Administrative SectionAdministrative Section
Thank you card from the Chanhassen Rotary dated March 13, 1997.
Letter to Renee Studez dated April 4, 1997.
Letter to Elizabeth and Kristi Dudycha dated April 4, 1997.
Letter to Representative Tom Workman dated April 4, 1997.
Letter from Minnesota Department of Natural Resources dated March 31, 1997.
Letter to Greg Brown of BRW dated April 1, 1997.
Environmental Commission Agenda dated April 10, 1997.
Letter to David J. Moes dated April 1, 1997.
Letter to Property Owners dated March 31, 1997.
Letter to Joseph Maloney dated March 28, 1997.
Memo to Department Heads from Scott Harr dated March 26, 1997.
Second Alarm information flyer dated April 1997.
Letter to Ann Braden dated March 26, 1997
Letter to Jay Mitrani dated March 24, 1996
Carver County Sheriff's Department Area Report for period ending 2 -28 -97
Memo to Leslie Michel and Beth Hoiseth dated March 24, 1997.
Letter from Dale Geving dated March 21, 1997.
Letter to Todd Gerhardt dated March 20, 1997.
Chanhassen Environmental Commission Minutes dated March 13, 1997.
Memo to Todd Hoffman dated March 18, 1997.
197 February Festival Revenues and Expenditures.
1997 City Council Work Sessions.
7k,
10 C-
ov
zo
N
CITY OF
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
April 4, 1997
Ms. Renee Studez
2611 Orchard Lane
Excelsior, MN 55331
Dear Renee:
From a report made by a neighbor of yours, Mrs. Edith Livingston; I understand you and two
friends took it upon yourselves to clean up Herman Field Park. I would like to thank you for
your efforts.
Residents who are willing to chip in and help out with the City's spring clean -up are a valuable
resource. I congratulate you on being so civic - minded.
Keep up the great work!
Sincerely,
Todd Hoffman
Director of Park and Recreation
TH:gmb
pc: ✓ Mayor and City Council
Chanhassen Park and Recreation Commission
Don Ashworth, City Manager
Mrs. Edith Livingston, 2631 Orchard Lane, Excelsior, MN 55331
g: \park \th \Studez97
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
April 4, 1997
Ms. Elizabeth Dudycha
Ms. Kristi Dudycha
6451 Oriole Avenue
Excelsior, MN 55331
Dear Ladies:
From a report made by a neighbor of yours, Mrs. Edith Livingston; I understand you and a friend
took it upon yourselves to clean up Herman Field Park. I would like to thank you for your
efforts.
Residents who are willing to chip in and help out with the City's spring clean -up are a valuable
resource. I congratulate you on being so civic - minded.
Keep up the great work!
Sincerely,
C
Todd Hoffman
Director of Park and Recreation
TH:gmb
PC: ✓Mayor and City Council
Chanhassen Park and Recreation Commission
Don Ashworth, City Manager
Mrs. Edith Livingston, 2631 Orchard Lane, Excelsior, MN 55331
g: \park \th\Dudycha97
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Representative Tom Workman
335 State Office Building
St. Paul, MN 55155
Re: Minnesota Statute Sections 15.72 and 15.73 - Retainage on Public Contracts
Dear Tom:
Attached please find Pages 447 and 448 of the Minnesota Statutes containing Sections 15.72 and
15.73 which discuss retainage on public contracts. Section 15.73 is of particular concern to me as
an administrator of many large public improvement contracts. My experience in allowing a
contractor to deposit his or her funds in a bank or trust company of their choice as an alternative
form of retainage has been less than favorable.
First of all, the alternative retainage puts the general contractor in an advantageous position with
regards to negotiating final punchlist work items on a City project. Basically, one of the few
"carrots" or "sticks" that a governmental agency has to encourage a contractor to complete the
punchlist phase of a public contract in an expedient and timely manner is to hold retainage from
the payable amounts due. With the alternative retainage, the contractor already has his money
and is earning interest on these funds. The contractor no longer is concerned about the timeliness
of completing the punchlist. As an example of a yet to be finaled City project where the
contractor has exercised his right to this alternative form of retainage, the paving of the
bituminous wear course should have been completed in May or early June of last summer.
Instead, the contractor let the project sit until fall to finally pave the wear course. In addition, it
has been more than a year now since the contractor was first notified of dead tree plantings
(which have already been paid for a value of $8,000). The contractor promised they would be
replaced last summer. To date they still have not been replaced. Drawing on the contractor's
performance bond is not a valid option since the work was actually performed. Anyone who has
ever tried to draw on a contractor's bond knows that it's about as easy as pulling teeth.
The other concern that has been brought to my attention is the "double" interest that can be
earned. I have heard from some subcontractors who complain that the general contractor still
holds retainage from his subs even when he is exercising the alternative retainage with the City.
I am not certain how many contractors out there are aware of Minnesota Statute 15.73. I am
concerned that if more contractors become aware of this form of retainage and choose to exercise
April 4, 1997
Representative Tom Workman
April 4, 1997
Page 2
it, it could really be a major problem for governmental agencies. Subdivision 4 under Section
15.73 provides for public agencies to recover "costs" associated with this alternative retainage
method, however, the term "costs" is not defined. It is very difficult to quantify costs associated
with repeated phone call attempts, letters, and field meetings to try and get construction contracts
completed.
I would be more than happy to assist in any way possible to have Statute 15.73 amended to make
the playing field more level for both public agencies and contractors. One suggestion I have is to
allow public agencies and the contractors to agree upon the form of retainage prior to entering a
contract and not giving the sole option to the contractor. In this manner, if the agency and the
contractor could not agree upon the form of retainage to be used, then the agency and contractor
would not enter into a contract and the agency could then begin discussions with the next lowest
responsible bidder on the project.
If you get the impression that I'm really ticked off by this, well, you are probably right. Let me
know what you think, Tom, and call if you need anything (937 -1900, ext. 114). I appreciate the
help.
Sincerely,
CITY OF CHANHASSEN
L �� X �
Charles D. Folch, P.E.
Director of Public Works
CDF:ktm
c: Don Ashworth, City Manager
City Council Administrative Packet (4/14/97)
g:\en&harles\letters \workman.doe.
History: 1980 c 464 s 1
446
447 DEPARTMENTS OF STATE IN GENERAL 15.71
>ns so
GENERAL
ion of
ice of
15.61 UNEMPLOYED AND UNDEREMPLOYED; EMPLOYMENT BY STATE
AND OTHER GOVERNMENTAL UNITS.
eiving
Subdivision 1. The state of Minnesota, its departments, agencies, and instrumen-
:xcept
talities, and any county, city, town, school district or other body corporate and politic,
:lploy-
may employ unemployed and underemployed persons as defined in the federal Emer-
:nding
gency Employment Act of 1971, as amended, and Comprehensive Employment and
Training Act of 1973, as amended, pursuant to the terms of those acts.
s state
Subd. 2. The provisions of Minnesota Statutes 1969, sections 197.455 to 197.48
in the
and 43A.11 and any other law or ordinance relating to preference in employment and
promotion of persons having served in the armed services, the provisions of any law,
ection
rule, or regulation, the provisions of any city charter or any ordinance or resolution,
�ensa-
or the provisions of any other law or statute in conflict with the provisions of the federal
ury in
Emergency Employment Act of 1971, as amended, and Comprehensive Employment
�r any
and Training Act of 1973, as amended, shall not be applicable to the employment of
under
the persons specified in subdivision 1.
History: Ex1971 c 25 s 1; 1974 c 511 s 15; 1975 c 2 s 1; 1975 c 271 s 6, 1981 c 210
ntract
s 54: ISp1981 c 4 art I s 16; 1983 c 312 art 7 s 17,• 1987 c 384 art 2 s 4
�d and
as not
15.62 ATHLETIC LEAVE OF ABSENCE.
ted by
Subdivision 1. For the purposes of this section, the terms defined in this subdivi-
isions
sion shall have the meanings here given them:
ration
(a) "public employee" has the meaning given it in section 179A.03;
(b) "team" includes any group leader, coach, official or athlete who comprise the
e paid
official delegation of the United States to world or olympic competition.
15.51
Subd. 2. A public employee who qualifies as a member of a United States team
r per-
for athletic competition on the world championship, Pan American, or Olympic team
in a sport sanctioned by the International Olympic Committee, shall be granted a leave
1986
of absence without loss of pay or other benefits or rights for the purpose of preparing
for and engaging in the competition. In no event shall the paid leave under this section
exceed the period of the official training camp and competition combined or 90 calen-
as.
dar days a year, whichever is less.
f such
Subd. 3. If the public employee granted the leave is an employee of a school dis-
15.57
trict. university system or other political subdivision, the state shall reimburse the
nploy-
employer for the actual cost to the employer of employing a substitute.
History: 1977 c 354 s 1; 1979 c 208 s 1; 1984 c 462 s 27; 1984 c 544 s 3, 1984 c 642
S 8: ISp1985 c 17 s 7
ES.
15.71 PUBLIC CONTRACTS; SECURITY FOR COMPLETION OF PERFOR-
ANCE; DEFINITIONS.
IVIl
ncy a
n
Subdivision 1. For the purposes of sections 15.71 to 15.74 unless the context
Such
Such
clearly indicates otherwise, the terms defined in this section have the meanings given
ry and
irectly
them.
Subd. 2. "Public contract" means any purchase, lease or sale by a public agency
of personal property, public improvements or services, other than agreements which
are exclusively for personal services.
Subd. 3. "Public agency or "public contracting agency" means any agency of the
ti
state of Minnesota or any of its political subdivisions authorized by law to enter into
IDUS-
public contracts.
Subd. 4. "Public improvement" means any construction of improvements on real
)litical
property or highways by or for a public agency.
:nding
Subd. 5. "Retainage" means the difference between the amount earned by the con -
pursu-
tractor on a public contract and the amount paid on the contract by the public contract-
ing agency.
History: 1980 c 464 s 1
15.72 DEPARTMENTS OF STATE IN GENERAL
44.
15.72 PROGRESS PAYMENTS ON PUBLIC CONTRAC'T'S; RETAINAGE.
Subdivision I. Unless the terms of the contract provide otherwise, a public con•
tracting agency shall make progress payments on a public contract fora public improve .
ment monthly as the work progresses. Payments shall be based upon estimates of work
completed as approved by the public contracting agency. A progress payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
Subd. 2. A public contracting agency may reserve as retainage from any progress
payment on a public contract for a public improvement an amount not to exceed five
percent of the payment. A public agency may reduce the amount of the retainage and
may eliminate retainage on any monthly contract payment if, in the agency's opinion,
the work is progressing satisfactorily.
History: 1980 c 464 s 2
15.73 ALTERNATIVE FORM OF RETAINAGE.
Subdivision 1. At the option of the contractor, retainage shall be paid to the con-
tractor in accordance with this section.
Subd. 2. The contractor may deposit bonds or securities with the public contract-
ing agency or in any bank or trust company to be held in lieu of cash retainage for the
benefit of the public contracting agency. In that event the public agency shall reduce
the retainage in an amount equal to the value of the bonds and securities and pay the
amount of the reduction to the contractor. Interest on the bonds or securities shall be
payable to the contractor as it accrues.
Subd. 3. Bonds and securities deposited or acquired in lieu of retainage, as permit-
ted by subdivision 2, shall be of a character approved by the state treasurer, including
but not limited to:
(a) Bills, certificates, notes or bonds of the United States;
(b) Other obligations of the United States or its agencies;
(c) Obligations of any corporation wholly owned by the federal government; or
(d) Indebtedness of the Federal National Mortgage Association.
Subd. 4. If the public agency incurs additional costs as a result of the exercise of
the option described in this section, the agency may recover the costs from the contrac-
tor by reducing the final payment due under the contract. As work on the contract prog-
resses, the agency shall, upon demand, inform the contractor of all accrued costs.
History: 1980 c 464 s 3
15.74 EXCEPTIONS TO APPLICATION.
Sections 15.71 to 15.73 apply to all public contracts except those contracts in which
receipt of federal financing is conditioned on adherence to terms and conditions which
are inconsistent with sections 15.71 to 15.73.
History: 1980 c 464 s 4
15.75 CONTRACTS WITH REGIONAL ORGANIZATIONS.
Subdivision I. Purpose. The purpose of this section is to promote efficient and
effective delivery of government services throughout greater Minnesota by encouraging
state agencies to cooperate in the provision of services with a system of regional organi-
zations that have the capacity to coordinate state resources with resources of local gov-
ernment units.
Subd. 2. Authority. A state agency may contract with'a system of regional organiza-
tions in greater Minnesota for delivery of services not currently delivered at the
regional level on behalf of the state agency.
Subd. 3. Designation of service delivery area. For the purposes of this section, the
service delivery areas of the system are the challenge grant regions designated under
section 116N.08, subdivision 2.
`1/ t , r CC. ae(mn L
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155 -40
March 31, 1997
Charles Folch, PE
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Folch:
WATER EMERGENCY AND CONSERVATION PLAN APPROVAL
CITY OF CHANHASSEN
M0 POItIR
APR 02 1997
ENGINEERK DEPT.
The Department of Natural Resources (DNR) received the Chanhassen Water Sup and
Distribution Plan that was prepared in compliance with Minnesota Statutes 103G.291. This plan is
one of 317 water emergency and conservation plans that must be reviewed and approved by DNR.
Due to the limited number of DNR staff available to complete this enormous task, the DNR is
pursuing several alternatives to improve response time for review and approval of plans.
In the Twin Cities Metropolitan Area (TCMA) there are 109 plans that are being reviewed by
both DNR and the Metropolitan Council. To reduce duplication of effort, the DNR and
Metropolitan Council have agreed to use the Metropolitan Council's comments as the technical
input for plan approvals in the TCMA. This will allow DNR to devote more time on plans for
communities in greater Minnesota and hopefully lead to better regional coordination of water
emergency procedures and conservation practices in the TCMA.
The Metropolitan Council has completed its review of the Chanhassen Water Supply and
Distribution Plan therefore, the plan is hereby approved by the DNR. Water emergency and
conservation plans are required to be updated every ten years, but should be reviewed each year
to address items included in the implementation schedule and to assess the effectiveness of
conservation efforts.
Improving water use efficiencies may be a lower cost alternative compared to constructing new
wells or additions to water and wastewater treatment facilities. Please be aware that demand
reduction measures must be implemented (M.S.103G.291) before requesting approvals for new
wells or increases in authorized water volumes. Approval of your water emergency and
conservation plan will not satisfy this requirement unless demand reduction measures are
actually being implemented. Demand reduction measures must include a public education
program, an evaluation of your rate structure and its impact on conservation, and may include
retrofitting or other programs. If you are planning to construct a new well, please contact the
DNR for approval of demand reduction measures.
Thank you for your cooperation and water supply planning efforts to promote the wise use of
water. Please contact Travis Germundson at 296 -0512 or Jim Japs at 297 -2835 if you have
questions about your plan or conservation programs.
Sincerely,
DIVISION OF WATERS
C
Jo inc Stine, Administrator
Permits and Land Use Section
cc: Area Hydrologist Metropolitan Council permit file #81 -6089
DNR Information: 612- 296 -6157, 1 -800- 766 -6000 • TTY: 612 -296 -5484, 1 -800- 657 -3929
t
An Equal Opp,munity Employer A Printed on Recycled Paper Containing a
Who Value, Diversity �� Minimum of 10� /r Post - Consumer Wane
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
April 1, 1997
Mr. Greg Brown, Project Engineer
BRW, Thresher Square
700 Third Street
Minneapolis, MN 55415
Dear Greg:
Thank you for the proposal for engineering services at Round House Park. I found your report to
be comprehensive and easy to understand. However, faced with a tight budget, I have chosen to
seek other means by which to accomplish this work.
