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Items w/o item # m (-,ATE`NS MIS FOOD Retail Foods of Minnesota • Office: (612) 935 -2060 • FAX: (612) 935 -3041 5720 Smetana Drive • Suite 300 • Minnetonka, MN 55343 1 October 11, 1991 1 Mayor Don Chmiel 1 7100 Tecumseh Lane Chanhassen, MN 55317 Dear Mayor Chmiel, 1 I an writing regarding the Ordinance Modification Prohibiting "Self- Service Merchandising of Tobacco Products" that will come 1 before the City Council on Monday, October 14, 1991. We are all aware that the issue has been one that has been hotly debated in the past which has resulted in it appearing as though business has been at odds with the City Councils Agenda. ' The common goal and objective is to keep tobacco products out of the hands of anyone under 18 years of age. I believe the 1 retailers of Chanhassen are good corporate citizens and that they can work in concert with the City Council and Administration to achieve desired results and possibly establish a model that could 1 be used on a state -wide basis. In this regard, there are two issues in the ordinance I would like to address: 1. Suspension /Revocation Of License - We are doing a good job of training and instructing our employees with regard to selling tobacco products to anyone under the age of 18. Where we have a problem is when an employee takes it upon 1 himself /herself to ignore the law and company policy and sell to a person under 18. My proposal would be that the proof of burden would be placed on the employer to prove that the employee had proper training and instruction. ' One method for doing this would be to have a signed employee affidavit, possibly on Police Department letterhead, indicating that the employee understands the 1 law. If there is not an affidavit on file and there is a violation than make the license subject to revocation. 1 2. Sale Of Tobacco Products By Minors Prohibited - This statute would make it very difficult for large businesses, such as supermarkets, to do business in Chanhassen as well as limit the potential for 16 and 17 ' year olds to work in large retail operations which may be built in Chanhassen. While Brooks' Food Markets does not employ people under the age of 18, I believe this 1 ordinance could work to the detriment of the City. 1 Mayor Don Chmiel October 11, 1991 Page Two I am requesting that the City Council table the new ordinance 1 on Monday, October 14, 1991, in order to give time for the business community and the City Council to work together to find the best way to accomplish our common goals. By setting a framework of working together we may find, through proper communication, a way to solve current problems as well as future problems and challenges. Thank you for your consideration. 1 Sincerely, • Keith P. Carlson Division Manager 1 1 1 1 1 1 1 1 1 CITYOF 690 COULTER DR IVE • P.O. BOX 147 • CHANHASSENM , INNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager ! FROM: Todd Hoffman, Park and Recreation Coordinator ' DATE: October 14, 1991 SUBJ: Bid Opening, Lake Ann Park Picnic /Recreation Shelter, Project RA -110 The bid opening for the above mentioned project was held at 9:00 a.m. this morning, October 14, 1991. As you are aware, the results of this opening were not favorable. The low base bid of $279,800 is approximately $90,000 higher than the budget and original ' engineer's estimate. This difference can be attributed to a number of factors, but obviously it is not in the city's best interests to more forward with this project at this time. It is therefore recommended that the City Council reject all bids for the shelter and table action on both the shelter and utilities until October 28, 1991. In the interim, a detailed assessment of the bid difference will be prepared. If the Council remains committed to the park shelter project, it is preferable that the utilities be installed in 1991. Delaying construction until the spring of 1992 would cause greater ! disruption to park users. 