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Correspondence · Correspondence Meeting Notice to Southwest Conidor Transportation Coalition Members dated January 18,2000. Memo re: Carver County Sheriff's Department Area Report dated January 21, 2000. Letter from Ted Mondale, Metropolitan Council dated January 21,2000. Letter from Todd Olness, DCA dated January 19,2000. Letter from Tim Gieseke, Carver Soil & Water Conservation District dated January 26, 2000. Letter to Bill Travis, PGA Championship Office dated January 28, 2000 Letter to Ursula Dimler, Carver County Board of Commissioners dated January 28,2000. Flyer re: Highway 101 Project. Letter from Clarine Nardi Riddle, National Multi Housing Council dated January 6, 2000. Letter from James Grube, Hennepin County Transportation Department dated February 2, 2000. Report from Suburban Transit Association dated February 4,2000. Memo from Jerry Ruegemer re: 1999/2000 Outdoor Ice Usage dated February 3, ·2000. Letter from Thomas Scott, Campbell Knutson Professional Association dated February 3, 2000. Legislative Update from the League of Minnesota Cities dated February 8, 2000. Transportation Funding Proposal from Governor Jesse Ventura's office. Fire/Rescue calls, Chanhassen Fire Department, week of January 17 - January 23, 2000. Fire/Rescue calls, Chanhassen Fire Department, week of January 24 - January 30, 2000. Fire/Rescue calls, Chanhassen Fire Department, week of January 31 - February 6, 2000. SOUTHWEST CORRIDOR TRANSPORTATION COALITION swcrc .n( " (', . I ~ \..~Jv\1 c.. ¡ ~ DATE: January 18, 200 - TO: SOUTHWEST CORRIDOR TRANSPORTATION COALITION MEMBERS FROM: ROBERT J. LlNDALL, PRESIDENT MEETING NOTICE Wednesday, February 16, 2000 10:30 a.m. - 11 :30 a.m. Best Western KELLY INN Saint Paul 1-94 & Marion Street (651/227-8711) Check hotel board for exact room location The Agenda will include: . 2000 Legislative Session Update This meeting precedes the Minnesota- Drive-in (see enclosed registration form) WE HOPE TO SEE YOU ON February 16TH Enc1Dsetl: MN Drive-In RegistratiDn 470 Pillsbury Center Minneapolis, MN 55402 PHONE: (612) 337·9300 . FAX: (612) 337-9310 ..(\- ~..- ~Op.m 10p.m Dp.m. Sp.rn. Sp.m. Jp.m t t E Lunch and Briefing Best Western Kelly Inn (1-94 & Marion Street 651-227-8711) .~ MINNESOTA DRIVE-IN Wednesday, February 16, 2000 .. . Speakers Sen. Roger Moe To Be Senate Majority Leader Invited: Sen. DIck Day Senate Minority Leader Rep. Steve SVlggum . Speaker of the House Rep. Tom Pugh House MInority Leader BegIn Pre-8cheduled Legislative Meetings State Capitol and State OffIce Bldg. Transportation Rafly Capitol Rotunda Speakers Sen. Carol Flynn, ChaIr To Be Senate Transportation CommIttee Invited: ChaIr . Sen. Transportation Budget Division Rep. Tom Workman, Chair House Transportation Committee Rep. Carol Molnau, Chair House Transportation Finance Division Speakers Governor Jesse Ventura (invited) . To Be Commissioner EJ link/enberg, Mn/DOT Invited: Reception (cash bar) @ Kelly Inn Speakers' Remarks (times tent.) Dlnner.and Entertainment (Entertainment to be Determined) Best Western Kelly Inn Close encourage you .to invite non-members to join us for a day at the Capitol, but registration Is open only to ¡nce members and their guests. Meetings will be set for you with your representative and senator In a group . , other Drive-In participants from your residential district. The cost for the day Is $100.00. Please contact ryle Hazard at 651-439-0086 if you have any questions. . - -- ----- ------ - - - -- - - -----------tearoff--- - - - ----- - - -- - _ _ _ _ _ _ __ _ _ _ __ _ _ _ __ __ _ _ ___ iSe return your fonn ASAP to: Sheryle Hazard, Association Development Services . 10620 60" Street North, Stillwater MN 55082 Yes please commit me for the Minnesota Drlve·ln on Wednesday, February 16, 2000. Enclosed Is my - chedc In the amount of $100.00 made payable to The Minnesota Transportation Alliance. 1e (please print) 1e Address Organization City, Zip (home address Is requIred to anrange the appoIntment with your legislator) ness Address ness Phone L.J City, Home Phone L> Zip MEMORANDUM TO: Mayor City Council FROM: Scott A. Botcher, City Manager ~ DATE: January 21, 2000 SUB]: Carver County Sheriff's Department Area Report Please find enclosed a copy of the Carver County Sheriff's Department Area Report. As you will notice, the year-to-date totals obviously are year-end totals for fiscal year 1999. While one could go through individual lines and find many changes year between 1998 and 1999, I found it interesting that criminal activity had declined year-to-date and non-criminal activity had increased from 1998 to 1999. Beyond these comments, you are obviously able to read it as well as 1. If you have any questions, please give me a call. Thank you. g:\user\scoub\sheriffs report-doc CARVER COUNTY SHERIFF'S DEPARTMENT AREA REPORT PERIOD ENDING 12-31-99 FOR: CHANHASSEN CITY Description This Year Last Year Current YTD Current YTD Month Month -....;.,.....?-¡.. ., ,".'\'I':'J) Assault 8 55 7 60 JÞ,N 1 - 2000 Burglary 6 65 2 44 Drug Violation 1 28 4 22 '....1 J \"If VI l'1i'10f\\)SEN Disturbing Peace 31 386 13 357 Traffic/Alcohol Related 8 120 8 124 Misc. Criminal 12 182 17 229 Property DamageNandalism 33 409 29 320 Robbery 0 1 0 0 Sex Crime 1 17 0 10 Theft 36 361 22 416 Uttering/Bad Check 3 24 2 28 Vehicle Theft 3 18 0 27 Traffic Stop 66 760 74 948 TOTAL CRIMINAL 208 2426 178 2585 ......*...... .************ ...***....... ....********* .*.****..***. ............. ..*.****.*... ...***.******...*** AbuseJNeglect 5 56 7 44 Domestic 9 120 15 134 Missing Per 13 122 6 90 Prowler 6 37 3 35 Suspicious Activity 38 651 32 548 Explosive Permit 0 0 0 0 Alarm 77 862 83 770 Open Door 4 30 3 41 Fire 14 283 21 293 Medical 26 383 44 389 Business/Residential Check 1 41, 5 28 Animal 26 482 47 451 Boat & Water 0 35 0 33 Civil Process Service 1 3 0 6 Warrant Service 4 34 2 25 Transports 0 10 0 5 Assist Other Agency 6 121 9 105 Gun Permits/Carry 3 5 1 4 Gun Permits/Acquire 7 115 6 79 Gun PermitslTransfer 0 1 0 0 Lock PO 0 1 0 0 Unlock Vehicle/Building 51 583 58 602 Motorist Assist 16 241 15 243 PD Accident 63 444 51 422 PI Accident 7 82 6 74 Fatal Accident 0 0 0 4 Traffic Misc 56 646 55 635 Misc. Non-Crim 57 565 38 510 Mental Health 5 34 7 45 TOTAL NON-CRIM 495 5987 514 5615 ............. ...**........ ........**... ..***.*...*** *...**...*... **........... *..********** .........*... TOTAL REPORTED 703 8413 692 8200 Descñption 1999 January February March April May Assault 5 1 3 5 3 Burglary 4 5 5 6 5 Drug Violation 2 2 3 2 2 Disturbing Peace 20 18 24 36 36 Traffic/Alcohol Related 11 9 7 12 14 Misc. Cñminal 10 10 11 17 18 Property DamageNandalism 11 12 26 26 34 Robbery 0 1 0 0 0 Sex Cñme 0 0 0 4 1 Theft 34 32 30 21 29 UtteñnglBad Check 4 4 1 0 0 Vehicle Theft 0 2 0 2 2 Traffic Stop 34 67 49 65 113 TOTAL CRIMINAL 135 163 159 196 257 ************* .......***... *********.*.* ..*****.*.*.* ............. ******.*.*.*. ****.*..***** ............ AbuseINeglect 6 2 4 8 3 Domestic 11 10 4 12 17 Missing Person 8 1 9 13 17 Prowler 1 2 4 1 0 Suspicious Activity 26 49 40 75 62 Explosive Permit 0 0 0 0 0 Alarm 46 55 82 70 71 Open Door 3 1 4 1 2 Fire 24 24 30 22 25 Medical 19 24 38 19 28 BusinesslResidential Check 1 4 7 3 1 Animal 23 28 38 51 46 Boat & Water 0 0 1 1 4 Civil Process Service 1 0 0 0 0 Warrant Service 6 2 2 2 3 Transports 2 1 0 3 0 Assist Other Agency 7 13 5 8 17 Gun Permits/Carry 0 0 0 0 0 Gun Permits/Acquire 7 13 14 7 15 Gun Permits/Transfer 0 0 1 0 0 Lock PO 0 0 0 0 0 Unlock VehiclelBuilding 43 39 39 50 70 Motorist Assist 43 18 22 20 21 PO Accident 44 21 29 21 34 PI Accident 8 1 6 5 5 Fatal Accident 0 0 0 0 0 Traffic Mise 73 34 65 49 62 Misc. Non-Cñm 26 37 34 38 52 Mental Health 2 1 0 2 3 TOTAL NON-CRIM 430 380 478 481 558 ....******... **..****.**** ..*****...... .....*****... ............. ............. ......**..... ............. TOTAL REPORTED 565 543 637 677 815 I Description 1999 June July August September October Assault 9 5 7 6 1 Burglary 3 9 11 5 5 Drug Violation 1 3 4 5 3 Disturbing Peace 45 45 55 25 35 Traffic/Alcohol Related 9 11 11 5 13 Misc. Criminal 22 19 16 20 13 Property DamageNandalism 37 40 56 36 40 Robbery 0 0 0 0 0 Sex Crime 1 2 2 2 3 Theft 27 29 32 25 34 Uttering/Bad Check 1 1 2 6 1 Vehicle Theft 2 0 2 2 1 Traffic Stop 77 79 54 66 48 TOTAL CRIMINAL 234 243 252 203 197 *.********.** ************* ............. ............. ............. ............. ..**......... ...*.......** Abuse/Neglect 10 3 5 6 3 Domestic 11 9 7 15 6 Missing Person 12 7 13 10 8 Prowler 3 4 4 5 2 Suspicious Activity 66 67 74 52 49 Explosive Permit 0 0 0 0 0 Alarm 61 100 83 74 93 Open Door 5 3 2 1 1 Fire 20 28 22 19 24 Medical 33 39 34 41 42 Business/Residential Check 3 7 3 2 4 Animal 54 49 42 40 34 Boat & Water 8 16 5 0 0 Civil Process Service 1 0 0 0 0 Warrant Service 4 5 0 4 1 Transports 1 0 0 0 2 Assist Other Agency 13 7 14 9 7 Gun Permits/Carry 0 0 0 0 2 Gun Permits/Acquire 10 12 8 6 13 Gun PermitsfTransfer 0 0 0 0 0 Lock PO 1 0 0 0 0 Unlock Vehicle/Building 48 53 48 43 49 Motorist Assist 14 30 15 14 13 PD Accident 34 35 42 33 40 PI Accident 8 9 13 9 4 Fatal Accident 0 0 0 0 0 Traffic Misc 57 34 59 53 50 Misc. Non-Crim 50 65 59 58 43 Mental Health 6 0 2 2 4 TOTAL NON-CRIM 533 582 554 496 494 ********..*** .*..****..... ............. ...**........ ............. ...**.**..... ******..*.... ............. TOTAL REPORTED 767 825 806 699 691 Description 1999 November December Assault 2 8 Burglary 1 6 Drug Violation 0 1 Disturbing Peace 16 31 Traffic/Alcohol Related 10 8 Misc. Criminal 14 12 Property DamageNandalism 58 33 Robbery 0 0 Sex Crime 1 1 Theft 32 36 Uttering/Bad Check 1 3 Vehicle Theft 2 3 Traffic Stop 42 66 TOTAL CRIMINAL 179 208 ************* ****....***.. *........**.. ............. ....**....... Abuse/Neglect 1 5 Domestic 9 9 Missing Person 11 13 Prowler 5 6 Suspicious Activity 53 38 Explosive Permit 0 0 Alarm 50 77 Open Door 3 4 Fire 31 14 Medical 40 26 BusinesslResidential Check 5 1 Animal 51 26 Boat & Water 0 0 Civil Process Service 0 1 Warrant Service 1 4 Transports 1 0 Assist Other Agency 15 6 Gun Permits/Carry 0 3 Gun Permits/Acquire 3 7 Gun PermitsfTransfer 0 0 Lock PO 0 0 Unlock Vehicle/Building 50 51 Motorist Assist 15 16 PD Accident 48 63 PI Accident 7 7 Fatal Accident 0 0 Traffic Misc 54 56 Misc. Non-Crim 46 57 Mental Health 7 5 TOTAL NON-CRIMINAL 506 495 ****......*** ............. ******.*.**** .*.*...****.* ............. TOTAL REPORTED 685 703 CARVER COUNiY SHERIFF'S DEPARTMENT AREA REPORT MONTHLY TIME TOTALS MONTH: DECEMBER 1999 MUNICIPAUiY: CHANHASSEN CliY TIME 00:00-01 :00 01 :00-02:00 02:00-03:00 03:00-04:00 04:00-05:00 05:00-06:00 06:00-07:00 07:00-08:00 08:00-09:00 09:00-10:00 10:00-11:00 11:00-12:00 12:00-13:00 13:00-14:00 14:00-15:00 15:00-16:00 16:00-17:00 17:00-18:00 18:00-19:00 19:00-20:00 20:00-21 :00 21 :00-22:00 22:00-23:00 23:00-24:00 24 22 14 12 7 9 16 28 26 28 32 33 17 23 41 43 52 47 42 39 31 50 39 28 TOTAL 703 <; ~ Metropolitan Council ~ Working for the Region, Planning for the Future (( Cov,~t:\\ - -' January 21, 2000 Mayor Nancy Mancino City Of Chanhassen 6620 Galpin Blvd Excelsior, MN 55331 Dear Mayor Mancino: As we enter the new year, the Metropolitan Council would like to share some good news with you. Your sewer bills are going down, again. Your finance staff already have received the first billing for the year 2000. This bill is for wastewater collection and treatment services provided by the Environmental Services Division of the Metropolitan Council. The 2000 rate per hundred thousand gallons is $120, compared to $125,70 in 1999 and $135 in 1998. This is a 4.5 percent rate reduction, following last year's 6.9 percent cut. Our plan for allocating resources anticipates another cut in this rate for the year 2001 and plans no increase in 20D2. The Metropolitan Council works very hard to deliver services in a cost and quality effective manner. Setting high goals for performance is one of the Council's smart growth strategies. It contributes to our Region's competitiveness and helps make this one of the best places to live, raise a family, work or do business. Please call me or Helen Boyer, Environmental Services Director, if you have any questions concerning these rate changes. As ~J a~ ,we appreciate your support. Metropolitan Council Members Helen Boyer, MCES Division Director City Manager '--"--':"-~":r!"":"""'"":"' 'I" 2·· nrn ,J r~ ;\; ,. ;_'k·U -:L\ 2:JQ 1-:"";1 FiliI! Sln'pl SL Paul. MinH,'s,,!a :':')101-1626 16511 602·1000 Fax 602-1550 TDDfTTY291-0904 MNro Info Linf"fi02-RRH DCA (" ( >/1.., ^'i./ , r-. ( i h.e;;: C . ' , VJ L -- Your Parmer in Benefits and Compensation Solutions January 19,2000 Mr. Mark Littfin, Fire Marshal City of Chanhassen 690 City Center Drive Post Office Box 147 Chanhassen, MN 55317 r-,->r,:"'0,;:;-'-" , Re: Proposal to Conduct Market Analysis for Firefighter Positions JAN 2 " ,... ~,,..,,., /U:,;U Dear Mr. Littfin: CI" v. ....." .."."..'-d..."'· Thank you for allowing Steve Wallner and me to meet with you on January 12. Based on our meeting, discussion with the entire group, and the documentation and information you have provided, this proposal/bid will (one) provide a brief outline of my understanding of the Fire Department's current status and goals in reviewing the marketplace from which it recruits, and (two) offer a cost estimate and timeframe for project completion based on my understanding. Understanding The City of Chanhassen' s Fire Department is comprised of 45 authorized volunteers and two full- time permanent firefighters. The Department's goals are to "minimize loss of life and property in the City of Chanhassen from fires, natural disasters, life threatening situations and to assist other emergency agencies." The Department meets these aims by "the delivery of effective fire suppression, rescue services and quality fire/safety education to the public," in an environment of "open communication which promotes the health and welfare of individual members." We understand the Department desires to compare its existing compensation and benefits programs to those of fire departments in its marketplace. Essentially, it desires an end-product that offers a comprehensive marketplace analysis of its existing compensation and benefits practices. The final product will serve the Department today and assist expected growth plans for the future. We understand the Department and city officials would like to meet on a regular basis to receive updates on the project. Steps Based on the following proposed steps, we will establish schedules and cost estimates for the project, present findings and recommendations at various meetings, and offer services to facilitate understanding and decision-making. Step A. Clarification of Marketplace and Data to be Surveyed Appendix A (enclosed) lists jurisdictions which may comprise Group 1 (primary) and Group 2 (secondary) of our survey population. Appendix B (enclosed) lists all compensation and benefits elements which will comprise the survey. 3405 Annapolis Lane North Plymouth, MN 55447 Mr. Mark Littfin, Fire Marshal January 19,2000 Page 2 These lists are tentative and require the Department's approval. Once we have a final list of the jurisdictions comprising Group I and Group 2 and the compensation and benefits elements to survey, we will move to Step B. The result of Step A is consensus on the scope of our survey and participants in the marketplace analysis. Step B. Custom Survey Design, Administration, Follow-up and Analysis We will design a custom survey to send to all jurisdictions in Group I and Group 2. The custom survey will request information on all compensation and benefits elements we delineate in Step A. We will make follow-up phone calls to each jurisdiction's contact person when we need clarification on any data or issue. We will incorporate Chanhassen Fire Department's compensation and benefits information into our database and conduct our survey analysis. Assuming we receive an adequate level of participation and useful information, we will display compensation or benefit data on a line-by-line basis for each element (e.g., we will display pay policies for fire calls by jurisdiction and offer summary data analysis for Group I and/or Group 2). The result of Step B is a reliable survey database that the Department can immediately apply and also replicate in the future. The results of the market analysis will ensure the Department assesses its compensation and benefits against its competition. Step C. Prepare and Present a Final Report We will prepare and present a final report to the Mayor, City Manager, Fire Chief, Fire Marshal, and all appropriate employees or volunteers. The report will include all documentation, recommendations, and a methodology for determining future adjustments to pay. Step D. Meetings Facilitation (optional) Should the Department or city official request, we will meet with appropriate personnel to facilitate discussion about the project and the data we gather. The purpose of our involvement will be to ensure clear understanding of the data and facilitate decision-making. Mr. Mark Littfin, Fire Marshal January 19, 2000 Page 3 Timing and Consulting Fee Estimates Based on the scope, process and expected results outlined in this proposal, our proposed project schedule and consulting fees for each step will be as follows (the timeline assumes availability of Department staff, ability to schedule meetings with staff and city officials): Services Clarification of Marketplace and Data to be Surveyed Custom Survey Design, Administration, Follow-up and Analysis Prepare and Present a Final Report Meetings Facilitation (optional) Week # 1 1-4 4-5 on-going Services Clarification of Marketplace and Data to be Surveyed Custom Survey Design, Administration, Follow-up and Analysis Prepare and Present a Final Report Meetings Facilitation (optional) Cost $125 3,100 375 .. Total Costs $3.600 .. - we will bill $125 for the first hour of meeting facilitation and $75 thereafter Fee estimates include all consulting, administrative support, travel, report preparation, and presentation time. Our proposed fees reflect completing the process as outlined. We are amendable to discussing changes to the steps or processes suggested; however, if the processes are significantly revised, the fees would need to be reassessed to reflect the changes. Thank you again. If you have issues or concerns about this letter, or would like to schedule a time to interview, please call me at 612/278-4520. Yours Very Truly, í1rc4L- Todd Olness Consultant Enclosures Appendix A Group 1 Jurisdictions Chaska Eden Prairie Excelsior Minnetonka Shakopee Victoria Group 2 Jurisdictions* West St. Paul South St. Paul Columbia Heights Anoka Ramsey Hopkins Savage * -- these jurisdictions are selected based on population. Each has 16,000 - 21,000 residents as reported to the Metropolitan Council in July of 1998. Based only on this criterion, these cities are comparable to the City of Chanhassen. If the Department and city officials decide, we would add jurisdictions to the lists above for $200 each. Likewise, we would delete jurisdictions, within certain parameters, and decrease our billing by $200 per city. Appendix B Compensation and Benefits Elements for the Custom Survev · Pay policy for fire calls (volunteer and full-time positions) · Pay policy for drills (volunteer and full-time positions) · Pension payout fonnula for defined benefit plan (volunteer and full-time positions) · Pension fonnuIa for defined contribution plan (volunteer and full-time positions) · Vacation policies (volunteer and full-time positions) · Eligibility for overtime (full-time positions only) · Insurance coverage (i.e., health, dental, life, disability, other) for volunteer and full-time positions · Actual salaries/wages for full-time positions · Actual pay/reimbursement for each volunteer position (e.g., SCBA Coordinator, Lieutenant) · Salary range data for full-time positions · Other defined wages, premium pay, or benefits œ\~ .,\1\9 Cèt~ ø'f. '& (I,j 1946 .. ~ þ O,,1Jfy 5\'f'Ci 219 East Frontage Road Waconia, MN 55387 Phone: 612-442-5101 Fax: 612-442-5497 CO'SElVA11Ø' DIS1.1C1 http://www.m.carver.mn.us/SWCD/SWCD_maln.htm Missio" Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a balanced, cooperative program that protects, restores, and f'proves those resources. . /~ ðJJ...I ')~ ~.'