BRW has served the city's Park and Recreation Department well in the past. You can anticipate
additional inquiries in the future.
Sincerely,
Todd Hoffman
Director of Park and Recreation
TH:gmb
pc: Mayor and Council
Park and Recreation Commission
Don Ashworth, City Manager
Charles Folch, City Engineer
g:\park\th\BRWroundhouseLtr.
Environmental Commission Agenda
Thursday, April 10, 1997 at 7:00 p.m.
Work Session Meeting
Planning Department Conference Room
690 Coulter Drive
1. Decide on news articles
2. Community gardens - article in paper
interest
3. Summer projects - recycling brochure
4. General Discussion
5. Adjournment
Arbor Day Action List
• Members should arrive at event 11:00 a.m. to noon.
• Decide if meeting should be held on April 24
(No minutes from 3/27/97 meeting — there was no quorum — only 4 members attended)
& /plan /ec /agnd4 -10 -97
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
April 1, 1997
Mr. David J. Moes
6241 Near Mountain Blvd.
Chanhassen MN 55317
Dear David:
Thank you for submitting an application for a position on the City's Park and Recreation
Commission.
I would like to schedule you for an initial interview at 7:15 p.m., Tuesday, April 22 nd . Members
of the Park and Recreation Commission will conduct the interview. We will meet in the Council
Chambers at City Hall.
Please contact me if you are unavailable at this time. Again, thank you for your interest in
serving the City of Chanhassen.
Sincerely,
G
Todd Hoffman
Director of Park and Recreation
TH:gmb
PC: Aayor and City Council
Park and Recreation Commission
Don Ashworth, City Manager
gApark \th \MoesPRCommLtr
�1
1 f � iy✓ " � rI �•
�,sl
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
March 31, 1997
Dear Property Owner:
Attached please find the readvertised notice of the special Planning Commission public hearing
regarding a conditional use permit for American Portable Telecom and U. S. West New Vector
Group, Inc. and site plan review for a 135' monopole tower and equipment building located at
7660 Quattro Drive (Lot 3, Block 1, Park One 3` Addition).
The applicant has agreed to a continuance of their application with the condition that the City of
Chanhassen allows the applicant to test the site to see if it meets their needs. Temporary
antennas for test purposes are permitted by ordinance. In testing the site, the applicant will be
using a self contained portable cell on wheels (COW). This unit has a hydraulic tower which
will extend to 80 feet.
Should you have any questions, please feel free to contact me.
Sincerely,
Robert Generous
Senior Planner
RG:v
Mr. Carl Jullie, City Manger - Eden Prairie
Dr. Jean Harris, Mayor - Eden Prairie
Chanhassen City Council
NOTICE OF SPECIAL PUBLIC HEARING
CONDITIONAL USE PERMIT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Monday, Apri114,1997, at 6:00 p.m. in the Council Chambers in Chanhassen
City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of U. S.
West NewVector Group, Inc. and American Portable Telecom for a conditional use permit
approval to allow telecommunication towers at 7660 Quattro Drive, Lot 3, Block 1, Park One 3`
Addition and site plan approval for a 135 foot and 76 foot monopole tower, 12' x 24' equipment
building, and a six foot chain link fence on property zoned IOP, Industrial Office Park.
A plan showing the location of the proposal is available for public review at City Hall
during regular business hours.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Robert Generous, Senior Planner
Phone: 937 -1900, ext. 141
(Publish in the Chanhassen Villager on April 3, 1997)
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
March 28, 1997
Mr. Joseph Maloney
8690 Chanhassen Hills Drive North
Chanhassen MN 55317
Dear Mr. Maloney:
Thank you for submitting an application for a position on the City's Park and Recreation
Commission.
I would like to schedule you for an initial interview at 7:00 p.m., Tuesday, April 22 ° Members
of the Park and Recreation Commission will conduct the interview. We will meet in the Council
Chambers at City Hall.
Please contact me if you are unavailable at this time. Again, thank you for your interest in
serving the City of Chanhassen.
Sincerely,
CY'
Todd Hoffman
Director of Park and Recreation
TH:gmb
pc: /Mayor and City Council
Park and Recreation Commission
Don Ashworth, City Manager
gApark \th \Franks P RCommLtr
CARVER CTY H.R. F8X:1-612-361
CVR964 NWS126 MAR 26 1997 11:04:39
Mar 26 '97 13:46 P'03/03
MAR 26 1997 11:05:11 01/04
ZCZC MSPFLSMSP
TTAAO0 KMSP 261704 .
MNZ0543056~060
FLOOD STATEMENT TWIN CITIES/[�HAMHASSEN MN
NATIONAL WEATHE R SERVICE
,
1100 AM CST WED MAR 26 1997 FOR THE �EMAINDER OF THE WEEK AND INTO -~
WARMER TEMPERATURES ANT RISES ON MANY OF THE RIV�R�� IN
NEXT WEEK WILL CAUSE 51GNIFIC
SOUTHERN MINNES[)TA^EAR REDWOOD FALLS HAD A STA8E THIS MORNING OF 4'3
THE R�DWOOD RIVER NEAR
FROM YESTERDAY. FLOOD STA�E IS 6 FUT. WITH '
WEET^~~AO~5FOOTM ' HE REMAINDER OF THE WEEK—THE '
THE WHMp1 5 R TEMPERATURES
^
/R�DWVRES FORECAST FOR REDWOOD FALLS IS EXPECTED TO RISE TO ITS 6 F0V|
FLOOD STAGE TOMORROW~
�EDW[)O�RlVE� NEAR A POTENTIAL CREST NEAR 1? FEET IS ANTICIPATED
NEAR REDWOOD FALLS LATE THIS WEEKEND.-S/2 THIS
8N THE REDWOOD RIVER OT CAUSE S7GNIFIC`NT PROBLEMS FOR THE CITY OF
CREST STAGE S� Ou�u n ILL CAUSE INUNDATION OF SEVERAL ACRES OF
REDWOOD FALLS^^�o|� WILL
THE REDWOOD RIVER AND POSSIBLY SOME FLOODING
AGRICULTURAL LAND PAGE WAITING PRESS PA1
CVR964 NW5126 MAR 26 1997 11:04:39 MAR 26 1997 11:0057 02/04
NEAR VESTA MINNESOTA. 14 NEW ULM HAD A STAGE THIS MORNING OF 10^8
THE COTTONWOOD RIVER AT
FROM YESTERDAY. FLOOD ST��GE IS 11 FEWT^ THE
FE�T^^~A 0.9 FOOT FOOT RISE
U�M 1S EXPECTED TO RT8L AND ��REST NEAR 15 FEET
LATE THIS WEEKEND..3/��
COTTONWOOD R AT THIS FORECAST STAGE— ROADWAYS ALONG THE
COTTONWOOD RIVER MAY BECOME FLOODED. STAGE A STAGE THIS HORNING OF 6`S
THE MINNESOTA RIVER AT MONTEVIDEO HAD FLOOD STAGE 3S 14 FeET, RISES 0^4 FOOT RlSE� FROM YESTERDAY.
THE NEXT SEVERAL WEEKS—WITH A
ARE ANTICIPATED AT MONTEVIDEO DURING DUR OCu URR%NG IN EARLY To MID APRIL.
POTENTIAL [��ESTIYEO�R19 AT n HAD STAGE THIS MORNING OF 16'7
THE MINNESOTA RIVER
DROP FROM Ru YESTERDAY. FLOOD STAGE IS 17 FEET. TH�
FEET-A 0.4 FOOT
MNK� Tv '' `
HAS CRESTED NEAR 17.1 FEET AND SHOULD BEGIN
MINNESOTA RIVER * � CREST I EXPECTED IN EARLY TO MID APRIL.
TO FALL. A SECOND RISE AND DUS N2%�ATE A CREST NEAR 26 FE�EY.'BUT AN
CU��ENT POTENTIAL CREST VALUES
T �-
UPDATED POTENTIAL ��REST VALUE u HIS SECOND CREST WILL BE ISSUED ON
FRIDAY.
<�
`~
195
�
�
�
�
CARVER CTY H.R. Fax:1 Mar 26 '97 13:45 P.02/03
pf /��- '/_''- /o -e
74
-'—R rr°�t
NW��126 MAR 26 1997 11:04:39 MAR 2�
IS STAGE I� AFFE�CTED 8Y A LARGE D�BRIS JA M 0T2|�FEupu /»nH��.��WE~��A
E REA�IN� MAY BE /N�DRRECT.
FL. STA�E IS�/�v RI��^�N/ = "^� I~ _
� l}BKSON IS EXPECTED TO CONTINUE H �u� �� " ~'`^~roc'� `
VER AT H�N �T�m�ym r���� vu///r� runr'^�c
.R/ 1y BE, ^ c
T wTn 4pPr/ p
(�|/�n�HT��D pOTENT lAL C�EST VALU� WTLL
4R
7': 5. FE�T..BUT AN U�UHi
FRI DAY ^ AR JO��AN HAD � STA�E TODAY O� 23^7 F�ET`',A 7
0^
� MtNN�SO(� RIVER NE �LU(}D STAGE I�� 20 FEET~ THE MINNESOTA
8T RISE FROM YESTERDAY-CTED TO CON�1NUE A SLO� RISG ANU CRE�T IN
VEF� NEAR JORl}AN I" -Fl
p(}TENTIAL VALUE�� INDICATE A CRE!�T
RLy TO MID A�RIL^ CUK� NTIAL CF��ST yALUE 0I1-1- �E TSSUED
A� 30 FEET'.BUT AN UPDATE POTE
TDAY^ T SH�KOPEE HAD A STAGE TODAY OF 705.4 FEET..A 0-7
� MINNF�SO?A RIVER A � FL_OOD ST�GE
OT RIS�� FR[)M YEST TO �ON�%NUE A SLOW RISE. AND C�E�T 2N
VER AT � pOTEN_ CRL�ST VALUES IN�ICAT� A C�EST
/RLY TO rI1D A�RTL` CU p « �TE� pOTEN�I/�L C17�EST tl j 1 D
�HR 716 FEET..BUT AN U U
:IDAY^ NES��A F�IV�R AT �AVAGE HAO A STAGE TUDAY �F 697,7 FE�T..� 0.4 E��S p�1
[� m�n pAGE WAITIMG �'*
CVR964 NWS126 MAR 26 1997 11:04:39 MAR 26 1�97 11:07��5�
N
)OT RISE FL�OD STAGE 1S 6�8 FEET. TH� MI��SC ��E�
VE�R AT SAV�GE IS EXPECTED RF�A[�H FLOOD ND TOMORRUW
' SATURD��Y A POT�NT�AL CRES� IS EXPECTED I� �A�LY l �� ^UT
�RRE�NT PO� CREST VALUES INDI�ATE A C��ST N�A� 71' FE�T
� []PDATF�I) �OTENTIAL C��ST VOLUE� WILL- BE 1SSU�D F�IDAY.
��ENTIAL Cn OUT�OOK3 WILL 8E� 3SSUED FRIDAY MORN�NG F0R ALL
I CATIONS THAT HAVE A SIGN1FI(�ANT SNOWPACK PEMA1NING IN THE-IN RlVER
^) SINS. TH� OUTLOOK CAN BE OBTAIN-D THE INTERNET AT THE
]LLC)W1NG ADDRE'SS.,.
HTTP://WWW.CRHNWSCF�.NO�A.GOV/MPX/MPX.
�
END OF M��SAGE
~
`�
- 1 0 t, _/�
ee - N�
�d L r9
µ ��
econd Alarm
Volume 2 Issue 1 April 1997
FIRE MARSHAL FIRE INSPECTOR
C onstruction Updates - St.
Hubert's - The gym walls
are up and the roof is done. Most
of the steel erection is done.
Footnote : If we get either a
medical or fire call to the
construction site, keep in mind
access may be difficult , if not
impossible, due to mud conditions.
Plans just came in for a 26,000 sq.
foot office warehouse in the
industrial park.
New Post Office Annex - Roof is
on and done, the floor should be
poured in the next few weeks as the
frost comes out of the ground.
Father Time Daycare formerly
located at the 7 & 41 Shopping
Center has closed. A company
called The Young America Corp.
will be moving in.
The Fire Dept sprinkler connection
for Filly's and Chan Bowl has
been temporarily relocated. The
connection is on the west side of
the alley between Metro Maytag
and the old Animal Fair building.
Chanhassen Veterinary Clinic -
Phase 2 of their remodeling is
under way. They should be done
with all work in the next couple of
months.
"Construction Alert" -The
bar /lounge addition to the Country
Suites Hotel is at a vulnerable stage
at its current construction level.
Cont. on page 4
I nspections - Currently I am
conducting inspections of the
restaurants in town. Soon I will be
conducting inspections of the large
restaurants and start on the
industrial buildings. I would like to
include firefighters on these
inspections. Some of you have
expressed an interest in taking the
fire inspection course at Hennepin
Tech. If you wish to go on
inspections, please let me know.
Training - With the arrival of the
new trucks we will also be
conducting drivers training in the
month of April. This training will
include a hands on driving course
which meets the NFPA 1002
Driver /Operator Standard. Also,
we will be conducting a table top
discussion on code 3 driving.
Please bring any questions you
have concerning this issue. This
month our new firefighters will be
attending their Firefighter I class
with Minnetonka Fire Department.
Cont. on page 4
QUICKIE QUIZ
1 When dealing with a broken fire sprinkler head or pipe,
which valves must quickly be opened and closed?
2 If there is a broken sprinkler main or head, where will the
water go?
3 When properly draining a fire hydrant, you cup your hand
over the 2 % outlet. What should you feel if its draining
properly?
Answers on page 4
N
2
Public Safety
Director:
LIGHTS OR SIREN?
Questions have been raised
about when lights & siren are to
be used. While the Fire
Department's Operational
Guidelines Manual 3.4.3(10),
page 3 -7, states that "...lights
and siren shall be curtailed prior
to arriving at the scene when
practical. On a medical,
emergency lighting shall be shut
of to avoid further trauma,
confusion, and disruption of the
scene and surrounding area.:
Remember, these are guidelines,
do not supersede state statutes
on point. MN Statute Chapter
169.03, subd. 2, permits
emergency vehicles to proceed .
through stop signals & signs
after slowing down as necessary
for safety, but requires the use
of red lights and siren. Section
169.17 permits emergency
vehicles to exceed the speed
limit when responding to calls,
but requires the use of siren and
red light(s). Section 169.20
(right of way) requires drivers
to yield the right of way when
an emergency vehicle is using
siren and red light(s).
The bottom line is that if an
accident occurred and we
weren't adhering to the law
requiring use of lights and
siren. we would be liable.
Are there reasonable
exceptions? Practically, sure.
By the letter of the law, no. So
what we expect is discretion to
be exercised by the driver.
There may well be reasons for
shutting down prior to arrival on
scene, but bear in mind that
should an accident occur, all of
us will be scrutinized.
Rescue Officer:
THE PRIMARY SURVEY
Our primary function as First
Responders is to keep patients
alive by establishing and
maintaining airway, breathing
and circulation. The Primary
Survey gives us a framework
for performing this function in
as safe an environment as
possible for firefighters,
onlookers and patients.
Now that many of our
firefighters have completed
First Responder Refresher, I'd
like to review the Primary
Survey so that we're all
operating "off the same page"
on medicals.
I - I.C. Establish Incident
Command prior to arrival.
2 - S.S. Scene Safety
immediately upon arrival and
ongoing.
3 - B.S.I. Body Substance
Isolation precautions. Gloves?
4 - C -Spine Immobilize C-
Spine if trauma suspected.
MOI? Collar?
5 - L.O.C. Determine Level of
Consciousness. AVPU?