1 ! i tie PRINTED ON RECYCLED PAPER ' VanDoren p Hazard Stallings, Inc. Architects • Engineers • Planners October 14, 1991 Mr. Todd Hoffman Park and Recreation Director City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Ref: Bids - Lake Ann Picnic Shelter City Project Number: RA -110 VHS Project Number: 91 -319 Dear Todd: Seven bids were received on Monday, October 14, 1991 for the subject project. The bids ranged from a low of $279,800.00 to a high of $431,200.00. The estimate for the project was $185,000.00. We share your complete surprise in the difference between the low bid and our latest cost estimate. When these situations occur, the first and most frequently asked question is "Why ?" and the next question is "What can we do about it ?" The following addresses these questions. The answer to the "Why" question starts with an examination of the basis for our estimate. For over 30 years, R.S. Means Company, Inc. has been providing construction cost estimation guides which have become recognized as industry standards. We used this reference to prepare all of the estimates for this project. It could be that the size of the Lake Ann Building was not fully addressed in the Means' cost projections. But what did the contractors see in the project that was different from industry norms? In order to address this issue, we interviewed contractors that submitted bids on the project. Their comments are summarized as follows: • Lack of interest by masonry contractors. One subcontractor stated, " We didn't want to mess around with all that hand stone work." One general contractor could not obtain any masonry bids and put in a cover -all price while another elected not to bid the project because of the lack of interest by masons. • Apathy of contractors toward taking on more work this fall was coupled with comments like, "This wasn't the type of work we were looking for". Most bidders and non - bidders expressed the feeling that there is a satisfactory amount of work available yet this year. 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447 -2175 (612) 553 -1950 CITY OF CHANHASSEN MINNESOTA LAKE ANN PICNIC /RECREATION BUILDING CITY PROJECT NO. RA -110 J Bidder Bid Adden. Base Bid Alt. #1 Alt. #2 Alt. #3 Alt. #4 Remarks Security 1,2,3 ALM ✓ ✓ P-761, fbOe,oO Add6 Add 6d /Ded ' Ig3 1244o 330 4.3o ci Vol k vMGI t� ✓ \/' 32'1 '100 .O 0 Ad • Adde °Ded ea/Ded i 4.2400 (0, oeo 3Soo 4q, 6€20 mix l vAGtG ✓ ✓ 421 044.00 � 24, `Ded Ded Adcl g') 5 0 0:7 o 4vo {V10'rfOrl `� ✓ I. $2 900,00 Add ADD Add Iit •) Q/Ded 00o /OM" ,5d 6,600 111 �7U O(- G✓'< ` ` �j52 Oc�.Op Add iC1 Add a Ded d Ded 3 Oo coo /,OD• Speo Add e Add /Ded Add /Ded Add /Ded A 1-'. a 2, 3,Q- fa✓k '� `, 431 too .00 3,244 2/, coo 4toe � ? 44 '° ,41Ddas C. ©. F(et� Add e Ad • 2 : • • Ded ODed l `� 244 , 940.00 4). /3,425 300 26, So© Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add/Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add /Ded Add/Ded Add /Ded Add /Ded Add /Ded Add/Ded Add/Ded Add/Ded Add /Ded vo.v ■*) • 1 N Aro A fl.F41..fAin-' C.4>mpory Hubert H. Hogeman ill Genera. CoJr.sel Stinlink Corporetw C:0 P..utri1/4 N.t Atlan• ,,,,,, 11 Au gust 22, 1991 24 4-1Li 1 City Clerk City Council City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: NOTICE CF OBJECTION to proposed aEmosement role relating to Lake Drive East Fmtension (Public liearing to he held on August 26, 1991) (Public Impl:ovement No. 89-6) 1 Dear Sir cr Madan: You will please Like notice that, pursuant to Minn. Stat. 111 § 429-061, Sunli un nk Corporation ("Si one of the persons to be assessed for the cost of the referenced public inprovement, objects to the proposed assesment to it on the basis that: 1. the amount of the proposed assessment to Sunlink exceeds t11 benefit which Sunlink's property has • received from the improvement; and ?. the proposed asss5lment doe not properly account for and deduct all amounts which have been reco,ived by the • City and/or which the City has an entorcea'gqe contractual right to receive from tha State cf Minnesota and other sourcos. 1 Very truly yours, 1 Hubert Hogilmtn HHH/prt cc: Elliott 2. Kne Esq. 1 1 1 -' r t ' ✓ MINIM t A wu,.ri(i +i-' rompeny I Hilbert H. Hagman ill :.ur+lii:k Corparat on Genera, co,r,sei : 'l.'.J Y .. .: N.L II l.ilg;]5t 22, 1991 1 1 City Clerk City Council City of Chanhassen 690 Coulter Drive II Chanhassen, MN :.>531; RE: NOTICE CF OBJECTION to proposed assessment sment role II relating to Lake Drive East Extension (Public Haring to he held on August 26, 1991 ) (Public Imp rovement No. 89• -6) 1 Dear Sir or. Madan: You will pleases tale notice that, pursuant to Minn. Stat. 1 § 420 "061, Sunlinf: Corporation ("Sunlinkt ), one of the parsons to be assessc:d for the cost of the referenced public irprove;:tertt, objects to the propose :d assessment to it on the Claw:, t. ia± : 1 1. the amount of the proposed assessment ss <nenr •to Sunlink exceeds the benef at which Sunli.nk's property has I rece).vej from the improvement; and . the proposed assessment does not properly account for and deduct all amounts which have been :_eci?ived by the 1 City and/or which the City has an eri f:orcca:ole contractual right to receive from the State of Minnesota and other $,ourco . 