opposes legislation that mandates
arbitration that increases costs and
removes local decision-making
authority.
Pensions
The state should amend the open
meeting law to clarify that the open
meeting law applies to volunteer
firefighter relief associations and local
salaried police and firefighter relief
associations.
The state should adjust the eligibility
thresholds for public pensions to
reflect real dollars in today's economy
and index the threshold for automatic
future adjustments.
The League opposes special legislation
for individual employee pension
benefit increases unless they are
initiated'and approved by the city
council Of the impacted city.
HR-8: Public Employees
Retirement Association (PERA)
Coordinated Plan Funding
Deficiency
Issue: Recent analysis has demonstrated
that the PERA coordinated plan has been
using overly optimistic actuarial
assumptions for several years. The plan is
expected to need additional funding of more
than $100 million a year over the next 25
years to cover projected pension benefits. If
the additional funding comes exclusively
from employer and employee payroll
contributions, the increased contributions
would be 30 percent higher than current
levels. Contribution rate increases may
reduce employee's take-home pay, strain
local budgets, and result in property tax
increases.
29
Response: City officials recognize that
employer and employee contribution rate
increases are an important part of the
funding solution. To reduce the
magnitude of the increases, the
Legislative Commission on Pensions and
Retirement should:
Supply PERA with state aid funded
through reduced contributions to the
Teachers' Retirement Association and
the Minnesota State Retirement
System. In 1984, PERA and MSRS
sufficiencies were similarly
transferred to TRA when it was
under-funded.
Implement pro-rated service credit.
PERA is the only major Minnesota
pension plan that awards a full-year's
service credit to part-time employees.
Exclude ail seasonal employees from
participation in PERA.
Explore the possibility of former
employees taking refunds by offering
a portion of employer contributions as
part of the refund.
Reduce the guaranteed interest for
deferred members' benefits.
Increase the plan's vesting period
from 3 to 5 years prospectively.
Increase the amortization period for
the plan's unfunded liability from 20
to 30 years.
Restructure the POST fund in one or
more of the following ways:
1. Eliminate the POST fund and
combine the assets and liabilities of
retirees with the active fund.
2. Redirect some excess POST fund
earnings to the active funds.
Currently, retirees are given all
the benefits of high rates of
investment return, and are also
guaranteed annual increases even
in years of poor investment
performance.
3. Pay excess mortality costs (when
pensioners live longer than
expected) out of the post-
retirement fund rather than the
'active pension funds.
4. Spread POST fund investment
returns over a 10-year period
rather than a 5-year period.
Not approve any benefit changes that
increase the ongoing cost of the plan.
HR-9. Age Certificates/I-9 Forms
The federal I-9 form requires
employers and employees to report
the same information required by
Minnesota's age certificate. The state
should repeal Minn. Stat. § 181A.06
and endorse the federal I-9 form to
verify age information, and eliminate
redundancy for employers and
employees when reporting
information.
HR-lO. Employer Reference
Immunity
The Legislature should enact
legislation that provides limited
immunity to cities when giving
accurate written disclosure of
information regarding employment
related references. This legislation
should not undermine the immunity
found in the Data Practices Act.
HR-11. State Paid Police and Fire
Medical Insurance
The state should fully fund programs
that pay for health insurance for
police and fire employees required
under Minn. Stat. § 299A.465, as
amended in 1997, for police and fire
employees hurt or killed in the line of
duty.
The Legislature should clarify
whether Minn. Stat. § 2993,.465
30 League of Minnesota Cities
applies to injuries incurred prior to
June 1,1997 (the effective date of the
law).
The Legislature should clarify the
amount of an employer's contribution
under Minn. Stat. § 299A.465 and
whether it changes over time.
HR-12. Breathalyzers
· Minn. Stat. § 181.950-.957 should be
amended to permit the use of
breathalyzers as an acceptable
technology for determining alcohol
use. Currently, breathalyzer use is
permitted under federal and state
commercial drivers' laws. -
HR-13. Preservation of Local
Decision-Making Authority on
Employment Related Issues
· The League supports local decision-
making authority, and opposes
legislation intended to interfere in
local decisions.
HR-14. Drug and Alcohol
Rehabilitation
· Minn. Stat. § 181.953, subd. 10(b), an
employer cannot terminate an
employee for a positive controlled
substance test without first providing
the employee a chance for
rehabilitation and treatment.
Recently, some cities have been
advised that this law applies to
"probationary" employees as well as
permanent employees. Therefore, the
League supports a legislative change
to clarify that the state law on drug
and alcohol rehabilitation and
treatment does not apply to
probationary employees.
2001 City Policies
HR-15. Health Care Insurance
Programs
The League supports voluntary
participation in programs designed to
provide for post-retirement health
insurance benefits or in health
insurance plans structured to pool all
public employees.
Data Practices
DP-1. Public Access to
Information
· Cities (and other state and local units
of government) are required to
establish policies and make clear to
the public procedures for obtaining
access to data classified as government
public data. These requirements must
accord local officials flexibility to
establish policies and procedures that
. reflect the availability of resources
and existing formats in which
information is maintained and
organized.
DP-2. State Model Policies and
Training
The Department of Administration is
required to provide model policies and
training assistance to cities in
complying with the Government Data'
Practices Act (GDPA). The
Legislature must continue to fully
fund the on-going costs of GPDA
compliance training and education
and directly involve local officials in
the development and implementation
of training activities. -
DP-3. Tennessen Warning
Changes enacted in 1999 addressed
only the school district portion of the
issues facing local government
employers when complying with the
31
employee notice requirements of the
Tennessen warning. The Legislature
should limit compliance with notice
requirement to initial hiring
procedures. The initial hiring notice
Will cover subsequent disciplinary or
other personnel-related actions that
are likely to adversely affect the'
individual's employment status.
DP-4. Violations of Government
Data Practices Act
· In some circumstances, local
government compliance with the
Government Data Practices Act is
hampered by fears of punitive legal
action against public employees
responsible for responding to requests
for information while also protecting
data classified as private or nonpublic.
The Legislature should maintain
current damage award requirements
for willful violations of the GDPA.
DP-5. GDPA Compliance in
Contracting
· The 1999 Legislature imposed
requirements on the private sector to
comply with the Government Data
Practices Act when under contract.
Despite assurances to the contrary, .
testimony in support of these new
requirements generally supported
imposing these obligations whenever
government contracts with the private
sector to provide public services. The
Legislature should clarify that the
1999 changes in GDPA requirements
for access to public government data
pertain solely to the contract product
delivered by the private sector.
THE LEAGUE SUPPORTS THE
FOLLOWING POLICIES
REGARDING FEDERAL
EMPLOYMENT LAW:
FED-1. FLSA/Overtime
Compensation
· The Fair Labor Standards Act
(FLSA) was designed for private
employer - employee relations.
Government employees were exempt
for over 100 years. Through a series
of court decisions, this statute is now
applied to local governments. Certain
exceptions for state and local
government employees should be
reinstated by statute to allow for
prinifiples of public accountability and
record keeping.
FED-2.
Rights
Peace Officer Bill of
Congress should oppose a federal
peace officer bill of rights because it
will only compound the difficulties
with internal investigations, local
enforcement and diminish local
accountability.
FED-3. Portability of Deferred
Compensation
Public sector employees are
increasingly changing jobs between
the public and private sectors.
Congress should enact legislation that
would permit tax deferred rollovers
between public and/or private
deferred compensation plans to
improve the portability of funds.
FED-4. Medicare/Medicaid
Premium Disbursements
Minnesota continues to be a net loser
in federal Medicare and Medicaid
premium disbursements. Congress
should recognize this disparity and
32 League of Minnesota Cities
provide Minnesota with a more
balanced and representative share of
the costs of providing health Care
under Medicaid and Medicare.
ELECTRIC RESTRUCTURING
Introduction: Cities have a strong interest.
in the public policy debate about electric
xestmcturing or deregulation. Minnesota '
already enjoys some of the lowest average
electric rates in the nation. The case has yet
to be made that deregulation will result in
either lower rates or improved service for
consumers.
Issue: For many decades, electric
service to Minnesota citizens has be6n
delivered through a combination of investor-
owned utilities (IOUs), municipal utilities,
and rural electric cooperatives. This system
has served Minnesota well, delivering
reliable, universal service at rates among the
lowest in the country.
In recent years, many have begun to
promote "deregulation" or "restructuring"
of the industry, meaning that electric service
'would no longer be a franchised monopoly.
A number of states, primarily those with
high electric rates, have taken steps to move
toward such restructuring. In most of these
cases, transmission and distribution remain
regulated, with retail competition allowed
for generation source.
Advocates of restructuring argue that such
competition will lead to lower rates.
However, estimates by the federal Energy
Information Agency* are that while the
upper Midwest, including Minnesota, will
experience slightly lower rates in the short
term, longer-term rates may actually be
higher under restructuring. Concerns have
also been expressed as to whether residential
customers, and those in rural and other
* EIA is the nonpartisan research arm of the
U.S. Department of Energy.
2001 City Policies '
harder-to-serve areas will actually
experience decreased reliability and
increased rates.
Local elected officials have the
primary responsibility to the citizens of their
cities to make certain restructuring that
allows retail competition is as beneficial to
the citizens as it is to the industry.
Beneficial to the citizen means that all
Minnesotans experience the same reliable,
high-quality, universal, and low-cost service
they experience Under the current system of
electric power delivery.
City residents have a strong interest
in the outcome of this important public
policy debate. Cities are substantial
consumers of electric power. Over 180
cities have 10 percent or more of their
property tax base in electric industry
property, while others collect franchise fees
and/or sales taxes on 'electric purchases
within their boundaries. Citizens in 126'
Minnesota communities currently receive
economical electric service from municipal
utilities, which make payments-in-lieu of
taxes to help support city services.
Significant increases in the cost of electric -
power for city operations or losses of these
traditional sources of revenue will result in
property tax increases.
Response: The federal government
should not mandate restructuring; the
decision should be left to the states.
The Legislature should continue to
follow a slow, deliberative approach,
taking time to consider how alternative
models for delivering electric power will
affect the state's traditional benefits of
33
reliable, universal, high-quality and low-
cost service. The public policy discussion
should be focused on actual benefits to
citizens, rather than on ideological
arguments, stakeholder interests, and
over-reliance on simplistic objectives like
"consumer choice." Those advocating a
change should bear the burden of proof to
demonstrate that restructuring and
deregulation will, at a minimum,
maintain Minnesota's high-quality, Iow-
cost, and reliable service. Only when that
burden of proof has been met should
restructuring occur.
The following public policy goals
should be incorporated into any
legislation restructuring thc electric
industry:
Adequate Supply and Demand
The state's current generation and
transmission capacity is inadequate to
meet projected future needs. No new
significant capacity has been built since
the 1980% (Sherco 3). Current regulatory
and other governmental policies serve as
a disincentive to meet customer demand.
The state should review and amend these
policies as necessary to encourage
development of adequate capacity and
reliability.
Consumer Protection
Consumer interests must continue
to be protected, especially for the most
vulnerable populations. Reliable service
must be universally available and
programs such as cold-weather shut-off
rules should be continued either as
requirements for all market participants
or as separate state programs.
Environmental Concerns
The environment must be
adequately protected, with conservation
and renewable energy efforts increased.
The federal government must review the
appropriateness of current environmental
regulations and their effect in a
deregulated market; for example,
exemptions from the Clean Air Act for
some generation facilities.
Fair Market Competition
To ensure fair market competition,
the federal and state governments must
have the authority to review mergers to
prevent abuse of market power.
Cities must remain viable
competitors in the electric market.
Municipal utilities must be granted
exemptions from rules like the open
meeting law and data practices
requirements where they hamper the
ability to effectively compete with private
companies. To ensure adequate service to
every citizen, cities and other local
governments must maintain their ability
to issue tax.exempt bonds for
construction of electric infrastructure,
and be given explicit authority to -
aggregate or municipalize provision of
electricity.
Local Authority
Cities must maintain their
traditional authority over land use,
zoning, rights-of-way management and
cost recovery, as well as the ability to
franchise providers and to receive
payments-in.lieu of taxes from municipal
utilities. Cities' authority to negotiate
34 League of Minnesota Cities
siting fees and agreements for proposed
generating facilities should be enhanced.
To avoid unnecessary demand for
the limited space in public rights of way,
open access to transmission and
distribution facilities should be
maintained through regulation.
As the electric market is opened to
interstate competition, the federal
government must preserve the application
of Minnesota's state and local sales taxes
to the sale of electricity, regardless of the
place of origin.
Stranded Cost Recovery
Issue: Regulated utilities have
traditionally made operating decisions based
on needs of consumers within their service
territories. Many decisions, therefore, have
been based more on need than on
economics. In the transition from a
regulated to a restructured competitive
envkonment, electric generators'
investments in fixed assets and other
obligations may or may not remain as
economically viable. Estimates of these
"stranded costs" vary greatly, with some
indicating no stranded costs or possibly even
negative stranded costs resulting from
increased prices after deregulation in
Minnesota.
Response: If regulatory actions
have contributed to investment by
existing regulated utilities that are not
economically viable in a competitive
market, and if restructuring occurs, the
League supports transition mechanisms
that will allow utilities to collect revenues
for those particular stranded costs.
However, these charges must be carefully
monitored to ensure that only eligible and
verifiable costs are covered and that over-
collections do not occur. Taxpayers and
2001 City Policies
ratepayers should not be expected to
cover the cost of investments that were
made for business reasons, apart from the
requirement to serve under the regulated
system.
If negative stranded costs for the
regulated utility as a whole can be
established, and are solely the result of
transition to a restructured environment,
these regulated utilities should be
required to contribute some limited
percentage of established amounts to
offset tax breaks given to these utilities as
a result of restructuring.
Property Tax"
Issue: Part of the discussion
regarding possible deregulation of the
electric power industry has centered on
electric utility taxation. Proponents of
restructuring assert that if effective free
market competition is to replace
governmental regulation, state tax policy
must be changed. The main focus of the
Investor Owned Utilities (IOUs) so far has
been removal of the attached machinery or
personal property tax. Utilities subject to
the tax argue it places them at a competitive
disadvantage to non-Minnesota companies,
rural electric cooperatives (co-ops), and
municipals. However, accurate comparisons
of tax burden are difficult, as other states use
completely different taxing systems.
Additionally, co-ops and municipals do pay
direct taxes on some of their property and
indirectly when they purchase wholesale
power from sources that are taxed, such as
IOUs. Municipals make substantial
payments-in-lieu of taxes.
Utility personal property can be a
significant portion of the local tax base in all
cities. Most obviously affected are cities
that have power plants; however,
transmission and distribution equipment
35
account for over half of the personal
property taxes paid by the IOUs and exist in
nearly every city. Replacing the revenue
that would be lost to cities, counties, school
districts, and other local taxing jurisdictions
is a stated goal of the IOUs; however, the
mechanics and funding sources of such a
replacement revenue would be difficult to
develop and administer, and could be
subject to reductions or elimination over
time. Furthermore, replacement revenues or
aids may not fully address the problems
created by a large tax base reduction.
Response: Cities'oppose proposals
for exempting the IOUs from the personal
property tax, apart from the decision to
restructure the electric industry in
Minnesota.
If and when restructuring occurs,
a truly independent review of the overall
tax burden should be conducted to
determine whether Minnesota utilities are
at a competitive disadvantage. If an
overall tax disadvantage is identified, the
state should correct it. Under no
circumstances should local units of
government or their citizens be required
to shoulder the burden of tax relief for
IOUs.
36 ' League of Minnesota Cities
Minnesota Recreation and Park Association · 3954 BryantAvenue South · Minneapolis, Minnesota 554~9 '
Phone: 612/825-2200 · Fax 612/825-6201 · Toll Free: 800/862-3659
December 5, 2000
Mr. Jerry Ruegemer
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
Dear Jerry,
Congratulations! On behalf of the Minnesota Recreation and Parks Association, I would like to
inform you that you have been selected by your peers in the Recreation Sports Commission
(RSC) to receive a Meritorious Award due to your outstanding individual leadership and
commitment to the RSC's activities throughout the year. Each year one deserving individual
from each Section and/or Committee is selected to receive a Meritorious Award.
Ward Wallin, who submitted your nomination on behalf of the RSC, states: "Jerry was elected to
the RSC in 1997 and has been a very active Commissioner not only at meetings but also behind
the scenes. He is very well deserving of the award."
Your Meritorious Award will be presented to you by President Roy Sutherland at the MRPA Annual
Meeting on Friday, January 19. The Annual Meeting will be held in file morning and will precede the
annual Awards and Student Scholarship Luncheon at noon. Please plan to join us for the entire day ! This
event will be held at the Brooklyn Park Senior Center, located at the Brooklyn Park Community Activity
Center, 5600 85m Avenue. Information about making resmx, ations for the luncheon will be included in the
January Keeflh~g Up newsletter.
Again, congratulations on a job ,,veil done! Congratulations from all the members of the MRPA Awards
Committee.
Sincerel7.,..~.
Jan Ficken, CLP
Award Committee Chair
Minnesota Recreation and Parks Association
CC:
Todd Hoffman, Director
City of Chanhassen Parks and Recreation Department
Ward Wallin, Associate Director
Duluth Parks and Recreation Department
DEC 11
CiTY'Ur L;~A~HASSEN
1VIINN'ESOTA Department of Revenue
Property Tax Division
Mail Station 3340
Phone (651) 296-3155
St. Paul, MN 55146-334
Fax (651) 297-216
December 8, 2000
Bruce DeJong
Finance Director
City of Chanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
DEC 1 1 2000
C;TY OF
Dear Mr. DeJong:
This is in regard to your city's appeal of the exclusion of TIF District #2-1 fi'om the
determination of the 2000 TIF grant for your city.
