The URL can be used to link to this page

9b. Join Powers Chaska/Carver County/Chanhassen, Carver County Road Const. .i C ITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: Mayor and City Council FROM: Don Ashworth, City Manager ' DATE: December 13, 1993 1 SUBJ: Master Joint Powers Agreement, Chaska/Carver County/Chanhassen, Carver County Road Construction Attached PY lease find a copy of the "Master Agreement" describing how cost sharing would occur P between Chaska/Chanhassen/Carver County to insure that county roads within eastern Carver County are brought up to urban standards. Also enclosed is a detailed "cost estimate summary" showing the detailed projects, when they are proposed to be completed, and how cost assignment ' occurred. This agreement has been in the process of being developed over the past two years and staff has attempted to insure that the city council received copies of the revised work programs during our various work sessions this past year. The overall scope of the project (approximately $16M in road improvements) has not significantly changed from when this item was presented this past spring. Although I do not see this evening's action as being one of final approval, I would hope to obtain any final concerns of council members so that when this item is presented on January 10 that it can be presented as a consent agenda item. • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 •1 HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL s ROBERT A. ALSOP (612) 337.9300 L O r O LL RONALD H. BATTY STEPHEN J. BUBUL Facsimile (612) 337.9310 JAMES M. STROMMEN I JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L GRAVEN (1929.1991) 1 DAVID J. KENNEDY (612) 337 -9262 — JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L DAVIDSON 1 October 12, 1993 1 Mr. Don Ashworth City of Chanhassen 690 Coulter Drive I P.O. Box 147 Chanhassen, MN 55317 1 RE: County Road Improvement Agreement Dear Don: 1 Enclosed is a revised draft of the captioned document which incorporates the changes • the parties agreed upon at our meeting on October 4, 1993. I am sending a redlined • version to you and to Dick Stoltz and Dave Pokorney to review the changes. Being I an optimist, I am also sending you six "clean" originals for execution. If the Agreement is in proper form, please execute the originals and send them to the other parties for similar action. 1 Sincerely, I 7.701.4 -..ir .0 - b Ronald H . Batty 1 RHB : ckr cc: Dick Stoltz 1 Dave Pokorney 1 1 1 -� 1 CARVER COUNTY PUBLIC WORKS DEPARTMENT November 19, 1993 RECEIVED NOV 2 1 1993 1 To: Don Ashworth, Chanhassen City Manager Dave Pokorney, Chaska City Administrator CITY OF CHANMAJSEN Dick Stolz, Carver County Administrator From: Roger Gustafson, County Engineer MEETING REMINDER HIGHWAY "MASTER AGREEMENT" , FRIDAY, DECEMBER 3, 1993 1 9:00 to 10:00 A.M. CHASKA CITY HALL Attachments: 1. Project Location Map - (November, 1993) 1 2. Agreement - (Draft of November 19, 1993) * Exhibit A - Project Summary Sheet - (November 19, 1993) 1 * Exhibit B - Sample Project Agreement - (November 19, 1993) * Exhibit C - Cost Obligation Tabulation - (November 19, 1993) 3. 1993 -1998 CIP (Highway Projects) - (November 19, 1993) Notes: 1. Projects - * Construction start for CSAH 18 (TH 41 to TH 101) delayed from 1995 to 1996. ' * Construction start for CSAH 19 (Timberwood Drive) advanced from 1995 to 1994. * Traffic signal for CSAH 19 and TH 5 intersection advanced from 1995 to 1994. * Construction of CSAH 17 (CSAH 14 to CSAH 18) removed from Highway 'Master Agreement' list of projects. ` 1 * Traffic signal for CSAH 17 and CSAH 14 intersection removed from Highway 'Master Agreement' list of projects. ' 2. Cost Obligations - * Defers city payments by shiftipg county state aid obligations to earlier years of program. 1 * Chanhassen obligation of $120,000 in 1997 (November 8 tabulation) shifted to 1995. e MI 1111111 • MN NM I= NM NM MN IIIIII 111111 MI NM INN IIIIII MEI MN MI 1=1 --- • .-- --- - -- — •-•'•-...', '' - 2 - . - . - ..7- - -k_ 1 ,7: 1 ' j'-.-- ., -L- •••.../ H. \ ;1 . \.... ") [-Y - .-- • .,•.. ,,-" :. ;,, -;-.,-, . -is -- i r :,r----...-- N .......:__ j • \ - :7 •••• .5 _ ,.;:;--•" ; 1 , .•.' -, • ,.__y. -... - J X ..: -:;,:-/ tr--- -......" t , 1 ...:-: . _ .... -, N -. '''‘';)/ - 7/. • .1. •--.*- 1../ t / /' - , / • ". 1 _7..1' , 1 :-.-^ ' - ..._y:c. / • • .C"\ (2, , ."•,/ "..)/ f 1_,,,.i..1 4\ Q- ) P CARVER COUNTY .... 2 - - -a itl'ir. — -. 1997 --Lao. ..,..._ ,•-./ . ' ....; :7 . -- • i k (:":--.";'. C -;•• ... - .-.- ' -.2---- ...,.::....-:-' • —• e ..: 79 o i ..__(( _ ._• , 7:. --. ' i tits?0, - 1,.) - .-;1 --- ' — 'ff 1 I ..: c.::-F,1-:::1,:,-,-. DEPARTMENT OF PUBLIC WORKS i s-- ) - ', - ,. 1997 7 ' ..r- ' - ' -•• ' ' # 1994 " " - --_,- .,;1 '- : 1997 _.... ' 1,1• .- --- , if i; -- .1 ----- r ,„ : -411 1997 1 ) .7 1 C 0 - 14,:'• • -- . __ _ / -,..... : • r.s...c .. : A • .,:" A T 1993 Ill ,--- - z ', ;;:e 'cru:.:-nrAssi:Ir / , • • b+‘ • .. .. ,i...>" rj .. , ;#4 ; ......— , , .....,, „,_„.• AAAAA „.... /...... j ii. . :. :c1...._ # .12 1 ....t.il --- In 1993-1998 1993 '-''. ' 1 _ . .• ) - .1 .,_.. '--....... - •.14( . t ' 2- [.. '-..*7- ---- .., ;;;' /11'.+11994 - ti c Y HIGHWAY . 1995 ■ i >i•-z- 1994 k..:,. _,),.)-':." ->-•:_ --- .,,,.-9•• 4 . - e-,-,-,--D-• COUNT J - ' • . . 4 . i il.. ..! ri- ■ -- ' j,..S.1,-- giii. alt-i,,,, ' .---••••• 4 •• • • • -_.. , .. .. . .... , _.:.: ; ...: ... ; i..t.:;-• / I AND I • ., dio •-. , .... ... ' 1. C c -- ..• .,... if .... - fr -` -.. .... 0 h ip - 7 1 _1. , ..!■.: . i .,. , %, .„, „ it,. \ f : .4„--- 19 96 . - - 1 ......( . , :e . ' . .,: 1994 _ - I - -- j ! 1998-99 CONSTRUCTION PROGRAM 1994 ..... •f. ' : .! . • 4 „ , .. . ---. . , , ,-,•.. --,,,:- `•:', i _ • /./ .1`.- : 1996 - • •• - Pl.', ii . \ .% 1996 • • - : ••(.....\ '--:-.. LOCAL MINOR ARTERIAL STREET .1,,... .., ,„, ....:. LEGEND 1 1 ,- a ■.......e-, . ' :.! i r 4 • --',:- „,../"- --('• 1998 - - - . , A. ..\..................) s ' . . CHANII - 't N . - 9. 99 ......< ` ' . --- .............. 1 „--"" - .__„,---- — - -- • ■-•% 1998 ' F.; * i. 1993 -•-. • . .- Ni CHANHASSEN, CHASKA, AND VICTORIA AREA I! .. ...N‘,.."-. l' 1993 _. .....-.vi a :of ' CIUS!r:A - • •-.-- r.1 ) 4f ,, OF 1 Iii 1 v. ,W \(% 5 . - . ) '''411' ' 7 ^,.... ' - ''' ' '''N ........... % i 0, L i . 7 ! ‘ ,1 11, - -r IL 11 ,, a4 ;s. r‘ , '-•-• 1 '..''—`,./sr.,_ CARVER COUNTY "Lai ilIk. .... itV ! 1. P-,' ! rif — '.. / 7.'\ ‘‘•-•■■ill Ill• • ill.1 ......" • k =:. i t: 1998-99 14 4 i '1- - . __.„__,...----:„' io it.ii ......: :::: '::::„_„„•-::. .: :::::::: : 11 4-! 1595 ' ' 1 -y- — 1994 " . , ....... ,.-', ... ..... r,,. 1 g li -- -.4 .1 .....:,..,..:.::: ,::,.. ...-r - • -I) --- z ..4 -..: ::::::_ . _ • 1. r , is „P. - 1i. '.i, .. !e. • ir ::::. • ' ..,... L ..: _.; . ....„ 199n N .}.... 1998 : ... 1993-1995 ______ - •...!1 ,./....\* --- - GI, • (.- • .: -",- t - -- .............. : .--. \ - l' ::•. /- • -I-Cl■ -7- r '_____LI • , • :- ,. ) %, 44 t F;;„-±7..A---... i 4_, _ - r \ ,. ..;:, :- III 1114 .......----•. construcuonotecoostwcoon co-do - - , fai Traffic Signal Installation Location /1 '"?! • a i ;1;:"7:::it :1' ,' ',. ii --2-72:''. " s....,. :: i.:A :' r.:::-....1.-_: . 2'.. ,...;:- . ......... if ... .":\ : • , Development District Boundary 1997-98 is.. _-: III , • . 1995 ! • . i''t ' in.. • . ...... ... .,, t. ,. it v......, : f - '• "0, ° I i i i ./1 ..' „..... -*$ ...."- I i ' '- • -.!-:-:,!. " --- a `1- NOVEMBER, 1993 ‘.. • .. -, _.: .,_• 44. ., . / • •_.,....„.„4 • • . • 17 - \ : 1 ... : .• • Draft of November 19, 1993 AGREEMENT I' THIS AGREEMENT is made this — day of , 1993, by and among „he 1 City of Chanhassen, a municipal corporation under the laws of Minnesota ' (Chanhassen) ; the City of Chaska, a municipal corporation under the laws of Minnesota (Chaska); and the County of Carver, a municipal corporation under the laws of Minnesota (Carver County) . WITNESSETH: WHEREAS, Chanhassen, Chaska and Carver County recognize the need for certain highway improvements in eastern Carver County; and s - WHEREAS, Chanhassen, Chaska and Carver County have developed a plaai for constructing the needed highway improvements, which plan is contained a , • document entitled "Eastern Carver County Transportation Study” (Study); and I WHEREAS, the Study identifies the traffic and highway needs from the present through the year 2005 within the eastern portion of Carver County, including f e cities of Chanhassen and Chaska; and a WHEREAS, the parties are desirous of implementing the Study and ieachilrg ee ent regarding the priority, timing and financing of .the highwa 1 8 �' m � g P Y� g g improvements; and ' 1 .1 ;1 WHEREAS, the parties intend this Agreement to be in furtherance of efforts 1 to construct the necessary highway improvements in the eastern portion of Carver I County. NOW, THEREFORE, in consideration of their mutual premises and obligations, the parties hereto agree as follows: i' Section 1. Definitions. For the purpose of this Agreement, the following 1 i terms shall have the meanings given below unless a different meaning is clear from i ;1 the context: ,1 a) "Chanhassen" means the city of Chanhassen, Minnesota. f 1 b) "Chaska" means the city of Chaska, Minnesota. c) "Cities" means, collectively, the cities of Chanhassen and Chaska. !1 i I d) "County" or "Carver County" means Carver County, Minnesota. 1 1 i ■ e) "County Road Improvement" or "Improvements" means those roads or I portions thereof to be constructed pursuant to this Agreement. { 1 i' f) "Phase I Roads Improvements" means the county roads to be constructed 1 or reconstructed with funds that are currently available or expected to be available for such projects according to current projections. 1 111 ;1 1 g) "Phase II Road Improvements" means those county roads which are to be constructed or reconstructed only if the parties are successful in securing , funding. 1 h) "Study" means the Eastern Carver County Transportation Study. 1 "Tax Increment" means tax increment revenues received by Chanhassen or Chaska from one of their tax increment financing districts and used to pay for the cost of the County Road Improvements. ' Section 2. Statutory Authorization and Warranties. This agreement is made ' pursuant to Minnesota Statutes, { 471.59. Each party represents that it has the power to enter into this Agreement and that nothing in its ordinances, charters or 1 other regulatory agreements prohibits the fulfillment of its obligations under this Agreement. The parties further represent that this Agreement has been executed on behalf of each party by the properly authorized person or persons and that this Agreement constitutes a legally binding obligation of such party. Section 3. County Responsibility for Road Improvements. It shall be the responsibility of Carver County to provide for the design of all County Road Improvements to be constructed pursuant to this Agreement. The County Road Improvements to be constructed pursuant to this Agreement are those contained in Exhibit A attached hereto and identified as "Agreement Projects". The Improvements constructed within the Cities will be of an urban design and provide .1 for off - roadway trails. The County may utilize its engineering staff or may hire 1 consulting engineers for this purpose. The County shall be responsible for 1 obtaining any permits, licenses or approvals necessary to construct the 1 Improvements. The Cities shall have the right to inspect and review the plans and specifications for the County Road Improvements prior to each project being bid by the County. The County shall be responsible for biding the projects according to law. After receipt of the bids, but prior to award thereof, the Cities and the County shall have the right to review the bids and to reject all bids. If Chanhassen or Chaska or the County wish to reject all bids, the party so desiring may do so by 1 notifying the others in writing of its intent and all bids shall be rejected in accordance with the law. The County and the Cities agree to construct the Phase I Road Improvements (Exhibit A - Agreement Projects) prior to December 31, 1998, unless an alternative date is agreed to by the County and the Cities. Prior to construction of any County Road Improvement, the County and the affected city or cities shall enter into an agreement specifically relating to such work. The agreement shall be prepared by the County and shall be in the form generally utilized by the County for such purposes . The form of such g Y Y Y P P agreement will be similar to that attached hereto as Exhibit B. 1� Section 4. Cities' Responsibility. It shall be the responsibility of Chanhassen d to the construction of County Chaska or the Cities with regard y Road Improvements to acquire all permanent and temporary right of way necessary for the Improvement and for trails and landscaping related thereto. Such acquisition shall be done at the sole expense of the entity affected by the project, which costs shall not be included in the costs to be shared among the parties . In the case of any County Road Improvements which involve land in both Cities, the Cities shall share equally in the cost of right -of -way acquisition. Section 5. Financing of Phase I. The parties agree to finance the costs of the 'lig 876 6c0 1 Phase I Road Improvements in an amount estimated to be XB7 92,Sfl . The County shall use its general revenues and county state aid highway funds and any other funds legally available to it for the purpose of meeting its financial obligations under this Agreement. The Cities intent to utilize Tax Increment and other funds legally 1 available to them to satisfy their obligations under this Agreement . The Cities agree 1 to take such actions as may be necessary or desirable to enable them to utilize Tax Increment to meet their obligations under this Agreement. This obligation shall not, however, extend to the doing of anything which is now or hereafter prohibited by the tax increment financing act, Minnesota Statutes, H 469.174 through 469.179. -A 1 I :1 i� � The financial obligations of the parties are included as Exhibit C and are III incorporated herein by reference. Section 6. Phase II Road Improvements. The parties recognize the 1 desirability of implementing further road improvements within eastern Carver County in fulfillment of the needs outlined in the Study. However, the parties "cannot presently commit to such financial obligations . The parties agree to examine further I funding options and to pursue those options in good faith, consistent with sound ' ublic policy. Chanhassen agrees to continue to explore P Y l� lore methods to increase its P available Tax Increment for purposes of the Phase II Road Improvement. . ' Notwithstanding anything else herein to the contrary, this Agreement commits the 1 parties only to the construction of the Phase I County Road Improvements . ' 1 Section 7. Miscellaneous. This Agreement may be executed in any number of I originals, each of which shall be considered an original. This Agreement shall be interpreted under the laws of the state of Minnesota. This Agreement may be modified only in writing signed by all parties. For the purposes of any notice which I must be 'ven pursuant to this Agreement, notice shall be sufficient delivered p rs o gr , fficient if deh ered I personally or by prepaid mail delivered to: 1 (a) As to the City of Chanhassen: 690 Colter Drive Chanhassen, Minnesota 55317 1 Attn: City Manager 11 (b) As to the City of Chaska: One City Hall Plaza Chaska, Minnesota 55318 Attn: City Manager (c) As to Carver County: 600 East 4th Street P. O. Box 12 Chaska, MN 55318 -2188 IN WITNESS WHEREOF the parties have caused this agreement to be executed on the day first written above. CITY OF CHANHASSEN CITY OF CHASKA Don Chmiel, Mayor Robert Roepke, Mayor 1 Don Ashworth, City Administrator Dave Pokorney, City Administrator 111 1 COUNTY OF CARVER 1 Chairman, Board of Commissioners 1 County Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by Don Chmiel and Don Ashworth, the Mayor and City Administrator, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the City. Notary Public 1 .i 1 1 .' STATE OF MINNESOTA ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by Robert Roepke and Dave Pokorney, the Mayor and City Administrator, respectively, of the City of Chaska, a Minnesota municipal corporation, on behalf of the City. Notary Public 'r. STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of F , 1993, by and , the Chairman of the Board of Commissioners and County Administrator, respectively, ' of the County of Carver Minnesota municipal corporation, on behalf of the County. Notary Public This document drafted by: ' HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 1 i l i i i' 111 i 1 t1 • 4 November 19, 1993 Page 1 of 1 EXHIBIT A CARVER COUNTY DEPARTMENT OF PUBLIC WORKS - HIGHWAY DEPARTMENT 1993 -1998 EASTERN CARVER COUNTY HIGHWAY CONSTRUCTION PLAN PROJECTS (Chanhassen, Chaska. and Victoria Agee) IN PROPOSED 1993 -1998 CAPITAL. IMPROVEMENT PLAN (Highway Projects) # I Road I Segment J length -Cored Mani f_stknale I I County I Chan 1 Chaska I Vidoria 1 ghee 1 'Agreement Projects CSAH 11 (Victoria Drive) CSAH 16 (68th Street) to TH 5 _ 0.8 1994 900,000 665,000 235,000 _ Reconstruction CSAH 11 (Victoria Drive) Lake Bavaria to CSAH 18 (881h Street) -- . - - 0.8 1999 40.000 40.000 - -_- _ Reconstruction CSAH 13 (Bavaria Road) CSAH 18 (881h Street) to TH 5 1.3 1993 646.000 646.000 _ - - CSAH 13 (Rolling Acres Roed) TH 510 TH 7 1,2 1997 1,540,000 1.155,000 385,000 # CSAH 14 (Pioneer Trail TH 101 (north end south) 0.6 1994 500,000 • 25.000 25.000 450,000 # _500,000 • • CSAH 15 (Signed Cfl 17 /Audubon Rd) TH212toTrumble Drive 0.9 1993 1,195_200 # 964,600 230,600 • 1,195.200; # • CSAH 17 (Powers Boulevard) CSAH 18 (Lynm Blvd) to TH 5 1.6 1994 3.596.800 • 2,155,600 1.441.200 • _3.596.800, • • CSAH 17 (Powers Boulevard) a TH 5100.3 Mile North _ 0.3 1993 874,400 • 674,400 • I 674.400; # CSAH 16 (861h Stree) CSAH 11 (Vicoria D!) to CSAH 13 (Bavaria Rd) 1.0 1998 250,000_ 250,000 _ # CSAH 18 (Lyman Boulevard) TH 4110 TH 101 3.0 1996 3,984,000 • 0 3.585,600 396,400 # I 3,984.000 ' • # CSAH 19 (cabin Boulevard) CSAH 18 (Lyman Blvd) to TH 5 1 1 1994 1,460,800 # 794,200 666.600 • [..._ 1.460.800 : • • CR 117 (Audubon Roed) _ CSAH 14 (Pioneer Tr) to CSAH 18 (hymen Blvd) 1,3 1993 1,776,400 # 200.000 1.57*. 400 - -. _1 • 1,776,4001 • # CSAH 10 (CR 111E ngter Blvd Extension) CSAH 15 (Signed CR 17 /Audubon Rd) to TH 212 0.4 1993 531,200 • 531.200 _ - -_ • --. 531.200! • NewConslrudkon CSAH 10 (CR 11IEr�r IerBIWExtension) Bavaria Road to CR 10 -- - - - - -- - 1.5 1997 1,210.000 1,030.000 120,100 10.000 50,000 _ -. __ CSAH 11 (Guernsey Avenue Extension) CSAH 10 to Lake Bavaria 2.1 1996 1.035.000 885.000 150.000 i � CSAH 17 (CR 17/Powers Blvd Extension) CSAH 14 (Pioneer Tr) to CSAH 16 (Lyman Blvd) 1.0 1998 780.000 60.000 720.000 0 New Bridge 1 • (CSAH 10 (CFI 111Engler Blvd Extension) I Chaska Flood DHersbn Channel I 1994 1.o60. Ooi • 1 --- I.t)60,000l -- - - - -_ _ # L 1,060.000 9 1 CSAH 10 (CR 111E ogler Blvd Extension) T-I 212 1995 138,000 • 46.000 . - - _ 92,000 # 138,000 0 Traffic Slgnels CSAH 10 (Signed CR 11/Engler Blvd) _ TH 41 -- 1996 120.000 60.000 60.000 - I CSAH 10 (Signed 0* 11/Engler Blvd) Skyvlew & Crest - - 1998 343,000 175.000 168.000 - - -.. -. CSAH 11 (Vidoda Drive) TH 5 (East Intersedion) -- 1994 108.000 27,000 27.000 -- 5 4.000 , -- -_ - -- _ { CSAH 11 (Victoria Orly.) TH 5 (West Intersection) - - 1997 131.000 44,000 67AD0 ---. - - CSAH 13 ( Roling Acres Roed) TH5 - - 1997 132.000 66,000 _66,000 i CSAH 13(Roling Ades Road) TH7 - - 1997 132.000 44,000 88,000 _ - - -- _- -_, -.