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CorrespondenceE-mail from Liz S. Keating, Messerli & Kramer PA re: 2002 Session. Letter to Todd Hoffman, 2001 Jack Niles Award recipient dated January 28, 2002. E-mail from Shad French, New Hope Parks & Recreation dated January 23, 2002. Letter from Bruce Anderson, Maplewood Parks & Recreation dated January 24, 2002. Fire/Rescue Calls for the week of January 21 - January 27, 2002. Letter from John Kragness, So'West Metro Transit Commission dated January 24, 2002. Letter from Martin Wal'sh, Carver County Parks dated January 24, 2002. Letter from Morton Aaronson, Aerie Networks dated January 25, 2002. Suburban Transit Association Legislative RepOrt dated January 25, 2002. AMM Fax News dated January 21-25, 2002. Description ~of Governor's Aid Reduction Recommendation (revised). Letter frOm Jay Karlovich, re: Park Commission Term dated January 30, 2002. Memo to Todd Gerhardt re: Resolution of Adzick Easement dated February 4, 2002 District 112 Facilities Study Process. SW Corridor Transportation Coalition-January 25 Agenda. : . Gerhardt, Todd From: Sent: To: Subject: Liz S. Keating [Ikeating@mandklaw.com] Wednesday, January 30, 2002 4:52 PM Beverley Miller; Bill Schreiber; Cathy Busho; Eliz Kautz - work; Elizabeth Kautz; George Bentley; Len Simich; Jansen, Linda; Margaret Schreiner; Meg Tilley; Michael Leek; Mike Opatz; Nancy Tyra-Lukens; Robert Renner; Robin Selvig; Scott Harstad; Thomas Poul initial bill introductions The 2002 session kicked off yesterday with a flurry of bill introductions. If the first couple days are any indication, the 2002 session is going to be fast and furious! Legislation of potential interest to STA: SF 2421 (Vickerman)/HF 2574 (McElroy): providing incentives for the use of biodiesel fuel in the production of electricity SF 2453 (Reiter): constitutional dedication of 100% of MVET to highway user tax distribution fund HF 2631 (Molnau): cancels 2000 session appropriation for exclusive busway (Riverview) HF 2632 (Molnau) : allows all buses to use sho~lder lanes if transit buses are allowed to. "Bus" is defined as any motor vehicle that can carry at least 16 people, incl. driver, and is intended to transport people. Tom spoke with Sen. Ourada (Senate author) and Sen. Robling, who stated that MnDOT was not consulted re: this legislation. HF 2671 (Hackbarth) : $300,000 in bonding for Met Council to build park-and-ride lot in Anoka County (Hwys. 65 & 22) HF 2680 (Leighton): Gas tax increase to pay debt service on $1.25 billion over 10 years for major projects, including transit advantages Text of all bills can be found at the following website: (use box marked "Enter bill number" under either House or Senate) http://www.leg.state.mn.us/leg/legis.htm Please call if you have any questions! Liz Shields Keating Messerli & Kramer P.A. 145 University Avenue West Suite 450 Saint Paul, Minnesota 55103 651/228-9757 !keating@mandklaw.com CITYOF 690 City Center Drive ?0 Box 147 73anhassen, Minnesota 55317 Phone 952.937.1900 General £ax 952.937.5739 3~gi, eeri,g Departme, t Fa.v 952.93Z9152 Buildi,g Dt~artme, t Fax 952.93(2524 11% Site .~t.a ti. d~a,hasse,, m ,. ,s January 28, 2002 Mr. Todd Hoffman 6891 Utica Lane Chanhassen, MN 55317 Dear Todd: I would like to take this opportunity to congratulate you on being named the 2001 Jack Niles Award recipient. ! am very proud of your dedication and commitment to the Parks and Recreation profession. There is no truer testimony to your dedication than to be recognized by your peers and colleagues. You have accomplished many exciting projects for the City of Chanhassen. That should make you proud. Again, congratulations on your recognition. I look forward to your continued professional commitment to the City of Chanhassen. Todd Gerhardt City Manager TG:ns C' ,,/'Mayor and City Council Kate Aanenson, Community Development Director Bruce DeJong, Finance Director Teresa Burgess, City Engineer/Public Works Director G:\admin\tg{THcongrat Hoffman, Todd I From: Sent: To: Subject: Shari French [Sfrench @ ci.new-hope.mn.us] Wednesday, January 23, 2002 11:55 AM thoffman @ ci.chanhassen.mn.us Congrats! Congratulations on being named the 2001 Jack Niles Award recipient. It's certainly most deserved! I enjoyed seeing your family last Friday. Those kids were so well behaved. It must have been a bit boring for them once their dad got his award! I look forward to giving you my 2 cents worth on board issues over the next 2 years. I do have a few opinions and I don't mind sharing them! Again, I was pleased to see you so honored! Shari French New Hope Parks and Recreation Together We Can January 24, 2002 Mr. Todd Hoffman, Director Chanhassen Parks and Recreation Department 690 City Center Drive Chanhassen, MN 55317 Dear Todd: This is a short note to formally congratulate you on your recent selection as the 2001 Jack Niles award recipient. As a past recipient, I understand the honor and humility that comes with receiving this professional recognition. Your acceptance speech was extremely eloquent in recognizing that this honor would not have been possible without the support of your family, colleagues, peers and staff. You are an extremely deserving recipient of this award and I am pleased that your accomplishments have been publicly recognized. It has been my pleasure to have worked with you for the past 15 years and I look forward to continuing to hear of your exploits and innovative, cutting-edge projects in Chanhassen. Our best friends live on Lake Riley and last fall we walked the new athletic complex and trail system behind their property. They were extremely positive in their Comments about the Chanhassen program and the excellent facilities you have brought to fruition. I am especially excited to work with you and your fellow board members in the coming months as we work to develop goals, objectives and work plans to make MRPA an even better and stronger organization. Congratulations on your recognition and I look forward to working with you during the coming months. As always, if ! can ever be of assistance, please contact me directly at (651)770-4573. //,...-Si~ irector of Parks and BRUCE.K.ANDERSON@Ci kd~hoffman.ltr02, m rpa.f __,,/ :ecreation vlAPLEVVOOD.MN.US RECEIVED CITY OF CHANHASSEN PARKS & RECREATION DEPARTMENT · 651- 770- 4570 · FAX: 651 - 770 - 4506 CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JANUARY 21 - JANUARY 27, 2002 mon Mon Weds Thurs Th urs Thurs Fri Fri Fri Fri Sat Sat Sat Sat Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan Jan 21 21 23 24 24 24 25 25 25 25 26 26 26 26 8:20 AM 11:53 AM 5:00 AM 9:21 AM 12:41 PM 2:42 PM 10:22 AM 2:42 PM 4:40 PM 11:24 PM 2:27 AM 7:45 AM 6:10 PM 9:34 PM Hopi Road Arboretum Boulevard Mountain Way Market Boulevard Santa Vera Drive Hallgren Lane Audubon Road Country Oaks Road Murray Hill Road Lores Lake West 78th Street South Shore Drive West 78th Street Lake Susan Hills Drive Possible house fire, unfounded Garage fire Medical - possible heart attack Medical - difficulty breathing Medical - broken leg Fire alarm - false alarm, no fire Medical - heart problem Person down - unfounded Medical - seizures, cancelled Couch on fire Smell of gas Medical - possible stroke Natural gas leak Fire alarm -false alarm, no fire SOuT.W~:sT Iq~:TaO T.~.NS~'r 11500 Technology Orive Eden Prairie, Minnesota 55366 January24,2002 Joel Jenkins 7305 Frontier Trail Chanhassen, MN 55317 RECEIVED JAN ~ 5 2002 Dear Mr. Jenkins, CITY OF CHANHASSEN I did not get a chance to personally meet you on Wednesday at the Rotary breakfast, as I had to leave to attend another meeting. However, I wanted a chance to respond to a concern you raised at the meeting regarding public transit. My impression was that you were concerned about local residents.__funding Southwest Metro Transit and the Metropolitan Council. I was not sure if it was related directly to the Market Boulevard Park & Ride or transit in general. Allow me a moment of your time to explain a few things about our agency. We are publicly supported through taxes. Until January 1 of this year, we were funded through the local property taxes of Chanhassen, Chaska, and Eden Prairie. Chanhassen provided approximately $630,000 or 14% of our annual budget revenue- Eden Prairie provided 55% and Chaska 7% respectively. As of January 1, public transit will be funded through a portion of the ' Motor Vehicle Excise Tax (MVET), which is the tax collected by the state on every vehicle sold. Todd Gerhardt noted the transition from local property tax funding to MVET at the meeting. Capital expenditures such as buses and transit facilities are funded through regional and federal grants. Wehave been very successful in securing funds for the purchase of our transit station in Eden Prairie including our parking ramp on the site. Most of the funding came through federal grants. In addition, we have secured over $7 million in funding for the purchase of vehicles and construction of a park & ride facility in Chanhassen. Both will allow the agency to meet the growing demand for transit service in the Southwest suburbs over the next 5 - 7 years. Southwest had to compete for this funding. This year alone, the agency's federal applications placed # 1, #2, and #3 out of 40 for capital projects in 2005 and 2006. Capital projects are still funded through taxes, but we feel that we are competitive in bringing that money back to the residents we serve, and then some. So, what does this mean for taxpayers, like you? That's subject to personal interpretation. Some would say that not one nickel should be spent on transit, while others say we should all ride trains and buses, and there are millions of opinions in between. I am biased because I work for Southwest Metro Transit, but I believe we deliver a transit service that is second to none in this state. We work hard to provide a great service for our residents from clean buses to courteous drivers. However, we can always improve. There are some routes that are not performing well and we plan some service changes this year to improve our efficiency. CARVER COUNTY PARKS 10775 County Road 33 Norwood Young America, Minnesota 55397 Phone (952) 467-4200 Fax (952) 467-4355 Division of Public Works Government Center Administration Building 600 East Fourth Street Chaska, Minnesota 55318-2192 Phone (952) 361-1010 Fax (952) 361-1025 January 24, 2002 Todd Hoffman 690 City Center Drive Chanhassen, MN 55317 Dear Mr. Hoffman: I am pleased to invite you to the first meeting updating the Lake Minnewashta Regional Park Master Plan. The meeting will take place Wednesday, February 6, 2002 at 6:30 p.m. and will be held in the Lake Minnewashta meeting room of the Chanhassen Recreation Center located at 2310 Coulter Blvd. in Chanhassen. The consulting landscape architects and I will be on hand to facilitate discussion and begin the process for a master plan revision. I look forward to our meeting. Should you have questions you are welcome to call me at (952) 467-4590. Sincerely, Martin J. Walsh Parks Director RECEIVED JAN CITY OF CHANHASSEN Affirmative Actio¢~/Equal Opportu¢ffO' Employer Pri¢~ted o~ 30% Post-Co¢~sumer Recycled Pal;er AERIE networks January 25,2002 Morton C. Aaronson President, Chief Executive Officer Aede Networks, Inc. 1400 Glenarm Place Denver, Colorado 80202 303-572-1082 office 1303-572-1300 fax rnaaronson@aedenetworks.com Scott Botcher City Manager City of Chanhassen 690 City Center Ddve Chanhassen MN 55317-9634 RECEIVED' JAN ,?,, 8.200 O/TY OF CHANHASSEN Re: Reactivating the Ricochet Network and Request to Maintain Equipment at Your Site (MIN) Dear Scott Botcher, Ricochet Networks, Inc. (www.ricochet.com), a