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1l. Park Task Force: Contract with Decision Resources.CITY OF CHANHASSEN 1k. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO:. Don Ashworth, City Manager FROM: Todd Hoffman, Park & Recreation Director DATE: October 9, 1996 SUBJ-. Contract with Decision Resources, Ltd.; Survey Research and Ongoing Campaign Consultation, Park Task Force As you are aware, the city recently entered into an agreement with the Trust for Public Lands (TPL). The agreement outlines the need for "public opinion survey(s)" under Section 1, Funding A, B and C. The Park Task Force has solicited and received three separate proposals for survey work (see attached chart). Two of the proposals are from Decision Resources (December 1995 and September 1996). The third is from Anderson, Niebuhr and Associates. This survey work will enable the city to decide whether or not the "voter environment" is conducive to moving forward with a referendum. The survey would also uncover other information valuable to council and commission members and appointed officials. I encourage you to read Mr. Morris' proposal in detail On Tuesday, October 8, the Park Task Force called a special meeting to review the proposal from Decision Resources. After 30 minutes of discussion and deliberation, the Task Force forwarded the following motion. RECOMIIMNDATION "Berquist moved, Scott seconded to recommend the city council approve the attached proposal from Decision Resources for survey research and ongoing campaign consultation in an amount y not to exceed $9,000. All voted in favor and the motion carried." Notes: 1. The Trust for Public Lands will reimburse $5,000 of this expense. 2. The council may add questions to the survey which they feel are pertinent. 3. Any additional questions cost $100 each, thus the recommendation-to approve costs not to exceed $9,000. ATTACHMENTS I. Proposals. 2. Proposal from Decision Resources. 3. Copy of Agreement TPL. rApurklth\d=isionres. ►ANDUM Marketing Research Companies Proposals A. Decision Resources Proposal B. Decision Resources Proposal C. Anderson,Niebuhr & Ass. Differences Dated December 7, 1995 Dated September 15,1996 Dated May 1996 1. Cost of project $7,500 $7,800 - a 4 % increase $15,750 2. Terms of payment Not included in proposal $3,900 prior to starting fieldwork Not included in proposal $3,900 upon delivery of report 3. Timing Not included in proposal 9 -11 weeks from signed contract 90 days or 13 weeks ( I'd say 12 to 13 to play it safe) 4. Preliminary Not included in proposal Page 3, #6 - telephone discussion survey discussion on preliminary survey results (covering their exposure) * This proposal samples 75 Minnewashta residents. RECEIVED ' OCT 03 1996 s�cis�roN aeosem ��s. 3128 Dean Court CITY OF CHANHASSEN ' Minneapolis, Minnesota 55416 (612) 920 -0337 September 15, 1996 Mr. Todd Hoffman ' Parks and Recreation Director City of Chanhassen Chanhassen City Hall ' ' P.O. Box 147 Chanhassen, Minnesota 55317 ' Dear Mr. Hoffinan: ' Decision Resources, Ltd., is pleased to present this revised proposal for survey research and on- going campaign consultation in the City of Chanhassen. It is primarily based upon our recent discussions with you and members of your Park Commission. We feel confident that the program ' outlined below will meet your objectives in a timely and cost - effective manner, while providing the greatest degree of flexibility in choosing strategies and tactics. ASSESSING THE ENVIRONMENT ' Voters ultimately base their decisions in city referendum elections on a number of factors -- several, at times, beyond the control of the campaign leadership. Perceptions of aggregate tax ' burdens, unhappiness with completely unrelated local issues or personalities, competing nearby facilities, and differing priorities have doom_ ed many proposals in other localities. As a result, simply gauging support or opposition to a proposed policy can overlook critically important campaign considerations. There may be a need to dispel misconceptions or explain existing city policies and services prior to the initiation of the referendum campaign. We have found that addressing any environmental negatives in advance of the election "season" greatly strengthens the ' chances of support among the citizenry: The following general issues should be addressed in this research: ' A. What do Chanhassen residents like least and most about their city? B. Are residents generally satisfied or dissatisfied with the level and provision of current city . services? In particular, park and recreation programs, and park maintenance and upkeep? C. Are residents satisfied or dissatisfied with their elected officials and city stafft ' D. How do residents see the tax burden in Chanhassen relative to other suburban areas? t E. What are the policy priorities of the residents? Chanhassen ' F. Are residents enerall supportive of the development of ark facilities to date, as