3. Rural Service Dist. CITY TO: Todd Gerhardt, City Manager
7700poMarketB0xB°ulevard147 FROM: Bob Generous, Senior Planner ~ 0x/~D, '
Chanhassen, MN 55317 DATE: October 27, 2003
Administration
Phone: 952.227.1100 SUB& Ordinance Amending Chapter 2, Article III, Financial Affairs
Fax: 952.227.1110
ACTION REQUIRED
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190 Approval of the attached ordinance amending Chapter 2, Article 1II, Financial
Affairs (requires 3 affirmative votes) and approval of the resolution (majority of
Engineering
Phone: 952.227.1160 members present) specifying Rural Service District list dated October 1, 2003.
Fax: 952.227.1170
DISCUSSION
Finance
Phone: 952.227.1140
Fax: 952.227.1110 Staff is proposing changes to the following sections of the code (changes are
shown in a strikethrough/bold format):
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110 "Section 2-31. Special Assessments for Certain Services.
Recreation Center
2310 C0ulter Boulevard In addition to any other method authorized by law, the city council may, by
Phone: 952.227.1400 .... 1,,~:,., ordinance, order the performance of any of the services or work
Fax: 952.227.1404
enumerated in Minnesota Statutes section 429.101, subdivision 1. The
Planning & performance by the city of any of the foregoing services or work shall constitute
Natural Resources
a special benefit for which a special assessment for the collection of the cost
Phone: 952.227.1130
Fax: 952.227.1110 thereof may be levied against the property."
Public Works State statute, section 429.101 requires that these assessments be done by
1591 Park Road
Phone: 952.227.1300 ordinance.
Fax: 952.227.1310
"Sec. 2-32. Urban and Rural Service Districts.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110 (a) The city is divided into an urban service district and a rural service district,
constituting separate taxing districts for the purpose of all municipal
Web Site property taxes except those levied for the payment of bonds and judgments
wv,,,v, ci.chanhassen.mn.us
and interest thereon. The urban service district includes all properties within
the Carver County limits in the city except those set forth by ordinance as
the rural service district. The rural service district shall include only such
unplatted lands, which need not be contiguous to one another, as in the
judgment of the council at the time of adoption of the ordinance are rural in
character, and are not developed for commercial, industrial or urban
The City of Chanhassen ,, A growing comrnunily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Todd Gerhardt
October 27, 2003
Page 2
residential purposes, and for these reasons are not benefited to the same
degree as other lands by municipal services financed by general taxation.
The council finds that only property put to the following uses is rural in
character: A parcel on which ninety (90) percent of the tillable land is used
for growing corn, grain, or sfeed crops; a parcel where the principal use is
raising poultry, cattle, sheep, or swine; a parcel which is enrolled in the
Federal Conservation Reserve Program. "Rural in character" specifically
does not include property served by public sewer or water, tree farms,
nurseries, hobby farms, and property whose principal use is residential. A
dwelling on land that does not qualify for taxation under the state
agricultural property tax law shall be considered urban residential.
(b) The city council finds that as of November 13, 1995 October 1, 2003, the
parcels identified on a list dated November 13, 1995 October 1, 2003,
entitled "Rural Service District" on file with the city clerk are in the rural
service district.
(c) Whenever any parcel of land included in the rural service district is platted,
in whole or in part, or whenever application is made for a permit for the
construction of commercial, industrial or urban residential building or
improvement to be situated on such parcel or any part thereof, or whenever
such building or improvement is commenced without a permit, the council
shall make and enter an order by resolution transferring such platted or
improved parcel from the rural service district to the urban service district.
(d) In the judgment of the council, the ratio that exists between the benefits
resulting from tax supported municipal service to parcels in the rural service
district to parcels in the urban service district is~,~,~.~v~,' ~,,-,~m seventy-five (75)
percent, plus any municipal property taxes levied for payments of bonds and
judgments, and interest thereon."
The change to 75 percent was approved by resolution on November 27, 2000.