subsidiary of Aerie Networks, Inc., acquired the RicochetTM intellectual property and certain network assets from Metdcom on November 7, 2001. Since then, we have spoken to many owners of equipment abandoned by Metdcom and have received a lot of good ideas as well as interest in working with us to reactivate the network throughout the 21 major markets built by Metricom. Each major market includes a combination of municipalities, utilities and property owners who have possession of the Ricochet Pole Top Radios (PTRs) and Wired Access Points (WAPs) infrastructure that was abandoned by Metdcom. We have assessed the factors contributing to Metdcom's demise and determined that it built too many markets too fast and did not acquire enough customers to support the infrastructure. Its capital and operating expenditures, combined with poor marketing and overpriced services, led to its failure to generate sufficient revenue to cover its costs. As a consequence, you were left with agreements and leases that Metdcom could not perform, accounts receivable, claims and/or other liabilities as a result of the bankruptcy court orders allowing Metdcom to abandon the equipment on your pole tops, buildings or towers and to reject the agreements or leases that it had with you. The good news is that we want to tum your liability into an asset. However, this will take time. We need your cooperation and ask for your patience. The key to reactivating Ricochet in each market is to turn up incrementally the neighborhoods; the approximately 10 square miles served by a WAP and 20-30 pole top radios, prioritized by market analysis that predicts that Ricochet will obtain enough subscribers to pay for the operating costs of the infrastructure. In order to expedite this process, we are talking to strong potential market partners or affiliates who are interested in working with us to reactivate one or more of the major markets. We are also talking to potential channel partners who will act as resellers or agents to market the Ricochet service in select areas. While the Ricochet equipment you now own is basically the same in each market, the disposition, timing and issues that Ricochet must resolve in each area are different. We anticipate that the market recovery effort will evolve as we receive and digest the input from you and other equipment holders. We ask that, in the interim, the existing assets be maintained in place in order to expedite the re-activation of your market. AERIE networks Page 2 January 25, 2002 Morton C. Aaronson President, Chief Executive Officer Aede Networks, Inc. 1400 Glenarm Place Denver, Colorado 80202 303-572-1082 office / 303-572-1300 fax maaronson@aerienetworks.com We have assigned a single contact person for each market with whom you can work directly regarding Ricochet network infrastructure development, partnership opportunities and service availability in your area. The attached Market Profile sheet identifies your contact person. We are interested in hearing more from you regarding the status and availability of the network equipment previously deployed at your site. We know that to be successful, we must make your participation financially rewarding and convenient to manage. We appreciate your continued interest and look forward to the opportunity to work with you. Sincerely, Morton C. Aaronson President and CEO Encl: Market Profile For more information, contact www.ricochet.com www.ricochet.com MARKET PROFILE RICOCHET NETWORKS, INC. A subsidiary of Aerie Networks, Inc. MSA > MIN MARKET ANATOMY MINNEAPOLIS/ST. PAUL Market Demographics 2.9 million total population < 62% home PC penetration < 38.1% home Internet penetration < Network Infrastructure 77 Wired Access Points < 2,743 Pole Top Radios < Network Coverage 1.8 million total population < 62.7% of total population < 690,000 PC households/businesses < Ricochet Networks > Provides network facilities, operations, provisioning and maintenance > Operates, maintains, removes, reattaches, reinstalls, relocates, repairs and/or replaces Pole Top Radios (PTRs) on light poles or towers and Wired Access Points (WAPs) on rooftops Sells subscriptions and services through Affiliate, Market and Channel partners Utilities Provide pole top sites for PTRs and/or rooftop sites for WAPs Supply electric power to PTRs and/or WAPs Exchange for services and/or graduated rent Municipalities > Provide pole top sites for PTRs and/or rooftop sites for WAPs > Provide Right Of Way access to network infrastructure, where needed > Exchange for services and/or graduated rent WAP Site Owners '> Provide sites for WAPs > Exchange for services and/or graduated rent Affiliate, Market and Channel Partners > Own and/or operate network in select markets > Sell subscriptions and services > Share in costs aqd/or revenue > Market exclusivity and/or performance guarantees CONTACT Network Infrastructure Steve Falk (303) 542-1247 sfalk@ricochet.com Market Partnerships Greg Englerth (303) 542-1264 genglerth@ricochet.com General Information info@ricochet.corn MARKET APPROACH In each market, Ricochet Networks enters into business arrangements with local municipalities, utilities and private landlords covering network infrastructure. We also enter into agreements with local service providers to market Ricochet services. Business structure options include: > Exchange of network services for all or part of rent payments > Simple rent arrangement with graduated and/or deferred rent payments that track growth in network subscriptions. Ricochet provides estimated breakeven analysis to municipalities, utilities and private landlords for consideration > Affiliates, market and channel partnerships with options to: owns & operate network; cost share, revenue share and/or earn commissions; commit to revenue performance guarantees; provide customer acquisition and retention; and/or gain market exclusivity. Copyright 2002 Ricochet Networks, Inc. SUBURBAN TRANSIT ASSOCIATION LEGISLATIVE REPORT REPORT 2002-1 FRIDAY, JANUARY 2,5, 2002 RECEIVED JAN 2 8 2_002 OITY OF CHANHASSEN STA ADOPTS 2002 LEGISLATIVE AGENDA The STA Board of Directors adopted its 2002 Legislative Agenda on January 8, 2002. (The first three paragraphs outline the challenges facing opt-out service providers, specifically with the unknowns relating to the transition from the property tax to MVET for operating revenue.) The STA's top three priorities for 2002 are, in no particular order: · $50 million in regional bonding authority for transit capital · Preservation of MVET dedication for transit operating costs, including 20.5% in 2002 and additional 2.0% in 2003 · Support for comprehensive long-term transportation funding package, with transit as an integral component 2002 STA LEGISLATIVE AGENDA Since their inception, opt-out transit service providers have been very successful at attracting and retaining large and growing numbers of suburban riders. Opt-out ridership has increased over 100% since 1991 for each of the four opt-out transit service providers. This success has not come without challenges, though. Opt-out transit service providers are frequently faced with overcrowded buses and overflowing park-and-ride lots, with many of these riders coming from outside the transit taxing district. The STA Leqislative Report is prepared by Tom Poui and Liz Shields Keating Messerli & Kramer P. A., 145 University Avenue West, Suite 450, St. Paul, MN 55~03 Telephone (651)228-9757 Fax (651)228-9787 Because of this high demand for service, it is imperative to preserve the initial 20.5% of MVET dedicated to metro area transit operating costs in order to maintain existing service. The MVET dedication should not be jeopardized in efforts to balance the state budget. The additional 2.0% of MVET scheduled to become available in 2003 is critical to providing service to meet increasing demand, specifically in areas outside of the transit taxing district. Because of the transition schedule, the full impact of MVET as a revenue source will not be known until the fall of 2002. The Suburban Transit Association will continue to evaluate the projected level of funding, and determine whether or not a request for additional funding will be necessary during the 2002 session. A. BONDING FOR TRANSIT REGIONAL BONDING Regional bonding authority refers to bonds issued by the Metropolitan Council and backed by the property tax. The Metropolitan Council will be seeking regional bonding authorization for transit capital projects for FY2003-04 for mandated and service preservation needs. The Legislature authOrized $45 million in bonds' in 2001. The Metropolitan Council may be seeking authorization of $50 million per year in 2002. However, formal approval from the Governor and Met Council has not yet occurred. The STA strongly supports significant regional transit bonding authority to provide for basic transit investments such as bus fleet replacement, garage upkeep and construction, park-and-ride, transit hubs and other passenger facilities. Opt-out projects that would benefit from this authorization include: MVTA Midlife bus overhauls - $85,000 Replace buses- $10,854,643 SMTC Add buses - $156,246 Midlife bus overhauls- $692,250 Replace buses- $3,125,000 Maple Grove Transit · Transit hub - $1,724,983 Shakopee Area Transit · Add dial-a-ride vans- $210,000 STATE GENERAL OBLIGATION BONDING The STA strongly supports the use of state general obligation bonding to expand the number of hubs, stations, and park-and-ride facilities in the region. This funding would supplement the revenue available from regional bonding to meet additional transit capital needs. B, Ct Dw PRESERVATION OF MVET DEDICATION LEVELS PASSED BY 200'1 LEGISLATURE The 2001 Legislature statutorily dedicated 20.5% of the sales tax on motor vehicle sales (MVET) for transit operating revenue in the metropolitan area, and 1.5% for Greater Minnesota. An additional 2.0% of MVET revenue is dedicated to metropolitan area transit operating costs beginning in 2003, and the STA strongly supports dedicating this funding to bus transit. Because of the funding shortfall during the transition period from the property tax to MVET, some out-opt transit service has already been eliminated. If the level of dedicated funding declines, it is highly likely that additional service will be eliminated. FUNDING FOR TRANSIT SERVICE OUTSIDE THE TRANSIT TAXING DISTRICT Because there is a significant funding shortfall due to the transition from the property tax to MVET for transit, there is currently no funding available for service expansion outside the transit taxing district. However, due to an increasing demand for express service from areas outside the taxing district, and because the resources of the opt-out system and Metro Transit are being strained, a feasible solution must soon be found to provide adequate revenue to address this critical problem. There is a general perception that there should be an expansion of service areas now that funding for transit operating costs comes from a statewide fund, however the funding for transit capital remains on the property tax and is only levied within the transit taxing district. In order for expansion of service to become a reality, additional funding is needed for both operating and capital expenses. 1) Additional revenue is needed to fund operations of expanded express service routes. 2) The capital levy should be spread on the whole 7-county metropolitan area in order to provide transit facilities and buses in areas outside the current transit taxing district. 