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Correspondence
· Correspondence Letter from the Met Council dated November 16, 2000. Letter from Moss & Barnett dated November 15, 2000. Letter from Carver County dated November 9, 2000. Chanhassen Fire Department call sheet dated Nov. 6 -10, 2000. AMM Fax News dated Nov. 13 - 17, 2000. Letter from MnDot dated November 1,2000. Chanhassen Fire Department call sheet dated Oct. 30 - Nov. 5,2000. Rules of Procedure for Chanhassen City Council. Letter from Met Council dated November 13,2000. Met Council invite to a Public Meeting received November 20, 2000. Chanhassen Fire Department call sheet dated Nov. 13 - 19,2000. Letter from Rachel & David Igel dated November 20, 2000. Opinion articles from Lakeshore Weekly News dated November 16, 2000. Letter from Campbell Knutson dated November 20, 2000. Letter from Thies & Talle Enterprises, Inc., dated November 15, 2000. Letter from Met Council dated November 15,2000. Memo from Carver County dated November 16, 2000. ~ Metropolitan Council Improve regional competitiveness In 0 global economy -. November 16,2000 Robert Generous, AlCP Senior Planner City of Cbanbassen 690 City Center Drive P. O. Box 147 Cbanhassen, MN 55317 Re: Comprehensive Plan Amendment- Map Change for Land Use Designation Metropolitan Council District 4 Referral File No. 18398-1 Dear Mr. Generous: The Metropolitan Council staff received the above referenced comprehensive plan amendment November 6, 2000. The amendment proposes a change fotChanhassen's comprehensive plan land use map, designating 8.36 acres of Residential Medium Density to Commercial. The parcel is located. in the southwest quadrant ofT.H.7 and T.H. 41. Staff finds that it is in conformance with metropolitan system plans, consistent with the Metropolitan Development Guide, and compatible with plans of other units of government. Therefore, the Council will waive further review and you may place the amendment into effect. The amendment, explanatory materials supplied and the information and submission form will be appended to the city's plan in the Council files. A copy of your plan amendment was sent to the Minnesota Department of Transportation (MnDOT). You may receive separate advisory comments related to this plan amendment directly trom MnDOT. This concludes the Council's review. If you have any questions please contact Linda O'Connor, principal reviewer, at 602- 1098. ~-- Richard E. Thompson, Supervisor Comprehensive Planning Cc: Julius Smith, Metropolitan Council District 4 Tom Caswell, Sector Representative Linda Milashius, Referrals Coordinator Linda O'Connor, Principal Reviewer ...'.;;,¡;' ,.---.-' '- !"' .;.¿.. '>. ".::·'t 1 .~ í~nr< i~~" ....lh.;¡J . (., '.:': -~;: ' . . www.metrocouncll.org Metro Info IJne 602-1888 230EastFtfthStreet ., St.Paul.Mirmesota55101-162~ . (651)602-1000 . Fax602-1550 . TIY291-o904 An Equal OpportW1fty Employer Noy-15-00 04:27pm From-MOSS' BARNETT +4900 T-761 P 02/05 H99 (C' : MOSS & BARNETT '/ :(, ~ëi~\" \\,'1'· ¡ ~lr",,1 \. \.'Il~r BRI"" T. GRoGAN 6123470340 GroganB@mos~-bam~tt.çom "'t'" J '"i,' :"'CI'.1. :'>O\.:nL'. ""Ii,,', \'lLn,ì. "lh'L,~ \1" ~,'}.,.,I..!--r:~"; l;to·I!!;"". t>J2 -,.,-:- ,;:h\' t ... ~IIILL!.' C\; 2 ì 1-1 C'"r-, """ 'lh,,,-n_.,01' l. ",;- November 15,2000 VIA FACSIMILE AND D.S MAIL Ene E. Breisach, Esq Fleishman & Walsb 5360 Holiday Terrace Kalamazoo, MI 49009 Re: City of Chanha:;sc:n, MN Ou.r File No.; 27981.7 Dear Eric: I am writing in response to your letter of November 13,2000 on behalf of Media corn Minnesota, LLC ("Medlacom") directed to the attention ofMr, Scott Botcber of the City ofChanhassen, Mjrmesota. Your letter arrived in my office via facsimile at 5:58 p.m. on November 13,2000, UnfortUnately, I was already in attendance at the City Council Work Session in the City of Chanhassen which began at 5:30 p.m. I was, however, able to obtain a copy of your letter fonn Mr. Botcher and a copy was distributed to me entire City Council for their review and consIderation. After considering your comments, the Cj¡y Council granted a cable television franchise ('"Franchise") to Everest Minnesota, LLC ("Everest"). Within your letter you first argue that Everest may not possess the requisite financial qu.alifications for constructing a cable system under Minnesota Slatutes Section 238.081. The City, however, believes that Everest has complied with the above-referenced statute and Iherefore the City detennined that Everest provided plans for financing the proposed system in accordance with all statutory requirements. The City concluded that Everest's application was not "fatal! y deficient" as you suggest but rather in compliance with Minnesota Statutes Section 238.081. Moreover, the City, as part of its motion to award Everest a franchise, conditioned such award upon a parental guaranty from Everest Holdings I, LLC. ThIs condition was recommended within Moss & Barnett's August 7,2000 report to the City. A copy of the Corporate GuarantY has been attached. When preparing a Franchise for Everest, the CitY sought to ensure a level playing fieLd between al1 cable television operators within the City. Therefore, the City elected to u.tîlize me Mediacom franchise as a starting point and to incorporate revisions as appropriate to address Everest's applicãtion, To that end, Everest's Franchise contains only provisions which add additional burdens beyond those imposed upon Mediacom and in no event has Everest been granted any more favorable or less burdensome obligations man those imposed upon Mediacom. FUl1hennore, the City's Regulatory Ordinance and Everest's Franchise specifically require that Noy-15-00 04:28pm From-t.DSS , BARNETT +4900 T-761 P.03/05 F-788 MOSS & BARNETT , .. . ."'. ~ . Eric E. Breisach, Esq. November IS, 2000 Page 2 Everest must comply with all applicable federal and state statutory requirements including those referenced within your lener with respect to the timing for system consttllction. The City will monitor Everest's compliance with all local, state and federal requirements to ensure compliance just as the City monitors Mediacom' s pcrfonnance under these same laws. Within your letter you funhcr argue that the City has in some way modified the PEG access payments clUTenùy reqwred ofMediacom. Please note that the City has require4 the exact same financial suppon ñom Eve¡-est as has been imposed on Mediacom. Both operators will be required to remit eighty-four cents (84¢) per subscriber per month, No advantage is provided to Everest in this section and the analysis of""etfective competition" is not even triggered under the PEG provisions of either the Mediacom or Everest Franchise since both are required to pay the same PEG suppon fee. Finally, while 1 was not aware that you are licensed to pJaCtice law within the state of Minnesota, I trust you are familiar with the Minnesota Rules of Professional Conduct particularly Rule 4.2 regarding conumuúcations with persons represente4 by counsel. In the future, please direct all communications and com:spondence ñom your office to my attention. In the unlikely event that you are not licensed to practice law in the state of Minnesota I would be happy to forward to you a copy of the Rules of Professional CondUCt if you 50 desire. If you should have any questions regarding this letter or if 1 can provide any aQditional infonnation regarding the actions taken by the City of Cb~nha"sen with respect to the award of a cable television franchise to Everest Minnesota, LLC, please feel ftee to contact me. Very trUly yours, ;g~T Brian T. Grogan BTG/tlh Enclosure ce: Mr. Scott Botcher, City ofChanhassen (via facsimile w/enc.) Jane Bremer, Esq., legal counsel for Everest Minnesota, LLC (via facsimile w/enc.) 378JS:!IJ Noy-15-00 04:28pm From-MOSS' BARNETT +4900 T-761 P 04/05 H99 Corporate Guaranty THIS AGREEMENT is made this _ day of , 2000 between Everest Holdings I, LLC ("Guarantor"), the City of Chanhassen, Minnesota ("Franchising Authority"). and Everest Minnesota, LLC ("Company"). WITNESSETH WHEREAS, the Franchising Authority by action of its governing body on November 13, 2000 granted a Cable Television Franchise ("Franchise") to Company; and WHEREAS, Guarantor is the parent of Company; and whereas, Guarantor has a substantial interest in the cable system under the Franchise ("System") and the conduct of the Company in complying with the Franchise and any and all amendments thereof and any agreements related thereto, which Franchise and amendments are hereby specificallY referred to, incorporated herein, and made a part hereof; and WH¡:::REAS, the City conditioned the grant of the Franchise on the provision of a guaranty to ensure the faithful payment and performance of the Company's obligations under the Franchise; and WHEREAS, the Guarantor desires to provide its unconditional guaranty of Company's obligations under the Franchise. NOW, THEREFORE. in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby unconditionally guarantees the due and punctual payment and performance of all of the debts, liabilities and obligations of Company contained in the Franchise ("IndebtednesS"). This Agreement, unless terminated, substituted. or canceled, as provided herein, shall remain in full force and effect for the duration of the term of the Franchise, except as expressly provided otherwise in the Franchise. Upon substitution of another Guarantor reasonably satisfactory to the Franchising Authority or upon transfer of the Franchise to another entity not under common control of Everest, this Agreement shall be terminated, substituted. or canceled upon thirty (30) days prior written notice from Guarantor to the Franchising Authority and the Company. Such termination shall not affect liability incurred or accrued under this Agreement prior to the effective date of such termination or cancellation. The Guarantor will not exercise or enforce any right of contribution. reimbursement, recourse or subrogation available to the Guarantor against the Company or any other person liable for payment of the Indebtedness any collateral 37807611 1 Nov-15-00 04:28pm From-MOSS' BARNETT +4900 T-761 P.05/05 F-799 security therefor, unless and until all of the Indebtedness shall have been fully paid and discharged. The Guarantor will payor reimburse the Franchising Authority for all reasonable costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by the Franchising Authority in connection with the protection, defense or enforcement of this guaranty in any arbitration, litigation or bankrUptcy or insolvency proceedings. The Guarantor waives presentment, demand for payment, notice of dishonor or nonpayment, and protest of any instrument evidencing Indebtedness, The Franchising Authority shall not be required first to resort for payment of the Indebtedness to the Company or other persons or their properties. or first to enforce, realize upon or exhaust any collateral secunty for Indebtedness, before enforcing this guaranty. The Guarantor will not assert, plead or enforce against the Franchising Authority any defense of discharge in bankruptcy of the Company, slaMe of frauds, or unenforceabllity of the Guaranty which may be available to the Company or any other person liable in respect of any Indebtedness. or any setoff available against the Franchising Authority to the Company or any such other person. whether or not on account of a related transaction. Any notices given pursuant to this Agreement shall be addressed to the Guarantor and Company at 5555 Winghaven Boulevard, O'Fallon, MO 63366 and to the Franchising Authority at P. O. Box 147 Chanhassen, Minnesota 55317..{)147. IN WITN!:SS WHEREOF, the Company, Franchising Authority, and Guarantor have executed thIs Corporate Guaranty as of the day, month and year first above written. GUARANTOR: EVEREST HOLDINGS I, LLC By: Its: COMPANY: EVEREST MINNESOTA, LLC By: Its: FRANCHISING AUTHORITY: CITY OF CHANHASSEN. MINNESOTA By: Its: Mayor By: Its: Clerk 378071511 2 lou 1b 2ßßß 15:58:24 Via Fax AMM FAX NEWS November 13-17.2000 (no. 2) -) b1Z 937 5739 Scott Botch"" r c( lOlVC' -~/ Pag" ßß1 Of ßß1 \ , \ .·-'·~··'.·'I···'"".'.·-'·'~'" ",_,' ·'II'ìi.~ II . ." W,o,..., _~~.\~, .,,',(t Aswciation of Metropolitan Municipalities Membership Approves Legislative Policies The AMM membership at the Nov. 9 policy adoption meeting approved the policies as proposed by the policy committees. In addition to several questions regarding individual policies. the membershi p debated a motion to supportan elected Metropolitan Council. After a spirited discussion the motion was not supported. The board will adopt priorities based on recommendations by the commit- tees and members. The priorities should be identified by the beginning of the legislatiye session A future AMM FAX NEWS will include the priorities Metropolitan land Supply Issues Subject of News Media Report KARE 11 has produced two special news reports regarding the impact of the Metropolitan Urban Services Area (MUSA) onthe cost of housing. The reports have aired on the Sunday and Tuesday 10:00 p.rn. news. The reports assert that goyernment actions are driving up the cost of housing. The two news reports have indicated that the Metropolitan Council's estimate of ayailable land for deyelopment is to high and that the real supply of available land within the MUSA is much less. The report includes interviews with deyelopers and Metropolitan Council officials AMM News Fax is faxed 10 all AMM city f1ftJflogers and administrators, legis/alive contacts and Board members. Please share ¡his fax "-'it/tyoúr MOlors, councilmembers and slaff 10 keep them åbreas{ of impor- lIurl metro city i.ssúes. /45 UriÏJ'l'rsiry A~'eftue Wes¡ Sr. Paul, MN 55103-2044 Pllone: (651) 215-4000 Fox: (651) 281-1299 E-mail: amm@pmm145.org The report also indicates that the Builders and the Metropolitan Council are attempting to resolve the issue This Friday. Nov. 17 installmentof the report could examine the role of local government procedures and policies in contributing to housing costs. The exact content of the Friday report is not known but possible topics include the amount of fees charged for development and building, zoning policies and the growing sentimentto "no growth". If you have any reaction to the report please contact Gene at AMM early next week. Governor Discusses Budget Priorities at St. Cloud Meeting On Monday, Nov. 13. the Governor and several commis- sioners met with loca! government officials to discuss budget priorities and the Big Plan. While there were no specific proposals, the Goyernor and the commissioners stated that the proposed biennial budget increase will not exceed the inflation rate. The Goyernor also noted that the details of tax, education and development propos- als should be available within the next six weeks. As part of the meeting local officials were asked to respond to a series of questions regarding policy preferences. The results of the survey that was conducted elec- tronicallywill be ayailable on the State Planning web site within the next week Mayors Housing Task Force to present its report to the Metropolitan Council The Mayors Task Force has com- pleted its report and will present it to the Metropolitan Council on Wednes- day, Nov. 29. The report will bedistrib- uted to cities, non-profits and other interested parties for review and com- mellt. The report could be the basis for a region meeting to discuss strategies to develop and maintain affordable housing. The report includes seyeral findings and recommendations on such topics as ieadership, zoning and planning, funding, regulations, technical assistance and social services. An AMM FAX NEWS scheduled for the last week of Novemberwill provide a sum- mary of the findings and recommenda- tions /'( l.. . r I f-··, I ,-v'· .' "'~ . I. c:\\/ ì, ,,l, ... '.¡' C Office of RisklEmergency Management Carver County Government Center :.- Administration Building 600 East Fourth Street - Chaska, Minnesota 55318-2158 CARVER Phone (952) 361-1528 C()~)( Fax (952)361-1536 ~..... ~.~ "'-. .-..~,..