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Correspondence ~ ......... . Correspondence Letter ITom Tautges Redpath, Ltd., dated June 7, 2000. Letter ITom Metropolitan Council dated June 7, 2000. AMM Fax News ITom AMM dated June 5 - 9, 2000. Letter to Jim Theis dated June 9, 2000. Letter to Dale Gregory dated June 9, 2000. Moss & Barnett Communications Law Update dated June 9, 2000. Memo ITOm Scott Botcher dated June 6, 2000. Letter and attachments ITom Campbell Knutson dated June 8, 2000. Letter to Fr. Steve Ulrich dated June 13,2000. Letter from WSB dated June 13, 2000. Memo to the Mayor/City Council re: Fire Dept. Compensation Analysis dated June 13, 2000. AMM Fax News from AMM dated June 12 -16,2000. Timeline for Processing Request for a Cable Television Franchise. Lctter from Metropolitan Council dated June 9, 2000. ~.. Letter from Lundgren Bros. Dated June 16,2000. Chanhassen Fire Department Fire/Rescue call sheet dated June 12 -18,2000. Letter to Michael Ryan dated June 20, 2000. Memo to Mayor/City Council re: Highway 101 Valuations dated June 20, 2000. Agenda from the Library Task Force dated June 26, 2000. Listing of Members of the Library Task Force. ce .~ Co.....c: ( - . rill Teutges Redpath, Ud. Certified Public Accountants and Consultants June 7, 2000 Don Ashworth City of Chanhassen P.O. Box 147 Chanhassen, MN 55317-0147 Dear Don: I have talked with Rich Gardner of the Minnesota Department of Revenue Property Tax Division. Rich Gardner verified that the initial TIF Grant Application forms are due August 1,2000. The Minnesota Department of Revenue will be sending out the updated grant application forms and instructions later this week to all TIF municipalities. Please forward the forms and instruction to Dave Mol when received. At our Tax Increment W orksession meeting last week, we discussed work assignments and a tentative timetable for the 1999 grant application process. I am documenting our recommended actions and corresponding assignments. Recommended Action Due Dates Asshmments Complete the 1999 audit June 30, 2000 Bruce DeJong, HLB TR City provide additional information to June 20, 2000 Don Ashworth and HLB TR for the 1999 TIF Reporting Todd Gerhardt Forms - See attached list Draft the 1999 TIF Reporting Forms for July 10,2000 HLB TR - Dave Mol City review and approval (and update corresDonding sDreadshee~) Draft first set of grant forms: . Municipality Qualified TIF July 14,2000 HLB TR - Dave Mol Districts 1999 Deficit Summary . Tax Increment Financing District Authority Report Supplement 1999 Data for TIF Grant Application Purposes (for each TIF District with a certification request date prior to June 2, 1997) to ~ 4810 White Bear Parkway, White Bear Lake, Minnesota 55110, USA Telephone: 6514267000 Fax: 6514265004 HlB Tautges Redpath. LId is a member of IIIlntemational. A world-wide organization of accounting firms and business advisers. Don Ashworth City of Chanhassen June 7, 2000 Page 2 Meeting of Chanhassen nF task force City submits signed 1999 TIF Reporting Forms and TIF ant a lication Prepare calculations of rate compression losses for all districts Draft Payable 1999 TIF Property Net Tax Ca aci Loss Re ort Draft the 1999 Application for Additional Poolin Authori Form Meeting ofChanhassen TIF Task Force - revisit advantage of requesting additional oolin City submit signed Grant Forms . Payable 1999 TIF Property Net Tax Capacity Loss Report . 1999 Application for Additional Poolin Authori Form Pro'ect 2000 TIF ant forms Determine otential defeasance 0 tions Please call if you have any questions. Sincerely, HLB TAUTGES REDPATH, LTD. LffilÁOJ\Ll ~ Melanie A. Accola, CPA MAA/clg Tentatively set for Jul 14,2000 July 31, 2000 September 1,2000 September 8, 2000 September 8, 1999 September 8, 2000 September 14, 2000 c: Scott Botcher, City Manager Todd Gerhardt, Assistant City Manager Bruce DeJong, Finance Director Mark Ruff, Ehlers & Associates Ron Batty, Kennedy & Graven David J. Mol, HLB Tautges Redpath, Ltd. City staff, Dave Mol, Ron Ba , and Mark Ruff Don Ashworth Ehlers Ehlers HLB TR - Dave Mol Don AshwoFth HLB TR - Dave Mol Ehlers ;¡; Don Ashworth City ofChanhassen June 7, 2000 Page 3 City to Do List: · Have council approve TIF grant application. · Provide original TIF plan approval date for . District # I . District #2-2 · Provide any TIF budget amendments in 1999. · Provide detailed information for real estate transactions: Sample format on TIF Form - for District #1 and any other applicable districts: Real Estate Transactions Not APPlicableD Cost to TlF Price Paid Property Sold to Developer from Beginning of TIF District Anthoritv bv Develoner 15. A. B. · Provide detailed information for pay-as-you-go financing and other obligations: Sample format on TIF form - for District #1, #2-1, #2-2, #3, #4, #5 or any applicable districts: ' 70. If pay-as-you-go fmancing being used. list the amount of documented developer costs incurred through December 31, 1999. DN/A $ to . Other Non-Pooled Financial Obligations Not APplicableD Amount ofOrisðnaJ 1999 Principal 19991nt.rest Qutst.adinlt Descrintion of Oblintion Obliøation PaVlDeots Payments 12/31/99 71. 72. 73. 74. 75. ~ Metropolitan Council ~ Working for the Region, Planning for the Future Environmental Services June 7, 2000 To: City and Township Officials State Legislators Industrial Users RECEIVED JUN 0 B loon CITY OF CHAI~""" ...,....... Metropolitan Council Environmental Services (MCES) is holding three breakfast meetings in June to discuss its proposed 2001 budget. These June breakfast meetings will center on the 200 I budget and proposed six-year Plan for Allocating Resources (PAR). The 2001 budget fulfills the Council's commitment to municipal and industrial customers to reduce MCES costs and rates through 2001 while maintaining high quality service delivery. . How has this impacted the region and communities? And, \vhat are possible future impacts? These and other questions will be addressed as we discuss MCES's continuing efforts to improve system equity and leverage resources through grants and partnerships and provide updates on the following topics: · Creation of Regional Environment Partnership · Current and planned capital projects · New dispute resolution process for community flowslbills · Customer research findings and plans to address findings · Smart Growth efforts aligned across divisions of the Council We would like you to consider the above topics and encourage you to submit any questions you have regarding these and other issues in advance. All questions can be submitted by: · faxing to the attention of Dale Ulrich at (651) 602-1477, · e-mailingtodale.ulrich@metc.state.mn.us. or · calling Dale at (651) 602-1020. Receiving your input in advance allows us to research your questions if necessary and incorporate them into our presentation. This year we are offering a tour of the Empire Wastewater Treatment Plant inunediately following the meeting at that site. It is an easy drive to this inviting rural location. However, if you are unable to attend one of our three scheduled meetings and would like to have representatives from MCES meet separately with you and your constituents, or would like a . packet with meeting materials mailed to you, contact Dale Ulrich at (651) 602-1020. , , SEE FOLLOWING PAGES FOR RESERVATION INFORMATION, BUDGET BREAKFAST MEETING SCHEDULE AND MAPS TO ALL THREE LOCATIONS. 230 East Fifth Street St, Paul. Minnesota 55101-1626 1651} 602-1005 Fax 602-1183 TDD/TIY 229-3760 Metropolitan Council Environmental Services 2001 Budget Breakfast Meeting Schedule See attached maps fOT each location To place reservations for one of the following meetings: call Dorothy Goodwin at (651) 602-1263 If responding to voice mail, please identify the meeting you wish to attend, leave your name (please spell your name for name badges) and your affiliation. Thursday, June 22, 2000 (7:30 A.M. - 9:00 A.M.) Shoreview Community Center 4580 N. Victoria Street Shoreview, Minnesota Phone: (651) 490-4700 Note to Industrial Users: Staff from industrial waste will attend this meeting to address any specific concerns and answer questions. Tuesday, June 27, 2000 (7:30 A.M. , Plant Tour at 9:00 A.M.) Empire Wastewater 'treatment Plant 2540 West 197th Street Farmington, Minnesota Phone: (651) 463-4611 ~ MEETING: 7:30 A.M.-9:00 A.M. TOUR: 9:00 A.M.-1 0:00 A.M. There is limited space for the tour-please register early. Wear good walking shoes if you plan to take the tour. There will be stairs and walking involved. Wednesday, June 28 (7:30 A.M. - 9:00 A.M.) Eden Prairie CQmmunity Center 16700 Valley View Road Eden Prairie, Minnesota Phone: (612) 949-8470 .. Shoreview Community Center 4580 N. Victoria Street Shoreview, Minnesota Phone: (651) 490-4700 The Shoreview Community Center is located on the corner of Highway 96 and Victoria in the suburb of Shoreview. Thurs., June 22, 2000 7:30 a.m. From 694, exit at Lexington Avenue, travel north, turn right at Highway 96, left on Victoria Street. - ~ Mpls - ~ - . - ~ - . \ , - V c .. - 0 .¡: V - .s 0> c " .;¡ > Shorevlew j Community o Center H 96 . N , W--$--E , S Roseville - V - ., - V I , Empire Wastewater Treatment Plant 2540 West 197th Street Farmington, Minnesota Phone: (651) 463-4611 Tuesday, June 27, 2000 7:30 a.m. Tour at: 9:00 8.m. The Empire Wastewater Treatment Plant is located a little over a mile east of Highway 3 on 197th Street. 197th Street is approximately 4% miles south of the intersection of County Road 42 and Highway 3 in Rosemount. Watch for the Empire watertower, which is located on the west side of Highway 3 just north of 197th Street. , - . 52 Burnsville . . Rosemonnt 42 3 - ., o CD C. AI ~ ~ CD " c:: CD 52 Empire ~~:~. 197th Street . 200th Street Empire Plant . Farmington N , w--$--e , S Eden Prairie Community Center 16700 Valley View Road Eden Prairie, Minnesota Phone: (612) 949-8470 Wednesday, June 28, 2000 7:30 a.m. b ¡ ~ ~ l c ~ I¡J Community Center o Valley View Road 5 .., "' o I:t: CII 'r: ï! Q. " ~ IU The Eden Prairie Community Center is located on Valley View Road, about Yz block west of Eden Prairie Road. When driving north on Eden Prairie Road from the Highway 5, Valley View Road is the second stoplight. - . .., "' o I:t: Qj .c .!! :¡¡ ~-".. , ~ to Jun B9 2BBB 17:28:B2 Yia Fax AMM FAX NEWS June 5-9, 2000 &12 937 5739 Scott Botcher. l CC : ÚJV1^-t- " -) Page BBl Of BBl Þ -'I.:;'A~ >'--0.K_ of! .." -\ \ ' \\ d~~~ t ~ , ~.J ,/ l ~. 