g Y PPo. P P well as planned future projects? Are residents worried about maintaining a balance between park ` land and new housing developments, apartments, and shopping areas? ' G. Do residents feel they can have an impact on the forming of city policies? ' How do newer residents differ from "old- timersT' Are there differences in a H. expectations of city services, recreational preferences, satisfaction with community, or policy preferences? , 1 district building -needs have a "destructive impact! " on an c' i. Will schoo distn duig y city referendum effort? Issues more specific to the completion of the park system would include: ' J Do residents support or oppose the completion of the system? Are there "pockets" of intense support or opposition? ' K What is the profile of the persuadables (residents who are undecided at present)? What arguments are most helpful in gaining support of the undecideds? L. On average, how much more in property taxes would residents be willing to pay for the ' completion of the park system? M. How do residents obtain their information about city activities? What are relevant secondary ' communications channels -- clubs, newsletters,. etc.? What channels are most effective for reaching fu.orables and persuadables? Once this benchmark assessment has been completed, specific recommendations can be made on both policy and timing. The next section will discuss this initial study more fully. . Study Paramders: Decision Resources, Ltd., proposes to conduct a telephone survey of 400 randomly selected households in the City of Chanhassen. A random sample of this size would provide results Page 2 ue aarnrnisrerea oy LxL iramea ana supervises personnel. 'I h e computer analysis would be obtained from the DRL remote job entry facility to the University of Minnesota VAX system and ' the company's own MENTOR ANALYSIS PROTOCOL, insuring both access to the most current statistical analysis programs and confidentiality of the data set. ' The City of Chanhassen would be presented with two bound copies of the final report highlighting P Po �Sh g all the major findings of the`study. DRL will also speak to any major differences from and similar- ities with other completed referendum studies undertaken for other comparable suburban areas. A volume of all statistically significant cross tabulations and multivariate analysis will also be provided to the City. In addition, the findings would be presented by me at a meeting with stag, School Board, and/or citizen task forces. The components of the project and the proposed time schedule is outlined below: ' 1. A lannin discussion with you and other designated participants to establish P g Y � p p bhsh topics for questions. This activity to be completed within two -to -three weeks of the initiation of the ' contract. 2. Structuring of questions and final approval of the survey instrument. These activities to be ' completed within three -to -four weeks of the initiation of the contract. 3. Final determination of the field dates ,for the interviews and questionnaire approval. 4. Pre testing and, if needed, approval of resulting revisions. This activity to be completed by the ' second day of fieldwork. 5. Computer analysis and preparation of the written report. Frequencies of responses will be ' provided to the City of Chanhassen within ten days after the completion of all fieldwork. All statistical analysis and preliminary commentary will be available four to six weeks after completion of the fieldwork. ' 6. Telephone discussion with ou and designated p to lain and discuss survey Y l� P P explain Y results. This preliminary discussion can be. arranged at a time convenient for the City Staff and all interested parties, after delivery of the preliminary written analysis. 7. Meeting with City Council Members, City St4 and/or City residents in either a work session or formal presentation to explain and discuss the results of the survey. The final presentation and discussion session can be arranged at a time convenient for all interested parties after delivery of the preliminary survey results. A final written report would be made available within two weeks ' of this final meeting. Usually, from the time of approval of the questionnaire to the delivery of the final report, six to Page 3 eight weeks have elapsed. ' DRL personnel would be available as needed for additional telephone conversations to answer ' questions about the survey, its findings, and its implications. Because of the "nature of this study, combining both city residential assessments and campaign , objectives, I would act as Principal Investigator for the survey. In addition, my partner, Diane; Traxler, who possesses extensive local level participation in referenda elections, would" serve as Project Director, overseeing all phases of the research. ' Cost of surveys are based upon two factors: size of the sample. and number of questions con - tained on the instrument. The 