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Administrative Section' ADMINISTRATIVE SECTION Article from the Star Tribune regarding Affordable Housing dated July 14,1996 Article from City Business regarding Affordable Housing. ' r rom Lunn Sidney dated Jul 17 1996. Lette f ey y , ' List of Names from 3r Neighborhood Meeting re: Town & Country Homes. ' Letter from Robert Smith, Town & Country Roads dated July 8, 1996 Letter from Arvey & Marlene Eeg dated June 30, 1996 ' Letter from Michelle & Patrick McNallan dated June 28, 1996 Letter from Steven Watts dated June 25, 1996 Letter from Jim & Kathryn Liddell dated June 26, 1996 Letter from Steven Cavanaugh dated June 25, 1996. ' Letter from Nancy Cavanaugh dated June 25, 1996 Letter from Christine & Mark Fischer dated June 24, 1996 Letter from James B. Stasson dated June 24, 1996 ' Letter from Tom & Marcia Kladek dated June 15, 1996. ' Letter from W. Bury dated June 17, 1996 Letter from Rebecca Bury dated June 17, 1996 ' Letter to Gregg Downing, Environmental Quality Board dated July 10, 1996 ' Letter from Jon Hohenstein, City of Eagan dated July 2, 1996. Letter from Robert Erickson, City of Lakeville dated July 8, 1996. Letter from,Terry`Forbord, Lundgren Brothers dated June-] 9, 1996: Letter from Robert Lindall, Kennedy &Graven dated June 17, 1996. 1 Memo from Phillip Elkin dated July 8, 1996 Astroconi Newsletter Text from the Internet dated July 15, 1996. Letter from Carol.Ham dated Jul 15, 1996. .f Y Letter from Mark Fuhrmann, Metropolitan Council dated July 15, 1996. ' Letter from Robert Lindall, Kennedy & Graven dated July 11, 1996. Correspondence to and from Ann O Neill. Resident Letter No. 8 to Lake Riley, Lake Susan and Lyman Boulevard Area Residents dated ' July 15, 1996 Frequently Asked Questions About the New TH 212 Highway. Letter from Hennepin County re: Highway 101 Turnback dated June 24, 1996 Memo from Don Ashworth re: BorSon Arbitration dated July 18, 1996 1996 Memo .f rom Don Ashworth re: Furnishings for City Hall expansion dated July 18, 1 1 1 1 :. _... _ 1 A !" Ones are drawn over affordable ,h o 7t� A proposal to develop into Trotter's Ridge not quite two their corarriunities.:" 140 townhouses near years ago. "I don't understand `-, Perhaps what has followed was the socialist mentality that can inevitable: The people who live in four executive -style say, 'This goes here, this goes Trotter's Ridge and three equally subdivisions in here [and] this goes here.' " pricey nearby subdivisions are Trotter's Ridge was built in angry and may go to c ourt to stop Chanhassen is raising Chanhassen for people who have ,the, project The devel- money. One typical home, with a`�.'; oper, feeling the chances for ap- questions about the for-sale sign out front, has four `�`proval slipping away, Is delaying. , difficulty of building bedrooms, three baths, a two-sid- -.! the project so he can find a way, ed fireplace and a $287,500 price;-".,to satisfy Its opponents. City bffi-` affordable housing in the tag. Nearly all of the subdivision's 4" � clals, torn between their commit�'.11 ' suburbs. : I.. � I . . 1 47 lots have sold quickly; a new " to the Met Council and the.11 By Mike Kaszuba elementary school has been built, emotions of � their constituents,. and the open spaces here — 20 are moving cautiously, • , j - 1— - . Star Tribune Staff Writer 'miles southwest of downtown:: For those'who think funds I Minneapolis — are drawing more Trotter's Ridge is where the' people by the day. mental social' change - cannot —, and should not — be forced by real test has begun ---m Where the Now a developer wants to law, Trotter's Ridge' offers'evi- whole idea of bringing affordable build $85,000 townhouses next to dence of the turmoil that looms housing to the Twin Cities sub- Trotter's Ridge. The city's staff is for many suburbs. !-.;��,��.' ! �, �.)A, . ., urbs is quickly running into a supporting the project because:�' "af TV society that does not want it. Chanhassen, like 96 other Twin Star Tribune photo byft Reed ..,.' . I'm a little sick and tired of Cities suburbs, signed an agree-. 7Wrn to HOUSING on .0 nn Sidney Is among the Chanhassen homeowners opposed to a 140-unft government's imposition on the ment with the Metropolitan: Also on B3. house project that's proposed for a nearby property. Last week, she housing market, . period," said.. Council last fall to encourage; — Three sides to the affordable- 1.0 . ew fl?ra, ut P meeting wf*dty offidals to her neighbors ugh who moved .", #e Cavana. more lower-priced housing-4W, - - housing deb VIC ate ,., iAq INDEX Columnists Page B2 U Faces & Places Pages B4, B5 V Obituaries Pages B6, B7 Weather Page Be W Imide'. ................................. ......... 47th homicide A woman shot dead In t northeast Minneapolis 47th homicide victb pil oftheyear. Turn to B7. wit Kiss In St Paul J- Kiss was rocking In St. Pau1 , last night .Turn toB4. "" T he it easy- The recent health "a"n"11 J'�e�.�exerclse recommendationi ge susted ut we have nothing to s g weat b sweat Itself. See DOUG GROW on 132. ` i g ( I Bad timing qz for Amy Maisalls? Y �"ou � to ,,, won&r whether "Amy Marsaa , 6 might ' have been better off staying - atrWCC0:-Tv..---,seA1 U? CA on B4. A 4 ' SUNDAY, JU LY 14.1996 Metro/State a HOUSING from Bi Homeowners don't want - 'townhouses bWilt nearby For those who think something must be done for the $12 -an-hour workers who hold many of the Job fn places like Chanhassen but can't afford to live there, the bat- tleground at Trotter's Ridge is unfortunate but necessary. Without much prodding, what' is happening at Trotter's Ridge Three sides to the affordable- housing debate The neighbor "I'm a little efck and tired ofgov -; y11 eg� menCs impo -',_ r sitfon on the housing market, period. I don't understand the socialist mental - *: ity that can � :- : !� say, This goes here, this goes here [and/ this goes here. "' — Steve Cavanaugh 20 -month resident of Trotter's Ridge Cavanaugh, 45, and his wife moved to Chanhassen from an apartment in St. Louis Park. His was the sixth home built in Trot- ter's Ridge, where a nearby home today with four bedrooms, three .baths and a vaulted master suite Is selling for $249,900. Cavan - augh's property taxes on his home, whose back yard would face the proposed townhouses, are $7,200 annually. He joined scores of other neighbors in ask- ing the city for an environmental assessment study of the develop- ment, arguing that it would nega- tively impact surface water, wet- lands, wildlife, and historic and archaeological resources on the site. On Monday, the City Council denied the request for the study. The neighbors next week will consider whether to take legal ac- tion. "I pay 2.6 percent of my property value in property taxes," he said. "I want my stake a little more protected." Proposed 45-aae de ebprient site irtthe southwestern suburb of Chanhassen can bring out the rawest of feel- ings that deal with elitism, racism "These townhomes are priced high enough that the people are going to have mortgages of and not -so- secret agendas. "There's going to be a certain The Clt)I amount of friction," said Craig "Rapp, the Met Council's director * y ," going to be employed in very solid jobs." "You want to provide that kind of home in the community that is a little lower [priced].... It would of community development. ahe suburbs for other uses. certainly give us that start to be able to provide houses "What we're doing here.... is not Town & Country Homes, a Chicago -area builder, would build 140 townhouses in Chan - for people who work here." going to go unnoticed by people, twe now seen as affordable — — Don Chmiel, eight -year Chanhassen mayor or unchallenged. try's development is seen as a step in that direction. The townhouses would run as low as 3115,000 in 1995 dollars. Over the - -- "The question becomes, can ;nex 15 years, Chanhassen city Three week's ago, Chanhassen's City Council 4;e establish enough broad public acceptance ?" he said. 'Y" + utive -style subdivisions. One home in Trotter's Ridge, whose back yard would face the town- adopted an "action plan" outlining the steps it would take housing communities rottei s Ridge has become a to provide more affordable in the city. The city last year agreed to participate in the Metro - `Ll yable one home [go] for much less, un- politan livable Communities Act, which — in return Z ;b;Over the last two weeks, the or commercial project for making various state funds available to Chanhas- ZsnEiurbs that agreed to participate Tuihe Metropolitan Livable Corn - sen — asks the city to do more to create affordable housing. According to 1995 data, 32 percent of the city's homesteaded unities Act have been submit- homes were considered affordable — meaning they were valued at g detailed plans for how they $115,000 or less. The 140 -unit Town & Country townhouse proposal `Jlope to encourage the building of comes as city officials seek to have 50 percent of all the new homes built e friore lower - income homes, ;[Trough participation is volun- in the next 15 years be under $115,000 in valuation in 1995 dollars. , �. ,tary, only five suburbs — Anoka, wfrcle Pines, Andover, Champlin The builder `apd Mahtompdi — are not taking "These townhomes are priced high enough that the people are going to have mortgages of tart in the law's first year. Many sixty-five, seventy, $75,000, depending on the down payment. These are people who are "suburbs signed on because the * y ," going to be employed in very solid jobs." Wt provides various funding to k n f , —Allan Block, president, Town & Country Homes, Mhmesota Division ahe suburbs for other uses. ?` -• n Chanhassen, 32 percent of Town & Country Homes, a Chicago -area builder, would build 140 townhouses in Chan - :the city's homesteaded homes hassen in the midst of some of the city's priciest subdivisions. Chanhassen — like other sub- twe now seen as affordable — urbs —has promised state officials that more affordable housing will be built. Town& Coun- .1h they cost no more than try's development is seen as a step in that direction. The townhouses would run as low as 3115,000 in 1995 dollars. Over the $85,000, with typical units priced in the mid- $90,000s to mid- $120,000s. In some cases, the ;nex 15 years, Chanhassen city [ , townhouses would be just 110 feet from homes in Trotter's Ridge, one of the city's new exec - wff cials promise to push that fig- 'Y" + utive -style subdivisions. One home in Trotter's Ridge, whose back yard would face the town- to 50 percent houses, is selling for $287,500 and features four bedrooms, a two -sided fireplace and a mas- rottei s Ridge has become a ter suite with a whirlpool :1lashpoint because the proposed ............... ............................... .............................................................................. ............................... 3ownhouses, in some cases, -Would go up just 110 feet from •some of the city's most upscale same problems they [now] talk about. Growth is here because The Oaks and Timberwood Es- tates — four nearby subdivisions cerned about the wetlands"' said John Allen, who is helping dousing. An informal survey of `Stutter's Ridge residents showed they came and other people came after them," he said. that consist almost entirely of $200,000 to $400,000 homes. develop the site. "Ali that is a subterfuge for [not wanting] .',tat their first choice for the 45- He also doesn't believe the I "If they're going to put in townhomes that might start at °acre townhouse site was for more townhouses will bring down $85,000 townhouses right across :585,000.... That's the long and 1 executive -style homes like their housing prices. "I've never seen the street, it's not my idea of an :short of it. own. Most, in fact, preferred an 'Industrial one home [go] for much less, un- upper- bracket neighborhood,' "I think this suspiciously or commercial project less there's problems within that said Johnson. "I just hope no- smacks of elitism," he said. ;16 entry-level townhouses, saying home," he said. body finds out about it before The developer will meet with they would bring more tax money �igthe city. No complaints they buy my house." As the city's planning commis - neighbors Tuesday to try to reach it compromise, though both sides i "This happens to be a capital - T3'tic society. I earned what I got," Although the lowest - priced townhouses would cost $85,000, sion.held hearings in June, doz- ens of residents from the execu- are doubtful that can occur. The City Council will take up the issue ' ald Dennis Medo, an insurance some would be as high as tive -home subdivisions flooded again.Aug. 12. And if the project ;company regional director who $150,000. Town & Country City Hall. The city's planning fails, city officials will look else - moved into his Trotter's Ridge Homes, the Illinois -based devel- commission, in a setback for the where in Chanhassen for other home last year. "The overriding oper of the project, said most of townhouse project, voted unani- chances to build lower - priced .factor is ... what's it going to do the townhouses would be priced mously June 19 against a zoning housing. A patio home develop - Xo our property values ?" from the mid- $90,000s to the change that's needed for the de- ment, with some government The same probl @t11s mid- $120,000s. Allan Block, Town velopment to move forward. subsidized -units selling at just Medo Chanhassen & Country's top official in Minne- But last week the City Council 588,000, is doing well on the city's moved to sota, said he was jolted by the voted against conducting a for - eastern edge. That affordable - Tiom Chicago and, like many of negative reaction because the mal environmental study on the housing project, which has left ills neighbors, is having trouble company is building two identical townhouse project. The city, re- city officials elated, has drawn lit - anderstanding the philosophy Uhind the affordable - housing townhouse projects in Burnsville and Eagan without much opposi- jesting the homeowners' claims, said there was not enough evi- Ile opposition, perhaps because it sits adjacent to an apartment ;push. "When I first moved to tion. "[It's] much more negative ` dente to show the project would . building. Minnesota," he said, "I couldn't much more significant," he said be detrimental to wetlands, sur- In Trotter's Ridge, LuAnn Sid - .believe this was the United the reaction in Chanhassen. face water and wildlife on the site ney last week handed out leaflets 'States. r,: "I came from the South Side But the projects in Eagan or or would "significantly or harm- to her neighbors regarding the of ;�hicago. The socialistic -type stuff Burnsville are not as close to ex- homes. "I don't fully" alter the aesthetics of the The latest news on the townhouses. "Many "'. bothers me," he said. "What's ecutive -style blame the people," said Sharon site. neighbors also argued that the property had historical , of the [townhouse] units have one -car garages," she said, §he. attraction of having afford- Johnson, a real estate agent who significance as "a common and come with outdoor parking Able housing in any suburb ... is trying to sell a red -brick home camping point for native Ameri- slabs. "Yuck," she said. mixing the cultures? I don't with concrete lions at the end of cans traveling from Shakopee to So what would she like to see ?know." the driveway for $269,900. The the islands of lake Minnetonka." built on the property? ' a :..'. Chanhassen's eight -year may- home is in Stonecreek, another Elitism? "The one [idea] I like is golf or, Don Chmiel, said he supports the townhouse project and said high - priced subdivision that sits across the street from the pro- "The neighborhood group course she said. those in Trotter's Ridge may not posed townhouses. Nearly all of comes up with all the buzzwords. see the larger picture. "When the townhouses' opponents live [They say]: 'We're concerned they move in, they create the in Trotters Ridge, Stonecreek, about the trees; ... we're con- Urban model 1al1i,.., and . es hard gl to rise above its debt burden and x lods Inc. will close its doors by the 7 M TZ 7 ************CAR-RT--SORT**ROOJ 1- LHA 098 043 U4 '5 01 24 08/ DON ASHWORH C S SEN AD U CHAN T HASSEN ADMINISTRATIVE OFC 690 COULTER DR C S CNHASSEN MN 55 317-9683 e S ..-Ajusmes Zra. I tol a re C is MI 9 ;r based grocery store in s neighborhood will continue to keletal staff and on shortened working handise runs out Store manage 3 over the property's keys to, its 1 Y V tragedies really tipped us over the O Sarsour, the store's marketing in r tin te k d every resource to keep this * U ve people coming in here crying that the store could close." IVE. Franklin Ave. in the Phillips By Pet'ek 7, 7 P Foods has been fraught with Smff it's a project that can be repeated r sit n since its opening in 1994. Now, It's still under construction, .b �� "I t , S certainly p -prp e -pro )500,000 owed to the Minneapolis Ridge Market is already.'talked Ii A jest, but it's'also been a fof work, realis. VJPM ent Agency (MCDA), and an' model deyel opment all " said Murray Koimb6kj,' - a vice press tic Y, to its supplier, Eden Prairie-based The $80 million Minnetonka project ident at CSM iqorp., the St. Paul developer the store is an acute example of good boasti`.A number of innovative features , that spearheaded the development. "Would.,- pin flames, in lieu of f a" strip mall, fbi - insta nc e, it _ ea 7 we do it again? That's i t ough quesd6 GREG tgrO..��C--g�ter�' umque.,:�- t Z 7 l f s broad s i6 prplec . p . wtr . umo qps1p&, H ap I e run out I foA f compo nents en ". u an mtere will feature ever ppcaRse gge part aprod everything $300;000 cofi-` case_ _1 I dos'to publicly owner} apartmeriti'f study f ' " c ontentious cly own or some uct o pointed -;m .,qqn nti arguments Cities'. poorestresidefits bout h i�16 pibVid6* of the a 0 an :wh4 housin But . #�West . Ri is an example of lower income, Twin Cities residents private *dollars' can" cr Both state t6gislature and at di-.1. publk and in 7" diverse mix of rents and prices, it's a ls o an vidual city council offs rri`Fetmgs,� pu blic c 0 i7,:' " example of how expensive, and time -con: dais and Policymak6ri spent muc h o the suming Ala endeavor — be 10 , —m— if Ur%"C1K1e in the midst of 'a - .....gro spurt and possible sites. ( NANUFA, VideoLabi In- , : . growing number technology comp encountering inte erty disputes. Vie usm filed suit acc * i engineering chief pass on secret pla ti6n. . 