Administrative SectionADMINISTRATIVE SECTION
Memo from Alison Blackowiak and Mike Lynch dated May 7, 1997.
Thank you to Don Ashworth dated April 23, 1997.
Environmental Commission Agenda dated May 8, 1997.
1997 City Council Work Sessions Schedule.
Copy of Statement and Check for Reimbursement of Chanhassen Public Opinion Survey.
Letter to Colleen Dockendorf dated May 1, 1997.
Letter to Bill Wyffels dated May 1, 1997.
Article from AMM Fax News, dated April 28 - May 2, 1997.
Memo to Scott Harr dated April 28, 1997.
Letter from James Grube, Hennepin County dated April 21, 1997.
Letter to Roger Knutson dated April 24, 1997.
Letter to Richard Wing dated April 16, 1997.
Chanhassen Library Quarterly Report 1997.\
Thank You Note to Bev.
Letters from Todd Hoffman dated May 6, 1997.
Memo from Scott Harr dated May 6, 1997.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
ITi51u to];AA 11JLVDI
TO: Mayor and City Council
FROM: Alison Blackowiak and Mike Lynch, Co- Chairs, Park Task Force
DATE: May 7, 1997
SUBJ: Park, Open Space, and Trail Referendum
The attached schedule describes the activities of the Park Task Force for the next six weeks.
Members of the Task Force and community members at large will be very busy during this time
frame. Your support and assistance is appreciated.
PARK REFERENDUM TASK FORCE SCHEDULE
Date
Time
Items
Monday, March 24, 1997
7:30 p.m.
City Council meeting/Receive Authorization to Proceed
Thursday, March 27, 1997
6:00 p.m.
PTF Meeting/Finalize Components/$
I Monday, April 7, 1997
7:30 p.m.
PTF /CC Work Session
Thursday, April 10, 1997
7:00 p.m.
PTF Meeting/Committee Assignments/Work Session
Monday, April 14, 1997
7:30 p.m.
City Council Meeting/Approve Special Election Resolution
Tuesday, April 15, 1997
Give Written Notice of Special Election Resolution to County
Auditor /Seek Bond Counsel Approval of Ballot Question
Tuesday, April 22, 1997
Receive Bond Counsel Approval of Ballot Question
Thursday, April 24, 1997
7:00 p.m.
PTF /Campaign Committee Kick Off, Jon Gurban, Speaker
Monday, April 28, 1997
7:30 p.m.
City Council Meeting/Approve Sample Ballot, Polling
Locations and Times
Tuesday, April 29, 1997
Give copy of Ballot Question to County Auditor
Thursday, May 1, 1997
7:00 p.m.
Campaign Committee Meeting
Thursday, May 8, 1997
7:00 p.m.
PTF Meeting
Monday, May 12, 1997
7:30 p.m.
Update City Council
Thursday, May 15, 1997
7:00 p.m.
Campaign Committee Meeting
I Saturday, May 17, 1997
Hot Week Campaign
Sunday, May 18, 1997
Hot Week Campaign
Monday, May 19, 1997
Hot Week Campaign
Tuesday, May 20, 1997
7:30 p.m.
Hot Week Campaign
Update park and Recreation Commission
Wednesday, May 21, 1997
Hot Week Campaign
Thursday, May 22, 1997
7:00 p.m.
Hot Week Campaign
Thursday, May 22, 1997
7:00 p.m.
PTF Newspaper Ad
PTF Meeting
Tuesday, May 27, 1997 7:30 p.m. Mail Brochure
Update City Council
Thursday, May 29, 1997 7:00 p.m. Publish and Post Notice of Election
Campaign Committee Meeting
Saturday, May 31, 1997
Sunday, June 1, 1997
Thursday, June 5, 1997
Monday, June 9, 1997
I Wednesday, June 11, 1997
Thursday, June 12, 1997
Friday, June 13, 1997
Saturday, June 14, 1997
g: \park've feren\cal enda cdoc
9 a.m: 5 p.m. City Wide Phone Bank
12 - 8 p.m. City Wide Phone Bank
7:00 p.m. Post Sample Ballot in County Clerk's Office /Campaign
Committee Newspaper Ads
PTF Meeting
7:30 p.m.
I Update City Council
3 - 9 p.m.
Put up road signs — "Please Vote on June 14"
"Get Out the Vote" Phone Banks
I
3 - 9 P.M.
Campaign Committee Newspaper Ads
"Get out the Vote" Phone Banks
7:00 p.m.
Campaign Committee Meeting
3 - 9 p.m.
I "Get Out the Vote" Phone Banks
Before 8 a.m.
Post Sample Ballot in Polling Location
8 a.m.- 8 p.m.
VOTING
1 - 7 p.m.
"Did you Vote" Phone Banks
6 - 10 p.m.
Supper and CELEBRATION!
"6
Environmental Commission Agenda
Thursday, May 8, 1997 at 7:00 p.m.
Regular Meeting
Planning Department Conference Room
690 Coulter Drive
Approval of Minutes
2. Arbor Day Assessment
3. Committee Appointments and Openings Update
4. Meeting Dates for Sumner Months
5. First Year Recap
6. Community Gardens Update
7. General Discussion
8. Adjournment
(Carver County needs volunteers to help distribute composters on May 17 from 8 a.m. to
noon at the Chaska Public Works garage. Over 750 composters will be picked up during
the four hours and the County would appreciate your help. Food and refreshments will be
provided for volunteers {how can you resist a free lunch ?!). Call Jill if you can donate any
time.)
Glplan/ec /agnd4 -10 -97
CHANHASSEN ENVIRONMENTAL COMMISSION
REGULAR MEETING
APRIL 10, 1997
Meeting called to order by Uli Sacchet at 7:05 p.m.
MEMBERS PRESENT: Andrew Leith, Susan Morgan, Greg Havlik, Susan Markert, Uli Sacchet, Bill
Coldwell, Charlie Eiler, Maureen Farrell, and Susan Wright
MEMBERS ABSENT: none
STAFF PRESENT: Phillip Elkin, Water Resources Coordinator
APPROVAL OF MINUTES:. (No minutes from 3/27/97 meeting— there was no quorum— only 4
members attended)
COMMUNITY GARDENS: Mr. Eiler started the discussion about the history of community gardens in
Chanhassen and how they have failed in the past. Several questions were generated by this subject such
as: Location? Maintenance? Who would Participate? What kind of garden -- vegetable, flower,
perennials? Ms. Morgan suggested having a gardening contest or a "parade of gardens." The discussion
was tabled until the next meeting.
NEWS ARTICLES: Mr. Havlik said that he hopes to have his article on deer finished in early May.
Ms. Farrell is planning to write an article on indoor air quality. She said that depending on the schedule
for the gardens. If gardens were a go for this summer, she would plan on a fall article, sooner if no action
is taken on the gardens. Ms. Markert shared her plan for writing a article on composting and organic
fertilizer. She stated that her term on the commission expired on May 1, 1997 and may affect her ability
to finish the article in time. Ms. Markert then asked general questions on the re- election or appointment
process. Ms. Farrell suggested contacting the Minnesota Landscape Arboretum for information on
upcoming events that could be worked into an article.
RECYCLING BROCHURE: The Commission was uncertain on the status of a recycling brochure.
Mr. Sacchet wondered if the brochure made in 1995 should be re- written or re- distributed. Item tabled
until next meeting.
GENERAL DISCUSSION: Discussion was started by Ms. Morgan about the responsibility of trash
disposal on construction sites. Several members shared stories of littering and poor maintenance of
construction sites near them. Ms. Markert invited the Commission to prepare a float for the Chanhassen
Forth of July parade.
ARBOR DAY ACTION LIST: Ms. Farrell asked if arrangements had been made for baking cookies.
Mr. Elkin said he would check with Ms. Sinclair upon her return. The Committee members decided that
an ad or event listing should be placed in next week's paper. The original plan was to place a notice a
week before, but that would be only two days before the event. Mr. Leith asked that Stan Tekkla be
removed from the advertisement, as he has not committed to being at the event. It was also decided that a
April 24 meeting was not necessary unless Ms. Sinclair felt one was necessary.
Meeting was adjourned at 8:35 p.m.
Prepared and Submitted by Phillip Elkin
G Apl an\J s \ec \4 -10 -97 M M
199 7 CITY COUNCIL WORK SESSIONS
DATE
January 6
5:30 p.m.
Courtyard Conference Room
February 3
6:30 p.m.
Courtyard Conference Room
February 18 (Tuesday)
5:30 p.m.
Courtyard Conference Room
(Steve Berquist unable to
attend)
February 24 (before regular
meeting) 6:00 p.m.
Courtyard Conference Room
March 3
6:30 p.m.
Courtyard Conference Room
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 Sens: absent)
ITEMS
• Park Task Force, Community Survey
• Organizational Items
• Commission Responsibilities
• Accounts Payable
• Position Classification and Pay Compensation
Plan
• Interview Applicants for Planning Commission
• Housing & Redevelopment Authority
• Appointments to other City Commissions
• Topics for future work sessions
• Position Classification & Pay Comp. Plan
• Senator Oliver/Rep. Workman re: Property Tax
Freeze for Senior Citizens
• Housing & Redevelopment Authority
• Topics for future work sessions
• Presentation of Park Survey Results, Decision
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
• 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
TIME
ALLOTTED*
• 45 minutes
• 45 minutes
• 15 minutes
• 15 minutes
• 15 minutes
• 30 minutes
• 30 minutes
• 15 minutes
• 45 minutes
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
Recreation Center
•
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.
