The URL can be used to link to this page

Administrative SectionAMUNISTRATIVE SECTION Memo to Southwest Corridor Coalition Members dated November 23, 1993. Letter from Values Committee dated November 1993. Memo from Jerry Ruegemer dated December 9, 1993. Letter to Mr. James Jessup dated December 13, 1993. Letter to Zachman Brothers dated December 6, 1993. Letter to Mr. J. E. Brill, Jr. dated December 1, 1993. Letter from Phil Gravel dated December 13, 1993. Letter from Jon B. Horn dated November 29, 1993. Letter from Robert W. Fisher dated November 29, 1993. Weekly News article. Letter to Mr. Brad Johnson dated December 16, 1993. Arboretum Blvd. Project Meeting Report dated December 13, 1993. Letter from Virginia Harris dated December 16, 1993. Letter from David Minge dated December 20, 1993. Letter from Axel Ridell, Jr., MN DOT, dated December 29, 1993. Letter from Phil Gravel dated December 23, 1993. Minutes of Ad Hoc Committee Meeting of December 7, 1993. Thank you from Pat Karzewski date December 20, 1993. Memo to Keith McKinley dated December 23, 1993. Letter to Governor Arne Carlson and Commissioner James Denn dated December 23, 1993. Letter to Mr. Moloney dated December 27, 1993 and attachments. Memo from Roger Gustafson dated December 17, 1993. Letter from James Ochs dated December 7, 1993. Letter from James Hovland dated December 6, 1993. Memo from Deborah Porter dated December 22, 1993. Letter from Roger Knutson date December 30, 1993. Letter to Mr. Larry Schroers dated December 30, 1993. Letter from Jane E. Bremer dated December 9, 1993. League of Minnesota Cities Bulletin dated December 10, 1993. Letter to Al Klingelhutz dated December 21, 1993. Letter to Mr. Bloom dated January 3, 1994. Memo to Scott Harr dated November 29, 1993. Thank you to Don Ashworth. Letter to Chanhassen Garbage Haulers dated December 22, 1993. H.R.A. Accounts Payable dated 12- 23 -93. H.R.A. Accounts Payable dated 1- 10 -94. -,�e Ail Ste- _ e 4 1 t TO: FROM: Southwest Corridor Transportation Coalition Members Bob Undall , DATE: November 23, 1993 RE: December Meeting The Coalition's December meeting will be Friday, December 3, 1993 Chaska Community Center in the Community Room 8:00 a.m. to 9:30 a.m. The purpose as indicated in the agenda items is to discuss the Coalition's 1994 workplan and policy direction. Enclosed for your review is a summary of meetings held with firms I experienced in toll facility construction. At the meeting, a memorandum discussing funding options will be distributed. ' 1 1 FJ Publicorp Inc. approval, the legislation states that the governing body of the county or municipality through which ' 512 Crown Roller Mill (612) 341 -3646 105 Fifth Avenue South FAX (612) 341 -4148 Minneapolis, MN 55401 ' way pursuant to section 161.171 to 161.177. It is assumed that the approval has been iMEM.0 NDUM accomplished. ' • begin a public education program regarding toll roads, anticipated state revenue levels, and state ' TO: Bob Lindall FROM: EJR ' DATE: November 15, 1993 ' RE: Summary of Meetings with Toll Road' Contractors Based on our meetings with the contractors experienced with toll roads, the following major issues have ' been identified: Local Approval The requirement of local approval was a concern to one group and was cited by Carl ' Williams of the California Department of Transportation as a "red flag" for investors. However, as the experience on the various projects was discussed, it appeared that local governments have without a formal "no" vote negatively impacted a project. The Denver project with its experience with Arapahoe County is , a case in point. To increase the probability of local approval the Coalition should: • complete or have completed a legal analysis of the state enabling legislation. In regards local approval, the legislation states that the governing body of the county or municipality through which ' the facility passes may veto the project within 30 days of approval by the commissioner. The legislation does not state that the governing body must approve the project. The legislation however, requires the road authority or private operator to obtain approval of alignment and right -of- ' way pursuant to section 161.171 to 161.177. It is assumed that the approval has been accomplished. • begin a public education program regarding toll roads, anticipated state revenue levels, and state ' project schedules with the Corridor's local governments. • consider a public opinion survey of the Corridor to determine support. (The Minnesota ' Transportation Group indicates that it has included the Highway 212 corridor in its soon -to -be released public survey). • include representatives of cities and counties in the development and negotiation process. r Ownership Minnesota law permits public or private ownership. Public ownership is defined to be a road authority. A road authority is defined in section 160 and in the toll road enabling legislation (160.91). Under section 160.02 a road authority corresponds to the highway classification. For example, for a state trunk highway, MNDOT is the road authority. The new toll road law permits two or more road authorities with jurisdiction over a toll facility to enter into a joint powers agreement. ' At this time, MNDOT is the road authority because Highway 212 is a state trunk highway. For the cities and county to be the road authority, special legislation or an agreement with MNDOT may be needed. Based on the financing options, private ownership may be less desirable than public ownership A public private partnership however, seems feasible and may be more realistic. ' Environmental Review If Highway 212 will be a toll facility, the road authority will need to complete a 1 supplemental report. The report as described by the engineers from HNTB does not require public hearing and may consist of traffic projections revised to reflect the toll facility. Minnesota Toll Facility Proposal Process At our July meeting with MNDOT officials, MNDOT staff Indicated that the department would react to a proposal for a toll facility. The staff also stated that the department in connection with the Metropolitan Council and the Transportation Study Center at the University of Minnesota is conducting a study of highway pricing. The study will not identify possible toll roads but will discuss the various forms of tolls including congestion pricing and its impact on metropolitan highways. Based on our discussion with contractors, there is a reluctance to submit a proposal without a formal process to qualify proposers or evaluate proposals. The Washington state and California procedures were cited as possible models for a Minnesota process. Revenue Analysis Assuming that Highway 212 could be a toll facility, a revenue analysis must be completed by a firm that has the confidence of the investment community. As a result of our meetings, three firms, all of which are located in the East have been identified. The firms are: Firm ' Contact Person 11 URS N/A Wilbur, Smith & Associates Ed Regan Vollmer Jerry Neilsten Wilbur, Smith completed the California SR 91 project analysis while Vollmer completed the Denver E470 analysis. The cost of an analysis has not been determined but based on the experience of the two projects it could be $100,000 or more. Because a toll facility would alter the design of Highway 212, it is suggested that MNDOT, as part of the design study, include a toll facility option. To conduct the study, MNDOT could use some of the federal demonstration funds to engage one of the firms to conduct a revenue analysis. The Coalition should be involved in this process - consultant selection and study design. H!Qhway 212 Fact Sheet MNDOT has conducted numerous activities regarding Highway 212. To enable an analysis for a possible tollway, the Coalition and MNDOT need to develop a fact sheet that updates the status of, at least, the following: • acquisition of right -of -way (cost, amount completed in number of parcels) • design and engineering for all phases (contractor, schedules) • amount of project costs for acquisition design and engineering construction • status of federal demonstration funds Coalition - MNDOT Relationship The Coalition should meet as soon as possible with MNDOT senior staff to discuss the toll facility process. The agenda could include the following: • process for toll facility project Request for Qualifications Request for Proposals Schedule for documents • Legislative amendments (if needed) • Revenue Analysis for 212 project (funding, design) • Role of MNDOT in 212 project • Financing Dept of Finance role Use of ISTEA other • Other Upon your review of this memorandum, please , I t me with your comments and suggestions. Community Education 110600 Village Road Chaska MN Citizenship ' Integrity Responsibility 1 Learning Environmentalism ` Respect clTY ur f' ' ^ `'' r Human Worth & Dignity Generosity November, 1993 Re: Values Week Dear Buses: ' The "Values Committee" is pleased to atmyouce that Values Week will be February 20 through February 26, 1994. ' If you are new to the area or have not heard of Values Week, please find enclosed a brochure which briefly explains the Values CmTmLittee and Values Week. Also enclosed please find a copy of the eight core values adopted by ' the communities of Carver, Chanhassen, Chaska, Victoria, East Union, Carver County and Independent School District No. 112. , This year we are making a special effort to involve the business co nm:nity. We have scheduled one of the leading experts on business ethics, Dr. Kennith Goodpastor, St. Thcmas University Professor, to speak at a joint meeting of the Chanhassen, Ckaska and Victoria Chambers of C,oQmerce. He is scheduled to speak on March 21, 1994. More information will be made available in the near future. Again this year we will be bringing in special programs during Values Week for the kicL= and the Values Celebration on Saturday night, February 26. The programs involved in Values Week and the promotion of Values ' throughout the year are funded by donations. We, therefore, would appreciate any help you could give us. Please send donations to: Community Education, 110600 Village Road, Chaska, Minnesota 55318. Please mark ' "Values" on your check. Thank you for your consideration and here is wishing you a Happy Holiday ' Season and a prosperous New Year. Very t-- uly yours, VAIUFS CJNAIITI'EE Serving: Carver, Chanhassen, Chaska,, East Union, Victoria, District 112 and Carver County COMMUNITYVALUES ■ Be it resolved by the communities of CARVER. CIIAMBASSEM CIIASKA EAST UMOM and VICTORM PUFMSOIA that the following values: ' CITIZENSHIP: A quality in individuals whereby each adheres to and has an understanding and appreciation of the rights, responsibilities and privileges afforded our society under the Constitution of the United States of America; and, where every Individual has a willingness and ability to participate in the democratic process In a lawful manner in a society where actions of the individual, group or government are free from bias, favoritism or prejudice. ENVIRONMENTALISM: A quality of care and concern for our surroundings and being willing to help improve and preserve the environment GENEROSITY: A quality in an individual whereby each is willing to share unselfishly in words as well as action and is willing to serve others without pay; indiscriminate altruism, gratitude and appreciation. HUMAN WORTH AND DIGNIlTY: One's assessment of the extent to which one is lovable and capable, the personal sense of being valued. INTEGRITY: The quality of strict personal honesty, truthfulness and sincerity in the conduct of human interactions. LEARNING: A quality in individuals whereby each strives to learn more and increase personal levels of fulfillment and competence throughout life; a condition in which one uses problem solving and reasoned argument to identify, frame and propose ' new and improved solutions to existing and emerging problems to the betterment of self and society. 1 RESPECT FOR OTHERS: A qualitywhereby each and every individual has an unselfish regard and devotion, free from pride or prejudice, to the welfare of others, as well as one's self, by respecting others; by displaying courtesy and compassion; by appreciating and accepting individual differences and cultural diversities, and by showing regard for and knowing the unique qualities of each person as a valued individual. RESPONSIBILITY: A quality in individuals whereby each knows, understands and accepts the impact and consequences of personal actions and decisions and whereby each tries to fulfill the obligations of self- sufficiency and active commitment to the common good of society. be adopted and promoted as guidelines for all members of these communities. BARTON- ASCHMAN ASSOCIATES, INC. 111 Third Avenue South, Suite 350. Minneapolis, Minnesota 55401 USA . (612) 332 -0421 . Fax: (612) 332 -6180 MEMORANDUM TO: Don Ashworth RE CEI V rIpf Paul Krauss 1993 COPIES TO: Bill Crawford CITY OF CHANHASSE�, John Mullan FROM: Deborah Porter - Vp DATE: December 6, 1993 SUBJECT: Upcoming Meeting on Status of Arboretum Boulevard Project I am forwarding a copy of the meeting report prepared after our last discussion (October 7, 1993) regarding the funding status of the Arboretum Boulevard project. These minutes summarize the possibilities and likelihood of alternative funding strategies and MnDOT's position as to availability of state/federal funds for the project. Since that meeting, Bill Crawford has had further discussions with MnDOT staff' which confirm the current situation of limited funding for a large backlog of roadway projects statewide I hope this is helpful in bringing you up to date on this issue which we will be discussing at our meeting on Monday, December 13, 9:00 A.M. kro VA VA W PARSONS Meeting Report Meeting Location Meeting Date October 7, 1993 Participants Ron Erickson, MnDOT Project Arboretum Boulevard Project No. 652323.90300 ' Date October 13, 1993 By Deborah Porter Meeting Report Meeting Location Meeting Date October 7, 1993 Summary A meeting was held on October 7, 1993 to discuss the current status of the environmental review and funding possibilities of the Arboretum Boulevard project and the related THS reconstruction project. Currently, the THS project is planned for funding and construction in 1998, however, it is possible that this date may be postponed to a later date depending upon competition for ' funding among all Metro Division projects. MnDOT has received approval from the Capital Improvements Committee to combine the ' THS and Arboretum Boulevard projects into a joint project and to support both roadways for funding in 1998. Arboretum Boulevard is seen as being very beneficial to the construction and future operation of THS by offering controlled access, detour routes during construction, etc. However, the city anticipates significant development (school, office, parks, residential and commercial uses) both north and south of the TH5 corridor during the next few years. Subsequently, it is anticipated that at least a portion, 'if not all, of the Arboretum Blvd. roadway will be needed much sooner than 1998. ' Therefore alternative fundin g scenarios were discussed which would allow the City of Chanhassen to pay for and construct Arboretum Boulevard as needed over the next few year with the understanding that MnDOT (and FHWA) would reimburse the City at a later date, when funding becomes available. This type of "advanced funding" option is provided for by state law and has been used by other cities in the metro area to build roadways prior to state and federal funds being available for the project. ' Barton- Aschman Associates, Inc. tlt Third Ave south . Mnocapolis. K< 55401 - (612) »2.0 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. Participants Ron Erickson, MnDOT Evan Green, MnDOT Jim McCarthy, FHWA ' Paul Krauss, City of Chanhassen Bill Crawford, Barton- Aschman Deborah Porter, Barton- Aschman,, Summary A meeting was held on October 7, 1993 to discuss the current status of the environmental review and funding possibilities of the Arboretum Boulevard project and the related THS reconstruction project. Currently, the THS project is planned for funding and construction in 1998, however, it is possible that this date may be postponed to a later date depending upon competition for ' funding among all Metro Division projects. MnDOT has received approval from the Capital Improvements Committee to combine the ' THS and Arboretum Boulevard projects into a joint project and to support both roadways for funding in 1998. Arboretum Boulevard is seen as being very beneficial to the construction and future operation of THS by offering controlled access, detour routes during construction, etc. However, the city anticipates significant development (school, office, parks, residential and commercial uses) both north and south of the TH5 corridor during the next few years. Subsequently, it is anticipated that at least a portion, 'if not all, of the Arboretum Blvd. roadway will be needed much sooner than 1998. ' Therefore alternative fundin g scenarios were discussed which would allow the City of Chanhassen to pay for and construct Arboretum Boulevard as needed over the next few year with the understanding that MnDOT (and FHWA) would reimburse the City at a later date, when funding becomes available. This type of "advanced funding" option is provided for by state law and has been used by other cities in the metro area to build roadways prior to state and federal funds being available for the project. ' Barton- Aschman Associates, Inc. tlt Third Ave south . Mnocapolis. K< 55401 - (612) »2.0 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. Barton- Asehman Associates, Inc 111 Third Ave South • Mionespolis. MN 55401 • (612) M -0421 discrepancies ' BA will proceed in reliance on this report. Any pan ties should be brought to our attention in writing within (7) days. Project Arboretum Boulevard Page 2 ' Meeting Report emrd STP funds Another funding possibility that was mentioned was for the City to- subarrt for from the Met Council.. But again, the Arboretum Boulevard project would be competing for ' limited money against all other projects in the area. After the meeting on October 7th, Ron Erickson discussed with Jim Povich (MnDOT) the ' potential funding scenarios for the Arboretum Boulevard project. dim Povich's opinion was that is for 1998 letting is not that the likelihood of advanced funding on a project planned li st) fun orfied) good. Currently, MnDOT projects (and � n the development p� (3 S out) for three years out. All other projects _ "planning phase" (more than five years out). there , entl on the TIP list and in the three year programming schedule, then If THS was curr y would be a better chance of advanced funding. However, the project would still have to being by the Area Transportation Partnership (ATP), compete with all other projects reviewed which is responsible for prioritizing transportation projects. The ATP consists of a committee of cities, counties, MnDOT and Met Council. Its mission is based comprehensive planning considerations for the region as a to allocate funding upon whole. All of this seems to indicate that the City will be on their own to finance the Arboretum if they want the roadway constructed prior to 1998. And, if "advanced Boulevard project funding" of 1998 projects can only be secured three assuming that the THS be of advanced funding cou d be mad ' 1995 before the commitment Arboretum Boulevard project is indeed programmed and on the TIP list as of 1995. This date date if the is not considered -p . o, it , could shift to a later project that it is somewhat debatable that the City can count on advanced funding appears It is anticipated that a f meeting should be held within the next couple of weeks to Boulevard and to determine the best discuss the most realistic funding strategy for Arboretum plan for the remainder of the environmental review process. ' Debbie Porter will contact Paul Krauss to arrange this meeting. Barton- Asehman Associates, Inc 111 Third Ave South • Mionespolis. MN 55401 • (612) M -0421 discrepancies ' BA will proceed in reliance on this report. Any pan ties should be brought to our attention in writing within (7) days. 1 r 1 ee ✓ter CITY OF N. CHANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Dale Gregory, Park Superintendent Dean Schmeig, Park Equipment Operator - Parks Charlie Eiler, Park Keeper/Equipment Operator Downtown Keith McKinley, Park Laborer FROM: Jerry Ruegemer, Recreation Supervisor DATE: December 9, 1993 SUBJECT: Electrical Power for the Tree Lighting Ceremony I wanted to take a moment to thank all of you for working above and beyond what was expected in regards to the Tree Lighting Ceremony. The tree was decorated to a tee and illuminated nicely when Mayor Chmiel hit the ceremonial switch. But more importantly, I wanted to thank you for keeping in contact with Egan-McKay in seeing that the electrical service was completed in time for the lighting. Having a -good back -up plan in case the electrical service was not completed also helped me out. Thanks again Dale, Dean, Charlie, and Keith, for a job well done! MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 December 13, 1993 CERTIFIED Mr. James F. Jessup 7021 Galpin Lake Blvd. Excelsior, MN 55331 Re: Revocation of permit #6325 at 9247 Lake Riley Blvd, Chanhassen Dear Mr. Jessup: I received a memorandum from the Planning Department on December 7, 1993 informing me that the variance #89 -1 has expired and requesting that your building permit be revoked. Accordingly, pursuant to Uniform Building Code, Section 303, you are hereby notified that building permit #6325 for the construction of a single family dwelling at 9247 Lake Riley Blvd. has been revoked. You may call me or Sharmin Al -Jaff if you have any questions. Sincerely, , tip Steve A. Kirchman Building Official PC: Scott Harr, Public Safety Director Sharmin Al =Jaff, Planner I Roger Knutson, City Attorney Building file, 9247 Lake Riley Blvd. City Council, adnim packet vo t 1 Zachman Brothers 17530 Pavelka Drive Eden Prairie, MN 55346 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Sirs: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority Est. 1 A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. ' We have scheduled the neighborhood meeting for Tuesday, December 14, 1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator - DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates %n 11 December 6, 1993 James Cranston 695 Carver Beach Road Chanhassen, MN 55317 I'l 1 n CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Cranston: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City -wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates .0f) 1 t Irk 1 December 6, 1993 I i Ci !J Mr. Mike O%elly 685 Carver Beach Road Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93.6 -1, File No. PW -201F Dear Mr. O%elly: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer ' Bm Paul Krauss, Planning Director 1 Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates -n December 6, 1993 CITY OF � CHANHA SEX 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 kff Kleiner 655 Carver Beach Road Chanhassen, MN 55317 Re: Water Quality Improvements, City Project No. 93.6 -1, File No. PW -201F Dear Mr. Kleiner: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan wis to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN X��a t4 Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates 1 1 December 6, 1993 t 1 t Phillip Hanson 35 Nathan Lane Plymouth, MN 55441 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93.6 -1, File No. PW -201F Dear Mr. Hanson: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority Ust. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time io discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desofe e, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer; Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates December 6, 1993 CITY OF CHANHASSEN 690 COULTER DRIVE * P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Phillip Weik 720 Preakness Lane Chanhassen, MN 55317 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Weik: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14, 1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm e: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates -4n December 6, 1993 i 1 t 1� Stephen Smedstad 730 Preakness Lane Chanhassen, MN 55317 CITY OF .� CH 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Smedstad: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN G�-e- Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates 1:% December 6, 1993 David Muilenburg 740 Preakness Lane Chanhassen, MN 55317 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93.6 -1, File No. PW -201F Dear Mr. Muilenburg: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates ,n F December 6, 1993 � .1 i,i Dennis Bristor 750 Preakness Lane Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Bristor: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority ..list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time 'to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. F 1 1 Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik dt Associates %.-A December 6, 1993 1 Stephen Syverson 760 Preakness Lane Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Syverson: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desote e, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates I 1 December 6, 1993 1 1 Douglas Kraushaar 767 Woodhill Drive Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Kraushaar: The City of Chanhassen has developed a Surface, Water Management Plan (SWMP) in an effort to protect the water. quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik &Associates 1 December 6, 1993 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 David and Tammy Weill 739 Woodhill Drive Chanhassen, MN 55317 Re: Water Quality Improvements, City Project No. 93 -6-1, File No. PW -201F Dear I& and Mrs. Weill: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer . °4 Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates I.. I 1 7 1 December 6, 1993 1 1 � 1 1 t 1 Joseph T. Morton 6911 Yuma Drive Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Morton: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority . list. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if.you have any questions. c: Dave Hempel, Assistant City Engineer <: Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates December 6, 1993 Jim Kurkowski 6901 Yuma Drive Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Re: Water Quality Improvements, City Project No. 93 -6 -1, File No. PW -201F Dear Mr. Kurkowski: The City of Chanhassen has developed a Surface Water Management Plan (SWMP) in an effort to protect the water quality of the City's wetlands and lakes. One of the primary goals of the Surface Water Management Plan was to establish a City-wide water quality improvement priority Mist. A wetland in your neighborhood has been identified as a potential area for water quality improvements. The proposed improvements include some excavating to provide additional water storage without raising the wetland's normal water level. At this point the planning phase of the project is drafted and we would like to inform you of the scope of the proposed improvements and solicit your comments. The project does not involve any additional assessments to your property. Funding will be through existing City water quality programs. We have scheduled the neighborhood meeting for Tuesday, December 14,1993 at 3:00 PM at Chanhassen City Hall. If you are unable to attend, please contact us to set up an alternative time to discuss the draft plans with you. Please contact me or Dave Hempel, Assistant City Engineer, at 937 -1900 if you have any questions. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DMD:ktm c: Dave Hempel, Assistant City Engineer' -` Paul Krauss, Planning Director Charles Folch, City Engineer Mike Wegler, Street Superintendent Phil Gravel, Bonestroo, Rosene, Anderlik & Associates t I 1 Vol 1 1 December 6, 1993 12/01/93 13:40 $612 452 5550 CAMPBELL KNL7SON 444 CHAN. CITY HALL 9 002/002 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. C -nrpbell (621 952 - 555 :L� F; r \. Knuts,in F :�x (6112) X52 -»> Thowas A1. Seort Garry 0. Fuchs Jnrc:cs R. Walswn Elhon B. Knetsch December 1, 1993 Eli :a1vth A. Lunar Andrea McRiwel, Rxhler I VIA FACSIMILE TRANSMISSION Mr. J. E. Brill, Jr. Siegel, Brill, Greupner & Duffy, P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 Re: Moon Valley Aggregate, Inc. vs. City of Chanhassen Court File No. 90 -27099 Our File No 12668/201 Dear Mr. Brill: This letter is in response to your November 30 correspondence concerning the restoration of the property to 1:5 to 1 slopes within 100 feet of the property line. As we discussed, if your client accepts the legal description line as the north boundary as opposed to the "fence line ", we would be willing to consider agreeing to an extension of the 120 -day time period (which would expire on or about December 30, 1993) in Judge Kanning's Order for restoring the slopes in.order for Zweirs to use material as it becomes available to him. Under no condition will we agree to the fence line as the boundary between the two parcels. I TMS:rlt cc: Mr. Paul Krauss (via fax) Best egards, C BELL, KNUTSON, S, P ) SCO T By: Thomas M. Scott t ite 31 i * Ea,;andal: Office Center • 1380 Corporate Center Curve 0 Eagan, NIN » 121 sonestroo ® Rosene Anderlik & Associates Engineers & Architects December 13, 1993 Mr. Charles Folch City of Chanhassen 690 Coulter Drive, Pa Box 147 Chanhassen, MN 55317 Ono G IAetwwu. PE •cone w *nrrer PE Af,"Al t *VW II*. P( M.u...t+ I arvru PC' WJUW t 6.rre.n 1.1 (,blur M f rsr% Y► vfu Irrn t " P F SOM to Sltyrrrrtu, PC fuw+ M (lwwB, CPA •vn.... nyoh" Re: Chanhassen Business Center Site Our File 39305 Dear Charles: I krwnd A t.wdraep. AE KOM A C«wrttm. P[ **"I It (tiatkrrr. Pr mtna W Artuea PE rf+wrt n f %it=. P.E MON% t Nuulk. AJ A. Only A 6nadw. P! Will A t(Wilin PE. mdrom t 4"ll"Um PE IN K (W P a n+tit t. YurgatOt. P6. (twrmx C Anger, Pp 1~4 Mallo w/. PE MMheN P R.x.. Pf. 1R1Q 1 PY^t'. Pr Apnea M RKIp. A IC P DORM W Pnew PE "MW C lynch. PE Molls R malkflp. PE Jefry 0. Plin Kn. PE Mi. a F Atttlhw. 