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Correspondence · Correspondence Memo from Brian T. Grogan and Timothy L. Gustin dated July 17, 2000. Chanhassen Fire Department FirelRescue calls for week of July 3 - July 9, 2000. Letter to James Byrne dated July 14,2000. Letter to Robert Boecker dated July 10, 2000. Letter to Riley-Purgatory-BluffCreek Watershed District dated July 14, 2000. Letter to Riley-Purgatory-BluffCreek Watershed District dated July 14,2000. Memo to Scott Botcher dated July 10, 2000. Memo and Flyer re: Carver County Fair Parade. Chanhassen Fire Department Fire/Rescue calls for week of July 10 - July 16, 2000. Memo from Mark Ruff, Ehlers & Associates dated July 12, 2000. Analysis of Tax Impact for $5,000,000 G. O. Library Bonds. Chanhassen Fire Department Fire/Rescue calls for week of June 26 - July 2, 2000. E-mail from Karen Engelhardt re: Voter lists. \. J · RECEIVED JUL 1 9 2000 LAwOmas CITY OF CHANHA:>St.1 IWAHT.OoocIAH (612) 347-0340 E-Mail, ~"'" TINo'nn"L. GumN (612) 347-0409 E-Mail: GustinT@moss-b.mett.c:om MOSS & BARNETT A PaoPlSSlOHAL Assocu.11ON 4800 NOIlwur C......... 90 SoUTH s.v..m. 9nIaT MINNBAPOLlS. MINNESOTA 55402-4129 TlLBPHONB 1612) 341·0300 FACSlMJLI (612) 339·6686 c(~ CøIJ~ I--\. \ ------ COMMUNICATIONS LAW UPDATE To: Moss & Barnett Clients and Interested Parties From: Brian T. Grogan and Timothy L. Gustin Date: July 17, 2000 NINTH CmCUIT RULES THAT CABLE MODEM SERVICE IS A TELECOMMUNICATIONS SERVICE On June 22, 2000 the United States Court of Appeals for the Ninth Circuit reversed the judgment of the District Court by holding that a franchising authority may not regulate cable broadband Internet access because the transmission of Internet service to subscribers over cable broadband facilities is a "telecommunications service" and not a "cable service" under the Communications Act of 1934, as amended by the Telecommunications Act of 1996 ("Communications Act"). I At the heart of the appeal, the Ninth Circuit addressed the question of whether a local cable franchising authority may condition a transfer of a cable franchise upon the cable operator's grant of unrestricted access to its cable broadband transmission facilities for Internet service providers ("ISPs") not affiliated with the operator's proprietary service. The case began with the proposed merger between AT&T, one of the nation's largest long distance carriers, and T ele-communications, Inc. ("TCf'), one of the nation's largest cable television operators. On December 17, 1998, the City of Portland and Multnomah County, Oregon (collectively, "Portland") approved the proposed transfer of the local cable television franchise to AT&T subject to an open access condition which would allow subscribers to purchase cable broadband access separately from unaffiliated ISPs. Portland argued that without such a provision, subscribers would have no choice over the terms of Internet service such as content and bandwidth restrictions. The service to be offered by AT&T was known as "@Home," which bundles its cable conduit with Excite, an ISP, under an exclusive contract. AT&T refused Portland's condition which resulted in a denial of the request for the transfer of the cable television franchise. At such time, AT&T brought an action charging that the open access 1 AT&T Corp. v. City of Portland, No. 99-35609 (9th Cir., June 22, 2000). - ~5AR ~":" ·It.-. .... '..". .". ; 1896 ; 7" .: 'rll" '.} nt.,y.. .\\ MOSS & BARNETT A PROFESSIONAL AssocJAnoN condition violated the Communications Act, among other claims. The District Court rejected all of AT&T's claims and granted summary judgment to Portland.2 In the Ninth Circuit decision, the court grappled with the question of whether @Home is a "cable service" to be governed by a . local cable television franchise or a "telecommunications service" governed by the Common carrier provisions of the Communications Act, of which local governments have no control. The Ninth Circuit held that AT&T's provision of@Homeconstitutes a "telecommunications service," concluding that: 1. AT&T need not obtain a franchise to offer cable broadband'; 2. Portland may not impose any requirement that has "the purpose or effect of prohibiting, limiting, restricting or conditioning" AT&T's provision of cable broadband4; 3. Portland may not order AT&T to discontinue cable broadband'; and 4. Portland may not require AT&T to provide cable broadband as a condition of the franchise transfer'. In summary, the Ninth Circuit concluded that "Portland may not regulate AT&T's provision of @Home in its capacity as a franchising authority, and the open access condition contained in the franchise transfer agreement is void." The Ninth Circuit decision has far reaching implications as it not only calls into question what conditions a franchising authority may impose on cable operators when faced with a request for a franchise transfer, but more intportantly calls into question whether a franchising authority has any regulatory control over the provision of cable broadband Internet access. The concern among many franchising authorities is that the Federal Communications Commission ("FCC") will use the Ninth Circuit's decision as support to institute a national policy with respect to cable broadband Internet access via cable moderns. The U. S. Internet Industry Association