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Administrative Section / 4~ l:-d- CITY OFee ,A/~ CHAHHASSEN M.~~ o. 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager Jim McMahon, Fire Chief FROM: Scott Harr, Public Safety Director ~r DATE: April 22, 1997 SUBJ: Fire Department Financial Issues In response to the state audit comments pertaining to Carver County, we have sought to review fire department matters. We specifically sought to check the status of their checking account, and discussions led us to also review matters involving rental of the fire station; rental of the pop machine; and, donations to the fire department. Attached please find letters from the city attorney's office and the CPA firm. In brief, following are the answers to our questions: 1. The checking account is in compliance with law, with the one modification of the account name having been corrected. This account will be included in the general fund of the firefighters' relief association, and subject to year-end audit and reporting processes. 2. The fire department should continue to pay rental for the pop machine at the fire station if they maintain the proceeds. 3. Any rental fee for the use of the upstairs kitchen/lounge area should be paid into the city's general fund, as it involves the rental of the city owned property. 4. Clarification was made by the CPA of what donations to the fire department may be deductible, and what statements are required. SH:cd pc: Bob Moore, 1 sl Assistant Chief Richard Wing, 2nd Assistant Chief Mark Littfin, Fire Marshal g:\safety\sh\fdaudit ADMINISTRA TNE SECTION Memo from Scott Harr dated April 22, 1997. Memo from Scott Harr dated May 13, 1997. Article from Southwest Metro Transit dated May 1997. Letter from School District # 112 dated May 8, 1997. Letter from Southwest Corridor Transportation Coalition dated May 9, 1997. Memo from Patrick Melvin dated May 12, 1997. Notice of Appeal Re: John Fisher dated May 1, 1997. Memo from Scott Harr dated May 6, 1997. Letter to Dave Parrott dated May 7, 1997. 1997 City Council Work Sessions Schedule. June 1997 Meeting Schedule. CITY OF CHAHHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM FROM: Mayor & City Council Public Safety Commission Don Ashworth, City Manager l-:;:(} Scott Harr, Public Safety Director QJ V TO: DATE: May 13, 1997 SUBJ: WEATHER WARNING & EMERGENCY MANAGEMENT IN CHANHASSEN As the '97 flood situation lessens, severe weather season is upon us! I am confident in the potential of our emergency management plan, and particularly with the agencies and professionals who have specific roles to play in our emergency service delivery system. Permit me to make the following inquiries regarding Chanhassen emergency management: DO YOU KNOW: . The Public Safety Director is the Emergency Management Director for the City. . We have a statutorily mandated plan for addressing hazardous material facilities incidents (Sara Title III). . That I sit on the State of Minnesota's Department of Emergency Management Region #7 Review Committee, which has the responsibility of reviewing metro cities' emergency plans. . That each of our 20 public safety employees have specific duties to assume in the event of an emergency or disaster, including: * public information officers * evacuation * access control to affected areas * EOC (emergency operation center) * communications * other city employees & department heads have also been assigned certain roles Mayor & City Council Public Safety Commission Don Ashworth, City Manager May 13, 1997 Page 2 . That we have specifically selected our public safety vehicle fleet to serve not only their regular duties, but also those necessary during an emergency or disaster; for example, 4-wheel drives; sedans, vans; some marked vehicles with lights & siren; some unmarked, but with backup sirens & lights; and all equipped with appropriate equipment & supplies. . That, voluntarily, a number of the public safety staff are attending the state's emergency management courses. . That Scott & Bob Zydowsky recently completed the 220+ hour course series to become certified as emergency managers pursuant to FEMA requirements. . That Beth's duties as Public Safety Education Coordinator include providing education to the community regarding emergency and disaster preparedness. . That Public Safety sponsors an annual staff seminar on weather awareness during Tornado Awareness Week. . That we have an in-house procedure for weather alerts & warnings. . That our fire personnel respond to strategic points during severe weather to serve as weather "spotters". . That Public Safety has an in-house "emergency management board" made up of 7 Public Safety personnel and representatives from other city departments that meet every other week to discuss issues pertaining to emergencies. . That Public Safety is represented at the monthly Metropolitan Emergency Managers Association meetings in order to meet with other local, county and state officials. . That Chanhassen is a member of the association of Minnesota Emergency Managers Association - which, by the way, presented The Villager newspaper with the prestigious award for most effectively working with a municipality regarding emergency issues. . That Chanhassen meets with the Southwest Metro Area Emergency Managers to develop mutual aid relationships, etc. . That Chanhassen has been held up as an example of incorporating post-disaster building inspection services into our overall plan, which is unique, but gaining popularity. We have sent representatives of the department to special training for this. Not only do these services permit people to know whether it is safe to return to buildings, but help in the financial record keeping for governmental reimbursements. Mayor & City Council Public Safety Commission Don Ashworth, City Manager May 13, 1997 Page 3 . That we have a specific