1 #AVk R bth PE MWA A. Efftp P2 a,f W M "R. PE Oanbl J fornen. PI; AMA kk 1Mnld1. Pt Philp J cftlm. Pr This letter is to update you on the status of the construction at the Chanhassen Business Center Site. At the September 13, 1993 Assessment Hearing for Project 91 -17X the Developers for the site expressed some concerns about the condition that the site was left in after the City's trunk water main was installed. At that time the Council requested that they be updated on the outcome of the developer's concerns. In late September we had the contractor for the City's project complete some additional grading/shaping on the site. We also retested the compaction of the City's trenches to assure that proper density he had been met. The developer's forces have completed their utility and street construction. For a change, the weather cooperated and the work was able to be completed on time. The first phase of the development is presently ready for building construction. Last week I spoke with Dennis Dirlam and Fran Hagen II and they told me that they were satisfied with the way things worked out. I think that this matter can be put to rest. In the future we should be sure to keep the lines of communication open when trunk utilities cross property before it is under development. We've done a good job of that with Project 92 -5 and the Song property. Feel free to contact me if you have any questions or require any additional information. Sincerely, BONESTROO ROSENE ANDERLIK AND ASSOCIATES �µo IZ& R1 -17A Mx al it A" PA&% It IMrtu. rt I PrAtge f.eMl al. PI 14nen t _ Kriswo P C tiny E7 n8t01Ri E { r E brkt ratty PS toed, k VbW Pt t 1 4rpL P; Mown SAPrvn D Cwu /fan ►E t t me (jowl Pt rhipft% I I!O M P~Kky Hyyn M gtwte J/rrr.1 I t t•(P r �F� 1 M- CEIVED 1993 < r u►= C:HANHASSEN November 29, 1993 =-� B R W INC Dear Resident: Plannin you for your patience and understanding during the Transportation construction /reconstruction of West 78th Street and Trunk Highway 101 Engineering (TH 101) as a part of the TH 101 North Leg Project. As you probably are Urban Design aware, most construction activities for this year have been ceased as a result of cold weather conditions. Thresher Square 700 Third Street So. Minneapolis, MN 55415 612/370 -0700 Fax 612/370 -1378 Denver Milwaukee Minneapolis Orlando Phoenix Portland San Diego Seattle Construction will begin again next Spring to complete the remainder of the project. The remaining work includes final grading, sodding, tree and shrub planting, bituminous paving and the construction of a tennis court and small parking lot along the west side of TH 101 south of South Shore Drive. It is anticipated that all remaining work will be completed by July 1, 1994. If you have any questions or would like any additional information regarding the project, please feel free to contact me at 370 -0700 or the City Public Works Department at 937 -1900. Sincerely, BRW, INC. J n B. orn, PE roject Manager JBH /jal cc: Charles Folch /. Chanhassen City Engineer City Council (Admin 12/13/93) File 1480A.80 V11 Donald W. Ringrose Richard P. Wolsfeld 1!homas F. Carroll Craig A. Amundsen Inald E. Hunt John B. McNamara Richard D. Pilgrim Dale N. Beckmann Jeffery L. Benson Ralph C. Blum Gary Erickson John C. Lynch Paul N. Bay Sabri Ayaz Gary A. Ehret Anthony Heppelmann Arijs Pakalns Martha McPhee ]Howard P. Preston Dennis P. Probst Construction will begin again next Spring to complete the remainder of the project. The remaining work includes final grading, sodding, tree and shrub planting, bituminous paving and the construction of a tennis court and small parking lot along the west side of TH 101 south of South Shore Drive. It is anticipated that all remaining work will be completed by July 1, 1994. If you have any questions or would like any additional information regarding the project, please feel free to contact me at 370 -0700 or the City Public Works Department at 937 -1900. Sincerely, BRW, INC. J n B. orn, PE roject Manager JBH /jal cc: Charles Folch /. Chanhassen City Engineer City Council (Admin 12/13/93) File 1480A.80 V11 C: C N4A� Ad- S« I "Es POST1. C � N W T F � 2 n United States Postal Service November 29, 1993 City of Chanhassen Administrative Office 690 Coulter Dr. Chanhassen MN 55317 -9998 To: Donald J. Chmiel Mayor, Chanhassen In November a survey was sent to residents who live on Highway 41, Galpin Blvd., and Lake Lucy Road that border new developments in Chanhassen. They currently receive delivery from the Excelsior Post Office and we wanted to find out the willingness of these customers to change to Chanhassen delivery instead. Of the 59 surveys sent, 43 responses were received. Of those, 7 expressed a willingness to change to the Chanhassen Post office, 32 indicated that they were not willing to change and 4 were vacant /or had no opinion. Based on the results of the survey, those Chanhassen residents now served by the Excelsior Post office will continue to be served by that Post Office and will continue to use "Excelsior, MN 55331" as the last line of their mailing address. Robert W. Fisher District Manager Customer Service & Sales Northland District cc: T.L. Peterson, MOPS Ruth Intelkopfer, POOM PM, Chanhassen PM, Excelsior File r Ll 1, t L r r t 1 t r By Hollis Willeford Crown College is located about 10 min - tes west of Victoria on Cty. Rd. 30, 3ween Waconia and St. Bonifacius. tat in 1970, it was known as St. Paul .ble College until 1992 when the name ras changed. Last month, the school's board of trustees passed a recommendation to study the feasibility of public and private cooperative funding to build a Crown College -owned fitness center whose ser- vices would be made available to residents from the surrounding communities through fees and a membership plan. Bob Heinrich, vice president for Coll ege dvancement at Crown, was present at the 1ov. iS Victoria City Council meeting to orief councilmembes on the community center plan and test reaction to the basic cpncept. Citing the fact that western Carver and Hennepin counties do not have an indoor recreational facility for swimming, tennis, jogging and exercise fitness. Heinrich told council, "To make a long story short, we IL opportunity of doing something Victoria City Council From Page 1 fruition. Several communities have already been approached by Heinrich. "We're getting a lot of enthusiastic response from area mayors and city councils," he said. In addition to Mound, Heinrich also specifi- cally mentioned Waconia and St. Boni - facius. The Crown Community Centers mis- sion statement expresses a desire to "enhance a strong sense ofo s� and munity by providing q fitness opportunities with an emphasis on family and intergenerational activities." Heinrich said membership and usage fees will b kept affordable in order to serve as many families as possible. Mayor Dale Palmatier asked if control and operation of the facility would lx to respons ibility o f Crown College. Heinrich that is win-win-win for both the Crown College population and our regional com- munity -" Heinrich, unveiled an architectural ren- dering of one possible design for the building. Endming appr would sq. ft. of space, the proposed center offer varied recreational activities, and Heinrich used the Chaska Community Center as a comparison to what Crown College a nvidons. To pay for the community center, Crown C ollege is suggesting a three -part "Freitlming it costs $6 million, said Heinrich, 'the college would raise $2 million, another two could be raised by surrounding communities, and we see the .final $2 million coming in the form of a foundation grant." In addition to the funding issues, Crown College is asking that local govern- ments also agree not to build a Competing facility for a number of years. Heinrich said that Mound, for example, has agreed not to build a community center for 15 years if Crown College's plan comes to 'ib Page is 730 d yes, but added, OWbo awns it is not important as who is'behwswvwL. Heinrich asked council to pass a reWu- tion of encouragement for the Crown Community Center plan that he could take back to the board of trustees by mid - January. The Crown trustees intend to review this community center study for possible further development in February. 'I would be interested in seeing what details you come up with," said Mayor Palmatier. In other action, council approved a new city ordinance to regulate open burning and set a fee of not less than $10 to process the permit application. Oversight authority for open burning in Minnesota has recently been transferred from the Pollution Control Agency (PCA) to the Department of Natural Resources (DNR). and this new ordinance brings the City of Victoria into compliance with DNR regu- lations. Crown College presents commumLy center proposal to Victoria Council a December 16, 1993 r 1 t CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Mr. Brad Johnson Lotus Realty Services P. O. Box 235 , Chanhassen, MN 55317 Dear Brad: For the past two years the City has been involved with developing the Highway 5 Corridor Plan. The Plan has been completed but has languished on the desks of the Planning Commission due to the need to process a large volume of new development proposals. Their meetings have regularly gone past midnight making it impossible to address long term planning responsibilities. The City Council has sought to resolve this situation believing it to be far more important to have this type of planning effort completed before addressing ``short term development plans. In November, they considered imposing a moratorium on new development to give the Commission some breathing room. Instead, they supported my proposal to clear regular agendas and establish special meetings to expedite the review process. They gave me the authority to delay items and rearrange agendas to meet the goal of delivering the plan to them by early February. Consequently, the only non -Hwy. 5 item that will be scheduled for the January 5 meeting will be the Chaska School District building plans. No items will be heard on January 19 which is reserved for the Plan's Public Hearing. We will begin scheduling items for the February 2 meeting; however, I may need to book this meeting date as well if the Hearing is continued. ; I . J r �n �. r December 16, 1993 Page 2 At this time I have developed the following schedule. I regret any inconveniences this may cause. January S, 1994 Highway 5 Corridor Plan 6:30 p.m. School District #112 Plans &30 pan. February 2,1994 Highway 101 Realignment Official Mapping Hiscox Addition - Preliminary Plat Review Minnewashta Subdivision - HarsW Co. Chanhassen Corporate Center Concept PUD January 19,1994 Highway 5 Corridor Plan - public hearing February 16,1994 Market Square U - Site Plan Edina Realty/Wendy's Restawant Jehovah Witness Site Plan IWWs Great Plains Golf Estates - Preliminary Plat Sincerely, Z ..Al Paul Krauss, AICP Director of Planning pc: Planning Commission City Council Chanhassen Villager i71 December 16, 1993 Mr. Andrew Hiscox 7500 Erie Avenue Chanhassen, MN 55317 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Dear Mr. Hiscox: For the past two years the City has been involved with'developing the Highway 5 Corridor Plan. The Plan has been completed but has languished on the desks of the Planning Commission due to the need to process a large volume of new development proposals. Their meetings have regularly gone past midnight making it impossible to address long term planning responsibilities. The City Council has sought to resolve'this situation believing it to be far more important to have this type of planning effort completed before addressing short term development plans. In November, they considered imposing a moratorium on new development to give the Commission some breathing room. Instead, they supported my proposal to clear regular agendas and establish special meetings to expedite the review process. They gave me the authority to delay items and rearrange agendas to meet the goal of delivering the plan to them by early February. Consequently, the only non -Hwy. 5 item that will be scheduled for the January 5 meeting will be the Chaska School District building plans. No items will be heard on January 19 which is reserved for the Plan's Public Hearing. We will begin scheduling items for the February 2 meeting; however, I may need to book this meeting date as well if the Hearing is continued. �J December 16, 1993 Page 2 At this time I have developed the following schedule. I regret any inconveniences this may cause. January S, 1994 January 19,1994 Highway S Corridor Plan 6:30 p.m. , Highway S Corridor Plan - public hearing School District #112 Plans 8:30 p.m. February 2, 1994 February 16, 1994 Highway 101 Realignment Official Market Square 11- Site Plan Edina Realty/Wendy's Mapping Restaurant Hiscoz Addition - Preliminary Plat Review Jehovah Witness Site Plan Mimewashta Subdivision - Harstad Co. Halla's Great Plains Golf Estates - 'Preliminary Plat Chanhassen Corporate Center Concept PUD Sincerely, aul Krauss, AICP Director of Planning PC: Planning Commission City Council Chanhassen Villager Mr. Steve Schwanke RLK 1 [l CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 December 16, 1993 n 922 Main Street Hopkins, MN 55343 F Dear Mr. Schwanke: For the past two years the City has been involved with developing the Highway 5 Corridor Plan. The Plan has been completed but has languished on the desks of the Planning Commission due to the need to process a large volume of new development proposals. Their meetings have regularly gone past midnight making it impossible to address long term planning responsibilities. The City Council has sought to resolve this situation believing it to be far more important to have this type of planning effort completed before addressing short term development plans. In November, they considered imposing a moratorium on new development to give the Commission some breathing room. Instead, they supported my proposal to clear regular agendas and establish special meetings to expedite the review process. They gave me the authority to delay items and rearrange agendas to meet the goal of delivering the plan to them by early February. Consequently, the only non -Hwy. 5 item that will be scheduled for the January 5 meeting will be the Chaska School District building plans. No items will be heard on January 19 which is reserved for the Plan's Public Hearing. We will begin scheduling items for the February 2 meeting; however, I may need to book this meeting date as well if the Hearing is continued. r 1 December 16, 1993 Page 2 At this time I have developed the following schedule. I regret any inconveniences this may cause. January S, 1994 Highway 5 Corridor Plan 6:30 p.m. School District #112 Plans 8:30 p.m. February 2,1994 Highway 101 Realignment Official Mapping Hiscox Addition - Preliminary Plat Review Minnewashta Subdivision - Harstad Co. Chanhassen Corporate Center Concept PUD January 19, IM Highway 5 Corridor Plan - public hearing February 16, 1994 Market Square 11 - Site Plan Edina Realty/Wendy's Restaurant Jehovah Witness Site Plan Halla's Great Plains Golf Estates - Preliminary Plat Sincerely, Paul Krauss, AICP Director of Planning pc: Planning Commission City Council Chanhassen Villager -en December 16, 1993 it Mr. Paul W. Harstad Harstad Companies CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 2191 Silver Lake Road New Brighton, MN 55112 Dear Mr. Harstad: For the past two years the City has been involved with developing the Highway 5 Corridor Plan. The Plan has been completed but has languished on the desks of the Planning Commission due to the need to process a large volume of new development proposals. Their meetings have regularly gone past midnight making it impossible to address long term planning responsibilities. The City Council has sought to resolve this situation believing it to be far more important to have this type of planning effort completed before addressing short term development plans. In November, they considered imposing a moratorium on new development to give the Commission some breathing room. Instead, they supported my proposal to clear regular agendas and establish special meetings to expedite the review process. They gave me the authority to delay items and rearrange agendas to meet the goal of delivering the plan to them by early February. Consequently, the only non -Hwy. 5 item that will be scheduled for the January 5 meeting will be the Chaska School District building plans. No items will be heard on January 19 which is reserved for the Plan's Public Hearing. We. will begin scheduling items for the February 2 meeting; however, I may need to book this meeting date as well if the Hearing is continued. '4A December 16, 1993 Page 2 At this time I have developed the following schedule. I regret any inconveniences this may cause. January S, 1994 Highway S Corridor Plan 6:30 p.m. School District #112 Plans 8:30 p.m. February 2, 1994 Highway 101 Realignment Official Mapping Hiscox Addition - Preliminary Plat Review Minnewashta Subdivision - Hatstad Co. Chanhassen Corporate Center Concept PUD January 19,1994 Highway 5 Cw idor Plan - public hearing February 16,1994 Market Square 11 - Site Plan Edina Realty/Wendy's Restaurant Jehovah Witness Site Plan Halla's Great Plains Golf Estates - Preliminary Plat Sincerely, Paul auss, AICP Director ofYlanning pc: Planning Commission City Council Chanhassen Villager "/ M Project Arboretum Boulevard Project No. 652323.90300 Date December 15, 1993 By Deborah Porter Meeting Report Meeting Location City Hall, Chanhassen Meeting Date 12/13/93 Participants , Summary Mayor Don Chmiel, City of Chanhassen Bill Crawford, Barton - Aschman Don Ashworth, City of Chanhassen Deb Porter, Barton - Aschman ' Paul Krauss, City of Chanhassen Dave Warzala, Barton - Aschman , Kate Aanenson, City of Chanhassen ' Charles Folch, City of Chanhassen Another possible strategy for funding assistance by MnDOT was discussed as part of the Audubon Road/TH 5 /Arboretum Boulevard intersection improvements. Because of the ' dangerous ingress /egress conditions at the Lake Ann Park entrance and the anticipated increased traffic on Audubon Road, it seems that reconstruction and signalization of this ' intersection is a critical need and may qualify as an interim safety improvement type of project by MnDOT and therefore, receive some state funding. This possibility will be investigated by Bill Crawford. The ultimate design of this intersection would be constructed ' with the TH 5 project scheduled for 1998. Barton - Aschman Associates, Inca 111 Turd Ave soutb • Minneapolis, Mx 55401 • C3' 6�lEU BA will proceed in reliance on this report. Any discrepancies should be brought to our attention iAbi* 6 1993 within (7) da CITY OF CHANHASSEIS Summary A follow -up meeting was held with the Chanhassen city staff and Mayor to discuss the funding status and the environmental review schedule of the Arboretum Boulevard project. As was summarized in the minutes of the October 7, 1993, meeting on these issues, the , situation is bleak as to the availability of state /federal funding for projects such as Arboretum Boulevard. Based on discussions with MnDOT personnel, it appears that roadway projects that are not considered "priority projects" (i.e., safety improvements and maintenance types of ' projects) should not expect funding within the next 5 to 10 years. Although this situation may improve as a result of legislative or political changes in years to come, it should be assumed that if the City of Chanhassen wants all or portions of Arboretum Boulevard , constructed within the next few years, the financing of this project will be the responsibility of the city. ' It is still possible that at some future date, MnDOT would designate some state /federal monies to the project as part of an advanced funding package as explained in the October 7 meeting , minutes. Another possible strategy for funding assistance by MnDOT was discussed as part of the Audubon Road/TH 5 /Arboretum Boulevard intersection improvements. Because of the ' dangerous ingress /egress conditions at the Lake Ann Park entrance and the anticipated increased traffic on Audubon Road, it seems that reconstruction and signalization of this ' intersection is a critical need and may qualify as an interim safety improvement type of project by MnDOT and therefore, receive some state funding. This possibility will be investigated by Bill Crawford. The ultimate design of this intersection would be constructed ' with the TH 5 project scheduled for 1998. Barton - Aschman Associates, Inca 111 Turd Ave soutb • Minneapolis, Mx 55401 • C3' 6�lEU BA will proceed in reliance on this report. Any discrepancies should be brought to our attention iAbi* 6 1993 within (7) da CITY OF CHANHASSEIS I Project Arboretum Boulevard Page Two Meeting Report conrd The schedule was discussed for the remainder of the public and agency review of the Environmental Assessment document for Arboretum Boulevard. The next- steps in this review process are for the Planning Commission to recommend a preferred alternative for the roadway (which is identified in the draft EA); this recommendation is reviewed by the City Council and decision is made as to the approval of the preferred alternative and release of the ' EA document for public and agency review. A public hearing on the project would be held during the official 30 -day comment period. It is anticipated that these steps can occur during January through March of 1994. ' Deborah Porter will prepare a schedule of events for the remainder of the EA review process. ' Another issue that was discussed concerns the completion of the Section 4f /6f process included in the EA document. i This requires replacement land for right -of -way takings within Lake Ann Park. It was decided that the planned 20 -acre park facility located adjacent to the new elementary school to be constructed in 1994 would serve as replacement acreage for the Lake Ann Park impacts. ' This information will be incorporated in the EA document. L 1� Deborah Porter will contact Evan Green - MnDOT and Jim McCarthy - FHWA to determine the time frame for obtaining signatures from these agencies on the cover sheet of the EA document. These signatures plus the city's sign -off must be completed prior to release of the EA for public review. M.- Barton- Aschman Associates, Inc 111 7bird Ave South • Minneapolis. NN 55401 • (612) 332.0421 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. PLANNING 8 ZONING DEPARTMENT (612) 361 -1820 (612) 442 -4468 Ext. 1820 (612) 446 -1722 Ext. 1820 COUNTY OF CAQVEI2 December I6, 1993 CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 16 CHASKA, MINNESOTA 55318 -2185 1 Mr. Paul Krauss City of Chanhassen 690 Coulter Drive , PO Box 147 Chanhassen, MN 55317 Dear Mr. Krauss: ' Enclosed please find a check to reimburse you for A small portion of the work you did in administering ' the interim wetland program under the Wetland Conservation Act of 1991. Thank you for your cooperation. , Sincerely, Virginia Harris , Director of Planning & Zoning Sw'v. C' ca C cow 7'�J 2 U 5 Li 2� Affirmative Action/Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10% Post Consumer Waste 1 1- 1 t I NDOR NO. 151 DESCRIPTION INVOICE NUMBER NOVEMBER SETTLEMENT JJ/ ARM - ARDOYNO - 3VO / ARM - WESTIN SPORTS ADMIN WETLAND BWSR GRANT 1 1 1 PLEASE DETACH BEFORE DEPOSITING 12/17/93 CHECK NO. 4309f AMOUNT ACCT# /SVC DATES TOTAL 19151.60 75- 820 - --6850 25900 75- 820 -- -6850 50.00 75- 820 -- -6850 19217.69 75- 820 -- -6350 CARVER COUNTY • CHASKA, MN 55318 29454.2 1 ' 690 COULTER DR. • P.O. BOX 147 RECEIPT CITY OF CHANHASS�N PHONE: 7- 19W5317 47086 ' PHONE: (612) 937 -1900 k � J i 4 ple- RECEIVED OF i TOTAL AMOUNT d DEPUTY TREASURER ----------- -------------- ---------------------- ------- -- r--- -- - - -- DESCRIPTION PERM/LIC. AMOUNT FUND RCE OSJ. PROM 1'l1 CHECKJR, CASH ❑ COMMITTEE ON AGRICULTURE SuscoMMrrTEEs: GENERAL FMM CDMMompas SPECIALTY CROK AND NATURAL RESOURCES Ewo"MMENf, CREDIT, AND Rum DEVELOPMENT COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY SUBCOMMITTEES: TEgINOLooY, ENvIRoNMENT AND AvMTm SCIENCE IDabib hinge Congregm; of the Mniteb otates; *ouoe of Aepreoentatibeo 2b Migtrict, Minneota December 20, 1993 Mayor Don Chmiel 690 Coulter Drive Chanhassen MN 55317 DISTRICT OFFICES: WASHINGTON OFFICE: 1508 LONGwoRTH BUILDING WASHINGTON, DC 20515 (202) 225 -2331 DISTRICT OFFICES: (SOUTH TowN PLAZA) 542 FIRST STREET SOUTH MONTEVIDEO, MN 56265 J612)289-9311 (CITY SQUARE) 108 EAST THIRD STREET CHASKA, MN 55318 (612) 448 -6587 (COURTHOUSE SQUARE) , 936 FOURTH AVENUE P.O. Box 367 WINDOM MN 56101 (607) 831 -0115 ToILFREE 1800►- 453 -9392, r] Dear Don Chmiel: I would like to personally invite you to participate in a Town Meeting I will be having in Chanhassen at the City Council Chambers, 690 Coulter Drive, on Wednesday, January 12, 1994. The meeting will be from 7:00 p.m. to 9:00 p.m. and will have an open agenda. I want to hear the concerns of you, the constituent. The agenda may include health care, NAFTA, ethanol, the Brady Bill, , term limits or any other issue you see of concern. I understand the constituent often feels that decisions are made ' far away in Washington with little regard for how they might effect the district. I came to Congress to bring your voice to bear on the decisions that have a direct impact on all of us. That is why the open line of communication and this town meeting can only ' enhance my service to the citizen's and business's of the district. I won't promise that we will always agree, but I will do my best to represent your views in Congress. I look forward to seeing you and listening to your concerns on January 12, 1994. Please call Marcy J. Waritz at my Chaska office (612) 448 -657 if you have any ' questions regarding the meeting. r1 Sincerely, DAVID MINGE ' Member of Congress DM:ajc tit, 1 THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS I Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Telephone No. 582 -1286 SUBJECT: S.P. 2701(5= 121)901 Parcels 202E and 202C 0.2 Miles West of Dell Road in Chanhassen RECONVEYANCE REQUEST This letter is to follow -up on your request, on behalf of the City of Chanhassen, to acquire the surplus highway right of way located on the southerly side of Trunk Highway Number 5, and approximately 0.2 miles west of Dell Road, in Chanhassen. ' I an pleased to inform you that the Metropolitan Division Office has now submitted a recommendation to the Office of Right of Way and Surveys, located in St. Paul, who will contact you after they have prepared an appraisal and drafted ' the legal documents necessary to consummate the sale of the subject property. Should you have any further questions regarding this matter, please feel free to contact Mr. Mary Martin in our St. Paul Office,. 296 -8647. Sincerely, Axel E. Ridell, Jr. Right of Way Technician An Equal Opportunity Employer December 29, 1993 Mr. Paul Krauss, AICP Director of Planning City of Chanhassen ' 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Krauss: SUBJECT: S.P. 2701(5= 121)901 Parcels 202E and 202C 0.2 Miles West of Dell Road in Chanhassen RECONVEYANCE REQUEST This letter is to follow -up on your request, on behalf of the City of Chanhassen, to acquire the surplus highway right of way located on the southerly side of Trunk Highway Number 5, and approximately 0.2 miles west of Dell Road, in Chanhassen. ' I an pleased to inform you that the Metropolitan Division Office has now submitted a recommendation to the Office of Right of Way and Surveys, located in St. Paul, who will contact you after they have prepared an appraisal and drafted ' the legal documents necessary to consummate the sale of the subject property. Should you have any further questions regarding this matter, please feel free to contact Mr. Mary Martin in our St. Paul Office,. 296 -8647. Sincerely, Axel E. Ridell, Jr. Right of Way Technician An Equal Opportunity Employer Bonestroo Rosene Anderlik & Associates Engineers & Architects December 23, 1993 'J 1 Mr. Paul Krauss City of Chanhassen 690 Coulter Dr. Chanhassen, MN 55317 Re: Comp Plan Amendments City Project 91 -12A Our File No. 39321 Dear Paul: I spoke with Lynda Voge and Barb Senness at the Met Council concerning amending Chanhassen's Comprehensive Plan to include the Comprehensive Sewer Policy Plan and the Water Supply and Distribution Plan. They told me that this would require a Major Amendment and that they would assign the project internally when the amendment is submitted. . We could prepare the amendment for your submission and assist you with the process. I don't think there will be too much time required. I estimate that our fees would be between $2,000 and $2,500 on a per diem basis. The Comprehensive Sewer Policy Plan was prepared according to Met Council guidelines. Therefore, their review should be fairly routine. The review of the water plan should also be fairly routine, except that they will probably require the City to add a water eonservatiOn program due to recently passed legislation. Feel free to contact me if I can be of further assistance. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES Phil Gravel cc: Charles Folch R 'eCE1 V ED V y n I 4� [ - I 2335 West Highway 36 9 St. Paul, MN 55113 • 612 - 636 -4600 i � Otto G. 8onesnoo, P.E. Howard A. Sanford. P.E. Michael P. Rau. P.E. Marc D. WAl P.E. Robert W. Rosen. RE.* Keith A. Gordon. P.E. Philip J. Pyn. P.E. Miles B. Jensen, P.E. Joseph C. Anderkk. P.E. Robert R. PleRerle. P.E. Agnes M. Ring. A.IC.P. L. Phillip Gravel Ill. PE. Marvin L. Sorvala. PE. Richard W Foster. PE. Thomas W. Peterson. P.E. Karen L. Wiemeri. P.E. Richard E. Turner. P.E. David o. Loskota. P.E. Michael C. Lynch. P.E. Gary D. Knstofitz. P.E. Glenn R. Cook. P.E. Robert C. Russek. A.I.A. James R. Ma". P.E. F Todd Foster. P.E. Thomas E. Noyes. PE. Jerry A. Bourdon. P.E. Jerry D. Pertzsch, PE. Keah R. Yapp. P.E. Robert G. schwkm PE. Mark A. Hanson, PE. Kenneth P. Anderson. PE. Douglas J. Bengt. P.E. Susan M. Eberkn. C.PA. Michael T RaWnarrn. P.E. Mark R. Ibfi PE. Shawn D. Gustafson. P.E. *Senior ConswUnt Ted K. Field. P.E. Mark A. Seip, P.E. Ceclio Olivier. PE. Thomas R. Anderson. A.I.A. Gary W. Mow. PE. Charles A. Erickson DorWd C. Wgiv t. P.E. Daniel J. Edgerton. P.E. Leo M. Pawalsky Thomas E. Angus. P.E. Alan Rick Schmidt. PE. Harlan M. Olson Ismael Martinez. P.E. Philp J. Casvvel. P.E. James F. Engelhardt 'J 1 Mr. Paul Krauss City of Chanhassen 690 Coulter Dr. Chanhassen, MN 55317 Re: Comp Plan Amendments City Project 91 -12A Our File No. 39321 Dear Paul: I spoke with Lynda Voge and Barb Senness at the Met Council concerning amending Chanhassen's Comprehensive Plan to include the Comprehensive Sewer Policy Plan and the Water Supply and Distribution Plan. They told me that this would require a Major Amendment and that they would assign the project internally when the amendment is submitted. . We could prepare the amendment for your submission and assist you with the process. I don't think there will be too much time required. I estimate that our fees would be between $2,000 and $2,500 on a per diem basis. The Comprehensive Sewer Policy Plan was prepared according to Met Council guidelines. Therefore, their review should be fairly routine. The review of the water plan should also be fairly routine, except that they will probably require the City to add a water eonservatiOn program due to recently passed legislation. Feel free to contact me if I can be of further assistance. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES Phil Gravel cc: Charles Folch R 'eCE1 V ED V y n I 4� [ - I 2335 West Highway 36 9 St. Paul, MN 55113 • 612 - 636 -4600 i � AV CHANHASSEN VISION 2002 Minutes. of Ad Hoc Committee Meeting ' The Ad Hoc Vision 2002 committee met for the first time on Tuesday, December 7, 1993. During this meeting, the role of the committee and the summaries of Focus Group Sessions 1 and 2 were presented by Fred Hoisington and Tracey Secula. ' Discussion about the responses from Focus Group Sessions 1 and 2 resulted in some changes to the general vision statement. Comments were made to generalize housing and include human elements and transit use. Because of these suggestions, the general vision statement is revised as follows: Chanhassen's City Center must reach out to all persons, creating a center that serves as the focal point for excellent public services, abundant retail opportunities and outstanding entertainment, recreation and cultural activities. This center must build upon the unique elements of Chanhassen's image; preserve and enhance its historic and natural features; maintain a safe, friendly "small town" atmosphere that reinforces a sense of community; provide convenient housing; establish a pedestrian friendly environment that creates opportunities for human interaction, through access and building orientation; define logical circulation patterns for vehicles and convenient access for transit users; expand and restructure public services to better serve Chanhassen's residents; and capture redevelopment opportunities that are sensitive to the environment and to the people. For the remainder of the evening; element concepts from Focus Group Session 2 were covered in further detail. Discussion over these elements resulted in many comments about location, aesthetics, cost and feasibility of land use and design decisions. Other comments ' included the need for more background information. 