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Correspondence Section
Correspondence AMM Fax News dated July 17 - 21, 2000. Class Rate Percentages of Real Property by Property Type- Taxes Payable 1997 and 1998. Fire/Rescue Calls for Week of July 17 -July 23, 2000. Memo from Chuck Gabrielson, Gateway dated July 24, 2000. Memo from Suburban Transit Association dated July 21, 2000. Memo from Scott Botcher re: AMM/Citizens League re: TIF dated July 27, 2000. Note from Bob Midness dated July 20, 2000. Dist 112 Fields Task Force Meeting Notes dated July 11, 2000. Letter to Guy Peterson dated July 26, 2000. Letter to Megan Orr and attached list dated July 26, 2000. AMM Fax News dated July 24 - 28, 2000. Article fi'om Lakeshore Weekly News dated July 27, 2000. Letter from Elwyn Tinklenberg, MnDOT dated July 11, 2000. Letter to C. Scott Massie dated July 28, 2000. Fire/Rescue Calls for the Week of July 24 - 30, 2000. AMM Fax News dated July 31 - August 4, 2000. Letter fi'om Gary Doty, President Minnesota Cities dated August 3, 2000. Press Release from Sheriff Bud Olson dated August 4, 2000. Memo from Scott Botcher re: Community Oriented Police Services Grant dated August 2, 2000. Memo from Scott Botcher re: August 1st Letter from Moss & Barnett dated August 2, 2000. Memo from Scott Botcher re: PERA Funding Options dated August 2, 2000. Dist. 112 Fields Task Force Meeting Notes dated July 25, 2000. Letter from Lori Juelich dated August 3, 2000. Memo from Lori Haak re:RPBCWD Proposed Plan Amendment dated August 7, 2000. Letter from League of Minnesota Cities dated August 3, 3000. Memo from Lori Haak re: Papke Property - 3650 Hwy 5 dated August 8, 2000. Jul 2B Z888 1G:SS:SB Via Fax -> GiZ 937 5739 Sco~ Botcher AMM FAX NE July 17-21, 2000 CC,', Page 881 Of flfll Association Hunicipalides Met Council staff presents budget In anticipation of the formal budget presentation in August, Metropolitan Council staff presented an overview of the Council's 2001 General Fund Budget and tax levy. The general fund, which includes the Regional Administration and the Community Development Division has a 2000 budget of $29.0 million. The proposed 2001 budget is $31.3 million, or a 7.8 percent increase. Expenditures ddving the cost in- creases are salaries and "Smart Growth" initiatives. The general fund budget accounts for less than 10 percent of the Council's annual budget. The total 2000 Council levy was $129.0 million. The 2001 preliminary levy is estimated to be $137.6 million, or approximately $3.0 million below the Council's combined levy limit. The Important TI F dates approach TTWO important dates regarding IF will impact cities with districts. First, the annual reports to the Office of the State Auditor (OSA) for all districts are due by Aug. 1. Secondly, a statutory provision related to the duration of districts created pdor to Aug. 1, 1979 becomes operative on Apdl 1, 2001. Minnesota Statutes 469.176 subdivi- sion lc states that after April 1, 2001, increment from a district certified prior to Aug. 1, 1979 can only be used for debt service payments for bonds issued before Apdl 1, 1990. Bonds Wastewater rates likely to be adopted The staff of the Metropolitan Council Environmental Services (MCES) Division has proposed that the adopted wastewater rates for 2001 be adopted, but that the rates for subsequent years not be approved atthis time. Prior to the 2002 budget, the MCES will meet with cities to review the multi- year rate schedule. issued to refund the pre-April 1, 1990 bonds are also included in the defini- tion of bonds. In effect, after April 1, 2001 a pre-1979 district will not receive any new increment and not authorize new expenditures with TIF from the district. If you have a pre-1979 district, please review the application of the provision to your district(s). The AMM has requested the OSA to notify cities and county auditors of the provision. preliminary 2001 levy is a $8.6 million or a 6.62 percent increase over the 2000 levy. Of the total increase, $6.8 million is for transit operations and $1.2 million is for debt service. The proposed unified operating budget will be presented to the Metro- politan Council on Aug. 16 and the Truth-in-Taxation headng is scheduled for Dec. 6. New administrator to be appointed sometime this fall Applications for the Met Council egional administrator job were due July 17. Approximately 20 applications have been received. The selection committee will begin meeting on Aug. 9. A new adminis- trator should be recommended to the furl Council by Sept. 30. AMM, LMC to respond to TIF report Twhe Senate Property Tax Division ill conduct a TIF hearing on Wednesday, July 26 at 2 p.m. in Room 15 of the Capitol to discuss the recent Citizens' League TIF Report. TheAMM and LMC staff will participate in a panel discussion that will react to the report and related editorial by Citizens' League Executive Director Lyle Wray. The report analyzes the annual property tax abstract prepared by the county auditors. The report based its conclusions on the total annual data and did not segregate the data by such factors as year of certification or district type. The report concludes that TIF is growing in terms of new districts and market value within the district. The editorial suggests that TIF should be part of a coordinated regional economic development strategy and job training should be a major focus of the strategy. The AMM and LMC staff will attempt to show the division members that legislative changes have resulted in TIF use that has resulted in smaller districts with a focus on housing and redevelop- ment. JUL. 14.2000 9 03AM EHLERS & ASSOCIATES NO. 0624 P. 2 JUL. ~4. 2000 9'03AM EHLERS & ASSOCIATES NO, 0624 P, 3 -~ -~ ~ T/1= Basics lExkiblt A - 2 '~ og ..,~ JUL. J4,2000 9'03AM EHLERS & ASSOCIATES ii Ill NO. 0624 P. 4 TIF Basics Exhibit A - 3 JUL. J4.2000 9'03AM EHLERS & ASSOCIATES N0,0624 P. 5 JUL. ]4, 2000 9'04AM EHLERS &ASSOCIATES NO. 0624 P. 6 JUL, 14.2000 9'04AM EHLERS & ASSOCIATES N0,0624 P, 7 JUL. 14.20~O 9'04AM EHLERS & ASSOCIATES N0.0624 P. 8 JUL. 14.~OOO ~'U4AM EHLERS & ASSOCIATES N0.0624 P. 9 CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 17, - JULY 23, 2000 MoB Tues Tues Weds Weds Weds Thurs Thurs Fri Fri Fri Fri Fri Sat Sat Sat Sun Sun Sun Sun July 17 5:05 PM July 18 12:llPM July 18 2:14 PM July 19 6:11 AM July 19 8:09 PM July 19 9:36 PM July 20 10:49 PM July 20 3:44 PM July 21 9:22 AM July 21 12:12 PM July 21 8:53 PM July21 9:14 PM Jul5' 21 10:39 PM July 22 3:56 AM July 22 10:55 AM July 22 4:19 PM July 23 7:37 AM July 23 12:55 PM July 23 2:54 PM July 23 5:12 PM West 78th Street West 78~h Street Excelsior Fire Dept Eden Prairie Fire Dept Century Boulevard Dakota Circle Kiowa Trail Pontiac Circle Stoughton Avenue Cbaska Fire Department Kiowa Trail Mission Hills Court Pontiac Lane Utica Terrace Dogwood Highway 5 & Galpin Blvd Stratton Court Wood Duck Lane Willow Creek Coulter Boulevard Fire alarm - false alarm, no fire Medical - person fell Mutual aid - house fire Mutual aid - house fire Bicycle accident Medical - possible heart attack Carbon Monoxide alarm Medical - possible stroke Medical - chest pains Mutual aid - chemical odor Medical - back injury Medical - seizures Medical - trouble breathing Check smoke in the area - unfounded Medical - head injury Car accident with injuries Medical - dislocated ankle Medical - trouble breathing Electrical fire Car fire ateway To: The City of Chanhassen and The Minnesota Department of Transportation From: Chuck Gabrielson, Executive Director, MABSSCO Re: The property at 2600 Arboretum Boulevard (Highway 5) in Chanhassen To Whom It May Concern: I have been in discussion with my Board of Directors concerning the taking of property, both permanent and temporary, and the unavoidable negative impact such would have on our Gateway Group Home program. We have decided that I should proceed with notification that it is our belief that we will not be able to continue to operate our program as it currently is with the changes forthcoming. It is our position that we will need to relocate to a similar site in Chanhassen. Therefore, it will be our position that our entire property and buildings (all of which are in full use) will need to be purchased at a rate necessary to relocate us, build comparable facilities and, if necessary, septic and water systems. Should you have any questions, please contact me at (952) 474-4786. P.O. Box 10 Chanhassen, M N 55317, 2600 Arborehon Blvd. Excelsior; M N 55331 G~ltcu',~tt is ,~ p*oicd of MABSSCQ Ithc ,\'h~t ,\ntc~i~ul B~*lq~st %ocial Sera'icc Co~por~llio~t). SUBURBAN TRANSIT 2 kSSOCIATION League of Minnesota Cities Building 145 University Avenue West, Suite 450 St. Paul, Minnesota 55103 Telephone: (651) 228-9757 Facsimile: (651) 228-9787 TO: FROM: DATE: RE: Suburban Transit Association (STA) City Managers/Administrators Tom Poul, Bob Renner and Bill Schreiber STA Legislative Consultants July 21, 2000 2000 Legislative Update Please find enclosed a brief summary of transit and transportation related developments that transpired during the 2000 legislative session. You may want to include this summary in an informational packet for your council members. In a nutshell, funding for transit was dearly not a priority at the Legislature this year. However, there were a number of significant policy issues raised this year that are likely to come up again during the 2001 session. A full legislative report with relevant statutory language included was sent to STA Board members. If you would like a copy of this report for your records, please do not hesitate to contact Liz Shields at 651/228-9757 or Eshields(D. mandklaw.com. Thank you. Members: Maple Grove Transit, Minnesota Valley Transit Authority, Plymouth Area Transit, Shakopee Area Transit, Southwest Metro Transit Commission LAWS ENACTED REGARDING TRANSPORTATION AND TRANSIT OMNIBUS TRANSPORTATION FINANCE BILL The Metropolitan Council will receive $20 million for transit purposes, including $10 million for construction of a bus garage; $6.3 million for engineering, design, and construction of a bus transitway; and $3.7 million as supplemental operating revenue for Metro Transit. An appropriation of $872,000 will allow Greater Minnesota transit service providers to acquire rolling stock and intelligent transportation system technologies. Priority must be given to projects with matching federal funds. Up to $450,000 of this appropriation may be used for transit operating assistance. in addition to The $6.3 million appropriated to the Metropolitan Council for a bus transitway, $5 million is appropriated to MnDOT for construction of bus transitways and highway-related transit advantages, such as shoulder lanes for buses. There are two provisions in the Omnibus Transportation Finance Bill relating to light rail transit (LRT): 1) Authorization for the Metropolitan Council to sell or lease naming rights for LRT stations and apply the revenue to LRT operating costs; and 2) A prohibition from applying for federal funds for LRT other than federal funds earmarked for transit capital projects. Two provisions in this bill relate to commuter rail transit: 1) An appropriation of $100,000 to study the feasibility of extending to Little Falls the. Northstar commuter rail corridor (contingent upon matching federal funds); and 2) A prohibition from spending state funds on commuter rail unless the funds are specifically appropriated for that purpose by the Legislature. A provision in the Omnibus Transportation Finance Bill creates a "Major Transportation Projects Commission" (MPTC), which will serve as a review board for transportation projects funded by the state that cost more than $5 million. The MPTC will consist of the Governor, four gubernatorial appointees, seven senators and seven representatives. Appropriations for road improvements included in the following: 1) $100 million in bond proceeds for reconstruction and replacement of key bridges on the state trunk highway system and for improvement of at-risk interregional corridors; 2) $177 million for improvement and maintenance of the interregional highway corridor system outside the seven county metropolitan area; 3) $177 million to eliminate one or more bottlenecks within the seven county metropolitan area; 4) $30 million for local roads; 5) $39 million for the Local Bridge program; 6) $15 million for the Transportation Revolving Loan Fund for right-of- way acquisition; 7) $5 million for the Rail Service Program; and 8) $2 million for Port Development. The Omnibus Transportation Finance Bill contains provisions requiring two new studies over the course of the year. First, MnDOT will study the effectiveness of ramp meters by turning them off for a period of time. Second, the Met Council will report to the Legislature on the future of Metro Mobility. OMNIBUS TAX BILL Perhaps the most high-profile provision in the 2000 Tax Bill is the Governor's tab fee reduction initiative. All vehicle owners will still pay 100% of 1.25% of the vehicle's base value in the first year. However, the maximum fee in the second year will be $189. In the third year of vehicle ownership, the maximum fee will drop to $99. Any vehicle that does not reach that threshold will not receive a reduction in registration fees. This provision is effective July 1, 2000. A provision authored by Representative Dan McEIroy will allow businesses to take a state income tax credit equal to 30 percent of the cost incurred to provide transit passes to employees at zero or reduced cost. Transit supporters and the STA strongly supported this legislation when it was introduced last year, and worked to ensure its passage in the 2000 session. PUBLIC FINANCE BILL The STA was keenly interested in several provisions contained in the Public Finance Bill, which was one of the final pieces of legislation passed during the 2000 session. The bill includes $19.4 million in regional bonding authority for the Metropolitan Council. Opt-out' projects to be funded through this authorization include two park-and-ride lot expansions for Minnesota Valley Transit Authority (MVTA) and one for South Metro Transit Commission (SMTC) totaling $3.4 million. The remaining $16 million will fund Metro Transit fleet replacement and transit stations. The Public Finance Bill also includes language that makes the cities of Minnetonka and Shorewood eligible to become opt-out transit service providers any time before June 30, 2003. OMNIBUS BONDING BILL The Omnibus Bonding Bill contains two provisions of interest to transit organizations. First, $44 million is appropriated for the Metropolitan Council for engineering, design and construction of an exclusive bus transitway. $25 million of this amount is appropriated for fiscal year 2001, and $19 million will be available for fiscal year 2002. This funding was left over from the Governor's share of the surplus after his tab fee reduction initiative was funded. The second provision of interest repeals the cost-benefit analysis/positive benefit to the public requirement for any contract or purchase over $5,000,000. Created by the Suburban Transit Association July 21, 2000 Contact: Tom Poul 651/228-9757 CITYOF 690 G0, Co,mr Drive, PO Box 147 C~,~hasso~, 3lin~mota 55317 Pho~e 612.93Z I900 (;(we~d E~.r 612.93~ 5739 E~gi~ecr3~g Fax 612.9379152 h~b/ic S,¢~O, Fax 612.934.2524 MEMORANDUM TO: FROM: Mayor City Council Scott A. Botcher, City Manager DATE: .luly 27, 2000 SUBJ: AMM/Citizens League re: TIF You should have in your packet a memo from AMM. In this memo, there is an article about TIF and AMM's participation in a panel presentation before the Senate Tax Committee. In it, the author references a Citizens League Report on TIF. Attached is a copy for your review. Some good information... Thanks. Jul 26 2000 15:44:49 ~ia Fax AMM FAX NE July 24-28, 2000 -> GiZ 93? 5739 Scott Botcher Page tiff! Of tiff! Association of Hetropolitan Hunicipalities Metro transportation budget has $8 M gap TThe Metropolitan Council's ransportation Committee discussed the Transportation Division's 2001 budget this week and learned that primarily due to fuel and wage increases, the preliminary figures have a revenue gap of approximately $8.0 million. To close the gap the staff pre- sented three policy options that include increasing state funds above current levels, raising fares and/or reducing service. The committee did not take any action but intends to discuss the policy options at its July 31 meeting. The staff also reported that to balance the 2000 budget, the operating budget reserve may be needed. The increase in fuel and wages are also driving the costs of the current year budget. AMM to present TIF analysis before Senate committee The AMM, the League of Minne- sota Cities (LMC) and Minne- sota Solutions staffwill participate in a panel presentation before the Senate Tax Committee Wednes- day afternoon analyzing the recent Citizens' League report on Tax Increment Financing (TIF). The panelists will present TIF information by type of district and by timeframes that correspond to legislative actions (pre-1979, pre- 1990 and post-1990). A similar analysis was included in the 1996 Legislative Auditor's TIF Report. The analysis to be presented today will use the 1996 format and data as a benchmark to compare the 1999 data. A preliminary review of the data indicates that the size of district in terms of captured value and number of parcels is less for the post-1990 districts as compared to the previous districts. The analysis also finds that approximately 59 percent of the total captured value in all districts for 1999 is in districts certified prior to Dec. 31, 1985. In fact, 83 percent of all captured value is in districts established prior to April 1,1990, the effective date for most of the post-1990 amendments. There are 1,036 districts estab- lished after April 1, 1990. The districts account for 54 percent of all established districts and 17 percent of all captured value. AMM sponsors conference with shopping centers organization The International Council of Shopping Centers (ICSC), in cooperation with the AMM and the Economic Development Association of Minnesota (EDAM), is sponsor- ing a half-day conference on Tuesday, Aug. 8 related to public private partnerships. The program is intended to present an opportunity for city officials, developers and planning professionals to meet and ex- change views on community development and redevelopment. The meeting, which will be held at the Minneapolis Hilton, will consist of several general sessions and workshops. Presenters will include mayors (Minneapolis and Blaine), city staff (Burnsville), planners, association staff, archi- tects, demographers and local business officials. A unique aspect of the program is the "Development Opportunities" section. The section displays infor- mation (graphic, schematics, bro- chures) about sites and develop- ment opportunities in the region. To register for the conference please contact Jennifer Bredin at 646-723-3636 or go on-line at www. ICSC.org. If you want to partici- pate in the "Development