However, it was not codified as part of the city code. Many of the properties
listed in 1995 have been or are being developed and, therefore, are being
removed from the list. Staff is recommending that all the properties within the
2000 Metropolitan Urban Service Area (MUSA) be removed from the list (these
are shown as hatched on the attached map).
Staff submitted the recommendation to the Rural Service Task Force, consisting
of Steven Berquist, Gayle Degler, Willard Johnson and A1 Klingelhutz, from
1995 for their opinion on these changes. The Rural Service Task Force
recommends that those properties within MUSA that are still primarily farmed
be retained under the rural service designation. They reason that these
properties are undeveloped and therefore are not benefited to the same degree as
Mr. Todd Gerhardt
October 27, 2003
Page 3
other lands by municipal services financed by general taxation as developed
properties are. When these properties are developed, then they should and will
be removed from the rural service district. The list as proposed by the Task
Force members is as follows and is included as part of the resolution:
PID Number Owner
25.0020200 Harold Noterman
25.0220100 Charles W. Mattson *
25.0220700 Charles W. Mattson *
25.0220800 Dean & Lois Degler
25.0221300 Aurora Investment, LLC
25.0221400 Gayle & Lois Degler
25.0230200 State of Minnesota (formerly the Holasek property)
25.0230300 Fox Properties, LP
25.0230400 Dorsey & Dorsey
25.0230500 Jeffrey A. & Terri L. Fox
25.0230700 James A. Curry *
25.0231600 James A. Curry *
25.0232200 William J. & Vicky L. Goers *
25.0232300 Town & Country Homes (formerly Bruce Jeurissen property)
25.0242400 State of Minnesota (formerly A1 & M. J. Klingelhutz property) *
25.0242410 James A. Curry *
25.0242420 A1 & M. J. Klinglehutz *
25.0242600 Klingelhutz Development Co. *
25.0242900 Lawrence C. & Elizabeth Klein
25.0253900 David R. Teich
25.0260600 Gilbert P. & Margaret C. Laurent
25.0262000 Severin H. Peterson
25.0262100 John Klingelhutz
25.0340400 Fenway LP
25.0350100 Emerald Ventures, LLC
25.0350110 Emerald Ventures, LLC
25.0350500 Harold F. Hesse
25.0361800 Darrill Peterson, et al
25.0361900 Darrill Peterson, et al
25.1550020 Timothy A. & Dawne M. Erhart
The following properties have or are being removed from the previous list dated
November 13, 1995, amended January 19, 1996, amended November 27, 2000:
25.0083310 Westwood Community Church (formerly Heritage
Development of MN, Inc.)
250083320 Gregory J. & Claire R. Erickson
Mr. Todd Gerhardt
October 27, 2003
Page 4
25.0090300 John P. Savaryn Estate (Pulte Homes - Arboretum Village)
25.0091700 John. P. Savaryn Estate (Pulte Homes - Arboretum Village)
25.0092800 Mills Properties, Inc. (Puke Homes - Arboretum Village)
25.0101700 Theodore F. & Marlene M. Bentz
25.0136010 Andrew A. Freseth & Lynda W. Williamson
25.0160300 Gateway Partners (Arboretum Business Park)
25.0163100 Minnesota Landscape Arboretum (formerly Gateway Partners)
25.0232100 James D. Wilson
25.0351200 Rain Snow or Shine (formerly Chester Teich property)
Staff recommends that the properties in the list which have an asterisk (*)
behind them, and listed below, also be removed from the list since they are in
the Metropolitan Urban Services Area and are, or can be, served by sewer and
water service. The code states that "Rural in character" specifically does not
include property served by public sewer or water, tree farms, nurseries, hobby
farms, and property whose principal use is residential.
25.0220100 Charles W. Mattson
25.0220700 Charles W. Mattson
25.0230700 James A. Curry
25.0231600 James A. Curry
25.0232200 William J. & Vicky L. Goers
25.0242400 State of Minnesota
25.0242410 James A. Curry
25.0242420 A1 & M. J. Klinglehutz
25.0242600 Klingelhutz Development Co.
RECOMMENDATION
Staff recommends that City Council adopt the following two motions:
"The Chanhassen City Council approves the ordinance amending Chapter 2,
Article III, Financial Affairs and the summary ordinance."
