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Admin SectionAdministrative Section Letter to Bruce Le dated March 5, 1997. Memo to City Staff dated March 3, 1997. Fax regarding the Proposed Changes to the I -494 Corridor Commission dated March 3, 1997. Environmental Commission Agenda dated March 13, 1997. Letter to Brian H. Burdick dated March 14, 1997. Order for Judgment and Judgment regarding Halla Nursery, Inc., dated March 6, 1997. Memo from Steve Torell dated March 7, 1997. Memo to Jerry Mohn, Inspector I, dated March 10, 1997. Letter to Brian H. Burdick dated March 12, 1997. Letter to Ashley Gartmann dated March 14, 1997. April 1997 Calendar of Meetings. 1997 City Council Work Session list. E -mail message from Karen Robideau dated March 19, 1997. R CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 5, 1997 Mr. Bruce Le 1010 Lake Susan Drive Chanhassen, MN 55317 -9406 Dear Mr. Le: Thank you for your letter of February 27 outlining your desire to serve on the District 112 Youth Commission. Your qualifications are impressive and I believe you will be a good representative of Chanhassen. Please accept this letter as the city's acknowledgment of your application. Contact me at any time to discuss the initiatives you will be working on. Good luck with your work on the Youth Commission. Sincerely, Todd Hoffman Park and Recreation Director c: Mayor and City Council Park and Recreation Commission Don Ashworth, City Manager Jeanne Straus, Independent School District 112 g: \park \th \youthcomm.le V 1010 Lake Susan Drive Chanhassen, Minnesota 55317 -9406 February 27, 1997 Mr. Todd Hoffman City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Mr. Hoffman: Enclosed is my Youth Commission application for your inspection. Please feel free to contact me if you need any more information, etc. Sincerely, I)MA-C C_ Bruce Le k YOUTH COMMISSION APPLICATION Name gn_� L Q_ Address \OHO t - W--Q SLLOCO.n Or'lve. City / State /Zip Cho�r-%hcLS�oe.n,MrA 553► Phone CAL4 - :� -1 Grade c k Date a - 3,5 q_1 I would like to represent: Community Education Advisory Council X City or (where you reside) . C Vio✓n h 0_a a1z -1'1 (Carver, Chanhassen, Chaska, Victoria) CarverCounty District 112 School Board (The School Board has a separate application form available in the high school office. Do not use this form to apply for a school board position.) The Youth Commission has 14 voting members representing the communities located within the School District, Carver County, ISD #112 and Community Education. Seven members are high school students and seven members are adults. Meetings are held monthly and as needed. Officer positions include Chairperson, Vice Chairperson, Secretary and Historian. Committees include Public Relations, By Laws, Youth Volunteer Service Directory, and Resource Directory. Purposes of Youth Commission: 1) Work collaboratively with youth to give them a voice in their community in identifying needs and programs. 2) Work with youth serving agencies and services to avoid duplication and respond to identified & unmet needs 3) Provide input on planning goals & policies for youth development & activities. 4) Advocate for youth. 1. How did you hh ear about the Youth YO - *h , , n _ �F\�2 d 0.bo L� Yoe t*h CorYWYXA- .�.� o Vq _�,_O rn S- Q�ru wh,o o_.d VL4-a8 rru_Art> o. -Pply ; o_�d Cl-x. r Nom, who series on 2. What do you know about the Youth Commission? y ° `^� ^ CO t'«`^ iss; on -�. h.2.w a yo u; Co m ry iaz i o n L o o�_n i,o kA 0.'s �d Q r,-4- c -o u n c �.Q " +o ►-ham nti�L 2 < 'vs i c+ . y c 't s i r \/01ved in Pt 0.c n i n O-C vi +ia_s whx._V% h.tz1 P h� co un t' +i.a_S SS 'you v -�-,°� e 0.nd �ishuS o_nd C 3. VPh�y"i�o you wan o s�rv8'I3tz"the ogih �o r ti�s,0 . M wo L'%." \ % V-&. } se Ve on yC M a_v� . \0 eC 0 -Lxse = bel►eve. 1 possess o.nck 1LnowlecA e+ wo"-. 0.S b c- +►oc{iv and �0.luctble o�sset. i bel�eve -� �co r�n qq o� rer\ prose �, e :nom yG, S1r�csz haste a d,ff� 4. What organizatioris/activ►ues /jobs are you curr yd involved in? moo b ac 4co�ro wr\C� . = o.m c\.cYYer� y � 1 r 0. Co MMU.Y\ I ' 7 o - 0 0o_n zOZH0n ca�Od "Villcc�eVoiuos��a n v-L C aC)_ � bv� \a.r,9 youth.. s qtr. cam. \So Involved ire ChocSKa N;c)"h Sc►.001 Skv- d2r\�- c- o..�r c�.v.ci�o o..s °�.w,b1y,'� � 0..rr. .r� 1Cr,owled �o�v2r Pnp /So-��Bo�n = o_rn i n o` F 9ro co. \ led "tAe �1c, 5. What skills /experiences do you bring to the Youth Commission that wh,¢3re =' m wor {-in c� w would be helpful to you as a member? eZo-y'e\ y pn0. \.acb.n \ V_ i 0 myfu Sk_U� woN QA G0. w&r' Politics. be �+R c�xe O-U rn-f acl��even.�n h p 'Q 2c► d`t? rsh� P pt-c o.x� t �0.i Dto, 01VN6 d I C'_s' iLS ' k n \ greo�# sPeo -k:�c1 s�s�cr+� .�s`19 sn�r+c1, beir%cpv ar-n t, Sor*� /" � r2membp�rin beer C-n-j 6_ t,tffi r� �u'Pwfllil�'��n eZo" e * ou { L'Co�mtss o 'Y��� T c, ow t�ro.t r Z a m w, 11 i r. 9 +U c L I r y +i rrLQ c ' �e e r my se l F, r w , 0� n d 5 y_%_U o- e 0 -k'_0 be s�b� ec�ed 40 s �o r-} y C 's n tale r \\2 1 P ; rnpr o Ve cl c_r yvwtNn c�_ricl CITY OF�� *� CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 a CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: City Staff THROUGH: Department Heads FROM: Scott Harr, Public Safety Director DATE: March 3, 1997 SUBJ: SEVERE WEATHER First, I would like to invite you and your staff to join weather expert/storm chaser Bob Adams, who you will remember from years past, on Thursday, April 17, 1:30 p.m., in the Council Chambers, when he will provide us with updated information and new photos regarding storms. Everyone that has heard Bob in the past agrees this is a great experience — both educational and interesting! Just a reminder