Administrative Section-- October 8 -15, 1997
Updates from City Hall N
Public Safety Department
• Preliminary meeting held to discuss
beginning a "Citizens Police Academy"
in 1998 to educate the community about
public safety services.
• The fire department's open house was
a great success in spite of the rain.
Thanks to those of you that stopped by.
• A house fire last Wednesday resulted
in smoke inhalation to the occupant and
burns to one firefighter. Extensive
damage was done to the house. There
was excellent response from the Chan-
hassen Fire Department. Investigation
by Fire Inspector Greg Hayes has been
completed.
• Correspondence between HGA and
Minnesota Valley concerning dead trees at
the Recreation Center /School continues.
Final punch lists are dated for a 10/31/97
completion.
• Last week residents were still swimming
at Lake Ann Beach. This week it snowed.
Ain't Minnesota great ?!
Finance Department
• The city received a check in the amount
of $32,325 from the United States Postal
Service for improvements to be made by
the city per terms and conditions of the
agreement executed on September 24,
1997.
water complaints due to the semi - annual
hydrant flushing occurring throughout
the City. Articles were published in the
Chanhassen Villager and the City's
newsletter notifying residents of the
flushing process with instructions on how
to deal with the situation, i.e. running
faucets after 4:00 p.m. each day to clear
any rust in the water loosened in the
water system by the flushing process
during the day. Specific areas in the City
that have experienced severe problems in
the past (low or no water pressure) are
individually notified by letter and
hydrants flushed during the night. The
end result of this semi - annual process is
to provide residents with clearer water
throughout the year.
• The Carver County Board has autho-
rized their radar communications plan to
establish the 800 mhz system in the year
2000. Public safety is coordinating
plans for future city radio needs.
Park & Recreation Department
• A "FREE WEEK" at the Chanhassen
Recreation Center occurred last week in
honor of the center's two year anniver-
sary. Programs during the week ex-
ceeded capacity.
• Teen vandalism continues to be a high
profile concern for our residents.
Recently the After Hours Service
Counter at the entrance to city hall had
to be permanently closed due to vandal-
ism. Our reaction to problem areas has
been reactive centering on policing and
removal of privileges. I would like to
see our city take a pro- active position in
supporting our youth. The last piece of
correspondence I received from Donn
Andrus, prior to his death, was an
invitation to join him in engaging
Chanhassen youth in positive activities.
Any Ideas?
• The $642.79 payment to Frankie's
consists of 23% Senior Center, 44% City
Council, 5% Park Commission, 10%
Recreation Programs, and 18% Park &
Recreation Administration, all of which are
budgeted expenditures.
•The City's United Way Campaign has
raised $82 from its Baby Picture Contest
and Benefit Luncheon and has received
$936 in pledge donations to date. Thanks
to all who have donated.
Public Works Department
• Sump Pump Inspection Program Update:
130 households still have not called for an
inspection. Inspection deadline is October
31, 1997. Monthly $100 surcharge to start
November 1, 1997. Individual notices
were mailed to property owners and
reminders have been published in the
Chanhassen Village:
• Coulter and Arboretum Boulevards
(public improvement projects) are being
paved this week.
• City Hall and Utility Department /Public
Works have been receiving numerous rusty
• Lyman Boulevard watermain emer-
gency pressure reducing valve is opera-
tional.
Administration
• Dean Johnson Trial: Roger Knutson
verbally informed the city council
Monday evening that the sixty day
continuance has ended and that the judge
was very adamant in stating that another
continuance would not be permitted. The
first day of the trial was very productive,
hopefully leading to a conclusion that
will not further trial expenses.
• School District 112 Referendum: The
School District has discovered that a
modification in state law from this past
year will have the affect of not increas-
ing property taxes for homeowners in the
district if the referendum is passed.
They would like to reappear on the
October 27th agenda to provide an
update for the city council.
• Thomason Sewer & Water Bill: I have
not been able to reach Mr. Thomason
regarding his sewer and water delinquent
utility bills which total approximately
$ 600. I will attempt to provide a short
update Monday evening.