And,
"The Chanhassen City Council approves the resolution specifying property
within Rural Service District Dated October 1, 2003."
ATTACHMENTS
1. Ordinance Amending Chapter 2, Article 1/I, Financial Affairs
2. Summary Ordinance
3. Resolution specifying Rural Services District List Dated October 1, 2003
4. Notice of Public Hearing and Mailing List
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,
ARTICLE IH, FINANCIAL AFFAIRS
CHANHASSEN CITY CODE,
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 2-31 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
In addition to any other method authorized by law, the city council may, by ordinance,
order the performance of any of the services or work enumerated in Minnesota Statutes
section 429.101, subdivision 1. The performance by the city of any of the foregoing
services or work shall constitute a special benefit for which a special assessment for the
collection of the cost thereof may be levied against the property.
Section 2. Section 2-32 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The city is divided into an urban service district and a rural service district, constituting
separate taxing districts for the purpose of all municipal property taxes except those
levied for the payment of bonds and judgments and interest thereon. The urban service
district includes all properties within the Carver County limits in the city except those set
forth by ordinance as the rural service district. The rural service district shall include only
such unplatted lands, which need not be contiguous to one another, as in the judgment of
the council at the time of adoption of the ordinance are rural in character, and are not
developed for commercial, industrial or urban residential purposes, and for these reasons
are not benefited to the same degree as other lands by municipal services financed by
general taxation. The council finds that only property put to the following uses is rural in
character: A parcel on which ninety (90) percent of the tillable land is used for growing
corn, grain, or feed crops; a parcel where the principal use is raising poultry, cattle, sheep,
or swine; a parcel which is enrolled in the Federal Conservation Reserve Program. "Rural
in character" specifically does not include property served by public sewer or water, tree
farms, nurseries, hobby farms, and property whose principal use is residential. A dwelling
on land that does not qualify for taxation under the state agricultural property tax law
shall be considered urban residential.
The city council finds that as of October 1, 2003, the parcels identified on a list dated
October 1, 2003, entitled "Rural Service Districts" on file with the city clerk are in the
rural service district.
Whenever any parcel of land included in the rural service district is platted, in whole or in
part, or whenever application is made for a permit for the construction of commercial,
industrial or urban residential building or improvement to be situated on such parcel or
any part thereof, or whenever such building or improvement is commenced without a
permit, the council shall make and enter an order by resolution transferring such platted
or improved parcel from the rural service district to the urban service district.
In the judgement of the council, the ratio that exists between the benefits resulting from
tax supported municipal service to parcels in the rural service district to parcels in the
urban service district is seventy-five (75) percent, plus any municipal property taxes
levied for payments of bonds and judgements, and interest thereon.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of ,2003, by the
City Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
This ordinance amends City Code Chapter 2, Article m, Section 2-31 is being amended as
follows: The City Council may, by ordinance, order the performance of any of the services or work
enumerated in Minnesota Statutes Section 429.101, Subdivision 1. Chapter 2, Article llI,
Section 2-32 is being amended as follows: Noting that feed crops may be part of the tillable
acreage, stating that parcels identified on a list dated October 1, 2003, entitled "Rural Service
Districts" are included in the district, and establishing the ratio that exists between the benefits
resulting from tax supported municipal service to parcels in the rural service district to parcels in
the urban service district is seventy-five (75) percent.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 27th day of
October, 2003 by the City Council of the City of Chanhassen, Minnesota.
CITY OF CHANHASSEN
Todd Gerhardt, City Manager
(Publish in the Chanhassen Villager on )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO: 2003-
~VIOTION BY: SECONDED BY:
A RESOLUTION ESTABLISHING THE LIST OF RURAL SERVICE DISTRICT
PROPERTIES
WHEREAS, the City of Chanhassen has established rural and urban service districts, and
WHEREAS, the City of Chanhassen must determine those properties which shall be
located within the rural service district.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
specifies the properties in Exhibit 1 as the properties within the rural service district.