3) Expansion of transit service should be handled in a systematic fashion in order to avoid inefficient geographic leapfrogging of service provision. LONG-TERM TRANSPORTATION FUNDING OPTIONS The STA supports a comprehensive transportation funding package that considers and plans for transportation and transit needs well into the future. The STA believes that the solution must include a multi-modal approach encompassing highways, bus transit and rail options. The STA supports implementation of the Hiawatha Avenue light rail transit corridor and implementation of commuter rail lines EJ as part of an overall, integrated metropolitan transit system that provides convenient and seamless transit service to suburban residents. Some of the funding sources that the STA would support to meet these transportation and transit needs include: HIGHWAY FUNDING · Increased and/or indexed gas tax · Dedicated metro area sales tax · Trunk highway bonding TRANSIT FUNDING · Additional MVET · Dedicated metro area sales tax · General fund SUPPORT TRANSIT ADVANTAGES ON HIGHWAYS Suburban transit service relies on transit advantages in order to provide timesaving, convenient travel options. Convenient transit options encourage ridership, and therefore decrease overall congestion by reducing single occupant vehicles on highways. The three advantages that provide the most effective utilization are bus- only shoulder lanes, HOV lanes and ramp meter bypass. BUS ONLY SHOULDER LANES The STA supports the expansion of designated bus-only shoulder lane miles as a cost-effective means to make transit a timesaving alternative to driving. HOV LANES The STA strongly supports the ongoing use of the high occupancy vehicle (HOV) lanes on 1-35W and !-394. HOV lanes provide effective mass transit advantages, especially efficient travel times on some of the most congested highways in the region. This efficient travel time draws an increasing number of riders to mass transit services, which further reduces Congestion. The STA will closely monitor the HOV lane study mandated by the 2001 Legislature, in whatever form it occurs. RAMP METER BYPASS The ramp meter bypass system allows transit vehicles the opportunity to bypass stagnant traffic, and provides efficient ingress to the highway. DEDICATED BUSWAYS The STA supports the use of dedicated busways in efforts to make transit a timesaving alternative to driving. F. BIODIESEL INITIATIVES STA service providers use nearly 1 million gallons of diesel fuel per year, and as such are very interested in learning more about alternative fuel blends such as biodiesel. At the present time, the STA is concerned that there may not be sufficient long-term data available on the effects of biodiesel on fuel injection system durability, engine oil degradation, and combustion deposits. In light of these concerns, and because of the impact that biodiesel use could have on engine warranties, the STA urges a cautious approach in implementing a biodiesel mandate. If a biodiesel proposal is brought forward that would allow transit service providers the option of participating in a biodiesel pilot program, at no cost to the provider, some STA members may be interested. STA service providers would need to be held harmless with respect to the additional cost of biodiesel fuel, the additional administrative costs associated with participating in a study, costs associated with fuel delivery and storage, and the potential for additional engine maintenance needs in order for this to be a palatable option. STA ELECTS NEW OFFICERS FOR 2002 On January 8, the STA Board of Directors elected officers to lead the association for calendar year 2002. Mayor Nany Tyra-Lukens (Eden Prairie), who served as 2001 STA Vice Chair, was elected Chair. Her duties include presiding over all meetings of the Board and Legislative Committee, as well as representing the STA at the Legislature as needed. Councilmember Meg Tilley (Eagan), one of the newer members of the STA Board, was elected Vice Chair. Her duties will include filling in for Chair Tyra-Lukens as needed, and assisting with leading the association. Executive Director Beverley Miller (Minnesota Valley Transit Authority) was elected Secretary-Treasurer. Her duties will include managing the finances of the STA and assisting the other officers as needed. Congratulations to all new officers! The STA thanks outgoing officers Mayor Elizabeth Kautz, Burnsville (Chair), and Councilmember Scott Harstad, Plymouth (Secretary-Treasurer) for their hard work and dedication during the long and difficult 2001 legislative session. Z5 ZOOZ 15~09:5~ Vi~ F~x AMM FAX lie -> 93? 5739 Todd Gerhardt Page 88Z Of 883 services and January 21-25, 2002 MHFA Releases Inclusionary Housing Recommendations On Wednesday, Jan. 23, Commis- sioner Kit Hadley of the Minnesota Housing Finance Agency (MHFA) released her draft recommenda- tions to the Legislature regarding inclusionary housing. The Commissioner's recommenda- tions were developed through dis- cussions with an advisory commit- tee (which included representa- tives from AMM) and research on programs throughout the country, The recommendations will be transmitted to the legislature and a bill incorporating the recommen- dations will be introduced this ses- sion. The Commissioner's recommen- dations include: · Adoption of a Mixed Housing Development Bill. · Expanding the tools and chang- ing the methods by which cities pay for road projects, including collector streets. Association 0r He~ropolitan Piunicipali[ies 145 Untver$ffy Avenue West S~ Paul, MN $$105-2044 Phone; (651) 215-4000 Fax: (651) 2~1-2299 E-mail: arnrn~tmm145, otg ~. MM Fax News is faxed to all AMM city managers and administrators, lel~islatlve con- taas and Board members. Please share this fax ~vith youe mayors, counciln~mbers and staff to keep them abreast of important metro clty issues. · Changing the burden of proof in disputes between developers and cities. In cases where a pro- posed development is consistent with the city's zoning ordinance the burden would be on the city to prove health or safety concerns. · Requiring a cost impact state- merit when (1) a city imposes regu- lations on a housing development that are in excess of the state's building code; (2) a city amends its zoning ordinance; or (3) a city requires a developer to reduce a project's' density even though the development complies with the city's zoning ordinance. · Establishing a technical advi- sory group of the Construction Codes Advisory Council to de- velop model ordinances that re- duce the costs of compact, mixed use, new development and in-fill re- development. The Mixed Housing Development bill would provide that if a devel- oper proposes a mixed housing development, then the city must, in good faith, offer"reasonable regu- latory accommodations" to facili- tate the economic feasibility of the development. "Reasonable regu- latory accommodations" would in- clude increased density, smaller set-backs, smaller street widths and smaller lots. A "mixed hous- lng development" would be de- fined as a development that in- cludes at least one of the following (1) both for-sale and rental hous- ing, with at least 20 percent of the units rental; (2) rental housing where at least 20% of the units are affordable to households earning 50 percent of the median income or at least 40% of the units are af- fordable to households earning 60% ofthe median income; (3) for- sale housing where at least 20% of the units have a selling price below the area's median selling pdce. The legislation would exempt cit- ies in counties with a population of 30,000 or less and cities that have adopted an inclusionary housing ordinance. The legislation would also provide a high priority for MHFA funding for developments located in a city having an inclusionary housing ordinance or built under the provisions of the act. AMM is in the process of review~ lng the recommendations and would appreciate input from mem- ber cities. The complete MHFA recommendations are posted on the AMM web site at www.amm145.org, if you have questions or comments, please call Gene Ranieri at (651) 215- 4001. Jm~ ZS Z002 15:10~tg ~i~ l~× -> ' A~sod/ation of Metropolitan Municipalities News Fax I I GTS Offers New Format for Advanced Zoning Course The Government Training Service (GTS)is now of- fering its "Advanced Zoning" course in four- sessions over the course of four months. The course will be held in the LMC building during the lunch hour (11:30 a.m. to 1:00 p.m.) on February 13, March 13, April 10 and May 15. The new format is designed to ac- commodate busy schedules and is in addition to the traditional full day session, if you are interested in either format for this course, please contact GTS at (651) 223-5307 for additional information, NRi Update: The Metropolitan Council and its partners continue to work on a natural resources inventory for the seven-county metropolitan area. Maps illustrating "regionally significant" natural re- sources are scheduled to be completed March 6. 612 937 5739 Todd Gerhardt ?a§c 003 8£ 003 January 2'l-25, 2002, page 2 of 2 Met Council Announces 2030 Population Forecasts of an Additional 930,000 Residents The Metropolitan Council has released new popula- tion forecasts that project 930,000 new residents for the seven-county metropolitan area between 2000 and 2030. The previous forecast, which only went out to the year 2020, had projected 500,000 new people in the region. The new forecast also projects that the region will be home to 460,000 new house- holds and 550,000 new employees by the year 2030. The projections would result in a regional population of 3.6 million in 2030, as compared to the current population of 2.6 million, and approximately 1.5 mil- lion households in 2030, as compared to 1 million today. While births still represent a majority of the growth, migration is becoming an increasingly im- portant source of new residents. The new forecast projects 75,000 more households by 2020 than cities currently have planned for in their- comp plans. The Council is expected to see sub-regional break- downs of this forecast at their Jan. 30 meeting. TOTAL P,O3 Description of Governor's Aid Reduction Recommendation (revised) CY02 Aid Reduction: II. CY 02 Levy + Aid Growth Based Aid Reduction Cities are exempt if population is less than 1,000 Cities and Counties are exempt if their Levy + Aid increase for Cy02 is less than 4.5% (3yr state average change in households + inflation) Growth Based Aid Reduction equals the difference between: me Actual CY 02 increase in Levy + Aid, and The hypothetical increase equal to previous 3yr aVerage household growth + inflation times 125%. bi Also, if a jurisdiction had a negative 3yr average household growth rate, then the hypothetical increase would equal the statewide average change in inflation (2.95%). For cities, the growth based aid reduction is first taken from LGA and then fi'om the Market Value Credit Reimbursement Aid. : For counties, the growth based aid reduction is first taken from the Market Value Credit Reimbursement Aid and then from Homestead Agricultural Credit Aid (HACA). CY02 Uniformed Aid Reduction All cities are subject to a uniformed aid reduction equal to 2% of Levy + Aid and all counties are subject to a Uniformed Aid reduction equal to 1.5% of Levy + Aid. For cities, the uniformed aid reduction is first applied to LGA and then to the Market Credit Reimbursement Aid. For counties, the uniformed aid reduction is first applied to HACA and then to the Market Credit Reimbursement Aid. CY 03 Aid Reduction Total aid reductions in CY03 can not exceed 6% of Adjusted Net Tax Capacity (ANTC) for cities and 5% of ANTC for counties. The CY02 Growth-Based Aid reduction is carried forward to CY03. For cities, the aid reduction