has asked the FCC to take "immediate" action on the issue of competitive access to cable modem platforms. FCC Chairman, William Kennard, said the FCC would launch a proceeding to address the implications of the Portland decision but did not set a timetable or parameters for the proceeding. ,it ~ Many cable industry observers have argued that cable operators will discontinue the payment of franchise fees on revenues derived from cable modem services, which would result in a loss of millions of dollars of franchise fee revenue to franchising authorities across the country. However, the initial reaction of many large multiple-system operators has so far been one of caution. Most operators are waiting to first determine whether the case will be appealed to the United States Supreme Court and what reaction the FCC may have to the Ninth Circuit's decision. At the present time, most municipalities outside of the Ninth Circuit's jurisdiction report that the cable operators are continuing to collect and remit franchise fees on their cable modem revenues. 2 AT&T Corp. v. City of Portland, 43 F. Supp. 2d 1146 (D. Or. 1999). , See 47 U.S.C. § 541(b)(3)(A). 4 See 47 U.S.C. § 541(b)(3)(B). , See 47 U.S.C. § 541(b)(3)(C). 'See 47 U.S.C. § 541(b)(3)(D). 2 MOSS & BARNETT A PaonsslONAL Assoc[AnON Although the Portland decision, at first blush, appears to be a loss for local franchising authorities and cable subscribers, both may win in the end. Some industry observers predict that because cable modem service has been deemed a "telecommunications service," competitive local exchange carriers will request access to the incumbents' cable modems, seeking interconnection of the network elements, as required by the common carrier requirements of Section 251 of the Communications Act. Subscribers would then have the choice of competing ISPs. The Portland decision will no doubt have an impact on virtually all future cable system transfers and franchise renewals. Particularly, the case will affect the extent to which franchising authorities can regulate the services provided by cable operators and in defining the term "gross revenues," which dictates the amount of franchise fees to be paid by cable operators. . . . Brian T. Grogan is a shareholder with the Minneapolis law firm of Moss & Barnett. Brian represents entities throughout the country on franchise renewals, transfers of ownership, telecommunications planning, right-of-way issues, First Amendment issues, litigation and other related communication matters. Brian is a frequent presenter at state and national conferences regarding communications law. He is a member of the American Bar Association (Forum Conunittee on CommunicatiOl)S Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association, and is the past Chair of the Communications Law Section of the Minnesota State Bar Association. TImothy L Gustin is an associate with the Minneapolis law firm of Moss & Barnett and practices in the areas of cable communications, telecommunications, and real estate. He represents entities on cable television franchise renewals, transfers of ownership, right-of-way regulation, wireless tower siting and zoning, and various telecommunications issues. Tim is involved in the preparation of cable communication franchises, regulatory ordinances, resolutions, transfer reports, and related documents. He is a member of the American Bar Association and is the Secretary of the Communications Law Section of the Minnesota State Bar Association. For further information on Moss & Barnett's cable communications practice, please see the firm's website at www.moss-barnett.com. . . . The materials in this Communications Law Update have been complied from a variety of sources and address only a portion of the relevant issues contained within hundreds of poges of regulations and decisions. We have not addressed many important points which may apply to your situation. You should consult with legal counsel before taking any action on matters covered by this Communications Law UlJdate. 3 MOSS & BARNETT A PROFESSIONAL AssociATION . . . SUPPLEMENTAL INFORMATION If you would like to receive the Conununications Law Update via e-mail, please complete the information below and return this form to Moss & Bamett at the address below. Name: Title: Address: City/State/ZIP: E-mail Address: Yes, I would like to receive the Conununications Law Update at the e-mail address below. No, I would not like to receive the Conununications Law Update via e-mail. Additional information (complete as applicable): Name: Title: Address: City/State/ZIP: E-mail Address: 3484t111 Please correct my mailing address as noted below. Please remove my name from your Conununications Law Update Mailing List as noted below. Please place my friend's name on your Communications Law Update Mailing List as noted below. Please return this form to: Terri Hammer Moss & Barnett 4800 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402-4129 Phone: (612) 347-0349 Fax: (612) 339-6686 E-mail: hammert@moss-barnett.com 4 Mon Tues Tues Weds Weds Weds Weds Weds Sat Sat Sun Sun July 3 10:13 PM July 4 11:04 PM July4 11:IOPM July 5 12:25 AM July 5 6:05 AM July 5 6:09 AM July 5 7:52 AM July 5 8:37 AM July 8 7:20 AM July 8 1 :24 PM July 9 12:12 AM July9 10:19AM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 3 -JULY 9, 2000 West 78111 street White Dove Drive Lake Ann Park Stratton Court Great Plains Blvd Market Boulevard Dogwood Road Chippewa Circle Market Boulevard Mountain Way West 78th Street West 78th Street Medical - trouble breathing Medical- back pain Child stuck in playground equip, cancelled Medical- trouble breathing Electrical fire Fire alarm - false alarm, no fire Lightning strike Lightning strike Fire alarm - false alarm, no fire Fire alarm - false alarm, no fire Person passed out, cancelled enroute Fire alarm - false alarm, no fire CITY OF CHANHASSEN ;ity Center Drive, PO Box 141 1//1Ji1$sen, Minn,sota 55311 Pholl,612.937.1900 'eneral FiIX 612.937.5139 illeerillg Fa.