(" ~/ ( ¡ì('...,k 7 ~ ' " l' I 0)",\ 1v1~') Todd Gerhardt tV' City Administrator Ä (U" 1\ ,Q,¡/\' ,< 690 Coulter Drive Y {. yv- ~J"Yv' \.... , ", ...' ", '~~_., Chanhassen,MN 55317 Y_v r I C' \Ò' The Carver Soil and Water Conservation District would II e to invite you or a representative to attend our ANNUAL PLAN MEETING for 2000. The meeting will be held at the Minnesota Extension Service, 601 First Street, Waconia on Tuesday, February 8, 2000 from 1:00 to 3:30 p.m. We will briefly review what was accomplished during 1999 by showing some examples through a slide presentation. We will then focus on our programs and projects for 2000. '> January 26, 2000 The Carver SWCD has been successful at acquiring grant funds that can be used for conservation practice implementation with landowners, operators, municipalities, township and county governments. The agenda printed on back describes some of the funds available. In the last two years, as well as this year, the District will continue efforts to include the private businesses that are directly involved with conservation issues. Some of the relationships that we are enhancing include agribusiness's that are involved with nutrient management, seed sales for buffer strips, field drainage products, tillage and manure handling equipment. In the urban areas, we have begun to work with contractors, builders, and some developers in the efficient and effective implementation of construction site erosion control practices. As Carver County completes its Comprehensive Water Plan, it will be very important for these relationships to be further developed. In addition to the brief slide show, a list of cooperators and practices implemented will be handed out, along with the practices we intend to implement in 2000. What would be most valuable to us, would be: I) input on how to develop and expand our public and private relationships; 2) partnerships for grant applications, and of course; 3) specific projects that need to be implemented. The proposed changes for this year that will be made at the federal and state level that will have the biggest impact include new feedlot regulations and stricter construction site erosion control measures. By planning a strategy on how to address these, before they take effect, will make all our lives easier. These changes are proposed to maintain or improve the water quality, which, if done properly, will benefit all taxpayers of Carver County. If you are not able to attend, please request that we send out a summary of our Annual Plan 2000. Tim Gieseke District Manager IJ~ ~~ Jim Main Chair, SWCD Supervisors AN EQUAL OPPORTUNITY EMPLOYER CITY OF CHANHASSEN City Cm/" Dri... PO Box 147 90nhllSlen, MinnfJotl155317 Phone 612.937.1900 "en"dl FIJX 612.937.5739 gineering FIJX 612.937.9152 ;/ic Sofety Fox 612.934.2524 íb wwmcLc!JoJ1httsse1l.mn.Jß r,..., , January 28, 2000 Mr. Bill Travis, General Chailman 84th PGA Championship Office 720 Pioneer Trail Chaska, MN 55318 Dear Bill: Thank you for the oppOliunity to meet with you and other members of the PGA Championship team. Suffice it to say that the City of Chanhassen is willing to assist in appropriate manners to make this a very successful event at Hazeltine. We look fOr\vard to being in contact with you from now until the conclusion of the event. rfyou need an)ihing specifically from our office, please contact me directly, cott A. Botcher City Manager SAB:k g:\user\scottb\l:ravis.doc "r I , ,. , I ,.. , . CITY OF CllANHASSEN 690 City Cmtn Drivt. PO Box 147 Chanh/11S,n, MinnðOta 55317 PhoIll612.937.1900 Ge/lll"a/ Fax 612.937.5739 EllgÙ",ring Fax 612.937.9152 Public Safety Fax 612.934.2524 'Mob U'wul,â.clJI1111JdSJ£1l,mll,us TI r-. f'f'" I January 28, 2000 Ms. Ursula Dimler, Chair Carver County Board of Commissioners 600 East Fourth Street Chaska, MN 55318 Dear Ursula: I just wanted to drop you a quick note to congratulate you on your selection as Chair of the Carver County Board of Commissioners. 1 am sure you will find the next year full of opportunities to help better our County and the City of Chanhassen. I have enjoyed working with you and, as always, if you need anything from me, please contact me at your convenience. cott A. Bot.~her City M:m,ager SAB:k c: Mayor & City COlmcil g:\user\sconb\dimler.doc HIGHVVAYIOIPROJECT IMPORTANT MESSAGE FROM CITIZENS FOR A RESPONSffiLE 101 SOLUTION .s c..o-fî-- FVI cc '. CøVVW:~ ------- Your neighborhoods, Near Mountain and Chestnut Ridge, has been invited to review plans and options for Highway 101 at the Chanhassen Recreation Center from 8-10 PM, February 2.2000. This is your opportunity to provide input and cornment. One neighborhood, Kurver's Point, has already had their neighborhood lT1~eting with tile planners, 100% of the residents in attendance from Kurver's Point ~aid further revie\v of the ootions was not reQuired because the options Dresented are unacceDtablo;. The options provided will: Q Increase traffic through the area (studies show that increased capacity invites increased traffic volume) a Increase noise Q Increase speed on 101 Q Decrease property values a Diminish the overall character of the area and its neighborhoods 111e re~idents ~tated that additional discussion reg~l'dinlZ noise. traffic. increased S1)eed. and other issucs ~vas pointles~ given that the proposed option~ were unacceptabJe l\nder any .;ircumstances. Rather than being forced to chose from the proposed options, Kurver's Point stated loud and clear ¡he only 101 plan acceptable to the!!] is a plan that would not alter the fundamental characte:· of our neighborhoods. The planners were il1SLrUCred to take this pi"" back to all the policy makers involved. The Conly acceptable plan for 101 is to: · Not alter the character of our neÍl!h:Jorhùods with an exl)ansi'i'e p["ojl\.~t tilat will create more traffic, rel110ve hUl)dreds of trees, remove homes·, inçrease speeùs, etc. · Keep the current road conlisruration · Repair the subsurface of the existing road and install a. new surface · Install traffic sil!tlals at Pleasant View and Valley View to provide breaks in thc tT:lffic and provide for safe crossing point~ · Install immediatelv a minimum imDact trail on the west side of 101 · Act with a sense of UI"1!encv. Repair of 101 and the construction of the tl'3il are long overdue. WHILE CONSIDERING ALL POINTS OF VIEW, WE HA VE TRIED TO DESIGN AN ALTERN/\TIVE 100% OF THE PEOPLE IN THE AREA CAN SUPPORT. PLEASE UNn'E UNDER THIS I'LAN! IT IS IMPORTANT TO UNDERSTAND AS CITIZENS WE ARE NOT RESTRICTED TO TIfE OPTIONS !'RESENTED BY THE PLANNERS. FURHERMORE, A SI."IGI.E RESPONSE FROM THE COMMUNITY SENDS A CLEAR MESSAGE TO THE POLICY MAKERS. Any questions please call Mark Senn (949-2272), Dan Shoemaker (949-9762) or Frank Mendez (934-1200) ...- -_.--- ~NMHC National Multi UkN Housing Council ... - National Apartment .... Association Cc: (Po.Mc.: I January 6. 2000 -- Nancy Mancino Mayor PO Box 147 Chanhassen, MN 55317-0147 Dear Nancy Mancino: Are you looking for ways to accommodate inevitable growth without sacrificing quality of life? Are the residents of your area struggling with traffic, pollution or school overcrowding? As more and more Americans embrace the "smart growth" movement, local officials are discovering that higher density housing, including apartments, can help address quality of life concerns. You may already know that apartments promote balanced suburban development; that they conserve land and can help promote open space. You may appreciate the fact that apartments use municipal infrastructure more efficiently and lead to fewer demands for new road and school construction. But you may also know that many Americans oppose apartments because of misperceptions associated with them. For that reason, the National Multi Housing Council and National Apartment Association have jOined forces to publish the enclosed brochure, "Growing Smarter with Apartments: Toward More Livable Communities.· It exposes the truth behind many of these myths. Inside you will find the "real" story about: Who actuallv lives in aDartments The fastest growing segment of apartment residents is households earning $50,000 or more a year. How aDartments imDact local school svstems and traffic conaestion On average, 20% of apartment households have one or more school-aged children, compared to 33% of single-family homes. And apartment households generate 30% to 40% fewer vehicle trips. Whether aDartments cause crime rates to increase When analyzed on a per-unit basis, there is little evidence that the rate of police activity is higher in apartment communities than in single-family residences. Whether homes located near aDartments maintain their DroDertv values Between 1987 and 1995, single-family detached dwellings located near (within 300 feet of) apartment communities appreciated at roughly the same rate as those not near an apartment property. - OVER - The Amencon apOtfmenl mduSlry .. n'Oflcing loge/het lor qualify accessible a/lordOlJle housmg. C;:"itD "",n .. ,Dl::n II. I:"b....... "11~' ~ ..,_~...:__.__ ........ ..........."" .___. _._. To what dearee aDartment residents "DaY" for the local services thev use Apartment properties pay, on average, mora than one-third higher than single family homes in local property taxes for each dollar of market value. Whether homeowners are reallv better citizens than renters National data suggests that compared to house owners, apartment residents are more socially engaged, equally involved in community groups and similarly attached to their communities and religious institutions. Many Americans, seeking shorter commutes, more social interaction and easy access to livelworklplay areas, now say they prefer apartment living. Unfortunately, local governments have traditionally erected barriers to higher-density development, such as zoning ordinances that do not permit compact development or rules requiring housing and non-housing uses to be separated. The end result is that apartment developers eager to provide the new pedestrian- friendly neighborhoods citizens are calling for are often blocked from doing so. As a local leader, you can help deliver a new future to your community by using this brochure to better understand the true facts about apartments and to help build local community support for higher density housing. After all, it has already been shown that communities who accommodate changing lifestyfes and housing preferences are more succ,essful in attracting new residents and new employers. We hope this brochure will be a starting point for a new dialogue about the importance of housing choice. Please feel free to contact us if we can answer any questions you might have about the role of apartments in creating and sustaining progressive and dynamic communities. Sincerely, ~ Clarine Nardi Riddle Senior Vice President for Government Affairs Cover Photography: Riverside by Post, Atlanta, GA ©1998. Steve Hinds lifestyle Photos © 1999. Comstock. Inc. .'ft'l'l""., "I:;"'"f' "~;,,91'''''''''''''''< ÂNMHC National Multi I.N Housing Council NATIONAL MULTI HOUSING COUNCIL The National Multi Housing Council (NMHq, and its affiliate, the American Seniors Housing Association (ASHA), represents the interests of the larger and mast prominent firms in the multifamily rental housing industry. NMHC's members are the principal officers of these organizations and are engaged in all aspects of the development and operation of rental housing, including the ownership, construction, finance and management of such properties. With a focused agenda and the benefit of a membership comprised of the principal officers of the top residential real estate firms in the country, NMHC has became a nationally recognized and increasingly sought·out voice of the apartment industry. NMHC targets issues involving multifamily finance, the environment, tax palicy, fair housing, property management, building codes, and technology. ASHA maintains a similar role and range of issues for the nation's leading seniors housing firms. . NATIONAL APARTMENT AsSOCIATION The National Apartment Association (NAA) has been serving the apartment industry for more than 50 years. It is the largest trade association devoted solely to the needs of the apartment industry. NM represents approximate- ly 26,000 rental housing professionals responsible for more than 3.4 million apartment households nationwide. NM is a federation of local and state associations of owners, builders, investors, developers, managers, and allied service representatives of the rental housing industry. It provides a nationwide legislative network concerned with governmental decisions at the federal, state and local levels. NAA's programs of professional education and certi- fication strengthen a national network of skilled apartment industry man- agers, maintenance personnel, praperty supervisors, and leasing agents. JOINT LEGISLATIVE PROGRAM NMHC and NM unite under the auspices of the NMHC/NM Joint legislative Program to support legislative ond regulatory policies that enable the nation's 25 million multifamily rental housing units to continue to provide high quality homes that remain accessible and affordable. The NMHC/NM Joint legislative Program, which is the foremost proponent of the apartment industry, assures that owners and managers of apartment units are able to engage government officials in constructive, ongoing dia- logues and participate in policy decisions affecting their ability to provide housing to millions of Americans. Multifamily housing has been one the pre. mier performers in the real estate market during the last several years. A healthy supply and demand balance bodes well far apartments' future per- formance. Americans are calling far more livable communi· ties. Tired of long commutes, worsening trallic, pol. ulion and overcrowded schools, they are looking for pedestrian.friendly neighborhoods with more open space and better traffic flow. They are seeking communities with walkable distances between homes and nearby shop· ping, schools and enfer1ainment. Understanding that growth is inevitable, many local com· munities are now looking for smarter ways to expand with· out sacrificing quality of life. In the process, they are dis· covering that one of the best ways to balance growth and quality of life is to build more compact cities with higher density neighborhoods. That's because higher density housing makes it easier to preserve open space and create walkable neighborhoods with good transit systems. But they are alsa leaming that implementing these new ideas will require innovative zoning and land use policies and a change in public thinking about density and apartments. Apartment housing should be attractive to suburban juris- dictions hoping to maintain open space, minimize demands on transportation systems, and provide workers and cus· tamers for local businesses. Apartments conserve land, use municipal infrastructure more efficiently, and place less bur· den on local schools and regional transportation systems. Apartments make sense os on increasingly desirable resi· dential alternative. Apartment living has become popular, with many house· holds now stating that they prefer to rent. Young profes· sionols and empty nesters ore returning to the cities and inner suburbs and are filling new and renovated apartment buildings. They are trading their long commutes and week. end lawn chores for a new lifestyle characterized by conve· nience, new amenities, more social interaction and easy access to work/shop/play areas. Despite the resounding success of several smart.growth inspired communities, many Americans remcin averse to higher residential densities. Motivated by incorrect and out· dated ideas about apartments and their residents, citizen groups olten oppose any proposed apartment development. local governments, eager to retain the support of voters, in turn erect barriers to higher.density development, such as zoning ordinances that do not permit compact develop· ment. These same rules also olten require housing and non.housing uses to be separated, prohibiting the mixing of residential and retail or office development. The end result is that apartment developers eager to design and deliver the new pedestrian.friendly neighborhoods citizens are calling -lor are olten blocked from doing so. But without apartments, the gools of smart growth will be unrealizable. There are numerous economic and social reasons, detailed below, to incorporate new apartments into any sustainable community development strategy. . Smart growth principles are taking place in a number of areas nation- wide bringing new apartments and townhomes together with single- family homes, all of which have access to nearby office, retail and entertainment oudets. GROWING SMARTER WITH APARTMENTS Toward More Livable and Prosperous Communities w ~ m z ~ '" ~ Demand for Apartments Is Growing New demographic and ecanomic choices are redefining !he American home, and an increasing number of households now prefer apartment living, even though they could offord to buy 0 home. In fad, according to the U.S. Census Bureau's Current Population Survey, the fastest growth in apartment renters in 1999 occurred in households with incomes over $50,000 0 year. The same survey reparts that the number of apartment renters grew despite a rising homeownership rate. Almost 0 third of apartment renters surveyed in 1999 by Fannie Mae reparted that they could buy a home, but choose to rent instead, and fully 40 percent said that buying 0 home was not on impartant priority. Why is this happening? For some, renting is the right eco- nomic choice. Others appreciate the benefits of apartment living, including access to amenities and technologies not available in single.family housing, and still others wont the flexibility to respond to job and lifestyle changes, Changes in apartments are also fueling the new interest in apartment living. Dramatic advances in apartment design and man. agement hove occurred in the lost few years. Now, it is not uncommon for an apartment home to include such features as private entries and attached garages, nine·foot ceilings . Apartments are no longer housing primarily for the young. From 1985 to 1995, the number of apartment residents aged 35-44 and 45-54 each grew substantially, while the percentage of under 35 year olds fell. CHANGE IN APARTMENT HOUSEHOLDS BY AGE GROUP (1985-1995) 50 40 30 ¡,¡ " 20 ~ 10 U ;§i. 0 -10 -20 -30 Under 25 25-34 35-44 45-54 55-64 65 & Over SOURCE: u.s. CENSUS BUREAU. ANNUAL HOUSING 5UIMY FOR 1985AND 1995 . --'.--.-- "Renters by choice" are increasing. In 1998, the fastest growing segment of apartment renters was those making S50,000 or more a year. ANNuAL GROwm IN APARTMENTS BY INCOME 14 12 '" g: 10 - i?i 8 "' o 6 ~ 4 U ;§i. 2 o -2 -4 Less than S20,OOO S20,OOO-S49,999 S50,OOO&Over HOUSEHOLD INCOME SOURCE:: NMHC TABUlA'OONS Of ctJRRfNf I'OPUtATION SURVEY Of w.RCH 1m AND MÞrICH 1999 with crown molding, double·sided fireplaces and boy win. dows. Private alarm ~ms, computer workstations with high speed Internet access, and units pre·wired for surround sound are also becoming commonplace amenities. Outside of the individual apartment home, new apartment community amenities include nature trails, sand volleyball courts, resident gardens or communal herb gardens, mini movie theaters and pubs, and services including plant water. ing, dog walking, dry cleaning delivery and even gracery shopping. And this trend is just begiMing. Apartment demand should conttnue to expand in the future thanks to a projected boom in the groups most prone to seek !hesé lifestyle options _ young adults, one·person households, and married couples wi!hout children. Nated urban analyst J. Thomas Block esfi. mates that childless households will accoúnt for oft of !he net increase in households heading into the next century. And as mare of the baby baomeB become empty nesters, the number of households tmcIing large suburban homes and yords for an apartment within walking distance to shops and entertainment will increase. Well.planned communities with strategies for accommadattng cbanging lifestyles and housing preferences will prosper and continue to attrad bath new residents and new employers. · .:,;~,...