about severe weather shelters in city hall: Please remember that they are located in the hallwav behind the council chambers. the council chambers restroom; and, the restrooms in the senior center. There are two plastic boxes located in the hallway behind the council chambers that have flashlights, a radio. etc., as well as one in the senior center men's restroom. Hope to see you at the April 17` seminar! SH:cd safecv \4 17 FPOM : CAMMUNITY BANK GROUP,INC. PHONE NO. : 6129416474 Mar. 03 1997 12:36PH P1 rEd i "ary 15:15 70;5-134164 rpoP1 :% "�`i CITY COUNCIL AGENDA DATE; SECTION: February 19, 1997 Report of Advisory Boards and Commissions DEF.ARTMENT: ITEM DESCRIPTION: 1TEN1 NO- 1-494 Corridor COmtnassioa Proposed Changes to the 1.4494 Corridor Ross Thwfiuwou - Chair Commissiom David Lindahl - City Staff Rep, i Lisa Raduanz - Consultant REQUESTED ACTION: 5upoort changing the mission and goals, and expanding the raernbership of the 1.494 Corridor Commission to the following: Promote the complete reconstruction of I -494 from the Minnesota River to 1 -94, Urge Feds, %&DOT, Metro Council, and others to fund reconstruction through strong lobbying efforts. Expand membership to include all stakeholders (especially businesses). Cownlit additional staff resources if needed to attemi Commission meetings. PRESENTER: Lisa Radu=z ofLGR, Inc., , Ae present a summary ofthe proposed changes to the City Council. LGR. Inc. was retained by the Cortamission in 1995 as part of a two -year contract to promate ridsharing programs throughout the corridor, The contract is being financed through a Congestion Mitigation and Air Quality (CNIAQ) gmm through the Federal Transportation Administration. BACKGROUND: The C=Crd pion mmtMft includes the cities of Maple Grove, Plymouth, Minnetonka, Eden Prairie, Edina. Bloomington, and Richfield It organized in 1996 for two reasons: To help complete the EIS for reconstruction of 1.494 from Minnesota liver ,o I- -394. To promote the use ofrk6gWi1g, transit, and staggered work hours to help reduce growing peak hour travel congestion on 1-494, Complete reoonstnrction of 1-494 was planned to begin in 1996, but has been pushed Out 10 -15 years by MaDOT anti, the Metro Council because of a lack of fimdmg. The reconstruction plans included adding general use lanes, ride -share and transit lanes (High Occupancy Vehicle HOV lanes), rebuilding bridges, and installing ratty meter bypass lanes for buses and ride -share vehicles. Without HOV and meter bypass lanes, there are no advantages (time savings) for those ride - sharing or using buses. In other words, it is a waste of effort u reduce travel demand through ridasharin& until the freeway is improved. This is why the Commission is proposing to shift its focus Stom managing travel demand to advocating for the reomst'ruction of 1-494. SUPPORT INFORMATION: Please review the attached mission, goals, strategies, and proposed restructuring. Post -RO Fax Note 76 71 ICo. /d¢P� G 1 r'Y At4< 2-- Data j_;_ pageal .lr r ' om olc� /��'�7� /C4— Co. Phone It y y, -J 7 2 T P.OM : COMMUNITY BANK GROUP,INC. PHONE NO. : 6129416474 Mar. 03 1997 12 :37PH P2 F -c :: ' ?" 15:16 TO :9- 9416471 FpUf1:C ! I1 OF tLILS f HH -NIt i "Wn A New Approach 1 -494 Corridor Commission Mission Statement • To promote the reconstruction of 1 -494 from the Minnesota River to 1 -94 in order to increase its people moving capaolty and improve mobility for businesses and residents throughout the region, 1-494 Corridor CoMiSSiOn 0 FROM COMMUNITY BANK GROUP,INC. PHONE NO. : 6129416474 Mar. 03 1997 12:37711 Ps — • iu V. v r RUI I. k -t l I 'd^ 4 ✓uI I iu i.i I- I 'ar -I - GOALS AND STRATEGIES . ...............� ,.�. GOAL #1: To position the 1 -494 Corridor at the top of metro area transportation priorities. Confirm support from the member communities for the new mission of the 1 -484 Corridor Commission. e Demonstrate the need for the corridor improvements to country officials, the Metropolitan Council, Mn/00T, the state legislature and the congressional delegation. • Document the increasing travel delays and levels of congestion along the Corridor. • Develop a program of Information to carry forth the Corridor Commission's goals. 1-494 Corridor Commission R ROM : COMMUNITY BANK GROUP,INC. PHONE NO. : 6129416474 Mar. 03 1997 12:38PM P4 FE�q 1c 1 y7 15: 17 TO: 9- 541b4'.4 FHUI "I:L. t Y Ur t'tLIN I- i -FW.; , ". U� GOAL #2: To secure adequate funding to achieve the mission, s Generate support from the business community, residents and users through increased awareness of issues facing the corridor. • Expand membership of the Commission to include business leaders, key city staff, electod officials and other appropriate agency personnel. • Prioritize short- and long -term projects for implementation. • Pursue funding to build improvements for fuses, ridesharing and general use. GOAL #3: To build lanes for buses, ridesharing and general use. • Demonstrate the need for the corridor improvements to county officials, the Metropolitan Council, Mn /DOT, the state legislature and the congressional delegation. • Document the increasing travel delays and levels of congestion along the corridor. 