<612.937.9152 lie Safety Fax 612.934.2524 b 1I'11'1l',ci,cht1i1hi1jSeI1.lIIll./IS ,.,." , July 14,2000 Mr. James Byrne 700 West 96th Street Chanhassen, MN 55317 Re: Wetland Conservation Act Cease and Desist Order Dear Mr. Byrne: . This letter is intended as a follow-up to the June 28, 2000 Wetland Conservation Act Cease and Desist Order that was issued for work on the above property. Since I have not yet heard from you regarding the Cease and Desist Order, [ would like to clarify your options regarding the wetland fill that resulted in the Cease and Desist Order. Below are two options as to how you may choose to respond to the Cease and Desist Order. Other options may be available to you. Please contact me at the number below to discuss any goals you may have for your property. I. You are entitled to apply for an exemption or no-loss determination for the fill. If you wish to pursue this avenue and do not propose any further work in the area, the City will require that City staff(or another experienced wetland delineator) determine the location of the wetland boundary prior to any activity that took place. At that point, the City would be able to determine whether or not an exemption or no-loss determination could be issued. 2. If you do not \~ish to pursue this option or if the City has not received a complete application for an exemption or no-loss determination by July 24, 2000, the City will require that all fill be removed from the wetland and the area be restored. Thank you in advance for your cooperation. Please feel free to contact me at 952/937- 1900, extension 105 if you have any questions or concerns. Sincerely, CITY OF CHANHASSEN «~~. Lori Haak Water Resources Coordinator c: Conservation Officer Kevin Nietzke, MnDNR Chip Hentges, Carver County Soil and Water Conservation District Bob Obermeyer, Riley-Purgatory-BluffCreek Watershed District ., , CITY OF CHANHASSEN 690 Ci~ Cmler Drive, PO Box 147 Cbanhaßm, Millll"ola 55317 Pholll612.937.1900 Gmeral Fax 612.937.5739 Ellgillmillg Fax 612.937.9/52 Pllblic S,¡ft'Y Fax 6/2.934.2524 \nb U'/l'/{~ci.(hlllbfl.(sm.1J111.I/S ... ..._...~ --- July 10,2000 Mr. Robert Boecker 61 0 West 96110 Street Chanhassen, MN 55317 Re: Wetland Conservation Act Cease and Desist Order Dear Mr. Boecker: This letter is intended as a follow-up to my June 26, 2000 visit to the above property. In addition, I hope to clarify your options regarding the wetland fill that resulted in the Cease and Desist Order. As we discussed when I was on your property, you are entitled to apply for an exemption or no-loss determination for the fill. If you wish to pursue this avenue and do not propose any further work in the area, the City will require that City staff (or another experienced wetland delineator) determine the location of the wetland boundary prior to any activity that took place. At that point, the City would be able to determine whether or not an exemption or no-loss determination could be issued. If you wish to pursue the construction of a pond on your property, you will be required to obtain a wetland alteration permit from the City prior to pond construction. At that point, the City would have the opportunity to ensure the wetland fill that resulted in the Cease and Desist Order was removed from the wetland in conjunction with pond construction. If you do not wish to pursue any of these options or if the City has not received a complete application for an exemption, no-loss determination, or pond construction by July 20, 2000, the City will require that all fill be removed from the wetland and the area be restored. Thank you in advance for your cooperation. Please feel free to contact me at 952/937- 1900, extension 105 if you have any questions or concerns. Sincerely, CITY OF CHANHASSEN ~~ Lori Haak Water Resources Coordinator cc: Conservation Officer Kevin Nietzke, MnDNR Chip Hentges, Carver County Soil and Water Conservation District Bob Obermeyer, Riley-Purgatory-BluffCreek Watershed District CITY OF CHANHASSEN :ity Cellter Drive, PO Box 147 ,.bassen, Minnesota 55317 Pbone 612.937.1900 "ene,.1 Fax 612.937.5739 ill"rillg h, 612.937.9152 'ie Safety Fax 612.934.2524 b ll'Il'Il'.ci,cllillIbasSCIl,IJIII,IU July 14,2000 Riley-Purgatory-BluffCreek Watershed District c/o Mr. Robert Obermeyer, Barr Engineering 4 700 West 7¡1h Street Minneapolis, MN 55435 RE: Lake Lucy and Lake Ann Use Attainability Analysis (UAA) Dear District Managers and Mr. Obermeyer: Per your request, I have reviewed the above report. The City of Chanhassen has the following comments/questions: I. It is unclear how much of the cost of the proposed projects the District intends to finance and how much the Riley-Purgatory-BluffCreek Watershed District (RPBCWD) expects the City to finance. Before commencing each project in the UAA, the City would like a summary of the proposed project, a cost estimate for the project (including the fiscal responsibilities of each entity) and a projected timeline for the execution of the project. This will serve to detail fiscal responsibilities while allowing the elimination of projects that would duplicate previous or proposed efforts. 