plan & prepared personnel to track financial expenditures in order to acquire governmental reimbursement. . That Chanhassen offered top-of-the-Iine weather alert radios at cost several years ago as an alternative to outdoor warning sirens - and 300 businesses and/or homes acquired them from us. . That Chanhassen repeatedly offers to be a test site for technological advancements in personal weather alert systems (however, this technology has not developed as rapidly as anticipated). . That Chanhassen only has one outdoor warning siren located at the main fire station downtown. . That we continue to receive calls from residents & businesses advising us that "their neighborhood siren did not go off', when in fact, they don't have one... . That the entire city could be covered by the latest radio controlled/battery backup technology in outdoor warning sirens for around $125,000.00 Obviously, there are two points I wish to make. First, as the city we do a great deal to provide high quality emergency & disaster response services. And we have a responsibility to provide all elements of disaster preparedness, including the warning component. Outdoor warning systems remain a viable component in the overall warning system in a city, and so it remains important that we continue to assess the viability of acquiring sirens. SH:cd g :\safety\sh\ weather2 J- 1 'I _c- i S L: _ SOUTHWEST METRO TRANSIT VOLUME 4, NO.2 COMMISSION ARTICULA TOR May 1997 FARE INCREASES PROPOSED FOR TELEBUS Southwest Metro Transit Commission (SMTC) is proposing fare increases for Telebus (dial-a-ride) bus service effective June 16, 1997. The proposed fare increase is in response to rising costs for providing Telebus service and will coincide with other service changes slated for June. Telebus is a curb-to-curb service that operates within the boundaries of Chanhassen, Chaska, and Eden Prairie. It is designed to provide transit for our communities that have low population densities over a wide area of land; therefore, ridership is lower than traditional fixed-route service such as commuter service from park and ride lots to downtown Minneapolis. The proposal is to increase adult cash fares from $2.00 to $2.50 per ride while discounted rides will rise from $1.35 to $2.25. Fares for seniors and children under five will increase from $0.75 per ride to $1.50, $2.25, or $2.50, depending on when they ride and method 0 f payment. There are a number of reasons to proceed with a fare increase at this time: 1. Since 1994, SMTC costs for providing Telebus service have increased from $24 per hour to $37.50 per hour. 2. Some customers pay as little as 5% of the total costfor providing the service. 3. The proposed fare is comparable to other suburban dial-a-ride services offered in Plymouth, Maple Grove, and Anoka County. 4. The proposed fare increase will be the first since 1993. That year, there was a 5q increase in the adult discounted fare, no other dial-a-ride fares increased. SMTC is aware that raising the fare is only part of the answer; we need to design a more cost efficient bus service. That's why the agency will introduce new circulator routes in the three communities as a low cost alternative to Telebus. SMTC staff will present and seek approval of the fare increase before the Commission on May 22. If you have any questions or comments about the proposed fare increase please contact Len Simich or Chuck Snyder at 934-7928. LETTER FROM LEN SIMICH EXECUTIVE DIRECTOR OF SMTC It is my pleasure to introduce myself as the new Executive Director for Southwest Metro Transit. I bring to this position over thirteen years of experience in the transportation field. During that time, I have had the good fortune to be involved in all areas of public transportation including administration, planning, marketing and operations. Most recently I served as the Director of Metropolitan Planning for the Arrowhead Regional Development Commission, the Metropolitan Planning Organization for the Duluth/Superior metropolitan region. Prior to that, I held the position of Senior Project Manager for the Metropolitan Council's Regional Transit Board where I was in charge of overseeing all the regular route transit programs operating in the Twin Cities including the opt-out replacement programs such as Southwest Metro Transit. I look to the future with optimism and excitement for Southwest Metro and transit in general. Our agency will experience as much change in the next couple of years as it experienced in the first eleven. We will not, however, lose sight of our fundamental objective to move customers conveniently, safely, and economically. This objective has many challenges, but must ultimately be met if we are to provide transportation options to achieve a higher quality of life for the people in the southwest communities. Transit is an important component of a total transportation system, which is critical to our area and to the region's basic mobility, economic growth, and competitiveness. Over the next couple of months, Southwest Metro staff will be developing strategies to help maintain our vital rol~ ?y maximiz.ing service efficiency as well as remammg responsIve to our customers' needs. The future for Southwest Metro Transit looks very good. It will be my great challenge to e~sure ~at in the months ahead, Southwest Metro TranSit contmues to advance our communities' transit agenda. NEW BUS ROUTES BEGIN JUNE 16 lthwest Metro Transit will introduce four new local :ulator routes starting on June 16. Two of the tes will connect the communities of Chanhassen, lSka and Eden Prairie. These routes will provide rice' to neighborhoo~s, park & rides, c.o~m uni ty ters, and businesses In the three commumties. :re will also be two circulator routes that will vide service in Eden Prairie. These routes will re local neighborhoods and Eden Prairie Center. '1eftts of the new bus