9 Pursue funding to build improvements for buses, ridesharing and general use. 1.494 Corridor Co7=LSSiOn tj k FPOM : COf1MUNITY BANK GROUP,INC. PHONE NO. : 6129416474 Mar. 03 1997 12:39PH P5 FcP 14 'Q-7 15:17 T0:9-941S474 FROM: C I T'r' OF E DEH PRA : R 1 E I -bleb Y GOAL #4: To increase ridesharing throughout the 1 -494 Corridor. Reaffirm the commitment of the Commission to increasing ridesharing use. • Complete TOM study currently underway. • Promote the additional use of carpooling, vanpooling and buses. GOAL #5: To support and expand economic opportunity in the 1-484 Corridor. • Identify economic impacts and benefits that the 1494 Corridor provides to the region and the state. • Generate support from the business community, residents and users through increased awareness of issues facing the corridor. e improve access to jobs in the 1-494 Corridor by pursuing funding to build improvements for buses, ddasharing and general use. 7-694 Corridor COMMUS(On 4 k Environmental Commission Agenda Thursday, March 13, 1997 at 7:00 p.m. Regular Meeting Council Chambers 690 Coulter Drive 1. Approval of Minutes. 2. Update on algae ordinance. 3. Upcoming articles for the Villager. 4. Arbor Day event planning. 5. General Discussion. 6. Adjournment. Arbor Day Action List • EC head count for event • delegate responsibilities for the day G: /plan/ec /agnd2 -13 -97 V CHANHASSEN ENVIRONMENTAL COMMISSION WORK SESSION MEETING February 27, 1997 Meeting called to order by Uli Sacchet at 7:10 p.m. MEMBERS PRESENT% Andrew Leith, Susan Morgan, Greg Havlik, Susan Markert, Charlie Eiler, Maureen Farrell , Uli Sacchet, and Susan Wright MEMBERS ABSENT: Bill Coldwell STAFF PRESENT: Jill Sinclair, Environmental Resources Coordinator REVIEW OF ARTICLE: Dr. Leith handed out revised article. Commission reviewed and discussed various points of the article. Commissioners agreed the article was good. Dr. Leith will do some final editing, Ms. Markert will submit it to the Villager, and Ms. Sinclair will include it in the Commission's web page. EVENT PLANNING: An event schedule was distributed to members for review and approval. No changes were made. The Commission then reviewed the table of `things to do' and notes from that discussion will be included on the revised version for the next meeting. GENERAL DISCUSSION: Members suggested including the Arbor Day logo on the EC web page. Also including the composter article. Greg Havlik's e-mail is temporarily disrupted. He will notify members once his connection is restored. Terms that expire in 1997 will be filled by June of this year. Applications for the positions will be advertised in the Villager in April. Current members are allowed and encouraged to reapply. Susan Wright will be on `maternity leave' for the month of March. Our best to her! Ms. Sinclair will be on vacation the first two weeks of April. A city staff individual will be available for questions and the first meeting in April. Ms. Sinclair will inform the Commission as to who that will be at the March meeting. Meeting was adjourned at 9:05 p.m. Prepared and Submitted by Jill Sinclair glplan /j s /ec /2- 27 -97min It � N `� T •� bA «�+ L. ca Q L -fl Y Y O G r" 3 U N 4 Y c0 U N v to c o O O T LL �. �� ° 3 U M � a Y Cd to to L Y 3 • Y ••' {U4 Y Y U / U1 C • 3 CA S CZ y CG ,. Y CC m U V Y W+ O f/1 ca U C U " x to � a � — 3 ^ • ¢, • CL) � � c ? � �, � Y �- o cz > 3 to u •� Y O �° N ti Im, c b C U U ca U M � � a`i T. rn G' o b U °Y° ° U (� Y Y as � °• O O° O �, t ' a�i C U 'd T C U E Cd p R U O (V S1 .� 0 sU. ' '� v s: ° T t4 U y ti o i ca i U to a3 Cd C3 by A b�A O C 0 i N N > Y ° 0 0 U Y i1. 's. n —� O " O .�+ C > ti O � ° U � U � �, U > � � U U w s, O �• to Y Y U cMl w (a � f�] V] � � � • �U 1 '� •'� U O .�.I U x �Oy }YJ 1..1 U U (L) I�1 Y U L73 V V CZ i•M .Y R -a 8 L F'. C O u rA H O d L R b O W F� w W a � C3 ~ ~ o R tp ca � bq W R R .� cl y U 7•. iG W � O O > O cn O CIO U w w ti to 0. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 14, 1997 Mr. Brian H. Burdick 684 Excelsior Blvd. Excelsior, MN 55331 Re: West 79 Street Potential Land Sale Dear Mr. Burdick: I would like to take this opportunity to inform you that I have been contacted by several other interested parties over the past few months regarding the potential sale of the HRA's land on West 79 Street. I will continue to work with all interested developers of this site. If you have any questions, please contact me at 937 -1900 ext. 119. Sincerely, Todd Gerhardt Assistant City Manager TG:k c: Don Ashworth, City Manager Mayor and City Council Luke Melchert Jim Walston, Campbell, Knutson, Scott & Fuchs Housing & Redevelopment Authority ¢: \admi n \t _ \burdick2.doc E FILED ,O r STATE OF MINNESOTA l/ DISTRICT COURT MAR - 6 1997 COUNTY OF CARVER FIRST JUDICIAL DISTRICT CARVER COUNTY COURTS CASE TYPE: 10 /Other Civil Court File No. C8 -94 -851 ---------------------- - - - - -- City of Chanhassen, Plaintiff, VS. Halla Nursery, Inc., a Minnesota corporation, Defendant. ORDER FOR JUDGMENT ORDER FOR JUDGMENT AND JUDGMENT Based upon the Stipulation for Entry of Judgment, and upon all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is incorporated herein by reference. 2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court. 30982.02 07/22/96 R 3. Plaintiffs violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Defendant not compensable in money damages and entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court. 4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its entirety with prejudice. 5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for Entry of Judgment, and issue additional orders as it deems just and proper. THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED ACCORDINGLY, FORTHWITH. Dated: . 