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Administrative Section
ADMINISTRATIVE SECTION Memo from Don Ashworth re: Nez Perce Law Suit dated June 7, 1994. Letter from Congressman Rod Grams dated May 10, 1994. Letter from Jeanne Straus and Betsy Bralts dated May 11, 1994. Letter from Al Wallin dated May 3, 1994. Memo from Charles Folch dated May 20, 1994. Letter from David Hutton, City of Shakopee dated May 12, 1994. Memo to Dan Remer dated May 20, 1994. Letter from Dave Johnson dated May 6, 1994. Memo from Charles Folch dated May 20, 1994. Memo from Scott Harr dated May 24, 1994. Letter to James Unruh, Barton - Aschman dated May 24, 1994. Letter to Richard and Karen Seaberg dated May 25, 1994. Note from Gladys Hanna. Letter to Tim Jeske dated May 24, 1994. Letter to Halla Nursery dated June 1, 1994. Letter from Duane and Karen Malmstrom dated May 30, 1994. Meeting Report, TH 5 South Frontage Road/Trunk Sanitary Sewer Construction dated June 2, 1994. Anonymous card regarding Senior Housing received June 6, 1994. Memo to Charles Folch dated June 6, 1994. Letter to Phyllis & Art Bofferding dated June 7, 1994. Bulletin for Officials dated May 1994. 01 41 Anonymous letter dated June 3, 1994. ' Memo from Kate Aanenson dated June 8, 1994. Memo from Kate Aanenson and Diane Desotelle dated June 8, 1994. I Memo from Todd Hoffman dated June 8, 1994. CITY OF ee CHANHASSEN ✓� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I. I i TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June 7, 1994 SUBJ: Nez Perce Law Suit The District Court has ruled in the city's favor in regards to the lawsuit brought against the city be Frank Beddor et al against the city in regards to the extension of Nez Perce. The Court found the suit to be so frivolous as to award our court costs and witness fees--a finding which is rarely made. The following is the verbatim conclusion as reached by the Court: "It is clear to the Court that Plaintiff Beddor's purposes in filing this lawsuit had little to do with the legitimate public policies of the environmental protection statutes. The Court acknowledges that, initially, this matter presented legitimate issues of fact. However, as this case has proceeded, it is more obvious to the Court that ulterior motives were and are at the core of this lawsuit. Plaintiff Beddor and his representatives had taken a position in favor of this street project on more than one occasion. However, with the development of the Tower Heights property Beddor's position changed. He wrote to the former owner of the Tower Heights property indicating 'it's in my best interest to do everything I can to discourage his plat,' This was in reference to the development of the Tower Heights property. With his opposition to the street project came allegations that the development with the Nez Perce street project would result in pollution of Christmas Lake. Beddor's own expert indicated that Beddor's Troendle Addition has resulted in phosphorous entering Christmas Lake in an amount similar in quality and quantity to the runoff from the Nez Perce street project and development... F u MEMORANDUM Mayor and City Council June 7, 1994 Page 2 In conclusion, the City of Chanhassen has acted responsibly and with a concern for its citizens, all affected persons, and the environment. Plaintiffs' claims should be dismissed in their entirety. RJG The above "conclusion" would make an excellent "letter to the editor." L HrTFEE COUNTY CF CARVER FIRST . "HICIAL DISTRiC7 CHASKA MN Ce�e PI;;Rter: 90- C9- 73 -OJ1 i 11 NCO T10E C �e Title: CITY OF CHR "4. tl- -�, A A8J TiUNICiFFL CORP. VS. FRANK PEDDCR, JR. & MARILYN A. SEDDCR ET AL Lawrence A. Moloney Todd A. Noteboom 3500 Fifth Street Towers 150 South :.5th St. • Minneapolis, MTV 55402 Thomas V% Scott Campbell, KNutson, Scott &Fuchs PA 1350 Corporate Center Curve,'.Suite'317 Eagan, MN 55121 YOl1 AF- hSP.E_:Y NCT?FIFr• THE" IN THE ASC +V'E ENTITLED MATTER ON FI''IN�E' AND t' =;JER �!S "rE DULY FILED. I1'�LY FILED. r I �^ 1 T-' s ' fir. Lnl NT Wr ' U 11 Y o;. OF LAL4 A; CRr,FR F_c J :.T MENvT E- iTEOREr . T - THE 7 C'T�:C= CC"rIES ATTAwHED F19 (�2.c DE�7Y BOX 4 60L E 4TH: ST,CHiASNA, MN.55314 FHCNE (61F) 361 - 1431 A TP:1E F,i.D CORRECT COPY 'CF THUS NS;ICE HAS' PEEN S .VE'D BY MAI- UPCN THE PARTIES HEREIN AT THE LAST KNOWN ADDRE,_ OF EACH,PURSUANT TC• MI ",'NESCT!; RULES OF CIVIL PROCSDURF, RULE 77,04. x STATE OF MINNESOTA JUN 31994 DISTRICT COURT Ckn, r-n WV4 I Y COURTS ' COUNTY OF CARVER FIRST JUDICIAL DISTRICT - Frank Beddor, Jr., Todd Novaczyk Court File No. C9 -93 -1111 and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, ' Plaintiffs, ' FINDINGS OF FACT, VS. CONCLUSIONS OF LAW, ORDER FOR JUDGMENT ' City of Chanhassen, its Mayor Don Chrniel and City Council Members, ' Defendants. ' ------------------------------------------------------------ - - - - -- The above - entitled matter came on for a court trial before the ' Honorable Robert J. Goggins presiding, commencing February 28 through March 1, 2, 3, 7, 8 9 and 15, 1994, at the Carver County Courthouse, Chaska, Minnesota. The trial was concluded with ' submission of memoranda and final arguments on April 15, 1994. Lawrence A. Moloney, Esq. and Todd A. Noteboom, Esq. , Doherty, ' Rumble & Butler, P.A., 3500 Fifth Street-Towers, 150 South Fifth ' Street, Minneapolis MN 55402, appeared on behalf of Plaintiffs. Thomas M. Scott, Esq. Campbell, Knutson, Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan MN 55121, appeared on behalf of Defendants. ' Based upon the evidence submitted at trial and having carefully considered the written and oral arguments of counsel, the ' 1 CA11F FELL , I:I'd1.1T ".0k , SCOTT & FUCHS , P . A Court hereby makes the following: FINDINGS OF FACT I Jun 6,94 14:06 N0.006 P.04 On July 26, 1993, the City of Chanhassen initiated condemnation proceedings to acquire a 3.5 acre parcel ( "Vineland Lot 5 for a local street project involving the extension to Nez Perce Drive. II On August 13, 1993, Plaintiffs commenced this action pursuant to the Minnesota Environmental Rights Act (MERA), Minn. Stat. 5116B.01 et seq ., against the City of Chanhassen, its Mayor and City Council members seeking unspecified equitable relief relating to the proposed street project. III On or about September 24, 1993, Plaintiffs served and filed an Amended Complaint. Count I reasserts Plaintiffs MERA claim. Count II alleges a violation of the Minnesota Environmental Policy Act (hereinafter "MEPA"), Minn. Stat. 5116D et se ., in regard to the City's decision not to complete an Environmental Assessment Worksheet (hereafter "EAw Count III generally alleges that the City acted arbitrarily and capriciously in its decision to proceed with the proposed street project. IV Plaintiff Frank Seddor, Jr., is the owner of Vineland Lot 5 the 3.5 acre parcel being condemned by the City for the project. 2 CH[1f t1, L , , u n , G . ULIt, •.' • i T Beddor is a resident of the State of Florida. He is the owner of ' a home located at 910 Pleasant View Road in Chanhassen. He is also the developer of an 8.7 acre, 15-lot subdivision, called the ' Troendle Addition adjacent to the project area. In the early 1980s he also developed Christmas Acres Estates, a seven -lot subdivision located immediately north of the project area next to Christmas ' Lake. V ' Plaintiffs Todd Novaczyk and Sherry Novaczyk are owners of ' property located at 6371 Pleasant View Cove in Chanhassen. VI ' Plaintiffs Robert L. Post and Sandra J. Post are owners of property located at 489 Pleasant View Road in Chanhassen. ' VII ' Defendant City of Chanhassen is a Minnesota municipal corporation doing business at 690 Coulter Drive in Chanhassen. ' VIII The proposed residential street project consists of the ' extension of Nez Perce Drive approximately 400 feet across Vineland ' Lot 5 to the northwest from its present terminus at a temporary cul -de -sac to Peaceful Lane which connects to Pleasant View Road, together with the realignment of Peaceful Lane to access the proposed 7.1 acre 13 -lot Tower Heights Addition. The realigned Peaceful Lane accessing the Tower Heights plat will be called Tower Heights Drive. Approximately 200 feet of Tower Heights Drive is located on Vineland Lot S. The remainder of this cul -de -sac street ' 3 is within the Tower Heights plat. - IX , The purpose of the project is to improve traffic circulation by providing a north /south connection through the area, improve , access to the neighborhood for emergency and public safety ' vehicles, and provide street access for the new Tower Heights development. ' X The extension of Nez Perce Drive to Pleasant View Road has ' been planned by the City since 1989 when Vineland Forest, an 18 -lot , subdivision to the east of the subject property was approved. XI , In 1989, when the Vineland Forest plat was before the City Council, City staff examined alternative access concepts for ' serving Vineland Forest and the area to the west which now consists of the Troendle Addition, the proposed Tower Heights Addition and Beddor's Vineland Lot 5. Four alternatives were subsequently , submitted to the City Council. The City approved the access concept plan which provided that Nez Perce extend from its then , terminus at Lake Lucy Road and loop to the northwest and connect with Pleasant View Road via Peaceful Lane. The project now being challenged is the last segment of this plan. ' XII In 1989, the Vineland Forest developer originally proposed 21 , lots all accessed solely by a long cul -de -sac going straight south ' off of Pleasant View Road. Beddor opposed this because of traffic concerns on Pleasant View and supported the route which he is now ' challenging. XIII ' The September 8, 1989 staff report analyzed the different access concepts and set forth the planning reasons for a through street to Pleasant View Road. The report stated at page two: ' Given the size of the study area, staff estimates that approximately 55 homes could eventually be built. Each single family home will generate approximately 10 trips per day. ' This estimate is based upon the access and development concept plans that are presented in this report. The plans attempt to provide lots consistent with city development standards. In our opinion, to adequately serve this large an area a through street connection is warranted. The connection is important to being able to provide adequate levels of service for local residents and reasonable emergency vehicle response times. ' from the standpoint, of the larger, surrounding neighborhood a north /south connection is considered to be of benefit for traffic flow and emergency vehicle access since it would be ' the only connection between Powers Boulevard and Lotus Lake. XIV ' In December of 1989, the Vineland Forest plat was approved and it was subsequently developed with Nez Perce terminating in a ' temporary cul -de -sac. A temporary barricade was erected and a notice regarding the ultimate extension of the street was placed in ' the chain of title of each lot. XV In 1990, Plaintiff Beddor purchased the 8.7 acre Troendle ' property for residential development. The property is located between the Vineland Forest plat to the east and the proposed Tower Heights subdivision and Lot 5 parcel to the west. ' XVI In January of 1991, the City Council gave preliminary plat ' 5 LHi DELL concerns on Pleasant View and supported the route which he is now ' challenging. XIII ' The September 8, 1989 staff report analyzed the different access concepts and set forth the planning reasons for a through street to Pleasant View Road. The report stated at page two: ' Given the size of the study area, staff estimates that approximately 55 homes could eventually be built. Each single family home will generate approximately 10 trips per day. ' This estimate is based upon the access and development concept plans that are presented in this report. The plans attempt to provide lots consistent with city development standards. In our opinion, to adequately serve this large an area a through street connection is warranted. The connection is important to being able to provide adequate levels of service for local residents and reasonable emergency vehicle response times. ' from the standpoint, of the larger, surrounding neighborhood a north /south connection is considered to be of benefit for traffic flow and emergency vehicle access since it would be ' the only connection between Powers Boulevard and Lotus Lake. XIV ' In December of 1989, the Vineland Forest plat was approved and it was subsequently developed with Nez Perce terminating in a ' temporary cul -de -sac. A temporary barricade was erected and a notice regarding the ultimate extension of the street was placed in ' the chain of title of each lot. XV In 1990, Plaintiff Beddor purchased the 8.7 acre Troendle ' property for residential development. The property is located between the Vineland Forest plat to the east and the proposed Tower Heights subdivision and Lot 5 parcel to the west. ' XVI In January of 1991, the City Council gave preliminary plat ' 5 CW1F FELL , I'NIJTSON , SCOTT 8 FUCHS , P . A Jun 6 , 94 14:0'? No . OC :, F' . 08 z approval to Beddor's Troendle Addition. XVII ' Access to the Troendle Addition was obtained by removing the temporary cul -de -sac placed on the west edge of the Vineland Forest subdivision and extending Nez Perce Drive into the Troendle ' Addition consistent with the plan to ultimately extend the street to Pleasant View Drive at Peaceful Lane. AS with the Vineland ' Forest plat, the present temporary barricade was erected at the present terminus of Nez Perce at the western edge of the Troendle ' Addition. ' XVIII As part of the Troendle Addition plat review, city staff ' reaffirmed the planning reasons for extending Nez Perce to Pleasant View Drive via Peaceful Lane. The October 17, 1990 staff report , stated: ' Access into this area of the City was explored in detail with, the review and approval of the adjacent Vineland Forest subdivision. During review.of that subdivision, it became ' clear that the City wished to maintain continuity of north /south flow between Pleasant View Road and Lake Lucy Road and points further south to maintain reasonable access for ' emergency vehicles and residents. At the same time, residents along Pleasant View Road were concerned that if traffic were introduced too far to the east that Pleasant View Road would have an undue burden from increased traffic. Consequently, an ' access concept was developed whereby Nez Perce Road would be ultimately extended through the Vineland Forest plat and over to adjacent parcels where it would intersect with Pleasant ' View Road at the current site of Peaceful Lane. XIX ' in making its decision on the Nez Perce Drive extension to Pleasant View Road, the City Council had to balance competing ' concerns about traffic expressed by lake Lucy Road residents with 6 LWI1 ttLL those of Pleasant View Road residents. Lake Lucy Road residents wanted Nez Perce extended to Pleasant View Road at the same time Beddor developed the Troendle Addition. XX In response to the concerns of the City Council and Lake Lucy residents about when Nez Perce would be extended to Pleasant View ' Road, Daryl Fortier, acting on behalf of Beddor, reiterated to the City Council Beddor's support for the connection to Pleasant View Road. r i� XXI The January, 1991 preliminary plat approval of Beddor's Troendle Addition allowed only six of the 15 lots to be developed until Nez Perce was extended to Pleasant View Road via Peaceful Lane. The city subsequently agreed to allow all 12 of the lots accessing off Nez Perce Drive to be developed immediately when final plat approval was granted on August 12, 1991. Beddor escrowed $10,000 toward the cost of ultimately extending Nez Perce Drive to Pleasant View Road. Daryl Fortier, Beddor's architect, again reiterated Beddor's support for the Nez Perce extension to Pleasant View Road via Peaceful Lane. XXII On April 13, 1992, the City Council ordered the preparation of a feasibility report relative to the extension of Nez Perce Drive to Pleasant View Road in order to more thoroughly define the alignment and construction costs. 7 XXVII on September 4, 1992, the City issued a grading permit to ' Beddor for the purpose of excavating out, shifting and enlarging a pond on Lot 5 and joining it with a pond located in Beddor's ' 8 XXIII On April 28, 1992, Beddor signed a petition relating to the , construction of Nez Perce within the Troendle Addition in which he acknowledged that Nez Perce was "slightly realigned from the , roadway as platted so as to make future construction of Nez Perce westerly sterl to Peaceful Lane better fit the land over which it must be ' constructed.' ' XXIV The feasibility report, dated July 8, 1992, shows two slightly , different alignments of the extended Nez Perce Drive, the difference being whether there would be a curve or 'IT" intersection , at its junction with the existing Peaceful Lane. XXV On 3uly 13, 1992, the city Council accepted the feasibility , study and directed that a public hearing on the street project be , held on August 10, 1992. XXVI ' on August 10, 1992, the City Council voted to table action of the feasibility report due to the uncertainty of the ownership ' status of Lot 5, the property over which the road would be built. Beddor was negotiating for the purchase of the property at that g g time, which he completed later in 1992. ' XXVII on September 4, 1992, the City issued a grading permit to ' Beddor for the purpose of excavating out, shifting and enlarging a pond on Lot 5 and joining it with a pond located in Beddor's ' 8 CH01F'EE�LL SCOTT & FUCHS , P . A t � I i Jun 6 9 14:10 No .006 F adjoining Troendle Addition. The excavation work involved an extensive reconfiguration of the ponds and design of the new combined pond as a National Urban Runoff Program (NURP) pond. ' XXVIII ' In reviewing Beddor's grading permit application, the City staff determined that Beddor did not need to obtain a wetland alteration permit to do his excavation work within the pond area. The history of the Lot 5 pond, as Fortier contended, indicated that it was o riginally a man -made pond. XXIX In 2 of 1992, the City's wetland mapping consultant had identified the Lot b pond as a naturally - occurring wetland and the Troendle Addition pond as a utilized water body under the city's ' wetland ordinance. After Beddor's grading work, which was ' completed in 1993, the City staff subsequently classified the combined Lot 5 /Troendle Addition pond as one utilized pond. ' XXX A utilized water body is defined by Section 20 -403 of the Chanhassen City Code as a water body: ' created for the specific purpose of surface water runoff retention and /or water quality improvements. These water bodies are not to be classified wetlands even if they take on ' wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. XXXI The combined Lot 5 /Troendle Addition pond has an existing ' storm water pipe running into it from Beddor's Troendle Addition to the south. Existing overland drainage also flows into it from all 9 CPHF BELL , I:PdUT:,OPd , SCOTT & FUCHS , P . A Jun 6 , 94 14:11 Nc . 