Passed and adopted by the Chanhassen City Council this 27th day of November, 2003.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
EXHIBIT 1
LIST OF PROPERTIES IN THE RURAL SERVICE DISTRICT
October 1, 2003
PD Number Owner
25.0020200 Harold Noterman
25.0220100 Charles W. Mattson *
25.0220700 Charles W. Mattson *
25.0220800 Dean & Lois Degler
25.0221300 Aurora Investment, LLC
25.0221400 Gayle & Lois Degler
25.0230200 State of Minnesota
25.0230300 Fox Properties, LP
25.0230400 Dorsey & Dorsey
25.0230500 Jeffrey A. & Terri L. Fox
25.0230700 James A. Curry *
25.0231600 James A. Curry *
25.0232200 William J. & Vicky L. Goers *
25.0232300 Town & Country Homes
25.0242400 State of Minnesota *
25.0242410 James A. Curry *
25.0242420 A1 & M. J. Klinglehutz *
25.0242600 Klinglehutz Development Co. *
25.0242900 Lawrence C. & Elizabeth Klein
25.0253900 David R. Teich
25.0260600 Gilbert P. & Margaret C. Laurent
25.0262000 Severin H. Peterson
25.0262100 John Klinglehutz
25.0340400 Fenway LP
25.0350100 Emerald Ventures, 1J.C
25.0350110 Emerald Ventures, LLC
25.0350500 Harold F. Hesse
25.0361800 Darrill Peterson, et al
25.0361900 Darrill Peterson, et al
25.1550020 Timothy A. & Dawne M. Erhart
Rural Service District Lots
250230300
250350110 ::i}::1- 2503501 '10 ~t
250020200:
2003
CITYOF October 15, 2003
Clt/tNI SElq
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317 Dear Resident:
Administrati0n
Phone:952,227.1100 The City of Chanhassen would like to personally inform you about an upcoming
Fax:952.227.1110 public hearing regarding the "Rural Service District" which is scheduled for
Building Inspections Monday, October 27, 2003 at 7:00 p.m. in the City Hall Council Chambers:
Phone: 952.227.1180
Fax: 952.227.1190
Engineering NOTICE OF PUBLIC HEARING
Phone: 952.227.1100 PROPOSED ORDINANCE AMENDMENT
Fax: 952.227.1170 CITY OF CHANHASSEN
Finance
Ph0ne: 952.227.1140 NOTICE IS HEREBY GIVEN that the Chanhassen
Fax: 952.227.1110 City Council will hold a public hearing on Monday,
Park & Recreation October 27, 2003 at 7:00 p.m. in the Council Chambers in
Phone: 952.227.1120 Chanhassen City Hall, 7700 Market Boulevard. The
Fax: 952.227.1110
purpose of this hearing is to consider amendments to
Recreation Center Chapter 2, Article III, Financial Affairs, regarding parcels
2310 Coulter Boulevard
Phone: 952.227.1400 identified as being in the "Rural Service District."
Fax: 952.227.1404
Planning &
Natural Resources Please feel free to attend this meeting or contact me at 952-227-1131 or by e-mail
Phone: 952.227.1130 at bgenerous @ci.chanhassen.mn.us if you have any questions or comments.
Fax: 952,227.1110
Public Works ~~,Sincerel,
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center Robert Generous
Phone: 952.227.1125
[ax: 952.227.1110 Senior Planner
Web Site
~awJ. ci.chanhassen,mn.us
The City of Chanhassen. A growing community wilh clean lakes, quality schools, a charming downtown, lhriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Smooth Feed SheetsTM Use template for 5160®
PETERSON REVOCABLE TRUST DEAN & LOIS DEGLER ~- GILBERT P & MARGARET C LAURENT
CIO GRETCHEN STARKS TRUSTEE OF TRUST 'TRUSTEES OF TRUSTS
3301 TANADOONA DR 9111 AUDUBON RD i24760 CEDAR POINT RD
EXCELSIOR MN 55331 CHANHASSEN MN 55317 NEW PRAGUE MN 56071
- "".,.., ' ..i '? ' :~ GAYLE & LOIS DEGLER ~'PETERSON-JACQUES FARM LAND CO
.... ' < 1630 LYMAN BLVD CIO SEVERIN H PETERSON JR
t.~ ',, . ~.~ , CHANHASSEN MN 55317 15900 FLYING CLOUD DR
~ EDEN PRAIRIE MN 55347
~"DORSEY & -?/L.