~, ~i.,~.., P(à'f~;í'" . Apartments Put Fewer Claims on Schools and Help Reduce Traffic and Congestion Public schools are generally the single largest expense for local governments, so the persistent misconception that apartments contribute to school overcrowding is particular. Iy damaging to sound urban planning. Contrary to con. ventional wisdom, apartments contribute fewer children per household to school systems than single family homes. According to the Census Bureau's Current Population Survey, in 1999 only 20 percent of 011 occupied apartments hod one or more school.aged (5.18) children, compared to 33 percent of owner·occupied single.family homes. Additionally, the overage apartment household has 0.5 children, while single family homes hove 0.7 Misguided officials often think they con reduce traffic and congestion by limiting apartment construction. In reality, exactly the opposite is true because apartment residents ore more likely than single.family residents to use public trans. portation. The 1997 American Housing Survey estimates that apartment residents overage 1.0 motor vehicles per household, while owner·occupied houses overage 2.1. Data from the Institute of Transportation Engineers indicate that on apartment in properties of two or more stories gen. erates 30 to 40 percent fewer vehicle trips than single.fam. ily units. With fewer children and automobiles than single-family households, apartment households' residents place less burden on local infrastructure and schools. NUMBER OF SCHOOL-AGE CHIWREN AND AUTOMOBILES BY HOUSING TYPE 2.5 2.0 1.5 1.0 0.5 o Apartments Single Family ,_ Cars êooQ Children I SOURCE, NMHC TAllUWIONS Of 1991 AMERICAN HOU$jNG SURVEY [}o\TA AND 1999 CURRENT POPlMTION SUIMY Ql.TA Apartments Contribute to a Community's Economic Vitality New apartment development has on immediate and lang.lasting effect on a community's prosperity. Construction of 1 00 new apartments in the average city results in 122 new jobs, $579,000 in local taxes and fees, and $5.2 million in local income generated by workers and businesses. The ongoing, annual effect of 100 new aport. ment households in a local economy is 46 local jobs, $308,000 in local taxes and fees, and $1.8 million in local wages and business receipts. More importantly, communities that preclude or limit renters squeeze out a segment of the population that is vital to local businesses as both customers and employees. In today's tight labor market, communities that offer a diversified work force and a wide range of housing options ore more likely to anract top employers to their areas. An adequate supply of affordable housing, therefore, con be essential to a municipality's lobar supply and its economic growth. The construction of 100 apartment homes in a typical metropolitan area benefits the local economy with new income, jobs, government revenues and property taxes. THE EcONOMIC IMPACT OF 100 NEW APARTMENT HOMES In Itlal I III pact Ongoing Impact Local Income' $5,234,000 $1,79B,000 _(1)¡1f-tf~~t22__~ Local taxes" $579,000 $308,000 Income generated by workers and businesses, and the ripple effect of worUrs and businesses spending this added income in the locol economy. .. Revenues generated b~ locol taxes, hom tmditionol sources such 0$ property taxes, fees and revenue from local, government-owned enterprises. SOURce, NATIONAl ASSOCIATION Of HOMe BUILDERS lOCAl. ECONOMIC IMAACT MODEL . ,*;~~" . .;. ..,..,....". ~;~~,:;, " 'f:'.,~'" ~1~~';-:; ~'t~ - tJ~~~}i1; / o}~~'t r_;~·';;'t ~'!t<~~'~'~~~"',.,> "'~ñeá:, J~.th8:COI1l!!'U", .n".,.I~¿,~~y~;J~ì;;;~.,. B/·tiôñ;'ÀÎldlOfeYe"ryac:re'afcentral city urid~I~~,~~~!~;r~~~¡'flé;;\.,~i~g¡~llÌ>líjé¡ng·théi:oínin¡;ríiIÿ}uSt' 'land thõt·i¿a.v.lapèd or redeVelaped, , BeI~apclrtmentcammunitý,~I11I!Its~I!.t;~;,~fc:#š.~r framane 01 the City'S ane mare acre ai, "apen space" can be ~~~~~ :af,,~ifJ{j.'~i.~Î~éi~~~íi4i~~~ and, ane b!ackfr~m ~. .,. ,pre~~. Addin~ ta the efficiency af i.1s '~"',,,,~,< .Joêatian, ~,"¡<;'ij~~, !~i, '~,""'.,,!C, ).',:¡¡, ~,',~~~r",~~,,~.~a,ki,~9 ;~¡,;",d~~g~!,~!i"~,1,'~,,~,n~,al1!1~men, t~gtI).~I,~ ~¡"",~fiiñg."o' 'Ì',;¡jff¡mpre~~I.,!~~"'city.)(),,reconnect , the, ,the ,Pin'1()cl~~.!rroe are lacaled aver , 1Iwin'30~"ond "inid,iisé\OffIce ,èJoWniowii as 'ô reSidential district, while street·le.;er ;'toil; helping to create a ~illFri:fi~~t~1g~õí~;;c;;:,¡;~:æe'tathe neigh~maad; ""-".;' .;,~';,~",~ ~.,g;~;-~.~.¡:,,~, ·':!:t4-::,:·-,,,,:,,-}"~h:]~·':-:"':--·~{~·-,·· P. -. H·r1.~:. ~}~~¡r~'. '<:' .j:,' ~..In aU, appraximÒtely 20 acres af Statian; which is undergaing renOvatian .;.iI.!!~I~~JÎIÍ~..nnfSijig &~~~"",¡,~ustrial structures, ~ame and will serve a~ the .main transpartatian 'õnd' obÍíOOõnj;è "bOildi!IÒs':~'o ··,cõnjl~~. aOO felting dawn, WIll be hub far the entire Richmand area. Irs , I<éy Îeriei""af~ the -sni~¡:¡" giÌ:iwlh ren~ed_<inta a pedestrian·añented quite a bit af change far an area that has mavement 000 ~-~Ia )reserve apen neighborhöod of mare than 1 ,000 laft- been characterized far the last 50 years spaâttllld t,;¡;~ .'Ia;; b;d1tò the c¡j¡es.' . style apartments and affices, with restau- as industriallaOO and abandaned ware· These~óÌ~:~reJ:¡1Sii~~'~· ';, rants.aOO"shaps an the first",floar.. hauses, and same experts say.it, is '. . ,~~¡,'rtt~-r:o;;;:;,,~ "i~r!!lt t';"!'$:;-~'~7'lr 'Rich'ô' ,. "'t.Ji"'" . Ri· J:." ~:::~"';'k"'l"éh'~'" ""a'''''':''~·· .}'''.'' eIIedivé"fórðliis~·· J-oèj/ÌYP1¢o I .' LOW..... near fWö OJ monu. r11Ost.: onmUII"s DeS! ance ta O1e,ur 1"8YJ. ..' .. "",..<~,.,."."",..y~!,, .""Iã""""~'""",:",'_L~iIe,"hL--';",1aI' d',., ......., ,.«..." " ',.." little· ;leønfDf ..··ÍIfn:IstIVdl'·'C· r.uml .0!l".'1>lgII. ~"'" os.'~"'·~· ew~~'~Y'~~<~~;'!~'~1i~~~~~~ " ."-' '. . ,,',' ,',' Rt~' , '.~'''",",'¡'' ..,...', enhal. comnnJ1enk", ,." 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'''In·Wålki¡:'~dišíånœ',· deveIc3eJ: speäaliiJ!'9, ' in urba, Í1i '11. ,,' , .>":;;"~'_~ .. ."';;:.c~,,;¡¡,¡y'f5' I. . ~':'J~m , ~ ¡ects, 1S_~'~"~""~__,,.F ,:;;:~~,'F;<:~:~,' rs..,O j! e~ ;0;' centuryaldtobacéo~haù~~ê~dfa.è~,."ÖjPit~¡; it ~'7;I~'~r 8 Ioñes inta a new downtown neighbor- i thë· h'storie M' Street ~ :·~,:Yë5~,~~}j~.:·:~:?;~i~: ":?-'-:;~~5i:lflt;'2~'/ ~~, I,~; "~ _.::,a:~~.,..~ : .. i2 · , Apartment Households' Property Taxes Rates are Higher than Single-Family Residents One of the most common, yet incorrect, objections to apartments is that apartment residents do not pay for the public services they use because they do not pay local real estate taxes. This point of view often appears in letters to the editor opposing some propased apartment development. Evidence from national surveys, however, shows that proper· ty taxes ore one of the largest expense items for apartment communities and that they pay properly taxes at a much higher rate than do single.family homes, That means that apartment residents, who ultimately pay for those taxes through their rent, face 0 higher properly tax rate than house owners. When combined with the fact that apartment resi· dents make fewer claims on schools, roads and other infra· structure, it appears that in many jurisdictions apartment res· idents ore actually subsidizing their single-family neighbors and not vice versa. ~--_.- -~..- Apartments are taxed at a significantly higher rate than single-family structures. Indeed, the national average reveals that apartments are taxed roughly twice as heavily for each dollar of market value than single-family homes. RATIO OF EFFECTIVE TAX RATES (ETR) FOR APARTMENTS TO ETR FOR SINGLE-FAMILY HOMES State Apartments ETR! Jil1q (' r 011111) fIR New York 5.96 Minnesota 3.49 South Carolina 2,87 Florida 1 .80 Texas 1.67 National AveraQe 1 .97 SOURCE: '998 ST"Tf PROI'ERTY TM COMPARISON STUDY BY THE t.tNNfSOTA T.6JU'I'YERS ~'OON. Apartments Decrease Local Infrastructure Costs The per unit cost of providing public services decreases as the density of development increases. Low·density, single family development requires more miles of roods, sewers, and water lines. Additionally, os the number of single fomi· Iy developments in on area grows, public services, such os police and fire protection, must be spread over 0 larger geo- graphic area. For those reasons, the clustering of apartment homes makes them substantially less expensive to service than single.fomily homes. Homes Near Apartments Maintain Their Values In many American suburbs, zoning codes limit or even preclude apartment c~nsfn¡ction to supposedly protect properly values. But recent evidence indicates that single. family homes located near apartments do not lose their value. The Urban Lend 1nstitute reports that between 1987 and 1995 single·fomily detached dwellings located near (within 300 feet oij multifamily communities appreciated at roughly the some rate os those not near on apartment prop- erly, 3.12 percent compared to 3.19 percent. That finding is corroborated by on NMHC analysis using more recent data. Further research published in the Journal of the American Planning Association (Winter 1999) indicates that the presence of publicly.assisted housing also does not adversely affect neighborhood properly values or communi- ty cohesion. Examining soles records from 1985 to 1996, the authors found that locating public housing units in pre- dominately White, middle income neighborhoods had no discernable effects on surrounding properly values. Additionally, a comparison of homeowners living near the public housing and those living elsewhere reparted similar levels of sotisfaction with their neighborhoods. Progressive communities have seen first·hond thai 0 modern apartment community, through environmental planning and exterior landscaping, is fully compatible with surrounding single-family neighborhoods. · Bringing the Past into the Present Pedestñan_fñendlY lifestyles are on impar1ant port of Corpenter Village. a 350-00'8 community currently being developed just outside of Raleigh in Cory, NC. The city of Cory, which suIIea /rom !he 1ro/fic problems associated with being 1wa-and-o- hall miles /rom the Tñangle Research Park. estimates ~ ihat Carpenter S Village's design I wUl reduce auto tñps by 50 percent campared to the !¡¡ iypical sprawl ~ development. ; Corpenter Village ~ bñngs alive the simple lifestyle of an eor· Companies. With 15 acres of small lier day, creating the charm of a histañc retail space nearby, the 330 apartment village...children wolking to the store with homes will have a distinctive urban and their fñends; families out for an afternoon main street feel. Branching out from the stroll. located on one side of the town apartments ore town homes and single green ore the Olde Town apartments, family homes, enabling more of the being built by The Watermarke Village's residents to wolk to the retail establishments to shop, dine and run their errands. Pocket parks, swimming pools, tennis courts and ather recreation- al venues will help bring the residents togeth. er to create a true sense of community. Transforming America's Inner Cities In St. louis, and in more than 50 ather locations around the country, tlpartment development firm McCormack Boron is showing cities how high quatoty housing development, done in sufficient scale, can oct os a catalyst for new investment and the re·emer· genœ of community. To McCormack Baron, it seemed obvious to turn a blighted section of land sand· wiched between two 01 SI. louis' major employment centers into a burgeoning new residenfial neighbothood. Disinvest· ment and autmigrafions in the 1970s and 19B05 had turned Ihe 90·acre par- cel into a wasteland of vacant lots and scarred buildings, best known lor its drug dealers and prasliMes. Through planning and management expeñence, McCormack Baron over· came decades 01 neglect to reclaim the valuable and centrally located land. It is now home to the thñving Westminster Place community, where more than 1,000 residents of all ages, incomes and races live in a variety of housing includ· ing two·story, colonial garden apart- ments, townhomes, single Iomily homes and even an assisted living facility far seniors. The neighbor- hood com- bines a cen- tral location convenient to nearby jobs, with suburban· ~ style ameni· .. "' ties, such as , ¡¡¡ tree· lined z sidewalks, ~ ~ affached garages, a community pool, a bustling retail center and even a new magnet high school. McCormack Baron's efforts have stimulated other new projects in the neighborhood, including a low· income seniors housing property built by a nonprofit religious group and a new office building to house the local Ameñcan Concer Society. · Homeownership is Not Required for Good Citizenship and Strong Neighborhoods The benefits of homeownership to communities are over· stated and the disadvantages tend to get swept under the Ng. Moreover, advocates of homeownership often allude to the greater community involvement thot ownership is olleged to promote. The implication is that apartment renting is bad for those communities, But the reality is that the differences in involvement of apartment residents and house owners are typically small and often not statistically significant. Data from the University of Chicago's Generol Social Survey indi· cote that compared to house owners, apartment residents are more socially engaged, equally involved in community groups, and similarly atlached to their communities and reli· gious institutions. Apartment residents are also comparably interested in national affairs and active in local palitics. Despite misperceptions to the contrary, apart- ment residents are more socially engaged and similarly attached to their communities and reli- gious institutions. APARTMENT RESIDENT CHARAcrERlSTICS 70 60 40 30 20 10 o Interaction with Church Identification Neighbors" Attendance- with Town- \_ Apartment Residen" _ House Owners I Percent who spend about one evening 0 week with someone who lives in their neighborhood. .. Percenl who attend religious services ·01 leost once 0 rnomn.- ... Percent who feel dose or very dose 10 "'eir city or lown. SOURCf: NWiC TAWlAT1OH!o Of GENERAl SOCIAl SURVEY ~TA FROM THE UNNU5tTY Of 0tI0G0'S NATIONAl 0PIt«)N RESEARCHŒNTet Additionally, the federal government's single.minded pursuit of increased homeownership rates aside, we should recog· nize thot homeownership is not the right choice for everyone. Research conducted in 1997 shows that when all the costs of owning and renting housing are considered, a majority of households who bought a home in the mid·1980s would hove saved money by renting comparoble housing. The overage homebuyer in 1985 paid six percent more as own· ers thon they would have paid as renters. Buyers who sold within four years paid 19 percent more. Smart growth strategies can help revitalize the nation's cities and inner suburbs, build atlractive and livable communities, and create an even more prosperous America. But without a fuller public acceptance of apartments as an integral part of any community development plan, the gaols of smart growth will be unrealizable. Equally important for the sue· cess of many of these projects is more flexible local zoning and planning policies that recognize the value of compact development, mixed use neighborhoods and the role of apartments within their communities. Federal abstocles to the redevelopment of existing, but unproductive buildings need to be removed. Apartments Help Create Safe and Secure Neighborhoods A common concern that apartments bring crime into neighbarhaads is based primarily an faulty percepHons of who lives in today's apartment communities. When ana· Iyzed on a per·unit basis, there is linle evidence that the rate of police activity is higher in apartment communities than in single.family residences. In fact, apartment owners, sensi- tive to neighborhood fears, are concentrating mare efforts on crime prevention and risk management. Indeed, one of the fastest growing segments of the apartment industry is the luxury property sector which atlracts residents, in part, because of amenities such as built·in alarms and cantralled access systems, similar to those found in single family houses. & America renews its focus on strong, healthy communities, the apartment indus- try is poised to play an enhanced role In those communities. 'i I i Iii I: i;1 ! 'I' I: II ¡I!:! i , ¡ I 'II" I:i' '1 I,' "1' ì ,i: 1'1'11 ".'1' I' ili::!' I', '.' Ii I ¡ 1,,1 ¡i! ;1.'1., i iii' i i I.' .i¡ i; I: i' ¡, ,', ¡', . :." I .!I'¡'c: , , Apart~~nt LiyingJ<.eeps ,Getting~etter ITlTlO'Vahve .Amenities and Ddsign FeatUres oj the NeW Apartment Home CoMMUNITY AMENITIES, " ~ Built·in, pre-wired entertainment centers with theater· ~ PersancÍI garden plats and còmmuni1y herb garclens; i, quality surround sound ~ Indoor basketball courts, putting greens, picnic pavilions . ~ Stereo speakers and wiring in every raam and sand volleyball courts ~ Six line phone capacity ~ Outdoor fireplaces with seating ~ Integrated telephone, cable 1V and high-speed Internet ~ Resort-style swimming pools v.:ith pool-side load and bever- service age service ~ Videa libraries and video-on·demand service < Fitness centers, including virtual reality exercise equip- < Virtual apartment tours and online apartment applications ment, spa facilities and tanning beds ~ Media/theater rooms with theater.style seating < Automated rent payments < On.site pubs featuring billiards and games tables < Keyless entry systems < Fully equipped business centers with video conferencing APARTMENT HOME AMENmES cenlers < Aitached direct·access garages and private entries < Alter-school programs for children < Nine foot and vaulted ceilings < Comprehensive concierge services, including errand < Bay windows and skylights running, dog walking and plant watering ,. Oversized oval bathtubs . On.site personal services, such as caterers, alter·haurs doctors and dentists, and personal trainers .:. Woad-buming and gas fireplaces TECHNOLOGY AMENITIES ,. Island kitchens with pat racks and built·in wine racks .:' Water purification systems and programmable thermostats < Private in·unit alarm systems that allow residents to view enlTy gales, pools and play areas via closed.circuit .:. Crown molding, mantles, chair roils and other interior finishes television . ¡ij!! i ,,', I I ¡¡oi:' ! I'," I',' ",, ,I The U.S. Apartment Market APARTIŒNT REsIDENTS (%) o 25% 50% 5OlaCf:U$.aNSUSlUlEAU.loIoIICH 1998CURllfNTPOP\.AA11ONSUMY 75% u.s. HOUSÐlOLDS: RENTERs & OWNERS Number of Househoids Co of U S Totol ! ii ,,'I d :' 21.7 25.5 9.2 12.0 14.3 17.3 47.4 26.4 12.8 13.4 64.6 24.4 11.0 Renier Occupied Housing 34,896,000 Owner Occupied Housing 68,638,000 Total 103,534,000 33.7% 66,3% 100% Data Resources and References provided 011 back cover. !: i 100% Age of Household Head Under 30 29.1 30 to 44 years old 33.7 45 to 64 years old 20.6 65+ 16.6 Household Type Single Male Single Female Husband/Wife Only Husband/Wife/Kid(s) Single Parent Roommates/Other HOU$8hold Members One Twa Three Four Marilal Slatus Single Married Widowed SO\JRCE;u.s ŒNSl6BUREAU, 1998 HOUSING VAC.NK.Y SUM'I' (' C Ccv'-<. L \ ---- Hennepin County An EqwJ! Oppommi" Emp1o,er February 2, 2000 Dear Associate: Attached is a schedule of the 2000 County Board of Commissioners meetings, which includes related dates of Board review in committee and the deadline for staff receipt of information prior to submittal to the Board. Please note the lead time required to have an issue considered by the Board. As you might expect, the earlier you get to staff on an issue, the more likely you will be successful in securing County Board support. As always, I invite you to contact me on any issues of common interest. Sincerely, ~~ James N. Grube, P.E. Director, Transportation Department JNG:rr :. ,": -. .~,-,.. --, Attachment I::: 01 2000 ....", ,,'. . \, ". .~_h_ "':.: ,~ Transportation Department 1600 Prairie Drive Medina. Minnesora 55340-5421 (612) 745-7500 FAX:(612) 478-4000 TDD:(612) 478-4030 Recycled Paþe>' 2000 SCHEDULE FOR PROCESSING REQUESTS FOR BOARD ACI10N Date Needed By Date Communicated Date For County Date For County Transoortation Admin. to County Board Board Review Board ADDroval 2/21 3/21 3/28 4/4 3/6 4/4 4/11 4/18 3/20 4/18 4/25 5/2 4/3 5/2 5/9 5/16 4/17 5/16 5/23 6/6 5/1 6/6 6/13 6/20 5/22 6/20 6/27 7/19 6/5 7/19 7/25 8/8 7/3 8/8 8/15 8/22 7/24 8/22 8/29 9/5 8/7 9/5 9/12 9/19 8/21 9/19 9/26 10/3 9/4 10/3 10/10 10/17 9/18 10/17 10/24 10/31 10/2 10/31 11/7 1lI14 10/16 11/14 11128 12/12 IT 2/1/00 CC', (ß~'( SUBURBAN TRANSIT ASSOCIATION League oT1Vfinnesota Cities Building 145 University Avenue West, Suite 450 St. Paul, Minnesota 55103 Telephone: (651) 228-9757 Facsimile: (651) 228-9787 REPORT 2000-2 FRIDAY, FEBRUARY 4, 2000 MAPLE GROVE JOINS THE STA The City of Maple Grove officially joined the STA at the January 20 Board of Directors meeting. The addition of Maple Grove and its transit operation, Maple Grove Transit (MGT), means all opt-out transit providers are now represented under the auspices of one organization. Maple Grove's Mayor, Bob Buriingame, will serve as a member of the STA Board, and Transportation Coordinator Mike Opatz is Mayor Burlingame's alternate. The Metropolitan Council assisted MGT in its desire to join the STA by passing a resolution authorizing Maple Grove to make the dues expenditure. Both the Metropolitan Council's Transportation Committee and the full Council approved the authorizing resolution. Thank you to the Met Council for understanding the importance of the opt-out transit voice in efforts to pursue adequate transit funding. We would like to welcome MGT and the city officials who work so hard to provide transit services to residents of the Maple Grove areal SENATOR DEAN JOHNSON SWITCHES PARTIES- APPOINTED AS TRANSPORTATION BUDGET DIVISION CHAIR Senator Dean Johnson (DFL-Willmar) was a Republican Senator until Wednesday, January 12. On that date, he became a Democrat. According to Senator Johnson, his decision to change parties was based largely on what he perceived as a growing rift between himself and the more conservative wing of the Republican Party. Senator Johnson has long held a reputation as a moderate Republican who has voted against his party on a variety of controversial social and tax issues. Senator Johnson's party-switch could be helpful for opt-out transit providers because his new status as a majority member allowed DFL leadership to appoint him the Chair of the Transportation Budget Division. As Senator Johnson has been supportive of our concerns in the past, we believe as Budget Division Chair that he will provide leadership that recognizes the importance of opt-out transit services in conjunction with those provided by Metro Transit. The STA Leolsl.tJve Reøott Is prepared by ThomIs J. Poul.nd Jennifer J. "'rerson Mea"" & I{,.tnfW P.A.. 145 UnJversJty Avenue Wut,. Suite 450. Sf. Paul, MN 55103 Members: Minnesota Valley Transit Authority. Plymouth Area Transit. Shakopee Area Transit, Southwest Metro Transit Commission r--:- i'~ ¡,.. . "",'h '.:-'. O· . ..,000 t ..