0:76 F.12 directions, including Pleasant View Road to the north and Peaceful Lane to the west.. , XXXVI The September 4 1992 grading permit granted to Beddor was , conditioned upon incorporating any modifications to the site ' grading and /or storm sewer improvements resulting from the extension of Nez Perce Drive. , XXXIII The grading permit required that Beddor grant the City a drainage easement over the pond up to the 100 -year flood elevation, which Beddor did by easement, dated December 28, 1992. XXXVV ' on biay 24, 1993, the City Council designated Alternative "A" as set forth in the July B, 1992 Feasibility Report as the ' preferred alignment of Nez Ferce Drive across Lot 5 and directed , that condemnation of Lot 5 be commenced. There was no official mapping of the alignment for purposes of future acquisition pursuant to Minn. stat. 5462.359 since condemnation was initiated. XXXV ' On June 22, 1993, Beddor wrote a letter to Art Owens, the ' previous owner of the Tower Heights and Lot 5 properties stating that "it , s in my best interest to do everything I can to discourage ' his plat" and requesting Owens to give him an opportunity to buy the property if the developer cannot perform. ' XXXVI , on or about July 26, 1993, the City Attorney initiated 10 CHI1F'r:LLL condemnation proceedings to acquire Vineland Lot 5. _ XXXVII On or about July 28, 1993, the City received a copy of a Petition from Beddor and his supporters requesting an EAW which had been filed with the Minnesota Environmental Quality Board. XXXVIII ' The EAW Petition, prepared by Beddor's attorneys, described the claimed potential environmental effects of the street project as follows: Petitioners believe that the project will potentially ' adversely affect the environment in the following ways: Cause the unnecessary destruction of at least 22 mature ' trees ranging in age from 50 - 100 years old Adversely affect a wetland /pond located adjacent to the ' Nez Perce Drive extension cause increased traffic to Pleasant View Road and Nez Perce Drive which will create safety - related concerns of ' owners abutting Pleasant View Road and Nez Perce Drive Result in increased air pollution and noise levels to ' landowners adjacent to Pleasant View Road and Nez Perce Drive. ' XXXXX The EAw Petition makes no reference to environmental concerns ' about Christmas Lake. The only "material evidence" it references relating to drainage is the following statement; ' The proposed extension creates an additional significant environmental impact to a wetland /pond area on Beddor Lot 5. The extended road, as planned, would be directly adjacent to the pond _see attached map, Exhibit D), subjecting it to road salt and oil contamination due to runoff. XL The EAw Petition does not raise any issue over any purported 11 CHiHF BELL , I :I! !T: >ON , SCOTT & FUCHS IM cumulative effects of any related or anticipated future projects. XLI On August 23, 1993, the City Council considered the EAW petition and on August 30, 1993, it adopted its Findings of Fact and Decision determining that an EAW was not needed and would not be prepared. XLII The EAW Findings specifically address the fact that the few trees to be removed are not unique or different from others in the area in species, size, aesthetics or historical significance. XLIII The EAW Findings also specifically address in detail the status of the combined Lot 5 /Troendle Addition pond after Beddor's grading work as being part of the City's storm water system, the fact that the pond will be expanded to provide adequate drainage for the area and that the street will not come within 150 feet of the road. XLxV The Findings address the issues raised by the EAW Petition and indicate a rational basis to deny the petition. XLV on or about September 13, 1993, the City Council approved the Preliminary Plat for the Tower Heights Addition, conditioned upon completing the extension of Nee Perce Drive and the developer providing detailed storm sewer calculations and ponding calculations to the City Engineer for review and approval. 12 I Ei n J CAI °IF BELL , SCOTT & FUCHS , P . A Jun 6 , 94 14:13 No-006 F' . 15 M XLVI Storm water from -the street project will flow into the Lot 5 pond and then to the west through a pipe under Peaceful Lane to a pond east of County Road 17 "County Road 17tt pond), where it then combines with other storm water drainage from the developed area to the west, flows through other ponds and eventually into Christmas Lake to the north. XLVII Nez Perce Drive, as extended, will not come within 150 feet of the Lot 5 pond and therefore will not physically impact the pond. XLVIII ' There will be some increase in the amount of runoff into the Lot 5 pond and subsequently into the County Road 17 pond as a ' result of the construction of the street project. This is the case ' in any development. JtLI X ' The City is developing a comprehensive surface water management plan for the City at a cost of approximately $260,000. ' The City has also established a Surface Water Management Plan Task ' Force, adopted a Best Management Erosion Control Handbook in october of 1992 and adopted a new Wetland Protection Ordinance in ' December of 1992. L ' The City's surface water management plan is a state -of- the -art ' plan for managing surface water runoff with the ultimate goal of reducing the level of phosphorus and other pollutants entering ' 13 U LI I I lakes to natural or pre - development levels. LI Whether or not this project proceeds, the Tower Heights property and Lot 5 will eventually be developed into single family homes. LII The plaintiffs have advocated diversion of the surface water runoff to Lotus Lake and Lake Lucy. It is not feasible and prudent to attempt to engineer the diversion of the surface water runoff from this project area to a different watershed and into a different lake, such as is proposed by plaintiffs. LIII The combined Lot 5 /Troendle Addition pond was designed in accordance with the Natural Urban Runoff Program ("NURP ")design standards when it was excavated by Beddor in 1992 and 1993. A NURP pond is designed to facilitate the removal of pollutants from storm water by causing the particles to ,settle to the bottom of the pond with the cleaner water then moving on through the storm water system. LIV The county Road 17 pond is designated an Ag /Urban wetland under the Chanhassen City Code Section 20 -403, which are defined as follows: wetlands, Acx /tLrban wetlands that have been influenced by agricultural or urban (residential, commercial, or industrial) land usage are called Ag /Urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species diversity, overcrowding and domination 14 ��ll 11 L'L 1 by invasive species such as reed canary grass, and reduction in wildlife habitat. LV There is no evidence that the City will violate any federal., state or local wetland rule or regulation in connection with the handling of the storm water from the proposed project. LVI There is no evidence as to the amount of additional runoff generated by the street project itself. All the evidence is 1 inclusive of the additional runoff resulting from the overall development of the Tower Heights Addition into single family homes. There will be some increased runoff into the Beddor Lot 5 pond and then into the County Road 17 pond as a result of this development. ' LVII There is no evidence as to the additional amount of phosphorus which will make its way to Christmas Lake as a result of the street project itself. All the evidence is inclusive of the overall I development of the Tower Heights Addition into single family homes. I LVIII plaintiffs' lymnology expert, Richard Osgood, originally testified that the proposed project would cause considerable additional storm water to be collected and discharged into the Lot 5 pond which would adversely and eventually affect the water quality in Christmas Lake. zIx Specifically, based on data taken from a 1981 water quality sampling, Osgood projected an annual phosphorus load input into 1 15 Christmas Lake of approximately 500 pounds, attributing 135 pounds from atmospheric conditions and approximately 350 pounds from surface runoff. LX Osgood later during the trial changed his testimony, testifying that the annual phosphorus load would be only 93 pounds per year, attributing 60 pounds of the total amount to surface runoff and 33 pounds attributed to atmospheric sources; this is more than 60% less than originally posited. LXI Osgood testified that a projected 2.8 pounds of phosphorus from the Tower Heights Development would represent a 4.7 percent (%) increase in the annual runoff input of phosphorus into Christmas Lake and a 3 percent (%) increase in total annual phosphorus loading. Osgood agreed that Beddor's Troendle Addition is placing similar quantities of phosphorus into Christmas Lake. LXII Given this projection, these two housing developments which occupy 14 -15 acres of a 1200 -1500 acre watershed would constitute to percent ( %) of the annual phosphorus load into Christmas Lake. LXIII The evidence presented by Plaintiffs regarding the condition of Christmas Lake in relation to phosphorus, chlorophyll, and general lake clarity was based primarily on data collected from the early 1980's up through 1985. Data collected by Plaintiff from 1991 and 1993 during this trial indicated virtually no change in 16 a Christmas Lake of approximately 500 pounds, attributing 135 pounds from atmospheric conditions and approximately 350 pounds from surface runoff. LX Osgood later during the trial changed his testimony, testifying that the annual phosphorus load would be only 93 pounds per year, attributing 60 pounds of the total amount to surface runoff and 33 pounds attributed to atmospheric sources; this is more than 60% less than originally posited. LXI Osgood testified that a projected 2.8 pounds of phosphorus from the Tower Heights Development would represent a 4.7 percent (%) increase in the annual runoff input of phosphorus into Christmas Lake and a 3 percent (%) increase in total annual phosphorus loading. Osgood agreed that Beddor's Troendle Addition is placing similar quantities of phosphorus into Christmas Lake. LXII Given this projection, these two housing developments which occupy 14 -15 acres of a 1200 -1500 acre watershed would constitute to percent ( %) of the annual phosphorus load into Christmas Lake. LXIII The evidence presented by Plaintiffs regarding the condition of Christmas Lake in relation to phosphorus, chlorophyll, and general lake clarity was based primarily on data collected from the early 1980's up through 1985. Data collected by Plaintiff from 1991 and 1993 during this trial indicated virtually no change in 16 Ch►'FBELL, k'NUTSIDN, SCOTT & FUCHS, P Jun 6,94 1415 No.006 P.19 phosphorus levels, chlorophyll concentrations and /or water quality of Christmas Lake since 1985 as a result of the additional development within the drainage district since that time. ' LXIV There is no feasible and prudent alternative to the street project in question. t LXV Plaintiffs acoustics and sound expert, Richard Van Doeren, ' testified that the proposed project will have an adverse affect on the quietude of the surrounding area due to an increase in the amount of noise caused by increased traffic levels. LXVI Quietude is defined as a natural resource pursuant Minn. Stat. §116B.011 €t. tea• ' LXVII The Court finds that Van Doeren's testimony addressed the ' issue of residual noise levels that may increase due to potential increases in traffic on Pleasant View Road itself and away from the ' road into residential areas. ' LXVIII Van Doeren's conclusions were based on studies and reports i completed in 1971, 1977 and 1986. The Court finds that Van Doeren's data did not reflect nor show that the quietude of the surrounding ' area away from the road will be impacted due to increased traffic ' noise levels along Pleasant View Road as a result of the project. ' 17 r III LXXIII The Tower Heights access road will result in the removal of 22 trees, including a mix of eight poplar, boxelder, locust, spruce ' and maple which are ten inches or less in diameter. The largest trees are a 30" oak, and a 30" basswood and one 26 oak. The rest ' is ' I.XIX Van Doeren testified that based on a projected hypothetical increase in vehicles of 300 per day, the sound level would increase by 1.3 (db) decibels. He testified on cross examination that a 1.3 , (db) decibel increase would not be noticeable to the average individual. He stated, further, that a 2-3 (db) decibel increase is , noticeable to the human ear. ' LXX Defendant's traffic expert, Dennis Eyler, testified that the ' proposed project would call for an additional 64 cars per day along Pleasant View Road to the east and an additional 208 cars on the ' _ one block stretch of Pleasant view Road to County 17 to the west of the Nez Perce- Pleasant view Road intersection. LXXI Traffic engineer, James Benshoof, testified that he did not have a n opinion as to the amount of additional traffic that would ' result from the proposed project. ' LXXII The Nez Perce Drive extension itself will result in the , removal of two apple trees and some nursery stock recently planted ' by B eddor. LXXIII The Tower Heights access road will result in the removal of 22 trees, including a mix of eight poplar, boxelder, locust, spruce ' and maple which are ten inches or less in diameter. The largest trees are a 30" oak, and a 30" basswood and one 26 oak. The rest ' is ' I - I *- - are a mixture of medium size oak, maple and ash. ' LXXZV None of the trees to be removed are rare, unique, endangered ' or different in size or species from other trees in the area. LXXV There is no evidence of any consequential impact on other natural resources, such as wildlife habitat, resulting from the tree removal. ' LXXVI The Tower Heights access essentially follows an existing drive%oay alignment. LXXVII ' The evidence does not establish that there is a likelihood that the proposed street project will materially adversely affect protectable natural resources. ' LXXVIII The Nez Perce Extension and realignment project has been an ' issue under consideration by the city of Chanhassen since 1989. ' LXXIX On or about July, 1992, the city of Chanhassen requested that a feasibility study be prepared by William Englehardt Associates, Inc. concerning alternative plans for the official mapping of an ' alignment of the Nez Perce Drive extension. ' LXXX Said feasibility study provided various alternatives ' considering costs, potential tree removal impacts, traffic 1 19 III H t T� bl,U1 1 6 tul -m5+ r.rt �ju I 1 9 Z i v1 .v V k-I r . 4c ' Beddor's property pursuant to the proposed plan was a legitimate exercise of the municipality's legislative function. , LXXXV ' The city of Chanhassen's decision to approve the extension of Nez Perce Drive and the realignment of Peaceful Lane was made after , a study of issues concerning the area including the possible increases and emergency safety issues. LXXXI , The record indicates that four alternative access plans were presented to the city council regarding the Nez Perce extension ' beginning in 1989. I,,XXx i i Road signage changes were made by the city in 1989 in response to concerns about tr affic. ' LXXXIII ' The city revisited traffic and safety issues regarding Pleasant view and Nez Perce again in 1990 and 1991 when it reviewed ' Beddor's Troendle Addition. ' LXXXIV The city of Chanhassen's decision to condemn Plaintiff ' Beddor's property pursuant to the proposed plan was a legitimate exercise of the municipality's legislative function. , LXXXV ' The city of Chanhassen's decision to approve the extension of Nez Perce Drive and the realignment of Peaceful Lane was made after , a study of issues concerning the area including the possible effects of increased traffic and traffic safety issues. As such, ' Plaintiffs have not established that Defendants acted arbitrarily ' and capriciously 'ciousl in mapping or approving the extension of Nez Perce Drive project. ' LXXXVI While Plaintiff Beddor raised factual issues to preclude , 20 1 I � summary judgment against plaintiffs on their claims, this Court ' finds that this lawsuit was not brought by Plaintiff Beddor_ for the protection of the environment. ' LXXXVII The attached memorandum is incorporated herein by reference. Based upon the foregoing Findings of Fact, the Court hereby makes the following: 9 ' CONCLUSIONS OF LAW 1. The proposed street project does not violate the ' Minnesota Environmental Rights Act, Minn. Stat. S116B.01 et seq The conduct of Defendants is not likely to cause the pollution, ' impairment, or destruction of natural resources located within the ' State. 2. In light of the fact that this project area will be ' developed, there is no feasible and prudent alternative to the proposed project. The project is consistent with and reasonably ' required for the promotion of the public health, safety and welfare ' in light of the States paramount concern for the protection of its air, water, land and other natural resources from pollution, ' impairment, or destruction. 