2. It appears that a large portion of Lake Ann's phosphorus load comes from the Lake Lucy watershed. For this reason, the City recommends proposed projects within the Lake Lucy watershed be initiated before those in the Lake Ann watershed, if possible. Certainly, any projects within the Lake Ann watershed should be undertaken if favorable economic or development circumstances arise. 3. The UAA states that the effects of the new rules being proposed for the RPBCWD were investigated as a part of the use attainability study. The City is uncomfortable with the results of the UAA being contingent on the implementation of the proposed rules since the rules have not been adopted and affected municipalities have voiced their opposition to the proposed rule changes. 4. The City of Chanhassen requires buffer strips around all natural and ag/urban wetlands within its limits. If the wetland acreages used in the model do not include the buffer strips, the phosphorus loading estimated by the model may be overestimated since buffer strips act to improve water quality. Riley Purgatory Bluff Creek Watershed District July 14, 2000 Page 2 5. The City has performed alum treatments on lakes in the past in an attempt to reduce intemal phosphorus loading and eliminate some of the phosphorus in the water column. Would occasional alum treatments benefit either lake? The City appreciates the opportunity to review and comment on the UAA. Please feel free to contact me at 952/937-1900, extension 105 if you have any comments or questions. I look forward to working with you to maintain and enhance the quality ofChanhassen's water resources. Sincerely, CITY OF CHANHASSEN øæ-µ-- Lori Haak Water Resources Coordinator c: Scott Botcher, City Manager Kate Aanenson, Community Development Director File SWMP-14-D File SWMP-14-E g:\eng\lori\new\lk lucy Ik ann uaa comments.doc CITY OF CHANHASSEN Jty Center D,ive, PO Box 147 ¡/lhassell, Mimmofa 55317 Phone 612.937.1900 mera! h< 612.937.5739 illming Fax 612.937.9152 'ie Sa/e0' Fax 612.934.2524 ~1l'Il'll¡.r¡.(hlllh¡/ssm,¡IlII.1IS July 14, 2000 Riley-Purgatory-Bluff Creek Watershed District c/o Mr. Robert Obermeyer Barr Engineering 4 700 West 771h Street Minneapolis, MN 55435 RE: Lake Susan and Rice Marsh Lake Use Attainability Analysis (UAA) Dear District Managers and Mr. Obermeyer: Per your request, I have reviewed the above report. The City of Chanhassen has the following comments/questions: I. It is unclear how much of the cost of the proposed projects the District intends to finance and how much the Riley-Purgatory-BluffCreek Watershed District (RPBCWD) expects the City to finance. Before commencing each project in the UAA, the City would like a summary of the proposed project, a cost estimate for the project (including the fiscal responsibilities of each entity) and a projected time line for the execution of the project. This will serve to detail fiscal responsibilities while allowing the elimination of projects that would duplicate previous or proposed efforts. 2. If there has been a gradual improvement in lake water quality (pgs. 18-19) without any extensive lake management and with development occurring faster than ever, an argument should be presented on why the RPBCWD is seeking to spend money on lake management projects. 3. Similarly, since the "public perception of water [transparency] is most directly related to the perception of the water's sustainability for recreational use" (pg. 6), evidence should be provided as to why money should be spent on lake projects iffairly large reductions in total phosphorus show little improvement in transparency (pgs. 19, 20). 4. It appears that a large portion of Rice Marsh Lake's phosphorus load comes from the Lake Susan watershed. For this reason, the City recommends proposed projects within the Lake Susan watershed be initiated before those in the Rice Marsh Lake watershed, if possible. Certainly, any projects within the Rice Marsh Lake watershed should be undertaken if favorable economic or development circumstances arise. · Riley Purgatory Bluff Creek Watershed District July 14, 2000 Page 2 5. The UAA states that, for the in-lake modeling of Rice Marsh Lake, "it was assumed that all pertinent District regulations would be implemented" (pg. 36). It is unclear whether this makes reference to proposed, more stringent detention basin design standards or current District standards. 6. The City of Chanhassen requires buffer strips around all natural and aglurban wetlands within its limits. If the wetland acreages used in the model do not include the buffer strips, the phosphorus loading estimated by the model may be overestimated since buffer strips act to improve water quality. 