is applied to the LGA and Market Value Credit Reimbursement aid and for counties the aid reduction is applied to Homestead Agricultural Credit Aid (HACA). The CY03 Uniformed aid reduction is equal to 1.75% of a city's ANTC and 1% of a county's ANTC. The Uniformed aid reduction for cities is first applied to LGA and then to the Market Value Credit Reimbursement Aid. The Uniformed aid reduction for counties is applied to HACA. City Police / Fire Amortization Aid is eliminated, however, if this additional aid cut results in a total aid reduction greater than 6% of ANTC, then the marginal reduction amount attributed to the amortization aid would be added to the city's grandfathered LGA base. Q: Can cities increase their levy in 2003 to cover the loss of state aids? A: Not entirely. The uniform aid cut could be replaced through council- approved increases in the property tax levy. The replacement of revenues lost through the "growth-based" cut would require voter-approval. Q: Are dries being penalized for increasing their levies to cover the loss of HA CA ? A: Generally, the answer is no. The focus of the governor has been on growth in total levy plus state aids, By measuring city revenue growth in this manner, the loss of HACA and any resulting levy increase is factored out of the figures. Q: We issued bonds for the construction of a public facility last year and the debt service payments will begin this year. Does the "growth-based" cut exclude these debt service levies? A: No. The growth-based cuts are computed on the total proposed property tax levy for each city and do not make any distinction for debt service levies. Q: Our city is challenging the federal census figures because we believe there was an error in our population and household counts. If our appeal is upheld, will this impact the cuts? A: The answer'depends upon when the counts are corrected. To a degree, the three-year average growth in households will offset a miscount in the federal census. However, some of the appeals that are pending are significant and could significantly alter the calculation of the cuts. (2: The governor has proposed eliminating police and fire amortization aids beginning in 2003. Are these the aids that help pay PERA police and ?ire contributions for our police officers and the aids that go to our volunteer relief association ? A: No. The governor has proposed eliminating only the amortization aids that are currently targeted to cities that had consolidation accounts or have local police and full-time fire department relief associations still in operation. 1/16/2002 ' C 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200. (800) 925-1122 TDD (651) 281-1290 LMC Fax: (65i) 281-1299 LMCIT Fax: (651) 281-1298 Web Site: http://www, lmnc.org Governor's Proposed Local Aid Cuts: Frequently Asked Questions Note: This document reflects some of the questions we have received over the past several days. Although our responses are based on our careful reading of the supplemental budget materials, we have not yet seen a draft of the legislation. Some of the details of the governor's proposal could change before the bill is introduced. How does the governor's plan impact c/ties? A: The governor is proposing two distinct aid cuts for 2002, The first cut is called a "growth-based" cut and is based on the increase in total levy-and aids in each city. Larger increases in levy plus aids will generally result in larger cuts although there are adjustments for rapidly growing communities. The second cut is called a "uniform" cut that-will reduce each city's aid by 2 percent of its 2002 levy plus aids. Q' My city lost most of/ts LGA and ali of its HACA under the 2001 tax bill. Are we insulated from these cuts? A: Probably not, The cuts would first be made from LGA and then from the state reimbursement to your city for the new market value homestead credit. (2: What is the rationale for the governor's "growth-based cut?" A: The governor has suggested that some of the large proposed property tax increases is an indication that some cities can afford more pain because they are raising more total revenue, Q: Our city council reduced the final property tax levy in December. Will this action affect the cuts? A' Yes, the estimates that have been prepared by the Department of Revenue are based on the September 15 preliminary property tax levies for .each city. A reduction in the property taxes would reduce the city's aid cuts. MESSAGES FOR LEGISLATORS ON THE GOVERNOR'S "BIG FIX" II. III. IV. Summary of major points A. Cities should not be asked to disproportionately contribute to Solving the state's budget shortfall. Aid to cities comprises 10 percent of state revenues, but cities are being asked to absorb 30 percent of the revenue cuts. B. Cutting aids to cities will have consequences on city services. C. Cutting fund balances is not an effective solution. Cities did not proportionately benefit during the state's economic growth A. In the decade from 1992 -2002, aid to cities has grown by about 10% while state general fund revenues have increased by over 60% during that time. B. Aids to cities were cut by 10% for 2002 alone. C. Cities have paid a sales tax since the early 1990's. This was imposed during the last recession to help the state, but never removed. Cities and counties now pay over $100 million per year in sales tax. Cutting aid to cities will have consequences A. Aids and taxes pay for city services. Reducing aids will affect the level of services citizens receive. B. The largest expenditure category for cities is public safety. Depending on the extent of aid cuts, public safety expenditures could be impacted at a time wh_en citizen demands for increased public safety are rising. C. Financial advisors have indicated that city bond ratings could be adversely affected depending on the nature and severity of cuts. Preserving bond ratings is as important to cities as to the state; they directly affect the cost of government. All of these impacts could be compounded in cities with low property values because they cannot as easily compensate for aid cuts. Do Cutting fund balances should not be part of the solution A. The reasons cities have varying amounts of fund balances are very different. B. Most cities maintain about one-half of their budgets in reserve simply to avoid borrowing because property tax settlements and aid payments do not occur until mid-year. C. Use of fund balances is a one-time source of revenue; it does not solve the ongoing problem. D. Looking at city fund balances on December 31 is very deceiving since cities have just received state aid payments and property tax settlements. It is akin to looking at your checkbook on payday and believing you have a lot of money, not accounting for the bills that must be paid. E. Financial advisors have indicated that bond ratings could be adversely affected. V, Principles for solutions A. Any state actions should provide as much certainty and long term financial stability as possible. Service changes that may result because of state actions take time to implement and cannot always be quickly reversed once implemented. B. Cities should not be disproportionately affected by the states actions. Given the points raised in (II.) above, cities should not be asked to do more than other recipients of state funding. C. Any actions affecting cities should be as equitable as possible. Any reductions should not disproportionately undermine the revenue base of any types of cities. D. Cities must have the ability to balance service reductions with tax increases if necessary. E. Unlike the sales tax experience, whatever cuts that are imposed should be restored when the state's financial condition recovers. ii' ~ o ~, o o o o o o o o o o o o o o o o m o o o o o o o o o o o o o o o o o o o o o ~ o o o o o f~ o o o o m o o o o o o o o o o o o o o o o o o o o o o o ~ o o ~ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ~ o o ~ o o o o ~ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o w o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o oooooooooooooo~oooooooooooooooooooooooooooo~oooooo o o o o o o o o o o o o o o o o o o o o o o ~ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o .~ ,~ o o o o o o o o o o o o o o o o o o o C · ' t ooooooooooooooooooooooooooo~oooooooooooo o o o o o o o o o ~ o o o o o o o o o o o ~ o o o o o o o o o o o o o ~ o o o o o o o o o o c) o o o o o o o o o o o o o o o ~ o o o o o o o o o ooooooooooooooooooooooooooooooooooooooooooooooo o o o o o ~,, o o o o o o o o o o o o o o o o o ~ o o o o o o o o o o o o o o o o o o o o o o o LEVANI~ER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW January 30, 2002 _ ROGER C. MILLER TIMOTHY J. KUNTZ DANIEL J. BEESON ROLLIN H. CRAWFORD KENNETH j)ROHLF *TONETT~' T. DOVE STEPHEN H. FOCI=ILER **JAY E K~RLOVICH ANGELA M. LUTZ AMANN KORINE L. LAND ANN C. O'REILLY TROY G. KEPLER ERIC H. SAGVOLD DARCY M. MOHR Mr. Todd Hoffman Director of Parks &'Recreation Chanhassen Parks and Recreation Department City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 HAROLD LEVANDER 1910-1992 'ARTHUR GILLEN RETIRED *ALSO ADMITTED IN WISCONSIN **ALSO ADMITTED IN NORTH DAKOTA RE: Park Commission Term Expirations Dear Todd: I received the enclosed e-mail regarding Park Commission Term Expirations. I regret to inform you that I will not be re-applying for appointment. As you already know, my children are 10 years olds and 7 years olds. My wife and I have decided that I need to spend as much time with our children over the next few years until they reach that age when they want nothing to do with their parents. I thank you and the City Council for the opportunity to serve our community over the last three years, i will miss working with you, a person whom'I consider to be one of the most talented, dedicated and respected public servants in the Twin Cities. I will also miss my fellow commission members/friends. I am confident, however, that you will continue to direct the Commission to further enhance the "first rate" park system that is enjoyed by the citizens of Chanhassen. 'As a (soon to be) demanding Chanhassen resident, I hereby demand that the Bluff Creek trail under Highway 5 be extended/connected as soon as possible. 633 SOUTH CONCORD STREET. SUITE 400 · SOUTH SAINT PAUL MINNESOTA 55075 · 651-451-1831 ° FAX 651-450-7384 Mr. Todd Hoffrnan Page 2 January 30, 2002 Lastly, I kindly request that you forward this letter to the Commission and Council, and please pass-on my gratitude and regrets. fi Jay P. Kaflovich JPK/so Enclosure Jay P. Karlovich From: Sent: To: Cc: Subject: Hoffman, Todd [thoffman@ci.chanhassen.mn.us] Tuesday, January 29, 2002 2:15 PM David Moes; Jack Spizali (E-mail); Jan Lash; Jay Karlovich (E-mail); Michael Howe (E-mail); Rod Franks (E-mail); Tom Kelly (E-mail) Gerhardt, Todd Term Expirations Good Afternoon Wanted to make sure all are aware that Jan's, Mike's and Jay's terms expire on April 1st. Please contact me if you would like to reapply and I will get you an application. You will see notification of the open seats in the Villager. To date I have received one application. The City Council approved the 2002 Trail Connection Project last evening and ordered plans and specifications. Todd H C1TYOF CHAN SEN 690 Cio, Center Drive £0 Box 147 Chad;assen, Minnesota 55317 2Phone 952.937.1900 GeneraI Fax 952.937.5739 £~giu ee~'ing Depm'tm ent Fax' 952.937.9152 Building Depamnent Fax' 952.934.2524 Web Site u'wu~ci, cha,hasse,.m,.