3. The City did not violate Minn. Stat. 6116D.01 et sea in ' deciding not to prepare an Environmental Assessment Worksheet. ' 4. There is no legal basis for challenging the City's legislative planning decision relating to the proposed street ' project. 21 I� L ni ii .J LL summary judgment against plaintiffs on their claims, this Court ' finds that this lawsuit was not brought by Plaintiff Beddor_ for the protection of the environment. ' LXXXVII The attached memorandum is incorporated herein by reference. Based upon the foregoing Findings of Fact, the Court hereby makes the following: 9 ' CONCLUSIONS OF LAW 1. The proposed street project does not violate the ' Minnesota Environmental Rights Act, Minn. Stat. S116B.01 et seq The conduct of Defendants is not likely to cause the pollution, ' impairment, or destruction of natural resources located within the ' State. 2. In light of the fact that this project area will be ' developed, there is no feasible and prudent alternative to the proposed project. The project is consistent with and reasonably ' required for the promotion of the public health, safety and welfare ' in light of the States paramount concern for the protection of its air, water, land and other natural resources from pollution, ' impairment, or destruction. 3. The City did not violate Minn. Stat. 6116D.01 et sea in ' deciding not to prepare an Environmental Assessment Worksheet. ' 4. There is no legal basis for challenging the City's legislative planning decision relating to the proposed street ' project. 21 I� z r► J A 1-1 5. There is a rational basis for the City's decision to proceed with the proposed street project. ' 6. Plaintiffs are not entitled to any injunctive relief under Count III of the Amended Complaint. ' 7. Plaintiffs' Amended Complaint is dismissed in its entirety and with prejudice. ' 8. Defendants are awarded their costs and disbursements. ORDER FOR JUDGMENT ' LET JUDGMENT BE ENTERED ACCORDINGLY, AFTER A 14 DAY STAY. ' DATED: June - 3 1494 BY THE COURT: Honorable Rob . Gog s Judge of Dis riot Court ' JUDGMENT I hereby certify that the foregoing Findings of Fact, Conclusions of Law, order for Judgment constitute the Judgment. DATED: June , 1994 Court Administrator 22 7 I � I 1 I I L w �, • r 1 MEMORANDUM ' The trial in this matter concerned three specific counts as indicated in Plaintiffs' complaint and amended complaint. ' 1. Count 1: The Minnesota Environmental Rights Act, Minn. Stat. S116B.01, et. sea. ' Under MERA, Minn. Stat. 5116B.01, natural resources include "all mineral, animal, botanical, air, water, land, timber, soil, ' quietude, recreational and historical resources." Generally, the definitions of MERA are presumed to be broad and so construed. ' M.P I R G y. White Bear _Rod & Gun Club 257 N.W. 2d 762 (Minn. ' 1977). once it is established that certain conduct implicates a natural resource, Plaintiffs must show that the Defendants conduct has or is likely to cause the pollution, impairment or destruction of that resource. Stated simply, Plaintiffs have the burden of making a prima ' facie showing: , 1) that a protectable natural resource exists, and ' 2) that the Defendants conduct has or is likely to cause the pollution, impairment or destruction of that resource. ' County of Freeborp?_v. Bryson 210 N.W. 2d 290 (Minn. 1973). Once ' Plaintiffs have met this threshold, the Defendants may rebut by presenting evidence to the contrary or may assert an affirmative ' defense that no feasible or prudent alternative exists, or that its conduct is in the best interest. LL The Court notes that MERA is not to be construed to prohibit ' all human enterprise. State v, 19eisen, 415 N.W. 2d 326 (Minn. 1987) Its policy, is to protect natural resources from conduct that ' 23 CH11F'F :ELL , 1' NUT SON , SCOTT & FUCHS , P . R Jun 6,94 14:19 No.006 P.26 has caused or is likely to cause a material adverse effect on the environment. state ex rel. Wacouta Township v. Brunkow Hardwood Corn at on , 510 N.W. 2d 27 (Minn. App. 1993). The first issue before this Court is whether the City of Chanhassen's proposed road project calling for the extension of Nez Perce Drive and realignment of Peaceful Lane is likely to cause a material adverse effect on the environment. Based upon all the evidence presented, Plaintiffs' case, in every respect, fails the MERA analysis. Plaintiffs argued, first, that the protectable natural resources at issue herein included three areas; bodies of water, trees, and quietude. Secondly, that Defendant's road project is likely to cause the pollution, impairment or destruction of one or more of those three resources. MERA is modeled after the Michigan Environmental Protection Act §691.1202 -.1207 (199o). As a result, Minnesota Courts generally construe MERA in accordance with the construction placed upon the Michigan Act. , tat ex re Wacouta Township v _Brunkow Ha dwoo Cor or d o , 510 N.W. 2d 27 (Minn. App. 1993). Minnesota Courts have adopted the Michigan Four factor test from Portage v. K am zoo Cou t oad Comm ss'o 355 N.W. 2d 913 (1964) in determining whether an action's effect on a natural resource affects or is likely to affect the environment so as to justify judicial intervention. The factors are as follows: 1. Whether the natural resource involved is rare, unique, endangered, or has historical significance; 2. whether the resource is easily replaceable (for example, by replanting trees or restocking fish); 3, whether consequential proposed on other n tural y significant (for example, 24 r whether wildlife will be lost or if habitat is impaired or destroyed), and ' 4. whether the direct or consequenti -al impact on animals or vegetation will effect a critical number, considering the nature and location of the wildlife affected. ' St to ex. rel. Wacouta Township v. Brunkow gardwood Corporation 510 N.W. 2d 27 (Minn. App. 1993) citing Portage y Ralama_ ' County ' ad mmi s'on at 916. 1) PONDS This Court finds that the Beddor Lot 5 pond and the County Road 17 pond are not properly characterized as protected ,, wetlands." Plaintiffs, in this instance, do not get beyond the first prong of the MER-A analysis. Plaintiffs' expert Ronald P. Peterson presented testimony, uncontroverted by Defendants, that the Lot 5 pond is within a designated wetland area and is, ' therefore, a protected natural resource. As indicated in the Findings of Fact, the Court does not agree with that position. The ' Court notes that in 1992 Plaintiff Beddor obtained a grading permit for purposes of excavating out the Lot 5 pond, enlarging it to combine with a pond on Beddor's adjoining subdivision Troendle ' Addition. If, in fact, this pond were a protected wetland, it could not be altered. And consistent with the state's policy in ' protecting wetlands, it should not be altered. In 1992; Mr. Beddor did not treat this pond as a protected natural resource nor did the city recognize this pond as protected and, thus, allowed its ' alteration. Secondly, the ponds at issue are within the city's surface water management plan. They are, in fact, designated as National 1 25 CAPiF'BELL , I:h ON , SCOTT & FUCHS , P . A J � Jun 6,94 14:20 No.C)06 P.2S Urban Runoff Ponds. "NURP" ponds are specifically designed to remove any or as many pollutants as possible such,as nitrogen and phosphorus from storm water runoff which would eventually have an effect on the water quality of Christmas Lake and other surrounding lakes. These ponds are within the city of Chanhassen's comprehensive surface water management plan. The weight of the evidence does not support the finding that the ponds in question here are protected natural resources. As such, Plaintiffs have not met their burden under the MERA analysis with respect to this issue. In any event, if Plaintiffs had established that these ponds were protected wetlands, there has been no showing that the proposed project will cause or is likely to cause material pollution, impairment or destruction of that resource. County of Freeborn v. Bryson 210 N.W. 2d 290 (Minn. 1973). 2) CHRISTMAS LAKE Similarly, Plaintiffs claim that the proposed project will potentially cause considerable additional runoff to be collected and discharged into the Lot 5 pond which would eventually adversely affect the water quality of Christmas Lake. The Court notes that the issue of environmental impacts on Christmas Lake was not included in Plaintiffs' EAW petition, the initial complaint nor in the amended complaint. In any event, Plaintiffs claim as it applies to Christmas Lake fails. The City agrees that there will be some increase in the amount of runoff into the Beddor pond and the County Road 17 Pond I i 11 26 1 CPHFFELL I;NUTSON, SCOTT & FUCHS, P.A Jun 6,94 14:21 No.006 P.29 as a result of the construction of the proposed project. In ' assessing the credibility of plaintiffs' evidence there is no showing that the additional runoff will have an adverse impact on ' Christmas Lake. ' As indicated in the Findings of Fact, the Court finds the testimony of Plaintiffs' expert lymnologist, Richard Osgood, to be highly speculative and contradictory. The standard to be satisfied herein is that the proposed action is likely to cause a material adverse effect on the environment. Stat ex el Wacouta Township ' v. PrunYpw Hardwoo Cor or do , 510 N.W. 2d 27 (Minn. App. 1993). Plaintiffs' supporting evidence regarding this issue is, at best, ' contradictory and equivocal. Plaintiffs expert essentially recanted earlier testimony and changed his position midway through ' trial as to the total amount of phosphorous going into Christmas B. Trees ' Based upon the evidence presented, the Court has found that approximately 22 - to 32 trees are subject to removal, relocation ' and /or destruction by the proposed project. As stated in the Findings, it not clear as to the exact number of trees that are implicated herein. 27 Lake by more than SO %. Evidence presented in the testimony of defense witnesses, ' Cecelio Olivier and Steven McComas, was credible and persuasive as indicated in the Findings of Fact. This Court cannot find, given ' the evidence submitted by Plaintiffs, that the project will have a materially adverse effect on the water quality of Christmas Lake. B. Trees ' Based upon the evidence presented, the Court has found that approximately 22 - to 32 trees are subject to removal, relocation ' and /or destruction by the proposed project. As stated in the Findings, it not clear as to the exact number of trees that are implicated herein. 27 C APIF E�ELL , I:NUTS ON , SCOTT & FUCHS , P . A Jury 6,94 14 :21 No.006 P . 30 Y In Applying the Michigan four factor test fours din Portage .�e �v - K a l oo County Roa Co s§' on 355 N.W. 2d 913 (1984 )1, the Court , finds credible evidence that the trees implicated by this project are in n o wa y so unique or different in species, size, aesthetic or ' historical value such that their removal would materially impact ' the environment. Plaintiffs have not shown that the proposed project will ' materially impair or impact trees within the subject area pursuant to th e ap statutes and case law. See also, State of ' 'nn b Br ce Kasden I dE den Scho 1 Di tric No. 97 sot , innes ta , No. C7 -86 -1597 (Minn. App. 1989)• Moo�ke Plaintiffs acoustics expert, Richard Van Doeren, , C. Quietude testified that based on a projected increase in vehicles of 300 per day, the sound level would increase by 1.3 (db) decibels. He , testified on cross examination that a 1.3 (db) decibel increase , would not be noticeable to the average individual. Further, he stated that a 2 -3.0 (db) decibel increase is noticeable to the , Defendant's traffic expert, Dennis Eyler, testified that human ear. , q , 1 1. Whether the natural resource involved is rare, uniq endangered, or has historical, significance; is easily replaceable (for , 2. whether the resource by replanting trees or restocking fish); example, 3. whether the proposed action will have any significant (for consequential effect on other natural resources will be lost or if habitat is ' example, whether wildlife impaired or destroyed), and animals 4. whether the direct or consequential impact co idering effect a i ' or vegetation will the the nature and wildlife affected. to to e e el. Wa outa Townshi v runk w Ha dwoo Cor ora .o 1993) citing Portage v Kala azoo Count , 510 N.W. 2d 27 (Minn. App. R oad C at 915. C AIIF - DELL , SCOTT & FUCHS , P . A Jun 6,94 14:22 No.006 P.31 the proposed project would call for an additional 64 cars per day ' going east and westerly, east of the connection of Nez Perce to Pleasant View Road. Additionally, the project would call for an ' additional 208 cars on the one block stretch of Pleasant View Road ' to County 17 to the west of the Nez Perce - Pleasant View Road intersection. ' Plaintiffs' traffic engineer expert, James Benshoof, admitted that he did not have an opinion as to the amount of additional ' traffic which would result from the proposed project. Plaintiffs must show that the proposed project will materially pollute, impair or destroy the quietude of the surrounding area. The weight of the evidence does not show that the traffic level, in any event, will increase such as to materially cause the requisite adverse impact. Based upon the evidence presented, Plaintiff has not shown ' that the proposed project has or is likely to cause the pollution, impairment or destruction of the natural resources at issue herein. The Court acknowledges that,, eventually, the continuous industrialization and development of property adjacent to any natural resource will ultimately and inevitably have an affect ' thereon. The Court also recognizes that the Minnesota Environmental Protection Act seeks to protect legitimate and ' substantiated threats to the environment. They do not intend to preclude all human activity or enterprise such as to lead to absurd ' and unlikely results. Based upon all the evidence submitted and on all testimony adduced at trial, therefore, the Court is compelled to dismiss Plaintiff's claim as to Count I of Plaintiffs' 29 CH11F t ;ELL F feu 1 ;:LI I I Complaint. The Court notes that evidence presented by Plaintiffs has been , sufficiently rebutted by Defendants. Furthermore, in deciding the motion brought by defendants to dismiss plaintiffs claims in their , entirety after plaintiffs had rested, this Court did not make a determination of the credibility of plaintiffs' evidence. ' Plaintiffs argued that the Court in deciding the motion to dismiss after plaintiffs had rested must give credence to all evidence submitted by plaintiffs and not look to its credibility. ' Minnesota courts hold that , in ruling on a motion for a directed verdict, the Court must not weigh the credibility of a ' witness, except in extreme cases." LQvei0 v M - nneapo1is- oling power mplement Co. 79 N.W. 2d 688 (1956). That is, for purposes motion for a directed verdict, the Court is ' of testing a party's required to accept the credibility of opposing party's witness. 'Td. This rie ans that the party bringing the directed verdict motion ' admits the credibility of the opposing party's evidence and all reasonable inferences drawn from such evidence except in extraordinary situations. Paradise y Minneapolis 297 N.W. 2d 152 (Minn. 1980); H ro ert'es v. Nichols, 263 N.W. 2d 799 (Minn. el Jo n the Evangelist 29 N.W. 2d 817 , 197f); , F an .Parrish (Minn. 1948). ' This is the standard the Court used in denying defendants' motions for directed verdicts on all counts. ' once the credibility of plaintiffs' evidence is weighed, plaintiffs' claims fail. 30 ' CA I , IF'EEL Jun b,94 14 NO.Uft • Policy 2. Counts IX and III. Minnesota Environmental P y Act, Minn. Stat. 5116D.01 et. S cam. a. Environmental Assessment Worksheet The weight of the evidence presented does not indicate that the city acted arbitrarily and capriciously in deciding against an environmental assessment worksheet (EAW). First, it was determined i by the Environmental Quality Board (EQB) that the City of Chanhassen was the appropriate responsible governmental unit (RGU) to make a determination concerning the necessity of an EAW. Pursuant to Minn. R. 4410.1000, subd. 6: The RGU shall order the preparation of an EAW if the evidence presented by the Petiti. -hers, proposers, and other persons or otheivise known to the RGU demonstrates that because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The ' RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. The RGU shall maintain, i either as a separate document or contained within the records of the RGU, a record, including specific findings of fact, of its decision on the need for an EAW. As this Court has maintained,. procedurally, Defendants did not violate the regulations in not requiring an EAW regarding the Nez Perce extension. The type of project as that proposed in this case falls within the discretionary EAW category Minn. R. 4410.4500 gtL. s ea. and is, them.efore, distinctly different from the mandatory category under Minn. R 4410.4300. Within the discretionary classification, imposition of an EAW is permissive The rule states: a governmental unit with jurisdiction may order the preparation of an EAW for any project ... if the governmental unit determines that because of the nature or location of the proposed project the project may have the potential for 31 i CAI I:Idi_! SON , SCOTT & FUCHS, FIR Jun 6 , 94 14:24 No .006 F.34 .I J 1 ; significant environmental effects, and the project is not exempted pursuant to part 4410.4600. The Nee Perce Extension is not exempted pursuant to 4410.4600 nor does it qualify for a mandatory RAW. The main thrust of Plaintiffs' position is that the city considered only the costs of the RAW and failed to order an RAW ' contrary to the positions of city administrators. , First, it should be noted that Plaintiffs' petition for an EAW did not discuss the potential impacts on Christmas Lake or cumulative effects as to Town Line Road and, as such, implications with respect to th ose issues