After discussing this issue with both legislative staff and the State Auditor's office we
have reached the conclusion that the leftover debt from TIF District #2-1 should not be
included in the determination of the city's 2000 TIF grant.. We base this decision on the
following observations:
· The purpose of the TIF grant program is to reimburse a municipality for the loss of
TIF property taxes due to rate compression.
TIF district deficits enter the picture only as a limit on the amount of TIF property tax
loss that can be reimbursed. If the overall combined deficit of the municipality's
qualifyin~ TIF districts is less than the TIF property tax loss, the grant amount is
reduced to the overall combined deficit. Otherwise the grant is equal to the TIF
property tax loss.
The qualifying TIF districts for the grant program are the pre-June 2, 1997 TIF
districts that had a tax increment in the previous year and which had a TIF property
tax loss in the previous year due to rate compression (all pre-June 2, 1997 TIF
districts that had a tax increment in 1999 had a TIF property tax loss in 1999 due to
rate compression).
TIF District #2-1 did not have a tax increment for 1999 and it did not have a TIF
property tax loss due to rate compression in 1999.
· The leftover debt of TIF District #2-1 has no TIF property tax loss associated with it.
Continued...
An equal opJ2or/unity employer
7']'Y/TDD: (651) 215-0069
For the above reasons, TIF District #2-1 cannot be included in the determination of the
2000 TIF grant for the city of Chanhassen. Furthermore, for the same reasons, if the
leftover debt of TIF District #2-1 is assumed by another TIF district, it must be ignored
for TIF grant purposes.
If you have any questions concerning this letter, please contact me.
Sincerely,
Richard B. Gardner
Research Analyst Supervisor Senior
Cci
Mark Ruff
Jerry Silkey
Shawn Wink
Metropolitan Council
Working for the Region, ?fanning for the Future
December 6, 2000
Katherine Hadley, Commissioner
Minnesota Housing Finance Agency
400 Sibley Street, Suite 300
St. Paul MN 55101
City of Victoria
Housing Development and Program - The Victoria Project
Metropolitan Council Referral File Numbers 18410 - 18420-1
OEO 1 1 000
~TY u~ ~r~/~NH~EN
Dear Commissioner Hadley:
Dorsey & Whitney LLP has submitted on behalf of the City of Victoria and ten other suburban
communities for review pursuant to Minnesota Statutes Chapter 462C, a proposed housing bond
program for Mount Olivet Rolling Acres, Inc. The program proposes to finance and refinance
the costs of acquisition, construction, equipping, furnishing and rehabilitation of various
residential facilities for the developmentally disabled in eleven cities through the issuance of
approximately $2.25 million in revenue bonds.
Regional Blueprint policy calls upon local communities to meet the range of housing needs in
the region in locations throughout all of the region, and it supports the use of public finance tools
to do so.
Meeting the housing needs of people with special housing needs including the developmentally
disabled is a part of this objective, and these programs in eleven cities throughout the region will
help accomplish this objective.
The issuance of bonds to provide capital to maintain, improve and create housing for these needs
is consistent with regional policy and with the housing diversification goals of all of these cities,
all of which are participants in the Livable Communities Act Local Housing Incentives Program.
S mC{J~uy D. l~et~
Senior Planner
c: Richard A. Helde, Dorsey & Whitney LLP
City Managers/Administrators/Clerks: Benny Svien, Victoria; Dave Pokorney, Chaska;
Scott BotCher, Chanhassen;~' Bruce Eisenhauer, Waconia; Lois Maetzold, Mayer;
Bonnie Burton, Norwood-Young America; David Childs, Minnetonka; Samantha
Orduno, Richfield; Curt Boganey, Brooklyn Park; Daniel J. Donahue, New Hope;
Brad Nielsen, Shorewood
V :'~LI B RARY~C 0 M~g,.,rND "APEI'E~ 0 N~.0(~ 120600V'~oria # 1841 O- 18420.1, &g
14. Z000 14:0H:50 Via Fax
AMM FAX
1
)ecember 11-15, 2000
->
612 937 5739 Scott Botcher
Association of
Netropolitan
Municipalitie
ales Tax on Local Government Purchases
As part of the 'Big Plan'
property tax reform initia-
" ~tives, the Revenue De-
,artment has discussed re-
..xempting local governments
'om paying sales tax on their
,urchases.
However, since this is an
nnual cost to the state budget of
early $100 million, they also
uggest reducing the levy limit
avenue base (general levy and
GA and HACA not including
onded debt or' special levy) by a
ke amount to ensure property
ax reduction. Cities account for
bout two-thirds or nearly $60
~illion per year in sales tax on
)col purchases and enterprises.
if the revenue base is reduced
y the total sales tax amount
,MM is concerned that many
ities could loose general oper-
ting funds. The concern is
used on the assumption that
~uch of the sales tax is paid
om other city funds such as
apital projects and enterprise
MM News Fax is foxed to ail AMM city
anagers and adtninistrators, legislative
,ntacts and J~oard tnetnbers. P/ease share
is fax with your tnayors, counciltnetnbers
~d staff to keep thetn abreast of itnpor-
nt tnetro city issues.
~5 Uni~.ersiO; A~enue West
, Paul, MN 55105-2044
'tone: (651) 215-4000
ax: (651) 281-I299
-mail: atntn~atntnI 45. org
funds that do not have a general
tax levy as a revenue source.
The AMM made the Commis-
sioner aware of the assumption
but he needs to be convinced. To
develop information regarding
the sales tax paid by cities we
need your help.
To the best of your ability,
please estimate the amount of
sales tax your city pays for pur-
chases that fall.within your gen-
eral levy that is subject to levy
limits and the amount that is
outside the general levy (i.e.
enterprise activity, bonded
projects paid through special
levy, or major capitol purchases
that may be bonded). Fill in the
blanks below with any comments
and fax this form back to us.
Legislative treatment of local
sales tax exemption is very
important if levy limits are in
place, which may be entirely
possible in 2002 based on
expected property tax reform
initiatives.-
City
Sales tax estimated for year 1999
Sales tax paid within general levy base
Sales tax paid outside general levy base
Sales tax estimated for year 2000
Sales tax paid within general levy base
Sales tax paid outside general levy base
Example of projects funded outside base
Comments:
PLEASE FAX TO AMM Attn: Roger at (651) 281-1299
12/11/00 13'59 FAX 651 452 5550
CAMPBELL KNUTSON
Th~rn~ ], Campbell
~Oger lq. Krtur. son
Thorn~ M. Scott
Elll.tt B-
Joel J. Jumnik
CAMPBELL KNUTSON
Pro£ess[onal Association
Attorneys at Law
(651) 452,5000
Fax (651.) 452-5550
]Direct Dial: (650 234-6215
.E-twail Address: rlojufson(_~-k-la'~;conl
December 11,2000
,, ~OfJ2/O0$
Mr. Scoff Botcher, City Manager
City of Chanhassen
6?0 City Center Drive, Box 147
Chanhassen, MN 55317
ARBORF. TUM BUSlNI~SS PARK
Deaf Scoff:
Buck's Unpainted Furniture, Inc. would like to locate in the Arboretum Business Park. The
proposoi is described in o letter dated November 28, 2000, from the attorney for the building
owner and in a one page letter signed by the President of Buck's. The le'lfer signed by the
Pres]dent demribes the business as a "furniture showroom" but notes:
,4ll of this is not to say that we ,4;o~ 't he .~.'el/ing.' stock merchatMise, -accessories, and/or
finixhing sufll)lies off of our floo;' for immediaiu pickup.
will be a smaller flercentage (~our bu.tbmy,y than ha,t been the to.ye in the pa.vt.
Exhibit "C" to the Development Contract/PUD Agreement dated August 25, 1997 states
1hat 'the intent of the PUD is to create a "light industrial/office park" but that certain "ancillary
uses may be permitted as listed below if they' are ancillary to c~ principal use on the industrial lot."
Specifically enumerated as a prohibited use is "home furnishing and equipment stores." The
Agreement states:
Ancilla? Uses (in conjunction with and inte&,~'cd re a primau; use)
Showroom - Shov,7'oom type display area ~o;' products stored or manufactured on-site
~rovicled lhat no more than 20 tim'cent of lhe,floor .~7ace is used for such dhj)l~ and
in May of 1998, the PUD was amended to provide:
h-or flur_pose., o. f clarification, tkrragraflh 3 on/)age 3 of ~,:hibit "C" to the Develo.pmenl
Conlracl is amended Io read:
.
Showroom - Showroom type di3~My fi.. products slored., available fo/' order, or
manufactured on-size_pro¥ided no more lhct~? 20 percent of rhe floor area qf oll of
the non-commercial use.s' within lhe PUD is re'ed for a'uch use.
Suite 317 · Eagandaie,'Office Center - 1.380 Corporate C.'e~xrcr Curve ' Eagan, MN 55121
/ll/O0 1~:59 FAX 651 452 5550
Mr. Scott Botcher, City Manager
Cily of Chanha~en
December 11,2000
Page 2
CAMPBELL KNI~TS ON
[~oos/oo~
There ore two significant changes between the 1997 and 1998 PUD requirements;
Tile 2998 a&,-reernent provides that prodztet.~' only need be cn,allahle "for order" -
they do not turee to be manufactured on-site or swred on the preraises. This appears
to elirnintge the prmJiom' requirement flirt/ tJ2~ ll,['e be "ancil/ary" to manufacturh,g
or warehousing.
· The maximwn allowed crreafor a .~'hm4,rot'm~ is nmv 20% oflhefloor area of all oftl~e
non-commercial .~pace in the PUD.
The issue now boils down to what is a "showroom.'C" The City's zoning ordinance does not
define the term "'showroom" beyond the aulhorizing langtJage in the PUD. The Minnesota
.Supreme Court has ruled "zoning ordinances should be construed strictly against the city and in
favor of the properh/owner." Frank's Nurxerv Sales. Inc. I~. Ci~ qf Rosevt.:ll.e, 295 NW2d 604 at 608
(Minn. 1980); Jl/Iedieal Servfees v. Citv of Sa~age.. 487 jVWSd 263 (Minn. Ap£. 1992). In J'-ra~Hr"s
Nur.~'erl~ the Court concluded that the business qualified as a "lawn and garden center" even
though 16% to 18% of ifs sales were croft related;
Since the PUD allows "showroor~s" while Prohibiting "home furnishing stores" a distinction
is being drawn between a retail furniture store and a showroom. The attorney for the building
owner in a letter to the Mayor dated November 28, 2000 states: "Ihe businesses are' not retail
businesses .... A vast majority of the business will be ordered and/or delivered from other
locations .... The business will be a custom ordering and manufacturing facility," If retail sales
are infrequent and incidental to 1he "showroom", in my opinion fha business would qualify as a
"showroom" under the PUD. The showroom must also rneef the 20% limitation.
My opfnion is based upon what they have said they will do. We taus1 assume fha1 the
representations are truthful, if Buck's operates in a manner inconsistent wilh the representations
now being made fo the City. the City should take action to enforce the PUD and prohibil the
violation.
Showrooms do not qualify for tax increment financing.
acknowledgement should be obtained from the property
disqualification_
Before proceeding, a written
owner acknowledging the
RNK:srn
Water Tower Partners, DLC
December 12, 2000
5ir. Scott A. Botcher. City Manager
City of Chmd~assen
690 City Center Dr/ye Box 147
Chanhassen, ~ 55317
Re: Contract for Private De:,elopment by m~d Bem'een the City of ChanhaSsen and
Water Tower Parmers, LLC
Dem' Mr. Botcher:
The C4ry and Water Tower Panners, LLC entered into a Contract for Pr/vate
Development dated December 9, 1998. The Contract provided tax increment
financing assistance for the development of a facilib, as set out in the Agreement.
The building is about 57,000 square feet arid sits on Lot 1, Block 3, Arboretum
Bush~ess Park 2'~'~ Add/don, Cpz-~'er Com~1y (the su!~ect property).
We believe we have complied with ¢',_e tcm:s and conditions of the Contract for
Pfivme Development dated Decemt0er 9, 1998. After talking vrith the City Attorney
(on tax increment maners) 02'ough our attorney and after consultation w/th our
attorney, we have been informed that the proposed use by <>ur new tenant is makes the
project no'r elikdble for tax increment financing assistance trader the Contract for
Private Deve!opme~.~t. 'Are understand that, if the proposed Buck's use is located on
d~e subject property, we will no longer be eligible for the reimbursement of the taxe~
in the agreement for taxes payable in the year 2001 mtd 2002. 7It is our understanding
and ageement that this does not affect the taxea that were paid in the year 2000.
Thank you for your assistance in worldng ttu'ough these issues
Tow
· ~mr., . er Pampers, LLC
Chdstensen, its Chief Manager
DEO 1 ~ 2000
..
~ Center Drive, 1)0 Box 147
5assen, Minnesota 55317
'hone 612.93Z I900
-ral Fax 612.93Z5739
,ering Fax 612.93Z9152
Safe(~ Fax' 612.934.2524
,ww.d. chanhassen, mn. us
MEMORANDUM
TO:
Bruce DeJong, Finance Director
FROM:
Matt Saam, Project Engineer
DATE:
December 19, 2000
SUB J:
Amendment to 2000 Lateral Utility Connection and Trunk Utility
Hookup Charges - PW011
In accordance with Ordinance No. 261, the City' s sewer and water hook up and
connection 'charges are to be adjusted On January, 1 each year to reflect
construction cost changes. I have attached a copy of the Engineering News-
Record construction cost index for December 11, 2000 that shows a 1.7% increaSe
in the construction cost index (Minneapolis) from approximately a year ago. The
following rates shall be effective January 1,2001:
1. Sanitary sewer lateral connection charge .............................................. $4,144.00
2. Watermain lateral connection charge .................................................... $4,144.00
3. Trunk sanitary sewer hookup charge ..................................................... $1,322.00
4. Lake Ann sub-trunk charge ................................................................... $ 828.00
5. Trunk watermain hookup charge ............................................ - ............... $1,723.00
6. Lake Ann Interceptor (Trunk) ............................................................... $1,011.00
Attachment: 1. Engineering News-Record Construction Cost Index dated
12/11/00.
C:
Teresa Burgess, Director of Public Works/City Engineer
Chris Thibodeau-Fiest, Account Clerk
Steve ToreI1, Building Official
City Council Administrative Packet 1/08/01
g:',eng~matOmemos\amendment to 2000 lateral hookup charges.doc
C O N S T R U C T I O N
E 0 N () M I C S
30ST INDEXES
OONS~UOllON COST IMDEX
The labor component of
the CCi finished the year
4.1% above 1999's level.
Labor makes up 78% of
the COPs value.
IUILOING COST INDEX
~bor accounts for just
~% Of ~che BCI. As a
'esulL wage escalation
tad a smaller impact on
mnual inflation rates.
NIITIHtlII. S C.,SST INDEX
Both the cci and BCI were
weakened by a 3%
decline in their materials
cost component.
S/TON ::. ' ' 80.3'2 ' +0.! .Y.+-0.7
'L[~I~]I $/MBF .': 486.35? --?.5' -9.3
..7.1' .- o ....... ...~-..Lo .
( -;
ca o
' ...-',',i.
COST INDEXES BY CITY
Costs Above Average
Buildin~ costs in 'the ~ndy City f'mished the yaar with a
3A% inc.,'easa, well above the nafiorml IA% average. The
bi~ bo~-t came fi-om materials prices, whi~ rose
0.9%, con't~ to a 3% decline nationwide- ....
2947.56 + 4.7
3O74.95 - 0.3
2730.~ -0.8
3879.93 + 1.0
4167.18 ,3.4
3377.42 + 4A
36O3.79 - 0.1
2742.46
3060.54 - 5.5
3871.~8 + 0.4
3436.62 * 0,6
368~`26 + 2.5
3824.64 · 0,4
2750.71 * 1.6
5018.87
42:36.77.2.0
555322 .2"0
3463.92 -
4644.20 * 3,7
3676,95 * 2.4
3706.64 * 1.4
4066.35 -5.!
7194.74 + 9.6
8744.74 + 1.8
8747.37 + 3.8
1S526-320.0
16552.53* 4.5
1Z210,53· 3.6
14231.58* 6.6
6742.11 0.0
8926.32 + 6.4
15.TT3.68 .4,3
12823.68· 6.4
15018.42+ 3.9
15084.31* 3.8
6994.74 · 2.2
21368.42-. 3.7
16000.00· 1.?
~2839.47* 2.7
15000.00· 3.1
16005.28,11.1
15878.95· 3.8
13O73.68* 2.6
16897.37- OA
4151.95 <-7.9
4918~2 ,4.5
4084.08 .4.4
738~ * 5.9
713~.74 + 4.8
5 t 97.60 <- 7.4
6002.40 o 2.7
34'/4.47* 2.6
4442.04 ,, 6.0
6886.49.* 3.9
5503.30 ....4.6
6'11~.11.2.7
6Z22.82 * 4.8
38.69.07' ,- 2.3
9906-31 * 3.9
7157,96 ,2.8
5911.11 .,3.1
6093.69 + 3.7
7057.06 - 4.7
6172.97 .3.3
5685.29 - 3.0
66Sf.05 .2.0
2212.67+ I.2
1950.14-6.9
1904~78- 6.9
1752.60-9.7
2251.55-0.9
22C=5.95 - 0-3
213~.43-4.6
L"'Z96.55 + I~.