7. It is the City ofChanhassen's understanding that the City of Eden Prairie, while affected by the implications of the UAA, has not received a copy for review. The City ofChanhassen reserves the right to modify its comments upon the review of the UAA by the City of Eden Prairie. The City appreciates the opportunity to review and comment on the UAA. Please feel free to contact me at 952/937-1900, extension 105 if you have any comments or questions. I look forward to working with you to maintain and enhance the quality ofChanhassen's water resources. Sincerely, CITY OF CHANHASSEN ~~ Lori Haak Water Resources Coordinator c: Scott Botcher, City Manager Kate Aanenson, Community Development Director Leslie Stovring, City of Eden Prairie File SWMP-14-F File SWMP-14-G G:\ENG\LORl\NEW\Lk Susan Rice Marsh Lk UAA comments.doc CITY OF CHANHASSEN MEMORANDUM TO: Scott A. Botcher, City Manager CiryCenterDrive, POBox 147 FROM: I¡anhassen, Minnesota 55317 Phone 612.937.1900 DATE: ê;eneral Fax 612.937.5739 'tineering Fax 612.937.9152 SUBJ: blic Safety Fax 612934.2524 ¡bIl'Ww.ci.c!Jtlllhmsf11.IIIII.1IS Teresa J. Burgess, Public Works Director/City Engineer July 10, 2000 Application for Cable Communications Franchise - Everest Connections Engineering has reviewed the application from Everest Connections for a Cable Communications Franchise. The application acknowledges the City's concems regarding right of way usage and traffic impacts. I do have the following comments: · Engineering and Public Works will need to review and approve the plans and specifications prior to construction. o All reconstruction of City roads, paths, and sidewalks will need to meet City standards. o All installations in the City will require a permit. There are permit fees for work in City right of way and easements. o Proper traffic control must be provided for work in roadways. o UtilÌty locates and protection of existing utilities will be required. · The City should require escrow or letter of credit for the restoration work. · The City should require a warranty bond for a period of at least I year following the reconstruction. G:\ENG\Cable Franchise\Everest Connections.doc , Cit'! ofChanhassen. A rrowinvcommunitv with clean lakes. aualitv schools. a chamli.. downtown. thrivi.. businesses. and beautifitl parks. A ",at vlace to live. work. and ;Ia,. a rver ounry aJr C7 Cß\.~\ -- Fairgrounds, Waconia 612-442-2333, Seasonal 612-955-1772 Janice K. Albrecht, Secretary 5325 County Road 10 North Watertown, Minnesota 55388 To. County, City, Township officials Re: Carver County Fair parade What better way to celebrate the Millennium than to participate in the Carver County Fair Parade Sunday, August 13, 1 p.m. from Waconia City Park to the Fairgrounds. We invite you to join the whole County of Carver and its entities in parade participation. Gather your thoughts to plan your unit whether it is having the mayor ride on a convertible or float promoting your community or an entire councilor board riding in a vintage car, your participation is encouraged. Please return the enclosed form or just a letter of intent will do too. See you at the fair Sincerely, £~b1~ Secretary IBEIVEP 7 201n SeeIúng Unit,{, Ma.tcIJúrg &ndð Ftoatd MU6W Ctownð OtgtZI/katWn(¡ Buóin.e6ðiUJ 0tIwt, Ca/we/ll Cour/lty F~ GRAND PARADE SPOn(¡01I.! ate needed 6M Ftoatd MUókat unitð Specia.t Unit,{, 0tIwt, StJ,(/¡f.ÚÑy 0 0 . Au,9tJ/.Jt 13.20 o . . CUy p(JAil, to F~91f¡()~ 1 p.m. . . . . .~. oJ . F (}II. 1IIl>Ie in{,o.tmation. Contact tIze Fai4 0(,6i.ce at (952) 442-2333 · tk CQ/WeII, County FaÅJI, PtlIUJdtl, Sunday, Augu;:,t 13, 2000 1 p.m. The Carver Cou1ty Fair Board of Directors and the Waconia Chamber of Commerce invite you to participate in the 2000 Carver Cou1ty Fair MilleMium Parade to be held in conjunction with the Carver County Fair on Sunday, August 13, 2000 begiMing at 1 p.m. at the City Park and continue into the Fairgrounds. ~~M/D)IOœM11Ø8 We are welcoming units from all parts of the County as this is a CARVER COUNTY PARADE. The invitation is open to enter a unit which you organize OR to make a donation to sponsor a unit which we have available - band, hitch, float, etc. We welcome vehicles that can transport units and other vehicles which would add variety to the parade. Please use the enclosed fonn for your reply. Please retum the enclosed reply by July 15,2000. SPECIAl.. HOlE ON PARADE POLICIES -Policy on Handouts - Candy or objects - Adcitional walkers with your unit will be allowed to "Hand Out" not throw any candy or other objects. -Policy on Handouts - Brochures· NO STICKERS - Please be courteous when distributing paper brochures, tags so as not to create a rltter problem. -Parade participants including drivers, riders, marchers and guests are prohibited from the use of alcoholic beverages during parade. -Units with animals are asked to have their own clean-up units or Pooper Scoopers. -A certificate of insurance is required on all livestock or animal units. ~~ We are also in need of volunteers for Parade Une Up Parade Route Set Up Please contact the Fair Office at 952-442-2333. Security/Crowel Control Concessions Helpers ~~ We would appreciate any help you can give us to spread the word about our Millennium Celebration Parade. Please post the front side of this letter in your business. We sincerely lHANK YOU in advance for your help in letting everyone know. S 'ro!.!1 ¡"J1I1HIE IFm Come to the fair August 9-13, 2000 and See It All at the Fair! IFQ'P~ ~'1I1Iœ!J Fair Office - 952-442-2333 Mailing Address: P.O. Box 208 Fax - 952-442-2996 Waconia, MN 55387 ~~ Dale Rademacher, Chainnan 442-5519 Jan Albrecht Fair Secretary Home 955-1772 Fair Office 442-2333 DuWayne Schmitz 4R7.?ARJ; Ken Norman Bob Lana Warren Meßgren A"',.;.... D~......