1 .1. : .. - MMUM Forget l6figuh Rollerblade-founc m6( ... Olson has lai his latest bid ii�6 recreation plicion Ryan k op an offic tower Conservatory site The developer an( "Minneapolis Cbm Development ing closer to dde, give Ryan the .ti ' dealing with stu involving current iut ani 167 TOP 25 U. The top 25 pri T industrial comnan HOUSING from page I early 1990s arguing the topic. When a pro- posed townhome project aimed at low- income renters ran into public opposition in Maple Grove'in 1993, the debates became even louder, and the suburb gained a mea- sure of unwanted notoriety.': - : .. ` Maple Grove's critics argued that it was- n't alone — suburbs throughout the Twin Cities resisted the development of affordable housing, they said. At the state Capitol, law- makers used the incident to renew a push for legislation that would compel suburbs to open their doors to lower cost housing. And in 1994, when CSM first proposed building a retail and housing development at the intersection of Interstate 394 and County Road 73, Minnetonka officials wanted to make sure that some lower -cost housing was included in the project "I think Minnetonka and other suburban communities felt, at least in part because of the publicity in Maple Grove, and in part because it might ultimately be required of us, that more affordable housing should be included in new projects," said Ron Rankin, the city's community development director. CSM had originally planned on develop- ing the retail space on its own, and would place Roseville -based The Rottlund Co. Inc. in charge of building market -rate town - homes and condominiums. (There was also some discussion of including apartments designated specifically for seniors.) Instead, during the course of more than a year of negotiations, the city and the devel- oper hammered out, piece-by- piece, an agreement designed to ensure that more than half of the 400 housing units built would be geared toward low and moderate incomes. The deal Both sides had something to offer. CSM had the ability and financial backing to rede- velop an intersection Minnetonka had want- ed to transform for years. The .city had an even stronger tool — the ability to provide tax increment financing (TIC. TIF is a commonly used development tool which diverts the increased property tax revenue generated by new projects to help pay for the projects themselves. In the West Ridge case, the city made the dollars — which eventually totaled more than $8 mil- lion — dependent on CSM diversifying its housing stock. (The city has already suggested that it would use the same quid pro quo arrange- ment for other developments in the future. Minnetonka based Opus Corp., for instance, is considering pursing an office park across the street from West Ridge, and the develop- er has aheady been informed that it won't have access to TIF unless it includes an affordable housing component in the pro- ject) "We said, `You get no tax increment financing unless there's affordable housing,' , said Minnetonka Mayor Karen Anderson. The development, which originally entailed simply a set of market-rate town- - homes and condominiums, slowly grew in scope, with each addition containing some element designed to make it more afford- able. CSM and Rottiund agreed, for instance, to make sure that 24 of the 104 townhomes would be priced below $95,000; another 66 will be priced below $115,000.. Other elements of the project are designed for residents with significantly lower incomes. A 46 -unit apartment build- ing has been earmarked for senior citizens with incomes below 30 percent of the Twin Rich Leibold, right, shows Della Lemp a CSM- developed unit in the West Ridge Market project In Minnetonka. " Cities' .median, for instance. And another 64 -unit apartment building will contain six units designated for public housing recipi- ents, some of whom will move from a north Minneapolis housing complex. And each of the affordable housing com- ponents, in turn, was designed so that some of the costs would be defrayed by govern- ment subsidies or loans. For participants on both the public and private sides, the process was wearying. Each subsidy or loan program carries its own set of restrictions and conditions. The low -cost senior housing project, for instance, must remain owned by a nonprofit group, or the forgivable loan used to finance it will come due. Each program also often filtered through more than one public agency before it could be approved. Many of the federal dollars, for instance, are dispersed by. the Minnesota Housing Finance Agency. "I think it did get very complicated because of the mixed -use aspect of the pro- ject, and quite honestly, the large number of resources you have to marshal in order to get it done," said Rankin, the city's develop- ment director. Those complications equate to costs for the private sector, said CSM's Komberg. Even with the financial assistance provided for the development, the project is less lucra- tive for the company than a conventional retail development would have been, 'he said, although he declined to disclose the firm's projected profiL , - More important, Komberg said, was the number of man -hours CSM devoted to the development "It's the most complicated project I've ever been involved in, and the time spent on it is expensive," he said New incentives Decidedly less complex affordable hous- ing projects are now being bandied about through the metro area. A legislative com- promise in 1995 resulted in a law that rewards suburbs that diversify their housing CrtyBusiness X12, stock but doesn't penalize the ones that i don't. Close to 100 communities have signed on. Many of those tides, in tun, are using one or another of the subsidizing strategies employed at West Ridge. In Eden Prairie, for instance, the city encourages the devel- opment of projects that qualify for federal tax credits, and is willing to earmark TIF for ' the projects as well, said assistant city man- ager Chris Enger. "We have a lot of developers coming out to us and saying they want to do a project, and we show them possible sites," he said ' The city recently. provided a townhouse developer with a $600,000 annual TIF award fora 32 -unit rental townhome project, he said. Eiger said the city needs to dangle finan- , cial assistance in front of developers in order to entice diem to build affordable housing. On the other hand, he said, developers that build cheaper housing can count on the demand for their product "If you're a market -rate builder and you've got a market, it's a lot less brain damage to just build apartments and just rent at market prices," he said. "But if the market is soft, it's safer to do the affordable units, ' ' because you're generally going to rent 100 percent of them' In fact, vacancy rates for rental housing in the Twin Cities are at historic lows for all segments, said John Appert, executive vice president. of Apartment` Search Inc., . Bloomington. Appert, whose fain deals only with market -rate properties, said rates are now below 3 percent Affordable housing, Y" he said, is even hard to find "If you look at lower income projects, it's projects run less than 10 percent per. real tight, it's a real problem," he said .:; less than half of what his company earns on Not all developers say they need financial the more expensive homes it builds, he said incentives to build cheaper housing. Al Block, . But he said the film finds it worthwhile to of the Westchester, IIL -based Town & Country pursue the niche because few others do Homes, says his firm can build townhomes for . "If you can do enough of these kinds of less than $120,000 without help. communities and do more than one or two 'a Block, who heads Town & Country's year, at the end of the year you still have a Minnesota division, said margins on those, pretty good profit, he said ■ ' 1 F Ll TUL -17 -96 WED 15:03 KATZ ANAL`fTICAL SERVICES 61 701 F.01 QQ�Q Av Fax Message'" To: Bob Generous and Distribution List (See Below) City of Chanhassen Fax: 937 -5739 From: Lu Ann Sidney Tel: 474 -3835 (H) Fax: 474 -5001 (H) Subject: Removal of Fencing on Northern Border of the Fisher Property Date: July 17, 1996 I Dear Bob: Total Number of Pages: 1 Yesterday, a number of the smaller fence posts were removed from the barbed wire fence on the northern portion of the Fisher property, leaving the barbed wire draped between a few larger posts that are approximately 100 ft. apart. The neighbors are very concerned because the barbed wire is difficult to see in the surrounding tall grass and presents a serious safety hazard to children in the neighborhood. Does this action constitute Commencement of Construction according to any City of Chanhassen building codes? If so, can Mr. Fisher do this without an approved subdivision plan? ' I took forward to your response and to your attention to this matter. ' Sincerely, ' Lu Ann idn S ey L, cc: Mayor Don Chmiel ' Councilman Mike Mason Councilman Steven Berquist Councilwoman Colleen Dockendorf Councilman Mark Senn � � , :E `, . -• „fit Subject: Removal of Fencing on Northern Border of the Fisher Property Date: July 17, 1996 I Dear Bob: Total Number of Pages: 1 Yesterday, a number of the smaller fence posts were removed from the barbed wire fence on the northern portion of the Fisher property, leaving the barbed wire draped between a few larger posts that are approximately 100 ft. apart. The neighbors are very concerned because the barbed wire is difficult to see in the surrounding tall grass and presents a serious safety hazard to children in the neighborhood. Does this action constitute Commencement of Construction according to any City of Chanhassen building codes? If so, can Mr. Fisher do this without an approved subdivision plan? ' I took forward to your response and to your attention to this matter. ' Sincerely, ' Lu Ann idn S ey L, cc: Mayor Don Chmiel ' Councilman Mike Mason Councilman Steven Berquist Councilwoman Colleen Dockendorf Councilman Mark Senn JUL -17 -96 WED 08:10 AM TOWN & COUNTRY FAX NO, 9253799 TOWN C (91R6 HOME Minnesota Division Fax #: (612) 925 -3799 Telephone #: (612)925 -3899 FACSIMYLIE TRANSMISSION FORM Date: " -4 Company: r �` /t -��+w► rirl Fax #: , "; _,� J , From: i if+ Number of pages ineJuding this cover sheet: P. 01/02 6800 France Avenue South • Suite 170 • Edina, MN 55435 JUL -17 -96 WED 08:11 AM TOWN & COUNTRY FAX N0, 9253799 P,02/02 '�3 - 7 - 45 i �"� rer (ujo�L) fin,, C � ! �' t' C iii . . lu /q 111 6L 4'd r ( l� l 1 r f 1 c 3,:28 r 31-7 9 1 C i ',UL. /A N N�E: — .3` i 3 Y76 /674 JUL -08 -96 MON 04:37 PM TOWN & COUNTRY FAX NO. 9253799 P.01/01 posur Fax Note 7672 ^� No. of Page- Today's C S � Tna 3� Company Lortion Location 11-0 4�p? Dep Chgt .. ........... ..... c Fax # rolophonE Fax Telephone S # .....i ....` � �. �i� - l °°► �,� ............ � ZS � "�j�1 �l # Comments Original Uostroy tieturn Call for pickup Disposition: 1 .. TOWN 9WY HOMES 1 Mi lmesota Division July 8, 1996 City of Chanhassen Attn: Kate Aanenson 690 Coulter Dr Chanhassen, MN 55317 Dear Kate With this letter Town & Country Homes is requesting a continuation of the .review of our proposed townhome community, located at the corner of Lyman Blvd. & Galpin Blvd for one month, to the City Council meeting of August 12. We propose to work with the surrounding neighbors during the interm time prior to the hearing before the City Council in August through additional neighborhood meetings. Sincerely, Robert P. Smith Vice President of Land Development 1 t J June 30, 1996 ' Mr. Don Chimel 7100 Tecumseh Lane Chanhassen, MN 55317 ' SUBJECT: A Vote in FAVOR of the Town & Country Development Proposal ' REFERENCE: Proposed Re- zoning and Development at NW Corner of Lyman and Galpin Boulevard - Agenda Item for City Council Meeting, 7/3/96 ' Dear Mr. Chimel: I am sure you and the other members of the Chanhassen City ouncil have received man letters tY Y from some of the area homeowners regarding the above mentioned proposal. This letter, however, ' is to advise you that Nve, along with some others we have spoken with in this area, feel that the proposed development plan is a good one and should be approved We have lived in Chanhassen for about 1 -1/2 years in Trotter's Ridge and recognize that the city is rapidly growing and careful consideration must be made to how this growth is managed. This property is directly behind our house, and although it would be lovely if it were never developed or ' rather developed in single family homes, this neighborhood needs to be realistic and comply with what the City needs to meet their various housing goals. ' Town & Country has modified their plans several times to accommodate the various homeowners in Trotter's Ridge. We have attended all neighborhood meetings and they have asked for input and modified the plan to meet neighborhood objections. Town & Country seems to have made a real ' attempt to try to save as many of the mature, 50 to 100 year old oak trees as possible and leave the rolling landscape in its natural form. The City Council and Planning Commission should continue to work with the developer to insure that these plans continue to be improved with these objectives. ' Several of the homeowners have stated in previous public planning meetings that they would prefer this proposed site be zoned Industrial/Commercial, rather than allow for medium density housing. However, this obviously sounds like a "red herring" only to stop this particular proposal. A more real argument is the concern that these proposed homes are "entry level" and may reduce the value of the existing homes in Trotter's Ridge. But, based on the fact that this property is unique in it's tree population and rolling acreage, it is much better suited for some form of housing, rather any Industrial/Commercial use. The only concern we have is with regard to the wetland areas. Not only should they be preserved, but possibly enhanced for the many species of birds, turtles, and other wildlife who use this wetland. I have a documented nature journal which identifies over 35 different species of unique animals and birds who use this wetland area. This is a very, unusual area for wildlife particularly with the specific birds in the area, which has been confinned by some local wildlife organizations I have consulted. Therefore, we would ask that this natural wetland area be preserved as best as possible in conjunction with this new development. II Page 2 In a related issue, you probably have heard that the wetland in the northwest corner of this property was drained recently by the land owner (John Fisher) without any notice to anyone in this neighborhood, the developer, or the staff of the City and County Wetland Conservation Watch. , This affected the physical property of other homeowners, just not the property of John Fisher. This wetland was originally a low water to sometimes near dry wetland, but a year ago a culvert on the Fisher property was closed, which allowed the water to rise up to about 4 feet deep and created , a beautiful pond for the wildlife. Mr. Fisher has since make a small attempt to close the culvert, to restore the wetland, but water is still draining unnaturally to another pond about a 1/4 mile away in Chaska. As part of the proposal, Town & Country has planned to restore this wetland and. possibly add additional controlled water pond areas to improve the area. This approach appears to be good one for all of us. The reason I raise this issue is that IF the City of Chanhassen decides NOT to approve the Town & , Country development proposal, we have reason to believe that 1) there will be no proper resolution to the draining of this wetland area, and 2) some concerns raised by others involved in this proposal as to what Mr. Fisher may do to further damage this property in retaliation to the area ' homeowners who were objecting to the development. Please, please consider this development carefully along with the issues I have raised in this letter. ' It might be the best possible solution for everyone because ... ... the City can obtain a good tai: base , ... the City can meet medium density housing goals ... the property can be developed with hopefully minimal damage or change in its , natural beauty ... the homeowners in Trotter's Ridge can get on with more important things in their lives ... the land owner can sell the property to meet financial goals , ... the City can put this ongoing property issue to rest Please feel free to call us at our home or at our offices if you wish to discuss any of these concerns or comments in more detail. Otherwise, we hope that you vote YES on this issue at the upcoming , City Council meeting on July 8, 1996. Respectfully, , Arvey Marle e Eeg , 2479 Bridle Creek Trail Chanhassen, MN 55317 Our home # 612- 361 -6494 Marlene's office # 612- 831 -5551 Arvey' office # 612 - 828 -6440 , Date: id Dear Councilperson /Mayor: I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge you to vote NO on the approval of the proposed Town & Country Homes First Edition. Sincerely, Az L ignature m;C t\au %k -kjW'. Print Name 22 '11 7 G liro Lgi Address Date: 6 Z S__L Dear Councilperson /Mayor: I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge you to vote NO on the approval of the proposed Town & Country Homes First Edition. Sincerely, Signature 2L22122,2 &, Print Name Address C �v 5 / 57Y317 t Date: to Z y� Dear Councilperson /Mayor: I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. 