~217"33+ 4.8
2020.67- 6.2
2174.30-5.0
2195~:2+ 2.2
2037.13 -6~
2190.75* 1.0
203O.86- ~7.6
2452.03* 0.9
2f28.680.0
1856.94-9.8
2203.21o 1.9
2152.01,0.8
2498.43- 0.8
2487.44-14.8
SEWER, WATER AND DRAIN PIPE
~U=~C~;LFTEJ~FE(R{:;P)~2" ft a.ao 14.~0 8.45 . .5...60 . 6:..40. .8.;.5q.. ....... .5...89. .... .9...~ ............ 9.;~ ........... 1.9...4.s. ........... .8.?. ..........
..... ~i'~ ................................................... ~ ....... i'~:~(~ .......... '~:,~ ......... ~'i'~Y ........ i~.2~ ......... id.78 '"i~.S8 14 O0 16 ~ 10,2S 31.76 24.50
.... ~d; ................................................... '~ ....... g~:~ ........... ,~'i~ .......... ~'~'.~;~ .......... Yz/i'~ .......... ~'~;~ .......... '~',~ .......... ;~:~) .......... ~"~ .......... ;~:~ .......... '~'.'~ .......... ~'~:~ ........
..... ~ ............................... ft ....... 52,09 .......... 8.1,c~. .. s.7~! ....4~.~ ..~.`2o ...... .~...~.. .......... .4.$.oo ......... .64.7.~ .......... 5.7.:oo ....... ~7 ~ ......... ~,.~..
..... ¥~' ....................................... : ........ '~ ........ '~:~'d ............ ~:~ ............ ~:~' ........... ;~3~ ............ i::~' ......... ':~:~" s ~o s ~ 6.o: ~.a2 .......... !.q~.~. .......
..... :~ ................................................... h .... i'~:,'O ........... i;,;:~ .......... i'~,~' .......... i:,:'6~ .......... 9. ~o .......... '~,"0'~ .......... i'd:~'4 ........... /d':~ .......... i'~:di .......... '~0`25 ~8.62
.... 60" ft 50.10 57.12 32.50 42.00 56 O0 -- 53 00 47 70 46 91 68 66 77.92
~ ~ tql~ (Y~) or'em umjo m .......................
· ~ ................................................ '~ ........... '" ............................... '"' .............. 2; .............. '" ............... "' ............ ~'4~ ......... -- -- ~6.s~ '7.53 .
-': .... ' ..................................................................... '=' ............................................................... ~'6'0~ ............................................. ;~i"~ .......... ~;~ ......
:::.'~F":::::'.: ................. ~ ........ ~- .......... .-.. ...~ ............. .-.. ............... .-. ............... .-.: ........................... :~ .............. ..-- ....................................
~[~'T~/I_~E ~ {J~),Under'dt"ain 4" ft 0.44 ~ 0.32 0.~5 0 62 0 38 0 28 0 45 0 34 0.25
::~E~£(m~.,w,. ............................................................................................................................................................................
4" ft 0.46 0.7S 1.05 -0.85 1.24 0,Sa 0.80 0.46 0.47 1 .OS .-0.~ ...
........ P .............................................. ~ ......... i ~s ........... ~:S'~ ............ .~:~ ........... -~:~ ............ :~:;~ ............ ~:0~ ............ ~:~ ............ i'.'~ ............ /:~'6 ............ :.r~ ............ L~'6 .....
.... ~'~ ~-' ..................................... ,, ........ ~:i'~ ............ ~'~'~ ............ i':~ ........... ~:~'~ ............ ~:~ ............ S:~ ........... ~:~ ............ ~.'i~ ............ ~:i~ ............ ".'~ ........... '~:~ ......
........ r' .................................. , .... ~ =================================== .......... .,~:~ ............ ~:~' ........... ~:. ........... ~:~ ............ ~..~ ............ ~'~ ........... ~'.'~ ........... ~:8+"
:::::'"i,z. ..... .' .- :.'..'.:'" ~: .... .:7.~ ........... ~.=3 ....... "?.88': ...... :1=.ar; ..... : .... i'd:~4 ............ ~':~ .......... i',,:~ ............ ~'.'~ ............ ~'0'3 .......... ~'~'.'i~ ..........
I~IJCT1LE ~0[( [~ (~} ~ h $.$0 8.74 4.88 8.56 8.3'2 6.50 9.95 3.94 6.40 ~0~35 5.55
.... r .............. ~, ' "6.,-7 ........ i 1:8¥ ............ d:~' .......... i 1:3', ........... i'i:;~-~ ............ ~.r~ ......... i'3:86 ............ S.:~ ........... ~.go .......... {_~o ...........
r.~ IITT~ TOlllIL ':y:~'~'{.'1,~/2" f~ o.~ O.SO 0.88 0.60 0,84 0.81 0.81 0.50 0.58 0.82 1.2~ .
.... ~ ~, ' ................., :.48 .... ~.8i .......... 2:~? .......... ~;.'i:,; ............ L~O' ........... :'::i~ ........... 2:~ ......... i'.~s ............ i::'6 ............ i.'~ ........... '~:s'~"
.- c~-- ~n'~ e,s ~ ~ t"t~,en or' ~8 Ba.n .Im::e Dreviou~ report: J.m~er~. IncluOe, fecl~l ~ t3.m.a~ axclude~ ~ ~.t~ n',ater~, Mo~J'~' rt,,a~. ~ uot..at,~r~ by ENR f~ld ~l>m."t. ar~ I~ 1!,. '2~X), Ali
are u.:x3t ~mc~ ouotaO from a ~lngta s.o~Jr,c~. ~tes are oellvered O~cas umeu not.~L ,Soma 13~cu rr~,y k3ctu~ Ltxe~ Ce clt,~ourr~ foe Ix'om~ ;a,yment. ~ Pm~u~ mC,~Jl~ca~ may var,/.
w'nat is rno~t com.'non~ u~ed o~ moat acc~ In ·¢tty. Ali ouar{Ut~ are tr.uck',o, acis ~ nota~L Quotas fo~ Mon/J'~al ~ Toeoot~ ~'~ t~ ~art~lt~n cloitam ~ ~ ~ RCP 131~e l~ J~'TM
2Metropolitan Council
Improve regional competitiveness in a global economF
Environmental Services
December 12, 2000
Dear City Administrator.
Good News! MCES has followed through on its commitment to reduce $20 million from our base
1998 budget and correspondingly reduce the wastewater rate you pay to us. The rate for your January
bill is based on $118 per hundred thousand gallons. This is the third decrease since 1998 when the rate
was $135--a cumulative decrease of 12.6 percent.
1998-2001 Wholesale Rates
Rate/
100,000 gals.
$130 -
$110 -
$90 -
$70 -
$5O -
1998
1999 2000 2001
MCES has worked hard to cut its budget and reduce wholesale rates over the last three years. This has
moved us closer to our goal of being in the top five in the nation among wastewater treatment
operations of similar size and treatment requirements when comparing rates, cost of service, and
overall value. Since competitive utility costs are important to maintaining the economic vitality of a
region, we will continue our efforts to assure that our region remains one of the best places to live,
work, raise a family and do business. More information on how your community charges compare
within the region and how the region compares nationally is available in the Study of 2000 Municipal'
l~aste~,aler Rates report sent last week to your finance director. Additional copies of this report are
available by calling our Data Center at (651) 602-1140.
We will begin platming for 2002 early next year and invite you to participate by calling me at
651-602-1106 or attending one of our Budget and Planning Breakfast meetings in March. Our focus
for 2002 includes prudent fiscal management in response to rapidly rising financial pressures and
emerging envkonmentaI issues within the context of smart growth principles. We look forward to
receiving your input and concerns.
~ye~; uSincerely'/~~
MCES Division Director
cc: City Finance Directors
Metro Info Line 602-1888
230 East Fifth Street · St. Paul, Minnesota 55101-1626 * (651) 602-1005 - Fax 602-1138 * TrY 229-3760
I)e~ 18 ZSOft i5:ZS:ZO ~ia Fax
AMM FAX
December ] 8, 2000
->
937 5739 Scott Botcher
Page 881 Of 881
Al ociation of
IVietropolitan
I unicipalitie
Builders Association of the Twin Cities
'BATC' 2000 Land Supply Study
BATC has released its most
recent land supply study, which
updates the 1996 study. The
study's primary focus was to analyze
the 97,000 acres, within the MUSA,
that are considered vacant and agricul-
tural and to determine the actual
amount of land in the category that is
available for urban development. The
study focused on 23 cites that account
for approximately 50,000 acres or 52%
of the 97,000 acres in the category.
The study conducted detailed
analysis of the 50,000 acres and
concluded that only 21,490 or 42.9%
of the acres are available for develop-
ment. Being aware BATC is recom-
Sales Tax Survey Date
The Sales Tax Survey included in
last week's FAX NEWS did not
have a deadline. We would like a
completed copy by Friday,
January 5, 2001. Thank you.
AMM News Fax is foxed to all/IMM city
managers and administrators, legislative
contacts and Board members. I~lease share
tlr is fax with your mayors, councilmembers
and staff to beep them abreast of impor-
tant metro riO; issues.
145 University A~,enae [Vest
St. Paul, 3tN 55103-2044
Phone: (651) 215-4000
Fax: (651) 281-1299
E-mail: amm@ammI45, org
mending that the Council:
· Take action to provide a 20-year land
supply
· Consider establishing another land
category called "underLrtilized" or
potentially surplus" to contain the
portions of lots that may be subdi-
vided at a later date.
· Should prepare a Natural resources
Master Plan for the Urban Reserve.
The recommendations also suggest
that the Council participate in and
support the development of a statewide
land use policy that includes satellite
growth centers and limited access
transportation corridors. The study and
land supply will be the subject of a
series of discussions lead by the
Council. The AMM (Terry Schneider
and staff) will be involved in the discus-
sions. The purpose of the discussions
is to recommend a land supply policy.
PERA Board Approves Legislative
Funding Strategies
The PERA board at its Dec. 14,
2000 approved a combined
strategy regarding PERA°s funding.
The strategy includes the following:
· Extend amortization of the unfunded
liability from 2020 to 2031, effective
July 1,2001, resetting the amortiza-
tion period to 30 years.
· Prorate service credit.
· Change vesting from three to five
years.
· Change 5 percent augmentation to 3
percent on deferred benefits after
age 55, and offer the option of an
enhanced refund to include part of
the employers' contributions to
terminated, vested members.
· Increase contribution rates in steps.
Phase I would begin on Jan. 1,
2002. The second phase would begin
in Jan. 1, 2004 but could begin
sooner.
Increase employer contributions in
two steps, increasing rates from
5.18% to 5.555% the first year and
adding a supplemental employer
contribution of 0.'75% of pay, funded
with state aid; and moving the
employer rate to ,6.805% the second
year of the phase-in with the first
year's supplemental contribution of
0.'75% of pay from aid continuing.
Change membership eligibility rules
that would require all new hires to be
reported for membership in PERA
unless they are temporary or sea-
sonal positions.
The PERA staff estimates that
approximately $2?.0 million in state
aid will be needed to fund the
proposal. The details of the proposal
particularly the prorated service cut
are being developed and should be
available in January 2001.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
December 18, 2000
Mr. Todd Hoffman
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Minnesota 55317
Re:
City of Chanhassen vs. Fox Properties Limited Parmership, et al..
Court File No. C8-99-1713
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Gina M. Brandt
*Also licensed in Wisconsin
Dear Todd:
This matter has been scheduled for trial on April 23, 2001 commencing at 9:00 a.m'. at
the Carver County Courthouse. I anticipate that the trial will take three or four days.
Over the next 60 to 90 d~tys I will be requesting additional information from the Fox
family. I also anticipate taking a number of depositions and talking to the Commissioners.
Fox's attorney will likewise probably request additional information and take depositions of
City staff.
I will keep you posted on all deVelopments. Please call if you have any questions.
Best regards,
Campbell Knutson
Professional Association
By:
Thomas M. Scott
TMS:cjh
CC-'
Ms. Kate Aanenson
Mr. Bob Generous
Mr. Scott Botcher
DEC 19 2008
.CITY OF (JPiAFiiiA,SSEN
Suite 317 · EagandMe Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
PATRICK D. McGOI~55N
HENNEPIN COUNTY SHERIFF
ROOM 6 COURTHOUSE
350 SOUTH FIFTH STREET
MINNEAPOLIS,MN 55415
(6'12) 348-3740
FAX 348 -4208
OFFICE OF THE SHERIFF
December 15, 2000
Manager Don Ashworth
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
As you know, the Hennepin County Adult Detention Center charges municipalities a fee for certain
eligible misdemeanant prisoners detained in the jail, and it charges for each misdemeanant booking.
Fees for the use of the ADC in the 2001 have been determined based on 1999 actual costs and usage. The
booking fee for 2001 will be $147.45. The residential fee for 2001 will be $88.37 per day, or $22.09 per
quarter day following twelve-hour :ace period.
If you have any questions, please contact Inspector Phil Weber at 348-5591.
Sincerely,
PHaetnrinck~letb in ,C oCuGn~)?'sahner iff
By: P'hil~H. ~eber
Inspector, Financial Services
Recycled Paper
20% Post-
Consumer Fiber
DEO 19 2000
CiTY OP U~i/.,,r,~i-i,~SSEN
Thomas J. Campbel[
Roger N. Knutson
Thomas M. Scott
EIliott B. Knetsch
Joel J. Jamnik
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651 ) 452-5000 .
Fax (651) 452-5550 ·
December 18, 2000
Mr. Todd Hoffman
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Minnesota 55317
Re'_
City of Chanhassen vs. Fox Properties Limited Partnership, et al.
Court File No. C8-99-1713
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Gina M. Brandt
*AL~. licensed in \k"isconsin
Dear Todd:
This matter has been scheduled for trial on April 23, 2001 commencing at 9:00 a.m. at
the Carver County Courthouse. I anticipate that the trial will take three or four days.
Over the next 60 to 90 days I will be requesting additional information from the Fox
family. I also anticipate taking a number of depositions and talking to the Commissioners.
Fox's attorney will likewise probably request additional information and take depositions of
City staff.
I will keep you posted on all developments. Please call if you have any questions.
Best regards,
Campbell Knutson
Professional Association
By: x.~
Thomas M. Scott
TMS:cjh
CC:
Ms. Kate Aanenson
Mr. Bob Generous
Mr. Scott Botcher
Suite 317 ° Eagandale Office Center
DEC I 9 20013
1380 Corporate Center Curve * Eagan, MN 55121
Weds
Weds
Weds
Thurs
Thurs
Fri
Fri
Sat
Sat
Sat
Sat
Sat
Sun
Sun
Sun
Dec6 t1:39AM
Dec6 7:18PM
Dec6 8:22 PM
Dec7 89:11AM
Dec7 9:07AM
Dec8 7:35 AM
Dec8 4:14' PM
Dec9 ll:40AM
Dec9 1:41 PM
Dec9 3:51 PM
Dec9 5:27PM
Dec9 9:20 PM.