- CSAH 14 (Pioneer Trail) TH 101 - - 1994 106,000 54,000 54.000 • CSAH 14 (Piorear Trail) CSAH 15 (Signed CR 17 /Audubon Rd) -- 1998 136.000 • 136.000 _ ___ • - _1_36.0001 • CSAH 14 (Pioneer Trail CSAH 17 (CR 17/Powers Blvd Extension) -- 1996 138.000 136,000 _ 01 # CSAH 15 (Signed CR 17 /Audubon Rd) TH 212 - - 1995 136.000 • 48,0 92,000 • 138.0001 00 # • CSAH 17 (Powers Boulevard) 78th Street - 1993 136,000 9 136,000 _ • - - 138 0001 # • CSAH 17 (Powers Boulevard) CSAH 18 (Lyman Blvd) -- 1998 136,000 • 136.000 • 136,0001 9 O CSAH 16(lymenBoulevard) TH 41 -- 1994138,000 • 69,000 69.000 • - 138.0001 • -y ` _ ' # CSAH 16 (Lyman Boulevard) CR 117 (Audubon R d) - __ _ _ _ -_- 1998 _1_36.00_0 • 136.000 _ _ _ # _ 136.000, • # CSAH 19 (Gebin Boulevard) TH 5 -- 1995 136.000 • 0 69.000 - 69.000 • _- 138.000 0 I Total 1 1 16.91 -- 123.467.6001 (10,576,6001 7,439.6001 3.443.4001 647.0001 1,361,0001 1 15.676,6001 • - - - 1 C4y, sea .k. 'M- reetnr -ads _ - - MN 1111111111rmaiii - .1 .1 EXHIBIT B 1 Agreement No. 1 1 JOINT POWERS AGREEMENT • BETWEEN • 1 CARVER COUNTY AND THE CITY OF CHANHASSEN FOR 1 DESIGN AND CONSTRUCTION .1 OF CSAH 17 (Signed CR 17 /Powers Boulevard) i 1 . I THIS AGREEMENT, made and entered into by and between the City of Chanhassen, a municipal y ty P ; corporation, organized under the laws of the State of Minnesota, party of the first part, hereinafter referred to as 'City ", and the County of Carver, Minnesota, a municipal corporation organized under the laws'of the State of Minnesota, party of the second part, hereinafter referred to as "County "; 1 WITNESSETH: WHEREAS, The County and the City have been involved in discussions and studies relating to the design .1 and construction of: Carver County State Aid Highway 17 (Signed CR 17 /Powers Boulevard) between County State Aid Highway 18 (Signed CR 18 /Lyman Boulevard Trail) and Trunk Highway 5, and I WHEREAS, County State Aid Highway (CSAH) 17 is under the jurisdiction of the County for purposes of maintenance and improvements, and 1 WHEREAS, It is the desire of the City to assess a portion of the construction costs in accordance with its street assessment policy to the property benefitted by the construction of said facilities, and 1 WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding the construction of said CSAH 17; I NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and the County as follows: II 1 111. Page 2 • CSAH 17 Agreement No. Carver County and City of Chanhassen 1 A. That this agreement shall apply only to the improvement of the following described portion of County State Aid Highway in the City: CSAH 17 (Signed CR 17 /Powers Boulevard) between CSAH 18 (Signed CR 18 /Lyman Boulevard) and Trunk Highway 5, and Said improvement shall include a pedestrian trail along CSAH 17. B. That said CSAH 17 is to be constructed, consistent with current State Aid Standards, as a divided urban street section with concrete curb and gutter having a width adequate for accommodating two driving lanes in each direction. C. That the Carver County Engineer will be the project manager in charge of each portion of said described highway as and when same is designed and constructed. D. Prosecution of the work will be performed on the following basis: The County will: 1 1. Hire the engineering consultant firm of Bennett Ringrose Wolsfeld Jarvis, Inc. to prepare and complete the construction feasibility study; the soil investigations for both the feasibility study and the design of the project; the construction plans, specifications, and special provisions; the estimate of construction cost; the permanent and temporary right- of -way, drainage, and slope acquisition descriptions; and the other tasks required to complete the design of the project, acquire necessary permits and approvals from reviewing agencies, and otherwise provide for the construction of the project. 2. Act as the contracting agency for the construction of the project in accordance with the competitive bidding requirements of Minnesota Statutes 471.345 and 375.21. 3. Hire the engineering consultant firm of Bennett Ringrose Wolsfeld Jarvis, Inc. to provide the necessary construction supervision, surveying, inspection and reporting services 1 required for construction approval by the County, the City, and the Minnesota Department of Transportation, Office of State Aid. Said services shall include keeping adequate records to document the quality of construction and to substantiate pay quantities. 1 4. Obtain a Chanhassen City Council Resolution approving the construction plans, specifications and special provisions prior to advertising the project for bids. 5. Obtain a Chanhassen City Council Resolution restricting the parking of motor vehicles on CSAH 17 prior to advertising the project for bids. 6. Obtain written approval of the construction plans for the project from the Minnesota Department of Transportation, Office of State Aid, prior to contract award. Obtaining this approval prior to advertising the project for bids is preferred. 1 Page 3 CSAH 17 Agreement No. ' Carver County and City of Chanhassen 7. Obtain concurrence from the City of Chanhassen in the award of a construction contract for the project. The County shall not award the construction contract until the City ' advises the County in writing of its concurrence therein. 8. Maintain the project open to inspection by the City's duly authorized representatives. ' 9. Obtain the written approval of the City for any change in orders or supplemental agreements to the contract involving work in which the City is cost participating, prior to the performance of such work. The City will: ' 1. Prepare, appraise, and acquire at its expense all necessary permanent and temporary right-if-way, drainage easements and slope easements for the construction of the project (with the desired permanent right -of -way being a minimum of 150 feet in width); and assign any and all interest to said permanent and temporary acquisitions therein to the County. • ' 2. Institute and diligently pursue the acquisition of said right -of -way and easements as soon as practicable after the ordering of the project, or a portion thereof, and subsequent to the "public hearing" pursuant to M.S.A. Chapter 429 as above set forth. ' 3. Hold a public hearing on the making of such improvements pursuant to Minnesota Statutes, Section 429, prior to the award of a contract for the project. F. That the design, construction, and funding of underpasses and bridges to accommodate a pedestrian trail or trails through CSAH 17 shall be the sole responsibility of the City; the County ' shall have no funding obligation toward the structure or structures. G. That the design, construction, and funding of traffic signals at any intersection along the described portion of CSAH 17 is not a part of this agreement. H. That the County adopted policy for the division of costs for improvements to County State Aid Highways within a municipality, said Policy being adopted by the Carver County Board of ' Commissioners on February 8, 1972, a copy of which is attached hereto (Exhibit A) and made a part hereof for reference, shall not apply to the improvement of the hereinbefore described highway (CSAH 17). I. That the County shall do all things necessary for the construction of said facilities except as set forth in this agreement. 1 J. That the City shall, in applying its subdivision regulations to future development proposals abutting the portions of road included in this agreement, require direct access to CSAH 17 via public street intersection unless otherwise approved by the County. 1 1 111- Page 4 1 CSAH 17 Agreement No. Carver County and City of Chanhassen 1 1 K. The City agrees that the County shall be the sole owner of all accompanying documents including the original construction plans ( "as- built'), specifications, and survey notes. 1 L. The method of financing the improvement project shall be the prerogative of Carver County and the City of Chanhassen. Funding of the project is subject to the following provisions: 1. UTILITY COSTS: a. The City at its expense, if any, shall be responsible for the relocation and /or installation of 'local" utilities included in the construction of the project. Said 'local' utilities including, but not limited to, storm sewer, watermain, sanitary sewer, electrical distribution and street lighting systems. b. The City at its expense, if any, shall be responsible for the relocation of 'private' utilities. Said 'private" utilities including, but not limited to, natural gas, telephone, cable, and electrical facilities. 2. CONSTRUCTION COSTS: a. The City will pay one- hundred (100) percent of the construction costs for CSAH 17 trail underpasses and bridges installed as part of the project. c. The City will pay all other expenses included in the construction contract for the project such as clearing and grubbing, grading, base, subgrade preparation, dust control, storm sewer, concrete curb and gutter, bituminous trails, bituminous pavement and traffic control up to a total amount of $4,000,000.00 (excluding trail underpass and bridge structures). If the total cost to the City for all other expenses included in the construction of the project exceeds $4,000,000.00 (excluding trail underpass and bridge structures), the County will pay to the City fifty (50 %) percent of the portion of the City's total cost which is in excess of $4,000,000.00 (excluding trail structures). 3. ENGINEERING COSTS: 1 a. The City will pay all engineering costs for CSAH 17 trail underpass and bridge structures installed as part of the project. 1 b. The City will pay all other engineering costs for the project. . o 1 111 1 Page 5 CSAH 17 Agreement No. 1 Carver County and City of Chanhassen 1 4. REIMBURSEMENTS: I a. During each month of the term of the construction project, the County will bill the City for its share of the construction and engineering costs. The City will reimburse the County within sixty (60) days for any balance due. 1 b. Upon completion and final acceptance of the project and receipt of a detailed listing of the final actual construction and engineering costs, the City will reimburse the County within sixty (60) days for any balance due. In the event the I City deposit exceeds the actual final cost of the City share, the County will refund within sixty (60) days such overpayment. . I M. The parties to this agreement shall be liable for its own acts to the extent provided for by law and hereby agree to indemnify, hold harmless and defend the other named party to this agreement, its officers, agents, employees, and volunteer workers against any and all liability, loss, costs, I damages, expenses, claims or actions, including reasonable attorneys' fees with the other, its officers, agents, employees, and volunteer workers may hereafter sustain, incur or be required to pay, arising from, or related to the provisions of services hereunder by reason of any act or • omission of the party, its officers, agents, employees and volunteer workers in the execution, 1 performance, or failure to adequately perform its obligations. N. It is hereby understood and agreed that any and all employees of the City and all other persons I employed by the City in the performance of the provisions of services hereunder shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or I omission on the part of said City employees while so engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation of responsibility of the County. I 0. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise I under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the 1 City. P. Pursuant to Minnesota Statute 16B.06, Subd. 4, the County and the City agree that the County, I the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, 1 records, etc., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this Agreement. The parties agree to maintain these records for a period of three years from the date of 1 termination of this Agreement. 1 1 Page 6 1 CSAH 17 Agreement No. Carver County and City of Chanhassen 1 O. During the performance of this Agreement, the City and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right I in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State taws against discrimination. R. Each party to this agreement reserves the right to withdraw from and cancel this agreement within I 30 days from the opening of bids for the project in the event either or both parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written 1 notice thereof upon the other. S. Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto. 1 T. Each party understands that the contracts for CSAH 17 is scheduled to be awarded in 1993 or 1994. In the event that the contract for CSAH 17 is not awarded in 1994, this agreement shall be subject to renegotiation. U. Each party agrees that any and all portions of the 1989 joint powers construction agreement I between the parties hereto that refer to the herein described portion of CSAH 17 shall be considered null and void upon execution of this agreement. . IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. I City of Chanhassen, Minnesota County of Carver, Minnesota 1 Mayor, City of Chanhassen Date Chairman, Bd. of Commiss. Date 1 Attest: Attest: 1 City Clerk Date County Administrator Date I 1 Approved As To Form: Approved As To Form: 1 City Attorney Date County Attorney Date 1 I I= mu EN mu imi NE mu um ma MIN MO 111111 Mil II MI 111111 MI MN I. 111111 November 19, 1993 Page 1 of 1 EXHIBIT C CARVER COUNTY DEPARTMENT OF PUBLIC WORKS — HIGHWAY DEPARTMENT 1993 -1998 "MASTER AGREEMENT' COUNTY HIGHWAY CONSTRUCTION PLAN PROJECTS (Chanhassen and Chaska Area) IN PROPOSED 1993 -1998 CAPITAL IMPROVEMENT PLAN (Highway Projects) Cities. County, Year Chanhassen Chaska Carver County Other & Grant Grant & Other Tax Increment District Tax Increment District Tax Increment District State Aid Levy Total Cost Cost Cost Cost Cost Cost Cost Obligation Obligation Obligation Obligation Obligation Obligation Obligation 1993 35,600 837,400 1,877,000 0 341,300 4.500 3.095.800 1994 537,900 1,441,200 990,000 2,870,000 306,800 595,500 6,741,400 1995 0 602,900 35,600 700,000 493,500 172,000 2,004,000 1996 0 3.264,800 362,800 0 0 0 3,627,600 1997 0 0 0 0 0 0 0 1998 0 0 0 0 408,000 0 408,000 1999 • ' 0 0 0 0 0 2000 0 0 0 0 0 2001 0 0 0 0 0 2002 0 0 0 0 0 2003 0 0 0 0 0 Subtotal 573,500 6,146,300 3,265,400 3.570.000 1,549,600. 772.000 15,876,800 • L Total I 6,719,8001 3,265.4001 5.119.6001 772.0001 15,876,800 TIFPRO56.WK1 • • MAY- 4 -9Z TUE 14 :10 P -02 MEMO 1 TO: CHASKA AND CHANHASSEN CITY COUNCILS CARVER COUNTY BOARD OF COMMISSIONERS FROM: DON ASHWORTH, CHANHASSEN CITY MANAGER ROGER GUSTAFSON, CARVER COUNTY ENGINEER DAVID POKORNEY, CHASKA CITY ADMINISTRATOR DICK STOLTZ, CARVER COUNTY ADMINISTRATOR S UBJ: EASTERN CARVER COUNTY TRANSPORTATION PLAN, PHASE 1 1 DATE: MAY 4, 1993 1 The purpose of our memo is to provide a general outline summarizing our understandings concerning implementation of Phase 1 of the Eastern Carver County Highway Construction Plan. In 1990 the cities of Chanhassen, Victoria, Chaska and Carver County jointly developed the Eastern Carver County Transportation Study. The study identified future traffic /highway needs based on 2005 development forecasts. The plan concluded that a number of major County highway improvements were necessary in Eastern Carver County to meet these future demands. The recommended 1993 -2002 program for Eastern Carver County was estimated to cost $50 million to implement. Recognizing that the full project cannot be funded in the five year planning period and, further, that even a minimum program cannot be funded 100% by Carver County's existing resources, the cities of Chaska and Chanhassen along with Carver County have developed an alternative funding package and phasing strategies for implementing the key elements of the Eastern Carver County highway needs. Based on our discussion the first phase of the project would consist of the improvements which are shown on Map A. Financing for these improvements would be through a combination of County tax levy, County State Aid allocation, City tax increment funds and other City resources. The costs to each of the jurisdiction and their annual appropriation are summarized in Table A. 1 1 1 1 I1., - 4 -93 TUE 1 4: 1 0 P.03 .1 _' Based on preliminary estimates the cost of constructing the Phase il 1 improvements will be $23.6 million financed from the following sources: Carver County Tax Levy $ 3,018,000 I Carver County State Aid 7,580,000 City of Chaska 3,458,400 City of Chanhassen 7,439,800 il Other 2,063,600 TOTAL $23,559,800 II Under Minnesota statutes local municipalities can use tax - increment funds for roadway projects within established districts. In addition, the tax increment statute 469.175 authorizes the County to require the local authority to dedicate 11 available tax increments to pay for certain County road improvements. 1 To implement the initial phase of these highway improvements the cities of Chanhassen and Chaska along with Carver County agree in concept to an implementation and financing plan summarized by the II following key elements: A. Carver County agrees to construct those roadways identified in Map A in the 1993 -1998 timeframe. II B. Carver County would contract with engineering consulting firms to prepare plans and specifications on these road 11 projects with representatives of each of the three participating governmental entities serving on a coordinating committee for the projects. Those roads constructed in the Chaska and Chanhassen areas will be an I urban design and include an off roadway trail. The final design of the roadway will be reviewed and approved by II each City. C. The cities of Chaska and Chanhassen would assume responsibility for acquiring the necessary right -of -way I for projects within their respective communities. For projects along the joint border between the two communities the cities would share equally the cost of 1 right -of -way acquisitions. 1 II 1 MAY- 4-9 TUE 14 : 1 1 P.04 II' D. Carver County would agree to contribute a total of $10,598,000 towards the projects which would be funded through the following allocations: 1 County State Aid County I Year Allocation Tax L Tot 1993 $ 760,000 4 14,900 1,174,900 1994 1,030,000 636,600 1,666,600 1995 2,820,000 598,500 3,418,500 1996 -0- 395,000 395,000 1997 1,600,000 214,000 1,814,000 1998 1,370,000 759,000 2 $7,580,000 $3,018,000 $10,598,000 E. The City of Chaska would agree to contribute $3,458,400 which will be financed from tax increment revenues and II made in payments as follows: 1993 - $1,892,000; 1994 - $1,025,600; 1995 - $362,800; 1996 - $10,000; 1997 - $168,000. II F. Chanhassen would agree to contribute $7,439,800 which will be financed from tax increment revenues and made in II payments as follows: 1993 - $1,075,800; 1994 - $3,679,200; 1995 - $1,964,800; 1996 - 0; 1997 - $20,000; 1998 - $700,000. II G. Chanhassen will certify the amount of "Surplus Increment," as defined by statute, in the years 2001, 2002, and 2003. The County Auditor will calculate the II amount of said surplus due to School District 112, Carver County, and the City of Chanhassen. The City may retain that portion of the City and County distribution solely II to make County road bond payments. Any remaining monies shall be remitted proportionately to City and County based upon their respective original distribution. II It is understood that based on preliminary cost estimates, the combination of funding by the three agencies is adequate to fund I the projects identified on Map A. Further, it is understood that the three parties would agree to execute joint agreements outlining the details of these understandings along with specific contracts for joint participation in each of the individual II County projects. As part of its initial studies, the County will prepare more detailed cost estimates for each of the segments. The efforts to date by each of the parties clearly exhibit the Y benefits of developing a cooperative attitudes among local government units. This memo accurately reflects the discussions II we have had to date. It is recommended that the policy making boards of each of the three agencies review the projects and financing plan and consider adopting in concept the plan as outlined. If you have any questions or comments please feel free II to contact me at your convenience. II C ITY OF ClIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORA ''UM TO: Mayor and City Council FROM: Don Ashworth, City Manager U P (1.