1 In conclusion, there was general agreement on the results of Focus Group Sessions 1 and 2, and the revised vision statement. However, it was also agreed that all facilities or elements should be evaluated at a variety of locations in the context of two or three schematic alternatives and that the pros and cons of each should be presented for the various locations. The committee agreed that before they could review specific alternatives, more background information would be needed in order to fully understand the implications and reasons for land use, design and locational decisions. The second Ad Hoc committee meeting will be held on January 25th, at 7:00 p.m. in the City Council Chambers. FzFCE DEC 131993 CIT`l OF CHANHAS51-14 L� 1 The following list indicates the persons in attendance at the first Ad Hoc committee meeting. Marilee Welch Vemelle Clayton Jim Bohn George Dorsey Fred Prinz Kitty Sitter Ben Gowen Lue Ann Wallentine ' Joe Betz Sandy Nagel Al Klingelhutz James Domholt Nancy Mancino Susan Markert Lad Conrad Dick Wing Don Chmiel Todd Gerhardt Fred Hoisington, HKG Tracey Secula, HKG , L� 1 1 t 1 L s ft .r 1 . . Az ../v A4, CA ; 7 , _ NJ -0� NO AY Current 01993 CURRENT, INC., COLORADO SPRINGS, CO 80941 PRWW w THE U.S.A. 98 1-ft MEMORANDUM TO: FROM: DATE SUBJ: C OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 Keith McKinley, Park Laborer L Charles Folch, Director of Public Works/City Engineer December 23, 1993 Permanent Employment Status , I have been informed that you have recently completed your six -month probationary period with the City of Chanhassen Park Maintenance Department. Your supervisor has described you as being a hard - working and very dependable employee and recommends that you be upgraded to full -time permanent status with the City. I congratulate you on your efforts I am very pleased to have you as a member of our talented team. ktm c: Don Ashworth, City Manager Jean Meuwissen, Treasurer Dale Gregory, Park Superintendent Todd Gerhardt, Assistant City Manager City Council Administrative Packet (1/10/94) f .,. t� i n e -e �'?'r* SOUTHWEST CORRIDOR TRANSPORTATION COALITION 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 December 23, 1993 Governor Arne Carlson Office of Governor State of Minnesota ' 130 State Capitol St. Paul, MN 55155 Commissioner James Denn Commissioner of Transportation State of Minnesota Transportation Building John Ireland Blvd St. Paul, MN 55155 Re: Authority to Use Demonstration Grant Funds to Fund Toll Road Feasibility Study Dear Governor Carlson and Commissioner Denn: I am President of the Southwest Corridor Transportation Coalition. It is a non - profit corporation which was formed to advocate improvements to Trunk Highway 5 and construction of a new U.S. Highway 212 between Interstate 494 in Eden Prairie and Cologne. This project: AJL63003 LA600 -S1 • has been proposed since the 1940s as a bypass of Chaska and the unsafe conditions existing on U.S. 212 and U.S. 169 in Chanhassen and Eden Prairie; _ • is essential to provide a 4 -lane warm to - m &rket road from southwestern Minnesota to the metropolitan area, since there is no 4 -lane farm -to- market road serving southwest- ern Minnesota between U.S. 169 and I -94; • has received final approval of its Environmental Impact Statement; • has been the subject of $10.4 million in federal demon- stration grant funds; • is the subject of scheduled right -of -way acquisition and ' design under the transportation improvement program (TIP) during fiscal years 1994, 1995, and 1996; AJL63003 LA600 -S1 1 • the 212 project has a number of attributes which make it potentially appropriate for toll financing; and • although a number of potential investors have expressed interest in the Highway 212 project as a potential toll ' facility, they are hesitant to proceed with further evaluation of the project without completion of a toll feasibility study (and they are unwilling to undertake , such a toll feasibility study themselves). Due to a lack of consensus among the legislature and your adminis- tration concerning the need for and means of implementing general LN400 -51 LA�00 -S1 Governor Arne Carlson Commissioner James Denn Page 2 , December 23, 1993 • has been the subject of a substantial amount of right of way acquisition by the City of Eden Prairie and the City of Chaska pursuant to the Right of Way Acquisition Loan Fund (RALF); and • is the subject of broad, local support among affected local units of government. Because of substantial new delays in scheduled letting dates for construction of new Highway 212, our organization, on behalf of and in addition to the affected local units of government, urges that MnDOT authorize use of not to exceed $75,000.00 from the $10.4 million Demonstration Grant Funds previously allocated and appropriated by Congress for a study of the feasibility of con- structing all or a portion of a new Highway 212 project as a toll facility. However, if you approve use of the Demonstration Grant Funds for this purpose, we ask that you do not delay any other work which MNDOT or its consultants may be planning to undertake on the project during the period of the toll feasibility study and that you not remove the U.S. 212 project from the MNDOT construction program. We are of the opinion that toll financing maybe feasible method of financing a portion of project costs, but not all project costs. It is our opinion that such a toll feasibility study is essential in order to determine the extent, if any, to which Highway 212 could be successfully funded, in whole or in part, as a toll project: • without toll financing, the Highway 212 project is not likely to be funded for construction by MNDOT for several years; • toll financing is unlikely to be sufficient as a sole source of financing for the 212 project; • the 212 project has a number of attributes which make it potentially appropriate for toll financing; and • although a number of potential investors have expressed interest in the Highway 212 project as a potential toll ' facility, they are hesitant to proceed with further evaluation of the project without completion of a toll feasibility study (and they are unwilling to undertake , such a toll feasibility study themselves). Due to a lack of consensus among the legislature and your adminis- tration concerning the need for and means of implementing general LN400 -51 LA�00 -S1 h � 1 IJ L� i Governor Arne Carlson Commissioner James Denn Page 3 December 23, 1993 increases in transportation funding, the current lack of sufficient funding for new highway construction projects is likely to continue for the indefinite future. Based on the foregoing, we respectfully request that you authorize use of $75,000 of the Demonstration Grant Funds previously authorized for use by MNDOT on the Highway 212 project for preparation of an economic feasibility study of the possible use of toll financing of a portion of the proposed Highway 212 project. We purpose that the study be undertaken by nationally recognized expert in this field. If you have any questions concerning this matter, we would be happy to meet with you or otherwise respond as you deem appropriate. V t ly ours, Robert J. Lin 1 , esident Southwest Cor or Transportation Coalition, Chaska City Councilmember RJL:sd cc: Representative Carol Molnau Senator Terry Johnston Senator Edward Oliver Representative Tom Workman Senator Roy Terwiliger Representative Sidney Pauly Representative Darrel Mosel Commissioner Randy Johnson, Hennepin Co. Commissioner Tracy Swanson, Carver Co. Commissioner John Siegfried, Carver Co. Commissioner Earl Gnan, Carver Co. Mayor Doug Tenpas, Eden Prairie Carl Jullie, City Administrator, Eden Prairie Mayor Don Chmiel, Chanhassen Don Ashworth, City Administrator, Chanhassen Dave Pokorney, City Administrator, Chaska Mayor Bob Roepke, Chaska Mayor Tom Griep, Carver Joe Culhane, McLeod Co. Administrator Mark Larson, City Administrator, Glencoe Don Frederick, City Administrator, Olivia James Norman, City Administrator, Renville William Lavin, City Manager, Granite Falls Darrell Sudheimer, Waconia Chamber of Commerce Paul Wickenhauser, Mayor, Cologne John Lano, Mayor, Norwood Rn53003 LM400 -51 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. - Attorne)•s at Law 4w"., 1.4- 1 e e r i t - .44 Thomas). Campbell (612) 452.5000 Roger N. Knutson Fax (612) 452 -5550 Thomas 1v1. Scott Gary G. Fuchs James R. Walston December 27, 1993 Elliott B. Knetsch Elizabeth A. Lunzer Andrea McDowell Poehler 7 Mr. Lawrence A. Moloney w Doherty, Rumble & Butler, P.A. 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 -4235 Re: Frank Beddor, Jr., et al. vs. City of Chanhassen, et al. Court File No. C9 -93 -1111 Our File No. 12668/310 - Dear Mr. Moloney: Enclosed herewith and served upon you please find Defendants' Reply Memorandum in Support of its Motion for Summary Judgment, Affidavit of Sharmin Al -Jaff and Affidavit of Charles D. Folch in the above - entitled matter. Best regards, CAMPJFCHS, LL, KNUTSON, SCOTT & P.A. : Y B omas M. Scott TMS:cjh Enclosure cc: Mr. Don Ashworth , Mr. Paul Krauss C FA• ��y f' l.. m.' Cii "M' Uf Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. - Attorneys at Law Thomas J. Campbell (612) 452 -5000 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch Elizabeth A. Lunzer December 27, 1993 Andrea McDowell Poehler District Court Administrator Carver County Courthouse 600 East Fourth Street Chaska, Minnesota 55318 Re: City of Chanhassen vs. Frank Beddor, Jr., et al. Court File No. C9 -93 -1111 Dear Sir or Madam: Enclosed for filing in the above - entitled condemnation matter please find the Defendants' Reply Memorandum in Support of its Motion for Summary Judgment, Affidavit of Sharmin Al -Jaff, Affidavit of Charles D. Folch and an Affidavit of Personal Service. If you have any questions regarding this matter, please do not hesitate to contact the undersigned. Thank you for your cooperation in this matter. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS; .P.A. By: ThoThas M. Scott TMS:cjh Enclosure / cc: Mr. Don Ashworth ✓ Suite 317 • Eagandale Office Center 1380 Corporate Center Curve • Eagan, MN .55121 STATE OF MINNESOTA COUNTY OF CARVER Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Plaintiffs, VS. City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil Civil No. C9 -93 -1111 DEFENDANT CHANHASSEN'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT INTRODUCTION This Memorandum is submitted in response to "Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment." The evidence submitted by Plaintiff buttresses the City's position that there is no material adverse affect on the environment as a result of this road project and that Plaintiffs' Complaint should be dismissed. ARGUMENT I . THE PROJECT PLAINTIFFS SEER TO ENJOIN IS THE CITY'S CONSTRUCTION OF NEZ PERCE DRIVE. The extension of Nez perce Drive to Pleasant View Road has been planned since 1989. It has been built in sections as the area was developed. This last 800 -foot length (including the upgrading of Peaceful Lane) is being built by the City at this time because the final undeveloped land in the area has now been 11060 subdivided into the 13 -lot Tower Heights Addition. Access to Tower Heights is by a cul -de -sac street off of the extended Nez Perce Drive. As part of the City project extending Nez Perce to Pleasant View Road, the City would also build the approximately 200 foot length of road servicing the Tower Heights Addition up to the boundary of plat. The developer is installing the street and all other utilities within the subdivision. Plaintiffs are now contending that its Minnesota Environmental Rights Act (MERA) claim in this lawsuit includes the City's approval of the preliminary plat for the Tower Heights ' Addition and that the Petition for an Environmental Assessment d the Tower Heights Worksheet (EAW) include Plat. g As to the MERA claim, Plaintiffs' Amended Complaint clearly ' defines the proposed project as that "set forth in a Feasibility Study done for the City of Chanhassen dated July 8, 1992" (Amended Complaint, Paragraph 6). The Feasibility Study relates only to the City project involving the extension of Nez Perce Drive and not the developer - installed improvements within the Tower Heights Plat. In Count One of its Amended Complaint, Plaintiffs allege that "Chanhassen's proposed project is conduct- that will immediately adversely affect or is likely materially adversely affect the air, land, and water or other natural resources in violation of Minn. Stat. §116B.04." Likewise, the Petition for the preparation of an EAW related only to the City's project to extend Nez Perce. In Paragraph 12 of the Amended Complaint, Plaintiffs allege that "a petition was filed with the Environmental Quality Board requesting an 10279 2 11/24/93 t environmental assessment worksheet for the proposed project." In Count II of the Amended Complaint, Plaintiffs allege entitlement to an injunction "prohibiting the City of Chanhassen from commencing construction on the proposed project until an environmental assessment worksheet has been properly prepared and considered. 1 Nowhere in the Amended Complaint do Plaintiffs allege either that they are challenging the City's approval of the Tower Heights Plat, that the development activities within the plat are part of their MERA claim or that the EAW petition included the Tower Heights Plat. This action is against the City for its ' project involving the extensio n of Nez Perce Drive. I THE 13 -LOT TOWER HEIGHTS SUBDIVISION IS EXEMPT FROM ANY EAW REQUIREMENT. An EAW is primarily for the purpose of determining whether an Environmental Impact Statement (EIS) is needed for a proposed project. Minn. Rule 4410.1000 Subpart 1. There are mandatory EAWs for certain types of projects, Minn. Rule 4410.4300, discretionary EAWs where the government unit determines that the project "may have the potential for significant environmental effects, and the project is not exempt Minn. Rule 4410.4500, and there are projects that are exempt from EAWs, Minn. Rule 4410.4600. one type of project that is completely exempt from the EAW requirement is the "construction of a sewered residential development of ... less than 20 units in a third or fourth class 10279 3 11/24/93 1 city." Minn. Rule 4410.4600, Subpart 12A.(2). The Tower Heights Addition has 13 single family homes. If a petition for an EAw relating to the Tower Heights Plat was filed, it would have been denied because of the exemption. III. THE EVIDENCE SUBMITTED BY PLAINTIFFS IN OPPOSITION TO THE CITY'S MOTION FOR SUMMARY JUDGMENT FULLY SUPPORTS THE CITY'S POSITION i THAT THIS RESIDENTIAL ROAD PROJECT HAS NO MATERIAL ADVERSE IMPACT ON THE ENVIRONMENT. As discussed in the City's initial Memorandum, in order to avoid dismissal of its MERA claim, Plaintiffs must demonstrate that this City project is likely to have a material adverse affect on a protectable natural resource. The natural resources that Plaintiffs contend will be materially impacted are water, trees and quietude. The claimed material impact on water quality is incredibly based upon the fact that the drainage from the new street will flow into a state -of -the art pond engineered to improve water quality. The impact to trees is based upon the removal of ten trees by the City in connection with the Tower Heights Plat. It is undisputed that there are two apple trees and Plaintiff Beddor's newly - planted nursery stock located within the Nez Perce Drive extension itself. Finally, Plaintiffs contend that the street cannot be constructed because there will be some increased traffic noise which will impact their quietude. Plaintiffs' own traffic and noise experts do not even establish that the increased noise will be noticeable. 10279 , t�=ft 4 11/24/93 1 DRAINAGE /PONDS The Nez Perce Drive extension will have curb and gutter with the drainage from the street going into the recently- constructed pond on Plaintiff Beddor's property. In May of 1992, as part of the City's effort to inventory and classify wetlands within the City, the City's consulting engineers observed the then two separate ponds on Plaintiff Beddor's property. The pond on Vineland Lot 5 was designated as a natural wetland. The adjacent pond in the Troendle Addition to the east was classified as a utilized wetland. Under Chanhassen's wetland ordinance, adopted in December of 1992, a utilized wetland is "a water body created for the specific purpose of surface water runoff retention and /or water quality improvements." It is not considered a wetland and a wetland alteration permit is not needed. Chanhassen City Code Section 20.403. Areas shown on the officially adopted City wetland maps are prima facia evidence of their status, with an applicant who proposes any alteration to a wetland having the right to produce evidence that the classification is incorrect. City staff has the right to change the designation shown on the . official map. (Chanhassen City Code Section 20 -403). It is undisputed that on September 4, 1992, the City issued a grading permit to Plaintiff Beddor which allowed him to combine these two ponds into the one larger pond that exists today. As part of that permit application, City staff agreed with the position taken by Beddor and other regulatory entities that the pond on Vineland Lot 5 into which the drainage form Nez Perce 10279 5 11/24/93 1 t 1 1 1 1 1 1 1 a will flow was not a protected wetland. (Hempel Aff'd. Paragraph 10; Ex. C to Hempel Aff'd) The excavation work was done in late 1992 and completed in 1993. Beddor granted the City an easement for drainage purposes over this combined pond. Additionally, Beddor is obligated as a condition of the grading permit to incorporate any modifications to the storm sewer improvements as a result of the approved feasibility study for the extension of Nez Perce Drive. (Aff'd. of Charles Folch) In sum, it is undisputed that the pond into which the runoff from Nez Perce will flow is not a protected wetland; to the contrary, it has been extensively excavated and engineered to be part of the City's storm water system, with the extension of Nez Perce Drive specifically contemplated. When the plans and specifications for Nez Perce are developed, which will include I the specific engineering calculations on storm runoff, modifications to the pond may be needed so that the pond continues to meet design standards for water quality purposes. 1 (Aff'd. of Charles Folch) Any historic confusion over the two previously existing separate ponds is irrelevant. There is now one engineered, utilized drainage pond. TREES Plaintiffs do not dispute the fact that two apple trees and the recently - planted nursery stock are all the trees within the construction limits of the Nez Perce Drive extension. Plaintiffs' planner, Daryl Fortier, is right that there are ten trees which will be removed from the property to be acquired by the City which are within the right -of -way that will service the 10279 6 11/24/93 Tower Heights Plat. The remaining trees Fortier discusses are within the Tower Heights Plat itself. While Plaintiffs have not challenged the City's approval of the Tower Heights Subdivision in this action, a few comments are necessary to cover omissions in Plaintiff's material regarding trees within the plat. Chanhassen has extensive tree preservation standards in subdivision ordinance. (City Code Section 18 -61) The tree inventory for the Tower Heights Addition identifies 109 trees on the site. There will be 33 trees removed, the majority of which results from home construction within the subdivision. The developer's tree replacement plan provides for the planting of 62 replacement trees throughout the subdivision. Virtually every subdivision in Chanhassen involves some impact on trees. There is nothing unusual about this plat. The minimal loss of trees does not form a basis for a claim under the Minnesota Environmental Rights Act. TRAFFIC As discussed in the City's memorandum in support of this motion, freedom from some increase in noise resulting from traffic on a previously- designated collector street going by a suburban home is not a protectable natural resource under the Minnesota Environmental Rights Act. The affidavits of Plaintiffs' traffic and noise experts, James Benshoof, Richard Van Doren and Edward Terhaar, fully support the City's projections that any increase in traffic noise on Pleasant View Road resulting from the Nez Perce Drive 10279 7 11/24/93 VA I i I 1 ft I � I � I � I i J extension will be minimal. - Plaintiffs' traffic engineer, : -James Benshoof estimates that 1 g there will be an View Road if the to Pleasant View as Plaintiffs ad Plaintiffs' additional 300 vehicle trips per day on Pleasant Nez Perce Drive extension is constructed north as opposed to looping it south to Lake Lucy Road Jocate. (Aff'd. of James Benshoof, Paragraph 10) noise consultant, Richard Van Doren, estimates that a 2.000 vehicle per day increase from a baseline condition of 1,000 vehicles per day to 3,000 vehicles would result in an increase in the overall noise level which would "be clearly noticeable." (Aff'd. of Richard Van Doren, Paragraphs 6 and 7) There is no evidence offered by Plaintiffs that noise from their expert's projected 300 vehicle per day increase in traffic would even be noticeable. Averaged over 24 hours this amounts to one additional car going by about every five minutes. If a suburban street project can be enjoined under MERA on the basis of this type of noise pollution "evidence ", then virtually every modest residential development (which always involve more people and more traffic) is in jeopardy. The other part of Plaintiffs' traffic evaluation addresses safety concerns along Pleasant View Road from County Road 17 to T.H. 101. While Plaintiffs have exaggerated the concerns b gg Y selective quotes from City documents generated over the past four to five years, there is no question that increasing development in the general area raises on -going traffic planning issues involving Pleasant View Road and other collector streets in Chanhassen and the adjoining community. It is an ongoing 1 10279 8 11/24/93 planning issue; not an environmental issue which can be - considered in this lawsuit. Finally, Plaintiffs' counsel in its Memorandum (Memorandum at pp. 26) and Van Doren in his affidavit refer to unidentified "Minnesota Noise Standards" (Aff'd. of Van Doren, Paragraphs 7 and 8). The only conceivable reference could be to the Pollution Control Agency's "Motor Vehicle Noise Limits Rules" (Minn. Rule 7010.1000 et. seq.) which prohibits the operation of a motor vehicle which generates noise over a certain level. There are no rules dealing with generalized traffic noise applicable to this case. IV. THE CITY DID NOT ACT ARBITRARILY AND CAPRICIOUSLY IN DECIDING THAT AN EAW WAS NOT NECESSARY BECAUSE THERE WAS NO POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. 4 1 t ti II The standard for judging Plaintiffs' claim in Count II of their Amended Complaint relating to the City's decision not to perform an EAW is whether or not the City acted arbitrarily and capriciously in deciding that there was no potential for significant environmental effects resulting from the Nez Perce extension. Carl Bolander & Sons Co. v. City of Minneapolis 488 N.W.2d 804, 810 (Minn. Ct. App. 1992). It is not a matter of whether this court might disagree with the decision, but rather whether there was no reasonable support for the determination. Clearly it was not arbitrary for the City to decide the EAW was not necessary. Plaintiffs contend that the entire record of the City's response to the EAW petition has not been placed before the 10279 9 11/24/93 i Court. This is simply not true. The EAW petition was filed with the Minnesota Environmental Quality Board (MEQB) on July 21, 1993 (Ex. G to Aff'd. of David Hempel) It was received by the City on or about July 30, 1993. Under MEQB rules, the city is required to make a determination within 30 days of receipt. The matter was considered by the City Council at its August 23, 1993 meeting. (Ex. I to Aff'd. of David Hempel) Prior to that, Chanhassen Planning Director Paul Krause and City Manager Don Ashworth reviewed the petition and made their report to the Council, dated August 18, 1993. (Ex. H to Aff'd. of David Hempel) On August 30, 1993, the Council at a special meeting adopted the Findings of Fact and Decision determining that an EAW was not necessary. (Ex. K to Aff'd. of David Hempel) On August 30, 1993, Assistant City Engineer David Hempel reviewed the proposed Findings and issued his report to the Council setting forth the factual support for the Findings (Ex. I to Aff'd. of David Hempel) This is the record of the City's handling of the EAW Petition. Council members obviously had substantial knowledge of the project based upon the numerous times the issue had come up over the past four years prior to the EAW petition. Plaintiffs have picked through all these historical documents in the presentation of its position herein that the Council acted arbitrarily in deciding that an EAW was not necessary. The inability of Plaintiffs' expert witnesses to identify any significant environmental degradation resulting from the project buttresses the Council's determination that an EAW was not necessary. 10279 10 11/24/93 V* Plaintiffs' main procedural and substantive objections to the City's handling of the EAW petition is the failure to address the "realignment of Peaceful Lane on the Tower Heights Addition property and the environmental impacts arising therefrom." (Plaintiffs' Memorandum pp 27, 28 -29) As discussed above, the petition for an EAW neither included the developer - installed street in that plat nor could it have because a 13 -lot residential subdivision is exempt from any EAW requirement. Minn. Rule 4410.4600 Subpart 12 A(2). Plaintiffs' final argument is that the EAW denial was arbitrary because the City has "engaged in a sort of segmenting that mischaracterizes the environmental impact to this community" in that "Pleasant View Drive will require significant changes to adequately handle the increased traffic from Nez Perce Drive." (Plaintiffs' Memorandum at p. 30) First, there is no evidence that the additional 300 car trips per day projected by Plaintiffs' traffic engineer will necessitate any project involving Pleasant View Drive. The evidence clearly demonstrates that there have been a variety of concerns going back to at least 1989 about traffic safety on Pleasant View Drive. There will be continuing concerns in the future as development in the general area continues. There is no project of any sort that is being proposed for Pleasant View Drive. The record is clear that Nez Perce Drive is being constructed to provide a second access into the immediate neighborhood. 10279 11 11/24/93 1 I � V. THE CITY HAS NOT OFFICIALLY MAPPED THE NEZ PERCE STREET EXTENSION In Count III, Plaintiffs challenge what it claims was the City's decision to officially map the Nez Perce Drive extension pursuant to Minn. Stat. §462.359 as being arbitrary and capricious. Mapping is a statutory procedure whereby a city can designate a future road location. It then gives the city the authority to deny building permits within the mapped right -of- way, subject to the landowner's right of administrative review by the Board of Appeals and Adjustments. Minn. Stat. §462.359, Sub. 4. If it is determined that the permit should be issued, the city then has six months to actually acquire the right -of -way by condemnation. Here, the City did not officially map the Nez Perce Road extension across Beddor's property. Rather, the City has initiated condemnation proceedings to actually acquire the property. There is no official mapping decision that either exists or can be challenged in the context of this lawsuit. CONCLUSIONS There issues fact are no of material which needed to be decided at trial. The project will not have a material adverse impact on an rotectable natural resource. The City's decision P Y P Y not to undertake the preparation of a EAW was not arbitrary and capricious. There was no other arbitrary action taken by the City. 10279 i� 12 11/24/93 Plaintiffs' Complaint should be dismissed in its entirety. Defendants should be awarded its attorneys' fees and costs pursuant to Minn. Stat. §549.21. Dated: December 27, 1993. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Thomas M. Scott, #98498 Attorneys for Defendants 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 10279 13 11/24/93 "to � i � I STATE OF MINNESOTA COUNTY OF CARVER ------------------------------- STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Civil No. C9 -93 -1111 AFFIDAVIT OF CHARLES D. FOLCH Frank Beddor, Jr., Todd Novaczyk first duly sworn, states as follows: and Sherry Novaczyk, and Robert L. 1. Post and Sandra J. Post, City Engineer. Plaintiffs, 2. VS. affidavits of Daryl P. Fortier and City of Chanhassen, its Mayor Richard Don Chmiel and City Council Members, The runoff from the Defendants. ------------------------------- STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Civil No. C9 -93 -1111 AFFIDAVIT OF CHARLES D. FOLCH de -sac street within the proposed Tower Heights subdivision will be required to first flow into the recently- excavated pond on Mr. Beddor's property. The City currently has an easement for drainage purposes covering the pond. 4. In his affidavit, Daryl Fortier raises concerns about how the additional stormwater will impact the functioning of the Beddor pond. As Mr. Fortier acknowledges, City staff recognizes that there may need to be some alteration of the pond so that it 11063 CHARLES D. FOLCH, being first duly sworn, states as follows: 1. I am the Chanhassen City Engineer. 2. I have reviewed the affidavits of Daryl P. Fortier and Richard Osgood submitted on behalf of Plaintiffs. 3. The runoff from the extended Nez Perce Drive and cul- de -sac street within the proposed Tower Heights subdivision will be required to first flow into the recently- excavated pond on Mr. Beddor's property. The City currently has an easement for drainage purposes covering the pond. 4. In his affidavit, Daryl Fortier raises concerns about how the additional stormwater will impact the functioning of the Beddor pond. As Mr. Fortier acknowledges, City staff recognizes that there may need to be some alteration of the pond so that it 11063 a City federal standards for volume control and complies with and water quality. 5. The City's approval of the Tower Heights plat is conditioned upon the developer supplying for City Engineer review and approval detailed storm sewer and ponding calculations for retention ponds. 