3 - `1 , 19� BY THE COURT: J�dg& istrict Court JUDGMENT The above Order hereby constitutes the Judgment of this Court. Dated: iiz� i , AR OR S (Court Seal) A i S ator Dated: March 6, 1997 B uty 30982.02 07/22/96 -2- 1 r/ C I TY O F CC - / 14-/ - CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager Kate Aanenson, Planning Director Charles Folch, City Engineer Todd Hoffman, Park & Recreation Director FROM: Steve Torell, Assistant Building Official DATE: March 7, 1997 SUBJ: Contractors' Luncheon We would like to invite you to the 2n Annual Contractors' Luncheon which will be held Thursday, March 20, at 12:00 noon, at the Chanhassen Recreation Center. Please let Carol or Elizabeth know if you will be able to attend. I hope to see you there. Thank you. g /safety/insp /conluncM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 5531 i (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Jerry Mohn. Inspector I FROM: Steve A. Kirchman. Building Official 1 r� J � DATE: March 10. 1997 L SUBJECT: ICBO Plans Examinercertification v L Congratulationson passing your Plans Examinertest on 1/18/97! I know from experience the test is %ery comprehensive. Passing the test indicates a thorough knowledge of the building code. and a commitment to the goals of the Public Safety Department as well as your career. I appreciate your continuing efforts. Keep up the good work.. PC: Scott Harr. Public Safety Director Personnel file enclosure: IC BO certification notification . C' mew571a .M, k International Conference of Building Officials American Association of Code Enforcement International Fire Code Institute Voluntary Certification Program February 18, 1997 Jerritt W. Mohn 690 Coulter Dr Chanhassen, MN 55317 Congratulations! This is to notify you that you hn : passed the certification e for ICBO Plans Examiner given on January 18, 1997. Your cerrificate and wallet card are enclosed and vc issue of the Certification Roster. Individuals �l advertisements. etc.., should use the form "Cert name, with category indicated. will be added to the next o desire to use their certification on business cards. d (category name) Number xxxxxxxxx ". RENTrWAL: Aporvximately 7 months prior to the e nodfv you and send a renewal examination. If we ha% expiradondate. you may be required to take a new certified. cation date shown on your wallet card, we will attempt to zot received your completed renewal examination by your , lamination if you subsequently desire to again become Renewal of cerrrications is :he responsibiiiry of _ :.ertified individual regardless of whether or not a notice is received. CHANGE OF .ADDRESS: It is extrerrreiv irnz+orrant :o avoid the possrbtiiry of your 7enewal examen' atic of address direr :ed to us. in general. •.vtil be sur SPECIFICALLY :o Certification Renewais. :you notify Cenification Renewals of any change of address of being received. Please do not assume that a change ;eat. A change of address notice shouid be directed Yours ve :ruiv. Cerrificat n Services ob cnc :osures -- '� - yorKmcn .iid <caa • vhimer __.:rcmia - _ oa YarS -i CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 12, 1997 Mr. Brian H. Burdick 684 Excelsior Boulevard Excelsior, MN 55331 Re: Response to Tires Plus and Applebees Purchase Agreement Questions Dear Mr. Burdick: This letter is in response to your memo dated March 7, 1997. Listed below are the clarifications of the purchase agreements with Tires Plus and Applebees. Apple American Partnership of Minnesota /Tires Plus Group Ltd. 1. Yes, they received 525,000 worth of TIF to offset their utility charges associated with a full service restaurant. The purchase price was reduced by 510,000 for soil corrections at the time of closing and this was not TIF related. Tires Plus did not receive TIP, soil corrections, or utility credits. 2. You received the full and completed purchase agreements on both transactions. 3. Not knowing what information you are looking for, I would request that you schedule a time with Karen Engelhardt, the city's office manager, to review the files and make any copies you may need. Tires Plus Group Ltd. 1. See answer to question 5 under Apple American Partnership of Minnesota. Apple American Partnership of Minnesota 1. The buyer felt we were requesting too much green space so we added this language for their comfort level. They received no compensation because the non - impervious surface covering was less than 35 %. Mr. Brian Burdick March 12, 1997 Page 2 2. They will receive the entire $25,000 credit as stated early in this letter. 3. Yes, she was paid $20,000 as stipulated in the purchase agreement. 4. No, as I have been informed by the city attorney's office, purchase agreements need not be notarized. 5. This parcel is located west of the Chanhassen Inn, south Highway 5, and north of West 79 Street. The city /HRA purchased this parcel from Tires Plus who had rights to this property. The city purchased this site to expand our holding pond capabilities and for wetland mitigation. The city has no plans to sell the land for development and Applebees requested that in writing. If you have any questions regarding my response, please do not hesitate to call me. If not, you may contact Karen Engelhardt to set up a time to review the files and determine which agreements you want copies of for further review. Sincerely, Todd Gerhardt Assistant City Manager TG: k c: Don Ashworth, City Manager Mayor and City Council Housing & Redevelopment Authority Jim Walston, Campbell, Knutson, Scott & Fuchs g: \admin \tg \burdick I Am It FROM : PHONE NO. : 6124747543 Mar. 07 1997 01:38PM P2 BVRIPE' R BS"IN C C t. 684 Excelsior Boulevard • Excelsior, MN 55331 Phone: (612) 474 -5243 Fax: (612) 474 -7543 SENT VIA FAX AND REGULAR MAIL SERVICE MEMO TO: MR. TODD GERHARDT, ASSISTANT CITY MANAGER FROM: BRIAN H. BURDICK DATE: MARCH 7, 1997 SUBJECT: PURCHASE AGREEMENT INFORMATION FOR TIRES PLUS GROUPE LTD. AND APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA Dear Todd At this time, we have reviewed both purchase agreements which you sent to us per my request of February 19, 1997. Again, we thank you for the prompt response in sending these purchase agreements to our office. After review of these purchase agreements we have a few questions and issues which we would appreciate clarification and explanations. They are as follows: In reference to both of the purchase agreements, we have the following questions and clarifications: 1. Was there any type of TIF financing available for either or both of these transactions? If TIF financing was indeed available, did either of the buyers actually use TIF financing for these projects? 