-- - 1 DATE: April 1, 1993 SUBJ: Upgrading of County Roads in Eastern Carver County, Update Report ' An Eastern Carver County Transportation Study was jointly funded and completed approximately five years ago. That report showed that the county road system was not only failing, but would become disastrous within the next ten year period. At that time, we began jointly meeting with Victoria, Chaska, and Carver County officials to determine how we could jointly upgrade these road systems so as to better serve all of the communities. The process recognized that Chanhassen or Chaska are not an island unto themselves, but truly a part of a larger community ' that recognizes the importance of moving kids to and from schools, to and from friends in Chaska. to and from Chaska's Community Center, etc. We have made tremendous strides improving Highway 5 so as to provide access to and from our community. However, if the ' county roads fail, we will not have accomplished our original purpose as we will be unable to get our residents to or from Highway 5. If our county roads are not upgraded, we will have lost not only the opportunity to move vehicles, but we will also have lost the opportunity to move pedestrians. If you consider that almost every one of our major corridors (Highway 101, CR 17, CR 117, Lyman Boulevard, CR ' 17 south of Lyman) are all roads having rural sections. The ditches are necessary to accommodate water runoff, but are a significant barrier in our attempts to move pedestrians. It's not until after these roadways are modified from "rural sections" to "urban sections" that you can ' reasons - `v accommodate four lanes of traffic plus two 8 -10 ft. trails on either side. We can build as ma,, trails and walkways through our downtown, business park, and residential neighborhoods. but until similar trails exist along our county roads, we will never be able to meet ' the pedestrian needs of our own community, or the larger community to which most of our citizens relate. ' There is a third element involved with collector roadways (county roads/State Highway 101) which is not often considered by our residents. That point is that these collector roads can either ' act as barriers within the community (as currently exists), or as means by which each of our neighborhoods can become linked and act as a part of the whole. Greenwood Shores, Lake � 4i PRINTED ON RECYCLED PAPER 1 Mayor and City Council �^ April 1, 1993 Page 2 1 Susan Hills, and Colonial Grove are currently isolated neighborhoods, and residents of those areas find it difficult to relate to neighborhoods across the street from them or to the community itself. This form of isolation doesn't need to occur, nor does a vehicle passing by need to sense this isolationism. For example, homeowners living within Saddlebrook have a feeling that they have as much ownership to the Chaparral Park as the Chaparral homeowners themselves. For the most part, that entire area is linked together as though it were one larger neighborhood instead of the six or seven separate subdivisions which were originally approved. Kerber Boulevard acts as a common link allowing vehicular traffic to pass from one block to another, pedestrians to move from Western Hills Pond to the Chaparral Park to downtown, etc. Street lighting exists along the entire roadway with the city having places to install the light standards, street signs, etc. If this roadway would have been built as a rural section, each of those neighborhoods would be standing in isolation in much the same way that Greenwood Shores, Colonial Grove, and Saddlebrook currently exist. As stated earlier, the city's in eastern Carver County and the county itself have been working for the past several years in an effort to upgrade our county roads. On Wednesday evening I would like to provide an overview of those work efforts, total costs, and the likelihood of being able to achieve county road upgrades throughout our community. One major means by which this goal may be achieved is through a special bill which Carver County is seeking to gain approval for from the state legislature. Specifically, they are hoping to see Chanhassen's tax increment district extended for four years after the year 2000, with the revenues generated from that extension being pledged to county road construction. Our previous tax increment plan had included dollars for county construction, but the amount of that was relatively minor, i.e. $2 to $3 million through the year 2000. I recognize that $2 to $3 million is not an insignificant amount of money, however, the overall county road construction bill approximates $40 million. Again, I would like to discuss what roadways the county has designated as priorities, potential 1 construction dates, costs, potential participation levels, etc. 1 1 1 1 1 1 1 CARVER COUNTY DEPARTMENT OF PUBLIC WORKS COUNTY HIGHWAY AND LOCAL MINOR ARTERIAL STREET CONSTRUCTION PROGRAM (1993 -2002) CHANHASSEN, CHASKA, AND VICTORIA AREA OF CARVER COUNTY MARCH, 1993 ma op an I— um = am Ns ow me ow ow No am — EN um NE as ma as Ns r r am as am am or rr as am NE as r am EN c --- j f .(' 4 ,!:: - .. --, _., . , .� -11 �' fie J : `F.- 'l o _`( ..,- . �K �`� 2 �i`'`L--'� � _ � a C-11.• CARVER COUNTY �.. �:. . Q _, ' . , _.." *: • J ' -= DEPARTMENT OF PUBLIC WORKS • . tc) -..... . . . t •P" i i_.. ... .-.. 1 11 / :� —... �' , _ `, , �t .... Z� 1999.2002 �1 I ; C > i. �' . .. �1 j• fI COUNTY HIGHWAY _ N!•. • i , t , f11� :.: ` 1;i • �• : . ,� AND _ T _ / LOCAL MINOR ARTERIAL STREET • a --!" :_=_=: _ ) I: i ' tom = _ , • _ ... i �:�•. . ' .T s CONSTRUCTION PROGRAM • • r . • r : ` ��` o • I • • 1 / . �Y . ' f CHAN21 sot ' ....zi 4.4 _ __ r .,: II �. s == CHANHASSEN, CHASKA, AND VICTORIA AREA • CHASKA . 1 . OF 11 � �.°"*� f #. 1 �: • � ^^ _ a! CARVER COUNTY • :.-4 ii . . I / ` ` A � 0 �v �((l s' i I.EGEND T ° 1.^ l 1 Caddo' c. : ♦ y ', s * frit J < �! .......r.•• CarnrucaoMbcorr4uc , bn Carndor • rs, • t - .2 . - 1l NN t • ir4le Sync Y,u•r•ran wo.on � • .. 1 ' ; i • • ' �,. , �. �- 0wnrcpm•rr OI•YY7 rd•ry • II ••� r R` � .....5...i ........, ��' "• s A I I f :%.s..1 . MARCH, 1993 ii ' 1• • . 1993 -2002 CONSTRUCTION PROGRAM COUNTY HIGHWAYS AND LOCAL MINOR ARTERIAL STREETS CHANHASSEN, CHASKA, AND VICTORIA AREA • Area Cost Estimate (1) Chanhassen 15,080,000 Chanhassen & Chaska 2,717,600 Chaska 12,711,600 Chaska & Victoria 592,800 Victoria 5,532,400 Victoria & Laketown 796,800 Laketown 2,406,000 Total 39,837,200 (1) Estimates include professional service and construction costs for highways, traffic /railroad signals, bridges, and trails. No utility relocation, right–of--way acquisition, street lighting, and landscaping costs are included in the estimates. • -- — I r — ham Ns Ns an us am Ns am Nu am am am ow orl - mil we r on rr r all no as • rr r r r • r • r ;! O .._ :We( t - - - -- _ � � _ .. 1 . !E _ • - CARVER COUNTY O ! • i � s� Ji.++— I. _ -y , DEPARTMENT OF PUBLIC WORKS II I , i I,` IL.t11 LASS E 11� .ii+ :1 -5" 3 _ ,, '.Y. � l) a �l� ;� . « -" - !. s i ' • t , , ` 1 ... r✓ • r.�.r.a i• ' s 1 I r -=- C> `. ' DIST N1 : STAGE ONE (1993.1999) 1. .. 4 --- ` '� gar: k GIST N2 . : ' •• 1 i] VICTORIA � , _-- -.�,. • •� '�.• , ��'' x . • . !.. • Y o = dl,- • • _ .._t \�, • •• • :"-i.1----r ;' ,r :1 COUNTY HIGHWAY it `� �__ ` 4 1 ..`. . .• : \_ AND • •�� ` • 1 � "" • • • • • •• LOC MINOR ARTERIAL STREET i . .,� i CHANItAS � — • ) ; �' CONSTRUCTION PROGRAM (1993•2002) 111 �� • CIIASK . �,� _ 1 •< g '." iai�in i * �(.• qi CHANHASSEN, CHASKA, AND VICTORIA AREA 11 ' 1 2:-_,__. - } • � tip --.� t OF - ' \` ` � 1 ' E % 'i : 1 Lam. - L i s CARVER COUNTY ` L:\ ^^- / / +-+ : y Al -, `. ... M � . Is i .- 9-.--17,-"'"-..........1_ ,` ' LEGEND a i• Cooddor - s siit.,71 - •:. rilMtiply / A r - Id ig ' i ;% ..• ° ,� o>.._r_ '�9 ' .• .........■. ca.+auceavR.wnswcYOncma« i • • 'haft Spinal II.ftMtlb11 l.OGN�OII ii • / ...4, � D.vbPrtwM OIWiGI Boundary ! g % �% _. } • MARCH. 1993 STAGE ONE (1993 -1995) 1993 -2002 CONSTRUCTION PROGRAM COUNTY HIGHWAYS AND LOCAL MINOR ARTERIAL STREETS CHANHASSEN, CHASKA, AND VICTORIA AREA Area Cost Estimate (1) Chanhassen 8,686,200 Chanhassen & Chaska 2,124,800 Q \rr � , Chaska 4,452,800 Chaska & Victoria 0 Victoria 0 Victoria & Laketown 0 Laketown 0 Total 15,263,800 (1) Estimates include professional service and construction costs for highways, traffic /railroad signals, bridges, and trails. No utility relocation, right —of —way acquisition, street lighting, and landscaping costs are included in the estimates. - um Ns r r am r am Ns Ns as No EN EN o No am MEMO TO: CITY COUNCIL 1 a TROM: DAVE POKORNEY SUBJ: EASTERN CARVER COUNTY TRANSPORTATION PLAN IMPLEMENTATION i DATE: MARCH 12, 1993 1 In 1990 Chaska along with Chanhassen, Victoria, Waconia, Carver and Carver County jointly developed the Eastern Carver County Transportation Study. This study identified future • traffic /highway needs based on 2005 development forecasts. The plan concluded that a number of major County highway improvements were necessary in Eastern Carver County to meet these future demands. The recommended 1993 -2002 program for the Chanhassen, Chaska, and Victoria area of Carver County is summarized in Map A. The estimated cost to implement this program is $50,000.00. ' Recently, I have been meeting with representatives of Carver County and Chanhassen to develop a joint strategy for constructing and funding these highway improvements. The first step in our process was to review resources available to the County to fund the necessary improvements. Through the 1990's it is forecast that Carver County will receive approximately $1.3 million annually in State Aid funds and may have the ability to levy an additional $800,000- $1,000,0 for highway purposes. Consequently, County would have resources available over a 10 year period on a County wide basis for highway improvements of $20 -22 million not adjusted for inflation. Consequently, even if the County were to allocate 100% of its resources it would be unable to address full Eastern Carver County highway needs. The second step in our review was to begin to prioritize the projects. As a product of this review we identified those project as shown on Map B as our initial priorities. As you will note from the map, the main emphasis in the Chaska area is upgrading County Road 17 which will provide an alternative II north /south route through the community. At the present time the only north /south route continuous roadway is Hwy. 41, which is closely approaching capacity. Further, with development that is occurring along County Road 17 both in Chaska and in Chanhassen, this project became an obvious priority. The total costs for the projects in the first priority group is estimated to be $10,668,000. As we discussed these groups of projects it became clear that any improvement program needed to be coordinated so as II to avoid an extended period of construction (i.e. County Road 17 being under construction through four continuous construction seasons) and that a financing plan should be developed which would allow the County to complete these improvements in a timely manner. i 1 II County . State Aid County Year Allocation Tax Levy County Total 1993 0- $ 959,000 $1,009,000 1994 $1,323,000 200,000 1,523,000 1995 1,780,000 1,127,000 2,907,000 1996 475,000 655,000 1,130,000 II D. The City of Chaska would agree to contribute $400,000 per year of tax increment revenues from 1997 through 2001 towards financing of the project. It is anticipated that Chaska would sell debt of approximately 1 $ which would be available for construction to the County in 1994. Prepayment of the $1.6 million debt would come from Chaska's $400,000 commitment annually 1 beginning in 1997. E. Chanhassen would agree to contribute $1,000,000 of tax II increment in 1993 and $400,000 annually of tax increment revenues beginning in 1996 through 1999 or a $2.6 million contribution. Chanhassen would agree to an additional contribution of $1.8 million in the 2000 -2002 II tirneframe if they are not required by State statute to cancel their tax increment districts prior to that tir,eframe. If, though, the districts are cancelled 1 Carver County would agree to contributing an additional tax levy of $1.8 million generated in the 2000 -2002 t .r,efra:ne. This additional County levy results from new revenues accruing to the County as a result of I cancelling of the Chanhassen tax increment districts. Under tn:s scenario a total of $12.969 million would be available II and cc.:1d� fund the construction of up to $10.7 million of highway i�: prcver,e_.ts in the '93-95 timeframe. ' C'- `, , s' y, a number of details relative to this concept need to be w;,rked cut prior to consideration by each of the governing bodes. The purpose, though, of reviewing these discussions with the Council at this time is to both update the Council on our I cis- 'ce;ons and to solicit your comments and direction that I should proceed on the project. Key policy questions that the Council needs to discuss are: 1 A. Is there a need to begin to put a higher priority on constructing the County road improvements within Eastern I Carver County? E. Are the priorities as outlined in Exhibit B appropriate? 1 C. Is the Council supportive of using a portion of its undesignated tax increment revenues for the proposed improvements? 1 D. Is the sharing of costs as proposed among the three parties equitable and appropriate? 1 II ✓✓ , ._ ,: !.!: ,t'i'p 5'' y 7 . - 0S T� _ ' ..., 3 ' '� Y tM 2 eR � C Y '1 l . ; Mu --.-t-47------- , : \ i -:-.- Air ;;. _: Imo - __� . � :. tr. __._...- - -. • ( ,; -- r r ALTERNATIVE ONE O _ ° � ` ■ - • ' 11 { 71 . ....+ ...• .+ • ` \ ! �, ` � • ,,, 'b '11,19'' - 1 I . t 1953-1995 C .1tA ttltA.SSEN b y • . • . M �' - ' -= % i •�•� L - , ' Orradaa. - i1 HIGHWAY IMPROVEMENT PROGRAM -U ' D 1 , • . - ..rr..• �' 1 FOR • 4 j ....-.Ta t , 4 �� j `~" •• J �, COUNTY HIGHWAY CORRIDORS • .... 0........ . ,...,-,_,___--;.. .1— as . CHANHASSEN AND CHASKA } . sstf • itAt • •,_ / • • 1 _ EAST OF TRUNK HIGHWAY 41 1 1_:5- fr S.:51 -ear • J J I _ • • ^ C1tA51CA • kp "1 y E L LEND T � 1 . econsuucoon C04114/04 �1 xa A^ • ► � r Shoulder Paving Cap . P, f 11‘ taw w r lit Overlay .. •�:,� /-- Z . f �� /' ` 1, �-� . TraMieS10na11naUlla llor+Loeallon `J 1 7/ : ` •. • :-sr .., .� • Development District Boundary Y. - idle -:....., . M - .•-• e 1 • .: • • .t.. r 'N"ibr4tut4ttl"jei °1'` !r�i' I4r1�VJ tI11NN�7tMF1 PRIMM 110 FT'4$1111 ,' ing 11'111ii f : � • ti da4':i1-. :.::'; MINI IIIIIIII IMMI MN 11111111 IIIIII 1111111111 • • INN OM MI Mil MN Mill 11111111 MIMI aim we .1 ALTSINA11VE ONE I 1003 -1005 HIGHWAY IMPROVEMENT PROGRAM FOR COUNTY HIGHWAY CORRIDORS IN CHANHASSEN AND CHASKA (EAST OF TRUNK HIGHWAY 41) I ay karat tatltntab (1) I i Codor Segment Desor(pbon LanOAh Township M , Prof Saw I Ii -O -W Conti I Tot& I Chanhas sen CSAW 14 (P■ortee' TIC Watt Gy Limb to TW 101 2 Larvae Rwsa (Ov••y) T 1.5 155.000 CSA:+ 17 (Powers Bwd, CSAN 15 (Lyman) to Lake Dram Wass 4 Lanes Urban Divided 1.1 310,000 110.000 2.000,000 2110.000 I I.. Ma Ore. West b Tel 5 4 Lanes Urban prided 0.5 145,000 10 000 650.000 1,145.000 i'. N S a Oa M.4 Nora Lanes Urban Divided 0.5 67.000 50.000 570000 667000 CSAy i 6 (Lyman Btv1f TN 41 10 TC 5 W Ranrced 2 Lanes Rural (Overlay) 0.4 56,000 55,000 C54 t0 (Lyman 8wd ' CS. t7 to 02S M East or Audubon Rd 2 Lanes Rural (Overlay) 0.5 70.000 70.000 CSA 18 (Lyme Bwd TN 41 b TC 1 W Raitroe 2 Lanes Rural ( Overlay) 1.0 145.000 145.000 17J.r to E■d■ I CSAH 16 (Lyman Ethel to TH 5 2 (Ult 4) Lanes Urban 1.1 167.000 66000 1210.0001 1,465.000 M TH S TrstSe Signal 0.0 16000 120.000 155000 CS t 17 (Grp" E'vd IT,- $ to Nort7 Cry Limits 0 Subtotal 6.4 756.000 276.000 5210.000, 6,500000 I Chanhassen !CS i••••• 's Lyme' 0 vC TC 6 w R0 to CF 17 I 12 Lamas Rura (Overlay) 0.6 6S 000I 65.000 • I 1 1 1 I t,1»s4 ICS 117 (CF 17/A,;pux- =d IC S N Not o1 CSA . 14 to CSAN 10 2 (Un 4) Lanes Urban 1.01 170.0001 10.0001 1.100.0001 1!50.000 I 1 1 1 1 I Subtotal 1.6 170.0001 10.0001 1.1 65.000 J . 1 ,435.000 Chaska 105 10 11,S nos. Ervd STN Al tp CSAH 15 (C3 17 /Audubon Re ;; 12 Lanes Rurj (Overlay) 1 1.1 1 150,0001 110.000 ! CSA- 10 (CF t • 1npe' $v: ICSAw 15 (CP 17 /Aud,tbon! to TM 212 12 (UII 4) Lanes Urban Oa 66,0001 66.000 MO,OOp 6+0,000 IA1TH212 TnrAeSignst OA 16.000 5 120.000 156000 CSA- 14 (0,0-,04 • re'! ICSAH 1S (C7i 17) to East Cly Limits 2 Lanes Rural (Ovr4y) 0.4 40.000 40.()00 I CSA- 15 1, 17 /AU0.:bonR ITH 212 b Trurnbls Ogres 2 (UIS 4) UPON Urban OA 155.000 72000 600.000 1215.000 Al TH 212 Trette Signal 0.0 11,000 0 120.000 166. CSA4 16 Nyman ENO', TN 41 to Chaska Easi LMtlta 2 Rural Lanes (Overlay) 0.S 70,000 70.000 , .01701 41 Trait Sean! 0.0 111.000 120000 156.000 CA 117 (CF. 17 /AudubonRC! CSAN 14 (Pamir Tr) le 01 MIN NOM 2 (Utt 4) LIMN Urban 0.3 11 24.000_ 100.000 405.000 1 S1a01blal 3.6 526.000, 111.000 2.560.000 1.1104 DX , Tar ' 11.61 1252,000 4060001 1.775.000 10264.000 I (1) Cat Essmates Protaas'aat Services t♦ -O -W Oansat4:tion Fou• as.% lanes urban d.viae 200.000 /mile 1 00000 /mlla 1.000.000 /mlie I Two (uillo.;•) reva' lanes urban 17000OhnW 6p0pphn4. 1.100000/rrtNe Twe rave' Lanes wear. 150 000HniN 60..000/11!!4 600,000/mIN • Two raver anal Nei' 60.000/m14 60.000 /1144 600,000 /mil It etc 5 16.000 /mho -- 120,000/we11 I No Y41rly relooa5ol e0■,n4Ta0On. i and 074' ads• ate ksdeAee T6'R022.WK1 • It • MEMO Cc.,:-;!, I TO: DICK STOLTZ a fit • FROM: DAVE POKORNEY 1 SUBJ: COUNTY ROAD TAX INCREMENT FUNDING II DATE: NOVEMBER 30, 1992 • Last week we discussed the need for Chaska to provide some II preliminary numbers relative to its potential future tax increment contribution towards County roads. Our assumption is II that the present tax increment law which allows for the use of tax increment dollars to upgrade roads controlled by the County will continue. As you are aware, Chaska's present redevelopment II plan has established a project for participation with Carver County and budgets $1 million towards these improvements. As I have reviewed our tax increment cash flow projections it appears that Chaska would be in a position to provide the following total ' payments: 1997 - $ 400,000 II 1998 - $ 400,000 1999 - $ 400,000 2000 - $ 400,000 2001 - $ 400,000 II 2002 - $3,000,000 Total $5,000,000 In making these commitments I would do so with the understanding 1 that the following roadways would be upgraded: Phase 2 of C.R. 17 upgrading 1994 1 Engler Road extended east of C.R. 17 to 212 1994 C.R. 17 upgraded north of Pioneer Trail 1995 - 1996 Engler Road extended westerly 1997 - 1998 II C.R. 11 extended easterly to Jonathan Boulevard - 1998 -2000 As we discussed the City's preference would be that the County 11 develop a Five Year Capital Improvement Program to fund each of these roadways during that timeframe and utilize our committed cash flows to finance long term debt. After you have had a II chance to review these numbers, please feel free to contact me to arrange a time to meet to discuss these projections further. 1 • 1 II 1 MAR -23 -9? TUE 16:21 P. f' 1 i r--- _..... , DATE: N.> !! 1 e l? -k-----# Chaska' ATTN: , ddeePth5 PROJECT: I 0: TRANSMITTAL I( we are sending you: [] Drawing ❑ Enclosed [] UPS ED Specifications [] Separate cover ing First Class Shop Drawings 0 Our rj Your Messenger tin Air Express 0 C7 . ❑ Facsimile COPIES DESCRIP'ION DATED BY , 1 II ED For Your Approval For Your Review /Comment Approved 0 NOT Approved o For Yoar Information As Requested u As Corrected Ej Revise and Resubmi REMARKS II Copies To II Sincerely _% ' 0` 1 1 city of Chaska Minnesota; one City Htil PIaZM 55316.1952 612. 448 -2851 Phone 612. 448.9300 FAX MAR-217.-9S TUE 1e :21 e r 1 1. 0 fl14 pT li March 22, 1993 1 . 