___La__ 442-2419 467-2181 467-2920 AA", A"''''''' DONATION Name of Organization/Business Complete Address City Zip Code Contact Person Phone No Donation levels have been suggested at $50.00, $75.00 or $100.00. This will include a sign with your name as a sponsor for a unit. We will contact you to verify what you are sponsoring. We wish to donate the amount of $50.00 $75.00 _$100.00 _Other (Make checks payable to the "Carver County Fair") *.........:1:.. * *. 'PARADE UNIT ENTRY Name of Organization/Business Con tact Person Phone No Complete Address City Brief Description of Unit: Zipcode Mon Tues Tues Tues Tues Thurs Thurs Thurs Thurs Fri Fri Fri Fri Sat Sat Sat Sun Sun Sun Sun July 10 9:01 AM July 1 J 9:42 AM July II 4:45 PM July I I 5:01 PM July J 1 5:51 PM July 13 I :40 PM July 13 2:29 PM July 13 2:1 I PM July 13 3:19 PM July 148:13 AM July 14 2:03 PM July 146:16 PM July 14 7:39 PM July 15 7:58 AM July 15 3:05 PM July 15 9:52 PM July 161:15 PM July] 6 2:55 PM July 16 6:03 PM July]6 6:58 PM CHANHASSEN FIRE DEPARTMENT FlRElRESCUE WEEK OF JULY 10, - JULY 16, 2000 Steller Circle Excelsior Fire Dept Pontiac Lane Lake Susan Hills Drive Pleasant View Road West 78th Street West 78th Street West 78th Street Highway 101 & Lyman Blvd West 78th Street Timber Hill Road Highway 41 & Highway 7 Market Boulevard West 78111 Street Brinker Street Derby Drive West 78th Street Highway 101 & West 78th St Hallgren Ct Audubon Road Medical- asthma attack Mutual Aid - structure fire Medical- possible heart attack Fire alarm - false alarm, no fire Medical - seizures Fire alarm - false alarm, no fire F ire alarm - false alarm, no fire Transformer fire Possible medical- unfounded Gas line break Medical- trouble breathing Possible car accident - unfounded, cancelled Medica1- back pain Fire alarm - false alarm, no fire Medical - person fell Alcohol poisoning Fire alarm - false alarm, no fire Car accident with injuries Medical- insulin shock Car fire - unfounded, cancelled enroute -JUL. 12.2000 11:41AM EHLERS & ASSOCIATES NO. 0517 P.2 e EHLERS & ASSOCIATES INC MEMORANDUM TO: Scott Botcher, City of Chanhassen FROM: Marl< Ruff· Ehlers & Associates DATE: July 12, ;WOO RE: Referendum Summary Attached is a tax impact chart assuming that the City ofChanhassen voters approve a $5,000,000 referendum in September, 2000. We have assumed a bond term of 20 years at interest rates of 6%, which are approximately .5% higher than if the bonds were sold today. We have further assumed that the bonds would be sold ia November, 2000, wjth construction taking place in 200 I. Please note that we have attached an interest earnings estimate. The total interest earnings on the bond proceeds are estimated at $128,000. After costs of issuance, the total amountavailable to the project could be approximately $5,100,000. As a final note, we assumed that the City would utilize a pwvision in state law which allows the underwriter's discount to be added to the referendum amount at the time of sale. Therefore, the actual bond issue would be approximately $5,075,000. We would recommend this option ¡fthe interest rates at the time ofthe sale were lower than the esti~ates presented to the voters. Otherwise, interest earnings on the bond proceeds could be used to pay for the discount. Please call with any questions. from rhe aosk of; Mllrk Ruff Vice Predtknt Ehlers I} Associates, Inc. 3060 Centre Poinre Drive Ro.eville, MN 55113 Phone: (651) 697·8505 Fax: (651) 697·8555 E-Mail: mark@ehlers.;nc.com JUL. 12. 2000' 11: 41 AM EHLERS & ASSOCIATES NO. 0517 P.3 Type of .~~ ...~ PrC!perty_. -. I Taxable , Market I Value -=¡ $1ÖO,õOO- . I 125,000 I 150,000 I 175,000 I 200,000 I 250,000 I 300,000 350,000 $100,000 250,000 500,000 1,000,000 Est. Annual Tax Payable 2001 for Proposed Park Bonds EXPeçting ~O Years of. Lev.ï.. . --- '--$28.36 -- -- -- 35.45 42.54 49.63 56.72 70.90 85.08 99.26 Residential Homestead Commercial! Industrial ASSUMPTIONS: 1. The estimates shown above are gross property tax amounts, not including the impact of the state Property Tax Refund ("Circuit Breakef') program. Many owners of homestead property qualify for a state refund, based on their income and total property tax bill. This will decrease the net impact of the referendum for many taxpeye First and maximum levy is estimated at $451,500 with rate of .02836% Prepared by Ehlers & Associates, Inc. 2000reftaximp.123 JUL. 12.2000 11:41AM EHLERS & ASSOCIATES NO, 0517 P. 4 City of Chanhassen C.O. Library Bonds SOURCES &:. USES o.ted 11/01/2000 DeUv=d 11/01/2000 SOURCF.S or FUNDS Par Amount of Bonch.........................................."........·····......",,,.....·..·..·....·..... 15,000,000.00 TOTAL SOURCES.....,..............................,,·..····..· .........,..................................... S5,000poO.00 USES OF FUNDS Co6fS of Issuancc...._..."................._.........................:..,...·....·....···......"..,............ 31,500.00 Depo,it to Project Consttuction f'tmd.................m .m.................................---· 4,871,412.5& KOll11din& AnIOWII...................,.........