400 households" sample size would provide a reliable degree of ' accuracy. It would also be sufficiently large to permit the fiuther breakdown of city residents into groups of potential interest -- area of residence, occupation, income, renter or owner, and the like. The base minimum survey length DRL recommends is 60 questions, although several city polls ' have contained nearly 150 queries. The cost of a sixty question, 400 household sample is $7,800.00. Each additional question is $100.00. As company policy, DRL requires one -half of the cost prior to the commencement of fieldwork; the remainder is due upon delivery of the final written report, ' I hope this overview sufficiently covers all the information you require. Let me assure you that we believe we can provide you with timely and reliable information. In light of our previous ' experiences, DRL is particularly sensitive to the implications -- both policy and political -- of park bond referendums. ' We look forward to the opportunity to work with you. But, in an case, best of luck with your PPo t3' Y Y efforts! Sincerely yours, William D. Morris, PhD. President - Page 4 , 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRi PST r v K PUBLIC LAND October 8, 1996 Conserving Land for Peopke Todd Hoffman Director of Parks and Recreation City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Todd: RECEIVED OCT 0 9 1996 CITY OF CHAiNHASSFIN I hope your hunting expedition was successful. Enclosed please find an executed copy of the agreement between the City of Chanhassen and the Trust for Public Land. I have also enclosed a file memo describing our understanding of the priorities of the Park Task Force with respect to acquisition, as referenced in Exhibit A of the agreement. Please provide copies of the memo to Alison Blackowiak and Nancy Mancino for their review and concurrence. It is our understanding that the memo will be kept confidential by TPL, the City of Chanhassen and the Park Task Force to avoid potentially adverse impacts on negotiations with the affected landowners. Please let me know immediately if there are any changes to the priorities reflected in the memo. We look forward to working with you. Please call me to schedule a day when I can visit the properties and discuss the next steps. Sincerely, X--� Alan D. Raymond Senior Project Manager Enclosure The Trust for Public Land Midwest Region 420 North Fifth Street Suite 865 Minneapolis, MN 55401 (612) 338 -8494 Fax (612) 338.8467 MEMO To: File From: Alan D. Raymond Subject: Chanhassen Project Priorities Date: October 8, 1996 The following list of properties has been identified by the Chanhassen Park Task Force for acquisition. The properties are listed in order of importance based on the discussion at a meeting of the Chanhassen Park Task Force on September 11, 1996. This list represents our understanding of the priorities for property acquisition referenced as "Exhibit A" in our agreement with the City of Chanhassen. PriorityJLandowner Top priority: 1. The Artist formerly known as Prince If #1 is not available: 2. Degler (west side) 3. Degler (east side) 4. Chaska Investment (only if successful with Degler) If #2 and #3 are not available: 5A.Chaska Investment SB.Sever Peterson (SA and 5B are interdependent) 6. Doug Hansen 7. Frank Fox The following are lower priori projects: 8. Bruce Jeuissen 9. Laurent 10. Camp Tanadoona (conservation easement ?) 11. Marlin Edwards Location/Description Acres On Galpin/abuts lake Lucy 100 Audubon and Lyman/rolling 67.3 On Lyman/Bluff Creek 80 Wooded into Degler 17 On Audubon/flat farmland 70.42 Abuts 7A/20 acres on Bluff Creek 80 North side of Center City Park 5 East of 212 /mostly wetland 37 Bluff Creek Waterway /212 R.O.W. 20 North of Pioneer Trail/212 R.O.W. 69 On Lake Minnewashta 102 On Audubon/mostly wetland 7 J F J 1 C 1 1 1 1 1 1 1 1 1 1 AGREEMENT THIS AGREEMENT entered into as of the Effective Date (as defined below) by and between the CITY OF CHANHASSEN, a Mnnesota municipal corporation ( "Chanhassen "), and THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Minnesota as The Trust for Public Land, Inc. ( "TPL "). RECITALS A Chanhassen has identified for acquisition for public, open space and recreational purposes certain real properties located in Chanhassen described on Exhibit A attached hereto and made a part hereof, (collectively, the "Properties" and singularly, "Property "). B. - Chanhassen does not have sufficient funds at this time to purchase the Properties and seeks TPVs assistance in acquiring the Properties and in passing a bond referendum to raise the funds for its acquisition. ' C. TPL is a national nonprofit organization that works with citizen groups, communities and public agencies to help acquire lands of environmental, recreational, historic or cultural significance. TPL obtains the resources to carry out its mission from various sources, among ' which are foundation grants, government funds, contributions