service: . Increased service hours . No reservations required · Improved route connections for 53R customers -- most customers will no longer have to call for reservations · Improved access to Telebus · Additional service for people who live and work in Chanhassen, Chaska, and Eden Prairie ---- · Improved route connections ~th bus~s leaving for downtown Mmneapohs, Southdale, and Mall of America Ik for detailed information on these routes in the oming weeks. FREE BUS RIDES FOR B-BOP DA Y re will be free rides on all SMTC routes on 1nesday, May 21, to celebrate Bus, Bike, or Pool gOP) day. B-BOP is a state-wide event designed to clUrage people to try alternative forms 0 f sportation other than driving alone. c with your family, friends, neighbors, and co- kers and ask them to B-BOP to work or school on (21. CUSTOMER SA TISFACTION SURVEY thwest Metro Transit will survey its customers in next month to measure their satisfaction with our 'ice. Customers will be asked to rate SMTC on driver safety, on-time performance, vehicle safety, vehicle comfon, and customer service. SMTC will continue to survey the customers each year. Over time, the agency will be able to determine where it excels and where it can improve in its services. SUPERVALU LOOKS FOR TRANSPORTATION AL TERNA TIVES Road congestion and parking availability are increasing problems for local businesses, just ask people working at the SuperValu headquaners in Eden Prairie. Mike Wright, the CEO for SuperValu contacted the City of Eden Prairie looking for solutions. City representatives put SuperValu in touch with Metro Commuter Services and Southwest Metro Transit. The two agencies are working with SuperValu to find transponation alternatives for SuperValu employees other than driving alone. This includes carpools, vanpools, transit, and biking to work. Toward that end, Southwest Metro and Metro Commuter Services panicipated in Commuter Fairs held at SuperValu's three offices in Eden Prairie, reaching nearly 2.000 employees. Interest from the SuperValu employees was high. Look for an update in future issues of the Aniculator. GUARANTEED RIDE HOME PROGRAM UPDATE Over 100 SMTC customers have registered for the Regional Guaranteed Ride Home Program. Each person who registers receives two coupons each good for a free ride home by bus or up to $20 per coupon toward cab fare. The program is designed to guarantee a ride home for customers in case 0 f emergency. If you have any questions or comments, please contact John Kragness of Southwest Metro at 934- 7928. Southwest Metro Transit Commission is a Joint Powers Agreement between the cities of Chanhassen, Chaska, and Eden Prairie /4 t'\ f \. R."" , ":I..... \ ~, . ,,,- ee -' #~p - ~ LJ7 Office of Administration Independent School District 112 110600 Village Road Chaska, Minnesota 55318 612/368-3620 School District 112 May 8, 1997 Chanhassen City Council 690 Coulter Drive Chanhassen, MN 55317 Dear Chanhassen City Council Members: For the past three years, District 112 and the City of Chanhassen have been working towards formalizing the agreement by which the City would direct a portion of Tax Increment Funds to the District. These efforts culminated with action taken at the April 24th School Board meeting and earlier action by the City. This action is a result of the ongoing joint efforts of District 112, each ofits cities (Carver, Chanhassen, Chaska and Victoria) and Carver County to plan together with the goal of stabilizing local property taxes. The members of the District 112 School Board would like to sincerely thank the City of Chanhassen council members and administration (past and present) who have been a part of this remarkable joint effort. Agreements such as this are nearly without precedent in the State of Minnesota, Weare proud to serve communities such as Chanhassen which are so genuinely interested in seeing that the needs of educating our youth are well served. With sincere thanks, ~~r!J~ Charles Lawler ~~~ Mary Welch _~~1# ~i~ Independent School District 112 School Board Serving the communities of eastern Carver County through equal opportunity in employment and education. ~oI /V\. S-J ee -~~ SOUTHWEST CORRIDOR TRANSPORT A nON COALITION 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 '" _7 All Coalition Members BY FAX AND MAIL And all Chaska City Council Members Fred Corrigan (659-0804) has just advised me that the State Senate has now passed House File 243. House File 243 is the conference committee's report relating to the transportation funding bill. The bill calls for an increase in the gas tax and a sales tax in the metro area to fund transit operations. A description of the bill is enclosed. It does not include Tom Workman's effort to prohibit toll roads throughout the state. This is the best chance we have had in years to increase funding for transportation in Minnesota. There have been no gas tax increases since 1988. I think this bill deserves our support for the following reasons, among others: o The construction program is currently drastically underfunded. T.H.212 won't be built west of Eden Prairie Road (Hennepin County Road 4) before the year 2020 under the current funding program. Recent MNDOT projections forecast that current funding levels are sufficient to finance only about 1/3 of amounts required to meet highway needs in the metropolitan area between now and 2020. o The same MDOT projections forecast that the metropolitan area will increase in population by about 650,000 people between now and 2020 and that Carver County is currently the second fastest growing area in the metropolitan area. Already, our roads are inadequate but without any improvements they will be absolutely gridlock by 2020 (or well before). As an illustration of current levels of congestion, T.H.5, T.H.41 between T.H.5 and existing T.H.212 and T.H.212 at T.H.41 all experience times of the