6 - A Airway? Is oral or nasal
airway required? Suction?
7 - B Breathing? Rescue
breathing? Oxygen?
8 - C Circulation? Chest
compressions? Arterial
bleeding?
Second Alarm
If you become distracted,
confused or are ever in doubt
about what to do next, return to
A,B,C's.
When you make initial contact
with a patient and they greet
you by saying, "Good
Morning! ", you've established
A,B,C's and your primary.
mission is essentially
accomplished.
Extra Credit: What do these
mean and where are they used?
AVPU, MOI, PPV, SOB, NRB,
AED
Quartermaster:
The Mightiest Firefighter of
Them All
Not too many years ago, the
Firefighter with the most ash,
smoke, and soot on his or her
Turnout Gear was perceived to
be "The Mightiest Firefighter of
Them All ". Firefighters would
not wash their gear until it
would stand up in the locker by
itself or you found green furry
things growing on it. In recent
years Fire Departments have
discovered that the ash and
smoke residue that gets into the
fabric of Turnout Gear contains
a number of toxins and
carcinogens. All of this ethyl -
methyl -nasty -stuff can be
absorbed through the skin of the
Firefighter and ultimately has
the potential of causing some
very serious health problems.
The moral of this story is `Keep
your personal protective
equipment clean'. The best way
to wash Turnout Gear is to
separate the lining from the
outer shell and place it in a
K
mesh bag. (There are two mesh
bags hanging on hooks behind
the wash machine). To remove
ash, soot, or blood, wash the
clothing in regular laundry
detergent. If you have grease or
oil on the fabric, the
Quartermaster has a special
solvent -soap to remove it.
Never, Never, Never use bleach
when washing Turnout Gear. It
destroys the fire resistant
fabrics. After washing, air dry
the clothing or use very low
heat in the dryer and only
partially dry it. Keep the
clothing or use very low heat in
the dryer and only partially dry
it. Keep the clothing in the
mesh bag if you put it in the
dryer. If you would like more
information on the care and
feeding of PPE, there is a
publication kept on the
Quartermaster's desk.
Nomex Hoods
Last Spring, I tried to par broil
myself at a fire in Excelsior.
Steam from the fire rolled back
over me. I received second
degree steam burns on my left
shoulder, and I awarded myself
the sobriquet `Scorch'. In
addition to Firefighter stupidity,
one probable cause of this
incident may have been the cape
portion of my Nomex hood did
not adequately cover my neck
and shoulders. With that
unpleasant experience in mind, I
have ordered a couple of hoods
with extended capes for
evaluation. If you are interested
in trying out one of these hoods,
contact the Quartermaster.
Chiefs "Corner"
My thanks to Mark and Greg
for their initiative and effort in
putting together SECOND
ALARM. This is a great
newsletter and an excellent way
to improve communications.
A special welcome to our six
new members. I trust you will
do your best to make them feel
welcome. Companies 2, 3 and 4
each received two new
members. Each new member
has been assigned a
mentor /buddy to assist them in
training and assimilation into
our department. A riew roster
should be available very soon.
Officers for 1997: Captains:
Hayes, Theis, Wolff, Wing.
Lieutenants: Gregory, Murphy,
Alcott, S. Anding. Training:
Rice. Rescue: Atkins. Asst.
Rescue: Slater. Engineer /Sec:
Geske. Asst. Eng: Theis.
SCBA: Ward. Fitness:
Brennan. Qt. Master:
Smallbeck. Bldg: Wiborg.
"Never have so few done so
much for so many ". Hats off to
our truck committee with
special mention to Bob Moore
and Bob Halverson. The efforts
of these two members will have
a profound effect on this
department's future. Make an
effort to say thanks. Now, if
they will just do one more
truck!
Building Use/Rental, a
reminder: The lounge and
kitchen are for rent and /or use
by ACTIVE and RETIRED
members only. I want to
remind everyone that the active
or retired member MUST BE
Second Alarm
PRESENT DURING THAT
USE. Signing up for Aunt
Clara is not allowed.
Speaking of building use! Let
me comment on the first crisis
of 1997, POPCORN. Steve
Ward donated his time to
procure us a new popcorn
machine. Popcorn is oil and
easy to drop. How do I know?
We are finding it all over the
station. Rather than restrict its
use to the lounge, I have a great
solution; pick up and police
yourselves. If everyone will be
more cautious, vacuum and
sweep if necessary, it may not
be necessary to "fence its
enjoyment ". Captains, if you
note the station in need of
housekeeping, please assign one
member to cleaning duties
during weekly truck checks.
1997 was a very Safe Year!
That statement reflects in our
training, equipment and your
year long use of good judgment
and common sense. One quick
comment to ALL DRIVERS:
Consider the area in and around
both stations, a school
playground, with the possibility
of children popping up at any
time. Exit the station and street
with great caution. Every driver
should envision a STOP SIGN
exiting the station and again
prior to entering the street. No
jackrabbit starts. As has been
mentioned many times, as a
courtesy to our neighbors,
curtail all siren use until clear of
the station.
I have tried to make members
wishes come true. Exercise
equipment, trucks, helmets,'etc.
Now I have a wish. I believe
F,
0,
that we should identify
ourselves better. I would like to
letter the trucks with FIRE
RESCUE. What size, color
does not matter at this time. At
the business meeting, I will
review my position and then put
the issue to a democratic vote.
The majority will rule!
An old adage: "Are you part of
the solution or rather part of the
problem ". As the year goes, we
may at a given point, need to
ask ourselves that question.
Problem? Nothing is cast in
cement. Give me, Bob or Dick
a call.
On behalf of the Fire Board,
thanks for your continued
support and teamwork. Here's
to a great 1997.
Attention Chanhassen
Fire Department
Retirees!
Hopefully, you've received
your copy of the "2n' Alarm"
newsletter. This will be a
monthly newsletter mailed out
to all current and retired
Chanhassen firefighters. There
will be articles regarding
training, construction projects,
rescue, upcoming dates and
events, and general fire
education information. Now we
would like to hear from you and
what you're doing. If you leave
Chanhassen for warmer climate,
let us know; if one of your
children gets married or there is
a new grandchild coming, let us
know; or if you are retiring
soon, let us know. You may
submit something in writing,
give a quick phone call, fax, or
leave a message on my voice
mail. You'll be hearing from
us. Hopefully, we will be
hearing from you. Mark Littfin,
Fire Marshal, 690 Coulter
Drive, Chanhassen, MN, 55317,
phone: 937 -1900 ext. 132, fax:
934 -2524.
Old Wives' Tales
"There's a hole in the floor, so
it must be an arson." Burning
liquid accelerants may leave
telltale evidence of their
presence in the form of burned
holes in a combustible floor.
But, liquid accelerants aren't
the only substances that lead to
burned holes in a floor. Air
infiltration can contribute to
holes burning through floors
immediately inside doors and
windows.
Holes often form in the floor of
mobile homes when particle
board flooring is soaked during
extinquishment and then
collapses under the weight of
debris - or even firefighters.
Many other circumstances help
create burned holes as well.
Fire Trivia
Fire Facts: Fire kills more
Americans than all other natural
emergencies combined,
including floods, hurricanes,
tornadoes, and earthquakes.
Fire Facts:
• Most residential fires occur
between 5 & 8 p.m.
Second Alarm
• Most residential fire- related
deaths occur between 2 & 4
a.m.
Heating equipment fires are
the second leading cause of
fire- related deaths.
Fire Marshal cont. frompg.1
As of today its all open wood
frame construction with NO fire
protection. If there was a fire it
could be a second "Fawn Hill"
fire, except this time its attached
to a hotel.
Fire Inspector cont. from pg.1
Also, Minnetonka Fire ,
Department has expressed an
interest in training together on
some of the day training
sessions. This will be discussed
with the day group. If you have
any questions, please let Rick or
myself know. Thanks.
Quickie Quiz Answers
1. Close the supply line (i.e. PIV,
OS & Y or butterfly - and open the
Main drain.
2. Everywhere!
3. You should feel suction on your
hand - this indicates the hydrant is
draining.
CONGRATULATIONS!
TO: Greg & Colleen Weber on the
new arrival of a baby girl, Chloe
Marie, born on Weds, 3/19/97 at
8:30AM.
AND
TO: Joe Brennan and Richelle on
their recent engagement.
BEST WISHES TO EVERYONE!!
N
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Ms. Ann Braden
Metropolitan Council
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101 -1634
Re: Right -of -Way Acquisition Loan Fund, Lakeview Hills, LLC, Minnesota Department of
Transportation parcel number 74
Dear Ms. Braden:
The City of Chanhassen, Minnesota hereby makes final application for the use of Right -Of -Way
Acquisition Loan Funds (RALF) for the advanced acquisition of a parcel of land within the Highway 212
corridor. The City Council has authorized the execution of the purchase agreement and loan agreement
at their March 10, 1997 meeting. The total amount of the requested loan is $1,896,000.00.
Land purchase:
$1,885,000.00
Legal fees and title insurance:
$3,500.00
Recording and Closing Fees:
$500.00
Update 1996 Phase I Audit:
$900.00
1997 Prorated taxes:
$6,100.00
Total: $1,896,000.00
Please advise me if additional information will be required of the city. Upon approval and execution by
the Metropolitan Council of a final loan agreement, the City will close on the purchase of the property.
Sincerely,
Robert Generous
Senior Planner
c: Mayor and City Council
Attachments
1. Location Map
2. Parcel Map
3. Appraisal Certification
4. MNDOT Administrative Settlement
5. Purchase Agreement
6. Draft Loan Agreement
March 26, 1997
Mwm7m W1
O O
O O
W to
CD m
"
SUSAN
LAKE
W -8100
Q
a
Z 8200
w
ll
(C
1 Qlvv
I
vIU 8800
9200
9300
W-WIT
1.;7 ���• ,�- ,o"�sra•G..r.•:0.��.... w �•y•��.,,� ^^'S:,._...•..+y.�. ra.r::.r..
!•.U:i..M •}.;t.a:. > .; C rla. rLtih.�i>�S.Xi 'a�.i':u+�:.. i •i�Ys �:.c ✓dF�'. Y,.. �•.. 'r.° .. .. �:+ _
tt / !'7Y!f /': - { ^.e,•]ef. •� w. .��.,, r _
6' id,' Y .`3 iM1• t a' y :>... ti.: ;..x.+ieL= s::.:'�Is.7;:::,.�:�. �...�_._...._.. _.. _._.. `� •• ...
zm
1 ��':7::ii �;et '?fs.Y+' .��,�� • ^.Lr"':.' q ;. •�„'.�S .�.:� �T^.:Z^µ^.,�:.� �'T ^1'c ?�c �.l: :.'':.'�" • :.Mi�'��t
�s: cte : - - -- — — a F..;:v, d: as�r. r.+. e..:: d. 8. r:....,. s: �' c. 3e_ i;.•:. nk_. .......'e:K�:stii.. >_........... :.'�.:..
�.s :;�)";'x�" �'r:� go'7st ,;::�i �Yn"+���i3,' .'.+_'•__•. ...:....*.'''W`.•xc:a•',r. �.�•.. . :.-r
I: IT: �b: e: L: Lr.: d.. lY� :i1::t1tiG f.�...'Q.U:.� "K.YIn.� ._: ?S+i:•�AL✓ ��. :..«��t:Y ^x;�tf vlt5 +:i'..3:c:.ti ......._.�r..:
C�''_- ` :s��' 4 i; : =:u_ `s_��r "::- czar .;- :_.�.:. .....': =•�.�
.. � � :_ ........R,:...:..... _.. Land'.Sunieying : _.......
M lt3L...... �'a+.'L 1. 11. >lt1`.- .aC::;
Ron Krueger
1� Associates, Inc.
5301 Edina Industrial Blvd.
Edina, Minnesota 55439 -2924
(612) 831 -2989
(612) 831 -3093 FAx
February 29,1996
EXISTING PROPERTY DESCRIPTION
All that part of the Northeast Quarter of the Northeast Quarter, and Government Lot 1,
of Section 24, Township 116, Range 23, and the Southeast Quarter of the Southeast
Quarter of Section 13, Township 116, Range 23, which lies east of a line drawn 641.67
feet west of , measured at a right angle to and parallel with the east line of Northeast
Quarter of the Northeast Quarter of Section 24, Township 116, Range 23 and its
extensions.
i PROPOSED T.H. 212 RIGHT-OF-WAY ACQU IS ITION ITION DESCRIPTION
That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township
116, Range 23 lying southerly of 'Line A' and northerly of 'Line B". Said 'Line A" and
"Line B' are described as follows:
i "Line A"
{ Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter
distant 81.52 feet south of the Northeast comer thereof; thence westerly, deflecting to
the right 85 degrees 25 minutes 52 seconds a distance of 665.50 feet to a line drawn
641.67 feet west of, measured at a right angle to and parallel with the east line of said
Northeast Quarter of the Northeast Quarter and said line there terminating.
"Line B"
Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter
distant 386.74 feet south of the Northeast corner thereof; thence westerly, deflecting to
the right 77 degrees 37 minutes 49 seconds a distance of 656.92 feet to a line drawn
641.67 feet west of , measured at a right angle to and parallel with the east line of said
Northeast Quarter of the Northeast Quarter and said line there terminating.
t
PROPOSED 1 PLANDM/ETLAND PAR EL DE RIPTION
All that part of the Northeast Quarter of the Northeast Quarter, and Government Lot 1,
r of Section 24, Township 116, Range 23, and the Southeast Quarter of the Southeast
Quarter of Section 13, Township 116, Range 23, which lies east of a line drawn 641.67
feet West of , measured at a right angle to and parallel with the east line of Northeast
Quarter of the Northeast Quarter of Section 24, Township 116, Range 23 and its
extensions, lying northerly of the above described "Line A".
M "M Lee or :.: • _ . • r {ti `�i %a.i" •:.t t' i .;C.
soVn cAaTM or ST Ola r 9 sT *A"" or •'.V•` •` :.� .(}'� - �w �. ;: ' • •
RNRZ U CMWt CO<M ►, w U to w 11 •
L 'LAND /WETLAND p,AR
aI),3Jp SF./213 Ar -
�h 3
TK MDRTM UC or Gd
=a"rae or TK � "uene�sr l
h�=
h
d
n
b�
a
�b
h�
gal
K {4 W . a �
NDRT 1TM TCASI OjMrpq or r- Lor 1
IXJ�R- a SCCTIDN 24
part 6f t
Of SQCUOn s Amer of Sect1
feet west of : m
oueiter of mi.;
. Oxten siorls,'K;
That pen of ptj
enpe �
.116. R23 f
'Una 8' are dust;
1Jns A• : ,- at a PO
dst+ntt E�1.52 fah
tbs light 65 dogia
64 t.67 feet west t
Ndnhettst ouarter
7Jne B•
Bepmrtinp at a polr
giant 386.74 tact
6 IN 119M
feet Mresst of
f onheast
That part of the tJo
116, Ran9v 23 Mn
•L1M B' •' .