6. The grading permit issued to Mr. Beddor in 1992 authorizing him to enlarge and consolidate his pond with his adjoining Troendle Addition pond is conditioned upon additional modifications which may be needed as part of the Nez Perce Drive street project. 7. The hydrologic analysis will be done as part of the preparation of the detailed plans and specifications for both the City's Nez Perce Drive street project and the Tower Heights Addition plat. 8. The water quality functions of the Beddor pond will not be lessened as a result of either the Nez Perce street project or the Tower Heights plat. 9. Mr. Osgood, in his affidavit, states that a significant increase in nutrient input into Christmas Lake is "possible" as a result of the additional runoff into the Beddor pond and decreased efficiency of the pond in removing pollutants. As stated above, any necessary design changes to the pond will be made so that its water quality function does not decrease. Additionally, storm water leaving this pond runs through a series of other ponds in a developed area to the west before eventually making its way to Christmas Lake. 11063 2 I ] 1, L i 10. In summary, the City is utilizing its existing storm water ponds and using state -of- the -art storm water management practices in this area which will now be fully developed. FURTHER YOUR AFFIANT SAYETH NOT. Charles D. Folch Subscribed and sworn to before me this day of , 19 . Notary Public 11063 3 STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Civil No. C9 -93 -1111 Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Plaintiffs, VS. City of Chanhassen, its Mayor Don Chmiel and City Council Members, AFFIDAVIT OF SHARMIN AL -JAFF Defendants. STATE OF MINNESOTA ) _ ) ss. COUNTY OF CARVER ) SHARMIN AL -JAFF, being first duly sworn, states as follows: 1. I an a Planner for the City of Chanhassen. 2. In connection with the platting of Tower Heights Addition, the developer was required as a condition of platting to provide a "Tree Protection, Removal and Reforestation Survey ". 3. The Town Heights developer initially submitted its tree protection plan on or about August 1, 1993. (P1. Ex. No. 30) A revised tree protection plan was submitted on or about August 10, 1993 which revised certain grades and showed the location of 30 of the 62 replacement trees. (See Tree Impact Plan - Preliminary, dated August 10, 1993, attached hereto as Exhibit "A " 11042 I i - .� 4. The cul -de -sac street which will be constructed by the developer to service this 13 -lot subdivision will require the removal of approximately ten trees. The tree replacement plan provides for planting 62 replacement trees at various locations within the subdivision. City staff is still reviewing ways of further minimizing tree loss within this plat. 5. Virtually every residential subdivision in the City of Chanhassen requires the removal of trees. The City makes every practical effort to minimize the loss in connection with development. There is nothin g different or unusual about this plat. FURTHER YOUR AFFIANT SAYETH NOT. Sharmin Al -Jaff Subscribed and sworn to before me this day of December, 1993. Notary Public ATTACHMENT 11042 1 to 2 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. - Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs R . James R. Walston Elliort B. Knetsch Eli:abeth A. Lun_er Andrea McDou e11 Poehler HAND DELIVERED Mr. Paul Krauss Mr. Dave Hempel Mr. Charles Folch Mr. Don Ashworth Re: Frank Beddor, Jr., et al. vs. City of Chanhassen Court File No. C9 -93 -1111 Our File No. 12668/310 Gentlemen: Enclosed please find Beddor's response to our motion for summary judgment, which includes the following documents that I received late yesterday afternoon: 1. Plaintiffs' Opposition to Defendants' Motion for Summary Judgment; 2. Affidavit of Daryl P. Fortier; 3. Affidavit of James Benshoof; 4. Affidavit of Edward Terhaar; 5. Affidavit of Richard Osgood; and 6. Affidavit of Richard E. Van Doeren. The hearing on the summary judgment motion is scheduled for next Thursday, December 30. The trial, if necessary, is now scheduled for Monday, February 28. Beddor's attorney is essentially arguing that there are numerous fact issues involving the project's impact on trees, drainage and traffic which can only be decided after a full 11007 VA t I (612) 452 -5000 Fax (612) 452 -5550 December 22, 1993 t i Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 December 22, 1993 Page 2 trial. It is our position that the matter should be dismissed without a trial because, in general, the "environmental" issues they are attempting to raise do not constitute a basis for enjoining the project. I will be filing my written reply to their materials next Monday. Please call me with your comments as soon as possible. As per our telephone conversation, I would like Dave and Charley's specific comments on the drainage issue. Best regards, CAMPBELL, KNUTSON, SCOTT Er F P.A. 1 By: Tho Scott TMS:rlt Enclosures cc: Mr. Bill Engelhardt (w /enclosures) 11007 Ochs A G E N C Y Specializing in employee beneft plans Mr. Todd Gerhardt City of Chanhassen 690 Coulter Drive Chanhassen, 1 nfinesota 55317 Dear Todd: FYI All em res p e,c Ott. ,4j, saw I. December 7, 1993 RE: Minnesota Mutual Life Insurance Company 1994 Renewal Rate Policy #27036 Minnesota Mutual's annual review of your group life insurance policy is now complete. We are pleased to inform you that there will be no need to change the current rate. Thii'review included a calculation based on employees currently insured under your plan, and an analysis of your group's experience. We appreciate your continued reliance on Minnesota Mutual for your insurance needs. If you have any questions concerning your rate or any other aspect of your group insurance program, please contact me anytime at 298 -3789 or 1- 800 -392- 7295. Sincerely, H. Ochs JHO:lb cc: 16 -3782 Original File 16 -3761 Cathy Kinneman RECEIVED 400 N. Robert St. Suite 160 DE D U 91993 t. Paul, MN 55101 -� 612 - 298 -3789 800- 392 -7295 CITY OF CHANHAssth Fax 612 -298 -3791 A e . tell — REGK*M7MNSRBWRD Moors Park Centre 230 East 5th Street St. Paul, Minnesota 55101 612/292 -8789 December 6, 1993 ' Donald Ashworth, City Manager ' City of Chanhassen 690 Coulter Drive, Box 147 ' Chanhassen, MN 55317 Dear Mr. Ashworth: ' Let me take this opportunity to introduce myself, your representative to the Regional Transit Board. I am excited about the opportunity to work on transit programs and policies that will be important to the future of the Twin Cities area. ' Based upon the 1990 census, metropolitan agency districts have been changed by 1993 state legislature action. As a result, the district I represent now includes a large portion of suburban Southern Hennepin County, all of Carver County, all of Scott County (except , the cities of Shakopee and Savage) and the City of Lakeville in Dakota County. This District B includes 33 cities and 21 townships. It is my intention to make myself available to discuss both existing transit matters and the future of transit for your ' community. I will also be endeavoring to periodically update you in writing on pertinent Regional Transit Board programs. If you would like to arrange a meeting, please feel free to contact me at my office, ' 874 -8550 or my home, 935 -7225. I look forward to hearing from you in the near future. ' Res AB.Hovl am , RTB Membe r, District B cc: Mary Smith, Metropolitan Council Representative, District 3 Julius Smith, Metropolitan Council Representative, District 4 , RECEIVED DEC 1. 7 7 993 C11 t yr t,r-�n�tinrt55�h' An Equal Opportunity Employer BARTON- ASCHMAN ASSOCIATES, INC. 111 Third Avenue South. Suite 350. Minneapolis, Minnesota 55401 USA. (612) 332 -0421. Fax: (612) 332 -6180 ' MEMORANDUM TO: Don Ashworth Paul Krauss _ ' Kate Aanenson Charles Folch ' FROM: Deborah Porter DATE: December 22, 1993 ' SUBJECT: Revised Schedule for Arboretum Boulevard EA Review 1 The following is a revised schedule for review of the Environmental Assessment (EA) for the ' Arboretum Boulevard project as per state and federal rules. Based on the upcoming meetings, I have identified April 11, 1994, as the earliest possible date for a Public Hearing on the EA document which coincides with a City Council meeting. I have also enclosed information on 1 the entire EA review process that is followed for MnDOT and FHWA projects. Please let me know if this seems feasible based on upcoming agenda items for the Planning ' Commission and City Council meetings. January 19, 1994 Planning Commission Meeting Review EA document and receive (Public Hearing) public comment on Preferred Alternative as recommended by Task Force -- forward input to City Council February Y g 14 City Council Meeting Review EA document and recom- ' (Discussion Only) mendation on Preferred Alternative February 28 City Council Meeting Council approves recommendation on Preferred Alternative and public ' distribution of EA document March 1 -11 Barton- Aschman prints 50 Get MnDOT and FHWA signatures ' copies of EA document on EA document March 14 Submit EA document to EQB City distributes EA document to EA Monitor for public notice distribution list and general public and prepares press releases to local ' paper on availability of EA 1993 O PARSONS C11 Y Vr'.i BARTON- ASCHMAN ASSOCIATES, INC. March 21 Public notice of availability appears in EQB Monitor notice includes information on public hearing April 11 Earliest possible date for public hearing (official transcript is prepared) April 21 Close of public comment period (unless there is a request for an extension) May Respond to comment; prepare FONSI request June Submit EA, Findings of Fact and Conclusions to MnDOT; submit FONSI package to FHWA 30 -day comment period begins Concurrent with City Council meeting( ?) Collect all public and agency comment 2 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. I J Attorneys at Law Cl Y ul QKANHA55FA ' Thomo I. C imip •ell (612) 452 -5000 _.• Ror N. 1.1111t Fax (612) 452 -5550 Th. - M. Scott c h, h Elhoi; B. Knet ch .•�n.lre;i \t.l�,cell I'ehler i' November 30, 1993 �C *_po d .V. ' C�.•.. jQs i9 Mr. Don Ashworth ` � Chanhassen City Hall 690 Coulter Drive, Box 147 ' Chanhassen, Minnesota 55317 RE: Gambling ' Dear Don: Enclosed is the amendment to the gambling ordinance the City Council requested. The amendment: (1) requires that all net profits be spent in Chanhassen or abutting cities; (2) does not allow gambling by organizations on the basis ' that they have 15 members that are residents of Chanhassen. Lawful gambling would be limited to organi- zations that meet one of the following: ' a) the physical site for the organization's head- quarters or the registered business office of the organization is located within the City of Chanhassen or a city contiguous to the City of- Chanhassen and has been located within the City of Chanhassen or a city contiguous to the City of ' Chanhassen for at least two (2) years immediately preceding application for a license; b) the organization owns real property within the City and the lawful gambling is conducted on the property owned by the organization within the City; or C) the physical site where the organization regularly holds its meetings and conducts its activities, ' other than lawful gambling and fund raising, is within the City and has been located within the �uir� ? i • Ea_ Office Center • 1380 Corporate Center Curve • Ea an, M 55121 Mr. Don Ashworth November 30, 1993 Page 2 City for at least two (2) years immediately preceding application for a license. ly yours, KNUTSON, SCOTT S, P.A. RNK:srn Enclosure cc: Scott Harr r N. Knutson CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE CONCERNING GAMBLING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: ' Section 1 . Section 10 -151 of the Chanhassen City Code is amended by deleting subparagraph (1). Section 2 . Section 10 -152, subparagraph (b) of the Chanhassen City Code is amended to read: (b) Each organization conducting lawful gambling within the City must expend one hundred percent (100 %) of its net profits derived from lawful gambling ' on lawful purposes conducted or located within Chanhassen or any city contiguous to Chanhassen. The contribution required in subsection (ay above shall be considered as part of the 100% expenditure. Section 3 . Section 10 -152 of the Chanhassen City Code is amended by deleting subparagraph (c) . ' Section 4 . This ordinance shall be effective immediate) upon its passage and Y P P g 1 publication. PASSED AND ADOPTED this day of , 1993, by the City Council of the City of Chanhassen. I ATTEST: Don Ashworth, Clerk/Manager (Published in the Chanhassen Villager on ..to 10488 1 Donald J. Chmiel, Mayor , 1993). December 30, 1993 Mr. Larry Schroers 1020 Carver Beach Road Chanhassen, MN 55317 Dear Larry: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 The year is quickly coming to a close marking the conclusion of your role as an appointed member of the City's Park and Recreation Commission. I know this is a bittersweet time for you. You have gained the respect of many, including me, during your tenure as a commissioner. Hopefully the fond memories of all your accomplishments and contributions will suppress the pain of leaving behind a job you enjoyed. You provided an even -keel for the commission during a time of transition and growth and for that you deserve the recognition bestowed upon you by the mayor and city council. Larry, I wish you all the best in your career with Hennepin Parks and in all your outdoor pursuits. On behalf of all of us here at Chanhassen City Hall, thank you. Sincerely, Todd Hoffman Park and Recreation Coordinator' TH:ns p.c. Mayor and City Council Park and Recreation Commission Don Ashworth 1 I J 1 1 ' The Honorable Don Chmiel City of Chanhassen P.O. Box 147 ' Chanhassen, MN 55317 Dear Mayor Chmiel: The purpose of this letter is to provide notice that Triax is planning a programming change affecting certain FM services on your cable system. Effective January 9, 1994, Triax will no longer carry individual FM radio services. Digital Cable Radio (DCR), a satellite - delivered audio service providing a broad array of audio programming options, will continue to be available in your community. On behalf of Triax, we are pleased to make this enhanced audio service available to our subscribers and are committed to continued improvement ' of the services we provide to our subscribers. If you have any comments or questions, please do not hesitate to contact me. Thank you for your consideration. ' Sincerely, J e E. Bremer, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Ric Hanson Bob Langley I JEB:gev:KLOs 'e e- JAMES P. LARKIN LAM N, HOFFMAN, DALY & U NDGREN, L TD. MICHAEL B. LEBARON ROBERT L. 14OFFMAN JACK F. DALY ATTORNEYS A T LAW GREGORY E. KORSTAD GARY A. VAN C LEVE. D. KENNETH LINDGREN R GERALD H. / G I C r,6t.J � DANIEL L. BOWLES TODD M. VICH O ALLAN E. MULLIGAN . TIMOTHY J. MC# J. MaMANUS JAMES C. ERICKSON EDWARD J. DRISCOLL -- CENTER TIMOTHY J. KEANE ALAN M. ANDERSON ' GENE N. FULLER 1 1600 NORWEST FINANCIAL C' DONNA L. ROBACK JOHN D. FULLMER 7900 XERXES AVENUE SOUTH MICHAEL W. SCHLEY ROBERT E. BOYLE FRANK 1. HARVEY CHARLES S. MODELL BLOOMINGTON, MINNESOTA 66431 -1194 A I r • 4N 1 r ,d LISA A. GRAY GARY A. RENNEKE CHRISTOPHER J. HARRISTHAL CHRISTOPHER J. DIETZEN TELEPHONE 1612) 836 -3800 MICHAEL A. ROBERTSON JOHN R. BEATTIE LINDA H. FISHER FAX (812) 898 -3333 �./ _ / ;- ` �7 SHANNON K. M&CAMBRIDGE WILLIAM C. GRIFFITH, JR. THOMAS P. STOLTMAN I JOHN J. STEFFENHAGEN MICHAEL C. JACKMAN DANIEL W. VOSS JOHN E. DIEHL MARK A. RURIK JON S. SWIERZEWSKI JOHN R. HILL THOMAS J THOMAS J. SEYMOUR JAMES P. QUINN MICHAEL J. SMITH TODD I. FREEiMN VILIS R. INGE PETER K. BECK OW IGINT N. HOLMBO JEROME H. KAHNKE FREDERICK K. HAUSER III GERALD L. BECK MARY E. VOS JOHN B. LUNDQUIST LARRY D. MARTIN DAYLE NOLAN CILIBERTO• JANE E. BREMER THOMAS B. HUMPHREY, JR. RENEE L. TOENGES JOHN A. COTTE R' MARCY R. KREISMAN BEATRICE A. ROTHW EILER MARIEL E. PIILOLA PAULB.PLUNKETT ALAN KILDOW L. DOW OF COUNSEL ' KATHLEEN M. NEWMAN WENDELL R. ANDERSON JOSEPH GITIS -ALSO ADMITTED IN WISCONSIN December 9, 1993 ' The Honorable Don Chmiel City of Chanhassen P.O. Box 147 ' Chanhassen, MN 55317 Dear Mayor Chmiel: The purpose of this letter is to provide notice that Triax is planning a programming change affecting certain FM services on your cable system. Effective January 9, 1994, Triax will no longer carry individual FM radio services. Digital Cable Radio (DCR), a satellite - delivered audio service providing a broad array of audio programming options, will continue to be available in your community. On behalf of Triax, we are pleased to make this enhanced audio service available to our subscribers and are committed to continued improvement ' of the services we provide to our subscribers. If you have any comments or questions, please do not hesitate to contact me. Thank you for your consideration. ' Sincerely, J e E. Bremer, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Ric Hanson Bob Langley I JEB:gev:KLOs ir fl�.n t7b y aiv e of Minnesota Cities Cities Bulletin Number 29 State budget forecast not optimistic for all December 10, 1993 Cities and counties may see cuts Gary Carlson The November 23 state budget update shows a $414 million increase in available revenues for the remainder of the current biennium compared to the estimates at the end of the 1993 legislative session. This is a consider- able turnaround from the November 1992 forecast of a general fund deficit of $769 million for the same period. Despite this significant turnaround for the state's general fund, the local government trust fund (LGM outlook is not favorable. The new forecast projects that by the end of the bien- nium the LG�F will face_ 4� �` million shortfall. LGTF outlook Local government aid and homestead and agricultural credit aid yments sc heduled for n_avmentin will be cut if there :c a d erini t in , e Commis- said that the state will not base cuts on the Novem- ber 1993 forecast. The final determi- nation for cuts will most likely be based on the November 1994 state budget forecast and on any legislative actions that might modify the status of the LGTF. He also said that these potential cuts will not affect the December 1993 aid distributions. The LGTF shortfall is largely due to two developments. First, the projections for sales tax revenue growth for the current biennium have decreased substantially. The second, and more significant development is related to recent legislative actions. Beginning this biennium, the Cities set policies for 1994 and the to the 1 �1 [I e i 1 These transfers will cost the LGTF approximately $136 million, wh ich will significantly reduce the money available for city programs. At the same time, these transfers have added approximately 136 million to w e states gene _ un suMius. Although cities generally agreed to live with the economic fluctuations in LGTF revenues, we strongly oppose t CouncilmemberHarryLyonofNorthSt. Paul andBemidji Councilmember Rosemary GivenAmble were among the city officials on handforthe LMC Policy Adoption Meeting. A recap of the meeting is on page S. ft See Budget forecast, page 4' t IF Futures committee to assist board of directors The LMC board of directors will be appointing a futures committee to assist it on an ongoing basis in examining issues crucial to the future direction of the League. Among its first tasks, the futures committee will be examining the current practice of allowing designated seats on the board for certain constituency groups and the nominating committee process for board of directors positions, and very importantly, undertaking a membership -wide strategic plan- ning process. This will be a very active and important committee whose members will have the opportunity to assist the board in shaping the future direction of the League. U you are interested in serving on this committee, please contact Tim Miller at the Latgne o8ioe as soon as possible. 0 Budget forecast, ee+wtinaed fow page l legislative actions that increase the 1 number of non -city programs funded S by the LGTF. a According to LMC estimates, the e� $44.3 million LGTF shortfall would result in 1994 aid reductions equal to r annmaiimaItely two percent of the gum of each city's 1993 certified lev plus 9� A and 1993 taconite aid, for taconite cities. 016,199J cerkkdd ! State's general fund levy is the amount certified to the Most of the $414 million increase e, county for taxes payable in 1993 in the state's general fund his is which was before reductions for HACA, equalization aid, and disparity reduction aid.) Any reduction could not exceed the amount of LGA and HACA your city is scheduled to receive in 1994. The table s ummariz es the major changes between the June and Novem- ber LGTF forecasts. Based on 1993 legislative actions, the LGTF was expected to experience a small shortfall of $1.4 million. Actual sales tax revenues in the LGTF through the end of F.Y. 1993 were decreased by $9.9 million. The November forecast also reduced the estimates of sales tax growth for the F.Y. 1994 -95 biennium by $22.7 million. Finally, the cost estimates for the homeowner's circuit breaker increased by $10.5 million. The combined impact is the 544.3 million shortfall for the current Additional problems are on the horizon for the LGTF. The 1993 Legislature added the renter's property tat refund to the LOW beginning in F.Y. 1997. This change will add an approximate S97 million per year burden to the LGTF and further deplete the available revenue growth into the next biennium. The stability and integrity of the LGTF will be a major issue for cities during the upcoming legislative session. --P the result of finishing the F.Y. 1992 -93 biennium with a surplus of 5220 million. This is due to both stronger overall state tax collections and lower than anticipated spending. For F.Y. 1994 -95, the forecast reflects an increase in overall state revenue collections of $170 million and lower than anticipated cost estimates of $24 million. According to state Commissioner of Finance John Gunyou, the positive economic news will mean the unallotment provisions enacted during the 1993 special session will not be triggered. The unallotment provisions would have cut all state spending uniformly to bring the projected state budget reserve by the end of the biennium up to $400 million. Under current law, the fast $140 million of surplus will replenish the state's general fund reserve to $500 million. Any additional resources must then "buy back" the school accounting maneuver known as the "levy recognition shift." Tbic shift is essentially a ban by the school districts to the state that occurs by recognizing school property tax . receipts earlier and delaying school aid payments into the following fiscal year. The shift percentage has gradu- ally increased to 50 percent and the cost of "buying back" the entire levy recognition shift is $750 to $800 million. A portion of the $414 million surplus may have already vanished. According to experts, the pupil unit counts used to compute K -12 educa- tion costs for the current biennium were underestimated in the November forecast. The revised pupil unit counts will apparently result in an increased cost to the state's general fund of - approximately $21 million. 0 Local Government Trust Fund Shortfall November 1993 estimates compared to June 1993 estimates (estimates for biennium -- dollars in millions) Estimated LGTF Balance at the end of F.Y 1994 - (estimates at the end of 1993 sessiop) -1.4 Reduced actual sales tax revenues at the end of F.Y. 1993 -99 Reduced revenue projections for F.Y. 1994 -199S -22.7 Increased Cost of Ilomeowner's Circuit Breaker -10.5 LOW Savings due to revised cost estimates 0.2 New forecast LGTF Balance -44.3 biennium. Vro Page 4 LMC Cities Bulletin F I IIM CITY OF Y � CHANHASSEN � 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937 -1900 • FAX (612) 937 -5739 Al Klin 8 elhutz 8600 Great Plains Boulevard Chanhassen, MN 55317 ' Re: Request to Place Clean Fill - PIN No. 25.0135700 (86th Street) Project 93 -6.1 - SWMP Yuma Drive/Canterbury Circle ' Dear Mr. Klingelhutz: The City's Street Superintendent, Mr. Mike Wegler, informed us that you would be willing to allow the placement of clean fill from a city wetlands excavation project on your property at the northeast intersection of 86th Street and Highway 101. A small portion of this area (less than 0.1 am) meets the definition of a type 2 inland fresh meadow wetland. Since this wetland is less than 0.5 acre it is covered under the Army Corps of Engineers Section 404 ' general permit for filling a wetland. The City will verify this with the Corps. Furthermore, it is our understanding that this area has been cropped six out of the past ten years, and therefore, it is exempt from the Wetland Conservation Act's permitting program. ' Please sign this letter as proof that the wetland has been planted with annually seeded crops or was in a crop rotation seeding of pasture grasses or legumes in six of the last ten years prior to January 1, 1991. This will allow us as the local governing unit for the Wetland Conservation Act to send you an approval for the exemption. ' Thank you for your cooperation with this project. This will allow the City to excavate a wetland and stormwater holding ponds near Lotus Lake in an effort to enhance and protect water quality within the watershed. Funds for the project are provided by the Surface Water Management Program. ' I DD:ktm c: Paul Krauss, Planning Director Mike Wegler, Street Superintendent Dave Hempel, Assistant City Engineer AL KLINGELHUTZ DATE I .. I December 21, 1993 LICENSE Grantor shall hold harmless the City, its of ficers, employees,. and agents from claims made for damages sustained or costs incurred resulting from City's performance of the work described herein. Grantor shall indemnify the City, its officers, employees, and agents for all costs, damages, expenses, or attorney's fees which Grantor may pay or incur in consequence of such claims. The undersigned states that as the fee owner (s) of the subject property described herein, they /he /she have /has the right to grant this License to the City. IN WITNESS WHEREOF, Grantor(s) have /has executed this License 1 as of this day of , 19 GRANTOR(s)s to 10944 THE UNDERSIGNED GRANTOR (a), being the fee owner (s) of the real ' property described on the attached Exhibit " A " (the "subject property "), do(es) hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), its agents and assigns, a license to enter upon the subject property for the purpose of disposing of excavated wetland materials. By accepting this License, the City acknowledges that it is entering the property described herein at its own risk. Grantor shall hold harmless the City, its of ficers, employees,. and agents from claims made for damages sustained or costs incurred resulting from City's performance of the work described herein. Grantor shall indemnify the City, its officers, employees, and agents for all costs, damages, expenses, or attorney's fees which Grantor may pay or incur in consequence of such claims. The undersigned states that as the fee owner (s) of the subject property described herein, they /he /she have /has the right to grant this License to the City. IN WITNESS WHEREOF, Grantor(s) have /has executed this License 1 as of this day of , 19 GRANTOR(s)s to 10944 STATE OF MINNESOTA t ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 by NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 RNK:srn Y,% 10944 CC SOUTHWEST CORRIDOR TRANSPORTATION COALITION 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 January 3, 1994 Mr. Jon A. Bloom, Director Highway and Area Planning Office of Highway Programs Minnesota Department of Transportation 807 Transportation Building St. Paul, Minnesota 55155 Re: Highway 212 ' Dear Mr. Bloom: On behalf of the Southwest Corridor Transportation Coalition, I wish to support Dick Feerick's letter of December 27, 1993, requesting a review meeting concerning the status of demonstration projects relating to TH 212. The Coalition has expended a considerable amount of money and effort to obtain these grants and to facilitate the earliest possible design and construction of the new Highway 212. In addition, several members of the Minnesota Congressional delegation have expended their efforts to obtain congressional approval of our requests. Even with these efforts and even though it has been proposed by local leaders for more than 40 years, letting of the first stage of construction of TH 212 has not yet occurred. The Transportation Improvement Program now calls for these funds to be expended for design and acquisition of right -of -way during state fiscal years 1994 through 1996. We now have requested that Commissioner Denn also authorize $75,000 of these funds to be used for a consultant study to evaluate the economic feasibility of funding a portion of TH 212 construction by means of tolls. It is our desire that such a study be undertaken as soon as possible by ' a nationally known consultant. A copy of my letter to Commissioner Denn on the subject is enclosed for your information. The Coalition has now submitted a further application to Congress for demonstration funds. We anticipate that the Congressional committees which review the application will desire assurances that the $10.6 million previously approved by Congress for this project have been spent on the project or are scheduled for early LN400 -51 LN�00 -51 t s expenditure on the project. We request that you provide us with these assurances at this time. Thank you for your consideration of our request. Yo s ve truly, ' Robert J. in 11 esi en and Chaska Counci mber RJL /tas Enclosures cc: Congressman Martin Sabo ' Congressman Jim Oberstar Congressman Jim Ramstad Congressman David Minge , U.S. Senator Dave Durenberger U.S. Senator Paul Wellstone Representative Carol Molnau Senator Terry Johnston Senator Edward Oliver Representative Tom Workman Senator Roy Terwiliger Representative Sidney Pauly Representative Darrel Mosel Commissioner Randy Johnson, Hennepin Co. Commissioner Tracy Swanson, Carver Co. Commissioner John Siegfried, Carver Co. Commissioner Earl Gnan, Carver Co. Mayor Doug Tenpas, Eden Prairie Carl Jullie, City Administrator, Eden Prairie Mayor Don Chmiel, Chanhassen Don Ashworth, City Administrator, Chanhassen ' Dave Pokorney, City Administrator, Chaska Mayor Bob Roepke, Chaska Mayor Tom Griep, Carver Joe Culhane, McLeod Co. Administrator Mark Larson, City Administrator, Glencoe Don Frederick, City Administrator, Olivia James Norman, City Administrator, Renville , William Lavin, City Manager, Granite Falls Darrell Sudheimer, Waconia Chamber of Commerce Paul Wickenhauser, Mayor, Cologne ' John Lano, Mayor, Norwood RJL6352` LN600 -51 z�A 11 e e CARVER COUNTY � TO: IoM: SUBJECT: 1 S7-6 W 1 lL)TOF-fa5 DATE: 3' CCSO 127 CC � ��..JQ N, t AIM Thank You ... c � 6ec � I y T0: Don Ashworth, City Manager FROM: Scott Harr, Public Safety Director. SUBJ: Grant Hussey Case This thank you from Chief Jim Clark, Eden Prairie Police Department, is in response to Chanhassen City staff's willingness to assist during the above missing /death investigation. What started out as an offer from myself to provide personnel or othe assistance to Eden Prairie, quickly became an offer by all Chanhassen City staff to assist where needed. I really appreciate the willingness of our staff to become involved, as obviously Eden Prairie did as well. I � I � a 1 I December 22, 1993 �I CITY OF CHANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Waste Management Savage 12448 Pennsylvania Ave. South Savage, MN 55378 Dear Chanhassen Hauler: The City of Chanhassen has been providing two recycling bins per residence for the past 3�i years. The bins are provided free of charge with the ability to purchase a third bin at cost, if desired. The bins are made of durable recycled materials and have a Chanhassen logo. We received grants from Carver County and Metropolitan Council to subsidize the cost. The bins have been distributed and we have a supply of approximately 500 in storage that are used for new residents. As you are probably aware, Carver County has recently adopted an ordinance that requires all licensed haulers to provide their customers with recycling bins. Thus from this point forward, obtaining and distributing bins will be your direct responsibility. I anticipate that the City will. be updating your license requirements to maintain the availability of at least two bins per household without additional cost and may require that the bins continue to utilize our design ' standards. This matter will be brought before the City Council in the near future. In the meantime, there is no need for redundant provision of the bins. I will therefore authorize the distribution of our existing stock to you directly if you so desire. The distribution will be on a proportional basis. So that we can compute the distribution, please submit a gross total of single family customers served in Chanhassen to me, in writing, by January 7. Your letter should reference your understanding that the bins are to be provided at no cost to the customers. We will arrange your pickup of the bins later in the month. December 22, 1993 Page 2 If you have any questions, please feel free to contact Sham-An Al -Jaff or Bob Generous in the Planning Department. Sincerely, ' Paul Krauss, AICP Director of Planning pc: City Council Carver County Metropolitan Council Recycling Committee Resources Strategies Sharmin Al -Jaff, Planner I Bob Generous, Planner H Roger Knutson, City Attorney AAGARD WEST BOX 115 ADMIRAL WASTE ATTN NANCY CHASKA SANITAT1ON 731 VICTORIA DRIVE NORWOOD MN 55368 P O BOX 377 CHASKA MN 55318 SHAKOPEE MN 55379 WASTE MGMT SAVAGE WOODLAKE SANITARY SERV QUALITY WASTE CONTROL 12448 PENNSYLVANIA AVE S. 9813 FLYING CLOUD DR 1901 WEST 144TH STREET SAVAGE MN 55378 EDEN PRAIRIE MN 55347 BURNSVILLE MN 55337 r r 1 r r r r 1 r r r r 1 . f-UAUUACC=U U 0 A A 1% 9 n 11 M T _Q P A V A R I F PAnV I flfft c I 2 CHECK # A M 0 U N T C L A I M A N T P U R P 0 S E 5 053536 25.59 DONALD ASHWORTH TRAVEL & TRAINING 053537 2,649.11 CAMPBELL, KNUTSON FEES, LEGAL 0 4.2.00.. EMPLOYEE _GRO o 1 l 053539 3,268.38 HOISINGTON KOEGLER GROUP FEES, SERVICE 2 3 -- 053540 29.21 SW SUBURBAN PUBLISHING . .. . ...... PRINTING AND PUBLISHING 4 5 053541 3,933.05 SOYRAN. INC. r AND-SALES TAX ON PURCHASES 7 6 10,14T.34 CHECKS WRITTEN 9 0 0 2 �3 4 6 3 36 37 9 0 31 9 2 54 flfft c I - �HANHASSEN .H.R..A.._ __..A C,C O- U -N _T S_ A -. _Y_ A - _L . E 01_ -10 -94 PAGE 1._..._.. -.. .....