~ ~o;-~. '.._'". -;' November 9, 2000 13 2000 , , ..:....,-.;j Dear Carver County Emergency Service Provider, Another year of Multiple Casualty Incident (MCI) training is complete. We would like to say THANKS to everyone who participated in the disaster training. Many people help throughout the year to make these exercises a success, The success. . begins with each member of the emergency response agency taking the time out of their busy schedule and continues through tile ¡(¡l1ow-up of each department in strengthening our cmergency response system. Onl!oinl! traininl! is a kev to imnrovement and success! In 2000 we participated in three MCI exercises involving many agencies and unique incidents. The agencies involved in the L'ãining this year were: Carver County Sheriff's office - Communications and Patrol, Chaska Police, Carver Fire, Chanhassen Fire, Chaska Fire & Ambulance, Hamburg Fire, New Germany Fire, Mayer Fire, Victoria Fire, NY A Fire, Shakopee Fire, SaJden Bus Company, Independent School District 112, St. Mark's - St. John's School, Al1ina Medical Transportation, Arlington Ambulance, Ridgeview Ambulance, Ridgeview Medical Center, and Carver County Risk/Emcrgency Management. r..1any individual fire department members also participated in evaluation of the various excrcises, This evaluation leads to ~tronger teams for observation, self-improvement and organizational strengthening. The evaluators are inval!!flbl~ Darts of ollr <{xgçjses - Thank vou! Ridgeview Medical Center also provided many extra hours for instruction, evaluation and mouiage - this also makes the exercises a success and realistic based training scenario, During the course of the training, some of the positive areas mentioned were: the continued implementation ofthe county- wide aecountabilitv svstem. the increased use of identification (I!reen lil!ht and I!reen flal! as wel1 as vests). school resource utilization and communication. and the utilization of the snecific resources to meet snecific needs (i.e. Red cross. buses. school staff. etc.). Some of the items discussed to continue to improve upon were: communications. natient trial!e. casualty col1ection/trial!e areas-the set-un and use of. eauinment areas. stal!inl! areas. incident cOID"landlmanal!ement - traininl! for various al!encies and individuals. and effective utilization of the various resources. As we continue in the development of our emergency management program, we should look at continual improvement in the above mentioned areas. This improvement wil1 take continued training in your own agency as wel1 as in the MCI setting. We encourage al1 departments to continue specific component training as noted above as wel1 as overal1 MCI training. In 2001 we \vil1 be conducting MCI exercises with Carver, Cologne, and NY A. We believe this communication and coordination will continue to benefit our emergency management program in Carver County, FinaJly, We would like to thank evervone who was involved in the Dlanning. set-UD. evaluation. and fol1ow-up of the disaster exercises, It is vour efforts combined with the efforts of each member of e!!ch al!encv that continue to imDrove our emergencv rr>.anagement sYStem in Carver County. Thallk You! If you have any further questions, comments, ideas, or suggestions please contact us. Tim Wals Affi . A . - 'E I 0 . ~afetv Officer '.JJlrmattve CfWflf. qua pportumty Employer p""JJfpn nlf ¡no¡" Pn",_rrHH:/lmpr R"rvrlprf Pnnpr cc: Carver County Board of Commissioners Carver County Administration Carver County Cities MN Dept. of Public Safety - Division of Emergency Management Mon Mon Tues Tues Thurs Thurs Fri Sat Sat Sat Sat Sun Sun Sun Nov 6 6:52 PM Nov 6 7:20 AM Nov 7 4:43 PM Nov 7 9:02 PM Nov9 9:13 AM Nov 9 8:06 PM Nov 1012:43 PM Nov 11 4:01 AM Nov II 9:14AM Nov 11 1:33 PM Nov 11 10:18 PM Nov 12 3:31 PM Nov 125:02 PM Nov 12 11:07 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF NOVEMBER 6 - NOVEMBER 12,2000 Bluebill Trail West 79th Street West Village Road Highway 5 & Powers Blvd Arboretum Boulevard Pleasant View Road Rosewood Drive Prairie Flower Blvd Santa Vera Drive Boulder Road Lake Susan Drive Great Plains Blvd Erie Avenue Highway 5 & Highway 41 Electrical smell Medical- unknown problem Medical- seizures Car accident with injuries Fire alarm - false alarm, no fire Smell of gas in the building Fire alarm - false alarm, no fire Medical - chest pains Medical- person fell Medical- person fell trom ladder Carbon Monoxide alarm Medical- possible stroke Electrical fire Medical- chest pains Iou 14 2BBB 13:18:52 Via Fax AMM FAX NEWS November 13-17. 2000 612 937 5739 Scott Botcher cc: ~".., -) Page BBl Of BBl A~~o(iation of Metropolitan Muni(ipalitie~ Metropolitan Council Sets Budget, Adopts Draft for Public Hearing The Metropolitan Council at its November 8, 2000 meeting adopted a draft budget proposal for fhe public hearing scheduled for December 13, 2000. The budget draft differs from fhe initial proposal released in late August. The differences are as follows: The lafesf draft proposes to expend $4939 million or approximately S1.0 million iess fhan the August budget. Tile Metro transit budget is reduced by $984,697 from tile August budget Budget authority is transferred between divisions and departments to support the regional constitu- ency effort, which is part of the Regional Administrator's budget. The regional constituency effort an initiative to have Metropolitan Council members and staff work closely with their citizens and local governments. Resources are also transferred to support the Human Resources information system. There are no net changes in expendi- tures, revenues or use of fund bal- ances. The transit-operating revenue gap as a result of the changes IS $14.5 million or $1.0 million below the August amount. City of Minneapolis Housing Meeting Outlines Potential Legislative Housing Agenda City Council Member Kathy Thurber chaired a discussion that could lead to a legislative housing agenda In addition to Ms. Thurber and several of her city council colleagues, participants in the discussion included housing adyocates, representatives from the Minneapolis Community Development Agency, the Office of the Mayor, the City of Minnetonka, AMM and the League of Minnesota Cities. The group agreed to examine five major areas - inclusionary housing, barriers to producing housing and access to rental units, financial re- sources, business involvement in AM1~1IVe»'s Fax isfaxed 10 all AMM city man- agers and admi,lislralors, legislalive cOfllacls and Eoard members. Please share thisfax wilh your mayors, councilmembers and slafflo keep Ihem abreast of imp orlan I metro cily issues. 145 UnÙ'ersilyAJ'enue West SI. Paul, MN 55103-2044 Pho." (651) 215-4000 Fax: (651) 281-1299 E-mail: omm@p.mm145.org housing and tax policy Small working groups will examine the topics and report to the full group in early Decem- ber. It is envisioned that any recom- mendation could be incorporated into the Minneapolis legislative program. There was also agreement that there needs to be more federal involvement in resolving the housing crisis and a public education program regarding the need for housing AMM and Metropolitan Counties to review the proposed TAB criteria The AMM and the Metropolitan Counties will meet on December 1 to reyiew the proposed housing performance evaluation criteria (100 points). The criteria as proposed would not only apply to TAB pro- grams but also to other competitlYe funding programs The working group's comments will be the basIs for AMM's statement to tile Metro- politan CouncIl. If you Ilaye any comments regarding tile criteria or need additional information please contact Gene Ranieri (651-215-4001) Metropolitan Council Approves Six Smart Growth Twin Cities Opportunity Sites The Metropolitan Council at its November8 meeting approyed grants for six mixed use redevelopment or development sites The grants will be used primarily for pianning and design assistance. The projects recelying the grants are located In Brooklyn Center, Chask.a...Ramsey, S! Paul, Mapiewood ¡na;:;! Anthony Village AMM Seeks TAB and TAC Nominations in Dakota and Ramsey County Cities MANAGERS/ADMINISTRATORS PLEASE PASS THIS ON AS APPROPRIATE The Transportation Adyisory Board (TAB) has a vacancy for a city elected official to be nominated by the AMM in both Dakota and Ramsey counties. Also, the Technical Advisory Committee (TAG) has a yacancy for a city non-elected official to be nominated by the AMM in both Dakota and Ramsey counties. TAB meets at 130 p.m. on the third (3rd) Wednesday of each month TAC city members must be department heads with engineering, planning or public works background Please send brief resume to the AMM attention Gene For more infor- mation¡ please contact Roger at 651-215-4002. 0> Minnesota Department of Tnlnsportatlon Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 (.vA ~ ' 1(,.,--......2- , j"-' Ie t l ~..~. "'"',,.,...~. -..:"'n-n :"'<;" ~ :;> ~,'", :."" '.' November 1, 2000 ¡ cO] 2000 (,;i I '1 Vi'" viii'," "',iJSEN Dear MnlDOT - Metro Division Transportation Partners: We have recently completed a draft update of our 2()' year transportation pi"" called the Transportation System Plan (TSP). This plan outlines priorities for MoDOT's future metropolitan area transportation improvements, spells out regional policies, and governs how limited funds will be spent through the year 2025. In order to present an overview of the plan, discuss impacts on the region, and to receive your input into this very important plan we've scheduled ten open houses around the Metro area in November. The attached materials will provide you with an understanding of the direction of the Draft TSP Update. The attachments include: · Frequently Asked Questions about the TSP, · MnlDOT Mission Statements and Strategic Directions, · The TSP Executive Summary, · An invitation to the public open houses, · The draft 2005-2025 Transportation Funding Plan, · A draft map with the TSP funding goals for specific corridors, and · A draft 2005-2015 map identifying priorities if additional funding is obtained for the Moving Minnesota initiative. If you have any questions or comments please contact Tod Sherman, TSP project manager, at (651) 582- 1548 or tod.sherman@dot.state.mn.us. Thank you for your participation. Sincerely, £{jfi~ An equal opportunity employer DRAFT - SUBJECT TO CHANGE 11/1/00 QUESTIONS FREQUENTLY ASKED ABOUT THE TSP What is the Transportation System Plan (TSP)? The TSP documents Mn/DOT Metro Division's plan for maintaining and improving the state trunk highway system to serve all modes of transportation within its eight-county metropolitan service area for the years 2005 to 2025. The TSP translates state and regional transportation policies into project strategies and priorities. Why is the TSP being amended? The TSP is intended to reflect major regional and state transportation policies. Significant revisions in both areas have recently been developed that warrant modifications to the TSP. At the regional level, the Metropolitan Council has adopted its Transit 2020 Ma:;ter Plan which restructures transit services and provides for doubling of transit use by 2020. The TSP has been developed in cooperation with the Metropolitan Council and is consistent with revisions the Metropolitan Council is making in its comprehensive Transportation Policy Plan. In January 2000, as an addendum to the Statewide Transportation Plan, Mn/DOT issued Moving Minnesota, which provides very focused direction for the Metro Division and other Mn/DOT districts with regard to transit, bottlenecks, and interregional corridors. By amending the TSP at this time, the Metro Division is orienting long-range planning for the trunk highway system to reflect these objectives and is also updating the plan based on revised funding projections, What are the major changes between the 1997 TSP and this amendment? The 2001 TSP has a much stronger emphasis on developments and programming that are advantageous to transit, on providing relief for bottlenecks on the trunk highway system, and on improving metro roadways so that interregional corridor connections operate efficiently. This TSP includes two very different funding scenarios, Although the first scenario shows a higher, fiscally constrained funding level than the 1997 TSP, it nevertheless falls far short of meeting all identified system needs. The second scenario shows how full funding for the Moving Minnesota program would accelerate implementation of high-priority projects. What will the TSP accomplish? The TSP guides the Metro Division by defining a 20-year work plan and funding program that will preserve and better manage the state trunk highway system in the Metro Division's eight-county metropolitan service area, Funds are insufficient to meet all desired system improvements and expansions, so iVwhen funds become available to address improvement and expansion needs, the TSP sets priorities for use of such resources. This TSP emphasizes efforts to remove bottlenecks within the regional system and to provide efficient interregional corridors (the elements of the system that provide essential connections between Minnesota's regional trade centers). Significant resources are also allocated for transit programs that enhance and complement the regional highway system. Page t MnIOOT Metro Division Excerpt úom the Draft Transportation System Plan DRAFT - SUBJECT TO CHANGE 11/1/00 At the corridor level, the TSP identifies corridor needs, priorities, levels of investment, and possible solutions to identified concerns. As the TSP work program is implemented, specific corridor solutions will be developed in cooperation with affected counties, cities, and the public, consistent with TSP-identified investment goals. What area does the TSP cover? ' The TSP examines all state highway routes under Metro Division jurisç1iction in the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott, and Washington. Are all modes of transportation addressed in the TSP? The TSP focuses on transportation modes that have a relationship to the highway right-of-way. These modes include automobiles, trucks, transit (bus, paratransit, commuter and light rail), bicycling, walking, fiber optics and other pipelines, aeronautics, rail, and wateIWays. Planning for corridors that can accommodate multiple modes has become an integral approach. The TSP also recognizes that the highway system is often a critical element for passenger travel and &eight shipment options that involve use of more than one mode. What happens to projects in the 2001-2004 TIP? Projects already included in the 2001-2004 Transportation Improvement Program (11P) are considered funded (committed) and will not be changed by the 2001 TSP. How will the TSP affect the transportation system? The recommended Trunk Highway Funding Plan is fiscally-constrained to projected funding levels, and as such, addresses only $5.5 billion of the $15 billion necessary to maintain current mobility levels. Although the recommended Trunk Highway Funding Plan does preserve and manage Mn/DOT's principal and minor arterials, it only improves or expands high-priority principal arterials. This will result in a significant decline in mobility over the 20-year TSP planning horizon. The TSP also demonstrates how additional funding would accelerate development of needed projects and improve system performance. How often will the TSP be updated? The Metro Division is committed to amending the TSP as necessary and to conducting a complete update in conjunction with updates of the Metropolitan Council's Transportation Policy Plan, which is updated eve!)' three years. The Metropolitan Council and Mn/DOT's Metro Division expect to add to or change investment priorities as communities, counties, and adjacent districts complete or revise their plans to implement the Metropolitan Council's Regional Blueprint Growth Management Scenario and Mn/DOT's Statewide Transportation Plan. Page 2 MnIOOT Metro Division Excerpt from the Dr>ft Transportation System Pion DRAFT - SUBJECT TO CHANGE 11/1/00 What happens if additional