1 Are these purchase agreements you sent to us on February 19, 1997, the full and complete agreements on both of these transactions? That is, there appears to be some omissions on both of these agreements. For example, the Tires Plus agreement does not have a date on the first page and is missing page eight, (it appears this could be a critical important page) and these agreements do not appear to be notarized. As you know, there is a page included with both agreements to be notarized. However, the information has not been completed and signed accordingly. In addition, it appears there may be other agreements involved in both of these transactions_ such as a declaration of cross access, utility and parking easements and so forth. Obviously, these types of additional agreements /addendums would be of critical importance to these purchase agreements. Todd, the questions is, would you please send to us any and all additional agreements relating to these two transactions. k :OM : PHONE NO. : 6124747543 Mar. 07 1997 01:39PM P3 In relations to the Tires Plus Groupe Ltd purchase agreement, we have these specific comments and questions. They are as follows: 1. On page seven, item 8.1 of the purchase agreement, there is a reference to the City of Chanhassen "acquiring title to the real property ............................" Would you please clarify this item and explain this in detail. At the end of the first paragraph under heading 8. 1, the purchase agreement reads " The total amount to be paid by the City of Chanhassen for Tax Parcel ID 425- 35 -00320 shall not exceed $120,000.00." Would you please clarify this and explain what this means? In relation to the Apple American Partnership of AZinnesota purchase agreement, we have these specific comments and questions. They are as follows: 1. It appears there was a credit to the buyer (purchaser) of $8.50 per square foot for each square foot of non - impervious surface covering exceeding 35% of the total square footage of the subject property, based on the final plan for development of the subject property approved by the City of Chanhassen. Please clarify and explain this in detail. Also, how much credit, if any, did the buyer receive? 2. How much credit, if any, did the buyer receive up to a maximum of $25,000 in assistance for utility services? 3. Was the buyer's broker paid the full comunission of $20,000 as stipulated in the purchase agreement? 4. The final page 12 (twelve) has been appropriately executed. However, page 15 (fifteen) has not been notarized as required. Was this purchase agreement notarized? 5. On page 10, Item 9.2. This item states "Seller shall not construct any improvement on Tax Parcel #25 -35- 00320 ". What does this mean? Todd, I realize we are asking for quite a lot of additional information to clarify these purchase agreements. However, it appears that this additional information is of critical importance in order to clearly review both of these purchase agreements for our references. We most certainly appreciate your help with all of this and would appreciate your prompt response. Please call with any questions. BHB /cd CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 14, 1997 Ashley Gartmann 7311 Cactus Curve Chanhassen Mn 55317 Dear Ashley: Thank you for attending the city council meeting on Monday, March 10. We appreciate your leading us with the Pledge of Allegiance and we were very pleased to be able to honor Girl Scout Week here in Chanhassen. You all deserve special individual recognition. We are thankful for your involvement in Girl Scouts and we are lucky to have wonderful people like you in our community. Very truly yours, Na Mayor Mark Senn, Counci 'Mike Mason, Councilmember Mark Engel, C uncilmember member kk Q A a a Q 1� A Vl F z w 1 "3 V Q � Q A 0 ►� Q A z N � � Ln _ N r a� O cz U a 7 0 o it U p C �C G Q i . 00 O 0 M 0 O UC7r N V� Ci_ y F O CZ � � U °0 N W u U r E cu E � U U U r g A u ¢ U O O r _ O O O = CG p U M O U O.� O ti � r U C tn. x O N C1+ U U N 6 N 0 0. c> o ° in. ca 3 0 7 a U o 0 3 o m CD o � �° —.� > O p c* O O O O . O ?O �' O y .. U 00 00, OM O U U U U N U ti Vl ...i N U [� U v V1 �--� . r 1997 CITY COUNCIL WORK SESSIONS V TIME DATE ITEMS ALLOTTED* 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 • 45 minutes 6:30 p.m. • Housing & Redevelopment Authority • 45 minutes Courtyard Conference Room • Appointments to other City Commissions • 15 minutes • Topics for future work sessions • 15 minutes February 18 (Tuesday) • Position Classification & Pay Comp. Plan • 15 minutes 5:30 p.m. • Senator Oliver/Rep. Workman re: Property Tax • 30 minutes Courtyard Conference Room Freeze for Senior Citizens (Steve Berquist unable to • Housing & Redevelopment Authority • 30 minutes attend) • Topics for future work sessions • 15 minutes February 24 (before regular • Presentation of Park Survey Results, Decision • 45 minutes meeting) 6: 00 p.m. Resources. Courtyard Conference Room March 3 • Southwest Metro Transit Update and Loan 6:30 