1 Mr. Dcn Ashworth Mr. Dick Stoltz _ City Manager County Administrator II Chanhassen City Hall Carver County Courthouse P.O. Box 147 600 East Fourth Street Chanhassen, MN 55317 -0147 Chaska, MN 55318 II . Dear Don & Dick: 1 The purpose of my letter is to provide a general outline summarizing our understandings concerning implementation of Phase ' 1 of the Eastern Carver County Highway Construction Plan. In 1990 the cities of Chanhassen, Victoria, Chaska and Carver County jointly developed the Eastern Carver County Transportation Study. ' The study identified future traffic /highway needs based on 2005 development forecasts. The plan concluded that a number of major County highway improvements were necessary in Eastern Carver I County to meeting these future demands. The recommended 1993 -. 2002 program for Eastern Carver County was estimated to cost $50 million to implement. Recognizing that the full project could not be funded in the five II year planning period and, further, that even the minimum program cannot be funded 100% by Carver County's existing resources, the II cities of Chaska and Chanhassen along with Carver County have developed an alternative funding package and phasing strategies for implementing the key elements of the Eastern Carver County I highway needs. The first phase of the project would consist of the following improvements which are also shown on Map A: 1 v w , P1437 . CC :117Y ACA, PR:='S C^ .AA ' ..:; $::717v7 TAS :R.PTION CU: 1 �` E l • : I \ .. :V= .. 7C W :: Cver :Ay 4-0 t " : :.d.sra di5� , rYV ^, „AF ;G !: ;• 7: ::;r• i .A =ca L :v : :en /r.rA:. 1:.. 6.Q %C • . A : e• :CC .414,4*. L :v :Cud /LA - I CSA: 17 P :ri.A4 l :v: e4y t 4 1 10.4 q A ' v .. .c. tic-4. ' �S•3A, CSAr. :7 ?::h':AS 1:v: ' Y i- .e -eil ..404nitr.ti 5., 46•.0:,: GSA.•. �S G •vv AV r.:•.'• : Z..:�Q :: •:a "�� 51: r 9,.:: i4.. A:7.\ WA ;� \ GA.. •• %25. < :C :S :17 A�C::3 :\ / : ? ::\ =::1 Rb1 T LV \ 1 .:-.R: L:D.t•1 /::J :1 2 . 4 :: :SA . Y : t; live•r :4y and sh641aery �S' :,..: GSA i. EN: :_ %W 4 GP. 11 Ty uw v, 2 2 :AU: 4cLnt / :rel. S53'.ICC CSA- lw E`:: - yev 2 :2 i =x:,:E? •a:S:c s :q "a■ 4130.0 :: : SAL' A: a : :t `RA:' M:S'. :`�AN v ' C; '"L ?C Cvct :ay and iS6C ears S4C, : :C .SA .4 .0 :• 'v �k 2 a -ra 6rbaritra.. $1 1,6, =:C GSA `5 2.:7:3:N/CA :1 !'.r'Y Z:2 :0 ^ �� .5 -- ;a << :e stR "n 5130.C:•: c,/ �Y<it eo :0 I '. to A YVA. N A: V1 A: K Y 4: L ;Air sift-.A. i13 . TLIE 1 6 2 11 Financing for these improvements would be through a combination of County tax levy, State Aid allocation, City tax increment ' funds and other City resources. Under Minnesota statutes the local municipalities can use tax increment funds for roadway projects within the districts. In addition, the tax increment statute 469.175 authorizes the County to require the local ' authority to dedicate tax increments to pay for certain County road improvements. To begin to implement the initial phase of these highway ' improvements the cities of Chanhassen and Chaska along with Carver County agree in concept to an implementation and financing ' plan summarized by the following key elements: A. Carver County agrees to construct those roadways identified in Table A in the 1993-1995 timeframe. B. Carver County would contract with engineering consulting firms to prepare plans and specifications on these road projects with representatives of each of the three participating governmental entities serving on a • coordinating committee for the projects. ' C. The cities of Chaska and Chanhassen would assume responsibility for acquiring the necessary right -of -way for projects within their respective communities. For ' projects along the joint border between the two communities the cities would share equally the cost of total right -of -way acquisitions. ' D. Carver County would agree to contribute a total of $6,569,000 towards the projects which would be funded through the following allocations: County State Aid County Year Allocation Tax Levy Total 1993 -0- $ 959,000 $1,009,000 • 1994 $1,323,000 200,000 1,523,000 ' 1995 1,780,000 1996 475,000 1,127,000 2,907,000 655,000 1,130,000 E. The City of Chaska would agree to contribute 5400,000 per ' year of tax increment revenues from 1997 through 2001 towards financing of the project. The City of Chaska would agree to sell bonds in 1994 in order to make a cash ' payment to the County of approximately $1,516,000. Repayment of this debt would come from Chaska's 5400,000 annual commitment beginning in 1997. 1 1 f'1*..F : -2 -9 TUE 1 b :2G r . v•► F. Chanhassen would agree to contribute $1,000,000 of tax increment in 1993 and $400,000 annually of tax increment revenues beginning in 1996 through 1999. Chanhassen would agree to sell debt in order to make a payment of approximately $ in 1994 for construction of the roads. As with Chanhassen the debt would be repaid from its $400,000 annual tax increment contribution. G. Chanhassen would agree to an additional contribution of $1.8 million in the 2000 -2002 timeframe if they are not required by State statute to cancel their tax increment districts prior to that timeframe. If, though, the districts are cancelled Carver County would agree to contribute an additional tax levy of $1.8 million generated in the 2000-2002 timeframe. This additional County tax levy would result from new revenues accruing to the County as a result of the cancelling of the Chanhassen tax increment districts. It is understood that under this scenario a total of $12,969,000 ' would be available and could fund the construction of up to $10,7CO3000 of highway improvements in the '93-95 timeframe. Further, it is understood that the three parties would agree to ' execute a joint agreement outlining the details of these understandings along with specific contracts for joint participation in each of the individual County projects. , The efforts to date by each of the parties clearly exhibit the benefits of developing a cooperative attitudes among local government units. Hopefully, this draft accurately reflects the discussions we have had to date, and if you have any questions or comments pease feel free to contact me at your convenience. Sincerely, Dave Pokorney 111 City Administrator DP ;jai c: Charles LeFevere, Holmes & Graven, 470 Pillsbury Center, Mpls., MN 55402 MI NE — EN NS — MN MI MI INN 1— MI MI In - it r . • • •,• • _•R •;. .. is ;• l• .r- SJ;fs1 sl -� -- ,_ "..', ,, ,r• t. y 3 ` : /��/- i f .... • .i✓ ' "`rs- q ?_� •w • o • ,i • In 1111 i j : _ 1(3 ......_ • ' --. 1, f; -- * C; -\ \ . ii.::-: r: li O. •r r ~ � � � _ � ALTERNATIVE ONE rz:;.1. �. :!� ` • 1 y i _ ! ., lwrIussu. • • • •:z� 1993 - 1995 • r • ; ° o- '. t � --� L V 't' �� HIGHWAY IMPROVEMENT PROGRAM 16. - .�� FOR 1 ` ti r COUNTY HIGHWAY CORRIDORS Las • c 7 1 ; ...- •.; : rte r f J I"� ' - (� i e _ / CHANHASSEN AND CHASKA • • 4 - i -. / EAST OF TRUNK HIGHWAY 41 . 4 c 1sr. _ asm v / 1 . t CHASKA • • ii Ir If • . ' ' 1 • i1 -- � LEGEND .,.r *%•% . '. imaIBIallowilm ConstruellanPlacanstructIon Co i.. ■ ' l IN • Overlay a Shoulder Pavlov C°" N T!9 '. „ le f4 . . j � I /-----..._ � • ?ianle Stoma bs+aRsvd+ tom* N i_ C •. �i `... - *•• • • • • • Development Ofsikt Boundary ID 1 X 3 5 = ` " ' - - W S ` .... h • , J . - r % M - m M N I 001,1 4 *;t left! :r:=- h'�jt .I1!I iil14?k't iliittt�lif 10 011, li"'l'►1 1 ;} <: - '' �`' i9 - :: I. ; I..' a . E 1 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 1 //2 • 1 1 1 A bill for an act 1 2 relating to public financing for cleanup of polluted 3 lands and for manufacturing development; authorizing 4 manufacturing tax increment financing districts; 5 modifying the computation of original tax capacity; 6 imposing a state tax on contaminated properties; 7 establishing a grant program for cleanup of polluted 8 lands; allowing use of tax increments for 9 environmental insurance and indemnification; 10 authorizing the cities of Minnetonka and Hopkins to 11 establish a tax increment financing districts; 12 establishing a dedicated account; appropriating money; 13 amending Minnesota Statutes 1992, sections 273.11, 14 subdivision 1, and by adding a subdivision; 275.065, 15 subdivision 3; 276.04, subdivision 2; 469.174, 16 subdivisions 19 and 20; 469.176, subdivision 4e; 17 469.177, subdivision 1; proposing coding for new law 18 in Minnesota Statutes, chapters 116, 270, and 469. 19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 20 ARTICLE 1 1 21 CONTAMINATION TAX 22 Section 1. [270.91) (IMPOSITION; TAX RATE.) 1 23 A state tax is annually imposed on taxable real property in 24 this state equal to the following percentage of the 1 25 contamination value of the property: 26 (1) two percent for class 3 and 5 property under section 1 27 273.13; and 28 (2) one -half of the applicable class rate under section 29 273.13 for all other types of properties. 30 Sec. 2. (270.92) (DEFINITIONS.) 31 Subdivision 1. (SCOPE OF APPLICATION.) For purposes of 32 sections 1 to 8, the following terms have the meanings given. II 1 03/15/93 09:03 (RESDEPT ] FA JM8 -4 • 1 Subd. 2. (ASSESSMENT YEAR.] "Assessment year" means the 2 assessment year for pur of g ad valorem p ro p ert y 3 taxes. 4 Subd. 3. (CONTAMINANT.] "Contaminant" means a harmful 11 5 substance as defined in section 1158.25, subdivision 7a. 6 Subd. 4. (CONTAMINATED MARKET VALUE.] "Contaminated market ' 7 value" is the amount determined under section 3. 8 Subd. 5. (PRESENCE OF CONTAMINANTS.] "Presence of ' 9 contaminants on the property" includes the release or threatened 10 release, as defined in section 115E.02, subdivision 15, of 11 contaminants on the property. 12 Subd. 6. (RESPONSE ACTION PLAN.] "Response action plan" ' 13 means either a development action response plan, as defined in 14 section 469.174, subdivision 17, or a voluntary response action 15 plan under section 1158.175, subdivision 3 that has been 16 approved by the commissioner of the pollution control agency • 17 under section 1158.17. 18 Sec. 3. (270.93] (TAX BASE; CONTAMINATION VALUE.] 19 (a) The contamination value of a parcel of property is the ' 20 amount of the market value reduction, if any, that is granted 21 for general ad valorem property tax purposes for the assessment ' 22 year because of the presence of contaminants. These reductions 23 in market value include those granted by a court, by a board of ' 24 review, by the assessor upon petition or recuest of a property 25 owner, or by the assessor. Reductions granted by the assessor 26 are included only if the assessor reduced the property's market 27 value for the presence of contaminants using an appraisal method 28 or methods that are specifically designed or intended to adiust 29 for the valuation effects of the presence of contaminants. The 30 first $10,000 of a reduction for a parcel is excluded from 31 contamination value. 32 (b) Nothing in sections 1 to 8 shall be construed to affect ' 33 or change the manner or method that applies in valuing 34 properties under chapter 273 or otherwise for purposes of 35 imposing the general ad valorem property tax. 36 Sec. 4. (270.94] (EXEMPTION.] 2 1 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 (a) The tax im b secti 1 to 8 does n ot a pp l y to 2 the contamination value of a parcel of property attributable to 3 contaminants that were addressed by a response action plan for 4 the property, if the commissioner of the pollution control 5 agency has certified that all the requirements of the plan have 6 been satisfied. This exemption applies beginning for the first II 7 assessment year after the commissioner of the pollution control 8 a -enc certifies that the res - -nse action -lan has been 1 9 completed. 10 (b) To qualify under this section, the property owner must 1 11 provide the assessor with a copy of the certification by the 12 commissioner of the pollution control agency of the completion ' 13 of the response action plan. 14 Sec. 5. (270.95) (PAYMENT; ADMINISTRATION.) 15 The tax imposed under sections 1 to 8 is payable at the 16 same time and manner as the regular ad valorem property tax. 17 The tax is subject to the penalty, interest, lien, forfeiture, 18 and any other rules for collection of the regular ad valorem 19 property tax. If a reduction in market value that creates 20 contamination value is granted after the ad valorem property tax 21 has been paid, the contamination tax must be subtracted from the •• , 22 amount to be refunded to the property owner. 23 Sec. 6. (270.96) (DUTIES.) , 24 Subdivision 1. (ASSESSORS.) Each assessor shall notify the 25 county auditor of the contamination value for each parcel of 1 26 property within the assessor's jurisdiction. The assessor shall 27 provide notice of the contamination value to the property owner 28 by the later of (1) June 1 of the assessment year or (2) 30 days 29 after the reduction in market value is finally granted. 30 Subd. 2. (AUDITOR.] The county auditor shall prepare a 31 list of the contamination values for all property located in the 32 county. The commissioner shall prescribe the form of the 33 listing. The auditor shall include the amount of the state 34 contamination tax on the contamination value for the assessment 35 year on the regular ad valorem property tax statement under 36 section 276.04. 3 ' 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 Subd. 3. (TREASURER.) The county treasurer shall pay the 2 proceeds of the tax, less the amount retained by the county for 3 the cost of administration under section 8, to the commissioner 11 4 at the same times and in the same manner provided for the ad 5 valorem property tax settlements. 6 Subd. 4. [COURT ORDERED REDUCTIONS IN VALUE.] If a court 7 orders a reduction in market value for purposes of the ad 8 valorem property tax because of the presence of contaminants on 9 the property, the court shall include in its order an offset for 10 payment of the state tax on contaminated value under sections 1 11 to 8. 12 Sec. 7. (270.97) [DEPOSIT OF REVENUES.] 13 The commissioner shall deposit all revenues derived from 14 the tax, interest, and penalties re ^eived from the county in the ' 15 contaminated site cleanup and development account in the general 16 fund. 17 Sec. 8. (270.98) [LOCAL ADMINISTRATIVE COSTS.] 18 The county shall retain five percent of the total revenues 1 19 derived from the tax, including interest and penalties, as 20 compensation for administering the tax. The county board may 21 reimburse municipalities for the services provided by assessors 22 employed by the municipality in administering sections 1 to 12. 23 Sec. 9. Minnesota Statutes 1992, section 273.11, ' 24 subdivision 1, is amended to read: 25 Subdivision 1. [GENERALLY.] Except as provided in ' 26 snbdivisiene- 6y-8T-9y -897- and -i4 this section or section 273.17, 27 subdivision 1, all property shall be valued at its market ' 28 value. The market value as determined pursuant to this section 29 shall be stated such that any amount under 8100 is rounded up to 30 5100 and any amount exceeding 8100 shall be rounded to the 31 nearest 5100. In estimating and determining such value, the ' 32 assessor shall not adopt a lower or different standard of value 33 because the same is to serve as a basis of taxation, nor shall II . 34 the assessor adopt as a criterion of value the price for which 35 such property would sell at a forced sale, or in the aggregate 36 with all the property in the town or district; but the assessor 4 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 shall value each article or description of property by itself, 2 and at such sum or price as the assessor believes the same to be 3 fairly worth in money. The assessor shall take into account the 4 effect on the market value of property of environmental factors 5 in the vicinity of the property. In assessing any tract or lot 6 of real property, the value of the land, exclusive of structures 7 and improvements, shall be determined, and also the value of all 8 structures and improvements thereon, and the aggregate value of 1 9 the property, including all structures and improvements, 10 excluding the value of crops growing upon cultivated land. In ' 11 valuing real property upon which there is a mine or quarry, it 12 shall be valued at such price as such property, including the 1 13 mine or quarry, would sell for a fair, voluntary sale, for 14 cash. In valuing real property which is vacant, platted 15 property shall be assessed as provided in subdivision 14. A11 16 property, or the use thereof, which is taxable under section 17 272.01, subdivision 2, or 273.19, shall be valued at the market 18 value of such property and not at the value of a leasehold 19 estate in such property, or at some lesser value than its market 20 value. 21 Sec. 10. Minnesota Statutes 1992, section 273.11, is 1 22 amended by adding a subdivision to read: 23 Subd. 15. (VALUATION OF CONTAMINATED PROPERTIES.) (a) In 1 24 determining the market value of property containing 25 contaminants, the assessor may not consider the effect of the ' 26 presence or possible presence of contaminants on the property's 27 market value, unless one of the following has occurred: 1 28 (1) there is a development response action plan for the 29 property that has been approved by the commissioner of the 1 30 pollution control agency; 31 (2) the property has been listed by the pollution control 32 agency on the permanent list of priorities under the 33 environmental response, compensation, and compliance account 34 established by section 1153.20; or 35 (3) the contaminants are asbestos and the property owner 36 has in place an abatement plan for enclosure, removal or 5 I 03/15/93 09:03 (RESDEPT ) FA JM8 -4 II 1 encapsulation of the asbestos. To qualify under this clause the 2 property owner must either have entered into a binding contract II 3 with a licensed contractor for completion of the work or have 4 obtained a license from the commissioner of health and begun the II 5 work. The abatement plan must provide for completion of the 6 work within a reasonable time period, as determined by the 7 assessor. II 8 (b) To qualif finder paragraph (a), the property ow must 9 provide the assessor with a copy of (1) the approved response II 10 action plan, (2) documents establishing that the property has 11 been included on the list of priorities under the environmental 11 12 response, compensation, and compliance account, or (3) a copy of 13 the asbestos abatement plan and contract for completion of the II 14 work or the owner's license to perform the work. 15 (c) For purposes of this subdivision, "contaminants" and 1 16 "response action plan" have the meanings given in section 2. 17 Sec. 11. Minnesota Statutes 1992, section 275.065, II 18 subdivision 3, is amended to read: 19 Subd. 3. (NOTICE OF PROPOSED PROPERTY TAXES.) (a) The II 20 county auditor shall prepare and the county treasurer shall 21 deliver after November 10 and on or before November 24 each 22 year, by first class mail to each taxpayer at the address listed II 23 on the county's current year's assessment roll, a notice of 24 proposed property taxes and, in the case of a town, final 1 25 property taxes. 26 (b) The commissioner of revenue shall prescribe the for of II 27 the notice. 28 (c) The notice must inform taxpayers that it contains.the II 29 amount of property taxes each taxing authority other than a town 30 proposes to collect for taxes payable the following year and, II 31 for a town, the amount of its final levy. It must clearly state 32 that each taxing authority, other than a town or special taxing II 33 district, will hold a public meeting to receive public testimony 34 on the proposed budget and proposed or final property tax levy, II 35 or, in case of a school district, on the current budget and 36 proposed property tax levy. It must clearly state the time and . II 6 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 1 place of each taxing authority's meeting and an address where 2 comments will be received by mail. 3 (d) The notice must state for each parcel: 4 (1) the market value of the property as defined under 1 5 section 272.03, subdivision 8, for property taxes payable in the 6 following year and for taxes payable the current year; and, in , 7 the case of residential property, whether the property is 8 classified as homestead or nonhomestead. The notice must 9 clearly inform taxpayers of the years to which the market values 10 apply and that the values are final values; 11 (2) by county, city or town, school district, the sum of 12 the special taxing districts, and as a total of the taxing 13 authorities, including special taxing districts, the proposed 14 or, for a town, final net tax on the property for taxes payable 15 the following year and the.actual tax for taxes payable the 1 16 current year. In the case of a parcel where tax increment or 17 the fiscal disparities areawide tax applies, the proposed tax 1 18 levy on the captured value or the proposed tax levy on the tax 19 capacity subject to the areawide tax must each be stated 1 20 separately and not included in the sum of the special taxing 21 districts; and 22 (3) the increase or decrease in the amounts in clause (2) 23 from taxes payable in the current year to proposed or, for a 24 town, final taxes payable the following year, expressed as a 25 dollar amount and as a percentage. 