·····...·...·..·...··... .m......_............................· 97,081.44 TOTAL USES..... .................................................................'..m..............."'......... $5,000,000.00 £hJers.t ADoçJ'areJ, Inc. Leaders ill Public Finllnce R£FERENDUM.NO"/..~SF-n:f'" 1· SJNGJ.E 1'UI/Pt'S£ 7/1Z/2000 l1:()Z AM p¡,ge ] JUL.12.2000 11:41ÄM EHLERS & ASSOCIATES NO.0517 P. 5 City of Chanhassen G.O. library ~nds OPERATION OF PROJECT CONSTRUCI'ION FUND Pale I'rirx:ipal !!ale Interest Re<cipl. Pisb11rsements Ca.h Balance 11/01/2000 100,000.00 5.oo0oo0f)j6 . 100,000.06 J 00,000.00 0.06 1210112000 SO,~2~.10 5.0000000% 19,676.90 100,000.00 100,000.00 0.06 I/Ol/Z001 80,654.34 5.00oo000'1li 19,545.66 100,000.00 100,000.00 0.06 2/01/2001 &0,986.94 S.OOOOOOO'1li 19,013.04 99,999.98 100,000.00 0,04 3/0112001 481 ,~ZO.94 5.0OO0000!6 IS,679.06 500,000.00 500,000.00 0.04 4/01/Z001 4S3,305.&6 5.00oo000'1li 16,694.15 499,999,99 500,000.00 0.05 5/0112001 9S5,Z9S.97 5.000OO0f)j6 14,701.02 999,999.99 1,000,000.00 O.OZ 6/01/Z001 989,36Z.26 5.00OO000'1li 10,637.73 999,999.99 1,000,000.00 0.01 7/0112001 993,442.31 5.0000000% 6,557.69 1,000,000.00 1,000,000.00 0.01 8/01/2001 597,539.18 5.0000000'/6 2,'160.81 399,999.99 400,000.00 .. 9/01/2001 199,178.60 5.0000000'/6 SZI.40 200,000.00 200,000.00 .. Total 4,871,4t.2.50 .. 128,587.44 5,000,000.00 5,000,000,00 . INVESTMENT PAJ!AMIn'ERS llIve,lmont Medel (I'V, GIC, or Securitie.!.................................·......... Pclault investmonl yield lar¡;.t............................................................. GIC User Defined Cash Pcposit.................m.................................................,..................." Co.It oflnvestmen" Purclwed with Bond I'rocoeds........................... Total Co.st of Invcslments.........._____................................:..................... 0.06 4,871,412.50 $4,&71412.GG Targe' cost oflnvc.dman".' ÞOnd yield............................................. $4,847,911.99 AchW posilive Or' (negative) ubib'age..._.m................................--...... (13,600.57) YieJd to R«<ip............................--.................----............·...·.......,.......---- 4,995999~ Yiekl f<>t Artil,"8" Purpo....... .m............................·..···..·..·..·...........·· 5.94~~4Z1% EhleN,f AssociBtt;S, lnc. "Ild~s irJ Publiç l:inllJlŒ FYI. = R£FmI£NDUM.NODlS.SF-rc/C,.l· SlNGUi PURPOSE 7/12/200Q 11.-02 AM Page 4 JUL. 12.2000 11:41AM EHLERS & ASSOCIATES NO.0517 P. 6 City of Chanhassen G. O. library Bonds DEBT SERVICE SCHEDULE Date Prlnciplll Coupon Interest Total P+I nSCAL TOTAL 11/01/2000 - - . - · 8/01/2001 - · 218,.145.00 218,445.00 · 2/01/2002 65,000.00 5.100910 145,630.00 210,630.00 429,075.00 8/01/2002 · - 143,97Z.50 145,972.50 · ZI01/2005 140,000.00 5.150'11 145,972.50 283,91Z.S0 427,945.00 8/01/2003 - - 140,367.50 140,367.50 · 2/0I/Z00' 150,000.00 5.2009Ei 140,367.50 290,367.50 <30.735.00 8/01lZ004 · - 136,461.50 136,467.50 - ZIOI/Z005 155,000.00 5,250% 136,467.50 291,467.50 427,935.00 8/01/2005 · - 132,398.75 I3Z,398.75 - ZIOll200S 165,000.00 5.300% 152,598.75 297,398.76 429,797.50 8/011Z006 · · 128,026.25 128,026.25 2/01/2001 175,000.00 S.350% 128,OZ6.25 303,02.6.25 431,052.50 8/01/2001 · - 123,345.00 123,345.00 · 2/01/2008 1 SO,OOO.OO 5.400% 123,34S.00 3033...~.OO 426,690.00 8/01/2008 · · 118~e.S.OO 11 &,485.00 - ZIOll2009 190,000.00 fr.45096 1]3,485.00 308,485.00 426,970.00 8/01/2009 - · 113,307.50 1 ~:",307.50 · 2/0112010 205,000.00 S.500'll 115,307.50 518,307.50 431,615.00 8/01/Z010 - - 107,670.00 107,670.00 ZIOI/2011 215,000.00 5.550% 107',670.00 322,670.00 430,340.00 8/01/2011 - · 101,703.75 101,703.75 - Z/OI/20IZ 22ó,OOO.oÒ 5.650'11 101,703.75 326,703.15 428,407.SÒ 8/0112012 - - 95,347.80 95,847.50 · 2/01/2015 240,000.00 6.150% '5,347.50 335,347.50 430,695.00 8/01/2013 · · 83,447.50 88,447.50 · 2/01/2014 250,000.00 5.850% 88,4'17.50 533,447.50 4Z6,895.00 8/01/2014 - · 81,135.00 81,135.00 - 2/01/2015 266.000.00 5.900'11 81,13~.OO 346,135.00 427,270.00 8/01/2015 - · 73,317.50 73,317.50 · 2/01/2016 280,000.00 6.000% 73,317.50 353,517.50 426,6:55.00 8/01/2016 - · Gi)~U7.50 64,917.50 · 2/01/Z017 300,000.00 6.0509& 64.917.80 364,917.50 429,835.00 8/01/2017 · · 55,842.50 65,842.50 · ZIOl/201S 320,000.00 6.100% 65,1142.50 375,84Z.50 431,68G.OO 8/01/2018 - · 46,oSZ.50 46.082,60 · 2/0112019 555,000.00 6.150% 46,082.50 381,082.50 427,165.00 8/01/2019 · · 35,781.25 36,781.25 · 2/01/2020 960,000.00 6.Z50% 35,781.25 395,781.25 431,562.50 8/01/20Z0 · - 24,531-25 24,531.ZS · 2/011Z0ZI 3&0,000.00 6.250'11 24,531.25 404,591.25 429,062.50 8/01/2021 · · 12,656.25 12,656.25 - 2/01/2022 405,000.00 G.ZSO'II 12,656.25 411,656.25 490,512.S0 To&aJ 5,000,000.00 - 4,011,680.00 9,011,680.00 Eble:rs ct As3oci8t~) hJe;. LcMkn in J'ubhc }'imul{:e me ~ JŒFt/1EN[JUM.NODIS.SF-rokr 1· SlNCLE PU/IroSE 7112/2000 l1:(}ZAM Pog<: 2 JUL. 12.2000 11:42AM EHLERS & ASSOCIATES NO. 0517 P. 7 City of chanhassen G.O. Libnuy Bonds DEBT SERVICE SCHEDULE YIElD :n'A1'IsnCS Bond Y.... Dollar'..........................·........·..... ......................... Average Life........ .......................... ........... .............. .................... Avt;rar,e COl1pon......·..·..··............·..·.........···.......·.....··.......·......· Net Int¢r.sl CosI (NIC)............................................................. 