~s MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager Todd Hoffman, Park and Recreation Director February 4, 2002 SUB J: Resolution of Adzick Easement Matter In 1998 the City sought to obtain over a dozen easements along Powers Boulevard to allow construction of a trail. One particular easement was needed from a parcel that did not have a property identification number. The ownership of this parcel was researched by Independent Abstracting Services that identified the owners as Charles and Susan Teeter. Upon contacting the Teeters, it was their belief that they had transferred ownership to George and Lisa Adzick. To expedite the trail project, our attorney's office prepared easement papers for signature by the Teeters. The documents were executed and payment of $2,206.00 was made to the Teeters. Upon discovery of these transactions, the Adzick's protested contending that they were the owners of the trail easement parcel. Upon investigation, the attorney's office confirmed that the easement parcel was much larger than what we needed and did, in fact, act as the side yard of the Adzick's new home. To that end, Mr. John Kelly, representing the City, has prepared a limited warranty deed transferring ownership of this property to the Adzick's. The City will retain'the full 10-foot easement we originally paid for and the Adzick's will be required to combine the parcels. Approval of the limited warranty deed transfelTing ownership of this property from the City to George Adzick and Lisa Adzick is recommended. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *Also licensed in Wisconsin Bradley N. B¢isel, Esq. Hoeschler & Beisel, LLP 282 US Trust Center 730 Second Avenue South Minneapolis, MN 55402-2444 CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 January 29, 2002 John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron · Gina M. Brandt RECEIVED JAN ~ 1 ZOOZ CITY OF CHANHASSEN Re: City of Chanhassen/Adzick Easement Matter Your File No. 8107 Dear Mr. Beisel: I have enclosed herewith a proposed Grant of Permanent Easement ("Easement") between your client and the City of Chanhassen for the bike trail along the westerly edge of the property that the City would be deeding back to the Adzicks per your letter of January 19, 2002. The easement is for a ten foot strip, although the bicycle path may be slightly less than that along that edge of the property.' The City did not have an exact location on a per foot basis, however, they do know that it is ten feet or less all along that edge of the property. In addition to the Grant of Permanent Easement, I have enclosed a Limited Warranty Deed that I propose the City use to deed the property to your client. I have also enclosed a copy of the Warranty Deed from the Teeters to the City of Chanhassen to show you what was originally deeded to the City. At the time the City issues their deed, the City would get the Easement and would also require that your client provide the City with a letter to the County requesting that this parcel and their other parcel be combined for tax purposes. After you have had a chance to review this letter and the documents, please contact me with any questions or comments. Very truly yours, JFK:slc Enclosures CAMPBELL KNUTSON Profess'on Association . Mr. Todd Hoffinan (Enclosures) Suite 317 * Eagandale Office Center * 1380 Corporate Center Curve * Eagan, MN 55121 (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this ~ day of February, 2002, by and between GEORGE ADZICK AND LISA ADZICK, husband and wife, hereinafter referred to as "Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". WlTNESSETH: PERMANENT EASEMENT The Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns, forever, a permanent easement tbr public trailway purposes over, on, across, under and through the land situated in the County of Carver, State of Minnesota, legally described on the attached Exhibit "A". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to install, reinstall, inspect, repair, and maintain said public trailway system over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, pave, and excavate the 98716 easement premises, and the further fight to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trailway easement. The above named Grantors, for themselves, their heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent easement premises; that they have the sole right to grant and convey the easements to the City. IN TESTIMONY WHEREOF, the Grantors hereto have signed this Agreement the day and year first above written. GRANTORS: George Adzick Lisa Adzick STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this ~ 2002, by George Adzick and Lisa Adzick, husband and wife, Grantors. - day of February, Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 [JFK] 98716 EXHIBIT "A" A Permanent Easement for public trailway purposes over, on, across, under and through the westerly ten (10) feet of the following described property: That part of Government Lot 2, Section 2, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at the intersection of the west line of said Government Lot 2 with the southwesterly extension of the southeasterly line of Lake Road (now known as 62na ~treet) as dedicated in "Crane's Vineyard Park", according to the recorded plat thereof; thence northeasterly, along said southwesterly extension, to the easterly right-of-way line of the Excelsior and Eden Prairie Road as dedicated in said "Crane's Vineyard Park"; thence southerly along said easterly right-of-way line to the northeasterly right-of-way line of County State Aid Highway No. 17; thence northwesterly along said northeasterly right-of-way line to the west line of said Government Lot 2; thence north along said west line to the point of beginning. Which lies southerly of"Line 1" and northerly of"Line 2". Said "Line 1" and said "Line 2" are described as follows: "Line 1" is a line commencing at the northeast comer of the Northwest Quarter of said Section 2; thence westerly, along the north line of said Northwest Quarter, a distance of 279.40 feet to the center line of County State Aid Highway No. 17; thence southeasterly, along said center line, a distance of 605.54 feet to the beginning of the line to be described; thence northeasterly, deflecting to the left 83 degrees 51 minutes 00 seconds a distance of 250.00 feet and said line there terminating. "Line 2" is a line commencing at the northwest comer of Lot 7 in said "Crane's Vineyard Park"; thence on an assumed bearing of North 78 degrees 32 minutes 00 seconds East, along the northwesterly line of said Lot 7, a d/stance of 14.00 feet; thence South 15 degrees 56 minutes 00 seconds East a distance of 435.40 feet to the beginning of the line to be described; thence South 87 degrees 41 minutes 00 seconds West a distance of 500.00 feet and said line there terminating. 98716 (Reserved for Recording Data) LIMITED WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: February ,2002 FOR VALUABLE CONSIDERATION, CITY OF CHANHASSEN, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to GEORGE ADZICK and LISA ADZICK, husband and wife, as joint tenants, Grantee, real property in Carver County, Minnesota, described as follows: That part of Government Lot 2, Section 2, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at the intersection of the west line of said Government Lot 2 with the southwesterly extension of the southeasterly line of Lake Road (now known as 62na Street) as dedicated in "Crane's Vineyard Park", according to the recorded plat thereof; thence northeasterly, along said southwesterly extension, to the easterly right-of-way line of the Excelsior and Eden Prairie Road as dedicated in said "Crane's Vineyard Park"; thence southerly along said easterly right-of-way line to the northeasterly right-of-way line of County State Aid Highway No. 17; thence northwesterly along said northeasterly right-of-way line to the west line of said Government Lot 2; thence north along said west line to the point of beginning. Which lies southerly of"Line 1" and northerly of"Line 2". Said "Line 1" and said "Line 2" are described as follows: "Line 1" is a line commencing at the northeast comer of the Northwest Quarter of said Section 2; thence westerly, along the north line of said 98718 Northwest Quarter, a distance of 279.40 feet to the center line of County State Aid Highway No. 17; thence southeasterly, along said center line, a distance of 605.54 feet to the beginning of the line to be described; thence northeasterly, deflecting to the left 83 degrees 51 minutes 00 seconds a distance of 250.00 feet and said line there terminating. "Line 2" is a line commencing at the northwest comer of Lot 7 in said "Crane's Vineyard Park"; thence on an assumed bearing of North 78 degrees 32 minutes 00 seconds East, along the northwesterly line of said Lot 7, a distance of 14.00 feeti thence South 15 degrees 56 minutes 00 seconds East a distance of 435.40 feet to the beginning of the line to be described; thence South 87 degrees 41 minutes 00 seconds West a distance of 500.00 feet and said line there terminating. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (2) This Deed conveys after-acquired title; and Grantor has not made, done, executed or suffered any act or thing whereby the above- described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assessments and interest thereon; and The Grantor certifies that the Grantor does not know of any wells on the described real property. The total consideration for this transfer was less than $500.00 Afl'o: Deed Tax Stamp Here CITY OF CHANHASSEN By: Linda C. Jansen, Mayor By: Todd Gerhardt, City Manager 98718 STATE OF MINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this ~ day.ofFebruary, 2002, by Linda C. Jansen and Todd Gerhardt, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Tax Statements for the real property described in this instrument should be sent to: GEORGE and LISA ADZICK Chanhassen, MN 55317 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 [JFK] 98718 HOESCHLER & BEISEL ATTORNEYS Bradley N. Beisel Ph: 612-436-2222 Fax: 612-338-6600 Toll-Free 1-800-422-0819 beisellaw~,aol.com LLP 282 US Trust Center 730 Second Avenue South Minneapolis, MN 55402-2444 Lm~ye rs. c o m/be ise l law January 7, 2002 Chanhassen City Council City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: Adzick Easement Matter Our File No.: 8107 Dear Council Members: I represent George Adzick and Lisa Drill, the owners of 1155 Willow Creek in Chanhassen. They recently discovered that title to the land between their property and County Road 17 appears in the name of the City of Chanhassen. This was a surprise to my clients, who thought that they had bought land all the way to the road. Enclosed is a map of the area showing the names of the deed-holders. Investigation into this matter has revealed that the City obtained a deed to the "Chanhassen Parcel" tSom Charles and Susan Teeters in August, 1998. Teeters had no idea prior to that time that they had retained title to any land in the area. Teeters thought that they had deeded all of their property to the Swansons who later deeded to my clients. When contacted by the City in 1998 Teeters were told that they had retained a very small parcel, worth around $2,000.00 that the city may need for a trail. Based upon the City's representations, Teeters deeded the "Chanhassen Parcel" to the City for $2,206.00. It is clear to us that the deeds from Teeters to the Swansons, and from Swansons to my clients contained mutual mistakes as to the legal descriptions. Both deeds were intended to convey both the "Adzick Parcel" and the "Chanhassen Parcel" but through mutual mistake deeded only the "Adzick Parcel". It also seems clear to us that the City dealt unfairly, and perhaps fraudulently, with the Teeters in 1998 when it