Brimeyer.
Courtyard Conference Room
•
Comprehensive Review, MIS System
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.
June 16
•
Affordable Housing
•
Finalize EDA
June 30
•
Gateway Development, including TIF analysis
5:30 p.m.
•
1998 Budget Work Session Schedule
May 5
•
Discussion with County Assessor - 5 p.m.
5:00 p.m.
•
Analysis of Tax Exempt and Public Lands
Courtyard Conference Room
(Where, how many, fiscal impact)
•
Meet with Senior Commission re: Goals
•
Park & Recreation Commission Interviews (4)
May 8
•
Team Building Workshop, Dick Leider - -The
9:00 am. - 4:30 p.m.
workshop will be held in Suite 1750 (17''
Normandale Lake Office
floor) of the Normandale Lake Office Tower,
Tower
8500 Normandale Lake Boulevard (the Tower
adjoining Kincaid's Restaurant).
(Lisa 921 -8686)
May 19
•
Meeting with Carver County HRA, Julie Frick
5:30 p.m.
in the Courtyard Conference Room
Courtyard Conference Room/
•
Citizen Input, Comprehensive Plan Meeting
Recreation Center
Facilitated by Planning Staff and Mark
Koegler--Council's role is to listen (at the
Recreation Center)
June 2
•
Performance Review Discussion with Jim
5:30 p.m.
Brimeyer.
Courtyard Conference Room
•
Comprehensive Review, MIS System
Demonstration and Financial Review
•
Historic area of downtown, Planning with
Staff
•
1998 Budget Expectations, Discussion
June 16
•
No work session -- -Nancy and Mike will be out
of town.
June 30
•
City Council meets with Jim Brimeyer (1 hr.)
5:30 p.m.
•
City Council and City Manager meet for a
Courtyard Conference Room
performance review with Jim Brimeyer (1 hr.)
•
Discussion of Performance Reviews of
Department Heads
45 minutes
1 hour
1 hour
5:30 -6:30 p.m.
7:00 -9:15 p.m.
5:30 -6:00 p.m.
5:30 -6:30 p.m.
6:30 -7:30 p.m.
7:30 -8:30 p.m.
July 7
5 :30 p.m.
At the Arboretum
(this location has not
been confirmed yet)
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
• Peter Olin and staff to give us a presentation.
• Mike Gorra on golf course.
• Meet with Senior Commission regarding
goals.
• Analysis of tax exempt and public lands
• Fire Department and City Council get together
(Tentative)
September 15 1998 Budget: (Note: The budget schedule will
5 :30 p.m. be presented at the April 14`" meeting)
Courtyard Conference Room - Park & Recreation Dept.
- Public Safety
September 29 • 1998 Budget:
5 :30 p.m. - Planning Department
Courtyard Conference Room - Administration
October 6 • 1998 Budget:
5 :30 p.m. - Public Works
Courtyard Conference Room - Special Revenues & General Revenue
October 20 • 1998 Budget:
5 :30 p.m. - Present Balanced Budget & Strategic Plan
Courtyard Conference Room
November 3
5 :30 p.m.
Courtyard Conference Room
November 17
5 :30 p.m.
Courtyard Conference Room
December I
5 :30 p.m.
Courtyard Conference Room
5 :30 - 6:30 p.m.
6:30 - 7:00 p.m.
7:00 - 8:00 p.m.
8:00 - 9:00 p.m.
December 15
5:30 p.m.
Courtyard Conference Room
December 29
5:30 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:
• Public Works and Park Maintenance Expansion (at the Public Works Facility)
• Code of Ethics.
• Park & Recreation Commission Interviews (after April 22)
• 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
• February Festival
• Comprehensive Review, MIS System; Demonstrations and Financial Review.
• Update on Water Resources Projects, Phillip Elkin
Local Sales Tax/Franchise Fees - Position papers by Mark Senn and Don Ashworth
• Communication
1998 Budget, Conceptual Meeting
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Thank you!
$ 0.00
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Make all checks payable to: City of Chanhassen.
Please write the following code on your check:
If you have any questions concerning this invoice, call: (612)- 937 -1900.
THANK YOU FOR YOUR BUSINESS!
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Make all checks payable to: City of Chanhassen.
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If you have any questions concerning this invoice, call: (612)- 937 -1900.
THANK YOU FOR YOUR BUSINESS!
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
May 1, 1997
Colleen Dockendorf
2061 Oakwood Ridge
Chanhassen, MN 55317
Dear Colleen,
CONGRATULATIONS on your appointment as the newest member of the Chanhassen Public Safety
Commission. I know that you will make an excellent part of the commission, and let me assure you that
you will enjoy it as well!
Please mark your calendars for the next commission meeting at 7:00 pm in the Courtyard Conference
Room at City Hall on Thursday, May 8, 1997. You can go ahead and mark the second Thursday of each
month, same time, for meetings. Your name will be added to the commission packet distribution list,
and your packet will be delivered to you prior to the meetings.
If you have any further questions, please contact me. Again, CONGRATULATIONS - - I'm genuinely
pleased to have you a part of the commission!
Sincerely,
0 &eWvAK-%-�
Scott Harr
Public Safety Director
g 1 safeW h`p wmmcd
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
May 1, 1997
Bill Wyffels
2263 Stone Creek Lane East
Chanhassen, MN 55317
Dear Bill,
CONGRATULATIONS on your appointment as the newest member of the Chanhassen Public Safety
Commission. I know that you will make an excellent part of the commission, and let me assure you that
you will enjoy it as well!
Please mark your calendars for the next commission meeting at 7:00 pm in the Courtyard Conference
Room at City Hall on Thursday, May 8, 1997. You can go ahead and mark the second Thursday of each
month, same time, for meetings. Your name will be added to the commission packet distribution list,
and your packet will be delivered to you prior to the meetings.
If you have any further questions, please contact me. Again, CONGRATULATIONS - - I'm genuinely
pleased to have you a part of the commission!
Sincerely,
P� ° ter /' �`�• -�--'
Scott Harr
Public Safety Director
8 safeWsh`pscommcd
ril 29, 1997 3:44 PM From: AMM
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Fax #: 281 -1299 Page 2 of 2
Association of
Metropolitan
Municipalities
April 28 - May 2, 1997
Call your legislators about
TIF, HACA and levy limits!
T he Tax Conference Com-
mittee begins its work
Thursday, flay 1. You may
wish to contact your legisla-
tors concerning TIF prob-
lems, House HACA reduction
(which will raise property
taxes) and levy limit prefer-
ences.
TIF
In addition to some fairly
restrictive TIF amendments in
the House Omnibus Tax Bill
(see April 25 ANU\ Bill Track-
ing report), there are signifi-
cant ramifications due to
class rate compression.
Neither House nor Senate
Tax Bill has any corrective
provision for decreased
rates on C/I property for
1998 or 1999. Thus, some
(many) districts could be
seriously short TIF increments
for bond payments.
If property tax reform 2000
in the House bill is adopted,
there is a pot of money set
aside for TIF bond deficien-
cies in the year 2000 and
beyond.
HACA
Although the House bill
provides some HACA for
r1I cc rn +c � V� Cci" i+
shifts $180 I of city /county
HACA to schools. City net loss
is about $22.4 ! 1. This is par-
tially offset by an additional
$8.9 JA of LGA.
The Senate Tax Bill makes no
change to HACA /LGA from
current law and is therefore
preferable to House lan-
guage.
LEVY LIMITS
Both tax bills provide an
increase for inflation (IPD)
and household growth plus
allow bonded debt as a
special. The Senate bill is for
two years compared to three
years In the House bill.
The House bill allows special
levies for extra welfare costs,
flood damage, federal or
state grant match in excess
of 1997 amounts, and repair-
ing natural disaster damage.
The Senate two -year sunset
and the House special levies
are the preferred options.
The appointed House con-
ference committee members
are: Reps. Long, Vdinter, E.
Olson, Dawkins and Abrams.
The Senate members will likely
be: Sens. D. Johnson,
Hottinger, Pappas, Scheid
rrnr`I Q. clrrn,-vcr
CITY OF
CHANHASSEN
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Scott Harr, Public Saftey Director
Jeff Keogh, Mechanical Inspector
April 28, 1997
Chanhassen car wash
Responding to a concern of Mr. Steve Berquist, I went to the car wash at 30 Lake Drive
East to check on the number of reduced pressure zone backflow preventers (rpz's) that are
installed. Mr. Berquist said to me in a phone conversation on April 24 he thought there
are four rpz's are installed and wondered why . My findings were only two rpz's are
installed in the building and they are required by code. The rpz's are required by the
Minnesota State Plumbing code to protect the cities potable water from possible
contamination by the detergents and other chemicals that are used in the car washing
process.
pc: Mr Steve A. Kirchman, Building Official
Building file 30 Lake Drive East
g'safiev'jk brquisC
Cdr �
,fie N„
enneD In
Mr. Roger Gustafson
Carver County Engineer
600 East 4th Street
Chaska, MN 55318
Mr. Eugene Dietz
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Reconstruction of TH 101
Gentlemen:
ounty Emalover
Mr. Charles Folch
Director of Public Works
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
It is anticipated that on April 29, 1997, the Hennepin County Board of
Commissioners will authorize negotiation and execution of an agreement with SRF
Consulting, Inc. for the development of the design concept for the reconstruc-
tion of TH 101 from TH 5 to CSAH 62. As we begin formal discussions regarding
the design concept, we need to keep in mind which construction items will be
eligible for County turnback funds and which will not be eligible for such
expenditures.