revenue is generated in the future? Additional revenues (such as those from traditional sources) and alternative funding (such as that from toll roads) could be used to supplement existing funding sources for increasing capacity consistent with the Metropolitan Council's Transportation Policy Plan and the TSP. Mn/DOT and the Metropolitan Council are working together to pursue full funding of the Moving Minnesota initiative, If secured, Moving Minnesota resources will be used to compress the timing of the 20-year highway funding plan into ten years, and to fund the transit options as öutlined in the Metropolitan Council's Transit 2020 Master Plan and the 2000 update of the Transportation Policy Plan. Page 3 MnlOOT Metro Division Excerpt fium the Draft Transportation System Plan Page 4 DRAFT - SUBJECT TO CHANGE 11/1/00 Statewide Transportation Plan Mission Statement: from its addendum: Moving Minnesota from 2000 to 2020 To develop a coordinated transportation network by preserving, managing, and improving the state's highway system; by promoting and supporting transit, air, rail, waterways, bicycle, and pedestrian systems; by prorniting non-travel alternatives; and by promoting and supporting connections among transportation systems. Moving Minnesota Strategic Directions: Safeguard what exists. Make the network operate better. Make Mn/DOT work better. Moving Minnesota Strategic Objectives: Multirnodal Transportation Delivering Programs Interregional Corridors Information MISSION STATEMENT OF THE Mn/DOT METRO DIVISION: The Metro Division will develop and manage a Twin Cities metropolitan transportation system to serve the people of Minnesota. MnIOOT Metro Division Excetp! ftom!lx: Draft Transpor1a1Wn System PIfln DRAFT - SUBJECT TO CHANGE 11/1/00 EXECUTIVE SUMMARY The Challenges Over the past 30 years, changing demographic and development patterns in the state of Minnesota, and particularly in the metro area, have resulted in increased travel. The excess roadway capacity created in the 1970s to accommodate projected population growth has been quickly depleted as people make more auto-oriented trips than had been forecasted, The result is nearly a twentyfold increase in the number of miles of congested roadways in the metropolitan area since 1970, Congestion levels on our highway'system will continue to increase rapidly in order to accommodate the trips associated with the addition of more than 616,000 new residents, 312,000 new jobs, and 319,000 new households by the year 2025. These additional trips will be placed upon a relatively fixed number of roadway miles. Completely eliminating congestion is not a viable solution, At the same time that travel demand is increasing, the Metro Division's ability to expand the system will be very limited. Serious funding constraints mean that a significant portion of the limited resources will have to focus on maintaining an aging highway infTastructure. These preservation costs will continue to increase. Additionally, our social values and concern for the environment greatly limit the acceptability of roadway expansion as a response to these challenges, The Purpose of the Transportation System Plan The Metro Division's response to these challenges is documented in this update to the long-range transportation plan, the Transportation System Plan (TSP). The TSP bridges the gap between policy planning and project development and construction by translating broad state and regional policy direction into fiscally-realistic highway program goals and strategies, Priorities and Guiding Principles The Transportation System Plan (TSP) is a document that implements state policies and the regional policies collaboratively developed and reported in the Metropolitan Council's Transportation Policy Plan (TPP). This update ofthe TSP reflects revisions to the TPP, the governor's Smart Growth principles, and Mn/DOT's Moving Minnesota revision of the State Transportation Plan. These policy directions stress stewardship of our efforts and of our environment, incorporation of many transportation modes to meet Minnesota's needs for movement of passengers and fTeight, and management of the transportation system in ways that maintain our state's economic competitiveness and quality of life. Within this TSP, Moving Minnesota strategic directions and objectives are overarching themes. The "ABCs" of Moving Minnesota are strategies that articulate a balanced and multimodal approach to implementing regional transportation policy. Moving Minnesota ABCs focus transportation investments as follows: Page 5 MnIOOT Metro Division Excerpt from the Drnft Transportation System Plan DRAFT - SUBJECT TO CHANGE 1111/00 Advantages-Cor-transit reflects the importance of providing transportation alternatives for Minnesotans. Investments in these advantages include traditional mass transit options such as light rail transit (LRT), and commuter rail, and new approaches such as exclusive busways. Advantages on the highway include such transit support facilities as HOV lanes, ramp meter bypasses, and bus-only shoulders. The TSP provides for $150 million to be allocated to transit advantages in the metro area through the year 2025. It also anticipates project-specific funding 1Ì'Om the legislature and 1Ì'Om federal sources. Bottleneck Removal is a cost-effective way to improve mobility and safety on the transportation system. Bottlenecks are geometric constrictions on the highway system that can be corrected by widening bridges, adding auxiliary lanes, modifying interchanges, or adding through-lanes. The amount set aside for removal of major metro area bottlenecks is $2.28 billion. Corridor Connections support economic growth and healthy communities with the safe and efficient movement of people and goods between Minnesota's economic centers. Through Corridor Management Plans, Mn/DOT will work to preserve perfonnance levels on priority interregional corridors (IRCs) to support Minnesota's economic vitality and continued growth. Mn/DOT has allocated $780 million to address mobility and performance issues on the interregional corridor system. Corridor Connections are the most significant shift in investment priorities for the metro area. In concert with the statewide initiative, corridor connection projects will be implemented on a priority basis as they are identified through individual corridor management plans. The 2005-2025 TSP The TSP documents the Metro Division's plan for maintaining and improving the state trunk highway system to serve all modes of transportation within the eight-county metropolitan area for the years 2005 to 2025. The TSP sets forth transportation system priorities, including designated levels of investment and an implementation timeftame. As the TSP is carried out, specific corridor solutions and projects, consistent with the TSP's direction, will be developed in partnership with affected counties and cities, the state's business community, and with the public. The Metro Division estimates that $15.5 billion would be required to meet preservation and management performance goals on the system and to incorporate improvements and expansions that would do no more than maintain current mobility levels through 2025. However, between 2005 and 2025, the Metro Division is projected to receive only $5.5 billion in highway construction funds. This funding projection falls nearly $10 billion short of the funds required to fulfill the identified performance goals of the Metro Division's1ransportation system through 2025. The Investment Goals In recognition of significant funding constraints, the Metro Division maintains its commitment to preserving and managing the system with very limited resources to improve or expand it. Below are Page 6 MnIOOT Metro Division Exca¡>' fi'om the Draft Transponation System PIon DRAFT - SUBJECT TO CHANGE 11/1/00 brief summaries of the funding levels targeted for each of the Metro Division's four adopted investment goals. Preservation--Over the 20-year TSP planning horizon, $2.27 billion is planned to be spent to preserve the transportation system, Preservation strategies include the repair and replacement of pavement and bridges, as well as the repair of miscellaneous infrastructure elements (such as lights, signals, and guardrail). Management--Over the 20-year TSP planning horizon, $0.84 billion is planned to be spent for management measures to optimize system safety and capacity, Management strategies include transportation system management (TSM), transit support, access management, jurisdictional reassignment, travel demand management (TDM), intelligent transportation systems (ITS), and corridor preservation. Improvement--Over the 20-year TSP planning horizon, $0.3 billion is planned to be spent to improve and replace corridor elements. Improvement strategies include major reconstruction. Expansion--Over the 20-year TSP planning horizon, $0.94 billion is planned to be spent to expand (to increase the capacity of) the highway system. Expansion strategies include the addition oflanes to existing roads and new roadway construction. Allocating these resources, plus $1.15 billion in funding for right-of-way supplemental and cooperative agreements, means that a total of$5.5 billion would be of available to meet the needs identified above, largely for preservation and management needs, (Improvements and/or expansions are found only on high-priority principal arterials.) The expected result is that mobility will continue to decline significantly over the TSP's 20-year planning horizon. TSP Outcomes / Unmet Needs The baseline TSP program falls about $10 billion short of meeting identified system needs. There are serious consequences rrom the shortfall between the investment needed to meet performance goals and the available level of investment for the transportation system. These consequences include a significant increase in congestion and delay, an increase in traffic on local and neighborhood streets, a higher number of accidents, fewer choices of transportation mode, and a lack of continuity in design of the transportation system, The combined effect of these consequences is an increase in the costs of goods and services and a reduction in the overall quality oflife in the metro area. Even with implementation ofthe TSP, LRT, and the Metropolitan Council's Transit 2020 Master Plan, significant increases in congestion and delay are forecasted. The number of lane miles of congested roadways is expected to increase rrom 190 miles today to 480 milesby the year 2025. This means that over 40% of all Metro Division roadways in 2025 will experience congested conditions. In addition, delays at ramp meters are predicted to increase significantly, and average speeds are expected to decline. The amount of traffic carried by local and neighborhood streets will increase dramatically as the growth in trips occurs not on the congested rreeway system but on alternate routes, Many of the roadways that will receive this increased traffic are collector and minor arterials, which are not designed to carry higher traffic volumes, Page 7 MnIDOT Metro Division Excerpt from the Draft TranspoT1ation System Plan DRAFT - SUBJECT TO CHANGE 11/1/00 The shifting of more traffic to collectors and to minor arterials with at-grade intersections and more ftequently access points will also mean more traffic accidents regionwide. These trends will result in lost economic productivity, higher costs of doing business, and a decrease in regional and state competitiveness. It is estimated that the overall cost, in terms of associated delay and fuel expenses for metro area motorists, is approaching $1 billion annually. Addressing the Challenges Within funding constraints, the TSP's baseline program emphasizes preservation and management efforts, with inadequate improvement and expansion investments through 2025. However, Mn/DOT will also pursue additional funding to accelerate implementation of the Moving Minnesota program. A fu1ly-fundedMoving Minnesota program for 2005-2015 would enable Mn/DOT to complete almost all of the projects identified in the 2005-2025 Transportation Funding Plan. These include several highly-congested projects on the 1494/1-694 beltway. Accelerating program delivery would help to mitigate the rising costs of right-of-way and construction materials, as well as to mitigate the safety and delay costs borne by the traveling public. The Metro Division is committed to amending the TSP to reflect major policy and revenue changes and to updating it at least every three years, in conjunction with the updating of the Metropolitan Council's Transportation Policy Plan (TPP). Frequent assessment of the region's transportation needs will aid MnIDOT in staying current with costs, demographic trends, and evolving regional priorities. What You Can Do... The iterative nature of the plan allows for addressing emerging trends. You can affect Mn/DOT's future plans by staying involved. We recognize that making time for involvement in 20-year plans is difficult in the busy world in which we live. Your contributions, however, are very important. Important insofar as you will be aware of how your taxes are being spent, how decisions are made, and what level of regional priority is accorded to projects that are important to you. It is important to Mn/DOT to work in partnership with you to plan for projects that reflect the priorities of the region. Your participation is the best method for identifying emerging trends and needs. PageS MnIDOT Metro Division Excerpt fiom the Draft TransportDtion SysIem Plan '~I"'· ! \ ! ~ ~"o,TfIÞ-~ Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 Elected Officials, City & County Administrators, City & County Engineers, City & County Planners As an individual or member of an organization with a strong interest in the state's metropolitan area transportation system, you are invited to participate in a review and update of the draft Transportation System Plan (TSP). The TSP outlines and prioritizes future metropolitan area transportation improvements, spells out regional policies and governs how limited funds will be spent through 2025. Following a public review process, the TSP Update also may be used to demonstrate unfunded transportation needs at the state legislature as part of the state transportation package for funding consideration. The plan is updated every three years to reflect changes in the region or shifts in regional transportation priorities, Consequently, the TSP reflects the changing priorities in balancing numerous competing factors including Interregional corridors, Bottleneck removal, Advantages for Transit and Maintenance of the existing transportation system, A series of open houses are planned throughout the Twin Cities metro area to present an overview of the plan and discuss impacts on the counties and region. The schedule is: November 8 November 9 November 9 November 13 November 13 November 14 November 14 November 15 November 20 November 20 4-8p,m. 4:00-7:30 p.m, 4-8 p.m. 4-8 p.m. 4-7 p.m. 4-7 p.m. 4-8p.m, 5:30-8:30 p.m. 4-8 p.m. 4-7 p.m. Community Center, 1255 Fuller Street, Shakopee Carver County Government Center, 600 East 4"' Street, Chaska Fireside Room, 2661 Civic Center Drive, Roseville Room 330, County Government Center, 313 North Main Street, Center City County Western Service Center, 14955 Galaxie Drive, Apple Valley Hennepin County Library, 22 11 th Avenue North, Hopkins Senior High School Media Center, 6101 Scandia Trail North, Forest Lake Hennepin County Library, 8600 Zane Avenue N., Brooklyn Park Washington County Library, 7900 Hemingway A venue South, Cottage Grove Blaine City Hall, 9150 Central Avenue NE, Blaine The draft TSP document and related background information will be available on the Mn/DOT Metro Division web site at www.metrotsp.dot.state.mn.us beginning November I ". The TSP Update team also is available to present the plan to interested organizations. Contact Brian Isaacson at (651) 582-1659 or e-mail brian.isaacson(GJdot.state.mn.us. As the Twin Cities Metro area faces growing transportation demands, we must join together to understand and address the challenges we face. If you have questions or comments, please contact Tod Sherman, TSP project manager, at (651) 582-1548 or tod.sherman(GJdot.state.mn.us. Thank you for your participation. Richard A. Stehr Division Engineer An equal opp~rtunity employer fl'''"E1SO'' ~'io ~ g %0 ,0 1;..OF-1'R"~'" 2005-2025 TRANSPORTATION FUNDING PLAN ~ BRIDGE Re air Re lace PAVEMENT OTHER MINOR PRES. ALLOCATIONS TOTAL :tOTAL ~¿:..:~:=~~':'-:'=_::~!