Administration (continued)
• St. Hubert's: On Monday evening,
Todd passed out a letter from Dave
Pokorney in regards to the 2.2 acre parcel
in the Villages on the Pond (see attached
letter). If the city council is like myself, I
did not have an opportunity to read that
letter in advance of the item being
formally presented Monday night. The
letter apologizes for not being able to
have somebody present and states that if
their request is denied, that they be given
the opportunity to present the request at a
future date. At this point, I am anticipat-
ing placing this item onto the October 27
city council agenda. Typically, a motion
would be required for reconsideration
prior to acting to reconsider. In this
instance, the city council took no action
and, accordingly, the item can appear as
basically a new request.
• Fund Balances - -All revenues/
expenditures: Questions had arisen
during our last work session as to the
necessity for reserves in various funds.
Pam has prepared a memorandum
describing each of the funds and the
reasons for a reserve in each of them
(included in the budget information in
your packet for Oct. 20). She has also
prepared a summary report showing the
revenues associated with all funds as well
as current requested 1998 expense.
Nancy and I have met to discuss pro-
posed actions that we anticipate would
occur next if we are to balance the 1998
budget.
• Chanhassen Bowl: The letter to the
State Department of Revenue and
governor was not sent. The reason is
that we had not received any formal
indication from the Carver County
Auditor's office that they in fact were
going to treat the delinquent taxes as
"foreclosure payments." I was hoping
that the city council's action to authorize
a letter to the State Department of
Revenue would sway the Auditor's office
in our direction. Unfortunately, we just
received notification that the actual
decision was in fact made by the Rev-
enue Department and their position is
that these are "foreclosure dollars" and
not monies owed to the City of Chanhas-
sen. We will be meeting with the city's
bonding /tax increment attorney Thursday
morning to review that decision and
determine how to best make a legal appeal.
We will also prepare an appeal from the
city council that can be sent to the Rev-
enue Department with a copy sent to the
governor.
• Post Office: An update was provided to
the city council Monday evening in
regards to the Postal Service activities, or
in this case, non - activity. Since that time, I
have had the city attorney prepare an
additional letter to the Postal Service
demanding that the grading be completed
in accordance with the signed contract
between the Postal Service and the city. In
preparing that letter (attached), I noted to
the attorney my sincere concern that the
postal service may determine that the
easist way to obtain a 2:1 slope on the
south side of the berm would be to simply
push the excess dirt further south and
therefore achieve a 2:1 slope. If that were
done, the woods as we currently know
them would be totally eliminated and the
trail would then be pushed virtually into
the backyards of the property owners. I
asked Tom to be very specific in his letter
stating that the toe of the south slope could
not be moved further south. We are also
alerting property owners adjacent to the
Postal Service to contact us immediately if
a bulldozer shows up on the site. They
should call Todd or me whether it is day or
night.
Planning Department (continued)
• Staff has been receiving complaints
regarding realtor signs within public
rights -of -way. On July 29, 1997, a letter
was sent to all realty businesses in the
area regarding requirements for such
signs. Since the realtors continue to
ignore the regulations, we will need to
look at enforcement of the ordinance
through confiscation of the signs.
• Frankie's Pizza, Pasta & Ribs: This
office was notified that Frankie's has been
fined $500 by the Minnesota Department
of Public Safety for violating state statute.
The owner of this establishment was
placed on the delinquent sales tax list, and
while on this list, he may not purchase
liquor at wholesale for the purpose of
resale. Since he could not purchase
wholesale, he bought liquor at a retail store
and resold it at his restaurant. The city has
also contacted the owner stating that we
are aware of the situation and that further
violations may affect renewal of his
license (see attached letters).
Planning Department
• Planning staff continues to work on
updating the Comprehensive Plan. As a
part of the infrastructure element, staff has
prepared a potential MUSA expansion
plan.
• Famous Dave's is resubmitting their site
plan for city review. It will be on the
November 5th Planning Commission
agenda.