Recently, Roger and I have had occasion to hear from the District State Aid
Engineer (DSAE) his interpretation of how County turnback funds could be
expended. Concerned with the possibility that we may be incorrect in our
interpretation of eligible and ineligible construction work, I sought the DSAE's
written guidance and received the accompanying response. As we proceed with the
project, I recommend we refer to the DSAE's letter as we develop the project
scope. In addition, I recommend we invite the DSAE to participate in funding
conversations, where and when appropriate.
If I am incorrect in my position or you
proceed, I must be advised immediately,
earnest in the near future.
Sincerely,
James N. Grube, P.E.
Transportation Division Manager
-- RI�
JNG:mvr ,c -F 2 _ i997
Attachment
cc: Vern Genzlinger
Bob Roscoe, SRF Consulting Group, Inc. ENG INE ER S
Bruce Polaczyk
Department of Public Works
320 Washington Avenue South Recycled Paper
Hopkins, Minnesota 55343 -8496
(612)930 -2500 FAX:(612)930 -2513 TDD:(612)930 -2696
have reservations on how we are to
as I intend to begin this project in
Minnesota Department of Transportation
(® Metropolitan Division
CO Waters Edge
1500 West County Road B2
Roseville, MN 55113
April 16, 1997
Mr. James Grube
Hennepin County Highway Engineer
320 Washington Avenue South
Hopkins, Minnesota 55343 -8468
RE: Jurisdictional Transfer of TH 101
Hennepin and Carver County
Dear Mr. 9d6e:
In response to your letter of April 7, 1997 I offer the following guidance:
Minnesota statutes governing trunk highway turnback to counties limits tumback funds to
"restoration" of the road. Restoration has been construed to include costs of restoration due to
two possible causes:
1) When through the passing of time the facility has physically degraded due to
weathering and /or wear.
2) When through the passing of time the environment of the roadway has changed and
the roadway needs to be restored to "keep up with the times ".
Using this guidance, I feel that the project will be generally eligible for county turnback funds.
Exceptions will be non - existing trails and sidewalks, non -safety related street lighting, and
landscaping. Warranted signals will be eligible, as would noise walls required by state law.
I recommend a review of design elements by this office prior to final negotiations with other
agencies.
Respectfully,
Robert S. Brown, P.E. j
Metro Division State Aid Engineer P.; rt 1 'D W
cc: Pat Murphy w /attachment
Henn.County corsp.file
An equal opportunity employer
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
April 24, 1997
Mr. Roger Knutson
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
VIA FACSIMILE
Re: Draft Water Tower Antennae Agreement with U.S. West New Vector Group, Inc.
File No. PW- 364A -1
Dear Roger:
I have had the opportunity to review the draft water tower antennae agreement with U.S. West
New Vector Group, Inc. and offer the following comments:
1. Paee 1. Recitals. Subpart A - Change "Scott" County to "Carver" County.
2. Page 2, Paragraph 3, Sub paragraph A - We may want to incorporate an annual CPI
adjustment to the rental fee schedule.
3. Page 3 - Add new Paragraph 3.5 entitled "Preliminary Study /Approval" to read as follows:
Before obtaining a building permit, COMMUNICATIONS COMPANY must pay for the
reasonable cost of (i) a radio frequency interference study carried out by an independent
and qualified professional selected by the City showing that the COMMUNICATIONS
COMPANY antennae use will not interfere with any existing communication facilities; and
(ii) and engineering study showing that the water tower is able to support the antennae
and equipment, as defined in subparagraph 4 (A) without prejudice to the City's use of the
water tower. If the study finds that there is a potential for interference that cannot be
easily remedied or for prejudice to the water tower, the City may terminate this lease
agreement immediately and refund the initial rental to COMMUNICATIONS
COMPANY.
Roger Knutson
April 24, 1997
Page 3
other information reasonably requested by the City of such requested update or
replacement, including, but not limited to, a technical study, carried out at
COMMUNICATIONS COMPANY expense. The City may not unreasonably withhold
approval.
8. Page 5 - Add subparagraph 5E to read as follows:
As technological advances and improvements to antennae are developed which are
routinely used in COMMUNICATIONS COMPANY business, the City may require, in its
sole discretion, the replacement of existing antennae with the improved antennae if the
new antennae are more aesthetically pleasing or otherwise foster a public purpose, as long
as the installation and use of the improved antennae are practical and technically feasible at
this location.
9. Paee 6. Paragraph 7. Sentence 2 - Strike "normal wear and tear excepted" from this
sentence.
10. Page 7 - Add Subparagraph 8A(h) to read as follows:
If the City determines that a potential user with a higher priority as identified under
paragraph 10 below cannot find another adequate location or the antennae and equipment
unreasonably interfere with another user with a higher priority, regardless of whether or
not such an interference was predicted in the initial interference study that was a part of
the application process. Note that the last sentence of subparagraph 8A(g) will need to
include a semi -colon and the word "or ".
11. Page 7 - Add subparagraph 8D to read as follows:
If COMMUNICATIONS COMPANY terminates this agreement other than of right as
provided in this agreement, COMMUNICATIONS COMPANY shall pay to the City as
liquidated damages for early termination, 150% of the annual rent for the year, unless
COMMUNICATIONS COMPANY terminates during the last year of any term under
Paragraph 2, and COMMUNICATIONS COMPANY has paid the annual rent for that
year.
12. Paee 7. Paragraph 9 - Re -label the existing paragraph as Subparagraph 9A and add a new
Subparagraph 9B to read as follows:
COMMUNICATIONS COMPANY acknowledges that City may permit additional
buildings to be constructed on the property described in Exhibit A. At such time that this
4- THU 09:15 FAX 612 152 5550 C K S & F '�� CHANHASSEN 2001
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452 -5000 FAX: (612) 452 -5550
FAX TRANSMITTAL
DATE: -.4/- /7- 97
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IF YOU DO NO T RECEIVE ALL PAGES, PLEASE CALL SUE NELSON AT (612) 452 -5000.
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NOTICE OF CONFIDENTIALITY
J
,e information contained in and transmitted with this facsimile is:
SUBJECT TO THE ATTORNEY- CLIENT PRIVILEGE;
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is intended only for [hc individual or entity designated above. You arc hereby notified that any dissemination, distribution, copying or use of or
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S. Mail or, if authorization is granted by scndcr, destroyed.
04.17.97 THU 09:16 FAX 612 452 5550 C K S & F
WATER TOWER
ANTENNAE AGREEMENT
4aa CHANHASSEN li� 002
THIS AGREEMENT is made and entered into this day of ,
1997 by and between the CITY OF CHANHASSEN, MTINNESOTA, a Minnesota municipal
corporation (hereinafter referred to as the "City"), and U S WEST NEW VECTOR GROUP,
INC., a Colorado corporation (hereinafter referred to as "COMMUNICATIONS COMPANY ").
A. The City is the fee owner of certain land located in Scott County, Minnesota
legally described on Exhibit A attached hereto (hereinafter referred to as the "Property ").
B. Located on the Property is a municipal water tower owned, operated and
maintained by the City (hereinafter referred to as the "Water Tower ").
C. COMMUNICATIONS COMPANY desires to install, operate and maintain a
single facility, consisting of a total of twelve (12) antennae, used for the transmission and
reception of radio communication signals in such frequencies as may be assigned by the Federal
Communication Commission (hereinafter referred to as the "Antennae "), and to provide for the
storage of related equipment (hereinafter referred to as the "Equipment ") in accordance with the
terms of this Agreement.
D. The parties desire to enter into this Agreement relating to the use of the Water
Tower,
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals and for other good,
valuable and fair consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. AUlborization to_Us_ a Wat Tower The primary purpose of the City's
ownership of the Property is to: (a) operate and maintain a municipal water tower so as to
provide water service to residents of Chanhassen; and (b) to provide governmentally related
communication systems for the City of Chanhassen. Subject to the terms of this Agreement, the
City authorizes COMMUNICATIONS COMPANY's non- exclusive use of a certain portion of
the Property, which is legally described on Exhibit A attached hereto, subject to any and all
existing easements and restrictions not inconsistent with the rights granted hereunder for the
purposes described in Paragraph 4 of this Agreement, including the installation, operation, and
maintenance of the Antennae and the storage of the Equipment. The location on the Water
Tower where COMMUNICATIONS COMPANY is authorized to install the Antennae and the
location of the Equipment Shelter ( "Site Plan") on the Property are depicted on Exhibit B
attached hereto.
50174.o1 CHAN:US WEST NEW VECTOR
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04 %17.97 THU 09:16 FAX 612 452 5550 C K S & F
44- CHANHASSE` Z003
2. Term The term of this Agreement shall begin on , and
end at midnight on , ( "Initial Term "). COMMUNICATIONS
COMPANY shall have the right to extend the Initial term of this Agreement for two (2)
additional five (5) year terms ("Renewal Term"), subject to the provisions of paragraph 5, and
provided that it gives City written notice of its intention to extend at least sixty (60) days prior
to the expiration of the then - existing term.
3. Rent and Com g0caa. 6012
A. I_n_ itial and Renewal Term,. Beginning on , and on each
during the Initial Term, rent shall be paid, in one payment, by
COMMUNICATIONS COMPANY to the City in the annual amount of $
Thereafter, the annual rent for each Renewal Term shall increase by fifteen percent
(15 %).