__... _. -.. CHECK It A M O U N T C L A I M A N T P U R P O S E .1 1 048842 39.06 FRANKIC S TRAVEL & TRAINING �I �i - -. - -- 048862 - 31 ; 043.39 - -- - TH I ES AND_ TALLE ENT'.' _ _ - SPL ASSESSMENT PAYMENTS --- --- 2 31,082.45 NECESSARY EXPEN S INCE LAST COUNCIL MEETING TOTAL OF 2 CHECKS TOTAL 31,082.45 ,. — ...._ ..... .. a , 'I ....... ...... I' CHANHASSEN H.R.A. A C C 0 U N T S P A Y A B L E 01-10-94 PAGE 1993 BILLS CHECK A A.-M--Q-.U. N I C A I H -.A--K--I- 0 S -*41.1.2-------2 5.T6- .-C-LlY 053713 5,606.30 HOLMES & GRAVEN FEES, SERVICE 053714 560.00 J E A ARCHITECTS FEES, SERVICE 116 --CHECKS --WR-LT-TEN.----- If J" -- -- ------- i STATE OF MINNESOTA COUNTY OF CARVER I Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Court File No. C9 -93 -1111 Plaintiffs, PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION VS. FOR SUMMARY JUDGMENT City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. I. PRELME NARY STATE LENT AND SUMMARY OF ARGUMENT Frank Beddor, Todd Novaczyk, Sherry Novaczyk, Robert Post and Sandra Post t r i w ( "Plaintiffs:') filed this suit against the City of Chanhassen ( "the City") on August 13, 1993. The Complaint, as amended, generally challenged the decision to proceed with two inter - related projects without the benefit of an Environmental Assessment Worksheet ( "EAW ") or any traffic study which would examine the environmental impacts and safety implications of the projects. The first project involves the extension of Nez Pence Drive through to Pleasant View Road and would take place on Vineland Lot 5. The second project involves the development of property known as the Tower Heights Addition, and the realignment and extension of Peaceful Lane so as to intersect with the Nez Perce Drive extension. In particular, Plaintiffs have asserted that 1) the proposed project is likely to adversely impact natural resources, in spite of the available feasible alternatives, in violation of the Minnesota DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil Environmental Rights Act ( "MERA "), Minn. Stat. § 116B.01 gl =. (Count 1); 2) the City violated the Minnesota State Environmental Policy Act (WEPA "), Minn. Stat. § 116D.01 gt e=. and Minn. Rules 4410.1100 by failing to prepare an EAW in spite of the contrary recommendations of City staff and the City's Planning Commission (Count H); and 3) the City acted arbitrarily and capriciously in deciding to proceed with the two inter- related projects with the support of a traffic stud articular) in that undisputed serious traffic safety concerns were implicated in the projects Y� particularly sP �Y P (Count III).' On November 23, 1993, Defendants moved for summary judgment, generally contending that one of the two proposed projects, the extension of Nez Perce Drive, will not adversely affect natural resources protected under MERA, and that the City's denial of a petition for an EAW in I connection with the proposed project was not arbitrary and capricious. At the outset, a fundamental deficiency in Defendant's motion must be recognized. F, r Although the Amended Complaint is very clear in challenging two projects, the extension of Nez Drive on Vineland Lot 5 and the realignment of Peaceful Lane in connection with the Tower hc:;ts Addition, Plaintiffs' motion does not even mention the impacts of the realignment of Peaceful Lane associated with the Tower Heights Addition. All of the factual submission regarding environmental impacts focus exclusively on the Nez Perce Drive extension on Vineland Lot 5. Defendants' motion therefore should be denied due to the City's failure to carry the burden placed on moving parties by Rule 56 of the Minnesota Rules of Civil Procedure. ' On September 27, 1993, this suit was consolidated with a related suit, CCi y of Chanhassen v. Frank Beddor et al. Civil No. C9 -93 -1111, a condemnation suit seeking to condemn one of the parcels of land which will be affected by the proposed projects, Vineland Lot 5 owned by plaintiff Beddor. 2 I In addition, as discussed below, the existence of disputed material facts precludes the granting of Defendants' motion including: 1. Whether the ponds in the immediate vicinity of the two proposed projects are wetlands under federal, state or local law; Z. Whether the ponds in question will be adversely impacted by the proposed projects; 3. Whether water quality in not only the ponds, but in nearby Christmas Lake, into which the two ponds ultimately drain, will be adversely impacted; 4. The extent of the destruction of trees in connection with the proposed Projects; S. The extent of traffic and safety impacts of the proposed projects on: a. Pleasant View Road and its environs; 1 1 i b. Nez Perce Drive, and; C. Lake Lucy Road. 6. The noise impact of the additional traffic on the particularly quiet Pleasant View Road neighborhood; 7. The availability of feasible alternatives to the proposed projects; and 8. Whether the proposed projects involve cumulative impacts in tandem with the impending extension of the Crosstown to Highway 101. With respect to Plaintiffs' MEPA challenge to the denial of an EAW petition, Defendants' summary judgment motion also fails in that the Findings of Fact and Decision denying the EAW is defective on its face. It completely fails to address the impacts of one of the two projects which was the subject of the petition, i.e. the Tower Heights Addition, and the associated realignment of Peaceful Lane. Moreover, although review of a denial of an EAW petition involves a review of the record purportedly supporting the findings and decision, Defendants have not presented the full record to the Court, but rather extremely limited selections from the record (thirteen documents, 3 attached to the Affidavit of David Hempel), which do not even touch upon the Tower Heights Addition project which was specifically raised in the petition for an EAW. With respect to claims under Count III of the Amended Complaint, Defendants have not even addressed this claim in their memorandum, or provided the full record which would be necessary to determine whether the City had a reasonable basis for deciding to proceed with the ro sed projects. Those projects, would feed additional traffic into an admittedly dangerous road, P Po P J P J � Y e g Pleasant View. A traffic study to address safety issues was recommended to the City Council by City staff and the City Planning Commission. While these various deficiencies preclude summary judgment as a matter of law, Plaintiffs object to Defendants' motion on one additional ground. For unknown reasons, the City, in its memoranda, and throughout the administrative proceeding below, have insisted on describing the controversy as one involving Plaintiff Beddor and the City. The City wholly ignores the fact that Mr. Beddor is but one of five plaintiffs, and that over two hundred neighbors of the Plaintiffs have expressed their opposition to the City's actions through a citizen's petition to the City Council. As the Court is aware, the issue here is not Mr. Beddor, or, for that matter, the petitioners. Rather the corp issue here is the fact that the City of Chanhassen, when confronted with clear evidence that the proposed actions involved significant potential environmental impacts and traffic safety risks, failed to conduct an EAW or a traffic study to identify, assess and, if possible, mitigate those impacts. As shown below, the City turned away from these recommended studies merely on the basis of expense, despite the very real potential that their decision would impact protected natural resources and endanger human lives. In opposing the City's motion Plaintiffs have submitted affidavits of Daryl Fortier Dwight PP g Y � �'Y � g Ludvigson, Richard Osgood, Richard Van Doeren, James Benshoof and Edward Terhaar. 1 #1 t 1 t M STATEMENT OF FACTS A. The Plaintiffs. Plaintiffs Frank Beddor, Todd Novaczyk and his wife, Sherry Novaczyk, and Robert L. Post and Sandra J. Post are neighbors, each owning land in the vicinity of the proposed projects on Pleasant View Road [Amended Complaint 12-3]. These five homeowners are among the over two hundred Chanhassen residents who have actively opposed the actions of the City which are the subject of this suit. Affidavit of Dwight Ludvigson ( "Ludvigson Affidavit% Exh. 10. Virtually all residents of Pleasant View Road and Nez Perce Drive have signed a petition opposing the extension of Nez Perce Drive to Pleasant View. Id. at Exh. 11. B. Historical Recognition of the Hazards of Nez Perce Drive Concerns regarding the possible extension of Nez Perce Drive extend at least back to 1989 1 1 1 1 during consideration of the platting of a development called the Vineland Forest Addition. This development lies to the east of the area of the presently proposed projects on Pleasant View Road. See generally erally Affidavit of David Hempel ( "Hempel Affidavit), Exh. A. In considering alternative access routes out of the new development, it was recognized that: Pleasant View Road served as the only east/west connection between County Road 17 and Trunk Highway 101. The existing roadway design is unsafe in several areas for local residential traffic. Steep hills, sharp curves, hidden driveways, and overgrown vegetation all combine to create hazardous conditions. As the area continues to develop, traffic volumes will increase and hazardous conditions along Pleasant View Road will only intensify. Ludvigson Affidavit, Exh. 1. In making its recommendation regarding access, City staff warned the City Council that it had not conducted an "in depth analysis of traffic patterns" [Hempel Affidavit, Exh. A, p. 6 of Ij September 8, 1989 memo]. Ultimately, an access option was chosen with a - view toward "minimizing impacts on traffic levels of Pleasant View." Ld. at p. 1, Exh. A. In 1990, the deficiencies of Pleasant View Road were again reflected in the Eastern Carver County Comprehensive Transportation Planning Study, where Pleasant View Road between County 0 Road 17 and Highway 101 was included in a list of roads which might receive capacity and safety improvements, at a cost of $3,500,000. Ludvigson Affidavit, Exh. 3. The safety and capacity concerns regarding Pleasant View Road were again raised in I 9 connection with the approval of the Troendle Addition Development in 1991. In addressing right- of -way issues, the City's Director of Planning recognized that improving Pleasant View Road would involve "difficulty". Id. However, he further recognized that: Pleasant View ... carries a significant volume of traffic and that this will only increase over time. The construction of the Crosstown Highway between Interstate 494 and Highway 101 that will occur in a few years can only add to this pressure. . C. The Challenged Decisions of the City This case involves the challenge to three inter - related decisions of the City: 1) a decision to officially "map" the extension of Nez Perce Drive to Pleasant View Road and intersecting Peaceful Lane on Vineland Lot 5; 2) the decision to approve the preliminary plat for the Tower Heights Addition, including the realignment of Peaceful Lane on the Tower Heights Addition and 3 the decision denying the petition for an EAW which would address the property, ) Y g Pe Po tential impacts of the two proposed projects. A feasibility study had been conducted for the City in July of 1992 which addressed two alternative alignments for the extension of Nez Perce Drive to Pleasant View Road, each intersecting with Peaceful Lane on Vineland Lot 5. Hempel Affidavit, Exh. B. On May 18, 1993, 6 � City staff recommended that this project should be officially mapped by decision of the City Council, and that "Alternative A" be the preferred alignment. Ludvigson Affidavit, Exh. 5. On May 24, 1993, the City Council held a meeting which addressed the mapping issue. Several Chanhassen residents and others opposed the proposed Nez Perce Drive extension, in part on the grounds of the hazards of Pleasant View Road. Plaintiff Stacy Novaczyk reported that "two weeks ago my daughter about got killed getting off the school bus" which was stopped at a blind spot on Pleasant View Road. Id., Exh. 6, at CHSN1533 and CHSN1559. Specific alternatives to the proposed plan were presented which would have provided for dual access to and from the developments in question. Id. Exh. 8. No traffic studies or analyses were presented to the City Council which might address the serious safety concerns raised. Nonetheless, the City Council authorized the mapping of the Nez Perce Drive, with Alternative A as being the preferred alig Ld. at CHSN1563. In addition, the Ci authorized the initiation of condemnation � Y proceedings against Vineland Lot 5. Ld. See also Ld.., Exh. 7. In the subsequent weeks, to the chagrin of the City's Planning Director, neighborhood --position to the extent of Nez Perce Drive grew. Id., Exh 9. During this time period, a petition was circulated "adamantly opposing connecting Nez Perce Drive with Peaceful Lane and Pleasant View Road." Id., Exh 10. The petition expressed the concerns of Chanhassen residents that the extension would create "a tremendous amount of additional traffic on Nez Perce Drive ... all the way down to Pleasant View and then east on Pleasant View all the way over to 101." _ Further stated was the concern that "[e]ventually this increase in traffic would lead to a proposal to widen Pleasant View and Nez Perce Drive which we adamantly oppose." Id. This petition was presented to the City Council at a July 12, 1993 meeting attended by about 100 Chanhassen residents. Id. Exh. 16, p 11. A detailed presentation was made by plaintiff 7 Beddor which included a specific alternate plan which would avoid the pitfalls of the proposed project while providing dual access for emergency vehicles. Id., p. 13. S_ee la , os Exh. 14 and 15. Environmental concerns were also raised at this meeting and a request was made that the City conduct an EAW to address potential impacts on wetlands, trees, as well as traffic - related impacts. In responding to this presentation, Council representatives acknowledged the dangers of Pleasant View Road, and that in spite of the safety risks, the road was heavily used by joggers and bikers. Id., Exh. 16 at p. 15? As acknowledged by Councilperson Dockendorf, "you definitely r have a safety problem." Id. at p._ 17. In spite of the absence of any traffic study or EAW to address such safety and environmental issues, the City Council decided not to reconsider its decision to map the extension of Nez Perce Drive or to consider the alternatives presented to that project. N. at p. 21. _ This decision did not squelch citizen's concerns over the City's failure to consider the environmental or safety impacts of the proposed project. Ld., Exh. 17. In July, 1993, a petition for an EAW was filed and signed by over 50 Chanhassen residents. Hempel Affidavit, Exh. G. The petition for an EAW specifically addressed both the extension of Nez Perce Drive on Vineland Lot 5 nod the Tower Heights Addition, with its realignment of Peaceful Lane. U. On July 21, 1993, a City Planning Commission Meeting was held to consider the proposed - approval of the preliminary plat for the Tower Heights Addition. Id., Ludvigson Aff., Exh. 18. At this meeting, a presentation was made by Mr. Daryl Fortier on behalf of Plaintiff Beddor and the Pleasant View Homeowners' Association. jd.l at CHSN2443. During this presentation, a 2 City Councilperson Wing mistakenly remembered that a traffic study had been conducted in years past to address the potential traffic impacts on Pleasant View Ind. at p. 16]. Such study was specifically requested by Plaintiff in Plaintiffs' Request for Documents and no such study exists. See also Affidavit of Jim Benshoof at 112. 8 I * t specific presentation was made regarding the loss of trees which would result through the realignment of Peaceful Lane on the Tower Heights. Addition property. Ld. Once again, feasible alternatives mitigating such loss were presented. Id. at CHSN2444. Associated impacts to nearing ponds were similarly raised LId. at CHSN2448] and an attempt was made to take the preliminary plat approval pending the determination of whether an EAW should be prepared. Ld. at CHSN2447. Associated impacts to nearby ponds were similarly raised. [W. at CHSN2448]. Planning Commissioners specifically asked a staff member whether the pond on Vineland 1 7 Lot 5 and the pond adjacent to County Road 17, which were to receive storm water from the proposed project, were wetlands. They were told that they were not. Id. at CHSN2452. In fact, ;-xh ponds were, at the time, on the official city map designating city wetlands. ,= Affidavit of Daryl Fortier, Exh. 7. Ultimately, the Planning Commission determined to table the approval of the preliminary plat pending the receipt of further information from the developer. Id. at CHSN2455. In preparation for the next pertinent Planning Commission meeting, a staff report dated August 13, 1993 was prepared. Ludvigson Aff., Exh. 22. This report specifically acknowledged that the drainage for the Tower Heights Addition would discharge into a "retention pond/wetland near Power Boulevard," also known as County Road 17. Storm water would also be discharged into the pond near Pleasant View on Vineland Lot 5. Id. Sm 1Wm July 8, 1992 feasibility study, Hempel Aff., Exh. B, Drawing No. 5. On August 18, 1993, a Planning Commission meeting was held, again addressing the preliminary plat approval for the Tower Heights Addition. Id. Exh. 23. Concerned citizens raised environmental concern regarding the proposed project including the loss of trees up to 80 years old. 9 A N. at CHSN2076. Accident data was presented to the Planning Commission indicaimg that some 1 traffic accidents had occurred on Pleasant View or Nez Perce Drive during a two year period. 0 S Y Pe 1_d,. at CHSN2677. During the same period, Lake Lucy Road, an area which had also expressed ' safety concerns, had only one accident. Ld. The fact that no traffic study had been conducted was again brought to the City's attention. Id. at CHSN2677. Various feasible alternatives were presented by Mr. Beddor to the Planning Commission. Id. at CHSN2678. Another concerned resident discussed various feasible alternatives. Id. at CHSN2681. Virtually every presentation made, save that of the developer, opposed the proposed project as planned, either on safety or environmental grounds. Id. Specific requests for an EAW and traffic study were made. Id. In responding to the presentations that went on to the wee hours of the morning, all of the Commissioners acknowledged that there are legitimate safety issues presented by the condition of Pleasant View Drive. Ld. at CHSN2696 -706. Mr. Hempel of the City Engineer's Office concurred. Id. at CHSN2698. It was acknowledged by the City's Chief Planner that "[a] specific traffic study was never done;" Ld., and ilrat the "Pleasant View Road issue is going to be back before the City Council in a year or two because the safety issue is not going to go away." Id. at CHSN2697 -98. While admitting desirability of a traffic study, Commissioner Batzli lamented that, "I don't think there's any support other than me to slow this baby down." Id. at CHSN2701 -02. The Commissioner proceeded to recommend that the City Council approve the preliminary plat for Tower Heights as shown in plans dated June 8, 1993. Ld. at CHSN2706. However, the Planning Commission members were each specifically asked to give their recommendations on the EAW petition. Id. at CHSN2704. In response to this request, Commissioner Farmakes also supported an EAW, citing in part the fact that "Pleasant View as it 10 i I I 1 I I it goes to the east ... is a major traffic hazard." N. at CHSN2705. Commission Batzli as t well stating that: ...there's a lot of people here that have safety concerns. The City staff, regardless of whether they really want to look at it one more time or not, needs to take a good look at that. � jd. at CHSN2708 and 2706. Only Commissioner Scott expressed no interest in a traffic study. t The City Council took up the EAW petition issue at a hearing held on August 23, 1993. Id., Exh. 24. In preparation for this meeting, a proposed scope of work for the preparation for an EAW was ared. Exh. 23 CHSN2727 -32. The City Planning Director recommended to Prep � � tY g the City Manager that an EAW be conducted, albeit on pragmatic grounds. Id. at CHSN2733. z. The next day, on August 19, 1993, the City Manager stated that, "I firmly believe that an EAW d must carried should an s be cam out." o However, on August 20, 1993, the City Planning Director learned that the cost of the EAW _I.rld not be $10,350, as he had first thought, but $43,256, and he so informed the City Manager. Ld. at CHSN2725. At the August 23, 1993 City Council meeting, the City Council considered the EAW petition. Id., Exh. 24. Review of those minutes reveals that virtually the gDly factor considered by the City Council was the cwt of the EAW. Ldd. at CHSN1294 -99. Although there had been no discussion of the potential environmental impacts addressed in the petition, the City Attorney offered to prepare findings of fact supporting the denial of the EAW petition "focused on the fact that there's no apparent significant environmental harm that will be caused by the project." Ld. at CHSN1299. 3 At the same meeting, various alternatives to the proposed projects were presented to the City Council by Mr. David Doerr. Id., Exh. 24. 11 Mr. Knutson subsequently prepared the Findings of Fact and Decision that wis adopted by the City Council. Id., Exh. 24. However, the findings addressed only one of the two projects which were the subject of the petition, the extension of Nez Perce Drive on.-Vineland Lot 5. For example, only the trees on Vineland Lot 5, owned by Mr. Beddor, were addressed; the trees on the Tower Heights property were ignored. Id. at CHSN1286. Likewise, only the pond on Vineland Lot 5 was addressed, and not the pond adjacent to County Road 17. Id. = Alm Affidavit of Daryl Fortier. Even those issues addressed were discussed in conclusory unsupported terms. N. Having authorized the mapping of the Nez Perce Drive Extension, and having denied the EAW petition, on September 17, 1993, the City Council addressed the issue of preliminary plat approval for the Tower Heights Addition. Id., Exh. 25. At that meeting, the City Council was specifically notified that they had been ignoring the impacts associated with the Tower Heights Addition. Id. at CHSN2822. The City Council was again urged to conduct an EAW and traffic study, to no avail. Id. at CHSN2821 -24. The preliminary plat was approved, despite the absence of studies to examine the environmental and safety impacts of the proposal. Ld. at CHSN2835 ° C. Impacts on the Environment 1. Wetlands /Ponds The two ponds /wetlands will be directly impacted by the proposed road construction projects. Storm water and runoff will drain directly from the Nez Perce Drive extension into both 4 In subsequent weeks, the City Council considered various alternatives to the proposed alignment of the Nez Perce Drive extension, all of which were rejected. Id., Exh. 23 and 29. None of the proposals considered included the alternative presented to the City Council by Plaintiff Beddor or his representatives. Id. 12 I � I I F 1 `E 7 s t 1 ponds, one located on Vineland Lot 5 and the other located next to County Road 17. Affidavit of Daryl P. Fortier at 13 (hereinafter "Fortier .Am. 1 The City's motion for summary judgment claims that the Vineland. Lot 5 pond is not a wetland. However, this pond, and the pond adjacent to County Road 17 have been and continue to be designated wetlands pursuant to the City's own wetland ordinance. Fortier Affidavit, 115- 17. In fact, the federal government, the state government and the City representatives have treated the Vineland Lot 5 pond as a wetland in the past. Id. The first pond/wetland, located on the Vineland Lot 5 property, has been reconfigured to conform with National Urban Runoff Program (NURP) Standards. Affidavit of Richard Osgood at 15 (hereinafter "Osgood Aff. 1 "). This means that the pond/wetland's depth, length, width, contours and flow patterns have been designed to trap pollutants such as phosphorous and nitrogen. Osgood Aff. 15. It is highly likely that, as a result of the proposed road construction, the pond on Lot 5 will receive additional runoff from the new road surfaces and adjacent lands. Osgood AMA 16. These increases are likely to impair the ability of the pond/wetland to remove pollutants from the water as it was designed to do, and fill the pond with sediments at a much faster rate. Osgood Aff. 1116-17. potentially toxic chemicals. As a result, there will be physical disruption of the bottom habitat and The sediments are likely to contain pollutants consisting of heavy metals and other direct toxicity to the animals living nearby. Osgood Aff. 118. Many of the animals involved constitute the base of the aquatic food chain. Their destruction may well affect the entire animal community in this area. Osgood Aff. 118. The suspended sediment increase in the Lot 5 Pond may affect the emergent plants which serve as habitat for numerous wildlife species. Osgood Aff. 120. Increases in nutrients, pesticides =A 13 and metals, all of which are possible is a result of the road changes, are likely to have direct toxic effects on aquatic plants and animals. Osgood Aff. 121. Furthermore, the presence of oils and gases that float on the surface of the water are likely to increase. Such drainages will affect the exchange of gasses between the atmosphere and the water. Osgood Aff. 122. The impacts of Defendants' mad changes will affect the second pond/wetland in a similar manner, and have similar impacts on neighboring Christmas Lake. Osgood Aff. 125. The only difference between the two ponds is that Pond 17 (the second pond) was not designed according to NURP standards. Accordingly,_ its pollution retention functions would not be altered. 2. Christmas Lake Christmas Lake, as a result of its purity and low concentration of nutrients, is more sensitive than other lakes in the region. Osgood Aff. 128._ Even small increases in pollutants would have significant impacts. The road changes proposed to Nez Perce Drive and Peaceful Lane will very possibly impact _ - istmas Lake. The increase in water and pollutants to the two ponds /wetlands will be carded dor nstream, through a series of ponds, and ultimately end up in Christmas Lake. Osgood Aff. 1 29. These pollutants, if transferred to Christmas Lake, are likely to create a significant environmental impact. 3. Tree Loss The extension of Nez Perce Drive and the realignment of Peaceful. Lane will. have a significant impact on tree loss. Ten trees exceeding 296 inches in height will be cut down, including very mature and healthy Oak trees. Fortier Aff. 129. These trees are up to 44 inches in diameter and many are estimated to be up to 100 years old. Fortier Aff. 129. Additionally, I I 14 r] 1 10 trees exceeding 189 inches in height will be destroyed as a result of the realignment to Peaceful Lane. The plans approved by the City of Chanhassen will result in a total loss of 52 mature trees of 917 caliper inches. Fortier Aff. 130. This plan results in removal of 39.4 % of all existing trees in the area, nearly 10 % more than the maximum allowed by the City. Fortier Aff. 132. The alternative proposed by the Plaintiffs would result in the loss of only 25.7 % of the trees in the area -- significantly less than the maximum allowable loss. Numerous other solutions have been offered which would also allow the City to significantly reduce the tree loss. Fortier Aff. 1134- 36. 