day during which present conditions are condition F. With no improvement in these roads before the year 2020 (as will be the case under current funding levels) there is no way for the projected population growth to be accommodated. Apparently the periods during which these roads are condition F will simply be extended to longer and longer durations each day. o Federal authorities who are reviewing demonstration grant applications have expressed annoyance at the failure of the state to do its share by increasing state funding levels to "carry a part of the burden" of increased construction costs. We are trying to get federal demonstration grant funds because of the poor prospects for getting state funds in the near future. RJL122S08 LN400-S1 May 9, 1997 Page Two o At current levels, Minnesota gas prices are far below the levels paid in other countries by highway users. o Current MDOT highway funding levels are only adequate to replace highways at a rate of approximately every 100 years. This rate of replacement is totally inadequate given the much shorter life of our highways. o Current funding levels provide no funds for mega projects such as the enlargement of 1-494, I35W, and other large projects. o Current funding levels do not provide for the replacement of the interstate system. Also enclosed is an editorial from the Minneapolis Star Tribune endorsing the bill. Please call or fax your legislators to urge that the House of Representatives concur in House File 243 when House members have an opportunity to vote on the bill as recently approved by the Senate. It is currently anticipated that the House vote on HF243 will occur on either Monday, May 12 or Tuesday, May 13. According to Fred Corrigan, as of May 8, no Republican members of the House of Representatives have committed to voting in favor ofHF 243. Clearly, these representatives need to know that their constituents expect them to support increases in transportation funding. An important part of transportation funding is transit. We can't expect that the roads will continue to be enlarged indefinitely. At some point we have to encourage use of car pools and transit, as well. Attached is a list of State representatives and Senators in the T.H. 212 corridor between 1-494 and the South Dakota border. Please take the time to call or fax as many of the legislators in the corridor as possible. Thanks for your help. RJL:ds attachment RJL122S08 LN400-S1 '---- "' STATE REPRESENTATIVES AND SENATORS IN T.H. 212 CORRIDOR 5/9/97 St. Paul Representative/Se Telephone No. St. Paul Fax nator Name No. Home Town Representative Ron Abrams (R) 296-9934 296-1563 Minnetonka Betty Folliard (DFL) 296-3964 296-1563 Hopkins Ruth Johnson (DFL) 296-7065 296-1563 St. Peter Al Juhnke (DFL) 296-6206 296-1563 Willmar Henry 1. Kalis (DFL) 296-4240 296-1563 Walters Becky Kelso (DFL) 296-1072 296-1563 Shakopee Tony Kielkucki (R) 296-1534 296-1563 Lester Prairie Gary W. Kubly (DFL) 296-4346 296-1563 Granite Falls Carol L. Molnau (R) 296-8872 296-1563 Chaska Richard Mulder (R) 296-4336 296-1563 Ivanhoe Robert Ness (R) 296-4344 296-1563 Dassel Erik Paulsen (R) 296-7449 296-1563 Eden Prairie Doug Peterson (DFL) 296-4228 296-1563 Madison Marty Seifert (R) 296-5374 296-1563 Marshall Howard Swenson (R) 296-8634 296-1563 Nicollet Barb Sacora (R) 296-4315 296-1563 Excersior Barb Vickennan (R) 296-9303 296-1563 Redwood Falls Ted Winter (DFL) 296-5505 296-1563 Fulda Tom Workman (R) 296-5066 296-1563 Chanhassen SENATORS Steve Dille (R) 296-4131 296-9441 Dassel Dennis R. Frederickson (R) 296-8138 296-9441 New VIm John C. Hottinger (DFL) 296-6153 296-6511 Mankato Dean E. Johnson (R) 296-3826 296-9441 Willmar Steve Kelly (DFL) 297-8067 296-6511 Hopkins Arleen 1. Lesewsky (R) 296-4125 296-9441 Marshall Edward C. Oliver (R) 296-4837 296-9441 Deephaven Jen Olson (R) 296-1282 296-9441 Minnetrista Martha R. Robertson (R) 296-4314 296-9441 Minnetonka RJL122510 LN400-51 -.... /~ -..., COALITION MEMBERS PATRICIA PIDCOCK EDEN PRAIRIE COUNCIL MEMBER 8379 RED ROCK ROAD EDEN PRAIRIE MN 55344 DON FREDERICK CITY ADMINISTRATOR CITY OF OLIVIA 1009 WEST LINCOLN AVE OLIVIA MN 56277 CLARK HORN 7608 ERIE AVENUE CHANHASSEN MN 55317 RICK KJONAAS DIRECTOR OF PUBLIC WORKS MCLEOD COUNTY COURTHOUSE 830 ELEVENTH STREET EAST GLENCOE, MN 55336 TRACY SWANSON CARVER COUNTY COMMISSIONER 1468 CREST DRIVE CHASKA MN 55318 ROBERT L JOHNSON JOHNSON MOTOR COMPANY 410 10TH STREET EAST GLENCOE MN 55336 TOM JOHNSON HENNEPIN COUNTY PUBLIC WORKS 320 WASHINGTON AVENUE SOUTH HOPKINS MN 55343 DARRELL SUDHEIMER W ACONIA CHAMBER OF COMMERCE D & J FURNITURE 524 SOUTH ELM W ACONIA, MN 55387 GENE RANIERI EHLERS & ASSOCIATES 2950 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MN 55402-4100 NANCY MANCINO, MAYOR CITY OF CHANHASSEN 6620 GALPIN BLVD. CHANHASSEN, MN 55331 DAVE POKORNEY CITY ADMINISTRATOR CITY OF CHASKA ONE CITY HALL PLAZA CHASKA, MN 55318-1962 JUDY LARSON C/O RANDY JOHNSON SUITE A-2400 HENNEPIN COUNTY GOV CTR MPLS MN 55487 FAX 348-5295 DEL PLOEN PRESIDENT QUALITECH, INC. 318 LAKE HAZELTINE DRIVE CHASKA, MN 55318 DOUGLAST.KETCHAM 306 EAST DEPRIE AVE OLIVIA MN 56277 SOUTHWEST METRO TRANSIT COMMISSION A TTN: Len Simich 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 MAYOR BOB ROEPKE 3160 BURR OAK CIRCLE CHASKA, MN 55318 CARL JULLIE CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 ROGER GUSTAFSON DIRECTOR OF PUBLIC WORKS CARVER COUNTY COURTHOUSE CHASKA, MN 55318 361-1025 Fax DON ASHWORTH CITY MANAGER CITY OF CHANHASSEN CHANHASSEN, MN 55317 FRANK J. SHERWOOD MANAGER OF FACILITIES 12001 TECHNOLOGY DRIVE EDEN PRAIRIE, MN 55344 SIENNA CORPORATION C/O JOHN BOGELBACHER 4940 VIKING DRIVE, SUITE 608 MINNEAPOLIS, MN 55435 SHELL Y JOHNSON BONESTROO & ASSOCIATES 2335 WEST HIGHWAY 36 ST. PAUL, MN 55113 JEFF BURZINSKI PRESIDENT FIRST NATIONAL BANK OF CHASKA 301 CHESTNUT STREET CHASKA MN 55318 ,.. '!' ~ .,:' ~ ~ .. to pI! 1t-,t. Gas