Dec 10 11:57 AM
Dec 10 12:20 PM
Dec 10 12:31 PM
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF DECEMBER 4, - DECEMBER 10, 2000
West 78th Street
Highway 5 & Galpin Blvd
Erie Avenue
Audubon Road
Coulter Blvd
Hwy 101 8: Vogelsburg Trail
Lakeview Road East
Mission Hills Court
Saratoga Circle
Lake Susan Hills Drive
Mission Hills Court
Mission Hills Way East
Hamburg Fire Dept
Redman Lane
Chanhassen Road
Fire alarm - false alarm, no fire
Car accident with injuries
Natural gas leak
Fire alarm- false alarm, no fire
Medical - head injury from a fall
Car accident with injuries
Medical - chest pains
Fire alarm - false alarm, no fire
Medical - trouble breathing
Medical- neck injury from a fall
Fire alarm - false alarm, no fire
Fire alarm - false alarm, no fire
Mutual aid - house fire
Medical - possible seizures
Medical - asthma attack
Tues
Tues
Tues
Tues
Tues
Weds
Weds
Thurs
Fri
Fri'
Fri
Fri
Fri
Sat
Sat
Sat
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dee
Dee
Dec
12 6:40 AM
12 6:42 AM
12 10:21AM
12 1:01 PM
12 6:40 PM
13 8:05 PM
I3 8:52 PM
14 1:38 PM
15 8:53 AM
15 2:11 PM
15 7:30 PM
15 8:03 PM
15 9:44 PM
16 5:51 AM
16 12:03 PM
16 1:22 PM
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF DECEMBER 11, - DECEMBER 17, 2000
Chan View
Century Blvd
Park Road
Chan View
Market Blvd
Century Blvd
White Dove Circle
Market Blvd
Pontiac Lane
Lake Drive
West 78th Street
Autumn Ridge Ave
West 78th Street
Boulder Road
Victoria Fire Dept
Pontiac Lane
Fire alarm - false alarm, no fire
Electrical burning smell - unfounded
Fire alarm - false alarm, no fire
Fire alarm - false alarm, no fire
Medical, chest pains
Fire in the building
Microwave oven smoking
Medical - asthma attack
Person feeling weak
Medical - unknown problem
Smoke in the building - burned food
Car fire
Medical - trouble breathing
Medical - possible stroke
Mutual aid - ice rescue, unfounded
Medical - broken arms
Tues
Tues
Weds
Thurs
Thurs
Thurs
Thurs
Thurs
Fri
Fri
Fri
Fri
Sat
Sat
Sat
Sun
Sun
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
19 6:51 PM
19 11:49 PM
20 10:27 PM
21 1:22 AM
21 4:01 PM
21 7:29 PM
21 9:55 PM
21 11:02 PM
22 3:59 PM
22 6:01 PM
22 7:09 PM
22 11:05 PM
23 3:31 AM
23 6:49 AM
23 1:30 PM
24 t2:21 PM
24 4:26 PM
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF DECEMBER 18, ~ DECEMBER 24, 2000
Highway 5 & Highway 101
Chanhassen Road
Audubon Road
West 78~h Street
Highway 5 & Highway 41
Ridge Road
Sandy Hook Circle
Big Horn Drive
Chanhassen Road
West Village Road
Flamingo Drive
Lake Drive
Rosewood Drive
West 79th Street
Deerbrook Drive
Highway 5 & Galpin Blvd
West 78th Street
Car accident- minor injuries
Fire alarm - burnt food
Medical - asthma attack
Fire alarm - plumber soldering
Car accident with injuries
Natural gas leak
Medical - cut finger
Medical - person feeling dizzy
Fire alarm - burnt food
Medical - seizures
Carbon Monoxide alarm
Water flow alarm - fire in the building
Medical - chest pains
Fire alarm - false alarm, no fire
Fire alarm - false alarm, no fire
Car accident with injuries
Smoke detector sounding, false alarm
mon
Mon
Tues
Tues
Weds
Thurs
Thurs
Thurs
Fri
Fri
Fri
Sat
Sun
Sun
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
Dec
25
25
26
26
27
28
28
28
29
29
29
30
31
31
3:05 AM
8:28 PM
2:26 PM
4:34 PM
11:34 AM
2:08 PM
ll:12PM
11:34 PM
5:45 AM
8:05 AM
9:12 AM
6:24 PM
10:06 AM
2:24 PM
CHANHASSEN'FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF DECEMBER 25, - DECEMBER 31, 2000
Sinnen Circle Carbon Monoxide Alarm
Lyman Boulevard Medical alarm - false alarm, cancelled
Sinnen Circle Fire alarm - false alarm, no fire
Highway 5 & Great Plains Blvd Car accident with injuries
Chaska Fire Dept
Highway 101
Highway 5 & Powers Blvd
Lyman Blvd & Sunset Trail
Highway 5 & Audubon Rd
Hazeltine Boulevard
Highway 5 & Arboretum Dr
Moccasin Trail
Chan View
Highway 5 & Highway 41
Mutual aid - structure fire
Car accident- cancelled enroute, unfounded
Car accident - cancelled enroute, unfounded
Car accident with injuries
Car accident- cancelled enroute, no injuries
Fire alarm - false alarm, no fire
Car accident - person trapped in vehicle
Smell of smoke - unfounded
Medical - trouble breathing
Car accident with injuries
Minnesota Department of Transportation
Memo
Metro Division
Office of the Division Engineer
1500 W. County Road B-2
Roseville, Minnesota 55113
Phone: 651/582-1358
Fax ' 651/582-1166
Date
· December 28, 2000
To '
Subject '
City/County Engineers
City/County Administrators
City Mayors
Township Boards
County Boards of Commissio/~rs
Richard A. Stehr
Division Engine. er.r~j
Additional Information - Metro Division Reorganization
On November 1, 2000, I sent you a memo regarding our Mn/DOT Metro Division
reorganization. As stated, the primary goal of the reorganization is to address issues we have
heard from you, our customers.
I promised to keep you informed of our progress. I am pleased to announce a significant step
in our reorganization with appointment of key managers that will serve as your point of contact
with Mn/DOT from the beginning to the end of the project development process. Establishing
continuity in project management will ensure early identification and resolution of issues and
will help us expedite projects. Please see the attached news release for details on the new
managers.
These managers wilI look for opportunities to meet with you in the next few months to discuss
projects and issues. Communications is key to the success of these positions, and we want to
begin building relationships as quickly as we can. Please let me know if you have questions,
comments or suggestions.
Thank you.
Page 2/Mn/DOT
Keith ShannOn will serve as program delivery office director, overseeing the
four area managers. He is currently assistant state bridge engineer managing the'
Hydraulics and Bridge Planning Sections of Mn/DOT. He has seven years of
managerial experience at Mn/DOT and with a consulting finn, and over 10 years of
project management experience. He holds a Bachelor of Science degree in Civil
Engineering and a Masters in Business Administration degree, both fi.om the University
of Minnes°ta.
Frank Pafko will manage work in Ramsey, Anoka and North Hennepin
Counties. He has 23 years of environmental experience with Mn/DOT and is currently
assistant chief environmental officer. Pafko has extensive program delivery experience
through his environmental work with both internal and external clients. He holds a
Bachelor of Science Degree in Fisheries from the University of Minnesota.
Rick Arnebeck will manage work in Washington and Chisago cOunties. He is
currently project manager for activity-based costing/management. Amebeck has 26
years of transportation experience including pre-design, construction, maintenance, and
eight years as Winona county engineer. He holds a Bachelor of Science degree in Civil
Engineering and a Master of Technology degree, both from the University of
Minnesota.
Lezlie Vermillion will manage work in Dakota, Scott and Carver Counties. She
is currently transportation/program engineer with the Dakota County Highway
Department. Vermillion has over 15 years of transportation experience in both technical
and project capacities, and has worked with many of Mn/DOT's local and national
(more)
Minnesota Department of Transportation
News Release
Office of Communications
395 John Ireland Blvd.
Mail Stop 150
St. Paul, MN 55155-1899
Office Tel: 651/296-3581
Fax: 651/297-4776
Dec. 28, 2000
For Immediate Release
Contact: Shannon Beaudin Klein
651/296-0369
Pager:. 612/660-9313
Transportation Department Announces Reorganization of
Metro Division,' Appoints Four Area Managers
St. Paul, Minn..-- The Minnesota Department of Transportation today announced that it
is reorganizing its Metro offices to speed up completion of construction projects,
improve reliability of project schedules and cost estimates, and improve coordination ~.
between internal and external stakeholders.
While the Metro Division, one of Mn/DOT's eight district offices, will remain
as one unit, thc eight-county metro area will be divided into four geographic
management areas. The managers leading each of the areas will be in charge of projects
kom conception through planning, preliminary design, and final design to initial project
construction.
"This change is an important step in accelerating projects," said Transportation
Commissioner Elwyn Tinldenberg. "Having one manager responsible for projects fi'om
beginning through construction will help us remove barriers, maintain continuity in
project management and address problems more quickly"
(more)
Page 3/Mn/DOT
partners. She holds a Bachelor of Mining Engineering Degree from the University of
Minnesota Institute of Technology.
Tom O'Keefe will manage work in Central and Southern Hennepin County. He
is currently preliminary design engineer in Mn/DOT's Metro Division. O'Keefe has
over 15 years of transportation experience, and has worked extensively with Mn/DOT's
_
external p .a:rtners and several interest groups. He holds a Bachelor of Science degree in
Civil Engineering from the University of Minnesota, and is currently in their Master of
Business Administration program, r
School
District
llate:
Office of Planning and Organizational Improvement
Betsy Chase, M.A., Director
11 Peavey Road
Chaska, Minnesota 55318
(952) 556-6241 Phone
(952) 556-6189 Fax
chaseb @ chaska.kl 2.mn.us
December 19, 2000
To."
Tracy Swanson, Carver County Commissioner
Dick Stolz, Carver County Administrator
James Weygand, Carver Mayor Elect
Kevin Carroll, Carver Administrator
Linda Jansen, Chanhassen Mayor Elect
Scott Botcher, Chanhassen Administrator
Bob Roepke, Chaska Mayor
Dave Pokorney, Chaska Administrator
From: Betsy Chase
Re:
Preliminary Grant Application to Minnesota Board of Government Innovation &
Cooperation
Thank you for your interest in submitting a preliminary grant application with District
112 to support the work of the Community Leaders Forum. A copy of the pre-application
is attached.
Feedback front the Board of Innovation about the concepts included in our proposal is
due back to us in January. Then, we can consider whether to submit a full proposal by
March 30, 200I.
Please note that the "proposed process steps" included in section B. Proposed Project are
initial thoughts on how the process could work according to Julie Allen and Will
Stockton. To prepare the full proposal, we would meet with Julie and Will to
design a process that meets our needs. I will be back in touch when I hear from the
Board of Government Innovation and Cooperation.
Happy Holidays!
cc: Steve Sarvi, Victoria Administrator
Serving the communities of eastern Carver County throu.qh equal opportunity in employment and education.
Minnesota Board of Government
Innovation and Cooperation
2000 preliminary grant appliCation cover page
1. Applicant name(s) List all proposed applicants.
School District 112 City of Chanhassen
Carver County City of Chaska
City of Carver
2. Contact person This person must be available to respond to questions regarding the preliminary application.
Name Betsy Chase Address District 112 Education Center
Title Dqract. or o{ Planning ]1 Po. avey Road
Agency School District 112 Chaska, MN 55318
Telephone ( 9 ~2 556- 6241 Fax ( 9 %2 556- 6189
3. Grant program Identify the grant category for which you are submitting this proposal.
[] Cooperation Planning Grant ($50,000 maximum)
[] Service-Sharing Grant ($100,000 maximum)
[] Service Budget Management Model Grant ($50,000 maximum)
4. Estimated costs
Estimated total cost of the proposal/project
Cash match
In-kind contributions from applicants
5~
$ 38,000
': $ 7,000
$ 1,000
Amount of grant request $ 3 0,0 0 0
Willingness to repay the gra.~2~s the project have the potential to reduce the ongoing operating costs of the
local unit(s) of government? (O Yes~ No
If the model has the potential to reduce local government operating costs, is the applicant willing to repay the grant
based on a percentage of the actual savings achieved? (ii Yes G No
The percentage of savings to be repaid to the state should equal the percentage of project costs paid with grant funds, not to
exceed the total amount awarded. Three points will be awarded to applicants that are willing to agree to repay the grant if the
project is successful in reducing ongoing operating costs.
This preliminary application is submitted to the Board of Government Innovation and Cooperation pursuant to M.S.
465.7/~, 465.799, or 465.801. To the best of my knowledg~the information contain2~ in this proposal is accurate and
(This cover page must be signed by the senior elected or administra ive of~cial f one applicant a~,ency.)
Attach your narrative pages to this cover page and submit seven copies of your preliminary application no later than 5
p.m. Dec. 15, 2000, to:
Board of Government Innovation and Cooperation
373 Centennial Office Building · 658 Cedar Street · St. Paul, Minnesota 55155
Eastern ~arver County Community Leaders
12-00
Pre-application.:
Board of Governme zt Innovation and Cooperation
A. Proposed Applicants
Applicants for this Cooperation Planning Grant include School District 112, Carver
County, the City of Carver, the City of Chanhassen, and the City of Chaska. Their
common interest is providing services to citizens in the rapidly growing region of eastern
Carver County. Over 10 years ago, an association was formed to bring key leaders from
these governmental units and the City of Victoria, together on a regular basis. Members
of the Community Leaders Forum include elected officials and administrators,
specifically: the mayor and administrator of each city within school district boundaries;
Carver County administrator and commissioners whose constituents live in the school
district; School Board members and the superintendent with administrators responsible
for planning, finance, community education, and community relations. The purpose of
the Community Leaders Forum is "for units of government to collaborate in support of
Community Values and the best interests of citizens of School District 112".
Every other month (five or more times) during the school year, the Community Leaders
come together for two hours. Their most recent agenda included: Discussion with
Legislators, Transportation Projects joint Communication Plan, and Organization
TT~,~,~. Priority topics for 2000-2001 identified by the group' T,-a~pc, rt~tlc, n and R~d
Construction Issues/Updates, Met Council "Smart Growth", and a review of their Joint
Fiscal Impact Study.
Historically, the Community Leaders Forum's basic commitment has been to share
information with the intent of making better decisions to benefit their mutual
constituents. A long-standing focus is discussion of future capital plans that have the
potential to impact taxes, e.g. bonds for new schools, fire stations, libraries, etc. The
intent is to manage and coordinate plans, whenever possible, so that taxpayers do not
experience a series of steep tax increases from multiple governmental units. In our
rapidly growing region, this is definitely a "shared interest" for Community Leaders. In
the last few years, these leaders have commissioned a more formal financial projection
model to both anticipate the future and track actual tax impacts. This Joint Fiscal Impact
Study was most recently presented in March 2000. The system used for two cycles has
experienced some problems with process, data access and reliability; it will be reassessed
by the group in June 2001.
Another accomplishment of the Community Leaders Forum is the adoption of a set of
shared Community Values to be modeled and incorporated into organizational
programming for the development of youth. With broad stakeholder input, eight
Community Values were adopted by School District 112, Carver County, and the Cities
of Carver, Chanhassen, Chaska, and Victoria. The Community Values are Citizenship,
Environmentalism, Generosity, Human Worth and Dignity, Learning, Respect for Others,
and Responsibility.
More recently, the speed of growth, complexity of issues, and competing interests have
made collaborative decision-making increasingly difficult. The Community Leaders
Forum worked for nearly two years with the Minnesota Landscape Arboretum to develop
the concept for a new, shared facility to include an elementary school, a public library,
community multi-use space, and outdoor recreation spaces. The intent was cost-effective
use of shared fiscal and human resources among communities and governmental agencies
and coordination of land-use plans to benefit the entire southwest region. Unfortunately,
the project fell apart when one partner withdrew.
Ultimately, when citizens approved a bond referendum to build new schools,
relationships among Community Leaders became strained over where to locate new
elementary and middle schools. Several cities competed to site the new schools in their
community and the School District was criticized for perceived flaws in the decision-
making process.
B. Proposed Project
Need
The eastern Carver County area is similar to many communities throughout Minnesota.
Certainly not all regions are growing as fast as this southwest metropolitan region, but
virtually all communities are faced with rapid technological and social change. 'More
people recognize that welcoming, ~vell,planned, and sustainable communities don't just
happen. Conversely, there is no guarantee that good communities will remain attractive
and economically healthy. Sustained community success requires committed leaders
with vision. Leaders must also possess the abilities to put that vision into action and
bring it to fruition. With increasing frequency, constituents expect leaders to have the
knowledge, skills, and behaviors to understand interdependencies among systems and to
collaborate across governmental agencies to achieve increased value to taxpayers.
Finally, leaders must seek ways of institutionalizing values and practices to support
collaboration beyond their tenure.
Eastern Carver County is unique because the Community Leaders Forum is in place and
continues to exist after 10 years. Member organizations still have a philosophical
commitment to collaboration. But now, collaboration seems to take much more work and
very different skills than in the past. Relationships are more complex: Carver County
includes multiple cities and school districts. The school district includes multiple cities.
There is one city served by two different counties and two different school districts. Each
city within the school district and eastern portion of the county has a unique character and
history. There are different economic development philosophies and plans. Leaders can
no longer assume they share a common definition of collaboration. Issues have higher
stakes and multiple competing interests. Decision-making is exponentially more
complex and emotionally charged. Individuals in leadership roles have and will continue
to change. The skill set "bar" required for successful collaboration has been raised well
beyond the level needed by leaders a decade ago. We believe that the Community
Leaders Group has unrealized potential to serve our communities - beyond the basic
commitment and current practices.
Objectives
In this project, we propose to develop and test a prototype strategy for governmental
leaders to overcome adversarial stakeholder relationships and create sustainable systems
for effective collaboration and joint planning. Intended outcomes include:
· Pro-active visioning to collaborate effectively in joint planning
· Tools to use when problems arise
· Shared understanding of tools with strategies and commitment to engage and
build the capacity of new members and, in turn, sustain a culture for
collaboration.
Process Steps
Our proposed process for improving collaboration within the Community Leaders Forum
includes three phases:
1. assessment,
2. dialogue, and
3. long-term capacity development.
The purpose of the assessment phase is to determine the readiness and commitment of the
partners to explore, through dialogue, collaborative alternatives to the processes that no
longer serve them. Assessment data will be compiled through focus group interviews
with members of the Community Leaders Forum and additional stakeholders or
constituents. Through these interviews, issues or concerns about collaborative planning,
visioning, and problem solving will be identified. Outside facilitators will analyze
responses and report a summary of common ground and major differences.
At the end of the assessment phase, the dialogue phase begins. In this phase, key
stakeholders will participate in a facilitated dialogue to:
· reach mutual understanding of their differences around priority issues
identified in the assessment,
· discover common ground for action, and
· agree to priorities for action and concrete next steps.
There will be a series of three sessions designed to provide participants with an individual
experience of dialogue. It also provides the opportunity and experience to observe the
modeling of facilitation skills for individual and team capacity development.
Following the dialogue process, Community Leaders will participate in Capacity
Building sessions. The first session focuses on reflection about the first dialogue
experience, understanding of the dialogue process and its connection to the desired
results, Participants work to develop individual skills to facilitate dialogue. Community
Leaders will evaluate the need to expand the conversations to a broader stakeholder
group. The second dialogue session will focus on the development of a successful
problem-solving process. A successful planning process will be developed in the third
dialogue session. Following the second and third sessions, there are again Capacity
Building sessions where participants step-back to reflect on their experience and develop
skills to facilitate and replicate the process.