'X. j>''< :r-,t . -' Association of Metropolitan Municipalities Metropolitan Council releases land use data The Metropolitan Council has I released its most recent land use data and maps. To receive the informa- tion, cailthe Regional Data Center at 651-602-1140 or go to the Council's web site: www n1AtrlV'.nl,"roll ornl metroarealoismaln.htm. The web site presents the data in tables, charts and maps for each county, city and township. The tables Mn/Dot announces projects for funding M nlDot announced the projects that will receive a portion of the transportation appropriation ap- proved by the 2000 Legislature. The funding is intended to Improve interregional conidors and alleviate bottlenecks. Metro area projects slated to receive funds are: ADVANCED BOTTLENECK PROJECTS · 1-494 from Highway 100 to Highway212. · Wakota Bridge. · Highway 100 from Twin Lakes to 50~ Avenue · 1-94 from Weaver Lake Road to Humbo~ Avenue, · Highway 12 Bypass from County Road 6 to Wayzata Blvd. INTERREGIONAL CORRIDORS · Highway 12 right-of-way pur- chase from County Road 4 to Highway41. · Highway 52 interchange in Rosemount. · Highway 169 interchanges at Anderson Lake and Pioneer Trail. · Highway 169 interchange in Belle Plaine. present land uses in 1990 and in 1997 and compares the changes during the time frame. As you review the data, please note that the wetlands use compares the wetland acreage that has changed from non-urbanized land to another category. Therefore, the city did not lose wetlands. For example, a wetland that was in a non-urbanized land total may continue as a wetland in a residen- tial area but it is not separately identi- fied in that (residential) category. Being aware of the confusion, the Met Council will add a notation to the web site. If you have any comments regarding the data e-mail the Met Council at: aiscontact@metc.state.mn.us. AMM and others discuss TIF with AG Staff from AMM, the League of Minnesota Cities (LMC) and the Legislative Municipal Caucus met with staff from the attorney general's (AG's) office to discuss the AG's role in enforcing TIF violations. Ken Peterson of the AG's staff noted that the office has not yet handled a case, and may not have a case for at least another year. Peterson, however, indicated that AG as outlined in the statute would attempt to use altemative dispute resolution (ADR) methods rather than petitioning the tax court. If litigation is needed the AG would pursue court action. In reviewing the statute the AG's office and the city groups agreed that the enforcement provision may need to be clarified regarding the type of penaities resulting from the dispute resolution process. While no specific proposals were identified all partici- pants agreed to further discuss leglsiative and procedural Issues. to Council committees develop work plans The Met Council's Housing and Land Use Advisory Committee began developing its work program yesterday. The 24-membercommiltee advises the Met Council on issues regarding metropolitan land use and comprehensive planning, regional housing and matters of metropolitan significance. Members include elected officials, as well as representatives of such business sectors as development, law, labor and housing. The work program will focus on three major policy areas - challenges in accommodating growth, opportunities for aligning regional investment and reassessing regional housing policy and housing development. At its July meeting, the committee will discuss aligning regional investment with emphasis on transporta- tion investments and land use. The Rural Issues Work Group, chaired by Council member Marc Hugunin, also began to develop its work plan. Several Issues were grouped into categories such as agricultural land preservation, the future of rural growth centers, aggregate resources and surface water retention. The work group will review the work plan and possibly review the Aggregate Resources Study at ils next meeting. CITY OF CHANHASSEN I Cily Center Drivt, PO Box 147 'halll,,"sen, Minlltsota 55317 Phollt 612.937.1900 General Fax 612.937.5739 -¡gil¡millg Fax 612.937.9152 -blie Safeo' Fax 612.934.2524 ;''eb /l'JlIll'.ci.,lwl!Jmsen.l1In.lfS June 9, 2000 Mr. Jim Theis 6400 Chanhassen Road Chanhassen, MN 55317 Dear Jim: I want to pass along a special thanks for your involvement in repairing the tennis court at the Recreation Center. The "sinking" court was a pain in my side for a long time. With the school district unwilling or unable to participate financially in a comprehensive repair project, I was running out of options. Your idea to install the drain system provided an inexpensive interim solution. Please pass my thanks on to anyone else that worked on this project. Great work! Sincerely. ~;-- Todd Hoffman Park and Recreation Director TH:ns C: to Scott Botcher, City Manager .-City Council Park and Recreation Commission Personnel Files G:lparklthltheisltr CITY OF CHANHASSEN 690 City emf" Dnv,. PO Box 147 Chanhas,tn, Minn'JOta 55317 Phon, 612,937.1900 Gm".! Fax 612,937.5739 ElIgillttring Fax 612.937.9152 Pllblic Safety Fax 612.934.2524 m'bll'1l'll'.ci.¡lJttllhnsml.1lJ/l.t/S June 9, 2000 Mr. Dale Gregory 7091 Redman Lane Chanhassen, MN 55317 Dear Dale: I want to pass along a special thanks for your involvement in repairing the tennis court at the Recreation Center. The "sinking" court was a pain in my side for a long time. With the school district unwilling or unable to participate financially in a comprehensive repair project, I was running out of options. Your idea to install the drain system provided an inexpensive interim solution. Please pass my thanks on to anyone else that worked on this project. Great work! Sincerely, ';;:r~ Todd HotTman \ Park and Recreation Director TH:ns C: Scott Botcher, City Manager '/City Council Park and Recreation Commission Personnel Files . . G:\park\th\gregoryltr C52', ~ LAW QmCBS ~ BRIAN T. ORooAN (612) 347-0340 E-Mail: GroganB~bamctlcom TIMO'IHY L. Gt1STJN (612) 347-<J409 E-Mail: GustinT@moss--bamctlcom MOSS & BARNETT A PROPBSSIONAL AssocIA110N 4800 NORWEST CsNTsR 90 Soum SBVBNTH STREET MINNEAPOLIS, MtNNESOTA 55402-4129 TELEPHONE (6t2) 347-0300 FACSIMILE (612) 339-6686 COMMUNICA nONS LAW UPDATE RECEI\!FO JUN 13 2000 To: Moss & Barnett Clients and Interested Parties From: Brian T. Grogan and Timothy L. Gustin r;!TY Ür Cnril'mhj,'ìE.N Date: June 9, 2000 I. FRANCHISING AUTHORITIES MAy RECEIVE COMPENSATION FOR USE OF RIGHTS-OF-WAY Franclùsing authorities received goods news on May 15, 2000 when the United States Court of Appeals for the 4th Circuit confinned that ITanclùsing authorities may receive compensation, and not just cost-based fees, for the use of rights-of-way! The court of appeals vacated and remanded the district court's decision wlùch held that a telecommunications ordinance had violated Section 253 of the Telecommunications Act of 1996. 10 this case, Bell Atlantic Marvland. loc. v. Prince George's County. Marvland, 2000 WL 620283 (4th Cir. May 15, 2000), the court of appeals held that the district court should never have reached the federal law issues without first analyzing state law issues, Therefore, the case was remanded back to district court for consideration of the state law issues. The district court's decision can be found at 49 F. Supp, 2d 805 (D. Md 1999). As stated, the case is significant because the district court held that the county was only entitled to reasonable cost-based fees as opposed to compensation for the use of rights-of-way. The district court decision has been widely cited by telecommunications providers across the country as authority to reject any compensation for the use of rights-of-way as unreasonable. Furthennore, many state and federal : regulators have relied on the Prince George district court decision to address similar issues before them. As a result of the 4th Circnit's decision, there are no longer any federal district court opinions that support the argument that compensation must be limited to cost-based fees as opposed to a franclùse fee or a per linear foot charge. There have been several state court decisions that have addressed this issue and those should be reviewed within your jurisdiction for further clarification. Franclùsing authorities also obtained a favorable decision in TCG Detroit v, City of Dearborn, 206 F.3d 618 (6th Cir. 2000), where the 6th Circnit upheld a district court decision (16. F. Supp. 2d 785 (E.D. Mich. 1998» finding that a 4% rranchise fee was pennissible under Section 253. The Dearborn decision supports the argument that cities are not limited to recovering only their "costs" but rather may impose reasonable "rent" or compensation for the use of rights-of-way. Furthennore, the Dearborn decision helps to clarify the requirement in Section 253 mandating "non-discriminatory" treatment. 10 this case Ameritech operated under 100 year old authorization that predated state rranclùsing. TCG, a competitive access provider, argued that a 4% franclùse fee was discriminatory because such fee was not also imposed upon AmeritW¥. BA¡'1r o' . <-, ; 18'96 ; "'1 .2 ";'0 ..,;. :t'l1eys ,,\ MOSS & BARNETT A PROFESSIONAL ASSOCIATION The 6th Circuit held that TCG did not have to be charged the same fee as Arneritech and therefore upheld the imposition of the 4% franchise fee. II. FCC's REpORT ON COMPETITION On January 14, 2000, the FCC released its 6th Annual Report on Competition and Video Markets, The report contains many interesting statistics regarding the cable television and telecommunication industry whicb may perhaps explain some of the emerging trends occurring in the year 2000, Below, we have outlined several of the more interesting statistics for your review. Multichannel Video Programming Distributor ("MVPD') subscribers (i.e. cable, DBS, MMDS, SMA TV, etc.) were up 5.5% in 1999 to a total of81 million subscribers. Of that total, 66,7 million were cable television subscribers, which represented a 2 % increase rrom 1998. Direct broadcast satellite had 10 million subscribers in 1999 or 12.5% of all MVPD subscribers, The seven largest cable television operators now control 90% of the cable television subscribers in the United States. In addition, over 40 million subscribers are now served by regional clusters. There were 245 satellite delivered programming channels available in 1998 which increased to 283 channels available in 1999. 1ñis represents a 16% increase in satellite delivered programming. Despite this fact, the four major networks still control a 52% share of the viewing audience. The top six cable television operators own all or a part of 101 progranuning services. Of the 75 regional programming networks, 26 are sports channels and 30 are news channels. With respect to home computer use, the FCC estimates there are 50 million computer homes in 1999 and over 100 million Internet users. The increase in demand for high-speed Internet access is encouraging new start-up companies to consider overbuilding cable operators, and several industry trade groups have estimated that the demand for residential high- speed Internet services will increase nearly five-fold by 2004. In the year 2000, it is estimated that nearly 3.3 million subscribers will take advantage of cable television high-speed modems, 1ñis number is anticipated to increase to 16,6 million subscribers by the year 2004, The FCC concluded that the total revenue from all MVPD's as well as local telephone and long distance telephone was $334 billion. Of this total, cable television fees amounted to 12,3% of that total or approximately $40 billion. Cable television rates increased 3,8% in 1999 while the CP1 during that same period was 2%, However, the FCC estimates that cable operators increased the capital spent on system upgrades by 13%, license fees increased 14.6%, and programming costs increased by 16.3%, The labor " costs for the cable and telecom industry also increased an additional 2% over all other industries. The main emphasis of the FCC's report was on the presence of competition throughout the United States, and the report found that competition is slowly emerging, Arneritech now has 111 franchises serving 250,000 subscribers. Bell South has 21 franchises and passes approximately 1.4 million homes, GTE, SNET, and USWest also are providing cable television services. Open Video Systems (OVS) have not been as wide spread with ouly 13 certified providers in 28 areas. While the FCC's report on competition demonstrates that subscribers in certain areas are now afforded a choice of cable television operators, it is apparent that the total number of cable operators in the country is shrinking with the largest operators such as Time Warner, AT&T, and Charter acquiring a larger percentage of the total subscriber base. ^ MOSS & BARNETT A PROFESSIONAL AssociATION III. LOCAL GOVERNMENTS LOSE THEIR LAST HOPE OF CONTROLLING THE SITING OF COMMUNICATIONS FACILITIES BASED ON RADIO FREQUENcY Two recent court decisions further restrict local