YO/15/97 12:21 To:DON ASHWORTH From:Dave Pokorne Page 2/6
October 15), 1997
N ancv -M a n c ino
Nlavor, City' of Chanhassen
P.O. Box 147
Cllanhassen, NIN .5,53 7
Dear Iavor Mailcino:
It is illy' understandlna that the Chanhassen City Council, at its October 1.3 th illeetina, tool
action approv N'illacFes oil the Poild 2nd Addition with a condition that a conservation
easement be pr across Outlot L As j'otl ar a I do believe that this action is
inconsistent with the previ acvreenlent between the Cltj' of Chanhassen. the W ards and
St. Hubert's Church ch recvar dlil(y the outlot
The purpose of im. letter is two - fold. First I w ou ld like to r a illeetiil6 with N'ou and
other appropriate City officials to discuss this m atter to assure that the previ acVreeillents
are understood and implemented. Secondh7r, I will attempt to acrain lav out the hlston of
the under standimy between the Church and the City oil this platter.
In 1 St. Hubert's Church entered into a letter of understanding with the W ards to
acquire 10. .E acres for the site of its future Church a n d School facilitj-. This letter of
under standing was contin (y ent upon the I - Var ds obtainincr Co Plan approval from the
City. The Citj' Council approved the villa (yes oil the Pond Concept Plan oil December 11 ,
1 Attached is a copi' of the Concept Plan which did incorporate the construction of the
soccer f ield oil wh is now Outlot L.
Base oil that approv St. Hub ert 's proceeded to execute a bindlnia purchase aGreeillent
and subsequentlj' preseilted to the City a Site Plan for the Church a n d School co n cept.
Tlirotl (yll the review process, there �11�' dlsagreellleilt amomy the various C itJ review
entitles oil whether the soccer fie should be constructed oil the k or whether the knoll
should be preserved as public ope space. The cltj' C otlilcll orig inally considered St.
Hubert's Site Plan at its nleetiil(y ill Atl (y ust of 1 9 G and tools action continuin(y the matt
with the direction to the Church ch and Cltj' staff to develop a revised Man ellllliilatlno the
soccer field oil the knoll and instead, preserving this area.
Based oil that direction, St. Hub ert's worked with the developer and Four staff to develop all
alternative plan based oil the concept of preserv. inn the wo oded knoll as public open space.
10/15/97 12:21 To:DON
ASHWORTH From:aave Pokorne Page 3/6
' T � ' City rep resentatives )lltatl�TeS that either the Church
Throtl (jh those discussions, we were e assu ed t � � � reSe
T pro priately comp ensated for creatillcy the public open space.
or the de would be app � � I
on September 9, 19 9 6, the
City , Council took action approving the amended Site Pl an. In
-' was dir ected to work out all appropriate ala with the
ta�lll� t111S actio C.�lt�. Staff V aI dS and the Church C
:oncer hiller the acquisition of this Outlot. Subsequent to discussions
b,
ltll re tives of the Parks, Plannincr and Administrativ staff, all _acvreelllellt was
�'l
r eached w hereby the outlot would be dedicated to the City and the A� 'ards or the Church
lid Credit. This agreement is summarized ized 111 the attached letter
would r eceive e fatal e parkland �,
r her dated December 2, 1996. Following this a (yreenien the
to Do ASll�r1� ol tll, Clt�. �Ialla �
d its pur chase acr eenient with the AN"ar ds to r eflect that
C hurch Cll pI oCeeded to alllell I t
' � that Mr. Ashw would concur that the Decem 7 1 nd letter
tllldel Stalldlli�. I do bel ieve _. T �
Zlellt I eaClled at that tulle. It was not until approx imately 30
accur ately r eflects the a eeI
T aware that the City Council ��'l'as Considering action incoIlSlStellt
da y s ag o that we t�ee�alll e a
with that a
It sll0tlld be noted that the
other elements of the December 199 letter have been
llilj)lelllelltcd. T he Chur a the Wards am ended the a(reelllent to Create a separ
outlot for the knoll, the S16,000
of p ark laud f ees have been paid and a building permit
is sued to the Church Cll �� 1
was l
. wi th no additional )ar fees requir B oth the War and the
comp rile o ag i eenient and deed the O1ltlot to the City.
.