<:--~':==-=~:_::"_":~.-:-~:'._____=_ _:",w :: __~~_::::'-:-..'~~ _.~_._ _:-:-:-~_. n' --'........_-- ~~~:~=-..:-:=..~~~~__==..J~C~_===.:...:.=~-_~= _ ~~_;.::_:=:ri¿~::~:~,_=~:....:::_ ~:_==.:::~ ~:.J.- , T.H.8 1-35W Wisconsm To be detennined IV corridor mananement "'Ians T.H.10 1-694 AnokalSherbume Co. To be determined N corridor mananement nlans 1·94 1-494 Hen",,;;¡nlWriftJit Co. To be determined tv corridor manaoement nlans - T.H.101 1-94 HennenlnIWrinht Co. To be determined IV corridor mananement nlans - T.H. 169 1-494 ScottlCarverlLeSeur Co, To be determined IV conidor manaoement Dlans - T.H.212 CR147 McLeodlCarver Co. To be determined IV conidor mananement nlans - Subtotal $465 1-35W 1-694 AnokaIRam"-Co Reconstruction $45 T.H. 52 1-494 Dakota/Goodhue Co. Selected ¡nterchanaes and access mananement $70 T.H.169 1-94 T.H.610 Intercha""es and "rede se arations $55 T.H.212 1-494 CR147 Comnlete new alianment to CR 147 remainder TBD hv CMP $145 IRC TOTAL $780 7"',.;80 ;~;f.~ T.H.12 1-35E 1-35E 1-35W 1·35W 1-35W TH. 36 T.H.52 T,H.61 T.H.62 T.H.62 1·94 T.H.100 T.H.169 T.H. 252 T.H. 280 T.H.610 BOTTLENECK TOTAL CSAH 6 1-94 T.H.110 Washi ton Ave 46th St T.H.36 1-35W TH 156 Hastin s Br. 1-494 1-35W McKni ht 36thSt. 1-494 73rd Ave Como 1-94 ta Blvd 1-694 T.H.5 T.H.36 94 Commons 1-694 1-35E 1-94 Lat. Br Hasti s Br. 1-35W T.H.55 T.H.120 Cedar Lake Rd 1-94 T.H.610 T.H.36 Cou Rd 130 Earlier Sta es in the TIP Add one lane in each direction Add one lane in each direction Connects the 4 lane rtions indudes Miss. B' e Reconstruction· indudes Lake Street Interchan Reconstruction Add one lane in each direction Includes Re lacement ot Lata 11e Boo e Connects the 4 lane mons indudes Miss. Brid e Reconstruction Reconstruction Add one lane In eeoh direction Add one Jane in each direction Reconstruction Add one lane in each direction convert to freews indudes Broadwa as intercha e com letlon of new af nment TAl!! 20 5205 $70 $185 $160 $50 $110 $90 55 585 $45 $55 $45 $135 520 70 $60 $1,460 1-494 1-494 1-494 1-694 1-694 1-694 BELlWAYTOTAL ToTAL~!lii;i'i1l+''''''¡'!'''''~~~~~':~:¡)I¡¡¡S('''': 1-394 1-94 T.H.I00 West Jet 1-35E East Jet. 1-35E 1-35W 2005 - 2025 Investment Goals _._-~-----------.-. -.-- · · - · ,SI .- · · · · · · · · · · · · · · · · · · · · · · · · · ....,...... .. o ..1 -.::I3---.' · . · . · . :'i? ~ ._..~J ,. · "., . I®' . , ., .. . .. . ~. . .- . · I' @ ~- -:------ · n · .. .. I . . ..... Interregional Conidor * -Expansion = Improvement = Management _.~-~ Preservation * Not a specific;nyestment goal. Includes preservation, management, improvement and expansion investment where consistent with lRC corridor management plans. ;:K N A § -@'... 1M . c. .,..,=="< · . ~ ."- ........... - ®, ~ . &sJ · ~... · · . -r,Qf ~. , . . . . . . . ~ " " ~ ~~¡ CD ~ . . . ,-: 0 P ...~..... '~¡. · ~. .'lJ · " · .. ¡¡; : . . ...,....,-~"^... : ,'-- . ,'" . " =... '=' . ~ .-- .' ~ @ : .' . .. . . . . . to ~_ __:_ [i1 ~ ..........~.......... o 246 8 1O~1iles =---=--= TSP2000 · · · ~. ~ . . · . . · · · ~..60Þ"" . ~ ~ ,-¡¡; ~ .oj . . . . 1 ,. ŒJ ~);., æ ~ @: .. l:ill ~ @' iT i!J - ··o··w'- I!' ')- ..@ ""'''1'"'' D C ~ } .,,~,., ~¡ 1.""<~'-' Projects Accelerated with Moving Minnesota Funding ---_. - .------ .. Bottleneck and Beltway Investments -2001- 2004 ---,-2005 - 2010 ===-2011 - 2015 -----_._--- IRC Investments ..... 2001 - 2015 ----------.. N t\ --' . . " . --, --"'! '- n, . -,~ " .(c· . " ------_. o 2 4 6 8 10 Miles , '..--' ~\,:,,~HI50f" ~ò:~; 't ....-... - .~ . ... \~","' ¡ "'1)'b~' "..,.-; ~----- ------ TSP 2000 Mon Mon Tues Weds Weds Thurs Th urs Thurs Fri Fri Sat Sat Sun Oct 30 5:34 PM Oct 30 8:07 PM Oct31 5:54PM Nov I 9:38 AM Nov 1 II :49 AM Nov 2 12:42 PM Nov 2 4:01 PM Nov 2 7:23 PM Nov 3 4:56 PM Nov 3 5:07 PM Nov 4 12:25 PM Nov 4 5:29 PM Nov 5 4:29 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF OCTOBER 30, - NOVEMBER 5, 2000 Nicholas Way Buckingwood Court Kiowa Trail Market Boulevard Trotters Circle Washta Bay Road Pointe Lake Lucy Highway 5 & Powers Blvd Chippewa Trail Powers Blvd & Lyman Blvd Red Oak Lane Lk Lucy Rd & Manchester Dr Overlook Court Fire alann - false alann, no fire Medical- head injury Medical- diabetic reaction Medical- possible heart problem Medical- broken hip Power lines down Fire alann - false alarm, no fire Car accident with injuries Medical- person down, unknown problem Car accident with injuries Child vs. car Strong odor in the area Medical- trouble breathing Rules of Procedure Chanhassen City Council Respect ourselves. Do your best at all times.- Respect others. Treat others in a way that you want to be treated. Be a good listener. Usè nice manners. Share with others/take turns. Respect property. Be honest. Work as a team. Have fun. It is okay to make mistakes, but we should also fix them. January 1o, 2000 . .........~,. -' -'- ,. W Metropolitan Council ~ Working for the Region, Planning for the Future CC~~\ ~ November 13, 2000 Nancy Mancino, Mayor City of Chanhassen 6620 Galpin Blvd. Excelsior, MN 55331 Dear Mayor Mancino: This letter is to inform local units of government that five positions on the Metropolitan Parks and Open Space Commission are open for appointment. The positions are the chair, and citizen members representing Commission District A (Metropolitan Council Districts 1 and 2), District B (3 and 4), District C (5 and 6) and District D (7 and 8) (see enclosed map). Parks and Open Space Commission appointments are governed under the Minnesota Open Appointments process administered by the Secretary of State; therefore, interested individuals should contact the Secretary of State's office at 651/297-5845 for an application form. Completed applications are to be returned to the Secretary of State. The deadline for persons applying for these appointments is Dec. 22, 2000. After receipt by the Secretary of State, the applications are forwarded to the Metropolitan Council. Applicants will be asked to appear for an interview at a public meeting conducted by a Metropolitan Council appointments committee, The public meeting(s) will be held in January. The Metropolitan Council will also notify legislators in the affected district of the names and backgrounds of the applicants and solicit their recommendations, Following the public meeting, the appointments committee will meet to review the information received and develop an appointment recommendation. It is expected that appointments will be made by the Metropolitan Council in February. The Metropolitan Council invites local units of government to participate in this appointment process by encouraging citizens who have an interest in the work of the Metropolitan Parks and Open Space Commission to become applicants. Qualifications for membership include: applicant must be a resident of the commission district for which they are seeking appointment, and shall not during the term of office hold the office of Metropolitan Council member, be a member of the Metropolitan Airports Commission or Sports Facilities Commission, or hold any judicial office, If you have any questions about this appointment process, please call Julie Opsahl of the Council staff at 651/602-1630. The Metropolitan Council would like to thank local units of government for participating in this process and encourages you to forward to us any recommendations you may have on the appointments to be made. Sincerely, ;tt fLLJ_ Ted Mondale Chair Enclosure cc: Scott Botcher, Manager 230 East fifth Street St. Pau1. Minnesota 55101-1626 (551) 602-1000 fax 602-1550 TDD/TIY 291-ŒJ04 Metro Info Line 602-IRRR ^" rJ",n¡ nnn""'rmflp¡ Emnl",,,.r Metropolitan Parks and Open Space Commission District Boundaries August 1999 W Metropolitan Coundl ~ "'~"''''''''''-''w''''''''''' ...... ... .... ........"" -"" ........ .""""'""" -...."" --"" ... .... .- ~ .... -,., ~ -"" """...."" -"" """'.... ,., - v& "" .......,., v..... "" 'fli -,., ""'- ......... "" A N Sc tt --,., ...."" --,., ~ -- o , 5 10 15 20 2S Miles -- - "" ,., ........ G!] Metropolitan Parks and Open Space ConnnissioD District Boundaries ~ Metropoli tan Council Working for the Region, Planning for the Future Ct:~\ bØ 1111 The Metropolitan Council invites you to a Public Meeting to discuss the regional fair housing planning project currently underway. The Council, in cooperation with the Cities of Minneapolis and St. Paul and the Counties of Anoka, Dakota, Hennepin, Ramsey, Washington, and Scott and Carver counties represented by the Minnesota Housing Finance Agency has contracted with the Legal Services Advocacy Project (LSAP) to conduct a metro-wide analysis of barriers to fair housing and issues of discrimination in housing. This fair housing planning is required of communities that receive certain funds from the U.S. Department of Housing and Urban Development. To assist in this effort, LSAP has partnered with the Urban Coalition, the Institute on Race and Poverty, and the Wilder Research Center to assist with the data collection and analysis, focus groups and research. The final report will identify specific barriers to fair housing and propose recommendations and time frames for addressing these issues. The Council invites you to a public meeting on November 30, 2000 from 10:00 AM to 12:30 PM in Room lA at the Offices of the Metropolitan Council, 230 E. 5'h Street in St. Paul to comment on a preliminary draft of the barriers identified and proposed recommendations. As an individual or organization concerned about the issue of housing discrimination, your input is important to us. The agenda for the meeting will include: 9:45 - Coffee and Registration 10:00 - Welcome: Elizabeth Ryall, Director of Housing alld Livable Communities for the Metropolitan Council Followed Bv: - Overview a/the Fair Housillg Planning Project - Fair Housing Implications of Housing. Population, Enlplnyment lIllt! Trall!,'P0rtatioll Trends ill the Metro Area - Review of Identified Impediments to Fair Housillg alld Proposed Recommendations Presented bv: Regilla Wagner and Nallcy l'.1ischel, LSAP; Moira Gaidzanwa of the Urball Coalitioll and Gavin Keamey of the lllstitute on Race alld Poverty - Discussioll and Feedback Please RSVP bv November 27lh to Colette Bergeron at the Legal Services Advocacy Project at 651-222-3749, ex 101 or bye-mail at cbergern@mnlsap.org. Please indicate any disability related accommodations or translation/interpreter services you may require. 230 East fjfth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TDD/TrY 291-0904 Metro Info Line 602-1888 ,~ "'~.._, n,,~.,~,,_'·. Mon Tues Tues Tues Thurs Thurs Thurs Fri Fri Fri Sat Sun CHANHASSEN FIRE DEPARTMENT FIRElRESCUE WEEK OF NOVEMBER 13, - NOVEMBER 19,2000 Nov 13 8:41 AM Nov 14 6:26 AM Nov 14 7:37 AM Nov 14 11:47 PM Nov 164:02 AM Nov 16 7:14 AM Nov 164:39 PM Nov 171:05 AM Nov 17 1:40AM Nov 17 5:57 PM Nov 18 8:48 PM Nov 19 3:07 PM Lake Susan Hills Drive Arboretum Blvd Dakota Lane. Excelsior Fire Dept Great Plains Blvd Highway 41 & Highway 7 Santa Vera Drive Western Drive Great Plains Blvd Market Boulevard Bluff Ridge Court Hidden Court Medical- chest pains Fire in the attic, controlled bum Medical- person feeling weak Mutual aid - grass fire Car accident with injuries Car accident cancelled enroute, no injuries Medical- cancelled enroute Medicál- trouble breathing Medical- unknown problem Medical- broken hip Smell of natural gas Medical - allergic reaction ~OM JGEL FRX NO. Dec. 21 2000 01:45PM P2 5124011352 RACHEL & DAVID KGEL N ovcrnber 20, 2000 VIA F~CSIMILE AND MAIL Ms. Kate Aanenson, PLlIming Director MT- Robert Generous, Senior Planner City of Chanhassen City Hall P.O. Box 147 Chanhassen, MN 55317 Re: Application for David and Rachel Igel 7303 r .aredo Drive ChanhaS5en, MN Dcar Ms, Aanenson and :!'vir, Generous: This ,",'ill confirm that we have asked to be pJaced on the City Council meeting agenda, scheduled for December 11, 2000_ \Y/e waive our rights under the so called "60 Duy Rnlf''' tJ<':: 0:::""1'" t('¡t',.h '¡n 1Jin~~:J.ç-ta £tâWtC.ð xc.1tct...J-tL' '<JLJ..J. IHvpu;:¡.c::J.'::illÎJ\.liv.i~toIrur me à1)ove- referenced property, and specifically request that the City t~ke such tUne as the City deems necessary to review and act upon our applicaTIon. In addition, upon approval by the City Council of either of our subdivision plats before the Cìty~ we agree to re1l10Vl: the alternate subdivision plat from consideratiQn by the C:iry C()l1nÒ.l cc:: Rwce :\'hlkcrson (via facsim.iJr:) ó;95 :-iTR.AWBf'.R.RY LANE. $HOREWOOD, MN. 55.1.11 PH()NF.: ?52.401 3377. FAX: 9r,~ 401.1)6.2 ¡f!;.,..... ... :.' > ,-,'i,§ ~~i ::;~'-::l~~'~jJ! ~:t~~j 1~i!~J J~ ~ jl~'.. 1]~Tª, . ';'N ··~j·~,,\¡~,·~g·\(.~]·æ~l~!!'i:5 ':j.e~4J~ ~"I;l.~~; '. J![i II~' . '.:,.¡. ,.r.:~ '~-:!i".' ::);tr..e~·i J¡ f!:a -2 Po 91 . ß ~:.. 6 ë ~ ~.¡¡ "';; i1 , ..l - j J~ ì .'~ ý,,":( .-.,'.r.;~·~:!'¡i¡;t ;:¡ a ii..8:ð.~. ÞB i!.g 0 805'05 ~!õ! Š . ,- ~4J ! . ::iTib i::~,~,'~~:.:~~t:~~£!/·i"fS~!i] l· '§ ~ ~ ~ j> .§.rÐ,·iJ!l;~ ~.~. '" . ,,g J 'a { '....0 ~~.; -~~T~.;2·Æ.~¡(j\]: . :s~~ª' !j~'~¡¡;1I Ei.I9J..' J.'IŠ.e51 " 1 J~gf " !:J.'ie "'d~ ';þ,,,,s.g;;;F¡¡:,¡," II Sb ~ -5i § ofi 1:1 ¡¡¡ > ..~.¡¡, '> 4J -e . ", .;! .æ 11' ! ,i' >~i:~ ~~J, ~~:~:·~~~ï·'8~] !}l~4JjJ]r:; ~~! ..~~ tJ . 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'J1~_i/ft (- ~\ . .!..'="'~:.".~..., '$:' !.. .0 ~ ö" b ~ f:)( Q, '¡ !f t"£1-.I'.~~'~' '. __ . .itt;:~;?:~,):t~l~t~~~~~~~~¿ëi..8 '~'i!4J B f:1:::,tjj :1J~~;åf:'·t;, '~\:"V;.¡'i;'~~~~!t¡~î~ & ' fi:i;~\;'~':~· " ij.:~~;~~\ 1,\¡...> ;s.:~.,~.§ ~~ l:~ =f' -l .¡~ ~r·l1li;-š~,iiji:8~ . \ ,J..~j '~;;~W~i~ ; .2fi[ !J:~l~·] '~l: 'J,s.j{æ::fM~+'~i}1:t1~:~ ?J!:~',{,"~ :~~ H'~'~;[I'~ ~., ¡i<'Jl'~.'" 11 ... ¡;¡\~ ;, jo:S.ftt5.., 'ã1a:J~:- ;;'!/lI' ',., ' , " 'G "~'--Ji4J ..c?' .",,11' ¡¡:::~S"1:a B ¡g'~~4J . c: $ ~ ·1!.~íoiš~iofi~.a \";;";\.' ,. ;.' . :;'t,'I'~'i::i!ß § · ~: ,I., , ~1!l( =f~]1]1 .~·~'ð.;¡f!j·~~1\~r.!~~~:' ~!~/~;¡'I" ..,~1lj;i ~¡.:~: ¡"8~'~..~·!ilj.a-B~4J ~4J~l],..8..:9_-.$:~:Š~~,: :;;~ "':J~' ~'7S'~;~ . _:, '!!If ;~ã1;;1i ~ ~:ã! 11'¡ ]j'~' i ð]:f·,!!J;e¡:,¡; ,!8·~:i;·.) "~ :::".~ "!/ f~2n' ·t~ilË~'~l! ~ofi¡::l[å~~lJrJj1:~^fi~"~;~·{-': ".:{":, ! 1'-:-! ~~ ·:?t;~t;':;;%II~tîl:.:·$·;::·: 0 ~~,..:i...,,;¡(j::!1:,-:_ "';i;~:' <:~,:): :~:':'i>, . :~,,~~,.,...;.S:" ....~~. .'" .'<.' ~l; VWI,¡,_ - , I . '" _, ,,,. '~Is?;)'-~~:~~¡¡"'P'J:;,¡!~~' "'. --. ".....,. L CAMPBELL KNUTSON Profcssinr1<11 ASSlKi;\tilHl Atturney,,", ;11 Law * * * :\11,lrl';¡ \hl \'\1(,11 ]';1l'hkr :-'Li!t1n'\\ K. Hr,)kl" 1,lh,\ 1-. ]((·Ih \Lnr111'\\' J. h)li \hrL:\ll'ritl' \1. \kC¡rr\1Il l ;111;1 \1 rklldt TI1\I111:I' J (::\Il1j'hcl! !{i1gl'f!'\ f...:IìlI1'-ol1 Tlhnn;1) 1\.1. SU1!! El!i\1tt Il Kncl)ch JI)clJ.J:lmnik (651) 452-5000 [';", (651) 452S;50 \Vriter's Direct Dial: (651) 234-6214 Writer's Fax: (651) 452-5550 Writer's e-mail: mfoli@ck-Iaw.com '\¡, ,,"", November 20, 2000 Mr. Scott Botcher City Manager City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Mr. Todd Gerhardt Asst. City Manager City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Ms. Teresa Burgess City Engineer City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Re: Mark Halla and Don Halla. d/b/a Halla Nurserv, Inc. v. City of Chanhassen. et al. Court File No. C8-00-1010 Enclosed please find the following documents: I. Plaintiffs' Notice of Motion and Motion; 2. PlaintiiTs' Memorandum of Law; and 3. Defendants' Memorandum of Law. Suire) 17 . E".