governments from regulating conununications facilities based on radio frequency. In the first, Cellular Phone Taskforce v. FCC. No. 97-4328(L) (2nd Cir. Feb, 18, 2000), the court held that federal law preempts a local government rrom regulating not only the placement, construction, or modification of a personal wireless service facility based on radio rrequency emissions, but also the operation of it. In the second, Freeman v. BurliDlrton Broadcasters. Inc.. No, 97- 9141 (2nd Cir. Feb, 23,2000), the court held that federal law preempts a local zoning board rrom conditioning a pennit to construct and use a conununications tower on a requirement to eliminate radio rrequency interference with appliances and devices in nearby homes. With the Teleconununications Act of 1996 ("Act"), local governments have limited regulatory authority over the health and environmental effects rrom radio rrequency emissions, See 47 V.S.C. Section 332(c)(7)(B)(iv). The Cellnlar Phone decision e,,:pands such limitations beyond the plain language of the Act. The Freeman decision states that the entire field of radio rrequency interference regulation is preempted by federal law because federal law is so pervasive, Taken together, these cases suggest that local governments should be wary to regulate conunuuications facilities based on the environmental or health effects of radio frequency or any interference resulting thererrom, A closer analysis of each decision follows. Cellular Phone Taskforce v, FCC In this case, the petitioners appealed two final opinions and orders in which the FCC adopted guidelines for human exposure to radio frequency radiation from FCC-regulated transmitters and facilities. Of the many claims raised by the petitioners, the one of most significant impact to local governments centers on the interpretation of 47 V.S, C. Section 33 2( c )(7)(B)(iv) of the T eleconununications Act of 1996. The pertinent language states in part: No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's [FCC's] regulations concerning such emissions. On its face, the statute clearly prohibits a state or local government rrom regulating the "placement, construction, and modification" of conununications facilities based on radio frequency emissions, What was at issue in this case, though, was not the placement, construction, or modification of such facilities, but the operations of them. The petitioners argued that the absence of the word "operations" rrom the statute preserves the rights oflocal governments to regulate the radio rrequency emissions produced by the operations of conununications facilities, Despite the legislative history supporting the petitioners' argument, the court disagreed, reasoning that deference is afforded to an agency's interpretation of a statute which the agency is charged with administering, a well-settled principle of administrative law, to ; Freeman v. Burlington Broadcasters. Inc. In this case, homeowners adjacent to a conununications tower sought enforcement of a local permit condition that required the conununications company to remedy any radio rrequency interference rrom tower signals with appliances and devices in neighboring homes. The local zoning board found that federal law preempted enforcement of the permit condition, Believing the conununications company to be sluggish , MOSS & BARNETT A PROFESSIONAL AssoctATION in responding to complaints, the homeowners removed the case to federal district court and argued that there was state or local jurisdiction over claims of fraud, deceit, or misrepresentation. The district court dismissed the case for lack of subject matter jurisdiction. On appeal, the circuit court concluded that federal law preempts the field of radio rrequency interference because its regulations are so pervasive. The court, however, did note that homeowners such as the appellants are not without a remedy. Federal regulations impose a continuing duty on communications companies to provide technical assistance to residents within the blanketing interference area to resolve radio frequency interference problems. Within the first year of operation, the transmitting station must satisfy all complaints of blanketing interference with most common devices at no cost to the complainant. Landowners may also file an infonnal request for action with the FCC, and they may ask the FCC to deny renewal of the license on the grounds that the interference is so severe that it violates the public interest. . . . Brian T. Grogan is a shareholder with the Minneapolis law finn 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 ftequent presenter at state and national conferences regarding conununications law. He is a member of the American Bar Association (Forum Committee on Conununications 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 finn 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 web site at www.moss-barnett.com. . . . . The materials in this Communications Law UDdate have been complied from a variety of sources and address only a portion of the relevant issues contained within hundreds of pages 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 Urxiate. Please send your name and/or address corrections to: Terri Hammer Moss & Barnett Fax: (612) 339-6686 E-mail: hanunert@moss-barnett.com A CITY OF CHANHASSEN '0 City CfIlter Drive, PO Box 147 ChanhflSSfIl, Minnesota 55317 Phone 612.937.1900 GfIlera! FIlX 612.937.5739 ellgilleerillg Fax 612.937.9152 'lIb!ic S,¡fety Fax 612.934.2524 \I'fcb lI'II'Il:ci. c/!lIn!JI1JSen, mll,lIS '.~r:.., ,l'rf....I.... A. Ct', ~~ MEMORANDUM TO: Scott Botcher, City Manager Kate Aanenson, AICP, Community Development Director ~ FROM: DATE: June 6, 2000 SUBJ: Livable Communities Demonstration Account A few months ago I told the council that I would be applying to the Metropolitan Council for funding under the LCA. The project that would most likely meet the criteria of the grant was Pulte development at the corner of Highways 5 and 41. I felt this was the only project that was worth submittin} based on the evaluation criteria. The deadline for the application was June 2" , Because Pulte development has not made a new submittal for the PUD, staff was unable to submit an application. g:\plan\ka\pultc.lca grant.doc . " I I I , , CAMPBELL KNUTSON ,('. c-c.; I 'i D ¡\- i=t,{q..,c 1>'fIe~ Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik (651) 452-5000 Fax (651) 452-5550 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Brandt ·A!soIic-tn$tdinWiKonsin June 8, 2000 Mr. Scott Botcher City Manager City of Chanhassen 690 City Center Drive PO Box 147 Chanhassen, MN 55317 .'."'= P...,~-. ,_. '" >' ""~. "-' ~ ~. ' " ~f' J;i:; 0 J 2000 CI ì ¡ ~IC V""'·,I "'\vvtN Re: Heritage National Bank vs. Chan Ventures. LLC. et al. Court File No. C9-00643 Dear Mr. Botcher: This letter serves as an update on the mortgage foreclosure action referenced above and venued in Carver County District Court. As discussed in my letter of May 2, 2000, Heritage National Bank has a fIrst mortga1\e on the Chanhassen Bowl property in the amount of $500,000 and the Economic Development Authority in and for the City of Chanhassen ("Chanhassen EDA") has a second mortgage on the Chanhassen Bowl property ("Property"). Chan Ventures, LLC, has defaulted on both loans. On behalf of the Chanhassen EDA, we recently served and filed an Answer, Counter-Claim and Cross-Claim, a copy of which is enclosed for your review. The purpose of the foregoing Answer, Counter-Claim and Cross- j' Claim was to assert that the Chanhassen EDA's mortgage is prior to and superior to any and all other rights or claims to the Property, other than that of Heritage National Bank. On behalf of the Chanhassen EDA, we intend to immediately commence a mortgage foreclosure by advertisement. It should take place in approximately two months rrom the commencement to the time of sheriff's sale of the Property. After the sheriff's sale, there will be a six month period of redemption for Chan Ventures, LLC, Le. pay Chanhassen EDA the amount owing. If Chan Ventures, LLC fails to redeem, and no other party, Le. lien holders, etc., redeems rrom the Chanhassen EDA foreclosure sale, the Chanhassen EDA will become the owner of the Property, subject only to the mortgage in favor of Heritage National Bank, and all unpaid real estate taxes. Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 June 8, 2000 Page 2 It if appears that the Chanhassen EDA may become the owner of the Property as a result of the foreclosure, I advise the EDA to consider having a Phase I environmental report prepared to determine if there is any environmental contamination. However, a Phase I report will not be ordered without the EDA's consent. If you have any questions, please contact either Matthew J. Foli or myself. Very truly yours, CAMPBELL KNUTSON Professional Association By: JFK:nme encs. cc: Todd Gerhardt (w/encs.) . CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch (651) 452-5000 Fax (65 I) 452-5550 Joel J, Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F, Kelly Matthew J, Foli Marguerite M. McCarron Gina M. Brandt ·ALso licmstd in Wiscoruin ... Writer's Direct Dial: (651) 234-6214 Writer's Fax: (651) 452-5550 Writer's e-mail: mfoli@ck-law.com May 31, 2000 TO ALL PARTIES ON THE ATTACHED SERVICE LIST. Re: Heritage National Bank vs. Chan Ventures. LLC. et al. Court File No. C9..()0643 TO EACH OF YOU: Enclosed herewith and served upon you by United States mail in the above-referenced matter, please fmd the following: 1. Answer, Counter-Claim and Cross-Claim of the Economic Development Authority in and for the City of Chanhassen; and 2. Certificate of Representation and Parties. Sincerely, CAMPBELL KNUTSON Professional Association ~ . By:~~L' Matthew J. For MJF:nme Enclosures cc: Scott Botcher (w/encs.) Todd Gerhardt (w/encs.) 8680Q :::iulte 317 . Eagandale Office Center . 1380 Corporate Center Curve · Eagan, MN 55121 _....:.... SERVICE LIST Heritage National Bank v. Chan Ventures, et al. (Our File No. 12668/539) Attorney(s) for Plaintiff Heritage National Bank: Patrick J. Flynn Knutson, Flynn, Deans & Olsen 1155 Centre Pointe Drive, Suite 10 Mendota Heights, MN 55120 Chan Ventures, LLC 581 West 78th Street Chanhassen, MN 55317 Daniel F. Dahlin and Mary S. Dahlin 1889 Fairmont Avenue St. Paul, MN 55105 Otto Associates Engineers and Land Surveyors, Inc. 9 West Division Street Buffalo, MN 55313 Korsunsky Krank Erickson Architects, Inc. 300 First Avenue North Minneapolis, MN 55401 Chanhassen Bowl, Inc. 581 West 78th Street Chanhassen, MN 55317 to 86607 CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch (651) 452.5000 Fax (65 I) 452.5550 ... Joel J. Jamnik Andtea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. FoH Marguerite M. McCarron Gina M. Brandt ·/IJroliœnsedinWuconsin Writer's Direct Dial: (651) 234-6214 Writer's Fax: (651) 452-5550 Writer's e-mail: mroli@ck-law.com May 31, 2000 Disttict Court Administrator Carver County Courthouse and Justice Center 600 East Fourth Street Chaska, MN 55318 Re: Heritage National Bank vs. Chan Ventures. LLC. et al. Court File No. C9-00643 Dear Administrator: Enclosed herewith for filing in the above-referenced matter, please fmd the following: 1. Answer, Counter-Claim and Cross-Claim of the Economic Development Authority in and for the City of Chanhassen with Affidavit of Service attached thereto; . 2, Certificate of Representation and Parties; and 3. This firm's check in the sum of $122 representing your filing fee for municipalities. Thank you. < Sincerely, CAMPBELL KNUTSON Professional Association By: ~~~~t7 ~L' MJF:nme Enclosures cc: Scott Botcher Todd Gerhardt 8~3Yte317. EagandaleOfficeCenter. 1380 Corporate Center Curve · Eagan,MN55121 ..~ . . STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT Case Type: Other (Mortgage Foreclosure by Action) Heritage National Bank, Court File No. C9-00643 Plaintiff, vs. ANSWER, COUNTER-CLAIM AND CROSS-CLAIM OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN Chan Ventures, LLC; Daniel F. Dahlin; Mary S. Dahlin; Geraldine P. Baden; Otto Associates Engineers and Land Surveyors, Inc.; Korsunsky Krank Erickson Architects, Inc.; Economic Development Authority in and for the City of Chanhassen; and Chanhassen Bowl, Inc., Defendants. Defendant, Economic Development Authority in and for the City of Chanhassen (hereinafter referred to as "EDA"), as and for its Answer, Counter-Claim and Cross-Claim, states and alleges as follows: 1. EDA denies each and every matter alleged in Plaintiff s Complaint, unless . otherwise hereinafter admitted, qualified, or otherwise answered. 2. EDA is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4,5,6, 17, 18, 19,20,24,25,26,28,29, and 30 of Plaintiffs Complaint and, therefore, denies the same and puts Plaintiff to its strict proof thereof. 3. With respect to any documents recorded in the office of the County Recorder, Carver County, Minnesota, the documents and the relevant recording information speak for themselves. 4. EDA admits the allegations contained in paragraphs 1,2,8, 10, 12, 13, 15,23, and 27 ofPlaintitI's Complaint. 5. With respect to paragraph 7 ofPlaintitI's Complaint, EDA alleges that the Economic Development Authority in and for the City of Chanhassen is a public body corporate and politic under the laws ofthe State of Minnesota, with its principal place of business located at 690 City Center Drive, Chanhassen, Carver County, Minnesota 55317. 6. With respect to paragraph 9 ofPlaintitI's Complaint, EDA admits that Exhibit A attached to the Complaint is a copy of a Promissory Note dated August 28, 1997 executed by Defendant Chan Ventures, LLC in favor of Plaintiff in the amount of $500,000. 7. With respect to paragraph II ofPlaintitI's Complaint, EDA admits that Exhibit C attached to the Complaint is a copy of a Guaranty dated August 28, 1997 executed by Daniel F. Dahlin and Mary S. Dahlin. , \, 8. With respect to paragraph 14 of Plaintiff's Complaint, EDA admits that Exhibit F attached to the Complaint is a copy of a Pledge Agreement dated August 28, 1997 executed by ~ Defendant Chan Ventures, LLC. EDA admits that Exhibit G attached to the Complaint is an Escrow Agreement dated August 28, 1997 between Defendant Chan Ventures, LLC and Plaintiff. With regard to the allegation in the last sentence of paragraph 14 of the Complaint, EDA is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegation and, therefore, denies the same and puts Plaintiff to its strict proof thereof. 86403 2 -....... 9. With respect to paragraph 16 ofPlaintitI's Complaint, the Note and the Mortgage referred to in said paragraph speak for themselves. 10. With respect to paragraphs 21 and 22 ofPlaintitI's Complaint, the Mortgage referred to in said paragraphs speaks for itself. CROSS-CLAIM AND COUNTER-CLAIM COUNT I. II. That on or about August 28, 1997, Defendant Chan Ventures, LLC executed a Promissory Note to EDA in the amount of One Hundred Thirty Four Thousand One Hundred Two and 01/100 Dollars ($134,102.01). A true and correct copy of said Note is attached hereto as Exhibit A and incorporated herein by reference. 12. That said Note is secured by a Mortgage on real property located in the County of Carver, State of Minnesota, and legally described as follows, to-wit: Lot Two (2), Block One (1) Chanhassen Mall according to the plat thereof now on file and record in the Office of the County Recorder, Carver County, Minnesota. 13. That the EDA's Mortgage is dated August 28, 1997 and filed for record on September II, 1997 in the Office of the County Recorder in and for the County of Carver, State of Minnesota. A true and correct copy of the EDA's Mortgage is attached hereto as Exhibit B : and incorporated herein by reference. 14. That Defendant Chan Ventures, LLC is the record owner claiming an interest in the aforementioned real property. 15. That Defendant Geraldine P. Baden may have a claim or interest in the real property by virtue of the Mortgage described in paragraph 24 ofPlaintitI's Complaint, however any interest of Defendant Geraldine P. Baden is subject to and inferior to the EDA's Mortgage. 86403 3 16. That Defendant Otto Associates Engineers and Land Surveyors, Inc. may have a claim or interest in the real property by virtue of the Mechanic's Lien described in paragraph 25 of Plaintiff's Complaint, however any interest of Defendant Otto Associates Engineers and Land Surveyors, Inc. is subject to and inferior to the EDA's Mortgage. 17. That Defendant Korsunsky Krank Erickson Architects, Inc. may have a claim or interest in the real property by virtue of the Mechanic's Lien described in paragraph 26 of Plaintiff's Complaint, however any interest of Defendant Korsunsky Krank Erickson Architects, Inc. is subject to and inferior to the EDA's Mortgage. 18. That Defendant Chanhassen Bowl, Inc. may have a claim or interest in the real property as a tenant under an unrecorded lease, however any interest of Chanhassen Bowl, Inc. is subject to and inferior to the EDA's Mortgage pursuant to a Subordination, Non-Disturbance and Attornment ("SNDA") Agreement executed August 28,1997, by and between Defendant Chan Ventures, LLC, Defendant Chanhassen Bowl, Inc., and Defendant EDA. A true and correct copy of the SNDA Agreement is attached hereto as Exhibit C and incorporated herein by reference. 19. The lien of the EDA's Mortgage filed against the real property is prior and superior to all right, title and interest of any party claiming any interest in the real property, except the interest(s) of Plaintiff Heritage National Bank, as identified in paragraphs 10, 12, and ,to 13 of Plaintiff's Complaint. WHEREFORE, Defendant Economic Development Authority in and for the City of Chanhassen demands judgment against Plaintiff and Defendants, and each of them, as follows: I. For an Order declaring the lien of Defendant EDA's Mortgage, as described herein, to be prior and superior to all right, title and interest of any party herein, except the 86403 4 \ ¡ I interest(s) of Plaintiff Heritage National Bank, as identified in paragraphs 10, 12, and 13 of Plaintiffs Complaint. 2. For an Order declaring the lien of Defendant EDA's Mortgage, as described herein, to be prior and superior to any Mechanic's Lien claims by any party herein. 3. For such other and further relief as this Court deems just and equitable. Dated: J1&r 3q :kbO CAMPBELL KNUTSON Professional Association By I{i~;!(. Matthew J. Foli, #0257874 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ATTORNEYS FOR DEFENDANT ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN ACKNOWLEDGMENT The undersigned does hereby acknowledge that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, to the parties against whom the allegations in this pleading are asserted. Dated this J!i1!day of May, 2000. CAMPBELL KNUTSON Professional Association By:~~ì2' John F. Kelly 54768 - Matthew J. Foli, #0257874 86403 5 ..-........ . ·, '" -"- PROMISSORY NOTE Dated this ;Zy:zlday of_ A'<J /t,j / , 1997 $134,102.01 FOR VALUE RECEIVED, the undersigned promises to pay to' the Order of Economic Development Authority in and for the City of Chanhassen at. P.O. Box 147, 690 Coulter Drive, Chanhassen, Minnesota 55317, or at such other place as may be designated by the holder hereof, the principal sum of $134,102.01 or so much thereof as may hereafter be advanced with interest on the unpaid balance at the rate of 3% per annum until paid in lawful money of the United States of America in the following manner: Equal annual payments of $13,150.00 of principal and interest, with all payments· first being made on interest and the balance of such payments to be applied against principal. Such annual payments shall commence May 1, 1998, and be payable each year thereafter until May 1, 2005, when the entire unpaid principal, together with all accrued interest shall be due and payable in full. · . If any default is made in the payment of any of these installments of principal and interest, the holder of this note may elect to declare the unpaid balance of this note, including interest thereon immediately due and payable without notice. The undersigned has the option to prepay all or any part of this loan at any time or from time to time. EXHIBIT I A , :t. . '" Each maker, endorser, guarantor and surety hereof hereby waives payment, presentment for payment, notice of payment, protest and notice of protest and notice of default hereon and agrees to pay in the event of a default hereunder the cost of collection including a reasonable attorney's fee. This note is secured by a real estate mortgage of even date executed by the undersigned. CHAN 1f:URE_S ð':IJ1 / / ~~-¡,l.' By Daniel F. Dahlin Its Chief Manaqer , . FonnNo. 2OØ-4I3M-MOATQAOI lIyCOrporallonorPIf1neI&hIp w.IItrl....-St.,.. .-.-_UftiIoI",~""'111M) ¡ -........ ~>t¡~ ..,.,. .... "MI· ~~/!_i~·,¡.i ,:..:;'.;'~:¡ (racrve4rÒfIftOftIa¡creIÎ51I')'Wlpl)'lftCnldaIa) MORTGAGE REGISTRY TAX DUE HEREON: $ :?ô:!,6'6 IlUerved (orrecordinldlta) f).J?-f day or $ß¡J(lo"r .19-2L. THIS INDENTURE. Made this between Chan Ventures, LLC . Umi ted Liability Company Minnesota under the laws of Mortgagor (whether one or more), and E.c:.onomic Develoanent Authoritv in and for the Ci tv of Oumhassen. a ooblic body corporate and politic. under th~ Mortgagee (whether one or more), laws of Minnesota . WITNESSETH, That Mortgagor, in consideration of the sum of One Hundred. Thirty Four Thousand One Hundred Two and 01/100 ($134,102.01)---------------------------------- DOLLARS. to Mortgagor in hand paid by Mortgagee. the receipt whereof is hereby acknowledged, does hereby convey unto· Mortgagee. forever, real propcrty in Carver· County Minnesota, described as follows: Lot Two (2), Block One (1) Q\anhassen Mall , according to the plat thereof now- on file and - record in the Office of the County Recorder, Carver County, Minnesota. \ together with all hereditaments and appurtenances beJonging thereto (the Property). TO HAVE AND TO HOLD THE SAME, to Montagee- forever. Mongagor covenants with Mortgagee as Follows: Thai Mortgagor is lawfully seized of the Property and has good righl to convey the same; that the Property is (ree from all encumbances, except u follows: A Mortgage in favor of Heritage National Bank, a national banking association, in the original amount of $500,000.00 dated August 28, 1997. that MOI1pJcc shan quiet1y enjoy and posseu the same; and that Mortaagor will warrant and defend the title to the same against all lawful claims not hereinbefore specifically excepted. . PROVIDED. NEVEJmJELESS. That If M'W'f'f spaU·par 10 ~rtag.. the som of One Hundred Thirty Four Tholl"''''' Ooe Hllndred Two and 01/1· 134.1O~.01 -------------------------- DOLLARS. accordina 10 the tennS of a prQmlsJOry note of even date herewith (the Note), the final payment being due and payable on Mav 1 . , zOO.:> with Inlete$t"at the rate provided in the: Note, and shall repay to Mortpgec, at Ihe times and with interest as specified, all cums advanced in p~ting the lien of this Mortgage. in paymenl ofwe.s on the Propert)' and assessments payable therewith. insurance premiums covering buildings thereon, principal or Inueresl on any prior liens, cxpeDSe$ and anorney's fees herein provided (or and sums advanc:ed for any other purpose authorized hctcin, and shall keep and perform all the covenants and agreements herein contained, then Ihis Mortgage shall be nuJl and void, and shall be released at Mortga~or's expense. I , a I EXHIBIT B AND MORTOACiOR covenants with MOf1paee AI rollows: I. 10 PlY the principal .um of money Ind Interell.. .pecln" In lhe NoIc; 2. 