A final session will be held with Community Leaders to evaluate results including:
achievement of desired outcomes
status of collaborative communication and relationships among members
· joint efforts to vision, problem-solve and plan
efforts of broader stakeholder groups to vision, problem-solve and plan
· skill capacity for on-going success
C. Benefits
We anticipate a continuum of benefits for Community Leaders, their constituents, and
their communities:
· Information: issues can be anticipated in a more proactive manner with the
potential for quicker action
· Problem-solving: see issues coming; have ability to deal - collaboratively and
effectively - with hard issues that already exist
· Support and development: leadership skills and tools
· Sharing resources
· Coordinated plans
· Shared vision
We believe that collaboration can be demonstrated to be more effective than adversarial
processes and that results willinclude:
· Savings in time, money and energy by getting the solution and commitment to
implement change right the first time;
· New skills to resolve conflicts inherent in complex growth and change issues
· Increased trust, confidence and capacity to find creative solutions to difficult or
controversial issues
The skills and behaviors developed by leaders in this project will be applied in
interactions with their stakeholders and with each other. It is certain that there will be a
number of new challenges and opportunities on the horizon for government leaders in
eastern Carver County. The long range potential for concrete collaborative projects is
high. Likely issues and possibilities include: · Location of public buildings
· Jointly constructed and operated facilities
· Shared service delivery, e.g. transportation
· Well-planned and balanced (housing and industrial) growth
· Coordinated approach to legislative issues
Though this collaborative development process, leaders and their communities will build
new, sustainable capacities for more effective services and successful communities. We
believe that these methods have great potential to result in more effective leaders and
communities throughout the state.
D. The need for state financial assistance
Government agencies are faced with the need to implement changes on a magnitude
larger than they have experienced before and with a higher Ievel of success. Financial
resources available to the public sector for facilitating change are limited. Scarce
resources must be allocated to direct service. Particularly in growing communities where
the infrastructure and services lag behind population increases, there are few resources
that can be shifted to support proactive planning and development of long-term solutions.
In addition, a low value has been placed, historically, on leadership development.
Leaders were expected to come with the pre-requisite skills. Public sector budgets for
training fall far short of comparable private sector operations.
Grants are one of the few sources of funds for "start-up" innovative pilot projects
available to public sector organizations. It is extremely rare to have research and
development functions or budgets. Results - even demonstrated on a small scale through
a grant project - then can. be used to leverage the organization's regular budget and bring
a successful project from the margins to the mainstream.
Board funding of this project is important to:
1. Show measurable results for the use of dialogue and the development of
collaborative cultures to impact inter-government collaboration,
2. Demonstrate the broad applicability of the process,
3. Refine the implementation process to make it as accessible and productive as
possible for other inter-government groups, and
4. Document the benefits of creative, long-te,nn solutions for system change.
Carver County
609 w. First Street
Waconia, MN 55387-1204
PHONE
(952)4424496
FAX
(952)442-4497
WEB
http:/Avww.extension.umn.edu/
county/carver/
E-MAIL
carver@extensiomumn.edu
DEO 2000
UN I VERSITY OF MINNESOTA
Ex- ens on
S E R V i C E
To: Carver County Commissioners
Carver County City Mayors and Administrators
Robert Gene~'ous, City of Chanhassen
Theresa Pesch, Ridgeview Foundation
Paul Moline, Carver County Planning & Zoning
Julie Fricke, Carver County Housing & Redevelopment Authority
From: Nancy Lenhart, Extension Educator
Date: 12/27/00
Re: Affordable Housing Workshop
You are invited to workshop that you cannot afford to miSs!
This workshop will provide new vision for an issue we are all grappling
with. It will give you an opportUnity to meet'with Others-who are struggling
to find the answer to Affordable Ho-using. ~
The purpose ofthe workshop is to iiaifiate planning for affordable housing across the
state of Minnesota by bringing together architects, designers, educators, planners,
policy makers, service providers, and community members.
The keynote speaker for the workshop is Avi Friedman, PhD, Professor of
Architecture, McGill University Designer of the "Grow Home"
Internationally renowned for his work in affordable housing
The workshop will be held Friday, January 19, 2000, 8:30 a.m. to 4:00 p.m.
at Midway Shei'aton, 400 North Hamline Avenue, St Paul Minnesota 55104.
Please feel free to call me at 952/442-4496 for further information.
There is no charge for this WOrkshop, however, registration is limited to
200.
This workshop is sponsored by:
The University of Minnesota Extension Service
"~.."'ii"i'ii:i ? ir~'~0nji~n, etion with
· . i.i ii':'ii ,The'MetrOpolitan Counc.il
: -~- 'The COllege of HUman Ec01ogyI "'
' ' The College of Naturai Resources
The College of Architecture and Landscape Architecture
The Department of Design, Housing, and Apparel, and
The Department of Wood and Paper Science
..
Affordable Housing Workshop
January 19, 2001
Agenda
IntrodUction and Welbome Dr. Charles Casey and Ted Mondale (invited)
Key note speaker:
Dr. Avi Fri'edman,
Director of the Affordable Home Program
McGill School of Architecture
Montreal, Quebec
Panel to review funding opportunities and programs in the state
o .
Lunch
Panel highlighting best practices and success stories from Minnesota
Networking breakout session: Groups based on organizational type; size of
community and/or based geographical region
Wrap-up: Working Group Report
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
December 27, 2000
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarmn
Gina M. Brandt
*A[~o [icen~cd m
Mr. Luke L. Melchert
Melchert, Hubert & Sjodin, P.L.L.P.
112 Second Street West
P. O. Box 67
Chaska, MN 55318
Re: Paws, Claws and Hooves ("PCH")
Dear Mr. Melchert:
Thank you for your letter dated December 21, 2000. Please be advised
that the City has initiated criminal prosecution of the owners of Paws, Claws and
Hooves. The City has issued separate complaints against Nancy Blood and
Patrick Blood. Those cases are set for pre-trial on February 5, 2001.
These pending cases are based upon complaints from two neighbors for
incidents which occurred on Sunday, August 27, 2000 and Monday, September
4, 2000. The complainants (whom I assume are your clients) live on Hesse
Farm Road. I have supplied copies of letters they wrote to Mr. Scott Botcher,
which are dated August 29, 2000 and September 4, 2000 respectively. Those
letters form the basis of the City's complaint in these cases.
Y..our letter makes reference to "making notes of dates, times and places
of dogs barking, calling 911 so that the County Sheriff's Department has eye
witness and first-hand knowledge of the violations of City Codes and the
Conditional Use Permit". Other than the two letters just mentioned, I do not
have any additional information. If your clients have additional information, it is
imperative that you supply that information to me as soon as possible. It would
Suite 317 * Eagandale Office Center * 1380 Corporate Center Curve o Eagan, MN 55121
Mr. Luke L. Melchert
December 27, 2000
Page 2
be important to substantiate the pending cases, and perhaps would form the basis
for additional charges.
Please contact me if I can be of further assistance.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By' ~ .~
Elliott B. KnetscL~
Chanhassen City Attorney
EBK:vmk
cc: ~S~ottBotcher, City of Chanhassen
Sharmin A1-Jaff, City of Chanhassen
90965
AMM FAX
December 25, 2000
.,
61Z 937 5739 Scott Botcher
Governor Informs Legislators of Tax Proposal
On December 22, 2000 Governor
Ventura sent a letter to all
legislators regarding his 2001
tax proposal. In the letter the Governor
recommends the following:
· State takeover of the K-12 general
education formula. The takeover is
estimated to cost $900.0 million
annually.
o Reducing the property tax on business
and rental housing
· Broadening the sales tax base to
services.
Reducing overall reliance on the
propertytax.
Reallocating some existing general
purpose aids to formulas that more
clearly reflect local needs and re-
sources.
Exempting local governments from the
sa les tax.
While the letter does not give specif-
ics the Governor notes that "To be clear, I
am not looking at reductions at Local
Congress Increases Housing Tax Credit and
Tax Exempt Bond Allocations
During the final negotiations on the federal budget Congress agreed to in
creases in the federal Iow income tax credit and the tax exempt private
activity bonds. The agreed to increases will occur over a two year period beginning
in 2001. Each state receives a tax credit allocation equal to $1.25 per capita.
Minnesota's current allocation approximates $5.8 million. The bond authority is
also allocated on a per capita basis ($50). Based on a population of approximately
4.7 million the state's bond allocation is $238.7 million.
The state's tax credit allocation will increase by $1.2 million for each year of the
phase-in ($0.25 per capita each year). The Minnesota Housing Finance Agency
(MHFA) estimates that the additional credits could fund six to eight additional
developments. At the end of the phase in the tax credit allocation will be $7.2
million.
The bond allocation increases of $12.50 per year for each of the two phase-in
years will result in $58.7 million in additional allocation each year. At the conclu-
sion of the phase in the allocation will approximate $356.0 million.
Government Aid (LGA). But I will propose
that we look at undesignated aids such
as the Homestead Agricultural Credit Aid
(HACA)." The Governor further wdtes that
HACA could be used for education
property tax relief. He does not comment
on levy limits or if the loss of revenue from
the sales tax exemption would be offset.
A copy of the letter is available at the
Governor's web page
(www. governonstate.mn.us) or calling
the AMM office at 651 215 4000.
Legislative Coordinating
Commission's Subcommittee
Recommends Salary Cap
Change
At its Monday December 18,
2000 meeting the subcommit-
tee recommended that tlqe local
government salary cap increased
to allow a maximum salary of 125%
of the Governor's salary. The current
maximum is 95%. If enacted the
legislation would set the maximum at
approximately $150,000 a year.
AMM IVewS Fax is faxed to ali ,4MM cit. p
managers and administrators, legislative
contacts and Board members. Please share
this fax with your mayors, councilmembers
and staff to keep them abreast of impor-
tant metro city issues.
145 UniversiO, ~4~,enue U/est
St. Paul, M3' 55103-2l)44
Phone: (651) 215-4000
,Wax: (651) 281-1299
E-mail: amm@_,amm145, org
Metropolitan Council Holds Two Public Meetings
Regarding Housing Affordability Criteria
The Metropolitan Council has held two public meetings regarding the update to
the housing affordability performance criteria. Representatives of housing
advocacy groups, AMM, and Dakota County discussed the criteria with the
committee. While the advocates supported the criteria (100 points) AMM and
others suggested changes tothe criteria and options that link transportation
funding to housing. The committee will meet in early January to review the testi-
mony and possibly redraft the proposed criteria. A public hearing is scheduled for
late February to solicit comments on the revised proposal. AMM will keep you
informed of the proposal's progress.
Dept. of Revenue awards TIF grants and additional
pooling authority
.Andrea Stearns
~Iiefin
When the Legislature began reducing
property tax class rates on commer-
cia_l/industrial property in 1997, the
tax increment financing grant program
was created to address TIF district
deficits caused by the class rate
reductions. Originally, a total of $2 mil-
lion was pumped into the fund and
that amount was available until Jan. 1,
2001. In 1999, following two more
years of similar class rate reductions,
the Legislature padded the TIF grant
fund with an additional $4 million.
The extent of the overall deficit
problem had been nearly impossible
to quantify but the Legislature wanted
to ensure that outstanding bonds were
not jeopardize&
The 1997 Legislature authorized
additional pooling authority as
another mechanism to address deficit
problems. "Pooling" generally refers to
expenditures made outside ora given
TIF district's boundaries, and the TIF
laws limit the circumstances under
which this may occur. In order to
utilize this additional pooling author-
it-y, a TIF municipality is required to
make application to and receive
approval from the Dept. of Revenue
on an annual basis. The opportunity to
apply for additional pooling authority
is ongoing and does not expire.
TIF grants awarded
The first grant cycle occurred at.
the end of 1999 when a total of
$1,361,275 was awarded to the cities
of chanhassen, Maplewood, Ely,
Mountain Iron,Watkins, Coleraine,
and to Jackson County.
For the year 2000 grant cycle,
13 TIF municipalities applied for a
grant from the TIF grant program.
Eight of them were denied because
they did not have an overall deficit for
their qualifiedTIF districts in 1999.
According to the Dept. oflZevenue,
in order to qualify for a grant in 2000,
a TIF municipality must have had
both/an overallTIF property tax loss
for its qualified districts in 1999 and
an overall combined deficit for its
qualified TIF districts in 1999.The
Dept. oftTevenue notified five
municipalities of their 2000 TIF grant
amounts in a letter dated Nov. 14. On
Dec. 26, a total of $1,020,175 will be
distributed to the foLlmving cities:
· Chanhassen: $625,368 ~
· Columbia Heights: $300,352
· Lafayette: $704
· Luverne: $7,302
· Waconia: $86,449
A total of $3,618,550 remains in
the TIF grant program and is available
through the end of next year for
application toward any further deficits
caused by the 1997 through 1999 chss
rate reduction.
The remaining balance in the
TIF grant program does not necessar-
ily indicate the lack of a continuing
deficit problem. It is possible that
some communities have chosen to
address their deficits in some districts
by keeping other districts open that
they might otherwise have closed out.
It should also be noted that other ·
proposals for property tax reform
currently being discussed could
significantly exacerbate actual and
potential deficit situations. For example,
the Dept. of Revenue reportedly ~
estimates that Gov. Ventura's state
takeover of education funding plan
could create an $86 million'Dp
between requiredTIF bond payments ,
and reduced property tax revenues.
AddRi0nal pooling authority
A total of five cides applied for
additional pooling authority and four
were approved (the one denial stemmed
from an application made in error
where the city did not actually need
the additional pooling authority). The
four cities that received approval for'
additional pooling in 2000 and the
amounts approved are as follows:
· Detroit Lakes: $18,871
· Hibbing: '$7,936
· Little Falls: $26,137
· St. Paul: $201,843 ~-
Youth in Duluth at LMC Annual Conference ..
Kayla Boettcher
The LMC Annual Conference is sneaking up on us again. Maybe this is your city's year to sponsor youth delegates
at the conference! Building upon the success of the youth delegations in Rochester and St. Cloud, we are again
planning for youth to attend the conference in Duluth,June 19-22, 2001.
Wondering about cost?Youth (and any specially designated chaperones) register for only $35.The only addi-
tional costs would be for room, travel, and any meals not covered by the conference.
Youth add a dynamic perspective to the conference, as well as to city hall. Sessions focusing.on youth involve-
ment with city government wLll be designed for both youth and adult delegates. Watch for more details as they are
planned, and start planning now. If you have questions, contact Kayla Boettcher at LMC, (800) 925-1122 or
kboettch~Imnc, org.
, ~
December 20, 2000 .' Page 3
What's new @ the LeagUe of Minnesota Cities?
Your work in local government is about to get easier.
Beginning ~an. 3, 2001, the League will debut an
all new, interactive web site that will allow you to:
)~ subscribe online to League publications and services
)~ register online for League training, conferences, and workshops
[~ file online properly/casualty'and workers' compensation claims
)~ submit research questions online
~ contact LNIC and LNICIT staff via e-mail
[ search the entire web site by subject to find information on:
- city management and governance available in the Handbook for Cities
- legistative news through the Bill Tracker and video Capitol Reports
- personnel resources through the Labor Relations and Salary
Survey Database
- key contact information for ali 855 1Kinnesota cities and LNIC member
townships and special districts available in the City Directory
- a range of businesses that provide a variety of Products and Services
to meet your city's needs
- programs, services, and initiatives such as the Building Quality
Communities effort
- Insurance Trust coverage, loss control, and risk management
information through the LNICI~ Library
¥isit the site often for all the latest news!
League of Minnesota Citie~ · 145 University Ave. West · St. Paul, MN 55103-2044 · (651) 281-1200 · www. hunc.org
CITYOF
690 G0, Ce,ret Drive..PO Box I47
C/;anham,. Mi,,esota 55317
£ho,e 612937.1900
Ge,era/ £ax 612.937.5739
£,gi,eeri,g Fax 612.937.9152
P,b/ic SafeO, ?ax 612.93(2524
Web www. cl. cha,hasse,, mn. to
MEMORANDUM
TO: Mayor
City Council
FROM:
DATE:
Lori Haak, Water Resources Coordinator
December 21, 2000
Acquisition of Lot 1 I, Block 1 Shadowmere Addition - 500 Bighorn
Drive
BACKGROUND
On November 13, 2000, the Chamhassen City Council heard a brief presentation
regarding the proposed acquisition of the above parcel. Council instructed staff to
get an appraisal and bring a purchase amount back to Council for approval.
The ]2urlvose of this memorandum is to inform the Council that acquisition of the
above lot is not being pursued and to ])resent the rationale behind this decision.
RECENT DEVELOPMENTS
During the week of December 4, 2000, Wayne Branum (architect for the prope~W
owner) contacted City staff to arrange a meeting between himself, the prope~xy
owner and City staff to discuss plans that he had drawn up for a house on the
property. A meeting was arranged for December 11, 2000.
Prior to the December 11 meeting, staff discussed how to inquire whether the
property owner was willing to sell. Further conversations between staff members
resulted in the following conclusion: The City was not in a position to discuss the
sale of the lot. For this reason, City staff did not discuss acquisition of the lot
with the property owner or his agents at the meeting on December 11, 2000.