Aff Mal pert of I
Of Section 24. Ow ner of Sect
feet west Of me
ousner of the No
ertensions, Vn9 no
i
i
,STATE OF MINNESOTA
URBAN PROPERTY REVIEW ANALYSIS
DEPARTMENT OF
TRANSPORTATION
PARTIAL TAKING
S.P. 1017 (212 =12) 902 COUNTY Carver AREA & JOB NO. 5 8080 PAR. 74
FEE OWNER Lakeview Hills Inv. Co. PROPERTY ADDRESS 8800 Lk. Riley Blvd.,
Chanhassen, Minnesota
Appraisals by: Richard Marks 10/3/96 Terrence Johnson 7/18/96
VALUE BEFORE TAKING
($8,100 /unit)
20.1 ac/ $64,478 $ 1,225,000
10.0 ac/ 4,000 40,000
Land Value
Wetland
improvements Well house &
2 wells
Landscaping
ac/ $
sf/
$ 90.000
TOTAL 30.1 ac. $ 1,355 $
-----------------------------------------------
VALUE AFTER TAKING
Land Value 4.3 ac/
sf/
Remaining
Improvements
Landscaping
$ 205.000
ac/ $
sf/
$
TOTAL
$ 205.000
$
-----------------------------------------------------
TOTAL DAMAGE
$ 1,150,000
- -
$
- - --
------------------------------------------
TOTAL TAKING
ALTERNATE COMPUTATION
Subdivision Analysis -
DCF
Land Taken 15.8 ac/ 564,478
$ 1,020.000
Gross Sales -44
lots$ 4,638,000
10.0 ac/
4,000
40,000
Expenses
2,625,567
Improvements
Cash Flow
2,012,433
Taken Well house
& wells
$ 90,000
Present Value
$ 1,649,846
Landscaping
$
Discount - 11%
Severance
$
Absorption -33
months
Access
$
Other
$
TOTAL DAMAGE $ 1,150,000.00 $ 1,650,000-00
------------------------------------------------------------
The recommended estimate of market value as of October 3, 1996 unencumbered,
is $ //S O C�c74,yo Value or damage estimate certified by:
Rd iew Appraiser
Parcel 7�
Appraisal Supervisor Date /e - % e- `1 c
REVIEW APPRAISERS CERTIFICATION
CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF:
- the facts and data reported by the review appraiser and used in
the review process are true and correct.
- the analyses,'opinions, and conclusions in this review report
are limited only by the assumptions and limiting conditions
stated in this review report, and are my personal, unbiased
professional analyses, opinions, and conclusions.
- I have no present or prospective interest in the property that
is the subject of this report and I have no personal interest or
bias with respect to the parties involved.
- my compensation is not contingent on an action or event
resulting from the analyses, opinions, or conclusions in, or the
use of, this review report.
- my analyses, opinions, and conclusions were developed and this
review report was prepared in conformity with the Uniform
Standards of Professional Appraisal Practice.
- I personally inspected the subject property of the report under
review 5 -30 -96
- I also visually inspected the applicable comparable sales, and
made further investigation when considered necessary.
- no one provided significant professional assistance to the person
signing this review report.
- The appraisal(s) meet(s) the requirements of the Uniform
Standards of Professional Appraisal Practice and the Appraisal
Specifications of the Minnesota Department of Transportation, unless
noted in the review comments.
view Appraiser
to %0 —/'?-
rtified Appraisal of $ UC�O.
rector of Right of Way and Surveys
VIEW COMMENTS: Subject site is a rectangular shaped piece of vacant land
ich extends south from Rice Marsh Lake with a width of 660 feet and a
ngth of 1,939 feet containing 30.1 acres. The north 10 acres are in the
ke with an elevation at that point of about 874 feet with the topography
sing to the south to 925 feet which is the approximate center of 9.5 acres
upland. The terrain then slopes downward to a general elevation of 908
et on the southern half of the property. The north half is heavily wooded
th hard and soft wood trees and the south half is open with scattered trees
d a ground cover of bushes and grass. Rice Marsh Lake is an environmental
ke not a recreational lake. The only improvement is a 32 foot by 16 foot
^rete block building which houses two 470 foot deep wells and two pumps.
serves the Lakeview Hills Apartment building which is adjacent to the
south of the subject and has the same owners. The apartment building is not
part of this parcel and was not appraised. City sewer and water are available
to the south from Lake Riley Boulevard through the apartment complex.
The zoning is R 12, Residential High Density which permits townhouses, two -
family dwellings and multi - family. The Comprehensive Guide Plan also
specifies high density residential development.
The appraisers have submitted dissimilar values with Mr. Johnson at
$1,650,000 and Mr. Marks at $1,150,000. The principle reason is the highest
and best use with Mr. Marks values based on a multi- housing use which
complies with the zoning and Guide Plan. In addition Robert Generous Senior
Planner at the City of Chanhassen stated it is unlikely the planning
commission or city council would approve a change in zoning to single family
residential. A.compelling reason is the city of Chanhassen made a commitment
to participate in affordable housing under the Livable Communities Act
wherein a municipality would be eligible to receive grants and loans from the
Metro Livable Communities Fund or polluted site clean -up funds from the
Minnesota Department of Trade and Economic Development. Chanhassen has a
limited amount of high density zoned land for this commitment and hundreds of
acres designated for single family residential so a decrease in supply is
highly unlikely. The owners also approached the City in 1989 and requested
approval on a concept plan for multi - family units on the subject but were
turned down because of the Th 212 Project.
Mr. Johnson did a subdivision analysis with information supplied by RLK
Associates - architects and planners who did a Single Family Subdivision Land
Use Analysis report. This was supplied to the owner's appraiser Pete LaSalle
and Mr. Johnson and Mr. Marks. The report also cited the Shoreland Management
overlay zoning on the subject property as a reason for not using a high
density use. This zoning has constraints of one sort or another on both high
and low density but does not prohibit either. For the reasons above Mr.
Mark's considered the report but did not use it. Mr. Johnson used the RLK
report with a zoning change from High Density Residential to Single Family
Residential with 6 lakeshore lots at $162,000, 13 golf view lots at $120,000
and 17 interior lots at $90,000 and 8 south lots at $72,000. The gross sales
less expenses were discounted over 33 months at 11 o for total damages of
$1,650,000. It should be noted he did not allocate any damages for the well
house in the acquisition as Mr. Mark's did.
Mr. Mark's value on high density land was based on 8 units per acre x 20
usable acres =160 units x $8,100 per unit = $1,296,000 less cost to extend
utilities to the site of $71,400 = $1,225,000. The 10 acres of wetland was
valued at $4,000 per acre for a total of $40,000 for a total land value of
$1,305,000 plus the cost of the well house and pumps depreciated value per
Marshall Swift of $90,000 = $1,355,000 total before value. The after value
was based on 8 units per acre x 4.3 acres = 34 remaining units at $8,100 per
unit = $275,000 less cost to extend utilities to the site of $71,400
= $205,000 R. Mr. Johnson was of the opinion that the 4.3 acre remainder
should be purchased because it was an uneconomic remainder while Mr. Mark's
opinion was it had value as a site or assembled to the adjacent southerly 10
acres that has the apartment unit on it. This remainder accounts for
additional differences between the appraisers.
f
Zn my opinion Mr. Mark's estimated value is reasonable and recommended fcr
certification.
Minnesota Department of Transportation
Office of Traffic Engineering
°F Mail Stop 725
1500 West County Road B2, Suite 250
Roseville, MN 55113
February 21, 1997
Mr. Robert Generous
Senior Planner
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
SUBJ: S.P. 1017 (212 =12) 902
Parcel 74 - Lakeview Hills Investment Company
At 8800 Lake Riley Blvd. In Chanhassen
RALF Acquisition
Revision to Administrative Settlement
Dear Mr. Generous:
612 -582 -1041
This letter provides clarification to the January 24, 1997 correspondence I addressed to you concerning
the administrative settlement reached on the above captioned parcel. Based on your review of the terms
of that agreement, there were flaws in the composition of the proposal. After further discussion of the
facts disclosed at the December 19, 1996 meeting held with Steve Liefschultz and Len Levine with
those individuals on February 19th, I will reconstruct the package and recommend the earlier agreed
upon compensation of $1,885,000.
At the December 19th meeting, we discussed two potential development scenarios, establishing land
value at either $6,000 per unit at a density of 12 units per acre or $5,000 per unit at a density of 16 units
per acre. Mr. Liefschultz reminded me of the written commitment made by Mark O. Senn of the City of
Chanhassen allowing 16 units per acre, so we started with the assumption of $80,000 per acre of
developable property. At 16.45 acres of land being acquired, the base line figure is $1,316,000. To this
base, we added the $100,000 for the ten acres of wetland acquired, plus $290,000 for the water line
related damages (including the sealing of the well, construction of the new water line and the various
connection charges). The final component of the transaction deals with the severance sustained by the
4.3 acre remnant being retained by the owner. At $80,000 per acre, this tract had an indicated before
value of $344,000. The appraisers had opinions of after value ranging from $150,000 to $205,000,
resulting in severance damages of $139,000 to $194,000. To resolve the issue, I offered to split the
difference, which resulted in an offer of $166,500. Using that figure, the gross settlement would have
been $1,872,500.
As I indicated in my January 24th letter, Mr. Liefschultz was unwilling to accept that offer, pointing to
numbers in excess of $2 million. Due to the deteriorating health of some of the partners in the
corporation as well as the desire to avoid litigation if possible, we did reach a settlement of
- - mo!( _
Mr. Robert Generous
February 21, 1997
Page two
$1,885,000 on January 16, 1997. There is no doubt that the increase of $12,500 beyond the offer
would be easily absorbed in court costs.as well as interest payments and the potential for an award in
excess of the agreed upon figure. In conclusion, I stand behind the terms of the original settlement and
hope that this letter corrects the mathematical and conceptual errors contained in the original
recommendation.
Sincerely,
���i Sfnsyst.r��
Karl F. Rasmussen, Director
Office of Traffic Engineering
cc: L.W. Levine - LWL and Associates
o N ' Minnesota Department of Transportation
F Office of Traffic Engineering
Mail Stop 725
1500 West County Road B2, Suite 250
Roseville, MN 55113
January 24, 1997 -
Mr. Robert Generous
Senior Planner
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
SUBJ: S.P. 1017 (212 =12) 902
Parcel 74 - Lakeview Hills Investment Company
At 8800 Lake Riley Blvd. In Chanhassen
RALF Acquisition
Administrative Settlement
Dear Mr. Generous:
612 -582 -1041
This letter is in follow -up to our recent telephone conversation concerning the proposed RALF
acquisition of the above cited parcel for the future construction of Trunk Highway 212 through
Chanhassen. As you recall, three appraisals were prepared to estimate the fair market value of the
proposed taking, Richard Marks (certified) at $1.15 million, Terrence Johnson at $1.65 million and Pete
LaSalle at $2.115 million. In addition to these findings, the owners presented additional information
which resulted in a damage figure of $2,617,800. Due to the extreme variation of valuation
methodologies employed in this taking, I met with Steven Liefschultz and his representative, Len
Levine, on several occasions, in an effort to reach a solution which would avoid the initiation of an
eminent domain action. This was a desired outcome due to the advanced age and declining health of
two of the partners in the investment company. I have continued this communication subsequent to my
assignment to the Office of Traffic Engineering in late December.
Two of the key issues which surfaced during negotiations were the development density which the City
would allow on the subject, as well as the application of comparable sales which were not directly related
to the proposed use of the property. There was considerable debate over whether the City would allow
249 or 332 units to be built on the subject, with the agreement made that 249 was the most likely
alternative. After considerable discussion, we agreed that a land value of $6,000 per building unit would
best reflect the current market conditions (a similar development in Woodbury has been constructed at this
price). Once this core issue was resolved, it was necessary to address the land value of the wetlands being
acquired as well as the severance damage attributable to the remnant being retained by Lakeview Hills
Investment. Based on recent Mn/DOT experience, I proposed a value of $100,000 for the wetland area
being acquired, with $150,000 in damages sustained by the remnant. Based on these assumptions, I
proposed a settlement of $1,744,000 to consummate the transaction. Mr. Liefschultz was unwilling to
accept that figure, citing
Mr. Robert Generous
January 24, 1997
Page two
other damages and costs outlined in his original statement. He countered with a number slightly in excess
of $2 million and after recognition of the mutual desire to close the transaction immediately, an agreed
upon figure of $1,885,000 was reached on January 16, 1997.
In view of the documentation which I& Liefschultz furnished during the series of meetings, I felt
comfortable with the $1.744 million figure established above. However, it is my opinion that the
compromise settlement of $1,885,000 is in the vicinity of a probable commission award. Acceptance of
this figure by the City negates the need for the filing of an eminent domain action, compensation of fees
and professional expenses as well as potential interest costs and the like. I recommend to the City of
Chanhassen that the transaction be consummated at the recommended total compensation of $1,885,000.
Sincerely,
Karl F. Rasmussen, Director
Office of Traffic Engineering
cc: L.W. Levine - LWL and Associates
bcc: M.H. Linzie - MS 630
G.E. Lober / A.E. Ridell - MS 630
K.O. Slater / D.K. Pearson - Waters Edge
M.F. Strapp / J.A. Callahan - MS 633
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT (the "Agreement ") made and entered into this day of
1997. by and between the CITY OF CHANHASSEN, a municipal
corporation under the laws of the State of Minnesota, with offices at 690 Coulter Drive,
Chanhassen, Minnesota 55317 (referred to herein as the "Buyer "), and LAKEVIEW HILLS
LLC, a Minnesota corporation, with offices at 7630 West 78th Street, Bloomington,
Minnesota 55439, and its successors, or assigns (the "Seller ").
WITNESSETH THAT,
WHEREAS, The Land as hereinafter defined included in the Subject Property as
hereinafter defined is part of a larger tract of Land ( "Larger Tract ") owned by Seller and
legally described on Exhibit B attached, and the Seller will retain title to ownership of the
remainder of said larger tract (the "Remainder Tract ") as legally described in Exhibit C
attached hereto and made a part hereof; and
WHEREAS, The Subject Property has been identified as the intended location of the
extension of Minnesota State Highway No. 212 and is to be acquired by the State of
Minnesota for such purposes. The Subject Property is being acquired by Buyer on behalf of
the Department of Transportation for the State of Minnesota pursuant to a Right -of -Way
Acquisition Loan Fund proceeding. If the Subject Property had not been acquired by Buyer
pursuant to direct purchase, a condemnation would have been commenced by the State of
Minnesota Department of Transportation. Accordingly, Buyer and Seller mutually confirm
that the sale and conveyance of the Subject Property to Buyer pursuant hereto is being made
under threat of condemnation;
47209.08
R3/11/97 1
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein, the receipt and sufficiency of which are hereby acknowledged, it is hereby mutually
agreed by Seller and Buyer as follows:
SECTION 1.
SALE AND PURCHASE OF LAND
1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms
and conditions hereof, the following property (all collectively referred to as the "Subject
Property "):
1.1.1) The land in Carver County, Chanhassen, Minnesota, legally described
on Exhibit "A" attached hereto and incorporated herein (the "Land ");
1.1.2) Any improvements located on the Land.
SECTION 2.
PURCHASE PRICE
2.1) The purchase price for the Subject Property (the "Purchase Price ") shall be One
Million Five Hundred and Ninety -five Thousand Dollars ($1,595,000.00) and shall be
payable by Buyer to Seller as follows:
2.1.1) One Million Five Hundred and Ninety -five Thousand Dollars
($1,595,000.00) by cash or wire transfer on the date of Closing.
2.1.2) Buyer shall withhold the sum of Eleven Thousand Four Hundred
Eighty and 00 /100 Dollars ($11,480.00) ( "Withheld Amount ") from Seller as
provided under Section 4.5 of this Agreement.
2.1.3) In addition to the Purchase Price for the Subject Property, Buyer shall
separately pay on the date of closing Two Hundred Ninety Thousand and 00 /100
Dollars ($290,000.00) representing all eminent domain damages associated with the
taking and removal of the wells serving the Remainder Tract. Upon payment, Seller
shall execute a Release in favor of Buyer of payment in full satisfaction of the above -
noted damages.
47209.08
R3/11/97 2 R
SECTION 3.