Upon the termination of this Agreement, without regard to the cause for such
termination, all right, title and interest in and to the Equipment Shelter shall be vested
with the City. Upon such termination, the Equipment Shelter shall remain upon the
Property in the location depicted on Exhibit D.
B. Sunnlementary B4uiUment. On the Commencement Date of the Lease,
COMMUNICATIONS COMPANY agrees to provide the City the following
supplementary equipment, all of which are at the cost and expense of
COMMUNICATIONS COMPANY:
a) Three (3) Ultra portable telephones.
b) Three (3) additional batteries.
c) Three (3) 12 volt adapters.
At the commencement date of each renewal term, COMMUNICATIONS COMPANY
shall replace, at COMMUNICATIONS COMPANY's sole cost, the above described
cellular equipment with three (3) similar and cost effective telephones of comparable
value.
C. lA 1pu anent Shelter. In addition to the rental terms and payments provided for
above, COMMUNICATIONS COMPANY shall pay City a one -time non - refundable fee
of $ as compensation for COMMUNICATIONS COMPANY's use
of a portion of the Property for a building ( "Equipment Shelter ") for the storage of
Equipment related to the Antennae. Fxhibit D depicts the size, location and
configuration of the Equipment Shelter on the Property. COMMUNICATIONS
COMPANY's use of the Equipment Shelter shall be exclusive. The exterior finish of the
building must be brick or a material which simulates the appearance of a brick fascia.
The construction plan for the Equipment Shelter shall be submitted in accordance with
the City's ordinances and rules relating to the issuance of a building permit, and subject
to the review and approval of the City pursuant thereto prior tot he commencement of
construction of the Equipment Shelter. Such approval shall not be unreasonably withheld
or delayed if the materials for and appearance of the Equipment Shelter are substantially
CHAN:US WEST NEW VECTOR
50174.o1 t"
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04-17.97 THU 09:17 FAX 612 452 5550 C K S & F
y4y CHANHASSEN 0 004
identical to that depicted and/or described in Exhibit D hereto. COMMUNICATIONS
COMPANY shall provide for and be responsible for all utility services used by
COMMUNICATIONS COMPANY and the maintenance of the Equipment Shelter,
COMMUNICATIONS COMPANY shall be entitled to the exclusive use of the
Equipment Shelter during the Initial Term and during Renewal Terms.
4. V-sg.
A. COMMUNICATIONS COMPANY may use the Property and the Water
Tower solely for the purpose of constructing, installing, removing, replacing,
maintaining, and operating the Antennae, subject to such modifications and alterations
as may result from changes or improvements in technology. Prior to
COMMUNICATIONS COMPANY installing, subsequently modifying, or removing the
Antennae and the Equipment it shall provide written notice to the City, along with copies
of the plans and specifications of the work. The City shall have the right to approve the
manner of installation and the location on the Water Tower where COMMUNICATIONS
COMPANY installs the Antennae, which approval shall not be unreasonably withheld or
delayed. COMMUNICATIONS COMPANY shall not install any subsequent antennae
(beyond the original twelve (12)) without negotiating a written addendum to this
Agreement, which addendum shall include an increase in the annual rental fee.
B. COMMUNICATIONS COMPANY shall store all Equipment related to the
Antennae in the Equipment Shelter.
C. City will not in any way be responsible for the Antennae, the related
Equipment, the Equipment Shelter, or any personal property actually placed on the
Property or in the Equipment Shelter or installed on the Water Tower by
COMMUNICATIONS COMPANY.
D. The Antennae and the related Equipment shall remain the property of
COMMUNICATIONS COMPANY, subject to the terms of Paragraphs 7 and 8.
E. The City shall provide COMMUNICATIONS COMPANY with twenty-four
(24) hour, seven (7) day a week, year - around access to the Property and to the Water
Tower, subject to the City's right to limit access to the Water Tower in cases of
emergency or at times when the City is conducting repairs or maintenance on the Water
Tower. The City shall use reasonable efforts to minimize the disruption of
COMMUNICATIONS COMPANY's access to the Water Tower, in responding to any
such emergencies and performing such maintenance and repairs. The City will be
entitled to reimbursement from COMMUNICATIONS COMPANY if City incurs any
costs associated with providing COMMUNICATIONS COMPANY access to Water
Tower, Property or Equipment Shelter except in those cases where cost is incidental to
City obtaining access for its own purposes unrelated to COMMUNICATIONS
COMPANY's use of Antennae, Water Tower and Equipment Shelter. Notwithstanding
the foregoing, "access" does not require or impose upon the City an affirmative duty to
snowplow in order to provide "access" to the Property or to the Water Tower. The City
shall not be responsible in damages or otherwise for interruption in
50174.o1 CNAN:V3 WEST NEW VECTOR
RNK:04 118198 3 (Water Tower Site Antenna Leave)
14.17;97 THU 09:18 FAX 612 452 5550 C K S & F
4,� CHA\HASSEN 2 005
COMMUNICATIONS COMPANY services where the interruption is due to an
emergency or performance of maintenance and repairs on the Water Tower.
F. COMMUNICATIONS COMPANY shall take all steps necessary to prevent
any mechanics' or materialmen's liens from being placed on the Property as a result of
COMMUNICATIONS COMPANY's use of the Water Tower, Property and Equipment
Shelter, and specifically indemnifies the City from such liens.
G. The color of the Antennae and any Equipment placed on the Water Tower
shall match the color of the Water Tower.
H. COMMUNICATIONS COMPANY shall pay all personal and real property
taxes assessed against the Antennae, related Equipment and /or Equipment Shelter. If any
such improvements constructed on the Property should cause part of the Property to be
taxed for real estate purposes, it shall be the liability of COMMUNICATIONS
COMPANY to pay such property taxes.
1. The City represents and warrants to COMMUNICATIONS COMPANY that
COMMUNICATIONS COMPANY shall enjoy ingress, egress, and access from an open and
improved public road to the Property adequate to service the Property and the Equipment Shelter
at all times during this Agreement and at no additional charge to COMMUNICATIONS
COMPANY. Any access easements rented to COMMUNICATIONS COMPANY shall
terminate upon termination of this Water Tower Antennae Agreement and COMMUNICATIONS
COMPANY agrees to execute any and all documents necessary to remove the easement from
the Property.
5. Maintenance of Antennae: Modification.
A. COMMUNICATIONS COMPANY shall maintain the Antennae, Equipment, and
Equipment Shelter in good condition at all times, at its sole cost and expense.
COMMUNICATIONS COMPANY shall conduct all repair, replacement and maintenance
operations in accordance with applicable OSHA regulations or such other occupational
and safety regulations pertaining to such operations. Every five (5) years from the
commencement date of this Agreement, COMMUNICATIONS COMPANY shall have
the Antennae and Water Tower inspected by a Registered Civil Engineer and provide the
City with a copy of the inspection report. If COMMUNICATIONS COMPANY fails
to do so, and such failure creates a risk of damage or injury to persons or property (as
determined in the reasonable discretion of the City), the City may take such steps as it
determines to be necessary to protect persons or property; including removal of the
Antennae and the Equipment. COMMUNICATIONS COMPANY shall reimburse the
City for any costs incurred in connection with assuring compliance with the provisions
of this paragraph; including any costs of restoring the Water Tower and the Property to
their original condition. If COMMUNICATIONS COMPANY fails to pay the City for
such costs within thirty (30) days of a demand by the City for payment, the City at its
election may terminate this Agreement and retain the total payment of the current years
rent. Notwithstanding anything contained in this Paragraph 5 to the contrary, the City
shall not be entitled hereunder to take any action or to incur any costs for which
CHAN.US WEST NEW VECTOR
50174.01 4
(Water Tower ffib Antenna Lw09)
RNK:04 /18/98
04 THU 09:19 F.]T 612 452 5550 C B S & F
44-. CHANHASSEti Z006
COMMUNICATIONS COMPANY would be liable without first giving
COMMUNICATIONS COMPANY written notice of the breach of its obligations under
this Paragraph 5 and COMMUNICATIONS COMPANY fails to cure such breach within
thirty (30) days of its receipt of such notice; provided, however, that such cure period
shall not be required in the event that the breach by COMMUNICATIONS COMPANY
creates an immediate threat of damage or physical injury to persons or property (as
determined in the reasonable discretion of the City). These remedies are nonexclusive,
and the City expressly reserves its rights to pursue any available legal or equitable
remedies.
B. Any additional expense of repainting, repairing, or maintaining City's property
caused by COMMUNICATIONS COMPANY'S Antennae facilities, shall be paid
promptly by COMMUNICATIONS COMPANY to City upon City's notice to
COMMUNICATIONS COMPANY of such additional cost.
C. COMMUNICATIONS COMPANY shall remove its Antennae facilities at
COMMUNICATIONS COMPANY'S cost, upon reasonable notice to allow maintenance,
repair, repainting, or other activity as required by City. There may be scheduled
interruptions in use of the Antennae facilities. Except in the case of an emergency, City
shall give COMMUNICATIONS COMPANY thirty (30) days' notice of repair,
repainting, or restoration. In case of an emergency, City may remove
COMMUNICATIONS COMPANY'S Antennae facilities, but shall notify
COMMUNICATIONS COMPANY by telephone within a reasonable time. An
"emergency" shall be deemed to exist only in those situations which constitute an
immediate threat to the health or safety of the public or immediate danger to the
property. In the event the use of COMMUNICATIONS COMPANY'S Antennae
facilities is interrupted, COMMUNICATIONS COMPANY shall have the right to
maintain mobile cellular sites on wheels on the property or, after approved by City, on
any land owned or controlled by City in the immediate area of the property.