Opportuni- ties'' program, please call Gene Ranieri at 651-215-4001. Citizens League I Minnesota Journal-- June 2000 Page 1 of 5 Minnesota Journal TIF districts increasing, despite debate over use by Dana Schroeder Use of tax-increment financingj[TID -- a financing tool for attracting development or redevelopment -- continues to grow in Minnesota, despite recent discussion in several cities about the proper amount of its use and whether the public benefits gained from development justify the subsidies to businesses paid through TIF districts. The number of districts grew at a healthy pace statewide in tax year 1999, while the number of communities using TIF increased by a handful. While the number of districts was growing, the amount of tax base "captured" by TIF districts -- or set aside to pay development costs -- declined statewide and in the nonmetro communities, but grew in the seven-county metro area in 1999 (the most recent data available). The uneven patterns of growth and decline are likely due to a legislative change which reduces the way commercial-industrial (C-I) property is valued for taxation mixed with the strong metro economy's effect on C-I values. These are some of the findings of the Citizens League's annual analysis of TIF use in Minnesota. Both the number of communities using TIF and the number of TIF districts have grown every year since 1986. The number of TIF districts with "captured value" -- tax base set aside to pay development costs -- grew by 133 to 1750 in 1999, an increase of 8.2 percent, while the number of communities with TIF districts grew by only five this year. As Chart 1 shows, the number of TIF districts has grown at a far faster rate than the number of communities using TIF. The tax base captured in TIF districts in 1999 amounted to $222,856,233, or 6.19 percent of the state's total property tax base of more than $3.6 billion. This is about the same as the 1998 percentage (6.23 percent), but lower than the peak of 6.7 percent reached in 1993 and 1994. Mix of decline, growth in TIF tax base The amount of tax base set aside in TIF declined for the second year in a row in 1999, dropping by 1.4 percent. TIF captured tax base declined by nearly 12 percent in the nonmetro area, but grew by 1.6 percent in the metro area, as Tables 1_ and 2_ show. Statewide, the market value of all types of property grew at a healthy pace -- 7.5 percent -- from $200.8 billion in 1998 to $215.9 billion in 1999. But the Legislature reduced the rates at which C-I and some other types of property are valued for taxation. So the taxable value, or tax capacity, of the state's property declined by 0.80 percent, even as its market value was growing. Both the metro and nonmetro areas experienced a decline in total tax http://www.citizensleague.net/mj/2OOO/O6/tif, htm 7/26/00 Citizens League I Minnesota Journal-- June 2000 Page 2 of 5 base between 1998 and 1999. The change in taxable value of C-I property, which would have the largest effect on TIF value, was particularly large. For example, a commercial building with a market value in both 1998 and 1999 of $1 million would decline in taxable value from $38,050 in 1998 to $33,425 in 1999, or 12.2 percent. The growth in the metro area TIF captured tax base is likely due both to a growing number of TIF districts and strong metro growth in C-I market values. The drop in TIF captured value experienced by a number of cities has had some state and local officials concerned that some TIF districts might not be able to meet their scheduled bond payments, since existing projects were based on the valuation rates in effect when the projects were created. A $7 million grant program created in 1997 to help cities in that situation has only seen requests for $2 to $3 million in grants, according to Joel Michael of the Minnesota House Research Department. "That concern has dissipated," he said, "because of the strong economy, which has overcome the lower class rates." He believes the $7 million fund will be adequate to address any problems TIF districts may have. TIF costs, benefits Recent discussions have once again raised the mixed feelings various public officials have about TIF. Minneapolis City Council Member Sandy Colvin Roy and city Finance Director John Moir have raised concerns about the city's heavy use of TIF -- by far the most aggressive user of TIF in the state over the years. City officials have now agreed to undertake a review of Minneapolis's TIF use. And the use of TIF by Richfield to lure Best Buy Company to build its headquarters there caused a few legislators to question whether the price paid by Richfield to lure the headquarters there is worth the cost, Michael said. But, he said, there was no real groundswell to reexamine TIF in light of the situation. He said it's likely Best Buy would have kept its headquarters somewhere in the metro area, but they likely would have built further out than Richfield. If we favor more compact, close-in development, then, perhaps, an argument could be made that the TIF money is well spent, Michael said. Michael said communities must do a "but for" test in order to approve TIF development -- that is, prove this development would not have taken place without the public subsidy. But cities do not have to do a cost-benefit analysis, he said, to look at whether the price paid for a development is worth the public good received in return. He suggested that perhaps the Metropolitan Council could do such analyses. Legislators have "kicked around" the idea of requiring cost-benefit analyses of cities wanting to create TIF districts. The cities' response? "They turn pale," Michael said. Michael said he hears some general skepticism about whether Minneapolis is serious about curtailing its TIF use. He noted two factors that make it unlikely: First, he said, raising $1 of tax-increment money costs the city less than 40 cents, assuming they're displacing business that would have occurred elsewhere. The lower cost comes from taxes paid for the increment by other jurisdictions, such as the county, and the state aid that basically holds schools http://www.citizenslcague.net/mj/2OOO/O6/tifihtm 7/26/00 Citizens League I Minnesota Journal-- June 2000 Page 3 of 5 harmless from the impact of TIF. In addition, he noted Minneapolis has a strong institutional voice in its Community Development Agency whose very existence depends on advocating for TIF. TIF districts While the number of TIF districts grew by 133, or 8.2 percent, statewide, the seven-county metro area saw a net increase of 36 TIF districts, from 591 to 627, a 6.1 percent increase. Nonmetro districts grew by 9.5 percent, from 1,026 to 1,123, an increase of 97 districts. (See Table _2.) As of 1999, 409 communities--in 84 of the state's 87 counties--had TIF districts with captured value, a net increase of five communities from 1998. According to the State Auditor's Office, there were 2,145 TIF districts in the state required to file reports, but only 1,750 of the districts captured some tax-base value in 1999. The average district contained captured value of $127,346. Communities in the seven-county metro area contained a disproportionate share of tax base captured in TIF districts. While the metro area contained 63 percent of the state's tax base, it contained 80 percent of the tax base captured in TIF districts. Metro area TIF districts, on average, are nearly seven times larger than nonmetro districts, with the average metro-area TIF district containing captured tax base of $282,737, and the average nonmetro TIF district, $40,588. (_S~_e Table 1_) But interestingly, a glance at the nonmetro counties listed in Table lA shows that several counties in the outlying developing ring of the Twin Cities -- Goodhue, Rice, Sherburne and Wright -- are among the heaviest nonmetro users of TIF. Rapidly growing Olmsted County (Rochester) and Stearns County (St. Cloud) are also high on the list. Cities using TIF The 409 Minnesota communities with TIF districts with captured value in 1999 averaged four districts each, with an average of $554,881 in captured TIF value for each community. The 97 metro cities with TIF districts averaged 6.5 districts per city and captured TIF value of $1,827,591 per city. In the metro area the captured TIF value amounted to 7.81 percent of the area's taxable value. The 306 nonmetro communities with TIF districts averaged 3.5 districts each, with an average of $146,089 in TIF value for each community. The TIF captured value amounted to 3.43 percent of the nonmetro taxable value. Forty-eight of the 409 communities with TIF districts had $1 million or more of their 1999 tax base captured in TIF districts, seven less than last year. All but five of these communities are in the seven-county metro area; 17 of them are located in Hennepin County. The five cities with the highest TIF tax base were Minneapolis, $43.7 million; Bloomington, $15.7 million; St. Paul, $11.9 million; Brooklyn Park, $7.2 million; and Duluth, $6.3 million. (See_Table 3_) Although TIF districts in Greater Minnesota tend to have lower values, a number of http://www.citizensleague.net/mj/2OOO/O6/tif, htm 7/26/00 Citizens League [ Minnesota Joumal-- June 2000 Page 4 of 5 nonmetro communities have a large percentage of their tax base tied up in TIF districts. In 1999, 111 communities statewide had more than 10 percent of their tax base captured in TIF districts--73 in Greater Minnesota and 38 in the metro area. Eleven of these communities-4hree metro and eight nonmetro--had more than one quarter of their tax base tied up in TIF districts. (See Table 4) Minneapolis had 14.04 percent of its tax base captured in TIF districts (ranking 14th among the 38 metro cities over 10 percent); and St. Paul had 8.03 percent. Net TIF taxes The net TIF taxes -- the "tax increment" actualty available to pay off development costs-- amounted to $289.9 million statewide in 1999, $231.1 million in the metro area and $58.8 million nonmetro. That was a slight increase statewide (0.9 percent), an increase of $7.7 million in the metro area (up 3.5 percent) and a decrease of $2.6 million, or nearly eight percent, in nonmetro communities. TIF taxes are a sizeable chunk of development subsidies being financed indirectly by property taxpayers. To put the taxes in context, statewide net TIF taxes in 1999 amounted to over one-third of taxes levied by cities and townships for all other purposes. Looking at the net taxes per district shows the impact of reductions in the taxable value of C-I property. · Statewide, the net TIF tax per district declined by 6.8 percent to $165,674. · In the metro area, the net TIF tax per district declined by 2.5 percent to $368,551. · In nonmetro communities, the net TIF tax per district declined by 15.9 percent to $52,403. Abatement alternative Concerns over the perceived misuse or overuse of TIF prompted the Legislature t© create a tax abatement program in 1997 as an alternative to TIF. Under the new tax abatement program, which first affects taxes paid in 1999, cities -- and counties or other units of government, if they choose -- can forgive taxes or a portion of taxes on a development for a certain time period, up to 10 years. School districts can abate taxes under the program, but the state will not pay increased state aid to cover the cost of the abatement, as it does to protect school districts from losses due to TIF projects. Total abatements granted by a unit of government in any one year cannot exceed five percent of the jurisdiction's property tax levy or $100,000, whichever is greater. The key difference is that each unit of government makes its own decision on whether to abate taxes. City governments make the decision to create a TIF district, which affects the revenue stream of all the other overlapping government units, like counties, school districts and special districts--and, indirectly, the state's aid payments. Counties have complained about that aspect of TIF for a number of years. MJ Dana Schroeder is editor of the Minnesota Journal. Also in the June 2000 issue of the Minnesota Journal, It'_s___t!me _f_o_(.._new _st_rategic directions in tax-increment finance, a Viewpoint from Lyle Wray, executive director of the Citizens League. http://www.citizensleague.net/mj/2OOO/O6/tif, htm 7/26/00 Citizens League I Minnesota Joumal--TIF Chart Page 1 of 1 Minnesota Journa (._.hA,'.4 I No, o! TIF districts with captured value and No. of cities and towns v~h TIF districts, 1986-1999 Studies I Reports I Publications I MN 3ournal I Events I Mind-Openers Regional Civic Organizations I Peformance Measurement l~nitiative Home I About Us I Get Involved I Contact I Help I Site Map I ~itizen sleag u e.~n~t Please e-mail the Citizens League with any comments and suggestions. © Copyright 1998-00 Citizens League. All rights reserved. Citizens League I Minnesota Journal--TAX-INCREMENT FINANCING IN METRO ARE.. Page 1 of 2 Minnesota JournalI TAX-INCREMENT FINANCING' IN METRO AREA COUNTIES and 15 LARGES? NONMETRO COUNTIES, TAXES PAYABLE 1999 99 TIF NTC as % of 99 no. of Metro 99 TZF net 99 total net total TIF 99 net TIF Counties tax capacity tax capacity NTC+ districts tax Anoka 513,716,248 $183,924,456 7.46% 80 $16,218,055 Carver $8,973,249 $57,484,448 15.61% 19 $12,348,892 Dakota $13,263,141 $292,870,599 4.53% 53 $15,802,413 Hennepin $100,883,413 $1,169,577,804 8.63% 2575136,354,953 Ramsey $27,454,487 $347,157,653 7.91% 138 $35,095,128 Scott $3,566,688 $62,099,037 5.74% 33 $4,500,261 Washington $9,419,132 $157,372,040 5.99% 47 $10,761,687 Metro Total $177,276,358 $2,270,486,037 7.81% 99 net 99 TIF 'TIF tax NTC per per district district $171,453 $202,72 $472,276 $649,94 $250,248 $298,15 $392,542 $530,56 $198,946 $254,31 $108,081 $136,37 $200,407 $228,97 6275231,081,389 $282,737 5368,55 Nonmetro Counties # Blue Earth $1,925,033 $36,755,544 5.24% 36 $2,355,224 $53,473 $65,42 Cass $200,724 $26,122,334 0.77% 14 $239,634 $14,337 $17,11 Chisago $402,488 $23,027,648 1.75% 22 $606,089 $18,295 $27,55 Crow Wing $967,776 $48,883,130 1.98% 40 $970,867 $24,194 $24,27 Goodhue $1,690,607 $42,215,641 4.00% 43 $2,120,805 $39,316 $49,32 Itasca $987,035 $34,348,664 2.87% 14 $1,395,583 $70,503 $99,68 Kandiyohi $604,524 $24,802,918 2.44% 25 $776,659 $24,181 $31,06 Olmsted $2,929,978 $74,518,485 3.93% 23 $3,994,366 $127,390 $173,66 Otter Tail $1,217,496 $32,694,642 3.72% 42 $1,517,154 $28,988 $36,12 Rice $1,072,805 $28,981,437 3.70% 31 $1,367,085 $34,607 $44,10 Sherburne $1,467,530 $57,988,464 2.53% 18 $1,291,496 $81,529 $71,75 St. Louis $7,398,514 $94,434,997 7.83% 62 $10,586,041 $119,331 $170,74 Stearns $4,507,211 $69,744,924 6.46% 60 $5,320,339 $75,120 $88,67 Winona $1,031,523 $23,753,093 4.34% 22 $1,292,870 $46,887 $58,76 Wright $2,780,663 $60,378,801 4.61% 58 $3,220,558 $47,942 $55,52 Nonmetro Total*** $45,579,875 $1,328,496,345 3.43% 1,123 $58,848,288 $40,588 $52,40 Statewide Total $222,856,233 $3,598,982,382 6.19% 1,7505289,929,677 $127,346 $165,67. httn'//~,~ru, ritiTen<len~,,,e netlmi/2OOO/O6/tahle 1 0600.htm 7/27/2000 Citizens League I Minnesota Journal--CHANGE IN TAX-INCREMENT FINANCING FR.. Minnesota Journal~ Page 1 of 1 CHANGE IN TAX-INCREMENT FINANCING FROM TAX YEAR 1998 TO TAX YEAR 1999 $ change $ change in in TTF net Percent total net tax change tax capacity over capacity over '98 '98 over '98 Change Chan in no. in n Percent of TTF Percent $ change Percent of citi change districts change in net TIF change wit over over over tax over over TTF '98 '98 '98 '98 '98 distri Metro $2,818,342 1.60% $10,750,432 -0.47% Nonmetro $6,010,476 11.65% $18,175,215 -1.35% Statewide $3,192,134 - 1.41% $28,925,647 -0.80% See footnotes on Table 1. 36 6.09%$7,717,610 3.46% 97 9.45%$5,106,278 -7.98% 133 8.23%$2,611,235 0.91% Studies I Reports I p_ublications I MN Jour_nal I Events I ~ind,Openers Regional Civic Organizations I Peformance Measurement Initiative Home I About Us I Get Involved I Contact I Help I Site Map I www.citizensleag ue.net Please e-mail the Citizens League with any comments and suggestions. © Copyright 1998-00 Citizens League. All rights rese~ed. h*,,~.// ........ ;,; .... l~.~c.,~, n~tlmilO(l(l(I/O~ltnhl~, 9 (~(~(~ btm 7/27/00 Citizens League l Minnesota Journal--TAX-INCREMENT FINANCING IN NONMETRO.. Page 1 of 3 M nnesota Journal] TAX-INCREMENT FINANCING IN NONMETRO COUNTIES, TAXES PAYABLE 1999' '99 TIF NTC as '99 '99 TIF net % of '99 no. '99 TIF 'TIF Nonmetro tax '99 total net total of TIF '99 net TIF NTC per pe County capacity tax capacity NTC districts tax district dist Aitkin $65,526 $10,059,805 0.65% 4 $78,341 $16,382 $19 Becket $309,873 $16,135,253 1.92% 19 $400,993 $16,309 $21 Beltrami $214,166 $13,924,689 1.54% 9 $307,092 $23,796 $34 Benton $990,845 $17,023,369 5.82% 11 $1,432,028 $90,077 $130 Big Stone $9,555 $3,177,364 0.30% 1 $12,327 $9,555 $12 Blue Earth $1,925,033 $36,755,544 5.24% 36 $2,355,224 $53,473 $65 Brown $545,893 $14,438,055 3.78% 21 $750,463 $25,995 $35 Carlton $607,334 $15,346,046 3.96% 5 $885,910 $121,467 $177 Cass $200,724 $26,122,334 0.77% 14 $239,634 $14,337 $17 Chippewa $28,666 $8,161,466 0.35% 5 $48,150 $5,733 $9 Chisago $402,488 $23,027,648 1.75% 22 $606,089 $18,295 $27 Clay $946,988 $22,146,947 4.28% 15 $1,216,832 $63,133 $81 Clearwater $17,336 $5,818,344 0.30% 2 $28,578 $8,668 $14 Cook $138,931 $7,353,007 1.89% 4 $137,881 $34,733 $34 Cottonwood $303,282 $8,839,829 3.43% 15 $380,796 $20,219 $25 Crow Wing $967,776 $48,883,130 1.98% 40 $970,867 $24,194 $24 Dodge $354,986 $9,081,481 3.91% 18 $541,919 $19,721 $30 Douglas $456,005 $22,153,598 2.06% 19 $530,682 $24,000 $27 Faribault $269,867 $10,794,011 2.50% 20 $306,518 $13,493 $15 Fillmore $304,350 $9,457,258 3.22% 15 $472,663 $20,290 $31 Freeborn $228,786 $16,376,232 1.40% 10 $283,636 $22,879 $28 Goodhue $1,690,607 $42,215,641 4.00% 43 $2,120,805 $39,316 $49 Grant $10,646 $4,401,559 0.24% 3 $19,251 $3,549 $6 Houston $72,013 $8,229,031 0.88% 16 $86,876 $4,501 $5 Hubbard $284,230 $13,263,296 2.14% 4 $306,579 $71,058 $76 Isanti $545,601 $14,023,431 3.89% 11 $696,198 $49,600 $63 Itasca $987,035 $34,348,664 2.87% 14 $1,395,583 $70,503 $99 Jackson $218,917 $10,034,513 2.18% 7 $290,851 $31,274 $41 Kanabec $59,174 $5,274,410 1.12% 4 $91,561 $14,794 $22 Kandiyohi $604,524 $24,802,918 2.44% 25 $776,659 $24,181 $31 Kittson $9,303 $5,889,439 0.16% 2 $11,313 $4,652 $5 Koochiching $23,209 $7,533,707 0.31% 2 $22,751 $11,605 $11 Lac Qui parle $6,776 $5,274,029 0.13% 6 $9,862 $1,129 $1 Lake $448,765 $6,170,896 7.27% 6 $632,862 $74,794 $105 Lake of the Woods $0 $2,173,985 0.00% 0 $0 n/a Le Sueur $373,771 $14,184,033 2.64% 16 $505,833 $23,361 $31 Citizens League I Minnesota Journal--TAX-INCREMENT FINANCING IN NONMETRO.. Page 2 of 3 Lincoln $0 $4,120,041 0.00% 0 $0 n/a Lyon $1,177,676 $16,417,420 7.17% 10 $1,492,309 $117,768 $149 Mahnomen $19,094 $2,203,733 0.87% 3 $24,775 $6,365 $8 Marshall $3,702 $8,373,425 0.04% 4 $4,240 $926 $1 Martin $419,032 $16,172,212 2.59% 18 $474,208 $23,280 $26 McLeod $786,103 $17,542,669 4.48% 23 $1,115,751 $34,178 $48 Meeker $128,829 $11,017,079 1.17% 11 $179,689 $11,712 $16 Mille Lacs $411,980 $8,956,048 4.60% 20 $617,264 $20,599 $30 Morrison $354,948 $13,093,963 2.71% 20 $489,091 $17,747 $24 Mower $409,040 $18,116,076 2.26% 19 $448,144 $21,528 $23 Murray $13,988 $7,012,224 0.20% 2 $16,894 $6,994 $8 Nicollet $183,966 $16,570,381 1.11% 8 $247,657 $22,996 $30 Nobles $557,982 $12,795,202 4.36% 7 $731,237 $79,712 $104 Norman $9,792 $4,915,256 0.20% 1 $24,667 $9,792 $24 Olmsted $2,929,978 $74,518,485 3.93% 23 $3,994,366 $127,390 $173 Otter Tail $1,217,496 $32,694,642 3.72% 42 $1,517,154 $28,988 $36 Pennington $0 $4,892,506 0.00% 0 $0 n/a Pine $222,121 $11,777,324 1.89% 7 $238,148 $31,732 $34 Pipestone $153,881 $5,142,779 2.99% 8 $229,144 $19,235 $28 Polk $348,572 $17,762,073 1.96% 19 $494,535 $18,346 $26 Pope $80,993 $5,940,634 1.36% 8 $123,934 $10,124 $15 Red Lake $27,290 $2,031,452 1.34% 3 $48,247 $9,097 $16 Redwood $188,417 $11,686,210 1.61% 10 $254,331 $18,842 $25 Renville $355,611 $14,090,257 2.52% 21 $514,116 $16,934 $24 Rice $1,072,805 $28,981,437 3.70% 31 $1,367,085 $34,607 $44 Rock $224,103 $6,448,322 3.48% 19 $288,964 $11,795 $15 Roseau $123,188 $7,129,313 1.73% 2 $198,736 $61,594 $99 Sherburne $1,467,530 $57,988,464 2.53% 18 $1,291,496 $81,529 $71 Sibley $292,528 $8,707,722 3.36% 14 $388,479 $20,895 $27 St. Louis $7,398,514 $94,434,997 7.83% 62 $10,586,041 $119,331 $170 Stearns $4,507,211 $69,744,924 6.46% 60 $5,320,339 $75,120 $88 Steele $664,512 $21,267,346 3.12% 10 $720,409 $66,451 $72 Stevens $138,725 $5,797,981 2.39% 11 $176,617 $12,611 $16 Swift $447,566 $6,371,287 7.02% 12 $585,746 $37,297 $48 Todd $149,000 $7,599,253 1.96°/o 7 $260,410 $21,286 $37 Traverse $7,701 $4,290,663 0.18°/o 2 $16,409 $3,851 $8 Wabasha $351,179 $10,379,692 3.380/0 13 $443,024 $27,014 $34 Wadena $58,141 $4,323,021 1.34% 10 $97,711 $5,814 $9 Waseca $33,939 $10,609,557 0.32% 5 $49,424 $6,788 $9 Watonwan $33,728 $6,775,686 0.50% 4 $52,736 $8,432 $13 Wilkin $44,716 $6,160,314 0.73% 5 $53,600 $8,943 $10 Winona $1,031,523 $23,753,093 4.34% 22 $1,292,870 $46,887 $58 Wright $2,780,663 $60,378,801 4.61% 58 $3,220,558 $47,942 $55 Yellow Medicine $129,131 $6,617,419 1.95% 7 $204,126 $18,447 $29 Nonmetro Total $45,579,875 $1,328,496,345 3.43% 1,123 $58,848,288 $40,588 $52 *See footnotes on Table 1. Studies I Reports I P~u_blications I MN Journal I Ev_e._nt.s I M_ind._-Openers Regional Civic Organizations I Peformance Measurement Initiative Citizens League I Minnesota Journal--METRO AND NONMETRO CITIES# WITH TAX-.. Page 1 of 2 Minnesota Journal] METRO AND NONMETRO CITIES# WITH TAX-INCREMENT NET TAX CAPACITY OVER $1 MILLION, TAXES PAYABLE 1999+ 99 TIF % Chng. NTC as Rank, of 99 TIF net from '98 % of '99 TIF 99 no. of 99 TIF tax TIF total net tax 99 Net TIF TIF NTC pe Metro Cities capacity NTC** NTC capacity Tax districts distric Anoka County Anoka $2,048,000 9.48% 17.87% 21 $2,468,929 3 $682,6 Blaine $1,348,094 -5.17% 4.81% 32 $1,708,379 7 $192,5 Coon Rapids $3,286,745 5.47% 8.35% 12 $3,664,344 26 $126,4 Fridley $2,381,402 -9.74% 9.33% 16 $2,902,344 15 $158,7 Ramsey $2,069,408 21.45% 17.55% 19 $2,233,031 6 $344,9 Carver County Chanhassen $4,669,123 -14.87% 20.82% 7 $6,748,968 5 $933,8 Chaska $4,370,161 -17.75% 28.83% 8 $5,654,817 5 $874,0 Dakota County Apple Valley $1,507,600 -13.53% 4.66% 27 $1,637,991 11 $137,0 Burnsville $3,593,550 9.53% 5.99% 10 $4,546,872 9 $399,2 Inver Grove Hts. $1,968,034 30.73% 9.17% 23 $2,259,843 8 $246,0 Lakeville $1,329,962 -1.99% 4.53% 33 $1,514,567 14 $94,9 Mendota Hts. $1,730,306 13.40% 10.82% 25 $1,847,781 2 $865,1 South St. Paul $1,172,187 -9.04% 11.44% 38 $1,508,301 2 $586,0 Hennepin County Bloomington $15,719,203 14.56% 9.78% 2 $15,597,035 10 $1,571,9 Brooklyn Center $2,054,659 23.40% 10.06% 20 $2,994,887 3 $684,8 Brooklyn Park $7,231,156 8.52% 16.67% 4 $9,936,635 16 $451,9 Champlin $2,032,160 17.05% 17.59% 22 $2,231,223 4 $508,0 Crystal $1,156,733 -4.45% 9.36% 39 $1,438,456 5 $231,3 Edina $6,230,928 8.74% 7.25% 5 $8,286,441 5 $1,246,1 Golden Valley $4,077,272 1.38% 13.79% 9 $5,670,317 3 $1,359,0 Hopkins $1,531,218 8.23% 10.35% 26 $2,154,198 12 $127,6 Maple Grove $2,863,300 23.59% 6.65% 14 $3,695,400 7 $409,0 Minneapolis $43,739,300 -0.31% 14.04% 1 $62,454,082 68 $643,2 Minnetonka $2,230,263 52.67% 2.77% 17 $2,875,369 5 $446,0 New Hope $1,107,959 -4.61% 6.70% 42 $1,405,338 8 $138,4 Richfield $3,018,392 12.35% 13.81% 13 $4,520,591 23 $131,2 Robbinsdale $1,152,428 -9.49% 16.07% 40 $1,462,619 24 $48,0 Rogers $1,054,595 -1.56% 27.35% 43 $1,175,517 7 $150,6 St. Louis Park $3,443,938 8.38% 7.08% 11 $4,648,096 5 $688,7 Wayzata $1,423,430 21.21% 13.04% 30 $1,780,768 7 $203,3 · Citizens League [ Minnesota Journal--METRO AND NONMETRO CITIES# WITH TAX-.. Page 2 of 2 Ramsey County Mounds View $1,502,950 -1.97% 21.68% 28 $1,903,613 4 $375,7 New Brighton $2,174,796 5.61% 13.45% 18 $2,586,925 25 $86,9 Roseville $5,485,225 7.92% 13.35% 6 $6,331,320 16 $342,8 Shoreview $1,270,625 -5.72% 5.92% 34 $1,246,808 5 $254,1 St. Paul $11,928,010 8.40% 8.03% 3 $17,259,112 14 $852,0 Vadnais Hghts $1,269,180 -0.60% 10.61% 35 $1,411,426 17 $74,6 White Bear Lake $1,203,336 19.92% 7.21% 37 $1,380,525 23 $52,3 White Bear Twp. $1,138,756 2.86% 12.82% 41 $1,179,082 13 $87,5 Scott County Savage $1,495,396 1.88% 11.45% 29 $1,910,854 6 $249,2 Shakopee $1,231,584 -7.54% 7.00% 36 $1,467,402 5 $246,3 Washington County Oakdale $1,810,793 12.78% 11.37% 24 $2,069,638 11 $164,6 Stillwater $1,395,070 -10.57% 11.37% 31 $1,811,198 5 $279,0 Woodbury $2,665,517 -1.71% 6.73% 15 $2,672,431 5 $533,1 Nonmetro Cities (Counties) Duluth (St. Louis) $6,305,434 -9.87% 15.93% 1 $8,999,484 17 $370,9 Mankato (Blue Earth) $1,754,352 0.03% 8.53% 4 $2,140,059 20 $87,7 Marshall (Lyon) $1,177,496 -15.66% 15.28% 5 $1,492,086 9 $130,8 Rochester (Olmsted) $2,653,733 -10.13% 4.85% 2 $3,624,498 7 $379,1 St. Cloud (Stearns) $2,634,451 -12.92% 7.79% 3 $3,215,398 16 $164,6 # Includes totals for each city, even those located in more than one county. Those "split cities" are their home county. + See fo~otnotes on Tab/e_l.. * Rankings are separate for metro cities and for nonmetro cities. ** Net tax capacity. Studies I Reports I Publications I MN Journal I Events I Mind-Openers Regional Civic Organizations I Peformance Measurement Znitiative Home I About Us I Get!nvolved I Contact I Help I Site Map I www.citizensleag ue.net Please e-mail the Ci[izeo~ League with any comments and suggestions. © Copyright 1998-00 Citizens League. All rights reserved. 'Citizens League I Minnesota Journal--TOP 20 METRO AND TOP 20 NONMETRO CITI.. Page 1 of 2 TOP 20 METRO AND TOP 20 NONMETRO CITIES IN TIF NET TAX CAPACITY AS % OF TOTAL NET TAX CAPACITY* Metro Cities Anoka County Anoka Ramsey Carver County Chanhassen Chaska Hennepin County Brooklyn Park Champlin Golden Valley Maple Plain Minneapolis Richfield Robbinsdale Rogers Wayzata Ramsey County Hounds View New Brighton Roseville Scott County Belle Plaine _lordan Washington County Landfall St. Paul Park 99 TZF NTC Rank of TZF as% of total NTCas% of 99 NetTIF 99 no. of NTC total Tax TIF districts 17.87% 6 $2,468,929 3 17.55% 8 $2,233,031 6 20.82% 5 $6,748,968 5 28.83% 2 $5,654,817 5 16.67% 11 $9,936,635 16 17.590/0 7 $2,231,223 4 13.790/0 16 $5,670,317 3 17.44% 9 $380,904 6 14.040/0 14 $62,454,082 68 13.81% 15 $4,520,591 23 16.07% 12 $1,462,619 24 27.35o/o 3 $1,175,517 7 13.04°/0 19 $1,780,768 7 21.680/0 4 $1,903,613 4 13.45% 17 $2,586,925 25 13.350/0 18 $6,331,320 16 14.17% 13 $360,620 3 16.920/0 10 $325,603 5 54.32% 1 $72,152 4 13.01% 20 $350,846 2 99 net TTF tax per district $822,976 $372,172 $1,349,794 $1,130,963 $621,040 $557,806 $1,890,106 $63,484 $918,442 $196,547 $60,942 $167,931 $254,395 $475,903 $103,477 $395,708 $120,207 $65,121 $18,038 $175,423 Nonmetro cities (County) Annandale (Wright) Avon (Stearns) Brooks (Red Lake) Brooten (Stearns) 20.94% 18 $295,711 3 21.88% 14 $167,178 2 22.32% 11 $12,541 1 26.38% 7 $94,893 3 $98,570 $83,589 $12,541 $31,631 Citizens League [ Minnesota Journal--TOP 20 METRO AND TOP 20 NONMETRO CITI.. Page 2 of 2 Claremont (Dodge) 37.46% I $95,156 2 $47,578 Clontarf Twp. (Swift) 36.69% 3 $143,127 2 $71,564 Dodge Center (Dodge) 20.50% 19 $340,390 8 $42,549 Dundas (Rice) 37.21% 2 $:16:[,640 3 $53,880 Irondale Twp. (Crow Wing) 29.79% 5 $:19:1,302 2 $95,651 3enkins (Crow Wing) 25.6:1% 8 $49,227 :[ $49,227 Lakeside Twp. (Cottonwood) 22.05% :13 $:162,74:1 :1 $:162,74:1 LaPrairie (Itasca) 21.66% :15 $85,688 4 $2:1,422 New London (Kaniyohi) 20.32% 20 $125,697 9 $:13,966 Pelican Rapids (Otter Tail) 24.04% :10 $303,762 5 $60,752 Preston (Fillmore) 2:1.:16% :16 $182,773 5 $36,555 Renville (Renville) 32.21% 4 $223,442 10 $22,344 Rush City (Chisago) 29.69% 6 $359,087 4 $89,772 Silver Creek Twp. (Lake) 22.:13% :12 $402,866 2 $20:1,433 St. Clair (Blue Earth) 21.01% :17 $56,534 :1 $56,534 Torning Twp. (Swift) 24.47% 9 $127,326 3 $42,442 * See footnotes on Table 3. Complete metro and nonmetro table of all cities with 10% or more of NTC in TIF districts is included in Table 4A. Studies I Reports I Publications I lqN 3ournal I Events I Mind-Openers Regional C:i~ic Organizations I Peformance Measurement_.!nitiative Home I About Us I Get Znvolved I Contact I Help I Site Map I ~.citizensleague,net Please e-mail the Citizens League with any comments and suggestions. © Copyright 1998-00 Citizens League. All rights reserved. Todd, This is Bob Midness at 112 Sandy Hook and we've talked about the geese situation. They did a round-up in my yard last week. According to my wife, it was done very systematically, very kind, and no problem--just a few feathers in the yard. I do appreciate...there's probably a dozen or so non-breeding pair that cruise around, but at least I don't have the 100 that were sitting on my beach and the flies and the mess that goes along with it. I thank you and your people and the University of Minnesota for taking care of this and doing it in a real decent way. I thank you and appreciate it. Bob Midness July 20, 2000 District 112 Fields Task Force Meeting # 5 July 11, 2000 Meeting Notes RECEWE , C1'[¥ Of C 1. Meeting convened by Paul Schlueter. 2. Meeting notes from our last meeting clarified in that Scheme A has Field J as an alternate. 3. Doug Pass reported that Holy Family High School (Kathleen Brown, Principal) wants to be a partner with District 112. The campus will initially have one practice football field, two soccer fields, one baseball field, and two softball fields. There will be 140 students attending the school when it opens. They are open to sharing their facilities but, of course, are concerned about maintenance. 4. Paul reviewed the July 5, 2000 meeting with representatives of the City of Chaska. Replacement of the fields at Pioneer Park may not be one for one. Whatever is in the best interest of the City and the best interest of the District will dictate what is replaced. Diana Kasper briefly reviewed the site plan for Pioneer Park. The new middle school will take two fields at most. 5. Kevin Carroll presented an update on the City of Carver soccer field grant proposal. The application will be judged on collaboration so while the significant interest from our Task Force will be helpful and perhaps eventual inclusion in our recommendation to the Board of Education, the City of Carver really needs tangible evidence of collaboration such as approval of $30,000 by the Board towards the project. 6. Paul reviewed our remaining meeting schedule: July 27, Aug. 1 and Aug 8 (if needed) with the intent to bring a recommendation to the Board of Education at its August 17,2000 meeting. Support for the soccer field at Carver may be a part of our recommendation. 7. Discussion of criteria for selection of the parts that would make up our recommendation: Quality vs quantity (straw poll quality - 12, quantity - 4) What has to be repaired before new fields are considered Lake Conference quality vs quantity for community use Maximize use of site Impact of new middle school on CHS site Do things right the first time 8. Jay Pomeroy reviewed the condition and the costs of fields at CHS. 9. Baseball/softball viewpoint ~ need to upgrade what exists, don't need more fields 10. Options/Ideas 10A Lee Meyer suggested Middle School Soccer bleachers & pressbox CHS Bleachers Upgrade 2 practice fields Sand/peat 1 practice field Carver Soccer Middle School Soccer Stadium sand/peat Scheme A TOTAL $98,000 $94,000 $40,0O0 $130,000 $30,000 $180,000 $338,000 $934,000 10B Paul Schlueter suggested Same as above but Upgrade Soccer Stadium Field (no sand/peat) Credit (no upgrade) CHS practice fields Sand/peat 2 fields at CHS <$79,000> <$40,000> $130,000 TOTAL $945,000 10C Rick Clark suggested Put all co-curricular soccer fields at Middle School Put all co-curricular football at CHS 10D Use funds for bleachers and put into fields 10E Rent bleachers TOTAL $3800 Mike Werner will bring back the number of seats this represents 10F Use bleachers from the Cities with portable bleachers 10G Use Scheme A and pick up two more fields by taking $200,000 from cost of sand/peat and end up with three practice fields 10H Invite coaches to next meeting before proceeding with option/idea C 101 Consider more parking spaces Next Meeting: July 27, 2000 at 7PM Look at options with costs. CITYOF CHANHASSEN 690 OO, Ce, ret Drive, PO Box 147 Cha,hassen, Min,esota 55317 ?ho,e 612.937. I900 G',cr, d Fax 612. 937.5739 £,gi,eeE,g tax 612.937.9152 Public Sago, Fax 612934.2524 July 26, 2000 Mr. Guy Peterson Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 Dear Mr. Peterson: This letter will serve to confirm that the City of Chanhassen will not be utilizing Section 8 inclusionary housing money for the development of the Lake Susan Hills Apartment Complex. Thank you for your consideration in working with us on this endeavor. Sincerely, Scott A. Botcher City Manager C~ Mayor and City Council Kate Aanenson, Community Development Director g:\user\scottb\pcterson I .doc CITYOF Cio' Center Drive, PO Box 147 6a,hassen. Minnesota 55317 Phone 612.937.1900 Ge,eM £ax 612.937.5739 ~gi,ee?i,g £ax 612.937 9152 blic .5,('9, Fax 612.934.2524 wwu:ci, ch~,h,~sse,.mn.,s July 26, 2000 Ms. Megan Orr 6520 Quail Crossing Chanhassen, MN 55317 Dear Ms. Orr: On behalf of the City of Chanhassen, and from myself personally, I would like to extend my sincerest gratitude for your community service and commitment of time and energy as a member of the Library Task Force. As I am sure you saxv, public issues such as these can be very intricate and complicated. Your help in garnering public input and distilling some of these issues for the City Council will be invaluable as we move ahead with the library process. Thank you for 3'our commitment and service to our community. Sincerely, City Manager SAB:k C: Mayor & City Council Kate Aanenson, Community Development Director g:\plan\ka\libraD'\thank you.doc Ms. Kate Aanenson Community Development Director 690 City Center Drive Chanhassen, MN 55317 Ms. Melissa Brechon Carver County Library Director 4 City Hall Plaza Chaska, MN 55318 Ms. Megan Orr 6520 Quail Crossing Chanhassen, MN 55317 Mr. Fred Berg 6910 Chaparral Lane Chanhassen, MN 55317 Ms. Jean Mancini 820 Santa Vera Drive Chanhassen, MN 55317 Ms. Lois Fiskness 8033 Cheyenne Avenue Chanhassen, MN 55317 Ms. Nancy Lipinski 8690 Flamingo Drive Chanhassen, MN 55317 Mr. Jeff Kremer 7701 Nicholas Way Chanhassen, MN 55317 Hadley Lavanger 6790 Bruce Circle Chanhassen, MN 55317 Ms. Jill Shipley 261 Eastwood Court Chanhassen, MN 55317 Ms. Linda Landsman 7329 Frontier Trail Chanhassen, MN 55317 Ms. Elaine Sievers 9491 Foxford Road Chanhassen, MN 55317 File Copy Villager Consultant Extra Jul Z7 Z000 1G~34:3Z ~ia Fax -> AMM FAX lie GIZ 937 5739 Scott Botcher P~gc B81 0£ 883 Association Hetropolitan Hunicipalities July 24-28, 2000 (no. 2) (page 1 of 3) Analysis indicates that TIF trends in 1996 auditor's report continue Staff representing the AMM, League of Minnesota Cities (LMC) and others indicated to the Senate Tax Committee yesterday that trends in Tax Increment Financing (TIF) as reported in the 1996 Legislative Auditor's TIF Report are con- tinuing. AMM Executive Director Gene Ranieri, Robbinsdale City Man- ager Dennis Kraft, Andrea Stearns of the LMC, and Bonnie Balach with Minnesota Solutions were among several presenters before the committee, which met to analyze a recent Citizens' League report on TIF. Ranieri and Stearns presented TIF information by type of dis- trict and by timeframes that correspond to legislative actions (pre-1979, pre-1990 and post- 1990). A similar analysis was included in the 1996 legislative auditor's report. The following is a list of ob- servations that the AMM and LMC presented to the Senate committee: e Average captured tax capacity for a district de- creases from 1979 to the present. ~, Average size (number of parcels) decreases over time. e Use of housing districts is increasing. ~, Tax compression and termination of districts (eco- nomic development) has con- tributed to the decrease in captured value for pre-1990 districts. e Number of pre-1990 dis- tricts decreased by 213 or 23 percent. ~, Fifty-nine percent of all captured tax capacity (1999) is in districts established prior to Dec. 31, 1985. (The pre-1990 districts comprise 83 percent of all captured tax value.) ~, Seventeen percent of all captured tax capacity (1999)is in the post-1990 districts. The See TIFTables comparing 1995 & 1999 figures on pages 2 and 3... post-1990 districts comprise 54 percent of all districts. ~ Pre-1979 districts will be impacted by the April 1, 2001 effective date of section 469.176 sublc, which states that districts can only use increment to pay debt service on bonds issued prior to April 1, 1990. ~ Districts established after July 31, 1979 and before July 1, 1982 are limited by the 1999 amendments (section 469.1764). ~ The decertification of the pre-1979 districts, which are exempt from fiscal disparities, will impact fiscal disparities. LMC staffer Eric Willette compared the TIF figures as reported by the Legislative Auditor in 1996 to the 1999 figures. These tables are listed on pages 2 and 3. The AMM and the LMC plan to annually update these TIF figures and distribute copies to cities. If you have questions, please contact Ranieri at 651-215-4001. You can access the Citizens' League TIF report by going to www.citizensleague.net or calling 612-338-0791. Jul Z7 Z000 16:35:17 Via Fax July 24-28, 2000 -> 61Z 937 5739 Scott Botcher Page 8flZ Of 883 + AMMNewsFax + Page2of3 Table I 1995 Captured Tax Capacity & District Size by Time of Creation Time of Number District's Creation of Districts Pre-1979 110 Auq. 1979-Apri11990 Aug. 1979-Dec. 1985 336 Jan. 1986-Dec. 1988 339 Jan. 1989-April 1990 305 Subtotal 980 Post-1990 346 All Districts 1,436 Average Captured 1995 % of Statewide Numberof Tax Capacity 1995 Captured Parcels per Tax Capacity District 146 $ 61.1 million 30% Average Captured Tax Capacity per District $555,007 40 $ 68.5 million 34% $ 203,863 19 $ 43.0 million 21% $126,971 14 $ 21.4million 11% $ 70,062 25 $132.9 million 65% $135,622 8 $ 9.3 million 5% $ 26,967 30 $ 203.3 million 100% $141,568 So urce: Program Evaluation analysis of Department of Revenue's 1995 TI F Supplemental database. Table 2 1999 Captured Tax Capacity & District Size by Time of Creation Time of District's Creation Number Average Captured 1999 % of Statewide Average of Numberof Tax Capacity 1999 Captured Captured Districts Parcels per Tax Capacity Tax Capacity District per District Pre-1979 111 149 $ 58,835,936 25% $ 530,053 ALIg. 197g-April 1990 Aug. 1979-Dec. 1985 326 Jan. 1986-Dec. 1988 198 Jan. 1989-April 1990 243 Subtotal 767 Post-1990 1,036 All Districts 1,914 40 $ 80,441,202 34 $ 246,752 29 $ 36,416,604 15 $ 183,922 17 $ 21,737,178 9 $ 89,453 30 $ 138,594,984 58% $ 180,698 9 $ 39,131,646 17% $ 37,772 26 $ 236,562,566 100% $ 123,596 Source: This table was compiled by the League of Minnesota Cities (LMC) using 1999 DoR data, based upon the above table from the March 1996 TIF Report of the Office of the Legislative Auditor. ]u ] 2? Z000 ~.