26 (e) The notice must clearly state that the proposed or 27 final taxes do not include the following: 28 (1) special assessments; I/ 29 (2) levies approved by the voters after the date the 30 proposed taxes are certified, including bond referenda, school 31 district levy referenda, and levy limit increase referenda; 32 (3) amounts necessary to pay cleanup or other costs due to , 33 a natural disaster occurring after the date the proposed taxes 34 are certified; 1 35 (4) amounts necessary to pay tort judgments against the 36 taxing authority that become final after the date the proposed 1 7 '03/15/93 09:03 (RESDEPT 3 FA JM8 -4 1 taxes are certified; and' 2 (5) any additional amount levied in lieu of a local sales 3 and ese tax, unless this amount is included in the proposed or 4 final taxes; and 5 (6) the contamination tax imposed on properties which ' 6 received market value reductions for contamination. 7 (f) Except as provided in subdivision 7, failure of the ' 8 county auditor to prepare or the county treasurer to deliver the 9 notice as required in this section does ›m invalidate the 1 10 proposed or final tax levy or the taxes payable pursuant to the 11 tax levy. - 12 (g) If the notice the taxpayer receives under this section 13 lists the property as nonhomestead and the homeowner provides 14 satisfactory documentation to the county assessor that the 15 property is owned and has been used as the owner's homestead 16 prior to June 1 of that year, the assessor shall reclassify the 17 property to homestead for taxes payable in the following year. 18 (h) In the case of class 4 residential property used as a 19 residence for lease or rental periods of 30 days or more, the . 20 taxpayer must either: 1 21 (1) mail or deliver a copy of the notice of proposed 22 property taxes to each tenant, renter, or lessee; or 23 (3) post a copy of the notice in a conspicuous place on the 24 premises of the property. 25 The notice must be mailed or posted by the taxpayer by 26 November 27 or within three days of receipt of the notice, 27 whichever is later. A taxpayer may notify the county treasurer 28 of the address of the taxpayer, agent, caretaker, or manager of 29 the premises to which the notice must be mailed in order to 30 fulfill the requirements of this paragraph. 31 Sec. 12. Minnesota Statutes 1992, section 276.04, 32 subdivision 2, is amended to read: 33 Subd. 2. (CONTENTS OF TAX STATEMENTS.) (a) The treasurer 34 shall provide for the printing of the tax statements. The 35 commissioner of revenue shall prescribe the for of the property 36 tax statement and its contents. The statement must contain a 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 1 tabulated statement of the dollar amount due to each taxing 11 2 authority from the parcel of real property for which a 3 particular tax statement is prepared. The dollar amounts due 4 the county, township or municipality and school district must be 5 separately stated. The amounts due other taxing districts, if 6 any, may be aggregated. The amount of the state tax on 1 7 contamination value imposed under sections 270.91 to 270.98, if 8 any, must also be separately stated. The dollar amounts, 1 9 including the dollar amount of any special assessments, may be 10 rounded to the nearest even whole dollar. For purposes of this 1 11 section whole odd - numbered dollars may be adjusted to the next 12 higher even - numbered dollar. The statement shall include the 13 following sentence, printed in upper case letters in boldface 14 print: "TEE STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY 15 TAX REVENUES. THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX 16 BY PAYING CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF 17 GOVERNMENT." 16 (b) The property tax statements for manufactured homes and 19 sectional structures taxed as personal property shall contain 1 20 the same information that is required on the tax statements for 21 real property. 1 22 (c) Real and personal property tax statements must contain 23 the following information in the order given in this paragraph. 1 24 The information must contain the current year tax information in 25 the right column with the corresponding information for the 1 26 previous year in a column on the left: 27 (1) the property's estimated market value as defined in 28 section 272.03, subdivision 8; 29 (2) the property's gross tax, calculated by multiplying the 30 property's gross tax capacity times the total local tax rate and 31 adding to the result the sum of the aids enumerated in clause 11 32 (3); 33 (3) a total of the following aids: 34 (i) education aids payable under chapters 124 and 124A; 35 (ii) local government aids for cities, towns, and counties 36 under chapter 477A; C d 1 9 1 03/15/93 09:03 (RESDEPT 3 FA JM8 -4 II 1 (iii) disparity reduction aid under section 273.1398; 2 (4) for homestead residential and agricultural properties, 11 3 the homestead and agricultural credit aid apportioned to the 4 property. This amount is obtained by multiplying the total 1 5 local tax rate by the difference between the property's gross 6 and net tax capacities under section 273.13. This amount must 7 be separately stated and identified as "homestead and I 8 agricultural credit." For purposes of comparison with the 9 previous year's amount for the statement for taxes payable in II 10 1990, the statement must show the homestead credit for taxes 11 payable in 1989 under section 273.13, and the agricultural II 12 credit under section 273.132 for taxes payable in 1989; 13 (5) any credits received under sections 273.119; 273.123; II 14 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 15 4735.10, except that the amount of credit received under section 16 273.135 must be separately stated and identified as "taconite 17 tax relief "; II 18 (6) the net tax payable in the manner required in paragraph 19 (a); and 1 20 (7) any additional amount of tax authorized under sections 21 124A.03, subdivision 2a, and 275.61. These amounts shall be 22 listed as "voter approved referenda levies." II 23 The commissioner of revenue shall certify to the county 24 auditor the actual or estimated aids enumerated in clauses (3) II 25 and (4) that local governments will receive in the following 26 year. In the case of a county containing a city of the first II 27 class, for taxes levied in 1991, and for all counties for taxes 28 levied in 1992 and thereafter, the commissioner must certify II 29 this amount by September 1. 30 Sec. 13. (EFFECTIVE DATE.) 11 31 Sections 1 to 12 are effective beginning with taxes 32 assessed in 1994, payable in 1995 and apply to reductions in II 33 market value in effect for the year regardless of when they were 34 granted. II 35 ARTICLE 2 36 CONTAMINATION CLEANUP GRANTS II 10 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 1 Section 1. (116.401] (CREATION OF ACCOUNT.] 2 A contaminated site cleanup and development account is 1 3 created in the general fund. Money in the account may be used, 4 as a-- ro- riated b law, to make •rants as - rovided in section 4 1 5 and to pay for the commissioner's costs in reviewing 6 applications and making grants. 1 7 Sec. 2. (116.402] (DEFINITIONS.) 8 Subdivision 1. (SCOPE OF APPLICATION.) For purposes of 9 sections 1 to 8 the followin- terms have the meanin•s -iven. 10 Subd. 2. (AGENCY.) "Agency" is the Minnesota pollution 11 control agency. 12 Subd. 3. (CLEANUP COSTS.) "Cleanup costs" or "costs" mean 13 the cost of "removal," "remedy," or "remedial action" as those 14 terms are defined in section 1158.02; environmental audits; 15 pollution tests; preparation and implementation of response 16 action plans; and administrative, Yeaat, and professional fees 17 reasonably related to the prevention, containment, or cleanup of 18 contamination. • 19 Subd. 4. (COMMISSIONER.] "Commissioner" is the 1 20 commissioner of the pollution control agency. 21 Subd. 5. (CONTAMINANT.] "Contaminant" means a harmful 1 22 substance as defined in section 1153.25, subdivision 7a. 23 Subd. 6. (DEVELOPMENT AUTHORITY.] "Development authority" 24 includes a statutory or home rule charter city, housing and 25 redevelopment authority, economic development authority, and a 26 port authority. 27 Subd. 7. (METROPOLITAN AREA.] "Metropolitan area" means 28 the seven county metropolitan area, as defined in section 29 473.121, subdivision 2. 30 Subd. 8. (MUNICIPALITY.) "Municipality" means the 1 31 statutory or home rule charter city, town, or, in the case of 32 unorganized territory, the county in which the site is located. 1 33 Subd. 9. (RESPONSE ACTION PLAN.] "Response action plan" 34 means either a "development action response plan" that meets the 1 35 requirements of section 469.174, subdivision 17, or a "voluntary 36 response action plan" under section 1158.175, subdivision 3 that 1 11 1 II 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 1 has been approved by the commissioner under section 1158.17, 2 subdivision 14. 3 Sec. 3. (116.403) (GRANT APPLICATIONS.) 1 4 Subdivision 1. (APPLICATION REQUIRED.] To obtain a 5 contamination cleanu- develo -.ent -rant, the develo —ent II 6 authorit shall a - -1 to the commissioner. The - overnin- bod 7 of the municipalit must a pprove, b resolution the a II 8 Subd. 2. [REQUIRED CONTENT.] The commissioner shall 9 prescribe and provide the application form. The application II 10 must include at least the following information: 11 (1) identification of the site; II 12 (2) the proposed or approved response action plan for the 13 site; 14 (3) the results of engineering and other tests showing the I 15 nature and extent of the ..lease of contaminants on site or the 16 threatened release of contaminants on to the site; II 17 (4) a detailed estimate, along with necessary supporting 18 evidence, of the total cleanup costs for the site; II 19 (5) an appraisal of the current market value of the 20 property, separately taking into account the effect of the 1 21 contaminants on the market value, prepared by a qualified • 22 independent appraiser using accepted appraisal methodology; II 23 (6) an assessment of the immediate or long term potential 24 hazard to the public health and safety resulting from a failure II 25 to implement the response action plan; 26 (7) an assessment of the development potential or likely 1 27 use of the site after completion of the response action plan, 28 including any specific commitments from third parties to 1 29 construct improvements on the site; 30 (8) the manner in which the municipality will meet the II 31 local match requirement; and • 32 (9) any additional information or material that the 33 commissioner prescribes. 1 34 Sec. 4. (116.404] (GRANTS.] 35 Subdivision 1. (AUTHORITY.) The agency may make a grant to II 36 an applicant development authority to pay for up to one -half of II 12 03/15/93 09:03 [RESDEPT ) FA JM8 -4 1 the cleanup costs for a qualifying site. The determination of 2 whether to make a grant for a qualifying site is within the sole 3 discretion of the a -enc , sub'ect to the -recess - rovided b 4 this section and available unencumbered money in the 5 a-- ro- riation. The a -enc 's decisions and -- lication of the 6 priorities under section 5 are not subject to judicial review, 7 except for abuse of discretion. y�` 8 Subd. 2. (QUALIFYING SITES.] A site qualifies for a grant 9 under this section, if the following criteria are met: , 10 (1) the site is not scheduled for funding under the 11 Environmental Response, Compensation, and Liability Act of 1988, 1 12 United States Code, title 42, section 9601, et seq.; the 13 environmental response, compensation, and compliance account 1 14 under section 1158.20; the petroleum tank release cleanup act 15 under chapter 115C; the leaking underground storage tank trust 1 16 fund under United States Code, title 42, section 6691b; or 17 another state or federal funding source; 18 (2) the appraised value of the site after adjusting for the 19 effect on the value of the presence or possible presence of 20 contaminants using accepted appraisal methodology is less than 21 one - quarter of the estimated cleanup costs for the site; and 22 (3) if the proposed cleanup is completed; it is expected 23 that the site will be improved with buildings or other 24 improvements and these improvements will provide a substantial 1 25 increase in the property tax base within a reasonable period of 26 time or the site will be used for an important publicly owned or 27 tax exempt facility. 28 Sec. 5. [116.405] (PRIORITIES.) 1 29 Subdivision 1. (PRIORITIES.] (a) The legislature expects 30 that applications for grants will exceed the available , 31 appropriations and the agency will be able to provide grants to 32 only some of the applicant development authorities. 33 (b) If applications for grants for qualified sites exceed 34 the available appropriations, the agency shall make grants for 35 sites, that in the agency's judgment, provide the highest return 36 in public benefits for the public costs incurred and that meet 13 i 03/15/93 09:03 (RESDEPT ) FA JMB -4 1 all the requirements provided by law. In making this judgment, 2 the agency shall consider the following factors: 3 (1) the potential threat to public health and safety that 4 would be reduced or eliminated by completion of the proposed 5 response action plan; 6 (2) the potential increase in the property_ tax base of the 7 local taxing jurisdictions, considered relative to the fiscal 8 needs of the iurisdictions, that will result from developments 9 that will occur because of completion of the response action 10 plan; 11 (3) the social value to the community of the cleanup and 1 12 redevelopment of the site, including the importance of • 13 development of the proposed public facilities on the site; 14 (4) the probability that the site will be cleaned up 15 without use of government money in the reasonably foreseeable 16 future; 17 (5) the amount of cleanup costs for the site; and 18 (6) the amount of the commitment of municipal or other 19 local resources to pay for the cleanup costs. 20 The factors are not listed in a rank order of priority; I/ 21 rather the agency may weigh each factor, depending upon the 22 facts and circumstances, as the agency considers appropriate. 23 The agency may consider other factors that affect the net return 24 of public benefits for completion of the response action plan. 25 The agency, notwithstanding the listing of priorities and the 26 goal of maximizing the return of public benefits, shall make 27 grants that distribute available moneys to sites both within and 28 outside of the metropolitan area. Unless sufficient 29 applications are not received for qualifying sites outside of 30 the metropolitan area, at least, .. percent of the grants must 31 be made for sites located outside of the metropolitan area. 32 Subd. 2. (PROCESS; LEGISLATIVE COMMISSION.) In making 33 grants, the commissioner shall establish regular application II 34 deadlines in which grants will be authorized from all or part of 35 the available appropriations of money in the account. Within 90 36 days after the application deadline, the commissioner shall 14 03/15/93 09:03 (RESDEPT ) FA 3M8 -4 , 1 submit to the legislative commission on waste management the 2 proposed grants, including the applications and any appropriate 3 supporting information, for review and comment. The commission 4 shall forward any comments on the proposed grants within 60 1 5 da s. The a -enc after considerin- the commission's comments 6 shall make grants within 30 days for the application cycle. 1 7 Sec. 6. (116.406] (LOCAL MATCH REQUIREMENT.] 8 (a) In order to qualify for a grant under sections 1 to 8, 1 9 the municipality must pay for at least one -half of the cleanup 10 costs as a local match. At least one -half of this local match' 11 must be paid from the municipality's general fund, a property 12 tax levy for that purpose, or other unrestricted money available 13 to the municipality (excluding tax increments). The rest of the 14 local match may be paid with tax increments or any other money 15 available to the municipality. 16 (b) If the development authority establishes a tax 17 increment financing district or hazardous substance subdistrict # 18 on the site to pay for up to one -half of the local match 19 recuirement, the district or subdistrict is not subject to the 1 20 state aid reductions under section 273.1399. In order to 21 qualify for the exemption from the state aid reductions, the 1 22 municipality must elect, by resolution, on or before the request 23 for certification is filed that all tax increments from the 1 24 district or subdistrict will be used exclusively to pay (1) for 25 response costs for the site and (2) administrative costs for the 26 district or subdistrict. The district or subdistrict must be 27 decertified when an amount of tax increments equal to no more 28 than one - quarter of the response costs for the site and the 29 administrative costs for the district or subdistrict have been 30 received. 31 Sec. 7. (116.407] (LIABILITY OR RESPONSIBLE PARTIES.) 32 Subdivision 1. (LIABILITY OF RESPONSIBLE PARTIES.] Nothing 1 33 in sections 1 to 8 limits the authority of the municipality, the 34 agency, the attorney general, and other appropriate state or 1 35 federal environmental regulators or authorized persons to 36 enforce state and federal environmental laws against responsible 1 15 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 persons and nothing in sections 1 to 8 reduces or eliminates the 2 liabilit of res- onsible - ersons under cha -ter 1158. The 3 municipality shall exercise all reasonable efforts to recover 4 amounts due from responsible persons. 5 Subd. 2. [DISPOSITION OF RECOVERED AMOUNTS.] Amounts 6 recovered from responsible persons, net of the cost of recovery, 7 and all other amounts otherwise received by the municipality, 8 the agency, or the attorney general for the site shall be used 9 to reimburse the munici -alit and the account in - ro- -rtion to 10 their respective payments for response costs. If tax increments 11 were used to pay part of the cost, the municipality shall 12 apportion its share of the amount recovered from responsible 13 persons to tax increments and to other sources of municipal 14 money relative to the respective amounts spent for response 15 costs for the site. The amount apportioned to tax increments 16 must be treated by the municipality and development authority as 17 an excess increment under section 469.176, subdivision 2. 18 Sec. 8. (116.408] (RULE MAKING AUTHORITY.] 19 The agency may make administrative rules under the 20 administrative procedures act, chapter 14, to implement the { 21 provisions of sections 1 to 8. { 22 Sec. 9. (APPROPRIATION.] 0 23 $ is appropriated to the pollution control agency 24 from the contaminated site cleanup and development account in l 25 the general fund to make grants under sections 1 to 8 and to pay 26 for the costs of administering the grant program under sections 27 1 to 8. This appropriation is for fiscal year 1995 and remains 28 available and does not cancel. 