are not relevant to the discussion herein. , The city's evaluation and decision regarding whether an EAW is required will not be disturbed unless it is unreasonable, arbitrary , and capricious. See, Carl of nder & Sons o. t f innea o is, 486 N.W. 2d 804 (Minn. App. 1992); EVIAson v. City , Bloomington 421 N.W. 2d 307 (Minn. 1988); Chase y. City_ 401 N. W. 2d 408 (Minn. App. 1987). The members of Mi ne ol's, city planning staff believed, at one time, an RAW was the appropriate with respect to the proposed project. The record also ' supports the contention that a major concern for the city in implementing an EAW was financial in nature. However, it is also ' supported by the record that Defendants examined the necessity of EAW for the proposed project. Moreover, it is clear from the an that this project had actually been under consideration and record continually 11 scrutinized since 1989. At that time, the city staff 32 ' 1� ' examined 4 alternative access concepts for serving Vineland Forest and the surrounding area taking into consideration possible traffic increases and safety concerns. ' Based upon the record and the law to be applied, this Court finds that the city did not act arbitrarily and capriciously in ' denying the Petition for an EAW. earl Bola der & Sons Co. V. y Y 5 Cit of Minne fop 1i_s 4$8 N.W. 2d $04 (Minn. App. 1992) The city's Findings and Decision in response to the petition for an EAW ' concluded that petitioners failed to demonstrate that the proposed project had the potential for significant environmental impacts. ' to the city known Given the information k Y at the time, this Court ' will not disturb the city's ruling under these circumstances. ' b, M n i t e Ne Pe ce xte lion It is also alleged that the City did not review or study any ' p impacts of traffic, safety or other environmental ' considerations when approving the Vineland plat and that, therefore, the decision to officially map the proposed project was ' arbitrary and capricious. From the record, there is evidence indicating that since the 1989 approval., the Defendants have ' continually considered issues regarding traffic and safety within the subject area. There is evidence that four to five alternative plans for the road extension were reviewed. A consulting engineer ' for Defendants, William Engelhardt, stated in a report to the City Council dated October 5, 19931 "[The extension] does have a potential of introducing more traffic as a north /south connection, however, the net effect ' 33 r M •, r r, > > examined 4 alternative access concepts for serving Vineland Forest and the surrounding area taking into consideration possible traffic increases and safety concerns. ' Based upon the record and the law to be applied, this Court finds that the city did not act arbitrarily and capriciously in ' denying the Petition for an EAW. earl Bola der & Sons Co. V. y Y 5 Cit of Minne fop 1i_s 4$8 N.W. 2d $04 (Minn. App. 1992) The city's Findings and Decision in response to the petition for an EAW ' concluded that petitioners failed to demonstrate that the proposed project had the potential for significant environmental impacts. ' to the city known Given the information k Y at the time, this Court ' will not disturb the city's ruling under these circumstances. ' b, M n i t e Ne Pe ce xte lion It is also alleged that the City did not review or study any ' p impacts of traffic, safety or other environmental ' considerations when approving the Vineland plat and that, therefore, the decision to officially map the proposed project was ' arbitrary and capricious. From the record, there is evidence indicating that since the 1989 approval., the Defendants have ' continually considered issues regarding traffic and safety within the subject area. There is evidence that four to five alternative plans for the road extension were reviewed. A consulting engineer ' for Defendants, William Engelhardt, stated in a report to the City Council dated October 5, 19931 "[The extension] does have a potential of introducing more traffic as a north /south connection, however, the net effect ' 33 1 is minimal. Lake Luc Road provides the most diract route to Boulevard). Under this alternate the County Road 17 (Powers traffic flow pattern would remain... as a through street provides the best Nez Perce Drive ingress /egress to this area for emergency and /or public safety vehicles which have a limited access at this time." I As indicated in the analysis above, the city's evaluation and decision making process will not be disturbed unless it is ' unreasonable, arbitrary and capricious. See, Swanson v. City of t mi toter 421 N.W. 2d 307 (Minn. 1988); Chase v. City_ of ' mirineapoli.5 401 N. W. 2d 408 (Minn. App. 1987). ' Defendants argue two points. First, that the city did not "officially map" the proposed extension and, secondly, that their ' decision to proceed with the project is an exercise of legislative authority exclusive of judicial review. ' After hearing all the testimony and reviewing the record, the Court does not agree that the city did not "officially map" the proposed project. The time frame in which the proposed project was ' ratified was approximately December 1989 when the Vineland Plat was approved which called for the extension of Nez Perce. The project ' was approved, however not "officially mappedf by the city by virtue of the approval of the plat. on or about July, 1992, the city of Chanhassen requested that a feasibility study be prepared by ' William Englehardt Associates, Inc. concerning alternative plans for the "official mapping" of an alignment of the Nez Perce Drive ' extension. Said feasibility study provided various alternatives ' considering cos ts , potential tree removal impacts, traffic increases and emergency safety issues. The record indicates, further, that four alternative access 34 ' plans were presented to the city council regarding the Nez Perce extension beginning in 1989. Also, road signage changes were made 89 in res onse to concerns about traffic. The by the city in 19 P ' record shows, furthermore, that the city revisited traffic and safety issues regarding Pleasant View and Nez Perce again in 1990 ' and 1991 when it reviewed Beddor's Troendle Addition. The Defendants' decision to approve the proposed project and, ' subsequently, condemn Plaintiff Beddor's property was a well ' thought out and legitimate exercise of the municipality's legislative function. 1 The Court finds that the city of Chanhassen's decision to approve the extension of Nez Perce Drive and the realignment of ' Peaceful Lane was made after a study of issues affecting the area ' including the possible effects of increased traffic and traffic safety issues. The defendants did not act arbitrarily and ' capriciously in mapping or approving the extension of Nez Perce ' Drive project. Clearly, Defendants did not proceed with the Nez Perce ' Extension without investigation or study into impacts regarding traffic, safety or environment at the time of the plat approval. Plaintiffs would have this Court believe that Defendants were wholly unaware of the implications of this project and the local ' concern over its implementation and that the city proceeded regardless. The record.is replete with examples of the city ' council's concern over this project. The Court finds th e decision ' of the city to be rationally related to a legitimate purpose and 35 A plans were presented to the city council regarding the Nez Perce extension beginning in 1989. Also, road signage changes were made 89 in res onse to concerns about traffic. The by the city in 19 P ' record shows, furthermore, that the city revisited traffic and safety issues regarding Pleasant View and Nez Perce again in 1990 ' and 1991 when it reviewed Beddor's Troendle Addition. The Defendants' decision to approve the proposed project and, ' subsequently, condemn Plaintiff Beddor's property was a well ' thought out and legitimate exercise of the municipality's legislative function. 1 The Court finds that the city of Chanhassen's decision to approve the extension of Nez Perce Drive and the realignment of ' Peaceful Lane was made after a study of issues affecting the area ' including the possible effects of increased traffic and traffic safety issues. The defendants did not act arbitrarily and ' capriciously in mapping or approving the extension of Nez Perce ' Drive project. Clearly, Defendants did not proceed with the Nez Perce ' Extension without investigation or study into impacts regarding traffic, safety or environment at the time of the plat approval. Plaintiffs would have this Court believe that Defendants were wholly unaware of the implications of this project and the local ' concern over its implementation and that the city proceeded regardless. The record.is replete with examples of the city ' council's concern over this project. The Court finds th e decision ' of the city to be rationally related to a legitimate purpose and 35 CAI 111UTSON, SCOTT & FUCHS, P.A Jun 6,94 14:26 No.006 P.78 that it was not arbitrary and capricious in any respect. In Bengston v village of Marine on St. Croix 310 Minn. 508, ' 246 N.W.2d 582, $85 (1976), the Court again citing Fohl v. Common ' Council, sup ra held that: ' su ra Determinations of when and how highway should be ' constructed, improved, or repaired are in essence a legislative function, in the absence of some duty imposed by statute or otherwise, these determinations must be left largely to the judgment and discretion of the ' officers who are charged with making them., CONCLUSION ' It is clear to the Court that Plaintiff Beddor's purposes in , filing this lawsuit had little to do with the legitimate public policies of the environmental protection statutes. The Court ' acknowledges that, initially, this matter presented legitimate issues of fact. However, as this case has proceeded, it is more ' obvious to the Court that ulterior motives were and are at the core ' of this lawsuit. Plaintiff aeddor and his representatives had taken a position ' in favor of this street project on more than one occasion. However, with the development of the Tower Heights property ' Beddor's position changed. He wrote to the former owner of the Tower Heights property indicating "it's in my best interest to do everything I can to discourage his plat." This was in reference to ' the development of the Tower Heights property. With his opposition to the street project came allegations ' that the development with the Nez Perce street project would result in pollution of Christmas Lake. Beddor's own expert indicated that Beddor's Troendle Addition has resulted in phosphorous entering 36 CA[IFEEL •S r .. r. Christmas Lake in an amount similar in ualit and quantity to the q Y q Y ' runoff from the Nez Perce street project and development. This Court is of the opinion no sanctions can be imposed because there were factual issues raised by plaintiffs precluding ' summary judgment. Thuma V. Kroschel 506 1T.W.2d 14.21 (Minn. App. 1993), quoting from yse1nan v. Uselman 464 N.W.2d 130, 144 (Minn ' 1990). If that were not the case, sanctions would be appropriate in the opinion of the Court. ' In conclusion, the City of Chanhassen has acted responsibly ' and with a concern for its citizens, all affected persons, and the environment. Plaintiffs claims should be dismissed in their ' entirety. RJG 1 � I � I 6TH DISTRICT, MINNESOTA COMMITTEE ON BANKING, FINANCE AND URBAN AFFAIRS SUBCOMMITTEES: HOUSING AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS SUPERVISION. REGULATION AND INSURANCE CONSUMER CREDIT AND INSURANCE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY SUBCOMMITTEES: ENERGY TECHNOLOGY, ENVIRONMENT 4NG AVIATION May 10, 1994 L Congrr5z of Or Nniteb *tate!6 wouge of Rrpregentatibe!5 Wa5bington, BC 20515 -2306 Mr. Charles Folch City Engineer City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 -0147 Dear Mr. Folch: 1713 LONGWORTH BUILDING WASHINGTON, DC 20515 -2306 (2021 225 -2271 DISTRICT OFFICE: 2013 SECOND AVENUE NORTH AND. A. MN 55303 J6121427-5921 TASK FORCES ON AGRICULTURE, BUDGET REFORM, CRIME AND SMALL BUSINESS Kno of your interest in transportation issues, I thought you wouid be interested in recent Congressional action. The winter of 1994 won't soon be forgotten -- especially by Minnesotans. Nowhere is the harshness of this winter more evident than on Minnesota's roads. The constant freezing and thawing have done enormous damage by creating potholes and other hazards to motorists. Over the past few months, I have received inquiries as to what Congress can do to assist states which were hardest hit by the extremely cold weather. In response, I have cosponsored legislation (H.R. 3926) which would authorize $98 million to states for road repairs to combat this problem. Essentially, this bill would provide federal funds to the twenty -one hardest hit states, including Minnesota, to alleviate potholes and for emergency road resurfacing. Fifty percent of Minnesota's $5.9 million allocation would be diverted to repair county and local roads. These emergency funds would remain available until the funds are expired or until the end of the fiscal year. Instead of adding to the federal budget deficit to pay for these road improvements, this bill includes a fifteen percent cut in the government's travel budget. I appreciate your interest and value your expertise with transportation issues. Please feel free to contact me in the future with your concerns. Sincerel E �3 :cE` od Grams f�' H`(� :9 1994 Member of Congress RG:mks PRINTED ON RECYCLED PAPER "4a6 S 1 � EPTA :p dE� ILI Office of Administration R [ E ! '1 4 " D Independent School District 112 ' n 1 y l 110600 Village Road �F - � � ` P �g . Chaska, Minnesota 55318 612/368 -3620 CII 10 r L.rtl"4ri/ V E School ' District ' ate: May 11, 1994 To: Participants in the March 2, 1994 NAPE Training ' Purpose: Establish New Business/Education Partnerships From: Jeanne Straus, Community Resource Coordinator Betsy Bralts, Research & Development ' Re: Current Status of New Business/Education Partnerships On behalf of die District 112 Foundation, we would like to thank you for your participation in the March 2, 1994 NAPE (National Association for Partners in Education)Training. Fourteen different businesses attended. Thirty eight District 112 staff members attended. Approximately 25 different partnerships between businesses and schools were entered into on March 2. ' We thought you would like to know what partnerships were formed and the names of individuals serving on each partnership. Enclosed find 1) List of the business /education partnerships, including team members. ' 2) Summary of the proposed partnerships (taken from information on flip chart papers at the training.) ' Please review our summarized version of your business /education partnership. Let us know of any corrections or additions. In order to make a ro ress report to the District 112 Foundation, sponsor of P g P P the NAPE Training, we need your assistance. Please take a few minutes and ' summarize briefly the progress made by your group since March 2. Feel free to share an update by phone or in writing, whichever is most convenient to ' you. Betsy and I are officed at the Early Childhood Center, 110600 Village Road. You may reach Betsy by phone at 368 -3606. My phone number is ' 368 -3686. Feel free to leave a message on our voice mail at your earliest convenience. ' We look forward to hearing from you and sharing your success story with the Serving �t�e 1 2 unRe n ol a eas ern Carver County through equal opportunity in employment and education. Business/Education Partnerships from March 2,1994 NAPE Training 1. Carver County Environmental Services Michael Ludvik CCES Larry Bachman CMS Dennis Baldus CMS Heidi Howard CMS 2. Target Stores - Chanhassen Kim Murray Helen Merchant Joy Wilson Jan Andrus Jane Johnson Cindy Patterson 3 n Ridgeview Medical Center Pat Michaelson Dr. Rob Welch Kathy Zevnick Gwen Valient Jane Steck Bruce Edwards Dave Orlowsky Sprint/United Telephone Victoria Thomas Adrienne Carrica Lisa Hopkins Barb Hanson Lynn Cecchini 5. City of Victoria Miriam Porter Shirley Karls Mike Werner Target Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele Ridgeview Medical Center Ridgeview Medical Center Jonathan Ele Jonathan Ele Jonathan Ele Jonathan Ele CHS Sprint/United Telephone East Union East Union East Union East Union City of Victoria City of Victoria CHS I b. IDS Oak Ridge Cor Pat McCarthy Darlene Wilde Cindy Patterson Helen Merchant Joy Wilson Jan Andrus Jane Johnson iference Center IDS IDS Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele 7. Chanhassen Dinner Theatre Penny Pollack Mike Flores Ethel Nelson Jan Lash Nancy Kracke 8. Burnet Realty Sue Born Ron Van Riper Cathy Gallagher Joan Schultz Pat Carlson Kyle Kubitz Chanhassen Dinner Theatre CHS ECC ECC District Offices Burnet Realty Burnet Realty Chaska Ele Chaska Ele Chaska Ele Chaska Ele 9. Chaska Chamber of Commerce Mark Rausch Chaska Chamber of Commerce Cheryl Nelson CHS Michael Kraus Glacier Sportswear 10. University of St. Thomas Miki Dzugan Jolyn Eiden Mary Barrett University of St. Thomas University of St. Thomas Alternative School 11. Spuhl Anderson Machines Marlin Schulte Spuhl Anderson Machines Mary Barrett Alternative School 12. United MailingNictory Envelope Gene Grace United Mailing Dick Ewert Jonathan Ele Diane Strandberg Jonathan Ele 13. City of Chanhassen Todd Gerhardt Helen Merchant Joy Wilson Jan Andrus Jane Johnson Cindy Patterson City of Chanhassen Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele Chanhassen Ele L 14. Nicklaus Law Firm Robert Nicklaus Nicklaus Law Firm , Jeanne Straus Community Ed LI J � I l CHANHASSEN ELEMENTARY AND BUSINESSES GOAL: Career Awareness OBJECTIVE- Organize Career Awareness Week A. There will be one career person per classroom /choices available to students within grade level. B. Career shadowing opportunities will be available to students. C. Career speakers will make presentations by grade levels, stating expectations of future employees. 