tax increase Jt":1A1 5" Overdue and badly needed , So here we are again. For the fourth tenance and other money-saving year in a row, the Minnesota Senate practices and projects. . . ." has passed a bill to increase the state The Senate bill would also addres gas tax. But again the measure is ex- the critical needs of the straitenee pected to die either in the House or on Twin Cities area bus system by author 'the governor's desk. Thus does the izing a 0.25 percent increase in metro ..stalemate on meeting one of Minneso- area sales taxes to replace the prope~ ta's most critical needs approach the tax now levied for transit service. The point of irresponsibility. shift is desperately needed, but is un The Senate-passed increase seems popular with some suburbs and Gov reasonable: 3 cents a gallon this year Arne Carlson. - and another cent in 1998, for a total tax Excuses abound for not passing gas. '-of 24 cents a gallon. It would be the first tax increases. But the biggest part OJ ','increase in nine years, bringing Min. this year's problem is a belief thaI "nesota's gas tax to about the level of there should be no tax increase whilE Wisconsin's current 23.8 cents a gallon. the state enjoys a projected budgel ~. The state's highways badly need surplus. Yet the surplus is in the state's . the additional money. As staff writer general fund, while highways are fi. . Laurie Blake reported in articles Sun. nanced from a separate trust fund. As "day and Monday on the Twin Cities the Senate bill's author, Minority 'area's growing road congestion, no Leader Dean Johnson, R-Willmar, :one today is planning major new road points out, the gas tax is actually a tonstruction projects. Commissioner road-user fee rather than a tax. "OfTransportation James Denn said re- Good transportation facilities are ;cently that his department barely has essential to Minnesota's economic ~'enough money to keep existing road health. But the legislative auditor points tsurfaces smooth. Drivers know that out that transportation has been "the the Department of Transportation may slowest growing category of state and be falling behind even there - espe- local government spending over the last dally after all the damage Minnesota's 20 or so years," declining from 13 per- I roads suffered this winter and spring. cent of total government spending in How far behind is unclear. A legisla- 1972 to 8 percent currently. tive auditor's report last month said No one proposes to reverse that the department needs to do a better trend and embark on another orgy of : job of defining and reporting on its freeway building. It would be nice, : funding needs. But the report ac-. however, to have enoudt money to , knowledged that "projected funding is plug the potholes. Anotfier 4 cents a I probably insufficient to meet trunk gallon in gas taxes would be a big help. I highway needs" and that "it may take The House should join the Senate in : an increase in taxes in order for Minn- passing the increase, and the governor ! I?OT to implement (preventive main- should sign it into law. > I ~ . --- --,.. r 05:12:9i 12:43 FAX 92i i645 CITY OF EDINA 4cL~ ee _ SL.ir ,A/~ TO: MEMO South Metro Training Facility participants .FROM: Patrick Melvin DATE: May 12, 1997 RE: Training facility update At this time the legh,ilation which would permit Bloomington, Chnnhassen, Eden Prairie, Edina and Richfield, with authorization from their respective city council, to sell bonds without having to first conduct a referendum has received approval from both houses and is awaiting final approval from Governor Carlson. The South Metro bonding bilI has been grouped with the tax bill that is now pending and stands a very good chance of being passed. I will notify you iuul1ediately of lhe result. A Training Facility meeting is schedule for May 14, 10:00 at the Edina City Council ChalUber~. It is important that everyone make a serious attempt to attend this meeting and provide input as to where they wish the project to proceed from here. The following agenda will provide each individual with an idea of the issues that will be nddrcsscd and allow time for each individual to consi der each issue: South Metro Joint Public Safety Training Facility Agenda I) Assessment of each community's financial and ideological commitment 2) Funding shortfall: postpone construction~ scale do~ construction~ bond legislation or further suggestions? 3) Updated Joint Powers Agreement 4) Appeal to civic orgnnizations for equipmenl cost assistance 5) Trainil1g programs research 6) Deadline for presentation of training facility to respective councils As a training facility moves yet even closer to becoming a reality the next step is to research what training programs should be offered at the South Metro Joint Public Safety Training Facility. An integral aspect of this research will involve meeting with police and fire training officers from each department to identifY C0llU11on training needs, providers of quality training seminars and individuals from within our participating comnllmities who would be qualified and willing to teach these training seminars. Through this process we hope to establish a tentative standard training curriculum which will be modified ac; experience dictates after the first year. Please save or make a copy of any training information your departme~t receives which you think would pertain to the training facility. [4J OO~ A/I> \ ~f-. ~ I- CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.ee --/f..