~'mdalc Office Center . I ,SO Co '¡î'''Llre Centl'J CunT . b~;II1, MN 55121 City of Chanhassen November 20, 2000 Page 2 This matter is scheduled to be heard by the Carver County District Court on November 29,2000. Sincerely, CAMPBELL KNUTSON Professional Association By: /ptf2¿(!ewc;-J;{· Matthew J. FoV MJF:slc Enclosures CAMPBELL KNUTSON ©(Q)~V Professional Association Attomeys at Law . . . Andrea McDowcl1 Poehler Matthew K. Brokl~ John F Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Br;:¡ndt Thomas J. Camrbclt Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik (651) 452-5000 Fax (651) 452-5550 Writer's Direct Dial: (651) 234-6214 Writer's Fax: (651) 452-5550 Writer's e-mail: mfoli@ck-Iaw.com 'A/\ol,amcdinW'iscnf\sin November 20,2000 Mr. Phillip R. Krass Kra5s Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82"d Street Minneapolis, Minnesota 55431-1447 Re: Mark Halla and Don Halla, d/b/a Halla Nursery, Inc. vs. City of Chanhassen, et al Court File No. C8-00-101O Dear Mr. Krass: Enclosed herewith and personally served upon you by messenger please find the following: 1. Defendants' Memorandum of Law in Support of its Request for Summary Judgment Dismissing Count II of the Complaint; and 2. Affidavit of Thomas M. Scott. Sincerely, CAMPBELL KNUTSON Professional Association By: ~2' Matthew 1. F 1 - MJF:slc Enclosures cc: Clients Suite 317 . Eagandäle Office Center . 1380 Corporate Center Curve . Eagan, MN 55] 21 CAMPBELL KNUTSON ©@~w Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik (651) 452-5000 Fax (651) 452-5550 ... Writer's Direct Dial: (651) 234-6214 Writer's Fax: (651) 452-5550 Writer's ...maiI: mfoli@ck-Iaw.com Andrea McDowell Poehler Matthew K. Brok'* John F. Kelly Matrhew J. Foli Marguerite M. McCarron Gina M. Brandt ·AIs(Iic~inWi:IConsín November 20, 2000 District Court Administrator Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 Re: Mark Halla and Don Halla. d/b/a Halla Nurserv. Inc. v. City of Chanhassen. et al. Court File No. C8-00-101O Dear Administrator: Enclosed herewith for fIling in the above-entitled matter please find the following: 1. Defendants' Memorandum of Law in Support of its Request for Summary Judgment Dismissing Count II of the Complaint; 2. Affidavit of Thomas M. Scott; and 3. Affidavit of Personal Service. This matter is scheduled to be heard by the Court on November 29,2000. Sincerely, CAMPBELL KNUTSON Professional Association BY:~~' Matthew J. oli MJF:slc Enclosures cc: Clients Phillip R. Krass, Esq. Suite 317 . Eagandtlle Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL ------------------------------------------------------ Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00-1 01 0 Petitioners/Plaintiffs, v. NOTICE OF MOTION AND MOTION The City of Chanhassen, its Mayor, as well as other citizens or property owners affected, Respondents/Defendants. __________________________________________________ø___ TO: THE ABOVE-NAMED DEFENDANTS AND THEIR ATTORNEY, TOM SCOTT, ESQ., OF CAMPBELL KNUTSON, Eagandale Office Center, Suite 317, 1380 Corporate Center Curve, Eagan, MN 55121 PLEASE TAKE NOTICE that on the 29th day of November, 2000, at 9:00 a.m., or as soon thereafter as counsel may be heard, in the District Courtroom in the District Courthouse of the County of Carver, located at 600 East Fourth Street, Chaska, Minnesota, the undersigned will make the Motion hereafter set forth, Said Motion will be based upon the files and records contained herein, together with submittals by counsel. MOTION Plaintiffs will move the Court for an Order requiring Defendants to release and return to Plaintiffs all right, title and interest to the easements created by the following Easement Agreements: 1. The November 21, 1990 Easement Agreement; 2. The December 9, 1994 PennanentEasement Agreernent; and 3. The March 12, 1996 Pennanent Easement Agreement. Dated: /O~ .2(/ ..- oð . as 58051) C. John Jossart (#295048) Attorneys for Petitioners 1100 Southpoint Office Center 1650 West 82nd Street Bloomington, MN 55431-1447 (612) 885-5999 G:\WPDATA\H\HALLA NURSERY\OO2\PLD\NOTICE OF MOTION. DOC STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: ------------------------------------------------------ Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00-1010 Petitioners/Plaintiffs, v. The City of Chanhassen, its Mayor, as well as other citizens or property owners affected, PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT RespondentslDefendants. ------------------------------------------------------ Plaintiffs respectfully offer this Memorandum of Law in support of their Motion for Summary Judgment. ISSUE 1. Are Defendants required to release and transfer back the three subj ect easements that Plaintiffs provided as a condition precedent to and as consideration for Defendants' approving their plats now that those portions of the plats containing these easements have been vacated in accordance with the Court's July 8, 2000 Order? DOCUMENTS COMPRISING THE RECORD 1. Plaintiffs' May 19, 2000 Complaint; 2. Court's July 8, 2000 Order; 3. Plaintiffs' Memorandum of Law in Support of Their Motion for Summary Judgment; and 4. Affidavit of Phillip R. Krass BACKGROUND On May 19, 2000, Plaintiffs Mark Halla and Don Halla d/b/a Halla Nursery, Inc. (the ''Hallas''), brought a Complaint against Defendants to vacate certain portions of the Halla Great Plains Addition plat and the Great Plains Golf Estates plat pursuant to Minn. Stat. §505.14. (See Complaint). The Hallas further sought an order requiring Defendants to transfer back and release certain easements which lie within those portions of the plats the Hallas were vacating. Defendants expressly conditioned filing and approval of the plats upon the Hallas (and their spouses) executing three different easement agreements which conveyed easement rights and property interests to the Defendants outside of the nonnal platting process. @.) On July 8, 2000 this Court issued an Order vacating the following portions of the Plat of Halla Great Plains Addition and the Plat of Great Plains Golf Estates particularly described as follows: Lots II through 18 inclusiveofBlock I, Halla Great Plains Addition; and all of Blocks 2, 3, 4, 5 and 6 and Outlot A of Halla Great Plains Addition, and all portions of the plat of Great Plains Golf Estates located within the above-described portions of Halla Great Plains Addition specifically excluding Lot One (I), Block One (I) Great Plains Gold Estates. Specifically, the Court ordered that this above-described property be vacated and that title to all the streets, alleys and public grounds located therein shall revert to the owners of the land underlying said plats. (See July 8, 2000 Order). . The issue that remains for this Summary Judgment Motion is whether Defendants are required to release and return the three easements that the Hallas (and their spouses) were required to grant Defendants in conjWlction with the platting process (COWlt IT of Plaintiffs' Complaint). In particular, Defendants required that Donald Halla and Sandra Halla, husband and wife, execute a 2 November 21, 1990 Easement Agreement deeding Defendants a public roadway easement along Highway 101. (Krass Affidavit, Exhibit M. Hereafter, all Exhibits will refer to those attached to the Krass Affidavit.). Defendants subsequently required Mark D. Halla and Kay M. Halla, husband and wife, to execute a December 9, 1994 Permanent Easement Agreement with respect to a public storm drainage easement across Outlot D, Great Plains Golf Estates, as a condition precedent to re-platting this area. (Exhibit P). Defendants later required Mark and Kay Halla to execute a second Permanent Easement Agreement for public drainage and ponding purposes over their property in 1996 in conjunction with another re-platting, (Exhibit Q). The Hallas now request this Court order Defendants to release and return these easements by virtue of the fact that the underlying plats upon which these easements were predicated have been vacated in accordance with the Court's July 8, 2000 Order. These Easement Agreements amounted to illegal exactions which should not be endorsed by the Court. LEGAL ARGUMENT I. SUMMARY JUDGMENT STANDARD Sununary Judgment is appropriate when the pleadings, depositions and interrogatories, together with any affidavits, show that (1) there is no genuine issue as to a material fact, and (2) either party is entitled to judgment as a matter oflaw. Minn,R.Civ.P. 56.03, Sununary Judgment is encouraged in cases such as the one at bar where there is no genuine factual issue to be resolved at trial. Celotex Corp. v. CatTett, 477 U.S. 317 (1986), A party opposing sununary judgment "may not rest upon the mere averments or denials of the adverse parties' pleadings, but must present facts showing that there is a genuine issue for triaL rd. Indeed, a non-moving party must submit "significant probative evidence" that creates a genuine 3 " issue of material fact, as it is not sufficient to rely on general statements or simply show that there is some metaphysical doubt as to the material facts. rd.; W.J.L. v. Bugge. 573 N.W.2d 677 (Minn. 1998) (to forestaII summary judgment, the nomnoving party must do more than rely on unverified or conc1usionary allegations in pleadings or postulate evidence which might be produced at trial); Utbaniak Imnlement Co. v. Monsrud, 336 N.W.2d 286, 288 (Minn, 1983) (a party must respond to a summary judgment motion with specific, affinnative and admissible evidence; unsupported conclusory facts and unwarranted opinions are insufficient); Frank v. Winter. 528 N.W.2d 910,913 (Minn. Ct. App. 1995) (the level of specificity required in opposing a summary judgment motion is whether the evidence could properly permit the jury to proceed and find a verdict for the non- moving party). If the non-moving party fails to meet the burden of producing facts that could create a genuine issue, then summary judgment is appropriate. rd.; Burma v. Stransky. 357 N.W.2d 82,89 (Minn. 1984) (summary judgment serves "a salutary pmpose of avoiding nseless and time consuming trials.") n. THE HALLAS ARE ENTITLED TO THE RELEASE AND RETURN OF THEIR RESPECTIVE EASEMENTS BY VIRTUE OF THE COURT'S JULY 8, 2000 ORDER. From the outset it is critical for the Court to be cognÌzant of the fact that but for Defendants' insistence that these easements and property rights be deeded outside of the platting process (as opposed to given as part of the plat itself) these three easements would have also been vacated as part of the Court's July 8, 2000 Order. Minnesota's vacation statute, Minn.Stat. § 505.14, specifically vests the District Court with the power to vacate plats and adjudge the title to all streets, alleys and public grounds to be in the persons appropriately entitled thereto. 4 Specifically, "it has been the uniform holillng of this court that the dedication of land, pursuant to this statute [§ 505.14], to the public for streets, alleys, and public grounds, does not pass the fee-simple title thereto, but only such as estate as to the purpose of the trust requires, and the fee, subject to the public easement, remains in the dedicator and his grantees. Betcher v. Chicago, Milwaukee and St. Paul Rv, Co., 124 N.W. 1096, 1099 (Minn. 1910). Accordingly, "the legal effect of a plat dedication is a conveyance in trust to the municipality ora terminable easement only, and any area designated in the plat for public use, and the fee title thereto remains in the dedicator, subject to the easement." Etzler v. Mondale, 123 N.W.2d 603,610 (Minn. 1963). The Minnesota Supreme Court has also held that a vacation of a road extinguishes a city's easement and the land occupied by the road then reverts to the original fee owners. Edgewater Cottage Association, Inc., 387 N.W.2d 216, 218 (Minn. Ct. App. 1986) citing McCuen v, McCarvel, 263 N,W.2d 64,66 (Minn. 1978). Against this backdrop it becomes increasingly clear that but for Defendants' conditioning plat approval upon the execution of each respective Easement Agreement, these three easements would have all been vacated along with the plats as a matter of course. In other words, the Hallas would have retained fee title to these easements, which would automatically have reverted back to them upon the vacation of the underlying plats containing the easements, Unfortunately, Defendants' insistence upon creating these easement rights in a matter outside the scope of the normal platting process has thus far precluded the vacation of these easements,l I Defendants' requirement that the Hallas deed these property rights outside of the plat itself may be construed as Defendants' tacit acknowledgment that this action is tantamount to an illegal exaction and certainly suggests Defendants would not have been able to legally obtain comparable easement rights through the normal platting process. 5 What is critical to remember is that although these three easements were not technically part of the plats themselves, they are inextricably linked and intertwined with the entire platting process in this case. The fact that Defendants dictated the method of establishing the easements should not preclude their vacation as normally would have been the case absent Defendants' mandate of a contractual conveyance apart ftom the plat. Garrev v. Nelson, 242 N.W. 12, q (Minn. 1932) illustrates an equitable axiom that is particularly applicable to the facts of this case in that equity will disregard form and look to the actual substance of a transaction to accomplish justice: In equity the court adapts its relief to exigencies of the case at hand, and in so doing form always gives way to substance. In other words, equity regards the substance of the transaction and not the form thereof. Courts of equity will seek rather to discover and carry into effect the real intention of the parties and to enforce it according to the sense in which it was understood by them. This principle is not applied merely in order to better effectuate the real intentions of the parties, but it is also called to the assistance of the courts when seeking to detect and to Drevent beneath the forms oflaw DOssiblv concealed violations thereof.2 Nelso!!, 242 N.W. at 13. Certainly, notions of equity do not support Defendants' argument that they should somehow be able to circumvent the purpose and spirit of Minn. Stat. § 505.14 by simply altering the method of granting property rights. To do so would allow any governmental entity to thwart the legislative intent of this statute as is clearly demonstrated in the present case where the Hallas have, to date, been unsuccessfìù in regaining valuable property rights that should have already been released and returned following the plat vacation. Defendants' actions have compelled the Hallas to resort to - court intervention in order to regain property rights that never should have been lost. Documents obtained directly ftom the files of the City of Chanhassen amply demonstrate the connection between the easements at issue and the platting process. Beginning with Exhibit A, 6 we find a December 22, 1986 response to the proposed plat of Great Plains Golf Estates from Carver County requesting an expansion of the easements for County State Aid Highway 14. Exhibit B is the April 8, 1987 Staff Report on the proposed plat. Please note, at page 4, the reference in the second paragraph to the fact that both Carver County and MnDOT have reviewed the plans and both have requested additional right-of-way, with MnDOT's request being for an additional 27 feet on both sides of the Highway 101 centerline. The report in that paragraph goes on to say, "An amended plat must be provided showing the additional ROWand adjusted lot areas." On page 5, the staffs recommendation includes, at number 2, the providing of additional right-of- way being 60 feet of right-of-way from the centerline of Highway 101. Attached to that Staff Report is a January 6, 1987 letter to the City from MnDOT which states in its first bullet point: "In the past, we have suggested that an additional 27 feet on either side of the existing right-of-way be platted. This will create a minimum of 60 feet of right-of- way on either side of the existing centerline." Also attached to that Staff Report is an April 3, 1987 Memorandum from the City Engineer to the Planning Commission which states as follows: "State Highway 101 (Great Plains Boulevard) passes through the center of this plat and is one of the few continuous north/south roadways through this area. .,. I also concur with the State's recommendation to extend the right-of-way limits to 60 feet on either side of the existing centerline. This would be accomplished by obtaining easements dedicated to the City for street and highway improvements for an additional 27 feet of right-of-way along each side of the current 66 foot right-of- way." Exhibit C is a June 18, 1986 Memorandum from the City Planner to the Planning Commission about this plat which indicates on page 2 that MnDOT is requesting 27 feet on both sides of Highway 101 and that "MnDOT's intent is to preserve area for future improvement of TH101. ... Therefore, staff is recommending that the applicant dedicate the required easements." 