TITLE MATTERS
3.1) Seller, at its own expense, shall furnish to Buyer within five (5) days hereof a
current commitment for the issuance of a current ALTA Form B owner's policy of title
insurance (the "Commitment ") issued by Commercial Partners Title ( "Title ") in the amount
of One Million Five Hundred and Ninety -five Thousand Dollars ($1,595,000.00), committing
to insure that Buyer will have good and marketable title to the Subject Property, free of any
exceptions to title, except the standard exceptions, matters identified in Exhibit D attached
hereto (the "Permitted Exceptions ") and matters to which Buyer may consent in writing. As
to the Permitted Exceptions identified in Exhibit D, it is not intended by Buyer and Seller to
imply that the following are a burden on the Subject Property, except as to Section 3.1.2 to
the extent specifically set forth therein, if any:
3.1.1) Special assessment agreement with the City of Chanhassen dated
10/24/94, filed 2/1/95 as Document Number 176846 (Parcel 1);
3.1.2) Subject to Notice of Lis Pendens and Dismissal of Action therein:
City of Chanhassen v. Charles A. Adelmann and Elizabeth L. Adelmann, husband
and wife, dated 1/10/96, filed 1/12/96, as Document Number 189939 (Condemnation
action to acquire easements over property).
3.2) In the event that, other than the standard exceptions and the Permitted
Exceptions, any exceptions indicating title to the Subject Property is unmarketable are listed
in the Commitment for title insurance, then Buyer shall object to the exception, in writing,
within ten (10) days after receiving the Commitment, or the exception shall be deemed
waived and accepted by Buyer. If the Seller fails to remove the same within the time
allowed for closing on the Subject Property, the Buyer (at Buyer's option) shall have the
right to: (a) terminate this Agreement; or (b) waive the objection and proceed to close
47209.08
R3/11/97 3 R
pursuant to this Agreement. Any exceptions waived or accepted by Buyer shall be deemed
"Permitted Encumbrances. "
3.3) Buyer agrees that it is purchasing the Subject Property based solely upon such
investigation and in regarding the Subject Property, if any, as Buyer may choose to
make. Except as specifically set forth in this Purchase Agreement, Seller has not made, and
shall not be deemed to have made, any warranty or representation, written or oral, express
or implied, concerning the Subject Property, the condition thereof, the condition of the soil
thereon, any conditions relative to environmental matters or the presence of hazardous
materials, the uses for which the Subject Property are fit, the uses which are permitted for
the Subject Property or any other thing or matter relative thereto and Buyer is acquiring the
Subject Property "As Is" and "with all faults."
3.4) The provision of Section 4.2 notwithstanding, Seller shall only be required to
use reasonable efforts to remove from the Subject Property any material or debris not
constituting environmentally hazardous materials and, Seller having exercised such reasonable
efforts, Buyer shall have no right to terminate this Agreement due to the presence on the
Subject Property of such material or debris. The limitation in this Subsection 3.5 is not
intended to apply to any portion of the Tenant Storage Area located on the Subject Property,
where "Tenant Storage Area" is that area referenced on pages 5, 9, 10, and Figures 10B,
12A and 12B of the "Phase I Environmental Audit Lakeview Hills Apartments 8800 -8840
Lake Riley Boulevard, Chanhassen, Minnesota by McGhie & Betts Environmental Services,
Inc., dated June 1996.
3.5) Buyer and Seller acknowledge that the Subject Property is currently part of a
Larger Tract owned by Seller and separately identified as a single parcel for tax purposes.
47209.08
R3/11/97 4
The parties further acknowledge that prior to closing, and as a condition to their respective
obligations under this Agreement, approval of the division (including, without limitation, a
division for real estate tax and assessment purposes) of the Larger Tract into the Subject
Property, as one parcel, and the Remainder Tract, as the other, will be necessary through an
administrative approval by the Buyer. Seller agrees, prior to Closing, to process such
subdivision application and tax division through the prescribed process in an expeditious
manner and the Buyer agrees to approve the application following an administrative review
of the application, provided Seller complies with all requirements necessary for an
administrative subdivision.
3.6) The Buyer acknowledges that the Subject Property was and is currently zoned
R12 and that the Buyer currently has no plans to rezone the Remainder Tract. The Buyer
acknowledges that following the purchase of the Subject Property, the Remainder Tract will
continue to be zoned R12, except as permitted by Buyer's ordinances, the same as any other
property located in the City of Chanhassen.
SECTION 4.
CLOSING
4.1) The closing (the "Closing ") shall be at the offices of Gray, Plant & Mooty and
shall occur within five (5) days after the removal of the Buyer Contingencies described in
Section 7.1 (the "Closing Date ").
4.2) On the Closing Date, Seller shall use Seller's best efforts to deliver to Buyer
possession of the Subject Property vacant and free of any and all debris (including, but not
limited to, trash, garbage, rubbish, personal property) and all other personalty not included
in the sale of the Subject Property. Until possession is delivered to Buyer, Seller shall keep
47209.08
R3/11/97 5
and maintain the Subject Property in a neat and orderly condition and shall not alter or
damage any part thereof. Seller shall not remove any dirt, trees, shrubs, or other natural
growth, except as to keep the Subject Property in a neat and orderly condition.
4.3) Seller shall execute and deliver to Buyer:
4.3. 1) At the Closing, a duly executed quit claim deed free from exceptions
except those specifically set forth in the Commitment which are acceptable to Buyer
under the terms of this Agreement, the Permitted Exceptions, and any Permitted
Encumbrances;
4.3.2) At the Closing, a customary affidavit that there are no unsatisfied
judgments of record against the Seller, no actions pending against the Seller in any
state or federal courts, no tax liens against the Seller, and no bankruptcy proceeding
filed against Seller, and no labor has or materials have been furnished to the Subject
Property at the request of the Seller for which payment has not been made, and that
to the best of Seller's actual knowledge, without having made any investigation or
inquiry, there are no unrecorded interests relating to the Subject Property.
4.4) Seller shall pay at Closing all general real estate taxes levied against the Subject
Property due and payable for all years prior to the year of closing, together with any unpaid
installments of special assessments due therewith ( "Taxes "). Buyer and Seller shall prorate
to the date of Closing based on the parties' respective period of ownership during calendar
year 1997 all general real estate taxes due in the year of Closing. All general real estate
taxes levied against the Subject Property due in the years following the year of Closing shall
be the responsibility of Buyer. The prorated taxes due on the Subject Property shall be
determined by dividing the square footage of the Subject Property by the square footage of
the tax parcel constituting the Subject Property and other lands. Seller and Buyer agree that
all special assessments levied on the Subject Property prior to Closing shall be the obligation
of Seller including all special assessments described in the Special Assessment Agreement
47209.08
R3/11/97 6
dated October 24, 1994. Any special assessments affecting the Subject Property shall be
transferred to the Remainder Tract.
4.5) On the Closing Date, Seller and Buyer agree that Buyer shall withhold Eleven
Thousand Four Hundred Eighty and 00 /100 Dollars ($11,480.00) (the "Withheld Amount ")
of the Purchase Price as provided in Section 2.1 of this Agreement to assure Seller's capping
and sealing of all wells located on the Subject Property, no later than October 1, 1998, in
accordance with applicable laws and regulations pertaining to capping and sealing of wells.
Upon verification of the completion of the removal of the wells as required under this
Section, the City shall release the Withheld Amount to Seller. The City hereby represents
that City water is currently available to the Remainder Tract at a stub located approximately
400 feet north of Lake Riley Boulevard near the boundary of the Remainder Tract and the
North Bay Development to the West of the Remainder Tract in an amount sufficient to serve
the apartments located on the Remainder Tract. The Withheld Amount shall also cover any
costs incurred by Buyer (including but not limited to insurance costs) due to Buyer's failure
to cap any wells following the Closing. If any wells located on the Subject Property are not
capped and sealed by October 1, 1998, then Seller shall forfeit that portion of the Withheld
Amount equivalent to the City's costs incurred in capping and sealing the wells.
4.6) Seller shall pay at Closing:
4.6. 1) state deed tax on the Purchase Price;
4.6.2) all charges by the title insurance company for issuing a title insurance
commitment;
4.6.3) recording fees for corrective instruments required to remove
encumbrances and place marketable title in Buyer's name;
4.6.4) all real estate tax obligations as outlined in paragraph 4.4;
47209.08
R3/11/97 7
4.6.5) all fees and costs owed for the survey of the Subject Property
heretofore provided by Seller;
4.6.6) recording fees for the easement described in Section 8 of this
Agreement; and
4.6.7) all fees and costs incurred in obtaining approval of the division of the
Larger Tract into the Subject Property, as one parcel, and the Remainder Tract, as
the other, not to exceed One Hundred and 00 /100 Dollars ($100.00).
4.7) Buyer shall pay at Closing:
4.7.1) all recording fees and charges relating to the filing of the deed; and
4.7.2) title insurance premiums.
4.8) Seller and Buyer shall equally share the Closing fee charged by the title
company.
SECTION 5.
COVENANTS, REPRESENTATIONS, AND WARRANTIES OF SELLER
5.1) Seller represents, warrants, and covenants with Buyer and its successors and
assigns that to the best of Seller's actual knowledge and without any investigation or inquiry:
5.1.1) Seller will maintain in force insurance against public liability from such
risk in the amount of One Million Dollars ($1,000,000.00) from the date hereof to the
Closing Date;
5.1.2) To the best actual knowledge of Seller and without any investigation or
inquiry, no entity or person has, at any time, installed, used, or removed any
underground storage tank on or in connection with the Subject Property;
5.1.3) As part of this agreement, Seller shall execute a well disclosure
certificate in the form required by applicable statute.
5.2) The covenants, representations, and warranties contained in Section 5 shall be
deemed to benefit Buyer and its successors and assigns and shall survive any termination or
expiration of this Purchase Agreement or the giving of the Deed. All of Seller's covenants,
representations and warranties in this Agreement shall be true as of the date hereof (and shall
47209.08
R3/11/97 8 R
be a condition precedent to the performance of Buyer's obligations hereunder) and as of the
Closing Date. In addition to Buyer's remedies as outlined in Section 3.2, if Buyer discovers
that any such covenant, representation, or warranty is not true, Buyer may elect prior to
closing, in addition to any of its other rights and remedies, to cancel this Agreement, or
Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction.
Buyer shall not be deemed to have waived any claims for breach of warranty if Buyer
consummates the transaction set forth in this Agreement with the knowledge that one or more-
of Seller's warranties are false.
5.3) Seller is, or by Closing will have all requisite power and authority to execute
and deliver this Agreement and the documents listed in Section 4 above.
SECTION 6.
TESTING
6.1) Buyer and its agents shall have the right, at Buyer's sole option, to enter the
Subject Property without charge and at all reasonable times after the execution of this
Agreement, to perform investigation and tests as Buyer may reasonably deem appropriate. If
Buyer investigates and tests the Subject Property pursuant to this section, Buyer shall pay all
costs and expenses of such investigation and testing and shall indemnify and hold Seller and
the Subject Property harmless from all costs and liabilities arising out of Buyer's activities.
If the purchase and sale contemplated by this Agreement is not closed, Buyer shall repair and
restore any damage to the Subject Property caused by Buyer's investigation or testing, at
Buyer's expense, and shall return the Subject Property to substantially the same condition as
existed prior to such entry. The provisions of this Section shall survive closing or
cancellation of the Purchase Agreement.
47209.08
R3/11/97 9 R
SECTION 7.
CONTINGENCIES
7.1) The obligations of Buyer under this Agreement are contingent upon each of the
following (the "Buyer Contingencies "):
7.1.1) The representations and warranties of Seller set forth in Section 5 of
this Agreement must be true as of the date of this Agreement and on the Closing
Date, and Seller shall have delivered to Buyer at Closing a certificate dated the
Closing Date, signed by Seller, certifying that such representations and warranties are
true as of the Closing Date.
7.1.2) Within 14 days of the date of execution of this Agreement, Buyer shall
have determined, that it is satisfied, in its sole discretion, with the results and matters
disclosed by a Phase I Environmental Audit or by any environmental /engineering or
soil investigation or testing of the Subject Property performed by Buyer or Buyer's
agent.
7.1.3) Buyer shall have determined that it is satisfied, in its sole discretion,
with the results of and matters disclosed by the survey previously delivered to Buyer
by Seller within 14 days of the date of execution of this Agreement.
7.1.4) Buyer obtaining a written unconditional commitment from the
Metropolitan Council Right -of -Way Acquisition Loan Fund to fund the Purchase Price
and damage amounts provided in Section 2, in addition to attorney fees and
administrative expenses incurred by Buyer on or before the Closing Date, which
serves to secure Buyer's funding of the purchase described herein.
7.1.5) Buyer obtaining an administrative settlement from the Minnesota
Department of Transportation on or before the Closing Date approving the Purchase
Price.
If the Buyer Contingencies have not been satisfied on or before the Closing Date, then
Buyer may, at Buyer's option, terminate this Agreement by giving written notice to Seller on
or before the Closing Date. Upon such termination, neither party shall have any further
rights or obligations under this Agreement. The Buyer Contingencies are for the sole and
exclusive benefit of Buyer, and Buyer shall have the right to waive the Buyer Contingencies
by giving written notice to Seller. If all Buyer Contingencies are not satisfied within 60 days
47209.08
R3/11/97 10
of the date of execution of this Agreement, then Seller may, at Seller's option, terminate this
Agreement by giving written notice to Buyer on or before the Closing date.
SECTION 8.
TEMPORARY ACCESS AND UTILITY EASEMENT
8.1) Buyer shall grant Seller at the time of closing a Temporary Access and Utility
Easement, on the form attached as Exhibit E, over the Subject Property and appurtenant to
the Seller's property as legally described in Exhibit C for access to and use of the existing
wells and electrical lines on the Subject Property by Seller's appurtenant property until the
earlier of October 1, 1998 or the date that Seller's appurtenant property is hooked up to City
water.
SECTION 9.
MISCELLANEOUS
9.1) The covenants and representations made by Seller shall survive the Closing of
this transaction.
9.2) Seller hereby indemnifies Buyer for any claim, cost, or damage related to any
brokerage fee incurred by Seller due to any acts or agreements of Seller in connection with
this Agreement. Buyer hereby indemnifies Seller for any claim, cost, or damage related to
any brokerage fee incurred by Buyer due to any acts or agreements of Buyer in connection
with this Agreement.
9.3) Any notice, demand, or request which may be permitted, required or desired to
be given in connection herewith shall be in writing and sent by certified mail, hand delivery,
overnight mail service such as Federal Express, or Western Union telegram or other form of
telegraphic communication, directed to Seller or Buyer. Any notice shall be deemed
effective when delivered to the party to whom it is directed. Unless other addresses are
47209.08
R3/11/97 11
given in writing, notices shall be sent to Seller or Buyer at the applicable address stated on
the first page of this Agreement.
9.4) Time shall be of the essence in this Agreement. Where any date or time
prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or
time shall automatically be extended to the next normal business day.
9.5) Each party hereto shall promptly, on the request of the other party, have
acknowledged and delivered to the other party any and all further instruments and assurances
reasonably requested or appropriate to evidence or give effect to the provisions of this
Agreement.
9.6) This Agreement represents the entire agreement of the parties with respect to the
Subject Property and all prior agreements, understandings, or negotiations between the
parties are hereby revoked and superseded hereby. No representations, warranties,
inducements, or oral agreements have been made by any of the parties, except as expressly
set forth herein, or in other contemporaneous written agreements. This Agreement may not
be changed, modified or rescinded, except by a written agreement signed by both parties
hereto. Seller and Buyer shall have the right by mutual agreement to modify, amend, or
cancel this Agreement without the consent or approval of any real estate broker or agent.