p.m. Request. Courtyard Conference Room • 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 • Team Building, Dick Leider 5: 00 p.m. • State of the City Address Courtyard Conference Room March 17 • Public Safety Commission/Building 6:30 p.m. Inspections Panel Courtyard Conference Room • State of the City Address, Review Presentation • Update from Planning Director re: Past, Present & Future Document; Comprehensive Plan; and PUD Ordinance. • Public Works Goals March 31 • Discussion of Board of Review Process, 5:30 p.m. County Assessor. Courtyard Conference Room • Communication, Nancy Mancino. (Mark Senn absent) • Affordable Housing V April 7 • Decision Resources Executive Summary on 6:00 p.m. Carver County Library Needs, 6:00 p.m. at Courtyard Conference Room Carver County Courthouse (location to be confirmed) May 19 • Board of Review & Equalization - 7:00 p.m. 5:30 p.m. • Interview Park & Recreation Commission Courtyard Conference Room Applicants (as of 3 -19 no applications received) • Park Task Force (7:45 o.m.) April 21 • Joint Meeting with the Planning Commission. 6:30 p.m. Board of Review and Equalization. (This Courtyard Conference Room meeting date has not been confirmed yet, but May 5 • Comprehensive Review, MIS System; 5:30 p.m. Demonstrations and Financial Review. Courtyard Conference Room • Analysis of Tax Exempt and Public Lands (Where, how many, fiscal impact) 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 • Code of Ethics May 28 • Special Meeting to Finalize Action of the 7 :00 p.m. Board of Review and Equalization. (This City Council Chambers meeting date has not been confirmed yet, but council members may want to pencil in the date.) 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 5:30 p.m. 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 10 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: 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 I 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 k * 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 mailbox: /C %7C /Progmm %2 ... nhassen.mn.us &number -18 mailbox: /C %7C/ Program% 20Files / Netscape / ... 226B.24EACci.chanhassen.mn. us &number Subject: Re: Mancino, Mason, Berquist, Engel, Senn Date: Wed, 19 Mar 1997 11:29:15 -0600 From: Kate Aanenson <chpindir @ci.chanhassen.mn.us> Organization: City of Chanhassen, MN To: hrobidea @isd.net References: <3330B08F.43CD @isd.net> Robideau wrote: > Today while traveling through downtown Chanhassen's east side, I was > struck with the beauty of the old building's and what a view has been > created by the demolition of Pauly's. What better way to keep some of > Chanhassen's history alive by creating a town square in front of old St > Hubert's and leaving just one area free in Chan to remind us all of what > our town used to look like. It isn't necessary to have every square > inch covered with 2 and 3 story buildings. Please consider leaving that > area alone and creating a small park with benches and flowers and trees > like some areas of Excelsior have been preserved. What a beautiful site > that would be. > Karen Robideau > 540 Pleasant View Rd. > Chanhassen Dear Karen: Thank you for your note on the development of the " Pauly's" property. The Planning Staff and the City Council share your concern regarding development in this area. With St. Hubert's moving to another location and possible redevelopment in this area the City Council will be reviewing development options in this area in early June. The historical significance of this area is important to take into consideration for any future development or redevelopment in the area. Again, thank you for your note and I will try to keep you informed of decisions and recommendations of the Council. Kate Aanenson, AICP Planning Director Cc: City Council R 1 of 1 03/19/9711:3 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 March 10, 1997 CERTIFIED MAIL Mr. William C. Griffith, Jr. Larkin, Hoffinan, Daly & Lindgren 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 -1194 Re: Site Plan Permit #96 -8, Variance #96 -8, and Conditional Use Permit #96 -3 for Nancy Lee and Patrick Blood dba Paws, Claws and Hooves Pet Boarding, LLC (the "Applicant "). Dear Mr. Griffith: This letter is in response to your letter dated February 27, 1997, addressing terms and /or conditions of the above referenced agreement. Section 20 -30 of the Chanhassen Zoning Ordinance entitled "Recording Permits" requires all variances, conditional use permits, and site plan approvals to be recorded against the title of the property for which a permit is granted (copy enclosed). Until these documents are recorded against the title of the property, the city may not issue any type of construction permit. When staff prepared the agreements for your client to sign and record, it was done in a "Findings of Fact" format. When the City Attorney reviewed the documents, he infonned us that "Findings of Fact' formats are not recordable and it would need to be changed. On December 9, 1996, staff issued a foundation permit for your clients to start grading the site and preparing the building pads. At that time, I explained to your clients, in the presence of David Hempel, Assistant City Engineer and Steve Kirchman, Building Official, that the "Finding of Fact" document which they had previously signed will need to be revised and signed and that I will mail the new agreement to them. The agreement which you refer to in your letter was sent via certified mail, however, it was returned to the City as unclaimed. Staff then mailed the documents via regular mail. This agreement was forwarded to your office for review. 