1 urge you to vote NO on the approval of the proposed Town & Country Homes First Edition. zz Print Name Z, r n cf � � U� Address Date: 61 - q !a _ Dear Councilperson /Mayor: t>.ti cuMioc- I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge you to vote NO on the approval of the proposed Town & Country Homes First Edition. Address Chcuil hasse l 14ti 5,53/7 Date Dear Councilperson /Mayor: 4NDA./ C4nv1&_L I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge you to votQ'N0 First Edition. ncerew, ks of the proposed Town & Country Homes lva /�C y I Q(%d oa �(� Print Na �e c O?V Sal Rr i d / " k - T, : / Address O/ ha , I&I 55-30 Date: 2 Dear Councilperson /Mayor: I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge XRu to vote NO on the approval of the proposed Town & Country Homes First Edition. Sincerely, t - J i6 4(6 77 Z nature -� IVe 62 Print Name - 7 6eI&E- O&Ce_ 1,6*L, Address Dear Councilperson /Mayor: Date: Z q'i �'° I am opposed to the proposed development of 140 townhouses by Town & Country Homes on the northwest corner of Galpin and Lyman Boulevards. I believe the complex of six- and eight -unit buildings will severely detract from the aesthetics of the neighborhood and cause irreparable damage to the natural environment of the area. I urge you to vote NO on the approval of the proposed Town & Count ry Homes First Edition. Sincerely, ' Signature ' Print Name Address r 5 0 Vv, f C PKI w �;� June 15, 1996 Dear Councilperson/Commissioner We are new residents to the City of Chanhassen, living'at 2491 Bridle Creek Trail in Trotter's Ridge, who oppose the proposed Town and Country First Addition at the corner of Lyman Road and Galpin Boulevard. We voice our opposition to this project for several reasons. Our home, although it was a large step for us, is one of the smaller in our development. We chose this lot specifically for the type of neighborhood it afforded. And yet, the proposed project is for units at 35 percent of the value of our home. The price disparity drops to as little as 20 percent of the value of some homes owned by our neighbors. The soil on our lot consists mainly of clay. We have a berm to the west of us, between our lot line and Lewis Engineering. It is essential that our lot, and several others to the north of us, be able to drain into the wetland area that is, as the current plan shows, to be filled in. With a proposal of 140 units at values as low as $85,000, there will simply be far too many people who are short-term residents, not having the long -term commitment to their property and/or neighborhoods. Crime, currently non - existent, will be a factor. Past history has shown there to be toxic substances on the proposed development property. What has happened to study their whereabouts and/or removal of them? What has been done to study the effects of filling in the wetland and drainage of the surrounding areas? We urge you to vote No on approval of the Town and Country proposal and find a builder who is willing to put in single- family residences instead. Thank you. Sincerely, O Tom and Marcia Kladek 2491 Bridle Creek Trail n Chanhassen, Minnesota 55317 1 June 17, 1996 Dear Councilperson/Commissioner: I am strongly opposed to the proposed development of the property at the corner of Lyman Road and Galpin Boulevard in Chanhassen. The Town and Country First Addition will not enhance or benefit the community or neighborhood in any way. The VESTED INTERESTS of the Trotter's Ridge residents MUST be considered. We have built upper bracket homes in the city contributing a considerable tax base. The value of our properties and the integrity of the neighborhood MUST be maintained. VOTE NO ON THE TOWN AND COUNTRY FIRST ADDITION! I will be checking your decision on this matter and WILL NOT VOTE FOR YOU in the next local election IF YOU CHOOSE IN FAVOR OF Town and Country's planned development. Sincerely, 2460 Bridle Creek TrNk Chanhassen, MN 55317 (612) 361 -6300 June 17, 1996 Dear Councilperson/Commissioner: I am strongly opposed to the proposed development of the property at the corner of Lyman Road and Galpin Boulevard in Chanhassen. The Town and Country First Addition will not enhance or benefit the community or neighborhood in any way. The VESTED INTERESTS of the Trotter's Ridge residents MUST be considered. We have built upper bracket homes in the city contributing a considerable tax base. The value of our properties and the integrity of the neighborhood MUST be maintained. VOTE NO ON THE TOWN AND COUNTRY FIRST ADDITION! I will be checking your derision on this matter and WILL NOT VOTE FOR YOU in the next local election IF YOU CHOOSE IN FAVOR OF Town and Country's planned development. Sincerely, 2460 Bridle Creek Trail Chanhassen, MN 55317 (612) 361 -6300 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Mr. Gregg Downing Environmental Quality Board 658 Cedar Street St. Paul, MN 55155 Dear Mr. Downing: This letter is to formally notify you that on July 8, 1996, the City Council on a vote of 4 -0 moved to deny the petition for an Environmental Assessment Worksheet for Town and Country Homes subject to the findings in the staff report dated July 2, 1996. Should you have any questions, please feel free to contact me. Sincerely, l� Robert Generous, AICP Senior Planner RG:v i f 1 ' city of eagan 7- DON ASHWORTH CITY OF CHANHASSEN P.O. BOX 147 CHANHASSEN, MN 55317 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members 0 THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk Dear Don: Congratulations on thirty years for your recognition for this pleasure to know you and woe profession. I am continuously insight and your approach to again. in local government management and service by ICMA. It has been a -k with you since I entered the impressed by your knowledge, your the profession. Congratulations Sincerely, HECEI ED JUL 0 2 1996 CITY OF CHANHASSEN MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAG EAGAN, MINNESOTA 55122 -1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681 -4600 PHONE: (612) 681 -4300 FAX: (612) 681 -4612 Equal Opportunity /Affirmative Action Employer FAX: (612) 681 -4360 TDD: (612) 454 -8535 TDD: (612) 454 -8535 i July 8, 1996 Mr. Donald Ashworth, City Manager City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 Dear Don: Congratulations on being recognized by ICMA for completing 30 years of service to local government. Your personal contributions and achievements in the advancement of city management /administration are commendable. As you reflect on your years of service, savor this milestone in your career. I hope you will have the opportunity to receive your award in person at the 82nd Annual Conference in Washington, D.C. this fall. As a colleague and friend, I just wanted to take this opportunity to acknowledge this special occasion. armest regards, Robert A. Erickson City Administrator RAE: ss RECEIVED JUL 0 9 1996 CITY OF CHANHASSEN City of Lakeville 20195 Holyoke Avenue • Lakeville, MN 55044 • (612) 985 -4400 • Fax 985 -4499 Recycled paper, soy ink I ' Your Neighborhood Bulkier June 19, 1996 Mayor Don Chmiel City Council Members Don Ashworth, City Manager City of Chanhassen 690 Coulter Drive Chanhassen, N4NT 55317 Re: Boley Property Concurrent Detachment and Annexation Dear Ladies and Gentlemen: On behalf of Lundgren Bros. Construction, Inc. I would like to extend to you our sincere thanks and appreciation for the extra effort that was put forth by the City in helping Phone 612.473.1231 Lundgren Bros. create a better neighborhood by the relocation of the municipal boundary Fax 612.473.7401 in your City. Without the cooperative effort of your staff and willingness by the City 935 East Wayzata Boulevard Council to pursue positive solutions, this concurrent detachment and annexation would Wayzata, Minnesota 55391 not have taken place. Builder License No. 0001413 With your cooperation on this matter you have demonstrated your commitment to a quality public and private relationship. As a result, it is a pleasure to do business with your City. Again, thank you very much and we look forward to working with you again. Very truly yours, Terry M. Forbord Vice President TMF:bw cc: Kate Aanenson, City Planner Bruce Malkerson i Mayor Don Chmiel City Council Members Don Ashworth, City Manager City of Chanhassen 690 Coulter Drive Chanhassen, N4NT 55317 Re: Boley Property Concurrent Detachment and Annexation Dear Ladies and Gentlemen: On behalf of Lundgren Bros. Construction, Inc. I would like to extend to you our sincere thanks and appreciation for the extra effort that was put forth by the City in helping Phone 612.473.1231 Lundgren Bros. create a better neighborhood by the relocation of the municipal boundary Fax 612.473.7401 in your City. Without the cooperative effort of your staff and willingness by the City 935 East Wayzata Boulevard Council to pursue positive solutions, this concurrent detachment and annexation would Wayzata, Minnesota 55391 not have taken place. Builder License No. 0001413 With your cooperation on this matter you have demonstrated your commitment to a quality public and private relationship. As a result, it is a pleasure to do business with your City. Again, thank you very much and we look forward to working with you again. Very truly yours, Terry M. Forbord Vice President TMF:bw cc: Kate Aanenson, City Planner Bruce Malkerson 1 I RE: T.H.212 Toll Road Proposal ( / I y KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337 -9300 Facsimile (612) 337 -9310 Dear Carol: Thank you for the opportunity to discuss the toll road proposal with you at the Taste of Chaska event in Chaska recently. As I told Luke Melchert later, it is good to have an opportunity to discuss those issues face -to -face whenever possible. I was happy to have you clarify the remarks attributed to you by the Chaska Herald in your recent speech to the Chaska Chamber of Commerce. From the Herald article, I was afraid that you were opposed to the 212 project being financed as a toll road, even if that is the only method available to finance it. From our discussion at Taste of Chaska, it is my understanding that you think that we should continue with our efforts to finance the project as a toll road. However, you believe that there is a good chance that the Republican Party will take control of both houses of the legislature in the next election and that if that happens, you anticipate being in the position where you ill have ood opportunity l deliver he legislative on g re > > required fo r t .n.tire y_L w_ -- a. a ga oppor.ar..., to he - Jr de t t. b . qa:r... o the e 212 project. As I understood your remarks, you said that, if you haven't secured legislative bonding of the entire 212 project by February 15, 1997, you will understand the need for and accept toll financing of the 212 project as being the only means by which the 212 project can be financed in the reasonably foreseeable future. Thank you for your efforts on behalf of construction of a new highway 212 and the Chaska community. Very truly yours, Robert J. Lindall cc: Luke Melchert ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337 -9219 June 1 1 7, 996 Rep. Carol Molnau State Representative_ 495 Pioneer Trail Chaska, MN 55318 I RE: T.H.212 Toll Road Proposal ( / I y KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337 -9300 Facsimile (612) 337 -9310 Dear Carol: Thank you for the opportunity to discuss the toll road proposal with you at the Taste of Chaska event in Chaska recently. As I told Luke Melchert later, it is good to have an opportunity to discuss those issues face -to -face whenever possible. I was happy to have you clarify the remarks attributed to you by the Chaska Herald in your recent speech to the Chaska Chamber of Commerce. From the Herald article, I was afraid that you were opposed to the 212 project being financed as a toll road, even if that is the only method available to finance it. From our discussion at Taste of Chaska, it is my understanding that you think that we should continue with our efforts to finance the project as a toll road. However, you believe that there is a good chance that the Republican Party will take control of both houses of the legislature in the next election and that if that happens, you anticipate being in the position where you ill have ood opportunity l deliver he legislative on g re > > required fo r t .n.tire y_L w_ -- a. a ga oppor.ar..., to he - Jr de t t. b . qa:r... o the e 212 project. As I understood your remarks, you said that, if you haven't secured legislative bonding of the entire 212 project by February 15, 1997, you will understand the need for and accept toll financing of the 212 project as being the only means by which the 212 project can be financed in the reasonably foreseeable future. Thank you for your efforts on behalf of construction of a new highway 212 and the Chaska community. Very truly yours, Robert J. Lindall cc: Luke Melchert RJL101882 TH195 -1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Phillip Elkin, Water Resources Coordinator �v DATE: July 8, 1996 SUBJ: Met Council Grant for the Bluff Creek Watershed Plan At its June 27, 1996 meeting, the Metropolitan Council awarded the City of Chanhassen a grant of $100,000. This money will be used for the implementation of the impending Bluff Creek: Watershed Study. Projects are expected to include wetland restoration, land acquisition, corridor establishment and protection, but are yet to be determined. Staff applied for the Metropolitan Council's Twin Cities Water Quality Initiative Grant in January 1995 for the planning and implementation of the Bluff Creek Watershed Study. Conditional approval of the grant was received last year; however, the money was lost when the Bluff Creek Watershed District failed to meet requirements. This is the third year of a five -year program to fund non -point source grants for innovative projects within the Twin Cities. The Bluff Creek Watershed Study is currently in its final revision and should be presented to the Planning Commission for approval in late September. c: Charles Folch, City Engineer City Council Admin. Section (7/22/96) SWMP lE -2 g:\ eng \phillip \bluffck\metcgmt2.cc 1 � ' i �I u J P _J F, �ilbox: /C %7C/Program %2 ... astrocorp.com &number - -42 r 1 mailbox: /C %7C/ Program% 20Fil es/ Netscape/ .... LAA21399 @astro.astrocorp.com &number - -42 Subject: Astrocom newsletter text Date: Mon, 15 Jul 1996 11:48:55 -0500 From: Valentina Plant <tplant @astrocorp.com> To: Don Ashworth <don @ci.chanhassen.mn.us> Don, thanks for talking with me about your relationship with incNet. What follows is the text of an article I'll be placing in our newsletter, expanding into a Application Report, and also issuing as a press release to Mpls /St. Paul press and nationwide high tech circulation. Please approve by return email or indicate changes. Thanks! incNet, Inc. Bases Statewide Internet Service on Frame Relay with Astrocom In Eden Prairie, lush green grass (prairie grass, of course) flourishes under a hazy sun. Cottonwood fluff drifts through the air and collects along curbs like another white phenomenon we're trying hard to ignore for a few more months. The thrum of cars on the Crosstown freeway blends with the merry chatter of sparrows. Ah, Minnesota summer. Don't let this rustic calm fool you. Less than a dozen meters away, inside incNet's office suite, you'll find a flurry of electronic activity. Quietly absorbing hit after hit on the dozens of web sites it hosts, a DEC Alpha web server stands alongside SUN Sparc counterparts. Halfway up a six foot equipment rack, Astrocom NX1 CSU /DSUs silently support incNet's critical frame relay network. "Three years agog our original business plan called for us to help businesses take full advantage of the Internet," explained Don Nelson, incNet's marketing manager. incNet's staff soon found that in order to help businesses, they needed to extend their expertice and bring rural Minnesota telcos up to speed on the Internet. They did so by providing network consulting, installation, and training services, and this continues to be a large part of incNet's business. Using their broad experience, incNet answered customer demand for superior Internet service by establishing ' itself as an ISP serving a growing commercial customer base with its own frame relay network. Today they're addressing some interesting niches. a "When prospective tenants interview commercial properties managers, they're starting to ask, 'Do you have Internet access ?' It's becoming as vital a consideration as looking for shared secretarial support," said Nelson. Office Centers, an executive office suites management company, recognized this service as a differentiating competitive advantage. After incNet installed Internet access for several tenants in their City West executive office suites, Office Centers hired them to wire the Union Plaza building in downtown Minneapolis, a five -story historical renovation project officing 250 people. incNet configured the wiring such that all tenants can easily install any speed service -- from dial -up through T1 and frame relay. Office Centers currently manages two floors of the building, and incNet is confident a majority of tenants in the remainder of the facility will also, require access. By installing a hub on each floor, joined to a fiber optic backbone, supporting additional subscribers is about as simple as plugging an Ethernet cable into the tenant's PC. "Think of the Internet as a utility, just like your phone or your lights. It's a shared resource," said Jason Baker, incNet's lead engineer. incNet I f 3 07/17/96 11:00:04 mailbox: /C %7C/ Program %2 ... astrocorp.com &number - -42 mail box: /C %7C/ Program% 20Files/ Netscape/ .... LAA21399 @astro.astrocorp.com &numberI hopes to partner with contractors to install Internet access on new construction at the same time as other standard wiring. Astrocom NX1 and 2364 CSU /DSUs play a vital role in incNet's state -wide deployment. "We selected Astrocom as our CSU /DSU vendor because they adhere to standards and they stay current with technology," said Nelson. "But support is the key issue. We're serving businesses, not residential users. For that we need the high -end, reliable equipment and excellent support Astrocom provides." Said Baker, "We had one unit supposedly go bad. When we called Astrocom's tech support, they said to drop it off, they'd have a new one ready for us. It was no problem. I couldn't get that kind of service from another vendor." And that's important, because, he emphasized, "It's one thing for a residential customer to lose a connection. It's another thing for a whole office building to go down." Another niche incNet serves comprises city governments and chambers of commerce. Said Don Ashworth, city manager for Chanhassen, Minnesota, "In.cNet has shown the city how we can work with local businesses to promote work back within the city and how those businesses can become part of the larger community." By listing local companies and community groups on a city's home page and providing hotlinks to their web sites, the city provides a powerful tool for increasing commerce. As a provider of integrated Internet solutions to corporate users, incNet combines leading edge products and technical solutions to maximize customers' return on investment. incNet takes a systematic approach to working with organizations to develop an Internet strategy that incorporates the appropriate type of Internet connectivity and services with an organization's existing LAN /WAN information networks. They offer dial up links, dedicated 56 kbps, T1, fractional T1, and frame relay connections, and provide the hardware, software and engineering necessary to ensure the customer's connection is fully functional from day one. Although they offer a full range of service connections, Baker prefers flame , relay for several reasons: "It's inexpensive, stable, supported by most manufacturers, and we expect to see it grow to T3 speeds. There's great potential for integrating it with ATM in the future." For more information, contact Don Nelson at incNet by email at dnelson@incnet.com, by phone at 612- 943 -3946, or by fax at 612 - 942 -6128. You can visit their Astrocom - powered web site at www.incnet.com and link to client sites they host including the award winning Bank of Elk River (www.the- bank- er.com), the Bloomington Chamber of Commerce (www.bloomington - chamber.com), the city of Chanhassen (www.ci.chanhassen.mn.us), and an online yellow pages system for the cities of Brainerd and Cross Lake (www.brainerd.net /yellowpages), which they developed in cooperation with a Minnesota -based publisher. - -VP Regards, *`Valentina Plant * Support: (800) 669 -6242 )f • Marketing Manager * Voice (612) 378 -7800 Y, • Astrocom Corporation * Fax (612) 378 - 1070 • 2700 Summer Street N.E. * e -mail tplanteastrocorp.com • Minneapolis, MN 55413 -2820 * URL http• / /www.astrocorp.com 2 of 3 07/17/96 11:00:1 July 15 1996 ee � JUL 17 RECD CITY OF CHANHASSEN To Chanhassen City Council Members: I would like to congratulate Chanhassen's City Council and Town & Country Homes for their stance on affordable housing. I hope and pray their "action plan" is successful. I know it takes courage to oppose the "Tisdale's" who are so afraid of what the "Beverly Hillbillies" will do to their neighborhood. If Mr. Cavanaugh is so con- fused by this "socialist mentality" he might be informed it is a direct response to his elitist and separatist philosophy and actions. Where would the Trotter's Ridge neigh- bors like those who build their houses and provide their services ( ie. city, schools) to live? They might even have some friends who do that sort of thing. The Trotter's Ridge neighbors got no class! 