10 ply all tun and IIKISmCntI now due or thIC 1M)' hae~cr become liens aglJMt !he Property before penalty allaches therelo: 3. 10 keep III buildl"", Improvemenb and blura now or later located on ora put oflhe Property Insured agllnsL Iou by fire. extended ,~III\ ~ m k~~~ablc,.teambollcre!,pIOllon.forllleut~lIftOI.Intof It IIllJmea while III)' amount remains unPaid under !hI. MortPle. If any of the bulldlnp. Improvements or n!,luru are loc.ted In . redcnlly deall'1ated ftood prone IIU.. and If ftood Insurance is available for Ihlt lrea, Mort,a¡ot .hall proarre .nd rnalnudn DODd ißSUllftCe In .IInOÞRb reasonably udsfactory 10 MOrtBIJCC. Each Insurance policy sh.1I contain a Iou payable clause In ravor of Mort¡a¡ee affordlna III rlJhll and"prfv:llc¡ea cuslomarlly provided under lhe so-called standard mort¡ap claule. In the evenl of dlmage 10 lhe Properly by fire or olher caually. Monllgcr shall promplly ,ive notice of MICh dlm'le 10 MOI'tJa,cc and Ihe Insurance company.11Ie Insurance shall be issued by an insurance company or comp.nles licensed 10 do buÑncssln !he SI'le of MinnelOll and' accepIable 10 Mort¡l,ee. The Insurance poUclcs shall provkle ror notlcss!han ten days written noIke 10 MOftJa¡ec before cancella_ tion. non-renewal. termination. or cbanle In coverage. and MortJllor shall deliver to Mortlllee . duplicate orillnal or certificate of such Insuranc:epollclel; . 4. to pay, when due. both principal and ¡ntaClt of all prior lien¡ or encumbrances, Jr any. and 10 keep the Property free and cJear of all 0Iher prior UenI or encumbnnceJ; . 5. 10 commit or permll no waste on the.Propeny and to keep II In load repair; 6. to complete forthwJ!h III)' Improvemenb which may berufter be under course of construction on the Property: and 7. to pay In)' ocher expenseI and atlomey's fecs Incurred b)' Mortga,ee by reuon of litigalion with any third party ror Ihe protection of the lien of this Mort¡ap. '. In cue of failure 10 pay said lallcs and LUessments. prior lien5 nrcncumbrancu. cllpen5Csllnd lI'norney's fees 115 above ,;peciJied. or to insure said buildin,s. Improvements and fixtures and deliver the policiu as aforesaid, Mongagee may pay 51.1ch talle,;, aueuments. prinr licns, expenses and allome)'·s fees and interest thereon, or obtain (lIch insurance. and the sums so paid shall bear interest from the datc of such payment althe same ralc sel forth in the Note.-.nd shall be impI'Cncd u an additionalUen upon lhe Property and be Immediately duc and payable from Mart,a,or to Mortgagee and' this Mortaage shall from datc Ihereor secure !he repaymenl of such advance( with ¡nlel'Cst. In case of def.ullln Iny of the foregoing coven.nl!!, Mort,alor confers upon the Mortlaaee the option of declarln,lhe unpRld balance of the Note and lhe intereSI ØCCJ'Ucd !hereon. tOlelher with all sums advanced hereunder. Immediately due and payable wilhout notice, and hereby authorlUJ and empowers Mort,a,ce to foreclosc Ihis mortgll,e by judicial proceedings or 10 sell !he Property at public auction IInd convey thc same to the purchaser In fee simple In accordance with the slalule.and oul of the moneys arlslnl from such IIle 10 retain all sums secured hereby. whh interesl .nd all legal costs and charges of such fnrec!o.o¡ure and Ihe maximum aUMley's fcc permincd by taw. which costs. charges and fccs lhe Mongngor ngrees 10 pay. The terms of thi. Mongage shall run with the Pmpcny IInd hind Ihe parties hen:to and their SUCCC550ß In ¡nlere51. INTESTlMONYWHEREOF,. Mortgagor has hereunto set hs hand the day and year first above wrlllen. MORTGAGOR CMn~ By '~. Its Chief ManaSter . . State of Minnesota, County of Æ'ð.ð7 S "';Y } $S, By Its The foregoil!8 instrument was acknowledged before me this by Daniel F. Dahlin -' the O1ief MalW<er II1II of Chan Ventures. LLC -. a ~trï ~i~t~ Company under the laws of Minnesota . ~n behalf of .he Limi tÈd Ua i t n 07~ day of .6læOAl,;7-:-19 9o"? v ,~, THIS INS1'RUMENTWAS DRAFTED BY INAMEA/'ID ADDRESS~ '&dA'# " SIQHATUREOFrEltSQH'l IN OOMENT. Gerald C. Runmel Attorney at Law 1100 Capital Centre 386 North Wabasha Street St. Paul, MN 55102 NOTARIAl. STAMP OR SEAl. lOR OTHER TrTl.E OR RANKI @ OALEB.KUTTER ~ NOTARY PUlIJC-MWHE3IITA CAA~eR CotlNTY ---.......,,1,- FAILURE TO RECORD OR FILE THIS MORTGAGE MAY AFFECT THE PRIORITY OF THIS MORTGAGE, SUBORDINATION, NON-DISTURBANCE AND ATIORNMENT AGREEMENT TIllS AGREEMENT, made and entered into as of theðy of A''1?s4!8'f.1997, by and among Cbanhassen Bowl, Inc. ("Tenant"), wh se address is 58} IN '!ð'.ør H ¿JMlhtLSS¡I!'¡, Minnesota I??;U?, Chan Ventures, LLC ("Mortgagor"), whose address is 581 - 78th Street, Ch.nh"sen, Minnesota 55317, and the Economic Development Authority in and for the City of Ch.nh..sen ("Mortgagee"), whose address is Ch.nha.sen, Minnesota PRELIMINARY STATEMENT OF FACTS A. - Mortgagee is making a loan to Mortgagor ("Loan ") repayment of which is to be secured by a Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents ("Mortgage") on the real estate (the "Premises") more fully described in Exhibit "A" attached hereto. B. Tenant is the present lessee under a lease dated , demising the Premises (said lease and all amendments thereto being referred to as the "Lease"). C. As a condition precedent to Mortgagee's disbursement of Loan proceeds, Mortgagee has required that Tenant subordinate the Lease and Tenant's interest in the Premises in all respects to the lien of the Mortgage. . D. In return, Mortgagee is agreeable to not disturbing Tenant's possession of the Premises. E. Mortgagee is disbursing the Loan proceeds in reliance upon the agreements contained in this instrument and but for said agreements would not disburse the Loan. NOW, THEREFORE, in. consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged it is hereby agreed as follows: " 1. SUBORDINATION. The Lease, and the rights of Tenant in, to or under the Lease and the Premises, including the rights to any condemnation awards payable from a taking by a condemnation of the Premises (other than those awarded Tenant for Tenant's loss of business, relocation expenses and trade f1xtures, if awarded to Tenant separately and which do not reduce the award payable for the taking of the Premises), are hereby subjected and subordinated and shall remain in all respects and for all purposes subject, subordinate and junior to the Mortgage, and to the rights and interests of from time to time any holder of the Mortgage. 1 EXHIBIT I c 2. PURCHASE OPTIONS. Any options or rights contained in said Lease to acquire title to the Premises, including any rights of first refusal, are hereby made subject and subordinate to the rights of Mortgagee under the Mortgage and any acquisition of title to the Premises made by Tenant during the term of the Mortgage shall be made subordinate and subject to the Mortgage. 3. TENANT NOT TO BE DISTURBED. Provided Tenant is not then in default (beyond any period given Tenant to cure such default) in the payment of rent to be paid under the Lease or in the performance of any of the terms, covenants or conditions of the Lease on Tenant's part to be performed, Tenant's use, enjoyment and possession of the Premises under the Lease and any extensions or renewals thereof which may be effected in accordance with any renewal rights therefor in the Lease, shall not be diminished or interfered with or terminated by reason of foreclosure, deed in lieu or other account by . Mortgagee, and Tenant's occupancy of the Premises shall not be disturbed by Mortgagee during the term of the Lease or any such extensions or renewals thereof. 4. TENANT NOT TO BE JOINED IN FORECLOSURE UNLESS REQUIRED BY LAW. So long as Tenant is not in default (beyond any period given Tenant to cure such default) in the payment of rent to be paid under the Lease or in the performance of any of the terms, covenants or conditions of the Lease on Tenant's part to be performed, Mortgagee will not name or join Tenant in any action or proceeding fQreclosing the Mortgage unless such naming or joinder is necessary to foreclose the Mortgage and then only for such purpose and not for the purpose of terminating the Lease. 5. TENANT TO ATTORN TO MORTGAGEE. If the interests of Mortgagor shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by Mortgagee in lieu of or pursuant to a foreclosure, or by any other manner, and Mortgagee succeeds to the interest of Mortgagor under the Lease, Tenant shall be bound to Mortgagee under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining, with the same force and effect as if Mortgagee were the landlord under the Lease, and Tenant does hereby attorn to Mortgagee as Tenant's landlord, said attornment to be effective and self-operative immediately upon Mortgagee succeeding to the interest of Mortgagor under the Lease without the executi~ of any further instruments on the part of any of the parties hereto; provided, however, that Tenant shall be under no obligation to pay rent to Mortgagee until Tenant receives written notice from Mortgagee that Mortgagee has succeeded to the interest of Mortgagor under the Lease. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the term of the Lease shall be and are the same as now set forth therein; it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length herein. 6. MORTGAGEE NOT BOUND BY CERTAIN ACTS OF MORTGAGOR. If Mortgagee shall succeed to the interest of Mortgagor under the Lease, Mortgagee shall 2 not be liable for any act or omission of any prior landlord (including Mortgagor); nor subject to any offsets or defenses which Tenant might have against any prior landlord (including Mortgagor); nor bound by any rent which Tenant might have prepaid in excess of 60 days; nor for more than the then current installment; nor bound by any amendment or modification of the Lease made without Mortgagee's consent. In the event of a default by Mortgagor under the Lease or an occurrence that would give rise to an offset against rent or claim against Mortgagor under the Lease, Tenant will use Tenant's best effórts to set off such defaults against rents currently due Mortgagor and will give Mortgagee notice of such defaults or occurrence at the address of Mortgagee as set forth above and will give Mortgagee such time as is reasonably required to cure such default or rectify such occurrence. Tenant agrees that notwithstanding any provision of the . Lease to the contrary, Tenant will not be entitled to cancel the Lease, or to abate or offset against the rent, or to exercise any other right or remedy until Mortgagee has been . given reasonable notice of default and reasonable opportunity to cure such default. In the event Tenant has paid a security deposit to Mortgagor under the Lease, Mortgagee shall not have any liability to Tenant unless the same has actually been paid over to Mortgagee and Mortgagee holds the same. 7. ASSIGNMENT OF LEASE. Mortgagor will by a separate Assignment of Rents and Leases ("Assignment") assign Mortgagor's interest in the rents and payments due under the Lease to Mortgagee as security for repayment of the Loan. If in the future there is a default by Mortgagor in the performance and observance of the terms of the Mortgage, Mortgagee may, at Mortgagee's option under the Assignment, require that all rents and . other payments due under the Lease be paid directly to Mortgagee. Upon notification to that effect by Mortgagee, Mortgagor hereby authorizes and directs Tenant and Tenant agrees to pay the rent and any payments due under the terms of the Lease to Mortgagee. The Assignment does not diminish any obligations of Mortgagor under the Lease nor impose any such obligations on Mortgagee. \, 8. SUCCESSORS AND ASSIGNS. This Agreement and each and every covenant, agreement and other provisions hereof shall be binding upon the parties hereto and their successors and assigns, including without limitation each and every from time to time holder of the Lease or any other person having an interest therein and shall inure to th\' benefit of Mortgagee and Mortgagee's successors and assigns. As used herein, the words "successors and assigns" shall include the heirs, administrators and representatives of any natural person who is a party to this Agreement. The foregoing notwithstanding, nothing herein shall be deemed to allow assignment or subletting by Tenant without the prior written consent of Mortgagee, which consent shall not be unreasonably withheld. 