2. No comment. Mr. William C. Griffith, Jr. March 17, 1997 Page 2 3. The site plan which appeared before the City Council showed minimum tree removal. In fact, the buildings were situated in areas that were void of vegetation. The wetland should have been delineated before site plan approval was given. In order to save the applicant the up front expense, the City took a proactive position and allowed them to proceed without the delineation. As a condition of approval of the application, your client was required to delineate the wetland on site and meet all wetland setback requirements. After the delineation was completed, it was discovered that the edge of the wetland extends farther into the site than was presented on the site plan. To meet the wetland setbacks, the Commercial Kennel building was shifted to the east and into areas occupied by mature trees. Rather than taking the plan back to the City Council for amendments to the approved application, and to help your clients, staff processed the change administratively. The change in placement required more grading and additional tree loss. The City Ordinance requires tree replacement. Your clients have two choices. The first choice is to follow the letter of the ordinance which requires a tree survey denoting all mature trees on site, the inch caliper of these trees, percentage of canopy removed, and tree replacement plan. I have enclosed a copy of these requirements for your information and to show how cooperative the City has been in order to accommodate your clients. The second option is to sign the enclosed agreement and submit a letter of credit at 110% of the cost of restoring the site. 4. The City Ordinance also requires all disturbed soils to be re- vegetated and stabilized immediately after the completion of grading. A Letter of Credit is required prior to the issuance of the building permit to guarantee compliance with the letter of the ordinance. This amount is calculated at 110% of the actual price of restoring all disturbed areas (Section 18 -61 (d) (11)). 5.a. Section 20 -237, Revocation and inspection states that the City may revoke the permit following a public hearing for violation of the terms of the permit (copy enclosed). 5.b. Section 20 -236, Expiration states that if substantial construction has not taken place within one year of the issuance of this permit, the permit is void unless an extension is granted by the City. 5.c. Section 1 -9, General penalty; continuing violations states that violation of the City Code is a misdemeanor punishable to the maximum extent authorized in Minnesota Statutes Section 412.231. Each day any violation continues is a separate offense (copy enclosed). 6.a. The City Council approved a metal construction stable building and a metal, brick and wood commercial kennel building. Metal buildings are prohibited in Chanhassen, which your client requested. Staff supported and recommended approval of a variance for your clients. The City Council voted to approve the variance allowing the stable to be constructed of metal and denied the metal construction of the commercial kennel. The commercial kennel was approved to be constructed of wood and metal. The language stands. Mr. William C. Griffith, Jr. March 17, 1997 Page 3 6.b. Section 20 -57, Violation of conditions imposed upon variance; termination for nonuse, states that a variance shall become void within one year following issuance unless substantial action has been taken by the petitioner in reliance thereon (copy enclosed). All requirements in Section 8- Exhibit B are standard conditions that have been approved by the City Council for all Conditional Use Permit applications. In your letter you stated that you look for my cooperation in regard to this application. I have been cooperating from the first day when I met with your clients and agreed to recommend approval to amend the zoning ordinance in the Fringe Business District to accommodate their business. I accepted incomplete, substandard plans and processed them. The City normally rejects incomplete applications. When your client requested not to delineate the wetland until the City Council makes a decision on the project, staff bent the rules one more time and allowed the site plan to proceed without the wetland delineation which is required by ordinance as part of the application submittal. From the first day of meeting with your clients, I have made copies of all ordinances pertaining to the site plan, conditional use, and variance requirements. Staff has tried to explain the requirements repeatedly. The final building permit application will not be issued until the agreement has been signed. Two copies with a revised business name (as pointed out correctly in your letter) are enclosed. Please have your clients sign them and return them as soon as possible so they may be recorded with Carver County. I have done nothing but cooperate with your clients in processing this application. Now it is our turn to look for your cooperation in this regard. Sincerely, Sharmin Al -Jaff, Planner II c: Kate Aanenson, Planning Director Don Ashworth, City Manager Mayor and City Council Roger Knutson, City Attorney 0 JAMESP LARKIN ROBERTL HOFFMAN LARKIN HOFFMAN DALY & LINDGREN LTD. CHRISTOPHERJ HARRISTH GERALDH FRIEOEU- > > > KENDELJ OHLROGGE JAMESC. ERICKSON BRUCE DOUGLAS EOWARDJ. DRISCOLL ATTORNEYS AT LAW MALUAM C GRIFFITH, JR GENE N FULLER "NR HILL JOHN D FULLMER PETER J COYLE FRANK I HARVEY LARRY 0. MARTIN CHARLES S. MODELL 1500 NORWEST FINANCIAL CENTER JANEE BREMER CHRISTOPHER J. DIETZEN JOHN J. STEFFENHAGEN UNDAH FISHER 7900 XERXES AVENUE SOUTH OMIELW Voss THOMAS