Chur ch ale pr epared ed to CoIIl I g
Based oil our past deallll wit the City' of Cha nhassen, St. Huber is Confident that this
�S _ ,
' a and that pr evious commitments f rom both par ties will be
I111SulIldel StaI1d1I1 Call be resolved ed j
adhered to. I look foI _
�xvar d to Illeetill(y wi you 111 the hear future to discuss these matte
in (Yreater detail.
r
Thank you for your continued cooperation.
S Nicer e V9
David Pokornev
Bulildino Committee
DP: j Iiis '
Enclosure
C: Doll Ashwor City' Manager
St. Hcaber t's Bulildilig Committee �.Ieiiib
Father Steve Ulrich, Pasto
- 10/15/97 12:21 To:DON ASHWORTH From:Dave Pokorne Page 4/6
October 13, 1997
Don Ashworth, City .N lanagFer
City of Chanhassen
P.O. Box 147
Chanhassen, XITT 5-5.317
Dear Doll:
The purpose of niv letter is follow up oil our recent discussion concerning the acquisition of
0 Litlot L of the Villa (yes on the Pond by the City of Chanhassen. It is im. understandin(y that
this item will be considered aGain by the Citi? Council at its October 13th llleetiil
Because of other commitments, I will be unable to attend that nleetin (y. It is niv
uilderstandin(y thouch, based oil x-our Menlo of October 8, 199/ , that there is acvreelll.ent
that the under standing between the Citi. , the Y Wards and St. Htlbert's Church ch is cFeneralh- as
outlined in the letter of December 1, 1996. In reviewincv the history of this platter witli
Dave BancFasser, who represented the Church throe (yll the Site Plan approval process, lie
concurred that the filial Site Plan was approved with the understanding that the 1. _' acre
outlot would be preserved as open space and further, that the staff' was instructed by the
City Council to work out adequate compensation.
If the City Council has additional questions for the Church or if then do not concur with.
Four recommendation, I would ask that I be allowed to attend a future City' Council
nleetincv to f eview the Church's ell's position acvain ill cvr eater detail. If the Council concurs with
jour recommendations, the Church would be supportive of either a direct paj'nlent or
future parkland credits as was oricvinallj' a (yreed to.
Thank you for Four continued cooperation. If you have anN. questions collcernincy St.
Hubert 's position oil this platter, please feel free to contact me at N. our convenience.
Sincere v,
David Pokornev
DP: j ills
10/15/97 12:21 To:DON ASHwORTH
From:aave Pokorne Page 5/6
December , 1 9 G
Do Ash
City I1lan
City of Chanhassen
Chanhassen City. Hall
P.O. Pox 147
Chanhassen, XI N 5 5 3 17-0
Dear Doll:
ai 1Ze our re cent d1SCtlSSloll collc parkland
The purpose of IIl�' letter 1S to StlIIllll eed.
1t of park fees for St. Hubert s C hurch . ch. Specifically. we acvr
dedication and payme ai I j
T - deed to the Cit�� of Chanhassen for Public
A) St. Ht1bel t S or the aI ds would a ee to
Open space purposes the 2.-'
acre parcel located south of the Church a east of
Hi (yhw av 101.
... ini .. • � the 'ar of the. C 11t1I -cl1 �;� �T Cjtll��
H)
At the time of On the lllltlal plat fo the � llla�,es, t1
a6r ee to pav S16,000 par fees.
ti � .. ' ' . 6 for C11t1iC11, no a dditional pal�li or
�,t the tulle of obtallllll6 a bulldlll�, permit f oI t .
1
T collected from St. Hubert's since St. Hubert S IS constructing a
trail fees wo f e
I
park and jlavcv round as part of the project.
f r.
• - liar to S90,000 wh i ch ��Til l
A i "ards would be g ranted future e pal kland c equal D � The ' � w 1 addltl -Qllal laird 1S f ll:lal
a (Yalnst par kland kland land fees due in the future e T1� hei
be cr edited dlted � j
platted within the k subdivision.