9. PREPAYMENT OF RENT. Tenant agrees that it will not prepay rent under the lease for more than one (1) month. 10. NO CANCELLATION. The Lease shall not be terminated, canceled or modified· without the prior written consent of Mortgagee. 3 11. CHOICE OF LAW. This Agreement is made and executed under and in all respects is to be governed and construed by the laws of the State of Minnesota. 12. CAYl'IONS AND HEADINGS. The captions and headings of the various sections of this Agreement are for convenience only and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be rree1y interchangeable. 13. NOTICES. Any notices and other communications permitted or required by the provisions of this Agreement (except for telephonic notices expressly permitted) shall be in writing and shall be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated . as Registered or Certified Mail, Return Receipt Requested, bearing adequate postage, or delivery by reputable private carrier such as Federal Express, Airborne, DHL or similar overnight delivery service, and addressed as hereinafter provided. Each such notice shall be effective upon being deposited as aforesaid. The time period within which a response to any such notice must be given, however, shall commence to run from the date of receipt of the notice by the addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice sent. By giving to the other party hereto at least ten (10) days' notice thereof, either party hereto shall have the right rrom time to time and at any time during the term of this Agreement to change that party's address and shall have the right to specify as that party's address any other address within the United States of America. Each notice shall be addressed to the parties at the addresses set forth above. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date fIrst above written. TENANT: CHANJf4SEN.J~ BY~; Its I~ ~ . 4 MORTGAGOR: :~~ Its ~lJit!!.P A1â.l2d~toJ; MORTGAGEE: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN By Its ;:i!t:? ~::::»:::::: :: :'~ :::. :.:. :.: STATE OF MINNESOTA ) )ss. COUNTY OF!?amse)l ) The foregoing instrument was acknowledged before me this ayof 1f1l-,2/t.sr., 1997, by lJalJip J ¡::; /Jahh'~ the· of Chanhassen Bowl, Inc., a A1 ,'n11 l!»,...7'4 corporation on behalf of the corporatio. p. 'J . . ¡'l'MJI1cen T j)~ #~;.Ø Notary Public '¿ , \, \ STATE OF MINNESOTA ) 17 )ss. COUNTY OF ¡r.'a/J1$'e,Y ) . . The foregoing instrument was acknowledged before me this Æ::1ay Of~ I.O-r . 1997by!.hnJÛr.tJA./,j/r¡ the('.1Je¡:; A1A^)l:Y ofChanVen s,LLC,a Minnesota limited liability company on behalf of the com y. @.~ OAlE B. KUTTER J NOTARY IUBtlC- MINNESOTA CA~VER COllNTY MJ__....JI.ZOOO ,¡)d6 ø!. ~~-1 Notary Public @.~ OAlE B. KUTTER J NOTARY ;>UBl.JC . MINNESOTA CA~VER COllNTY MJ""""""'..........JI.mI 5 " STATE OF MINNESOTA ) )ss. COUNTY OF ) . . ....... ..". The foregoing instrument was acknowledged before me this _ day of .:::::::;:::: :::: 1997 by the of the Economic Developmen~ Authority in and for the City of Chanhassen, a public body corporate and politic, under the law;:::~ . .. . ~. 0",.." . . of Mmnesota. ..............."; ................ Notary Public This Instrument Drafted By: LEONARD, O'BRIEN, WILFORD SPENCER & GALE, LTD. (LAW) 800 Norwest Center 55 East Fifth Street St. Paul, MN 55101 (612) 227-9505 41296_1 6 AFFIDAVIT OF SERVICE BY MAIL STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) NANETIE M. EILERS, of the City of Apple Valley, County of Dakota, State of Minnesota, being duly sworn on oath, states that on the 31st day of May, 2000, she served a fully executed copy of the attached ANSWER, COUNTER-CLAIM AND CROSS-CLAIM OF THE ECONOMIC DEVELOPMENT AUTIlORITY IN AND FOR THE CITY OF CHANHASSEN upon those interested parties on the attached service list, by U.S. Mail thereof, enclosed in an envelope, postage for first class mail prepaid, and by depositing the same at the post office in Eagan, Minnesota. ~.~ftM¿ N ette M. Eilers Subscribed and sworn to before e this 31st day Ma, 2000. . CMCILE J. HOEFT I IDII!I¥fIaIC- MINNESOTA -.......... a" 2005 . to 86800 SERVICE LIST Heritage National Bank v. Chan Ventures, et al. (Our File No. 12668/539) Attomey(s) for Plaintiff Heritage National Bank: Patrick J. Flynn Knutson, Flynn, Deans & Olsen 1155 Centre Pointe Drive, Suite 10 Mendota Heights, MN 55120 Chan Ventures, LLC 581 West 78th Street Chanhassen, MN 55317 Daniel F. Dahlin and Mary S. Dahlin 1889 Fairmont Avenue St. Paul, MN 55105 Otto Associates Engineers and Land Surveyors, Inc. 9 West Division Street Buffalo,MN 55313 Korsunsky Krank Erickson Architects, Inc. 300 First Avenue North Minneapolis, MN 55401 Chanhassen Bowl, Inc. 581 Wesi 78th Street Chanhassen, MN 55317 . 86607 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT Case Type: Other (Mortgage Foreclosure by Action) Heritage National Bank, Court File No. C9-00643 Plaintiff, vs. CERTIFICATE OF REPRESENTATION AND PARTIES Chan Ventures, LLC; Daniel F. Dahlin; Mary S. Dahlin; Geraldine P. Baden; Otto Associates Engineers and Land Surveyors, Inc.; Korsunsky Krank Erickson Architects, Inc.; Economic Development Authority in and for the City of Chanhassen; and Chanhassen Bowl, Inc., Defendants. DateCaseFiled:~ This Certificate must be filed pursuant to Rule 104 of the General Rules of Practice for the District Courts, which states: ;'A party filing a civil case shall, at the time of filing, notify the Court Administrator in writing of the name, address and telephone number of all counsel and to unrepresented parties, ifknown (see Form 104 appended to these rules). If that information is not then known to the filing party, it shall be provided to the Court Administrator in writing by the filing party within seven (7) days oflearning it. Any party impleading additional parties shall provide the same information to the Court Administrator. The Court Administrator shall, upon receipt of the completed Certificate, notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the file number assigned." 86606 86606 LIST ALL LA WYERSIPRO SE PARTIES INVOLVED IN THIS CASE. ATTORNEYS FOR: Plaintiff - Heritage National Bank Patrick J. Flynn (#3051X) Knutson, Flynn, Deans & Olsen 1155 Centre Pointe Drive, Suite 10 Mendota Heights, MN 55120 Telephone: (651) 222-2811 ATTORNEYS FOR: Defendant - Economic Development Authority in and for the City of Chanhassen John F. Kelly (#054768) Matthew J. Foli (#0257874) CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,MN 55121 Telephone: (651) 452-5000 ATTORNEYS FOR: Defendant - Pro Se Chan Ventures, LLC 581 West 78th Street Chanhassen, MN 55317 ATTORNEYS FOR: Defendant Pro Se Daniel F. Dahlin and Mary S. Dahlin 1889 Fairmont Avenue St. Paul, MN 55105 ATTORNEYS FOR: Defendant - Pro Se Geraldine D. Baden Carver County, MN ATTORNEYS FOR: Defendant - Pro Se Otto Associates Engineers and Land Surveyors, Inc. 9 West Division Street Buffalo, MN 55313 ....:.... . ATIORNEYS FOR: Defendant - Pro Se Korsunsky Krank Erickson Architects, Inc. 300 First Avenue North Minneapolis, MN 55401 ATTORNEYS FOR: Defendant - Pro Se Chanhassen Bowl, Inc. 581 West 78th Street Chanhassen, MN 55317 Dated: May 19,2000. 86606 '- \ ~~-Z' John F. Kelly (#0547 ) Matthew 1. Foli (#0257874) ATTORNEYS FOR DEFENDANT ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN to CITY OF CHANHASSEN 1 City emter Drive, PO Box 147 -;/¡all/¡Illim, Minllesota 55317 P/¡olle 612.937.1900 emera! Fax 612.937.5739 Ì/gilJmillg Fax 612.937.9152 ¡/¡Ii.. S4·t)' hlX 6/2.934.2524 n,v ll'll'II'.ci.(hill/ltûHfll,/l/I/.llS June 13, 2000 Fr. Steve Ulrich, Pastor St. Hubert Catholic Community 8201 Main Street Chanhassen, MN 55317 Dear Fr. Steve: As you recall, Fr. Larry and you met with Todd Gerhardt and I nearly a year ago, and then again about six months ago, regarding the disposition of the original St. Hubert's Church. At that time, you indicated you needed to speak with your Parish Council and/or some elders within your congregation. As I have heard nothing from you or Fr. Larry about this facility, I am writing today to try to move this process along. As Todd and 1 indicated in the meetings, I believe the City's position to be fairly clear. If the City is going to continue with its obligation of maintenance and upkeep on the property, the City desires to own the property and wishes St. Hubert Catholic Church, iffor no other reason than in the spirit of preservation, to sell the church building to the City for $1. The building will continue to need substantial capital investment to maintain it and I do not believe the City has an interest in paying much for a building that will require additional dollars to simply keep it whole. If the church does not desire to sell the building to the City for $1, the City will consider, consistent with the terms of the lease, a return of the church and all its obligations to your parish. Our present position is untenable and not one in which we wish to maintain over the long term. Again, 1 would appreciate a response pursuant to our previous discussions and to · this letter. Scott A. Botcher City Manager c: Mayor and City Council Todd Gerhardt, Assistant City Manager g: \user\scotl b \ul rich, doc & Associates, Inc. tel: 763-541-4800 fax: 763-541-1700 B.A. Mjttelstead~ P.E. Bret A. Weiss, P.E. Peter R. Willenbring, P.E. Dooald W, Sterna. P.E, Ronald B. Bray. P.E. 8441 Wayzata Boulevard, Suite 350 Minneapolis, MN 55426 June 13, 2000 Mr. Scott Botcher, P.E. City Manager City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, Minnesota 55317 Re: Crestview Circle City Improvement Project No. 00-05 WSB Project No. 1240-001 Dear Mr. Botcher: I would like to take this time to express my apologies for arriving late at the City Council meeting last night for the presentation on the Feasibility Study for Crestview Circle. This was clearly not intentional. I feel some explanation is warranted, I had a family emergency come up that I had to resolve that resulted me in being about 15 minutes late to your Council meeting. When I realized that I was going to be late, I was hoping that the preliminary City Council business would delay the Public Hearing on Crestview Circle enough for me to still arrive in time to make the presentation. Unfortunately, that was not the case. Once again, please accept my sincere apologies and this is certainly not the way WSB & Associates conducts business. It was an unfortunate incident and I ask for your understanding in this matter. Please pass my regrets and apologies on to your City Council members. If you wish to discuss this matter further, please don't hesitate to contact me at (763) 277-5795. Thank you, Sincerely, . WSB&~ 4- r_) ~ David E. Hutton, P.E. Project Manager cc: City Council Members Teresa Burgess, Public Works Director/City Engineer F.