2 Such as an illegal exaction of property rights. 7 ". Exhibit D is a July 7, 1987 letter to Mr. Halla ftom the Planning Department, indicating that the City Council had approved the preliminary plan of Great Plains Golf Estates with conditions. Condition number 2 was that the final plat provide for a roadway easement dedication of 27 feet on both sides ofTIIlOl. Exhibit E is a July 3, 1989 Memorandum from the Planning Department to the City Manager indicating that the final plat has been submitted and setting forth the preliminary plat conditions including the additional 27 feet on both sides of TII101. The second page of that Memorandum sets forth staff recommendation that the final plat be subject to the requirement of that roadway easement. Just nine days later, the Planning Department received a Memorandum ftom the Engineering Department regarding the review of the final plat of Great Plains Golf Estates setting forth at Comment No.2 the fact that the final plat did not include the additional right-of-way dedication on Highway 101. The Engineering Department goes on to say it is possible for the applicant to provide a written document of said easements (which was exactly what eventually happened. Exhibit M was prepared by the City Attorney in lieu of dedicating the easement on the plat.). Exhibit G is a letter two days later ftom the Planning Department to Mr. Halla setting forth the City's reauirement that the final plat include the roadway easement dedication of27 feet on both sides ofTII101. Exhibit H is a June 19, 1990 Memorandum from the Planning Department to the City Manager reviewing the requirement that the final plat include that additional roadway easement on both sides of TII101 and setting forth the fact that Chanhassen staff had been spea1ång to both MnDOT and to Chanhassen's own Engineering Department and that both feel strongly that the easement should be required. Attached to that Memorandum is a June 19, 1990 letter to the 8 Planning Department trom MnDOT indicating that MnDOT had taken the position that it had no long-range plans for THI01 other than to turn it back to the local jurisdiction and commented that MnDOT believes that TH101 will need to be widened at some point. This letter makes clear that the City of Chanhassen understood that when the time came to expand TH101, it may well be the City which would be charged with that responsibility and cost. Exhibit I is a letter trom Don Halla to the City of Chanhassen, dated July 21, 1990 requesting the removal of the 27-foot additional easement requirement on TH101. Exhibit J is a letter trom Mr. Halla's attorney to the City Attorney making the same request. As a result of Halla's request, the City Council took up that issue at its meeting on June 25, 1990, and those Minutes are Exhibit K. On the Council Minutes, page 33, we note the comment from Mr. Krauss, the Planner, that the final plat of Great Plains Golf Estates had a requirement to dedicate an additional 27 feet on both sides ofTHl 01 which: " . . . was designed to allow for future road upgrading. The applicant did not want to convey that easement, and staff would not release the plat so that the plats basically sat around for some time. At this point, the applicant wants to proceed with final platting or recording of the [mal plat and is requesting that condition pertaining to the right-of-way dedication be removed. Staff is recommending that the requirement be upheld." Those Minutes indicate Mr. Halla again making an objection on page 34, and on page 35 staff member, Gary Warren, indicated that the State of Minnesota had addressed the importance of THlO1 as far as one ofChanhassen's few north/south continuous roadways. The City Council later approved the final plat with the requirement that the additional 27 feet on both sides ofTH101 be dedicated. That decision was conveyed to Mr. Halla by letter dated July 26, 1990, Exhibit L. The Hallas had no choice but to execute the easement required by the City as their plat waS held hostage to that requirement. They did so by easement document wlùch is 9 Exhibit M. Exhibit N is a letter ITom MnDOT to the City's Planning Department on August 2, 1993, reiterating the MnDOT request for the additional right-of-way. After that, the HaIlas submitted a second plat which was a replat of portions of the initial plat. The new plat would be caIled HaIla Great Plains Addition, and when it was submitted to MnDOT for its review, MnDOT responded with a September 1, 1994 letter to the City's Planning Department. That letter is Exhibit 0 and indicates that TRlOl is classified as a minor arterial in the regional highway system. The letter goes on to say: 'The Primary function ofTRl 01 is to provide mobility within the metrooolitan area. The connection of additional local streets to TRIOl in this area is inappropriate." (emphasis added.) That letter requests the same additional 60 feet of right-of-way on Highway 101. (Apparently the S~e was not aware of the fact that the HaIlas had executed and the City filed Exhibit M, the Easement Agreement, and so the State could not tell simply by reviewing the plat that the dedication had been made.) Also, as part of the consideration of the second plat, HaIla Great Plains Addition, the City requested and obtained Exhibits P and Q from Mark D. HaIla and Kay M. HaIla. Mark is Don HaIla's son, and Mark's lot and home were part of the first plat but not included in the second plat. Therefore, the City required Exhibits P and Q to accommodate Don HaIla's second plat. Mark Halla's home is located in an area adjacent to the portion of the second plat which was vacated and, consequently, there is no use for nor should' there be a requirement of these drainage easements. They should be released and returned to the owners. The last Exhibit submitted, R, is a fax to Don Halla from David Hempel, the City Engineer, responding to Mr. Halla's request that the Highway 101 easements be vacated. Mr. Hempel responded as follows: 10 ''Re: TH101 R.O.w. ESMNf - Don I check our files and found that the 101 R.O.W. was dedicated back in 11/1990 withe platting of Golfview Est. and, therefore, our position is not to vacate 101 R.O.W. with your plat." Mr. Hempel included a portion of the July 27,1994 Staff Report on the second plat (Halla Great Plains Addition) in which it was noted: "During the previous platting' of Great Plains Go1fview Estates, the City has acquired the necessary right-of-way for TH1 01." It would be disingenuous in the extreme for the City of ChaÍ1hassen to suggest that the dedication by easement of the Highway 101 land was not absolutely and totally connected to and contingent upon the City's approval of the Halla plat. It appears that the reason the dedication was not included in the plat was due to either the fact that the plat had been completely prepared prior to the Hallas finally agreeing to ransom their plat trom the City by granting the easement, or was handled by separate easement document because the City knew it was an improper and illegal exaction. Please note that the Easement itself, Exhibit M, was drafted by the City's attorneys, The Hallas fought as hard as they could to preclude that Highway 101 easement dedication ITom the plat. The plat literally sat three years because of this impasse. The plats have, with the exception of the far northeastern portion, been vacated by Order of this Court. The easements, dedicated in conjunction with the plat, should be ordered returned to the Hallas in the same manner they would have been returned had they been returned had they been part of the easements. III. DEFENDANTS ARE CONTRACTUALLY OBLIGATED TO DEED THE HIGHWAY 101 ROAD WAY EASEMENT BACK TO THE HALLAS PURSUANT TO THE LANGUAGE OF THE AGREEMENT ITSELF. The Highway 101 Easement Agreement includes the following language: Provided, however, that in the event the easement described in Exhibit "A" is used for roadway purposes and provided further that at the time of vacation of Outlots A and B, Great Plains Golf Estates are owned by theGranto~ assigns, the City or 11 assigns, to the extent it can legally do so, will vacate and quit claim to the Grantors that portion of the right-of-way of State Highway 101 on or abutting OutIots A and B, Great Plains Golf Estates, Carver County, Minnesota. (Krass Aff. - Exhibit A). It is undisputed that the Court's July 8, 2000 Order vacated OutIots A and B of the Great Plains Golf Estates plat. (See July 8, 2000 Order). Accordingly, Defendants have a contractuaI obligation to quit claim deed those portions of the Highway 101 easeménts contained in the portion of the plats vacated by the Court's Order. Defendants' continued failure and refusal to do so is a clear violation and breach of the Easement Agreement, which the City drafted. IV. DEFENDANTS ARE REQUIRED TO RETURN THE' CONSIDERATION THEY RECEIVED FOR THE PLAT APPROVAL. Perhaps an appropriate way to view the entire plat vacation process is to draw an analogy to rescinding a contract where the end result is to restore the parties to the position they occupied prior to the transaction. In other words, rescission essentially operates to restore the status quo of the parties. Johnvs Inc. v. Niaka, 450 N.W.2d 166 (Minn. Ct. App. 1990) (restitution, or the restoration of the parties to the positions they were in before the contract was fonned, is an integral part of rescission); Chase Manhattan Bank v. Clusiau Sales & Rental. Inc., 308 N.w.2d 490, 494 (Minn. 1981) (rescission extinguishes a contract "so effectively that in contemplation of law it has never had existence.") Vacating a plat has much the same effect as rescinding a contract in that the parties are restored to the position they occupied before the plat was approved and filed. Both situations have the legal effect of creating an outcome comparable to as if the transactions had never occurred at all. The right to rescind depends largely on a party's ability to place the other party in the position that party was in before the contract was made. In many cases, this involves requiring each party to return what was received under the contract - consideration. See e.g. ViIlai!e of Wells v. 12 · Layne-Minnesota Companv, 60 N.W.2d 621 (Minn. 1953). In this case, the Hallas have already returned what they received in this transaction; that is the approval of the plat they desired. Consistent with principles of equity, Defendants should similarly be required to return the three easements they received in conjunction with the plat approval process. Requiring Defendants to relinquish these easement rights is really the only fair and equitable manner to restore the status quo of the parties without unfairly and inequitably prejudicing the Hallas in ibis case. CONCLUSION For the foregoing reasons, the Court should Order Defendants to execute any and all documents necessary to return the three respective easements back to the Hallas. ACKNOWLEDGEMENT REQUIRED BY MINN. STAT. &549.211, SUBD.! The undersigned hereby acknowledges that sanctions may be imposed under Minn. Stat. §549.211, if factual contentions and legal arguments contained in this pleading are unwarranted or presented for an improper purpose or are lacking in evidentiary support. Dated: October 31,2000 'Ii . Kr s (#58051) C. John Jossart (#295048) Attorneys for Petitioners 1100 Southpoint Office Center 1650 West 82nd Street Bloomington, MN 55431-1447 (612) 885-5999 G:\WPDATElINJALLA NURSERYl002\PLDIMEMO OF LAW SJ.DOC 13 ". STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISlRICT CASE TYPE: OTHER CIVIL Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00-101O Petitioners/Plaintiffs, DEFENDA,NTS' MEMORANDUM OF LAW IN SUPPORT OF ITS REQUEST FOR SUMMARY JUDGMENT DISMISSING COUNTIIOFTHECOMœL~ vs. The City ofChanhassen, its Mayor, as well as other citizens or property owners affected, Respondents/Defendants. INTRODUCTION Ten years ago Plaintiff Don Halla was required to convey a street easement as a condition of plat approval. Plaintiffs now seek an order requiring the City to reconvey the easement. Defendants agree that the material facts are undisputed. Pursuant to Minn. R. Civ. P. 56.03, if there is no genuine issue as to any material fact, then judgment shall be rendered forthwith if either party is entitled to a judgment as a matter oflaw. Defendants request summary judgment dismissing Count II of Plaintiffs' Complaint for the following reasons: 1. Minn. Stat. § 505.14, relating to vacation of plats, does not apply since this easement was conveyed separately and was not dedicated on the plat. Even if the statute did apply, it would prohibit the vacation of this street easement because it remains useful for its future intended purpose. 2. Plaintiffs waived their right to challenge this condition of plat approval when they recorded the original plat ten years ago, 90084 1 3. The claim is barred by the six-year statute oflimitations. UNDISPUTED FACTS 1. On July 6, 1987, the Chanhassen City Council gave preliminary plat approval to Plaintiff Don Halla's proposed 37-10t residential subdivision to be known as Great Plains Golf Estates. (Krass Aff., Ex. D.; Scott Aff., Ex. A.) 2. On July 10, 1989, the Chanhassen City Council approved the final plat for Great Plains Golf Estates. (Krass Aff., Ex. G.) 3. On April 9, 1991, the Great Plains Golf Estates official plat was recorded with the Carver County Recorder as Document No, 122910, This subdivision consisted of three new residential lots, leaving the balance of the property platted into three large outlots, (Scott Aff., Ex. B.) 4. As a condition of plat approval, Plaintiff Don Halla was required to convey to the City an easement for roadway purposes for the future upgrading of Highway 101, a northJsouth thoroughfare, which dissects the plat. (Krass Aff., Ex. G.) 5. Prior to giving the City the required easement, Plaintiff Don Halla asked the Chanhassen City Council to require the Highway 101 easement abutting the outlots only ifhe eventually final platted the outlots into the remaining lots. (Krass Aff., Ex. K.) He did not have any objection to the Highway 101 easement if the outlots were final platted. The City Council decided not to reconsider this condition of plat approval. (Krass Aff., Ex. L.) 6, On November 21, 1990, Plaintiff Don Halla and his wife, Sandra Cwayna Halla, executed the Highway 101 easement, which was delivered to the City and recorded on April 9, 1991 as Document No. 122911. (Krass Aff., Ex. M.) 90084 2 7. On October 23, 1995, the Chanhassen City Council approved the final plat of Halla Great Plains Addition which subdivided Outlot A and Outlot B of the original Great Plains Golf Estates into individual lots and blocks. (Scott Aff., Ex. C.) 8. On April 17, 1996, the Halla Great Plains Addition official plat was recorded with the Carver County Recorder as Document No. 193913. The 35-10t plat consisted of 18 lots located west of Highway 101 (Block 1, Lots 1 to 18) and 1710ts loéated east of Highway 101 (Block 2, Lots 1 to 9; Block 3, Lots 1 and 2; Block 4, Lots I and 2; Block 5, Lots I to 3; and Block 6, Lot 1). (Scott Aff., Ex. D.) 9. The approval of the Halla Great Plains Addition plat was conditioned upon Plaintiff Don Halla constructing public streets and storm sewer improvements to service the residential lots. (Scott Aff., Ex. C.) 10. Plaintiff Don Halla subsequently installed the streets and storm sewer serving Block 1, Lots 1 to 9, located on the west side of Highway 101. Plaintiff Don Halla never constructed the other streets and storm sewer improvements for the other portions of the now vacated plat. 11. Plaintiffs herein petitioned and the Court on July 8, 2000, entered its order vacating a portion of the plat of Halla Great Plains Addition. The City did not object to the vacation, pursuant to the agreement of the parties that the vacation did not in any way prejudice the City's position relating to the Highway 101 easement. 