6. Utilities. COMMUNICATIONS COMPANY shall separately meter and pay all
electric and other utility services that are associated with the use of the Property, the Water
Tower, and the Equipment Shelter. The City agrees to cooperate with COMMUNICATIONS
COMPANY in its efforts to connect the Antennae and Equipment to existing utility service at
COMMUNICATIONS COMPANY's expense. The City makes no representation or warranty
regarding the availability of electric or other utility service to the Water Tower or the Equipment
Shelter. COMMUNICATIONS COMPANY shall have the right to install utilities, at
COMMUNICATIONS COMPANY's expense, and to improve the present utilities on the
Property including, but not limited to the installation of emergency power generators within the
Equipment Shelter. The City shall not be liable, and COMMUNICATIONS COMPANY waives
any and all claims against the City, for any interruption of electrical or other utility services
Property, Antennae or Equipment Shelter.
7. Re of Antennae and Equipment COMMUNICATIONS COMPANY shall
remove the Antennae and all personal property and trade fixtures at its own cost and expense
upon the expiration of the term of this Agreement, any earlier termination of this Agreement as
provided herein, or any Renewal Term. COMMUNICATIONS COMPANY shall, at its sole
50174.01 CHAN-US WEST NEW VECTOR
RNK:04 /1 8196 5 IWeter Tower Site Antenna Leese)
)4/17/97 THU 09:20 FAX 612 452 5550 C K S & F
44; CHANHASSEN Z 007
cost and expense, return the Water Tower and t to Property to the condition it was in prior to
the commencement of this Agreement, normal wear and tear excepted. In the event
COMMUNICATIONS COMPANY fails to so Iremove any component of the Antennae, the
Equipment, or both, or to return the Water Tower and the Property to their original condition,
within thirty (30) days of the termination of this Agreement, then the City shall have the right
to remove the Antennae or Equipment at COMMUNICATIONS COMPANY's sole cost and
expense. If COMMUNICATIONS COMPANY fails to reclaim the Antennae or Equipment with
thirty (30) days' notice from the date of removal 6y the City, said Antennae and Equipment shall
without further notice be deemed abandoned. No Antennae or Equipment will be released by
the City to COMMUNICATIONS COMPANY until COMMUNICATIONS COMPANY has
reimbursed the City for all expenses related to Iemoving the Antennae and the Equipment and
returning the Property and the Water Tower to their original condition.
g, Termination.
A. Except as otherwise provided herein, this Agreement may be terminated by either
party upon sixty (60) days' written notice to the other party, only as follows:
(a) by either party upon default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of
written notice of default to�the other party (without, however, limiting any
other rights of the parties pursuant to any other provisions hereof);
(b) by COMMUNICATIONS COMPANY for cause if it is unable to obtain
or maintain any license, permit, or other governmental approval necessary
for the construction and /ol, operation or use of the Property and the Water
Tower as a transmission facility and Equipment Shelter;
(c) by COMMUNICA77C
becomes unaccept:
COMMUNICATIONS
for its Antennae or rel
(d) by the City if COMMi
annual rental payment
commencement date of e
(e) by the City if it determir
engineer that the Water I
tower, for any reason inc
to the age of the structure
Water Tower or the Prol
condition of the Property
(f) by the City, if its City
of the Water Tc
COMMUNICATIONS
50174.01
RNK:0 4 /1 019 11
COMPANY for cause if the Property is or
for technological reasons under
9)PA Y's design or engineering specifications
)NS COMPANY fails to tender the
fifteen (15) business days of the
consultation with a licensed structural
structurally unsound for use as a water
ut not limited to considerations related
;e to or destruction of all or part of the
1n any source, or factors relating to the
I decides, for any reason, to discontinue use
for all purposes, in which event
PANY shall not be entitled to compensation
CHAN4IS WEST NEW VECTOR
(Water Tower Site Antenna Leese)
04 THU 09:20 FAX 612 452 5550 C K S & F -iii CH:LNH:ISSEN zoos
in any form for any reason as a result of the City's exercising its rights
under this subparagraph; or
(g) by COMMUNICATIONS COMPANY if City causes electrical utility
services to be interrupted for a period of more than thirty (30) days.
B. If City terminates this Agreement other than as of right as provided in this
Agreement, or City causes interruption of the business of COMMUNICATIONS
COMPANY or for any other City breach of this Agreement, City's liability for damages
to COMMUNICATIONS COMPANY shall be limited to the actual and direct costs of
Equipment removal, relocation or repair and shall specifically exclude any recovery for
value of the business of COMMUNICATIONS COMPANY as a going concern, future
expectation of profits, loss of business or profit or related damages to
COMMUNICATIONS COMPANY.
C. Notwithstanding anything contained in this Paragraph 8 to the contrary, in the
event that, at any time during the Initial Term, the City desires to terminate this
Agreement pursuant to either Clause (e) or Clause (f) of Subparagraph 8A above,
COMMUNICATIONS COMPANY shall have the right, at its option, to convert this
Agreement to a lease of a portion of the Property for the installation and operation of an
antenna tower which will permit COMMUNICATIONS COMPANY to continue the
operation of the facility contemplated by this Agreement, provided that such tower
otherwise complies with all applicable City ordinances (including the City building code),
and provided further that COMMUNICATIONS COMPANY notifies the City in writing
of the exercise of this right within thirty (30) days after COMMUNICATIONS
COMPANY receives the notice of the City required by said Subparagraph 8A.
9. Non - Exclusive Use. Upon paying the rent as required herein,
COMMUNICATIONS COMPANY shall have the right to the non- exclusive use of the Water
Tower and Property as permitted in this Agreement. City in no way guarantees to
COMMUNICATIONS COMPANY noninterference with COMMUNICATIONS COMPANY'S
transmission operations, provided, however, that in the event any other party except a high
priority user requests permission to place any type of additional antennae or transmission facility
on the property, the procedures of Paragraph 11D shall govern to determine whether such
antennae or transmission facility will interfere with COMMUNICATIONS COMPANY'S
transmission operations.
10. Interference C aused By Antennae COMMUNICATIONS COMPANY's
Equipment shall be installed and operated in a manner which does not cause interference or
otherwise impair the quality of the communication services being rendered by the following
higher priority users: (1) City; (2) public safety agencies including law enforcement, fire, and
ambulance services, that are not part of the City; and (3) other governmental agencies where use
is not related to public safety.
RNK:0 01 CHAN:US WEST NEW VECTOR
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11. Interference with Antennae o yeratiim .
y�4 CHANHASSEN Z009
A. T emn4ra ry Interrundons of Service.. If the City determines, in its reasonable
discretion, that continued operation of the Antennae would cause or contribute to an immediate
material threat to public health and /or safety (except for any issues associated with human
exposure to radio frequency emissions, which is regulated by the federal government), the City
may order COMMUNICATIONS COMPANY to discontinue its operation.
COMMUNICATIONS COMPANY shall immediately comply with such an order. Service shall
be discontinued only for the period that the immOiate threat exists. If the City does not give
prior notice to COMMUNICATIONS COMPANY, the City shall notify COMMUNICATIONS
COMPANY as soon as possible after its action and give its reason for taldng the action. The
City shall not be liable to COMMUNICATIONS COMPANY or any other party for any
interruption in COMMUNICATIONS COMPANY's service or interference with
COMMUNICATIONS COMPANY's operation of its Antennae, Equipment or Equipment
Shelter, except as may be caused by the negligence or willful misconduct of the City, its
employees or agents. In any event, the City's liability shall not extend beyond the obligation
to repair the cause of the interruption or interference. If the discontinuance extends for a period
greater than three (3) business days, COMMUNICATIONS COMPANY's sole remedy shall be
to terminate this Agreement within its sole discretion.
B. With Structure, COMMUNI
City's use of the Water Tower or Property
unreasonably and materially interfere with Cit
days after receipt of written notice of the
COMMUNICATIONS COMPANY's cessation
COMPANY's use of the Water Tower
COMMUNICATIONS COMPANY's use o
COMMUNICATIONS COMPANY's sole disci
have the immediate right to terminate this Agrt
►TIONS COMPANY shall not interfere with
id agrees to cease all such actions which
use thereof no later than three (3) business
terference from City. In the event that
action is material to COMMUNICATIONS
Property and such cessation frustrates
the Water Tower and Property, within
an, COMMUNICATIONS COMPANY shall
C. With Hieher Priority U=
Equipment causes impermissible interference wi
or with pre - existing tenants, COMMUNICA1
necessary to correct and eliminate the interfere
within 48 hours after receiving City's written nol
COMPANY shall immediately cease operating i
except intermittent operation for the purpose
eliminated. If the interference cannot be elimina
COMPANY received City's written notice, Cif
immediately.