\WPW[N\1240_00I\0606OOtb Minneapolis' St. Cloud Infrastructure Engineers Planners EOUAL OPPORTUNITY EMPLOYER CITY OF CHANHASSEN ;90 City Center Drive, PO Box 147 Chanha¡¡en, MinnfSota 55317 Phon, 612,937.1900 Gmera1 Fax 612.937.5739 Engineering Fax 612.937.9152 Pnblic Sa¡;'ty Fax 612.934.2524 H''ebll'll'll'.ci,r/;tll1lwsl'I1,1I11I,II.r rf.. r:... ~l'rL..'. <..... A_ MEMORANDUM TO: Mayor City Council Scott A. Botcher, City Manager <&ß FROM: DATE: June 13, 2000 SUBJ: Fire Department Compensation Analysis What follows is a sheet summarizing the total aggregate compensation by jurisdiction (after years of service) as compiled by DCA in cooperation with the Chanhassen Fire Department and City staff. If you recall, both the City and Fire Relief Association commissioned an analysis of compensation in order to get a better feel for where we stood in comparison to our neighbors. I will not recite to you what is on this spreadsheet; however, in summary, Chanhassen generally ranks third out of nine cities in terms of total aggregate compensation provided to its firefighters. Frankly, this about where I thought we would fall once we included the dollar per hour call per volunteer identified as the deferred compensation plan (other analyses have not included all compensation provided to the firefighters). 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E :> U> U> .. 01 £.....:..(1) ,.,0 c: .c I.{) .Q <l>õí " "'- ~ co ~ .!!æ m m ::ã_U .!!! c: U> :> Em .i! .~ ::¡- Ð ã) ~ " ~ :> <1>-_ £oæ ..... c:nQ)"': c: '" :.¡:; co Q) ~gë >"C..:! Q) .- 0 U> tV > :> a. ~ U) û) ~ c: I!! ~$~ 01 c: "3 .- êü u?f!. ~ mLO-r- U .,. I c: o ïñ c: a. co o ¿ ,º Õ 'õ U> 'co .~ I a. E o U " I!! ~ oS! o Jun 16 2BBB 16:32:39 Via Fax AMM FAX NEWS June 12-16, 2000 -) --_.._~ 612 937 5739 Scott Botcher CC·GVV'~ ~ \ ---- Page BBt Of BBt , ~. o_ n i..J '/1 ./ :\ ;';" ' Association of Metropolitan Municipalities Council unveils 'Smart Growth-Twin Cities' Metropolitan Council Chair Ted Mondale unveiled a new Council effort this week: "Smart Growth-Twin Cities." This effort is a community-based approach to implementing the Regional Blue- print and comprehensive plans. The planning effort, which will be funded in part with a $250,000 grant from the McKnight Foundation, will consist of the following three components: · Establishing baseline data to determine how local comprehensive plans are achieving Blueprint goals and discuss the findings. · Define sub-regions and exam- ine how to better integrate land use with existing and planned transpor- tation investments. · Identify four opportunity sites of 20-100 acres to demonstrate development that is walkable and mixed use. The Met Council staff will prima- rily be responsible for the first component which Is scheduled to begin in July and be completed by June 2001. The sub-regional studies will be completed by staff and consultants. Calthorpe and Associates will be retained by the Met Council to assist in the sub-regional planning. The planning will include work- shops to help develop a land use strategy around current and planned improvements. The opportunity site analysis will be lead by the Calthorpe firm and will include market studies, public infrastructure assessment and master plan development, Including visual presentations and design standards. The Met Council anticipates that the process will Identify new devel- opment strategies and possible Blueprint modifications. The revi- sions would be made In a limely manner, so they cou Id be incorpo- rated in the next submission of comprehensive plans due In 2008. The Met Council is scheduled to review the proposed budget and work program at its June 21 meet- ing. Within the next few weeks the Met Council will Inform cities by letter of the program including the guidelines and deadlines for the opportunity site component. An Aug. 15 deadline was discussed. If you have any queslions or need addllional information please contact Bob Mazanec (651-602-1330) at the Met Council. Committee debates wastewater rates, capital finance plt¡n The Met Council's environment committee reviewed the pro- posed capital finance plan. The plan proposes to fund the capital Improvements budget through a combination of bond AMM N'MJ.f: FiI'r is/fiXed to Ill[ AMM city m",.tlgers flnd lldmin;s,rttlors, legis/((ive con/flels (md BOQrd members. Pleð$e shllre this ¡(IX rvilh ytJûr MIl)'Ors, cOIIncilmembers Ilnd SIalf 10 keep them tlbreflst 0/ imþor~ "lnl metro city iSsuts. 145 Universil)' Ávenue We$l' S,. Pa"l, MN 55103-2044 Phone: (651) 215-4000 FtlX: t651) 281-1299 E-m4i/: Ilmm@Þ.mm145.org proceeds and user charges. The plan also proposes to study the feasibility of using a portion of the Sewer Availability Charge (SAC) to pay the reserve capacity portion of capital costs. The use of the SAC to decrease debt would as proposed by Met Council staff: · Reduce debl and debt service. · Be favorably reviewed by the rating agencies. · Increase the percentage of debt at low rates. The staff also indicated thai the proposal has certain disadvan- tages including: · Decreased investment. · Decreased options for future use of funds. · Administrative complexity. · Possible Increase in the SAC rate in the near term followed by lower rates. The use of SAC would require approximately $39.0 million In SAC reserve balance over six years. The committee took no action and will continue working on the finance plan. If you have any comments call Jason Willett (651-602-1196) at lhe Met Council. City of Chanhassen, Minnesota Timeline for Processing Request for a Cable Television Franchise --Subject to change in City's sole discretion- June 12. 2000 licants. June 22 & 29, 2000 City publishes Notice of Intent to Franchise once each week for two (2) successive weeks in local newspaper (Notice also mailed directly to Mediacom, WOW, Everest, Seren and other a licants July 12. 2000 Closing date for submission of Applications (must be at least 20 days from date of first ublication Jul Consideration of Franchise A lication Jul 24, 2000 Cit meets to call Public Hearin Au st 3. 2000 Cit ublishes Notice of Public Hearin - 10 to 14 da s before conduct of hear in B Au ust 7. 2000 Pre ualifications of A licants August 14, 2000 City Council meets to consider Applicant's qualifications and Moss & Barnett re or! - issue recommendation to Ci \ August 14,2000J City conducts Public Hearing regarding Franchise Applications - considers resolution re ardin ualifications. August 28, 2000 City Council considers award of Franchise to successful applicant(s) - must be!!! least 7 da s after Public Hearin - no time limit on when action must be take . Late September 2000 Successful applicants accept franchise document and submit required closing documentation - icall within 30 da s of ant of franchise g:\user\scottb\cable time line.doc 334982/1 I ~ Metropolitan Council ~ Working for the Region, Planning for the Future June 9, 2000 RfCBVED JUN 1 4 2000 cnv OF CHANHA:)::ìt.l. TODD GERHARDT, ACTING CITY MANAGER CITY OF CHANHASSEN 690 CITY CENTER DRIVE CHANHASSEN, MN 55317 Dear MR GERHARDT: The Metropolitan Council research staff has prepared a preliminary population and household estimate as of April 1, 1999 for your community. Enclosed for your review is a 1998 worksheet which includes 1990 Census background data. The estimates are used by the Council to monitor population and household change throughout the region. We strive to provide accurate estimates that treat municipalities consistently. Questions concerning how the estimates are determined should be directed to me at (612) 602- 1332 or bye-mail atkathv.iohnson(Õ)metc.state.mn.us. No reply from you is necessary. If you have comments regarding the estimates please submit them to me in writing. This will ensure that issues are addressed in a timely manner. The Department of Revenue requests finalized estimates from us by late June for use in their local aid and other formulas. To comply, we need to hear from you by June 21, 2000. Thank you for your prompt attention to this matter. Sincerely, 11t:¡tt-rfrLA~ Kathy Johnson Community Development Division , Enclosure 230 East Fifth Street St. Paul, Minnesota 55101·1626 1651) 602-1000 Fax 602-1550 TDD/TIY 291-0904 Metro Info Line 602-1888 Metropolitan Council Provisional Population Estimate April 1, 1999 CHANHASSEN Housina Units 1990 Census 1999 Estimated 1999 Estimattld Occupied Housing By Type Housing Units Completed Housing Units Houseþo!c;Is,/ Single-family 3,322 5,225 5,084 Multifamily (inc!. town homes) 925 1,588 1,455 Mobile Home 2 2 2 Total 4,249' 6,815 6,541 Househald Estimate 1990 Census Households 4,016 1999 Household Estimate 6,541 Population Estimate 1990 Census Total Population 11,732 1990 Group Quarters Population 16 1990 Population in Households 11,716 1999 Population Estimate 18,772 1999 Group Quarters Population 12 1999 Population in Households 1.1!.760 Persons per Household. 1990 Census Persons per Household 2.92 1999 Persons per Household 2.86 All numbers are as of April 1 of each year. 'This total includes 20 unit(s) listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans, Since no information on "other" units is available between censuses, for purposes of 1999 population and household estimation, these units have been allocated to the single and multiple family categories, This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiclion lone 612.473.1231 IX 612.473.7401 35 East Wayzata Boulevard 'ayzata, Minnesota 55391 ,lderl'Ct'r:\t'r.o 0001413 ~ ~ Your Nellhbootoood _ RECEIVED JUN 1 9 2000 June 16,2000 CITY OF CHANHASSEN Ms. Kate Aanenson Chanhassen Community Development Dir. 690 City Center Drive, PO Box 147 Chanhassen, MN 55317 Dear Kate: Although expected, your letter of June 7, 2000, is nonetheless disturbing. Lundgren Bros. has always prided itself on being a little more conscientious than its competitor developer-builders. While I admit that we are aggressive in selling, I do not believe that the situation which occurred on the 6th Addition lot to which you refer is typical. The buyers desperately wanted that lot and that plan, and the fact that it seemed attainable clouded the judgement of some of our people. I expect that that incident will not be repeated, although we still have challenging lots to deal with. We have been reviewing the remaining lots to see howwe can best utilize them to minimize lot coverage conflicts. A couple of things, Kate, that you might consider: You remember, I am sure, that the design of Springfield was approved in 1993, but development of the project awaited sewer and water rrom the Lyman Boulevard improvement project. In the interim, home buyers came to better appreciate Chanhassen as a residential community and houses became larger and more expensive. Would we be discussing these lot coverage issues if the Springfield project had conunenced in 1994 or 1995? Consider also this: When Lundgren Bros. proposed the PUD, its preliminary plat was designed with a street right-of-way width of 50 feet. Public Works or ' , Engineering resisted this proposal, but, if my memory serves, the City C;otmciJ left it on the table as an open issue. Ultimately, the preliminary condition was re- worded to require 60-foot wide right-of-way. How severe would our lot coverage issue be today if every lot in the PUD had had an additional 450 square feet? Very Truly Yours, LUNDGREN BROS. CONSTRUCTION, INC. ~7!Vdzwf t;. ~ MIChael A. Pflaum Mon Mon Mon Tues Tues Tues Tues Tues Weds Weds Fri Sat Sun Sun June 1210:57 AM June 1211:50 AM June 122:22 PM June 13 6:49 AM June 137:17 AM June 13 5:44 PM June 13 8:25 PM June 13 11 :45 PM June 148:31 AM June 1412:06 PM June 16 11 :55 PM June 172:36 AM June 189:50 AM June 188:50 PM CHANHASSEN FIRE DEPARTMENT FIRElRESCUE WEEK OF JUNE 12, - JUNE 18,2000 Park Road Highway 101 & Creekwood Bluff Creek Drive Galpin Boulevard Market Boulevard Chan View West 79th Street Pauly Drive Kerber Boulevard & Bighorn Drive Chanhassen Road Saddlebrook Pass Kimberly Drive CoRd17&CoRd18 Carver Beach Road Medical- person fell Natural gas leak Medical- unresponsive person Medical- unresponsive person Fire alarm - false alarm, no fIre Medical- unknown problem Medical- trouble breathing Medical- car/pedestrian accident Bicycle accident Fire alarm - false alarm, no fire Medical- possible heart attack Medical alarm - cancelled enroute Motorcycle accident Chemical smell to , CITY OF CHANHASSEN 90 City Cmter Drill(, PO Box 147 ChalÌhaßm, Minnesota 55317 Phon, 612.937.1900 Gmeral Fax 612,937.5739 fligilimilig Fax 612.937.9152 "J/bli,SaÞ0 F.