1 Sincerely, S4 1 4 0%_q,i < q , , Metropolitan Council Working f or the Region, Planning for the Future July 15, 1996 Mr. Robert Generous City of Chanhassen P.O. Box 147 Chanhassen, MN 55317. RE: Regional Transit Capital Funds Applications - Competitive Selection of Awards for the year 1996 Dear Mr. Robert Generous: RECEIVED JUL 17 RECD CITY 01= CHANHASSEN The selection process for the above project has been completed by the Metropolitan Council. The following are results relating to application(s) submitted by your organization: Project Name: Lake Drive East Regional Dollars Requested: $190,000 i Final Results: funded Competitive selection of applications for funding was based on the recommendations of the Regional Transit Capital Evaluation Committee and subsequent approval by the Metropolitan Council. As the resources available for funding regional transit capital improvements have been very limited, it was not possible to fund all application requests. We hope that during the 1997 legislative session additional funding resources will be made available allowing us to solicit applications for this competitive selection process next year as well. We thank you for participating in the process and hope you would avail of the opportunity to seek funds through this process next year. All applicants are invited to attend a debriefing session at the Mears Park office of Metropolitan Council on Monday, July 29,1996 at Room 2A between 2:00 p.m. and 3:30 p.m to discuss respective grant agreements, funding schedules etc. If you have questions, please call me at 229 -2722 or V.R. Sridhar at 229 -2756. Sincerely, " � Mark W. Fulrmann; Evaluation/Implementation Manager, Office of Transportation and Transit Development n 230 East Fifth Street St. Paul, Minnesota 55101 -1634 (612) 291 -6359 Fax 291 -6550 - fDD /TrY 291 -0904 Metro Info Line 229 -3780 An Equal Opportunity Employer 1 1 1 KENNEDY & RAVEN CHARTERED ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337 -9219 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337 -9300 Facsimile (612) 337 -9310 July 11, 1996 Fax: 937 -5739 Don Ashworth, City Manager City of Chanhassen PO Box 147 Chanhassen, MN 55317 -0147 Charles Folch, City Engineer City of Chanhassen PO Box 147 Chanhassen, MN 55317 -0147 Fax: 448 -9300 David Pokorney, City Administrator City of Chaska One City Hall Plaza Chaska, MN 55318 -1962 Bill Monk, City Engineer City of Chaska One City Hall Plaza Chaska, MN 55318 -1962 Kermit Crouch Director of Planning City of Chaska Fax: 361 -1025 Roger Gustafson, County Engineer Carver County Courthouse Chaska, MN 55318 Dick Stoltz, County Administrator Carver County Courthouse Chaska, MN 55318 Fax: 296 -3311 Adeel Lari Director Office of Alternative Transportation Financing MN Department of Transportation 395 John Ireland Blvd. Mail Stop 440, Room 211 St. Paul, MN 55155 -1899 Fax: 292 -4400 Darrell Berkowitz Toltz, King, Duvall & Anderson Piper Jaffray Plaza, Suite 1500 444 Cedar Street St. Paul, MN 55101 -2140 One City Hall Plaza Fax: 339 -0854 Chaska, MN 55318 Gene Ranieri Ehlers & Associates 2950 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4100 RE: TH212 Toll Road Development Agreement (Draft 3) Gentlemen: RECEIVED j JUL 121996 TH1955 -1 CITY OF CHANHASSEN July 11, 1996 Page Two This will confirm the scheduling of a joint meeting among all of us to discuss the 212 toll road proposal and issues which you may have relating to it. The meeting has been scheduled for July 25, 1996 beginning at 9:00 a.m. at the Chanhassen Recreation Center annex to Bluff Creek Elementary School at the southeast corner of Galpin Boulevard and TH5. Thank: you for your cooperation in reaching agreement on a time for the meeting. Ve ly yo , Robert J. Lindall RJL:ds cc: 212 Community Highway Association Board of Directors cc T-O aL t!!� Yi J4 C �Xj I RJL107285 TH195 -1 t July 16, 1996 Mrs. Ann O'Neill 6830 Utica Circle Chanhassen, MN 55317 Dear Mrs. O'Neill: CITY OF CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I apologize for the delay in responding to your letter in regards to a frontage road to Lake Ann Park. Although a couple of hurdles still need to be crossed, I firmly believe that we will be in a position to let the contract for the frontage road construction yet this summer. The road should be in drivable condition by spring of 1997. Your letter and this response has been shared with the Mayor and City Council. Thank you again for writing. Sincerely, Thank you for your time. S Ann O'Neill RECEIVED JUN 10 g 1 96 CITY OF CHANdASSEN Ann O'Neill 6830 Utica Circle Chanhassen,MN 55317 474 -3316 To Whom it may concern, Last week I was driving East on Highway 5 from Victoria. It was about 8:30pm. I noticed that the cars at Lake Ann where backed up as far as I could see. Cars were also lined up in the parking lot waiting to get in line to exit. It was awful. In May I was at a Centennial meeting when a storm came up very quickly. I had a son practicing at Lake Ann. When I approached the park, I couldn't even get off Highway 5 going West because the traff ic was so jammed up. Over the last several years I have enrolled my children in swimming lessons at Lake Ann. Even at 12 -1 pm, it is almost impossible to get onto Highway 5 going East from the park. I usually give up and go west. This issue is very serious. Hopefully no one will get hurt before a service road is put in. The bricks on County Rd 17 look nice, but a dirt service road would be a better use of money. Thank you for your time. S Ann O'Neill RECEIVED JUN 10 g 1 96 CITY OF CHANdASSEN I I July 15, 1996 Orr schelen 0MSX=1nc. I'5�'alC, c0 Cc- Act m i ri TLk 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416 -1228 612 - 595 -5775 1- 800 - 753 -5775 FAX 595 -5774 Lake Riley, Lake Susan, and Lyman Boulevard Area Residents Chanhassen, MN Re: Resident Update Letter No. 8 Lake Riley Area Trunk Utility Improvements and Lyman Boulevard Reconstruction, Chanhassen, MN City Project No. 93 -32B OSM Project No. 5183.00 Engineers Architects Planners Surveyors Dear Resident: We would like to update you on the status of the above - referenced p roject as i a p y p � t o ects you and your neighborhood. OSM & Associates, Inc., the City of Chanhassen, and RKI, Inc., would also like to thank everyone for their ongoing patience with this project. Lake Riley Boulevard South of Lyman Boulevard: This area is now being restored. Restoration includes finish grading (including placement of top soil along pavement), matching existing driveways with the roadway, sodding and seeding, and restoring miscellaneous items. Storm sewer improvements through the Sunnyslope Addition area are contributing to the delay of installing the watermain through this area. However, water service for Lake Riley Boulevard is scheduled for late August. The final level of pavement will be placed after storm sewer and watermain work is completed. r] Lake Riley Boulevard North of Lyman Boulevard: The utilities for this portion of the project' are now complete. The contractor is currently in the process of grading the subgrade portion of this roadway. The contractor will then be placing a sand subgrade and base aggregate through this area. Paving for this portion of the Lake Riley Boulevard is scheduled for mid - August. The contractor is trying to reduce the roughness of the roadway by grading on a regular basis and utilizing water trucks (for dust control) through the dryer weather. Lyman Boulevard: The installation of utilities for this area is now underway. Sanitary sewer and watermain installation is progressing westward toward TH101. The roadway section (sand subgrade and base aggregate) will then be constructed. Storm sewer and concrete curb and gutter will follow. This roadway is scheduled for substantial completion by late August early September. RKI is committed to maintaining traffic during this roadway construction. H: \5183.00 \CM L \CORRES \071596.Res Lake Riley, Lake Susan, and Lyman Boulevard Area Residents July 15, 1996 Page 2 TH101 North of 86th Street: Installation of the watermain and sanitary sewer along this area is now complete. The watermain is also serviceable. If you need to hook -up to this watermain, please: contact the City for any necessary permits. Restoration through this area should be complete within the next few weeks. If you have any questions or concerns regarding the project, please contact us, Wayne at 595 -5736 or Dave Mitchell at 595 -5699. To talk with OSM field personnel, you may call the construction trailer at 937 -9232. Fred will be happy to meet with you at your convenience. If you do not reach us directly, please leave a voice mail message and we will return the call as soon as possible to discuss your concerns. Again, thank you for your patience during this construction period. Sincerely, ORR- SCHELEN- MAYERON & ASSOCIATES, INC. "o /" David D. Mitchell, P.E. Wayne Houle Project Manager Project Engineer c: Charles Folch -Chan. City En ineer Fred Britzius - OSM & Associates, Inc. Don Ashworth - Chan. City Manager Mayor & City Council - City of Chan. Reuben Mausolf - Richard Knutson, Inc. WH:ce H: \5183.00 \CIVIL \CORRES \0715XRes I r i t i r i i FREQUENTLY ASKED QUESTIONS ABOUT THE NEW T.H. 212 HIGHWAY 212 Community Highway Association Interwest / DLR Group Infrastructure Corporation 1W Interwest / DLR Group Infrastructure Corporation r January 1996 Dear Neighbor: The Interwest / DLR Group Infrastructure Corporation, in association with the 212 Community Highway Association, is pleased to be able to make this booklet available to you. We have made an effort to answer the most frequent- ly asked questions about a unique Public/Private Partnership that will result in the prompt completion of the highway referred to as the New'T.H. 212 Highway. Although the media has continued to follow this process and public presenta- tions have been made, "getting the word out" to everyone who might have an interest in this Project is problematic. That is why we have chosen to produce this booklet and make it available to any interested parry. We hope any questions you have relative to this Project and process will be answered in this booklet. However, should you have additional questions, con- cerns or comments, please feel free to write to the Interwest / DLR Group Infrastructure Corporation or the 212 Community Highway Association at the addresses shown below. Sincerely, Interwest / DLR Group Infrastructure Corporation 212 Community Highway Association t t n Richard L. Carr, P.E. Robert Lindall, Esq. President Chairman, Board of Directors 7600 France Ave. S. 200 South 6th Street Suite 100 .,:;.: 4.70 Pillsbury Center Edina, MN 55435 Minneapolis, MN 55402 1W Interwest / DLR Group Infrastructure Corporation PROJECT INTRODUCTION & OVERVIEW MnDOT has public funding currently approved for improvements of the 1- 494/T.H. 5 intersection and improvements on T.H. 5 to a point just west of Prairie Center Drive. MnDOT is anticipating funds will be available from current public fund ing sources to complete improvements on T.H. 5 from 1 -494 to Eden Prairie Road by 2015. No further funding for improvements is anticipated by MnDOT until after 2015... and there is no guarantee that additional funding will be any more available at that time than it is today. The Proposal by the Interwest / DLR Group Infrastructure Corporation, in association with the 212 Community Highway Association, will accelerate the planned improvements to T.H. 5 with public funding sources for those improve- ments already scheduled and budgeted ... at less cost to taxpayers, on a faster schedule and without tolls. Even more importantly, the proposed New T.H. 212 Highway will add signifi- cant new highway capacity to the southwest region far beyond what can be realistically envisioned for the area for 20 -30 years ... or more. This will be done with private financing and paid for by funds from the State and from tolls paid by drivers who choose to use this time - saving route. QUESTIONS CONCERNING THE PROJECT 1 1. Which portions of the Proposal are publicly funded and which are privately funded? We are proposing to accelerate the schedule for improvements on T.H. 5 cur - rently planned with public funding -- from I -494 and T.H. 5 to Wallace Road. Under our Proposal the public money will be paid as an annual lease, the improvements will commence by 1997 instead of 2001 or later, and the over- all cost to the State will be lower than what is currently projected. Because public funds will pay for this section, no toll will be charged. Private financing will build a new four -lane highway on new right -of -way from Wallace Road to the existing intersection of Trunk Highway 212 and County Road 147. Cost for this new highway capacity will involve limited` public funding support and will come largely from tolls paid by drivers who voluntarily choose the time - saving advantages of this route over the currently congested toll -free highways in the area. 1W Interwest / DLR Group Infrastructure Corporation 2. What is the difference between T.H. 5 and the New T.H. 212 Highway? This is a Public/Private Partnership in every respect -- a partnership between the users of the proposed new highway system, the development group and the State of Minnesota. There are two parts to the Project being considered. The first portion from I-494 to Wallace Road is publicly funded and will be com- pleted by the Developer and leased to the State. These improvements will not have a toll. The second portion of the New T.H. 212 Highway commencing at Wallace Road and proceeding southwesterly to the intersection of (County Road 147 and T.H. 212 will be designed, financed and constructed, not as improvements to an existing highway, but rather as a new highway, stem on new right- of -way As a consequence, this portion will be tolled and paid for with a combination of user fees and State funds. 3. Can you briefly describe the Project as it will be when completed? That portion of T.H. 5 included in this Project will become a six-lane freeway, and the New T.H. 212 Highway, when completed, will be a modern four -lane, grade- separated, access - controlled toll road. The New T.H. 212 Highway will be nearly identical to an interstate highway. There will not be any traffic lights, crossing traffic or backups at interchanges. 4. When will this Highway be constructed? At this time, construction is scheduled to start in the spring of 1997 and to be completed in January 2000. 5. If a toll is placed on the New T.H. 212 Highway, what impact will that have on other highways if some cars and trucks refuse to drive the New T.H. 212 Highway? It is very important to understand that the tolled portion of the improvements to T.H. 212 will be on a new right -of -way. As a consequence, anyone who prefers not to pay the toll will have the option to continue to drive on the same road that they currently travel. Every vehicle that travels on the tolled, new right -of -way will, however, reduce the congestion on the current streets and highways. 6. How long will the tolls be on the Highway? It is anticipated that the 212 Community Highway Association's Development Agreement with the State will include a provision that the tolls will be removed when the bonds sold to finance the construction are repaid. ' In an effort to keep the tolls as low as possible, we are currently considering a period as long as thirty-five years. However, the State will have the option to pay off or assume 2 t r 1W Interwest / DLR Group Infrastructure Corporation the bonds at any time the funds are available to the State and eliminate the tolls, at the original Project cost. 7. Will there be any landscaping to beautify the Highway? We believe that the efficiencies present in this Public/Private Partnership will allow the Interwest / DLR Group Infrastructure Corporation to provide land- scaping and other enhancements that will result in a Project that the citizens of this community and the State will consider a model of efficiency and, at the same time, present an attractive and pleasant corridor through the communi- ties. 8. Who will be responsible for maintenance of the Highway, and who will pay for the maintenance of the Highway? The 212 Community Highway Association will be responsible for the cost of the maintenance of the Highway. The Association contemplates that a Maintenance Agreement will be reached with the Minnesota Department of Transportation and the Highway will be subsequently maintained by the Department, yet paid for by the Association. 9. Won't the toll booths slow down traffic and create further congestion on the Highway? Most cars that regularly use the toll road will be equipped with small electron- ic transmitters and will have an established "charge account" to pay tolls. These cars will move through the toll reading plazas at normal highway speeds without a slow down of traffic. Cars from outside the area, or those who pre- fer to pay each time, will stop at a staffed toll machine /toll booth off to the side of the main traffic lanes and will not disrupt the traffic flow for regular users. Such systems are currently in use in Texas, Oklahoma, California and Florida. 