~, ~ 215: July 24-28, 2000 Table 3 ~ AMMNews Fax ~ 1995 Captured Tax Capacity & District Size by Type of District & Time of Creation Numberof % of State's Average Number ~ of Parcels per District Page 883 Of 883 Page 3 of 3 Average Captured 1995 Tax Capacity per District Pre-1979 110 8% 146 $ 555,007 Aug_ 1979-April 1990 Redevelopment 495 34% 30 $183,511 Housing 118 8% 53 $100,026 Economic Dev. 362 25% 8 $ 81,875 Soils Condition 5 0% 19 $125,988 980 67% Post- 1990 Redevelopment 135 9% 9 $ 14,607 Housing 49 3% 7 $ 20,968 Economic Dev. 144 10% 8 $ 37,075 Soils Condition 13 1% 5 $ 72,564 Renewal & Renovation 5 0% 3 $ 9,772 346 All Districts 1,436 100% 30 $141,568 Source: Program Evaluation analysis of Department of Revenue's 1995 TI F Supplemental database. Table 4 1999 Captured Tax Capacity & District Size ,by Type of District & Time of Creation Numberof % of State's Average Number of Parcels per District Pre-1979 111 6% 149 Aug_ 1979-April 1990 Redevelopment 508 27% Housing 113 6% Economic Dev. 138 7% Soils Condition 8 0% 767 40% Post- 1990 Redevelopment 404 Housing 192 Economic Dev. 388 Soils Condition 30 Renewal & Renovation 18 1% Hazardous Subst. 4 0% 1,036 54% Ail Districts 1,914 100% Average Captured 1999 Tax Capacity per District $ 530,053 31 $229,285 45 $ 82,658 11 $ 86,29O 41 $108,733 21% 12 $ 32,353 10% 9 $ 14,228 20% 5 $ 49,500 2% 29 $105,848 4 $ 37,481 13 $ 68,219 Source: This table was compiled by the League of Minnesota Cities (LMC) using 1999 DoR data, based upon the above table from the March 1996 TIF Report of the Office of the Legislative Auditor. Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 July 11, 2000 Theresa Burgess City of Chanhassen Engineer 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Notice of Amended Annual Apportionment Dear Ms. Burgess: The following amended 2000 allotments have been credited to the City of Chanhassen's state aid accounts in compliance with the 2000 Amended Commissioner's Order, and will be released in accordance with the current rules. Maintenance General Allotment $0.00 Trunk Highway Turnback Less: General Fund Advance Repayment Total $0.00 Construction $31,798.00 $31,798.00 If you have any questions, please contact Cindy Degener at (651) 296-7414, or Sandra Martinez at (651) 297-3740, of the State Aid Finance Office. Commissioner of Transportation cc: City Clerk -'CEIVED Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 Direct Dial: (651) 234-6215 E-mail Address: rknutson~ck-law, com July 28, 2000 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Brandt *ALso licensed in Wisconsin Mr. C. Scott Massie Counselor at Law 300 Anchor Bank Building 1055 East Wayzata Boulevard Wayzata, MN 55391 RE: MIKE NELSON MASONRY & CONCRETE, INC. 9870 PIONEER CIRCLE, CHANHASSEN, MN Dear Mr. Massie: The diesel fuel storage tank must be removed from your client's property. First, it is in violation of the Slate Fire Code. The Fire Marshal has previously explained that to your client. Second, the tank constitutes an expansion of the non-conforming use. The tank introduces a new type of activity on the site that is not grandfathered. Unless the tank is promptly removed, we will issue a criminal citation. ,_Regards, Roger N. Knutson Chanhassen City Altorney RNK:srn cc: Scott Botcher, City Manager Mark Littfin, Fire Marshal Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 Author's Direct Diah (651) 234-6215 E-mail Address: rknutson~ck-law, com July 28, 2000 CHANHASSEN CITY COUNCIL Nancy K. Mancino, Mayor Mark Engel, Councilmember Linda Jansen, Councilmember Steve Labatt, Councilmember Mark Senn, Councilmember Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Brandt * Al~o licensed in W'iscon~in · ZO00 RE: CONTRACTOR'S YARD AT 9870 PIONEER CIRCLE Dear Mayor and Councilmembers: At the July 10~h City Council meeting I said I would review the fence and diesel tank issues on the property. To a limited extent I covered the issues and more in my response to Councilmember Jansen's e-mail which I copied all of you on (copy enclosed). The property owner has obtained a permit for the fence and according to the Planning Department the fence complies with the zoning ordinance. The diesel fuel tank must be removed. First, it is in violation of State Fire Code requirements. Second, the addition of a tank is an expansion of the non-conforming use because it adds a type of business related activity that was not previously in place. The owner has been instructed to removel~:~~,~ kssional Association l~~ger'N. Knutson RNK:srn Enclosure cc: Scott Botcher Kate Aanenson Mark Littfin Suite 317 ° Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Susan R. Nelson From: Sent: To: Subject: Susan R. Nelson Friday, July 28, 2000 12:55 PM 'sbotcher@ci.chanhassen.mn.us' FW: Boyd Peterson 9860 Pioneer Trail Scott: This is what Roger sent out on July 14th. He is in the process of writing another letter which will go out today. Sue Nelson, Legal Assistant to Roger Knutson .... Original Message ..... From: Susan R. Nelson Sent: Friday, July 14, 2000 2:35 PM To: 'LCJansen2@aol.com' Cc: 'mayor@ci.chanhassen.mn.us'; 'mancino@inet-serv.com'; 'mengel@ci.chanhassen.mn.us'; 'slabatt@ci.chanhassen.mn.us'; 'msenn@ci.chanhassen.mn.us'; 'sbotcher@ci.chanhassen.mn.us'; 'kaanenson@ci.chanhassen.mn.us' Subject: RE: Boyd Peterson 9860 Pioneer Trail TO: cc: Linda Jansen Mayor and remaining council members Scott Botcher Kate Aanenson FROM: Roger Knutson - Campbell Knutson, P.A. SUB J: Boyd Peterson ~ 9860 Pioneer Trail Linda: hope this answers your questions. If you have any additional questions, please let me know. Q. What documentation have you been provided to confirm that there was a business being operated on the premises in 19837 Were these businesses registered with the state? Do we have copies of business income tax forths for 1983 income generated from this property? Answer: I have a signed statement from the former owner. I am not sure what you mean by "registered with the state." According to the Secretary of State's Office the business was incorporated in 1990. They may have been using a different corporation prior to that time or they may have been unincorporated. I don't have copies of tax returns. Q. Simply purchasing the property in 1983 should not qualify for defaulting to that date to predate the conditional use permit requirement, should it? Are we within our rights to require documentation of such? Answer: The owner in 1983, Mr. Branvold, has provided photos and a statement which is some documentation that the business was in operation in the fall of 1983. We would have to prove him wrong to defeat his claim. We have no such proof. Q. It also seems reasonable to require documentation that the business was registered with the state any paying income tax from this address prior to the sale in 19917 Answer: He doesn't have to give us anything unless we state a lawsuit. Q. In order to be "grandfathered" as a business property, did the property sale need to designate that it was not just a homestead property? Answer: No. The actual use is what matters. Q. Zoning News March 1997. Does the following still apply, or did the recent legislation you mentioned eliminate this "Limitation on Expansion?" (Pg. 2) "Allowing the nonconforming use of land and buildings to be expanded or enlarged would further exacerbate the offense to the general community and undermine the public policy that nonconforming uses should eventually be eliminated and made to conform to the zoning laws." "Impermissible expansions commonly include structural alterations that increase the size of a nonconforming building or its expansion onto additional land that was not formerly used for that purpose." "The general rule with regard to extending a nonconforming use to additional property is that a nonconforming use is restricted to the area that was nonconforming at the time the relevant ordinance was enacted." Answer: The quoted sentences are a reasonably good summary of the law in Minnesota. The statutory change I refer to prohibits cities from amortizing most nonconforming uses out of business. Minn. Stat. 462.357, subd. lc. Constructing a building to house a nonconforming use is an illegal expansion. County of Freeborn v, Clausen, 203 NW2d 323 (Minn. 1972). Adding equipment that would change the nature of the original use is an illegal expansion. Prior Lake Aggregates v, City of Savacle, 349 NW2d 575 (Minn. Ct. App. 1984). A nonconforming use cannot expand onto land acquired after the use becomes nonconforming. Barton Contracting Co. v, City of Afton, 268 NW2d 739 (Minn, ~967). This was a significant issue in the City lawsuit against Moon Valley Aggregate in 1991 in which we prevented Moon Valley from expanding its nonconforming mining use onto land it acquired after the use became nonconforming. There is no Minnesota case law holding that using a part cfa lot that was not previously used for a nonconforming outdoor use is prohibited. Although distinguishable, the New Jersey courts have held, for example, as long as such uses remain on the same parcel it is lawful. Lamb v. A.D. McKee, 160 A. 563. Although the fence is not an expansion of the nonconforming use, my conclusion is that the addition of diesel fuel tank is an expansion. It adds an activity fueling vehicle that is not grandfathered in. We are reviewing the fence issue to determine if a building permit has been issued and if it meets with other zoning requirements, including height. Attached is a copy of Roseville v. Markham which illustrates the difficulty of proving an unlawful expansion. Roger PREMISE INFO.do( .... Original Message .... From: Roger N. Knutson Sent: Friday, July 14, 2000 11:24 AM To: Susan R. Nelson Subject: FW: Boyd Peterson 9860 Pioneer Trail ..... Original Message ..... From: LCJansen2~aol.com [mai to:LCJans~n2~aoI.com] ~'mailto:[mailto:LCJansen2~_.aol.com]> Sent: Thursday, July 13, 2000 10:19 AM To: Roger N. Knutson Subject: RE: Boyd Peterson 9860 Pioneer Trail Roger, Good Morning. RE: Boyd Peterson 9860 Pioneer Trail Neighboring Contractor Yard. I have several follow up questions regarding the information that was shared with us Monday night during visitor presentations and the information that you shared with us on this matter during the worksession proceeding the council meeting. 1. Ms. Kirchofrs letter to you, dated August 13, 1999. "1984 zoning ordinance amendment requiring contractor's yards to obtain a conditional use permit." Mr. Massie's letter to Ms. Kirchoff, dated August 3, 1999. '1 was able to speak to him (Mr. Branvold, original owner) recently regarding his use of the property prior to the sale to Mr. Nelson. In talking to Mr. Branvold, I discovered that he operated a concrete business, and his wife operated a jewelry business. Both businesses began in the Fall of 1983 when Mr. Branvold purchased the above-referenced property." What documentation have you been provided to confirm that there was a business being operated on the premises in 19837 Were these businesses registered with the state? Do we have copies of business income tax forms for 1983 income generated from this property? Simply purchasing the property in 1983 should not qualify for defaulting to that date to predate the conditional use permit requirement, should it? Are we within our rights to require documentation of such? It also seems reasonable to require documentation that the business was registered with the state and paying income tax from this address prior to the sale in 19917 In order to be "Grandfathered" as a business property, did the property sale need to designate that it was not just a homestead property? Unless there is some sort of legal documentation of the business use of this property prior to existing ordinances, it seems remiss to just assume that it was transferring with the property rights. Zoning News March 1997. Does the following still apply, or did the recent legislation you mentioned eliminate this "Limitation on Expansion"? (Pg. 2) "Allowing the nonconforming use of land and buildings to be expanded or enlarged would further exacerbate the offense to the general community and undermine the public policy that nonconforming uses should eventually be eliminated and made to conform to the zoning laws." "Impermissible expansions commonly include structural alterations that increase the size of a nonconforming building or its expansion onto additional land that was not formerly used for that purpose." "The general rule with regard to extending a nonconforming use to additional property is that a nonconforming use is restricted to the area that was nonconforming at the time the relevant ordinance was enacted." The city apparently was given a picture that shows that the "yard" ended at a willow tree on the property in 1986. From the front of the fence to the willow tree is a distance of 72 feet. From 1991 to 1994 the new owner expanded the business by 32 feet and added the fence which ends at that point. Since 1994 the accumulation of "stuff" has extended beyond the fence, to the end of the property line which is an additional 25ft. Most recently the yard has expanded another 20 feet beyond the owner's property, into the adjoining property south of the yard. SUMMARY: Since 1986 the contractor's yard has expanded from 72 feet in length, to 149 feet in length. An increase of 106%. It is no longer confined to the owners property. Thanks for reviewing this. Appreciate your time and comments. Linda 267 Minn. 517 VILLAGE OF ROSEVILLE, Respondent, V. Ernest F. MARKHAM, dba Markham Excavating Company, Appellant. No. 38729. Supreme Court of Minnesota. April 3, 1964. Rehearing Denied April 28, 1964. Prosecution for zoning ordinance violation. Defendant was found guilty in municipal court, and, on appeal, a jury in the Ramsey County District Court found him guilty. From an order of that court, Albin S. Pearson, J., denying motion for judgment notwithstanding verdict or for new trial, defendant appealed. The Supreme Court, Frank T. Gallagher, C., held that where the ordinance, which defendant was charged with violating, in effect permitted continuation of non-conforming uses at the size and in the manner of operation existing on May 21, 1959, defendant had not violated the ordinance unless there was a substantial enlargement or increase over his use on May 21, 1959. Reversed and new trial granted. > 1. CRIMINAL LAW K> 922(7) I10 .... 110XXI Motions for New Trial 110k922 Instructions and Failure or Refusal to Instruct > 110k922(7) Objections and exceptions at trial. M1NN 1964. Error in instructions with respect to fundamental law or controlling principles may be assigned in motion for new trial though it was not otherwise called to attention of the court. Rules Civ. Proc. rule 51, 27A M.S.A. > 2. ZONING AND PLANNING K> 801 414 .... 414XII Offenses and Penalties > 414k801 In general. MINN 1964. 1959 zoning ordinance which in effect permitted continuation of non-conforming uses at size and in manner of operation existing on May 21, 1959, was not violated unless there was substantial enlargement or increase over defendant's use on May 21, 1959. > 3. ZONING AND PLANNING K> 801 414 .... 414XII Offenses and Penalties > 414k801 In general. M1NN 1964. Where defendant had not violated zoning ordinance unless there was substantial enlargement or increase in his use of premises after May 21, 1959, court erred in charging that only issue for jury to consider was whether use on date of alleged violation was substantial enlargement or increase over use on May 12, 1942, and error required new trial though defendant did not object to charge before jury retired. Rules Civ. Proc. rule 51,27A M.S.A. >4. ZONING AND PLANNING K> 804 414 .... 414XII Offenses and Penalties > 414k804 Evidence. MINN 1964. In prosecution for violation of zoning ordinance, it was error to admit testimony over objection that Federal Housing Administration had refused to insure mortgage on property across street from defendant's property on application received some twelve days after date of alleged violation. > 5. ZONING AND PLANNING K> 805 414 .... 