29 ARTICLE 3 30 TAX INCREMENT FINANCING 31 Section 1. Minnesota Statutes 1992, section 469.174, 32 subdivision 19, is amended to read: 33 Subd. 19. (SOILS CONDITION DISTRICTS.] (a) "Soils 34 condition district" means a type of tax increment financing 35 district consisting of a project, or portions of a project, 6 36 within which the authority finds by resolution that the 16 •,m0 1.81 J in 1 district and the development authority, by resolution, elects to 2 have the provisions of this section apply. The election must be 3 made on or before the first request for certification of the 4 district is made. The election is irrevocable. 5 Subd. 3. (EXEMPTION.) Section 273.1399 does not apply to a 6 district established under this section. 7 Subd. 4. (EDUCATION AID REDUCTION.] For each school 8 district in which a manufacturing district is located, the 9 commissioner of education shall estimate the increase in state 10 education aid resulting from the use of tax increment financing 11 in the manufacturing district on an annual basis. The 12 commissioner shall reduce the amount of state education aid to 13 be paid to the school district by the amount of the estimate. 14 Subd. 5. (APPROVAL.) The authority may not use tax 15 increment financing in a manufacturing district until the tax 16 increment financing plan is approved by the county and the 17 school district in which the manufacturing district is proposed 18 to be located. Modification of a tax increment financing plan 19 must also be approved by the county and school district. 20 Subd. 6. (POOLING PROHIBITED.] Except for costs incurred 21 under section 469.176, subdivision 4h, or for other . 22 administrative expenses, all revenue derived from tax increments 23 paid by properties in a manufacturing district must be spent on I 24 activities in the district or to pay bonds, to the extent that 25 the proceeds of the bonds were used to finance activities in the 26 district. 27 Sec. 5. [469.1765] [GUARANTY FUND.] 28 Subdivision 1. (AUTHORITY TO ESTABLISH.] An authority may 29 establish and maintain a guaranty fund or funds. Money in the 30 guaranty fund is available, under the terms and conditions that 31 the development authority establishes, to indemnify or hold I 32 harmless a person from liability for remediation costs under a 33 state or federal environmental law, regulation, ruling, order or 34 decision. 35 Subd. 2. (ELIGIBLE PERSON.] The authority may agree to 36 pledoe money in the guaranty fund to indemnify a person whose 19 1 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 liabilit arises out of use ownershi -, occu -anc or financin- 2 of a property in the subdistrict r district. 3 Subd. 3. (TERMS OF INDEMNIT'.) The authority shall 4 determine by resolution or by agreement with the person the 5 terms and conditions under which money in the guaranty fund will 6 be used to indemnify or hold harmless the person. The authority 7 ma not a -ree to indemnif a -erson from liabilit for 8 contamination caused by the person. The maximum amount that may 9 be -aid from the - uarant fund with res -ect to •ro- rties within 10 a subdistrict or district is one -half of the remediation and 11 removal costs. The maximum duration of an indemnification 12 agreement is .. years. An indemnification agreement is subject 13 to any other restrictions provided by this section or other law. 14 Subd. 4. (FUNDING.) (a) Revenues derived from tax 15 increments and any other money available to the authority may be 16 deposited in th g uarant y fund. Th mun icipality may 17 appropriate money to the authority to be deposited in the 18 guaranty fund. 19 (b) If a guaranty fund is established that applies to 20 property located in more than one tax increment financing 21 district or subdistrict, the authority shall establish separate • 22 accounts for each subdistrict and district. The authority shall 23 deposit all revenues derived from tax increments from a 24 subdistrict or district in the account for that subdistrict or - 25 district, except the following amounts may be deposited in a 1 26 general or other account: (1) the portion of revenue derived 27 increments from a district, subject to section 469.1763, that 28 may be spent on activities outside of the district or (2) uD to 29 25 percent of the revenues derived from increments from 30 districts that are not subject to section 469.1763 and which may 31 be deposited in the guaranty fund under the applicable tax 32 increment financing plans. Investment earnings of money in an 33 account must be credited to that account. 34 (c) The only money which may be pledged to indemnify or 1 35 hold harmless a person from liability are amounts either in the 36 account for the subdistrict or district in which the property 20 1 - 03/15/93 09:03 (RESJEPT J FA JM8 -4 1 out of which the liability arose is located or in an account not 2 dedicated to a specific subdistrict or district. 1 3 Subd. 5. [LIABILITY LIMITED.) The authority and 4 municipality is liable under a guaranty fund agreement only to 5 the extent funds are available in the guaranty fund account or 6 accounts available for the property. 7 Subd. 6. [DEPOSITORY.) The authority shall provide for the 8 guaranty fund to be held by or maintained with a financial 9 institution or cor• -rate fiduciar eli -ible for the de -osit of 10 public money or eligible to act as a trustee or fiduciary for 11 obligations issued under chapter 475. 1 12 Subd. 7. [FINAL DISPOSITION OF FUNDS.) At the end of the 13 period of the indemnification, all unencumbered money in the 1 14 guaranty fund for the subdistrict or district must be treated as 15 an excess increment and distributed under the provisions of 1 16 section 469.176, subdivision 2(a)(4). If the municipality 17 contributed money to the account, other than revenues derived 18 from increments, the authority may deduct and pay to the 19 municipality a proportionate share of the unencumbered money in 20 the account before the money is distributed as an excess • 21 increment. The proportionate share is determined based on the 22 amount of contributions of non - increments to the account 23 relative to total contributions, including increments, to the 24 account. 25 Sec. 6. Minnesota Statutes 1992, section 469.177, 26 subdivision 1, is amended to read: ' 27 Subdivision 1. [ORIGINAL NET TAX CAPACITY.) (a) Upon or 28 after adoption of a tax increment financing plan, the auditor of 1 29 any county in which the district is situated shall, upon request 30 of the authority, certify the original net tax capacity of the 1 31 tax increment financing district as described in the tax 32 increment financing plan and shall certify in each year 1 33 thereafter the amount by which the original net tax capacity has 34 increased or decreased as a result of a change in tax exempt 35 status of property within the district, reduction or enlargement 36 of the district or changes pursuant to subdivision 4. 21 • 03/15/93 09:03 (RESDEPT 3 FA JM8-4 1 (b) In the case of a mined underground space development 2 district the county auditor shall certify the original net tax • 3 capacity as zero, plus the net tax capacity, if any, previously 4 assigned to any subsurface area included in the mined 5 underground space development district pursuant to section 6 272.04. 7 (c) For districts approved under section 469.175, 8 subdivision 3, or parcels added to existing districts after May 9 1, 1988, if the classification under section 273.13 of property 10 located in a district changes to a classification that has a 11 different assessment ratio, the original net tax capacity of 12 that property must be redetermined at the time when its use is 1 13 changed as if the property had originally been classified in the 14 same class in which it is classified after its use is changed. 15 (d) The amount to be added to the original net tax capacity 16 of the district as a result of previously tax exempt real 17 property within the district becoming taxable equals the net tax 18 capacity of the real property as most recently assessed pursuant 1 19 to section 273.18 or, if that assessment was made more than one 20 year prior to the date of title transfer rendering the property ' 21 taxable, the net tax capacity assessed by the assessor at the 22 time of the transfer. If substantial taxable improvements were 23 made to a parcel after certification of the district and if the 24 property later becomes tax exempt, in whole or part, as a result 25 of the authority acquiring the property through foreclosure or 26 exercise of remedies under a lease or other revenue agreement or 27 as a result of tax forfeiture, the amount to be added to the 28 original net tax capacity of the district as a result of the 29 property again becoming taxable is the amount of the parcel's 30 value that was included in original net tax capacity when the 31 parcel was first certified. The amount to be added to the 32 original net tax capacity of the district as a result of 33 enlargements equals the net tax capacity of the added real 1 34 property as most recently certified by the commissioner of 35 revenue as of the date of modification of the tax increment 36 financing plan pursuant to section 469.175, subdivision 4. 22 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 (e) For districts approved under section 469.175, 2 subdivision 3, or parcels added to existing districts after May 1 3 1, 1988, if the net tax capacity of a property increases because 4 the property no longer qualifies under the Minnesota 1 5 agricultural property tax law, section 273.111; the Minnesota 6 open space property tax law, section 273.112; or the 7 metropolitan agricultural preserves act, chapter 473H, or 8 because platted, unimproved property is improved or three years 9 pass after approval of the plat under section 273.11, 10 subdivision 1, the increase in net tax capacity must be added to 11 the original net tax capacity. 1 12 (f) Each year the auditor shall also add to the original 13 net tax capacity of each economic development district an amount 1 14 equal to the original net tax capacity for the preceding year 15 multiplied by the average percentage increase in the market 1 16 value of all property included in the economic development 17 district during the five years prior to certification of the 1 18 district. • 19 (g) The amount to be subtracted from the original net tax 20 capacity of the district as a result of previously taxable real 21 property within the district becoming tax exempt, or a reduction 22 in the geographic area of the district, shall be the amount of 23 original net tax capacity initially attributed to the property 24 becoming tax exempt or being removed from the district. If the 25 net tax capacity of property located within the tax increment 26 financing district is reduced by reason of a court- ordered t 27 abatement, stipulation agreement, voluntary abatement made by 28 the assessor or auditor or by order of the commissioner of 1 29 revenue, the reduction shall be applied to the original net tax 30 capacity of the district when the property upon which the 1 31 abatement is made has not been improved since the date of 32 certification of the district and to the captured net tax 1 33 capacity of the district in each year thereafter when the 34 abatement relates to improvements made after the date of 1 35 certification. The county auditor may specify reasonable form 36 and content of the request for certification of the authority 23 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 1 and any modification thereof pursuant to section 469.175, 2 subdivision 4. 3 (h) If a parcel of property contained a substandard 4 building that was demolished or removed and if the authority 1 5 elects to treat the parcel as occupied by a substandard building 6 under section 469.174, subdivision 10, paragraph (b), the 7 auditor shall certify the original net tax capacity of the ' 8 parcel using the greater of (1) the current net tax capacity of 9 the parcel, or (2) the estimated market value of the parcel for - ' 10 the year in which the building was demolished or removed, but 11 applying the class rates for the current year. 11 12 Sec. 7. Minnesota Statutes 1992, section 469.177, 13 subdivision 8, is amended to read: 14 Subd. 8. (ASSESSMENT AGREEMENTS.] An authority may enter 15 into a written assessment agreement with any person establishing • 16 a minimum market value of land, existing improvements, or 17 improvements to be constructed in a district, if the property is 18 owned or will be owned by the person. The minimum market value 19 established by an assessment agreement may be fixed, or increase ' 20 or decrease in later years from the initial minimum market 21 value. If an agreement is fully executed before July 1 of an 22 assessment year, the market value established by the agreement 23 must be used by the county or local assessor as the taxable 24 market value of the property for that assessment. Agreements 25 executed on or after July 1 of an assessment year become 26 effective for assessment purposes in the following assessment 27 veer. An assessment agreement terminates on the earliest of the 28 date on which conditions in the assessment agreement for 29 termination are satisfied, the termination date specified in the 30 agreement, or the date when tax increment is no longer paid to 31 the authority under section 469.176, subdivision 1. The 32 assessment agreement shall be presented to the county assessor, ' 33 or city assessor having the powers of the county assessor, of 34 the jurisdiction in which the tax increment financing district 35 and the property that is the subject of the agreement is 36 located. The assessor shall review the plans and specifications 1 24 03/15/93 09:03 (RESDEPT ) FA JM8 -4 1 for the improvements to be constructed, review the market value 2 previously assigned to the land upon which the improvements are 3 to be constructed and, so long as the minimum market value 4 contained in the assessment agreement appears, in the judgment 5 of the assessor, to be a reasonable estimate, shall execute the 6 following certification upon the agreement: 7 The undersigned assessor, being legally responsible 8 for the assessment of the above described property, 1 9 certifies that the market values assigned to 10 the land and improvements are reasonable. 1 11 The assessment agreement shall be filed for record and 12 recorded in the office of the county recorder or the registrar ' 13 of titles of each county where the real estate or any part 14 thereof is situated. After the agreement becomes effective for 15 assessment purposes, the assessor shall value the property under 16 section 273.11, except that the market value assigned shall not 17 be less than the minimum market value established by the 18 assessment agreement. The assessor may assign a market value to 19 the property in excess of the minimum market value established 20 by the assessment agreement. The owner of the property may 21 seek, through the exercise of administrative and legal remedies, 22 a reduction in market value for property tax purposes, but no 23 city assessor, county assessor, county auditor, board of review, 1 24 board of equalization, commissioner of revenue, or court of this 25 state shall grant a reduction of the market value below the • , 26 minimum market value established by the assessment agreement 27 during the term of the agreement filed of record regardless of 1 28 actual market values which may result from incomplete 29 construction of improvements, destruction, or diminution by any 1 30 cause, insured or uninsured, except in the case of acquisition 31 or reacquisition of the property by a public entity. Recording 32 an assessment agreement constitutes notice of the agreement to 33 anyone who acquires any interest in the land or improvements 34 that is subject to the assessment agreement, and the agreement 35 is binding upon them. 36 An assessment agreement may be modified or terminated by 25 1 03/15/93 09:03 (RESDEPT I FA JM8 -4 1 mutual consent of the current parties to the agreement. 2 Modification or termination of an assessment agreement must be 3 approved by the governing bodies of the municipality, the 4 county, and school district in which the property is located. A 5 document modifying or terminating an agreement, including 6 records of the municipality, county, and school district 7 approval, must be filed for record. The assessor's review and 8 certification is not required if the document terminates an 9 a- reement. A chan -e to an a- reement not full executed before 10 July 1 of an assessment year is not effective for assessment 11 purposes for that assessment year. A person may seek a 12 reduction in market value or tax through the exercise of any 11 13 administrative or legal remedy to the extent that the market 14 value or tax sought to be reduced was established by an '. 15 agreement that has been modified or prematurely terminated. In 16 no event may a reduction be sought for a year other than the 17 current taxes payable Year. 18 Sec. 8. [MINNETONKA; SOILS DISTRICT.) 1 19 Subdivision 1. (AUTHORITY.] The city of Minnetonka may 20 create a soils condition tax increment financing district with 21 or without a hazardous substance subdistrict, covering all or 22 any portion of the following described property in the city of 23 Minnetonka, county of Hennepin, state of Minnesota: 24 All that part of the east half of the northeast quarter of 25 section 14, township 117 north, range 22 west, lying north of 26 the Great Northern Railway right of way; 27 The east half of the southeast quarter of section 11, 28 township 117 north, range 22 west; and 29 Lots 1, 2, 3, 4, 5, and 10, Block 1, and Lots 1, 2, 3, and 30 8, Block 2, Golden Acres Addition. 31 This district and a subdistrict may be created under 32 Minnesota Statutes 1992, section 469.175 if the governing body 33 of the city finds, by resolution, that establishment of the 34 district and a subdistrict will facilitate environmental 35 response and reduce the likelihood of litigation. Except as 36 otherwise provided in ti:'is section, the provisions of Minnesota 26 03/15/93 09:03 (RESDEPT ] FA JM8 -4 , 1 Statutes 1992, section 469.174 to 469.179 apply to the district 2 and a subdistrict. The city may issue bonds or other 3 obli- ations •a able, in whole or in •art from increment derived 4 from the district and a subdistrict. The request for 5 certification of the district and a subdistrict must be filed 6 with the county auditor before December 1, 1995. The city may 7 defer receipt of the first increment from the district or from a 8 subdistrict for up to three years following certification. 1 9 Minnesota Statu 1992, sections 469.174, s ubdivision 7, 10 paragraph (c) and subdivision 19, clause (a)(3); and section 1 11 469.176, subdivisions 1, paragraph (d); 4b; 4e; 6; and 7, do not 12 apply to this district and subdistrict. Nothing in this section 13 affects the liability of persons for costs or damages associated 14 with the release of hazardous substances, the city's right to 15 pursue responsible parties or reimbursement under applicable 16 insurance contracts, or the city's liability under Minnesota 17 Statutes 1992, section 1158.04, subdivision 4. The powers 18 granted are in addition to other powers of the city. 19 Subd. 2. [QDALIFICATION RULES.] Before creating a district 20 or subdistrict under this section, the governing body of the 21 city of Minnetonka must find that the response costs related to 1 22 the district and subdistrict and deposits to the indemnification 23 fund or premiums for the purchase of private environmental 1 24 insurance necessary to develop the site exceed the estimated 25 fair market value of the land in the district and subdistrict 1 26 after completion of all necessary response activities and 27 provision of indemnification under the plan. This finding is in 1 28 addition to the findings required under Minnesota Statutes 1992, 29 section 469.174, subdivision 19, clauses (a)(1) and (2) in the 30 case of the district, and the findings required under Minnesota 31 Statutes 1992, section 469.174, subdivision 7 in the case of the 32 subdistrict. 