CorrespondenceCorresooncence
Memo from Scott Botcher, re: Bond Counsel for 1999 Bond issue dated October 19, 1999.
Letter to Paul Palmer dated October 7, 1999.
Letter to Roger Gustafson, Carver County Engineer dated October 12, 1999,
Letter from Tom Scott, Campbell Knutson dated October 7, 1999.
Chanhassen Fire Department Fire/Rescue Calls for Weeks of September 27 - October 10, 1999.
Letter to Greg Havlik dated September 23, 1999.
'Letter from Bud Olson, Carver County Sheriff dated April 12, 1999.
Letter from Susan Nelson, West Suburban Mediation Center dated October 13, 1999.
Letter from Roger Gustafson, Carver County Engineer dated October 15, 1999.
Memo from Scott Botcher, re: Brown & Cris, Inc. vs Carver County dated October 18, 1999.
Chanhassen Fire Department Fire/Rescue Calls for Week of October 11 - 17, 1999.
Memo from Sharmin A1-Jaff, re: Country Clean Update dated October 12, 1999.
: 690Ciy Center Ddve, PO Box 147
---- C~anhassen, Minnesota 55317 FROM:
_ _ 2ho~e612.93Z1900. '
General Fax'612.937,S g39 DATE:
-~ ~£ngineerinx £~ 612.P3Z~I52 '
~ ~tgic $~fe~?~I2.93~:2524. SUDJ: - BondCo_un3el-£O~-199.9-Bond lssu¢-
Pursuantto our dis ~
October 7, 1999
CITYOF
CHANHASSEN
Mr. Paul Palmer
8341 Galpin Boulevard
Chanhassen, MN 55317
Re:
Tree Guarantee and Setback Requirements for Lynmore Addition
Project No. 99-10
7i9, Cemer Drive, PO Box 147
anhassen. Minnesota 55317
Phone 612.937. I900
;eneral 5tx 612.937.5732
;ineering Fax 612.937.9152
li,' SafeO, F~ 61Z934.2524
.b wwu:&c/;a~hassen, mn. us
Dear Paul:
I am in receipt of your letter dated October 1, 1999 regarding the two-year tree
warranty for the maple tree in the City's boulevard in front of your lot. The City
of Chanhassen agrees to accept responsibility for removal of the tree should it die
after two years which will be October 7, 2001.
The other maple tree on Lot 5 will need to be warranteed by the developer, Mr.
Moore. I have attached for your convenience a description and location of the
trees referred to in your letter.
With regards to your other concern regarding the setbacks and location of the cul-
de-sac, I have reviewed the City Council minutes from April 12, 1999 along with
the staff report and the preliminary and final plat for Lynmore. It appears that
your request was for a 17-foot front yard setback as shown on your sketch was
denied by the Planning Commission and the City Council. The City Council did
~ant you a 20-foot setback. I am not aware of any previous discussions with the
developer to realign the cul-de-sac to accommodate your 20-foot setback needs.
The plat of Lynmore Addition has been recorded with the' County. At this time it
appears that to accommodate your 20-foot setback it is necessary for you to go
back and work with the developer to vacate a portion of the cul-de-sac and shift it
westerly three feet to accommodate the 20-foot setback for your 8-foot porch
remodeling project. The other option would be to reduce the size of your
remodeling project to conform with the 20-foot setback. I have attached for your
convenience a copy of the minutes from the April 12, 1999 City Council meeting
as well as a copy of the final plat of Lynmore Addition.
Sincerely,
CITY OF CHANHASSEN
David C. Hempel
Assistant City Engineer
DCH:ktm
C:
Anita Benson, City Engineer
Mayor & City Council
Dave Moore
g:\eng\projects\lymnore\palmer letter.doc
City o£Chanhassen. ,4 .~owin?, comm;~i:¥ :v/th ~'/,'.,,. .".'.k~'. ,~.:t,~b'~, ::3ot~ls. ,; chamd;~6 downtotv;~, tt,'iri~:~, '3~tsi,css,::'. ~md bcautiSd ~arks. A ~eat vlace to lit'e, work. and p&~.
CITYOF
CHANHASSEN
C&, Center Drive, PO Box 147
m,hassen, Mi,nesota 55317
&one 612937.1900
7eneral F~r 612.93Z5739
:gi,eri,g fi<r 612. 937.9152
5lic 35~O, F~v 612.934.2524
tvwm ci.~Oanhassen, mn. us
October 12, 1999
Mr. Roger Gustafson
Carver County Public Works
600 East Fourth Street
Chaska, MN 55318
Re:
Request for School Speed Zone Study on Galpin Boulevard Adjacent Bluff
Creek Elementary School - File No. PW-070D-5
Dear Roger:
I am writing to clarify the City Council's position regarding the establishment cfa
school speed zone along Galpin Boulevard adjacent Bluff Creek Elementary School.
In a letter dated September 30, 1999 from David Hempel the action taken by the City
council was not fully reflected. Therefore, I am providing the following information
regarding this issue from the City Council meeting minutes dated September 27,
1999.
"Resolution No. 99-82: Councilman Senn moved, Councilman Engel seconded that
the City Council desi=o-nate and install signage for a school speed zone along Coulter
Drive, east of Stone Creek Drive, and Galpin Boulevard, posting it at 20 miles per
hour when children are present. Also directing staff to ask for any additional input
from the principal from Bluff Creek Elementary School and report that input back to
the City Council. All voted in favor and the motion carded unaminously."