10. Will landowners in the path of the New T.H. 212 Highway be dealing with the State or with a private company? Landowners, and all residents in the T.H. 212 Southwest Corridor communi- ties, will be dealing with Interwest / DLR Group Infrastructure Corporation representatives operating on behalf of the State. This means that the State s authority to acquire the land needed for projects will be available and that dis- putes over the price of value of needed lands will be decided by normal court procedures. This policy and procedure assures that landowners receive fair market value for their land, and the cost of needed public projects is fair to the public who must pay for it. 3 1W Interwest / DLR Group Infrastructure Corporation WHY A TOLL ROAD FOR THE ' T.H. 212 SOUTHWEST CORRIDOR? The advocates of the New T.H. 212 Highway believe this Proposal is the only viable option to fund, design and build new highway capacity in the southwest ' metro area in the next 15 -20 years beyond what is already funded for the next few years. The New T.H. 212 Highway capacity will not only ease access to major highways with a much less congested toll road option, it will also ease traffic on existing roads which residents can continue to use as they do today without tolls. 1. There is currently no realistic public funding formula that would allow con- struction of new highways and significantly increase capacity in the southwest region in the next 20 years. Future major highway expansions anywhere in the State will likely require some direct financial support -- through tolls --from ' the people who most benefit from the improvements. The use of tolls will enable this badly needed project to be opened to traffic years, and perhaps decades, before it could be implemented as a toll -free facil- ity. A key feature of the Public /Private Partnership will allow MnDOT to retire New T.H. 212 Highway bonds at any time funding becomes available, enabling tolls to be removed. Until that time, motorists will at least have the opportu- nity to use the new road if they choose -- a "win -win" situation. QUESTIONS ABOUT TOLL ROADS Are there any risks to local communities, property 'taxpayers or State ' income taxpayers if the Project does not receive the revenues projected by the developers and MnDOT? ' The private investors who buy the bonds that will pay for construction of the New T.H. 212 Highway know that they will be repaid only from the revenues generated by tolls from drivers using the new highway. 'The buyers of these "revenue bonds" know m* advance 'there is no other funding source, and they accept that risk. State law in Minnesota prohibits the use of general tax funds 4 1 Minnesota s Department of Transportation (MnDOT), as directed by the State Legislature, has recognized that the public has indicated little support for an increase in gas taxes and other traditional highway funding sources at a suffi- cient level to generate the revenues required to build the major highway pro- jects needed throughout the State. Revenues collected today can reasonably maintain current roads, but not expand them, according to MnDOT. There is currently no realistic public funding formula that would allow con- struction of new highways and significantly increase capacity in the southwest region in the next 20 years. Future major highway expansions anywhere in the State will likely require some direct financial support -- through tolls --from ' the people who most benefit from the improvements. The use of tolls will enable this badly needed project to be opened to traffic years, and perhaps decades, before it could be implemented as a toll -free facil- ity. A key feature of the Public /Private Partnership will allow MnDOT to retire New T.H. 212 Highway bonds at any time funding becomes available, enabling tolls to be removed. Until that time, motorists will at least have the opportu- nity to use the new road if they choose -- a "win -win" situation. QUESTIONS ABOUT TOLL ROADS Are there any risks to local communities, property 'taxpayers or State ' income taxpayers if the Project does not receive the revenues projected by the developers and MnDOT? ' The private investors who buy the bonds that will pay for construction of the New T.H. 212 Highway know that they will be repaid only from the revenues generated by tolls from drivers using the new highway. 'The buyers of these "revenue bonds" know m* advance 'there is no other funding source, and they accept that risk. State law in Minnesota prohibits the use of general tax funds 4 1 1 r C� t 11 1W Interwest / DLR Group Infrastructure Corporation -- like income or property taxes -- to repay revenue bonds. Therefore State and local taxpayers are not at risk in any way from this proposed Project. 2. Don't toll roads encourage some traffic to divert to side streets or other roads not designed for such traffic? Diversion or displacement of traffic is usually associated with placing a toll on an existing toll -free highway. This is not envisioned in the New T.H. 212 . Highway Proposal. All existing roads and highways that are toll -free today will remain free. There is already displacement and diversion occurring on existing T.H. 212 and T.H. 5 due to excessive traffic congestion. The New T.H. 212 Highway will offer an alternative for this traffic diversion, significantly expanding highway capacity in the region, and pull troublesome traffic off existing toll -free high- ways and crossroads throughout the southwest communities. Without new capacity, local traffic conditions at most major intersections are currently approaching "gridlock ". MnDOT has calculated the traffic capacity of current roads and highways in the southwest region for future planning needs. Most, if not all, existing sig- nalized and non - signalized intersections along T.H. 212 and T.H. 5 are operat- ing at forced flow (Level of Service F). One would expect that the peak peri- od will expand (45 minutes to one hour to two hours) if improvements are not made to the T.H. 212 Southwest Corridor. 3. When you say local intersections are approaching "gridlock ", what spe- cific intersections are affected? All of them. 4. If most toll collection is done by electronic monitors, how do we enforce the system and make sure everyone pays the toll? It is proposed that cars without a valid electronic identification and toll collec- tion account will be required to stop and pay a toll. Those who do not comply will have their license plates photographed automatically as they pass through the toll plaza at highway speeds. They will receive a traffic citation and fine by mail which will need to be paid before their car registrations can be renewed each year. 1W Interwest / DLR Group 1 Infrastructure Corporation THE 212 COMMUNITY HIGHWAY ASSOCIATION Since the late 1940's, there has been an active citizens' group advocating r improvement and expansion of the highway system serving the southwest region. Progress has been slow, and many say it has not kept pace with the growth and development of the growing communities in the area. The future outlook for new highway capacity improvements looks even less responsive to public needs in the region. I These local community residents have formed many coalitions and advocacy groups over the last SO years, and today those voices are represented by the 212 Community Highway Association. This not-for-profit corporation was formed to allow tax- exempt financing, which results in lower interest rates. Lower interest rates result in lowering the toll rate for those using the Highway. The Interwest l DLR Group Infrastructure Corporation, in association with the 212 Community Highway Association, submitted the Proposal for the New T.H. 212 Highway to MnDOT. The Association, with local residents and communi- ty leaders representing local concerns and priorities, will be the organization that will oversee the management and operation of the toll facility. QUESTIONS CONCERNING THE ASSOCIATION 1. Who or what is the 212 Community Highway Association? The 212 Community Highway Association was founded by a number of civic leaders, current and former elected officials and interested citizens who reside in or near the T.H. 212 Southwest Corridor. The Association was formed for the specific purpose of responding, with the Interwest / DLR Group Infrastructure Corporation, to the Minnesota Department: of Transportation's , Request for Proposals for the private planning, designing, financing, construc- tion and operation of needed transportation facilities. The Association and Infrastructure Corporation submitted a Response that involves the construction , and operation of a four -lane, grade - separated, access - controlled highway from Eden Prairie to Carver County Road No. 147 and, ultimately, to Cologne. 2. Who will own this Highway? ' As is the case of the facilities of a school district, the facilities are not "owned" by any individual, but rather by the "community" together with the State of Minnesota.. The Highway will be a. community project (like a civic center or hospital), managed and controlled for the community, through its Board of _ Directors.. r 0 1 Interwest / DLR Group Infrastructure Corporation 3. How were the Board Members selected? The Board Members are all volunteers and reside or have businesses in or near the T.H. 212 Southwest Corridor. At the present time, we have Board Members from each of the communities along the Corridor. Future Board Members may be nominated by the city councils of the impacted communities, appointed by the existing Board, or recruited through a continuation of the volunteer system. Future nominees for a position on the Board of Directors may require approval by the Minnesota Department of Transportation. 4. How much are the Board Members paid? Like any not - for - profit community association, the members of the Board of the 212 Community Highway Association serve without compensation. 5. Who are the Board Members? The Board of Directors includes several individuals who either currently or previously have held elected or appointed positions of leadership in the com- munities along T.H. 212. Others are business leaders, professionals or resi- dents who share the concern of many that a twenty year wait for the improve- ments to this highway system will have long range negative impact on the quality of life and economic stability of this area. (Please refer to the last pages of this booklet for a complete list of the Board Members.) STATE OF MINNESOTA The State of Minnesota, especially the Minnesota Department of Transportation (MnDOT), will play an important role in the proposed New T.H. 212 Highway Project. MnDOT will set all the design standards and con- struction specifications so that the Highway meets or exceeds all current safe- ty and operational standards and blends seamlessly with the existing highway and local road system. MnDOT has also dedicated a certain amount of public funding to toll road pro- jects of this kind, recognizing that some public investment can encourage and leverage much greater private investment in highway projects. This partner- ship can dramatically accelerate the pace of building needed highway capac- ity for the State under the current limitations of existing funding sources, com- pared to what could be accomplished with public funds alone. Accelerating the development of new capacity can save taxpayers money by using favorable private financing rates in current markets and. by avoiding even higher costs to complete the projects in later years. 7 1W Interwest / DLR Group Infrastructure Corporation STATE OF MINNESOTA RELATED QUESTIONS 1. What authority allows a toll road in Minnesota? On May 17, 1993, the Governor signed into law an act of the Minnesota State Legislature (codified as Minnesota Statutes Sections 160.84 - 160.94), which authorized, among other things, the Minnesota Department of Transportation and other road authorities in the State to solicit proposals for the development and operation of toll facilities. 2. 0 How was this Project selected? Over the past years, concerned citizens who reside along the T.H. 212 Southwest Corridor have been working with the local, State and federal trans- portation agencies in an effort to secure funding for the needed improvements to this transportation Corridor. On July 26, 1995, as a result of the 1993 legislation, the Minnesota Department of Transportation issued a Request for Proposals. The Request for Proposals invited firms such as Interwest Management, Inc. and other groups or organi- zations who were interested in assisting the State in planning, designing, financing and/or constructing a portion of the transportation infrastructure for the State of Minnesota to submit proposals for consideration. As a result of the State's invitation and subsequent research by Interwest Management, Inc., a series of meetings was scheduled between area residents and representatives of Interwest. In September, an agreement was reached, and a Proposal was submitted to the Department of Transportation. As of this date, the Proposal has not been "selected". Why doesn't the Minnesota State Department of Transportation build this Highway? Essentially all state departments of transportation, including Minnesota's, rely on gas tax revenue to provide the funds necessary to construct new highways and to maintain existing highways. State and federal policies require that states maintain existing highways before considering new construction. In Minnesota, the decisions regarding which new highways to construct are made principally by the State in cooperation with metropolitan and/or regional plan- ning organizations. These planning organizations and the State set priorities for new construction based on several factors, including; safety and needed additional capacity. As a result of limited funds and prior commitments, funds to complete the New T.H. 212 Highway are not expected to be available with- in the next fifteen to twenty years. In May 1995, the Metropolitan Counsel sig- nificantly scaled back the long range Transportation Plan for the Twin Cities I I n 7 U 71 I I IJ 1 C 1W Interwest / DLR Group Infrastructure Corporation area. As a result, the only portion of the New T.H. 212 Highway which is iden- tified for construction through the year 2015 is the portion lying east of Hennepin County Road 4 (Eden Prairie Road). 4. I pay my taxes, so why should I have to pay a toll to drive on this New T.H. 212 Highway? Gasoline taxes and other motor vehicle taxes are currently not sufficient to maintain the State's existing road system, much less build all of the needed new additions. The use of tolls on new segments, such as the New T.H. 212 Highway, permits the State to focus on preserving and improving the present road network, while allowing those who need added highway capacity to fund those local segments directly. 5. Why can't we just wait for the State to improve the Highway so we do not have to pay tolls? This option has been considered. However, most of the individuals who reside adjacent to the T.H. 212 Southwest Corridor have already been waiting 40 years. Many find that an additional 15 to 20 year wait, with no guarantee of funding even then, is unacceptable. Unless this or a similar proposal is imple- mented, your grandchildren could be driving this same overcrowded, and increasingly dangerous highway. A child born today may be out of college before the New T.H. 212 Highway is completed by the State. Keep in mind that building the Project today as a toll road does not preclude the Project from becoming toll free when MnDOT funds become available. 6. How much are our gas taxes, and why can't they be used to build the Highway so we do not have to pay tolls? The State's gas tax revenues are, in fact, used to build and maintain the State's highways. That tax is currently 20 cents per gallon of gasoline sold. However, as is indicated in Figure 1 which depicts Minnesota's 1994 highway revenue and expenditures, an increase in State gas taxes will not significantly impact the overall problem. 1W Interwest / DLR Group 1 Infrastructure Corporation Figure 1. 1994 Minnesota Final Highway Revenue and Expenditures. (mullions) , Revenue 1994 Actual ' Fuel Tax 463.1 Vehicle Tax 395.8 An increase of even a nickel per gallon to the gas tax (which many doubt the Excise Tax 0.0 ' Drivers License 202 for roadway replacement and expansion. If, under this allocation process, the Minnesota State Legislature were to authorize such an increase, and if all of the Other Revenue 439.0 Federal Aid 199.4 Total Revenue 15175 Uses County State Aid 264.1 ' City State Aid 76.9 Debt Service 13.8 An increase of even a nickel per gallon to the gas tax (which many doubt the Operations, Maintenance & Legislature would approve) would raise approximately $115 million per year. ' Construction Support 366.1 for roadway replacement and expansion. If, under this allocation process, the Minnesota State Legislature were to authorize such an increase, and if all of the Other Departments 62.7 Highway Improvements 338.8 Total Uses 1122A fifteen years to 12U for the New T.H. 212 Highway. ' QUESTIONS CONCERNING THE INTERWEST / DLR GROUP INFRASTRUCTURE CORPORATION 1 1. Who is Interwest Management, Inc:! Interwest Management, Inc. is a company that specializes in assisting commu- nities in planning, designing, financing, constructing and, in some situations, operating infrastructure systems. 10 I� The allocation of the revenues to the various uses is set by statute. In 1994, approximately eighteen percent of the total revenue went to highway improve- ments. ' An increase of even a nickel per gallon to the gas tax (which many doubt the Legislature would approve) would raise approximately $115 million per year. ' Under the current allocation process, this would produce $20.8 million per year for roadway replacement and expansion. If, under this allocation process, the Minnesota State Legislature were to authorize such an increase, and if all of the ' proceeds were given to the New T.H. 212 Highway Project. it would take over fifteen years to 12U for the New T.H. 212 Highway. ' QUESTIONS CONCERNING THE INTERWEST / DLR GROUP INFRASTRUCTURE CORPORATION 1 1. Who is Interwest Management, Inc:! Interwest Management, Inc. is a company that specializes in assisting commu- nities in planning, designing, financing, constructing and, in some situations, operating infrastructure systems. 10 I� i �I 1W Interwest / DLR Group Infrastructure Corporation 2. Will Interwest own this Highway? No. Interwest will not have any ownership interest whatsoever in this Highway. 3. It has been reported that the developers and/or owners of these toll roads will make a 17% to 20% annual return on the invested capital. Is this true? Our Proposal for the New T.H. 212 Highway is completely different than the other projects proposed in the metro area. The ownership of the New T.H. 212 Highway will be vested in the not - for - profit 212 Community Highway Association. Its Board of Directors consists of local citizens who serve with- out compensation. In a manner very similar to the funding of a new hospital or school, the funds to construct the Project and pay the development group come from the sale of tax- exempt bonds. There are no ongoing obligations to investors and devel- opment companies who require long -term payouts from profits. 