1 =� CHANHASSEN ELEMENTARY AND BUSINESSES GOAL: Environmental Awareness OBJECTIVE: A. Chan Student Council will present a recycling program at the Oakridge Conference Center. B. Chan Elementary will "adopt a park" through the City of Chanhassen. C. Target will look into supplying "Kids for Saving Earth" info. D. Students will create displays, recycling containers and posters for the community by April 30th. E. Arbor Day Tree Planting in Community. 1 CARVER COUNTY ENVIRONMENTAL SERVICES AND CHASKA MIDDLE SCHOOL PARTNERSHIP GOAL: Develop a relationship between environmental services and schools that will lead to increased environmental awareness and community involvement. OBJECTIVES: 1) By May 30th, 1994: a. Create an interdisciplinary unit on environmental awareness. b. Field trip... landfill, waste treatment center, or...? c. Dump cleanup or adopt -a -river cleanup 2) By beginning of 94 -95 school year a. Have in place an environmental club at CMS b. Have in place a pool of parent volunteers and other experts (concerned environmentalists) 2 EAST UNION AND SPRINT /UNITED GOAL: Develop awareness of staff, parents, students and community of the need for technology literacy. OBJECTIVES: 1. Meet with school staff a. Meeting to take place by May 31, 1994 b. Staff will produce and prioritize a list of opportunities to use the computer lab in daily instruction. ' 2. Meet with P arents a. Will hold focus group with parents by May 31 1 t 3 3 CHASKA HIGH SCHOOL, MIDDLE SCHOOL & CHASKA CHAMBER OF COMMERCE GOAL: Recognize mainstream students in the Chaska area to introduce them to the world of work. OBJECTIVES: I. Starting April 11, 1994, on the second Monday of each month from 11:30 am- 1:00 pm, two students and a teacher representing the Chaska area will attend the Chamber General Meeting. Z. Through observation and discussion, students will learn about the various businesses, employment skills and career opportunities available to them. i 4 CHASKA ELEMENTARY /BURNET REALTY GOAL: To increase students exposure /options /experiences to career /life opportunities OBJECTIVES: A. Put together a mentor directory to be used with 5th graders at CES during the 1994 -95 school year. B. 5th graders research careers. C. Job shadow a career choice. D. Develop individual presentations of what was learned. 5th graders share their experiences with 4th graders at CES. 5 Jonthan Elementary 4th grade - ST. THOMAS GOAL: I. Students exposure to careers and application of basic skills within job settings. OBJECTIVES: I. Survey children's parents' employers. 2. Set up a career awareness day. 3. Student visitations to a job setting. 4. Tenants within University of St. Thomas as resource. 5. Junior Achievement program. Ridgeview Medical Center S. Jonathan Elementary 3rd Grades HEALTH CURRICULUM ENRICHMENT � I Nutrition Drug Use 8: Diseases Mental, Emotional, Abuse and Social Health "SHARI BANANA" will visit Dear Shari Banana, Thank you for visiting our classroom. I learned that all people have fat. I discovered that a McDonald's hamburger has lots of fat. I relearned that fat is important. I hope you come again. Thank you, Suzy Bell 9 CHANHASSEN DINNER THEATREIDISTRICT 112 GOAL: Build /enhance a lifelong appreciation of theater. OBJECTIVES: • By April 30, 1994, hold a work session with CMS, ECC, Elementary Schools and CHS staff to discuss ways to incorporate theater experiences into classrooms • Offer training/ coaching workshop on using the tools of theater to deliver instruction at back to school workshop - August, 1994. 7 -! I UNIVERSITY OF ST. THOMAS AND CHS JOURNALISM CLASS OBJECTIVES: I. Contact with Mentors: a. Students will produce a magazine with help from mentors by Dec. 15, 1994 2. Students will be exposed to business world: a. Students will write articles that reflect their experiences with the business world by Nov. 15, 1994. E. UNITED MAILING INC. & JONATHAN ELEMENTARY ' GOAL: Transfer information and skill by making use of available business /education ' resources. OBJECTIVES: ' 1. Awareness of the school /business partnership by staff (JES & UMI), parents, community and students by June, 1994. ES Staff = • a portion of one staff meeting will be spent discussing school /business ' partnerships. • short message in bulletin. ' Parents = • information on school /business partnerships in Jonathan Journal, Meetings with PTO, Site Council Community = • Information - local papers ' Students = • Develop awareness of partnerships by July 1 JONATHAN and RIDGEVIEW ' 6th Graders MEDICAL CENTER GOAL: ' To increase 6th graders knowledge of math application in a real world setting. OBJECTIVES: ' THIS YEAR Setting u a time /date to have a Ridgeview staff member P g come and speak to math classes about how he /she uses math ' skills in his /her job. NEXT YEAR • Organizing an outline of math units and appropriate times ' throughout the year to have Ridgeview staff members come and speak to math classes. ' f Plan a field trip to Ridgeview for the end of 94 -95 school year to observe math in action. 9 l CITY OF VICTORIA GOAL 1: To enhance general office resources using a mentorship program for high school students who will learn about city government and share their classroom skills on the job, ultimately adding to the quality of service to the community. OBJECTIVES: 1. Target juniors and seniors. 2. Involve Shirley Karls, City Administrative Assistant and appropriate high school staff. 3. Establish by fall of 1994 - coming out to City facilities on a consistent basis thru- out the school year with the possibility of summer employment. 4. Exit interviews used to evaluate the student's experience. 5. Establish written agreement and set forth conditions. G OAL 2 To compile, create, compose, produce public information pieces for the City giving high school students the opportunity to apply their learned skills in a creative manner of communications and technology simultaneously learning about the operations of City Government. OBJECTIVES: 1. Involve juniors and seniors. 2. Involve Shirley and appropriate high school staff. 3. Public phone survey and exit interviews. 4. Fall 1994. 5. Establish a written agreement - set forth conditions. I 10 CHASKA HIGH SCHOOL & RIDGEVIEW MEDICAL CENTER GOAL: Create "units" of math applications used in a health care organization (case studies) OBJECTIVES: 1a. Dave generate broad list of curriculum topics within math department and send to Rob by 3/15. lb. Rob to establish department contacts and obtain committment for time and participation by 3/18. 2. Rob to distribute list of contacts by 3/23 3. Dave and Rob to complete a walkthrough by 3/30 • brainstorm with department contacts • generate list of options • prioritize within each department - including availability 4. Identify master list of applications (Dave /Rob by 4/15) 5. Create /case study (role play, site visits, etc.) and present to class by 5/15. Dave and department contact. 6. Assess 1st presentation ... plan improvements. 7. Create '94 -95 calendar - DB:R by 611 11 r RIDGEVIEW MEDICAL CENTER & JONATHAN 6TH GRADE GOALS: 1. Increase sixth graders interest in problem solving through business/ ' community partnership. 2. Increase sixth graders knowledge of math application in a real world setting. ' OBJECTIVES: ' 1993 -94 school gear: Goal 1 - a. By March 30th have a time /date set up for a Ridgeview staff member to , come and speak to my Math class about how he /she uses problem solving skills in his /her job (send problem solving methods). Students will demonstrate a knowledge of how to problem solve by effectively role playing ' solving a problem presented by the staff person. These role playing scenes will be videotaped and then self - evaluated. Goal 2 - , a. By March 30th have a time /date set up for a Ridgeview staff member to ii come and speak to my Advanced class about how he /she uses specific math ' skills in his /her job. Students will demonstrate a 50% increase in knowledge of math skills used in real world setting through pre and post survey of knowledge. , Next Year: Coal: Math units - when appropriate connection ' a. By September 30th have an outline of math units and appropriate times organized to have Ridgeview staff members come and speak to my regular and advanced math classes during 94 -95 school year about how they use the specific ' math skills of that unit in their jobs. Students will demonstrate their knowledge by writing a one page paper describing 3 ways they may use that math skill in a real world situation based on the presentation they saw. ' (Portfolio of papers to evaluate at end of year - also at conferences) Goal: End of year - tour , b. By September 30th have a field trip planned for the end of the 1994 -95 school year to Ridgeview Medical Center to observe how math skills are being utilized ' and implemented in a variety of areas of this hospital. Students will demonstrate knowledge by drawing (quilt /collage) at least 2 departments in which they observed math skills being used , 11 I ) RIDGEVIEW MEDICAL CENTER & LOIS FISKNESS GOAL: To enrich the third grade health curriculum through cooperation with the ' Ridgeview Medical Center. OBJECTIVES: ' 1. a. Enrichment programs and activities will be provided by Ridgeview Medical Center in the areas of nutrition; drug use and abuse; diseases; and mental, ' emotional, and social health. b. Beginning with the 1994 -95 school year. To evaluate learning, the students ' will write thank you letters to Ridgeview Medical Center, showing knowledge gained. ' 2. a. In April 1994, a nutrition activity will be presented to the students by Ridgeview Medical Center. The students will create a booklet to demonstrate their learning. 1 3 - 1 I EMERGENCY: 911 ALLEN J. WALLIN Carver County Sheriff May 3,1994 COUNTY OF CARVER Todd Gerhardt 690 Coulter Drive Chanhassen, MN 55317 Dear Todd: OFFICE OF THE SHERIFF CARVER COUNTY 600 EAST 4TH STREET, BOX 9 CHASKA, MINNESOTA 55318 -2190 SHERIFF ADMIN.: (612) 361 -1212 DISPATCH NON EMERERGENCY: (612) 361 -1231 TOLL FREE: 1- 800 -487 -5730 Thank you for your attendance at Wednesday's Kick -Off breakfast for the Carver County Youth Entrepreneurship Venture. As we indicated many times at the meeting, your support as a community leader is so important in making this venture successful, and we appreciate you taking time from your busy schedule to participate. During the next month, Jared, David, and the other members of the Entrepreneurship class will be studying our local market and compiling a summary of your visions of success. At our next meeting, the students will present their findings to the Community Based Development Council, and based on what they learned, would like to brainstorm with you about possible business opportunities. We hope you will be able to attend the next two meetings of the council, which will be held on May 25 and June 29 from 7:30 -8:30 a.m. at Maxa's Par 30 Restaurant. Sincerely, Allen Wallin Carver County Sheriff Jim Hinck Director, Carver /Scott Educational Cooperative dcb r Affirmative Action/Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10% Post Consumer Waste CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM T0: Dan Remer, Engineering Technician FROM: Charles Folch, City Engineer/Director of Public Works DATE: May 20, 1994 SUBJ: Letter of Commendation I was contacted the other day by an incoming resident to the Chanhassen area, specifically the Ithilien subdivision. This woman felt it was important that I be notified of how pleased she was with your helpfulness and courteous service in answering questions and providing information on her prospective property. It is obvious that your extra efforts inspired this woman to take the time commend you. I too commend your efforts. Keep up the good work. Jms c: Don Ashworth, City Manager Personnel File City Council Administrative Packet (6/13/94) g 3en&harles\m em osldan N " Q �6., Sep= F' 4 SHAKOPEE May 12, 1994 Don Chmiel, Mayor City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 -0147 RE: Notice Summary for Wetland Conservation Act Dear Mayor Chmiel: Please find enclosed a notice summary sent to the EQB Monitor and the Shakopee Valley News for the wetland replacement plan submitted by Mr. Clarence Van Zee for the proposed Eagle Creek Bluff Development. This notice is being sent to you as required by the permanent rules of the Wetland Conservation Act. If you have any questions on this notice, please feel free to call me at Shakopee City Hall at (612) 445 -3650. Sincerely, David E. Hutton Public Works Director City of Shakopee DEH/pmp WETLAND COM UNTIY PRIDE SINCE 1857 129 Holmes Street South - Shakopee, Minnesota • 55379 -1351 • 612 -445 -3650 • FAX 612 -445 -6718 WETLAND CONSERVATION ACT EQB MONITOR NOTICE For Project Application Local Government Unit (LGU): CITY OF SHAKOPEE LGU Official: DAVID E. HUTTON Address: 129 SOUTH HOLMES STREET City: SHAKOPEE, MN 55379 Telephone Number: (612) 445 -3650 Date: May 12, 1994 PROJECT DESCRIPTION Applicant Name: Mr. Clarence Van Zee Project Location: T 115N R22W Sect. 13 SE1 /4 & NEIA County: Scott Watershed Name: Lower Minnesota Watershed District Description of Activity The purpose of this project is to provide (32) single family residential lots to meet the continuing demand for additional housing in the Twin Cities suburbs. The proposed alternative involves .15 acres of wetland fill in a old drainage ditch that has become a wetland due to poor maintenance and erosion caused by livestock. The proposed fill area is primarily Type IV PF01A (Palustrine Forested Broad Leaved Deciduous Temporarily Flooded) and is part of a larger wetland that will remain and is a PENT (Palustrine Emergent Semi Permanently Flooded). The fill area proposed is west of an old field driveway which caused this wetland basin to have two distinct characteristics. The proposed replacement will be on site at a 2 to 1 ratio and shall be principally in kind. A copy of the complete application can be viewed at the LGU office listed above. Persons interested in receiving mailed notice of each project within the jurisdiction of the above mentioned LGU can be put on a mailing list by contacting the LGU at the address listed above. Comments on the proposed wetland replacement can be sent to the City of Shakopee at the address listed above. The comment deadline is June 22, 1994, which is thirty days after publication in the EQB Monitor which is scheduled to be published on May 23, 1994. Authorized LGU Official Date rviay 6, 1994 Scott Harr Public Safety Director ' City of Chanhassen 690 Coulter Drive P.O. Box 147 ' Chan] TAN 55317 Dear ' of Due to increased professional obligations, it is necessary for me to offer my resignation from the Public Safety Co1 1 I appreciate the confidence that you, the Mayor, and the City Council placed in n �e. I'm sure I received more in terms of personal satisfaction than I have been able to contribute. Nevertheless, I have valued my association with ' all the Commissioners and yourself and I have appreciated the opportunity to provide something back to the community. Sincerely, l e Jo nson ' RECEIVED MA Y 10199 ��Stit pelt I �- 1 1411, C ITY OF e e 0�" CHANHA 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager Karen Engelhardt, Office Manager FROM: Charles Folch, City Engineer DATE: May 20, 1994 SUBJ: Notice of Hiring for Public Works Secretary Position PW202A I am pleased to announce that Nikki Dummer has been offered and has accepted the position of Public Works Secretary. Nikki was clearly the best overall candidate applying for the position. I am anticipating a start date of Monday, June 13, 1994. There is no change in pay compensation grade level for Nikki; therefore, as per City Personnel Policy her rate of pay will remain the same. Please let me know if any of you need additional assistance with the transitioning of this position transfer. ems g \eng \charles\memos \pwsec CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Mayor and City Council Public Safety Commission Don Ashworth, City Manager FROM: Scott Harr, Public Safety Director Gk) DATE: May 24, 1994 SUBJ: Traffic Safety Program With thanks to the Chanhassen City Council for the commitment of funds to establish the new traffic safety enforcement program, I would like you to know it is up and running... and getting very positive reviews. Attached please find the recent Villager newspaper article, along with a wonderful piece written by Pastor Nate Castens. I am running two six hour enforcement shifts per week, and I would like to invite any of you to schedule a ride -along at your convenience if you would like. If interested, please contact me and I will make the arrangements. THANKS to the City Council for endorsing Councilman Wing's recommendation for this program, as it is definitely meeting our objectives in a way that the community has been very positive about gAs a fet y\sh\,tra fsa fen em 1 CHANHASSEN PUBLIC SAFETY Officer Bob Zydowsky checks with a motorist going more than the speed limit. The motorist got by with a warning, but Chanhassen is cracking down on speeds with warn- ings, tickets and education. (Staff photo by Dean Trippler) Education, warning or ticket? Chanhassen By Dean Trippler It's a sunny, spring Friday. The dandelions are blooming. People are out walking on Chanhassen's trails. And Public Safety Officer Bob Zydowsky is on the lookout for speeders. Through some extra city money dedicated to in- creased traffic enforcement, the Chanhassen Public Safety Department is focusing on areas of Chan where complaints have come regarding excessive speeds. A presence is being established in certain neighbor- hoods, and the radar gun is seeking out those in viola- tion of the law. Coupled with that is stepped up enforcement in con- junction with the Eden Prairie Police Department and the State Patrol on Highway 169/212, the site of some of the area's worst traffic accidents. In one day while patrolling 169/212, the task force of various agencies on those who speed made 74 stops for speed, DWI, driving after suspen- sion and other violations. The purpose for targeting Highway 169/212 is to get the