D. Interferen Studv - New Oc
a bona fide request from any other party to lea
Water Tower and Property, COMMUNICATIL
twenty (20) days, the radio frequencies current
each transmitter and receiver installed and ope
time of such request. City may then have an
$0174.01
RNK:04 /10/90
. If COMMUNICATIONS COMPANY'S
the parties identified in paragraph 10 above
:ONS COMPANY shall take all measures
ce. If the interference cannot be eliminated
ce of the interference, COMMUNICATIONS
) Antennae and shall not reactivate operation,
of testing, until the interference has been
A within 30 days after COMMUNICATIONS
may at its option terminate this Agreement
r ti . Upon written notice by City that it has
an area including or in close proximity to the
1S COMPANY agrees to provide City, within
in operation or to be operated in the future of
Tonal on the Water Tower and Property at the
dependent registered professional engineer of
jl
CHAN:US WEST NEW VECTOR
�, )Water Tower Site Antenna Leese)
04/17, THU 09:22 F.Ll 612 452 5550 C K S & F
City's choosing perform the necessary interfere
frequencies will cause harmful radio interferenc
shall require the new applicant to pay for such i
grant a future lease in the Water Tower and P
priority to COMMUNICATIONS COMPANY,
interfere with COMMUNICATIONS COMPM
12. Future Develop . COMN
acknowledges that the City may utilize the Prop
the design and manner of such use shall be in tl
City undertakes such use, then the City and
cooperate with one another as necessary to faci
-4 CHAN'HASSEN 2010
:e studies to determine if the new applicant's
to COMMUNICATIONS COMPANY. City
inference studies. City agrees that it will not
perry to any party who is of equal or lower
' such party's use is reasonably anticipated to
"s operation of its Antennae or Equipment.
NICATIONS COMPANY understands and
y for public use at some future date, and that
sole discretion of the City. In the event that
OMMUNICATIONS COMPANY agree to
ite both parties use of the Property.
13. Indemnity.
A. General COMMUNICATIC
hold harmless City and its elected officials, of
from and against any and all claims, costs, lc
action, including reasonable attorneys' fees and i
be asserted against or incurred by the City
performance of this Agreement, except those
misconduct, or other fault of the City. COM
claims arising out of the installation, operation,
of COMMUNICATIONS COMPANY's Ante
Property.
COMPANY agrees to defend, indemnify and
xs, employees, agents, and representatives,
expenses, demands, actions or causes of
r costs and expenses of litigation, which may
for which the City may be liable in the
ch arise solely from the negligence, willful
MCATIONS COMPANY shall defend all
maintenance, repair, removal, or presence
e, Equipment and related facilities on the
B. lous Materials. City represents that City has no knowledge of any
substance, chemical, or waste on the Property that is identified as Hazardous Materials, toxic
or dangerous in any applicable federal, state or local law or regulation. Without limiting the
scope of Subparagraph 13(A) above, COCATIONS COMPANY will be solely
responsible for and will defend, indemnify, and hold the City, its agents, and employees
harmless from and against any and all claims, costs, and liabilities, including attorney's fees and
costs, arising out of or in connection with the eanup or restoration of the Water Tower and
Property associated with COMMUNICATIONS OMPANY's use of Hazardous Materials. For
purposes of this Agreement, "Hazardous Materia" shall be interpreted broadly and specifically
includes, without limitation, asbestos, fuel, ba riesi or any hazardous substance, waste, or
materials as defined in any federal, state, or local environmental or safety law or regulations
including, but not limited to, CERCLA.
C. COMMUNICATION CO MPANY's Warrantv. COMMUNICATIONS
COMPANY represents and warrants that its use of the Water Tower, Property and Equipment
Shelter will not generate and COMMUNICATIONS COMPANY will not store or dispose of on
the Property, nor transport to or over the Water7ower or Property, any Hazardous Materials,
unless COMMUNICATIONS COMPANY specifically informs the City thereof in writing
twenty -four hours prior to such storage, disposal for transport, or otherwise as soon as
COMMUNICATIONS COMPANY becomes iware of the existence of Hazardous Materials on
� I
50174./1 CHAN:US WEST NEW VECTOR
RNK:04 /1 H/99 9� Motor Tower Site Antenna Leaee)
0t 17.97 THU 09:25 FAX 612 452 5550 C K S & F
444 CHANHASSEN 2011
the Property. The obligations of this paragraph 13 shall survive the expiration or other
termination of this Agreement.
14. p m ge to the Water Tower or to the Pro COMMUNICATIONS
COMPANY's installation, operation, maintenance, modification, and removal of the Antennae
and Equipment shall not damage or interfere in any way with the Property or the Water Tower
operations or related repair and maintenance activities. If the activities of COMMUNICATIONS
COMPANY, or those of its agents, representative, employees, contractors, or subcontractors,
cause such damage or interference, C04MUhIICATIONS COMPANY will cure damage or
interference within thirty (30) days after ' receipt of written notice. If COMMUNICATIONS
COMPANY fails to cure such damage or 'Interference, the City without further notice may take
such steps as it deems necessary to repair the damage or remedy the interference, at the sole cost
and expense of COMMUNICATIONS COMPANY.
15. Casualty If any portion of the Property, Water Tower or Antennae is damaged
by a ny casualty and such damage materially and adversely affects COMMUNICATIONS
COMPANY's use of the Water Tower or Property, COMMUNICATIONS COMPANY may
give thirty (30) days' notice of its intention to terminate this Agreement. Such notice must be
given within fifteen (15) days of notice of the casualty. If the Agreement is terminated under
the provisions of this paragraph, the COMMUNICATIONS COMPANY shall not be entitled to
retain any portion of the annual rental.
16. Ouiet Eniovment. COMMUNICATIONS COMPANY, upon paying the rent,
shall peaceably and quietly have, hold and enjoy the Property and Water Tower. If, as of the
date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance
affecting the City's Property or Water Tower, then, agrees to obtain from the holder of such
encumbrance an Agreement that COMMUNICATIONS COMPANY shall not be disturbed in
its possession, use and enjoyment of the Property and Water Tower. The City shall not cause
or permit any use of the Property which interferes with or impairs the quality of the
communication services being rendered by COMMUNICATIONS COMPANY from the
Property.
17. Insurance.
A. As long as this Agreement ---- n effect, COMMUNICATIONS COMPANY
shall maintain a general liability insur policy that provides coverage for the Property and
the Water Tower from any damage to property or injuries to persons. Said insurance policy
shall provide coverage on an occurrence,basis in an amount no less than Two Million Dollars
($2,000,000), and shall include contractual list ility coverage to provide coverage for the
indemnification provision in paragraph 1',3 of this Agreement. Said insurance policy shall list
the City as an additional insured party. Said policy shall contain a clause that provides that the
insurer will not cancel, non - renew, or materially change the policy without first giving the City
thirty (30) days prior written notice. COMMUNIZATIONS COMPANY shall provide the City
with a Certificate of Insurance for said policy which specifically details the conditions of the
paragraph. COMMUNICATIONS COMPANY lall also maintain fire and extended coverage
insurance insuring COMMUNICATIONS COMP is personal property for its full insurable
value (subject to reasonable deductibles)
50174.01
RNK:0411 8188
i
!
CHAMUS WEST NEW VECTOR
10
h
(Water Tower Situ Anton a Leeeel
01.17.97 THU09:21 F:1_T6121525550 CKS &F
y44 CHA HASSEN Z012
B. Notwithstanding anything in this Agreement to the contrary, each party
releases the other party from all liability, whether for negligence or otherwise, in connection
with a loss covered by any policies which the releasing party carries with respect to the
Property, including the Antennae and Equipment Shelter, but only to the extent that such loss
is collected under such insurance policy(s). Any policy required to be obtained pursuant to this
Paragraph 17 shall contain a Waiver of Subrogation in favor of the other party to this
Agreement.
C. COMMUNICATIONS COMPANY shall provide City with proof of
workers' compensation insurance covering all of COMMUNICATIONS COMPANY's
employees and agents who access the Property.
18. Condition of Prooerty. COMMUNICATIONS COMPANY acknowledges that
the City makes no representations or warranties regarding the suitability of the Property or the
Water Tower for COMMUNICATIONS COMPANY's intended use under this Agreement. City
represents that the Water Tower and Property are in compliance with all building and other
life /safety codes.
19. Condemnation. In the event the whole of the Property is taken by eminent
domain, this Agreement shall terminate as of the date title to the Property vests in the
condemning authority. In the event a portion of the Property is taken by eminent domain, either
party shall have the right to terminate this Agreement as of said date of title transfer, by giving
thirty (30) days' written notice to the oth er party. In the event of any taking under the power
of eminent domain, COMMUNICATIONS COMPANY shall not be entitled to any portion of
the reward paid for the taking and the City shall receive full amount of such award.
COMMUNICATIONS COMPANY hereby expressly waives any right or claim to any portion
thereof. Although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Property, shall belong to City, COMMUNICATIONS COMPANY
shall have the right to claim and recover from the condemning authority, but not from City, such
compensation as may be separately awarded or recoverable by COMMUNICATIONS
COMPANY on account of any and all damage to COMMUNICATIONS COMPANY's business
and any costs or expenses incurred by City in moving /removing its Antennae, Equipment or
personal property. Sale of all or part of Water Tower or Property to a purchaser with power
of eminent domain in the face of the exercise of the private, shall be treated as a taking by
condemnation.
I
20. Waiver Except as otherwise provided in this Agreement, the rights and remedies
of the parties to this Agreement, whether provided by law or by this Agreement shall be
cumulative, and the exercise by either party of any one or more of such remedies shall not
preclude the exercise by it, at the same or different times, of any such remedies for the same
default or breach of any of its remedies for any other default or breach or of any of its remedies
for any other default or breach by the other party. No waiver made by either such party with
respect to the performance, or manner of time thereof, or any obligation under this Agreement
shall be considered a waiver of any rights of the'party making the waiver with respect to the
particular obligation of the other party or (condition to its own obligation beyond those expressly
waived in writing and to the extent thereof, or a waiver in any respect in regard to any other
rights of the party making the waiver of any other obligation of the other party. Delay by a
I i ,
i
50774.01
RNK:04 /1 E18E ! 11 Motor T o S WEST NEW VECTOR
Motor Tower Site Antenra Leese!