~r.... ._ L Ci (Y 01 \,¡ ''-''-Üi,-,u\.::.d'J STA BOARD OF DIRECTORS MEETS- ELECTS OFFICERS FOR 2000 APPROVES LEGISLATIVE AGENDA As mentioned above, on Thursday, January 20, the STA Board of Directors met at Southwest Metro Transit's Eden Prairie transit hub. Aside from officially accepting Maple Grove into the STA, the Board elected officers for the year 2000 and gave final approval to this year's Legislative Agenda. The new officers for the STA, all of whom will serve for the year 2000, are as follows: Mayor Elizabeth Kautz, Bumsville, will serve as Chairperson; City Council member Nancy Tyra Lukens, Eden Prairie, was elected as Vice Chairperson; and City Councllmember Scott Harstad, Plymouth is the new STA Treasurer. Congratulations to the new officers! We would also like to thank the STA officers who served during 1999: City Councllmember Sandy Masin, Eagan, who served as our Chairperson; Mayor Elizabeth Kautz, Burnsville, who filled the Vice Chairperson's position; and Councllmember Nancy Tyra Lukens, Eden Prairie, who was our Treasurer. As for the Legislative Agenda, the Board approved an agenda that illustrates our support for, or opposition to, a wide range of legislative and administrative issues, including: 1. The STA will actively support the Metropolitan Council's request of $16 million in capital bonding authorization for transit projects. (A more detailed discussion of the governor's recommendation regarding this request is on , page 7.) In addition, the STA will also be supporting the Metropolitan Council's request for $3.7 million in supplemental funding. This initiative would fully fund the transit operating-budget of $113.6 million as submitted during the 1999 Legislative Session. 2. The STA will pursue a sales tax exemption for transit buses and replacement parts needed for their maintenance. Currently, Metro Transit, Duluth Transit and Sf. Cloud Transit have an exemption for bus purchases, but not replacement parts. Conversely, opt-outs and other transit providers are required to pay sales tax on both kinds of expenditures. The STA and other transit advocates believe exempting all transit providers from payment of sales taxes on buses and replacement parts is good public policy. 2 " 3. The STA supports a state appropriation for the Transportation Revolving Loan Fund (TRLF) to obtain rights of way to increase highway lane miles in an effort to reduce congestion. 4. The STA will continue to support implementation of the LRT project in the Hiawatha corridor and implementation of commuter rail lines as part of a comprehensive metropolitan transit system. 5. As we did last session, the STA will support legislation to provide income tax incentives to businesses that provide free or reduced-cost transit passes to their employees. 6. The STA will oppose elimination of high occupancy vehicle lanes on Interstates 35W and 394 because they provide mass transit advantages for commuters over some of the most congested highways in the region. Similarly, we will also oppose elimination of freeway ramp meters and the meter bypasses available for multi-occupant vehicles, including buses. 7. The STA opposes imposition of mandatory levy limits on the opt-out transit levy. Since levy limits on local governments were reinstated during the 1998 Legislative Session, STA members have voluntarily abided by the limits. However, as levy limits destroy the ability for transit providers to grow our organizations effectively. 8. The STA will monitor any proposals to allow additional communities to become opt-outs, enlarge the transit-taxing district, reduce motor vehicle registration fees (tab fees) or create a dedicated source for transit or transportation funding. 9. The STA will also work with the Metropolitan Council to acquire a stable and predictable bonding authority for transit capital funding that includes a mechanism for growth and would ensure adequate revenues to maintain and expand an effective regional transit system. As the upcoming session progresses, we will closely watch the goals outlined in the STA's Legislative Agenda and update you regarding their status. 3 NEW LEGISLA TIVE REPORT FEATURE This month is the inauguration of a new feature in the STA LEGISLATIVE REPORTthat we hope to include on a regular basis - a guest contribution. Representative Carol Molnau (R-Chaska) graciously agreed to submit a story for this month's issue to articulate her goals for the upcoming session. We would like to thank Representative Molnau for this contribution, and encourage all of our readers to submit articles it believes are appropriate and informative. Representative Molnau's article is below. Please note, however, that guest contributions are written to provide the author's point of view and do not necessarily represent the policies or opinions of the ST A. However, for this new feature to work in the future we need your help. If there is an article you would like to submit or an issue that you believe should be discussed in greater detail by an "expert" on the subject, please contact Tom Poul at 651/228-9757 or bye-mail attpoul@mandklaw.com. MY PRIORITIES FOR THE 2000 LEGISLATIVE SESSION BY: REPRESENTATIVE CAROL MOLNAU, HOUSE TRANSPORTATION FINANCE CHAIR Thank you for the opportunity to share my priorities with you for the 2000 Legislative Session. At the top of my list is making sure that transit continues to playa vital role in providing a balanced transportation system. With the limited amount of money the Legislature had to work with last session, some transit operations were not funded at the level that was requested. I hope we will be able to make up the shortfall this year. While some believe that light rail is a panacea for all of our transportation problems, I believe that our resources would be better invested in improving the bus system. This includes adding service, but also means that we have to continue making the kinds of investments that have been working well so far - ramp-meter bypasses, bus-only shoulder lanes, and park-and-ride facilities. In certain corridors, developing a bus-only transitway may make the most sense. One of the most effective things we can do to improve our transportation system is to remove 'some of the bottlenecks that plague our freeways. Oftentimes, busses are caught up in traffic jams as well, and it makes sense to make sure that does not happen. The most important thing transit providers can do is to remember the customer. I look forward to working with you to make sure that we can provide transit with the tools needed to best serve the customer. 4 f HOUSE MEMBERS FILE SUIT AGAINST LRT On December 29, 1999, Representative Phil Krinkie (R-Shoreview) filed a lawsuit against Governor Jesse Ventura, Transportation Commissioner Elwyn Tinklenberg and Public Administration Commissioner David Fisher, with the goal of halting any further construction for the Hiawatha Corridor light rail transit (LRl) line. On January 12 of this year, eight additional legislators joined Representative Krinkie in his legal endeavor. Those additional legislators are: Carol Molnau (R-Chaska); Mark Buesgens (R-Jordan); Doug Fuller (R-Bemidji); Chris Gerlach (R-Apple Valley); Mary Liz Holberg (R-Lakeville); Tony Kielkucki (R-Lester Prairie); Mike Osskopp (R-Lake City); Tim Wilkin (R-Eagan); and Doug Reuter (IND-Owatonna). The lawsuit, which was filed in Ramsey County District Court, claims that the governor and commissioners violated a state law passed during the 1999 Legislative Session requiring a cost-effectiveness study before the state can enter into contracts that cost more than $5 million. According to that law, if such a study shows that the project is not beneficial to the public, contracts for the project's completion are not to be entered into. However, if additional cost-benefit analysis proves that the project is more cost effective than alternatives to the project, the governor may grant approval and the state may contract for project completion. Representative Krinkie and the others claim that the cost-effectiveness studies completed thus far do not adequately illustrate the results required by law. His suit would enjoin further action on the Hiawatha corridor until a "satisfactory CES is completed with a positive finding of fact." (Petition for Writ of Mandamus and Complaint; Krinkie v Ventura et. al; Ramsey County District Court, December 12,1999.) The Governor's office stated to the local media that the lawsuit is frivolous and explained that numerous studies, including a federal environmental impact study in 1985, all found that LRT was the most cost-effective method of diversifying and growing the Twin Cities' transit system. We will keep you updated as this lawsuit makes its way through the judicial system. GOVERNOR VENTURA REVEALS TRANSPORTATIONITRANSIT PLANS FOR 2000 SESSION On Monday, January 10, Governor Jesse Ventura released to the public his proposal to increase transportation expenditures by $245 million per year. The additional appropriations will fund additional rail transit and dedicated busways, various road improvements and, most importantly for the STA, expansion of bus services in Minnesota. The transportation plan also includes a cap of $75 on vehicle registration taxes (tab fees). The Governor calls this plan "Moving Minnesota" and has said it will playa central role in the "Big Plan" he has been revealing in increments over the past few months. 5 The Governor believes his plan will relieve transit deficiencies by relieving traffic congestion in the metro area, improve the quality of major highways and increasing the availability of transit services throughout the state. The additional funding would not begin until fiscal year 2002, but the tab fee reductions would become effective at the end of this coming July. To fund the additional expenditures and tab fee reduction, Governor Ventura plans to propose a Constitutional amendment for approval at the November election that would dedicate 54 percent of the sales tax on motor vehicles to highway funding, thereby filling the $275 million gap in highway funding created by the tab fee reduction. Prior to passage of the Constitutional amendment, the gap would be filled temporarily with general fund revenue. Governor Ventura then proposes statutorily dedicating the remaining 46 percent of the motor vehicle sales tax to a multi-modal transit fund. Of the $245 million raised by the statutory dedication, 75 percent would be appropriated to the Department of Transportation for Greater Minnesota transit, busways, commuter rail, right-of-way preservation and reduction of freeway bottlenecks, while 25 percent will go to the Met Council for bus service expansion and light rail transit operation. Legislative reaction to the Governor's proposal has been mixed. Some Republican legislators have stated that the increase in transportation funding is not adequate to make up for years of neglect. Other Republicans reacted more positively to parts of the plan, specifically the transfer of vehicle sales taxes from the general fund to dedicated transportation funding. Similarly, some Democrats have reacted skeptically to the proposal's general fund revenue loss created by the tab fee reduction, and the statutory (rather than Constitutional) dedication of the transit funding revenue, while others were thrilled that the Governor appeared to be taking the lead in transportation and transit funding reform. This is just one of the many plans expected to be considered during the 2000 Legislative session. Once legislation is introduced in February, we will provide you with more specific information. GOVERNOR VENTURA RELEASES BONDING RECOMMENDATIONS Maintaining consistency in his desire for a fiscally restrained 2000 Legislative Session, Governor Ventura recently submitted a $400 million capital budget plan to the Legislature. In keeping with his plain-language style, Governor Ventura's capital budget recommendations were evaluated by answering seven questions: (1) Does the project protect the life and safety of residents and state employees? (2) Does the project provide responsible stewardship of existing state assets and facilities? (3) Is the project urgent and necessary or is it merely nice? 6 (4) Is the project an important one that previously received only partial funding? (5) Would the project be more appropriately funded through local government or private sector sources? (6) Are there unique financing opportunities for the project, such as matching federal funds? (7) Is the project one that promotes strategic initiatives consistent with the goals of the Governor's Big Plan and smart growth principles? There were more than $1.5 billion in requests submitted for inclusion in the capital budget, many of which will receive legislative consideration irrespective of Governor Ventura's decision not to include them in his recommendations. Democrats and Republicans alike have been discussing capital budgets that include many of the requests not recommended by the Governor and that exceed his recommendations by many millions of dollars. Those differences have set legislators and Governor Ventura up for a session that could be contentious. For your information, here are the transit highlights of the Governor's recommendations: 1. Bus Garages. Metro Transit submitted requests for bonding authorization to build new bus garages that totaled $40 million. The bonding would be obtained at the rate of $20 million each session in 2000 and 2004. The Governor's recommendations included no bondino authorization to build additional bus garages. 2. Transitways. Metro Transit also submitted $150 million in requests for bonding authorization to plan and build dedicated transitways for bus, rail and light rail (LRT) usage. The request was for $50 million in authorization for each session during the years of 2000, 2002 and 2004. The Governor recommended bonding authorization of $10 million for each of those session years, for a total of $30 million. The 2000 Legislative Session began this week, and it will proceed quickly. We will keep you informed of the capital budget debate through this newsletter and updates provided to the STA Board and transit operation executive directors. 7 CITY OF CHANBASSEN 690 City Cmter Drivr, PO Box 147 ChanhlWtl1, MinnesotA 55317 Phont 612.937.1900 General Fax 612.937.5739 Enginttring Fax 612.937.9152 Pub/ic Safety Fax 612.934.2524 lflb www.ci.chanhassm.mn.us (C '. C/J~ MEMORANDUM TO: Todd Hoffman, Park and Recreation Director FROM: Jerry Ruegemer, Recreation Superintendent DATE: February 3, 2000 SUBJ: 1999/2000 Outdoor Ice Usage This rnemo will provide an overview of which local youth hockey associations and other organizations that are using the hockey rinks at North Lotus Park, City Center Park, and the Chanhassen Recreation Center. Currently, our department schedules organized hockey practices at North Lotus and City Center from 5:30-7:30 p.m., Monday through Thursday. It has been our policy that parks with only one hockey rink be kept open to the general public from 4:00-5:30 p.m. and again from 7:30 - 9:00 p.m., for residents to enjoy. With two rinks at the Chanhassen Recreation Center we have more scheduling flexibility. This allows us to schedule one rink from 5:30 - 9:00 p.m., Monday through Friday, and one rink remains available to residents all night. Does it make sense to have a second rink at City Center Park? I would say yes. If you look not only at organized hockey practices, but also at our recreation programs, we could utilize this space for adult sports, skills clinics, skating lessons, and other programs. In recent conversations with both the Minnetonka Youth Hockey and the Chaska Community Hockey Association, they are very confident that they could fully utilize additional practice time at City Center Park. Their associations are getting less time per team for games and practices indoors, and would welcome additional outdoor ice, especially for the younger age groups. Currently, Minnetonka has 113 kids participating in their program and Chaska has 150 Chanhassen kids participating. A total of263 kids have limited practice time at 3 Chanhassen hockey rinks. The extra rink at City Center in the non-winter months would house the newly purchased equipment for the skate park. The boards would contain the kids and equipment very nicely. The rink could also be scheduled during the non-winter months for dry land hockey practices, as well as other recreational programs. This could only be done if the skate park equipment were moved to another venue, which I'm not recommending at this time. The City ofChrmhosse11. A '!Towin'! community with clean lakes, QUtllitv schools, a channin(T downtown. thriviM businesses. and beautifiJl MrkS. A (TI"('/1t "lttre to Hue. work. find 1 Todd Hoffman, Park and Recreation Director 02/04/2000 Page 2 The capital investment of an additional set of hockey boards is not inexpensive. 1 am confident that if the hockey rink board purchase is approved, it will be used to capacity for youth sports, recreation programs, skate park, and other activities. I have included the current calendars for all scheduled winter activities for North Lotus, City Center, and the Recreation Center rinks for your review. If you have any questions, please stop by. g:\park\jel1)'\iceusagememo.doc Rink Hockey Ccp #1 December 1999 As 0102/0312000 '",ªfflisi:J¡¡Y;¡},~'J'huÎ'Sd¡¡y,::' ' 2 9 5 6 8 7 12 14 16 13 15 19 23 20 21 22 05:30P-07:30P CCHA OS:30P-07:30P CCHA 05:30P-07:30P CCHA 05:30P-07:30P CCHA Hockey Practice Hockey Practice Hockey Practice Hockey Practice 26 28 30 29 27 05:30P-07:3OP CCHA 05:30P-Q7:30P CCHA 05:30NI7:3OP CCHA 05:30P-07:30P CCHA Hockey Practice Hockey Practice Hockey Practice Hockey Practice 3 10 17 24 31 Friday Saturday'" 4 11 18 25 Rink Hockey Ccp #1 January 2000 As Of 02/03/2000 3 05:3OP-07:30P CCHA Hockey Practice 10 05:3OP-Q7:3OP CCHA HOCkey Practice 6 17 OS:30P-Q1:3QP CCHA Hockey Practice 1 24 05:30P-07:3OP CCHA Hoc:keyPractice o 31 œ:30P-07:3OP CCHA Hockey Practice 4 05:30P-07;3OP CCHA Hockey Practice 11 05:30P-07:30P CCHA Hockey Practice 18 05:30P-07:30P CCHA Hockey Practice 25 05:30P.o7:30P CCHA Hockey Practice 5 05:3OP-07:30P CCHA Hockey Practice 12 05:30P-07:30P CCHA Hockey Practice 19 05:30P-07:30P CCHA Hockey Practice 26 Q5:30P-Q7:30P CCHA Hockey Practice ~é¡< -,;y,.,'¡~>",^ ';,~ .' 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Friday: 'it: .. ."..... . "., . 4 05:30P-Q9;OOP CCHA Hockey Practice 11 05:30P-09:00P CCHA Hockey Practice 18 04:30P-oS:30P ChanIChaska Hockey Pract 25 Saturday 5 10:00A-11:3OA Hockey Skills CI... ·:·,~f'j 12 19 26 CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell lù>gerN.Knutson Thomas M. Scott Elliott B. Knetsch (651) 452-5000 Fax (651) 452-5550 February 3,2000 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCatton ·Afso IîMued in Wisconsin District COurt Administrator Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 ~F.C¡;:!VFn ¡';C!) 0 !. 2000 ....