persuades them to deed to the City a very valuable piece of property for far less than it was worth, based upon false statements as to its size and value .... City of Chanhassen January 7, 2002 Page 2 This is to notify you that if the City of Chanhassen does not agree to deed to Mr. Adzick and Ms. Drill the property shown on the enclosed map as the "Chanhassen Parcel" that we intend to seek title to this property through litigation, in which case we will explore all available additional remedies as well. Please contact me, or have the City Attorney contact me upon your review of this letter. Very truly yours, HOESCHLER & BEISEL, LLP B~e~y eis' BNB/rgb ~ Cc, w/eno.: Roger Knutson, City Attorney George Adzick / / ////~ / / / 6O' ~'1.)' t. IN£ OF LoT I Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch St,esan Lea Pace CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 October 8, 1999 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron ?Als. licensed in ~Viscons., Mr. Todd Hoffman City of Chanhassen 690 City Center Drive P. O. Box 147 Chanhassen, Minnesota 55317 Re; Chanhassen 1998 Bike Trail Project - Teeter/Adzick Parcel No. 54 Our File No. 12668/490 Dear Todd: Enclosed for your information is a memo directed to the above-described file. If you have any questions regarding the above, please give me a call. Very truly yours, Campbell Knutson Professional Association JJJ:cj,~h Enclosure Joel J. Jamnik OCT 1 g 1999 CITY OF C!i/~NHASSEN Suite 317 · Eagandale Office Center · I380 Corporate Center Curve · Eagan, MN 55121 Memo To; From'. CC: Date: Re: File Joel Jamnik Todd Hoffman, Chanhassen Park and Recreation Director 10~05~99 1998 Bike Trail Project (Teeter/Adzick Parcel-No. 54) As part of the 1998 Bike Trail Project, the City's Consulting Engineers, Howard R. Green, identified a portion of the Powers Boulevard Trail Segment which needed to be constructed outside the Powers Blvd. Right-of-way. That parcel, identified as Parcel No. 54 on the project maps, is located near the City's northern boundary in Crane's Vineyard Park. The parcel, identified on County maps but not assigned a P.I.N. by the County, was researched by Independent Abstracting Services, Inc. (lAS) and lAS prepared an Ownership and Encumbrance (O & E) Report which identified Charles B. Teeter and Susan M. Teeter, husband and wife as joint tenants, as the owners of record for the parcel. The O & E Report also included an Abstractor's Note showing a warranty deed dated December 28, 1988 executed by the Teeters to Bruce A. Swanson and Tauna A. Holasek "because it appears subject property was inadvertently left off this deed." When our office contacted the TeeteCs, they expressed surprise that they were still the record owners of the parcel, thus confirming the Abstractor's note that the parcel was intended to be sold by the Teeters in 1988. Once informed of this issue however, the Teeter's indicated that they were entitled to compensation for the proposed easement, and also that they were interested in selling the property to the City. Because time constraints necessitated the prompt acquisition of right-of-way, and because any resolution of the title issues in the parcel between the Teeter's and the current owners of the parcels deeded by the Teeters to Swanson/Holacek was likely to be difficult and time-consuming, it was determined to proceed to acquire fee title from the TeeteCs. On October 5, 1998 the Teeter's executed a warranty deed conveying the parcel to the City of Chanhassen, in consideration of $2206.00 (this amount was calculated by Bill Waytas of Lyle Nagell & Associates as the value of the easement needed by the City). Thus, the City acquired fee title, by warranty deed, for the entire parcel for the estimated value of the easement over a portion of the parcel. · Page 1 The deed was recorded by the County, a P.I.N. was assigned to the parcel, and Carver County Abstract and Title Co. confirmed by letter dated September 29, 1999 that record title to the parcel is held by the City of Chanhassen. It seems likely that the Adzicks believe that some or all of the subject parcel is owned by them. Eventually, a dispute may develop between the Adzicks or their successor(s) in interest and the City over ownership of the parcel. It is for this reason that this memo documenting the background of the City's acquisition of the parcel from the Teeter's has been prepared. · Page 2 . WARRANTY DEED Individual to Corporation No delinquent taxes and transfer entered; ~ertificate of Real Estate Value (~') filed ( ) not required Certificate of Real Estate Value f dS01 3 - , OSunty Auditor Deputy STATE DEED TAX DUE HEREON: $ 8.25 Dncument No. OFFICE OF THE A235982 COUNTY RECORDER Filing Fee: S 19.50 Chect¢: 2478 Certified filed and recorded on 10-05-1998 at 02:00 F-~ AM~] 10-05-98 ,~ . County Recorder (reserved for recordinq data) Dated: August 22, , 1998 FOR VALUABLE CONSIDERATION, CHARLES B. TEETER and SUSAN M. TEETER, husband and wife, Grantors, hereby convey and warrant to the CITY OF CHANHASSEN, a Minnesota municipal corporation, Grantee, real property in Carver County, Minnesota, described as follows: That part of Government Lot 2, Section 2, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at the intersection of the west line of said Government Lot 2 with the southwesterly extension of the southeasterly line of Lake Road (now known as 62nd Street) as dedicated in "Crane's Vineyard Park", according to the recorded plat thereof; thence, northeasterly, along said Southwesterly extension, to the easterly right-of-way line of the Excelsior and Eden Prairie Road as dedicated in said "Crane's Vineyard Park"; thence southerly along said easterly right-of-way line to the northeasterly right-of-way line of County State Aid Highway No. 17; thence northwesterly along said northeasterly right-of-way line to the west line of said Government Lot 2; thence north along said west line to the point of beginning. Which lies southerly of "Line 1" and northerly of "Line 2". Said "Line 1" and said "Line 2" are described as follows: 14742 "Line 1" is a line commencing at the northeast corner of the Northwest Quarter of said Section 2; thence westerly, along the north line of said Northwest Quarter, a distance of 279.40 feet to the center line of County State Aid Highway No. 17; thence southeasterly, along said center line, a distance of 605.54 feet to the beginning of the line to be described; thence northeasterly, deflecting to the left 83 degrees 51 minutes 00 sec~An~d~a distance of 250.00 feet and said line there terminating. N0,~_.~_J-~.-~ OeedT~k~!~Gn o! $ ~'~ , ~ Ca~cr Ccv~%' Trcasurer C' -" ~:':- ~ ,- F'.to F.: id "Line 2" is a line commencing at the northwest corner of Lot 7 in said "Crane's Vineyard Park"; thence on an assumed bearing of North 78 degrees 32 minutes 00 seconds East, along the northwesterly line of said Lot 7, a distance of 14.00 feet; thence South 15 degrees 56 minutes 00 seconds East a distance of 435.40 feet to the beginning of the line to be described; thence South 87 degrees 41 minutes 00 seconds West a distance of 500.00 feet and said line there terminating. THE GRANTORS CERTIFY THAT THE GRANTORS DO NOT KNOW OF ANY WELLS ON THE ABOVE DESCRIBED REAL PROPERTY. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: ~ ~FIX DEED T~ ST~P HERE ~ ~~ ....... Susan M. Tee~e~ STATE OF MINNESOTA ) ) SS. COUNTY OF Hennepin) -, The foregoing instrument was acknowledged before me this c-~ day of "(~..~,~/, 1998, by Charles B. Teeter and SUsan M. Teeter, husband and Qtife, Grantors. ~"v'~"~"--~'~v'~'~' Tax Statements for the real property. ~ ~,~"~"~"*' . .. described in this instrument should be sent to (include name and address of Grantee): City of Chanhassen S90 City Center Drive Box 147 Chanhassen, MN 55317 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 JJJ 14742 2 Long Range Facilities Plan · Process is part of the Long-Range Plan Key Strategy: Manage Rapid Growth & Change · 200:1.-02 District 112 Goal: Plan for both short-term and long-term enrollment increases. · Board approves facilities planning process 11/01 - Goal: Produce Master Facility Plan .. :1:.'-.', Long-Range Facilities Plan · Major Research Pieces: · Lukermann Enrollment Projections- ~.1/0~. · CARE[ Report on Relevant Research - :1./02 · ~.~. Long-Range Facilities Plan · Study Group comprising representatives from each school and the community at-large will review research on .January 28 and .January 30 to create options for staff and community to consider · Community dialogue on options in February and March ~.. Long-Range Facilities Plan · ]:nput will help shape one option - ;, A group representing cross-section of the community will review the option in late April · Final recommendation to Board in June Long-Range Facilities Plan · Today's Purpose: Share information on . demographers r_eport and CARE]: study with staff in preparation for gathering your response/thoughts at future meeting. -~ Demography Report · Next 20 years will be "boom years" with population of District 1:[2 communities almost doubling · Current population: 38,000 · 20:1.0 population projection: 56,000 · 2020 population projection: 73,000 Demography Report · Current percentage of population between .5-17 years of age: · District :1.12 23% · Eden Prairie 22% · Edina :1.71 · Roseville 141 · Expect District 112 to maintain ils high percentage through 2020 Demography Report · City planners report shift from large, single family homes to more affordable options · Shift will mean increase in families with school-age children :,,.~..,~ . Demography Report . Kindergarten Enrollment · More than 800 four-year olds currently live in District 112 · Kindergarten class size could rise to 770 by 2006 compared to 633 this year .~'Demography Report · Short-Term Projections - 2006 enrollment based on Lukermann Report: '. K-5 4,707 · 6-8 2,153 · 9 694 - · 10-12 1,891 · Total 9,445 CToday: 7,416) .-~ Demography Report · Increase of 2,000 students in five years. · ]~. Demography Report · Long-Term Projections -less reliable · Enrollment peak projected for 20].4 at 11,100 studenLs · Kindergarten 785 · Gr. 1-5 4,186 · Gr. 6-8 2,653 · Gr. 9 890 · Gr. 10-12 2,598 Demography Report · Classroom Capacity September, 2002 · Kindergarten 864 · Grades J.-5 3,250 · Grades 6-8 2,000 · Grade 9 700 · Grades J. 0-~.2 J.,500 CAREI Report · Research compiled b~ the Center for Applied Research and Educational Improvement - University of Minnesota · Presents a balanced view of research - no preconceived agenda · Limited to issues directly affected by space thus influencing facilities planning CAREI Report ... · Reflects research on seven topics: · School size · Class size · Planning & design · Grade organization & transitions · Full-day kindergarten · Multiple use facilities · Technology in schools - ,-~ CAREI Report · Full report accessible at www.districtll2.orq under Current Events and then Long-Range Facilities Plan '"'"'k~ Research Findings.. · Make schools accessible to the community & pursue partnerships · Schools should be located where people live and offer resources (e.g. gyms, playgrounds, meeting spaces, etc.) that directly benefit the community. · Schools should be designed with enough flexibility to accommodate changing community needs. -.~.