{....;i;' Attorneys at Law Thumas J Camphell Ruger N Knutson Thomas M. Scott Gary G Fuchs James R. Walston Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 Andrea McDowell Poehler Matthew K. Brokl* John F Kelly Marguerite M. McCarron George T Stephenson * * * * AISl) IicenseJ in Wisconsin Writer's Extension: 218 Writer's Fax: 452-5550 May 8, 1997 Mr. Don Ashworth City Manager City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 Re: John R. Fisher et al v. City of Chanhassen (Town and Country Homes) Dear Don: On February 12, 1997, Carver County Judge Gene A. Davies granted the City's motion to dismiss this lawsuit challenging the City's denial of a comprehensive plan amendment and rezoning. Mr. Fisher and SA Land Partners are appealing the decision to the Minnesota Court of Appeals. Enclosed is a copy of the Notice of Appeal and Appellant's Statement of the Case. The appeal will involve the submission of a written brief and oral argument by the attorneys. The Court of Appeals will make its decision in approximately 6-7 months. Please call if you have any questions. Best regards, CAMPBELL, KNUTSON, & FUC .A. TMS:jlw Enclosures cc: Kate Aanenson (w/enclosures) '"'-- /~t}~\~ 0 S 1~/J/ 5111tC 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 51012 STATE OF MINNESOTA DISTRICf COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICf CASE TYPE: OTHER CIVIL John R. Fisher and SA Land Partners, a Minnesota general partnership, NOTICE OF APPEAL TO COURT OF APPEALS TRIAL COURT CASE NO. C4-96-1340 Plaintiffs, v. Date Judgment Entered: February 12, 1997 City of Chanhassen, a Minnesota Municipal corporation, Defendant. TO: Clerk of Appellate CC-lrts, Minnesota Judicial Center, St. Paul, Minnesota 55155. PLEASE TAKE NOTICE that the above-named Plaintiff appeals to the Court of Appeals of the State of Minnesota from a judgment of the Court entered on the date shown, granting Defendants' Motion for Summary Judgment. Attorney for Defendant: Thomas M. Scott, Campbell, Knutson, Scott & Fuchs, P.A., Suite 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, MN 55121, (612) 452-5000. Dated: May 1, 1997. By: ~. .- SIEGEL, BRILL, GREUPNER & DUFFY, P.A. Attorneys for Defendants Suite 1300 100 Washington Avenue South Minneapolis, MN 55401 (612) 339-7131 AFFIDAVIT OF SERVICE BY U.S. MAIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mary Flahavan of the City of Brooklyn Center, County of Hennepin in the State of Minnesota, being duly sworn, says that on the 2nd day of May, 1997, she served Notice of Appeal to Court of Appeals on Thomas M. Scott the attomey(s) for the City of Chanhassen the Defendant in this action, by mailing to him copies thereof, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Minneapolis, Minnesota directed to said attorney(s) at Suite 317 Eagandale Office Center 1380 Corporate Center Curve, Eagan, MN 55121, the last known address of said attorney(s). /(~, #aAt7/~ Mary FI havan Subscribed and sworn to before me this 2nd day of May, 1997. 8 LYNN M. MERKLlNG NOTARY PUBLIC, MINNESOTA My Commis.$ion Expires Jan. 31, 2000 AFFIDAVIT OF SERVICE BY U.S. MAIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mary Flahavan of the City of Brooklyn Center, County of Hennepin in the State of Minnesota, being duly sworn, says that on the 2nd day of May, 1997, she served a copy of the Notice of Appeal to Court of Appeals and filed a $500 Cost Bond with the Carver County District Court Administrator in this action, by mailing copies thereof, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Minneapolis, Minnesota directed to Court Administrator at 600 East Fourth Street, Chaska, MN 55318. 4;'~' //~~ Mary FI avail ......... Subscribed and sworn to before me this 2nd day of May, 1997. , , i) LYNN M. MERKLlNG NOTARY PUBUC . MINNESOTA UI~ bpil1SJIn. 31.2QXl STATE OF MINNESOTA IN COURT OF APPEALS John R. Fisher and SA Land Partners, a Minnesota general partnership, APPELLANTS' STATEMENT OF THE CASE Appellants, v. Trial Court Case No.: C4-96-1340 City of Chanhassen, a Minnesota Municipal corporation, Appellate Court Case No.: Respondents. 1. Court or agency of case origination and name of judge or hearing officer who presided. State of Minnesota, Carver County District Court, First Judicial District, Jean A Davies, Judge of District Court. 2. Jurisdictional Statement. ( Appellants appeal the Court's granting summary judgment to Respof_dent. Judgr~ent was entered Februarx_12, 1997. ......-- 3. State the type of litigation and designate any statutes at issue. Declaratory judgment. 4. Brief description of claims, defenses, issues litigated and result below. Appellants challenge the Respondent's denial of their application for a comprehensive plan amendment and rezoning of property to planned unit development. Appellants claim that denial was arbitrary, capricious, and unreasonable. Respondents argued that denial was not arbitrary and capricious and moved the district court to affirm the City's Council's action in a motion for summary judgment. The district court found that Appellants did not establish that the property in question could not be used in a manner consistent with the current land use designation and affirmed the City Council's decision. S. Issues proposed to be raised on appeal. Did the district court err in its application of the law in granting summary judgment? 6. Is a transcript required? Yes. 7. Is oral argument requested? Yes. 8. Are formal briefs necessary? Yes. Argument location provided? No. 9. Name, address, 7ip codes and telephone numbers of the attorneys for Appellant and Respondent. Gerald S. Duffy Philip J. Danen Siegel, Brill, Greupner & Duffy, P.A. Attorneys for Appellants Suite 1300 100 Washington Avenue South Minneapolis, MN 55401 (612) 339-7131 Thomas M. Scott Campbell, Knutson, Scott & Fuchs, P.A. Attorneys for Respondents Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (612) 452-5000 -2- Dated: May 1, 1997. By: 32050197-1-20735\OO2-01.SfA ~~ Gerald S. Du ( 03) Philip J. Danen ( 234837) SIEGEL, BRILL, GREUPNER & DUFFY, P.A. Attorneys for Defendants Suite 1300 100 Washington Avenue South Minneapolis, MN 55401 (612) 339-7131 -3- CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Nancy Mancino, Mayor City Council Members Don Ashworth, City