At the December 11 meeting, it became evident that the property owner would
need to apply for a variance in order to construct the house as designed. If the
City had pursued acquisition of the lot, was not able to acquire the lot and denied
the property owner' s variance request (for any reason), the City would have been
under intense scrutiny. Abandoning the proposed acquisition removes the City
from a situation where its decision could be called into question.
Mayor and City Council
December 21, 2000
Page 2
(It should be noted that the property owner has applied for a variance. The variance request will
appear before the Planning Commission on January 16, 2001.)
ANALYSIS
After thoroughly reviewing this issue, city staff determined that it could not have ethically
approached the property owner about the sale of the lot at any time after the property owner's
initial July 2000 telephone call to the City. It was clear from the July 2000 conversation that the
property owner intended to place a house on the lot. After that conversation, if the property
owner refused to sell the lot to the City or if an agreement was not reached on the purchase price,
future City actions regarding the parcel could have been challenged. Staff was concerned that
any future City decisions may have appeared to be motivated by a desire to obtain the lot or
pressure the property owner into selling.
In light of the December 11, 2000 meeting, it appears unlikely the City would be able (or
willing) to offer a price that the property owner would accept. Although any structure on the lot
must meet a variety of setbacks (discussed in the attached November 8 memo), the lot is a
lakeshore lot. Therefore, any property o~mer is likely to ask a high price.
SUMMARY
City staff is not currently pursuing the acquisition of Lot 11, Block 1 Shadowmere Addition.
Staff believes that the lot would be a good investment as a part of the City's Surface Water
Management Plan; however, staff is not planning to pursue lot acquisition unless the lot becomes
available in the future for a reasonable price.
Staff recognizes that the City should continue to take precautions to ensure that highly marginal
lots are not approved in future developments. In addition, staff recommends the City take a
proactive approach in identifying marginal lots in existing developments. This would allow the
City to ascertain whether it may have future interests in these parcels, prioritize its interests and
pursue acquisition if the opportunity arises.
G:~NGELORIXADMINkPLANNINGkShadowmere Memo 2.doc
LeaHua of ~inne~ota Citie~
December 15, 2000
14~5 University Avenue ~Test, St. Patti, MN 55103-2044
Phone: (651) 281-1200 · (800) 925-1122
Fax: (651) 281-1299 ° TDD (651) 281-1290
We]~ Site: http://~wcw.lmnc.or~
TO:
FROM:
SUBJECT:
Mayors; Managers, Administrators or Clerks
James F. Miller, Executive Director
2001 NLC Congressional City Conference
Registration and Conference Program
Enclosed is the program brochure and registration form for the 2001 NLC Congressional City
Conference, to be held in Washington, D.C. March 9-13. The League of Minnesota Cities encourages
city officials to attend and take part in developing an action plan to gain support for critical budget and
policy issues facing cities during the 107th Con~'ess.
As in previous years, the League is planning an opportunity to meet with the MilmesOta Congressional
delegation. Wc are currently attempting to schedule one meeting with the entire delegation. If that is
not possible, we will schedule individual meetings with each Member. Watch the Cities £ul[etin for
details.
For those of you from cities which are not currently Direct Members of NLC, please note the revised
dues schedule intended to encourage membership from smaller cities. The offer for the special 1st year
rate expires December 31't. This is an excellent time to join NLC! Of course, you may attend the
Congressional City Conference whether or not your city is a direct member. The new dues schedule is:
Population Range 2001 Dues Specialist. Ye~ Rate
Underl,000 $200 $100
1,000-2,500 $407 $204
2,500-5,000 $614 $307
5,000-10,000 $849 $425
10,001-20,000 $I,132 $566
20,001-30,000 $1,413 $707
30,001-40,000 $2,476 $1,238
40,001-50,000 $2,897 $1,449
50,001-60,000 $3,395 $1,698
60,001-70,000 $4,103 $2,052
70,001-80,000 $4,522 $2,261
The deadline for advance registration is Friday, February 2, 2001. After that date, on-site
registration will be necessary. Room reservations should be made immediately as they aide at a
premium at and near the Washington Hilton.
A-N EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Congressional City Conference 2001 March 9-13
Page 1 of 2
~' Natior~al League ofQ'ties. ~1 o strengthen and promote cities as centers of opportunity,
Congressionai Conferen. ce
Investing in Communities--Investing in
America's Future
2001 wilt begin with a new President, a new Congress, and a
new domestic agenda for Investing in Communities
spearheaded by NLC and a coalition of more than 20 national
organizations.
With this changing scene in Washington, you can't afford to
miss the 2001 Congressional City Conference, March 9-13, at
the Washington Hilton and Towers.
The new President and the 107th Congress wilt assume office
with anything but a dear mandate from the voters. A disputed
Presidential election and razor thin Republican majorities in
the House and Senate suggest perhaps a mandate for a new
bipartisan coalition that sets political differences aside in favor
of achieving consensus on tough public policy issues.
NLC's incoming President Dennis Archer is leading the effort
to ensure that the Investing in Communities agenda resonates
with the new Administration and Congress. The agenda carts on
the new leadership to "invest in America's future" by creating
new partnerships that "build a vital and prosperous future for
att of America's communities." The six-point action focuses on:
1. Reducing poverty by improving public education, job
training, and public transportation;
2. Investing in revitalizing existing communities and
providing affordable housing;
3. Building and maintaining local infrastructure;
4. Investing in children, youth and families;
5. Supporting and protecting local authority and
responsibility; and
6. Promoting equal opportunity for att.
The Congressional City Conference provides a unique
opportunity to team about how you can help advance the
agenda and be part of a unified and powerful voice in
Washington on behalf of America's communities.
Key Issues
CCC 200~ wilt feature legislative and policy sessions,
thl/fY1
Congressional City Conference 2001 March 9-13
Page 2 of 2
You are visitoz number:
000008
Last update: 1/2/01
workshops, and meetings on Capitot Hitt with congressiona[ and
administration readers to focus on the federat issues that wit[
be most criticat to cities and towns in 2001 and beyond.
Examptes of some issues that witt be covered at CCC 2001
inctude:
ELECTRONIC CO),~'tERCE EQUITY
TELECOLC,~,UNICATIONS AND MUNICIPAL RIGHTS-OF-WAY
PRE~PTION
THE DIGITAL DIVIDE
Sh%RT GROWTH
YOUTH AND FAV~ILtE£
PRIVACY
INFRASTRUCTURE
PUBLIC SAFETY
HOUSING
TO CONTACT US:
PHONE:202-626-3000
FAX:202-626-3043
EMAIL:BRICE@NLC,ORG
/hl /IhQ
CONFERENCE
SCHEDULE
9:00 a.m. - 5:00 p.m. Leademhlp Training Institute Seminars
5:15 p.m. - 6:30 pm. Orientation Se~ion for First Time Attendees and
Newly Ehxt~ Officials
5:30 p.m. - 7:00 p.m. Constituency and Special Group Meetings -.'
9:00 a.m. - 5:00 p.m. NLC Board of Directors Meeting
9:00 a.m. - 5:00 p.m. NLC Advisory Council Meeting
9:00 a.m. - 5:00 p.m. Leadership Training Institute
10:00 a.m.- Noon 2001 Legislative Briefing
1:00 p.m. - 3:00 pan. Policy Committee Meetings
* Human Development (I-ID) . .
* Information Technology, and Communications'
(ITC)
* Energy, Environment, and Natural Resources
(EENR)
3:15 p.m. - SdS p.m. Policy Committee Meetings
* Community and Economic Devdopment
(CED)
* Trampormtion Infras~zUcture and Services {TIS)
* Finance, Administration and Intergovernmental ~ ;':'
.Relations (FAIR) .. '- . '
_ , Public s~ety ana crime Prey .~tion
5:ls p. ni- 7:oo'r,.~." Comltuency'~d S~ GroU~
7:30 a~m.- 8:30 a.m. Steering Committee Meetings -
* Human Development (HI))
* Infomtion TechnolOgy, and Communications-
' ' (ITC) '. - --: : .. ': -: ~-;'-:.i-.':.:~.
, Energy, Environment, and Nattml ResoUrc~'
(EENR) ..- ......... : --. :-_
7:30 a.m. - 8:30 a.m. Small Citie-~ Council Steering Committee Meeting
8:30 a.m. - 10:00 a.m. Celebrate Diversity Breakfast
. -.
10:15 a.m. - 11:45 a.m. General Session
Noon - 1:15 p.m. Roundtable Networking and Lunch
Noon - 1:00 p.m. Steering Committee Meetings
* Community and Economic Development (CED)
* Transportation, Infrastructure and Services (TIS)
* Finance, Administration and Intergovernmental
Relations (FAIR)
* Public Safety and Crime Prevention (PSCP)
1:30 p.m. - 2:30 p.m. General Session on Investing in Communities
2:45 - 4:15 p.nt Concurrent Workshops
4:30 p.m. - 6:30 p.m. Constituency and Special Group Meetings/Events
6:00 p.m. - 7:30 p.m. Opening Reception and Entertalmnent
9:00 a.m.- 10:30 ama. General Session on Congressional Priorities
10:45 a.m. - Noon General 8e~ion on Administration Priorities
12:15 p.m. - 1:45 p.m. Roundtable Networking and Lunch
2:00 p.m. - 3:45 p.m. Concarrent Wotkshop~
4:00 p.m. - 6:00 p.m. State Munidpal League Briefings and Caucuses
4:30 p.m. - 6:30 p.m. Constituency and Spefial Group Meetings/Events
7:00 a.m. - 10:00 a.m. Shuttle bus service fi'om the Washington Hilton to
Capitol Hill
Early morning State Munidpal League Congressional Breakfasts and
9:00 a.m.- 11.-00 a.m. Roundtable Sessions on Capltol I'Ffll
. .: -
Congressional City Conference 2001
KEY ISSUES
CCC 2001 will feature legislative and
policy sessions, workshops, and meetings
on Capitol Hill with congressional and
administration leaders to focus on the
federal issues that will be most critical
'to cities and towns in 2001 and beyond,
Examples of some issues that ;viii be
covered at CCC 2001 include:
ELECTRONIC
COMMERCE EQUITY
The 106th Congress failed to resolve the key issues
facing cities and states as online shopping becomes a
way of/2f'e and threatens the future of traditional
retailers and the sales tax as a viable source of rev-
enue/'or basic public services. While Congress
debated but did not finalize legislation in 2000,
states and local governments continued to work
'together to develop a streamlined sales tax sys-
tera that would simplify tax systems and reduce
the burden of collection on interstate vendors.
Learn what's ahead as this important public
policy, debate continues.
TELECO~IU~'qCATIONS AND
MU~rlC~AL RIGHTS-OF-WAY
Communications technology is changing so
rapidly that the separate services that exist
'today'~qll soon be a thing of the past. The
"bundling" of communications services such as
telephone, cable, broad band, Internet is already
happening. Cities need to work
with local govemraent coalitions
and the telecoraraunications
industry to ensure their contin-
ued authority over their rights-
of-way and their fights to tax
certain telecommunications
vices like cable. You will have
the opportunity to learn what
approaches will be taken by the
new administration and
Congress in regulating and legis-
lating on these issues, and will
be provided with a local officials
guide on how to manage munic-
ipal rights-of-way
PREEMPTION
In 2000, cities and towns won one and lost one on
key preemption battles. The Religious Land Use
and Institutionalized Persons Act (RLUIP^) - a
significant preemption of local zoning authority -
was signed into law. But, pressure from local offi-
cials led the Senate Judidary Committee to aban-
don efforts to pass its version of "takings" legisla-
tion that could federalize local land use derisions.
Learn how the rdigious land use legislation
affect cities in 2.001 and how local authority will fare
in the 107th Congress.
THE DIGITAL DIVIDE
Technology offers incredible opportunities for
improved cornrnunication, enhanced public educa-
tion, and easy access to public services ~ public
information. Government, however, has an essential
role in ensuring that all Americans have the opportu-
nity to learn and have access to the advantages of
high technology. NLC's Investing in Communities
agenda calls on the public and private sectors to work
together to eliminate the digital divide. Learn about
roles, responsibilities, and opportunities for ensuring
that technology doesn't cream a wider gap be~,een
"haves" and "have nots" in om communities.
SMART GROW]It
NLC Vice President Karen Anderson is launching
a year-long focus on building quality communities
that will address key issues related to growth and
development in this new century. What role will
Congress play in growth and development issues
affecting our communities related to transportation,
econorrdc devdopment, and regional
approaches to meet shared needs?
YOUTH AND FAMILIES
The new Congress is likely to explore a wide
range of issues affecting children, youth, and
families. Some of the issues that will be on the
federal agenda include availability of health care
for low income families and children, reautho-
rization of the elementary and secondary educa-
fi.on act, and funding for the youth jobs program.
How will the 107th Congress address key issues
that are fundamental to NLC's Investing in
Communities agenda including supporting pro-
grams that are recognized for their success in devel-
oping children and youth, strengthening public edu-
cation, and ensuring adequate resources to meet the
basic needs of our families including health care and
child care?
PRIVACY
Easy access to technology is increasingly rais~g
questions about easy access to confidential and per-
sonal information. It is also raising questions about
what level of government should make derisions
about privacy requirements and how those require-
ments will affect local governments, particularly
expanded liability. Learn about existing regulations
that will have an impact on dties and towns and
other looming privacy requirements
that local officials should be aware of.
5NFRASTRUCTURE
The future of our communities
depends on building and mahtaining
the infrastructure best suited to their
needs for the 21st century - including
transportation kffrastructure, environ.
mental infrastructure, and ut~ty and
: energy infrastructure. What lies
ahead on the continuing public debate
about electric utility deregulation? W'dl Congress
address continuing wastewater infrastructure issues?
What's likely to be on the agenda on key
transportation 'issues including railroads,
motor cartier safer3; and other surface
transportation issues?
PUBLIC SAFETY
Local officials are fundamentally responsi-
ble for ensuring public safety in their
communities. But the federal government
can and should play a key role in support-
ing those efforts. Key public safety issues
likely to be on the congressional agenda
include reauthorization of the crime bill
and formula changes to the Local Law
Enforcement Block Grant which is a vital
source of supplemental funding for local
public safety initiatives.
HOUSENG
The Investing in Communities agenda urges
Congress to be a key player in the future of our
communities by investing in the revitalization of
existing communities and supporting the availability
-- of affordable low- and mod-
crate-income housing, both
for homeownerskip and
rental. The 107th Congress
could take up a range of
housing issues such as
federal initiatives to increase
the supply of affordable
housing and federal funding
for new production as well
as matching grants to state
and local government for
preservation.
LEADERSHIP TRAINING
INSTITUTE SEMINARS
HJlJ~DAY SEMINARS
FRIDAy MARCH9
,~J~S FOR 'rile 21,~ CEN'ITJI~
9:00 ~ - 5:~ g~
~~ Fee: $150
C~e ~: ~m~o~
~ge p~. Y~ ~ 1~ ~e p~-
~ ~~ of a ~fo~fon~
1~ ~d ~ s~c l~d~p g~s
1~. P~ ~ ~d~
~s ~to l~p o~~
~ol~a C.~ ~ Ne~
5~C ~m~ a~ D~O~
M~ mR ~ Om~
9:00~m. -
R~a~ Fa: $150
~n~ ~d ~m~ n~ for
a~ ~c l~dm~p ~d d~sion-
~g by ~ o~s. It h~t~
~c l~p ~le. P~p~
g~ ~ ~d~g of ~e "f~o~ of
a ~gh ~ge ~d ~ ~li~
a 12-~ ~c l~d~p ~d g~-~t-
~1 ~ ~ ~lo~do
~~ ~~ 9
Ev~ ~ ~
O~
1:30 p.~ - 5:~ p.~
R~trafi~ Fee ~5
~e ~': ~m~t Pn~ition~
~y &~ o~ ~ hold ~e
~ve ~ble for ~s~
fo~ ~d ~e ~orm~ce of ~e o~a-
fo~ ~ f~ ~y ~d o$~
~ ~ ~ d~ ~ ~pl~
~ce of gi~g ~ve f~
~d w~l ~p mayo~ ~d ~un~s ~5~ ~is
~ho a~ ~ ~ ~ ~ a k~
~d~ of why h~ w~t f~
~d h~ ~ ~ ~t ~e f~
vid~ d~g ~e ~Gua6on p~.
a~ve ~ion ~t d~ons~
~d ~ of p~d~ f~b~
~e top ~in~
I~:
J~ia No~ C~ M~, Ry~
N~ York
~m~, F~ ~11~
~1o~
How'to ~ Yo~ Errs,
1:30 gm. - 5:00 gm.
Reffnstratlon Fee: $95
Core Competency: Competent Practitioner
This is your opportuaity to gala skills with
a step-by-step guide to develop, implement,
and evaluate a marketing plan in your com-
munky. Examine effective marketing and
communkation strategies that local govern-
ments have used to obtain dtizen support
for the services that their cities and counties
provide. Partidpant handouts indude the
NLC Local Offidals Guide, How to
Market Your City, co-sponsored by 3CMA.
lnstruaon:
Richard Lillquist, Executive Director,
3CMA, Hemdon. Vh~nia
Camille Kellogg, Manager, Marketing
Communications, National League
of Cities, Washington, D.C
PasLmOm
1:30 p.m. - 5:00 p.m.
Re~tration Fee:
Core Competenq,,: Communicator
This highly interactive seminar will teach
paxtidpants how to look and sound their
best when dealing with the media - TV,
radio, and print- from message develop- -
meat to successful interviews on camera.