¡X 612.934.2524 Ui>b Il'II'l/p.ci,chlll!;¡wm,/J/I/,IIJ· June 20, 2000 Mr. Michael Ryan 2595 Southern Court Chanhassen, MN 55317 Dear Mr. Ryan: Thank you for your letter received May 24, 2000. I am pleased to have this opportunity to discuss a number of the issues you raise in your letter. You asked how I plan to represent Chanhassen's interests with my membership on the Metropolitan Mayors Regional Housing Task Force sponsored by the Metropolitan Council. As I do in other situations where I represent the City of Chanhassen, I will represent the City by being at the meetings and speaking out in what I believe to be in the best interests of the City of Chanhassen. - Participation with and on committees and organizations such as this is a primary way of ensuring that the positions of our community are heard and implemented, I am fully aware that my responsibilities are to represent the best interests of Chanhassen. As you are aware, the task force has had a single introductory meeting pertaining to the mission statement of the group and review of the draft work plan. In addition, we were addressed by Governor Jesse Ventura, Metropolitan Council Chair Ted Mondale, and Katherine Hadley, the Commissioner of the Minnesota Housing Financing Agency. As you may recall, earlier this year, Ms. Hadley gave a public presentation at the Chanhassen Recreation Center entitled, "Affordable Housing in the Metropolitan Area: The Problem, The Programs, The Strategies." You asked me to state my position . . and objectives with this Task Force, and you asked what potential impact it may ~ have on our City. At the current time, I cannot take a position because I do not know what Metropolitan Council staff members may propose to the group for our consideration. Additionally, it is impossible for me to estimate what potential impact "this" may have on our City. I am participating strictly and solely with the single-mindedness of representing the City of Chanhassen and Chanhassen's interests. Without participation from the City of Chanhassen, there is a risk that this organization, which is in a position to make legislative recommendations for 2001, may do so without hearing the voice of the City of Chanhassen. Focusing on broader policy issues, the City Council has endorsed and signed on to the Livable Communities Act. As Mayor, I support the creation of life cycle housing throughout our community. We, as a community, have given much Mr. Michael Ryan June 20, 2000 Page 2 thought and discussion on this topic and have stated our commitment to lifecycle housing in our City's Comprehensive Plan (Chapter 2, Housing). This does not mean that the creation oflifecycle housing stands above all else, as analysis, economics, land use issues, et ai, are all critical to Chanhassen. However, I do agree with the community's stated position that lifecycle housing is important and our community can benefit. I disagree with your statement that, "The task force appears to short circuit 'this process' and goes over the head of your fellow Council members and citizens of Chanhassen." Quite to the contrary, I am not seated on this body speaking for myself. 1 am speaking for the City of Chanhassen. I am its duly elected Mayor and am able to represent positions of the community and of the City Council on a wide range of issues that mayor may not be mine. You appear to have some fundamental concerns about the existence of the Metropolitan Council in general; that as an un-elected, appointed body controlling a large amount of tax dollars, you feel you have little or no input in the initiatives undertaken by the Metropolitan Council. You are certainly entitled to that opinion, and a number of citizens probably would agree with you. However, the argument as it relates to the basic tenor of the Metropolitan Council is not with the City ofChanhassen, the City Council, or even with me as the Mayor. Your concerns about authority of the Metropolitan Council, and the influence it may ha\<c, is with the State Legislature. The Metropolitan Council is a creature of the State Legislature and has remained so since its creation. You may want to discuss your concerns with our two state representatives: Senator Ed Oliver (Home: 952-474-1399 or State Office: 651-296-4837) or Representative Tom Workman (Home: 952-934-0343 or State Office: 651-296-5066). Beyond that, if you are dissatisfied with the direction of the Metropolitan Council but believe in its basic existence, then your concern would be better directed toward the Governor who, by law, appoints the membership of the Metropolitan Council. . . . Finally, the Metropolitan Council would still need to successfully secure legislation for any position that it takes, and in having to do so, allows for the full and public discussion of its proposed initiatives during a legislative session in St. Paul. Whatever initiatives the Metropolitan Council may wish to bring forth would be fully scrutinized and discussed by individuals on all sides of any particular issue. You can avail yourself of the opportunity to participate in these legislative discussions or correspondence with our state elected officials. You may also elect to contact Jules Smith (Home, Chaska: 952-443-2430) who is a Mr. Michael Ryan June 20, 2000 Page 3 member of the Metropolitan Council and represents District 4 (Lakeville, Eden Prairie, Carver County, and most of Scott County). During my tenure on this task force, 1 will do my best to continue to report back to the Council on the activities of the task force. There certainly is a possibility that the task force may assume positions contrary to those of the City of Chanhassen. It is also possible the task force may take positions contrary to positions of other cities involved, but consistent with the positions of the City of Chanhassen. The workings of regionalism, which is what we in the State of Minnesota, and the Twin Cities in particular, have undertaken and have largely been successful with over the last 30 years, necessitates this be the case. All of us who serve in local government understand that we mayor may not always "get our way," but we can do our best to represent what we believe the interests are of our constituents. Only through participation is this possible. This is what I intend to do. Sincerely, êM<--UCj'k. } I (C0U~ Nancy K, Mancino Mayor NKM::k c: Chanhassen City Council Chanhassen Villager i . g :\user\scottb\ryan. doc CITY OF CHANHASSEN 690 City Ctnttr Drive, PO Box 147 Chanhl1JJtn, Minnesota 55317 Phone 612.937.1900 General F/IX 612.937.5739 Engineering Fax 612.937.9152 Pllblic Sofe~' Fax 612.934.2524 1réb UJU'IMi,c!Jfl1lIJllSsm,ml1,lIs TI."r:..."i'rJ....'.... A~. MEMORANDUM TO: Mayor City Council Scott A. Botcher, City Manager c~ June 20, 2000 FROM: DATE: SUBJ: Highway 101 Valuations Following a conversation I held today with the Assessor, she forwarded copies of the documentation given to you at the Board of Review hearing. I have enclosed this analysis for your review. Any questions about the data included should be directed to Angie at the County Assessor's Office. Her phone number is 36/-1960, Thank you. . ',/ I I' ,.. , . /- I , .690 CiIJ Cmlt/' D,iv<, PO Bo:< 147 ClutnhllJ'lII, MinnfSDfI. 55317 CITY OF . Phønl: 612,9;7,1900, &/, 112 CHANUAl1SEN Fax: 612.937.57;9 ßli¡) E'/NIik IbD/th"(hj,çhanhfllltn,,",,,., SCOTT A. B(f['CJ{ER 0IJ Manag" MEMO:· DATE: 5/3/2000 CHANHASSEN BOARD OF REVIEW TO: FROM: STEVEN CLAY CARVER COUNTY ASSESSING DEPT. HIGHWAY 101 IMP ACT ON MARKET VALVES RE: The first group of appeal for the Board of Review are for properties with abut Highway 101 and are being appealed do to the perceived market value impact of the pending highway project. . I have identified 4 properties which have sold in, the past 2 years that abut 101 and compared them with similar sold properties that were sited on lots not abutting 101. After adjusting for differences and times of sale, a percentage factor was extracted which represents the impact of their proximity to 101. . We can review this data, and other information at the beginning of the meeting and hopefully come to an agreement on an equitable adjustment to market values for the appealed properties. . . Highway 101 analysis Near Mountain Colonial Grove Sublect 1 Subject 2 SubJect 3 Sublect 4 adjusted sale $ 174600 166600 200500 198800 mean reconcllea value 177100 difference 6000 10500 38600 33800 % difference 3.32% 5.93% 16.14% 14.53% mean % diff. 9.98% to . · . · .' · .. .~. "F' .' - _ "' ¡¡.. :,", ,;, ~ "'I! . oi.i ¡;~~~~~l~fr: .;~~ ~ =1;;'1;,;""" '", œ .... ~':~~'~; , "':>1: .~ n .. ;¡···.~¡,i .!.;-~ . ¡;3 8 ~~ .,- "W . " II r I ¡ t '"." ,,:: ,........... .. ~. 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S t~~~ ¡ ".~¡~, i~ .~~~ b .'~ .. ~I~ ¡ fir ~i ~!~~. r .. ~ i I Ii ;j¡~~ J~I .~~¿~: := æ' e .~¡: !i]i ~::!: i ¡;;:!i11 ~..: r:: æd' !!¡¡.l ![I ¡r.: '"" I,''',¡ii E :~,. . "" ¡ I ., .. .... .~:II - r.:, , ~¡ rille= ~rf.~!! ~~ ~,,: ¡ .-" ë "';" . ¡ ~ . """ ~~=! ~~¡=. ¡!~T: !~:r.~. ~ ~~:: .. .. r ,I ~ ;'" ~ ¡ ::, ~ :~~ i:'~~ ......0:. "'::11: ¡¡~¡~¡:! ,.. ::.! =~::. ~ ","'" <of¡ w ~o ,. !! ~ ~ - t- III OJ ~ ~:::! i ~ QL Q i~J1:; ~~r¡1] llj" I¡¡f¡i;¡!: I"}~~ ~ ,; " ' i I"": ~!~' ru!~ r.:m" "':,,,, ~!=4' "" i!~" f: ~. .~, I. ...,. ".." I~~' ... ,.,,,'" ;æ,> '",!f, ,. ~ o. r: . ~ iu u:r:::~ ridil 'I!:II · .., . SUBJECT 3 õ ~ ~ ~ SUBJECT 4 ~ I _' Agenda Library Task Force Monday June 26, 2000, 7:00p.m. Courtyard Conference Room City Hall, 690 City Center Drive I. Introduction 2. Roles: a. City Council b. Task Force . Mission Statement c. Friends of the Library d. Carver County Library e. Consultant . Needs Assessment Study 3. Time Line: a. Referendum Date: September 12,2000 b. Task Force deadline for input to the Friends of the Library (mid-July) . ," 4. Future Meeting Dates: a. Next meeting July 5th g:\p Ian \ka\1 ibraryt.agd. doc Chair Ex-Officio Student Member Park & Recreation Commission Senior Commission Friends of the Library Chamber of Commerce Citizens at Large Library Task Force Kate Aanenson Community Development Director City of Chanhassen 937-1900ext.118 kaanenson@ci,chanhassen.mn.us Melissa Brechon Carver County Library Director 4 City Hall Plaza Chaska, MN 55318 448-9395 mbrechon@co.carver.mn,us Megan Orr, School District 276 6520 Quail Crossing Chanhassen, MN 55317 934-2731 Fred Berg 6910 Chaparral Lane Chanhassen, MN 55317 474-8394 PeDsi I I 972fa!AOL.com Jean Mancini 820 Santa Vera Drive Chanhassen, MN 55317 474-6811 , '. Lois Fiskness 8033 Cheyenne Ave. Chanhassen, MN 55317 934-5581 Nancy Lipinski 8690 Flamingo Drive Chanhassen, MN 55317 361-3131 Jeff Kremer 7701 Nicholas Way Chanhassen, MN 55317 474-7144 Hadley Lavanger 6790 Bruce Circle Chanhassen, MN 55317 937-2554 Jill Shipley 26] Eastwood Court Chanhassen, MN 55317 496-3526 ~ . Linda Landsman 7329 Frontier Trail Chanhassen, MN 55317 906-0636 Elaine Sievers 949] Foxford Road Chanhassen, MN 55317 445-4665