Manager Scott Harr, Public Safety Director c6i FROM: DATE: May 6, 1997 SUBJECT: National Police Week National Police Week is May 11-17. Police Officer Memorial Day is May 15. Reproduced is the Joint Congressional Resolution that made this event possible. Remember: 1) Fly Blue Ribbons from your squad antennas during the week; 2) 8th Congress of the United States of America HJ. Res. 730 October 1, 1962 Public Law 87-726 Public Law 103-322 directs that the flag of the United States on all government buildings be displayed at half-staff on May 15th. To authorize the President to proclaim May 15 of each year as Peace Officers' Memorial Day and the Calendar week of each year during which such May 15 occurs as Police Week. WHEREAS the police officers of America have worked devotedly and selflessly in behalf of the people ofthis Nation, regardless of the peril or hazard to themselves; and WHEREAS these officers have safeguarded the lives and property of their fellow Americans; and WHEREAS by the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; WHEREAS these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the Republic: Now therefore, be it Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers' Memorial Day in honor of the Federal, State, and Municipal Officers who have been killed or disabled in the line of duty, (2) designating in each year of the calendar week during which such May 15 occurs as Police Week, in recognition ofthe service given by the men and women Mayor & City Council Members Don Ashworth, City Manager May 6, 1997 Page 2 who, night and day, stand guard in our communities and the people of the United States, to observe such day and week with appropriate ceremonies and activities. Approved October I, 1962 John F. Kennedy President of the United States I continue to share the pride of the excellent law enforcement services that the city of Chanhassen continues to provide to those living, working and traveling in our city. In this time of increasing demands for lower taxes and governmental fiscal responsibility, our city can truly look at the way we provide police services as proof that Chanhassen listens. Our system of purchasing contract police hours and supplementing it with additional city personnel is a model that continues to be respected across the country. During National Police Week, I would like to commend the professionals from the following agencies that it is my pleasure to work with here: Public Safety Support Staff Deputy Director Bob Zydowsky Community Service Officers Kerri Nolden & Henry Price Carver County Sheriff & Deputies Minnesota State Troopers Southwest Metro Drug Task Force Agents Minnesota Department of Natural Resources Conservation Officers SH/be CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN. MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 May 7,1997 Mr. Dave Parrott Parrott Contracting PO Box 506 Henderson MN 56044 Re: SAC fees @ 1775 W Lake Dr. Dear Mr. Parrott: The purpose of this letter is notify you of additional fees due the City in connection with the sewer and water permit at the USPS (United States Postal Service) annex building. SAC (sewer access charge) fees are normally collected from the general contractor at the time the building permit is issued. SAC fees are collected from the sewer and water contractor when a sewer and water permit is issued and a building permit won't be issued. This most often occurs when an existing building connects to City sewer and water. In the case of the USPS, City support staff was unaware that a building permit cannot be required of the Federal Government, thus requiring collection of the SAC fee when the sewer and water permit was issued. The Metropolitan Council has assigned 9 SAC units to the building (see enclosed 4/23/97 letter). The City remits $950 00 to the Metropolitan Council for each unit. The total additional fees due the City are $8550.00. The $8550.00 SAC fee should be remitted to the City prior to occupancy of the building. The City cannot provide permanent water service for fire sprinklering or sanitation until SAC fees have been paid and a City mechanical inspector has done a final walk through of the building to confirm proper backflow protection. The check for the SAC fee should be made out to the City ofChanhassen, and brought to my attention. Sincerely, ~a.\~ Steve A. Kirchman Building Official pc: Scott Harr. Public Safety Director Dave Hempel, Assistant City Engineer Sharmin Al-Jaff, Planner II Greg Hayes, Fire Inspector Tom Scott, City Attorney Mr. Dan McKay, James Steele Construction Mr. Greg Deeb, Roseville Plumbing and Heating Mr. Brian Marshall, USPS City Council Admin Packet Building file, 1775 Lake Dr. W. G:\safet...''.sak\usps 1 1997 CITY COUNCIL WORK SESSIONS TIME DATE ITEMS ALLOTTED * January 6 . Park Task Force, Community Survey 5:30 p.m. . Organizational Items Courtyard Conference Room . Commission Responsibilities . Accounts Payable . Position Classification and Pay Compensation Plan February 3 . Interview Applicants for Planning Commission . 45 minutes 6:30 p.m. . Housing & Redevelopment Authority . 45 minutes Courtyard Conference Room . Appointments to other City Commissions . 15 minutes . Topics for future work sessions . 15 minutes February 18 (Tuesday) . Position Classification & Pay Compo Plan . 15 minutes 5:30 p.m. . Senator Oliver/Rep. Workman re: Property Tax . 30 minutes Courtyard Conference Room Freeze for Senior Citizens (Steve Berquist unable to . Housing & Redevelopment Authority . 30 minutes attend) . Topics for future work sessions . 15 minutes February 24 (before regular . Presentation of Park Survey Results, Decision . 45 minutes meeting) 6:00 p.m. Resources. Courtyard Conference Room March 3 . Southwest Metro Transit Update and Loan 6:30 p.m. Request. Courtyard Conference Room . 