speeds down. Through literature handed out at each traffic stop, the intent has been also to educate people rather than get them angry. And from this harder look at motorists' speeds, there will be some tickets issued. But the Public Safety Department's philosophy has always been on educa- tion. Chanhassen has a lot of young children, Zydowsky said, and all are put in danger from those a little too heavy on the gas pedal. So, besides 169/212, the city is focusing on the main roadways where speeding is common. Pioneer Trail, SPEED to page 7 Lake Lucy Road, Kerber Boulevard, Powers Boulevard, Bluff Creek Road and downtown are a few of the areas of concern. Using radar, Zydowsky, within an hour and a half stretch last Friday, pulled over four people and issued one ticket and three warnings. Each speeder walked away with a lesson. "It's different for every person," Zydowsky said of issuing tickets and warnings. "You've got officers out there who will stop people at five over the limit and write them a ticket. You've got officers who will stop people at 10 over and write them a warning," he said. Technically, if you're going 31 in a 30 mph zone, you're speeding, he said, but it's up to the officer's dis- cretion on when to pull you over and when to issue a ticket or a warning. "It all depends, too, on the attitude of the person who is stopped," Zydowsky said. "My feeling is if I go up to the window and I say, `Can I see your license and do you have any idea why I stopped your and they right away say, `Yep, I know I was speeding. I was going 46 and the speed limit is 30,' I guess I appreci- ate their honesty. They realize that they have done something wrong and for me to come back and write them a ticket then, I certainly could, but I'd rather give them a verbal warning and say, `I appreciate your honesty and slow down. "' But the main thing is to get people to realize that excessive speed is not being tolerated in Chanhassen. "People know that their speed- ing," Zydowsky said. "My goal is, when I give them a ticket, for them to say,` Thank you and have a nice day.' But you'll have those times where people are just not going to be happy." � N / r r ^ c 1 - i � � c N o I - V I • c - - , n W C > a 1 � � v. u • l = x c� C E F-- 0 C y� I t r c F c f (A wzruit5 Kccdcc) Have you been pulled Over' by the Police lately? Of course you have and unless someone else was I. car, you're just not admit- ting it! Hondas aft.zrnocn jury Cuty, no !cs r.) woa erula- ing along carver county 1B, crested the hill at the same time as the sheriff's de whc wos heading toward me, and I "no, mediately chat I was about to spend some time in the penalty box. I watched in my mirror, in fascinated dismav, as he careful- ly did a U -turn, slowly pulled up behind me, 'nc turned on those lovely flash:n, lcchts. "well, Nathan," he said a;cer looking at my license, do you know why I pulIeOd you ovcC Right away I ficured wasn't to talk about the Tw'_ns or the in- terpretation of 1 Corinthians. 4e then discussed my speed, ;,v Jestination, and my residence. He' :hecked me o•:t on his computer , hile - nC:',..ed t0 al! th, people lrlVing b, d.'td -a , ing 40 ticketi st, "' ^'e're in an :han :edu hact:o^ pregra-, -ith ;hanhzssen P.;,!:c Safcty, and ,. lust ask you to dr_ .e w:th:^ the 1m_C. - lell, a'_! cht' -:e no problem 'ou bet; that s net too m to sk. Of cc. se. . ce :e :rl d , a , e been cc-n,3 1 had mown d c.cct ..im on i,li 'hat if God pui e ycu o:cr tp- orrow to tz_i about vcu: specd,? estina on, c fut•.:re :esidence e could check out on his omputer, too -- V past offenses tc. M'culd he S:ve You a ticke ?next ,ace fc, .he moral....) ��� T�UI��•• r A �I "Qir In. «.Ilon ,.III M �I..n bl 0.r.. 6..1tr .nd Rod .ho ,. Ali bl..y wl'i.IMr; 'God,'.nd .11 II.. TM., t from page one....) a warning, or a pair of wing_. Here's an idea. This Sunday m slow down, turn in where it sa s "Family of Christ," and let's di cuss your speed and direction. Meanwhile, live and drive with care You never know what you'll see a: the crest of the next hill! God go with you (and keep his ha ' on your steer wheel)I NATE GENERAL FUND 6 BUILDING FUND Total combined: 4,253 Given to date: 89,566 Attendance 175 + 293 - 468 CL e Jr '' P, CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 Mr. James Unruh Barton- Aschman Associates, Inc. 111 3rd Avenue South Minneapolis, MN 55401 I Re: Grading of South Frontage Road in Association with the School Site Project No. 93 -26 ' Dear James: At the City Council's regular meeting on Monday, May 23, 1994, some discussion occurred ' regarding the soil correction and resulting tree loss that is now anticipated along a portion of the south frontage road alignment. The City Council formally requested that they have the opportunity to review the relandscaping plan for the tree removal area. At such time that a preliminary relandscaping plan is available, please let me know and I will schedule its submittal to the City Council. Thanks for your help. I gAeng \charles \letters\sfront May 24, 1994 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 r L Richard and Karen Seaberg 101 East Broadway Street Osseo, MN 55369 Dear Richard and Karen: Thank you for appearing at the City Council meeting regarding the issue of shooting boundaries within the City of Chanhassen. I thought you presented your positions extremely well, and we appreciated the insight you offered. I left the meeting with the understanding that the City Council voted to pass the ordinance as drafted, but directed me to exercise the discretionary authority contained within the ordinance to review alternatives regarding the possibility of a hunt on Mr. Gowen's property. I will be meeting with the local DNR conservation officer to review this, and if there is sufficient reason, I will schedule this for an upcoming Public Safety Commission meeting (although as I explained to you, it will not be in June because of the Public Safety Open House scheduled for that evening). I stand by my position that the area is close enough to residences, parks, the highway and school that extreme concern needs to be taken in considering whether any shooting or hunting should be allowed on the property, together with the fact that there are so many deer in the adjacent parklands that the results of a limited hunt could be minimal, but I do want to consider the information that you provided. Thank you for your input. S' rel c Scott Harr Public Safety Director cc: Chanhassen City Council Chanhassen Public Safety Commission Mr. Ben Gowen Steve Walter, D.N.R. Conservation Officer g:\safet y\sh\sea be rg. It r May 25, 1994 _ —, a 4 c, v - e vt Nja U fld sse W ..�Ctyl , ( c} 5 (' z 'a d� Oi V � + t lea, �- 11W Ail I uvjvuvvv May 24, 1994 B R W INC. Mr. Tim Jeske Manager Track and Structures Twin Cities and Western Railroad 2925 12th Street East Glencoe, MN 55336 Planning Transportation RE: TH 101 Realignment (North Leg) Engineering City of Chanhassen Project 88 -22B Urban Desi Thresher Square Dear Mr. Jeske: 700 Third Street So. Minneapolis, The City of Chanhassen is requesting your review and consideration of additional MN 55415 landscaping improvements within Twin Cities and Western (TC &W) right -of -way 612/370-0700 as a part of the above - referenced project. The City would like to install additional Fax 612/370 -1378 landscaping in the area of the recently installed railroad control boxes east of TH 101 and east of West 78th Street to provide some visual screening. Denver Milwaukee A copy of revised Plan Sheet 39 is attached for your information showing the Minneapolis Orlando proposed landscaping around the boxes. The landscaping includes the Phoenix installation of trees and shrubs along the sides of the boxes not having access Portland doors. The access door sides of the boxes have been left free of any landscaping. San Diego Seattle In addition, the City would like to paint the boxes a light brown /tan color to lessen their visual impact. The boxes would be painted using a very durable Donald W. Ringrose electrostatically applied enamel to ensure minimal future maintenance. Richard P. Wolsfeld Thomas F. Carroll The City of Chanhassen feels very strongly that these improvements need to be Craig A. Amundsen made to improve the aesthetics of this area. The intersection is viewed as a Donald E. Hunt gateway to the city, and staff and the City Council are concerned that the control John B. McNamara boxes in their current condition detract from the image of the area. Richard D. Pilgrim Dale N. Beckmann Jeffery L. Benson Your review and approval /comment of the proposed improvements would be Ralph C. Blum appreciated as soon as possible. We would like to have the landscape Gary J. Erickson improvements completed in early June to meet the current project completion John C. Lynch date of June 17, 1994, if possible. Paul N. Bay Sabri Ayaz Gary A. Ehret Anthony Heppelmann Arijs Pakalns Martha McPhee Howard P. Preston Dennis P. Probst FI f� Mr. Tim Jeske May 24, 1994 Page 2 Please call if you have any questions or we can provided any additional information. Sincerely, BRW, INC. JBH/jal Attachment cc: Charles Folch/City of Chanhassen File 1480A.80 _e� CANE: BELL, KNUT()N, SCOTT t FUCHS, PA. Ott , rnc < Jt Lm A. KMJu it Th,mm.i� Ai. Scorl G.ir\ G. Fuchs R. AY', klon Elli,,rt R. Kncr.ch Eli= .dhcrh -.. Lun =cr Andrc.r McDo\\cll Po chlcr HAND DELIVERED Halla Nursery, Inc. 10000 Great Plains Boulevard Chanhassen, MN 55317 (()1 2)4;2.5`�O F.ix 01 _') 452.555 ' June 1, 1994 Re: City of Chanhassen vs. Halla Nursery, Inc. Our File No. 12668/350 Dear Officer /Agent: Enclosed herewith and personally served upon Halla Nursery, Inc. is Plaintiff's Summons and Complaint in connection with the above - entitled matter. EBK:rlt Enclosures Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. c By: Elliott B. Kn s cc: Mr. Don Ashworth (w /enclosures) Ms. Kate Aanenson (w /enclosures) Mr. Scott Harr (w /enclosures) Mr. Steve Kirchman (w /enclosures) 15321 Suite 317 • Eii(mrnlale Office Center • 1380 Ce +rpor.ite Center Curve • D NIN 55121 1 ;' ; e Dear Officer /Agent: Enclosed herewith and personally served upon Halla Nursery, Inc. is Plaintiff's Summons and Complaint in connection with the above - entitled matter. EBK:rlt Enclosures Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. c By: Elliott B. Kn s cc: Mr. Don Ashworth (w /enclosures) Ms. Kate Aanenson (w /enclosures) Mr. Scott Harr (w /enclosures) Mr. Steve Kirchman (w /enclosures) 15321 Suite 317 • Eii(mrnlale Office Center • 1380 Ce +rpor.ite Center Curve • D NIN 55121 STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen Plaintiff, Vs. Halla Nursery, Inc., a Minnesota corporation, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 - OTHER CIVIL Court File No. SUMMONS THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANT: You are hereby summoned and required to serve upon the Plaintiff's attorney an Answer to the Complaint which is herewith ' served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you, and each of you, for the relief demanded in the Complaint. ' Dated: June 1, 1994. ' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. ' B Y: Elliott B. et-_r_-h, #168130 Elizabeth A. Lunzer, #230285 Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 15311 I� STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: 10 - OTHER CIVIL Court File No. City of Chanhassen Plaintiff, COMPLAINT APAP Halla Nursery, Inc., a Minnesota corporation, Defendant. Plaintiff City of Chanhassen (hereinafter "City "), as and for its claims against Defendant Halla Nursery, Inc. (hereinafter "Halla "), states and alleges as follows: 1. That the City is a municipal corporation organized under the laws of the State of Minnesota. 2. That Halla owns the real property located at 10000 Great Plains Blvd., in the City of Chanhassen, County of Dakota, State of Minnesota (hereinafter "Subject Property "). 3. In early 1994, Halla constructed a large new retail building of approximately 5,000 square feet on the Subject Property (hereinafter "Subject Building "). No building permit was obtained. 4. That Halla operates a retail sales business in the Subject Building. 5. On May 9, 1994, the City, by and through its agent Steven A. Kirchman, inspected the Subject Building. Mr. Kirchman completed the Inspection Report, a copy of which is attached 15311 hereto as Exhibit "A ", noting that the Subject Building contained "retail sales counters, retail customers, merchandise display gondolas, no exit signs, no fire sprinklering, no restrooms in bld, [and] no handicap parking." 6. Halla was advised by letter dated May 9, 1994, from Mr. Kirchman that the Subject Building did not meet the building code definition of an agricultural building and therefore could not be used for any commercial purposes under the building ordinance until a building permit is acquired and a certificate of occupancy obtained. 7. Since completion of construction of the Subject Building, Halla has not obtained a building permit. 8. The City has not issued a certificate of occupancy for the Subject Building. 9. Halla currently uses the Subject Building for a retail business. 10. The construction and use of the Subject Building on the Subject Property is not allowed without a permit and compliance with the building code requirements for a B -2 occupancy. 11. Halla's construction and use of the Subject Building for the operation of the retail business for the sale of nursery- related products on the Subject Property constitutes a violation of the Chanhassen City Code, Section 7 -16, and the Minnesota State Building Code, Minnesota Statute Section 16B.60, et seq. ' 15311 2 WHEREFORE, the City of Chanhassen prays for relief from the I Court as follows: 1. For Judgment permanently enjoining Halla's operation of I a retail commercial business in the Subject Building until such time as a building permit is acquired, the necessary requirements for a B -2 occupancy are satisfied and a certificate of occupancy is issued. 2. For such other relief as the Court deems just and equitable. Dated: June 1, 1994. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: (0' Elliott B. Yhe sch, #168130 Elizabeth A. unzer, #230285 Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorneys and witness fees may be awarded pursuant to Minn. Stat. § 549.21, Subd. 2, to the party against whom the allegations in this pleading are asserted. Dated: June 1, 1994. Elliott B. et h, #168130 Elizabeth A. Lunzer, #230285 L � u 15311 3 1 24575 - bann division, stuartfiooper co., st. Paul 1-1 1 —� INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA ' 937 -1900 ( >1 Th DATE TIME INSPECTION FO — , F q TIME & DATE INSPECTION DESIRED �— C C c— ` ��� f QJhS !]IL9• PERMITNO. C �' ADDRE SS 1��dd CONTRACTOR TAKEN BY: ' WATER METER NO. REMOTE NO. CORRECTIONS n -s`- �,,� C r I Al 4 h rw� Ca � (cr I Q1 vi o r 5c� r i nk �e� i �g n o r� s`�t''ao►ti a• u ssec,� blr� w � JN\* � Nn�1aTL� C "CG� C� CaC'✓CC ' C . ' c ` C : C - , te ( j If no corrections are listed above, approval is hereby given to proceed. You will be in �C ` c violation of the ordinance if you do not call for the proper inspections and make cor- ' rection as called for. Ds4 Time Inspector ' EXHIBIT "A" 1-1 1 Although we don't know the names of all of these people involved, we would like you to pass on our heartfelt thanks and sincere appreciation to all of ' them. We were most knowledgeable of the long hours and extensive efforts that were expended by Scott Harr, the Chanhassen Public Safety Director, and by Lt Robert Bergmann and Sgt. David Erdahl of the Carver County ' Sheriffs Department. All three of these men demonstrated an outstanding degree of dedication to the task, and a high degree of sensitivity and understanding of our feelings and concerns. ' We are delighted to report that our daughter was found on Saturday night, and she is now .on her way to recovery at Abbott Northwestern Hospital. ' Again, please extend our our most sincere appreciation to all of the officers and volunteers involved in this effort. And, if we can partially reciprocate in ' any way in the future, please feel free to call on us at any time. Yours Sincerely, ' , �, , ,11' Duane and Karen Malmstrom ' 6460 White Dove Drive Excelsior, Minnesota 55331 c: Allen Walle Carver County , c n, ty Sheriff Mayor Don Chmiel May 30, 1994 Y Y Chanhassen City Hall 690 Coulter Drive ' Chanhassen, Minnesota 55317 ' Dear Mayor ChmieL• This letter is intended to express our most sincere appreciation for the ' superb, and highly professional, effort that was extended last week by your Public Safety Department, and the Carver County Sheriffs Department, in helping us locate our daughter, Kirsten Malmstrom. We filed a missing person on her at about 10:00PM Tuesday, May 24th, and after waiting the customary time for her to return voluntarily, an extensive effort to locate her was initiated. We were amazed at the vast resources that , were devoted to finding her. A fixed -wing aircraft was initially deployed to try to spot her in the open areas near our neighborhood; then dogs and volunteer handlers thoroughly searched the wooded areas, while many policemen and others went "door -to- door". A helicopter was also used; and surrounding communities were notified. In all, we understand that about 75 police and volunteers were involved at one time or another. , Although we don't know the names of all of these people involved, we would like you to pass on our heartfelt thanks and sincere appreciation to all of ' them. We were most knowledgeable of the long hours and extensive efforts that were expended by Scott Harr, the Chanhassen Public Safety Director, and by Lt Robert Bergmann and Sgt. David Erdahl of the Carver County ' Sheriffs Department. All three of these men demonstrated an outstanding degree of dedication to the task, and a high degree of sensitivity and understanding of our feelings and concerns. ' We are delighted to report that our daughter was found on Saturday night, and she is now .on her way to recovery at Abbott Northwestern Hospital. ' Again, please extend our our