414XII Offenses and Penalties > 414k805 Review. MINN 1964. Admitting testimony over objection, in prosecution for zoning ordinance violation, that witness had been informed in 1952 that defendant's property was farm and was going to be developed into residential lots was not reversible eiTor where defendant had earlier asked same witness if she had inquired as to use of defendant's property when she bought her home in 1952. Syllabus by the Court [267 MINN 517] Where a defendant is charged with the violation of a zoning ordinance adopted by the village on May 21, 1959, it is error for the court to charge that the only issue for the jury to consider was whether or not defendant's use of his land on March 10, 1961, the date of the alleged violation, was a substantial enlargement or increase over his use thereof on May 12, 1942, rather than May 21, 1959. An error in the instructions with respect to fundamental law or controlling principles may be assigned in a motion for a new trial though it was not otherwise called to the attention of the court. [267 MINN 518] Thomas, King, Daubney, Swenson & Collatz, St. Paul, for appellant. Robert C. Bell, Peterson, Bell & Converse, St. Paul, for respondent. FRANK T. GALLAGHER, C. This appeal arises out of a complaint charging that on March 10, 1961, the defendant, Ernest F. Markham, d.b.a. Markham Excavating Company, willfully, wrongfully, and unlawfully used his land in Roseville for the storage and repairing of heavy construction equipment including bulldozers, tracks, and related equipment and for other open storage, all in violation of Village Code of Roseville, s 4.020. Defendant was found guilty in municipal court, and an appeal was taken to the district court where a jury found him guilty. This appeal is from an order of the district court denying his motion for judgment notwithstanding the verdict or a new trial. The village admits the correctness, generally, of defendant's statement of facts, but sets out additional facts referred to hereinafter. The defendant, age 68, is an excavating and grading contractor who resides with his wife and daughter at what is now the northeast comer of County Road B-2 and Lexington Avenue in the village of Roseville, Ramsey County, Minnesota. He has lived there since 1929 and has used the premises as his place of business since 1930. According to defendant's testimony, when he first moved on the premises, he was employed as a milk wagon driver. Shortly thereafter he commenced doing some excavation work, digging basements with a team of horses. The horses and equipment used to do this work were kept on the premises. He originally purchased and occupied about 14 acres of land, rectangular in shape, about 183 feet wide and extending[267 MINN 519] 1/2 mile to the east. The easterly portion of the property was gradually sold off for homesites, leaving defendant at the time of the trial some 4 1/2 acres extending east from Lexington Avenue over 1,000 feet, most of which was being used as his home and for storage and repair of equipment. He became a full-time excavator in 1930, increased his work horses later to seven, and used wagons to transport his slip scrapers and plows to the job sites. He continued to pasture his horses and store his equipment on his premises. In 1933 he added a truck, and in 1939 he added a gasoline-operated shovel and a caterpillar tractor to his equipment. By that time he had also acquired three or four trucks and a four-wheeled trailer called a lowboy. He then had six men in his employ during the construction season together with his three sons when they were not in school. Prior to May 1942, two large caterpillar tractors were added to his equipment, which were kept on the job site until the following fall. By March 10, 1961, the date of the alleged violation, his equipment inventory had grown to three lowboys, four large earthmoving machines called turnapulls, about twenty caterpillar tractors, three rubbertired tractors, twenty-five trucks of all types, two motor patrols or graders, and several pieces of specialized equipment called rollers, rooters, and tampers. All of the equipment, according to defendant, was stored on the premises in the wintertime and most of it was on the job site in the summer except trucks, which were returned to the premises nightly if the job site was nearby. In the construction season, defendant employed as many as seventy men which dropped down to about three in the winter. He said that in March 1961 his equipment was stored in practically the same place on his premises as it has been in the winters of 1950 to 1953, and that in the 1940's the trucks, shovel, tractor, and lowboy were stored wherever they were left when they were driven onto the premises. Defendant's testimony as to the usage of his premises and storage of his equipment there was substantially corroborated by his three sons, Wayne, Alfred, and Marvin, who were raised on the premises and grew up in the business. Anthony Miller, a witness for defendant and a former employee, testified[267 M1NN 520] that he had worked for defendant from about 1935 until about 4 years prior to the trial. When he first went to work, defendant had a team of horses and later added other teams which pulled scrapers, plows, and wagons. This equipment when not in use was kept quite a distance from the house where they had a 'kind of an orchard and a pasture.' He thought defendant had some power equipment in December 1941 such as a shovel, a bulldozer, some trucks, and a trailer to move the equipment, also some horses in the pasture. He said that they parked the mechanical equipment 'where they wanted to, in the whole area.' George Reiling sold defendant some trucks prior to May 1942 at which time the latter was digging basements and doing construction work with a shovel, caterpillar, dump trucks, 'and the like.' He said, 'All the area out there looked like a farm in 1942.' The additional facts which the village considers necessary to submit are: That the first zoning regulation affecting the land in question came into being May 12, 1942, when Rose township adopted Ramsey County zoning plan; that since that time the property in question has been subject to zoning regulations; that at no time since May 12, 1942, has any zoning regulation been in effect which allowed or allows the present use of defendant's land; that all applicable zoning regulations contain provisions for the continuation of lawful nonconforming uses; and that the claim of nonconforming uses constituted the entire defense. Neighbors and property owners living across County Road B-2 to the south of defendant's property also testified for the village. Mrs. Richard Johnson, 1930 West County Road B-2, said that she, her husband, and family lived there in a single family dwelling for about 10 years; that she was familiar with the surrounding property as it appeared in May 1952; that when they bought their home at that time there was nothing but fields, bunches of trees, and tall grass 'over here' (indicating defendant's property); that to the best of her knowledge the machine shed and garage were there, but not the office building; that no heavy equipment was stored at or near the premises in May 1952 as 'it was empty fields'; that there was no loading ramp [267 MINN 521] there at that time; and that the first time she observed any heavy equipment on the property was in 1954. On cross-examination, Mrs. Johnson was asked if she made any inquiry as to the use of the defendant's property across the street. She answered that she did not ask what the various buildings were for in addition to the home; that she didn't observe a gasoline pump outside the building, but she thought there was a truck 'down there.' On redirect examination she was asked if she inquired about the zoning of the property in May 1952. She replied that she inquired as to the usage of the property. 'Q. What response did you have to your inquiry? 'A. We found that-- 'Mr. Daubney (defendant's attorney): We object on the grounds that constitutes hearsay evidence. 'Court: Overruled. 'A. We were told that this was a farm, or a farmer who had a farm, and the lots across the street were not being used but that they were going to be built on, and there was nothing growing over there, such as any kind of farm vegetables and anything of that sort, and the barns were supposed to have been the farmer's barns.' John Reed moved to 1024 West County Road B-2 in 1951. As he remembered it there were very few units in front of defendant's place across the street and they were parked in front of his buildings. In the area indicated on the plat as 'heavy equipment parking area,' there was nothing at all, 'just high grass and weeds.' He testified over defendant's objection that no one told him in 1951 when he moved in that the area marked 'heavy equipment parking area' would be used for parking heavy construction equipment. A general contractor called as a witness by the village said that in 1951 he had constructed some homes in the locality involved. At least one of them was directly across the street from the defendant's property. At that time he said defendant had some equipment mostly stored around the sheds, but the land across the street was 'just a field.' Another witness for the village said that when he moved into his home in 1952 the defendant's property across the street was 'just an open field,' but on March 10, 1961, there was a loading ramp and [267 MINN 522] heavy eqUipment there, 'it's more or less like a junk area.' His wife testified that in 1952 defendant's property was 'a big field, trees, grass; it was just a lovely big meadow,' while on March 10, 1961, it appeared like 'a junk yard. * * * big scraps of iron, and piles of gravel and dirt, and just logs, and old tires.' One witness for the village said that in May 1949 when he moved across the street from the area marked 'heavy equipment parking area' on the defendant's property it was primarily a field covered with grass and a few isolated trees; that none of that area was used for parking heavy equipment at that time and there was no loading ramp. On March 10, 1961, the land was 'completely covered with either equipment or equipment that is being broken down * * * sewer piping, and surplus mounds of discarded materials * * * ' Another who lived there since August 1953 said that at that time the defendant's property directly across from her's was 'vacant; open fields,' while on March 10, 1961, there were 'many trucks and heavy equipment, road patrols, broken down earth movers, and debris, litter.' Representatives of the Ramsey County Auditor and Ramsey County Assessor testified that defendant's personal property tax returns showed his construction equipment to have a true value of $2,505 in 1942, excluding licensed trucks which were not taxed as personal property. Until 1943 the assessor accepted the valuations placed on the property by the owner and only made visual inspections on May 1 each year when most of the equipment was on the job site. The witnesses showed a gradual increase in valuation from $2,505 in 1942 to $25,995 in 1952. It appears that in 1953 the assessor checked defendant's records for the £rrst time and made an assessment of $150,000 which was the highest value until 1960 which was also set at $150,000. In 1961 the value was established at $102,450. These values were for contracting equipment which, according to the record, is machinery which does not convey a person or a product and excludes trucks. It was stipulated at the trial that on May 12, 1942, the township of Rose adopted the Ramsey County Zoning Ordinance; that thereafter upon the incorporation of the village of Roseville in 1948 the ordinances of the township of Rose, including the zoning ordinance, were adopted; [267 MINN 523] that in 1959 the village of Roseville adopted a new zoning code and subdivision regulations. It was also stipulated and agreed that the above-described ordinances recite the applicable governing law and that the court might take judicial notice of the same. At the time of the alleged offense, the premises were zoned R-1, or single-family residential. Previously when the township of Rose was incorporated as the village of Roseville in 1948, the land was classified as Farm Residential District A. It was stipulated that defendant does not contend that he comes within any of the permitted uses of the R-l, zone, but bases his defense upon the nonconforming use provisions of present and previous ordinances. He claims nonconforming use at or prior to the enactment of the zoning plan in Rose township in 1942. The Ramsey County Zoning Ordinance, s 10, adopted by Roseville on May 12, 1942, defined nonconforming use as follows: 'A building or the use of land that does not conform with the use or other regulations provided in this resolution for the district in which it is situated.' Section 11 of that ordinance provides in part: '(a) Except as otherwise provided in this Section, the lawful use of any land or building existing at the time of the adoption of this plan may be continued, although such use does not conform to the regulations specified by this plan for the district in which such land or building is located; provided, however, that no such non-conforming use of land shall be enlarged or increased, nor shall any such non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this plan; nor shall any such non-conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this plan * * * ' The Village Code ofRoseville, s 4.020, which was part of the new zoning ordinance adopted in 1959, provides: 'Except as hereinafter provided, no building, structure or land shall [267 MINN 524] be occupied or used which is not in conformity with the regulations and terms herein specified.' The Village Code ofRoseville, s 11.010, also adopted in 1959, provides: 'Any building, structure or use lawfully existing on May 21, 1959, may be continued at the size and in the manner of operation as existing upon said date, except as hereinafter specified. Nothing in this Code shall prevent the placing of a building or structure in safe condition when said building or structure is declared unsafe by the building inspector.' The trial court used to read s 11.010 in its charge, although requested by defendant to do so. It charged the jury that under the applicable ordinance the defendant's use of his land on or about March 10, 1961, was unlawful and that-- '* * * the only issue which the law directs you to consider is: Was or was not the defendant's use of his land on or about March 10, 1961, a substantial enlargement or increase over his use thereof on May 12, 1942, or an extension of occupancy to a substantially greater area than that occupied by him for the use on May 12, 1942.' > [1] The defendant did not object to the charge before the jury retired. He did, however, assign the above instruction as error in his motion for judgment notwithstanding the verdict or a new trial. An error in the instructions with respect to fundamental law or controlling principles may be assigned in a motion for a new trial though it was not otherwise called to the attention of the court. Coble v. Lacey, > 252 Minn. 423, 90 N.W.2d 314, and cases cited; Rule 51, Rules of Civil Procedure. > (FN 1) [267 MINN 525] > [2] It is our opinion that inasmuch as defendant was charged with a violation ofs 4.020, the applicable law under the facts and circumstances here is the 1959 zoning ordinance. It follows that the question for the jury to determine was whether the defendant's use of his land on or about March 10, 1961, was a substantial enlargement or increase over his use on May 21, 1959, the date of the adoption of the new zoning code. The village argues that defendant is attempting to establish that when Roseville passed the comprehensive zoning plan in 1959 all unlawful uses of land were somehow made lawful. We cannot agree with that argument. There is nothing in the record here to indicate that the defendant's use of his land was considered unlawful from May 12, 1942, until March 10, 1961, the date of the alleged violation of the 1959 code which was adopted almost 2 years before his arrest. Although it is obvious here that the defendant's use of his land was intensified between May 12, 1942, and March 10, 1961, the record is not too satisfactory as to how substantial an enlargement or increased use, if any, took place between May 21, 1959, and March I0, 1961, the date of the alleged violation. > [3] It is our opinion that because of the instructions given at the trial this case should be remanded for a new trial in accordance with this opinion. > [4] Defendant claims error as to the admission of certain evidence objected to at the trial. In that connection, we believe it was error to permit Roswell B. Rehnke to testify over defendant's objections that the F.H.A. refused to insure a mortgage across the street from defendant's property on an application received March 22, 1961, some 12 days after the date of the alleged violation. > [5] With reference to defendant's claim that the court erred in permitting[267 MINN 526] Mrs. Richard Johnson to testify over his objection that she had been informed in 1952 that defendant's property was a farm and was going to be developed into residential lots, it appears that defendant earlier opened this question when he asked the witness if she made any inquiries as to the use of his property when she purchased her home in 1952. Under those circumstances, admission o£her testimony did not constitute reversible error. We need not pass on other errors claimed by the defendant as to the admission of testimony as those matters will have to be determined by the trial court if and when they come up on the new trial. Reversed and new trial granted. > FN1. In State v. Wilson, > 238 Minn. 447,454, 57 N.W.2d 412, 416, this court said: 'Our rule is now embodied in Rule 51 of the Rules of Civil Procedure. While these rules do not apply to criminal trials and this case was tried prior to the effective date of the new rules, Rule 51 states the law as it existed prior to its adoption. See, 2 Youngquist & Blacik, Minnesota Rules Practice, 555. Rule 51 of the Rules of Civil Procedure, as far as here material, reads: "* * * No party may assign as error unintentional misstatements and verbal errors, or omissions in the charge, unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objections. An error in the instructions with respect to fundamental law or controlling principle may be assigned in a motion for a new trial though it was not otherwise called to the attention of the court." CHANHASSEN FiRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 24, - JULY 30, 2000 mon Mon Mon Mon Tues Tues Weds Weds Thurs Thurs Thurs Sat Sat Sun Sun Jul 24 12:34 PM Jul 24 4:24 PM Jul 24 4:34 PM Jul 24 9:55 PM Jul 25 4:07 AM Jul 25 8:00 PM Jul 26 3:41PM Jul26 8:38 PM Jul 27 8:21 AM Jul 27 9:48 AM Jul 27 6:16PM Jul 29 ll:13AM Jul 29 12:16 PM Jul 30 7:02 PM Jul 30 8:14 PM Redwing Lane Fire alarm - false alarm, no fire Great Plains Btvd & Chan View Car/pedestrian accident with injuries Tecumseh Lane Mountain View Court Shawnee Lane Chan Fire Station Frontier Trail Galpin Boulevard Hazeltine Boulevard Century Boulevard Stone Creek Drive Cascade Circle West 78th Street Highway 101 & Kiowa Trail West 78~h Street Gas line break Medical - cut hand Medical - possible heart attack Weather watch - stand by Medical - person fell Recreation fire Fire alarm - false alarm, no fire Medical - person fell Medical - person choking Fire alarm - false alarm, no fire Fire alarm - false alarm, no fire Car accident with injuries Water flow alarm, broken sprinklerpipe aug 8Z 2888 11:18:31 Via Fax -> 61Z 937 5739 Scott Botcher AMM FAX NE Page 881 Of 80Z Assodation of Hetropolitan HunicipalitJes July 31-Aug. 4, 2000 (page 1 of 2) Met Council in process of revising transportation plan The Metropolitan Council has begun the process of revis- ing the Transportation Policy Plan. The Council's Transporta- tion Committee held a special meeting to review the proposed changes. The committee suggested several changes that will be incorporated in a draft to be presented to the full Met Council at a meeting scheduled for later this month. Upon approval of a working draft, the Transportation Advi- sory Committee (TAC) and the Transportation Advisory Board (TAB) will review it. The sug- gested changes of the two groups will be reported to the full Council for inclusion in a revised draft that will be the subject of a public hearing. The hearing has not been scheduled but will be held in the fall. The revisions presented to the Transportation Committee include but are not limited to technical changes, modifications to existing policies to incorpo- rate smart growth principles and more detail and specifics for such policies as rural transit and other modes -trails, bi- cycles and freight. Copies of the latest draft can be obtained from the Met Council by calling 651-602- 1000. AMM New~ Fax is faxed to ail AMM city otanagers and administrators, legislative contacts and Board members. Please share this fax wHh your mayors, councilmembers and staff to keep them abreast of impor- tant metro city issues. ~ Copyright 20l)0 .,IMM 145 University Avenue H/est St. Paul, MN 55103-2044 Phone: (651) 215-4000 E-mail: amm~ammI 45. org Mayors' task force examines housing issues The Mayors' Task Force On Affordable Housing has established several work- groups to discuss such issues as zoning, funding, public awareness and design and management. The work- groups should report their findings and recommen- dations to the full task force at its Monday, Aug. 28 meet- ing. Mn/DOT is soliciting TRLF projects Sept. 15 deadline for submitting applications Mn/DOT is requesting candi- date projects for funding through the Transportation Re- volving Loan Fund (TRLF). The deadline for submitting applica- tions is Friday, Sept. 15, 2000. To be eligible for funding, the project must be eligible under federal funding programs. The TRLF was established by enabling state legislation en- acted in 1997. The TRLF provides Iow interest loans to public entities TRLF Projects · See Page 2 aug 82 2888 11:11:14 Via Fax -> 612 93? 