~ - Re: City of Chanhassen v. Fox ProDerties Limited PartnershiD. et al. Court File No. C8-99-1713 .' , , . "'\:N CII Y Ur l""~¡',nAûû....1 Dear Administrator: Enclosed herewith for f1ling in the above-referenced proceeding, please fmd the following documents: 1. Notice of Motion and Motion; 2. Memorandwn of Law: 3. Affidavit of Thomas M. Scott; 4. Proposed Order; 5. Nomination of Commissioners; and 6. Affidavit of Service. Thank you. Very truly yours, CAMPBELL KNUTSON Professio1l£l1 Association ~'~-~ ^-<\\ Thomas M. Scott lMS:nme Enclosures cc: Todd Hoffman Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota municipal corporation, Court File No. C8-99-1713 Petitioner, NOTICE OF MOTION AND MOTION vs. Fox Properties Limited Partnership, a Minnesota limited partnership, Centex Real Estate Corporation, a Nevada corporation, and Centex Homes, a partnership, John Roe and Mary Doe and County of Carver, Respondents. TO: RESPONDENT FOX PROPERTIES LIMITED PARTNERSHIP and its attorney, LELAND J. FRANKMAN, 1000 Northstar East, 608 Second Avenue South, Minneapolis, Minnesota 55402; and RESPONDENTS CENTEX REAL ESTATE CORPORATION AND CENTEX HOMES and their attorney, GREGORY M. BISTRAM, Briggs and Morgan, Professional Association, 2200 First National Bank Building, 332 Minnesota Street, St. Paul, Minnesota 55101. PLEASE TAKE NOTICE that, on February 17,2000, at 9:00 a.m., Petitioner City of Chanhassen will move the above-named court for an order (i) determining that Respondents Centex Real Estate Corporation and Centex Homes do not have an interest in the property subject to this condemnation action and are not "owners" as defined in Minn. Stat. § 117.025, subd. 3, and (ii) precluding the condemnation commissioners from considering any evidence relating to the so-called "Letter Agreement" dated 84271 October 6, 1999, between Respondent Centex Homes and Respondent Fox Properties Limited Partnership for any purpose whatsoever. This motion is based upon all of the fIles, records and proceedings herein, including the Memorandum of Law and Affidavit of Thomas M. Scott served upon you in connection with this motion. Doœd, '7/ I '7~ ,2000 CAMPBELL KNUTSON Professional Association By: ~.""'~ ^-'- it --- Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 2 ., STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST mDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota municipal corporation, Court File No. C8-99-1713 Petitioner, MEMORANDUM OF LAW vs. Fox Properties Limited Partnership, a Minnesota limited partnership, Centex Real Estate Corporation, a Nevada corporation, and Centex Homes, a partnership, John Roe and Mary Doe and County of Carver, Respondents. INTRODUCTION Petitioner City of Chanhassen is condemning undeveloped land (the "Subject Property") owned by Respondent Fox Properties Limited Partnership (hereinafter referred to as "Fox"). Respondents Centex Real Estate Corporation and Centex Homes (hereinafter referred to as "Centex") were named as parties because they had a possible interest in the Subject Property by virtue of a self-described "Letter Agreement" or future option between Centex and Fox. On January 24, 2000, Centex terminated the Letter Agreement. Fox refuses to stipulate to a dismissal of Centex from these proceedings. 83956 1 Petitioner moves the Court for an order (1) determining that Centex has no interest in the Subject Property and dismissing it from the proceedings, and (2) determining that the now-cancelled, non-binding Letter Agreement, or letter of intent to enter into an option, is not admissible as evidence of value. ARGUMENT I. Undisputed facts regarding the cancelled Letter Agreement. By letter dated April 27, 1999, the City told Mr. Frank Fox of its intent to initiate condemnation proceedings and requested permission for its appraiser to enter upon the Subject Property. (Affidavit of Thomas M. Scott, Ex. A.) On August 23, 1999, the City Council adopted its resolution authorizing condemnation. (ld., Ex. B.) On October 7, 1999, the City flIed its Petition. On October 6, 1999, Centex and Fox signed a self-described "Letter Agreement" contemplating the execution of a formal option/purchase agreement. iliL., Ex. C.). After execution of the formal option/purchase agreement, Centex would have 60 days (the "Feasibility Period") in which to terminate, in its sole discretion, the option/purchase agreement. (ld., Ex. C.) Respondents never even executed a formal option/purchase agreement. Instead, on January 24, 2000, Centex, after being named as a party in these proceedings, gave Fox written notice of termination of the Letter Agreement. (Affidavit of Tom Scott, Ex. D.) 83956 2 ll. Centex has no interest in the Subject Property. The petitioner in a condemnation action is not barred from denying title of a claimant by the fact that it has made the claimant a party respondent, if it is alleged in the petition that title is doubtful or disputed. 2 Nichols on Eminent Domain § 5.02[2][b] at 5-55. After learning of the now-cancelled Letter Agreement, the City amended its Petition to add Centex as a Respondent on the bases of its purported interest in the Subject Property. It is now clear that Centex has no interest in the Subject Property. Centex has terminated the Letter Agreement and thus should be dismissed as a party to this action. The cancelled Letter Agreement could be construed, at best, to have been a letter of intent to enter into an option. An option to purchase real property, prior to its exercise, conveys no interest in the land. M.L. Gordon Sash, 271 N.W.2d at 439; Wurdermann v. Hielm, 102 N.W.2d 811,818 (Minn. 1960) ("An option to purchase land does not before acceptance vest in the holder of the option an interest in the land. "). "A contract conferring an option to purchase is nothing more than an irrevocable and continuing offer to sell, and conveys no interest in land to the optionee, but vests in him only a right in personam to buy at his election." Shau~hnessy v. Eidsmo, 23 N.W.2d 362,365 (Minn. 1946); see also Chun King Sales. Inc. v. St. Louis County, 98 N.W.2d 194, 206 (Minn. 1959). 83956 3 · . Here, there was only an intent to possibly enter into an option, with this intent to do something now formerly cancelled by Centex. Centex has no compensable interest in the Subject Property. Ill. The cancelled Letter Agreement is not relevant evidence regarding the fair market value of the property. In State. bv Bumauist v. Nelson, 2 N.W.2d 572 (Minn. 1942), the supreme court held that an unexercised option was inadmissible on the issue of damages for taking land covered by the option. In that case, the state connnissioner of highways took an option to purchase a 20-foot strip of land, designated and located for a trunk highway, for the sum of $800. The state did not exercise the option. Instead, the state med a condemnation petition. The connnissioners awarded damages in the sum of $500 and, on appeal to the district court, the jury awarded damages in the sum of $775. The supreme court reversed and ordered a new trial, explaining as follows: On the trial the court admitted the option in evidence. We think its admission was prejudicial. An option is not a sale. Many considerations may enter into the purpose of acquiring an option, and unless it ripens into a sale it should not be admitted as evidence of value. *** By connnencing the condemnation proceedings, the state in effect repudiated the option and disclaimed any rights thereunder. The only issue before the jury in these proceedings was the damage to respondents' property. There was evidence from which the jury could have found that respondents' damage was only $500. We cannot say that because the jury did not fix the damages at the amount of the option they were not influenced by it in reaching their verdict. Respondents' whole case was built up around the irrelevant option. 83956 4 I 2 N.W.2d at 573. It is irrelevant whether the condemnor or a third party takes the option for the subject property. The supreme court's concerns remain the same. An option is not a sale, and thus should not be considered competent evidence of market value. Here, no option ever materialized. Idle conversation between Fox and Centex was dressed up in a piece of paper, providing Fox with something to dance around in these proceedings. The District Court can determine what evidence of value the condemnation commissioners may consider. Iowa Electric Light and Power Co. v. City of Fairmont, 67 N.W 2d 41 (Minn. 1954). In Iowa Electric, the gas company argued that the "commissioners are at liberty to proceed to place any valuation they might choose upon the property and follow any method of procedure in so determining such value and that the court cannot instruct these commissioners as to how to arrive at just compensation. " Id. at 46. The supreme court disagreed. "[M]ost condemnation statutes of this type do not set forth any detailed methods of valuation. (Citation omitted). The court undoubtedly will advise the commissioners what elements of damage they should consider in making their award, and this practice has been approved by this court in Board of Park Comm'rs v. Bremner, 252 N.W. 451, 452 (Minn. 1934), where we said: * * * The law makes no provision for instructions by the trial court to the commissioners appointed by it for the purpose of reassessing benefits or making awards in cases of this character. In this respect it is like the general law in regard to condemnation proceedings. Usually, in matters of importance, by agreement of counsel, the district courts have adopted the highly commendable practice of advising the commissioners 83956 5 · . as to what elements of damage or benefit they should take into consideration in making their award or assessment. This court approves of that practice, * * * * * * There being no provision of law authorizing or requiring the court to instruct such commissioners, we regard the situation as within the court's discretion. It may advise the commissioners or it may not as the circumstances appear to require. I!h; see In re Condemnation by Minneapolis Community Dev. Ag., 488 N.W.2d 319 (Minn. App. 1992), review denied (Minn. Sept. IS, 1992) (affirming district court's denial of landowner's motion to compel the condemnation commissioners to consider evidence of lost going-concern value). This Court has the authority to determine what evidence the commissioners may consider. The so-called, now-cancelled "Letter Agreement" is absolutely inadmissible at trial. It should not be considered by the Commissioners. If the District Court allows the Commissioners to consider clearly inadmissible evidence, the Court will be faced with the same issue at trial. At that time, when the Court grants Petitioner's motion in limine to exclude any evidence of the cancelled Letter Agreement, the evidence may still come out through the testimony of the Commissioners. If the Commissioners based their award upon the terms of the cancelled Letter Agreement, it would be impossible to keep that information from the jury. The proper time to rule upon this evidentiary issue is before, not after, the Commissioners' hearings. Fox should not be allowed to taint the entire proceedings. 83956 6 CONCLUSION Petitioner respectfully requests that the Court rule (1) that Centex has no interest in the Subject Property and thus should be dismissed from this action, and (2) that the Commissioners shall be precluded from considering any evidence whatsoever of the cancelled Letter Agreement between Centex and Fox. Date: February?-, 2000 CAMPBELL KNUTSON Professional Association By: \ ~ __A lít Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 83956 7 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota municipal corporation, Court File No. C8-99-1713 Petitioner, AFFIDAVIT OF THOMAS M. SCOTT vs. Fox Properties Limited Partnership, a Minnesota limited partnership, Centex Real Estate Corporation, a Nevada corporation, and Centex Homes, a partnership, John Roe and Mary Doe and County of Carver, Respondents. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) THOMAS M. SCOTT, being first duly sworn on oath, deposes and states as follows: 1. Attached hereto as Exhibit A is a true and correct copy of a letter dated April 27, 1999, from your affIant to Mr. Frank Fox. 2. Attached hereto as Exhibit B is a true and correct copy of a letter dated October 6, 1999, from Centex Homes to Mr. Frank Fox. 3. Attached hereto as Exhibit C is a true and correct copy of a letter dated January 24,2000, from Centex Homes to Mr. Frank Fox. 84276 FURTHERYOURAFFIANTSAYETH~ '-- ~ 'r\ Thomas M. Scott Subscribed and sworn to before me ., 1Jf) , this ~ day of February. 2000. ~~' Notary Public Ie MATTHEW J. FOU IIIWIYMUC-- JIJ ..,0Ma"'."_ . I , \'. 2 , CAMPBELL KNUTSON Thomas J. Campbell Roc<r N. KnutsOn Thomas M. Scott . . Elliott 8. Knetseh ,. Suaan L.... Pace. Professional Association Attomèys at Law (li51) 452-5000 Fax (651) 452-5550 April 27, 1999 Joel J. Jamnilc Andrea McDowell Poehler Matthew K. Brold· John F. Keny , Matthew J. FoIi Marguerite M. McCanon ·Afso~inW-øc:øuin Mr. Frank Fox 27990 Smithtown Road Excelsior, }yfinTIP.sota 55331 Re: City of Çhnhll~'len Dear Mr. Fox: . We are the attorneys for the City of Chllnhll!l$en. The City has instructed us to enter into negotiations with you for the acquisition of the roughly 35 acres of your property located east of the proposed Highway 212 Right-of-Way. We have hired an appraiser. His name is Mare Knoche. We would reqUest permission from you for Mr. Knoche to yiew your property. I know that on a number of occasions t1Ìere have been discussions between you and the City concerning the acquisition of this portion of your property. Our goal over the next number of montbs will be to hopefully negotiate an acquisition or if need be, commence condemnation proceeilings so that three court appointed commissioners can determine the fair price for your property. Please contact me to confirm that our appraiser can view the property. Also, I would be more than happy to discuss with either you or your attorney anything relating to the proposed acquisition. I look forward to your response. Best regards, . 1MS:cjh cc: Mr. Todd Hoffinan Mr. Mare B. Knoche CAMPBELL KNUTSON Professional Association EXHIBIT I A Suite 317 .' Eagandale Office Center. 1380 Corporate Center' Curve · Eagan, MN 55121 r. " October 6. 1999 CENTEX HDMES Minnesota Division '1400 WNI.we,.,. ~ ...1It 120 Mlnl\etonlc., MN ,.,., .., Mr. Frank Fox 27990 Smithtowll Road Excelsior, MN SS~31 Phone:012·'~.-7.S3 'ex: "1'''.-713' RE: Approximately 140 aorea of real property located In Chanhassen, Minnesota. Depicted on Exhibit A It Is our understanding that Fox Properties LP (herein referred to as "Seller'') Is the fea owner of dte real property, described above {herein referred to as the "Propertyj. This letter shall constitute an orrer by Centc( Homes ("Centex") for the purchase of the Properly, together with all rights owned by Seller for the acquisition or provision of water, sawer or other utilities to the Properly. The Purchase Price shall be $60,000.00 per net acre. Net acres shall be defined as gross acres, less wetlands. less any properly to be acquired by the Minnesota Department of T ransporlatlon (ur assooiated agency) for the conslructlon oCUS Highway 212 and less 20 acres in tha Southwest corner of the Property to be retained by Seller. The purchase prioe shall he payable In cash, at the time of oloslng, subject to the terms and conditions sct forth below. Upon Seller's acceptanoe oCthis letter agreement, Centex will deliver $40,000 to a till<;: company of ¡IS choice ("Title Comp;lny") to be held ¡n escrow In an interest bearing accuunt as the Initial Option Fee for , this transaction. The Initial Option Pcc shall be applied to Ihe purchase prioe of the Property or otherwise distributed pursuant to the tenns of the Agreemen!- - Wilhin 30 days of Seller's exeeulion of this letter agreement, Seller shall deliver to Centex (t) It Commitment for Title Insurance prep;lred by the Title Company, togetber with copies of allll1struments of record affecting title; and (2) copies of all surveys, topography maps, soil borings, environmental assessments, and any other plan, document, or engineering work which are in the possession of Seller, Upon Seller's acceptance of this Icncr agreement, Centex will immedialely begin preparing a fonnal PUI'I'hase Agreement ("Agreement") detailing the terms of Ihis agrtement. Such Agreement shall contain the teniis berein described and suoh other provisions as may be agreed upon by Ihe portles. It is understood tbat Centc( will bear the cost of survey, MUSA indusion, rezoning, preliminary plat, development plan, developer's agreement, and final plat all in fonn and content acceptable to Centex. Seller will cooperate with Centex and shall execute those documents deemcd necessary by CCl1tex to achieve Its desired use ofthe Property. Centex shall also undertake Ihe following obligations, which shall be conditions to closing: A. Procurement of a satisfactory written opinion of a licensed solis Engineer tbat the soil conditions are suitable for residential development. B. Procurement of a satisfactory phase one environmenta I audit containing a wriUclI opinion of a qualified ex~rt thaI no ha~.ordous materials exist on Ih. Property. - EXHIBIT 1 B , Mr. Frank Fox ' '-' October 6. 1999 Page 2 . C. Pr~urement of commitments satisfactory to Centex for acçess and utility services including sanitary sewer, storm sewcr, water, natural 8U, electricity and telcphone faeililles. From and aftcr Seller's acceptance orthis offer, Centex, its agents, contractors and employees shall be entitled to enter upon tile Property for inspection, soils invcstlsatioll. examInation. land use planning and all other functIons incIdental to the platting and developmcnt of tile Property. Centex will indcmnity and saYc harmless Seller {rom all claims which may arise from these activities upon the Property. All such activities shall be conducted in such manner to minimize any crop damage. DurIng the first 60 days after the cffectlvedatc oflhe Agreement (Fea.,ibility Period); Centex shall ho\'o the right to determIne, In its sole and absolute discretion, whether the property is suitable (or development of lots and construction of homes in accordance with Centex's desired use. Centex shall have the unilateral risht to terminate the Agreement at any tlmc during this Feaslbllit¡)< Period, by deliverIng written notice tho~ofto Seller, whereupon the Initial Optioll Fcc shall be returned to Centex. If Certtex does not terminate the Agreement prior to thc expiration of the Feasibility Period, the Initial Option Fee shall be released to the Seller and shall be non-refundable to Centex, except in the case of Sellers default. '-' The Initial Closing shall oçcur no later than 30 days after the expiration of the Feasibility Period, provided Centex has not terminated the Agreement. The Initial Closing shall consist of 10.0 net acres in a location to be agreed upon by Seller and Celllex prior 10 expit1llion of the Feasibilily Period. 11le Initial Option Fee shall apply to the Initial Closing. The Initial Option Period shall expire two years (rom the Agreement date. During the Inilial Option Period, and any subsequent option periods, Centex shall work with the City of Chanhassen and tho Metropolitan Council (or induslon of the property Into the Metropolitan Urban Service Area. Prior to expiration oCthe Initial Option Period, Centex may extend the option for an additional one year (the Se<:ond OptIon Period) by providing Seller notice and paying Seller all additional option fee of 580,000. Prior to expiration of the Second Oplion Period, Centex may extend lhe option for an additional one year (the Third Option Period) by provIding Seller notice and paying Seller an additional option fee of S80,000. Prior to expIration of the Third Option Period, Cenlc'I ",ay extend the option fnr an addlt~on;d one year (the Fourth Option Period) by providing Seller notice and paying Seller all additional option fee of $80,000. The Second Closing shall oçcur no later than 30 days after the expiration of the Initial Option Period or subsequent Option Periods, if extended, alld shall cOllsist orno less than one halfofthc lIet acres. The purchase price (or the Seçond Closing shall be incrca.~ by 10% o"er the contract per acre purchase , ........ '- Mr. Frank Fox October 6, 1999 Pa¡e 3 price (the Second Closing Prenllum.) Thc Option Fcc(s) shall be applied to the SeÇOnd Closins. The Final Closing shall include the balance of the net acr~ and shall occur no later than one year after the Stcond Closing; The above closing schedule may be extended at any time for up to one year by making a non-refUndable extension payment of S% of the total remaining purchase price. The Second Closing Premium IInd any eXlension payments shall be applied to thc final Closing. Seller shall be responsible for all special asscssments, either levied or pending (except for pending assessments which are a rcsult of the buyers proposed development of the Property) against the Property as of the date of the initial closing. Real E.~tlte: taxes shall bc prorated to each closing. Seller shall be responsible for the removal of any underground tanks and contaminah;d soils on the Property prior to closing. Said removal shall be in compliance with all appropriate: local, Slate and federal· regulations. Seller shall be responsible for the propcr sealing of any wells on tf1e Property and for providing certlfièation of such prior to closing. By acceptance of this letter agreement. Seller makes the following represcntllion(s), which shall also be çontained in the Agreement, and shall be true at the date of each closing: A. There is no ÇOndition of the Property known to Seller which would adversely affett or Interfere with Contex's use of the Property, including ,oil conditions, to"ic wastes, fault lines or other subsurface or geological conditions. - This olTer shall remain open until October 8. 