most sincere appreciation to all of the officers and volunteers involved in this effort. And, if we can partially reciprocate in ' any way in the future, please feel free to call on us at any time. Yours Sincerely, ' , �, , ,11' Duane and Karen Malmstrom ' 6460 White Dove Drive Excelsior, Minnesota 55331 c: Allen Walle Carver County , c n, ty Sheriff Project TH 5 South Frontage Road/Trunk Sanitary Sewer Construction Project No. 653469 -01000 Date June 2, 1994 By James Unruh I MEETING REPORT ' Meeting Location Chanhassen City Hall Meeting Date 5/31/94 Participants T �' C N " � 91 11 FIN Charles Folch, City of Chanhassen JUN O 19 John Dietrich, RLK Associates John Dobbs, Heritage Development s+ ,�, ' Wes Gormley, Heritage Development =�Lt ,« EE, KG D James Unruh, Barton - Aschman Summary The ose u of the meetin , as to discuss coordination of the sanitary sewer trunk line P rP g v� installation and the Heritage Development construction on the west side of Bluff Creek and on ' the east side of Timberwood Estates in Chanhassen. The TH 5 South Frontage Road Feasibility Study showed the proposed trunk sanitary sewer line ' following the Bluff Creek corridor. To minimize impacts to the creek corridor, Heritage would prefer that the sanitary sewer be constructed along the development's access roadway. Concerns about poor soil conditions along Bluff Creek would also be alleviated by following the roadway alignment. The only drav, about following the roadway alignment is that the sanitary sewer depth may exceed 40 feet for a very short length. Heritage plans to begin site grading in August. If the development proposal becomes bogged down in the City's approval process, a Land Alteration Permit could be issued for grading of the ' roadway only. Installation of the sanitary sewer would be in September. Heritage would install the water main as part of the roadway construction. Follow -up tasks include: • Barton - Aschman to prepare draft design plans for sanitary sewer following the horizontal ' alignment of the Heritage Development access roadway. It will be assumed that grading of the roadway will be complete prior to sanitary sewer installation. A three -foot ' pavement and select granular material layer will be assumed. BART ON•ASCHMAN ASSOCIATES, INC. 111 Third Ave South • N inneapolis, W4 5 5401 • (612) 332 -0421 BA will proceed in reliance on this report. Any discrepancies should be brought to our anention in writing within (7) days. t' Frontage Road/Trunk Sanitary Sewer Construction Project TH 5 Sou _ Fron ag ry Page Two MEETING REPORT (cont'd) • Barton - Aschman to share soil boring information with RLK Associates. • Barton- Aschman to check with Bonestroo Associates on sanitary sewer slope restrictions. • Heritage Development to continue with City approval process for their single - family ' residential development. ' Charles Folch and James Unruh also discussed staging of various projects associated with the school site. James updated Charles on the latest discussions with Carver County and WDOT regarding Galpin Boulevard and TH 5 turn lanes construction. The most realistic schedule now , would have construction on the south frontage road and on the sanitary sewer take place in 1994. Galpin Boulevard and TH 5 construction would take place in 1995. ' dmv I J J 111 Third Ave Soutb • Knnea ohs, MN 55401 0(612)332-0421 , BAFTON•ASCHMAN ASSOCIATES INC. P BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. ' 6 I Y ur �r,HivhH���N X CITY OF 1 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Charles Folch, Director of Engineer' g FROM: Scott Harr, Public Safety Director 911, DATE: June 6, 1994 SUBJ: Bill Bement 1 for his very valuable assistance last week on a missing I am writing to commend Bill o s y $ erson's p case we were handling. We needed copies of aerials for the area that the search party was , working in, and Bill dropped everything he was doing to immediately assist us. I know that this inconvenienced him, but he helped us not only with the prints, but with helping the searchers work with the maps to identify locations to be searched. The parents of the missing individual , are very grateful for the assistance provided by everyone, including Bill. Please pass on our appreciation to him. cc: Don Ashworth, City Manager g.'w&r}+ h'&ment. m r F, I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Phyllis & Art Bofferding 620 Carver Beach Road Chanhassen, MN 55317 Re: Overflow at Sewer Lift Station No. 10 - PW055J ' Dear Mr. & Mrs. Bofferding: This letter is a follow up to your recent note concerning the sewer overflow which occurred on Sunday, May 29, 1994 at Lift Station No. 10 in Carver Beach. Let me first say that the City staff and Council have taken a very proactive approach in regard to the operation of the City's 26 sanitary sewer lift stations and minimizing their impact on the environment. I am confident that this proactive position helped prevent a minor leakage from becoming a major spill occurrence. In reviewing the sanitary sewer system telemetry records, you are correct that a high wetwell level situation occurred on Sunday night the 29th of May. The high level incident was a direct result of the loss of electrical power service to the lift station. The City's telemetry monitoring system immediately acknowledged the power failure and the City's utility personnel were on call to respond. The telemetry monitoring system also indicated that the overflow at that lift station occurred for a brief duration of approximately 15 minutes. During this time, the City's mobile ' generator truck was being dispatched to the site and some electrical parts in the lift stations control panel damaged during the power surge were being replaced. Shortly thereafter with the generator truck connected to the lift station, the system was able to operate during that night until three phase electrical service to the area was restored. Unfortunately, there is no way of knowing or controlling when electrical power failures may occur which effect city sewer lift stations particularly those located in environmentally sensitive areas. However, I am convinced that the ' City's utility telemetry system and mobile generator truck prevented this incident from becoming a major overflow (both volume and duration) into Lotus Lake. I appreciate your note of concerns which are also shared by City staff and Council. Sincerely, CITY OF CHANHASSEN (� '10 Charles D. Folch Director of Public Works /City Engineer I CDF:jms J Jerry Boucher, Utility Superintendent City Council Administrative Section (6/13/94) g:lengkhad. it J-frer rx 4 r1t jury o 1 v y "( 1 Y , d ° � o v (Q�Q� a — LUG Minnesota Ethical Practices Board First Floor South, Centennial Office Riiilding 658 Cedar Street St. Paul MN 55155 -1603 Telephone: 612/296 -5148 or 800/657 -3889 Bulletin for-Officials May, 1994 /cM ce Park - w19-� Introduction Beginning August 1, 1994, a state law restricts your acceptance of certain gifts from lobbyists and lobbyist principals. Laws of 1994, Chapter 377. Ethical Practices Board staff research has identified you as an "official" who may be subject to this 1994 law. See definition, page three. Prohibited You may not accept from a lobbyist or a lobbyist principal: gifts • Money • Real or personal property • A service • A loan • A forbearance or forgiveness of indebtedness • A promise of future employment unless you give the lobbyist or lobbyist principal equal or greater value in return for the gift. Acceptable You may accept these gifts, if not prohibited by other law: gifts • A political contribution; • Services to assist you in the performance of your official duties, including providing advice, . consultation, information, and communication in connection with legislation, and services to constituents; • Services of insignificant monetary value; 1 • A plaque or similar memento recognizing your individual services in a field of specialty or to a charitable cause; • r memento of jnsi ' A trinket nificant value; o 9 • Informational material of unexceptional value; ' • Food or beverage at a reception, meal, or meeting away from your place of work provided by an organization before whom you appear ' to make a speech or answer questions as part of a program; • Given because of your membership in a group, a majority of whose ' members are not officials, provided an equivalent gift is given to the other members of the group; ' • Given by a lobbyist or lobbyist principal who is a member of your family, unless the gift is given on behalf of someone who is not a ' member your family. for ' Advisory You may ask the Ethical Practices Board an advisory opinion opinion to guide you about accepting gifts or about any other provisions of the Ethics in Government Act, Minn. Stat. Ch. 10A. , You must apply for an advisory opinion in writing. The Board meets monthly and seeks to respond to your request in a timely manner. , Beginning August 1, 1994, your application and the Board's opinion are confidential. The Board may publish an opinion or a summary of an ' opinion, but not include the name of the requester, the name of a person covered by a request, or any other information that might identify the requester, unless the person consents to the inclusion. ' An opinion by the Board is binding on the Board should a Board proceeding involve the person making the request or covered by ,the opinion. The person may use the opinion as a defense in a judicial proceeding against the person making or covered by the request that involves the subject matter of the opinion. ' The opinion may not be used as a defense if: ' • the Board has amended or revoked the opinion prior to initiation of a proceeding and has notified the person making or covered by the 2 i I t request of its action and has allowed 30 days for the person to do whatever is necessary to gomply with the amended or revoked ' opinion; • the request has omitted,or misstated material facts; or ' • the person making or covered by the request has not acted in good faith in reliance on the opinion. 1 For more If you have questions about this bulletin, please write to the Board information at the First Floor South, Centennial Office Bldg., 658 Cedar St., St. Paul, MN 55155 -1603 or you may call Jeanne Olson, Assistant Executive Director at 612/296 -1721 or 800/657 -3889. The TDD ' number is 6121297 -5353, ask for 296 -1721. ' DEFINITIONS Official • public official (legislator, constitutional officer, commissioner, ' assistant or deputy commissioner, member and chief administrative officer of state board or commission, other state agency head); ' • employee of the legislature; or • local official of a Metropolitan Governmental Unit. 1 Local official • a person who holds elective office in a political subdivision or who is ' appointed to or employed in a public position who has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of ' public money. ' Metropolitan • The seven counties in the metropolitan area (Anoka, Carver, governmental Dakota, Hennepin, Ramsey, Scott, Washington) ' unit • A regional railroad authority established by one of the seven counties • A city in the seven counties with a population over 50,000 ' (Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Minneapolis, Plymouth, St. Paul) 3 I I • Metropolitan Council • Metropolitan Parks and Open Space Commission • Regional Transit Board • Metropolitan Transit Commission • Metropolitan Waste Control Commission • Metropolitan Airports Commission • Metropolitan Sports Facilities Commission • State High School League • Minnesota Technology, Inc. Principal • An individual or association (for example, a business, corporation, firm, partnership, committee, labor organization) that employs a lobbyist. 4 � I � I June 3, 1994 City Of Chanhassen ' 690 Coulter Drive Chanhassen, MN 55317 Atten: City Manager Dear Sir, I am a new - resident here in Chanhassen. I have to tell you how excited I was to move to Chanhassen, such a growing community. I have one problem, with construction we all know there is going to be a little confusion and mess, but the dump they have started on West 78th Street, is just going a little too far. Our biggest attraction is the Dinner Theater, and what is right acmss the street, a nice looking office building and a dump. I don't understand, I am sure if I, as a homeowner, was to start a dump, like that one, and leave it there that long, you would be on my front door step right away. My husband works contruction and he has never left a job sight looking like that, and if he did, he would be fired. I think there are many other places to put the rubbish rather that on main street. I hope to see it cleaned up! Thanks for your time. Anonymous REGEiVED G 1994 C ST l 1. r l• N: , iG 1 MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Kate Aanenson, Planning Director DATE: June 8, 1994 SUBJ: Arboretum Boulevard Environmental Review - Letter from Barton - Aschman dated June 3, 1994 At the May 18, 1994 City Council work session, the Council considered the possibility of moving the preferred alignment to the northern frontage road (alternative 1). The majority of the discussion with moving this frontage road to the north was the impact to the property owned by John Hennessey. The City Council had requested that Barton - Aschman review an alternative alignment that would avoid the Hennessey property. A new alternative has been sketched. As indicated in her letter, Deb Porter from Barton - Aschman has stated that additional analysis will be required thus expanding the scope of services. This will require an estimated three month extension of the environmental review process and another round of internal review by MnDOT and FHWA. Before the council proposes further study of this option, I would recommend that a meeting with Mr. Hennessey regarding his plan is appropriate. In my conversation with him, he is aware of the possibility of being relocated. There is a proposed plat that will surround his property. While Mr. Hennessey has told me he would like to remain on a large lot with close proximity to downtown, he also realizes that it may not be possible to remain at his current location. Staff is not requesting any action by the council at this time, but we are recommending that before Barton - Aschman pursue any further work on another alternative, staff meet with Barton - Aschman and Mr. Hennessey to discuss road alternatives as well as Mr. Hennessey's future plans. The findings of this meeting will then be brought back to the City Council. g.V1an1ka\bwy5e&upd F1 C 11� I BARTON- ASCHMAN ASSOCIATIES, INC. 1 111 Th,rc Avenue South. Suite 350. Minneapolis, Minnesota 55401 USA . (612) 332 -0421 . Fax: (612) 332 -6180 MEMORANDUM TO: Don Ashworth ' Kate Aanenson COPY TO: Barry Warner ' FROM: Deborah Porter ' DATE: June 3, 1994 SUBJECT: Arboretum Boulevard Environmental Review ' This memo is response to your request for a status report on the Environmental Assessment (EA) document and the issues discussed at the May 18, 1994, meeting of city staff, council members, and Barry Warner. ' The EA document and the city's resolution identifying the preferred alternative as Alternative 2 have been reviewed by both Mn/DOT and FHWA, and they concur with the project need and impact analyses as stated in the EA. The EA document is expected to receive signature approval within the next few weeks, at which point it will be forwarded to the Environmental Quality Board (EQB) and released for public and agency comment. The final task in Mn/DOT's approval of the EA document is to incorporate the EA as part of the ' environmental review for the TH 5 reconstruction project. It is our understanding that at the May 18 meeting, there was a discussion on a potential ' alternative alignment of Arboretum Boulevard that would be routed north of Alternative 1 at Galpin Boulevard. The possible route for such an alternative is sketched on the attached graphic. The purpose of considering such an alignment would be to avoid the relocation ' impact to the property owned by John Hennessey on the east side of Galpin Boulevard, and impacts to the probable Section 4(f) (historic) property on the west side of Galpin Boulevard owned by Theodore Bentz. Avoidance of these types of impacts is offered by Alternative 2 or ' Alternative 1 using crossovers A and C. However, if the city wishes to consider an additional alignment to be located north of Alternative 1, it would involve analysis of the following issues: ' 1. Roadway design standards. 2. Construction costs and impacts associated with topography, woodland crossing and ' soils correction necessary in this area. 3. Wetlands and floodplain impacts in the area north and west of the farmstead owned ' by Theodore Bentz. RECEIVED PARSONS JUN 0G 1994 ClU 9F CHANHASSEV4 BARTON- ASCHPAAN ASSOCIATES, INC. I 4. Right -of -way impacts that may affect the residence located along the west side of Galpin Boulevard north of the Theodore Bentz farmstead (see graphic). It should be noted that the residence is not shown on the presentation -sized graphics which are based on the city's 1989 aerial photography. The EA graphics which are based on ' 1991 aerial photography, show the residence. 5. Changes in projected traffic volumes diverted from TH 5 if access boulevard is located , farther north of TH 5. 6. Probable Section 4(f) evaluation of impacts to the Theodore Bentz property that the Minnesota Historical Society considers to be eligible for nomination to the National Register of Historic Places. This evaluation requires a demonstration that "no prudent and feasible" alternatives exist that avoid impact to a historic property (see attachment). 