90084 3 ARGUMENT I. THE HIGHWAY 101 EASEMENT WAS CONVEYED BY A SEPARATE DOCUMENT RATHER THAN DEDICATED ON THE PLAT. THE PLAT VACATION STATUTE DOES NOT APPLY. Minn. Stat. § 505.14 deals with the vacation of plats and streets dedicated to the public by the plat. Here, the Highway 101 easement was conveyed to the City by a separate easement document. It is not a street dedicated on the plat. Therefore, section 505.14 does not apply. 11. THE HIGHWAY 101 EASEMENT WOULD NOT HAVE BEEN V ACA TED AS PART OF THE P ARTlAL PLAT V ACA TlON. According to Plaintiffs, if the Highway 101 easement was dedicated on the plat, it would have been vacated by the Court as part of this partial plat vacation. This is absolutely incorrect. Section 505.14 is the plat vacation statute cited repeatedly in Plaintiffs' brief. Unfortunately, Plaintiffs do not quote the controlling language in the statute, Plaintiffs correctly note that, upon vacating all or part of a plat, the court may "adjudge the title to all streets, alleys and public grounds to be in the persons entitled thereto." Section 505.14 does not stop there. It continues: "but streets or alleys connecting separate plats or lying between blocks or lots or providing access for the public to any public water, shall not be vacated between such lots, blocks or plats as are not also vacated, unless it appears that the street or alley or part thereof sought to be vacated is useless for the purpose for which it was laid out." The court clearly and unequivocally could not vacate the Highway 101 easement if it was dedicated on the plat. The Highway 101 easement connects other plats and property located north and south of Plaintiffs' plat. The easement was obtained for the future upgrading of Highway 101. It unquestionably remains useful for that purpose. See In re Application of Avant-Garde. Inc., 481 N.W.2d 379, 381 (Minn. App, 1992) (whether property dedicated to 90084 4 public use should be vacated depends on whether vacation will serve the public interest), review denied (Minn. Apr. 29, 1992). The public includes persons other than those in the immediate vicinity, and evidence that the public is not currently using the roadway easement area does not necessarily justify vacation. See In re Petition of Krebs. 6 N.W.2d 803, 804-05 (Minn. 1942). The critical question is whether use of the easement is possible, not whether it is necessary. Under Application of Baldwin, 15 N.W.2d 184, 187 (Minn. 1944), . "useless for the purpose for which it was laid out" should not be given any restricted meaning. Courts should ascribe to it the well- accepted connotation: "not serving or not capable or serving any valuable purpose; being of no use; having or being of no use; unserviceable; producing no good end; answering no desired purpose." This easement is not for an internal street necessitated solely by the lots being vacated. This is a through highway. Plaintiffs seek a reconveyance of two other easements, even though Count II of their Complaint clearly identifies only the. Highway 101 easement. With regard to these two other easements, Plaintiffs ignore the fact that the portion of the plats containing those easements was expressly not vacated by the Court. Outlot D of Great Plains Golf Estates was not vacated, so Plaintiffs have no right to object to the continued validity of the December 9, 1994 Pennanent Easement (Krass Aff., Ex. P.) And Lot 1, Block I, Great Plains Golf Estates, was not vacated, so the March 12, 1996 Pennanent Easement must remain in place. m. BY RECORDING THE FINAL PLAT, HALLA WAIVED ANY RIGHT TO CHALLENGE THE EASEMENT AGREEMENT. Developers must challenge any condition for subdivision approval before recording the fmal plat. The instant action is controlled by Crvstal Green v. City ofCrvstal, 421 N.W.2d 393 (Minn. App. 1988), review denied (Minn. May 25, 1988). Crystal Green was required, as part of 90084 5 the governmental approval process, to dedicate part of its parcel to the city for future use as a frontage road. rd. at 393, Crystal Green objected at public hearings, but agreed to dedicatc the land "under protest." rd. at 394. The plat, with the required dedication, was then filed with the registrar of deeds. Id. Crystal Green then applied for a writ of mandamus to require the city to initiate condemnation proceedings for the alleged taking of the dedicated property. Id. In deciding against Crystal Green, the court of appeals held that [d]evelopers must challenge dedications prior to final plat approval and registration in order to assure finality of dedication, give municipalities an opportunity to change their requirements if the requirements are umeasonable, and prevent municipalities from being sued by developers when the only remedy available to a losing municipality is payment. Id. at 395; see also Countv of Hennepin v. Begin, 443 N.W.2d 860, 863 (Minn. App. 1989) (holding dedication ofland was effective when final plat was filed), Here, Plaintiffs argue that granting the Highway 101 easement is equivalent to dedicating the same on the plat. They cannot now, ten years later, contest the required dedication. The fact that Plaintiff Don Halla has now for whatever reason decided to only build out tcn lots and not the others is his personal decision, As previously noted, the plat vacation statute precludes the Court from vacating a street that is still capable of serving a public use. Minn. Stat. § 505,14. IV. THE EASEMENT DOCUMENT DOES NOT REQUIRE THE CITY TO RECONVEY THE EASEMENT. Plaintiffs ignore critical language in section 505.14 that does not fit their first argument. In a similar vein, Plaintiffs add the critical word "of' to the Highway 101 easement document to make its second abbreviated argument. Plaintiffs quote the Highway 101 easement as follows: Provided, however, that in the event the easement described in Exhibit "A" is used for roadway purposes and provided further that at the time of vacation Q[Outlots A and B, Great Plains Golf Estates are owned by the Grantor or assigns, the City or assigns, to 90084 6 the extent it can legally do so, will vacate and quit claim to the Grantors that portion of the right-of-way of State Highway 101 on or abutting OutIots A and B, Great Plains Golf Estates, Carver County, Minnesota. (plaintiffs' Briefat 11-12) (emphasis added). The actual language is: Provided, however, that in the event the easement described in Exhibit "A" is used for roadway purposes and provided further that at the time of the vacation Outlots A and B, Great Plains Golf Estates are owned by the Grantor or assigns, the Citý or assigns, to the extent it can legally do so, will vacate and quit claim to the Grantors that portion of the right-of-way of State Highway 101 on or abutting Outlots A and B, Great Plains Golf Estates, Carver County, Minnesota. (Krass Aff., Ex. M.) Inserting the "of' changes the entire meaning of the sentence, making it sound like the vacation being referenced to is "of' Outlots A and B. A close reading of the easement document reveals that the City agrees, to the extent it can legally do so, to vacate previously existing Highway 101 right of way upon construction of an upgraded Highway 101 within the easement being conveyed by Halla, assuming Grantor Halla still owns the adjoining Outlots A and B at that time. (See letter ITom Robert Bruno to Joanne Olson, attached as Exhibit E to Scott Affidavit.) v. VACATING A PLAT IS NOT THE SAME AS RESCINDING A PRIVATE CONTRACT. The platting of property is a creature of statute. Plat vacations (Minn. Stat. § 505.14) and street vacations (Minn. Stat. § 412.851) are strictly controlled by statute. Streets are dedicated to the public. This case has nothing to do with contract rescission law. VI. PLAINTIFFS' CLAIMS ARE BARRED BY A SIX-YEAR STATUTE OF LIMITATIONS. Six-year statutes oflimitation govern all of Plaintiffs' legal theories. No matter how the Court analyzes Plaintiffs' claims, the result is the same. Plaintiffs' claims are time-barred. If the 90084 7 claim is analyzed under contract law, e.g., rescission, then Plaintiffs would be barred by the six- year statute oflimitations on breach of contract claims, under Minn. Stat. § 541.05, If the Court views Plaintiffs' claim as a regulatory taking claim, which "occurs where a governmental body conditions some discretionary benefit on compliance with an otherwise unconstitutional regulation." Naegele Outdoor Advertising Companv of Minneapolis v. Citv of Lakeville, 532 N.W.2d 249, 252 (Minn. App. 1995), review denied (Minn. July 20,1995), then Plaintiffs' remedy is an inverse condemnation claim, In actions for inverse condemnation, the statute of limitations is six years from the date of taking. Beer v. Minnesota Power & Light Co., 400 N.W.2d 732 (Minn. 1987). CONCLUSION Defendants are entitled to summary judgment dismissing Count II of the Complaint. -" ---- Dated: November 20, 2000. CAMPBELL ON Prole si Association omas M. Scott, #98498 317 Eagandale Office Center 13 80 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ATTORNEYS FOR DEFENDANTS 90084 8 '&..."..... . ". .'" ~:". ',." a'. Cf'Þ- ~-\.( -' -_.~-- THIES &TALLE ENTERPRISES, INC. ~®lIDn ~~IID~® nITIlW®~~11i1il®ITIl~~ 470 WEST 78TH STREET . SUITE 260 . CHANHASSEN. MINNESOTA 55317 . (952) 949-2200 . FAX (952) 949-0331 MAILING ADDRESS: POST OFFICE BOX 250. CHANHASSEN. MN 55317 November 15,2000 Mr. Don Ashworth Economic Development Director City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanbassen, MN 55317 Dear Don: Thank you for your letter of November 14 relating to the TIF Agreement for Heritage Park Apartments. In accordance with that letter and my previous correspondence, I am enclosing a check payable to the City in the amount of $45,069. I will attempt to clarity the two points you raised, First, I don't believe there is any significance to whether the first operational year was 1991 or 1992. I don't believe any TIF was generated in 1991 and our records agree as to the remaining TIF repayment owed to the City of $182,236 for the period of the commencement of operations through December 31, 1999. Secondly, I was attempting to describe our understanding of our obligation to repay the TIF balance outstanding. You are right in that under HUD rules no distribution was permitted to the owners for the years up to 1997. HUD, however, does permit cumulative distributions so that to the extent there is surplus cash in later years, it may be applied to distributions not paid in previous years. It is our understanding of the TIF Agreement that when the distribution is made from the year 2000 operations which will be paid in March or April, 2001, the distribution will be made in the following priority. I) Current year, 2000, distribution to owners of $60,000. 2) Current year TIF repayable to the City. 3) Payment ofthe next previous year for which the owners have not received a distribution, which would be 1997, in the amount of $60,000. 4) Payment of the next previous year for which TIF is owed to.the City, which would also be for the year 1997, After the 1997 owner's distribution and TIF repayments have been made, as additional payments become available preceding years of both owner's distribution and TIF, payments will be made until the TIF has been fully repaid. I hope this clarifies my understanding of the TIF Agreement. If you have a different understanding, please feel ftee to contact me. Again, I appreciate very much the assistance of the City in making this developm/~~ SiW~ ~thR.Talle President __n ~___-. r 0~r·o .':" Cu-. ~ Metropolitan Council ~ Working for the Region, Planning for the Future 10'- ~~\\ B'AiÞ November 15,2000 Dear Local Official or Interested Person: The Metropolitan Council wants to hear your thoughts about its effort to strengthen the link between our regional Smart Growth principles and policies, and our discretionary funding decision-making involving dollars for transportation, environmental protection and clean up, and community development. One of the steps we are proposing to take to accomplish this is to revise the Council's guidelines for priority for housing performance. At 4:00 p.m. on December 18,2000, the Council will hold a public meeting in the Chambers at Metro Transit's Heywood Office and Operating Facility, 560 6th Avenue No., Minneapolis, to receive public comments, concerns and suggestions on the attached draft revised housing performance criteria. Following this public meeting, the Council will consider further revisions to the draft criteria and conduct a formal public hearing on the document, at present tentatively scheduled for February 21,2001. The proposed draft criteria represent our efforts to better align our expectations regarding affordable and life-cycle housing commitment, capacity and performance oflocal governments with resources and funding to support our regional Smart Growth strategy. We hope you will examine the proposed guidelines, and we encourage you to call John Kari (6511602-1548) or Guy Peterson (6511602-1418) of the Community Development Division to discuss the criteria, or to arrange a meeting with John and Guy before December 18 to share your ideas and issues. Of course, we also hope you will present your thoughts on the criteria to the Council at the meeting on December 18, ~ -'hI~ atthew Ramadan, Chair IYvable Communities Committee V\LIBRAR Y\CO:'1MUNDV\PETERSOJ'.'\2000\gpl 1 0800-mlmdale-ramadan doc ~. - ,.. MEMORANDUM TO: Livable Communities Committee Subject: Updating Regional Guidelines for Priority Funding for Housing Performance From: John Kari, Housing & Livable Communities (651-602-1548) Guy Peterson, Housing & Livable Communities {651-602-l4l8) Date: October 24, 2000 Background The Metropolitan Council uses a variety of strategies, programs, and activities to implement its mission to irnprove regional competitiveness in the global economy so that the Twin Cities Metropolitan Area is on the best places to live, work and raise a family and do business. The Council is focusing on its smart growth initiative to establish priorities, integrate activities and align resources for investing in the region. The Regional Blueprint-Metro 2040 Regional Growth Strategy provides the overall policy guidance for smart growth and the present transportation system. The Council uses three primary vehicles to implement its plans and advocate for smart growth and livable communities: · Comprehensive Plans-local comprehensive plans and the tools adopted to carrying them out (zoning, codes and ordinances, and fiscal devices) as required by the Metropolitan Land Planning Act (MLP A) provide the local, on-the-ground, mechanisms for achieving local and regional development objectives as defined in the Regional Blueprint and regional system plans. . Regional Systems-investment in and operation/oversight of four regional systems provides a public in1Ì'astructure ftamework for community and local development- transportation (transit and highways), regional parks, airports, and wastewater management (interceptors and treatment facilities), and . Incentives Programs--a variety of competitive funding programs provide the Council the ability to direct funds and make grants that address regional priorities as defined in the Regional Blueprint, regional system plans and consistent with local comprehensive plan. When the Housing and Land Use Advisory Committee was appointed in 2000, the Council asked the committee to look at ways to obtain a clear alignment between regional policy goals and inftastructure and program investments. The objective was to leverage the successful implementation of the Regional Blueprint and the regional systems supporting the 2020 regional growth strategy. HLUAC used the following as guides: 1-f.