4. Quietude The proposed extension of Nez Perce Drive and realignment of Peaceful Lane would, based on preliminary noise calculations, result in significant decibel increases in noise to the community. Affidavit of Richard E. Van Doeren at 115-7 (hereinafter "Van Doeren Aff. 1 "). The current residual noise level at three different test sites in the community, ranged from 31 to 36 dBA. Van Doeren Aff. 14. The proposed mad projects are likely to increase the residual noise level by as much as 13 dBA depending on traffic increases. Van Doeren Aff. 17. It is very likely that, even if vehicle traffic increased by only a conservative estimate, that the residual noise would exceed the Minnesota Noise Standards. Van Doeren Aff. 17. The Minnesota Rules of Civil Procedure state that summary judgment shall be rendered if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that their is no genuine issue of material fact and that either party is entitled to judgment as a matter of law." Minn. R. Civ. P. 56.03. The United States Supreme Court has 15 V stated that under the plain language of Rule 56, a Court may only grant summary judgment where " re proof" concerning an essential element of the nonmoving there is a complete failure of prop g S case. Celotex Corp. v. Catrett 477 U.S. 317 322 -23 (1986). ' A party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those documents which demonstrate the absence of a genuine issue of material fact. Celotex Coro. 477 U.S. at 323. A motion for ' summary judgment may not rest on a mere denial of the allegations in a complaint. A moving ' party bears the burden of proving that the claims asserted in a complaint are wholly unsupported such that no genuine issue of material fact exists. Id. ' The nonmoving party need not produce evidence in the form admissible at trial to defeat a , motion for summary judgment. Carlisle v. City of Minnea�lis 437 N.W. 2d, 712, 715 (Minn. Ct. App. 1989) . On the cont , Rule 56 mere requires a nonmoving party to present some affirmative evidence supportive of the complaint in order to properly defeat a motion for summary ' judgment. Where, after such a showing, genuine issues of material fact remain, summary judgment must not be g ranted. Id. ' ARGUMENT ' THE LAND AFFECTED BY THE NEZ PERCE DRIVE EXTENSION AND THE REALIGNMENT OF PEACEFUL LANE CONTAINS NUMEROUS NATURAL ' RESOURCES UNDER NEINESOTA'S ENVIRONMENTAL RIGHTS ACT. The Minnesota Environmental Rights Act ( "MERA ") provides any person in the State of ' Minnesota with a mechanism for protecting the air; land, water, or other natural resources of the state from "pollution, impairment, or destruction." Minn. Stat. § 116B.01. Under MERA, nearly every conceivable natural resource is afforded protection, including all "mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational, and historical resources." Minn. Stat. § , 16 L 116B.02., subd. 4; • also Minnesota Public Interest Research Group v. White Bear Rod and Gun Club, 257 N.W. 2d, 762, 768 (Minn: 1977)• ( "[i]t was clearly the Legislature's intent to create an adequate civil remedy to protect natural resources."). In keeping with the - broad application of MERA, there is no substantive requirement that the natural resources in question be unique or unusual. S= Kasden v. Independent School Dist. No. 97, Moose Lake No. C7 -88 -1597, 1989 WL 14900 at *2 (Minn. Ct. App. Feb. 28, 1989) (unpublished and attached hereto) (acknowledging that uniqueness is not part of the definition of a natural resource under MERA, and that such a determination is not required to protect a natural resource). Using these standards for natural resources as a guideline, it is clear that the land impacted by the Nez Perce Drive extension and the realignment of Peaceful Lane contains numerous natural resources. A. The Vineland Lot 5 Pond At the center of Defendants' proposed extension to Nez Perce Drive is a pond /wetland, on Vineland Lot 5 which collects the rainwater and runoff. Defendant now contends that this site is eland. But this site was designated as a wetland by the City of Chanhassen in May, 1992. See Fortier Aff., Exh. 7 attached thereto. The land in question has previously been regarded as wetland, even prior to a formal designation by the City of Chanhassen. See Fortier Aff. 14. Given such contradictory claims and evidence, at the very least an issue of material fact is presented which precludes summary judgment. B. The County Road 17 Pond Just west of the first wetland site, and adjacent to County Road 17 is the second wetland, also classified as such by the City of Chanhassen. ,= Fortier Exh. 3. Defendants failed to address the status of this second protected wetland in their Memorandum of Law, and thus appear to acknowledge it as a protectable natural resource under MERA. At a minimum, Defendants' 17 failure to mention the second pond/wedand (or anything relating to the realignment of Peaceful Lane) suggests that a genuine issue of material fact exists as to whether the wetland is a protectable natural resource under MERA. , C. Trees , In addition to the two protected pond/wetlands existing on or around Plaintiffs' land, the land also contains numerous trees and wildlife. Fortier Aff. 1126 -36. Contrary to Defendants' , unsubstantiated statements in their Memorandum of Law, the property in question contains significantly more than two apple trees and recently- planted nursery stock. On the contrary, the apple trees and nursery stock are located in the area surrounding the first wetland. Numerous other ' trees, older and much more developed, however, exist in the area of the Peaceful Lane alignment. ' All of these trees will be impacted by the two projects, not just the two apple trees cited by the City. Fortier Aff. 1126 -30. ' Minnesota has long recognized trees as a protected natural resource under MERA. See ' People for Environmental Enlightenment and Responsibility Inc. v. Environmental Quality Council 266 N.W. 2d 858, 867 (Minn. 1978) (interpreting Minn. Stat. § 116B.02 subd. 4 as encompassing ' virgin oak trees as natural resources); see also Kasden v. Independent School District No. 97. ' Moose Lake No. C7 -88 -1597, 1989 WL 14900, at *2 (Minn. Ct. App. Feb. 28, 1989) and attached hereto). In spite of this well - established body ' (unpublished ) sP Y of law, Defendants' Memorandum of Law refers, with great frequency, to the views of Michigan courts as they relate ' to trees as protected natural resources. In particular; Defendants argue that in order for trees to be a protected resource, they must somehow be unique. S,-e Defendant Chanhassen 's Memorandum of Law in Support of Motion for Summary Judgment, p. 14 (citing Rochow v. Spring Arbor , Township 394 N.W.2d 102, 104 (1986)). This, quite simply, is not the law in Minnesota. The 18 r Minnesota Court of Appeals has stated that a "determination that the grove [of trees] is not unique does not prevent its protection as a natural resource. Kasden No. C7 -88 -1597, 1989 WL 14900, at *2. Based on this unequivocal view by a Minnesota court, Defendants' argument must be rejected. The trees located near the proposed Nez Perce Drive extension and the trees adjacent to Peaceful Lane, regardless of their uniqueness, are properly viewed as natural resources under D. Quietude Quietude is also recognized under MERA as a natural resource. Minn. Stat. § 116B.02, subd. 4. This provision has been applied by Minnesota courts, and it is evident that quietude is supported by the judiciary in its application of MERA. ,o, .0,L, Urban Council on Mobility v. Minnesota Dept. of Nat. Resources 289 N.W.2d 729, 734 -35 (Minn. 1980) (finding that a proposed alternative would have less effect on an area of quietude); Minnesota Public Intere st ' Research Group v. White Bear Rod and Gun Club 257 N.W.2d 762, 770 (Minn. 1977) ( "it is important to remember that 'quietude' was established by the Legislature as a protectable natural resource."). The ro ert affected b the Nez Perce Drive extension and the realignment of P P Y Y Peaceful Lane is currently an extremely quiet and serene community. Vehicle traffic is minimal, and generally limited to local residents. In this way, the quietude of the property is a natural resource specifically protected under MERA. Defendants' argument to the contrary must be rejected. The foregoing analysis demonstrates the abundance of natural resources on Plaintiffs' property, and the protection of these resources under MERA. In addition to the two wetlands designated by the City of Chanhassen, the property contains an abundance of trees and wildlife, and ,f„ 19 "ro E remains a quiet and peaceful community. Defendants' arguments that none of these resources constitute "natural resources" protectable under MERA must be rejected. II. THE NEZ PERCE DRIVE EXTENSION AND THE REALIGNMENT OF PEACEFUL _ LANE WILL CAUSE POLLUTION, DdPAIRMENT, OR DESTRUCTION OF THE NUMEROUS NATURAL RESOURCES ON AND AROUND PLAINTIFFS' LAND. A. The Wetlands In recent years, both Congress and the Minnesota Legislature have specifically taken action to protect wetlands. 4=, c L, 16 U.S.C. § 3901(a)(1) ( "wetlands play an integral role in maintaining the quality of life through material contributions to our nation's economy, food supply, water and quality, flood control, and fish, wildlife, and plant resources, and thus to the health, safety, recreation, and economic well-being of all our citizens of the Nation "); Minn. Stat. § 103A.202 ( "[t]he Legislature finds that it is in the public interest to preserve the wetlands of the state "). The Wetland Conservation Act of 1991, in particular, advocates a "no net loss" principal in terms of the quantity, quality, and biological diversity of Minnesota's wetlands. Minn. Stat. § 103A.201, subd. 2(b)(1). Moreover, any activities that directly or indirectly destroy or diminish the quantity or quality of existing wetlands, must be strictly avoided. Id at subd. 2(b)(3). Although the Wetland Conservation Act does not provide for a private cause of action, it offers considerable guidance as to the importance of protecting existing wetlands. The two wetlands at issue in this case will be significantly impaired and deteriorated by the extension of Nez Perce Drive and the realignment of Peaceful Lane. As. Defendants admit in their Memorandum of Law, the storm water (and _other chemicals) will run directly from the street extension into the wetland located on Mr. Beddor's property. See Defendant Chanhassen's Memorandum of Law in Support of Motion for Summary Judgment, p. 17. What Defendants fail to state, however, is that the primary receptacle for the initial runoff is the wetland located just 20 1 . 7 J west of Mr. Beddor's property and closer to Christmas Lake (Wetland II). Fortier Aff. 123. In fact, both wetlands will be significantly affected by the drainage from the Nez Perce Drive extension and the increased traffic thereon. It is helpful, for purposes of analysis, to consider the approach taken by federal courts in assessing potential wetland impairment/pollution in light of increased traffic on neighboring roadways. Although the requirements under the National Environmental Policy Act ( "NEPA ") are more strict than those contained in MERA, the analysis used is instructive to the City of Chanhassen's position. In assessing increased traffic near wetlands, federal courts take a hard look at the amount of additional pollutants which might be dispensed into the surrounding environment. 50, gam, People Ex Rel. Van de Camp v. Marsh 687 F. Supp. 495, 500 (N.D. Cal. 1988) (the pollutants which may be released include "oil, grease, toxic metals and suspended solids which may adversely affect the environment "); Le_e also Missouri Coalition of the Environmental v. Coros of Engineers of the U.S. Army 866 F.2d 1025, 1033 (8th Cir. 1989) (in a case involving increased ' traffic near a wetland, the court found proper consideration of traffic /safety impacts and surface runoff in light of extensive studies and analyses performed by the Corps of Engineers). Using these cases as a guide, it is evident that courts have generally recognized that with increased traffic comes increased impairment to wetlands. The City of Chanhassen, both in its decision to condemn Plaintiff Beddor's property, and its Memorandum of Law in Support of its Motion for Summary Judgment, did nothing more than blanketly state, without any substantiation, that the street extension and realignment will not impact s The City of Chanhassen's failure to conduct any sort of comprehensive traffic analysis makes it somewhat difficult to gauge the maximum number of vehicles that could use the new road. Plaintiffs' experts, however, expect a significant increase in traffic due to the extension. S= Benshoof Aff. 1110-11. 21 E the wetland on Mr. Beddor's property. The City offered no basis for this conclusion, and has said nothing about the wetland (Wetland In which will collect the most significant amount of runoff. Plaintiffs on the other hand, referenced specific state and federal concern for wetlands such as those involved in this dispute. Plaintiffs cited experts who studied the proposed extension and realignment, and concluded that there will be serious impairments to the two wetlands. generally Affidavit of Richard Osgood. Additionally, Plaintiffs cited federal cases discussing roadways adjacent to wetlands, and the significant environmental impacts involved as a result of automobile traffic. Based on the considerable body of law and facts supporting Plaintiffs' position, and the City of Chanhassen's failure to state any authority supportive of its position (other than a conclusooy sentence at the end of its argument), Defendants' Motion for Summary Judgment must be denied. It is expected that Defendants will argue (at the hearing) that Michigan's four -part analysis for determining a "materially adverse affect" must be applied to the wetlands in this case. See City of Portage v. Kalamazoo County Road Comm'n. 355 N.W.2d 913, 915 -16 (Mich. Ct. App. 1984). Although Defendants made no mention of this test in their briefing of the wetland issues, some mention was made in another section of their Memorandum of Law. The four -part test, which has never officially been adopted in Minnesota, balances the following four factors in assessing whether there is a "materially adverse effect" under MERA: a 1* 1 I I 1 1. Whether the natural resource involved is rare, unique, endangered, or has 1 historical significance; 2. Whether the resource is easily replaceable; ' 3. Whether the proposed action will have any significant consequential effect on other natural resources; and ' 22 r- 4. Whether the direct or consequential impact on animals or vegetation will affect a critical number, considering the nature and location of the wildlife affected. City of Portage 355 N.W.2d at 916. ` Application of these factors weighs heavily in favor of the Plaintiffs' cause of action and indicates the numerous issues of material fact which remain in this lawsuit. The state and federal laws governing wetland conservation establish that any wetland, in this day and age, is rare, unique, and often endangered. The two wetlands involved in this case are no exception. Second, a wetland is not easily replaced or repaired once it has been impaired or polluted. Records from the City of Chanhassen indicate that the two wetlands at issue have been in existence for many years. ,= Fortier Aff. 14. Any impairment or pollution will be tremendously difficult to rectify. ' Third, the increased pollution and impairment of xhe wetlands is highly likely to have significant adverse effects on Christmas Lake. Both wetlands drain directly into Christmas Lake, which is one ' of the purest lakes remaining in Carver County. Osgood Aff. 128. An EAW is needed to determine what the long -term effects of this increase in pollution to Christmas Lake may do to the lake's ecology. Again, the City of Chanhassen failed to perform any environmental analysis before ' adopting its plan. Finally, the pollution and impairment of the wetlands will have a consequential impact on animals and vegetation in the area. Osgood Aff. 1118-23. Accordingly, even under the four -part Michigan test, Plaintiffs have established a "materially adverse effect" on the two wetlands. At a minimum, genuine issues of material fact exist regarding the adverse effects such that Defendant Chanhassen's Motion for Summary Judgment must be denied. 23 ii —1 B. Tees I In addition to the significant impact that the extension of Nez Perce Drive and realignment of Peaceful Lane will have on the wetlands, they will also do substantial -damage to the trees growing in the community. As already indicated, the realignment of Peaceful Lane and the ' extension of Nez Perce Drive will impact well in excess of fifty trees, many of which are 100 ears old. Fo Aff. 30. The destruction of these trees (only ' a Y � � � ( Y the seedlings can be replanted) constitutes the destruction of a natural resource, thereby creating a viable cause of action under MF.RA. In their discussion of environmental impacts to trees, Defendants provide numerous , P P references to opinions by the Michigan Court of Appeals, all of them interpreting the Michigan. Environmental Protection Act (Mich. Comp. Laws § 14.528 (201) gl. e=.). These cases are neither controlling or apposite to the Motion for Summary Judgment before this Court. See, ' S PPo �'Y S �—. �• Kent County Road Comm'n v. Hunting 428 N.W.2d 353, 359 (Mich. Ct. App.4988) (refusing ' iii enjoin the removal of certain trees, in part, because, they were, sick and in the process of dying); Highland Recreation Defense Found v. Natural Resources Comm'n., 446 N.W.2d 895, 898 (Mich. Ct. App. 1989) (involving a large wilderness area where the removal of trees did not ' significantly impact the tree content of the area). These decisions, in addition to applying non- Minnesota law, involved factual differences rendering them useless to the present dispute. Unlike the Michigan cases referred to in Defendants' Memorandum .of Law, the trees that will be destroyed by Defendants' road construction .are unique and isolated. The grove of trees ' exists in an almost fully - developed residential area. Defendants acknowledge this on four separate occasions in their Memorandum of Law. See Defendant Chanhassen's Memorandum of Law in Support of Motion for Summary Judgment, pp. 14, 18, 19, 20. These trees, many of which 24 ' approach 100 years old, are some of the few remains of what was once a heavily - forested region of Minnesota. Although Defendants assert `that "there are no unique natural features" left in Chanhassen U. at 20), this is simply not true. The trees are a unique natural feature in a now highly - developed community. Granting Defendant's Motion for Summary Judgment would allow the destruction of one of the few remaining natural resources in Chanhassen. Such action is contrary to the clear intentions of the Minnesota Legislature in drafting and enacting MERA. The purpose of MERA is to protect Minnesota's natural resources so that both present and future generations may enjoy them._ Holte v. State 467 N.W.2d, 346,348 (Minn. Ct. App. 1991). The Legislature's creation of a private cause of action was designed to effectuate this purpose. In view of this well- accepted policy under MERA, and Defendant's intention to destroy what are clearly unique and isolated natural resources, Defendant's Motion for Summary Judgment must be ' denied. Even if the Court were persuaded to apply the four -part Michigan test to determine if the destruction of trees has a "materially adverse effect," Defendant's motion must still be denied. The four factors are not separate requirements, but mere indicators that must be balanced in determining whether an adverse effect exists. See Kasden, No. C7 -88 -1597, 1989 WL 14900, at *2. Regardless of how strictly the factors are applied in Michigan, the Minnesota Supreme Court has long been of the view that a case -by -case approach is required under MERA and that general equitable notions of fairness ought to govern. See, gg SST Inc. v. City of Minneapolis 288 N.W.2d 225, 231 (Minn. 1979) ( "MERA does not describe elaborate standards to guide trial courts but allows a case -by -case determination by use of a balancing test, analogous to the one traditionally employed by courts of equity, where the utility of a defendant's conduct which interferes with natural resources is weighed against the gravity of harm ... resulting from such 25 1 interference "). In light of the uniqueness of the trees in Chanhassen, and the fact that many of the trees would require more than 100 years to truly replenish, it is evident that destruction of the trees would constitute a materially adverse effect. At a minimum, there are genuine issue of material . fact surrounding this issue, thereby precluding dismissal of the case on summary judgment. , C. Quietud Pursuant to Minn. Stat. § 116B.02, subd. 4, as this provision has been interpreted by the ' Minnesota Supreme Court, the area affected by the realignment of Peaceful Lane and extension of ' Nez Perce Drive is an area of quietude. Minnesota Public Interest Research Group v. White Bear 77 (Minn. 197 6 This peaceful and serene community ' Rod and Gull Clubs 257 N.W.2d 762, 0 (Main 7) pea y is a protected natural resource under MERA, which will be significantly impaired by defendants' road construction projects. _ .i Recent measurements of community noise levels indicate residual/background noise is currently between 31 and 36 dBA, making this a very quiet area. ,See Van Doeren Aff. 17. , Although the probability of exceeding these maximum noise limitations depends on the actual I increase in vehicles per day (which information is unavailable based on defendants' failure to conduct a traffic analysis), the preliminary traffic noise calculations show a definite potential for violation of the Minnesota Noise Standards. Van Doeren Aff. 18. Violation of the Minnesota Noise Standards constitutes a materially adverse effect that will impair an area of quietude. Genuine issues of material fact surround this issue and thus preclude the granting of Defendants' Motion for Summary Judgment. ' 6 See Plaintiffs' earlier discussion of how this area is protected as an area of quietude under MERA. 26 1 U1 M. THE FAILURE TO PREPARE AN ENVIRONMENT ASSESSMENT WORKSHEET, ' IN LIGHT OF THE POLLUTION, IMPAIRMENT, AND /OR DESTRUCTION OF NATURAL RESOURCES, WAS BOTH ARBITRARY AND CAPRICIOUS AS A ■ MATTER OF LAW. A. Procedural Inadequacy Defendants seek summary judgment on claims that they failed to prepare an environmental 1 assessment worksheet ( "EAW ") and that this failure was arbitrary, capricious, and manifestly unreasonable. In support of their motion, Defendants state simply "that an EAW was not needed and would not be prepared." Jr& Defendant Chanhassen's Memorandum of Law in Support of Motion for Summary Judgment, p. 22. To properly evaluate such a motion, however, a court must review the record and determine if there is support for such a summary dismissal. See, ft x., Swanson v City f Bloomington 421 N.W.2d 307 311 -2 (Minn. 1988 S y o (Mum ) in similar action for ' a mmary judgment, court based its ruling on a full review of the record consisting of the municipal body's findings of fact, memoranda submitted by the parties, and verbatim transcripts of all of the ■ hearings). Defendants failed to place the record, or at least any significant portion of the record, ' before this court. Accordingly, Defendants' Motion for Summary Judgment must be denied. Review of the Findings of Fact and Decision prepared by the City of Chanhassen indicates that even if Defendants had placed the record before the Court, such record is wholly inadequate. ■ The findings do not mention, much less evaluate, the realignment of Peaceful Lane on the Tower ' Heights Addition property and the environmental impacts arising therefrom. Even though the realignment will have significant impacts on numerous trees and a wetland adjacent to County Road- 17, the City of Chanhassen failed to consider this in reachin g S its findings of fact and ultimate decision not to prepare an EAW. Accordingly, even if the record were before the Court, its inadequacy precludes a strict "on the record" review. Honn v. City of Coon Rapids 313 N.W.2d, ■ 27 409, 418 -19 (Minn. 1981). The parties must be allowed to supplement the record, ind the Court must not confine its review of the City's decision solely to the record. Northwestern College v. ;. City of Arden Hills 281 N.W.2d, 865, 868 -69 (Minn. 1979). Sufficient procedural inadequacies exist for the Court to deny Defendant's Motion for ' Summary Judgment without consideration of whether Defendant's Decision was arbitrary or capricious. In light of the inadequacy of the record and the non - record review which applies as �. P eq Y a result, disposition of this claim is best left for trial when all discovery is terminated and the record can best by supplemented. The procedural inadequacies notwithstanding, however, it is evident, even at this stage, that the City of Chanhassen improperly failed to prep are an EAW and that this failure was both arbitrary and capricious. ' B. Substantive Inadequacy Pursuant to Minn. Stat. § 116D.04, subd. 2a(c), an EAW must be prepared "whenever material evidence accompanying a petition by not less than 25 individuals ... demonstrates that, ' because of the nature or location of a proposed action, there may be 'potential for significant ' environmental effects" (emphasis added). A determination by a governmental body of whether to P erform an EAW under this statute is reviewed on the basis of whether it was unreasonable, arbitrary, or capricious. Carl Bolander & Sons Co. v. City of Minneapolis 502 N.W.2d, 203, 207 (Minn. 1993). Numerous issues of material fact exist on the substantive issue of whether an EAW was required and whether the City of Chanhassen's decision was unreasonable, arbitrary, or capricious. , �T The City completely ignored the environmental impact of the realignment of Peaceful Lane on the Tower Heights Addition prope No mention of this project is made in either the City's Findings g P J tY s g of Fact or its Memorandum of Law. As already discussed, the realignment and extension will have 28 r significant effects on the environment. Concrete proof that such effects will occur, however, is not required to trigger an EAW. The evidence must merely suggest the potential for significant 1 environmental effects. Carl Bolander & Sons Co. 502 N.W.2d at 206. In view of the numerous impacts which Defendant's projects will have on the environment, the "potential" test is unquestionably satisfied in this case. At a very minimum, genuine issues of material fact surround this question and thus preclude the granting of Defendants' motion. The City of Chanhassen's failure to consider the environmental effects of realigning Peaceful Lane on the Tower Heights Addition property, also suggest that the ultimate decision not to prepare t an EAW was unreasonable, arbitrary, or capricious. 5= M.T. Properties. Inc. v. Alexander 433 N.W.2d, 886, 893 (Minn. Ct. App. 1988) (a governmental body's "decision is arbitrary and ' capricious when it resents the a will and not its judgment or when the decision is without P rep resents J � t evidence to support the conclusion ") (quoting utter of Whitehead 399 N.W.2d, 226, 229 (Minn. Ct. App. 1987)). It is generally accepted that action by a governmental body that is not supported by the written findings and conclusions is both arbitrary and capricious. See, g,,,, In re Waste Water Treatment Facilities 366 N.W.2d 118, 121 (Minn. Ct. App. 1985). Because the Findings ' of Fact and Decision prepared by the City of Chanhassen do not support its decision not to prepare an EAW, the ultimate decision was both arbitrary and capricious. At a minimum, genuine issues of material fact surround this question and thus preclude the granting of Defendant's motion. Assessment of Defendant's failure to prepare an EAW is aided by consideration of the cumulative effect of present and future road projects in this community. In particular, and as Defendants are well- aware, if the proposed road projects proceed and Plaintiffs' land is condemned, pressure for other improvements on Pleasant View will be necessitated with future environmental impacts. S_ee Benshoof Aff. 1 11. This type of problem is known as "segmenting," and is 29 frequently encountered in NEPA cases at the federal level. Segmenting occurs when a larger project is reduced into smaller pieces to avoid the environmental regulations and concerns which would come to bear if the project were undertaken as a whole. See,, West Chicago Ill. v. ' United States Nuclear Regulatory Comm'n , 701 F.2d, 632, 650 (7th Cir. 1983) ( "'segmentation' allows an agency to avoid the NEPA requirement that an EIS be prepared for all major federal actions with significant environmental impacts by segmenting an overall plan into smaller parts involving action with less significant environmental effects "). By assessing only the environmental effects of extending Nez Perce Drive on Vineland Lot 5, and ignoring the future road work and changes required by the proposed changes, Defendants ' have engaged in a sort of segmenting that mischaracterizes the environmental impact to this community. Pleasant View, even though technically a "collector" street, will require significant changes to adequately handle the increased traffic from Nez Perce Drive. Benshoof Aff. 14. g e9 Y None of the environmental impacts resulting from these construction projects were discussed in terms of cumulative effect. On the contrary, Defendants have segmented these projects into smaller pieces and conducted limited environmental evaluations of these smaller projects. In considering whether the Defendants have properly considered the "potential" for significant environmental effects, pursuant to Minn. Stat. 116D.04, Plaintiffs respectively ask that the Court consider the cumulative environmental implications of Defendants' construction activity in this community. Numerous issues of material fact surround the issue of segmentation and overall environmental ' impact, which are properly resolved at trial. These issues of fact provide yet another reason why Defendants' Motion for Summary Judgment must be denied. IV. CHANHASSEN CITY COUNCIL'S "MAPPING DECISION" FOR THE NEZ PERCE DRIVE EXTENSION AND THE PLATTING OF THE REALIGNMENT OF PEACEFUL LANE WAS BOTH ARBITRARY AND CAPRICIOUS. DEFENDANTS 30 1 FAILED TO CONSIDER THE WPACTS ON TRAFFIC, SAFETY AND THE ENVIRONMENT. In Count Three of the Amended Complaint, Plaintiffs assert that Chanhassen City Council's decision to ma the extension of Nez Perce Drive and plat the realignment of Peaceful p p gnm Lane failed to study the impacts on traffic, safety, and the environment, Plaintiffs assert that, as such, the ' decision was arbitrary, capricious and manifestly unreasonable, particularly in the view of the long , • recognized hazards of Pleasant View Road. Defendants' Motion for Summary Judgment fails to address this claim. No argument is offered to suggest that the City Council properly studied the ' traffic, safety or environmental concerns before rendering its mapping decision. Accordingly, Defendants have failed to meet their burden of demonstrating no genuine issues of material fact. The Motion for Summary Judgment must be denied. I Even if Defendants had addressed this claim, their motion must still be denied. Judicial .' review of the City Council's mapping decision is provided for pursuant to Minn. Stat. § 462.361, subd. 1 ( "[a]ny person aggrieved by an ordinance, rule, regulation, decision or order of a governing , body or board of adjustments ... may have such ordinance, rule, regulation, decision or order t reviewed by an appropriate remedy in the district court"). Pursuant to this statutory provision, a court must determine whether there was a "reasonable basis" for the decision, or whether the decision was arbitrary, capricious and manifestly unreasonable. Honn v. City of Coon Rapids 313 N.W.2d 409, 416 -17 (Minn. 1981); see lg o In re Garva 222 N.W. 578, 580 (Minn. 1928) ( "[t]he rule followed b this court in cases where a count or town ' y y o board has either laid out or refused to lay out a public highway is that the action of such board will not be disturbed by the ' court