Under no circumstances, including, without limitation, any default(s) of Seller and /or Buyer
under this Agreement, will: (a) any real estate broker or agent be entitled to any commission
unless the Closing actually occurs, or to any notice under this Agreement; or (b) Buyer have
any liability and /or obligation for payment of any commission or other compensation to any
real estate broker or agent regarding this Agreement incurred by Seller; or (c) Seller have
47209.08
R3/11/97 12 j
any liability and /or obligation for payment of any commission or other compensation to any
real estate broker or agent regarding this Agreement incurred by Buyer.
9.7) If Buyer defaults under any of the terms hereof, then Seller shall have the right,
in addition to whatever other remedies are available to Seller at law or in equity, including
without limitation, specific performance, damages, including attorney's fees, to cancellation
of this Agreement.
9.8) If Seller defaults under any of the terms hereof, including, without limitation,
the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and
any of Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer
shall have the right to specific performance or to cancellation of this Agreement. In no event
shall Seller be liable for any damages for any default or breach by Seller hereunder.
9.9) If any provision of this Agreement is declared void or unenforceable, such
provision shall be deemed severed from this Agreement, which shall otherwise remain in full
force and effect.
9.10) Failure of any party to exercise any right or option arising out of a breach of
this Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
9.11) This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, personal representatives, successors and assigns.
9.12) This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
9.13) At Buyer's request, a memorandum of this Agreement shall be executed by
Buyer and Seller and filed of record in Carver County, Minnesota.
47209.08
R3/11/97 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
BUYER:
CITY OF CHANHASSEN
By:
Nancy K. Mancino, Mayor
:
Don Ashworth
City Manager /Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
SELLER:
LAKEVIEW HILLS LLC
LE
Its President
The foregoing instrument was acknowledged before me this day of
, 1997, by Nancy K. Mancino and by Don Ashworth, respectively the
Mayor and City Manager /Clerk of the CITY OF CHANHASSEN, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
47209.08 14
R3/11/97
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1997, by Steven B. Liefschultz the President of Lakeview Hills LLC, a
Minnesota corporation, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
AMP
47209.08
R3/11/97 15
EXHIBIT "A"
to
REAL ESTATE PURCHASE AGREEMENT
SUBJECT PROPERTY
PROPOSED T H 212 RIGHT -OF -WAY ACQUISITION DESCRIPTION
. (Consisting of approximately 5.155 acres.)
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence
South 0 degrees 20 minutes 00 seconds East along the east line of said Northeast Quarter of the
Northeast Quarter a distance of 81.31 feet to the point of beginning of the land to be described;
thence continuing South 0 degrees 20 minutes 00 seconds East along said east line a distance of
305.23 feet; thence South 77 degrees 17 minutes 36 seconds West a distance of 656.93 feet to
the west line of the east 641.67 feet of said Northeast Quarter of the Northeast Quarter; thence
North 0 degrees 20 minutes 00 seconds West parallel with said east line a distance of 394.67 feet
to the intersection with a line bearing South 85 degrees 05 minutes 38 seconds West from said
point of beginning; thence North 85 degrees 05 minutes 38 seconds East a distance of 643.72
feet to said point of beginning.
PROPOSED UPLAND /WETLAND PARCEL DESCRIPTION
(Consisting of approximately 21.2768 acres.)
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, together with that part of the Southeast Quarter of the Southeast Quarter of Section
13, Township 116, Range 23, Carver County, Minnesota which lies east of a line drawn 641.67
feet West of, measured at a right angle to and parallel with the East line of Northeast Quarter
of the Northeast Quarter, and its northerly extension, and north of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter, thence
South 0 degrees 20 minutes 00 seconds East along the east line of said Northeast Quarter of the
Northeast Quarter a distance of 81.31 feet to the point of beginning of the line to be described;
thence South 85 degrees 05 minutes 38 seconds West a distance of 643.72 feet to the west line
of the east 641.67 feet of said Northeast Quarter of the Northeast Quarter said line there
terminating.
47209.08
R3/11/97 16 R
EXHIBIT "B"
TO
REAL ESTATE PURCHASE AGREEMENT
LARGER TRACT
(Consisting of approximately 53 acres.)
All that part of the Northeast Quarter of the Northeast Quarter, and Government Lot 1, of
Section 24, Township 116, Range 23, together with that part of the Southeast Quarter of the
Southeast Quarter of Section 13, Township 116, Range 23, which lies East of a line drawn
641.67 feet West of, measured at a right angle to and parallel with the East line of Northeast
Quarter of the Northeast Quarter of Section 24, Township 116, Range 23 and its extensions.
47209.08
R3/11/97 17
EXHIBIT "C"
TO
REAL ESTATE PURCHASE AGREEMENT
SELLER'S REMAINDER TRACT
(Consisting of approximately 27.5 acres.)
All that part of the Northeast Quarter of the Northeast Quarter, and Government Lot 1, of
Section 24, Township 116, Range 23, together with that part of the Southeast Quarter of the
Southeast Quarter of Section 13, Township 116, Range 23, which lies East of a line drawn
641.67 feet West of, measured at a right angle to and parallel with the East line of Northeast
Quarter of the Northeast Quarter of Section 24, Township 116, Range 23 and its extensions
lying southerly of a line:
Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter distance
386.74 feet south of the Northeast corner thereof, thence westerly, deflecting to the right 77
degrees 37 minutes 49 seconds a distance of 656.92 feet to a line drawn 641.67 feet west of,
measured at a right angle to and parallel with the east line of said northeast Quarter of the
Northeast Quarter and said line there terminating.
47209.08
R3/11/97 18
EXHIBIT "D"
TO
REAL ESTATE PURCHASE AGREEMENT
PERMITTED EXCEPTIONS
1. Utility easements) in favor of Minnesota Valley Electric Cooperative in Book 43 of
Deeds, page 398 -9 and modified by Document Number 67379 to cover the following (as
to Parcel 1)
The South 30 feet, the West 30 feet and a 30 foot corridor the
centerline of which is described as follows:
Beginning at a point 320 feet south of the northwest corner of the
northeast quarter of the northeast quarter of said section 24; thence
bearing east until its intersection with the east line of said tract and
there terminating.
2. Special assessment agreement with the City of Chanhassen dated 10/24/94, filed 2/1/95
as Document Number 176846 (Parcel 1).
3. Rights of the Public and the State of Minnesota in and to that portion of the insured
property which lies below the high water mark of Rice Marsh Lake (Parcel 1).
4. Subject to Proposed Trunk Highway No. 212 and interest appurtenant thereto as appears
on Survey dated July 24, 1996 prepared by Egan, Field & Nowak, Inc.
5. Subject to Notice of Lis Pendens and Dismissal of Action therein: City of Chanhassen
v. Charles A. Adelmann and Elizabeth L. Adelmann, husband and wife, dated 1/10/96,
filed 1/12/96, as Document Number 189939 (Condemnation action to acquire easements
over property).
47209.08
R3/11/97 19 R
EXHIBIT "E"
TO
REAL ESTATE PURCHASE AGREEMENT
TEMPORARY ACCESS AND UTILITY EASEMENT
THIS AGREEMENT made this day of
, 1997, by and
between the CITY OF CHANHASSEN, a municipal corporation under the laws of the State
of Minnesota, with offices at 690 Coulter Drive, Chanhassen, Minnesota 55317 (referred to
herein as the "City "), and LAKEVIEW HILLS LLC, a Minnesota corporation, with offices
at 7630 West 78th Street, Bloomington, Minnesota 55439, and its successors, or assigns (the
"Grantee ").
WITNESSETH:
The City, in consideration of One Dollar ($1.00) and other good and valuable
consideration to them in hand paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant unto the Grantee, its successors and assigns, a temporary
easement for access and utility purposes, over, on, across, under, and through the land
situated in the County of Carver, State of Minnesota, as legally described on the attached
Exhibit "A" ( "Easement Premises ") to benefit and be appurtenant to the property described
on Exhibit "B" ( "Remainder Tract ").
TO HAVE AND TO HOLD the same, unto the Grantee, its successors and assigns,
commencing upon execution of this agreement, together with the right to use wells located
within the Easement Premises to provide water to the Remainder Tract and the right of
ingress to and egress from the Easement Premises, for the purpose of inspecting, repairing,
replacing and maintaining the wells and any other related equipment, lines and pipes
47209.08
R3/11/97 20
necessary to provide water to the Grantee's apartments located on the Remainder Tract, at
the will of the Grantee, its successors and assigns; and together with the right to obtain
electrical service for the improvements located on the Remainder Tract by means of the
electrical lines currently located on the Easement Premises together with the right of ingress
and egress from the Easement Tract for the purpose of inspecting, repairing, replacing, and
maintaining the electrical lines and any other related equipment necessary to provide
electricity to the Grantee's apartments located on the Remainder Tract, at the will of the
Grantee, its successors and assigns; it being the intention of the parties hereto that the City
hereby grant the uses herein specified without divesting itself of the right to use and enjoy
the above described temporary easement premises, subject to the right of the Grantee to
use the same for the purposes herein expressed. The easement as to the wells shall terminate
upon the earlier of the date that the Grantee's apartments located on the Remainder Tract
hook up to city water or October 1, 1998. Upon termination, Grantee shall be responsible
for capping and sealing of the wells on or before October 1, 1998, in accordance with
applicable laws and regulations pertaining to capping and sealing wells. The easement s to
the electrical service shall terminate at such time as the utility company connects Grantee's
apartments to electricity provided by lines located other than on the Easement Premises.
Grantee shall be responsible for operating and maintaining the wells in conformity
with all applicable statutes and city ordinances.
Grantee shall be responsible for procuring and maintaining general liability insurance
covering the Easement Premises in the amount of One Million Dollars ($1,000,000.00),
naming the City as an additional insured.
47209.08
R3/11/97 21
Grantee indemnifies and holds the City harmless from and against any claims that
may arise in connection with the maintenance and use of the Easement Premises by Grantee,
its Employees, its agents or others for whose acts the Grantee is responsible.
City shall not be responsible for restoration, replacement costs or damages to the
wells located on the Easement Premises, unless caused by the act or neglect of the City, its .
employees, agents or others for whose acts the City is responsible.
Grantee accepts Easement Premises, wells and related equipment in its current
condition with all faults and the City makes no representations or warranties as to the
condition of the Easement Premises, the wells or related equipment.
The above named City for itself, its successors and does covenant with the
Grantees, its successors and assigns, that it is well seized in fee title of the Easement
Premises; that it has the sole right to grant and convey the easement to the Grantees; that
there are no unrecorded interests in the Easement Premises; and that it will indemnify and
hold the Grantees harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the parties hereto have signed this agreement the day
and year first above written.
BUYER:
SELLER:
CITY OF CHANHASSEN LAKEVIEW HILLS LLC
Nancy K. Mancino, Mayor Its President
Don Ashworth
City Manager /Clerk
47209.08
R3/11/97 22 R
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1997, by Nancy K. Mancino and by Don Ashworth, respectively the
Mayor and City Manager /Clerk of the CITY OF CHANHASSEN, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
STATE OF MINNESOTA )
ss.
COUNTY OF )
Notary Public
The foregoing instrument was acknowledged before me this day of
, 1997, by Steven B. Liefschultz the President of Lakeview Hills LLC, a
Minnesota corporation, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
1380 Corporate Center Curve #317
Eagan, MN 55121
Telephone: (612) 452 -5000
47209.08
R3/11/97 23
EXHIBIT "A"
TO
TEMPORARY ACCESS AND UTILITY EASEMENT
EASEMENT PREMISES
PROPOSED T H 212 RIGHT -OF -WAY ACQUISITION DESCRIPTION
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter;
thence South 0 degrees 20 minutes 00 seconds East along the east line of said Northeast
Quarter of the Northeast Quarter a distance of 81.31 feet to the point of beginning of the
land to be described; thence continuing South 0 degrees 20 minutes 00 seconds East along
said east line a distance of 305.23 feet; thence South 77 degrees 17 minutes 36 seconds West
a distance of 656.93 feet to the west line of the east 641.67 feet of said Northeast Quarter of
the Northeast Quarter; thence North 0 degrees 20 minutes 00 seconds West parallel with said
east line a distance of 394.67 feet to the intersection with a line bearing South 85 degrees 05
minutes 38 seconds West from said point of beginning; thence North 85 degrees 05 minutes
38 seconds East a distance of 643.72 feet to said point of beginning.
47209.08
R3/11/97
EXHIBIT "B"
TO
TEMPORARY ACCESS AND UTILITY EASEMENT
SELLER'S REMAINDER TRACT
All that part of the.Northeast Quarter of the Northeast Quarter, and Government Lot 1, of
Section 24, Township 116, Range 23, together with that part of the Southeast Quarter of the
Southeast Quarter of Section 13, Township 116, Range 23, which lies East of a line drawn
641.67 feet West of, measured at a right angle to and parallel with the East line of Northeast
Quarter of the Northeast Quarter of Section 24, Township 116, Range 23 and its extensions
lying southerly of a line:
Beginning at a point on the east line of said Northeast Quarter of the Northeast Quarter
distance 386.74 feet south of the Northeast corner thereof, thence westerly, deflecting to the
right 77 degrees 37 minutes 49 seconds a distance of 656.92 feet to a line drawn 641.67 feet
west of, measured at a right angle to and parallel with the east line of said northeast Quarter
of the Northeast Quarter and said line there terminating.
47209.08
R3/11/97 25
LOAN AGREEMENT NO. L -97 -.
LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL
AND THE CITY OF CHANHASSEN
FOR PROTECTIVE ACQUISITION OF HIGHWAY RIGHT -OF -WAY
THIS AGREEMENT is entered into this day of , 1997, ,
by THE METROPOLITAN COUNCIL ( "the Council "), and THE CITY OF CHANHASSEN
( "the Recipient ").
WHEREAS, the Council is authorized by Minnesota Statutes section 473.167,
subdivision 2, to make loans to counties, towns, and cities situated within the metropolitan area
for the purpose of acquisition of property within a proposed state trunk highway right -of -way
when acquisition is necessary to avert the imminent conversion of such property to a use which
would jeopardize the property's availability for highway construction; and
WHEREAS, the Recipient is an eligible governmental unit and has applied for such a
loan to accomplish the acquisition of threatened right -of -way within the officially- mapped trunk
highway 212 corridor; and
WHEREAS, the Council has authorized that such a loan be made to the Recipient from
the Metropolitan Right -of -Way Acquisition Loan Fund.
NOW, THEREFORE, in consideration of the mutual promises and covenants in this
agreement, the Council and the Recipient agree as follows:
I. LOAN FUNDS
1.01 Total Loan Amount. The Council shall loan to the Recipient, in accordanQe with the
.n
loan schedule set forth in paragraph 1.02, a total loan amount not to exceed $�1•
1.02 Loan Schedule. Upon execution of this loan agreement, the Council will advance
$ J` to the Recipient for the purchase price of that real property described in
Exhibit A, w ich is attached to and incorporated in this agreement. The purchase price of the
real property includes any buildings or structures located on any parcel of the real property.
Upon receipt by the Council of satisfactory and complete documentation describing the
Recipient's actual appraisal, title evaluation, and other acquisition costs, the Council will advance
to the Recipient such actual costs, in an amount not to exceed $_
1.03 Authorized Use of Loan Funds. The parties agree that loan funds may be used only
for the purchase price of the property described in Exhibit A and the acquisition costs actually
incurred by the Recipient to acquire the property described in Exhibit A. The parties agree that
no part of the loan proceeds shall be used for relocating or moving persons or property. The
parties further agree that loan proceeds shall not be used to clean up contaminated soil or other
pollutants, if any are discovered on the site.
II. ACCOUNTING, AUDIT, AND RECORDS REQUIREMENTS
2.01 Separate Account. The Recipient agrees to establish and maintain a separate account
for the loan and to maintain accurate and complete records and accounts relating to the receipt
and expenditure of all loan funds. Such accounts and records shall be kept and maintained for a
period of at least three (3) years following discharge of the loan.