\O....I....,nnn",..,t.,nnn"......... ....... ......... ...~ . · Smart growth principles provide the overarching tramework the Council wants to follow in carrying out its mandate to "coordinate the orderly and economic development of the metropolitan area." So that development, whether at the local, subregional or regional level, is to be done by "choice not by chance", · Incentives are preferred to regulation and mandates in implementing regional and smart growth objectives contained in the Regional Blueprint and regional policy plans (Transportation, Wastewater Management, Regional Parks, and Airports). The Council has a variety of funding programs available including TEA-21, Livable Communities Act, and MetroEnvironment Partnership. · Linking smart growth principles to funding decisions of the Council requires the fashioning of criteria and evaluation measures that embody Regional Blueprint/ smart growth principles (regional growth management policy related criteria) and accomplish the technical/program objectives of the funding source (technical and transportation system related criteria). TEA-21, a federal program for transportation projects, provides a good opportunity and example for a stronger alignment and linkage of regional and local objectives. HLUAC has recommended to the Council that affordable and lifecycle housing criteria be added to the funding evaluation and ranking process. The current Council housing policy consists of the Regional Blueprint (December 1996), the Local Planning Handbook, the implementation programs of the Livable Communities Act of 1995 and the Housing Development Guide (December 1985). Housing policy is included in the Regional Blueprint (which restates the housing choice and affordable housing objectives of the 1985 guide): · Policy 5, Regional Growth Strategy: Work with local communities in a partnership to meet the range of housing needs of people at various life-cycle stages; broaden locational choice and access throughout the region for people at all income levels; and support use of public funds to achieve these goals. The Council will use the state Livable Communities Act to further this goal. Council actions: 1. Give priority for regional infÌastructure investments or expenditures of public dollars to communities that have implemented plans to provide their share of the region's low- and moderate-income and lifecycle housing opportunities. · Policy 2, Reinvestment: Lead a multifaceted, region-wide effort to carry out redevelopment strategies focused on the revitalization of distressed areas of the region, especially commercial/industrial revitalization and efforts to strengthen neighborhood vitality. The Council will support the targeting of public and private financial resources for redevelopment and reinvestment. The Blueprint states the Council's housing policy in a way that makes the appropriate connections to jobs, transportation, the economy, reinvestment and neighborhood revitalization. Blueprint housing policy presents a three-part strategy: 1) expand affordable housing near areas of greatest job growth on the urban edge, 2) provide new jobs near affordable housing located in the region's core, and 3) provide transit connections to provide maximum access to jobs throughout the region. The Blueprint broadens the housing policy emphasis to the entire range of housing. The Blueprint acknowledges that housing, as the largest user ofland, can be a major shaper of development in the region, particularly in transit corridors. The 1985 Housing Development Guide contains a now outdated set of guidelines for assessing the priority for funding housing perfonnance (see Attachment A). These guidelines were prepared for a different set offederal funding circumstances and programs. Beginning in 1971, the Metropolitan Council used its review and comment authority on federal funding requests for community development projects, criminal justice, parks and open space and aging programs to reward communities for providing a full range of housing opportunities. Around the time the 1985 housing guide was adopted, the Council's review authority under A-95 was eliminated by the federal government. Also, the number of federal discretionary programs and funding were greatly reduced. The attached draft guidelines are proposed for use by the Council in assessing community housing perfonnance to replace the 1985 set (see next secticm). The following public process is proposed: · Public meeting on December 18,2000 conducted after Livable Communities Committee (LCC) at 4:00 PM in the Chambers at the Heywood Transit Office & Operating Facility at 560 Sixth Avenue North in Minneapolis, to obtain infonnation, perspectives, and ideas. (Heywood Office: 612/349-7000) · The LCC reviews the public comments (tentative LCC meeting date: Tuesday, January 16,2001) and make recommendations to the full Council. · Council approves draft guidelines for the public hearing (tentative Council meeting date: January 17,2001). · Council conducts public hearing on draft guidelines (tentative public hearing date: February 21, 2001). · Council adopts updated guidelines in March 2001 (after a 10-day open public comment period following the public hearing). V;\PackeI2000ILCA2000l1106\L1106-2000-493.doc DISCUSSION DRAFT - Guidelines for Priority Funding for Housing Performance Replaces: Guidelinesfor Priority Fundingfor Housing Performance (Appendix E Housing Review Guidelines of the Housing Development Guide December 1985)) Lifecycle and Affordable Housing (0 -100 points) The Metropolitan Council uses its review authority to recommend funding priorities for projects in communities based on their housing planning and performance. The criteria reward communities that are working to provide a range of affordable and lifecycle housing opportunities; to preserve and maintain their existing affordable housing stock; or encourage and facilitate redevelopment and reuse in older, declining parts of the community_ Because Blueprint and housing policy objectives for urbanized communities differ between older, fully built communities and newer suburbs with continual opportunity for growth, capacity and performance expectations for each type of community differ. Therefore, the criteria for measuring how well communities are responding to these different objectives should also be different. These draft Guidelines for Priority Funding for Housing PerfoTI11ance identify three groups of communities - A, B, and C - for which plans and expectations regarding affordable housing goals are different. Group A communities have or should have plans with goals that call for the addition of affordable and life-cycle housing units between 1996 and 20 I O. Group B cities may have plans with housing goals that call for the net addition of fewer than 25 new affordable units before 2010 because, for the most part, their focus is on preservation and maintenance of the affordable housing that is already a very significant share oftheir housing stock. A third list of communities called Group C is made up of presently unsewered cities and townships for which the Council does not have a housing policy focus other than the expectation that the local government ensures that its housing remains safe and sanitary, and that its future residential development be at densities consistent with the Regional Growth Strategy. Factors the Council proposes to use to evaluate a community's housing commitment, capacity and perfoTI11ance are listed below, as are lists ofthe three groups of communities. For funding requests involving multiple communities, it is likely that the points awarded to each community served would be averaged with equal weighting. I. Commitment Qualifying Commitment to Affordable and LifecycIe Housing The community has prepared a comprehensive plan update that sets forth affordable and lifecycie housing goals and implementation activities that have been found to meet the housing planning requirements of the Metropolitan Land Planning Act. II. Capacity 40 points Capacity to provide affordable and lifecycle housing o or 10 points The community is eligible to compete for LCA Fund resources because it is a current-year participant in the LCA Local Housing Incentives Program Up to 15 points The community has local policy that supports the use of such localfiscal initiatives as TIF, tax-exempt bonds, tax abatement, fee waivers, local tax levy, credit enhancements, etc., to assist affordable and lifecycle housing development or preservation, and the capacity to use the funding from these local fiscal initiatives through an HRA, EDA, CDA, or other implementation mechanisms (local or multijurisdictionaQ. Each local fiscal initiative is worth 5 points. The community will verify the existence of such local policy. Community Housin~ Group A. Community's housing goals or LCA sector benchmarks call for the addition of qffordable and lifecycie housing units through 2010. o or 15 points The community has sufficient land planned (as evidenced in its local comprehensive plan update) and zoned to allow residential or mixed use residential development at no less than six housing units per acre to enable potential achievement of its rental housing, affordable ownership and lifecycle housing goals (or LCA sector benchmarks if not an LCA participant). The community will verify that the local zoning ordinance will penn it this residentially guided land to be developed at this density. Community Housin~ Group B. Community's housing goals or LCA sector benchmarks do not require a net addition of qffordable or lifecycie housing units through 2010: o or 15 points The community's comprehensive plan and zoning ordinances pennit redevelopment or infill redevelopment of residential or mixed use residential development at no less than six units per acre to sufficiently replace housing lost through demolition. The community will verify that its plan and zoning ordinances penn it this density of residential development or infill. III. Perlormance 60 points Production/preservation of affordable and life-cycle housing Community Housing Group A. Community's housing goals or LCA sector benchmarks call for the addition of qffordable and lifecycie housing units through 2010. 1. The community's progress toward achievement ofLCA affordability goals (or sector benchmarks for non-participants) since January 1, 1996 as measured by the units reported by the community in the annual LCA housing report card survey. (Net gain of such units.) Up to 15 points Affordable ownership progress. Up to 15 points Affordablc rental progrcss. INote: Scores will represent an objective comparison of the goals achievement progress of all communities competing for funding.1 2. Average net density of new (or re-use) sewercd housing for which a building pcrmit was issued in the community in the two years prior to the current year. Up to 10 points Average nct dcnsity for attached housing units. Up to 10 points Average net density for detached housing units (including detached townhomes and manufactured homes). INote: Scores will represent an objective comparison of the density numbers provided by the community as part of the application with those of all the other communities competing for funding. 3. Housing maintenance efforts. o or 5 points Thc community has an owner-occupicd housing maintenancc codc and enforcement program. o or 5 points The community has a rental housing maintenance code and enforcement program. Community Housing Group B. Community's housing goals or LCA sector benchmark\' do not require a net addition of affordable or life cycle housing units through 2010. o or 10 points The community has an owner-occupied housing maintenance code and enforcement program. o or 10 points The community has a rental housing maintenance code and enforcement program. o or 10 points The community currently has a locally-administered owner-occupied housing rehabilitation or home improvement program. o or 10 points The community currently has a locally-administered rental housing rchabilitation or renovation program. o or 10 points The community currently has a locally-administered first-time homebuyer program. o or 10 points The community is currently implementing or preparing a locally-sponsored and endorsed plan for at least one area of the community that includes housing unit production or rcnovation and the use of local fiscal initiatives to undertake such redevelopment/reinvestment activities. Community Groups - Affordable Housing Goals Group A. Citiesffownships that have or should have local housing plans calling for the addition of affordable housing units through 20 I 0 Andover Hastings Shoreview Apple Valley Hugo Shorewood Arden Hills Inver Grove Heights Spring Par~ Bayport Jordan St. Anthony Belle Plaine Lake Elmo St. Bonifacius Blaine Lakeville St Francis, Bloomington Uno Lakes St. Louis Park Brooklyn Park Little Canada St. Paul Burnsville Long Lake Stillwater Carver Mahtomedi Vadnais Heights Centerville Maple Grove Victoria Champlin Maplewood Waconia Chanhassen Medina Watertown Chaska Mendota Heights White Bear Lake Cologne Minneapolis White Bear Township Columbus Township Minnetonka Woodbury Coon Rapids Minnetrista Cottage Grove New Brighton *Dayton Oak Park Heights Eagan Orono Eden Prairie Plymouth Edina Prior Lake Elko Ramsey Empire Township Robbinsdale Excelsior Rogers Farmington Rosemount F ores! Lake Roseville Forest Lake Township Savage Golden Valley Shakopee ·Comprehensive plan currently under review calls for urbanization before 2010. Group B. Cities/Townships that may have plans or housing agreements that do nol require a nel addition of affordable housing units through 20 I 0 Sewered Communities Anoka Bethel New Hope *Ncw Market Birchwood Brooklyn Ccnter *Circle Pines *Newport *North Oaks North St. Paul Columbia Heights *Crystal *Deephaven Falcon Heights Fridley Gem Lake Norwood/Young America Oakdale Osseo *Pine Springs Richficld Rockford *Grccnwood Spring Lake Park South St. Paul *St. Paul Park Hamburg Hampton Hilltop Hopkins Landfall Laudcrdale Lexington Lilydale *Tonka Bay Vermillion *Wayzata West St. Paul *Willernie * Loretto Woodland Woodland Maple Plain *Mayer Medicine Lake Mendota Minnetonka Beach Mound Mounds View *New Germany . The community's negotiated LCA goals call for the net addition of25 new affordable units or less bet\...·een 1996 and 2010. Group C. 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Carver County Government Center ! >- Administration Building 600 East Fourth Street .~ Chaska, Minnesota 55318-2158 CA&VER Phone (952) 361-1528 COUNTY Fax (952) 361-1536 <U:> '~~'b \) ~ , . 1L>'- ~Àt ~ i / DATE: November 16,2000 TO: Cities within Carver County FROM: RiskJEmergency Management SUBJECT: Infonnation on Outdoor Warning System Testing *************************************************************************** As you will recall, in past years in an effort to reduce undue wear and tear and minimize potential maintenance costs, we did not test the outdoor warning system (sirens) on the fIrst Wednesday of the month in the months of December, January, and February. This letter is to infonn you that we follow the same policy again this year. We will resume testing the system in March in preparation for the severe weather season. The fIrst Wednesday in March will be the next opportunity to check the system before the "beginning" of the summer severe weather season Thank you in advance for your time, cooperation, and understanding to help prepare for and respond to emergency events which may occur in our communities. If you have further comments, questions, or concerns please contact us at 361-1528. Affirmative Action/Equal Opportunity Employer Printed on 10% Post~Consumer Recycled Paper -~.._-~-