You will learn how to handle tough inter-
views, sensitive issues, and clarify responses
on "hot topics." Also, learn how to develop
easy-to-communicate messages, as well as
how to dress, sit, stand, and gesture with
Instructor:
Joseph Slye, Kalish Communications.
Washington. D.C.
FUI~DAY SEMINAR
SATURDAy, MARCH10
Em~c'm~ Ds'r~o Sk~cs
9.'00,~.m.
Re~stration Fee:
Core Competeno,: Communicator
Experts believe that at least half of all lead-
ers' and managers' time is spent listening.
Research has shown that we listen more
than any other activity except breathing,
and perhaps talking, accounting for at least
40 percent of our communication panidpa-
tion. Yet, most people receive less formal
training in listening skills than any other
activity or skill that they utilize in their
work and everyday live~ This seminar is
designed to provide you Mth both knoM-
edge and practical ways to enhance your
effectiveness as a leader by developing and
improving your listening skills.
Instructors:
Nadia Sellars, National Career Group
Training and Development.
Lansing, Michigan
Marvel Land, National Career Group
Training and Development.
Lansing, .Michigan
MORNING SEMINARS
SATURDAy MARCH 10
CO,~0N~CmO,~ Success
9:00 a~m. - Noon
Reff. utration Fee: 195
Core Competency :'Collaborator
Effective communication is the lifebl6od of
evex3r relationship that you have and a
strong determinant of your succe~ or
failure. In fact, sodal sdentists maintain
that at least 75 percent of all conflicts stem
from communication style differences.
As a participant ia this workshop you will
identify tools to signi~cantly reduce conflict
ia your life and improve your professional
and personal relationships. You will also
develop strategies to encourage others to
be more receptive to your message. This
engaging and fun program has been a
favorite among elected officials from all
levels of govemmeat.
Instruct:
Rhonda F._ilyer. Agreement
Dymmics, Inc., Seattle,
Washington
B~XRD OF Dm~TORS: I_.ESSOh'S ~OM
9:00 a.m. - Noon
Re~nstration Fee: $95
Cere Competency: Competent Practitioner
'Public' Boards of Directors have a different
experience and operate in a challenging but
workable environment today- open records,
open meetings, active citizens, and media
axe a reality. TI~ seminar applies six
lessons from effective councils to your
council giving you specific techniques to
enhance )'our performance as a 'Public'
Board of Director~ Gain enhanced
confidence and energy to take action back
home_
Instructor:
Lyle Sumek, Heathro~x: Florida
t~C,H-L',.[P?,Cr R~,'no~[~
STR~TEa~- P,~r I
9:00 am. - Noon
Re~stration Fee: $95 .
Core Competency: Communicator
Gain insight into your motivators, behav-
iors, and actions, as well as of those around
you. Learn how personality traits influence
the way you think, plan, listen, generate
ideas, process information, take risks, carry
out job respons~ilities, deal with change
and interact with people. Learn the neces-
say elements of communication to build a
stron.g connection between you and your
Instructor:
Todd Arwood, Louisville, Kentucky
AFTERNOON~
SATURDA~ MARCH 10
Srrmm~ Lr=~e~-up FOR Loc~
l : 30 p. nt -
Re~stratlon Fee 195
Core Competency: Cornerstone
Do you know your leadership style and how
it affects the people around you.) The goal
of this semimr is to as~t loeal elected offi-
_ . . . ~ _ . .
dais and ~ovemment leaders to think differ-
ently about leader~p and your unique
leadership style. You will learn how to
adapt your leadership style to different situ.
ations and the perception of other~, diag-
nose the devdopment level of your con-
stituents and/or employees, and then match
your style to the situation. Partidpants will
learn which leadersh/p style is most appro-
priate in different situations. The seminar
wraps up with a focus on end results with
goal- reaching activities and personal action
plans.
Instructor:
Kathy Cartier, Training ~olutions
Group, Fort Wayn~ Indiana
12 $'na~'to Lr_,~eao Yout~ Orr
l :30 p. m. - $:00 p.~
R~stration Fee: $9.5
Core Competency: Catalyst
Leading your dty can be fun and produc-
tive - you fed that you are making a better
dty for tomorrow and in the future. This
seminar focuses on inspiring mayors and
council members to have the courage to lead
and providing simple, proven techniques of
l~dership in municipal government. Learn
the three dimensions that effective leaders
have in common... (1) Path Definer --
believe that they can create the future
through their decisions and actions; (2)
Team Building - believe that one must
develop partners in order to accomplish
goals; (3) Conductor- believe that they
need to inspire others to act, to empower
others to make decisions
Instructor:
Lyle Sumek, Heathrow, Florida
I-~c~.I.m~cr
Srt~ATV_ra~ - PArr 11
1:30 p.m. - 5:00 p.m.
Re,~stration Fee $95
Core Cornpeter~: Collaborator
Expand your basic rdationship skills with
strategies and tools to deal with extreme
behaviors such as "know-it-ails," "perfec-
tionists,'' "bullies." and "cynical" people to
name just a few. Lean how to face even the
toughest person because you will be armed
with diffusing tactics that world Gain the
ability to look beyond the incorrect percep-
tions that people may have of each other.
Develop a better understanding of the
strengths, weaknesses and motivations of
others. Most importantly, gain insights into
how to maximize the potential in yourself -
and those in your community.
Instructor:
Todd Arwood, Louisville, Kentucky
Cor~cate of Achievement in
Leadership program allows local elected
oflldals to organize their profe~ional
development around critical skills nee. a~-
~ for effextlv¢ leadership. The pro-
gram is built around five core leademhip
eompetendea for local elected
Seminar addressing one of the following
cornp~en~ areas...
(9 Cornerstone,,
(2) Competent Practitioner;,
(3) Communicator,
(4) Collaborator;,
(S) Catalpt.
I
I
!
!
i
i
I
I
!
1
!
I
!
I
!
I
1
I
!
I
i
I
i
i
I
I
I
I
I
i
i
1
I
I
I
I
!
I
I
!
!
I
!
I
!
For FASTER registration, use your credit card (Visa or Master Card)
And FAX your form to (703) 631-6288
rmm mm m m mm ..m m mm mm --.. ----, Imm mm .,m m mm m m --" m .m mm m m m m .m mm mm ,-- mm m --, mm mm .m, mm mm m
NLC CO ¢RF_,SS OS Cnw CONF C R ¢ STR T ON HOUSrNO FORM
Washington HiltOn Hotel and Towers · Washington, DC - March 9-13, 2001
Advance Registration Deadline: February 2, 2001 , Online conference registration at http://www, nlc,org
No housing or re~stration will be processed without accornpan.~qng payment in full.
Are you a newly elected/al::~ointed offidal?
Are you a youth c.~pemne?
First-time conference attendee?
Years in office
ODIER CREDIT C~MID IN'FORMATION (to ~ ~tor~z Dm~SrO
Ct~t/t ~ Num~ C.~i/t ~ LW. raica
Number cac conferermes at*amded Si2e of city
Name Sex
Witle
City/Organization
Mmling Address
Ciw State Zip
Phaae ( I Fax (
Spouse Name ($25 fee)
Child Name (14 and under., no fee) Age
Youth Delegate Name' (15-18, $50 fee) Age
SP~C2L Co.,,m2m,;~
[] I1 $25 $!~use/Guest (non-refundable)
[] G1 $50 Youth Delegate S
[] H1 S50 Youth Cb. ap~one (not appI~z~ to de~d off, cials)
ADV..kNCE RECdSTR.*TION FEES (Postmarked b' February 2, 2001)
~ C2 $360 NLC/SML Member* S
[] D2 $360 Assodate Member'
[] E2 $460 SML Mem~ $
[] F2 $535 Non-Y. lember-Odmr~ $
LEADEKSHIP TR,.kLNTNG I. NTITrUTE SD, rL-N,~RS (Friday, March 9, 2001)
[] B1 $150 Transformational Leadership Skills for the 21st Century $
~ B2 $150 Strateg/c Leadership & Decision Making for Elected Officials $
[-~ C1 $95 Evaluating the Chief Executive Officer
[] C2 S95 How to Maker Your City S
i_~ C3 $95 Lozal Oftidals Guide to Media Relations $
Ltmt-'RSH~P TR~.t',~O LX'STITbTE S~',~.~RS (Sat,,'day, Ma,'a .W, 200 ~ )
[] D1 $150 Effective Lizening Sk/lls $
[] E1 S95 Resolving Conflicts: Commurdcat/on Success Sisals $
[] F_2 $95 Achieving Succ~ as a "Public" Board of Directors $
[] E3 S95 H/gh-Impact Relationship $trategdes - Part I $
[] F1 $95 Situational Leaderskip for Local Officials $
[] F2 $95 The Courage to Lead - 12 Steps to Leading Your City
[] F3 S95 High-Impa~ Relationship Strateg{es - Part II S
SPECl,2. EV'E~"T FFF.q
1-5, BI S25 GLBLOAcdvityFee $
[] C1 S25 HELO Activity Fee
[] E2 S40 NBC-LEO Reception $
[] G1 S50 WIMG Lund,.eon $
[] H1 S35 Sunday Celebrate Diver~ky Breakfast (Postmarked by 2/2/01) $
TOTAL REGISTRATION FEE: $
,~ter February 2, *Ondte fee $400 ~Oasite Fee $505 '~'~Onsite Fee $585
REGISI?,ATION PA.v~'NT
IUST BE CHECKED FOR HOTEL RESERVATION)
Charge my REGISTRATION FEES to the %qSA or MasterCard listed below
~ Check for REGISTIL~.TION FEES made payable to National League of Cities
[] Purchase Order for REGISTRATION FEES (must enclose copy of the purchase order)
HOTEL DEPosrr LN'FORMATION:
[] Cha.tge my HOTEL DEPOSIT to the credit card listed below
[] Check for HOTEL DEPOSIT (submit directly to hotel)
I~ Purchase Order for HOTEL DEPOSIT (submit directly to hotel)
CREDIT CARD AUTHORIZATION: : ] '
a.r~uor to ~,,.u*,.rzm~ m.',' no~4 rc~,m.'atkm, l u:'d~'~,.~xt ~ ct, e runt's rc~m c~,-,q~' uall bc
Vlia. o~ .M ~.~s,C~d Kamber
~,'ISA or ,khstt~24'rd H 'o'o'o'o'o'o'o'o'ok~' ~
VIM,c.- Mama'C~d H ~cLd~ :'ignaurt
'~ I.';A or ,M~tC.~d ILv~rauen Date
CaM Hol&t ,Nm
C~d HoiSt
REGISTRATION C~NC~.T A~ON POH~:
H~
~ PI~ m~e my hotel rmtioa a k~t~ ~low.
~ I do not r~e hotel acm~afiom at my of the hote~ Hst~ Mow.
~ PI~ conu~ me reg~g s~te ~omdon.
A~vM Date / / ~ep~e Da~ __/__ / ~
~ S~gle (1 ~m~l ~) ~ Smo~g
~ Double (2 ~ple/l ~) ~ Non-Smo~g
~ Doubl~Double (2 ~ple/2 ~)
8PE~ HObB~G ~QU~ ¢.g., wheek~ir ~s~ble r~, e~.)
~ If you We s~iM housMg or ~mdon needs, pl~ conu~ NLC M~t~g
~'ic~.
I ~V~ Be Shag My R~m ~:
~ h ~ "~.~t N~' s~
H~
[c~ ~ ~-~2 b~ ~q~ ~ n~ "I". Nm~ D~ o~ ~ ~ "2" m "12" ~ ~ or y~ ~e(~
CHOIC.~ HOTEL SGL,rDBL CHOICE HOTEL SGI. JDBL
(A)- Cr.~%~:t by M~.m. on Si47/147 (G)- .M~ros.~ Hotel $148/148
(BI __ ~' Row Hilton SIM/IM (H)__ ~ SlTN172
~C) -- ~tm W~q Ho~d SI67/187 (l) -- R~ ~o H~ S1~/138
~T~m S2~/280 O) -- R~ Ma)~*~ $187/187
rD)__ Hwl ~fi~ SIM/I~ (K)_ ~-x~ Hfl~ $164/174
(El __ Jms~ N~dy S147/147 (L) __ ~ Nl~m H~d SLS5/185
iF) ,__ J~D-s W~J~ Ho~ S157/157
Hcm2. Da~y3rr [YFORNLhTION
,ql major credit cards are accepted at the con[erence horde. All &~ks. govm'~rnent purchaae ord,.
vouchers or daJrns must be subrmned and ln/d to the hotel FOUR WEEKS prior to your arrival, and a.'~ mbj<t
to hotel approval
RETURN CONFER~CE REGETIL-~TION ANT) HOUSb;G FOI~M TO:.
F~: 703-631-6288 ICredit Card ar.d
Pu~ch~ Odin Onb,)
.Ma/l:
N'LC Sleeting 5ewices,
c/o J. Spargo fi: ,~sociates
11212. %Viple~ Mill Road,
Suite 104
Fair'filx, VA 2203O
FOR MORE D,'FOP,_~,L4TION:
Phone:
8.88-.319-3864 or ~0~4494:R18
Emil:
nlccccregistratlon~jspargo.com
Oftlce u~ curly:.
Hc~
P~.vm~t
Leadership Training Institute Seminars
Page 1 of 3
~': ';,,r .................. ,'; ,-,¢,; r .... · , ¢.. ,; ;,,.,,;...:.~:-',To strengthen and promote cities as centers of opportunity,
Congressional City Conference
Registration/Housing Policy and Procedures
How to Register
To register for the 2001 Congressionat City Conference, fitt out
the registration from and return it with your check, city
purchase order, or credit card information to the NLC ~eeting
Services, postmarked by February 2, 2001 or register ontine
dick here.
· Each delegate, guest, speaker, member of the press, and
any other conference participant must register. There is
a $50.00 youth delegates fee. There is no charge for
press registration with proper press credentials.
· No telephone registration or cancellations wilt be
accepted.
· Payment (check, city purchase order, or credit card)
must be included with advance registrations.
· People unable to meet the February 2 deadline wilt have
to register onsite at the meeting and make their own
hotel reservations.
· Refunds wilt be made for cancellations received by
February 2, 2001, subject to a $50.00 cancellation
charge. Cancellation letters must be postmarked by this
date. No telephone cancellations wilt be accepted. No
partial refunds wilt be made if you decide not to attend
particular functions.
HOTELS
· If you need hotel accommodations, please check the
appropriate box on the registration form.
· NLC wilt make a hotel reservation for you when you
register for the conference.
· Rooms wilt be assigned on a first come, first served
basis.
· Att conference sessions wilt be held at the Washington
Hilton and Towers.
February 2, 2001
Deadline for Advance registration and housing requests.
Att requests must be postmarked by this date. After this date,
O1
Leadership Training Institute Seminars
Page 2 of 3
all delegates must register onsite at higher rate.
Deadline for cancellations. Cancellation letters must be
postmarked by this date and are subject to a $50.00
cancellation charge. There are no refunds for cancellations
after this date.
Special Events
Sunday, March 11
8:30 a.m.--10:00 a.m.
CELEBRATE DIVERS! T Y BREA KFA5 T
Registration fee $35.00 ($50 onsite)
Delegates and guests at CCC 20001 are invited to "Celebrate
Diversity in America's Cities and Towns" at the 16th annual
breakfast sponsored by five NLC constituency groups: Asian
American Municipal Local Officials, Gay, Lesbian, and Bisexual
Local Officials, Hispanic Elected Local Officials, National Black
Caucus of Local Elected Officials and Women in Municipal
Government.
CAPITOL STEPS
Back by poputar demand, the Capitol Steps will perform on
Sunday, March 11, 2001 at the Opening Reception. It doesn't
matter whether you are Democrat, Independent, Or
Republican, this show is bi-partisan fun for everyone.
Reasons to Attend Congressional City
Page 1 of 2
~r ............................. , .................................... ;.:;:, ................ ~[I'o strengthen and promote cities as centers of opportunity,
Cong,'essionai City CoT feren. ce 2oo
3 a 'ch 9-Jz3
Reasons to Attend
200 Congressional City Conference
l. You'll learn first hand ab,out the new Administration's
vision for America during the coming four years and how
that vision connects with NLC's Investing in Communities
plan.
2. You't[ hear about the plans and agendas for the 107th
Congress and how the new faces will influence
legislative action in 2001.
3. You'll help shape NLC's priorities and message on the
Investing in Communities agenda which will guide our
advocacy work in 2001.
4. You'll hear from newly-elected and newly appointed
leaders in Washington who will share their perspectives
on key issues affecting cities and towns.
5. You'll have a chance to meet with your Congressional
delegation to discuss local priorities for national action
and influence how they'tl vote on key issues.
6. You'll learn the federal perspective on a wide range of
issues affecting your city such as electronic commerce
equity, takings, privacy, housing, and investing in
infrastructure.
7. You'll be able to attend special Leadership Training
Institute seminars that will increase the value of your
visit to Washington.
8. You'll share experiences and network with local leaders
from throughout the country.