14, THU 09:25 FAX 612 452 5550 C K S & F 444 CHANHASSEN
party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
21. i 11 n
A. Wh A greement: Modifi
ole cation This Agreement contains all of the terms
and conditions relating to the rights granted herein, and replaces any oral agreements or other
negotiations between the parties relating to the Agreement. No modifications to this Agreement
shall be valid unless and until they have been placed in writing and signed by both parties
hereto.
B Sever If any term of this Agreement is found to be unenforceable or
invalid by a court of competent jurisdiction, such unenforceability or invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
C. Authoritv: Each party represents and warrants that it has full authority to
enter into and to sign this Agreement.
D. Counterparts: The parties may sign this Agreement in counterparts.
E. Bindine Effect: The terms, conditions, representation and covenants of this
Agreement shall extend to and bind the heirs, personal representatives, successors and assigns
of the City and COMMUNICATIONS COMPANY.
F. Assignment and 1DeleEation
(a) By COM MTTNTCATIONS C OMPANY: Except for COMMUNICATIONS
COMPANY's affiliates or subsidiaries, COMMUNICATIONS COMPANY may
not assign or pledge its rights or delegate its duties under this Agreement without
the City's prior written consent, which consent the City shall not unreasonably
withhold. For purposes of this Section, an affiliate means an entity that
controls, is controlled by, or is under common control with
COMMUNICATIONS COMPANY. No assignment or delegation shall release
COMMUNICATIONS COMPANY from any of its obligations arising under this
Agreement.
(b) By the Citv: The City may freely assign its rights and delegate its duties
under this Agreement to a joint powers organization of which it is now a
member, or to any such organization to which it may become a member during
the term of this Agreement.
G. Notices Notices shall be in writing and personally delivered, sent by United
States Mail, postage prepaid, certified or registered with return receipt requested or by any
nationally recognized overnight courier service to the following:
[a 013
CHAN-US WEST NEW VECTOR
50174.01 12
(Wirer Tower Site Antenna Leeee)
RNK:04 /10/98
0.1.17.97 THU 09 :25 FAX 612 4 52 5550 C H S & F
4 -; CHA\HASSEN 0 011
If to City: City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, MN 55317
ATTN: Don Ashworth, City Manager
If to U S West: U S West New Vector Group, Inc.
3350 161st Avenue S.E.
Bellevue, WA 98008 -1329
ATT N: Real Estate Department
H. Estov Certificate: Each party agrees to furnish to the other, within ten (10)
days after request, such truthful estoppel information as the other may reasonably request.
I. Governin Law This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
1. Broker If either party is represented by a real estate broker in this
transaction, that party shall be fully responsible for any fee due such broker, and shall hold the
other party harmless from any claims for comet' fission by such broker.
K. Memoran of Lease CitX agrees to cooperate with COMMUNICATIONS
COMPANY in executing any documents (in luding a Memorandum of Lease) necessary to
protect COMMUNICATIONS COMPANY'S rights, hereunder or COMMUNICATIONS
CONTANY's use of the Water Tower, Property or Equipment Shelter.
L. Headings. Headings at the bf; inning of paragraphs herein are for convenience
of reference, shall not be considered part of this Agreement and shall not influence its
construction.
IN WTI'NESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
CI(I'Y OF CHANAASSEN
50174.ot
RNK:04 /18/89
BY:
Nancy K. Mancino, Mayor
At TD i
Don Ashworth, City Manager
� I I
13 CMAN:US WEST NEW VECTOR
(Water Tower Site Antenna Leeael
01.17%97 THU 09:26 FAX 612 152 5550 C K S & F 474 CHANHASSEN Z015
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
U S WEST NEW VECTOR GROUP, INC.
BY:
Its
AND
Its
The foregoing instrument was acknowledged before me this day of
,1997, by Nancy K. Mancino and Don Ashworth, respectively the Mayor
and City Manager of the City of Chanhassen, Minnesota, a municipal corporation, on behalf of
the City, and pursuant to authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1997, by and
the , and . of US WEST NEW
VECTOR GROUP, INC., a Colorado corporation, on behalf of the corporation.
Notary Public
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
Telephone: (612) 452 -5000
RNK: srn
50174.Dt CHAN:US WEST NEW VECTOR
5074. I1 El9E 14 (Water Tower Site Antenna Leesel
04 17;47 THti 09:26 FAX 612 452 5550 C R S & F
hAuwi i A
to
WATER TOWER ANTENNAE AGREEMENT
(Legal Description)
444 CHANHASSEN O016
Pursuant to that certain Water Tower Antennae Agreement dated ,
between the City of Chanhassen, as Lessor and US West New Vector Group, as Lessee, Lessee
is leasing from Lessor a certain portion of the real property owned by the Lessor (the
"Property"), which is legally described as follows:
and commonly known as
, Minnesota.
5017401 CHAN:US WEST NEW VECTOR
RNK:04 /18196 15
(Wets Towor Sits Antenna Leeeel
CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Animal Control Cities
Dr. Jodi Arndt, Chanhassen Vet Clinic
Chief Rick Young, South Lake Minnetonka Public Safety
Lt. Dennis Siegfried, South Lake Minnetonka Public Safety
Sheriff Al Wallin, Carver County Sheriff's Department
Carver -Scott Humane Society
FROM: Scott Harr, Public Safety Director
DATE: May 6, 1997
SUBJ: Future of Animal Control Services by Chanhassen
Thanks to all of you who were able to attend our recent meeting regarding the above. The consensus was that
increased demands on Chanhassen's community service officer needs would necessitate the hiring of additional
personnel, plus the purchase of a new vehicle (if animal control contracting is to continue). The associated
costs would be so much higher than what cities presently pay, that this does not seem to be a positive option.
The consensus was that the issue of animal control, particularly in Hennepin County, should be addressed when
the South Lake police contract is reviewed this summer. Some discussion occurred as to whether Chanhassen
could, or would continue contracting with Victoria. I did discuss the meeting with Chief Young from South
Lake Minnetonka Public Safety.
The direction those in attendance are moving is to anticipate the possibility of Chanhassen discontinuing animal
control contracting as of 1/1/98; however, continuing cooperation by Chanhassen with our contracting cities
will remain available.
Those in attendance at the upcoming South Lake Minnetonka Public Safety contract discussion will get back to
me. Also, all the cities represented remain interested in what the Lake Minnetonka area efforts are to consider
developing a conglomerate of cities participating in animal control.
SH:cd
PC: Nancy Mancino, Mayor
Don Ashworth, City Manager
o \safety \sh \futureanim
& Mrs. Randall Mattran Mr. John Davis Mr. & Mrs. Thomas Shear
0 West Lake Court 8200 West Lake Court 8211 West Lake Court
anhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
. & Mrs. Richard Anderson Mr. Dale A. Lewis Mr. James L. Pebringer
.0 Lake Susan Hills Drive 1020 Lake Susan Hills Drive 1010 Lake Susan Hills Drive
: nhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Veronica Perttu Mr. Eugene Waara Mr. John McConnell
0 Lake Susan Hills Drive 990 Lake Susan Hills Drive 980 Lake Susan Hills Drive
. nhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
John Looshrock Mr. Jeffrey Tendick Mr. Todd Blackwell
Lake Susan Hills Drive 960 Lake Susan Hills Drive 950 Lake Susan Hills Drive
nhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
John Goedert Ms. Sue Sampson Mr. & Mrs. Tim Keehbler
Lake Susan Hills Drive 930 Lake Susan Hills Drive 8511 Drake Court
nhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
& Mrs. David Dummer Mr. Roger Hall Mr. & Mrs. Don Severson
1 Drake Court 8535 Drake Court 8547 Drake Court
nhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Myron Moser Mr. & Mrs. Roger Carlson Mr. David Petty
Drake Court 8571 Drake Court 8583 Drake Court
,hassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
& Mrs. Richard Jobin Mr. & Mrs. William Hart Mr. Larry Popplewell
Drake Court 8607 Drake Court 8619 Drake Court
diassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Mrs. Scott Fischer Mr. & Mrs. Patrick Cain Mr. & Mrs. Bruce Helmer
Drake Court 8608 Drake Court 8596 Drake Court
1hassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
ohn Devins
Drake Court
hassen, MN 55317
DESCRIPTION OF LAWFUL AND UNLAWFUL
CLEARING ACTIVITIES ALONG THE WESTERN SHORE OF LAKE SUSAN
Lawful Clearing includes:
• Clearing of leaves, grasses, undergrowth, downed wood, and trees of less than six inches in
diameter on private property.
Please remember that these activities are allowed, but are not necessarily beneficial to the
environment (see related article in the upcoming city newsletter).
Unlawful Clearing includes:
• Clearing of leaves, grasses, undergrowth, downed wood, and trees of any size or shape on
public property.
All of the land between the lake and trail is public property. Public ownership extends west of
the trail, 10 to 30 feet or more, dependent upon location.
If you have questions, contact Todd Hoffman, Park & Recreation Director at 937 -1900 ext. 121
or Jill Sinclair, Environmental Resources Coordinator at 937 -1900 ext. 150.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
May 6, 1997
Mr. John Devins
8584 Drake Court
Chanhassen, MN 55317
Dear Mr. Devins:
Over the past several years, the City of Chanhassen has become increasingly alarmed over unlawful
clearing of public property on the western edge of Lake Susan. We are very disappointed with the lack
of respect being granted the public buffer strip protecting the shoreline of Lake Susan. Large trees, in
addition to undergrowth, and grassy vegetation have been cleared.