unless it appears that it was arbitrary and unreasonable ") (emphasis added). This review process is conducted "on the record. " Honn 313 N.W.2d at 416 (noting that a court is allowed 31 LA to receive additional evidence where relevant to the issues raised and considered before the ' municipal body). Chanhassen City Counsel's decision to extend Nez Perce Drive and realign Peaceful Lane was made without any study of the traffic or safety. No traffic analysis was conducted to ' determine the expected increase in automobiles or the corresponding increase in automobile- related P� � g ' dangers/accidents. The City Council, ostensibly, chose to proceed with the road construction plans without any thought as to • how these projects would effect the safety of roads in the community because it did not wish to invest in such analyses. ,M Ludvigson Aff., Exh. 24 and 25. Plaintiffs ' simply ask that proper consideration be given to these terribly important concems before the City ' Council adopts such a significant course of action. Defendants' failure to provide any meaningful analysis renders the decision arbitrary, capricious and manifestly unreasonable. ' Defendants' failure to address this cause of action in their Motion for Summary Judgment leaves numerous issues of material fact. Furthermore, the complete failure of the City Council to study traffic /safety issues in rendering its mapping and platting decisions, in addition to its failure to consider environmental impacts (discussed earlier), demonstrates the abundance of genuine ' factual issues which remain in this dispute. For these reasons, Defendants' Motion for Summary Judgment must be denied. ' V. PLAINTIFFS' CLAIMS ARE WELL - GROUNDED IN LAW AND FACT. DEFENDANTS' REQUEST FOR ATTORNEYS' FEES AND COSTS MUST BE ' DENIED. At the close of Defendants' Memorandum of Law, they ask for an award of attorneys' fees pursuant to Minn. Stat. 549.21 subd. 2 on grounds that Plaintiffs' p � gro s MERA clam was made in 32 bad faith.' Based on the law and facts pertinent to this lawsuit, such an accusation is meritless and must be rejected. Minn. Stat. § 549.21 . subd. 2 > provides for an award of reasonable attorneys' fees upon a showing of bad faith. The burden of proof rests solely on the moving party, as the existence of , bad faith is a question of fact. So Uselman v. Uselman 464 N.W.2d, 130, 140 (Minn. 1990) ' is had not met their burden of proving ' (denying request for attorneys fees on grounds that defendants p g the existence of bad faith). Where a defendant fails to prove the existence of bad faith, the request for attorneys' fees must be denied. Northwest Wholesale Lumber v. Citadel Co. 457 N.W.2d, 244, 251 (Minn. Ct. App. 1990). Defendants' road work will lead to environmental impacts on Christmas Lake, two wetlands, ' numerous trees, and disrupt a peaceful, residential community. In spite of these potential ' significant impacts, Defendants failed to perform any sort of environmental or traffic study. In response to Defendants' actions and failures, and after conducting numerous tests on water, tree, and noise impacts, Plaintiffs brought this action pursuant to applicable Minnesota law. Nothing about this lawsuit is frivolous; no element of this lawsuit was brought in bad faith. Defendants' request for attorneys' fees must be denied. , CONCLUSION I For the foregoing reasons, Defendants' Motion for Summary Judgment must be denied. Genuine issues of material fact exist with respect to eve claim set forth in Plaintiffs' Amended � every I Defendants assert only that Plaintiffs' MERA claim (Count One) was made in bad faith. No mention is made of the EAW claim (Count Two) or the traffic /safety claim (Count Three). ' Presumably, Defendants acknowledge that two of the three counts were properly made. 33 ' 1 Complaint. Defendants have wholly failed to demonstrate that they are entitled summary Judgment as a matter of law. DATED: December 21, 1993 DOHERTY, RLTIvIBLE & BUTLER PROFESSIONAL ASSOCIATION By: Law n oloney Atty. Reg. No. 165 Todd A. Noteboom Atty. . No. 240047 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402-4235 - Telephone: (612) 340 -5555 ATTORNEYS FOR PLAINTIFFS LAM/ksg /42206 34 CERTIFICATE OF SERVICE I hereby certify that on the 21st day of December, 1993, I caused to be served a true and correct copies of the foregoing documents: ` 1. Plaintiffs' Opposition to Defendants' Motion for Summary Judgment; 2. Affidavit of Daryl P. Fortier, 3. Affidavit of Dwight M. Ludvigson; 4. Affidavit of Richard Osgood; 5. Affidavit of Richard E. Van Doeren; 6. Affidavit of James Benshoof; and 7. Affidavit of Edward Terhaar. - upon all Counsel of Record by messenger service, i G A. Moloney STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil --------------------------- - - - - -- Frank Beddor, Jr., Todd Novaczyk Court File No. C9 -93 -1111 and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Plaintiffs, AFFIDAVIT OF DARYL P. FORTIER VS. City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. --------------------------------- STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) _ DARYL P. FORTIER, being first duly sworn, states as follows: 1. I am a practicing Architect duly licensed in the State of Minnesota and Owner of Fortier & Associates, Inc., providing architectural, planning, and interior design services. Since 1978 ' I have been providing architectural and planning services to Mr. Frank Beddor, Jr., and have been engaged to develop the Beddor property, Vineland Lot 5, location of the proposed extension of Nez ' Perce Drive and location of a portion of the proposed expansion and realignment of Peaceful Lane.. The balance of the proposed work on ' Peaceful Lane would occur on property adjacent to Vineland Lot 5 which has preliminarily been platted for development under the name Tower Heights Addition. Over the years, I have either designed or ' reviewed the development of virtually all of the land surrounding the Vineland Lots and have become intimately familiar with the planning issues involved in the proposed extension of Nez Perce Drive, and the realignment of Peaceful Lane. 2. I have received and reviewed a copy the City of Chanhassen's "Motion for Summary Judgement ", with accompanying memorandum and affidavits, dated Nov. 24, 1993. I have also reviewed documents from my files and from the files of the City of Chanhassen. Based on this review and my work experience, I believe that the City of Chanhassen's submissions contain numerous assertions of facts which are clearly wrong. There are also several significant and damaging environmental impacts of the extension of Nez Perce Drive and the realignment of Peaceful Lane which are simply ignored. POND /WETLANDS 3. Two different existing ponds will be directly impacted by the projects proposed by the City of _Chanhassen. As reflected in the Feasibility study For Nez Perce Drive Extended dated July 8, 1992 (Exhibit B to Affidavit of David Hempel), the City proposes to drain storm water from the Nez Perce Drive extension to two ponds. As specifically reflected in Drawing No. 5 of the Feasibility Study, which I have attached as Exhibit 1, storm water would drain to the east to a pond on Vineland Lot 5-and to the to a pond which is adjacent to County Road:17_. In addition, the City has apparently concluded that it may need to alter and expand the pond on Vineland Lot #5 in order to address the additional storm water directed to that pond. See Exh. 2. 1 n L I I I i 4. In late 1980s and early 1990s, I was retained to assess Vineland Lot 5, and the "Troendle property," which lies directly to ' the east of Lot 5, and to prepare development plans for these properties. At the time I was retained, there was a pond on the t: eastern boundary of Vineland Lot 5, and a smaller adjacent pond on r the Troendle property directly to the northeast. In addition, there was a larger pond further to the west, outside the boundaries of Vineland Lot 5, which was adjacent to County Road 17. These three conditions are shown on the attached aerial photograph marked as Exh. 3. The settled water on the Troendle property became the site of the pond constructed with the Troendle Addition development. The pond on the Troendle property is designated A2- ' 7(4)(U). The pond on Vineland Lot 5 is designated A2- 7(1)(N), and the pond adjacent to County Road 17 is designated A2- 7(2)(A). I have also attached as Exh. 4 an aerial photograph of these ponds taken in the early 1990s. ' 5. These designations were given to the ponds by the City of ' Chanhassen pursuant to a wetland protection ordinance, attached as Exh. 5. This ordinance calls for an inventory and classification of all wetlands within the City and the creation of a comprehensive set of a official city maps delineating wetlands. Id., Sec. 20- 402(l). 6. According to the documents provided by the City of Chanhassen in May of 1992 the three ponds in question were inspected as part of this inventory, and were each classified as wetlands. A copy of what appears to be the field notes for the 3 t inspection and classification of these three ponds are attached as Exhibit 6. A copy of the City's official wetlands classification ' map which shows these three ponds is attached as Exhibit 7. 7. According to City documents, prior to May 1992, the City I had treated the pond on Vineland Lot 5, sometimes referred to during that time period as the "Owens pond ", as a wetland. Thus, for example, on December 6, 1989, a Senior Planner for the City of Chanhassen, Jo Ann Olson, apparently wrote Mr. Owens, who then owned Vineland Lot 5, to inform him that he needed to obtain a wetland alteration permit in order to fill or grade a "protected wetland" on his property (Exh. 8) Mr. Troendle received a similar notice (Exh. 9). S. Again, according to documents provided by the City, in November, 1990, Ms. Olson responded to Mr. Owen's assertion that his pond had been created in part by the City breaking a drain tile during a sewer project. In that letter Ms. Olson stated that: Upon inspection of the pond with the Fish and Wildlife Service and a representative from the Corps of Engineers, Staff did determine that the area was a wetland, including the ponding area and the lower land directly to the east of the ponding area on a portion of the Troendle property. Exh. 10. Ms. Olson's letter further stated that although the kidney- shaped pond was created in 1960: All of the soil maps from the ' and 1 70s show that area as containing hydric soils which is an indicator of a wetland area. This indicates that the area was a wetland prior to being drained by the tile line. x6 4 1. � I i Finally, Ms. Olson stated that the "fact that a wetland area may not have existed in 1960 or earlier does not mean that it would not be a wetland at this date and protected by the City." 9. According to another document from the City's records, Ms. Olson received a report from the U.S. Soil Conservation Service on November 16, 1990 indicating that the "U.S. Department of the Interior National Wetland Inventory Map, prepared between 1980 and 1990, shows the area to be a wetland." (Exh. 11). 10. The representative of the Soil Conservation Service further stated that, based on the enclosed soil interpretation sheet, "[i]t appears to me that this area has historically been a wetland or at least a wet area." Id. 11. On the other hand, in 1991 and the first half of 1992, City representatives apparently took a different position on the status of the pond on Vineland Lot 5. During that time period, I contacted certain state and city officials regarding the status of the pond in the context of applying for a grading permit. As is reflected on Exh. 12, the grading permit involved in part the proposed reshaping of the pond on Vineland Lot 5 and the combining of the pond on that site with the pond on the "Troendle property," which at that point had been developed and was known as the Troendle Addition. A rough drawing of this portion' of the project is shown on Exh. 13. 12. As reflected in Exhibit 14, upon review of the project plans, a representative of the Minnesota Department of Natural Resources stated: E 1 It appears that there are wetlands on the site that are not under DNR jurisdiction. The U.S. Corp of Engineers should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to these wetlands should be evaluated "[by] the responsible governmental unit (the city and the Minnehaha Creek Watershed District) in accordance with the provisions of the Wetlands Conservation Act of 1991." 13. Subsequently, on June 17, 1992, as reflected in Exh. 15, I contacted the Minnehaha Creek Watershed District and reported my understanding that, in 1991, the City had conducted a survey of the pond area with a DNR representative, and "concluded that this is not a wetland." I further stated that "it is the owner's intent to treat this pond as we would a wetland and to preserve and enhance its benefits-" 14. As reflected in Exh. 16, -in July, 1992, the grading plan was approved by the Minnehaha Creek Watershed District. During that same month I received notice from the U.S. Army Corp. of Engineers that the proposed work was eligible for authorization under a nationwide permit. Exh. 17. 15. On July 17, 1992, I reported the actions of the Minnehaha Creek Watershed District and the Corp of Engineers to Mr. David Hempel, a staff member of the City of Chanhassen. I also reported my understanding that in 1991, the City, in tandem with the DNR, had concluded that the area in question was not a protected wetland. As reflected in Exh. 18, . it had been explained to me that "the DNR can only protect wetlands 6 tin which are 2.5 acres or larger." The pond on Vineland Lot 5 was well below that limit. 16. Ultimately, the grading permit was granted the City, as reflected in Exh. 19. 17. In October, 1993, a draft Surface Water Management Plan for the City of Chanhassen was issued, portions of which are attached as Exh. 20. The ponds previously designated A2-7(1) and A2 -7(4) on Vineland Lot 5 and the Troendle property are reflected on the Wetland Classification Map and the Wetlands Inventory contained in that document. The pond adjacent to County Road 17, A2- 7(2)(N) is also reflected on that map and inventory. 18. I was the person responsible for the design of the pond ' which resulted from the alteration of the pond on Vineland Lot 5 and its merger with the adjacent pond on the "Troendle property." The resultant existing stormwater pond on Vineland Lot 5• was designed and constructed under my direction and 'serves both the Troendle addition and Vineland Lot 5. Stormwater runoff from the I Troendle Addition is collected via storm sewer pipes and is discharged into the east side of the Beddor pond. The pond outlets on the far west side and flows into the County Road 17 pond, Wetland A2 -7(2), which outlets to a pond immediately across County Road 17. That pond is linked by storm sewer piping to a newly created pond within the Curry Farms development. This Curry VA r Farms pond discharges water down a natural open drainageway which leads directly to Christmas Lake, approximately 1500 ft. away. 19. Based on.my investigations and in consensus with the Department of Natural Resources, Watershed and our engineers, it was determined that a single, large pond would better serve the Troendle and Owens properties. Specifically it could better control water runoff by improved nutrient and sediment removal, better provide wildlife habitat, be more easily maintained and be a more desirable residential amenity. 20. The new pond existing today was carefully designed and intended to comply with the National Urban Runoff Program (NURP) standards, reflected in Exh. 21. The design has been reviewed and approved by the City, U.S. Corps of Engineers, Minnehaha Creek Watershed District and the Department of Natural Resources, with appropriate permits being secured. 21. The NURP standards were developed based on significant research of ponding efficiency regarding nutrient and sediment removal, including research conducted in Minnesota. The standards serve as a national model and have been adopted locally. It is the intent of this pond to facilitate storm water runoff in an environmentally sensitive area and in an environmentally beneficial manner. As this pond ultimately discharges into Christmas Lake, which is exceptionally clean and clear, considerable attention has been given to improving nutrient removal and reducing nutrient laden discharges. We have specifically increased this pond's 8 capacity, depth and length -to -width ratio in an attempt to improve performance in this regard. 22. The proposed extension of Nez Perce Drive come to within 85 feet of the highwater elevation of the pond and within 125 feet of the ordinary water elevations. 23. The proposed extension of Nez Perce Drive will cause considerable additional storm water to be collected and discharged into the west end of this pond, as reflected in Exhibits 8 and L of Mr. Hempel lIs Affidavit.- To a great extent, such action will negate the design benefits of the Vineland Lot 5 Pond and adversely affect water quality. 24. A significant NURP criteria is to provide a standing pond of water which allows a gentle flow of water from inlet to outlet. This increases nutrient and sediment removal. In this pond, we have set the inlet pipe 330 feet from the outlet pipe: With an average width of 81 feet, this is a 4:1 ratio and exceeds the NURP standards of 3:1. The City proposal would change this and would i use our outlet pipe as both an inlet and outlet pipe. This totally negates the NURP standards and relegates the pond to simple water storage. Turbulence and sedimentation could also be exacerbated by the City design and thereby further degrade -water quality and'ponding efficiency. 25. The City plan also impacts the pond adjacent to County Road 17. [A2- 7(2)(N)] This pond would also receive a significant 9 increase in storm water runoff volume. Much of the water would be directly piped from the streets and not filtered as they currently are. The remainder would come from temporary storage in the Vineland pond without treatment benefit. To my knowledge, the pond adjacent to County Road 17 is a naturally occurring pond which was designed to NURP criteria and may not be effective in filtering sediment and accompanying nutrients. To date, I have seen no studies addressing these issues. TREE LOSS 26. The survey prepared by Robert L. Peters (Exhibit M to the Affidavit of David Hempel) is seriously flawed in that it does not include a southerly property boundary, does not show the mature trees along the south and westerly edges, nor does it show the topography. More importantly, the survey does not correctly show the extension and realignment of Peaceful Lane which was approved by the City of Chanhassen City Council on September 13, 1993 as part of the preliminary plat of the Tower Heights Addition development (Exh. 22). 27. Based on materials supplied by the City of Chanhassen and specifically the "Tree Impact Plan" prepared by Roger A. Anderson & Associates, rev. date 8/25/93, (Exh. 23) as part of the Tower Heights Addition development, a considerable portion of Right -of- Way is not shown on the Survey..' Of the proposed Nez Pierce roadway extension, approximately 330 feet will cross Mr. 10 Lr I I southerly to serve Tower Heights Addition. This will take approximately 8,120 square feet as compared to the square feet suggested by the Survey by Robert L. Peters submitted to the Beddor's property. However, another 200 feet will also be extended Court. 28. In mid- August, 1993, I was requested to conduct a Tree Loss Analysis which would accurately reflect the impact of the proposed Nez Perce Drive extension and the contingent Tower Heights access. To this end, I -met with the Towers Heights developer and conducted numerous field surveys. I also relied on information provided and approved by City Staff. My report was concluded on August 31, 1993, and was forwarded to the City for their information. Id. 29. Of the proposed extended and realigned Peaceful Lane, approximately 360 ft. extend to the south and up a steep, heavily wooded slope. Of the 360 ft., approximately 200ft. is on Beddor property. Photos of this wooded slope were taken and I have added the approximate location for the roadway as proposed by the city. (Exh. 24 - 27).- Based on my analysis it is clear that ten mature trees of over 296 inches will be lost on the Beddor property due to the proposed roadway extension as approved by the city. The trees lost include very mature, healthy Oaks of up to 44 inch diameters and estimated to be up to 100 years old. Additionally, 10 trees of over 189 inches will be lost on the Tower Heights portion of the 11 steep sloping roadway. All of these very trees are also shown as being removed by the JMS Tree Impact Plan, as approved by the city. (Exh.23). 30. My analysis also reveals that the plans approved by the City will result in a total loss of 52 mature trees of 917 caliper inches. This is in sharp contrast to the 33 trees of 511 caliper inches reported by the City. 31. I was also requested to assess the tree loss if an alternate routing of Nez Perce Drive was executed. This assessment was completed on September 7, 1993. (Exh. 28) . A copy was forwarded to the City for their information. 32. The alternate routing of Nez Perce Drive reduces the total tree loss from 52 trees of 917 caliper inches to only 32 trees of 366 caliper inches. Further, the revised tree loss represents only 25.7% of all the trees on site, which is within the 30% maximum allowable loss established by the City. By contract the City approved plans to remove 39.4% of all existing trees, which exceeds their own standards. 33. Since the initial proposal in 1989 to connect Nez Perce to Pleasant View Road, I have been engaged by Mr. Beddor to prepare alternatives and to review the alternatives of others to that proposed by the city. Primary concerns have always been traffic, safety and environmental impact. 'One such alternate is to extend Nez Perce Drive to Lake Lucy Road on the south, referred to as the "solution." Id. and Hempel Affidavit (Exh. F). 12 ,n 34. This alternate solution would significantly reduce impact on trees, removing only 366 caliper inches versus 917 caliper inches as approved by the city. This is a 2.5 fold reduction. It would also reduce construction on steep slopes, which are in themselves environmentally sensitive features most communities attempt to preserve. It would also enable storm water runoff to be directed to the east end of the Beddor pond to facilitate proper filtration and nutrient removal. 35. This alternate solution presents no construction or technical difficulties. Because of contrary opinions by City staff, the connection to Lake Lucy Road has been surveyed by a licensed, registered surveyor and grading established by a licensed, registered civil engineer. We have established that the connection, on land currently owned by the City, and obtained for the express purpose of access, (Exh. 29) can be constructed in.full accordance with prevailing City standards. . Further, that connection only causes the loss of 3 minor trees, 26 caliper inches, as opposed to 20 mature trees of 485 caliper inches. This alternate solution also provides a second access to improve traffic circulation, improve access to the neighborhood for emergency and public safety vehicles, and provides street access for new development. 36. This alternate solution'has been forwarded to the City along with tree impact and grading assessment. To date I have seen no study or analysis by the City or any of its consultants that 13 consider an alternate extension of Nez Perce Drive similar to what I have proposed. 37. The review of various redesigns by William Engelhart (Hempel Exh. L) all have the same basic alignment for Nez Perce, as stated by Mr. Engelhart and I agree. While he recommends Alternate A, that is not what the City is proposing. Alternate C and E (without cul de sac at Vineland) is much more similar to the City proposal in and about Vineland Lot 5, and reflected in the approved preliminary plat for the Tower Heights Addition (Hempel Affid. Ex. L and Ex. 22). Regarding Alternate C, Mr. Engelhart states it, "results in more tree removal and disruption of the existing topography that either Alternative A or B. . ." (P.7). Regarding Alternate E, he states it, "results in tree loss due to the steep slopes of both the cul -de -sac roadway and the west side of Peaceful Lane; disruption of existing topography would be increased at these locations." (P.8) Again, Mr. Engelhart reaches the same conclusions I have. Mr. Engelhart does not address the environmental impact to the ponding areas. 38. The City contends the road will be constructed over a grassy field (Hempel Affid. Q 6). Actually it is proposed to be constructed across a grassy field with a slide slope of 15 %. This will require substantial grading and earthwork to within 20 feet of the Beddor pond's highwater elevation. The extension to Tower Heights is up a 10.5% slope which is heavily wooded with mature trees up to 100 years old. While trees, ponds and wetlands may not 14 ki I � be unique or endangered, they are valuable protected environmental amenities. 39. The classification of the Beddor pond as.. a wetland is inconsistent and varies depending on the government agency and individual addressing the issue. I have been advised by the City, Watershed and Department of Natural Resources that the area has wetland characteristics. I have been advised by Mr. Owens that he constructed the initial pond and that lack of maintenance, City street construction and unauthorized filing had resulted in expanding the pond beyond the construction banks and nurtured the wetland type of vegetation. The existing pond is a result of our recently directed construction, accepted by the City as "complete "' in July, 1993. 40. The grading permit for this pond incorporated numerous items which I believe have all been complied with. There were no requests to modify the work due to the proposed Nez Perce extension. 41. In April 1993, I did advise City staff of Mr. Beddor's concerns about the extension of Nez Perce Drive across his recently acquired property. The concerns centered on the -loss of prime buildable area including the most desirable location for an estate house, costs and assessments for the road, and safety- of the proposed alignment. The developer of Tower Heights was also present and we did discuss possible alternatives for access to his site and the alignment of Nez Perce. This included environmental 15 impact and mitigation opportunities. I did not advise that Mr. Beddor was "proceeding with home plans that would prevent the City from construction the connection of Nez Perce." (Hempel Affid. q 22) . 42. The Finding of Fact and Decisions (Hempel Exhibits I and K) are not supported by my observations and information in that: .1) Pt. 3 does not include the 200 ft. of right of way for the "proposed street access for new development." .2) Pt. 4 does not include the 10 mature trees of 296 caliper inches removed from the Beddor lot 5. .3) Pt. 5 does not agree with the City engineer's memo and only about 20$" of the trees can be relocated, those being the new plantings. .4) Pt. 7 ignores the probable water quality degradation and the negating of the beneficial environmental functions of the Beddor pond. Reference to expanding the pond is not supported by the City engineer nor my calculations. .5) Pt. 9 fails to acknowledge that the Beddor pond's. "improved performance" cited in Pt. 8 will be degraded and that the proposed City revisions do not follow NURP standards. .6) Pt. 12 must be questioned as many of the basic positions are in error or are incomplete. 16 � -I , � 1 1 43. Moreover, these findings do not even address any of the impacts of the realignment of Peaceful Lane which occurs on the Tower Heights Addition property, which is significant on the subject of the petition for on EAW. 17 FURTHER THE AFFIANT SAYETH NOT. ._ - - Y Subscribed And sworn to before me this day of December, 1993. (\ DAKOTA COUNTY �h C�oerrN�eion �t dot tt t�� sA STATE OF MINNESOTA COUNTY OF CARVER Civil No. C9 -93 -1111 Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post VS. Plaintiffs, City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. STATE OF MINNESOTA COUNTY OF CARVER ss. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil AFFIDAVIT OF JAMES BENSHOOF JAMES BENSHOOF, being first duly sworn, states as follows: 1. I am a practicing traffic engineer and am President of Benshoof & Associates, Inc. I have 24 years of traffic engineering experience and have performed work for a variety of public and private organizations. Public clients have included the Minnesota Department of Transportation, Hennepin County, Carver County, and Cities of Chanhassen, Eden Prairie, and Minnetonka. A copy of my resume is attached and labeled as Exhibit 1. 2. I have been retained to conduct a traffic survey and analysis regarding the potential extension of Nez Perce Drive. The principal purpose of this study is to address the traffic impacts associated with two alternatives for Nez Perce Drive: 1) extending this roadway north to�Pleasant View Road and 2) looping this roadway to the west and south to connect with Lake Lucy Road. We are conducting this study through a multi -step technical process that includes: 1) collection of pertinent data, 2) development of traffic forecasts, and 3) completion of traffic analyses. The study will account for the widening of Townline Road west from County Highway 4 in Eden Prairie to State Highway 101 as a four- or five -lane arterial roadway. V% 3, This study is still in process but certain data have been collected and analyzed. The items that have been obtained and reviewed thus far include: a) Comprehensive set of study reports, memoranda, and volume data from the City pertaining to Nez Perce_ Dr. b) City Comprehensive Plan c) City Standards for Widths of Collector and Local Roadways , d) Eastern Carver County Comprehensive Transportation Planning Study Report e) Environmental Assessment Worksheet for Townline Road f) Information from Fortier Associates regarding the additional number of dwelling units that potentially will be developed in the area that may be affected by Nez Perce Dr. g) Following data collected by Benshoof & Associates, Inc. gl)Daily traffic volumes on area roadways g2)Width and sight distance measurements at selected locations on area roadways g3)Turning movement traffic volumes at following intersections: - County Hwy. 17 and Pleasant View Rd. - Pleasant View Rd. and Fox Path - State Hwy. 101 and Pleasant View Rd. g4)Origin- destination data for traffic using Pleasant View Rd. during the p.m. peak period 4. From the City Comprehensive Plan,_ I noted on page 28 of the Transportation Chapter that Pleasant View Road is classified as a collector. On page 14, the following description of Pleasant View Road is presented: Pleasant View Road - Pleasant View Road serves as the only east /west connection between CSAH 17 and T.H. 101 in northern Chanhassen. The existing roadway alignment is inadequate in several areas. Sharp curves, garages located - at the right -of -way line, hidden driveways - and frequent vistas of Lotus Lake which serves as a distraction, all combine to create potentially dangerous conditions. Previous efforts to improve Pleasant View Road have been unsuccessful. As a result, the inadequacies of this route will continue to intensify in the future as traffic volumes continue to increase. 