9. You'll see old friends and make new ones.
10. You'll be a key player as part of the NLC team at the
national level--and you'll be able to make a difference
for your hometown.
th1 /n~/~ththl
School
District
Office of Community/Staff Relations
Nancy Kracke, Coordinator
11 Peavey Road
Chaska, Minnesota 55318
(612) 556-6121 Phone
(612) 556-6109 Fax
kracken @ chaska.kl 2.mn. us
JAN ~- R 2001
CITY OF
HEHO
To: Community Leaders
From: Nancy Kracke, Community Relations Coordinator
Date: 3anuary 2, 2001
Subject: Demographer's Report Presentation
On behalf of the School Board and Bev Stofferahn, i'd liketo invite you to attend
the first meeting of the Elementary Boundary Task Force on Tuesday, January 9,
2001. The agenda will include a report from demographer Barbara Lukermann
and her colleague Nary Louise Poquette regarding enrollment projections for the
next three to five years. Their report will be made early in the agenda and will
reflect information gathered from each of our communities.
The meeting will begin at 6:30 p.m. on the first floor of the District Education
Center, 11 Peavey Rd., Chaska.
Hope to see you on _January 9.
CITYOF
City Center Driw, PO Box 147
Minnesota 55317
Phone 612.937.1900
Geno'al ?ax 612.93Z5739
'~gineering tax 612.937.9152
tblic Safety Fax' 612:934.2524
www. ci. chanhasse,.mn, us
MEMORANDUM
TO:
FROM:
Mayor
City Council
Lori Haak, Water Resources Coordinator
DATE:
January 3, 2001
Lower Minnesota River Watershed District Request for Joint
Agreement
BACKGROUND
The Lower Minnesota River Watershed District (LMRWD) is one of three
watershed districts in which the City lies. Kevin Bigalke, the District
Administrator for the LMRWD, has requested the City enter into a joint
agreement with the LMRWD in order to clarify, the roles of each entity in water
management.
The tyurpose of this ,~emorandum is to alert the Council of this request and to
explain why this agreement has not been presented to the Council for approval.
The agreement would not impose any additional duties on the City, but rather
define the responsibilities of the City and the LMRWD with regard to water-
related issues. (The letter from Mr. Bigalke regarding the request for the joint
agreement and a copy of the proposed agreement are attached.)
ANALYSIS
City staff has not presented this agreement to the Council for its approval. After
conversations with Mr. Bigalke and City Attorney Roger Knutson, staff
concluded the agreement is not necessary because Minnesota law contains a water
management framework. In addition, the City would not derive any additional
benefit from entering into the joint agreement and by signing such an agreement
could increase its liability.
The City of Chanhassen has agreed, through the adoption of ordinances and its
Surface Water Management Plan, to assume water management responsibilities
(e.g., administration of the Minnesota Wetland Conservation Act) as outlined by
state law. If the City neglects its responsibilities or does not perform its duties as
required by law, the watershed district will assume those responsibilities. No
additional agreements are necessary to codify this arrangement. Please find
attached the letter to Mr. Bigalke explaining staff's position on the proposed joint
agreement.
Mayor & City Council
January 3, 2001
Page 2
ATTACHMENTS
1. Letter to Kevin Bigalke, Lower Minnesota River Watershed District dated
January 3,2001.
2. Letter from Kevin Bigalke, Lower Minnesota River Watershed District dated
June 28, 2000.
3. Agreement Between the Lower Minnesota River Watershed District and the
City of Chanhassen.
ITYOF
Ct U SSEN
1 City Center Drive, PO Box I47
7hanhassen, Minnesota 55317
Phone 612.93Z]900
General &x 612.93Z5739
~gineering Fax 612.93Z9152
'blic Safety Fax 612.934.2524
~eb www. ci. chanhassen, mn. u~
January 3,2001
Mr. Kevin Bigalke
District Administrator
Lower Minnesota River Watershed District
Scott County Government Center
200 Fourth Avenue West
Shakopee, MN 55379
Proposed Joint Resolution/Agreement Between the Lower Minnesota
River Watershed District (LMRWD) and the City of Chanhassen (City)
Dear Mr. Bigalke:
This letter is in response to your June 28, 2000 letter requesting the City enter into
a joint resolution/agreement with the LMRWD. I apologize that it has taken me
so long to respond to this request.
City staff has reviewed the proposed agreement and has determined that the City
xvould receive little benefit from entering into the proposed agTeement. The City
is required by law to adopt a local plan in conformance with the LMRWD plan.
Therefore, the City has concluded that a joint agreement is not necessary at this
time. This being the case, I do not intend to present the proposed joint agreement
to the Chanhassen City Council.
In general, the City concurs with the intent of the agreement: namely, that the
LMRWD and the City should plan and work together in both preserving and
reviewing developmen{ of lands within City and LMRWD jurisdictions. The
Seminary Fen and Assumption Creek are the most critical natural resources
within both the City and the LMRWD. It is in the City's best interest to cooperate
with the LMRWD and other entities to manage these rare resources. In addition,
the City will continue to submit proposals to the LMRWD for comment as a part
of the City's review process. The City expects that the LMRWD will continue to
refer developers, contractors and others to the City as they pursue the preservation
or development of land within the City.
Thank you for providing the City with the oppommity to review and respond to
the proposed joint ag-reement. If you have any questions or concerns, please feel
flee to contact me at 952/937-1900, extension 105. I look forward to working
with you in the furore.
CITY OF CHANHA$SEN
Loft Haak
Water Resources Coordinator
CC:
Scott Botcher, City Manager
Kate Aanenson, Community Development Director
Roger Knutson, City Attorney
File
,'~ ,,.. LOWER
MINNESOTA RIVER
r WATERSHED DISTRICT
II ~ Shakopee, Minnesota 55379-1680
~ Tel: (612) 445-7993 Fax: (612) 445-2106
June 28, 2000
Loft Haak
Water Resources Coordinator
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
RECEIVED
JUN 2 9 2000
CITY OF CH^NH^$SEN
Jim A. Kephad, President
Office: (612) 492-5700 Fax: (612)492-5705
Eugene A. DePalma, Vice President
Office: (612) 858-6642
·
Wallace E. Neal, Jr., Secretary
Office: (612) 884-1632 Fax: (612) 884-7726
Edward A. Schlampp, Treasurer
Office: (612)920-4398 Fax: (612)920-0086
Terry L. Schwalbe, Asst. Treasurer
Office: (612) 404-5312 Fax: (612) 404-5318
Bruce D. Malkerson, Attorney
Office: (612) 344-1111 Fax: (612) 344-1414
Lawrence E. Samstad, Administrator & Engineer
Office: (612) 445-7993 Fax: (612) 445-2106
Dear Ms. Haak:
The Lower Minnesota River Watershed District (LMRWD) approved their 509c Water
Resource Management plan in September, 1999. As stated in Section 6.2.3 of the
LMRWD plan, the LMRWD seeks to enter into a joint resolution/agreement with the
City of Chanhassen.
Throughout the planning process, the City of Chanhassen and other governmental agency
staff participated by reviewing and providing comments on the plan. Based upon this
input, the managers of the LMRWD believe that the good work the City of Chanhassen
has implemented in enforcing water management regulations should remain in your
control. The goals of the LMRWD as stated in Section 5.14 are: to keep regulation at the
local level; to minimize costs to local governments; and to ensure local regulation is
consistent with the LMRWD plan. By having this agreement in place, the LMRWD will
have more resources and funds available to establish partnerships and implement
projects. The purpose of the joint resolution/agreement is to define the respective roles of
the LMRWD and the City of Chanhassen in water management.
.
At' this time, the managers of the LMRWD request that you present this joint
resolution/agreement to your City Council and recommend entering into this agree with
the LMRWD. If you have any questions regarding the joint resolution/agreement or
would like me to present the agreement to your City Council, please contact me at
(612)269-6281. On behalf of the managers of the LMRWD, we look forward to working
with you and your staff on protecting the unique resources found in the Lower Minnesota
River Watershed District.
Sincerely,
Kevin D. Bigalke
District Administrator
AGREEMENT
BETWEEN
THE LOWER MINNESOTA RIVER
WATERSHED DISTRICT
AND
THE CITY OF CHANHASSEN
Agreement
Between Lower Minnesota River Watershed District
and
City of Chanhassen
Whereas,
The Lower Minnesota River Watershed District (LMRWD) adopted and the Minnesota Board of Water and
Soil Resources (BWSR) approved the LMRWD Water Management Plan (Plan), which was prepared in
accordance with Minnesota Statutes 103D and 103B, and Minnesota Rules 8410; and
Whereas,
The LMRWD Managers envision the District will provide leadership, encompassing (in descending
priority) the roles of information and data provider; project facilitator; project proposer; and regulator
regarding Minnesota River issues; and
Whereas,
The LMRWD Managers believe that regulation is more properly performed by local governmental units,
provided that regulation by the local governmental units is consistent with the goals and policies of the
LMRWD Plan; and
Whereas,
The City of Chanhassen is willing to perform review and permitting procedures necessary to implement the
goals and policies of the LMRWD; and
Whereas,
Both parties wish to clearly define the respective roles of LMRWD and the City of Chanhassen, prior to and
through the interim period between LMRWD Plan approval by BWSR and local plan approval by the
LMRWD, and thereafter as the parties may agree.
Therefore, be it resolved that the LMRWD and the City of Chanhassen agree to the following processes:
The City of Chanhassen a~ees to:
1. Implement water'management policies, standards and criteria at least as strict as those the LMRWD
Plan and its amendments on all City of Chanhassen projects.
2. Tile City of Chanhassen shall submit project proposals to LMRWD for review and comment whenever
the project meets any of the following criteria:
· The project is a residential development affecting five (5) or more acres of land;
· The project is a public/commercial/industrial development affecting one (1) or more acres of
land;
· The project involves construction or reconstruction of runoff management infrastructure where
tile contributing watershed is five (5) acres or more;
· The project will result in diversion of surface water flows between defined subwatersheds;
· The project will change intercommunity flowrates;
· The project is located in the Minnesota River floodplain.
Where the LMRWD review identifies areas where the City of Chanhassen permits are less strict than
the standards in the LMRWD plan, the City of Chanhassen shall incorporate the provisions of
LMRWD comments into City of Chanhassen permits as necessary to enforce the LMRWD water
management standards.
3. Submit amendments/revisions to city comprehensive plans to LMRWD for review and comment.
4. Inspect projects under construction, and enforce those City of Chanhassen permit provisions intended
to implement the policies, standards and criteria of the LMRWD pursuant to this agreement.
5~
LMRWD will administer its Minnesota River Floodplain Regulations in the City of Chanhassen until
the City of Chanhassen adopts either a) a DNR-approved floodplain ordinance, or b) a floodplain
ordinance that conforms with tile LMRWD's water management plan. After the City of Chanhassen
adopts such an ordinance, the City of Chanhassen will regulate floodplain activities, unless the City of
Chanhassen gives the authority to LMRWD. The City of Chanhassen will require landowners to obtain
permits prior to making alterations in the Minnesota River floodplain.
6. Be the designated local government unit (LGU) for the Wetland Conservation Act (WCA) and rules,
responsible for wetland regulation, including enforcement.
LMRWD agrees}o:
Review project plans and amendments/revisions to city comprehensive plans for conformance with
LMRWD policies, standards and criteria, and provide review comments at no cost to the City of
Chanhassen within 45 days upon submission of plans.
Conduct periodic inspections to monitor City of Chanhassen enforcement of LMRWD policies,
standards, and criteria, and to work cooperatively to resolve conflicts over the implementation of
LMRWD policies, standards and criteria.
Administer its Minnesota River Floodplain Regulations in tile City of Chanhassen until the City of
Chanhassen adopts either a) a DNR-approved floodplain ordinance, or b) a floodplain ordinance that
conforms with the LMRWD's water management plan. After the City of Chanhassen adopts either a
DNR-approved floodplain ordinance or a floodplain ordinance that conforms with this plan, it is the
responsibility of the City of Chanhassen to regulate floodplain activities, unless the City of Chanhassen
gives the authority to LMRWD. Landowners must obtain permits from the appropriate governmental
unit prior to making alterations in the Minnesota River floodplain.
Both parties agree this resolution shall be changed to account for changes in their relationship as occasioned by
approval of the local water management plan, approval of changes to tile LMRWD Plan, or other circumstances
affecting the management of water resources within the LMRWD and the City of Chanhassen. For example, as
resource assessments and plans are completed, LMRWD will seek to amend this joint resolution to include specific
limits and/or special resource protection methods/strategies in the watershed.
This joint resolution is rescindable upon sixty days notice by either party. In tile event this resolution is rescinded, or
if the LMRWD determines, after a public hearing, that the City of Chanhassen has failed to enforce the standards and
policies of the LMRWD, then the LMRWD will adopt regulations pursuant to the findings of a subsequent public
hearing, and begin operating a permit program in the City of Chanhassen to enforce the standards and policies of tile
LMRWD.
Accepted ,19
Lower Minnesota River Watershed District
Accepted
City of Chanhassen
, 19__
President Date
Mayor
Date
City Manager
Date
ITYO?
CHAN SEN
690 C/0, Ce,ret Ddt,e, ?0 Box I47
C/;~mhasse,, Mi~,esota 553i7
R/~one 612.93Z 1900
Ge,em/F~' 612.93Z5739
Wqb www. ci. cha,hasse,, m,. us
MEMORANDUM
TO:
FROM:
Mayor
City Council
Lori Haak, Water Resources Coordinator~
DATE: January 3,2001
Carver County Water, Environment and Natural Resource
Advisory Committee
On December 26, 2000, the City received a letter from Carver County Planner
Paul Moline inviting interested parties to apply to represent Chanhassen on
the Carver County Water, Environment and Natural Resource (WENR)
Advisory Committee. Attached please find a copy of the letter from Mr.
Moline as well as a copy of the application.
This advisory committee would provide a good opportunity for
representatives to consider natural resource issues at the county level. Such
issues transcend city boundaries, so it is important for a growing community
like Chanhassen to maintain a high level of awareness and involvement in
issues discussed at the county level.
For this reason, I have submitted my application to be considered for this
advisory committee. If you are interested in serving, I invite you to do the
same. I also encourage you to invite others who may be interested to submit
an application. Please note that applications must be submitted by
January ] 9, 2001.
If you have questions about this advisory committee, please call Paul Moline
at 361-1825.
c:\temp\wenr memo.doc
OUNTY
Department of Planning & Zoning
Carver County Government Center
Administration Building
600 East Fourth Street
Chaska, Minnesota 55318-2158
Phone: (952) 361-1820
(952) 446-1722, Ext. 1820
Fax: (952) 361-1828
December 15, 2000
Scott Botcher
City of Chanhassen
690 City Center Drive
Chanhassen,'MN 55317
DEC 6 2_000
/
Dear Scott,
The purpose of this letter is to seek representatives from Carver Count), municipalities to serve on
Carver County's Water, Natural Resource and Environment (WENR) Advisory Committee
beginning in 2001.
Carver County is currently in the process of completing a Water Management Plan for the area
covered under Carver County's Water Authority. This authority is based on the folloMng steps
taken in recent'years: In October.' of]996, the Board of ~lZater & Soil.Reso,rces (B I~'~SR) decl~,'ed
the Carver Creel~;'Bevens Creek, South Fork Crow River, Chaxka Creek m~d ttazehine Bav,ari-'.t
Creek Joint Powe~w ~f~aler ~l,£anagement Orga~dzations (II/MO 's) "no:i-imlvlementing "and
terminated the O~anizations. The statute requires that the Co,.mO, assmne all water management
responsibilities h~ all of the areas of the cozmt), that were previously under the Joint PoYve~x
II'5~10 's. The statute gives the C°unO, all of the authorin~ and responsibilio;.i'br managemet~t --
tvlam~in&.fitnding, re~mdation, implementation --o fa water management m~ganization.
This plan DOES NOT affect surface water management in most of the City of Chanhassen (a few
acres bordering the City of Chaska are currently not under the management authority of Riley-
Purgatory-Bluff Creek Watershed District). The plan does however, cover groundwater
management in Chanhassen. We would invite anyone interested from your city council, planning
commissions, staff, or other city representative to apply for participation on this committee. From
},v,: .... , .... rcccived from a~l the citics, the County Board- TM ...... ;'~* ,,-p,-~, ..... ,. ..... , to
serve on. the Committee, and can also select any interested citizen to fill a direct commissioner
district appointment or other resident appointment.
IF ANYONE IS INTERESTED IN THE WENR ADVISORY COMMITTEE, THEY MUST
SUBMIT AN APPLICATION (ATTACHED) BY JANUARY 19, 2001.
Please do not hesitate to call me with any questions (361-1
Since_,.r. ety~ ,
Paul Moline. AICP -
County Plam~er
cc. David Drealan, Cmx,'er County
Affirmative Action/Equal Opportunity Employer
Printed on 10% Post-Consumer Recycled Paper
CARVER
COUNTY
Office of County Administration
Carver County Government Center
Human Services Building
600 East Fourth Street
Chaska, MN 55318-2183
Phone (952) 361-1510
Fax (952) 361-1581
APPLICATION FOR SERVICE ON CARVER COUNTY
COMMITTEE, COMMISSION OR BOARD
APPOINTMENT
SOUGHT: WATER, ENVIRONMENT, AND NATURAL RESOURCE COMMITTEE
Please indicate if are representing:
[~1 citizen/resident
~ township (name)
~ city (name)
APPLICANT
NAME:
STREET
ADDRESS:
(First Name)
(Last Name)
CITY OR
TOWNSHIP:
ZIP CODE:
DAY TIME PHONE:
STATEMENT OF QUALIFICATION
Please include a statement describing your qualifications and any other information that would
be helpful to the Carver County Board of Commissioners. This may include employment,
community service and education.
(May continue on back)
(Signature of Applicant)
(Date)