2.02 Audit. The above accounts and records of the Recipient shall be audited in the same
manner as all other accounts and records of the Recipient are audited, and may be audited and/or
inspected on the Recipient's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, following reasonable notification, during the loan period,
and for a period of three (3) years following discharge of the loan.
2.03 Acquisition Report. The Recipient agrees that upon completion of any acquisition, the
Recipient will submit to the Council an acquisition report, in a format to be determined by the
Council, summarizing the acquisition costs of the property, including all eligible expenses and
acquisition costs.
2.04 Annual Report. The Recipient agrees to submit, on or before June 30 of each year
during which this agreement is in effect, an annual report on the status of the loan, in a form to be
determined by the Council.
III. INCOME FROM PURCHASED PROPERTY
3.01 Net Rents Defined. For purposes of this agreement, "net rents" means the total gross
rent received by the Recipient from any and all tenants or users of the property, less the
Recipient's actual costs for necessary maintenance, repairs, taxes, insurance, and operating
expenses, and attorneys' fees associated with preparing or terminating any lease with respect to
the property.
3.02 Transfer of Net Rents. The Recipient agrees to transfer to the Council, within forty -
five (45) days of receipt, all net rents or other money received as a result of the Recipient's
ownership of the property. For any given payment to the Council, the Recipient may estimate the
actual costs to be deducted from gross rent.
3.03 Adjustment for Actual Costs. Twelve (12) months from the commencement of receipt
of any rent by the Recipient from any property acquired with loan proceeds, the Recipient shall
provide, in a form acceptable to the Council, documentation for all actual costs for necessary
maintenance, repairs, taxes, insurance, and operating expenses, and attorneys' fees with respect to
the property. Upon verification and acceptance of the documentation by the Council, the
Recipient shall pay to the Council the amount, if any, determined by the Council to be necessary
to adjust the estimated deduction from gross rent to reflect the actual costs.
IV. LOAN DISCHARGE
4.01 Discharge Due to Conveyance to Highway Authority. If any parcel purchased with the
loan funds is conveyed to a highway authority for construction of a highway, the Recipient shall
repay to the Council, within thirty (30) days of receipt, the amount received from the highway
authority for the parcel. The amount to be repaid shall include the amount actually disbursed
pursuant to paragraph 1.02 for acquisition costs attributable to the parcel. Upon payment of the
specified amount, the Council will discharge the loan.
4.02 Discharge Due to Changes in Plan for Highway. If the Council notifies the Recipient
that the plan to construct the highway has been abandoned or the anticipated location of the
highway has changed, the Recipient shall seek the prior approval of the Council to sell the
acquired property. The Recipient shall repay to the Council, within thirty (30) days of receipt,
the fair market value of the property as determined by sale of the property in accordance with the
Recipient's procedures required for the disposition of real property. Upon payment of the
specified amount, the Council will discharge the loan.
4.03 Discharge Due to Breach or Other Circumstances.' If the property for any other reason
is sold, or if the Recipient materially breaches any term of this agreement, the Recipient shall
repay the amount specified in paragraph 1.02 for the purchase price of the property and the
amount actually disbursed pursuant to paragraph 1.02 for acquisition costs. The Council agrees
to notify the Recipient of any material breach of the agreement and to provide a reasonable
opportunity for the Recipient to cure the breach. If the Recipient fails to cure the breach, the
Recipient will repay the amount specified within thirty (30) days. Upon payment of the specified
amount, the Council will discharge the loan.
V. GENERAL CONDITIONS
5.01 Duration of Agreement. The agreement is effective on the execution of this agreement
and remains in force and effect until the loan is discharged.
5.02 Interest. The loan made in this agreement shall bear no interest.
5.03 Agreement and Restrictive Covenant. The Recipient and the Council each agree that
they will execute, and the Recipient agrees that it will cause to be recorded at its own expense, an
agreement and restrictive covenant with reference to each parcel of land in which an interest is
acquired in whole or in part from loan proceeds. The agreement and restrictive covenant shall be
substantially in the form contained as a sample in Exhibit B, which is attached to and made a part
of this agreement. It is the purpose of such agreement and restrictive covenant to limit the right
of the Recipient to convey or encumber land or interests in land acquired with loan proceeds
without the consent of the Council, and to insure that such lands and interests therein be devoted
exclusively to the state highway purposes for which they were acquired.
5.04 Agreement to Convey. The Recipient agrees that upon the request of the authority
authorized to construct the highway for which this right -of -way has been reserved, the Recipient
will convey the property to the authority at the same price the Recipient paid for the property,
including costs identified in paragraph 1.02 for acquisition costs.
5.05 Rights Reserved. If the Council finds that there has been a failure to comply with the
provisions of this agreement, the Council reserves the right to take any and all actions as it deems
necessary or appropriate.to protect the Council's interest, provided that the Council agrees to
notify the Recipient of any such failure to comply and to provide a reasonable opportunity to
comply. The Recipient agrees that discharge of the loan does not invalidate continuing
obligations imposed on the Recipient by this agreement. Termination of this agreement does not
alter the Council's authority to disallow costs and recover funds on the basis of a later audit or
other review, and does not alter the Recipient's obligation to return any funds due to the Council
as a result of later audits or corrections.
5.06 Amendments. The terms of this agreement may be changed by mutual agreement of
the parties. Such changes shall be effective only upon the execution of written amendments
signed by authorized representatives of the Council and the Recipient.
5.07 Compliance with Law. The Recipient agrees to conduct the activities contemplated by
this agreement in compliance with all applicable provisions of Federal, state, and local laws. The
Recipient further agrees to comply with all applicable laws relating to nondiscrimination,
affirmative action, and public purchase, contracting, and employment. In particular, the
Recipient agrees not to discriminate against any employee or applicant for employment because
of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability,
status with regard to public assistance, membership or activity in a local civil rights commission,
or age, and to take affirmative action that applicants and employees are treated equally with
respect to all areas of employment, rates of pay and other forms of compensation, and selection
for training.
5.08 Indemnification. The Recipient assumes liability for, and agrees to indemnify, protect
and hold harmless the Council from any liabilities, obligations, losses, damages, claims, injuries,
penalties, costs and expenses, including reasonable attorney's fees, arising out of the Recipient's
performance of the activities contemplated by this agreement. The Recipient shall protect and
hold the Council harmless from any liability arising out of contamination of the property by
hazardous substances or releases of hazardous substances from the property, whether known or
unknown at the time of acquisition.
5.09 Property Maintenance. The Recipient agrees to make reasonable efforts to maintain
the property acquired with loan funds provided under this agreement in a manner compatible
with the surrounding environment, as appropriate.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on the day and year first above written.
METROPOLITAN COUNCIL
Approved as to form
By
Lynn M. Belgea
Assistant General Counsel
Natalio F. Diaz
Transportation Planning Director
CITY OF CHANHASSEN
Chnagree (lakeview)
EXHIBIT "A"
SUBJECT PROPERTY
PROPOSED T.H. 212 RIGHT -OF -WAY ACQUISITION DESCRIPTION
. . (Consisting of approximately 5.155 acres.)
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence.
South 0 degrees 20 minutes 00 seconds East along the east line of said Northeast Quarter of the
Northeast Quarter a distance of 81.31 feet to the point of beginning of the land to be described;
thence continuing South 0 degrees 20 minutes 00 seconds East along said east line a distance of
305.23 feet; thence South 77 degrees 17 minutes 36 seconds West a distance of 656.93 feet to
the west line of the east 641.67 feet of said Northeast Quarter of the Northeast Quarter; thence
North 0 degrees 20 minutes 00 seconds West parallel with said east line a distance of 394.67 feet
to the intersection with a line bearing South 85 degrees 05 minutes 38 seconds West from said
point of beginning; thence North 85 degrees 05 minutes 38 seconds East a distance of 643.72
feet to said point of beginning.
PROPOSED UPLAND /WETLAND PARCEL DESCRIPTION
(Consisting of approximately 21.2768 acres.)
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, together with that part of the Southeast Quarter of the Southeast Quarter of Section
13, Township 116, Range 23, Carver County, Minnesota which lies east of a line drawn 641.67
feet West of, measured at a right angle to and parallel with the East line of Northeast Quarter
of the Northeast Quarter, and its northerly extension, and north of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter, thence
South 0 degrees 20 minutes 00 seconds East along the east line of said Northeast Quarter of the
Northeast Quarter a distance of 81.31 feet to the point of beginning of the line to be described;
thence South 85 degrees 05 minutes 38 seconds West a distance of 643.72 feet to the west line
of the east 641.67 feet of said Northeast Quarter of the Northeast Quarter said line there
terminating.
47209.08
R3/11/97 16
EXHIBIT B
AGREEMENT AND RESTRICTIVE COVENANT
THIS AGREEMENT is.and entered into this day of , 1997, between the
City of Chanhassen, a Minnesota municipal corporation, ( "the City "), and the Metropolitan a
Council, a political subdivision of the State of Minnesota, ( "the Council ").
WHEREAS, the City has acquired fee title ownership of the real property described in Exhibit
A attached hereto and incorporated herein; and
WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in the
real property pursuant to the Council's Loan Program and a Loan Agreement between the Council
and the City as authorized by Minnesota Statutes section 473.167; and
WHEREAS, the Loan Program was established to provide for the acquisition of property within
the right -of way of a state trunk highway shown on an official map when necessary to avoid
imminent conversion of such property to a use which would jeopardize the property's availability
for highway construction
NOW, THEREFORE, in consideration of the loan made by the Council to the City and in
consideration of the mutual agreements and covenants, the Council and City agree as follows:
1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction or
other encumbrance against the real property described in Exhibit A shall be valid for any purpose
unless the written approval of the Council, or its successors, is duly filed and recorded at the time
of the filing and recording of the instrument to which such approval pertains.
2. The real property described in Exhibit A shall not be used for any purpose except the
construction of Trunk Highway 212 unless the Council, or its successors, shall consent to such
other use or uses by instrument in writing duly filled and recorded and designating the nature,
extent and duration of the use for which such consent is given.
This Agreement and Restrictive Covenant may be enforced by the Council, its successors, or by
any citizen residing within the metropolitan area as defied by appropriate action in the courts of
the State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their
respective names all as of the above date.
METROPOLITAN COUNCIL
BY
Regional Administrator
CITY OF
0
Its
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
March 24, 1997
Mr. Jay Mitrani
7150 Derby Drive
Chanhassen MN 55317
Dear Jay:
Thank you for submitting an application for a position on the - City's Park and Recreation
Commission. I also noted your interest in the Planning Commission as an alternate. A copy of
your application has been forwarded to Kate Aanenson, the Chanhassen Planning Director.
I would like to schedule you for an initial interview at 6:00 p.m., Tuesday, April 22 °d . Members
of the Park and Recreation Commission will conduct the interview. We will meet in the Council
Chambers at City Hall.
Please contact me if you are unavailable at this time. Again, thank you for your interest in
serving the City of Chanhassen.
Sincerely,
_; � 11 �
Todd Hoffman
Director of Park and Recreation
TH:gmb
PC: Mayor and City Council
Park and Recreation Commission
Don Ashworth, City Manager
Kate Aanenson, Planning Director
g: \park \th \M it rani PRComtnLtr
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
March 24, 1997
Ms. Jo Ann Neff
2150 Majestic Way
Chanhassen MN 55317
Dear Jo Ann:
Thank you or submitting an application for a position on the City's Park and Recreation
Commission.
I would like to schedule you for an initial interview at 6:30 p.m., Tuesday, April 22 °d . Members
of the Park and Recreation Commission will conduct the interview. We will meet in the Council
Chambers at City Hall.
Please contact me if you are unavailable at this time. Again, thank you for your interest in
serving the City of Chanhassen.
Sincerely,
Todd Hoffman
Director of Park and Recreation
TH:gmb
pc: A4ayor and City Council
Park and Recreation Commission
Don Ashworth, City Manager
Kate Aanenson, Planning Director
g: \park \th \NeffCommLtr
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
March 24, 1997
Mr. Roderick Franks
8694 Mary Jane Circle
Chanhassen MN 55317
Dear Roderick:
Thank you or submitting an application for a position on the City's Park and Recreation
Commission.
I would like to schedule you for an initial interview at 6:15 p.m., Tuesday, April 22 Members
of the Park and Recreation Commission will conduct the interview. We will meet in the Council
Chambers at City Hall.
Please contact me if you are unavailable at this time. Again, thank you for your interest in
serving the City of Chanhassen.
Sincerely,
Todd Hoffman
Director of Park and Recreation
TH:gmb
pc: Mayor and City Council
Park and Recreation Commission
Don Ashworth, City Manager
Kate Aanenson, Planning Director
gApark \th \Fran ksP RCommLtr
"4k-,
1
G e.
2
�J
CARVER COUNTY SHERIFF'S
DEPARTMENT AREA REPORT
PERIOD ENDING
02 -28 -97
FOR: CHANHASSEN CITY
Description
This Year
Last Year
Current
YTD
Current
YTD
Month
Month
Assault
2
2
2
5
Burglary
4
7
12
18
Drug Violation
1
2
1
1
Disturbing Peace
24
49
18
31
Traffic /Alcohol Related
4
13
8
15
Misc. Criminal
22
33
10
21
Property Damage/Vandalism
7
21
21
32
Robbery
0
1
0
0
Sex Crime
0
0
0
4
Theft
24
56
25
56
Uttering /Bad Check
1
4
2
3
Vehicle Theft
3
4
4
6
TOTAL CRIMINAL
92
192
103
192
Abuse /Neglect
1
5
13
13
Domestic
6
16
11
19
Missing Person
5
8
6
9
Prowler
2
4
2
5
Suspicious Activity
34
57
23
41
Explosvie Permit
0
0
0
0
Alarm
40
95
42
101
Open Door
6
12
8
12
Fire
12
39
27
60
Medical
28
62
28
59
Business /Residential Check
2
3
2
5
Animal
24
49
26
50
Boat & Water
0
1
0
0
Civil Process Service
0
0
0
0
Warrant Service
2
4
1
1
Transports
1
1
4
4
Assist Other Agency
2
7
6
8
Gun Permits /Carry
0
0
1
1
Gun Permits /Acquire
10
17
7
14
Gun Permits/Transfer
1
2
0
0
Lock PO
0
0
0
1
Unlock Vehicle /Building
51
103
46
92
Motorist Assist
21
60
41
100
PD Accident
37
92
35
103
PI Accident
7
19
7
23
Fatal Accident
0
0
0
0
Traffic Misc
33
98
38
113
Misc. Non —Crim
32
62
40
75
Mental Health
5
8
6
7
TOTAL NON —GRIM
362
824
420
916
TOTAL REPORTED
454
1016
523
1108
Description 1997
January
February March April May
Assault
0
2
Burglary
3
4
Drug Violation
1
1
Disturbing Peace
25
24
Traffic /Alcohol Related
9
4
Misc. Criminal
11
22
Property Damage/Vandalism
14
7
Robbery
1
0
Sex Crime
0
0
Theft
32
24
Uttering /Bad Check
3
1
Vehicle Theft
1
3
TOTAL CRIMINAL 100 92 0 0 0
Abuse /Neglect
4
1
Domestic
10
6
Missing Person
3
5
Prowler
2
2
Suspicious Activity
23
34
Explosive Permit
0
0
Alarm
55
40
Open Door
6
6
Fire
27
12
Medical
34
28
Business /Residential Check
1
2
Animal
25
24
Boat & Water
1
0
Civil Process Service
0
0
Warrant Service
2
2
Transports
0
1
Assist Other Agency
5
2
Gun Permits /Carry
0
0
Gun Permits /Acquire
7
10
Gun Permits/Transfer
1
1
Lock PO
0
0
Unlock Vehicle /Building
52
51
Motorist Assist
39
21
PD Accident
55
37
PI Accident
12
7
Fatal Accident
0
0
Traffic Misc
65
33
Misc. Non —Crim
30
32
Mental Health
3
5
TOTAL NON —GRIM 462 362 0 0 0
TOTAL REPORTED 562 454 0 0 0
CARVER COUNTY SHEI•*
MONTHLY TIME TOTALS
MONTH: FEBRUARY 1997 MUNICIPALITY: CHANHASSEN CITY
TIME
00:00
-01:00
19
01:00
-02:00
13
02:00-03:00
9
03:00-04:00
6
04:00-05:00
2
05:00
-06:00
6
06:00-07:00
15
07
15
08:00
-09:00
17
09:00-10:00
24
10:00-11:00
27
11:00
-12:00
21
12:00
-13:00
20
13:00-14:00
21
14:00
-15:00
21
15:00
-16:00
24
16:00-17:00
37
17:00-18:00
28
18:00 -19:00
27
19:00-20:00
28
20:00 -21:00
18
21:00-22:00
25
22:00-23:00
20
23:00-24:00
11
TOTAL 454
CITY OF
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Leslie Michel, Support Services
Beth Hoiseth, Crime Prevention Specialist
FROM: Scott Harr, Public Safety Director e 74
DATE: March 24, 1997
SUBJ: Commendation
Having the first community meeting behind us, this memo is to commend both of you for the excellent
job you did in assisting us in meeting the legislative mandate regarding Sex Offender Notification. I
remain extremely proud of the part that Chanhassen Public Safety played in the process involving the
various law enforcement and social service agencies from Chaska and Carver County. This successful
effort shows off the strong skills both of you possess, and I am proud of you both!