33 Subd. 3. (LIMITS ON SPENDING INCREMENTS; POOLING 34 RULES.] (a) The provisions of Minnesota Statutes 1992, section 35 469.1763, do not apply to the district and a subdistrict created 36 under this section. Revenues derived from tax increments from 1 27 11 r 03/15/93 09:03 [RESDEPT J FA 3M8 -4 1 the district and subdistrict may be spent only on: 2 (1) response costs related to the area contained in the 11 3 district and subdistrict including the activities outside of the 4 subdistrict or the district but within the project, to the 5 extent necessary to prevent contaminants moving to or from the 6 contaminated parcels; 7 (2) deposits to an indemnification fund or the purchase of 8 environmental insurance, relating only to liability or 9 additional response costs for contaminated parcels located in 10 the district; and 11 (3) administrative expenses and costs permitted under 12 Minnesota Statutes 1992 section 469.176, subdivisions 3 and 4h, 13 including costs of review and approval of development response 14 actions plans by the commissioner of the pollution control 15 agency and litigation expenses of the attorney general, if any. 16 (b) After sufficient revenues derived from tax increments 17 have been received to pay all remediation costs, deposits to an 18 indemnification fund or insurance premiums, and administrative 19 and other qualifying costs, the district and subdistrict must be 20 decertified. Minnesota Statutes 1992, section 469.176, 21 subdivision 1, paragraphs (e) and (g) apply to the district and 22 subdistrict, except to the extent limited by this section. ' 23 Subd. 4. (DEFINITION.) For purposes of this section, 24 "response" means activity constituting "respond" or "response" 25 as those terms are defined in Minnesota Statutes, section 26 1158.02. Response costs include activities, including 27 installation of public infrastructure, necessary to respond. 28 Subd. 5. (STATE AID REDUCTION.) The state aid reductions 29 under Minnesota Statutes, section 273.1399, do not apply to the 30 district or a subdistrict established under this section, if the 31 city elects to pay and pays 25 percent of the response costs and 32 deposits to the indemnification fund out of its general fund, a ' 33 property tax levy for that purpose, or other unrestricted city 34 money (other than tax increments). The city must elect this 35 option at the time of certification of the district and must 36 notify the commissioner of revenue of its election. The 28 03/15/93 09:03 (RESDEPT) FA JM8 -4 1 election is irrevocable. 2 Sec. 9. (CITY OF HOPKINS; HAZARDOUS SUBSTANCE 3 SUBDISTRICT.) 4 Subdivision 1. (AUTHORIZATION.) Pursuant to Minnesota 5 Statutes, section 469.175, subdivision 7, the city of Hopkins or 6 its housing and redevelopment authority may create one or more 7 hazardous substance subdistricts within tax increment financing 8 district No. 2 -5 or within an new tax increment financin- t 9 district encom- assin- an •arcels located within townshi- 117N 10 range 22W, section 25 in the area bounded on the north by CSAB 1 11 No. 3; on the south by the Chicago and Northwestern Railroad 12 right -of -way; on the west by the city of Hopkins /city of 1 13 Minnetonka boundary; and on the east by the existing parcel 14 occupied by the city of Hopkins Well No. 1 Building. The city 15 or its housing and redevelopment authority may issue bonds or 16 other obligations payable in whole or in part from increment 17 derived from the subdistrict or district upon a finding by city 18 resolution that establishment of the subdistrict will facilitate 19 environmental remediation and further the objectives of the tax 20 increment financing plan for the district. The request for 21 certification of the subdistrict must be filed with the county 22 auditor before December 1, 1995. The city may defer receipt of 23 the first increment from a subdistrict for up to three years 1 24 following certification. Minnesota Statutes, sections 469.174, 25 subdivisions 7, paragraph (c), and 16; and 469.176, subdivisions 26 1, paragraphs (d) and (g), 4e, 6, and 7, do not apply to the 27 subdistrict. 1 28 Subd. 2. (PRESERVATION OF RIGHTS.) Nothing in this section 29 affects the liability of persons for costs or damages associated 1 30 with the release of hazardous substances, or the city's right to 31 pursue responsible parties or to secure reimbursement under 32 applicable insurance contracts, or the city's liability under 33 Minnesota Statutes, section 1158.04, subdivision 4. The powers 34 granted are in addition to other powers of the city. • 35 Subd. 3. (QUALIFICATION RULES.) Before creation of a 11 36 subdistrict under subdivision 1, the city of Hopkins shall 29 1 II 03/15/93 09:03 (RESDEPT 1 FA JM8 -4 1 determine that the existence of pollution or contamination of 1 2 parcels within the subdistrict materially impairs the ability of 3 the owners of the parcels to develop, sell, lease, or finance II 4 all or any portion of the parcels. 5 In addition, the city shall, following review by the II 6 pollution control agency, prepare and adopt a report which 7 delineates the maximum amount of money to be reserved for II 8 eligible expenditures. 9 Subd. 4. (ELIGIBLE EXPENDITURES.) Revenue derived from tax I 10 increments from the subdistrict may be spent only on: 11 (1) costs of investigating and remediating the pollution or II 12 contamination in the area contained in the subdistrict, 13 including activities outside of the subdistrict to the extent 14 necessary to prevent pollutants or contaminants moving to or II 15 from the subdistrict; 16 (2) deposits to an indemnification fund to be used to II 17 indemnify existing or future owners, purchasers, lessees, or 18 mortgagees of any parcel in the subdistrict against 1 19 environmental liability and costs associated with the 20 investigation and remediation of pollution or contamination in II 21 the subdistrict, or the purchase of environmental insurance 22 relating only to liability or remediation costs for parcels II 23 located in the subdistrict; 24 (3) administrative expenses and costs, including those I 25 permitted under Minnesota Statutes, section 469.176, subdivision 26 4h, and costs of preparation, review, and approval of any I 27 response action plan or partial response action plan by the 28 pollution control agency; and II 29 (4) costs of actions, including litigation, to recover 30 investigation and remediation costs incident to the subdistrict 31 from responsible persons. 1 32 Subd. 5. (DECERTIFICATION.) After sufficient revenues 33 derived from tax increments have been received to pay all II 34 investigation and remediation costs, deposits to an 35 indemnification fund, insurance premiums, and administrative and II 36 other qualifying costs, and in all events not more than 20 years II 30 . 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 from the date of recei -t b the cit of the first tax increment 2 from the subdistrict, the subdistrict must be decertified. 3 Subd. 6. (REDISTRIBUTION.] When the city has received 4 sufficient tax increment funds to pay all eligible expenditures, 5 an funds received must be a - -lied b the cit in the manner of 6 excess tax increments under Minnesota Statutes, section 469.176, 7 subdivision 2, and the Hennepin county auditor shall increase 8 the original net tax capacity of the parcels in the subdistrict 9 to the original net tax capacity that would prevail had no ' 10 reduction been made. 11 Subd. 7. [DEFINITIONS.] For purposes of this section, ' 12 "remediation" means activity constituting removal, remedy, 13 remedial action, or response as those terms are defined in 1 14 Minnesota Statutes, section 1158.02, including activities to 15 develop and implement a response action plan approved by the 16 pollution control agency under Minnesota Statutes, section 17 1158.17, subdivision 14, or a partial response action plan 18 approved by the pollution control agency under Minnesota 19 Statutes, section 1158.175. Remediation costs include 20 activities necessary to accomplish remediation, including 21 installation of public infrastructure. 22 Subd. 8. [STATE AID REDUCTION.] The state aid reductions 23 under Minnesota Statutes, section 273.1399, do not apply to a 24 subdistrict established under this section, if the city elects , 25 to pay and pays 25 percent of the response costs and deposits to 26 the indemnification fund out of its general fund, a property tax 1 • 27 levy for that purpose, or other unrestricted city money (other 28 than tax increments). The city must elect this option at the 1 29 time of certification of the district and must notify the 30 commissioner of revenue of its election. The election is , 31 irrevocable. 32 Sec. 10. [INVER GROVE HEIGHTS.] 33 Subdivision 1. [EXTENSION OF TIF DISTRICT.] Tax increment 34 financing district number 3 -2, established by the city of Inver 35 Grove Heights on April 30, 1992 under Laws 1990, chapter 604, 36 article 7, section 30, subdivision 2, continues in effect until 31 03/15/93 09:03 (RESDEPT FA' JM8 -4 I/ 1 the earlier of (1) May 1, 200ti sir (2) when all costs provided 2 for in the tax increment financing plan relating to the district 3 have been paid. In no event may the city receive more than 4 eight years of tax increments for the district and all tax ' 5 increments received after May 1, 2002, in excess of the amount • 6 of local -overnment aid lost b the cit under Minnesota 7 Statutes, section 273.1399 as a result of such tax increments, 8 shall be used only t� pay or reimburse capital costs of public 9 road and bridge improvements. 10 Subd. 2. [BOND AUTHORIZATION.) If the city of Inver Grove 11 Heights, the Minnesota department of transportation, and Dakota ' 12 county agree to the planning, design, construction and • 13 reconstruction of state, county and city highway, street and 14 bridge improvements that serve, among other areas, the area of 15 tax increment financing district number 3 -2, the city council 16 may, by resolution, authorize, sell and issue general obligation 17 bonds of the city in a principal amount not to exceed $4,000,000 18 to finance part of the cost of the improvements to be paid for 19 by the state under the agreement. The city shall issue the 1 20 bonds only if and to the extent it estimates they are necessary 21 to pay costs of the improvements coming due for which state ' 22 funds are not immediately available but will be received by the 23 city under the agreement. The city shall pledge the state 24 moneys to the payment of the bonds and after it receives the 25 moneys shall pay the bonds as soon as practicable. The bonds ' 26 shall be issued and secured under Minnesota Statutes, chapter 27 475, except no election is required to authorize their issuance. 28 Sec. 11. (EFFECTIVE DATE.) 29 Sections 1, 3, and 5 are effective for districts and 30 subdistricts for which requests for certification are made after ' 31 August 1, 1993. 32 Sections 2 and 4 are effective the day following final ' 33 enactment. 34 Sections 6 and 7 are effective July 1, 1993 and apply to 35 all districts, regardless of when the request for certification 36 was made, including districts for which the request for 32 03/15/93 09:03 (RESDEPT ] FA JM8 -4 1 certification was made before August 1, 1979. Section 7 applies 1 2 only to modifications of assessment agreements made after August 3 1, 1993. 4 Section 8 is effective upon compliance by the city of 5 Minnetonka with Minnesota Statutes, section 645.021, subdivision 1 6 3. 7 Section 9 is effective upon compliance by the city of 1 8 Hopkins with Minnesota Statutes, section 645.021, subdivision 3. 9 Section 10 is effective the day following final enactment 1 10 without the approval of any local government. 1 1 1 1 1 1 1 1 1 1 1 1 33 PROPOSED SPECIAL LEGISLATION FOR CARVER COUNTY Sec. 11. [ Carver County. ] Subdivision 1. [EXTENSION OF TIF DISTRICT. ] The tax increment financing district established by the housing and redevelopment authority in and for ' the cit of Chanhassen and a. •roved b the cit on December 19 1977 within the downtown and Chanhassen lakes business park areas continues in effect until the ' earlier of (1) December 31, 2004 or (2) when all costs provided for in the tax ' increment financing plan relating to the district have been paid. All tax increments received after April 1, 2001, in excess of the amount needed to pay bonds issued ' before April 1, 1990, shall be used only to pay or reimburse capital costs of public road improvements. Subd. 2. [BOND AUTHORIZATION.] If Carver county and the cities of Chanhassen and Chaska agree to the planning, design, construction and ' reconstruction of county and city highway and street improvements that serve, ' among other areas, the area of the tax increment financing district established on December 19, 1977, the city council may, by resolution, authorize, sell and issue ' general obligation bonds of the city to finance part of the cost of the improvements to be paid for by the county under the agreement. The city shall issue the bonds only if and to the extent it estimates they are necessary to pay costs of the ' improvements coming due for which county funds are not immediately available but will be received by the city under the agreement. The city shall pledge the county moneys to the payment of the bonds and after it receives the moneys shall pay the bonds as soon as practicable. The bonds shall be issued and secured under Minnesota Statutes, chapter 475, except no election is required to authorize their ' issuance. REB50887 CE130 -26 MHF 19 '91 11 :59 HOLMES & GRAVEN F•E 1 MEMORANDUM ! TO: Don Ashworth, City Manager , FROM: Ron Batty, HRA Attorney DATE: March 18, 1993 ' RE: County Road Funding Project -- At our meeting on March 15, 1993 with Carver County Administrator Tick Stoltz, Carver County EngineerRtoger Gustafson and Chaska City dmin Administrator tax II PoKorney, several questions arose regarding the application increment statute to efforts by Carver County and the cities of Chanhassen and Chaska to fund certain road projects. I have reviewed those matters and offer the , • following comments . 1. How will tax increment be paid after April 1, 2001 with regard to Chanhassen's downtown TIF district? As a pre-1979 TIF district, Chanhassen's ' downtown district is generally exempt from the tax increment statute. When the statute was adopted in 1979, all pre - existing districts were given a 30 year life. The legislature amended the statute several years ago to force an earlier end date under certain conditions. The statute now provides that no increment may be expended from a pre-19'79 district after April 1, 2001 except to meet debt service on obligations incurred prior to April 1, 1990. In no case may the district continue after August • 1, 2009. , The effect of the above provision is that after April 1, 2001, the downtown district will only be able to spend the increment necessary to meet pre- April 1, 1990 debt. However, I believe that the county auditor will be required to remit to the HRA the full increment generated by the district in 2001 and thereafter until all pre -April 1, 1990 debt has been paid. I do not believe that the auditor may I legally attempt to determine how much increment will be necessary to meet pre -1990 debt and retain the difference. There are several reasons which compel this conclusion. To have the auditor ' retain any portion of the increment would be to have him or her attempt to enforce the tax increment statute with regard to the post -2001 limitations. There is no statutory authority for the auditor to play this role. The burden of complying with the statute rests on the HRA. Secondly, the statute clearly gives the HRA the authority to determine what to do with increment in excess of that needed to meet immediate debt service. This includes the right to prepay bonded indebtedness. Retaining any increment would interfere with the HRA's ability to exercise this I power. U the HRA chooses to return any increment to the county in 2001 or thereafter, that money must be characterized as excess increment. The statute provides that excess increment must be redistributed by the county auditor to the city, school district and county in proportion to their respective tax capacity rates. Excluding from the redistribution are the minor taxing jurisdictions. Also, since the , district will still be in existence until all debt obligations have been satisfied, there should be no change in its status via a vis fiscal disparities. Not until all obligations 1OS0519 0130 -26 1 1 1 have been satisfied will the district be de- certified and be subject to fiscal disparities. Holmes & Graven has taken the position that the post April 1, 2001 limitation on the expenditure of increment does not apply to increment previously collected and on hand on that date. In other words, any funds, including I increment, collected but unspent by that date may to be spent after April 1, 2001 notwithstanding the above limitations. 2. May a TIF auth voluntaril choose to be subject to Sectio 469.175 I subd. la? he TI s tatute authorizes a county to require a IF authority to dedicate tax increment to pay for certain county road improvements. The provision was effective for soils condition districts requesting certification after May 1, 1988. I In 1990 the legislature expanded the scope of the provision to include all tax increment districts requesting certification after May 1, 1990. The provision clearly does not apply to Chanhassen 's downtown tax increment district. As noted, the TIF ' statute exempts pre -1979 tax increment districts from the statute, - except as specifically provided. One of those exceptions is that a TIF authority may elect to bring a pre -1979 district under the provisions of the tax increment statute. Arguably, the HRA could choose to subject the downtown district to the provision ' regarding payment for county roads . However, there is some question whether that provision allows an a -la -carte selection of particular provisions or whether it is meant to allow only an all or nothing choice. 1 Tax increment districts created during the period between 1979 and 1988 are not given similar explicit authority. However, an argument could be made to permit I this since paying for county road improvements is now the law and clearly not contrary to public policy. The hesitancy I have with such a position is a practical one. Having acquiesced in a county's attempt to make a pre -1988 district subject to the county road provision, it may be difficult for a TIF authority to resist a future • 1 effort by a county to subject it retroactively to some less desirable amendment. Despite this probable statutory authority, there are at least two easier ways I to accomplish the goal of having the HRA contribute towards the cost of county roads. The simplest is to have Chanhassen pay for most of or all of the costs of the road segments located within the project areas in return for the county picking up most of or all of the costs of segments outside of the districts. A second way to I accomplish the goal is to amend the boundaries of the project area. While it has not been possible to expand the downtown TIF district since August 1, 1984, there is no restriction on expanding the project area. The HRA did just that with modification I no. 11 adopted in April 1992. It would be possible to expand the project area to include other road segments and thus allow the tax increment m t downtown diet money to spent on those segments. This could even include overlapping Development District No. 2. 1 1 S o 7s , Jl I RS25O53 2 CEL30 -26 1 • Post 2000 Tax Increment and Amounts Potentially Available for County Road Construction March 22, 1993 Post 2000 Scheduled Debt Payments Total Total Fund Description 20)1 2002 2(03 2004 2001 -03 2001 -04 309 Tax Increment Bonds,of 1990 184,130 1,440, 305 1,434, 390 Bonds of 1989 1,(X)3,200 723,600 318 Tax Increment Bonds of 19'' 80.100 315 Tax Increment Bonds of 1987 530,000 1 517 Improvement Bonds of 1987 230,500 218,500 206,000 • 320 Improvement Bonds of 1988 .550 53,450 \ , 2 y.3 z°%° 2.,,,,,,..