1 Very truly your;, r / Hubert: H. Hoci` m4n 1 KHH /prt cc: Elliott 13. Knets� :h, Esq. 1 • 1 I d atasery ' A BELLSOUTH Company 12125 Technology Drive Eden Prairie, Minnesota October 14, 1991 6122/8 - 929 3 6000 ' City Clerk City Council City of Chanhassen II 690 Coulter Drive Chanhassen, Minnesota 55317 _.. Re: Notice of Objection to Proposed Assessment ' Roll Relating to Lake Drive East Extension - I Dear Sir or Madam: Notice of Objection to the proposed assessment dated August 22, 1991, was earlier delivered to the City Clerk on August 23, 1991, and a copy of that notice is attached. II In addition to the grounds for the objection asserted in that notice, Sunlink Corporation, one of the persons to be assessed for the cost of the referenced public improvement, wishes to make the following additional objections: t1 1. The proposed assessment has not been properly allocated to all of the parcels _ which are benefited by the improvement which is the subject of this 1. assessment, so that the limits of the district subject to the assessment are ik II incorrect; ti 2. The specific allocation of the assessment to the benefited parcels may be inconsistent with the City's assessment policies; 3. To the best of our knowledge, the cost of the land underlying Lake Drive East, which property is owned by Sunlink, has not been included in the total assessment, and Sunlink expects to be compensated by the City for the value 1 of its property which underlies Lake Drive East and will object to any subsequent additional assessment or amendment to the existing assessment to cover the costs of land acquisition. if 4 4 II LGLA082 Page 1 of 2 London • Dusseldorf • Amsterdam • Milan • Atlanta • Los Angeles • Dallas ` .__ . 1 City Clerk 1 Page 2 October 14, 1991 The purpose of this correspondence is to amend and supplement the earlier Notice 1 of Objection dated August 22, 1991. A copy of this letter will be delivered to the City Council at its special assessment hearing on October 14, 1991, which was continued from its commencement on August 23, 1991. - 1 Very tru yours, 1 David P. Berg I I Vice President, Se ry & General Counsel DPB /tls _ 1 Enclosure cc: Elliot B. Knetsch, City Attorney 1 1 i - _ 1 1 1 . 1 it 1 1 i i 1 1 P r 1 LGL4082 Page 2 of 2 - - - 1 } 1 q d a t aseru 11 A BELLSOUTH Company fil 12125 Technology Drive Eden Prairie, Minnesota 55344 -7399 October 14, 1991 . 612/829 -6000 y City Clerk till City Council City of Chanhassen .1 690 Coulter Drive 4 Chanhassen, Minnesota 55317 I. 1 Re: Notice of Objection to Proposed Assessment Roll Relating to Lake Drive East Extension Dear Sir or Madam: Notice of Objection to the proposed assessment dated August 22, 1991, was earlier delivered to the City Clerk on August 23, 1991, and a copy of that notice is attached. I In addition to the grounds for the objection asserted in that notice, Sunlink Corporation, one of the persons to be assessed for the cost of the referenced public improvement, 1 I to make the following additional objections: 1. The proposed assessment has not been properly allocated to all of the parcels which are benefited by the improvement which is the subject of this ' assessment, so that the limits of the district subject to the assessment are . incorrect; 2. The specific allocation of the assessment to the benefited parcels may be inconsistent with the City's assessment policies; 1 - 3. To the best of our knowledge, the cost of the land underlying Lake Drive East, which property is owned by Sunlink, has not been included in the total assessment, and Sunlink expects to be compensated by the City for the value f I ' of its property which underlies Lake Drive East and will object to any subsequent additional assessment or amendment to the existing assessment to cover the costs of land acquisition. ' 1 i i LGL4082 Page 1 of 2 London • Dusseldorf • Amsterdam • Milan • Atlanta • Los Angeles • Dallas t 1,1 1 City Clerk 1 Page 2 October 14, 1991 The purpose of this correspondence is to amend and supplement the earlier Notice of Objection dated August 22, 1991. A copy of this letter will be delivered to the City Council at its special assessment hearing on October 14, 1991, which was continued from its commencement on August 23, 1991. 1 Very trul yours, • David P. Berg Vice President, Se - . ry & General Counsel DPB /tls 1 Enclosure cc: Elliot B. Knetsch, City Attorney 1 1 1 1 -Z: w _ - 1 1 j LGL4082 Page 2 of 2 1