5?39 Scot~ Botcher Page 002 0£ 882 July 31-Aug. 4, 2000 ~ AMMNewsFax ~ Page2of2 AMM, LMC to co-host regional meeting this fall The AMM and the League of Minnesota Cities (LMC) will again co-sponsor a metropolitan regional meeting this fall. The meeting is planned for Thursday, Sept. 28 from 3- 8:30 p.m., and will be held at the Sheraton Four Points Hotel in Minneapolis (for- merly the Sheraton Metrodome). Please see the graphic at right for a listing of the day's agenda. More information on how to register for this event will be mailed to you soon. If you have questions, call Kevin Frazell with the LMC at 651-281-1215. 3:00 p.m, 3:00-3:45 3:45-4:00 4:00-4:30 4:30-5:00 5:00-5:45 5:45-6:30 6:30-6:40 6:40-7:00 7:00-7:45 7:45-8:30 Opening/Welcome Overview & Demonstration of LMC & AMM Services Available via the Web Web Services Available for your City through LMC Data Practices, Records Retention & Open Meeting Law Compliance in the High-Tech Age Tools for Positive Youth Development in your City Social Time Dinner Welcome from Host City LMC & AMM President Remarks Metropolitan Council Roundtable Discussion "Building Quality Communities" TRLF ProjectS/Eligibility is based on federal funding programs From Page 1... for transportation projects. The loans are made by the Public Facilities Authority (PFA)in conjunction with Mn/DOT. Several metropolitan area projects have been funded through the TRLF. Among them are the reconstruction of por- tions of Highway 100, 1-94 bridge replacements in Maple Grove, construction of a pedes- trian/bike bridge in Brooklyn Park and the construction of a pedestrian tunnel/skyway in St. Paul. The loans, which can expedite the completion of the project, can be repaid with local funds or future state or federal aid (high- way) payments. Additional information regard- ing the TRLF can be obtained by calling Brian Vollum of Mn/DOT at 651-582-1408 or visit their web site at: ..h....t..t_p...;.././_ www. oim.dot,state, mn.us/trlf MINNESOTA CITIES Building Quality ECEIVED Communities ?1 0 7 2000 LEAGUE OF MINNESOTA CITIES 145 University Avenue West St. Paul, MN 55103-2044 Phone: (651) 281-1200 Fax: (651) 281-1299 TDD: (651) 281-1290 www.lmnc.org August 3, 2000 To city administrators: It's August and cities are gearing up for Minnesota Cities Week, planned for the week of Oct. 8-14. This year's theme is Building Quality Communities, and I'm hoping your city plans to host events in honor of Cities Week. Building Quality Communities is also the theme of the League's new educational campaign launched in June at the Annual Conference. It's focus is threefold: to enhance the image of cities and city officials; to reinvigorate and increase citizen participation in their city government; and to reinstill a sense of pride in public service, inspiring young people to seek careers in city government. At its heart, Building Quality Communities is about cities as the means to "cominunity," and how we work in the interest of the families and businesses of our communities. This grassroots comlnunications effort is designed to reconnect cities to citizens and explain how city services improves the quality of life ~ve enjoy here in Minnesota. All cities, large or small, can celebrate their efforts in building community. Celebrate and showcase what you've been doing all along - building a new fire hall or community center, developing a new public safety program, or recognizing the host of volunteers who contribute their time and energy to your community. Then tell your citizens and local businesses and make it a community event! Enclosed in this packet is a list of event ideas, a planning check list, sample press releases and a city council resolution. An electronic copy of the Building Quality Communities logo can be customized for your own city by ordering one on the BQC Web site: www. lmnc. org/bqc/ho mc.hr m. People are what communities are all about. Let's bring theIn together this fall and join other cities across Minnesota in Building Quality Communities. Sincerely, Gary Doty, President Mayor, City of Duluth Minnesota Cities Week 2000 "Building Quality Communities" October 8-14 Below are some ideas for celebrating Cities Week. Use your imagination and have fun. Your community has a rich history and you build a quality community in countless ways. The size of the event depends upon the resources of your city. Eventldeas · Show the Building Quality Communities video on your local cable channel or at city events. Ask the local historical society or civic group to co-sponsor a heritage day focusing on the history of your city. Recruit a school class to develop a local history display at the library, at the local shopping mall, or on the community's web site. · Work with youth groups to celebrate the unique gifts of your young people. · Recruit a high school computer class to help organize an on-line community discussion on your community's web site. · Contact senior citizen groups for their involvement and historical perspectives', discuss ways to get senior citizens involved in city government. Work with the schools -- encourage job shadowing, mock city council meetings, mock (or real) ordinance writing on a community issue, sponsor community beautification projects, recognize students at a council meeting. · Create an adopt-a-school program where city departments "adopt" a local school to share information and plan activities. Sponsor a poster contest for area children related to a particular city government issue or service, recycling, water conservation, recreation and parks, planning, police and fire services, etc. Hold a scavenger hunt of city roads, places or people through your local media or city newsletter. Or create an I-scavenger hunt on the Internet and promote through your schools and community groups. Coordinate ongoing or new partnership programs with schools, business groups, neighboring towns. Explore unique needs of members in your community and find a creative way to gather the community to meet those needs. Open House This can function as a kick-off to Cities Week or as your city's only event. · Serve refreshments; have city staff and officials mingle with citizens. · Let visitors tour city hall and public service departments or buildings', highlight the planning, engineering and public works departments and explain to visitors how they affect residents and businesses every day. · Display the latest police and fire technology. · Invite community groups (the scouts, lions club, etc.) to participate. · Display fire trucks, police cars, snow plows; take photos of visiting kids. · Offer door prizes to citizens attending events: coupons for free city services like admission to a public recreation facility. City Fair Celebrate with a day or evening fair in your community's gathering place. · Hold a baking contest. Advertise in your local paper; ask the paper to run the winning recipes or finalists. Get the schools involved. · Celebrate your city's history. How did your name get chosen? Who founded your community and when? What else was happening in the state, country that time? Hold a contest (advertise in your local paper) to see who knows their hometown best. Use the Fair to highlight significant events, honor long-time community members, quiz school children, etc. · Host a fall festival. Feature hay rides and tour your city. Have the tour guide point out and explain the city services along the way. · Exhibit school art in city hall. Have schools submit paintings and drawings that define the students' perceptions of their role in city government. City Night This event is a great wrap-up to the end of Cities Week. · "Light the Night" -- hold a bon-fire and tell stories about your city, your city's history, important people in your neighborhood, feature local entertainment or school groups. · City Get-together -- serve ice cream, juice, cookies, or sell boxed meals and give the proceeds to a local charity. Again, feature school or other community group entertainment. Minnesota Cities Week 2000 "Building Quality Communities" October 8-14 Getting Citizens Involved-- Getting the Media's Attention The goal of Cities Week is to promote the value of cities and the crucial role they play in developing communities known as our home towns. It's also a time to remind citizens that their involvement is essential -- from helping in planning efforts, to volunteering, to holding office, to simply understanding and caring about the government that's closest to the people. Getting the attention of your local reporters and editors is essential to getting your residents to participate in your Cities Week celebration, not to mention the city's daily news and events. Below are some points to consider when planning your event(s) and how you want to publicize them. Center your celebration on news, something important to all citizens (and the media) such as: · a recent city accomplishment or an important capital investment; · community volunteers; · look back on a recent challenge and celebrate the successful conclusion or involve citizens in working to solve the problem; or · the cooperation among citizens during a recent community project. · Contact yourschools, chambers of commerce, the library and other community organizations -- expand the celebration and involve them in the planning. · Circulate a calendar of events to media, civic groups, city staff, local businesses, schools, and other citizen gathering places. · Get your reporters and editors involved in the beginning -- designate a city contact person; invite reporters to planning meetings. Remember radio, television and cable groups. Basically, the more community members and groups that are involved in your events, the more chance they will get the deserved attention. And if your events focus on the newsworthy, your reporters will want to cover them. So share the news! Draft Press Release 1 FOR IMMEDIATE RELEASE (Date) Contact: (your name) (your phone) (Name of City) Celebrating Cities Week Oct. 10-16 In an effort to share the year's successes and recognize the contributions of many of our citizens, the city of (name) will participate in Cities Week, Oct. 8-14. "Building Quality Communities" is this year's Cities Week theme and it is a chance for City Hall to open its doors and invite our neighbors and fi'iends to learn more about our community, what we've done over the past year and where we'd like to go. "Building a high quality community is our city's main goal," said [city mayor or other represe~tative]. "This campaign is a commitment to communicate with our citizens, seek theh' involvement and trust, and ultimately enhance the perception people have of government. Greater citizen connection to government is essential not only for a healthy democracy but also for vital communities." The city of (name) is hoping the entire community will participate in Building a Quality Community during Cities Week by attending various events scheduled throughout the week. (optional) Join your mayor, city staff, and neighbors at City Hall's Open House, (time) on (day), (date). (optional) Other events for Cities Week include: Cities Week is an annual statewide celebration of cities. It is sponsored by the League of Minnesota Cities to recognize cities' work in developing communities, and encourage citizen understanding of and participation in their local government. For more i~formatio~ about Cities Week, please call (city contact name, phoebe mimber). For more i~formation about the statewide celebration of Cities Week or about the League of Mbmesota Cities, call PR Coordinator Laura Petersen at 651.215.4031. Press Release 2 FOR IMMEDIATE RELEASE (Date) Contact: (your name) (your phone) (City) residents will be Building a Quality Community, Oct. 8-14 Where can you chat with the mayor, sit behind the wheel of a police car, see the latest in your city's fire rescue technology, and have a few cookies and some punch? It's all going to happen at City Hall's Open House. Come join your friends, neighbors and city stall' as they celebrate Cities Week: Building a Quality Community in (Name of your city). This event xvill occur during Minnesota Cities Week 2000 at (time), on (day), (date) at City Hall. Other Cities Week events include (listing of other events): Cities Week is an annual statewide celebration. It is sponsored by the League of Minnesota Cities to recognize cities' work in developing communities, and encourage citizen understanding of and participation in their local government. For more information about Cities Week, please call (ciO' contact name, phone number). For more information about the statewide celebration of Cities Week or about the League of Miuuesota Cities, call PR Coordinator Laura Petersen at 651.215.4031. Press Release 3 FOR IMMEDIATE RELEASE (Date) Contact: (your name) (your phone) (City)'s 2000 Cities Week will highlight Onajor accompIishmenO (Specify major city accomplishment) topped the list of major city accomplishments this year. The commitment and efforts of many people, including our city staff and volunteers, were essential to the successful completion of this project. Om' city has worked to include citizens in the vision and development of our community to meet their needs and plan for our futures. In honor of this commitment and the partnerships between citizens and city government, the city of (name) will celebrate Cities Week 1999 Oct. 8 through 14. Join your mayor, city staff, and neighbors at City Hall's Open House at (time), on (da5'), (date), at (City Hall address). Cities Week is an annual statewide celebration. It is sponsored by the League of Minnesota Cities to recognize cities' work in developing communities, and encourage citizen understanding of and participation in their local government. For more information about Cities Week, please call (city contact name, phone number). For more information about the statewide celebration of Cities Week or about the League of Minnesota Cities, call PR Coordinator Laura Petersen at 651.215.4031. Minnesota Cities: Building Quality Communities CITY RESOLUTION Pass this resolution at a city council meeting to make your city a participant of the Building Quality Communities effort. Whereas, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children, and recreational opportunities; and Whereas, many of the services c/t/es provide directly enhance those citizen pr/or/t/es; and Whereas, the connection between city services and how they benefit c/t/zen pr/or/t/es and concerns is not always understood by citizens; and Whereas, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and Whereas, it is important to encourage citizens to actively part/c/pate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and Whereas, partnerships developed between citizens and city officials can result in greater understanding of the connection between Plinnesota's high quality of life and the services provided by IVinnesota cities, as well as in greater trust by citizens in the efforts of their city government; Now therefore be it resolved that the city of hereby dec/ares its commitment to join in the "Plinnesota C/t/es: Building Quality Communities"statewide educational effort in cooperation with our fellow members of the League of Plinnesota C/t/es. We hereby designate (insert name & t/tie of BQC contact_) as the city of 's key contact for this effort, and w/ii inform the League of Plinnesota C/t/es of this designation. For more information and resources, visit the League's BQC Web site: www.lmnc, org/bqc/home.htm CARVER COUNTY I.S. Fax:612-561-1582 Rug 4 '00 15:24 P. 01/01 ~Rt 1231 C 0 U N T Y H R I F F BURGLARY FROM GARAGE Homeowner Interrupted Burglary in Progress City of Chanhassen Sheriff Bud Olson is seeking information and asking for the public's help regarding a recent attempted Burglary in Chanhassen, Minnesota. On August 2, 2000, at approximately 4:45 AM, a homeowner interrupted a burglary in progress on Walnut Curve. Two while males fled on foot. An area search was immediately conducted by the Carver County Sheriff's Office. No contact was made with the suspects. The suspects were observed in the garage as the homeowner was in thc process of lcaving for work. The overhead uarage door was left open overnight! Sheriff Olson is asking the area residents to: · Keep their garage doors closed and locked when not in use. · Keep vehicles locked and remove valuables. · Call 9-1-1 immediately if you observe suspicious activity. O F If you have any information regarding this incident or any crimes, please contact the Carver County Sheriffs Office by dialing 9-1-1 or the non- emergency number, 612-361-1231. If you wish to remain anonymous, you may call the "Confidential Crime Line" at 612-361 - 1224. I f the information is related to this case, please refer to number 00.15758. Sheriff, Carver County August 4, 2000 CITYOF CHANHASSEN ~0 G0, Center Ddve, PO Box I47 C/?anhassen, M/nnesota 55317 Photo 612.937.1900 Ge, era/t:~x 612.93Z ~739 5~ineri,g Fax 612.93Z 9152 'ztb/ic S,~'O, bhx 612. P34.2524 MEMORANDUM TO: Mayor City Council Scott A. Botcher. Git3' Manager '~~ August 2.2000 Community Oriented Police Services Grant (COPS) FROM: DATE: SUB J: If you remember during tile budget session, Bruce and I discovered that the City of Chanhassen had not pursued reimbursement under a COPS grant that xve had received tbr a three-year period of time (1998-2000). I had reminded Mr. Gerhardt this spring to research this issue further, given the changes in our law enforcement services and thc fact that Kerri had left our employ. Ilis report is attached as a memorandum dated July 6.2000. rI'odd's report is consistent with my oxvn previous experiences with this grant. I do not know under what assumptions previous staffpresented and/or previous council agreed to apply for this grant, but the cash flow indicated on Todd's memo is pretty easy to understand. At this point, there is no action required by tile Council; I am simply providing this to you as a point of information. If you have any questions about this issue. please feel flee to contact me. Thank vou. g: uscr',scotlb',cops grant.doc CITYOF 690 CiO, Cemer Drive, PO Box I47 C/,~hassc~, ~lIi~mota 55317 I~ho~e 612.937. I900 (h~;~c~d ~.x' 612.93Z5739 3q~i~ecri~g ~a' 612.932 9152 MEMORANDUM TO: FROM: Scott Botcher, City Manager Todd Gerhardt, Asst. City Manager DATE: July 6, 2000 SUB J: Update on the Community Oriented Police Services Grant As you requested, I called the U.S. Dept of Justice for an update on our Community Oriented Police Services Grant (COPS). Ray Reeds, COPS Grant Administrator stated that our grant has been "de-obligated," which means we are not obligated to fulfill the requirements of the grant. The COPS grant required that the city provide a 50% salary match for Kerri's position (or another licensed officer) for a three-year period of time (1998-2000), and that the officer remain employed by the city for one full year following the grant period (2001). Since Kerri was only employed by the city for two years under the COPS grant (1998 and 1999), the city has not met the grant requirements and therefore will not be receiving any matching funds for this position. If the City were to receive the COPS money, we would have to hire a licensed police officer for two more years at an estimated cost of $100,000 based on the example below. Example of the grant process: Kerri's Position Cost the City COPS Money Back to City 1998 $50,000(Est. salary/benefits) $25,000* 1999 $50,000 $25,000* 2000 $50,000 $25,000* 2001 $50,000 $ 0 $200,000 $75,000 * The City would only receive these funds if the city continues employment with Kerri or another licensed officer through the 2000 and 2001 budget year. Staff would recommend that we not activate the COPS grant. admin\tg\COPSGrantUpdate CITYOF CHANHASSEN 0 Ci0, Ca. to' Drive, PO Box i47 ~fha.haxxe~, Mi..esot,~ 55~17 Pho,e 612 9JZ 1900 (;c,e~d ~.