This property was acquired for the benefit of all Chanhassen residents. Public monies were invested in
the acquisition of this land and it is protected from criminal trespass by Chanhassen ordinance. The trail
that is maintained along the lake in this location is intended to be enclosed in a tree top canopy and a
mass of undergrowth. Recent clearing in this area, both lawful and unlawful, has significantly altered
this environment. The attachment to this letter describes what activities are allowed and those that are
not. Notices, similar to this letter, have been mailed to property owners over the past few years.
Within the next few weeks, the city will survey the boundary separating public property from private.
Signage identifying the public property will be permanently installed along this boundary. If clearing of
the public property persists, the city will seek to charge the offending individual(s) with criminal damage
to public property.
Please feel free to contact us if you have any questions or other concerns.
Sincerely,
oe
Todd Hoffman
Park & Recreation Director
c: Don Ashworth, City Manager
Kate Aanenson, Planning Director
Mayor and City Council
Park & Recreation Commission
Planning Commission
Environmental Commission
Jill Sinclair
Environmental Resources Coordinator
g:\park\lli\lakesusanclearing.doc
7
/-o
CHANHASSEN LIBRARY QUARTERLY REPORT 1997
Here is a brief account of our First Quarter
January February March
Circulation up 9%
Reference questions were up 31
Library users now averaging over 5,000 people per month, up 4%
Notes:
Our databases have continued to be very useful. We have access now to 3 new magazine
databases: Health, Business, and Academic, in addition to Infotrac's General Reference Center
Gold. Due to the fact that most of the magazine articles cited are full text, and can be printed out,
these magazine / reference book databases greatly augment our book collection. We use these
databases to answer medical questions on specific diseases, or for company information for
people applying for jobs, for considering investing, or for business networking. Of course they
are also frequently used for school assignments. We also can easily access the State of
Minnesota Planning Department's database, Datanet, for information on demographics, lakes,
school districts, etc
The new space is a big help — it is not enough, of course!
We are looking forward to our new Internet /CD —Rom computer which should be arriving
in May.
With a larger space and collection, I know our circulation would go up even more.
We need more space for seated browsers and people to work and study. All our desks
and chairs receive constant use.
J
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Benefits of the South Metro Training Facility
PUBLIC SAFETY: Training is essential to ensure the safety of citizens, as well as public safety
employees. Technologically advanced, high quality training systems within the South Metro
Facility would better prepare public safety personnel for diverse life threatening situations in
their communities.
COST SAVINGS: The South Metro Training Facility will result in the following cost savings
for the participating communities:
• Overtime costs to send personnel to distant training facilities will be decreased by
having a nearby facility.
• The South Metro Training Facility will offer the multi- agency participants a higher
quality training at a lower cost to each community and increase availability for all.
• Personnel can train while on duty and be called back quickly in case of an emergency.
This will decrease the cost of training backfill.
•Through leveraged resources the South Metro will be able to invite experts to teach
seminars locally rather than incurring personnel expenses for distant seminars.
*Standardized training will reduce the costs of each community developing individual
curricula.
FACILITY ADVANTAGES: The following features of the South Metro Training Facility will
make this facility more appropriate for public safety personnel:
• The South Metro Facility would be available for training 24 hours a day to
accommodate training into the busy schedule and work shifts of our public safety
personnel.
0 The South Metro Facility will harbor the latest technological advances in training
equipment to better depict what public safety personnel can expect in the field.
• As firing ranges and fire towers within the south metro close down this training facility
will offer a much needed facility to provide years of public safety personnel training.
COOPERATION: The South Metro Facility will allow communities to realize the following
advantages through a cooperative venture:
• Cooperative training will provide more effective response to multi- agency incidents.
The relationships and learning opportunities among personnel will be greatly enhanced.
For further information please contact
Ted Paulfranz, Edina Fire Chief, at 927 -8861.
a possible vertical and horizontal shaft rescue. An opening through the third floor will simulate attic
access panel found in residential structures and a temporary framework can be established to
simulate roof truss construction. The stair tower will be equipped with a standpipe system and hose
connections at each floor and a fire protection sprinkler system will be installed on the second and
third floors. Temporary heating will be available in the stairwell to prevent water from freezing and
again the smoke will be distributed through pipes allowing the smoke, if desired, to be focused in
certain areas.
In addition to the burn tower, a burn pit, LP burn station and a trench/cave rescue station will be
constructed on the site. An area large enough to set up a fire truck driving course will surround the
tower structure.
This training facility will offer participating communities an opportunity to receive high quality
training in both the fields of law enforcement and fire suppression. Marketing and renting the facility
will allow rental revenues to subsidize operating costs and keep the annual costs to each community
to a minimum. This state -of -the -art training facility ensures that the participating members will be
future leaders in public safety training.
rely _
1 7 (l -J, atrick Melvin,
Project Coordinator
Area and will only continue to get worse
Recently some of these communities agreed to split the costs of hiring an architect and construction
manager in the hopes that construction can be initiated in late summer of 1997. Roger Erickson,
architect for the Maple Grove/Hennepin County Training Facility was selected to be the architect
for the South Metro Public Safety Training Facility and Todd Christopherson of Amcon
Construction Management was hired to assist with the project.
Through extensive research and meetings with numerous fire and police personnel, Roger Erickson
designed the layout of this facility based on input from police and fire personnel from the
participating communities. Through correlating each space with a use, Roger has designed a state -of-
the -art training facility which takes into consideration the needs of each community's public safety
personnel. The total cost of the training facility is estimated to be 6.1 million at this time. This cost
includes one million dollars worth of state -of- the -art firefighting equipment.
The training facility sought funding from several sources to assist with the construction costs, but
to no avail. The South Metro Public Safety Training Facility scored high on the given criteria for
the 1996 Governor's Bonding Bill, but was not funded. An application was submitted to the John
F. Kennedy Innovations in Government Award, but no monies awarded. Searches have been and still
are being conducted by representatives at both the state and federal level for any funding
possibilities.
The fire aspect of the South Metro Public Safety Training Facility consists of a burn building
comprised of three structures: two -story commercial, two -story residential and seven -story tower.
The two -story residential will be equipped with a second story deck to simulate basement fire
situations and will also be furnished with kitchen fixtures, as well as a fireplace and couch. An
automated Symtron burner unit will be located on the first and second floor simulating a kitchen and
couch fire. A roof simulator with varying pitches will be located on top of the residential structure.
An 8 x 8 opening in the roof will be used for roof access chopping and various window types will
be installed in the structure. A smoke piping system will be installed enabling the smoke to be
concentrated throughout the entire facility or focused in only one section.
The two -story commercial ground floor will consist of an equipment room, control room,
mechanical room and a large equipment workroom and storage space. The second story of the
commercial structure will provide another equipment storage room, a hallway structure and a mask
maze which can be easily modified to more accurately reflect entering an unknown building. The
commercial structure will be constructed with confined space training in mind. This structure will
have a ships ladder and roof hatch for access to the flat roof. Special doorways will be constructed
to allow for forcible entry training.
The seven story tower lined with Corten Steel to protect the structure will have several variations
of windows, and various balconies. A projecting balcony on the seventh story and recessed
balconies on the third and fourth floor. The Symtron burner will be located on the sixth floor to
depict a hotel bedroom fire. A door opening for repelling will be available on the fourth floor and
a wall opening, located on the first floor between the tower and commercial structures, will create
J� lf ee A4 '
City of Edina
April 16, 1997
Mr. Richard Wing
2nd Assistant Fire Chief
7610 Laredo Drive
Chanhassen, MN 55317
Dear Mr. Wing:
The following summary of the South Metro Joint Public Safety Training Facility will hopefully
answer questions you might have and provide some background information regarding the fire
training aspect of this training facility. The Edina Fire Training Officer, Darrell Todd, will meet
with you on May 27 at 7:00 to answer any additional questions that you might have. We look
forward to your participation in this project.
This multi- community public safety training facility concept has been in the making for several
years. The communities currently participating in this partnership and agreeing to commit funds for
construction include Bloomington, Eden Prairie, Edina and Richfield. In addition, the Metropolitan
Airport Commission is a participant, but will not train fire personnel at the facility due to differences
in training scenarios. Minnetonka is very interested in this project and is close to making a
commitment.
This training facility will be located on the southwestern edge of Braemar Park in Edina. The Edina
Gun Range is situated near this site and will close down. This site offers an ideal location for a
training facility because it is surrounded by woods, a golf course and an ice arena and will be
sheltered from public exposure. The land is being donated for the facility by the City of Edina. This
site offers immediate access to the training facility from Highway 169 and is a short distance from
the Highway 494 and 169 interchange. This central location will serve communities well by allowing
personnel to quickly return to their respective city in case of an emergency.
The benefits of the South Metro Joint Public Safety Training Facility are numerous. Some of the
benefits associated with this facility are: 1) offering high quality training through use of state- of -the-
art technology, 2) allowing different departments to train together through a standard curriculum,
eliminating the need to take an entire shift off duty to train, 3) enabling more personnel to attend
training seminars at the facility at a lower cost, 4) granting personnel the flexibility of training
opportunities at all times of the day as the facility will be in operation 24 hours a day and 5) offering
a long -term solution to the training dilemmas that are being encountered in the Southwestern Metro
City Hall (612) 927 -8861
y FAX (612) 927 -7645
4801 WEST 50TH STREET TDD (612) 927 -5461
EDINA, MINNESOTA 55424 -1394
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