1999, and If not returned to Cente.x at the address appearing on tbe first page by that date, shall be considered null and voId. Please Indicate your acceptance by signing In the space provIded and retuming one signed copy to me by thc date above. 111e cOlltc·nts of this offer are tu remain confidential. Sincerely. CENTEX HOMES, By CENTEX REAL ESTATE CORPORATION, Its Managing General Partner ~,-,.ho~._ ~ ~W~·- Daniel A. Blake Land Development Manager The foregoing olTer and lener agreement Is accepted this L. of t"/~ 1999. BY: ¿J~t }ìÔ~ rPLf' BY: j i - ; 01/24/00 18:03 FAX 8129387839 CENTEX BOllES IiII002 CENTEX HCMES Minnesota Division 1 fI400 VII'N.....w crtvre &ulw1æ MMl1iOnKa. MN 11114:1 .-hQnC: C51I-I30-7_ ~ax;.t2aOSl·7'" January 24, 2000 Mr. Fnmk Fox 1600 Dolphin Ct. Napels, FL 34102 R.e: Fox Properlies LP - Chanhassen Property Dcar Frank: AS we discussed, this letter is notice of tenninaiion oftllc letter agreement dilled October 6. 1999. CenIex Homes continues to have an intcrost in the açquiaiûOJl. of your property, bowever it is apparent that duo to a numbet of ehanged circumstances, we ere not I'C8dy to meet your expeçtatÍODS at this time. Cenle)( will continue to review its position and DOtify you when we think W~ arc bc:ttcr prepared to present an agreement that will be acccptøble to you. 1 appreciate all of your patiençe throughout this process. llook foIWlU'd to the possibility of working together in the future. Sincerely. Cente.x Homes ~1M~ Daniel A. Blake Land Development Manager Cc; Mr. Tnn Hoyt Mr. Gr6QoJ)''Bistram EXHIBIT , c STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota municipal corporation, Court File No. C8-99-1713 Petitioner, ORDER vs. Fox Properties Limited Partnership, a Minnèsota limited partnership, Centex Real Estate Corporation, a Nevada corporation, and Centex Homes, a partnership, John Roe and Mary Doe and County of Carver, Respondents. On February 17, 2000, the above-entitled matter came on for hearing before the undersigned Judge of District Court upon the Petition of the City of Chanhassen for the taking of land pursuant to its power of eminent domain under Minnesota Statutes § 117.01, et. seq. At that time, the Court considered Petitioner's motion for a Court order (i) determining that Respondents Centex Real Estate Corporation and Centex Homes do not have an interest in the property subject to this condemnation action and are not "owners" as dermed in Minn. Stat. § 117.025, subd. 3, and (ii) precluding the condemnation commissioners from considering any evidence relating to the so-called "Letter Agreement" dated October 6, 1999, between Respondent Centex Homes and Respondent Fox Properties Limited Partnership for any purpose whatsoever. 82675 1 , Thomas M. Scott, Campbell Knutson, Professional Association, Suite 317, 1380 Corporate Cent.N Curve. ~gøn,Minnesota 55121 appeared on behalf of the Petitioner. Leland J. Fr.m1rman. Suite 1000, Northstar Center East, 608 Second Avenue South, Minneapolis, Minnesota 55402, appeared on behalf of Respondent Fox Properties Limited Partnership. No appearance was made on behalf of Respondents Centex Real Estate Corporation and Centex Homes. Based on the presentation of Petitioner, and upon the Court file and all proceedingsb.erein,the Court makes the following Findings of Fact and Order. FINDINGS OF FACT 1. Petitioner has duly authorized this condemnation proceeding in its Resolution No. 99-71. 2. The Amended Petition and Amended Notice of Hearing were duly served upon the Respondents as required by statute and proof thereof has been fù.ed with the Court. 3. The land to be taken by Petitioner in this proceeding is being taken for a public purpose and is necessary for the public purposes as alleged in the Amended Petition and as such is authorized by 1aw. 4. Respondents Centex Real Estate Corporation and Centex Homes do not have an interest in the subject property and are not "owners" as dermed in Minnesota Statute § 117.025, subd. 3. 82675 2 ORDER Based upon the Findings of Fact set forth above, and upon the fIles and proceedings herein, the Court hereby ORDERS: 1. That Virginia A. Bell, Fred Plocher and Roman Roos, with Robert Lindall and Allen Precht as alternates, who are disinterested persons to this proceeding and who are residents of Carver County, are hereby appointed as Commissioners to ascertain and report to the Court the amount of damages that will be sustained by the owners of the property taken on account of such taking. The Commissioners are directed, in their report of damages to the Court, to specify what portion of the total damages are direct damages resulting from the taking and what portion, if any, are severance damages to the remainder. 2. That the Commissioners shall not consider evidence relating to the "Letter Agreement", dated October 6, 1999, between Respondent Centex Homes and Respondent Fox Properties Limited Partnership, for any purpose whatsoever, and Respondent Fox Properties Limited Partnership shall nor refer to said "Letter Agreement" in an fashion. 3. That the Commissioners shall hold their first meeting in the office of the Court Administrator at the Carver County Justice Center in Chaska, Minnesota at a.m. on the day of , 2000 and the Commissioners shall file their final report of damages with the Court Administrator within 180 days of the date hereof. 82675 3 ; 4. That as compensation for their services as Commissioners, said Commissioners shall be paid the sum of $150.00 per day for each and every day occupied by them in the performance of their duties as Commissioners, plus reimbursement for mileage actually traveled in their own automobiles at the rate of $.31 per mile. 5. That the estate and interest acquired by the Petitioner in the lands described in the Amended Petition shall be fee simple title as described in the Amended Petition. 6. That Respondents Centex Real Estate Corporation and Centex Homes are dismissed as parties to this proceeding. Dated: ,2000 BY THE COURT: Judge of District Court 82675 4 ~; STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Chanhassen, a Minnesota municipal corporation, Court File No. C8-99-1713 Petitioner, NOMINATION OF COMMISSIONERS vs. Fox Properties Limited Partnership, a Minnesota limited partnership, Centex Real Estate Corporation, a Nevada corporation, and Centex Homes, a partnership, John Roe and Mary Doe and County of Carver, Respondents. TO: THE ABOVE-NAMED COURT: Petitioner, City of Chanhassen, hereby nominates the following persons to act as Commissioners and/or alternates in the above-captioned condemnation matter: COMMISSIONERS: Virginia A. Bell 7476 Crocus Court Chanhassen, Minnesota 55317 Fred Plocher 7223 Lilac Lane Victoria, Minnesota 55386 Roman Roos 1727 Green Crest Drive Victoria, Minnesota 55386 82672 1 ", ALTERNATES: Date: 1/ 'V , 2000 82672 Robert]. LindaU 470 Pillsbury Center Minneapolis, Minnesota 55402 Allen Precht 9175 County Road 10 East Waconia, Minnesota 55387 CAMPBELL KNUTSON Profession '\,-, \ .~ 1 \ By: "" v--..... \~ Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 2 AFFIDAVIT OF SERVICE BY FACSIMILE & U.S. MAIL STArn OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) NANETTE M. EILERS, of the City of Apple Valley, County of Dakota, State of Minnesota, being duly sworn on oath, states that on the 3rd day of February, 2000, she served a copy of the NOTICE OF MOTION AND MOTION, MEMORANDUM OF LAW, AFFIDAVIT OF mOMAS M. SCOTI', PROPOSED ORDER, and NOMINATION OF COMMISSIONERS upon Gregory M. Bistram, the attorney for Respondents Centex Real Estate Corporation and Centex Homes, and Leland J. Frankman, the attorney for Respondent Fox Properties Limited Partnership, by facsimile and by U.S. Mail thereof: enclosed in an envelope, postage for first class mail prepaid, and by depositing the same at the post office in Eagan, Minnesota, directed to them individually as follows: Gregory M. Bistram, Esq. Briggs and Morgan, P A. ' 2200 First National Bank Building 332 Minnesota Street St. Paul, MN 55101 Facsimile: (651) 223-6450 Leland J. Frankman, Esq. 1000 Northstar East 608 Second Avenue South Minneapolis, MN 55402 Facsimile: (612) 335-6572 ~ff e;tW.J N ette M. Eilers Subscribed and sworn to before ~d.200~. Notary Public ~ .~.JO¥J~.~"&"~VV""V·~.~..".. Ie SANDRA E. SMITH I NOTARY PUBlIC - MINNESOTA My Comm. EIpho Jon. 31. 2005 1t\.....VJ~rN_....Vr,-i'_,,~,,-;_~~v_.....~... FEE æræ....èÎ4:37PM LEAGUE OF MN CITIES Ilo",tet.:;,·· Wi 'j', ~ ,A ~.~. " c-'Il ,·"",,,ag·J ~: Þ""~1 e;,y ."r-'f J i _'''~' .", ",'~. ~-- . r·"·,,,,,··~O n;~ I '....'..". -.' . .~._...__.- n ~ City ~::·':!:'··'·:i" ..... --..·--..·1 RID A Y AX ~~~;D::~ I),';·' "_····--Jnber 1 . M·------~··_·_·I A weekly legislative update from the League of Minnesot Çif~% Bee ". February 4, 2000 '" ~. ., -~.,._.._... t 0':-'[ "·f d ",,""" ,';,.....-.'.' ~ ,..... .....,...... . and . D¿¡:iå-.i~t~r-- GIS, will discusa the importance of data- sharing in the GIS field and the potential chilling effect on data- sharing if govemment is subject to liability. This informational hearing grew out of discussions with Rep. Peg Larsen (R-lakeland) regarding legislation the League is pursuing to create an exception to tort liability for GIS information. If you have any questions or comments on this issue, please contact Andrea Stearns at (651) 281 -1258 or stearns@lmnc.org, LMC ~_'¡M.._ c.;.. au..,-~ --'-- Takings legislation heard in Senate Judiciary Committee The Senate Judiciary Committee heard S.F.45/Stevens (R-Mora) last night. The bill creates a new cause of action against local governments and the state for exercising regula- tory acts, including planning and zoning authority. It also requires compensation to be paid to real property owners who can show their property value has been negatively impacted by 1 0 percent or $7,500, whichever is less. After testimony in opposition to the bill, Sen. Stevens offered an author's amendment to remove local governments from the bíJI's application, and to require the state to pay local government costs if we are sued for implementing state programs. Before the amendment was voted on, Committee Chair Sen. Jane Ranum (DFL-Minneapo- lis) adjoumed the meeting and no votes were taken. The final status after last night's hearing: the bill still includes local govemments, it still creates a cause of action against cities, and it is stíJI up for a vote next week in the Senate Judiciary Committee. There was significant opposition to the bill. Thank you to all the ciry officials who contacted your legisla- tors to express your concerns about 1he fiscal impact of the bill and the chilling effect it would have on local decision-making. A special thanks to Plymouth Mayor Joy Tierney, St. Cloud Mayor Larry Meyer, Apple Valley Director of Planning Richard Kelley, and Renvllle City Administrator Chris- tine Frankenfield for their presence at the hearing and for providing testimony before the committee. The Issue has not gone away. Not only will the Senate Judiciary Committee still vote on the bill In the near future, but the I::IS!J.!M. Local Government Committee will be votinr;¡ on two oronerty ñClhts bills next Wednesdav. Feb 9 at 12:30 n.m. in Room 200 of the State Office Building. The bills are authored by Rep. Bruce Anderson (R-Buffalo Township) and there appears to be strong House Committee support for the bills. Please contact Remi Stone, lMC, at (651) 281-1256 or rstone@ Imnc.org for more information or for House Local Government Commit- tee and Senate Judiciary Commit- tee membership lists. GIS informational hearing scheduled for Monday The House Local Government & Metropolitan Affairs Committee will hold an informational hearing on geographic information systems (GIS) on Monday, Feb. 7 at 12:30 p.m. inRoom 200 of the State Office Building. Ben Verbick, GIS coordinator with local Government Information Systems (LOGIS), will give an overview and demonstra- tion of GIS; Minnetonka City Attor- ney Desyl Peterson will discuss the issue of potential misuse of GIS by pñvate individuals and the resulting potential liability for govemment; Penalties for sale of tobacco reduced A bill that would reduce the penalty for selling tobacco to a minor from a gross misdemeanor to a misde- meanor was heard in the House Crime Prevention Committee this moming and referred to the House Floor for passage. In committee, Rep. Mary Jo McGuire (DFL-Falcon Heights) suggested the possibility of amending the bill to include an enhancement provision that would make a second offense within a certain time frame a gross misde- meanor. That suggestion was debated by members, but was not ultimately adopted. In its original form, H.F.545, introduced by Rep. Loren Solberg (DFL-Bovey)/ S.F.688, introduced by Sen. Bob Lessard (DFl-lnternational Falls), could be perceived as a message that selling tobacco to minors is not viewed as a serious offense. If you have concerns with this bill. please contact your legislators. For more lnloroUlJion on city legisltdive Ùisue~', cOlltm;t any ""mber of the Leo.glU! of Minne.'ota CiJìes lntergovernmtmtal Relations team. (651) 281-1200 or (800) 925-1122 Transportation Funding Proposal Correding Minnesota's history of under funding transportation and transit this balanced transportation funding proposa( calls for tlU! creation of a' new ITultlmodal transportation fund. A statutory dedication of approximately 46 percent of the motor vehlde sales tax will be made to this new fund. This transfer will provide approxknately $245 million per year in new dollars. The creation of this fund will position Minnesota to leverage additional federal funds for,. transportation purposes and corrects the state's history of under funding transportation änd transit. The proposal supports smart growth principles by aligning transportation investments with land use, jobs and housing. . J' The ABCs of transportation The new multimodal fund and any federal funds secured will allow the state to pursue the ", Moving Mionesota Investment Strategy. ThIs strategy focuses on three basic elements. ,". Adva~tages for :rranslt: Countywide transit servicdor all of Minnesota, expanded metropolitan bus system with deØicated busways, shoulder lanes and commuter rail. Minnesota needs an aggressive, coordinated plan that provides alternatives to driving alone. Bðitíen~k Removal: Removing botÍlenecks is a necessary and cost-effective WIFf of improving mobility and safety on Minnesota's entire transportation system. Traffic congestion will be relieved through Improvemen15 in metropolitan area beltways and major interstate Interchanges: as well as Improvement of particularly congested locations throughout Minnesota; , u Corrldo~ Connections: To support economic growth and healthy, vital communities. MinneSota must move people, goods and services through 115 regional trade centers. By improving 115 corridors, Minnesota can achieve a vibrant interregional economy. "After 25 years of investing in . planning, I want to stop planning to do ,-.' ~,.~' iðrnething and get . ... something done. It's , t~e for action on " transportation." ..... Governor Jen_ V.ntur. Allocations from the Multlmodal Transportation Fund $245 mllliDn totaltn 2002 2S% to Metropolitan Council - . ~? 75% to Depanmenl of Transportation .. ' The Minnesota Department of Transportatiòn will use an estimated $ 184 million per year to fund: · Interregional corridors · bottleneck removal · right of way preservation · par1nership facilities and planning · transit capital and service expansion In Greater Minnesota · shoulder bus lanes and dedicated bus transitways · commuter rali operations and capital The Metropolitan Couodl will use an estimated $61 million per year to improve: · bus capital and service expansion · busway and light rail transit operations For mor.. information, I:Ontact the Departmt'nt (':f Transportation at 395 John lrelifJd Blvd.. St i':1U!. M'~l511)155; 651-296-3000 or t;r'·, fi~:·. .~ J-:'4: \\wv.'.¡v.nate.mn.us. Lr¡'(I:~ 'P,~L'{;t. thl~ Information 1(0'11: bP.II\~.t, ¡,....aUabl~ i _'r, ":;":"<1((' ~:Jtlnat. ~ ,:IUaty 2000 "There is no correlation between the value or age of a vehicle and the wear and tear 011 the roads. A flat registration fee for all automobUes makes sens,," Gouril.,.Ie... Vamr. Ventura calls for a $275 million tax. cut to license tabs Suggested tax cut would put Minnesota on par with neighboring states Minnèsota motor vehldé registration taxes are among the highest in the region, averaging an estimated $126 In 1999 for a passenger vehicle. Considerably lower rates can be found in the neighboring states of North Dakota, $55 average rate; Wisconsin, $45 flat fee; and South Dakota, $45 average rate.' The way roads are designed today, passenger cars do not erode them any more than the weather. In addition, the tax paid by motorists Is based on vehicle value, which has no relationship to road deterioration. A better and more fair solution is needed. The ~overnor's proposal Govemor Jesse Ventura believes MÛ1IIesota vehlcle.registration taxes are too high. He wants a tax reduction for citizens that · Umi1S the maximum regis1ration tax to $75 and retains a minimum tax of $35. · Gives a tax reduction to nearly 1.6 million owners of passenger vehicles registered in MiMesota. . . · Will save taxpayers approximately $275 million a'nnually for registration renewals after July I, 2000. Molar vehicle registration taxes are currently deposited to the dedicated highway funds. The Govemo(s proposal1ransfers general funds to replace lost highway funds resulting from the tax reduction in the first year. After the first year, a constitutional amendment is proposed to 1ransfer approximately 54 percent of the motor vehicle sales tax to replace the lost revenue to the highway fund. Governor's tax reduction benefits most car owners Ta '..........T_ 1112000 proposoI JIVing Chovrolet Cavallor Tax base price 511,995 5160 $75 585 Ford Contour Tax base 513,995 5185 575 5110 Chovrolet Lumina Tax base price 5 I 5,995 $210 575 5135 Ford Taurus Tax base price $17,995 $235 $75 5160 Toyota Camry Tax base price $21,995 $285 $75 5210 Ford Expodltlon Tax base price $ 29,995 $385 $75 5310 New car buy... - about 7.5 pen:ent of 1he 3.6 milUon Mlnn..ot.a passeng.. vehicle owners - pay an es1Imated average of more than S275 lor Rceose plate tabs the first year. SOu,t!: Department of Revenue For mall Inlormad... contact tho Department 01 _nut, 600 N. Robart SL. SL Poul. MN 55\ 55; 65\ ·297·1764: www.....s.stat..mn.us. Upon rtquost. dis information will be mad. availlblt In~ oUe_. lornIaL January 200D .. ._ .. .0.- , ,-_ .~.,.c..... ~. " :-- , ' . .,..- , j - ..~ -"" - . - . . - . Firni~" wátried':· å~Y~~~;:ÌiröìQç~~~·h·" ., ..: will.·incr·easë: 41)4' ë'dñl""ÄS~'ól~l¡,~~~:~t~;, .. : .' .~ ~ ,,-, . ,I,." J~' "'1\t. '~'i,.,,~~.. ""'~!' ¡1t':t\t¡.... 'b-; B·>..,..", .,' "L'" n',,"';' .¡CP,,,,,,.,.~ \'~"'~'\~ \ ..,~ '.". . " , By M,!!,(' -\, We~.er ", '." ;"..;,.", ,'11...., ~1"'~ il\ùiI¡'s\ø.I\,.. . ho~'¿.. : "J!~!,~(p~ltllr.~~f.lne~s, peop.e~\ fi"n~O.!17: ø.!!r~ .~~ l1af!~ )hat were 'war"êd .aa~ week that traf· ;~")"clUd~;1.di!pe Gi'oV~,; t'ltí\1outh, fie conge.tlOl\· on ·lilghWaY'·J-494:ì!:1I1OÒn!ngt,Q.n..Bdln¡¡¡¡'Mñ~ôtoma;;i '. tn-the .Õì.t"we.t· ÍIIétrO arc.' will· :.:ärid 'RI~h'fled In '~dlifófl; ö.'Baeir· , , et wô "''1 ~;:'lIIueli, wo' '·~·b....:1·\;P 'è'~ : . , ~rr, is .a'}. ,g~,>"I",.. ,IJ&,.~ .." ,,~,.¡¡r;,ù' ,#, '1~""'d9~'!I!t, \I,~ fore, .,lt8".II",'.be,' tte",ri";'!"',~,.j.:;,'>',',;",.,~....,';,',' :rJf"',,I" '." .1, pp"tt,a",,~, ra!!!,.,."þ, .n",..,I,lt,I..."n,', Añd/bßi¢ofj~~~~rM'ln; , .' '11,11"" . '·,:Çpv;'],êf.êN;~t~~;·': tlenec~~I1,~ëre;it~d,,\1Y:' 18, ~~;' ':'.. . ." ~hV{hJclí 1-~C?&;f1'1l1io¡ì, way eonitruëtloh proecl~iJ/j~t#,cal . ,: ¡ ,'"8e .tcP.'tPtwari:l!~ aø'A· don'l apþrel;.iably IncreasM~c.. fo~. W:WI"t~t1onal aJ11«1\èmcn.t m ,freC1\'R)".~~Þlclty, said ¡t9~:Thq~~,};d,\dlé~~ .' ueì, f!JI1I! ,the ~.¡;, ..nnns~h Jr,;a\l B~enP....'.rllt;Oln:,b\'lIì~, ..0'lnfqt<?q'!,hl~'es, ,.coune,lI m, e,ß¡, ,b.e",t,:t""n,èI"he,#\:!Rdi",.,,~;"4'W,,,:,~,l¡t,. ,f,s',J..1'I,.I"I1!o"n a' ,y:~ar.q seven-cltyl:194. c:?~rl!\?r(~!'!~~t¡!¡W,1!Ri .' ,tti~I,~!\"M'?r!': th~, ~~It,¡ m,I·~':.dtn,,'~'h·;~''.''~:~,:i£>~~g'~:rJ~h\, J~t~,fri~~I¡¡rd,f J~~\\;,~~', , el'of CIt'aíl~:-;"hîr!i'r'éûf~e~::¡.B ." ·'f.2D~'iI1· .I ':' {ê"'''. ''';'n!!;V;~lbnr· ".\ViU(\Iii;i·":.12(\\1'Q~·' wiÿl'#~nsìt;,I¡~, 'JJe~ ¡;;.lrÍ¿:ê6!iÖJi,Q(\Cdìt¡" f~W!,¡ , " \il~~nndi!n ç~~ij,g ;.~',r-'~~'..J¡\; ª~~.~. ".: . . " i.. ; H'd ,,', :';~.. , lo11n¡ ~ . HISh . " ": ,Sout) ,I. " , 'f?! . "" '~I" t.'j, . ,,'~'1 '~I ..~ " '''.. "'1 §fect ~w~, " threè... J, .~~!!1ï_.<\lré~t ~~ì'." .' I ' . requ" that opeJàne In' ea".. ;:it rectlo"ò W:croSêd,for thè' duràtlón r , of ø¡'cfP'iQJe'. ~~êår¡ÖJatè.d .to be ·ft'ô,tj.';'\ 2004 to'20.n,'i'M.t.woulddlsplace. 