1'Ne IntèreS~ Co.st 010........................···..··.........···...··..···..·--·· nond Yield for Arbilr"8" I'u""""'.......................................... AllIncJ..¡"" eo.t WC).............··· .......................................... IRS FORM 8038 Net Interest Cœt.........................................-- ........................... wei£htcd AVerose MAI1Irily.................................·..··............·· $61,045.00 13A09Yean 5.9835635jO 5.98356$3% 5.!14334ZIO 5.94354ZI% 6.0157Z83% 5.98356559' 1 S.409 Ye..., T.hkJ'~ tk ¡1t;.øcilJf~ ,"C. f.esdèl'5 il¡ Fublic FinliUlO: 11/. ~ ßEFElIENDUM.NOD/5.SF-refcrI- S/N(;l£ l'URl'OSE 7'/I2/Z_ II..OJ{ AM Page 5 · Mon Tues Fri Fri Fri Fri Sat Sat Sun Sun June 26 ] ] :56 PM June 273:08 PM June 302:39 PM June 30 6:18 PM June 30 6:26 PM June 30 7:53 PM July] ¡O:]]AM July I 9:47 PM July 2 3:]9 PM July28:14PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JUNE 26, - JULY 2, 2000 Eden Prairie Fire Dept Clover Court Highway 41 & Highway 5 Santa Vera Drive Crestview Circle West 781h Street Frontier Trail West 961h Street Pheasant Hill Park Rice Court \ Mutual Aid - hotel fire Fire alarm - false alann, no fire Car accident - unfounded, cancelled Medical- trouble breathing Leaking propane tank Paint fumes Medical- trouble breathing Controlled burning Outhouse on fire Medical- asthma attack !!!Øelhardt. Karen To: Subject: SShipper1@aol.com RE: Voter lists Hi Jill-- I don't know how Todd compiled a residents phone list. I'm not aware of anything like that on hand. Todd's on vacation until Monday and I'll ask him how he did that. Regarding absentee ballots, lIve copied the information from the Carver County Web Site that gives you information about getting an absentee ballot. The Carver County Auditor will handle all the absentee voting for the city for this election. (The city handled it for the park referendum because it was held in June and not part of our regular election process.) Here is the text of the Carver County Auditor's Site: Carver County Auditor 2000 Elections - Absentee Voting Qualifications There is a process available that allows you to vote by mail or in person within 30 days before each election if you are unable to vote in person on election day. In Carver County, you may vote by absentee ballot if: You are going to be absent from the precinct on Election Day Illness or disability prevents your going to the polling location Religious discipline or observance prohibits your attendance at the polling location You are an election judge in another precinct Absentee ballots will be available 30 days prior to each election: August II, 2000 for Primary Election (including Library Referendum), and October 6, 2000 for General Election ballots. You may obtain an application for an absentee ballot in person, request one by mail, fax, or click here* to print a copy of the application-- www.co.carver.mn.UB and click on 2000 Election Information, then on Absentee Voting Qualifications. You may vote in person at the Carver County Auditor's Office during normal business hours Monday through Friday 8:00 AM to 4:30 PM, on Saturday before the election from 10,00 AM to 3:00 PM, or on Monday before the election until 5:00 PM. If you are in the Military or residing outside the territorial limits of the United States, you may vote by absentee ballot using the address where you last lived in Minnesota. A special application form is required. Your parent, spouse, brother, sister, or child at least 18 years of age may request a ballot for you. If you are in a hospital, nursing home, or other health care facility, contact the Carver County Auditor's Office for further information. If you have any further questions on absentee voting, please feel free to contact the Auditor's office at 952-361-1910. Apply early so you will have time to receive the ballot, and mail or deliver it to our office prior to Election Day. 'This information is available to download in PDF format. It can be 1 viewed using Adobe Acrobat Reader and printed out for use. not have Acrobat Reader already installed, you may download visiting the Adobe website. Follow the Adobe link for step instructions. If you do a copy by by step This is the end of the Carver County Auditor's text. If you have any other questions, Jill, please let me know. Karen Engelhardt Office Manager -----Original Message----- From: SShipperl@aol.com [mailto:SShipper1@aol.com] Sent: Wednesday, July 19, 2000 8:33 AM To: choffmgr@ci.chanhassen.mn.us Subject: Voter lists Good morning Karen! Things are really moving exciting. Anyway, I just wanted to resident list with phone numbers that sure what parks & recs worked with--Alison told me Todd H. had provided her with it. forward on the library and it is SO check with you to see if there is a we can use for the phone bank. I'm not Our Can ballot? Do people have to stop in personally to pick them up, or, if I know of people who are out of town, (like Dale Geving & his wife), can I pick up the applications and mail them out to them? Thanks for the info and have a great day. phone bank is scheduled for the weekend of August 19 & 20. you also tell me what the procedure is to get an absentee Jill Jill Shipley Carver Co. Library Board Friends of the Chanhassen Library 261 Eastwood Ct. Chanhassen, MN 55317 952-496-3526 952-496-3527 Fax 2