1997 Department Goals . CDBG . State of the City Address, Strategy . Set Special Meeting Date to Interview Commission Members . Review Budget & Revenue Report Formats March 13 . Team Building, Dick Leider 5:00 p.m. . State of the City Address Courtyard Conference Room March 17 . Public Safety CommissionlBuilding 6:30 p.m. Inspections Panel Courtyard Conference Room . State of the City Address, Review Presentation . Update from Planning Director re: Past, Present & Future Document; Comprehensive Plan; and PUD Ordinance. . Public Works Goals March 31-Meeting Canceled . Discussion of Board of Review Process, 5:30 p.m. County Assessor. Courtyard Conference Room . Communication, Nancy Mancino. (Mark Senn absent) . Affordable Housing April 7 . Decision Resources Executive Summary on 6:30 p.m. Carver County Library Needs, 5:00 p.m. at Courtyard Conference Room Carver County Courthouse . Downtown Moratorium - 6:30 p.m. . Board of Review & Equalization -7:00 p.m. . Park Task Force 7:45 - 9:00 p.m. April 1 0 . Gateway Development, Steiner 5:30 p.m. Courtyard Conference Room April 21 . Interview Public Safety Commission 6:30 p.m. Applicants (2) - 6:30 p.m. Courtyard Conference Room . Joint Meeting with the Planning Commission - 7 :00 p.m. . Affordable Housing . Finalize EDA . Gateway Development, including TIF analysis . 1998 Budget Work Session Schedule May 5 . Discussion with County Assessor - 5 p.m. 45 minutes 5:00 p.m. . Analysis of Tax Exempt and Public Lands Courtyard Conference Room (Where, how many, fiscal impact) . Meet with Senior Commission re: Goals 1 hour . Park & Recreation Commission Interviews (4) 1 hour May 8 . Team Building Workshop, Dick Leider-The 9:00 a.m. - 4:30 p.m. workshop will be held in Suite 1750 (17th Normandale Lake Office floor) of the Normandale Lake Office Tower, Tower 8500 Normandale Lake Boulevard (the Tower adjoining Kincaid's Restaurant). (Lisa 921-8686) May 19 . Meeting with Carver County HRA, Julie Frick 5:30-6:30 p.m. 5:30 p.m. in the Courtyard Conference Room Courtyard Conference Room/ . City Hall Expansion. 6:30-6:55 p.m. Recreation Center . Set Date for Vision Meeting. 6:55-7:00 p.m. . Citizen Input, Comprehensive Plan Meeting 7:00-9:15 p.m. Facilitated by Planning Staff and Mark Koegler-Council's role is to listen (at the Recreation Center) June 2 . Performance Review Discussion with Jim 5:30-6:00 p.m. 5:30 p.m. Brimeyer. Courtyard Conference Room . Comprehensive Review, MIS System Demonstration and Financial Review . Historic area of downtown, Planning with Staff . 1998 BudlZet Expectations, Discussion June 16 . Canvass Election Results-5:00 p.m. . No work session-Nancy and Mike will be out of town. June 30 . City Council meets with Jim Brimeyer (1 hr.) 5:30-6:30 p.m. 5:30 p.m. . City Council and City Manager meet for a 6:30-7:30 p.m. Courtyard Conference Room performance review with Jim Brimeyer (1 hr.) . Discussion of Performance Reviews of 7:30-8:30 p.m. Department Heads July 7 . Peter Olin and staff to give us a presentation. 5:30 - 6:30 p.m. 5:30 p.m. . Mike Gorra on golf course. 6:30 - 7:00 p.m. At the Arboretum . Meet with Senior Commission regarding 7:00 - 8:00 p.m. (this location has not goals. 8:00 - 9:00 p.m. been con.lirmed yet) . Analysis of tax exempt and public lands July 21 . Fire Department and City Council get together 5:30 p.m. (Tentative) Courtyard Conference Room August 4 5:30 p.m. Courtyard Conference Room August 18 5:30 p.m. Courtyard Conference Room September 15 . 1998 Budget: (Note: The budget schedule will 5:30 p.m. be presented at the April 14th meeting) Courtyard Conference Room - Park & Recreation Dept. - Public Safety September 29 . 1998 Budget: 5:30 p.m. - Planning Department Courtyard Conference Room - Administration October 6 . 1998 Budget: 5:30 p.m. - Public Works Courtyard Conference Room - Special Revenues & General Revenue October 20 . 1998 Budget: 5:30 p.m. - Present Balanced Budget & Strategic Plan Courtyard Conference Room November 3 5:30 p.m. Courtyard Conference Room November 17 5:30 p.m. Courtyard Conference Room December 1 5:30 p.m. Courtyard Conference Room December 15 5:30 p.m. Courtyard Conference Room December 29 5:30 p.m. Courtyard Conference Room * The time allotment is a "best guess" of how much time will be required to discuss the item. More or less time will be allotted as necessary. g: \user\karen \97 worksessions.doc Items to schedule: . Public Works and Park Maintenance Expansion (at the Public Works Facility) . Code of Ethics. . Park & Recreation Items to be scheduled after the referendum vote: . Park & Recreation Commission Long and Short Range Goals . Park Acquisition and Development Five Year Capital Improvement Program . Funding Sources for Park, Open Space, and Trail Initiatives . The Chanhassen Senior Center-The Challenges Presented by the Promise of Congregate Dining . Replacement of Lake Ann Park Entrance Road and Parking Lot Infrastructure . February Festival . Update on Water Resources Projects, Phillip Elkin . Local Sales TaxlFranchise Fees - Position papers by Mark Senn and Don Ashworth . Strategic Planning . Dean Johnson Construction . Post Office _ .... .-----::.~......-c.T nlll . ~ -< ~ Eo-- 00 -< ..... N rLJ ~ N ..... r- - S rJ) ... ~.. lI) I Q) ci. ..0 ----- ~ ~ - FROM'CHAN PUBLIC WORKS p"q..rJ.. - 4'74...1'87 04.23.1997 13'19 p. 1 ~+eve ~,~ ~'s rI f' J) id ~ #= ~ -.kJ tJlt"O"Nj N i ~l(i VI, f Sill ~ .~ IS, "7 ,f ~)f Sfv~ x''eXI,$ ~, ~ '<>,~ 'Y~1t l'i,,.. 'eI ~ ~1-.v_ '~J, <'q".V .,. 4,~ ,.. ~"" \" Cldtl' 01' ~ r "0 '" "/~ ~ C;~ 'to o~ ~ ~(..:k' ~ -Y" 8tr", ""+X r <S-q,A r ~~(>~ PROPOSAL PAGE ELEetR%CRl CON"~ACTINa INC ~.O. SOX 701 W~Y%~T~L MN !e391 (Sit!') 473 - O'e59 DRT~r 4/eJ/97 TO. C r iV OF C~iANHASSEN ~7"T I REi, SUBJECT. STiVE I<%RCHME:N Gl.iNERArOpt R~CF:tT INCl..USIONSt PERM1TS SALE'S TAX 1 eOOA ~INIR~10R MOUNTED ON W~ J-aOX 1 eOOA ~OWER etRI~ IN J-80K FOR GENERAtOR CONNECftCN EXCLUSIONS, RECF.:IV~D APR 2 3 1997 GHArtHASSfH fltifllt SAfETY