40,000'10·50,000 trips a day, and. very IIltle added capacity would. resull from the highway proJect. . because so much of Ihe section lies', In' a type ot"lutÌnel". V{ht:re addi~ tlon~ righi-of·Wàyls nol !,vallable; . according to Thorfinnson. . The councllm;lß later said he fear. ,I he conslruclion work' "mighl almost paralyze Ihe south- wesl.suburbs." . . There's'a lesson in the mes- sage QlTeredlast week, according: to Thorfin".on, "What we're re- . ally tryIng to do' Is get people to . understanc! IherÙ a looming crl- .Is,"· h: 'ald. "'. Wl¡lIe an ultlmale fix-up. for i the southwe.t-area freeway woulC , \' 10p,1 billion, Tþorftnnson salll :! some InterIm Improvements 'are, eyed, Including a third lane In. each dlrèction between tughways . 212 and tOll (Ienl allvcly sct ror 2003), and :Hldition"t cap:u.'ity hct\v('cJ\ Iligh\\'ay~ 11l ;tIIt! I,.~·H finJUIH or '1\/1')1 ~ -' · TleAtlantic Monthly URBAN AffAIRS Divided 'We. Sprawl A cull for a reinvention of the Americun city und subllrb tlwt would exploit the infrustructure of the one und mitigute the "fruntic privucy" of the other By many accounts.Baltimore is a comeback cily. It has a beauliful picce of ca!culaled nostalgia in the Camden Yards baseball sradium, which draws tens of thousands of visitors throughout the spring and summer. It has a lively waterfront district, the Inner Harbor, with channing shops and hot snacks for sale every hun· drcd y¡¡rds or so. But although it may function well as a kind of urban theme park (and there are plenty of cities that would love to achieve that distinction), Ì1s a city it is struggling. For twenty years Baltimore has hemor- rhaged residents: more than 140.000 have left since 1980. .Meanwhile, the surrounding suburbs have steadily grown. The population of Howard County, a thirty-minute drive from the city. has II" Ilnlet' Katz ond JI'lIlIifer IIrodley Illu~1rat¡on hy D:nid Md_iI11Hl~ doubled since t 980. from 118,600 to 236,000. The people who have stayed in Baltimore are some of the neediest in the area. The city has t3 percent of Mary· land's population but 56 percent of its welfare caseload. Only about a quarter of the students who enroll in a public high school in the city graduate in four year.;. And Baltimore is not unique. The im· age of America's cities has improved greatly over the past few years, thanks to shiny new downtowns dolled with vast convention centers. luxury hOtels, and impressive office towers. but these acres of concrete and faux marble hide a reali- ty that is in many cases grim. St. Louis, Cleveland, Philadelphia, and Washington, D. C., lost population throughout the 1990s. These cities are also losing their status as the most powerful economies ,in their regions. Washington started the 1990s with a respectable 33 percent of the area's jobs. Seven ycars later it had ooly 24 percent. The rate of population 111/'1\111111 '''',<1 The policies that made it easier for people to flee the cities and move to the suburbs are causing problems for slLburbanites, too. growth in the nation's suburbs was more than twice that in central cities-9.6 per· cent versus 4.2 percent-from 1990 to 1997. In just one year-I996-2.7 mil· lion people left a central city for a sub- urb. A paltry 800.000 made the.opposite move. In the major urbanized areas of Ohio 90 percent of the new jobs created from 1994 io 1997 were in the suburbs. Ohio's seven largest cities had a net gain of only 19.510 jobs from 1994 to 1997; their suburbs gained 186.000. The 1990s have been the decade of decentrtl.lization for people and jobs in the United States. Not even cities that are growing- southern and western boom cities-are keeping pace with their suburbs. Denver has gained about 3 I .000 people in the 1990s (after having lost residents dur- ing the I 980s,. but the counties that make up the Denver metropolitan area have gained 284,000 people-about nine times as many. In Atlanta and Houston central- city growth is far out matched hy growth ¡ '- - _ ':L inoûtlying counties. And these citi~s:-too. existing-roads. Environmenta-t regula- - ~ are losing their share of the jobs in their, tions make building offices and factories . ... :::: respective regions. In 1980.40 percent of· ~on abandoned urban industrial sites com.:- ' the jobs in the Atlanta region were in the plicated and time-çonsuming, and thus city itself; by 1996 only 24 percent were. render· untouched suburban land panico, Meanwhile. the poor have been left be- ularlyappealing. hind in the cities. Urban poveny rates are Together these policies have set the ~'," twice as high as suburban poveny rates, roles of the development game. They send and the implementation of welfare refonn a clear signal to employers, householders, appears to be a special problell! for cities. builders, and political leaders: build out Although welfare easeloãds"are shrinking on open. un-urbanized, in some cases "- in niost cities, in general they are not untouched land, and bypaSs older areas. shrinking as quickly as they are in the These policies were never imagined as a states and in the nation as a whole. Often coherent whole. No individual or COl1lltÙt. cities have a disproponionate share of tee or agency wrote the JUles of develop- their states' welfare recipients. Phila- ment as such. No one stopged to consider . delphia County, for e"ample;i. home to how these JUles, taken together, would af- 12 percent of all Pennsylvanians but 47 fect the places where people live and percent of all PeMsylvanians on welfare. work. The JUles are simply the implacable Orleans Parish. in which the city of New results of seemingly disparate policiC4, Orleans is located. has II percent of each with unintended consequences. ~, Louisiana's population but 29 percent of When the policies that made it ea~ its welfare recipients. This hardly adds up for people to flee the cities and move:i9" to an urban renaissance. the suburbs hurt only urban neighbor: Cities-both the lucky, booming ones hoods, the people who chose or had to and the disfavored. depleted ones-are stay behind suffered. Now. however. these losing ground for two reasons. First, they policies. together with the problems of push out people who have choices. Urban decay and decline in the cities and rapid crime rates have fallen. but they are still suburban development, arc causing prob· generally higher than suburban rates. lems for suburbanites, too-most notori· Some urban school systems are improv- ously the problem known as sprawl. ing, but in most of the nation's twenty Thus much of the unhappiness of the biggest urban school districts fewer than cities is also the unhappiness of the sub. half of high school freshmen graduate af- urbs. The familiar image of a beleaguered ter four years. City mayors have cut taxes, urban core surrounded by suburban pros· but urban tax rates (and insurance rates, perity is giving way to something more too) are oftcn higher than suburban ones. realistic and powerful: metropolitan areas Sccond, suburbs pull people in. This is not in which urban and suburban commu· a secret. What is less well known-in nities lose out as a result of voracious fact, is just beginning to be understood- growth in undeveloped areas and slow. is how federal. state. and local policies on er growth or absoluie decline in older spending. taxes. and regulation boost the places. The idea that cities and suburbs allure of the suburbs and put the cities at a are rel.tted. rather than antithetical, and systematic, relentless disadvantage. Pea- make up a single social and economic re- pie are not exactly duped into living in alilY, is called metropolitanism. detached houses amid lush luwns. peace· ful streets. and good schools. Still. it is un- deniable that government policies make suburbs somewhat more attractive and af· fordable than they might otherwise be, and make cities less so. Federal mortgage-interest and proper- ty-tax deductions give people a subtle in· centive to buy bigger houses on bigger lots. which almost by definition are found in the suburbs. States also spend more money building new roads-which . make new housing developments and strip malls not only accessible but finan- cially feasible-than they do repairing .. M ETROPOLlTANtSM describes not only where but also in some sense how Americans live-and it does this in a way that the city·suburb dichotomy does not. People work in one municipality, live in another. go to church or the doc· tor's office or the movies in yet anoth· er. and all these different places are somehow interdependent. Newspaper city desks have been replaced by the staffs of metro sections. Labor and hous- ing markets are area· wide. Morning traf· fic repons describe pileups and ·traffic jams that stretch across a metropolitan - 8!"". Opera co!DPanies and baseball teams , . pull péöplt' from throúgllout a region. Air or. water pollution affects an entire --region. because pollutantŠ, carbon mon- oxid~. and runoff recognize no city or suburban or county boundaries. The way people talk about where they live reflects a subconscious recognition of metro- politan realities. Strangers on airplanes . say to each other, "¡'m from the , Wasrungton [or Houston or Los AngeleS. . or Chicago or Detroitl area." They know that where they live makes sense only in relation to other places nearby, and to the big city in the middle. Metropolitanism is a way of talking and thinking about all these connections. The old èitY:Versus-suburb view is out:' dated and untenable. We can no longer The llging of the U. S. population will soon rnllke it clear that suburban sprawl is of no benefit to people who Cll1tnot d,-ive. talk about Uthe suburbs" 8S an undiffer- entiated band of prosperous, safe, and white communities. There are two kinds of suburbs: those that are declining and those that are growing. Declining sub· urbs, which are usuaUy older and fre- quently either adjacent to the city or clus· tered in onc unfortunate comer of the metropolitan area. are starting to look more and more like central cities: they have crumbling tax bases, increasing numbers of poor children in their schools. deserted commercial districts. and fewer and fewer jobs. For such suburbs to dis· tance themselves from cities makes about 8S much sense as two drowning people trying to strangle each other. Growing suburbs are gaining. sort of. They are choking on development, and in many cases local governments can- not keep providing the services that res- idents need or demand. Loudoun Coun- ty. a boom suburb in northern Virginia. epitomizes this kind of place. The county, school board predicts that it will have to build tw~nty-three new schools by 2005 ~- to accommodate new.students.-In Fe): "_ -Nary of this yeirthe boàrd Pl"!'posed that 0 , the next six new schools be basic boxes for learning, with low ceilings. small class· rooms, and few windows. "We cannot ask the voters to keep voting for these enor- , mous bonds:' a county official told The Washington Pc¡st earlier this year, refer- ring to a $47.7 million bond issue in 1998 fot tl]e construction of three new schools. - ·'Nor can we continue to mise taxes -every single year to pay for school construc- tion." Predictably, parents complained about the cutbacks in amenities-after all, they had moved there for the schools. "I just think they haye to maintain their stan- ·dards," a dísgruntlèd parent told The.., IIbshington Post. But these suburbs cannot maintain their standards. There are simply too many new people who need too much new, expensive infrastructure yesterday- not just schools but also sewer and water lines, libraries, fire stations, and roads. Whether they moved to these places for rural tranquillity. lovely views, and open space, or for good schools, or for the chance to buy a nice house, or just because they wanted to get away from Ur- ban hassles, residents of growing suburbs sense that frantic, unchecked growth is undermining what they value and want to keep. The old paradigm of cities and suburbs as opposites, or partisans in a pitched battle, doesn't explain the rela· tionship between these gaining suburbs and their declining older cousins a few exits back on the highway. Suburbs are not the enemies of cities, and cities are not the enemies of suburbs. That is the first principle of metropolitan· ism, Cities and suburbs have a common enemy-namely, sprawl. The cycle de· scribed above, of draining tile center while flooding the edges, is familiar to alnlOst anyone whó has driven from one edge of a melropolitan area to another. 11 is endless- ly repeatable, alleast potentially: the cen- ter just gels bigger, and the edges move out. Metropolitanism is a way of thinking that migllt break this cycle. Alas, the city·suburb dichotomy is alive and well in law and in policy. The result is a tangle of regulations and pro- grams that are excellent at throwing growth out to the edges of metropolitan areas and ineffectual at bringing it back to or sustaining it in the metropolitan core. One reason the problem of growth has not been solved is that the city·versus·suburb analysis doesn't properly describe it. The , metropolitan reality requires~dirrerent kinds of polides--ilnes that tsJœ connec- tions and the varying impact of growth into account. TUE metropolitanist poliC,y agenda has four basic elements: chauging the rules of the development game. pool- ing resources, giving people access to all " parts of a metrupolitan area. and reform· ing governance. Thi:se are interlocking aspects of how to create good places to, live; they are closely related and can be hard to distinguish. To unde...tand the cascade of consequences that policies can have, consider the policy chain reaction thal"would begin if the rules' of the de·: velopment game were changed to lit Ibe metropolitanist paradigm. Those rules are mainly the policies that guide trans· portation investments, land use, and gm..- ernance decisions, all of which are them- selves entangled. Start at one end of the knot: transportation. -Major highwaj's, built by federal and state dollars. act as magnets for new development. This has been clear ever since the 1950s, when the interstate-highway system made the sub- urbs widely accessible and hugel)' po¡>- ular. A metropolitanist viewpoint recog- nizes that these highways will probably pull lots of investment and resources away from the metropolitan core. New devel· opment, spawned by highways, ,.;11 ne· cessitate expensive state-funded infra- structure, such as sewer systems, water pipes, and new side roads. Meanwhile. existing roads, pipes, and sewers. which already cost taxpayers plenty of mo",')', are eilher not used to the fuUest or 53aJ'\-ed of funds for repair. A metropolilanist transportaÜon poLi.;:y might eschew a new beltway and msltad direct federal transportation dollar~ (0 public transit, which draws develop"",nt toward rail stations rather than smearing it along a highway, or to repairing eXÍ>l- ing roads rather than building new oœs. That is what Governor Parris Glendening. of Maryland. and Governor Christine Todd Whitman, of New Jersey, h",'e JXO- posed for their states. and what eJeaed officials are working on or have 1ICC<J01- plished in the metrupolitan areas of Bos· ton, Chattanooga, and Portland. Ore¡oo. New businesses and housing d...·elop- ments will be steered toward when: poo- pie already live and public investments have already been made. ! AI this poinlland ~se.comes into play. ' "Land-use planning" 'may sound a lil- lie soporific,'·butil is simply a brakC on chaos. ·It allows communities 10 prepare _ for growth in a way thaI avoids gridlock and preserves public resources. II con- nects the basic places of life: where pe0- ple work, where Ihey live, where Ihey play, drop off their dry cleaning, check out a library book, buy a box of cereal. A melropolitanisl land-u·se schéme would preserve open spaces and create parks and olher public areas, thereby laking big parcels of suburban land off the de- velopment markel. Where, Ihen, would all the new development go? An enor- mous amount of vacant land·already . exists inside the boundaries of metropol- itan areas, which generally have devel- oped in leapfrog fashion, wilh big gaps between one subdivision or strip mall and the next. Parks and open spaces will not fill all those gaps. which could support development-as could Ihe abandoned urban properties known as brownfields. Land~use decisions can affect how as well as where Ihings are built. Zoning policies can call for transit-orienled de- velopment-duster.¡ of shops, apartmenl buildings, and offices around bus or rail stops. so that people will drive a little less. They can require or at leasl encoumge var- ied housing near office buildings and su- permalls. so thaI everyone who works Ihere. from the receptionist to the escala- lor repairer to the middle manager to the chief financial officer. can Jive near his or her workplace. Pooling resources is the second. ele- m~nt of a mctropolitanist agenda. In most metropolitan areas a new office complex or amusement park or shoppi~g mall tends to confer benefits on a single jurisdic- tion by adding to its property-lax coffers. Meanwhile, neighboring communities are stuck with some of the burdens of development, such as additional traffic and pollution and the loss of open space. Pooling resources-specilically, a por- lion of the extra tax revenue from devel- opmenl-means Ihal development's ben· efits, like its burdens, are spread around. The Twin Cilies area has a tax·base-shar- ing scheme whereby 40 percenl of the in- crease in commercial and industrial prop- erty-tax revenues since 1971 is pooled and then dislribuled so thaI communities without substanlial business devel- opmenl are nol overwhelmed by needs and starved of resources. In other parts of Ihe counlry regional jurisdictions have,. agreed to lax Ihemselves 10 support cui' tural and sports facilities; Ihis makes sense, because the entire region benefits from those facilities. The third element of a metropolitanist agenda is giving everyone in the metro- politan area access 10 all its opportunities. Access is easy for people with deèent in- comes B.nd decent cars. They can liye where they 'wIsh, aod they can get from their houses to their jobs without endur- ing extraordinary hassles. Poor people do not have Ihis kind of mobility. There are three ways to solve the ac- cess problem: make it easier for urban worker.¡ to get to suburban jobs; provide affordable housing (through new con- slruction or voucher.¡) throughout a met- ropolitan region; or genemte jobs in the metropolitan core or at leasl near public- transportation roules. State and federal governments are now implementing pro- gmms that help people to overcome core- to-edge transportation problems, and through housing voucher.¡ are giving low- income people more choices in the met- ropolitan housing market. Across the country churches and nonprofit organi· zations are running jitney services and private bus lines to get people to work. A group of Chicago business leaders has called on major employer.¡ to weigh af· fordable·housing options and access to public transit in their business location and expansion decisions. Businesses and nonprofit groups are also trying to bring jobs and people closer together. Housing vouchers administered by nonprofit or- ganizations with a metropolitan scope aHow low-income families to move into job-rich municipalities. The non profits counsel families about their options and develop relationships with landlords. I n the Atlanta region BellSouth will soon consolidate seventy-five dispersed of- fices, where 13.000 people have worked, into Ihree center.¡ within the Atlanla belt- way. all of which are easily accessible by mass transit. After sludying where em- ployees lived, the company picked loca- tions thaI would be of roughly equal con- venience for commulers from the fast- growing northern suburbs and from the less-affluent southern suburbs. The final element of Ihe metropolilan- ist agenda ha.'i to do with governance. Whereas markeL' and-more important- , lives opemte ii, a metropolitan context, our governmental structures clearly do ..-."~._--,-_.. . not. They hew 10 þoundaries more su¡ìed to an eighteenth-century township Ihan to a twenty,·firsl-century metropolis. Chi- cago's metropolitan area, for example, encompasses 113 townships and 270 mu· nicipalilies. This fragmentation works against sustainable metropolitan areas and facilitates segregation by race, class. and ethnicily. Welfare-to-work programs are hindered ",hen public transporta- ,. tion siops at the city-suburban border, for example. Issues that cross jurisdictional borders-transportation, air quality, af- fordable housing-need cross·jurisdie. lional solutions and enlities that bring 10- gether representatives from all the places. "small and large, witbin a metropolilan area to design ímd implement these solu- tions. Some such entities already exisc In every urban region in me country a met- ropolitan planning organization c9l¡ìdi- nales the local distribution of a ch¡jîlÎ'of fedeml transportation funds. OregO~Íl.nd Minnesota have established metropåb governments for their largest urban areas. Portland and Ihe Twin Cities. BUI infor- mal metropolitan governance, in which Free association is hard to come by in decen- tralized environments. Sprawl can create a cultztral agoraphobia, "" depleting pubUc life, '~; ':::~ in..