STATE OF MINNESOTA ~ DOT DORSEY ~ JOHN D & DURENE KLINGELHUTZ
395 JOHN IRELAND BLVD 1551 LYMAN BLVD : CIO KLINGELHUTZ CONST CO
631 TRANSPORTATION BLDG . CHANHASSEN MN 55317 350 HWY 212 E
ST PAUL MN 55155 : CHASKA MN 55318
CHARLES W MATTSON "~JEFFREY A & TERRI L FOX ' DAVID R TEICH
2870 WHEELER ST N TRUSTEES OF TRUST FUND 1217 MONROE ST S
ROSEVILLE MN 55113 5270 HOWARDS POINT RD ' SHAKOPEE MN 55379
EXCELSIOR MN 55331
WILLIAM J & VICKY L GOERS STATE OF MINNESOTA - DOT '/~HAROLD F HESSE
1601 LYMAN BLVD 395 JOHN IRELAND
B~[._VD ~ 1425 BLUFF CREEK DR
CHANHASSEN MN 55317 631 TRANSPO~.,.~R,T'A'TION BLDG ~ :CHASKA MN 55318
ST PAU~ MN 55155
CHARLES W MATTSON ~LAWRENCE C & ELIZABETH KLEIN ~'EMERALD' VENTURES LLC
2870 WHEELER ST..~ 9170 GREAT PLAINS BLVD ~ PO BOX 260
ROSEVILLE ~ MN 55113 CHANHASSEN MN 55317 ' CHASKA MN 55318
JAMES A CURRY AURORA INVESTMENTS LLC '~ FENWAY LTD PTRSHP
6105 EDEN PRAIRIE RD ~ 5215 EDINA INDUST BLVD ~ BOX 260
#17 ~ SUITE 100 CHASKA MN 55318
EDINA MN 55436 MINNEAPOLIS MN 55439
JAMES A CURRY FOX PROPERTIES LP EMERALD VENTURES LLC
6105 EDEN PRAI~ 27990 SMITHTOWN RD PO BOX 260 ~
#17 ~ EXCELSIOR MN 55331 CHASKA~..,~~- MN 55318
EDINA~' MN 55436 i:
KLINGELHUTZ DEVELOPMENT CO ~.'''/: TIMOTHY A & DAWNE M ERHART '~"~ PETERSON FARM HOLDING NO 3 LLP
350 HWY 212 E ' 9611 MEADOWLARK LN .& JOAN CHEVALIER
PO BOX 89 CHANHASSEN MN 55317 15900 FLYING CLOUD DR
CHASKA MN 55318 : EDEN PRAIRIE MN 55347
STATE OF MINNESOTA - DOT 'I'TOWN & COUNTRY HOMES INC :~"PETERSON FARM HOLDING #3 ETAL
395 JOHN [~~ ~ 7615 SMETANA LN 15900 FLYING CLOUD DR
631.~.RA'IqSPORTATION BLDG SUITE 180 i EDEN PRAIRIE MN 55347
ST PAUL MN 55155 EDEN PRAIRIE MN 55344
~ AVERY® Address Labels Laser 5160®
®091~S
tALBERT A NOTERMANN TRUST &
~ETERSON FARM HOLDING NO 2 LP
15900 FLYING CLOUD DR
--DEN PRAIRIE MN 55347
AL KLINGELHUTZ
BGO0 GBEAT I~LAINS BLVD.
7207 FRONTIER TRAIL
CHANHASSEN, MN 55317
WILLARD JOHNSON
1660 UEST 63RD STREET
EXCELSIOR, MN 55331