of land value by property owners, loans and professional services fees. 0 D. Chanhassen and TPL acknowledge that TPL has and will expend significant time, money and expertise in assisting Chanhassen in (1) developing the funding sources for acquisition of the Properties and (2) attempting to negotiate for the acquisition and subsequent conveyance in a simultaneous closing to Chanhassen of one or more of the Properties. Except as set forth in Section 4, Chanhassen will not compensate TPL for its time and expense in acquiring the Properties and conveying them to Chanhassen. Rather, TPL will earn support for itself from the landowners who will sell the Properties to TPL. NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: 1. FUNDING a. Chanhassen Chanhassen agrees that it is a priority that public funds be made available for future acquisition of the Properties. Chanhassen will conduct public opinion survey(s) CTublic Opinion Surveys") to assess the likelihood of success of the citizens of 1 Chanhassen passing a bond referendum authorizing Chanhassen to sell its general obligation - bonds to purchase open space (the "Bond Referendum"). b. 3M. TPL agrees to use all reasonable efforts as an independent, nonprofit organization to support and further public financing for such acquisitions, including the provision of technical assistance and agrees to reimburse direct expenses incurred by Chanhassen in an amount not to exceed $5,000 in connection with the Public Opinion Surveys. TPL shall also assist Chanhassen in identifying private, foundation and other governmental funding sources for the acquisition by Chanhassen of the Properties. C. Acquisition Services Based on Results of Public Opinion Surveys If the parties agree that the results of the Public Opinion Surveys indicate that the Bond Referendum is likely to be passed by the voters of Chanhassen, TPL will attempt to negotiate for the acquisition and subsequent conveyance of one or more of the Properties to Chanhassen. Chanhassen understands that TPL is willing to provide the technical assistance and funding described in Section 1(b) in exchange for the opportunity to acquire the Properties in the manner described in this Agreement. 2. INDEPENDENT CONTRACTOR TPL is acting as an independent contractor and not as an agent or employee of Chanhassen. TPL shall pursue the acquisition of the Properties after consultation with Chanhassen as to Chanhassen's priority of acquisition of the Properties. TPL, as an independent entity, shall negotiate with the owners of the Properties (collectively, "Landowners" and singularly, "Landowner "), and in consultation with Chanhassen to the extent permitted in Section 6, to obtain an option to acquire the Properties through fee purchase (or exchange, if appropriate). TPL will use all reasonable efforts to negotiate an option term for each Property with rights to extend the option term which is sufficiently long so that the option will not expire prior to the availability of public funds from the Bond Referendum. Chanhassen understands and agrees that TPL at its sole discretion will attempt to negotiate a purchase price for each Property which will be a percentage of the fair market value of the Property as prescribed by an appraisal reviewed and approved by Chanhassen. 3. PURCHASE BY CHANHASSEN a. Appraisal. TPL, at its own expense, will contract for an appraisal of a Property if it has or if it determines that it is likely to obtain site control of said Property. The appraisal shall be prepared by an appraiser selected by TPL and mutually acceptable to Chanhassen. Chanhassen will review each appraisal within thirty (3 0) days of TPL delivering to Chanhassen an appraisal of a Property. Within said thirty (3 0) day period, Chanhassen will notify TPL if (1) it approves of the appraisal and (ii) it is willing to purchase the Property at the fair market value established by the appraisal. b. Purchase and Sale Agreement If Chanhassen approves of the appraisal and agrees to acquire a Property at the fair market value established by the appraisal, TPL and Chanhassen will enter into a purchase and sale agreement (or other similar agreement, including but not . limited to assignment of option) the terms and conditions of which shall be mutually agreed upon 2 u r I � I� F� by TPL and Chanhassen. TPL understands and agrees that a condition to Chanhassen's obligation to perform under any purchase and sale agreement will be the passage of the Bond Referendum and the sale of bonds and such contingency will be set forth in the purchase and sale agreement. It is TPL's intent to acquire each Property and simultaneously convey it to Chanhassen. Chanhassen agrees to cooperate in coordinating such a simultaneous closing. ' 4. ALTERNATIVES TO PURCHASE AND SALE AGREEMENT a. TPL is Unable to Obtain an Option In the event that TPL determines it is unable ' to obtain an option on a Property as contemplated herein, TPL