-- a"!rì,S4!!t ~1t~~","',,1 .. " ~ J¡¡;\I\'U ". ''"<.¡ ,,'t ':1 ~",\ . ~\\'!t ,,,;'-'}lJt1 ri'.,j S:· : ;.;'~~ . ,1....1-1rj; , ;,'11,1,1, .r,,¡I/¡II'·¡'~; <~ . ,::'lj.l~ 1 ~~H::·:j " .' , i:;':I¡I¡~ [,iUB; "I" .. 1 :,11: r; :,,', J, _," " ~ i ~¡' ~ ,.; .,' ',_ . ~A'~ ~~: rti ~,~"" .' P .'" "':~"~--'~~:....: }_c;~.!~:_-. <:~;'..' . 'j."..L·Jí. ,'" . ,0"."... local governments coordiñate their poli· c~es and acti~s, is pos_sible and effica· cious. Also, it's necessary. M ETROPOLITANtSM is a genuine· Iy different vicw of the American landscape. and politicians from both par- ties are beginning to think that a major· ity of voters might find something to like in it. Like Governor Glendening and Governor Whitman, Governor Thomas Ridge, of Pennsylvania, has laid out land- use objectives for his state that include linking new development to existing in· frastructure and encouraging metropoli- tan cooperation. Governor Roy Barnes, . of Georgia, has proposed a strong met- ropolitanist transportation authority for Atlanta. and in March the state legis- lature approved it. Governors and state legislators are central to the metropoli· tanist agenda, because states control an important array of tax, land·use, gover- nance, transportation, work~force. and welfare issues. Vice President AI Gore clearly recog· nizes the political potential of this issue and is trying to establish it as one of his signature issues. "We're starting to see that the lives of suburbs and cities are not at odds with one another but closely in· tertwined,n he said in a speech last year. "No one in a suburb wants to live on the margins of a dying city. No one in the city wants to be trapped by surrounding rings of parking lots instead of thriv· i ng. livable suburban communities. And no one wants to do away with the open spaces and farmland that give food. beau· , ty, and balance to our post-industrial, speeded·up lives." For more than a year Gore has been talking about An1l'rica's growing "according to its values," and has even implied that development is not always welcome. - Of course, the idea of cities and sub- urbs coming togetber to solve common problems has been around for decades. No one ever before thought of using it to propel a presidential 'campaign, because the idea of metropolitanism had yet to prove its appeal, ill referenda or in elec- tions or in state legislatures. This is no longer the case. These ideas are only just beginning to penetrate a recalcitrant real...state-devel- opmenl industry, however. Christo- , pher Leinberger is . managing director of one of the nation's largest real...state advisoty and valuation finns and a partner .. , " -~ in a new urbanist consulting company. He has thought a lot about how the induslly , woiles; and he has concluded that sprawl is extremely attractive to the induslly, he- cause the kind of development it involves is simple and standardized-so standard- ized that it is sometimes hard to tell from the highway whether one is in Minneapo- lis or Dallas or Charlone. These cookie- cuner projects are easy to finance, easy to boild, and easy to manage. Builders lilre the predictability of sprawl. They know how much a big parking lot is worth, but they aren't sure how to value amenities in older communities, such as density, walkability, and an interesting streetscape. More or less the same can be said of hig retail chains. For example, they often overlook the fact that although people in core neighborhoods may have low incomes, they are densely concentrated. which works out to a significant amount of purchasing power. Developers and re- tailers will have to he willing to think dif· ferently if development is to come back to the core. There are encouraging signs. Magic Johnson Theaters, Rite Aid pharo macies: and Pathmark supermarkets are all recognizing that the people left in core communities need places to earn money and to spend it; each of these companies has opened outlets in central cities in re~ cent years. The National Association of Homebuilders has joined with Gore, the U.S. Conference of Mayors, and the u.s. Department of Housing and Urban Devel· opment to encourage the development of a million new owner-occupied homes. Of course, for the politicians' plans to work and the developers' projects to take off. urban core communities will have to win people over. Unless these places have good schools, safe streets, and efficient government.s, people will not move from the edge back toward the center. Some mayors have realized this and are lIying The image of a belea- guered urban c·ore a/ñicl suburban prosperity is giving way to some- thing more complex. to make their cities hener places to live. Richard Daley, of Chicago, and Stephen Goldsmith, of Indianapolis, are find· ing innovative ways to address issues that have bedeviled cities for decades: schools. crime, public services, and taxes. It is hard and often unpleasant work; it means privatizing some services, eliminating others, and ending wasteful patronage. But cities must be ready to take advan· tage of the opportunities that metropoli· tanist policies offer them. ACADEMtCS, architects, and ho· hemians may decry the soullessness of sprawl, but people seem to like it. Why put up such a fight to save dying places, whether they are called cities or older sub· urbs or metropolitan cores? After all, as people who see no harm in sprawl like to point out. Americans are living on a scant five percent of the land in this country. Why not just keep sprawling? There are several reasons to defend not cities against suburbs but centeredness against decentralization, mètropolitanism against sprawl. One reason to encourage development in metropolitan cores is a fa· miliar one: the people who live there are among the poorest in their regions-in· deed. in the counlly-and they need these opportunities and this investment. It is not fashionable to talk about having a moral ohligation to poor people, but that doesn't mean that the obligation has disap· peared. John Norquist, the mayor of Mil- waukee. is fond of saying "You can't build a city on pity"; but disinvestment and the resulting lack of good schools, good jobs. and good transportation options is also im· pmclica!. The U. S. economy needs work- ers, and there are people in the metropoli· tan cores who are nol getting inlo the work force. The need for workers will only in- crease as the avemge age of the population rises. By 2021 almost 20 percent of the American peoplc will be over sixty·five. as compared with about 12.7 percenl today. Whatever Social Security and Medicare reforms are enacted, these elderly people will need an abundance of payroll·lax- paying workers to support them. The aging of the U. S. population will soon make it clear that spmwl is of no benefit to people who cannot drive. For a seventy-fiv,,"year·old without a car, sprawl can be uncomfortably close to house ar- rest. But metropolitan core communities where public tnmsportation is available and distances are shorter between homes, . pharmacies, doctors' offices. and librnries are navigable for older people in' a way that settlements on the metropolitan fringe are not. Apartment buildings for the clderly are being built in the suburbs, with a variety of services under one roof. and vans to gel people from here to there. But there should be choices for elderly men and women who do not want to be segregated from neighborhoods where babies and teenagers and middle-aged people also live. Unlimiled suburban development does not satisfy everyone. Metropolitanism will probably provide a greater range of choices. for the elderly and for everyone else. Policies that strengthen the met- ropolitan core lead to safer. more viable " ,( urban neighborhoods.for people who, prize the density and diversity of c!ty , life. These policies can reinvigôrâte older suburbs, with their advantages of side~ wãlks and public transit and a function~ ing Main Street. And, of course, they al· low for bmnd·new, sizable single-family houses with yards. It is also possible to argue.against spmwl because of a. commitment to com- munity~ Tliroughout this essay we have used the word "community" interchange- ably with "township," "suburb," "munici~ pality:' '~urisdiction:' "city:' and "place." But "community" also designates a feel- ing, an ideal-as i!, ~'a sense of commu· nity," which many people wony that they have lost and would like to re-create. And they are trying to re·create it. Newspaper dispatches from the suburbs of Detroit and Washington. D. C., report that developers are trying to build what people left behind in older places: town centers, with wide sidewalks and big storefronts. where a person can pernaps run inlo a friend or an interesting stranger and have a place to hang out in public. In a 1998 essay titled "The City as a Site for Free Association:' the political philosopher Alan Ryan writes, "If people are to be self-governing, they must associ ale with each other in natural and unforced ways from which their polit- ical association can spring:' By upolitical a.'isociation" Ryan means involvement in public life and poblic decision-making. The underlying assumption of a democra- cy is that this involvement is a wonderful thing. Yet it is unclear whether the new town centers can generate the unforced interactions that make municipalities feel like communities. For all the good inten· lions of the developers who build them and the government officials who support them. they are nol natuml centers. They are places where people are invited to go and be social or civic·minded. but, as Ryan says. "Telling people 10 go to such and such a café in order to promote politi· cal cohesion and political activity is like telling people to be happy; there are many things they can do that will make them happy. but aiming directly at being happy is not one of them:' These town centers are actually some of the few places where suburban peo- ple might mingle with crowds and see people who are not like themselves. They are. along with shopping malls. the ~ .. - ! .. public spaces of spmw!. Free assOciation,· ., in the sense of unexpected. unplanned en- counters that draw us out of ourselves._ is hard to come by in decentralized envi- ronments. Driving alone or with family members or close friends from one des- lination to another leaves little oppor- tunity for spontaneity. Spmwl can create a kind of cultural agoraphobia that de- pletes public life. . , Certainly, the outer edges of metro- politan areas are not the only places that are finding public life difficult to suslain. The most depleted neigbbornoods of mel· ropolitan cores, with their forlorn "com· munity centers,'~ dingy stree~, and empty 'sidewalkS, are not fertile ground for free association eilher. And yet the architecture and layout of these places are at least sup. posed to facilitate intemction. M~ver, Ryan writes. there are still "gallen" and concert halls, city parks. rnonumeó!S; and other such places" in oor urban c~ for communities to come together, group by group and interest by interest: . . . To the degree that this is irreplaceable by seeing and hearing il all on lelevi· sian or on the stereo system, it encour· age./ipeople to understand themselves as members of one society, engaged in a multitude of competing but also co- operative project/i. A society that docs not understand this about (he ba.c;is of its cultura) resources is a society in danger of losing them, At pre~nt, we seem to be such a society, ..,¡ :;, 'f .·,i. N -,~ Suburbs are not new. They have been in existence in the United States since the nineteenlh cenlOry. Bul hypersubOrban- ¡zation. decentralization, and spniwl are new-less than two generations old. Americans are now discovering hòw hard it is to live without a center, In a typical at- tempt to move simultaneously in opposite directions, they are moving out but also trying to come back. This is not merely nostalgia for some dimly remembered em of civility and good cheer. People are hon· estly trying to balance the frantic privacy of the suburbs with some kind of sponta· neous public life. By now it seems clear that continued spmwl will make this pub- lic life very hard to achieve-at the edges of metropolitan areas, where there are no places to gather, and at the cores of metro- politan areas, where the gathering places are unsafe or ahandoned. Is this really a good tmde for a big back yard? . . artir;h' W;¡.: nrÎ'itn-c!ly pubr- ,lwei ,n th,' Oljl:emhcr 1, 19!J9 i~~,": ul The Atlflfltic ~Jlr)Othly, ,.~') 1999 by Tim ð.tlm,lio: Monthly. t\1I rights reserved. /;. r! 'IIP ".'1-1' iI! \'VW'.., fh,!: ( -;:':1: 1:\1'11 '"m ~..\:¡srfi;1tioll~._ ~'I! nr,iI7·;'1·~J1· ~J :,1;:: / !. :oll'¡'II,· , !IV AI' :~'I,I' M¡:iI,J l"ll\!mt :)'!"II'~I": ;:¡ r J9Y" I~OO, 'W~INW rmsre!1nnt;C'1ln :..1'''. :';/, fu:-,õeprih!'..com ; ,.. ~" H ..~ L",.' '." .., , ""., ,II'. , ;: 1 ".'" ,,~,., ;:'.;'." ..,. ."".. ___"IIIII~"__________ . I i 1 ;fì.'u~·'1ÞIN~~'e".~J·òífê~tøl;' il <I, rnô" .:~I~;\. ~tt'rQBifi¡q; ~,",f~,~~~,'~? ' f .1 :,I..~~~;J~ In ·~~ti<friS· r~ctrd~·.~:;;\ . õ ;1 . <.!·.,~'Rt"~,.,,. ,}..~,;,..'J'!'" " ..""~" "'. ~....." ·1· " '.r.~~lÌt~"~k/I~¡~~' ! pubJj.çVoll!ÇZ'k,!8!d 1\I~~iJay.: , t Ji;~~' . t<J tIns '::¡¡i'l'/~"!or~~' : ".~ ~It èa~~IC!~.ly optliltll.tlc . ., ~! "f ':\. f føof'~IIí"r'" flie it that""'tlië Judge WOïi!d rule ,In our '., ,d... unty Roád 1,(PI-·. favor .baled on th!?se Is~ues of I . ' òneeÌ' Trail) road safety ·and transpomtlon. ¡ I project ~II" cau, se, !rrcpa!'llb, ., Ie, " M,' ontg,omety nOlèd, In her rul· I liann td ~ relldel1ts, U,S. . )ng. that the road pl.an,prlglnIÜy 'Dlstrlct ]ùdge Ann Montgòm· ,scheduled tobegln1ast spring, I ety on Monday denied the.re· had beel1 modllled .sl,\ce ,It I IIrst I quest by Plonee,~ Trail. Netgh. ,Iar.out and Þ~J.en~II~',,! a P.!I&>- 1 bors (J'TN)'"and Stephen Andert' IIc forum. .~ ,a resú,t 0 tlìe meet· ;, I for a 'prellmlnarY Injunction:; lng," she. said, "th,e p~lImlnaðry ágaJn$t the project. ... layou\ was mOdlllF4 II! Inclu e: I In Its 'case,' argued by attar- '. I) shIfting Ihe allgn~ent qf ,the ¡. I ney David Wlebaug on Ian; B, ~. roadway. to reduce lnI~act tÖ ~s. . \. .' P1N çlaitt¡c!d there was a lad( òI ;' Idelitl,,:1 propettles;. 2)' /It;I~lng ~'. . " I sufficient Puþl1c Input, ßawç~ " lalnlng walls, ,:I) rev,lsl~..,.;t!r!Y~."- t. I &"'~~ Wa' ani.4)~I·atll'lllè!'""~'1 t 'I ~~~:r-W' TI· :.. .. t~:I·ï,.f'r:sYs~. ~?,! ':'¡~~~¥~:~(§;'¡¡¡J~":"¡~'\; " . ,"''':.!_" , ,.. ·0' "'eii·loÎiL"'bl-j ,~ '. rhe . ~t., ,\ f ..l,;fUIb.!'I..'. .,.. ,.11. "'.';" ÍüJµnctlò' ,:t. e .' . ',¡ ¡ti:' ~, ;..I'~ ... ",", . "rrll~I' "". t I ttf.:·: .' ,'.... ~~i<¡;ffl!f "" ~ ·IJ - n'''' i :' ~f~~I··'"l~. 'fro ,.:, . J ~~.n:' tf¡~~'\ >.. L;"::' ',I'~ " 'j¡,~ ' ' (:.Q '. ii)" He'l IS '¡' y::'alld ~ , ..i'~ .J}YI~ !tlli ta~. d.·,··yt '¡Hj ';M1 . . I <I;~nvl:'" , . .", .t:aø~. ìO íhè'ûÌerrt; . eiï i:..roÍ1· e~~rm ~~nt'å e~e~t. .In: . I¡ . ·ltaJr!e ire üeèc~.:to meqt the,.' ~tea ; .idl' nv ~oq,me , tal, ~~.'~'S- . .. ':,. ~:;rþll!¡~.~.á'eo/.t'~ ~~~.J¡.~e, t.w.~¥ :4øn~h~~~.!J1~~I':'m:. f' ':,~~ ~e::~WJ~'~itdæ~r:lJ'~f~~~~{, t~~~e~~~l~~R . i.::' \ .!i-> :Wóty 'It,. ~ cu ~ posed road ProJtct.'. ;~~~ ,,;>,,,,,, . ,. ~ 1.:, Idlá)'tþiÎlf ~él'l!l.þ"...eci( '~:,:: hl.h'er>·rµllig, :if ,ßt'o,,!, ' ¡,T" l\(m:.avei:a&liJ.,~célde"t.!'R~'~ ,." stat"d J.!l~tr"$9!!¡!h "'äûr.¡;8¥ .~ I AècPrdll\'·t14çou"., i»JI1t;I~".k·.oh P!Ji'I"I.~;r.l!.'!~ '"... . .~t.,." L th.~,,~ti'¡'en~~fcl nt,Ì'å ¡, '1!,j'. ç~!;1.~. '.. I~~ '" . .,elJ·:: ~ I'·::·~ " iI'..<.\ eiåfety' .~·~i'dutr~n.,¡;i.;tft~ioll:'!" . , ...11 . . 1.I1t·"!"'i\~d.·tif ilio DUe." "'I,!1I " ~¡~;! ';, \ . 'e' Ii ¡ ;",~,.;;:t,);,· "'( ..,.. .' :.... f"· ··'I!êt'!':1pÞi':;;(t.· J.' ','.' . 11', ·¡'t.';,PløI9Øtf,~rpr!~8n:~~:~;·:·'!;:/t·,:: ·I!',~"f,·' < ? , l,~'ii- ~; ,.ÀîidcA~:G'þklrrPà'l:i ot,!We' flq: ~. If. . . i·.te 'i.lilålì . 'nèer",'t'rall Nelghbolj ~9t:!! èò",. hw¡, .' ' 'ifþ.i'&ö. 1)..: m!!tec;.1iåtled lIie folloi'!ns.s'tate- . I !làij~ "U~ì!' atid, to menf at :I p.m. Monday!.ile "oa'1 I cd ".., .. atè .çó· . .. ;!;·¡f·~t ,.recelved'.the Øecllloh ~.",m; :1".<1.. "I";'V"~" . Ii.'"'f,,"\;'+ !"...;¡.J.!:.' District' Court" and ]\ldllè!..\n.fI¡j Çl!~8, , ,I~ ~u.Ung.··.,,;~ \+'.Montliott>è;ry.After she couft~~< . I '.' :''''Øt\!.' '!,~la¢Zyk" Henn~pln ouslyheard our argum~nts (on t ' Cô.1lriiy ~l!sl$!>:~n8lñecr for the Jan. 1:1), ,she determined that P1N ; - f ¡ifòneer./rfllll',-proJect, ,waS'dldnot mee! the burden ofproo£. ~ ' . pleaš~d,;,¡\th ).fontgómery's. that there wou!d be Irreparable' I ' kfuflrtIiŒJi."! ·.·;;,·.~...r..: . '. ".:,. 'harm tothe area, ~onseq~.~1IIy . I ':"~l't(;¡h!#1è; couriiy·speripeci:. dèrtrlng OUf r"quest for a tem~o- ' [. '. I, tlve,Jh,è;,juc:lll.e l1}ade aSÖod,rary.lnjunctto, n. We are dfsap: " ··..ntlln8.::we:,~l1¡t' a1ongthu'lt "poInted and, are reviewing o",r I,,' -.::1 .~ I\'¡ood>þióect and that It "optIons ana will hav~ ¡, statement· I certainly met "th'e safety 'ànd'-'" " , 1 transportation necds of fht· R1JUNG to naQ'c 14 , , " ~ " ¡ I ¡~ Ruling :iti . ..' c'o~i¡hue~. tr~n;;~~~¡%· '~,~y~~~~~?;~,.d:'¿~~~,:~~ . . had lèft ·theC9urtroo\ ]lIIiJJ be· ,. lIevltl¡j ~1'i,ba~!~ucc~e'dedJ.ln Its casei;,p~IU: 'tI;IUn' was 80 startling '.; and so ',utp¡ II,";. However, he :.)~~ëcl:!Þ~, ~,~ JI~.I\'I,r~gret, his "!'Pl\rsUlt~, f·!./! oí\;f.;;r, ¡ .', ,\,:i,LI110, ',\l1J c\þvlth Ande~'s ; ·.e~tlÌtI,. ,t.,: jít¡;",lfrc,m"C;w'.of Montgöt\1.e it, ~p.)1I1~n II need. d, bef(~~) t,ülng futurci',Op" '. Iqnl,'!',,\éj, jor"eY',ald.bQex., . :. .ecls, me,' " .,p¡.~I1I, ''lam: 1I,.II~cI, ,., !Qn'bo, ~ etot "9t;to appeal. . (Ii then~!.3)days., ,,;,' '"." .. .:)~t,· ,',~~,!:~r,:~,:';,!I, ~r:,f~:~,wa,S,~æ::~,tî ~:,,~, ,.' .~a tie )JVMQr.yP~~r.e·d~allng,:\Vltb ":bl{ .lIcr.áÇÿ,~;\iëadd"d. ,·,f;'! .,. ''J... , .. h~t.ve,.,happel1l· from' this '0< POlnt'9!, ",,.J¡l1le~,a\JIì'sJilil,,JJ'I!baVe HIbe'eI1lJl'O"d 1øil,epres~ntl Ih~ , l':negh~... Il1ltbJ"eue!~'~/!fIi ::: ,.,:, ';·,¡Wbát'.; lÌe1It"fori,thl8'Contested . . ifÌltoJtit\1:'Obvlously,'thè ball.ll In .PTN,'s,è9ul't;"",·,1t ß1,Ust dec.Jde, ,"whetbet,lO appeal, to the 8th Clr. ! êult Collrt 9fAppeals. But' polac· :~C s~ld;Jhe'çøµnty plans 10 mQve to'iYR1'd:." II!'tlclpatedsprlng çon· , ..structli)!\, ,t~t,,.: 0,:. ",. . ' :t'. . ,;!,U~JJ I~I.U 'pa,,~èd, the,de. '..', 1~:(",!II!I)~ëre, Itlpl,.at,ed thll wee";, . tb~' Wld~t¡countý roar! c:ould·be ¡^ :te¡idý·J~~,Veh.lèlei~ e~rly asi~~. , endof"OPI.",:, .'. .',.;...' i .;,,:':/_'.~:<' .';" _,;.,,~ '. ...,::.;.. Mon Tues Weds Weds Fri Fri Fri Fri Fri Fri Sat Sat Jan 17 11:23 PM Jan 18 6:29 AM Jan 19 1:59 AM Jan 19 6:01 PM Jan 21 12:32 AM Jan 21 8:24 AM Jan 21 8:53 AM Jan21 9:14AM Jan 21 12:55 PM Jan 21 8:51 PM Jan 22 10:05 AM Jan 22 4:26 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JANUARY 17, - JANUARY 23, 2000 Highway 5 & Lone Cedar Lane West 78th Street Lotus Lake Highway 41 & 8200 Street Chan View Highway 5 & Galpin Boulevard Highway 212 & Highway 101 Highway 5 & Highway 41 West 78th Street Bighorn Drive and Frontier Trail Maple Shores Drive Erie Avenue Power pole on tire Fire alann - false alann, no tire Propane tank on tire Structure tire Medica1- possible flu Car accident - cancelled enroute, no injuries Car accident with injuries Possible slumper - unfounded, cancelled enrOl Fire alann - false alann, no tire Car accident - no injuries, cancelled enroute Medical alann - false alann, cancelled enroute Medical- chest pains Mon Tues Weds Weds Thurs Thurs Fri Sat Sun Sun Sun Jan 24 10:56 AM Jan 25 8:30 PM Jan 26 3:33 AM Jan 26 9:06 PM Jan27 5:14AM Jan 27 8:09 Pm Jan 28 12:41 AM Jan 29 3:54 PM Jan 30 2:52 PM Jan 30 2:57 PM Jan 30 I ]:57 PM CHANHASSEN FIRE DEPARTMENT FIREIRESCUE WEEK OF JANUARY 24, - JANUARY 30, 2000 Mission Hills Way West Sunnyvale Drive Audubon Road Park Road Chan View Coulter Boulevard Hazeltine Boulevard Chippewa Circle Audubon Road Hazeltine Boulevard Chippewa Trail Medical- allergic reaction Carbon Monoxide alarm Medical- possible seizures Waterflowalarm Carbon Monoxide alarm Medical- possible broken ankle Fire alarm - false alarm, no fire Propane tank leaking Medical- possible chest pains Fire alarm - false alarm, no fire Medical- person unconscious Tues Weds Fri Sun Feb I Feb2 Feb4 Feb6 9:16PM 5:04 AM 7:09 PM 5:02 PM CHANHASSEN FIRE DEPARTMENT FlRE/RESCUE WEEK OF JANUARY 31 - FEBRUARY 6, 2000 Suffolk Drive Bridle Creek Trail Highway 5 & Dakota Joshua Circle Medical- possible heart attack Medical- possible heart attack Possible fire - unfounded Car fire