SH:cd
PC: Don Ashworth, City Manager
Personnel File
- :'safety \sh \bethIes
Ila
WHY NOT HERITAGE SQUARE?
I was totally surprised and very disappointed to read in the March 6 Villager a report about the
proposed multiple story Office/Retail development on the Pauly's site.
Almost twenty years ago the City Council had a vision to create an Historic Preservation Area at
this location. The Council made a commitment to save the old St. Hubert's Church, vacated the
North -South road in front of the church and moved the old City Hall in anticipation of removing
the three business buildings and creating a Heritage Park.
The City has invested between $ 1.5 and $2 million of your tax dollars in the negotiation,
purchase and demolition of the three buildings at the Pauly site. Now the city contends that this
one acre open space is too valuable for a park and wants to sell it for $400,000. This property
was taken off the tax roles many years ago. Therefore, property taxes should not be a factor in
this decision.
Do we need to develop every square foot of our City? I don't think so. Let's leave some open
space in our down town area for future generations to enjoy. An office building or other multiple
story complex does not belong in an area that should be preserved as an historic remembrance
of our past.
We now have a unique one -time opportunity to preserve our Chanhassen heritage by creating a
beautiful park centered around the historic old St. Hubert's Church and the old City Hall. Saving
this site for a park is simply the right thing to do.
I'm sure that the community spirit of our civic organizations, such as the Lions Club, Jaycees,
KCs, American Legion, Scouts, Chamber of Conunerce, Rotarians, and Senior Citizens could be
called upon to participate in building such a park, by planting trees, shrubs, flowers and rock
gardens.
We must act now before it is too late. I encourage you to contact members of the Housing and
Redevelopment Authority (HRA), our mayor and council members to let them know how you
feel about this very important issue.
Dale Geving
Former City Councilman,
Senior Commissioner
March 20, 1997 1'`
Mr. Todd Gerhardt
Assistant City Manager
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Gerhardt:
We would like to express our desire to see the former Pauly's
site made into a park. Having moved to Chanhassen from out
of state, we notice much development but a lack of green
areas which are pleasing to the eye and enjoyable to spend
time in.
Even in its present condition, the area is such a pleasant
sight with pine trees and open space. The view of the church,
old Village Hall and cemetery is just charming and would
provide a lovely focal point for the town. A park with
benches and plants would be a beautiful site as one drives
through town and a lovely place to relax and visit. It
would be a wonderful gift to us and to future generations.
Please let us know if there is any way we can help make the
vision of this park a reality. Thank you for your consideration.
Yours sincerely,
Bonnie M. Nelson
Rodney Nelson
8764 Flamingo Drive
Chanhassen, MN 55317
361 -6317
CHANHASSEN ENVIRONMENTAL COMMISSION
REGULAR MEETING
MARCH 13, 1997
Meeting called to order by Uli Sacchet at 7:50 p.m.
MEMBERS PRESENT: Andrew Leith, Susan Morgan, Greg Havlik, Susan Markert, and Uli
Sacchet
MEMBERS ABSENT: Bill Coldwell, Charlie Eiler, Maureen Farrell, and Susan Wright
STAFF PRESENT Jill Sinclair, Environmental Resources Coordinator
APPROVAL OF MINUTES: Greg Havlik moved to approve minutes from Feburary 27, 1997.
Motion was seconded by Sue Morgan and approved by the Commission.
ALGAE ORDINANCE: Ms. Sinclair informed the Commission of the letter received by the
City from the MN Department of Agriculture. It advised the city that the algae ordinance was
unenforcable due to a state statute prohibiting any entitiy other than the state from regulating
pesticide use. The City has three options: 1. Repeal the ordinance. 2. Rewrite the ordinance to
allow use of pesticides. 3. Do nothing. Ms. Markert recommended option 3, it should be left as
it. Dr. Leith said challenging the ordinance is not a good idea since the whole intent would be
thrown out. After a bit more discussion, the Commission recommended option B be submitted
to the City Council. The wording "strongly do not recommend..." should be used.
REVIEW OF ARTICLE: Mr. Sacchet shared his editorial for the Villager with the
Commission. Dr. Leith offered several comments regarding the content of the piece, as did Ms.
Morgan and Ms. Sinclair. Mr. Sacchet said he would rework the article before submitting it to
the Villager.
Future articles: Deer
Community Garden(s)
Indoor Air Quality
Composting /Organic Fertilizers
EVENT PLANNING: Commission reviewed event items and notes are made on the attached
table.
The Commission reviewed various options for the rewards given to participants in the park
clean -up. A consensus chose frisbees as a suitable reward with water bottles a close second. Ms.
Sinclair will look into costs and ordering for the items.
GENERAL DISCUSSION Todd Hoffman made an appearance to announce that the Park
Task Force had voted that night to push forward with the referendum. Commissioners agreed it
Environmental Commission Minutes
March 13, 1997
Page 2
would be a good idea for each member to contribute editorials in support of the referendum once
more information was gathered.
Meeting was adjourned at 8:55 p.m.
Prepared and Submitted by Jill Sinclair
& /plan /js /ec /3- 13 -97min
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Todd Hoffman, Park & Recreation Director
FROM: Jerry Ruegemer, Recreation Supervisor
DATE: March 18, 1997
SUBJ: 1997 February Festival Evaluation
Snowball Open Golf Tournament
The Chanhassen Jaycees sponsored the event again this year. The course layout was good again .
this year, however, participation was way down. The golf tournament seemed to be a good idea
but it just hasn't worked. Maybe the Jaycees would like to become involved in another way with
February Festival. I'll talk with them.
Food and Drink Concessions
For the second straight year, the Chanhassen Lions served and operated the food and drink. The
Lions had a super day selling out on many items. They were very pleased. They are definitely
interested in doing concessions again.
Bonfire
The bonfire this year was downsized from previous years and in my opinion worked out great.
The wood seemed dryer this year which produced a heartier fire.
S'more Cookout
The Chanhassen Boy Scouts sold s'more kits at the bonfire. They did okay and would be
interested in selling again next year. They also would be interested in selling bait on the ice next
year as another fund raiser.
Todd Hoffman
March 18, 1997
Page 2
Skating L Rink
This year the skating rink was used more than any other year. Participants were having a great
time skating around the rink. They small effort required to plow the rink seems to pay off every
year.
Dog Sled Rides
The dog sled rides were extremely popular again this year. Bob Johnson from Cologne operated
the rides again this year. The city retained 15% of gross revenues which equaled $118. I was
happy with Bob and would ask him back.
Shuttle Service
Southwest Metro Transit provided the shuttle service again this year. Tom Junke is super
organized and arranges everything ahead of time so the shuttle operation is smooth every year.
With the 3 buses operating, they drove a total of 100 miles and transported 1,148 passengers.
Ice Fishing Contest
The fishing contest was up from last year's totals: 541 adult tickets and 315 youth tickets were
sold for a total of 856. Four fish were caught this year —1 bass and 3 perch. Lake Susan
continued for the fourth straight year to be very limiting in catching fish.
To increase participating, the contest and the rest of the activities will be moved to Lake Ann.
Historically, Lake Ann has been a better fishing lake which would hopefully increase our fish
totals.
General Comments
• Explore possibility of service organization taking over and running the ice fishing contest.
• Change locations from Lake Susan to Lake Ann.
• Keep contest time the same —1:00 to 3:00 p.m.
• Increase donations of door prized to lower the city's expenditures.
• Look for additional ways to lower promotional budget.
1997 FEBRUARY FESTIVAL
REVENUES AND EXPENDITURES
Revenue $3,336.00
101 -145 -4300
Deb Kind Design
$1,298.71
Bloomberg Communications
$ 600.00 (projection)
Duane Martin
$ 400.00
Minnesota Lawful Gambling
$ 25.00
Sign Source
$ 19.17
101- 145 -4370
$2,342.88
101 - 145 -4130
Cabin Fever Sports
$1,660.00
Fishing Prizes (cash)
$ 95.00
Festival Foods - supplies
$ 33.76
Target - supplies
$ 29.89
$1,818.65
101- 145 -4370
Mid America Printing
$2,935.25
Southwest Publishing
$ 787.80
Victoria Gazette
$ 75.00
$3,616.05
Total Revenue: $3,336.00
Total Expense: $7,777.58
Balance: - $4,441.58
1997 CITY COUNCIL WORK SESSIONS
DATE ITEMS
January 6 • Park Task Force, Community Survey
5:30 p.m. • Organizational Items
Courtyard Conference Room • Commission Responsibilities
• Accounts Payable
• Position Classification and Pay Compensation
Plan
February 3 • Interview Applicants for Planning Commission
6:30 p.m. • Housing & Redevelopment Authority
Courtyard Conference Room • Appointments to other City Commissions
• Topics for future work sessions
February 18 (Tuesday)
5:30 p.m.
Courtyard Conference Room
(Steve Berquist unable to
attend)
February 24 (before regular
meeting) 6: 00 p.m.
Couriyard Con erence Room
March 3
6:30 p.m.
Courtyard Conference Room
TIME
ALLOTTED*
• 45 minutes
• 45 minutes
• 15 minutes
• 15 minutes
• Position Classification & Pay Comp. Plan • 15 minutes
• Senator Oliver/Rep. Workman re: Property Tax • 30 minutes
Freeze for Senior Citizens
• Housing & Redevelopment Authority • 30 minutes
• Topics for future work sessions • 15 minutes
• Presentation of Park Survey Results, Decision I • 45 minutes
Resources.
Southwest Metro Transit Update and Loan
Request.
1997 Department Goals
CDBG
State of the City Address, Strategy
Set Special Meeting Date to Interview
Commission Members
Review Budget & Revenue Report Formats
•
March 13
•
5: 00 p.m. •
Courtyard Conference Room
March 17 •
6:30 p.m.
Courtyard Conference Room •
•
March 31- Meeting Canceled •
5:30 p.m.
Courtyard Conference Room •
(Mark Senn absent) I •
Team Building, Dick Leider
State of the City Address
Public Safety Commission/Building
Inspections Panel
State of the City Address, Review Presentation
Update from Planning Director re: Past,
Present & Future Document; Comprehensive
Plan; and PUD Ordinance.
Public Works Goals
Discussion of Board of Review Process,
County Assessor.
Communication, Nancy Mancino.
Affordable Housing
April 7
• Decision Resources Executive Summary on
6:30 p.m.
Carver County Library Needs, 5:00 p.m. at
Courtyard Conference Room
Carver County Courthouse
• Downtown Moratorium - 6:30 p.m.
• Board of Review & Equalization - 7:00 p.m.
• Park Task Force 7:45 - 9:00 p.m.
April 10
• Gateway Development, Steiner
5:30 p.m.
Courtyard Con erence Room
April 21
• Interview Public Safety Commission
6:30 p.m.
Applicants (2) - 6:30 p.m.
Courtyard Conference Room
• Joint Meeting with the Planning Commission -
7:00 p.m.
• Affordable Housing
• Finalize EDA
May 5
• Discussion with County Assessor ( ?) 5 p.m.
5:30 p.m.
• Comprehensive Review, MIS System;
Courtyard Conference Room
Demonstrations and Financial Review.
• Analysis of Tax Exempt and Public Lands
(Where, how many, fiscal impact)
• Meet with Senior Commission re: Goals
May 8
• Team Building, Dick Leider (All Day)
May 19
• Update on Water Resources Projects, Phillip
5:30 p.m.
Elkin
Courtyard Conference Room
• Local Sales Tax/Franchise Fees - Position
papers by Mark Senn and Don Ashworth
• Communication
• Interview Park & Recreation Commission
Applicants (4)
June 2
• Performance Review Discussion with Jim
5:30 p.m.
Brimeyer.
Courtyard Conference Room
• Historic area of downtown.
June 16
• Discussion of Performance Reviews,
5:30 p.m.
Department Heads and City Manager.
Courtyard Conference Room
(Nancy may be out of town
and, if so, this meeting would
be rescheduled)
June 30
• Public Works and Park Maintenance
5:30 p.m.
Expansion (at the Public Works Facility)
Courtyard Conference Room
July 7
5:30 p.m.
Courtyard Conference Room
July 21
5:30 p.m.
Courtyard Conference Room
August 4
5:30 p.m.
Courtyard Conference Room
August 18
5 :30 p.m.
Courtyard Conference Room`
September 15
• 1998 Budget: (Note: The budget schedule will
5:30 p.m.
be presented at the April 14 th meeting)
Courtyard Conference Room
- Park & Recreation Dept.
- Public Safety
September 29
• 1998 Budget:
5:30p.m.
- Planning Department
Courtyard Conference Room
- Administration
October 6
• 1998 Budget:
6:30 p.m.
- Public Works
Courtyard Conference Room
- Special Revenues & General Revenue
October 20
• 1998 Budget:
6:30 p.m.
- Present Balanced Budget & Strategic Plan
Courtyard Conference Room
November 3
6:30 p.m.
Courtyard Conference Room
November 17
6:30 p.m.
Courtyard Conference Room
December 1
6:30 p.m.
Courtyard Conference Room
December 15
6:30 p.m.
Courtyard Conference Room
December 29
6:30 p.m.
Courtyard Conference Room
* The time allotment is a "best guess" of how much time will be required to discuss the item.
More or less time will be allotted as necessary.
g:\user\karen\97worksessions.doc
Items to schedule:
• Code of Ethics.
• Park & Recreation Commission Interviews (after April 22)
• 1998 Budget, Conceptual Meeting
• Park & Recreation Items to be scheduled after the referendum vote:
• Park & Recreation Commission Long and Short Range Goals
• Park Acquisition and Development Five Year Capital Improvement Program
• Funding Sources for Park, Open Space, and Trail Initiatives
• The Chanhassen Senior Center —The Challenges Presented by the Promise of
Congregate Dining
• Replacement of Lake Ann Park Entrance Road and Parking Lot Infrastructure