¥ 612 93Z 5.~39 :)~gi,rcE,g ~.~' 612 93 ~ 9152 ~bSc S,~? ~x 612. Y34.2524 MEMORANDUM TO: Mayor City Council FROM: Scott A. Botcher, City Manage~r5 DATE: August 2, 2000 SUB J: August Ist Letter fi'om Moss & Barnett Attached please find a cop3' of a letter fi'om Brian Grogan regarding the Everest Cable TV submittal. You will notice in the letter from Larkin ttoffman to Mr. Grogan (page 2) indicating a refinement of their response to a question listed as Exhibit I (page 3). Consistent with the Larkin letter, please make sure that you enclose this response in your binder and please act to ensure that distribution of the original response to Question 1.1 does not occur at this time. l£you have any questions about this correspondence, please feel fi'ce to contact 111 e. g:' user scollb.',cx crcsl cable tv.doc BP.IAN T. GKOGAN (612) 347-0340 E-Mail: GroganB~moss-bamett.com VIA U.S. MAIL LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4129 TELEPHONE (612} 347-0300 FACSIMILE 1612) 339-6686 August 1, 2000 RECEIVED AUG 02 2000 CITY OF CHANHASSEN Mr. Scott Botcher City Manager P.O. Box 147 Chanhassen, ~ 55317 Re: Everest Connections Corporation Application for Cable Communications Franchise Dear Scott: I have received a letter dated July 27, 2000 from Jane E. Bremer, Esq. of Larkin, Hoffman, Daly & Lindgren, Ltd. on behalf of Everest Connections Corporation regarding the above-referenced matter. For your review, please find enclosed a copy of that letter and its enclosure. If you have any questions or ifI can provide clarification, please feel free to contact me. Very truly yours, Brian T. Grogan BTG/tlh Enclosures 352026/1 Jane E. Bremer DIR. DIAL (952) 896-3297 E-Mail jbremer~lhdl.com July 27, 2000 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (952) 835-3800 FAX (952) 896-3333 JUL Brian T. Grogan, Esq. Moss 8: Barnett 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 Re: Cities of Bloomington, Chanhassen, Eden Prairie, Edina, Hopkins, Minnetonka. Richfield and Wayzata and the Northern Dakota County Cable Communications Commission/Everest Connections Corporation Applications for Cable Communications Franchise Dear Brian: On behalf our client, Everest Connections Corporation ("Everest"), we hereby restate our response to question I. 1. of the Request for Proposals Official Application Forms submitted by Everest to the Cities of Bloomington, Chanhassen, Eden Prairie, Edina, Hopkins, Minnetonka, Richfield and Wayzata - and the Northern Dakota County Cable Communications Commission ("Communities"). Our- restatement is attached hereto as Exhibit 1. This restatement is proposed in an effort to ensure the accuracy of Everest's Applications which currently contain premature statements. While we view these premature statements as confidential, we recognize that the Communities may have distributed this information. Therefore, we request that the Communities cease further distribution of our original response to question I. 1. If you have any comments or questions, please do not hesitate to contact me. Thank you in advance Ibr },our assistance in this matter. ~ne E. Bremer, for ~ I A DIFINI LIC'I1TI LARKIN, HOFFMAN, DALY & LINDGREN. Ltd. enclosure cc: Michael B. Roddy Dick Rogers ::ODMA~,PCDOCS\LIB 1\604149\I Exhibit 1 I. Plans for financing the proposed system, which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital. This information shall include the following: 1. List and describe all financial resources (committed or otherwise) which the applicant proposes to use in constructing and operating the system. Committed financial resources may include, but are not limited to: bank financing; existing capital reserves; capital calls (or equivalent rights) under definitive governance documents of the applicant; operating surplus to be generated from operating activities; or resources generated through the issuance of debt or equity securities. Everest has significant financial resources available for its planned system in the Minneapolis/St. Paul metropolitan area. The company signed an agreement with UtiliCorp United, Inc., a major publicly traded utility based in Kansas City, Missouri, which will result in a three hundred million dollar ($300,000,000) equity commitment. (See Attachment 15). The company is also close to announcing vendor financing commitments in an amount above its initial equity investments. These commitments together with Everest's positive working relationship with major lenders in the cable television industry makes Everest fully capable of financing the proposed system in the City. 2. With respect to each of the sources described in 1 above, provide supporting documentation (such as a commitment letter from a financial institution; copies of definitive governance documents; terms sheet for debt or equity securities...) establishing the total resources available and the amount of resources appropriated for the cable franchise operations, if different from total funds available. (See Attachment 16). 11. CITYOF 0 CiO' Ce, terDd~e, PO Box I47 Z/~anhassen, Mi,,esota 55317 Pt;o,e 612.93Z 1900 G~',e~d ~x 612.93Z 5739 5(Ozering Fax 612.93Z 9152 u~/ic Sago, ~x 612.93(2524 TO: FROM: DATE: SUB J: MEMORANDUM Mayor City Council Scott A. Botcher, City Manager~q'~r5 August 2, 2000 PERA Funding Options Please lind attactned a cop>, ora draft prepared and presented by Eric Willette from tile League of Minnesota Cities regarding PERA funding options potentially available in dealing with the stnortfall that fund is experiencing. The ones I tnave circled, Items 1.4 and 6~ are apparently the suggestions that lmve a lnigher probability of being implemented in some way, shape, or form tlmn tile otlncrs. Please understand tlnat tlnis list is not meant to be a full and total representation of tlne potential options out tlnere, but simply a list of some of line most likely and/or ah'eady discussed options. I present tlnis to you as tlnere remains a strong possibility tlmt increases in contributions on tile part of both the employers and employees will probably be part of tlne solution. Tlnis certainly lms financial impacts upon municipal budgets statewide and you should be aware that this issue is conning. Tlmnk you. g:' uscr,scotlb pcra ftmding options.doc Afle~da~+er~ q .>. 02 Pension commission discusses PERA funding Eric PVillette The Legislative Commission on Pensions and Retirement held an informational hearing Tuesday, June 27 regarding the PEtLA coordinated plan's funding deficiency. The plan is expected to need additional funding of more than $100 million a year over the next 25 years to cover projected pension benefits. If the funding comes only fi'om employer and employee payroll contributions, this represents an increase of 30 percent over current contribution levels. The commission meeting began with the chair, P~ep. Harry Mares (R-White Bear Lake), outlining the process the commission would follow in working on this issue. He plans to hold two meetings of an informal working group in September and October. All interested parties, includ- ing city officials, are encouraged to attend to discuss their perspectives on the issue. The working group will compile a list of options for fixing the funding deficiency for the pension commission to consider in November when the latest actuarial estimates of the plan will be available. The meeting dates and times have not been set, but will be publicized in the Cities Bulletin when they are available. Rep. Mares turned the meeting over to Larry Martin, director of the commission, who described the history of PEtLA membership, benefits, contributions, and funding levels. Mr. Martin also outlined a broad range of options for improving the funding of the plan. The options included benefit changes, eligibility changes, increasing contributions, increasing state aid or other state funding sources, actuarial assumption changes, combining the fund with other pension plans that are more than 100 percent funded, and taking no action. All the options have advantages and disadvantages, as well as support- ers and detractors. The commission actuary, Tom Custis, then described the causes of the current funding deficiency and the magnitude of the problem. The biggest source of the deficiency is that the fund has overestimated its "separa- tion rates/' which is the percent of members who leave the plan and take refimds on their employee contribu- tions. When a member takes a refund, their employer contributions remain in the plan and help fund other members' benefits. (Both Mr. Martin and Mr. Cnstis provided memos outlining their remarks. These memos are available at the pension cornmissionWeb site: www. commissions.leg.state.rrm.us/ Icpr/results.htrn or you can call Eric Willette at the League for copies.) Mr. Cnstis was followed by Mary MostVanek, director of PER.A, who told the commission that no "magic bullet" exist~ to solve the problem. Contribution rates will need to be raised. The question to be explored is how much they should be raised and what other revenue sources may be available to reduce the need for contribution increases. ~- Continued from page 3 be represented on the task force. The statute also specifies that half of the task force is to consist of employees and half of employers. However, to meet the latter requirement, DOEI~ apparently is counting the retirement fund representatives as "employers." Since management representatives make up a minority on the boards of directors of the retirement associa- tions, it seems peculiar at best to consider the retirement funds to be "employers:' Such employers include the executive director of the Minne- apolis P..etired Police Association, who sits on the Task Force as the "represen- tative of the first class city police relief associations.'? Interestingly that individual is also a member of the PEIP board and has made it clear that he favors making PEIP mandatory. Additionally, the representative of the legislative coordinating commission subcommittee on employee relations has also apparently counted as an "employer" representative. Finally, it should be noted that health coverage providers are very conspicuously not represented on the task force. If the goals were to conduct an impartial evaluation of alternatives, the data and insights which Blue Cross, HealthPartners, or Medica could provide would seem to be invaluable. The statute says that the task force is "not limited to" the listed rel~resentatives, so it clearly would allow for representation by the health plans. While there's obviously a legitimate concern that the health plans' actions on the task force might reflect their own self-interest, that concern would seem to apply with equal force to the representatives of E-ducation Minnesota or PEIP. In short, the League anticipates that the task force's activities (and probably its conclusions and recom- mendations) will be driven much more by politics than by public policy and an impartial evaluation of facts, ll~ July 5, 2000 Page 5 District 112 Fields Task Force Meeting # 6 July 25, 2000 Meeting Notes RECEIVED AUG 0 '7 2000 CITY OF CHANHASSEN 1. Meeting convened by Bill Taylor. 2. Meeting Notes from July 11 discussed. Quality vs Quantity vote was reviewed. Quality does not equal sand peat fields. Quality was defined as irrigated, well maintained, good drainage, firm, and level fields. The concern is that while a sand peat field is closer to any which might be guaranteed to rebound season after season, the cost is a factor. Typically sand peat is used for stadium fields but not for practice fields. Date of tonight's meeting was printed incorrectly as July 27. 3. Diana Kasper reviewed the methods for decision making the group had discussed at the first meeting. Consensus was confirmed with another method (dots or fist to five) if needed. 4. Kathy Skinner gave the City of Chaska expectations regarding seven fields: a) District replaces 3 fields from Pioneer Park b) District develops 1 field and parking on Molnau property c) Four of the fields must be soccer d) Additional money for fields and parking at Middle School Campus e) One field at Pulte, others can be somewhere else (don't have to replace a baseball field for a baseball field etc.) 5. Any recommendation from Task Force to the School Board must address District commitment to maintenance. 6. Lee Meyer described each component of possible options (a,b,c, and d) 7. Questions/Concerns/Issues a) Is Field I currently being irrigated? b) Is quonset hut coming down? c) Why not rent bleachers? Extensive discussion about viability of rental bleachers, liability, community expectation in referendum, d) What is parking lot surface? Extensive discussion of Class 5 gravel vs asphalt. e) What is cost of asphalt vs ag lime for track? Estimated at $125,000 to $150,000. f) What about adequate parking spaces when both soccer and baseball games are played? g) How much for 200 spaces vs 100 spaces? It was estimated at $50,000. h) What height will the berm be for the buffer? What type of trees and fence? Neighbors will be involved in the planning of the buffer. i) Additional parking is a primarily a community need. j) Lake Ann, Chanhassen fields were not in good shape but with aeration and proper maintenance, they are now excellent. k) Leave some contingency money because costs are estimated vs identify exactly what is wanted. 1) Put a lockable fence between fields H and I m) Call the fields "multipurpose" or "soccer-football" fields. 8. Mike Werner reviewed the Referendum items and estimates at that time: a) Bleachers at Middle School Campus $100,000 b) Upgrade Soccer Complex 182,000 c) Lights (now no cost) d) Bleachers at CHS 125,000 9. After considerable discussion, the recommendation for the Board of Education with necessary District commitment to maintenance and the involvement of the Park Ridge representatives for design input on the barrier (berm, trees, and fence) will be sent to Task Force member with a meeting August 8th to review recommendation but not to revisit the issues. See attached pages for recommendation detail. The breakdown of the recommendation is as follows. It is Option D with the addition of $10,000 for a fence between fields H and I as a part of the project to widen football field I from 160 to 210 feet, add retaining wall, $50,000 for an additional 100 parking spaces for Soccer fields under scheme A, $10,000 for irrigation to upgrade baseball field (field B), and $20,000 to upgrade football field O. This is a total of $915,000. Additional amounts of $13,000 for High School field improvements and $7,000 were added to the recommendation to bring the total up to the $935,000 project budget. The recommendation was confirmed with a "fist to five vote" which was virtually unanimous. Of twenty people voting, one person was opposed who wanted to have blacktopped parking lots and there was one abstention due to an excessive number of eligible voters from one group. Note: Final Meeting to review School Board Recommendation is Tuesday August 8th at 7:00pm. Meeting will be held in the 3rd floor Board Room at the District Education Center (note new meeting location) 0 0 High School Campus Middle School Campus District 112 Fields Task Force Recommendation for Field Expansion and Improvements July 25, 2000 HIGH SCHOOL FIELD IMPROVEMENTS 1 Upgrade 1 Soccer and 1 practice football field (South of pathway) Upgrade 1 Soccer field (North of pathway) Level selected areas, provide aggressive turf development 2 Provide 900 seat Visitor bleachers at Football field $73,000 $94,000 NEW ELEMENTARY SCHOOL FIELD IMPROVEMENTS Irrigation for 2 soccer fields (330 x 225) $24,000 CITY OF CARVER SOCCER FIELD Proposed School District contribution for new soccer field in Carver MIDDLE SCHOOL FIELD IMPROVEMENTS 1 Upgrade existing Soccer Complex Earthwork; Drainage, relocate lighting, add retaining wall Upgrade 1soccer field (Field H) to 330 x 225, Convert football field into new soccer field (field I) 330 x 210 Extend fencing, provide fence between fields 2 Provide New 600 seat bleachers at Soccer field Complex 3 Develop 3 New Soccer Fields Field M (360 x 225), Field K (330 x 225), Field P (360 x 225, East/West), Irrigation, 200 parking spaces, Earth berm/trees/wood fence between soccer fields and housing 4 Other improvements Upgrade Baseball field (field B) level selected areas, turf development, i'rrigation Upgrade Football field (field O), level selected areas, turf development, Field Equipment (goals for 7 new soccer fields) $30,000 $181,000 $98,000 $388,000 $20,000 $20,000 $7,000 TOTAL Other additional items beyond the Field Improvements construction budget of $935,000 Upgrade Football field (field O) into 360 x 240 soccer field Provide new Soccer Field J (360 x 225) $935,000 $60,000 $220,000 AJA INC KKE Architects 0006-1097-0 I/FIELDCOSTS4 J~ c CD 2246 Stone Creek Lane East Chanhassen, MN 55317 August3,2000 Todd Hoffman 690 City Center Drive Chanhassen, MN 55317 RECEIVED AUG 0 7 2000 CiTY OF CHANH^SSEN Dear Todd, I've been wanting to drop you a note for a while, and the article in the Villager regarding the addition to the new skate park was my impetus. I've spent my summer car pooling teenage boys form our neighborhood to the Chanhassen Skate Park. I want to personally thank you and the Park and Recreation Board for your foresight into this "extreme" sport. Our Park and Rec. Department has provided a fabulous alternative sport for the boys and girls in our community. My son for example, does not like contact sports like football and soccer. He finds baseball too slow; thus the excitement of boarding is where the action is. He likes boarding because he competes against himself by perfecting his "grinds" and jump tums. Thank you for giving them a place to come together as a group to learn from each other and bond. Much praise needs to be expressed to the Board for providing the skate park and the addition. The kids know that they are fortunate when they talk with friends from Chaska who have had to do much of their own fund raising. They are proud as small town kids to have their own skate park before their friends in Eden Prairie do. I would also like to mention that the city staff has been very helpful with any concerns and/or problems that have surfaced at the skate park. Todd, as I learn of the Boards decision to finish Stone Creek Park along with the skate board addition, I must conclude that the Park and Rec. Dept. along with the Board are extremely in tune to the needs of its citizens. I personally appreciate the openness and considerations that I have experienced dealing with our Park and Recreation Department. As a neighborhood, we appreciate the Stone Creek Park Summer Discovery Playground program that is so popular here that we "run" to the Rec. Center thus its filled the first couple days! Our kids love the staffand the creative craft projects. As always ifI can be of any service or help please let me know, (401-9454). ~ Lori Juelich CIT¥OF '(50' O'J~ter Dfire, PO Box '3,M;assen, ,,U i~mesota 5 5 317 I>ho~e ~I2. 