7. Archaeological field survey ( by the project subconsultant) for potential cultural resources. Analysis of these issues would be in addition to our current Scope of Services. Incorporation of this analysis in the EA document would require an estimated three month extension of the environmental review process and another round of internal review by Mn/DOT and FHWA. The city would also need to consider public input in order to incorporate additional alignments in this process. Another important consideration is the ability of such an alternative to meet the project objectives of facilitating local trips within the subareas of the city, providing local access to developing areas, and extension of the community trail system. We would be glad to attend a meeting with the city to discuss these issues and respond to any questions regarding consideration of project alternatives and the environmental review process. kro OA i 1.2 t j — nM_ - e - C �. � 3 .2.2.2 4( See Part 2, Chapter 1 of these Guidelines for Format section 1-2.9). ' When the preferred alternative uses Section 4(f) land, the final Section 4(f) evaluation must contain CFR 771.135(i) and 0): ' 1. All the above :.:;formation for draft evaluation. 2. A discussion t;f the basis for conclud = that there are no feasible and prudent ' alternatives to the use of the Sectio: ` f) land. The supporting information must demonstrate that "there are unique - }lems or unusual factors involved in the use of alternatives that avoid these : )_erties or that the cost, social, economic, ' and environmental impacts, or comr3 ,. disruption resulting from such alternatives reach extraordinary magnitudes" (23 CFR 771.135(a)(2)). This ' language should appear in the document together with the supporting information 3. A discussion of the basis for concluding that the proposed action includes all possible plannin tc minimiz harm to the Section 4(f) property. When there are A no feasible and ; - _ dent alternatives which avoid the use of Section 4(f) land, the final Section 4( l: . �w aluation must demonstrate that the preferred alternative is a feasible and pru "tnt. alternative with the least harm on th Section 4(f) resources after considering mitigation to the Section 4(f) resources. 4. A summary of the appropriate formal coordination with the Headquarters Offices of DOI (and/or appropriate agency under that Department) and, as appropriate, the involved offices of USDA and HUD. 5. Copies of all formal coordination comments and a summary of other relevant Section 4(f) comments received, and an analysis and response to any questions raised. Where new alternatives or modifications to existing alternatives are identified and will not be given further consideration, the basis for dismissing these alternatives should be provided and supported by factual information. Where Section 6(f) land is involved, the National Park Service's position on the land transfer should be documented. The following standard statement will be used for a conclusion: "Based upon the above considerations, there is no feasible and prudent alternative to the use of land from the (identify Section 4(o proper and the proposed action includes all Dossible to minimize harm to the (Section 4 use ". ' 07 -01 -88 PART 2, CHAPTER 13 13 -24 / TERNA TI -R - ice_ { L1,� 4 J� u ;! �""► _ - _ �,_�« -- -- UMz F - - r-•r - - -W�w - IV I OWL- � - � $�_ � Vim. - =-•� ?�` _ - _ _ r�- �.. a LEGEND RBORETUM ® TH 5 MAINLINE �- -� PROPOSED ACCESS BOULEVARD O U LEVQ ® WETLAND CITY o f C HANHAS N 250 soo NATURAL VEGETATION SITE 3ARTON- ASCHMAN ASSOCIATES, INC JUNE 3, 1994 © Parsons 06, :57 FAX 61: 332 6130 BARTON - ASCHMA f jU(t1 %Ot11 i DEPARTMENT OF TRANSPORTATION - Office of Environmental Services STATE OF MINNESOTA Office Memorandum DATE: 9 May 1994 JF TO: Gerry 'Larson, Environmental Coordinator 8 �--= ---- -- w _ Environmental Development Unit jl ! JUN 7 094 FROM: Craig Churchward, Preliminary Design Landscape Architect �f _ Environmental Studies Unit B�RTpfv i;S yjp' PHONE: SUBJECT: 612- 779 -5079 SP 1002 -67 CID MNTH 5 Access Boulevard Review of visual quality issues This project is an excellent example of using parallel streets to eliminate traffic congestion. X do, however, have three reservations about the preferred alternative. 1) The project terminus should be extended westward. At a minimum the pedestrian/bicycle component of the project, should, continue further west to the MN Landscape Arboretum. This would connect two major assets within the city- -the downtown and the arboretum. The arboretum is a logical destination for pedestrians and bicyclists, if not vehicular travelers. 2) The idea of a landscaped boulevard is a good one. Unfortunately, the Preferred Alternative will restrict the success of the landscape by placing it so close to MNTH 5. The Typical Cross - Section doesn't show the berms proposed in the text. I'm afraid that the berms may look like the artificial eskers recently created along Hiawatha (MNTH 55) in south Minneapolis. Alternative 1 would provide a better opportunity to create a boulevard. 3) Development- -and there will be development- -could occur on both sides of Alternative 1 but only on one side of Alternative 2, Alternative 2, which is the preferred Alternative, is merely a pretty frontage road. Visually, it will look like any other frontage road in a few years- - crowded and confining. Hardly the rural landscape the city now enjoys. Alternative 1 provides a better opportunity to create a road system of independent parallel roads. My three reservations are based on general planning principles and on the August 1993 Chanhassen draft planning document, "Highway 5 Corridor Land Use Design Study ". This document has been approved by the Highway 5 Task Force and the City Planning Commission. It is waiting adoption by the City Council. The study states that the goal of the northern boulevard is create a "main street" for Chanhassea between Highways 101 and 41. The preferred alternative substantially conflicts with the stated goals and policies stated in this planning document. Alternative 1 respects the document's goals and policy directives. Attached is a copy of the planning document. cac ee: D. Adams/Unit File S. Bradley /B. Slater L. Holm J. Reierson/K. Weissenborn G. pates FILE. PROJECTS051APBBLVD.2 Post -it" Fax No Date k. Fr pages � - 7671 TO From �Yi�CJ J C7 /'fir Co, /Dept, co, Phone # Phone Fax # 3 Fax 1; MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Kate Aanenson, Planning Director Diane Desotelle, Water Resources Coordinator DATE: June 8, 1994 SUBJ: Shoreland Ordinance In January 1991, the City was notified by the DNR that they had two years to adopt a new Shoreland management ordinance consistent with statewide standards. A draft of the ordinance was first submitted to the DNR in May, 1993. Extensions were given by the DNR due to a series of time delays including City staff turnover and DNR review time. The City's current agreement was to have the ordinance adopted by June 2, 1994. The ordinance has now been completed and reviewed by the DNR. Attached is the DNR letter granting temporary ordinance approval until comments are received from the neighboring communities. The DNR is required to notify neighboring communities with a 30 -day response period. At this time staff is sending the ordinance through the formal public hearing process. It is the City's goal to have a Shoreland Ordinance adopted by the end of July, 1994 in order to meet DNR requirements. ktm Attachment g Aen& iane\shoreld�shoreord.m em Ll C� 1 I0 11ETr'_i RE Iiil! 1: TEL: 12- TT2- , ;l ,,. T i STATE Of l l DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PNONENO. 772 - 7910 FILE NO, June 8, 1994 Ms. Dianne Desotelle City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 RE: STATUS OF UPDATED SHORELAND MANAGEMENT REGULATIONS, CITY OF CHANHASSEN, CARVER COUNTY Dear Ms. Desotelle: We understand that the city of Chanhassen's proposed schedule for getting the updated Shoreland Management Regulations adopted includes a Planning Commission work session on June 15th (where the Commission will make their recommendation to the Council), and the public hearing at a City Council meeting by the end of July 1994. The city of Chanhassen is far enough along in the process that we do not feel it is necessary to officially extend the contract between Chanhassen and the DNR that included an expiration date of June 2, 1994 This is based on a good faith understanding that it is the intent of the city to adopt and the DNR to approve the draft updated shoreland ordinance by the end of July 1994, or soon thereafter. 1 We do need to allow communities with adjoining shoreland areas a 30 -day opportunity to comment on the City of Chanhassen's flexibility request. As we discussed, I will send a draft of the letter I intend to send to your neighboring communities in time for the Planning Commission meeting on June 15th. We can then take any modifications recommended by the Planning Commission into account and send the letters to the communities in time to have comments, if any, for the City Council meeting. Since the city has incorporated (or is in the process of incorporating) all the points I have noted that needed to be added or modified, I do not anticipates any problem with the city of Chanhassen -'s proposed updated Shoreland Management Regulations receiving DNR approval. Please contact me at 772 - 7910 should you have questions. Sincerely, Cali � Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist MEMORANDUM CITY of CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 * CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Todd Hoffman, Park and Recreation Director Vr DATE: June 8, 1994 SUBJ: Request from Councilman Senn for Information Regarding Reciprocal Agreements Between the Cities of Chanhassen and Chaska Relating to the Provision of Recreational Services f The Chaska Community Center provides recreation opportunities to persons residing in a service area much larger than the City of Chaska alone. "Non- resident" users of the facility pay a surcharge for the opportunity to use the building and participate in programs. These surcharges are assessed through a variety of non - resident fees, i.e. daily and yearly user fees, increased program fees, etc. There are, however, some programs which treat participants as equals, i.e. adult volleyball and basketball. Upon completing the City of Chanhassen recreation center, the city will be in the business of managing a limited amount of indoor recreation/community space. However, the recreation center will be a much different facility than the Chaska Community Center, thus making a direct reciprocal agreement unlikely. Furthermore, the operation policies and fee structures for the two facilities will be considerably different. Annual memberships will most likely not be utilized at the recreation center. Reciprocity can be fac :,_E 4,ed through user fees whereas non - residents participating in activities at the Chanhassen recreation center will pay higher fees than non - residents. The desire to see a decrease or outright elimination of Chaska Community Center non - resident fees for Chanhassen residents certainly would be well- received by residents; however, it will be difficult for Chaska to single out Chanhassen to receive special treatment in regard to community center memberships and activities. In speaking with Tom Redman, Director of Parks, Recreation and Arts for the City of Chaska, he agreed to discuss these issues with other representatives of Chaska to facilitate further discussion with the City of Chanhassen in this area. 1 $ 612 448 4676 WILSON UEVL SVC Wilson Development Services Helping Cities and Businesses Grow ' # of pages June 9, 1994 ' oa Wbm Demo nxn Services Todd Gerhardt �s rj3� _ S73q Asst. City Administrator P.O Box 147 ' Chanhassen, MN 55317 - 0147 06/13i94 16:21 P01 FAX TRANSM[TTAL # of pages C(L oa Wbm Demo nxn Services Rffd si 448 -4&'40 �s rj3� _ S73q I�cs (812 )448-46 ai ' RE: Pauly's Building Relocation Proposal Dear Mr. Gerhardt: ' I am writing to submit a proposal in response to our 6/7/94 telephone conversation. ' Wilson Development Services is a real estate consulting business that specializes in assisting public and private entities with their com- munity development and real estate development needs. Acquisition and relocation activities constitute a substantial portion of our work. ' Professional Staff ' Dan Wilson - Principal Dan Wilson, the owner of the firm, has twenty -three years experience with acquisition and relocation activities under the Uniform Relo- cation Act. I have worked with the Uniform Act since its inception in 1970. My twenty -three years of experience provides me with a perspec- tive and practical knowledge of the Uniform Act. I believe that I have an understanding of the fundamental intent of the Act, as well ' as, the current interpretation of the regulations. Self- employed for thirteen years, I have represented numerous munici- palities and public agencies throughout the State of Minnesota for both residential and business displacements. I am the primary contact person for all clients and supervise the activities of associates. ' I have served as instructor for the Department of Housing and Urban Development and MN Dept. of Trade & Economic Development for Uniform Act training seminars. Previous Work Experience ' Wilson Development Service, previously named Wilson Management Serv- ice, has provided acquisition and relocation assistance since 1980. Prior to that, Dan Wilson provided acquisition and relocation services ' to the cities of Waconia, LeSueur and Minneapolis as a staff person dating back to 1970. We have assisted the City of Chanhassen in the past. 1 V 612 44 4676 WILSON DEVL SVC, 06/13/94 16.22 P02 I r L The following is a list of current and recent clients who have uti- lized our acquisition and relocation services: CLIENT LIST Austin School District Moorhead School District Perspectives East Wayvide House, Inc. National Handicap Housing Institute Inc. Scott County Highway Scott County BRA City of Buffalo City of Champlin City of Chanhassen City of Chaska City of Grand Rapids City of Crystal City of Hopkins City of Hutchinson City of LeSueur City of Little Canada City of New Ulm City of Osseo City of Plymouth City of Robbinsdale City of Sauk Rapids City of Savage City of Waconia City of Watertown Larkin, Hoffman, Daly & Lindren Leonard Street & Deinard Scope of Relocation Services It is our intent to provide all relocation services necessary to com- plete successfully the relocation process. We would provide these services in compliance with the uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Surface Transportation and Uniform Relocation Assis- tance Act of 1987. This is the Federal Law adopted by Minnesota Statute 117.52. $ 612 448 4676 WILSON DEVL SVC 06/13/94 16,22 PCj3 1 r 1 Following is a list descriptive of the services we provide and is not necessarily limiting. 1. Start -up meeting with staff to discuss relocation process & responsibilities, and coordinate consultant & staff activities and time schedule. 2. Prepare General Information Notices and Notices of Relocation Eligibility for all displacees. 3. if at all possible, hold a group meeting with all displacees to provide general information on process, responsibilities, benefits, and time schedules. 4. Meet individually with displacees in their apartments or homes. Discuss information provided in the general meeting, as well as determine special needs and preferences of displacees. 5. Prepare revised Relocation Budget estimate. 6. Search for comparable housing and make referrals to dis- placees. 7. Prepare 90 -Day Notice To vacate with comparable housing identified. 8. Continue to make referrals, discuss process with displacees, and continue to provide assistance as needed. 9. Inspect replacement unit to determine if decent, safe, and sanitary standards are met. 10. Prepare moving specifications, secure bids, and schedule move. 11. Prepare 30 -Day Notice To Vacate. 12. Prepare Moving Cost and Rental Assistance or Downpayment Assistance claims with supporting documentation. 13. Maintain log of all displacee contacts. 14. Maintain communication with staff for status of each dis- placee. 15. Coordinate relocation activities with the project attorney and City staff. 16. Present relocation claim file with our recommendation and cer- tification for payment. Pauly's Building project Workload The Pauly's Building relocation workload is as follows: 4 Residential Tenants I Business $ 612 440 4676 WILSON DEVL SVC 06/13/94 16.23 Pci4 I�I' Praposcal Price & Maximum Not to Exceed ' 1994 Charge Rates Principal $55.00 /Hour Secretary $21.00 /Hour ' Travel, .25 /Mile FAX 1.00 /copy Photocopy .10 /copy ' Interpreter at cost or provided by others. Other expenses provided at actual cost. we propose to complete the 5 identified displacements on an hourly basis with a not to exceed maximum amount of Three Thousand Dollars. The relocation process requires cooperation and reasonable effort on the part of the displacee. The cost of our services are highly dependent upon the attitude and skills of the displacees. We have been very successful in defusing difficult situations, and assisting displacees with the decision - making process, so that the process can proceed in a timely manner. ' Thank you for the opportunity to submit this proposal. We are confident in our ability to assist you in successful projects. We are available to meet with you or your Board to further discuss our interest in your project and our qualifications. Sinc el y. ' Daniel H. Wilson Principal 1 DHW:bg EMERGENCY: 91 1 ALLEN J. WALLIN Carver County Sheriff June 2, 1994 COUNTY OF CAQVEQ ,�� OFFICE OF THE SHERIFF CARVER COUNTY 600 EAST 4TH STREET, BOX 9 CHASKA, MINNESOTA 55318 -2190 SHERIFF ADMIN.: (612) 361 -1212 DISPATCH NON EMERERGENCY: (612) 361 -1231 TOLL FREE: 1 -800- 487 -5730 Bob Zydowsky Chanhassen Public Safety Officer i 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Officer Zydowsky, This is a letter to thank you for your assistance on the burglary that occurred on Market Square on 05 30 - 94. Your assistance was greatly appreciated by the Carver County Sheriff's Office and myself. Your good work and dedication in this circumstance help result in the arrest of a suspect in this case. Sincerely, Larry Wittsac Sergeant, Carver County Sheriff's Office LW:ms cc: Sheriff Al Wallin Chanhassen Public Safety Director Scott Harr ` F