5. Dan Remer of the City Engineering Department has stated that the City's standard width for a local residential street is 31 feet and that the standard width for a collector street is 36 feet. -2- i 1 1 6. From width measurements taken`b our staff at six locations ations along Pleasant View Rd. between County Hwy. 17 and T.H. 101, the ' width of Pleasant View Rd. varies form 23 to 30 feet. As such the width of this street is substantially below the City's standard for collector routes and does not even meet the City's ' standard for local streets. 7. Edward Terhaar of our staff observed travel.speeds for motorists driving along Pleasant View Rd. He reported that the ' typical travel speed for motorists was 30 to 35 miles per hour. S. Our staff recorded sight distances available for 16 . ' different circumstances along Pleasant View Rd. where some limitation on visibility for motorists was observed. Using standard engineering criteria, the maximum safe speed for each such circumstance then was determined. The'result is that the sight distances available for the following 10 circumstances are insufficient to safely accommodate motorists traveling at 30 mph along Pleasant View Rd: Max. Sight Safe Distance Speed ' Location Situation Feet MPH Pleasant View Road Intersection of Peaceful ' at Peaceful Lane Lane & Pleasant View Road Looking East 202' 25 Pleasant View Road EB and WB Vertical Curve ' Approx. 350 East of Peaceful Lane 142' 26 Pleasant View Road WB Horizontal Curve 150' 27 ' Approx. 850f West EB Horizontal Curve 165' 28 of Fox Path Pleasant View Road EB Horizontal Curve 153" 27 Approx. 350 West WB Horizontal Curve 162' 28 of Fox Path ' Pleasant View Road EB Horizontal Curve 105' 23 Approx. 600' East WB Horizontal Curve 122 24 of Fox Path Pleasant View Road EB Horizontal Curve 170 29 ' Approx. 1000' East of Fox Path Pleasant View Road Approx. 200' West of Indian Hill WB Horizontal Curve 60 ,1 17 Road Intersection EB Horizontal Curve 75 ,1 19 Pleasant View Road at West Intersection WB Horizontal Curve _ 97 ,1 22 of Horse Shoe Curve EB Horizontal Curve 105 11 23 -3- P , Max. Sight Safe Distance Speed ' Location Situation Feet MPH Pleasant View Road at East Intersection WB Horizontal Curve 115' 24 of Horse Shoe Curve EB Horizontal Curve 134 26 Pleasant View Road ' Approx. 200' West of EB*Horizontal Curve 125' 25 Pleasant View Way WB Horizontal Curve 132' 25 9. Our staff conducted an analysis of alternative routes between the intersection of Lake Lucy Rd. /Nez Perce Dr. and the intersection of T.H. 169 /T.H. 62. This analysis accounted for ' the planned 1995 upgrading of Townline Rd. west from County Hwy. 4 in Eden Prairie to T.H. 101. The resultant travel distance and travel time by alternative route are shown below: 1 Lake Lucy Road to C.R. 17 to 8.84 13.41 Travel Travel to T.H. 62 to T.H. 169 Distance Time ' Alternative Route (Miles (Minutes) Nez Perce Drive to Pleasant 8.58 13.13 View Rd. to T.H. 101 to ' T.H. 62 to T.H. 169 Pleasant View Rd. is an attractive route for these through trips, Lake Lucy Road to C.R. 17 to 8.84 13.41 Pleasant View Road to T.H. 101 to T.H. 62 to T.H. 169 Nez Perce Drive to Kerber Blvd. ' to 78th St. to Market St. to T.H. 5 to T.H. 212 to T.H. 169 10.06 16.07 Lake Lucy Road to C.R. 17 to T.H. 5 to T.H. 212 to T.H. 169 10.55 14.16 Two major points presented in the preceding table are: 1) Pleasant View Rd. is an attractive route for these through trips, both regarding travel distance and travel time, and 2) the ' attractiveness of Pleasant View Rd. for use by these through trips is increased if Nez Perce Drive is extended to Pleasant View Rd. 10. Based on our traffic analysis work to date, we have determined that the volume on Pleasant View Rd. east of Peaceful La. will be about 300 vehicles per day higher if Nez Perce Rd. is extended to Pleasant View Rd., as compared to the option of looping Nez Perce Dr. to the west and south to connect with Lake Lucy Rd. ' 11. The increased traffic on Pleasant View Rd. that would be caused by the extension of`Nez Perce Dr. to Pleasant View Rd. would exacerbate existing capacity and safety difficulties along ' Pleasant View Rd. and would cause additional pressure for capacity and safety improvements for Pleasant View Rd. 12. I have reviewed the documents produced by the City of Chanhassen in response to plaintiffs' document request, and no traffic analysis was produced by the City of Chanhassen. FURTHER YOUR AFFIANT SAYETH NOT. • Imes Benshoof Subscribed and sworn to before me this 21 day of December, 1993. 2- Notary Public n DEBRA K. LITTLE l NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Commission Expires Oct. 10, 1997 x -5- BENSHOOF & ASSOCIATES, INC. _ TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE, SUITE 5001 EDINA, MN 55439 / (612) 832 -9858 / FAX (612) 832 -9564 EXHIBIT 1 REFER TO FILE: ' JAMES A. BENSHOOF, P.E. Education ' University of Newcastle Upon Tyne, England, M.S., Traffic Engineering, 1969 Northwestern University, M.S., Transportation Engineering, 1968 ' University of Minnesota, B.S., Civil Engineering, 1966 Experience ' ' 1982 to date - President of Benshoof & Associates Inc. with overall responsibility for services provided by the firm. Has managed transportation projects for the Minnesota Dept. of Transportation, for 20 communities in the State of Minnesota, for several ' communities in the States of Iowa, South Dakota, and Wisconsin, and for numerous . private organizations. 1981 to 1982 - Principal with Strgar- Roscoe, Inc., Minneapolis. Responsible for all ' traffic engineering, transportation planning, and transit planning projects performed by the firm. ' 1980 to 1981 - Vice - President with Westwood Planning & Engineering Company, Minneapolis. Responsible for all transportation services provided by the firm. 1971 to 1980 - Project Manager and Associate with BRW, Inc., Minneapolis. Responsible for a variety of transportation projects. 1969 to 1971 - Traffic Engineer with Alan M. Voorhees and Assoc., Inc., Buffalo, ' N.Y. Participated in various transportation projects. Professional Involvements Presentations at conferences: "Careers in Transportation Engineering," Center for Transportation Studies ' Annual Conference, University of Minnesota, May 1990 "Careers in Transportation Engineering," Institute of Transportation Engineers, District 4 Meeting, June 1990 ' "Traffic Plans for Major Sports Arena and Outdoor Amphitheater," Institute of Transportation Engineers Annual Meeting, Sept. 1988 "Framework for Traffic Forecasts in Minneapolis /St. Paul Metropolitan Area," Real Estate Development, Minnesota Institute of Legal Education, April 1988 ' "Municipal Traffic Engineering and Planning," Third Annual Municipal Engineering Conference, University of Minnesota, March 1988 Past Board Member, Eden Prairie Chamber of Commerce ' Past Chairman of Transportation Committee, Eden Prairie Chamber of Commerce Affiliations Institute of Transportation Engineers ' Registrations Minnesota (P.E.), Iowa' South Dakota (P.E.) =•3 STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil Civil No. C9 -93 -1111 !I L I mo, J Li Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post Plaintiffs, VS. City of Chanhassen, its Mayor Don Chmiel and City Council Members, AFFIDAVIT OF EDWARD TERHAAR Defendants. -------------------------------- STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) EDWARD TERHAAR, being first duly sworn, states as follows: 1. I am a traffic engineer with the firm of Benshoof & Associates, Inc. and have been a full -time employee of the Benshoof firm since August 1992. 2. Since early October 1993, I have been working on the issue regarding the potential extension of Nez Perce Drive to Pleasant View Road. My principal responsibilities on this project have been to collect traffic data and complete traffic analyses. As part of my data collection work, I have recorded the posted speed limit conditions on Pleasant View Road between County Highway 17 and Highway 101. For eastbound traffic, I have found that the posted speed limit is 25 miles per hour between County Highway 17 and Pleasant Lane. Four signs are installed to inform motorists about this speed limit. Betweeh.Pleasant Lane and Highway 101, the speed limit is 30 miles per hour; one speed limit sign conveys that regulation. For westbound traffic, the speed limit is 30 miles per hour from Highway 101 to Timber Hill Road; one speed limit sign conveys that regulation. Between Timber Hill Road and County Highway 17, the speed limit for westbound traffic is 25 miles per hour, as conveyed by four speed limit signs. 3. On Thursday, December 9, 1993, I conducted a survey from 3:00 to 6:00 p.m. to record origin- destination patterns for traffic using Pleasant View Road. For this survey, I followed a random sample of motorists from the point where they entered Pleasant View Road (either at County Highway 17 or Highway 101) to either their location destination or, in the case of a through trip, the point where they left Pleasant View Road. For the entire three hour survey period, I followed a total of 22 , motorists traveling eastbound on Pleasant View Road from County Highway 17 and a total of 21 motorists traveling westbound on Pleasant View Road from Highway 101. Considering both ' directions, I followed a total of 43 motorists traveling along Pleasant View Road. 4. In following the 43 vehicles along Pleasant View Road, I , noticed that the motorists frequently traveled faster that the speed limit. In one-instance, a motorist I was following traveled at such a high rate of speed that I had to cease , following the vehicle in order to avoid safety problems. The typical pattern of motorists that I followed was that their travel speeds exceeded the speed limit, except for locations of ' sharp curves along Pleasant View Road. On an overall basis, I would estimate that the average speed of the motorists I followed along Pleasant View Road was 30 to 35 miles per hour. ' FURTHER YOUR AFFIANT SAYETH NOT. Edward Terhaar Subscribed and sworn to before me this 21 day of December, 1993. Notary Public / DEBRA K. LITTLE NOTARY PUBLIC- MINNESOTA HENNEPIN COUNTY ' 4 Commission Expires Oct. 10, 1997 Y � --------------------------------- STATE OF MINNESOTA ) ss. _ COUNTY OF CARVER ) RICHARD OSGOOD, being first duly sworn, states as follows: 1. I am a limnologist and environmental planner with almost fifteen years of experience. I am presently a principle of Ecosystem Strategies. I have attached my resume as Exhibit 1 to this affidavit. 2. I have reviewed certain documents from the records of the ' City of"Chanhassen; including a feasibility study dated July 8, ' 1992 examining the proposed extension of Nez Perce Road and the realignment of Peaceful Lane. I have also visited the site of the proposed projects and consulted -with Mr. Daryl Fortier. In addition, during the 1980's I became quite familiar with Christmas Lake through the publication of studies of metropolitan area lakes, including Christmas Lake in 1980, 1981 and 1985. STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT ' CASE TYPE: Other Civil Frank Beddor, Jr., Todd Novaczyk Court File No. C9 -93 -1111 and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Plaintiffs, F'IDAVIT OF RICHARD OSGOOD VS. Y City of Chanhassen, its Mayor Don Chmiel and City Council Members, ' Defendants. --------------------------------- STATE OF MINNESOTA ) ss. _ COUNTY OF CARVER ) RICHARD OSGOOD, being first duly sworn, states as follows: 1. I am a limnologist and environmental planner with almost fifteen years of experience. I am presently a principle of Ecosystem Strategies. I have attached my resume as Exhibit 1 to this affidavit. 2. I have reviewed certain documents from the records of the ' City of"Chanhassen; including a feasibility study dated July 8, ' 1992 examining the proposed extension of Nez Perce Road and the realignment of Peaceful Lane. I have also visited the site of the proposed projects and consulted -with Mr. Daryl Fortier. In addition, during the 1980's I became quite familiar with Christmas Lake through the publication of studies of metropolitan area lakes, including Christmas Lake in 1980, 1981 and 1985. 3. The City of Chanhassen is proposing to extend Nez Perce Drive to Pleasant View Road, and to expand and realign Peaceful Lane. These proposed projects are being considered"in conjunction with the proposed development called the Tower Heights Addition. 4. I will describe the nature of environmental impacts to two ponds and one lake that could result from the proposed projects. PHYSICAL ENVIRONMENT 5. There is a pond located on Vineland Lot 5 Property (Lot 5 Pond) in the immediate vicinity of the project area, South of Pleasant View Lane, east of Peaceful Lane, and North of the existing Nez Perce stub. This pond has been reconfigured to conform to National Urban Runoff Program (NURP) standards, meaning its depth, length, width, bottom contours, and flow patterns have been engineered to 'trap' pollutants, particularly nutrients like phosphorus and nitrogen. 6. Water from this pond overflows at some design frequency into another pond to the west. The second pond (Pond 17) is adjacent to and on the east side of County Road 17 or Powers Boulevard. Pond 17 overflows to another pond to the west, which then flows to another pond, and finally to Christmas Lake. 7. Both the Lot 5 Pond and Pond 17 have. been affected by previous disturbances. The Lot 5 Pond was reconfigured to provide stormwater treatment. Pond 17 was apparently originally part of the basin to the west, but was bisected by County Road 17. Nonetheless, according to City documents, the City of Chanhassen - 2 - n J -, L 1 1 []I I � I � � .1 I ' IL L J 1 1 has classified the Lot 5 Pond as two wetland basins, one classified as 'natural,' the other classified as 'utilized.' Pond 17 has been classified a 'Ag /urban' wetland. 8. Both ponds have significant areas of open water, emergent vegetation around the perimeter, and a diversity of wildlife inhabitants. 9. Christmas Lake is a deep, clear lake. Due to its and relatively small tributary watershed, stormwater impacts to this lake have been minimal. In addition, Christmas Lake is extremely clear. Its average transparency is 20 to 30 feet, making it one of the two clearest lakes in the seven county metropolitan area. In fact, it is among the clearest lakes in Minnesota. PROPOSED CONSTRUCTION AND RELATED DEVELOPMENT 10. The proposed extension of Nez Perce Drive will meet with Peaceful Lane in an intersection. A portion of Peaceful Lane will also be expanded and realigned. The addition of'storm sewers will also occur, with the stormwater being conveyed to the Lot 5 Pond and Pond 17. 11. In addition to the immediate Nez Perce extension project, I understand that another subdivision, called Tower Heights, has been platted, and further that the preliminary plat has been approved by the City, contingent in part on resolution' of this litigation. Further, I understand that to provide access to Tower Heights, another segment of Peaceful Lane will be further extended and realigned. - 3 - 12. My assessment considers the environmental affects of all the developments described above. ENVIRONMENTAL AFFECTS 13. As land is converted from open areas to urban land uses, the character of stormwater runoff changes. These changes include faster runoff rates, greater runoff volumes, and higher concentration of various pollutants. The pollutants in urban runoff include pollutants that are dissolved in the water, those that are associated with particles suspended in the water, and those that tend to float on the water's surface. 14. The general categories of pollutants may have been more or less affect to aquatic environments depending on the type of receiving water body (lake, river, pond, wetland, etc.), the time of year, and where in the water body the pollutant might end up resting. 15.. Considering the proposed developments and the physical environment, I will characterize the potential adverse impacts to the three water bodies. LOT 5 POND 16. The Lot 5 Pond will receive additional runoff from the new road surface as well as from adjacent urbanized lands. I would expect that the peak stormwater discharges and the total stormwater runoff will increase compared to the present. Because other inlet structures will be added and also because the inflow volumes will be altered, I would expect that the efficiency of pollutant removal (by the pond) would probably be reduced. This will not primarily - 4 - va 1 affect the Lot 5 Pond per se; rather, the impacts of reduced performance would affect downstream water bodies, particularly s Christmas Lake. 17. The Lot 5 Pond will probably fill with sediments at a faster rate. The source of the sediments would be from materials ' applied directly to the road during the winter as well as increased sediment load in stormwater runoff following urban development. The filling would result in decreasing the volume of the pond, which would affect its compared to its design. 18. In addition to sediments displacing the pond's volume, the sediments also will have pollutants physically absorbed to the. particles. These pollutants include heavy metals and other potentially toxic chemicals would accumulate in the sediments. The ' affect of the sediment accumulation on bottom - living animals would be two -fold; one affect would be the physical disruption of the ' bottom habitat, the other would be direct toxicity to the animals. These animals form the base of the aquatic food chain, thus the ' effects could be transmitted to the entire animal community. ' 19. I have participated in studies of the accumulation of polluted sediments in urban stormwater ponds, and have found ' concentrations of lead to be considered hazardous by the Minnesota Pollution Control Agency. 20. Suspended sediments -will also increase the turbidity (cloudiness) of the pond which could have a number of environmental affects. For example, greater turbidity could lead to a reduction in emergent plants that are already known to exist in the pond. - 5 - discourage many.of the wildlife species. , 24. I understand that the outlet to this pond is controlled to restrict the rate of flow. If this is true, adding more water , to the pond will mean that the water level will experience greater S _ . fluctuations than now occur. This would likely affect the fringe ' of emergent plants. - 6 - I � J f I � Cattails and reed canary grass serve as habitat for many wildlife species. 21. Pollutants dissolved in stormwater will also increase. t Pollutants such as nutrients, may cause algae blooms or increase the abundance of duckweed, perhaps to the extent of covering the entire open water surface. Other dissolved pollutants, such as pesticides or metals, will increase and may have direct toxic Y effects to aquatic plants and animals. E" 22. Pollutants that float on the water's surface, like gasses ' r and oils, will likely increase. These tend to form oily sheens on the water's surface. Because the outlet of the pond is equipped ' with a skimming device, these oils will tend to persist until the breaks sum them down. The presence of hydrocarbon films could affect the exchange of vital gasses, like oxygen, between the atmosphere and the water. 23: To some extent, the presence of wildlife that now ' inhabits these ponds is a result of a relatively quiet environment. Urban development and increased urban activity will likely discourage many.of the wildlife species. , 24. I understand that the outlet to this pond is controlled to restrict the rate of flow. If this is true, adding more water , to the pond will mean that the water level will experience greater S _ . fluctuations than now occur. This would likely affect the fringe ' of emergent plants. - 6 - I � J f I � POND 17 25. The environmental impacts to Pond 17 will be similar to those described for the Lot 5 Pond, with the following exceptions: 26. Pond 17 has not. been designed according to NURP standards, and therefore its pollutant retention functions would not be affected to the extent described above. 27. The increase in urban activity will also not be as great ' as around the Lot 5 Pond. CHRISTMAS LAKE 28. Christmas Lake is clear because of its low concentration ' of nutrients. The lake is more sensitive to increased nutrient input than most other lakes in the region. This means that even small increases would have observable effects. These effects would include, decreased water clarity, increased abundance of algae, increased frequency of algae blooms (there are none now) , increased abundance of nuisance species of algae, and a reduction of beneficial aquatic plants and an increase in nuisance aquatic plants. 29. A significant increase in nutrient input to Christmas Lake is possible as a result of the proposed development and the associated work on Nez Perce Road on Peaceful Lane. Both the increased inputs from urban surfaces and the decreased efficiency removing those pollutants in the" tot 5 Pond have been described above. The increased water and pollutant load would be carried downstream, through a series of ponds, then finally directly to - 7 - Christmas Lake, creating a potentially significant impact on this highly sensitive lake. - 8 - Richard Osgood Subscribed and sworn to before me thisC%�h d ,ay/of-9er 1993. J c •M ANN s• � •� , ` � 1. �.1 �. X11,1 . . LB6t �t 7d�s " wo A" ' Amnoo eio )fea YLOONNIn • orlMd AHY10N NOSJInani 1Homa t 41 - 9 - STATE OF MINNESOTA COUNTY OF CARVER Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, Plaintiffs, VS. City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. C9 -93 -1111 AFFIDAVIT OF RICHARD E. VAN DOEREN STATE OF MINNESOTA ) ss. - COUNTY OF HENNEPIN ) RICHARD E. VAN DOEREN, being first duly sworn, states as follows: 1: - My name is Richard Edgerly Van Doeren. I am an independent acoustical consultant and a registered engineer in the State of Minnesota. A brief summary of my qualifications is included in the attached resume of my experience and education. 2. I was asked to briefly review the neighborhood near Pleasant View Road between State Highway 101 and County Road 17, in Chanhassen, Minnesota, with regard to the potential for * noise impact due to increased traffic ori'-Pleasant View Road. The review F that I performed included noise level measurements (made on the afternoon of Friday, December 17, 1993) and calculations of traffic F noise levels based on hypothetical traffic parameters for Pleasant f: View Road. 0 3. In performing this review, I relied on my experience, on maps of the area, on "verbal communications from Mr. Lawrence Moloney and Mr. James Benshoof, noise level measurements in the area over a one -hour period, and calculations of traffic noise performed using the FHWA traffic noise prediction program as modified by the Minnesota Department of Transportation for personal computers. 4. Measurements of the community noise levels were made at three sites near Pleasant View Road between 1:00 p.m. and 2:00 p.m. on Friday, December 17, 1993. An indicator of the degree of quietude in an area is the noise level exceeded 90 percent of the time, commonly called the L90, and also referred to as the residual noise level. Based on visual observation of the sound level meter, the residual noise level at the three sites tested ranged between approximately 31 -36 dBA. In my opinion, an area having a residual noise level in this range during the daytime on a weekday would be considered a relatively quiet area. In fact, these residual noise levels are essentially the same as those identified in Minnesota Public Interest Research Group v. White Bear Rod and Gun Club 257 N.W.2d 762 (Minn. 1977), where the court considered an area having background or residual noise levels between 32 and 35 dBA as an area of quietude. It appears that a - case can be made for the resource of quietude being present - in this area. 5. Preliminary traffic noise level calculations for 6:00 a.m. to 7:00 a.m. were performed for a 1000 foot long straight line section of Pleasant view Road for a receiver located with clear - 2 - V* 1 I I line of sight at 30 feet, 50 feet and 100 feet from the road ad centerline for three hypothetical traffic conditions. 6. The first was the baseline condition, ' with a daily traffic count of nominally 1000 vehicles per day, no trucks, and a typical speed of 30 mph (even though posted at 25 mph) . The second was for a daily traffic count of nominally 3000 vehicles per day, no trucks, and a typical speed of 30 mph. The third was for a ' traffic volume of 8000 vehicles per day with 3 percent medium trucks and a typical speed of 40 mph. These calculations were 1 intended strictly to provide comparative numbers that would indicate whether or not a potential noise impact may result from the extension of Nez Perce Drive to Pleasant View Road and /or the ' extension of the Crosstown highway to Highway 101. 7. The preliminary traffic noise calculations show the following: For the baseline condition, there would be a moderate probability of the Minnesota Noise Standards (the Standards) being exceeded at 30 feet from the road; at 50 feet and beyond, the probability of exceedance would be low. For 3000 vehicles per day, the overall noise level would increase by 5 dBA compared to the baseline; this would be clearly noticeable. The Standards would have a high probability of being exceeded out to 50 feet, and ' probably would not be exceeded at 100 feet. For 8000'vehicles per day, the overall noise level would - increase by 13 dBA compared to the baseline; this would be a substantial increase. The Standards would have a high probability of being exceeded to beyond 100 feet from the road centerline. - 3 - 8. The low residual noise levels in the area indicate the potential for the existence of the natural resource "quietude "; this means the area would tend to be particularly sensitive to intruding noise. The preliminary traffic noise calculations show a definite potential for impact of traffic noise in terms of potential exceedance of the Minnesota Noise Standards and in terms of the change in the overall energy average noise level. The actual degree of noise impact would depend on the details of traffic, determined by the details of the Crosstown extension and the extension of Nez Perce Drive to Pleasant View Road. - 4 - S ribe sworn to before me th's day December, 1993. c LAM42303 �••• , DMAGHT LUDVIGSON "•:OTA^ 1 FUBUC • MINNESOTA D COUNTY My Commission ExOm Sept IZ IW Richard E. Van ooeren � i �I 1 PUBLIC WORKS DEPARTMENT (612) 361 -1010 FAX (612) 361 -1025 h - 1 COUNTY of lA QV I? To: Charles Folch, Chanhassen City Engineer Ken Anderson, Chaska City Engineer Ken Adolph, Victoria City Engineer From: Roger Gustafson, County Engineer V Subject: County Highway Speed Zones Date: December 17, 1993 CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA. MINNESOTA 55318 )PIIade At / Air l�irow i,.e p i ° K tiooe e /z,, - �°T k �q Attachments: County Board Resolution .(Draft as of 12/16/9314 t' COUNTY HIGHWAY SPEED ZONES !. (Chanhassen, Chaska and Victoria Area) Request: Confirm your city's opinion about the specific speed limit revisions ' proposed by the attached "draft" resolution. Comment: City support of or opposition to the "draft" resolution will assist the County Board in formalizing its position regarding the proposed speed limit revisions. Any action taken by the County Board is intended to be responsive to city and county initiated discussions about County highway speed zones in Chanhassen, Chaska and Victoria during the past two year. I have tentatively scheduled discussion of this resolution with the County Board on January 11. Your response before that date would be appreciated. Thank you. cc: Ursula Dimler, District 1 County Commissioner Tracy Swanson, District 4 County Commissioner John Siegfried, District 5 County Commissioner ' Dick Stolz, County Administrator Affirmative Action/Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10% Post Consumer Waste (Draft as of 12/16/93) 1' BOARD OF COUNTY COMMISSIONERS CARVER COUNTY MINNESOTA DATE RESOLUTION NO. MOTION BY COMMISSIONER SECONDED BY COMMISSIONER COUNTY HIGHWAY SPEED ZONES ' (Chanhassen, Chaska and Victoria Area) WHEREAS, the County of Carver in cooperation with the cities of Chanhassen, Chaska, and Victoria has evaluated the posted speed limits on certain County highways in the eastern portion of the County, and WHEREAS, the County of Carver in cooperation with the cities of Chanhassen, Chaska, and Victoria has concluded that because of I 1) Continuing growth in residential, commercial, and industrial development, 2) Continuing increases in traffic volumes, ' 3) Concerns expressed by the general public and law enforcement officials about excessive speed limits and about travel speeds, and 4) Opinions offered by engineering staff regarding highway safety and capacity characteristics, ' posted speed limits need to be revised on certain County highways. NOW THEREFORE, BE IT RESOLVED, that the County of Carver proposes the following posted speed limit revisions on the listed segments of County highways: County Highway Segment Posted Speed Limit (mph) Proposed Speed Limit (mph) 10 (Signed CR 11 /Engler Blvd) 0.3 mile east of TH 41 to CSAH 15 (Audubon Rd) 50 45 10 (Signed CR 11/Engler BNd) TH 41 to Bavaria Road 50 45 11 (Signed CR 11/1/ictoria Drive) 0.8 mile south of CSAH 18 (86th St) to CSAH 18 50 45 11 (Signed CR 11/Victoria Drive) CSAH 18 (86th St) to CSAH 43 (Church Lake Blvd) 50 30 13 (Signed CR 13/Rolling Acres Rd) 0.2 mile south of TH 5 to TH 5 45 40 14 (Signed CR 14/Pioneer Trail) 0.7 mile east of TH 101 to East County Line 50 45 15 (Signed CR 17 /Audubon Road) 0.4 mile south of CSAH 14 (Pioneer Tr) to CSAH 14 55 45 17 (Signed CR 17/Powers Blvd) CSAH 18 (Lyman Blvd) to 0.4 mile south of TH 5 50 45 17 (Signed CR 17/Powers Blvd) TH 5 to Santavera Drive 50 40 17 (Signed CR 17/Powers BNd) Santavera Drive to Lake Lucy Road 50 45 18 (Signed CR 18/Lyman BNd) TH 41 to TH 101 50 45 19 (Signed CR 19 /Galpin Blvd) CSAH 18 (Lyman Blvd) to TH 5 50 45 111 (Signed CR 11 /Victoria Drive) Bavaria Road to Hundertmark Road 55 45 111 (Signed CR 11/Victoria Drive) Hundertmark Road to 0.8 mile south of CSAH 18 (86th St) 5o 45 117 (Signed CR 17 /Audubon Road) CSAH 14 (Pioneer Tr) to CSAH 18 (Lyman Blvd) 55 45 117 (Signed CR 117 /Galpin BNd) TH 5 to 0.2 mile s of Lake Lucy Road 55 45 117 (Signed CR 117 /Galpin Blvd) 0.2 mile south to 0.2 mile north of Lake Lucy Road 55 35 117 (Signed CR 117 /Galpin Blvd) 10.2 mile north of Lake Lucy Rd to North County Line 40 35 1 PAGE 2 ' RESOLUTION NO. BE IT FURTHER RESOLVED, that the Commissioner of Transportation study the proposed revised speed limits on these County highway segments as illustrated by Drawing One (Posted Speed Limits - January, 1994) and Drawing Two .(Proposed Speed Limits - January, 1994), both made a part hereof, and establish the appropriate speeds. ' YES. ABSENT NO J ATE OF MINNESOTA UNTY OF CARVER I Richard J.'Stolz, duly appointed and qualified County Administrator of the County of Carver. State of Minnesota, do reby certify that I have compared the foregoing copy of this resolution with the original minutes of the proceedings of the Board County Commissioners, Carver County, Minnesota, at its session held on the day of now on file in the Administration office, and have found the same to be a true and correct copy thereof. I ted this day of .19 1 County Administrator