STOLTMAN PHIUPG ALDEN MICHAELC . NOKMIW BLOOMINGTON, MINNESOTA 55431 -1194 MICHAEL) SMITN JOHN E VILIS R INDE )DNS MERZEWSKI S WE RIN THOMAS) FLYNN TELEPHONE 612 835 -3800 M M MEYER JAMES P. QUINN CHRISTOPHER D JOHNSON TODD I. FREEMAN FAX (612) 896 -3333 RENEE L. JACKSON GERALDL NECK CHRISTOPHER K. LARUN JOHN B. LUNDOUIST MARCY R FROST DAYLE NOUN • DO RAMLER .gH ER- STEPHENPHEN J KAMINSKI TRICEA IME ROTILER F PLEKPMNOER PAUL B CEA PAULB DANIELT DMIEL AUN KIUTT DOW L KIL BA WML EN HMNA M V.NW.I KATHLEEN M. E NEA M NELSEN ELSEN HA SARO MICEL B N C O ERIK ERIK HAWES GREGORY E. KORST O LYNNE MICHELLE MOORE . GARY AL CLEVE VAN 0.EVE • C BRENT ROBBINS DANIEL L BO TIMOTHY) MCMA IAN NUN JOLIES FEDERICSON JOLIE S F R EDERIC K SON TIMOTHY J. KEANE n ALANM ANDERSON I OF COUNSEL DONNAL ROBACK ... .. - _I - JACKS OALY MICHAEL W SCHLEY 0 KENNETH LINDGREN RONN B. KREPS ALLAN E MULLIGAN TERRENCE E. BISHOP WENOELLR ANDERSON LISAA GRAY JOSEPH GITIS GARY A RENNEKE ALSO ADMITTED IN VdSCONSIN February 27, 1997 Shannin Al -Jaff, Planner II Via Certified Mail /Return Receipt Requested City of Chanhassen 690 Coulter Drive PO Box 147 Chanhassen, MN 55317 Re: Site Plan Permit No. 96 -8, Variance No. 96 -8 and Conditional Use Permit No. 96 -3 for Nancy Lee and Patrick Blood d/b /a Paws, Claws and Hooves Pet Boarding, LLC (the "Applicant "); Our File No. 22,253 -00 Dear Ms. Al -Jaff: On behalf of the above Applicant, I have reviewed the proposed agreement delivered to my client by letter dated January 29, 1997 (the "Agreement "). I have the following comments with regard to the proposed Agreement: 1. The City did not adopt a condition of approval requiring that a development agreement be executed by the Applicant. In fact, I question the practice of having an applicant execute any findings document, because findings are an affirmative act of the City in its review of the application, not of the Applicant. Unless there is specific authority for requiring a development agreement, my client will not execute the Agreement as a condition of obtaining building permits. 2. The developer is "Paws, Claws and Hooves Pet Boarding, LLC, a Minnesota limited liability company." 3. In paragraph 4, please clarify what you mean by "required landscaping" because specific landscaping was not required, other than restoration by "seed or sod within two weeks of completion of construction." 4. In paragraph 5, your requirement for a letter of credit or equivalent is not a condition of approval. As such, the applicant will not submit such security in order to obtain a building permit. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Sharmin Al -Jaff, Planner II February 27, 1997 Page 2 5. The following conditions of site plan review have been added after the city's final action on this matter: a. Condition No. 18 regarding termination of the permit; b. Condition No. 19 regarding lapse of use; C. Condition No. 20 regarding criminal penalty. 6. The following conditions of approval of the variance have been added following final City Council action on Variance No. 96 -8: a. Condition No. 1 reciting that the approval of a variance to allow the metal building for the commercial stable building and reciting denial of the variance for construction of a metal commercial kennel building. b. Condition No. 2 regarding lapse of a variance if not used within one year. 7. All of Exhibit 8 has been added following City Council action on this matter. Other than those City code requirements which clearly and specifically apply to this use, I cannot recommend that my client agree to additional conditions of approval. As I stated in my letter to City Manager, Don Ashworth, dated December 5, 1996, the Applicant has encountered a number of delays due to requirements proposed after final approval by the City Council, and the inability of staff members to clearly articulate what is required to process and obtain building permits. This situation is only exacerbated by an after - the -fact requirement that the developer execute a development agreement which contains a substantial number of new conditions which were not adopted at the time of final approval of the above - application. Your letter states that you will not be able to process any further applications on this project until the agreements have been recorded at Carver County recorder's office. As I stated at the outset, this is not a condition of approval of this project. Therefore, the Applicant will not comply with these requirements to obtain a building permit. The final building plans for this project will be completed in the next two to three weeks. Thereafter, on or around March 15, 1997, this office will file for a building permit, and related permits for construction of the project. I will advise my client to comply with each and every condition of final approval of this project, and any specifically applicable City Code requirements. However, my client will not comply with any conditions imposed after the fact, or unofficially adopted by request of city staff. Again, my client has experienced significant additional costs as a result of delays and additional requirements. We will entertain no further delays. We will aggressively enforce our client's right to obtain a building permit in a timely fashion. We will look for your cooperation in this regard. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Sharmin Al -Jaff, Planner II February 27, 1997 Page 3 Sincerely, &ia Gr iffith, r., for LARKIN, HOFFMAN, DALY & LIN 2REN, Ltd. cc: Don Ashworth, City Manager Roger Knutson, City Attorney Chanhassen Mayor and City Council members Nancy Lee Patrick Blood 0279774.01