4. What is in it for Interwest / DLR Group Infrastructure Corporation? The Interwest / DLR Group Infrastructure Corporation is responsible for the completion of the New T.H. 212 Highway. This responsibility includes the management, planning, design, financing, right -of -way acquisition, construc- tion and start -up operation of the Project. The 212 Community Highway Association will pay the Interwest / DLR Group Infrastructure Corporation an amount equal to the sum of the approved costs for each of the items required to complete the Project. Each professional, including Interwest, performing services on the Project will be paid a fee commensurate with the fees that would be paid by the State of Minnesota for work of similar complexity and scope. The reasonableness of these fees will be reviewed by an independent financial analyst and, when approved, will make up the total cost of the Project. None of these firms will have any long term financial or ownership interest in the Project. All of the tolls collected will be utilized to operate, maintain and preserve the Highway and to pay the debt incurred for its development. QUESTIONS CONCERNING SAFETY & CONGESTION 1. Won't the toll plazas create congestion? No. Don't look for long lines at toll plazas. In fact, most patrons will not even have to slow down, due to electronic toll collection. 11 1W Interwest / DLR Group Infrastructure Corporation We anticipate that most travelers will acquire the electronic device. However, for those who use the Highway on an intermittent basis or choose not to use the device, separate facilities will be provided for a manual crash payment. F1 1 2. Isn't it true that if you build more highways, more people will use them, and thus more people will move into the community? New roads do not produce traffic. Traffic is a product of population, life style and economic growth. If one were to forecast zero population growth and a declining economic future for the metropolitan area, or if "motorists" were to accept increasing delays and congestion, then one could forecast that new roads would not be needed. History and logic tell us that is not the case and is not the objective that would likely be desired. Based on the Environmental Impact Statement for this Project, gridlock is imminent at most, if not all, of the intersections along the T.H. 5/T.H. 212/169 Corridor. QUESTIONS CONCERNING PUBLIC INVOLVEMENT 1. What input can citizens have to better understand or change what the 212 Community Highway Association is doing? A series of walk -in meetings has been scheduled for February 5th, 6th, 7th & 8th in Eden Prairie, Chanhassen, Chaska and Norwood -Young America. Each meeting will start at 4 PM and continue until approximately 8 PM that evening. Each meeting will consist of a series of tables, each of which will represent a specific aspect of the proposed Project, i.e., environment, design, finance, toll road technology, etc. Individuals and families will be able to come at any time during the hours listed and visit with representatives of the Project. 2. 3. C We hope that many will attend, review what is being planned and provide ' needed input into the planning of the Project, including such factors as tolls, safety, travel while the road is under construction, wetland mitigation, envi- ronmental issues and aesthetics. Will the State Patrol still be in charge of investigating accidents and of monitoring speeding on the Highway? Yes. Will the public be able to review the contracts entered into by the 212 ' Community Highway Association? Yes. The next step after the selection of this Project by the Minnesota ' Department of Transportation will be the negotiation of a Development Agreement. This Agreement will then be forwarded to the local units of gov- ernment along the New T.H. 212 Highway and will be available for review by ' the public. 12 ' 7 I� J 1 n 1 Interwest / DLR Group Infrastructure Corporation QUESTIONS CONCERNING THE COST OF THE PROJECT 1. How much will the toll be? The final toll rate cannot be determined until the Development Agreement is negotiated with the Minnesota Department of Transportation and the Department's contribution is determined. However, it is anticipated that the toll rate will average approximately 10 cents or less per mile. Rates will vary based on a number of factors such as: distance traveled on the toll road; time of day; and frequency of use. Additional examples include: trucks using the route will pay a rate commensurate with their size measured by the number of axles; individuals with electronic toll collection devices may pay less than a user who needs to get change; senior citizens may be eligible for discounts; and school buses may travel free. GENERAL 1. I would like to learn more about the New T.H. 212 Highway improvement Project. How can I find more information or ask more questions? We invite you to attend one of the meetings scheduled for February 5th, 6th, 7th, or 8th which are being held specifically to provide an opportunity to meet with and discuss this Project with those who will be managing, planning, designing, financing, constructing and operating the New T.H. 212 Highway. In addition, we currently plan to publish a newsletter starting in February 1996. The newsletter will continue to be published throughout the development of this Project. Please fill out the form included on the last page of this booklet and send to the address listed on the top of the page. We will add your name to the mailing list and assure that you will continue to receive information on this very important Project. As an alternative, you may call the Interwest / DLR Group Minneapolis office at (612) 831 -7773. 13 1W Interwest / DLR Group Infrastructure Corporation BOARD OF DIRECTORS 212 COMMUNITY HIGHWAY ASSOCIATION A Minnesota Not - for - profit Corporation Jerome Carlson, CEO Instant Web, Inc. 7951 Powers Blvd. Chanhassen, MN 55317 Don Chmiel 7100 Tecumseh Lane Chanhassen, MN 55317 Jim Curry 4817 Upper Terrace Edina, MN 55435 Douglas J. Ketcham 306 E. DePue Avenue Olivia, MN 56277 Al Klingelhutz 8600 Great Plains Blvd. Chanhassen, MN 55317 Robert J. Lindall c/o Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 John Devins, President Ridgeview Medical Center 500 Maple Street Waconia, MN 55387 Donald Frederick, City Administrator City of Olivia 1009 West Lincoln Avenue Olivia, MN 56277 -1292 Gayle Hoese 735 11th Street Box 208 Glencoe, MN 55336 David J. Huntly, President Mammoth, Inc. 15059 Boulder Pointe Road Eden Prairie, MN 55337 Brad Johnson 475 West 78th Street Chanhassen, MN 55317 Robert Johnson c/o Johnson Motor Company Glencoe, MN 55336 Charles Nuernberg c/o State Bank of Young .America 800 Faxon Road Young America, MN 55397 -0097 Patricia Pidcock 8379 Red Rock Road Eden Prairie, MN 55347 Fred Plocher Burnet Realty P.O. Box 181 Victoria, MN 55386 Del Ploen c/o Quali Tech, Inc. 318 Lake Hazeltine Drive Chaska, MN 55318 Robert Roepke 3160 Burr Oak Circle Chaska, MN 55318 Frank Sherwood . C/o Rosemount, Inc. 8200 Market Blvd. Chanhassen, MN 55318 L 7 Ci 11 fl 0 i 1 11 �I 1 1 i 1 1 1 1 1 1 1 1 i 1 1 1 1w Interwest / DLR Group Infrastructure Corporation Phillip Solseng, Vice President Barr Engineering, Inc. 16330 Carver Highlands Dr. Carver, MN 55315 Darrel Sudheimer c/o D&J Furniture - Floors 524 South Elm Waconia, MN 55387 Marcy Waritz 1271 Bluff Creek Drive Chanhassen, MN 55317 4.5 miles to south of Miller Lake HIGHWAY IMPROVEMENTS MAP Figure 1 Kl SEGMENT 1 -7 A IL V 44 �T _J '111 i v --- - - - Cr( N.:1 1 A T 0 -.1 N 3 h i WE Denotes Proposed Interchange Locations 'Row 212 Community Highway Assoc iation Interrvest DLR Group Infrastructure Corporation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ce , �F ennevin OF CHANHASsEN ENGINEERS DEPT Mr. Roger Gustafson, P.E. Carver County Engineer 600 East 4th Street Box 6 Chaska, MN 55318 Mr. Charles Folch, P.E. Department of Public Works City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 RE: TH 101 Turnback Gentlemen: Mr. Gene Dietz, P.E. Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Hennepin County has conducted consultant interviews for the design and construction oversight of the construction of TH 101 between TH 5 and Hennepin County CSAH 62. In addition, the County's proposed 1997 -2001 Capital Improvement Program includes the project in its 1998 element (with design and right -of -way acquisition in 1997). Although County staff is prepared to recommend contract authorization by the County Board of Commissioners, we will not authorize the consultant to proceed until we are assured that TH 101 jurisdiction will be transferred to Carver and Hennepin counties. In the meantime, I ask that each party consider the fact that the construction project will contain non -State Aid eligible elements for which turnback funds will not be available. In addition, both Carver County and Hennepin County have "Cost Participation Policies" which address city cost participation on State Aid projects. Finally, although the new State Aid Rules allow the recovery of eligible project - development costs to a limit of 25 percent of eligible construction costs, it is believed we need to reach agreement on how any excess consultant costs are reimbursed. Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343 -8496 (612)930 -2500 FAX:(612)930 -2513 TDD:(612)930 -2696 ounty Employer Recyded Paper June 24, 1996 - ` U N 2 `)" 1996 Letter Re TH 101 Turnback June 24, 1996 Page 2 If you wish to discuss these and other issues related to the TH 101 improvement, please contact me. If it appears we all share the same desire to proceed in developing a working relationship in anticipation of the jurisdictional transfer, a meeting can be arranged. Sincerely, , James N. Grube, P.E. Transportation Division Manager JNG:mvr cc: 'Vern Genzlinger 1 . 41 MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) ' Initiative to Transfer Jurisdiction of TH 101 to Carver County ' MEMORANDUM OF UNDERSTANDING BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN DRAFT This Memorandum of Understanding is made by and between the County of Carver, Minnesota, acting by and through its Board of Commissioners, hereinafter referred to as the 'County' and the City ' of Chanhassen, Minnesota, acting by and through its City Council, hereinafter referred to as the 'City.' WHEREAS, the County and the State of Minnesota, Department of Transportation, may enter into the Memorandum of Understanding, attached hereto and made a part hereof, to change the jurisdictional responsibility for TH 101 in the County from the State of Minnesota to the County, and WHEREAS, the transfer of TH 101 jurisdictional responsibilities from the State to the County impacts both the County and the City, and WHEREAS, it is understood by the County and the City that this Memorandum of Understanding (hereinafter 'MOU") is not a binding agreement and that any binding obligation of the parties to this MOU will be made pursuant to written and properly executed and approved agreements, NOW, THEREFORE, LET IT BE KNOWN that it is the intent of the County and the City to work ' toward the following objectives: 1. The approval and execution of an agreement between the State of Minnesota, ' Department of Transportation, and the County that is consistent with the MOU between the same two parties that has been made a part of this document. ' 2. The approval and execution of an agreement between the County and the City that is consistent with this MOU. 3. The approval and execution of the agreement described by Section 1 hereof is contingent ' on the approval and execution of the agreement described by Section 2 hereof, and vice versa. 4. Specific conditions of the \ agreement between the County and the City relative to the transfer of TH 101 from the State to the County are anticipated to be: A. The transfer from the County to the City of County Road 117 between TH 5 and ' the north boundary of the County within six months following the execution of the before stated TH 101 agreement between the County and the City. 11 B. The City being the initiator and lead agency for TH 101 corridor iWovement projects within the City. ` avin the ri ht to transfer to the Ci the &Pna responsibility C. The County having g tY for all of TH 101 located in the County if County StSe Aid Turnback Account construction dollars are no longer available to the County for the reconstruction of all or a portion of TH 101 located in the County. D. If TH 101 is conveyed by the County to the City, the City would add TH 101 to its Municipal State Aid Street (MSAS) System, or the City would accept all financial obligations of the County to the State Aid System that may occur as a result of constructing projects within the defined corridor utilizing State Aid funds. BE IT FURTHER KNOWN that it is the intent of the County to work toward the following objectives: 1. The approval and execution of an agreement with Scott County for the performance of certain routine maintenance tasks by Scott County on that portion of TH 101 between the south boundary of the County and TH 212. 2. The approval and execution of an agreement with Hennepin County for the performance of certain routine maintenance tasks by Hennepin County on that portion of TH 101 between TH 5 and the north boundary of the County. IN TESTIMONY WHEREOF the parties have executed this Memorandum of Understanding (MOU) by their authorized officials. Citv of Chanhassen By: Mayor of the City Date By: City Manager Date Approved as to Execution: County of Carver By: By: Chair of the County Board Date County Administrator Date Approved as to Execution: City Attorney . Date th101 exam.111 County Attorney Date STATE OF MINNESOTA METRO DIVISION DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING Memorandum of Understanding between: The State of Minnesota Department of Transportation, and The County of Carver RE: Change of jurisdictions of roadways located in Carver County and associated compensation This Memorandum of Understanding is made by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the County of Carver, Minnesota, acting by and through its Board of Commissioners, hereinafter referred to as the "County ". WHEREAS, the Counties in the Metropolitan Area and the State concur that in the interest of bringing decision making for routes of specific functional classification into the appropriate levels of government, it is necessary to change jurisdiction of certain routes; Therefore, it is the intent of the State and the County to work toward the following objectives: 1 Article I - Nonbinding Memorandum of Understanding 1. This Memorandum of Understanding (hereinafter "MOU ") is not a binding agreement and that any binding obligation of the parties to this MOU will be made pursuant to written and properly executed and approved agreements. 2. This MOU is intended to be the Notice of Pending Release to the party who will receive the released roadway. Article II - Definitions 1. Definitions used in this MOU shall mean the following: Receiving authority - The political subdivision which receives jurisdiction as a result of jurisdiction transfer. Transferring authority - The political subdivision which Ihas jurisdiction prior to jurisdiction transfer. Route-miles - The distance as measured along the existing roadway, between termini, rounded to the nearest 1/100 of a mile. Article III - Introduction of Legislation Implementation of jurisdictional transfers as listed in this MOLT requires approval of enabling legislation by the State Legislature and other binding agreements between the parties. The State will prepare andl introduce appropriate legislation with notification to the County no less than (2) weeks prior to the introduction to the Legislature. I ' jurisdiction of the receiving authority. 2. The parties anticipate that County State Aid Turnback Account ' funds may be utilized by the County for improvements to subject roadways 1. It is anticipated that all project funds allocated in the improvement Article IV - Basis for Determining Compensation The State and County intend to execute an agreement relating to jurisdictional.transfer incorporating the concepts set forth herein. The party receiving subject roadways as anticipated in this MOU (receiving authority) will be compensated for each change of jurisdiction as follows: ' jurisdiction of the receiving authority. 2. The parties anticipate that County State Aid Turnback Account ' funds may be utilized by the County for improvements to subject roadways 1. It is anticipated that all project funds allocated in the improvement programs of the transferring authority that relate to the subject roadways described in this MOU, will transfer to the receiving authority in the year designated in the transferring authority's improvement program. Project funds will include estimated construction funds. Project funds that are transferred are anticipated to be used on the transferred route; n p t , any interest accrued on such funds are anticipated to be used on roadways under the ' jurisdiction of the receiving authority. 2. The parties anticipate that County State Aid Turnback Account ' funds may be utilized by the County for improvements to subject roadways ' County receives project funds under Article IVA, turnback construction funds will be reduced by an equal amount; funds received under Article IV.4 are exempt from this. K transferred to the county under agreements resulting from this MOU in accordance with Minnesota Rules 8820 in effect on the date of the jurisdictional transfer, and Screening Board Resolution Re: Trunk Highway Turnback - June 1965 (latest revision June 1977). Additionally, if the ' County receives project funds under Article IVA, turnback construction funds will be reduced by an equal amount; funds received under Article IV.4 are exempt from this. K 3. County State Aid System funds may be utilized by the County for subject roadways transferred to the County under agreements resulting from this MOU in accordance with Minnesota Rules Part 8820 in effect on I the date of the jurisdictional transfer, and Screening Board Resolution Re: Trunk Highway Turnback - June 1, 1965 (latest revision, June 1977). 4. Notwithstanding any other provision of this MOU, the parties will make an effort to obtain federal funds for construction projects on the under the Intermodal Surface Trans ' subject roadways u Transportation Efficiency P Act (ISTEA) funds allocation process or other federal programs as they become available, throughout the time period in which subject routes are eligible for County State Aid Turnback Account funds. 