~._ Research Findings.. .... · Building design impacts learning · Smaller schools/classrooms foster increased adult-child conriections. · Smaller schools positively impact student learning, behavior and teacher attitude. · Smaller schools increase parent and community involvement. Research Findin. gs · l~deal school sizes range from · 300-400 students at the elementary level · 400-800 students at the secondary level. Research Findi.ngs · Lessen the impact of transitions · Transitions negatively impact achievement. · Fewer transitions reduce stress in students, teachers, parents. · Consider restructuring to K-8 and 9-~.2 school configuration and combine preschool with elementary grades. · Full-day kindergarten improves early learning. -~. Research Findings · Make technology an integral part of school design · Technology is a motivator for learning. · Students who use computers have higher achievement. · Schools should be designed to incorporate changing technology. ,-~ Research Finding_s · :Invest in the community · Build on existing community resources and expand relationships between school and community. · Involve all stakeholders in decision making. · Share resources, · Maximize facility/technology potential through on-going training for all staff. What do you think? · What are your questions or comments regarding the Lukermann report on enrollment projections and the CARE[ report on best practices in areas affecting space? · School representatives will bring your ideas and questions to the Study Group where options will be developed on .]anuary 28. Demography Report · Classroom Capacity September, 2002 · Kindergarten 864 · Grades ~.-5 3,250 · Grades 6-8 2,000 · Grade 9 700 · Grades ~.0-~.2 ~.,500 '~l~ CAREI Report · Research compiled by. the Center for Applied Research and Educational Improvement - University of Minnesota · Presents a balanced view of research - no preconceived agenda · Limited to issues directly affected by space thus influencing facilities planning CAREI Report .... · Reflects research on seven topics: . · School size · Class size · Planning & design · Grade organization & transitions · Full-day kindergarten · Multiple use facilities · Technology in schools ~: CAREI Report · Full report accessible at www.districtl:[2.org under Current · . Events and then Long-Range Facilities Plan ~. Research Findings._ · Make schools accessible to the community & pursue partnerships · Schools should be located where people live and offer resources (e.g. gyms, playgrounds, meeting spaces, etc.) that directly benefit the community. · Schools should be designed with enough flexibility to accommodate changing community needs. ~k~ Research Findings · Buildin§ design impacts learning · Smaller schools/classrooms foster increased adult-child connections. · Smaller schools positively impact student learning, behavior and teacher attitude. · Smaller schools increase parent and communib/involvement. Research Findings · :ideal school sizes range from · 300-~I00 students al: the elementary level · 400-800 students at the secondary level. ,.. ~ Research Findings · Lessen the impact of transitions · Transitions negatively impact achievement. · Fewer transitions reduce stress in students, teachers, parents. · Consider restructuring to K-8 and 9-12 school configuration and combine preschool with elementary grades. · Full-day kindergarten improves early learning. Research Findings · Make technology an integral part of school design · Technology is a motivator for learning. · Students who use computers have higher achievement. · Schools should be designed to incorporate changing technology. Research Findings · Invest in the community · Build on existing community resources and expand relationships between school and community. · Involve all stakeholders in decisio~ making. · Share resources. · Maximize facility/technology potential through on-going training for all staff. -~, What do you th_ink? · What are your questions or commen~ regarding the Lukermann report on enrollment projections and the CARE! report on best practices in areas affecting space? · School representatives will bring your ideas and questions to the Study Group where options wilt be developed on .January 28. Long Range Facilities Plan · Process is part of the Long-Range Plan Key Strategy: Manage Rapid Growth & Change · 200:1.-02 District 112 Goal: Plan for both short-term and long-term enrollment increases. · Board approves facilities planning process 11/01 - Goal: Produce Naster Facility Plan -~. Long-Range Facilities Plan · Major Research Pieces: · Lukermann Enrollment Projections - :1.1/01 · CARE:[ Report on Relevant Research - 1/02 Long-Range Facilities Plan · Study Group comprising representatives from each school and the community at-large will review research on .January 28 and .]anuary 30 to create options for staff and community to consider · Community dialogue on options in February and March Long-Range Facilities Plan · ]:nput will help shape one option · A group representing cross-section of the community will review the option in late April · Final recommendation to Board in .]une :..~ Long-Range Facilities Plan · Today's Purpose: Share information on demographer's report and CARE]: study with staff in preparation for gathering your response/thoughts at future meeting. Demography Report · Next 20 years will be "boom years" with population of District :!.!2 communities almost doubling · Current population: 38,000 · 2010 population projection: $6,000 · 2020 population projection: 73,000 Demography 'Report · Current percentage of population between 5-17 years of age: · District 112 23% · Eden Prairie 22% · Edina 17% · Roseville 14% · Expect District 112 to maintain ils high percentage through 2020 Demography Report · City planners report shift from large, single family homes to more affordable options · Shift will mean increase in families with school-age children Demography Re_port. · Kindergarten Enrollment . More than 800 four-year olds currently live in District 112 · Kindergarten class size could rise to 770 by 2006 compared to 633 this year · .,.~ Demography RePOrt · Short-Term Projections - 2006 enrollment based on Lukermann Report: · K-$ 4,707 · 6-8 2,153 · 9 694 · 10-12 1,891 · Total 9,445 (Today: 7,416) Demography Report · Increase of 2,000 students i~ five years. Demography Rep. ort · Long-Term Projections- less reliable · Enrollment peak projected for 2014 at 11,100 students · Kindergarten 785 · Gr. 1-5 4,186 · Gr. 6-8 2,653 · Gr. 9 890 · Gr. 10-12 2,598 0 0 0 0 0 CO O~ CO 0 0 ~ CO ~ ~:) o~ x O~ x c~ O~ c7~ O~ · Z o o o o o~~® u Corridor Tran.s.portation 7:30 a.m. - 0:00 a.m. ~/ Safari Island Community Contor ~00 Community Drivo, Waconia AGENDA 1. Corridor Projects Update- LEZLIE VERMILLION, MnDOT Metro Area Manager 2. 2002 Legislative Session (area legislators invited) , SWCTC 2002 Communications Plan 2002 Communications Goals and Objectives-01/25/02 (attached) Resolutions Supporting State Legislative Action (Sample resolution, including distribution attached) I~ New Release - Cities, Counties and Chambers Launch 2002 Resolution Campaign (attached) News Release- Representative Molnau's decision to mn' for Lieutenant Governor (attached) 4. Other business: ~ SWCTC Board of Directors and Technical Advisory Committee update (2002 list attached) ~' Discuss Next Membership Meeting- Friday, March 15th Time to be determined Chanhassen Recreation Center has not been confirmed I~ 4th Annual Minnesota Drive-in - 02/7/02. (registration attached) 5. Adjoum. Attachments Robert J. Lindall, President 200 S. Sixth Street, 470 Pillsbury Center Minneapolis, MN 55402 PHONE: (6'12~ 337-9300 · FAX: tR12~ .~7-9.310 SOUTHWEST CORRIDOR TRANSPORTATION COALITION 2002 COMMUNICATION GOALS AND OBJECTIVES January 25, 2002 SWCTC GOAL STATEMENTS 2002 Goal for SWCTC: To secure an adequate level of additional state highway funding during the 2002 Minnesota legislative session so that construction of New Highway 212 (CR 147 to CSAH 4) can be advanced from 2011 to 2004. Communication Goals: Establish approval of additional state highway funding, as related to the New Highway 212 project, as the top legislative investment priority in 2002 for ali legislators in the TH 212 corridor (Twin Cities to South Dakota border). Develop a high level of key constituency advocacy in support of additional state highway funding for the New Highway 212 project throughout the TH 212 corridor. Target advocacy activity at TH 212 corridor legislators. Secure commitments from TH 212 corridor legislators that they will take leadership roles in securing additional state highway funding in the 2002 legislative session. EXISTING ASSETS: NEW HIGHWAY 212 PROIECT The New Highway 212 project has cleared all community, environmental and local government approvals and is ready to go to design and construction phases. The only barrier to construction of New Highway 212 beginning in 2004 is a lack of state funding. Mn/DOT has designated the New Highway 212 project as the top highway expansion priority in the state and will be the first to receive necessary funding when additional state funding is available. Initial section of the New Highway 212 project is complete and has been well received. Substantially all required right-of-way for the New Highway 212 project will be acquired by the spring of 2002. $3 million in federal funds is earmarked and available to the New Highway 212 project for preliminary engineering. Some $100 million in state and federal funds has already been invested in the design and construction of improvements to TH 212 and right-of-way for the project. Congress has identified TH 212 as part of the National Highway System. Community, local government and key constituency support for the New Highway 212 project is strong throughout the corridor. The New Highway 212 project enjoys strong support from corridor legislators. ., The New Highway 212 project enjoys strong support from Congressman Mark Kermedy, Congressman Jim Ramstad, Senator Paul Wellstone and Senator Mark Dayton. Mn/DOT lists TH 212 as a major state "inter-regional" highway corridor. There is general public support for additional state transportation funding. SWCTC COMMUNICATION OBJECTIVES Legislative approval in 2002 of additional state highway funding of a magnitude that will enable construction of New Highway 212 to be advanced from 2011 to 2004. (Measurement: Quantitative based on outcome of legislative session.) Secure expressed support from the 18 TH 212 corridor legislators for additional state highway funding as the top legislative investment priority for the 2002 legislative session. (Measurement: Quantitative based on the votes or actions of individual legislators.) Secure expressed commitments from TH 212 corridor legislators to take leadership roles in pursuing additional state highway funding in the 2002 legislative session. (Measurement: Quantitative based on the actions of individual legislators.) Secure expressed support from the nine county boards and 24 city councils in the TH 212 corridor for additional state highway funding as the top legislative investment priority for the 2002 legislative session. (Measurement: Quantitative based on actions by county boards.) Secure expressed support from 13 targeted Chambers of Commerce in the TH 212 corridor for additional state highway funding as the top legislative investment priority for the 2002 legislative session. (Measurement: Qualitative based on media monitoring.) Secure editorial support from all daily and major weekly newspapers in the TH 212 corridor for additional state highway funding as the top legislative investment priority for the 2002 legislative session. (Measurement: Quantitative based on media monitoring.) KEY MESSAGES: NEW HIGHWAY 212 The New Highway 212 project is the state's top highway expansion priority that only lacks sufficient funding from the Legislature to be advanced and constructed. Additional state transportation funding to advance construction of the New Highway 212 project from 2011 to 