T - a bet ween lire Clt�', lire N"\Tai ds and fit. Htl��el - tS
These 1teIIIS I belie r epres e nt lire a� eelllelltS 1_ � t - ,
- e I . ? acre parcel. It IS the chur s intent to obtain its
C- llur Ch r e to the donation Of the f
. for Aber. Further, w e understand the Churc w ilt
building per Illlt f oI lire pr oject lIl early Dec ember. ,
?' � O oo ill sewer and w ater availabilit ' char 6es. Ou intent
be responsible for pad lll�, 11 �, _ tl- l.11�'
costs be assessed based on normal C itj pollcj I _
will be to re quest that these - T
1Il assistincF the Church as we have developed our el all
of
appreciate your stat s cooperation
master plan and lo ok f oI�1T ar d to truly cr eatlll( a Special project.
' ( y these tinder standln6S please feel free to contact me at
If j otl have ally quest Co ncernln
jour convenience.
SlllceielN',
10/15/97 12:21 To:DON ASHWORTH From:Dave Pokorne
Page 6/6
Dave Pokornev,
Buil d1I1(y Committee
mittee
CITY OF
SSE
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
October 8, 1997
Mr. Christopher Monson
CSM Enterprises, Inc.
d ba Frankies Pizza, Pasta and Ribs
7850 Market Boulevard
Chanhassen, MN 55317
Dear Mr. Monson:
Control Division.
• notice that was sent to you from the Liquor •
he city has received a copy of the note
T y recollection is that a city may not renew or issue
additional research, but my rec Department of
I will. be completing has been included in the Minnesota p
a li license to any party whose name ..
• occurs in the spring of each year and I
q � Delinquent
�x Delin List. Renewal. occu p
Revenue Liquor Postin T� q
' resolved
in hopes that this issue will b prior to that point in time. p
am p
uestions lease feel free to contact me.
Should you have any q g p
Sincerely,
Don Ashworth
C its Manager
DA:k
' esota dated September 17,
bcc
inn
Manor and City Council (including Notice from State of M
1997)
a
LIQUOR CONTROL DIVISION
444 CEDAR STREET, SUITE 100 -L
ST. PAUL, MN 551 01 -21 56
(612) 296 -6159 • TTY (612) 282 -6555
FAX (612) 297 -5259
September 17, 1997
CSM Enterprises Inc.
Frankies Pizza Pasta
7850 Market Blvd
Chanhassen MN 55317
,!�Nt OWF PVe�
I i
j.
4T
O� M1N j
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
SAINT PAUL 55101-2156
Y`
& Ribs
NOTICE OF
AGENCY ACTION
The Department of Public Safety, Alcohol and Gambling Enforcement
has bvi.dence that while on the Minnesota Department of Revenue
Liquor Posting tax delinquent list you purchased intoxicating
liquor from a retail liquor licensee for the purpose of resale in
violation of Minn. Stat. 5 340A.4150
The Department of Public Safety, Alcohol and Gambling Enforcement
is g iven the authority to take civil action in the form of a fine,
license suspension or license revocation for any violation of
Statute, Rule or Ordinance related to alcoholic beverages.
Pursuant to this authority, you are hereby notified that this
agency is imposing -- a civil fine in the amount of $500.00, for
violation of the law as provided for in Minn. Stat. .9 340A.4154
This fine is due 20 days from the date of this notice unless you
contact us within this time period contesting this matter.
You are also advised that you have the right to a hearing before an
administrative law judge. The request for such a hearing must be
in writing and must be sent to the undersigned within twenty days
of the date of this Notice. If you request a hearing, this agency
will initiate a contested case proceeding pursuant to the
provisions of the Minnesota Administrative Procedures Act.
If Y ou
do not
wish to contest this
agency action, send a check
p ayable to the
Alcohol and Gambling
Enforcement Director in the
amount
of $500.00. If are have not received payment or a request
for a
hearing
by October 7, 1997,
additional and more serious
agency
action*
may be taken against
your license for failure to
comply
with the directive of the Commissioner.
Since ely,
Thomas - Brownell, Director
Alcohol and Gambling Enforcement
AN EQUAL OPPORTUNITY EMPLOYER
V