- Total $2,111,480 $2,435,855 $1,640,390 Z , Z 5 7 -� Estimated Increment Available for County Road Construction Conservative Total Total Description 2001 003 2004 2001 -03 2001-04 Total Estimated Tax Increment 6.0M 6.0M 6.0 6.0M Scheduled Debt from Above* ` . 3.0M 2.3M .6M Special Levy Dist. to School _____ 1 .OM ,„�— 1iIM 1.2M 3,9 3, `/ -y Net Available -Co. Road Cons,/ �2.4M $3091 S2:6M $4.2 ' $7.0M $11.2M Optimistic . Vi Total Estimated y Increment ' M ', M M 7.OM Scheduled Debt' from Above* 1 M .7M Special Levi/ Dist. to School M . M 1.2M Net Available -Co. Road Const. _43A1M $ $ $5.1M $ 9. M $14.91 , o /, e 2, Z . 2,L * Includes 10% Administrative Fee / /' Is No r 4 � 111911k- � i� V— an MI • MN I OM — if II MEMO II TO: CITY COUNCIL a FROM: DAVE POKORNEY II SUBJ: EASTERN CARVER COUNTY TRANSPORTATION PLAN IMPLEMENTATION II DATE: MARCH 12, 1993 In 1990 Chaska along with Chanhassen, Victoria, Waconia, Carver I and Carver County jointly developed the Eastern Carver County Transportation Study. This study identified future traffic /highway needs based on 2005 development forecasts. The I plan concluded that a number of major County highway improvements were necessary in Eastern Carver County to meet these future demands. The recommended 1993 -2002 program for the Chanhassen, Chaska, and Victoria area of Carver County is summarized in Map r A. The estimated cost to implement this program is $50,000.00. Recently, I have been meeting with representatives of Carver II County and Chanhassen to develop a joint strategy for constructing and funding these highway improvements. The first step in our process was to review resources available to the • I County to fund the necessary improvements. Through the 1990's it is forecast that Carver County will receive approximately $1.3 million annually in State Aid funds and may have the ability to levy an additional $800,000 - $1,000,000 for highway purposes. I Consequently, County would have resources available over a 10 year period on a County wide basis for highway improvements of $20-22 million not adjusted for inflation. Consequently, even if I the County were to allocate 100% of its resources it would be unable to address full Eastern Carver County highway needs. 1 The second step in our review was to begin to prioritize the projects. As a product of this review we identified those project as shown on Map B as our initial priorities. As you will note from the map, the main emphasis in the Chaska area is I upgrading County Road 17 which will provide an alternative north /south route through the community. At the present time the only north /south route continuous roadway is Hwy. 41, which is I closely approaching capacity. Further, with development that is occurring along County Road 17 both in Chaska and in Chanhassen, this project became an obvious priority. The total costs for the I projects in the first priority group is estimated to be $10,668,000. As we discussed these groups of projects it became clear that any improvement program needed to be coordinated so as II to avoid an extended period of construction (i.e. County Road 17 being under construction through four continuous construction seasons) and that a financing plan should be developed which would allow the County to complete these improvements in a timely II manner. 11 II 1 County IF State Aid County Year Allocation Tax Levy County Total 1993 -0- $ 959,000 $1,009,000 1994 $1,323,000 200,000 1,523,000 1995 1,780,000 1,127,000 2,907,000 1996 475,000 655,000 1,130,000 D. The City of Chaska would agree to contribute $400,000 per year of tax increment revenues from 1997 through 2001 towards financing of the project. It is anticipated that Chaska would sell debt of approximately $ which would be available for construction to the County in 1994. Prepayment of the $1.6 million debt would come from Chaska's $400,000 commitment annually beginning in 1997. E. Chanhassen would agree to contribute $1,000,00.0 of tax ' increment in 1993 and $400,000 annually of tax increment revenues beginning in 1996 through 1999 or a $2.6 million contribution. Chanhassen would agree to an additional contribution of $1.8 million in the 2000 -2002 timeframe if they are not required by State statute to cancel their tax increment districts prior to that timeframe. If, though, the districts are cancelled Carver County would agree to contributing an additional tax levy of $1.8 million generated in the 2000 -2002 timeframe. This additional County levy results from new revenues accruing to the County as a result of cancelling of the Chanhassen tax increment districts. Under this scenario a total of $12.969 million would be available , and could fund the construction of up to $10.7 million of highway improvements in the '93-95 timeframe. Obviously, a number of details relative to this concept need to be worked out prior to consideration by each of the governing bodies. The purpose, though, of reviewing these discussions with the Council at this time is to both update the Council on our discussions and to solicit your comments and direction that I should proceed on the project. Key policy questions that the Council needs to discuss are: A. Is there a need to begin to put a higher priority on constructing the County road improvements within Eastern Carver County? B. Are the priorities as outlined in Exhibit B appropriate? 1 C. Is the Council supportive of using a portion of its undesignated tax increment revenues for the proposed improvements? D. Is the sharing of costs as proposed among the three parties equitable and appropriate? 11 ON I= OM NM • MI MI MO 1111111 IIIM IIIII Nell I= — MO . ME in iiii iii t. .. ;.:.. . • iY" .,-. 4 ! , , . ' :•s: :•t:- . . - y • .. ..... -;rtyrs:r __ ;ro --sw-e.. m... . • r...,, j -Irak • " 'er'V ! ', di ,,..... ,......5,, • : __.• .:. ,..„. ••••••„. , .._,.._,. ,,,...„ ,‘,.. _....„. '–',,, i 1 4- • i r. -"; . it:.T.-E. - „vim - -<'. „ . . 1* -.... . • .... _., , . ......, Wi . 0 .11,50:N 1:5.1 -. ..M . P.4 2` . ._. .v.,.:._ .., . , s --..1 ALTERNATIVE ONE : . 1' .) 13-- , ..... . '; i!....' • ...:, . . ... ....... . ,, ItANITASSEN • iiiill • 1953 i . 4 .. .`,;• 7r ' '' it - 1995 . .......... ..... JAMIE 77,4 -, . ----, ........ .#... ! , -....,- .... . _ ,..„.,......:., 1 : -,..: i ._ . -, •._ -.-- Er" ",--- a HIGHWAY IMPROVEMENT PROGRAM ._ •-... • • : ; i::. , 1 _____,, • ,......r,,_ , . . ......),.....\: - c ' - PP - -. -- P - • - i• - " FOR . • ITICTORIA , i ■_ *: .‘,.... ,...k ... .1 • I 4, . . ‘•%:."' • - C • • . 0 • • • . f t -......, a I 4 COUNTY HIGHWAY CORRIDORS t I....- ......_ .. • fT/l. RAM f M N ..... • O ( \ . 5 r. ,...'S-- - • , .....1 ..4. ___,:-..--_-____ l . • .....k.... .,_....,:„. , 4„...............„.... . ; ..,„, - .... ., .--:,.. ..... ., . .,,,. • . iN CHANHASSEN AND CHASKA , ...., q /... .L.... EAST OF TRUNK HIGHWAY : 41 1 tio..3 cHANi , HAr.fr % • ........ - IE ; ' N -‘■ . • 1 .: I . . 0, CHASKA ...= . i a • All , I lir - i 1 4tidfhl J.' ...,. 4;.. ---=. • I 0 1; . . , , WIAA • / P :, /2/ . .-. 1! ifr ' I g pc , . c !I 3 ; * tie . • 1 ,477----.. - / , ...r...,, i . , , ..--• . L ... . i ip. ....• -r l . t',4 • , , i z A f 9 :4 111P. .... EGEND - :). ,./ ... 111•1•11111111•1111. CAXISUUCtiOnMeCOnStfUCSOn COrridar / ' W cT2' 1 AL, ,..• - , .100=4. liWb .:21 ..- ' - gm on woes. Overlay & Shoulder Paving Corridor ral --"'- it.. n i iiii, • ,,,, it .) • ,, .4,„, ... • , Ilk. 4 , Waffle Signa l Installaton i Location . •;.:).• t -' * war- t, V ■ ...,.. r• ....4 -4 % ... • • • • • • • • • Development District Boundary i . • • • e , 0 „ ..../."' . . • jp _. /04 i ■11: 2 ...... " I " to0 . . . . ot rs . lyN . ii . . ' • • • - .1. , .• A LI ',VT.' • V '0 • / iti4ip • • 11•10 111 ‘ .11 I • ..j 1.1 ' ' ' I ..',........" .... ... kaliau* • " • ' . *MW: t i dr 40' it1,1 ' ill' ti z if t• 1 V ' I . 'Ne 0 `MOM ii!, ii n I 9109:111141141MAINVOIRONNOWSKINON1601410101000100411111101111PHRia l MI fli 1: ' ' . - • t iMall:all:m;4:;;, 1 ALTERNATIVE ONE 1993 -1905 HIGHWAY IMPROVEMENT PROGF1AM FOR COUNTY HIGHWAY CORRIDORS • IN CHANHASSEN AND CHASKA (EAST OF TRUNK HIGHWAY 41) City coat Estimate (1) & Corridor Sownant Description Length Township _ Prof Son I R -O -W Corset Total Chanhassen CSAH 14 (P)Onee' Trail) WASI CI Limb b TH 101 2 Lanes Rural (Overlay) ty ( Y) 1.5 155,000 CSAH 17 (Powers Blvd) CSAH 18 (Lyman) b Lake Drive West 4 Lanes Urban Divided 1.1 319.000 110.000 2.090,000 2.519.000 !.Ake Orem West to TH 5 4 Lanes Urban guided 0.5 145000 50.000 950,000 1,145.000 '41 $ to 0.3 Mile North 4 LAMS Urban Divided 0.3 57.000 30.000 570.000 657.000 CSAH 18 (Lyman Blvd) TH 41 to TC 5 W Raltroed 2 Lanes Rural (Overlay) 0.4 55.000 55.000, I CSAH 18 (Lyman Blvd) CR 17 so 0.25 M East of Audubon Rd 2 Lanes R urd (Overlay) 0.5 70.000 70.000 CSAH 18 (Lyman Sivd) TH 41 10 TC 6 W Railroad 2 Lanes Rural (Overlay) 1.0 145.000 145.000 I CSAH 12 (CR 117 /Gelpi- Blvd) CSAH 18 (Lyman Bh. to 714 5 2 (1J11 4) Lanes Urban 1.1 187.000 68.000 1210,0001 1,485400 ACTH S Tts114 Signal 0.0 18.000 120.000 138.000 CR 117 (Gelpin Blvd) ITH 5 to North City Limits 0 I Subtotal 6.4 756.000 278,000 5210.0001 6.399.000 Chanhassen CCSAH 18 (Lyman Blvd. •TC & W RR to CR 17 12 Lanes Rural (Overlay) 0.6 1 55.0001 e5.000 I a 1 I 1 Chaska CR 117 (CR 17 /Audubon A C? 10.3 M North of CSAH 14 to CSAH 18 2 (1)n 4) Lanes Urban 1.01 170,000 80,000 I 1,100.000 I 1.350.000 Subtotal 1.5 170,000 60.000 i.1es.000I 1,435.000 I Chaska ICSAH 10 (CR 11/Engler Bwd) ITH 41 to CSAH 15 (CR 17 /Audubon Rd) 12 Lana: Rural (Overlay) 1.1 150.000 150.000 CSAH 10 (CR 11 angler Blvd CSAH 15 (CR 17 /Audubon) b 7H 212 12 (UI14) Lanes Urban 0.4 66.000 02.000 440,000 540.000 I 1A1 TH 212 Traffic Signal 0.0 15.000 0 120,000 136.000 CSAH to (Pionee• Trio CSAH 15 (CR 17) to East City limits 2 Lanes Rural (Overlay) 0.4 40.000 40.000 I CS 15 (CR 17 /Audubon Re) TH 212 to MAIN. Drive 2 (U114) Lanes Urban 0.9 153.000 72.00 990,000 1215.000 AtTH 212 Trati0 Signal 0.0 18,000 0 120.000 136.000 CSAH 18 (Lyman Blvd) 7H 41 to Cnaska East Limits 2 Rural Lanes (Overlay) 0.5 70.000 70.000 I At TH 41 Tratio Signal 0.0 1S000 120.000 136.000 CR 117 (CR 17 /Audubon Rd) CSAH 1 (Pioneer Tr) to 0.3 Mils North 2 (Ult 4) Lanes Urban 0.3 51.000 24.000 530.000 405.000 Subtotal 3.6 326.000 126,000 2,350.000 2.634,000 Tow I 11.61 1252,0001 466,0001 8.775,000 IT 0.e68.0oo I I (1) Cost Estimates Proles 'Orval Services R -O -W Construebon Four Crave; lanes urban divided 290000 /mile 100.000 /mile 1000,000/mIh Two (ull tour) frivol lanes urban 170,000 /mile 60,000 /mile 1,110.000 /m1le Two Cavel lanes urban 130 ,000 /mlh 80,000 /mile 800000 /mile • Two travel lanes rural 90.000 /mile 80.000 /mbe 500,010/mile Trisha Signal 18,000 /mile -- 120.000 /each No utility relocation. adminisestion, financing. and 06) 1 cost are Indudad _ TIFPR022.WK1 1 1 ' c ^� — 1 Prs* ' • MEMO ! TO: DICK STOLTZ 1 0. FROM: DAVE POKORNEY SUBJ: COUNTY ROAD TAX INCREMENT FUNDING ' DATE: NOVEMBER 30, 1992 Last week we discussed the need for Chaska to provide some preliminary numbers relative to its potential future tax ' increment contribution towards County roads. Our assumption is that the present tax increment law which allows for the use of tax increment dollars to upgrade roads controlled by the County will continue. As you are aware, Chaska's present redevelopment .� plan has established a project for participation with Carver County and budgets $1 million towards these improvements. As I have reviewed our tax increment cash flow projections it appears .1 that Chaska would be in a position to provide the following total payments: ' 1997 - $ 400,000 1998 - $ 400,000 1999 $ 400,000 2000 - $ 400,000 2001 - $ 400,000 2002 - $3,000,000 Total $5,000,000 In making these commitments I would do so with the understanding that the following roadways would be upgraded: Phase 2 of C.R. 17 upgrading 1994 Engler Road extended east of C.R. 17 to 212 1994 C.R. 17 upgraded north of Pioneer Trail 1995-1996 Engler Road extended westerly 1997 -1998 C.R. 11 extended easterly to Jonathan Boulevard - 1998 -2000 As we discussed the City's preference would be that the County develop a Five Year Capital Improvement Program to fund each of these roadways during that timeframe and utilize our committed cash flows to finance long term debt. After you have had a chance to review these numbers, please feel free to contact me to arrange a time to meet to discuss these projections further. 1 1 1 P. E1 MAR-23-93 TUE 16:21 DATE: Zt4Z 4......,... C has k 4 ATTN: - a) ,ddl-aoth PROJECT: CASE NO: TRANSMITTAL riie are sending you: [] Drawings ❑ Enclosed [] UPS ❑ Specifications ❑ Separate cover ❑ First Class ❑❑ Shop Drawings ❑ Our ❑ Your Messenger ❑ Air Express ❑ Facsimile COPIES DESCRIPTION DATED BY 1 i 1 /1EJ For Your Approval s' For Your Review /Comment Approved ❑ NOT Approved 0 For Your Information • As Requested u As Corrected D Revise and Resublilt REMARKS • 1 1 1 Copies To Sincerely _ City Of Chaska Minnesota; one City Hall Plaza 55318.1962 612. 448 -2851 Phone 612. 448 -9300 FAX 11riF : -2 _ —• z TUE 16:21 1 1 DRA PT 1 March 22, 1993 Mr. Don Ashworth Mr. Dick Stoltz II City Manager County Administrator Chanhassen City Hail Carver County Courthouse P.O. Box 147 600 East Fourth Street II Chanhassen, MN 55317 -0147 Chaska, MN 55318 • 1 . Dear Don & Dick: II The purpose of my letter is to p°vide a general outline summarizing our understandings concerning implementation of Phase 1 of the Eastern Carver County Highway Construction Plan. In 1990 the cities of Chanhassen, Victoria, Chaska and Carver County Ir jointly developed the Eastern Carver County Transportation Study. The study identified future traffic /highway needs based on 2005 development forecasts. The plan concluded that a number of major II County highway improvements were necessary in Eastern Carver • County to meeting these future demands. The recommended 1993- 2002 program for Eastern Carver County was estimated to cost 650 million to implement. II Recognizing that the full project could not be funded in the five year planning period and, further, that even the minimum program II cannot be funded 100% by Carver County's existing resources, the cities of Chaska and Chanhassen along with Carver County have developed an alternative funding package and phasing strategies I for implementing the key elements of the Eastern Carver County highway needs. The first phase of the project would consist of the following improvements which are also shown on Map A: 1 • cCRi :%l .,: mmw, „AS. : CC7NT.Y ACA: PR ::T::S SCCY7• N'"' :SCR :P*SJN CO5: • 1: S••:Y 0ver :n7 Amu D.:s?111ri S155,0:: I ' SA :4 :::N52 NA:: .V 17;.!•, i Amex '3:011.'. G:V �'Skfl /:..'A:. ri.699,8 ^ ^SAS 17 ?J'r:_25 S.V'• SwY roan c:V.aro /. - /� :SAS 11 ?CW=RS ilV: �;.?t.z ,:r 'W •.•1•1: O:C ^d $�36,vvv csAF .1 ?;;W=Ra 8:'J: Nti i^ j .4 ^ #4 L'roan /t:ai i :SAS 19 CA�_P:� :.P ::v WY 6 .. � ltc:: sire': SIM ::: csA4 :9 G L'.Y 5 ^N? :.a :` s: 726, <.0 .� :: .Z ;Yw!AN 1 r.RS ::ban /t:a.. :SAS '1 K: �S :X /CR :' P. c•irr:ay and a�:sl.ae:n ;160,000 553:,PC: CSAH :C E`G:ER CSA- 1" EhG:_�. !rY A. 'C . :SAS 10 ENC _R CR 2 R -e: u:u+lr. /t:•i . .E7 % t:C 7_:gna' $.3C..000 ^ �e�.Y *Z:4 tw \ v,C Cn CVQ..�y S. ".0 !!10L'.4C:3 L C ,v.0 CSAH :4 P :9N'iR RA :' h' :S :nf\ •S ? .;1 ` :? , ^ ban /.:a.. and I CSAH :5 A��.30VKR :? uh'Y 2 ' 'S E t r li! f:e *WA: g$1, 9 5130.0: 1138.000 CSAH 15 Al:Cn0` /CR 1? HwY s12�t C � CR :��; °:• si4 "a. ran. :B _VVAN AtVJ h: H71 1 Financing for these improvements would be through a combination 1 of County tax levy, State Aid allocation, City tax increment funds and other City resources. Under Minnesota statutes the local municipalities can use tax increment funds for roadway projects within the districts. In addition, the tax increment statute 469.175 authorizes the County to require the local authority to dedicate tax increments to pay for certain County road improvements. To begin to implement the initial phase of these highway improvements the cities of Chanhassen and Chaska along with Carver County agree in concept to an implementation and financing plan summarized by the following key elements: A. Carver County agrees to construct those roadways identified in Table A in the 1993 -1995 timeframe. B. Carver County would contract with engineering consulting ' firms to prepare plans and specifications on these road projects with representatives of each of the three participating governmental entities serving on a • coordinating committee for the projects. C. The cities of Chaska and Chanhassen would assume ' responsibility for acquiring the necessary right -of -way for projects within their respective communities. For projects along the joint border between the two communities the cities would share equally the cost.of total right -of -way acquisitions. • D. Carver County would agree to contribute a total of 1 $6,569,000 towards the projects which would be funded through the following allocations: County State Aid County Year Allocation Tax Levy Total 1993 -0- $ 959,000 $1,009,000 1994 $1,323,000 200,000 1,523,000 1995 1,780,000 1,127, 000 2,907,000 1996 475,000 655,000 1,130,000 E. The City of Chaska would agree to contribute $400,000 per year of tax increment revenues from 1997 through 2001 1 towards financing of the project. The City of Chaska would agree to sell bonds in 1994 in order to make a cash payment to the County of approximately $1,516,000. Repayment of this debt would come from Chaska's $400,000 annual commitment beginning in 1997. 1 MAR-2S TUE 16:22 P.04 1 F. Chanhassen would agree to contribute 51,000,000 of tax 1 increment in 1993 and $400,000 annually of tax increment revenues beginning in 1996 through 1999. Chanhassen would agree to sell debt in order to make a payment of approximately $ in 1994 for construction of the ' roads. As with Chanhassen the debt would be repaid from its 5400,000 annual tax increment contribution. ' G. Chanhassen would agree to an additional contribution of $1.8 million in the 2000 -2002 timeframe if they are not required by State statute to cancel their tax increment ' districts prior to that timeframe. If, though, the districts are cancelled Carver County would agree to contribute an additional tax levy of $1.8 million generated in the 2000 -2002 timeframe. This additional County tax levy would result from new revenues accruing to the County as a result of the'cancelling of the Chanhassen tax increment districts. �. It is understood that under this scenario a total of $12,969 would be available and could fund the construction of up to ' $10,700,000 of highway improvements in the '93 -95 timeframe. Further, it is understood that the three parties would agree to execute a joint agreement outlining the details of these understandings along with specific contracts for joint participation in each of the individual County projects. The efforts to date by each of the parties clearly exhibit the benefits of developing a cooperative attitudes among local government units. Hopefully, this draft accurately reflects the discussions we have had to date, and if you have any questions or ' comments please feel free to contact me at your convenience. Sincerely, 1 Dave Pokorney City Administrator 1 DP:jai c: Charles LeFevere, Holmes & Graven, 470 Pillsbury Center, Mpls., MN 55402 1 1 1 1 r _ .. � 4 . . 5 ? ? rli l o _ as ...Imp 5• , (" ........_ JY t � LF 1; „ Y .� , • • • �� E I } ALTERNATIVE ONE s -: `1 A ur ASS+ • :iv, .. r •:,..- : 1993 - 1995 e f r1 r ' ° , - A �v„ «as ♦ - trsli . A .* ∎� �: I _ t` �` °.� HIGHWAY IMPROVEMENT PROGRAM •0;P I • • , - - ' i . . I •FOR ' I . 4 7 VICTORIA t - \, 11 t � • = COUNTY HIGHWAY CORRIDORS 1 h '" (` �: '�iw IN •.. -. , -s-- r < . I `� i °�' CHANHASSEN CHASKA r . "k ;. ( midi uASS €�r -1, . 4 - "' . 1 / ` • EAST OF TRUNK HIGHWAY 41 • ,01 CHASKA • . 4 14 . .. 7. ki ik . ii liff. ; I l'A4),..-.IF . . c.:40010 .. i • 3.� .. ■ " .., ■ • ^^ }.� �� ? N'S i Y — ansmasMAaf inx0on Coed t OBI ao au se s t)rdIsy & Shoulder p* % Cool* - � 7 fig �� ! �� ` • Wattle Signal Insla1tstion location z• g �' , ` - •• • • • • • • Development Maki 8eundMt f , a - • ., i"rFi !. �T ., • ''V .x , %- . t: • I.T 1- ,•1. �� MI