2004 is the top legislative investment priority in 2002 for local governments and other key constituencies throughout the TH 212 corridor. Local governments and key constituencies throughout the TH 212 corridor will support transportation funding proposals in 2002 that will provide the necessary additional funding to advance the New Highway 212 project from 2011 to 2004. Local governments and key constituencies throughout the TH 212 corridor ex~ corridor legislators and the governor to make additional state transportation funding and the New Highway 212 project the top legislative investment priority for 2002. The New Highway 212 project is greatly advanced in planning and approvals: Received ail state, local government, community and environmental approvals. Designated by Mn/DOT as top priority for additional funding. Ready to go to design and construction phases. Right-of-way fully acquired by June 30, 2002. $3 million in earmarked federal funds to completely fund project design. With funding, scheduled construction can be advanced from 2011 to 2004. Sample City Council Resolution (modified for Counties and Chambers, see distribution below) Supporting State Legislative Action in 2002 To Approve Funding for Construction of New Highway 212 In the Southwest Metro area (Eden Prairie, Chanhassen, Chaska) Distribution: Counties - Carver, Chippewa, Hennepin, Lac Qui Parle, McL¢od, Renvill~, Scott, Sibl~y and Yellow Medicine Cities - Arlington, Bird Island, Brownton, Carver, Chanhassen, Chaska, Cologne, Danube, Dawson, Eden Prairie, Gaylord, Gibbon, Gl~nco¢, Granite Falls, Green Isle, Hamburg, Hector, Montevideo, Norwood Young America, Olivia, Plato, Rcnvill¢, Sacred Heart, Shakop~¢, Stewart, Victoria and Waconia Chambers of Commerce: - Arlington Area, Charrhasscn, Chaska, Dawson, Eden Prairie, Gaylord Area, Glenco~, Granite Falls, Montevideo, Norwood Young America, Olivia, Shakopee, Victoria, Wa¢onia and Bird Island Civic & commerce Club. Resolution of Legislative Priority: State Legislative'Action in 2002 To Approve Funding to Advance Construction'of New Trunk Highway 212 in the Southwest Metro area WHEREAS, state Trunk Highway 212 is a critical transportation corridor serving the economic interests of Southwest Minnesota from the Twin Cities to the South Dakota border, and WHEREAS, the United States Congress has designated TH 212 as part of the National Highway System and the Minnesota Department of Transportation has officially identified TH 212 as a critical "inter-regional corridor" in the state, and WHEREAS, reconstruction of TH 212 to a four-lane state highway from the Twin Cities to the South Dakota border has long been recognized as one of the top transportation and economic priorities for Southwest Minnesota, and WHEREAS, construction of New Highway 212 in the counties of Hennepin and Carver (CR 147 to CSAH 4) represents a critical component in improving transportation service throughout Southwest Minnesota, and WHEREAS, the project to construct New Highway 212 has received ail necessary federal, state, local government, community and environmental approvals and is ready to go to design and construction, and WHEREAS, the Minnesota Department of Transportation has designated the project to construct New Highway 212 as the state's top highway expansion project and the first to receive necessary state funding when such funding is available, and WHEREAS, due to insufficient state highway funding, construction of New Highway 212 is currently scheduled to begin in 2011, which is a schedule considered unacceptable by this Council and the citizens it represents, and WHEREAS, the start of construction of New Highway 212 could be advanced from 2011 to 2004 with approval of sufficient state funding during the 2002 legislative session by the Minnesota Legislature and Governor Jesse Ventura, and NOW, THEREFORE, BE IT RESOLVED, the City Council has established as its top legislative investment priority for 2002 the approval by the Minnesota Legislature and Governor Ventura of sufficient additional state transportation funding to advance the start of construction of New Highway 212 from 2011 to 2004. ***** NEWS RELEASE ~ ~t tC°rrid°r i/r~./- Transportation January ~4, ~002 ~ F Coalition Contact: Bob Lindall, president, SWCTC 612-337-9300 (o) Highway 212 Supporters Launch 2002 Resolution Campaign TH 212 Funding is Top Legislative Priority (Chaska, Minn.) Cities, counties and chambers of commerce throughout the state Trunk Highway 212 corridor fi'om the Twin Cities to South Dakota are being asked to support funding for construction of New Highway 212 in Hennepin and Carver counties as Minnesota's top legislative investment priority for 2002. The Southwest Corridor Transportation Coalition (SWCTC), an organization of citizens, local governments and businesses that advocates for transportation improvements in Southwest Minnesota, has distributed sample resolutions of support for funding New Highway 212 to more than 45 county boards, city councils and local chambers of commerce served by the highway. The SWCTC is asking the organizations to approve the resolutions as soon as possible. The Minnesota Legislature will convene the 2002 legislative session January 29. "We intend to send the message to legislators and Governor Ventura that funding for New Highway 212 is the top state investment priority for all the communities along the 212 corridor," said Bob Lindall, SWCTC president. "The New Highway 212 project is critical to the economy of Southwest Minnesota and is ready to go to design and construction right now. Lack of state funding is the only thing standing in the way." t Construction of New Highway 212 - a new four-lane highway fi'om County Road 147 in Chaska to County Highway 4 in Eden Prairie - has received all necessary state, federal, local government and community approvals. Despite being recognized by the Minnesota Department of Transportation as the leading highway expansion project in the state, the project is not scheduled to begin until 2011 because of a shortfall of state transportation funding. If the Minnesota Legislature approves the necessary funding, approximately $160 million, the project could begin in 2004. "Southwest Minnesota has waited patiently for TH 212 improvements, but the current construction schedule for New Highway 212 is unacceptable," Lindall said. "We hope that with the expressed support of cities, counties and business groups, legislators will realize that 2002 is the year for New Highway 212 to be funded." -30- For more information on the New Highway 212 project, visit the web ~ wvav. dot. state, mn. us/movingminnesot a/proj ects. html#studies. SOUTHWEST CORRIDOR TRANSPORTATION COALITION II I NEWS RELEASE January 16, 2002 Contact: Bob Lindall, president SW Corridor Transportation Coalition 612-337-9300 (o) SW Minnesota Transportation Group Applauds Molnau Selection GOP Lt. Governor Candidate Strong Supporter of TH 212 Improvements (Chaska, Minn.) State Representative Carol Molnau's (R-Chaska) decision to nm for Lieutenant Govemor with GOP gubernatorial candidate State Rep. Tim Pawlenty (R-Eagan) was welcome news to those who support state funding for improvements to Trunk Highway 212. Molnau's candidacy was announced January 14. "Rep. Molnau has long been a strong supporter and advocate for iml~roving TH 212 from the Twin Cities to South Dakota," said Bob Lindall, president of the Southwest Corridor Transportation Coalition (SWCTC), an organization of citizens, local governments and businesses that advocates for transportation improvements in Southwest Minnesota. "Lending her voice to the statewide debate on transportation funding during the 2002 campaign can only help TH 212, TH 5 and other critical infrastructure projects in SouthWest Minnesota and throughout the state." Rep. Molnau was first elected to the Legislature in 1992 and has served as chairwoman of the House Transportation Finance Committee since 1999. Last year Molnau co-authored legislation to provide $60 million in critical right-of-way acquisition funding for TH 212 and other state highway projects. "Clearly, meeting state transportation needs will be one of the top issues of the 2002 gubernatorial campaign," Lindall said. "Fortunately, Rep. Molnau recognizes that Minnesota faces a critical transportation funding shortfall. We look forward to working with her and all statewide candidates to address funding needs for TH 212 and transportation projects across the state." -30- Robert J. Lindall, President 470 Pillsbury Center, 200 South Sixth Street Minneapolis, Minnesota 55402 Phone: (612) 337-9300 · FAX: (612) 337-9310 Put: ¥O....u.~,~~Advo~ca~~ S~hlls to, Work Attend The Minnesota Transportation Alliance. ~~ 4th ~ Thursday Februa~ 7~ 2002 2515 Wabash Avenue, Suite LL2, Saint Paul, MN 55114 (651) 659-0804 FAX (651) 659-9009 E-mail: katie@transportationalliance.com www. transportationalliance.com The annual Drive-In provides ah opportunity for all of us to join together and get our message out. The more voices we have sending out a unified message, the more successful we will be in moving a transportation investment plan forward. Through the annual Drive-In, the Minnesota TransportatiOn Alliance has the ability to bring the' most influential arm of our industry together with lawmakers -You and your colleagues! Here's your chance to put your advocacy skills to world Visit with your representatives and bring your transpor- tation concerns to their attention. Alliance priorities indude: Full replacement of license tab fee reductions with a constitutionally dedicated MVET transfer. · Development and funding for a local road improve- ment program. · Stable, long-term funding for highways and transit. · Increased funding for state and local bridges. Preliminary Agenda 9:00a- Registration (Kelly Inn) 9:00a - pre-arranged group meetings begin (we will notify you of your meeting time/s) 9:30a- Briefing. 10:00a-11:30a - Speakers: Transportation Cmmte Chairs 1 l:30a-1:00p - Lunch - Speakers: Legislative Leadership 2:00p to 3:00p - Transportation Rally (State Capitol) Best Western Kelly Inn, Saint Paul 1-94 & Marion Street Thursday, February 7, 2002 9:00 mm. - 6:00 p.m. Alliance Members: $105 Non-members: $130 Registration is open to Alliance members and guests. Cancellation Deadline: Friday, February 1st at 5:00 p.m. Cancellations received after that time will be charged a $25 cancellation fee. Meetings will be set for you with your representative and senator in a group with other Drive-In participants from your residential district. Register Online at www. transportationalliance.com, by Fax (651) 659-9009 or by Mail at 2515 Wabash 4:30p - Reception (Kelly Inn) . Avenue, Suite LL2, Saint Paul, MN 55114. Call Katie Chnstensen' at 651 659-0804 wtth quest, tons 5'.00p-6:00p - Invited Speakers: Governor Jesse Ventura, [~ -. - Commissioner El Tinklenberg and Ted Mondale ........ ._[____L ............... _' ....... . ...... '~ ......... ~ Salile: Organization: Business AddreSS: Business City Phone: Business ( E-mail ) Fax ( State ~ Zip Please complete ONE of the following options to allow us to set your group appointments: Option 1: My legislative district is: OR Option 2: Please make the following appointment/s for me: Option 3: (provide home address) Home Address OR Amount due: $ UI Check enclosed- [21 Check to follow lZI Bill me. PO# Please make checks payable to: Minnesota Transportation Alliance 2515 Wabash Avenue, Ste LL2 St. Paul, MN 55114 FAX (651) 659-9009 katie~transportationalliance.com Questions? Call (651) 659-0804 Register online at: www. transportationalliance.com Registration deadline: Friday, February 1, 2002