5. - It is anticipated that the receiving authority will prepare studies, proposals, plans, right of way acquisition, and generally conduct the work I of developing projects on subject routes, at no cost to the transferring authority. . A reements with Hennepin County, Scott County and the City of Chanhassen should be pursued by the receiving authority to determine who will be the lead agency for planned projects and how the work will be divided between all three parties. All information in the transferring authority's files relating to the subject roadways will be made available to ' the receiving authority upon request at no cost to the receiving authority. I Article V - Identification of Routes and Schedule The parties intend to execute an agreement relating to the routes identified herein. Additions of routes other than those listed will require approval of the Commissioner of the Department of Transportation, the Carver County Board of Commissioners and may require enabling legislation from the Minnesota State Legislature. It is the intent of the parties to achieve all jurisdictional transfers on routes listed within one (1) year following full execution of this MOU. Original Route Receiving Identification Authority Segment Route - miles' Termini TH 169 County TH 101 County TH101 Carver Co. (Shared with Henn. Co.) South Co. Line to .75 miles T.H. 212 T.H. 212 to 4.80 miles E. County Line E. County Line to 2.00 miles N. County Line The above State Routes will be conveyed in accordance with Minnesota Statutes. The above described trunk highways are shown on the maps attached hereto entitled Routes Subject to Transfer. State /County. marked 1 The Official sources of route -miles will be the Mn /DOT Control Section Book and the Mn /DOT Local Road Log Point Listing. 5 reference ma r hereof. Exhibit A, and by this de a part The State and County intend to agree to the future right of way , limits at State /County intersecting roadways, prior to the transfer of land title for each subject roadway. Article VI - Infrastructure Management Responsibilities It is anticipated that all routes included in this MOU will continue to 1 be included in the transferring authority pavement management and bridge management systems and, when appropriate, receive program funds for 9 Y pavement and bridge management until such time as the roadway changes , jurisdiction. I As of the date of approval by the agencies of this MOU, projects identified on the subject routes will not be removed from the MN /DOT Construction Program without concurrence from the receiving authority. I All routine maintenance on the subject routes covered in this MOU will be the responsibility of the transferring authority up until the time of transfer. This includes keeping any routine maintenance agreements with municipalities in force also. It is anticipated that where maintenance agreements exist, the receiving party intends to replace the existing agreements with their own, so that no lapse in coverage will occur. r Nothing in this MOU is intended-to prohibit the State or County from entering into roadway maintenance agreements, including reimbursement provisions, for any roadway identified in this MOU. It is anticipated that ' 6 1 I available to the County. The County intends to take over routine maintenance on this portion of roadway when turnback account monies for I maintenance are no longer available. Article VII - Traffic Signals The agreement(s) executed by the parties for each jurisdictional transfer will identify he jurisdiction of traffic signals. fy ) Traffic signals located within the rights of way of the routes described in Article V will be under the jurisdiction of the State or the County as specified in the schedule attached hereto entitled Jurisdiction of Traffic Signals Resulting from Transfer of Highways Between Mn /DOT and Carver County. marked Exhibit B, and by this reference made a part hereof. For those signals the State and County will enter into a routine maintenance agreement that ,. identifies the State to continue routine maintenance on the portion of TH 101 from TH 5 to TH 212 that will be transferred. It is intended that the County will I reimburse the State for its services using turnback account ' monies for maintenance until a date when this account is no longer I available to the County. The County intends to take over routine maintenance on this portion of roadway when turnback account monies for I maintenance are no longer available. Article VII - Traffic Signals The agreement(s) executed by the parties for each jurisdictional transfer will identify he jurisdiction of traffic signals. fy ) Traffic signals located within the rights of way of the routes described in Article V will be under the jurisdiction of the State or the County as specified in the schedule attached hereto entitled Jurisdiction of Traffic Signals Resulting from Transfer of Highways Between Mn /DOT and Carver County. marked 117 Exhibit B, and by this reference made a part hereof. For those signals involving a jurisdictional transfer, the transfer will take place on the effective date of transfer of the roadway segment on which the signal ' system is located. Nothing in this MOU is intended to prohibit the State or County from entering into the maintenance agreements, including reimbursement provisions, for any signal identified in this MOU. 117 Article Vlll - Bridges The agreement(s) executed by the parties for each jurisdictional transfer will identify the jurisdiction of bridges. Bridges located within the might of way of the routes described in Article V will be under jurisdiction of the State or County asspecified in the diagram attached hereto entitled , Jur of Bridges Resulting from Transfer of Highways BetweE Mn /DOT and Carver County marked Exhibit C, and by this reference made a part hereof. For those bridges involving jurisdictional transfer, the transfer will take place on the effective date of transfer of the roadway r segment on which the bridge is located. Nothing in this MOU is intended to prohibit the State or County from entering into maintenance agreements, including reimbursement provisions, for any bridge identified in this MOU. Article IX - Information and Records Transfer f Prior to the execution of agreement(s) for the transfer of routes between the State and County, the transferring authority intends to make the following information and records available to the receiving authority upon request, to the extent that they are available, for the routes to be transferred. I 1. List of active maintenance agreements which will be canceled with other governmental agencies and utility companies. 2. Utility, drainage, e, access driveway, sign advertising, and limited ' 8 ' use permits. ' 3.. As -built construction plans, and microfilm records. 4. Bridge inspection reports and ratings. 5. Photo -logs, aerial photos, right of way maps, and parcel files. I 6. Inventory data. 7. Pavement condition ratings. 8. History of most recent betterment. 9. Signal files including timing sequence and repair history. 10. Accident reports and statistics, subject to Privacy Act requirements. 11. The most current traffics counts. ' 12. Any alignment ties, horizontal and vertical control monuments, 1 and relative data. 13. All completed and partially completed plans for construction projects associated with the routes being transferred. 14. Road opening authority documentation and /or right of way authority. Article X - State Aid Route Designation The State, through the Commissioner of Transportation, intends to designate (a) transfered trunk highway route designations to remaining truck highway routes, as appropriate, and (b) the highway segments ' described in Article V to be transferred to the County as County State Aid 9 Highways and intend to approve the corresponding increase in mileage, in accordance with Minnesota Rules 8820, upon receipt of a resolution , requesting such, from the Carver County Board of Commissioners. This mileage is not transferable to other routes in the County. 10 t EXHIBIT B Jurisdiction of Traffic Signals Resulting from Transfer of Highways Between Mn /DOT and Carver County T.H. 101 Location Mile Point Ownership West JCT TH 5 13.44 Mn /DOT East JCT TH 5 13.44 Mn /DOT W. 78th St. 13.51 County T.H. 169 Location Mile Point Ownership 101 N. Jct. Shakopee Y 110.95 Mn /DOT 212 S. Jct. Shakopee Y 111.17 Mn /DOT EXHIBIT C Jurisdiction of Bridges Resulting from Transfer of Highways Between , Mn /DOT and Carver County Bridge No. Mile Point Location Ownership 10007(TH 169) 110.74 Creek S. Of WYE County. 4528 (TH 169) 111.00 Bluff Creek County 8442(TH 169) 111.14 Ditch County 1822(TH 101) 9.14 Bluff Creek County j t 1 t 1 1 I MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: July 18, 1996 SUBJ: BorSon vs. School District 112 Current Position: School District 112 requested that the arbitrator expand on his decision. He has refused. The end of the appeal is quickly approaching. As you will recall, "binding arbitration," which was agreed to by the school district, foregoes the ability to appeal the arbiter's decision unless it can be shown that the arbiter engaged in collusion or corruption. It should also be noted that School District 112 is anticipated to meet this evening with the likely result being to authorize payment. This is the school district's sole decision because all of the contracts are between the school district and HGA and the school district and BorSon, with the exception that we get to participate in the payment if that becomes the decision. Arbiter's Award: I wish that the arbiter would have elected to expand on his decision as that would have proved that my theory as to why the award was made is correct or not. Based on all of the testimony and information received after the award, the following theory appears to be the primary conclusion from the attorneys, participants, and rumor mill, Le: BorSon's problems began when several school districts within the metro area put out plans and specifications for new major building additions including Bluff Creek Elementary. BorSon bid all of them probably anticipating that they may get two of the jobs. They got most of them. As summer approached, BorSon ran out of brick layers and had to make choices as to how to solve the dilemma. The choice they took was to pull the brick layers off of the Bluff Creek Elementary project and to pick the job back up during the winter months using winter construction techniques. Without question that. decision would cost BorSon significant dollars—probably exceeding the $300,000 which was finally awarded. BorSon also had the choice of going back to the school district with their dilemma and to request that the school district pay an additional $300,000 to ensure that the school would open by the fall of 1995. In all likelihood, they knew that the Mayor and City Council July 18, 1996 Page 2 school district would not go along with that option, especially since their job was being abandoned for the sake of the others. BorSon probably felt that they would have a better chance of cost recovery through the arbitration process which in fact is what happened. Why Should I Feel Good? BorSon's decision to not allow the school district to make the decision as to whether an additional payment should be made and leave their case to the arbiter turned out to be their best remedy. However, if the school district really would have been confronted with the recognition that the contractor probably would have obtained relief from the finalization date by an arbiter and, therefore, delay the opening of the school by 45 to 60 days, they may very well have agreed to pay for "winter construction." The consequences of having to delay the opening for 60 days would have been far too severe for the school district. Temporary classrooms are extremely expensive, especially for such a small period of time. The other choice of not starting school for 60 days would assuredly have generated more teacher /student /parent/ state problems than they could have reasonably contended with. In light of these facts, the arbiter's award was probably in the best interest of all parties and probably reasonable. Finally, it should be noted that the reason that contingencies are set aside is to recognize that stuff happens. In this instance, the "contingency" has not been touched and represents a $120,000 Cashion for the project. Our share of the arbiter's award is likely to be in the $60,000- $70,000 range depending on the final negotiations with HGA. Conclusion: As stated earlier, a school district decision will likely occur this evening with payment to BorSon likely to occur on Friday. Given the school district's overall financial position, I would anticipate that they will be at our doorsteps during the early part of next week seeking 24% of the final settlement amount. I will delay issuing that check until after the scheduled council meeting for Monday evening so as to ensure that if council questions remain, that they can be answered and/or set as conditions before payment. G: \mgr\arbitration.doe J C� 11 1 : I 07/18/96 TIM 10:20 FAX 612 452 555 C K S & F —)-ii CHANHASSEN Z OOs iYVfi) 6. 25. 96 1G:13 /ST - ` -ter^ M KNVTSON. FLYNN. AEaNS oLBEN • S i 1 P 1. I.t�' !' dil -I�).t i��'��1� , �� "11 �t:ti;•,,ia q$� a :(}. .> - t June 22, 1996 Mf. Ty 3. Tonandcr of Commercial supe�+r�►�n Ammon � a n Arbitcatio 514 Nicollot Idill, suite 60 Mt1iacapalia. MN - 61 2- 332 - 55402 Re.. 56M 1 10 00244 95 RClR -5ON CONSTRUCY'11�N� INC. . and R N.T. S�a0L D15TRICT #112 - IriII]I3PF , Deer ,lair. 7'anander: 199b letter from R�onden" rep ev n t it, Mr P 3 Flynn I Have reviewed ,the June 14, ��s in reg aYd to the requesting details of the ftnditigs and conoluaio rd with the Cenb'truction Industry was at�bitraWA in secs T%C award was Issued in The aubjeot matter in 'this Amod can Arbivadon Ass6ciagon• .. Arbitration Rules as issued by rules; ifl a form most Common for eo din i nn sri�it�'atiori (:t►9c9• accord with article X42 of theca il;ese eatabllahed procodvre$ The stt'& roqu t'to i . • rovides �,ppnrlt�ttity for with "direct d eee at the 1jeaK1ng4. wh'Cl+ enables, the Patties to gain it should also be Hated that be in gtten ace rules p iDw st" lit the arb�traUatt a thorough undetandirig of the issues.. very truly urs l 1r Arbitrator V nod R,: Mid etnn I'.E. • inoars cau+td� • Momtot 01 Ar OACRn GO nng ono MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: July 17, 1996 SUBJ: Furnishings Specifications, City Hall Addition The attached contract does not officially require city council action. However, as the council has been involved in all aspects of the expansion, I felt that this memorandum was necessary. HGA provided a similar service for the city for furnishings at the Recreation Center. Our buying power turned out to be much better as HGA was also being used by the school district and our chairs could be combined with theirs for bulk ordering purposes. Even though we will not have this advantage with the city hall addition, we should be able to see some bulk savings as well as knowing who can provide quality products for the least amount of money. During review of plans for the city hall addition, I continuously stated that we would attempt to use as much existing furniture as possible. We have not changed from that position. However, the council should recognize that approximately 15 -20 new offices /conference rooms /reception area are being built. The cost of the attached contract as well as the costs associated with the furnishings themselves were not included as a building cost. The "furnishings" under the city hall contract are items such as built -in cabinets, telephones /jacks, drapes/blinds, etc. Furniture costs were anticipated to be paid from the capital projects administration fund —the same fund which has paid for these types of items with virtually every expansion that we have done including upgrading and acquiring computers. It makes absolutely no sense having these types of one time cost items inflate any one year's general fund budget. In a similar fashion, these types of costs do not belong as a part of the building costs as there is surely no reason to be paying additional costs for architectural services /management fees /etc. for something that's not related to the construction itself. Unfortunately, the monies proposed to be allocated for furnishings becarne a hostage of the "year end transfers" debate. At this point in time it probably makes more sense to combine the transfer process with the allocations process after HGA has completed their recommendations. fl J Staff would propose to move ahead with the furnishing contract unless the council wishes to pull this item and separately discuss it Monday evening. V g: \mgr \furnishings.doc it 26 June 1996 WRITERS DIRECT DIAL NUMBER 612/337 -4223 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen Post Office Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen City Hall Public Safety Addition Dear Mr. Gerhardt: Thank you for taking the time to review your plans for the new addition to City Hall the other day. I am very interested in working with you on this project. I realize its importance to you, and wish to assure you of HGA's commitment to serve our clients. Hammel Green and Abrahamson, Inc. (HGA) is pleased to submit to you this letter form of agreement regarding your selection of us to provide professional interior design services for the new addition to the building and areas as identified in the existing building. Based upon our attached scope of services, we wish to assure a clear understanding of the matters relating to this project and our mutual responsibility. BASIC SERVICES HGA agrees to provide interior design services as outlined in the attached document. The following is a specific list of scope of service areas. i I. Photo Documentation /Inventory of Furniture A. Inventory in conjunction with Steven Kirchman. II. Furniture Floor Plan A. For addition and existing areas affected by move. RECEIVED . III. Furniture Selection and Specificatio SUN 2 7 1996 IV. Furniture Bidding/Negotiation CITY OF CHANHASSEN V. Furniture Installation Supervision Please carefully review the Scope of Basic Services (listed above) and attached document to be sure there are no items or services omitted. Hammel Green and Abrahamson, Inc. Architecture • Engineering • Interior Design 1 1201 Harmon Place Minneapolis, Minnesota 55403 -1985 26 June 1996 WRITERS DIRECT DIAL NUMBER 612/337 -4223 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen Post Office Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen City Hall Public Safety Addition Dear Mr. Gerhardt: Thank you for taking