shall notify Chanhassen and the parties shall mutually agree either to: (I) terminate any further obligations of TPL and Chanhassen hereunder with respect to such Property, or (ii) enter into a mutually agreed upon professional ' services contract with respect to such Property. b. TPL Does Not Exercise an Option In the event that TPL has an option on a ' Property and determines not to exercise it, TPL shall notify Chanhassen and except as set forth below, the obligations of TPL and Chanhassen hereunder with respect to that Property shall terminate. TPL, at the request of Chanhassen, will assign such option to Chanhassen for a fee ' equal to three percent (3%) of the purchase price stated in TPL's option with the Landowner plus TPL's direct expenses incurred in connection with that Property, including but not limited to, ' option consideration, appraisal fees, environmental audit and inspection expenses, survey and abstracting and title commitment fees, but excluding TPL staff time and overhead. ' C. Right of First Refusal In the event that TPL obtains a right of first refusal for the purchase of a Property which has a term exceeding one year, TPL, at its sole discretion, shall notify Chanhassen, and at Chanhassen's request, shall assign such right of first refusal to ' Chanhassen under the same terms and conditions as provided herein for an assignment of an option. ' In any case, TPL will use good faith efforts to facilitate the acquisition of such Property by Chanhassen. 5. T Chanhassen and TPL shall mutually establish clear and reasonable timelines for the completion of the acquisition for each Property, and Chanhassen and TPL shall diligently pursue the completion of their reviews and administrative functions necessary for each such ' acquisition within a mutually acceptable timeframe. 6. COMMUNICATION To facilitate consistent communications and allow effective negotiations, TPL shall maintain and direct all communications, written and oral, with the Landowners regarding the acquisition of their Properties until TPL notifies Chanhassen that it is no longer negotiating with a Landowner or that it does not intend to exercise an option or right of first refusal on a Property. TPL's negotiations and final terms of purchase shall be completely confidential to the extent requested by a Landowner. To the extent TPL is allowed hereunder, TPL shall provide status reports with respect to the progress of its negotiations on each Property 3 IN in the time and manner requested by Chanhassen. Any information provided by TPL to Chanhassen shall be subject to the requirements of Minnesota Statutes Chapter 13. 7. NANE . TPL shall use its full name "The Trust for Public Land" in all contacts and correspondence with Landowners and the public and shall identify itself as a nonprofit land conservation organization. 8. NOTICES The contact persons for the purposes of communication with respect to this Agreement shall be: TPL: Ms. Cynthia M. Whiteford The Trust for Public Land 420 North Fifth Street, Suite 865 Minneapolis, Minnesota 55401 Tel: (612) 338 -8494 Fax: (612) 338 -8467 Chanhassen: Mr. Todd Hoffinan City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 5 53 17 Tel: (612) 937 -1900 Fax: (612) 937 -5739 9. TERl\ . The terms of this Agreement shall be from the Effective Date to, through and including December 31, 1997 (the "Termination Date "), except that Chanhassen may terminate this Agreement at any time upon ten (10) days written notice to TPL. Subsequent to termination, Chanhassen and TPL shall be bound by the terms and conditions of any separate agreements, including but not limited to purchase and sale agreements, entered into prior to termination of this Agreement. In the event Chanhassen elects to terminate this Agreement prior to the Termination Date, upon such termination, Chanhassen will pay all of TPL's direct expenses incurred as of the date of such termination, including but not limited to, appraisal fees, environmental investigation and audit expenses, survey and abstracting and title commitment fees, but excluding TPL staff time and overhead and excluding option consideration payments made by TPL unless an option is assigned to Chanhassen pursuant to Section 4.b. of this Agreement. In the event this Agreement is terminated prior to the Termination Date, TPL shall be under no obligation to assign any option on the Properties it may hold at the time of such termination. 4 0 IN WITNESS of the foregoing provisions, the parties have executed and delivered this Agreement as of the date set forth below. The effective date (the "Effective Date ") of this Agreement shall be the last date of execution by either of the parties to this Agreement. CITY OF CHANHASSEN, a THE TRUST FOR PUBLIC LAND, Minnesota municipal a nonprofit California public F:Amaggie\profserv\2cban1=n.mou F Date: 'off 3 — Date: G�z &I �o Exhibit A To be determined in consultation with the Chanhassen Park Task Force. 6