932 i~00 (;e~'~d h2v 612, ~3E ~Z~ 9 ,'(L:~c~'~9;,~ ~.v 612. 932 9I ~2 b/ic 5)[fi'()' tizx 61Z 93-~.2524 DATE: August 7, 2000 TO: Scott Botcher, City Manager FROM: RE: Lori Haak, Water Resources Coordinator,~ Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) Proposed Plan Amendment Background: On July 17, 2000, I received a proposed plan amendment for the Riley-Purgatory- Bluff Creek Watershed Management Plan. On July 21, 2000, I received the financing schedule referenced in the proposed plan amendment. Local agencies have been asked to review the amendment and provide comments. [mpact: The proposed plan amendlnent would have a limited impact on residents of the City; however, it is unclear whether the additional fimding proposed in the amendment is necessary. Description: The proposed plan amendment seeks to authorize the RPBCWD to levy an additional $25,000 annually to finance: 1. Projects recommended by use attainability analyses conducted by the RPBCWD; 2. Capital improvements; and 3. Watershed management planning. The resolution provided to the City states that the levy amount would be $25,000 annually. The revised financing schedule (Table FS1) indicates that the RPBCWD plans to maintain a cumulative fund balance in excess of 1.4 million dollars each year through 2006. It is not clear why the RPBCWD must levy an additional $25,000 per year when such a large fund balance exists. (Attached please find nay conaments to RPBCWD.) If the plan is amended as proposed, the residents of Chanhassen ,,viii likely experience higher taxes as a result. However, because the levy is proposed over the entire RPBCWD, the increase in taxes per household should be minimal. If you have questions about the proposed plan amendment or its implications for residents of the City of Chanhassen, please feel free to contact me at 952/93% 1900, extension 105. Enclosure cc: Kate Aanenson, Community Development Director CITYOF 612.93Z I900 612937, 9152 August7,2000 Riley-Purgatory-Bluff Creek Watershed District c/o Mr. Louis Haik 701 Fourth Avenue South Suite 500 Minneapolis, MN 55415-1631 Re: Proposed Water Manageinent Plan Amendment Dear District Managers and Mr. Haik: Per your request, I have reviewed the proposed Watershed Management Plan Minor Plan Amendment. The City of Chanhassen has the following comments regarding the minor plan amendment: 1. The revised attachment (Table FS 1 ) proposes a cumulative fund balance in excess of 1.4 million dollars each year through 2006. It is unclear why the District must levy an additional $25,000 per year when such a large fund balance exists. The City appreciates the opportunity to comment on the proposed amendment. Please feel fi'ce to contact me at 952/937-1900, extension 105 with any questions or concerns. Thank you. Sincerely, CITY OF CHANHASSEN Lori Haak Water Resources Coordinator CC: Scott Botcher, City Manager Kate Aanenson, Community Development Director C 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 o (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 o LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org August 3, 2000 0 ? 000 Dear City Official: CITY OF CH^NH^SSEN As it is budget season and most of you are completing your recommendations to your Mayor and council, we thought it important to brief you on a few new League initiatives that could present cost savings opportunities for your city. LMC President Gary Doty, Mayor of Duluth, has identified Technology for Cities as one of his main areas of focus for his presidential year. As part of this effort, as well as the newly revised LMC Strategic Plan, we are working to offer the majority of League services in an online format, which allows for more up-to-the-minute information and cost-savings to the League and to our member cities. With each of the initiatives described below, we've given you an idea of the related costs or cost savings, and indicated the staff member you can contact for more information. Also, if your city does not currently have Internet access, the following are great reasons to get signed up. You can contact a local Internet Service Provider (ISP) for more information, but we recommend that you add in about $20 per month for e-mail and access to the Internet to your budget recommendations - we believe you will find that the ISP fee will pay for itself just in the first year of taking advantage of the following League efforts. Online Handbook for Minnesota Cities The Handbook for Minnesota Cities is one of the most important publications the League produces. It is the most comprehensive reference on Minnesota city government available for elected and appointed officials, and incorporates basic laws affecting city governments, attorney general opinions, reports, articles, and many other information sources. This year, the Resources & Services Task Force (a member committee appointed by the LMC Board of Directors) recommended to provide the Handbook online and at no cost as part of the League Web site. This online version will allow you to link directly to attorney general opinions and statutes and will be constantly updated - significant advantages over the paper version. While we will still be making paper copies available, and are currently determining what the cost of paper copies will be, we strongly encourage your city to plan on accessing the online version of the Handbook. Potential savings: $270 each (as compared to the latest paper version) Timefi'amefor imfllementation: By January 1,2001 For more information: Duke Addicks, Special Counsel, or Brian Still, Web Communications Coordinator, at 1-800-925-1122. Online Cities Bulletin The Cities Bulletin is published weekly during the legislative session and bi-weekly during the interim. It provides summaries and analysis of legislation affecting cities; review of state and federal decisions affecting cities and action alerts to let city officials know when their help is needed; conferences and training opportunities available through the League and other sources; municipal employment and for sale ads; and detailed coverage of LMCIT issues. As part of membership dues, the League currently sends two copies of the Cities Bulletin to all member cities (to the mayor and the manager or clerk). Often those copies are routed to other city staff and portions are copied for councilmembers. The Resources & Services Task Force has also recommended moving to an online version of the Cities Bulletin. Members would receive it via e-mail, usually a few days earlier than the paper version, and would be able to take advantage of links to relevant bills, statutes, e-mail addresses of legislators, a search function for the current and archived editions, and would also be able to download and print a .pdf file that looks just like the paper copy. The League currently spends about $150,000 each year on copying and mailing of the Cities Bulletin. Our hope is that the advantages of the online version of the Cities Bulletin will appeal to many members, allowing the League to substantially reduce these copying and mailing costs. The online version also allows us to send the Bulletin to as many members of the city staff and council as would like to receive it, saving city staff time and cost in copying and mailing. Accordingly, those city officials who currently pay $40 per year to receive their own paper copy of the Bulletin would be able to get their own online version for free. But in the case of the Cities Bulletin, there may be a trade-off. In order to be able to send the online Cities Bulletin at no charge to many more city officials, and to encourage city officials to switch to the online version, we believe we will need to reduce the number of free paper subscriptions to the Cities Bulletin from two copies to one - a final decision on this will be made by the LMC Board of Directors during its budget deliberations. If we were to move forward in reducing the number of free paper copies, we believe that the initial inconvenience of this reduction will be outweighed by the benefits members will receive from the free online version. Potemial savings: $40 for each additional subscription (beyond the two currently included with League membership) that is switched from paper to online, plus any copying costs the city currently incurs from distribution to additional staff or councilmembers. Timeframe for implementation: By January 1, 2001 For more information: Erica Norris, Publications Manager, at 1-800-925-1122. Web for Cities In the past few months, the League has been working to determine how we can best help cities in regard to developing and maintaining effective Web sites. We worked with a consultant to conduct a feasibility study, which included four focus groups held throughout the state and a survey to which over 50% of our 818 members responded. We found that most Minnesota cities (an estimated 67%) do not have Web sites and face financial and staffing challenges in establishing and maintaining sites. We also found that over 80% of cities are interested in the League providing some level of assistance in developing or hosting city Web sites. In the next 6-8 months, we plan to develop a Web application that allows cities to easily and cost- effectively establish their own Web sites. Under this program, we expect that the League (working with an outside contractor) would develop a templated site that cities could customize to present a unique look. Cities would be able to manage their own content through a process similar to using Microsoft Word, making it possible for city staff to add, modify and delete text or images on their site without needing expertise in programming languages like HTML. The League would also host and maintain the sites through a relationship with a major Internet Service Provider (ISP) that has significant security, back-up systems, and constant monitoring. For cities that already have Web sites and want to keep them, the League is also looking at developing --interactive add-ons that cities could integrate into their own sites, such as citizen feedback forms, survey questions on "hot issues," or park and recreation registration. Based on the feasibility study, we believe that the range of cost for the Basic Web Site would be $2,000 - $3,500 as a one-time initiation fee, and $1,000-$1,800 annually for ongoing maintenance. We also expect to offer a significant price break for cities of populations 500 or less -- $500-900 for the initiation fee and $250-$450 annually for ongoing maintenance. We are about to send out an RFP for the development of the application, so we should have a better idea of the exact fee structure within the next few months. For the interactive add-ons, we do not have a good estimate at this time - it depends heavily on which add-ons are developed and their level of complexity. Potential cost: For cities over 500, $2,000-$3,500 for a one-time, initial fee and $1,000-$1,800 annually for ongoing maintenance. For cities of 500 or less, $500-900 for the initiation fee and $250-$450 annually for ongoing maintenance. Timefi'amefor iml;lementation: By January 1,2001 For more i~ormation: Mary-Margaret Zindren, Assistant to the Executive Director, at 1-800-925-1122. In addition to these initiatives, the League is working on a redevelopment of our own site - www. lmnc.org - which will be launched at the Regional Meetings in October. Even now, we encourage you to check out the League site, since many changes have already been made and new information is added daily. For example, you can now register for any League-sponsored conference or workshop online! Finally, an additional technology effort that President Doty has identified is ensuring that all member cities have computers. We are hoping to approach companies and grant-making institutions to fund this effort. To move forward, we need to get an idea of how many cities currently are without computers, so/f your ciO~ does not have a compltter~ please fill out the attached form and mail it back to Mary-Margaret Zindren, League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103. And one last reminder - if you have an e-mail address and have not notified us, or if your e-mail address has changed recently, please let us know by contacting Donya Dawson, Administrative Assistant, at ddawson~lmnc.org. We hope this information proves useful to your city's budget planning process. If you have any questions or comments, please feel free to contact me directly at (651) 281-1205. Sincerely, James F. Miller Executive Director CITYOF CHANHASSEN Ce,ret D~ive, PO Box' 147 m/,asse,, Mi, ,esota 55317 612.937. I900 ~e~/ E~x 612937.5~9 i~eeE,g 3;~x 612.937.9152 5,~V E~x 612.934.2524 TO: FROM: DATE: RE: Roger Knutson, City Attorney Lori Haak, Water Resources Coordinator August 8, 2000 Papke Property- 3650 Highway 5 Stnnmary of Recent ActiviO, On July 24, 2000, a Wetland Conservation Act Cease and Desist Order (CDO) was written by the Minnesota Department of Natural Resources (DNR) for wetland fill related to driveway entrance construction on the above property. On July 31,2000, a Technical Evaluation Panel (TEP) convened on-site to assess whether fill occmTed beloxv the ordinary high water level (OHW) for Lake Minnewashta (944.5 MSL). If any fill was found to be belo~v the OHW, the responsibility for resolution of the CDO xvould lie with the DNR. If all the fill was above the OHW, the responsibility roi' resolution of the CDO xvould lie with the City of Chanhassen. On August 3, 2000, City ProJect Engineer Matt Saam and I surveyed 7 transects of thc drivexvay to determine whether fill occurred below the OHW. Analysis of the data collected showed that no fill occurred below the OHW. Therefore, the responsibility of resolution of the CDO lies with the City of Chanhassen. This would not be problematic if this were the first involvement the City had regarding wetland fill on-site. However, the City reviewed the plans for the wetland fill prior to driveway entrance construction. Summary of Past Activity On June 28, 1999, a Certificate of Exemption or Compliance or No Loss was issued to Ms. Deb Papke by the City of Chanhassen for the fill of less than 2,000 square feet of wetlands for driveway entrance construction on the above property. Notice of the exemption was not sent to the Board of Water and Soil Resources (BWSR), the DNR, the Army Corps of Engineers or the Carver County Soil and Water Conservation District. According to Board Conservationist Doug Snyder of BWSR, if a procedural step was omitted, the LGU and the TEP may ask for mitigation or restoration. According to Minnesota Rule 8420.0122 Subp. 9 (A) (3), a 2,000 square foot de minimis is allowed for fill in a "type 1, 2, or 6 wetland, outside of the o The City may require the property owner to remove 1,600 square feet of wetland fill (leaving 400 square feet of fill, which would be exempt under the de minimis) and restore the area; or 4. The City may assist the property owner in removing 1,600 square feet of wetland fill and restoring the area. Please contact me at 952/937-1900, extension 105 at your earliest convenience to discuss this matter in more detail. CC.' Scott Botcher, City Manager Kate Aanenson, Community Development Director MINNESOTA SAFETY ,~1 Chapter of the National Safety Council Making Minnesota A Safer Place To tire COUNCIL To: From: Date: Re: Minnesota City Administrative Staff Mike Langer, Traffic Safety Coordinator Minnesota Safety Council 651-228-7332 or 800-444-9150, ext. 332 August, 2000 Crosswalk Safety Campaign As you may be aware, the Minnesota Safety Council has used Minnesota Legislature appropriations over the past two years to publicize Minnesota's crosswalk law. I am pleased to announce that the Minnesota Safety Council has received a third appropriation to continue our education efforts and as part of our campaign we will again be offering communities the opportunity to apply for campaign sub-grants. The purpose of these funds is to assist communities in launching their own local pedestrian/crosswalk safety initiatives. Units of city government and officially rccognized neighborhood organizations may apply. Two types of grants will be awarded. Level I grants, up to $20,000, are for cities with populations greater than 30,000. Cities that apply for these grants will be required to match dollar for dollar the funds received. Four to five of these grants will be approved. Level II grants are for funding up to $2,000. Any community in the state is invited to apply for these grants and no match of funds is required. Up to 15-20 Level II grants will be approved. Applications will be judged upon: project goal(s) and objectives action plan evaluation (which minimally must include monitoring a particular crosswalk to measure driver compliance prior to and after the project/program takes place) time line (note: a complete project evaluation must be submitted to the Minnesota Safety Council by September 14, 2001) detailed budget ciD, size To apply, send a project proposal with the above listed components to: Minnesota Safety Council, atm. Mike Langer, 474 Concordia Avenue, St. Paul, MN 55103. Please note that all proposals must be received by September 1, 2000. Awards will be given out beginning in October. Thank you for your interest in helping to make Minnesota a safer place to live!