the time to review your plans for the new addition to City Hall the other day. I am very interested in working with you on this project. I realize its importance to you, and wish to assure you of HGA's commitment to serve our clients. Hammel Green and Abrahamson, Inc. (HGA) is pleased to submit to you this letter form of agreement regarding your selection of us to provide professional interior design services for the new addition to the building and areas as identified in the existing building. Based upon our attached scope of services, we wish to assure a clear understanding of the matters relating to this project and our mutual responsibility. BASIC SERVICES HGA agrees to provide interior design services as outlined in the attached document. The following is a specific list of scope of service areas. i I. Photo Documentation /Inventory of Furniture A. Inventory in conjunction with Steven Kirchman. II. Furniture Floor Plan A. For addition and existing areas affected by move. RECEIVED . III. Furniture Selection and Specificatio SUN 2 7 1996 IV. Furniture Bidding/Negotiation CITY OF CHANHASSEN V. Furniture Installation Supervision Please carefully review the Scope of Basic Services (listed above) and attached document to be sure there are no items or services omitted. Telephone 612 •337 •4100 Telefax 612 •332 •9013 1 1 @&"%A r Zvi 26 June 1996 WRITERS DIRECT DIAL NUMBER 612/337 -4223 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen Post Office Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen City Hall Public Safety Addition Dear Mr. Gerhardt: Thank you for taking the time to review your plans for the new addition to City Hall the other day. I am very interested in working with you on this project. I realize its importance to you, and wish to assure you of HGA's commitment to serve our clients. Hammel Green and Abrahamson, Inc. (HGA) is pleased to submit to you this letter form of agreement regarding your selection of us to provide professional interior design services for the new addition to the building and areas as identified in the existing building. Based upon our attached scope of services, we wish to assure a clear understanding of the matters relating to this project and our mutual responsibility. BASIC SERVICES HGA agrees to provide interior design services as outlined in the attached document. The following is a specific list of scope of service areas. i I. Photo Documentation /Inventory of Furniture A. Inventory in conjunction with Steven Kirchman. II. Furniture Floor Plan A. For addition and existing areas affected by move. RECEIVED . III. Furniture Selection and Specificatio SUN 2 7 1996 IV. Furniture Bidding/Negotiation CITY OF CHANHASSEN V. Furniture Installation Supervision Please carefully review the Scope of Basic Services (listed above) and attached document to be sure there are no items or services omitted. I §� w r. �Al 1 W1 • Mr. Todd Gerhardt 26 June 1996 Page 2 OWNER'S RESPONSIBILITIES I The Chanhassen City Hall, as the Owner, agrees to provide existing building documentation of all areas that our interior design services will cover. HGA shall be entitled to rely upon the accuracy and completeness thereof. COMPENSATION I For the Basic Services HGA provides, it is agreed that HAG will be compensated on an hourly basis up to an estimated maximum fee of $6,240 for the services defined in this contract, plus Reimbursable Expenses at 1.1 % times their cost to HGA. The attached outline of interior design services gives an estimated maximum per phase of the project. Additional Services beyond the scope of Basic Services will be performed only when authorized or confirmed by you. Compensation for such Additional Services will be 2.5 times Direct Personnel Expense. Direct Personnel Expense is the salary of HGA personnel engaged on the project, plus the cost of their mandatory and customary contributions and benefits. Reimbursable Expenses are the actual expenditures made by HGA in the interest of the project for expenses such as travel and /or living expenses outside the Twin Cities Metro Area, long- distance communications, reproductions and mailing, photographic reproduction, and any state or local taxes imposed where the project is located. SCHEDULE If the project, or any part thereof, is suspended for more than 15 days, we shall be compensated for services performed prior to suspension. Services upon resumption after suspension shall be adjusted to compensate for interruption of our services. It is anticipated that the Basic Services will be completed by mid - December 1996. TERMS HGA will invoice you monthly for Basic Services, any Additional Services and any Reimbursable Expenses. Payment is not conditional upon the happening of any other event and is due upon receipt of the invoice. Any invoiced amount not paid withing thirty (30) days of the date of the invoice will include an interest and service charge of one percent per month. ,. MISCELLANEOUS It is understood that neither HGA or the Owner have control over the factors that. determine, construction costs. Accordingly, HGA cannot warrant or represent that actual bids or negotiated construction costs may not vary from any estimates of such cost that HGA may prepare. The Owner and HGA shall not be liable to each other for any consequential damages, including loss of use, loss of profit, or cost of financing. HGA and its consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form. 0 00 A �■ �N 1 1 VI i Mr. Todd Gerhardt 26 June 1996 Page 3 HGA shall retain all intellectual property rights to the drawings, specifications or other documents it prepares. You may retain copies, including reproducible copies of such documents for information and reference in connection with your use or occupancy of the Project. This agreement may be terminated by either party upon seven (7) days' written notice should the other fail substantially to perform in accordance with its terms, through no fault of the party that initiates the termination. In the event of termination, HGA shall be compensated for all services performed and expenses incurred to that date. Nothing contained in this agreement shall cause any third party to be a beneficiary of this agreement. This letter (and any documents attached hereto, referenced herein) is intended to be the entire agreement between us. Any changes or additions to this agreement must be in writing and signed by both of us. The pre - printed terms and conditions of any purchase order issued for convenience that may be signed by both of us are not an addition or amendment to this agreement and are of no force and effect. This copy, and an additional enclosed copy of this letter agreement, have been signed by me on behalf of HGA. If this agreement is satisfactory, please sign and date as indicated below. Once you have signed both copies, please return one to HGA, and retain the other for your file. My receipt of the fully signed copy will constitute our authorization to proceed. Thank you again for asking HGA to submit this proposal. I appreciate the opportunity to work with you again. If you have any other questions please don't hesitate to call me. Respectfully submitted, HAMMEL GREEN ABRAHAMSON, INC. (HGA) � 4 By � WRf 4'L1� Title V P Date By CT) Title V Q Date ALB97M. WP6;ct Enclosure cc: Linda Anderson, HGA Darlene Schmidt, HGA CHANHASSEN CITY HALL Title Date L� 040% w r I VI INTERIOR DESIGN BASIC SERVICES FOR CHANHASSEN CITY HALL, 26 June 1996 The following establishes a basic scope of services, and estimated total fees are based on an average hourly rate of $65.00 per hour. It is estimated that substantial construction completion will be mid - December 1996. Additional costs to the below fees would include all reimbursable expenses on the project. A contract would follow this proposal once the actual scope of work has been approved. A. Programming/Inventory Phase -8 Hours — $520.00 1. . Develop with the owner a schedule and establish the process and procedures to be used. Interview and meet with appropriate personnel to determine the needs of departments and private offices. B. Schematic Design Phase -20 Hours — $1,300.00 1. Develop furniture floor plan and equipment locations. This includes selection of new furnishings. 2. Submit loose presentation of all furniture and furniture finishes 3. Submit for owner's review. C. Design Development Phase -20 Hours — $1,300.00 1. Preparation of specifications and format for specifications for review b;y owner. 2. Fine -tune furniture finishes and materials. 3. Finalize floor plan and all quantities. 4. Submit for owner approval. D. Construction Documents Phase -40 Hours — $2,600.00 Based on the approved Design Development Documents, the Designer shall prepare the following Construction Documents: �. 1. Coded floor plans showing type and location of new furniture for bidding and installation purposes. 2. Send floor plan to KKE for electrical, telephone and computer outlet locations. 3. Let bids and receive from HGA office. 4. Tally bids and give recommendation. r t i v1 E. Contract Administration Phase -8 Hours -- $520.00 1. Visit the site as required to determine that the work is proceeding according to Construction Documents. 2. Review change order requests and process Owner change orders. 3. The Designer /Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions for the contractors, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Construction Documents. ALB97M. WP6;ct Hammel Green and Abrahamson, Inc. Architecture • Engineering • Interior Design 1201 Harmon Place Minneapolis, Minnesota 55403 -1985 Telephone 612 •337 •4100 Telefax 612.332.9013 I W% A I V/ 26 June 1996 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen Post Office Box 147 Chanhassen, Minnesota 55317 WR/TER'S DIRECT DIAL NUMBER 612/337 -4223 ' Re: Chanhassen City Hall Public Safety Addition 1 Dear Mr. Gerhardt: I Thank you for taking the time to review your plans for the new addition to City Hall the other day. I am very interested in working with you on this project. I realize its importance to you, and wish to assure you of HGA's commitment to serve our clients. Hammel Green and Abrahamson, Inc. (HGA) is pleased to submit to you this letter i'orm of agreement regarding your selection of us to provide professional interior design services for the new addition to the building and areas as identified in the existing building. Based upon our attached scope of services, we wish to assure a clear understanding of the matters relating to this project and our mutual responsibility. BASIC SERVICES HGA agrees to provide interior design services as outlined in the attached document. The following is g p g g a specific list of scope of service areas. I. Photo Documentation/Inventory of Furniture A. Inventory in conjunction with Steven Kirchman. II. Furniture Floor Plan A. For addition and existing areas affected by move. III. Furniture Selection and Specification IV. Furniture Bidding/Negotiation V. Furniture Installation Supervision Please carefully review the Scope of Basic Services (listed above) and attached document to be sure there are no items or services omitted. ' L . 00% w wf ' Mr. Todd Gerhardt 26 June 1996 Page 2 ' OWNER'S RESPONSIBILITIES The Chanhassen City Hall, as the Owner, agrees to provide existing building documentation of all areas that our interior design services will cover. HGA shall be entitled to rely upon the accuracy and completeness thereof. ' COMPENSATION For the Basic Services HGA provides, it is agreed that HAG will be compensated on an hourly basis up to an estimated maximum fee of $6,240 for the services defined in this contract, plus Reimbursable Expenses at 1.1% times their cost to HGA. The attached outline of interior design services gives an estimated maximum per phase of the project. HGA will invoice you monthly for Basic Services, any Additional Services and any Reimbursable Expenses. Payment is not conditional upon the happening of any other event and is due upon receipt of the invoice. Any invoiced amount not paid withing thirty (30) days of the date of the invoice will include an interest and service charge of one percent per month. MISCELLANEOUS It is understood that neither HGA or the Owner have control over the factors that determine construction costs. Accordingly, HGA carrot warrantor represent that actual bids or negotiated construction costs may not vary from any estimates of such cost that HGA may prepare. ' The Owner and HGA shall not be liable to each other for any consequential damages, including loss of use, loss of profit, or cost of financing. j HGA and its consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form. Additional Services beyond the scope of Basic Services will be performed only when authorized or confirmed by you. Compensation for such Additional Services will be 2.5 times Direct Personnel Expense. Direct Personnel Expense is the salary of HGA personnel engaged on the project, plus the ' cost of their mandatory and customary contributions and benefits. Reimbursable Expenses are the actual expenditures made by HGA in the interest of the project for expenses such as travel and /or living expenses outside the Twin Cities Metro Area, long- distance communications, reproductions and mailing, photographic reproduction, and any state or local taxes imposed where the project is located. SCHEDULE If the project, or any part thereof, is suspended for more than 15 days, we shall be compensated for services performed prior to suspension. Services upon resumption after suspension shall be adjusted to compensate for interruption of our services. It is anticipated that the Basic Services will be completed by mid - December 1996. TERMS HGA will invoice you monthly for Basic Services, any Additional Services and any Reimbursable Expenses. Payment is not conditional upon the happening of any other event and is due upon receipt of the invoice. Any invoiced amount not paid withing thirty (30) days of the date of the invoice will include an interest and service charge of one percent per month. MISCELLANEOUS It is understood that neither HGA or the Owner have control over the factors that determine construction costs. Accordingly, HGA carrot warrantor represent that actual bids or negotiated construction costs may not vary from any estimates of such cost that HGA may prepare. ' The Owner and HGA shall not be liable to each other for any consequential damages, including loss of use, loss of profit, or cost of financing. j HGA and its consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form. 1 0� w _ r. �Iw wi ' Mr. Todd Gerhardt 26 June 1996 Page 3 HGA shall retain all intellectual property rights to the drawings, specifications or other documents it prepares. You may retain copies, including reproducible copies of such documents :for information and reference in connection with your use or occupancy of the Project. This agreement may be terminated by either party upon seven (7) days' written notice should the other fail substantially to perform in accordance with its terms, through no fault of the party that initiates the termination. In the event of termination, HGA shall be compensated for all services performed and ' expenses incurred to that date. Nothing contained in this agreement shall cause any third party to be a beneficiary of this agreement. This letter (and any documents attached hereto, referenced herein) is intended to be the entire agreement between us. Any changes or additions to this agreement must be in writing and signed by both of us. The pre - printed terms and conditions of any purchase order issued for convenience that may be signed by both of us are not an addition or amendment to this agreement and are of no force and effect. ' This copy, and an additional enclosed copy of this letter agreement, have been signed by me on behalf of HGA. If this agreement is satisfactory, please sign and date as indicated below. Once you have signed both copies, please return one to HGA, and retain the other for your file. My receipt of the fully signed copy will constitute our authorization to proceed. Thank you again for asking HGA to submit this proposal. I appreciate the opportunity to work with you again. If you have any other questions please don't hesitate to call me. Respectfully submitted, HAMMEL GREEN AND ABRAHAMSON, INC. (HGA) CHANHASSEN CITY HALL By By Title A5506t.AM V P, Title Date &' 2-h •TAO Date B 6 0 - T) Title Date ALB91M.WP6;ct Enclosure ' cc: Linda Anderson, HGA Darlene Schmidt, HGA 1 1 1 v F U,r% w I owl! INTERIOR DESIGN BASIC SERVICES FOR CHANHASSEN CITY HALL 26 June 1996 The following establishes a basic scope of services, and estimated total fees are based on an average hourly rate of $65.00 per hour. It is estimated that substantial construction completion will be mid - December 1996. Additional costs to the below fees would include all reimbursable expenses on the project. A contract would follow this proposal once the actual scope of work has been approved. A. Programming/Inventory Phase -8 Hours — $520.00 1. Develop with the owner a schedule and establish the process and procedures to be used. Interview and meet with appropriate personnel to determine the needs of departments and private offices. B. Schematic Design Phase -20 Hours — $1,300.00 1. Develop furniture floor plan and equipment locations. This includes selection of new furnishings. 2. Submit loose presentation of all furniture and furniture finishes 3. Submit for owner's review. C. Design Development Phase -20 Hours — $1,300.00 1. Preparation of specifications and format for specifications for review by owner. 2. Fine -tune furniture finishes and materials. 3. Finalize floor plan and all quantities. 4. Submit for owner approval. D. Construction Documents Phase -40 Hours — $2,600.00 Based on the approved Design Development Documents, the Designer shall prepare the following Construction Documents: A. Coded floor plans showing type and location of new furniture for bidding and installation purposes. 1 2. Send floor plan to KKE for electrical, telephone and computer outlet locations. ' 3. Let bids and receive from HGA office. 4. Tally bids and give recommendation. I S&P% w I 1 VI E. Contract Administration Phase -8 Hours -- $520.00 1. Visit the site as required to determine that the work is proceeding according to Construction Documents. 2. Review change order requests and process Owner change orders. 3. The Designer /Architect shall not have control or charge of and shall not be responsi for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions for contractors, subcontractors or any other persons performing any of the work, or for t failure of any of them to carry out the work in accordance with the Construction Documents. ALB97M. WP6;ct 1 1 le he � 1 1 1 1 1 1 1 1 1 1 1 1 1