The City is currently in the process of installing the school speed zone signage along
Coulter Boulevard and has contacted the principal from Bluff Creek Elementary
School. The principal of Bluff Creek Elementary School offered no additional input
regarding this issue. Mr. John Weller has been sent a copy of the City's traffic
engineering study along Coulter Boulevard for the County's use.
Please contact me with any questions or comments you may have regarding this
matter.
Sincerely,
CITY OF CHANHASSEN
Anita L. Benson, P.E.
City Engineer
ALB:ktm
Attachment: City Council Minutes dated September 27, 1999, pages 4-10
c: Scott A. Botcher, City Manager
Dave Hempel, Assistant City Engineer
City Council Administrative Packet (10/25/99)
g:\eng~anita\letters\gusta fson I.doc
5iff of Chanhassen. .4,~awi,,~ co,mm,t~3' with c[e',,: ,/,:kcs. ,t.;,,~/:':: :.'/,,oh..~ chamtht? dote,town, thriviw, h,sim'sses. ,u~d he.u~tifu[ ~oarks. ,4 ~reat a/ace to live. work. and a/a~t
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
District Court Administrator
Carver County Courthouse
600 East Fourth Street
Chaska, Minnesota 55318
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
October 7, 1999
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
*.Als(, licensed in Wisconsin
Re: City of Chanhassen vs. Fox Properties Limited Partnership, et al.
Dear Sir or Madam:
Enclosed herewith for filing please f'md a Petition and Certificate of Representation and
Parties in the above-entitled matter. Also enclosed is our firm check in the amount of $122.00
to cover the Court's filing fee. Please note that the library fee has been subtracted from the
total filing fee because the Petition is being filed on behalf of the City of Chanhassen.
If you have any questions regarding the above, please give me a call.
Very truly yours,
Campbell Knutson
Professional Association
Tt-xgmas M. Scott
'../
TMS:cjh
Enclosure
CC;
Mr. Todd Hoffman
ECE!VED
0 CT 1_ g 1999
CII'Y Ol- Ot-.IANHASSEN
Suite 317 · Eagandale OffiCe Center * 1380 corPorate Center Curve · Eagan, MN 55121
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Fox Properties Limited Partnership,
a Minnesota limited partnership, John
Roe and Mary Doe and County of Carver,
Respondents.
Court File No.
PETITION
TO THE ABOVE NAMED RESPONDENTS:
Petitioner respectfully represents and states to the Court:
I.
Petitioner, the City of Chanhassen, ("Petitioner") is a Minnesota municipal
corporation and is located in Carver County, Minnesota.
II.
In the exercise of its governmental powers as a municipal corporation, Petitioner
administers, operates and maintains street, drainage, ponding, trails, parks and utility
systems which are in need of extension and improvement.
80888
III.
The City Council of the Petitioner has duly adopted Resolution 99-71 directing
that the property described on the attached Exhibit A be taken through condemnation by
eminent domain proceedings for public park and open space purposes.
IV.
As of the date of this Petition, Petitioner is unable to acquire the property
described herein by purchase from its present owners. It is, therefore, necessary to
take the property through condemnation by eminent domain pursuant to Minn. Stat.
Chapter 117.
V.
The property to be taken by eminent domain is in the City of Chanhassen,
Carver County, Minnesota. The property and the interest to be taken, together with the
names of all persons and entities appearing of record or 'known to your Petitioner to be
the owner of the land or to claim an interest therein are described and set forth on the
document attached hereto and marked as "Exhibit A".
VI.
Notwithstanding anything to the contrary contained herein, should tests or
evaluations undertaken by or on behalf of Petitioner indicate the possible presence of
pollutants, contaminants, or hazardous substances on any of the property described in
"Exhibit A", Petitioner reserves the right to defer effecting the transfer of the interest to
any of the property as described in "Exhibit A" for a reasonable time until Petitioner
can evaluate whether it wishes to proceed with the taking, abandon these proceedings
and dismiss the Petition herein, or otherwise respond to such information.
80888 2
WHEREFORE, Petitioner prays as follows:
1. That it be adjudged that the taking by eminent domain proceedings of the
property described herein is necessary and authorized by law;
2. That it be adjudged that Petitioner is entitled to take and hold the property
for the public purpose herein specified;
3. That three (3) competent and impartial persons, all residents of Carver
County, be appointed as Commissioners to ascertain and report the amount of damages
that will be sustained by the several owners or persons and entities interested on
account of the above-described taking;
4. That the time and place of the first meeting and the compensation of the
Commissioners be fixed; and
5. That Petitioner have such other and further relief as the Court deems just and
proper.
Dated: ~"~ /7
,1999.
CAMPBELL KNUTSON
Professional Association
Thomas M. Scott,//98498
Attorneys for Petitioner
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
'Telephone: (612) 452-5000
80888 3
ACKNOWLEDGEMENT
The undersigned hereby acknowledges that costs, disbursements and reasonable
attorneys and witness fees may be awarded pursuant to Minn. Stat. § 549.21, Sub& 2,
to the party against whom the allegations in this pleading are asserted.
80888 4
"EXHIBIT A"
FEE TITLE:
That part of the Southwest Quarter of the Southeast Quarter (SW Ir of SE ~A) and the
West Half of the Southeast Quarter of the Southeast Quarter (W V2 of SE ~fi of SE ¼)
of Section 23, Township 116 North, Range 23, Carver County, Minnesota;
which lies southerly and easterly of the following described line:
Beginning at the South Quarter corner of said Section 23; thence run easterly on
an azimuth of 89 degrees 58 minutes 40 seconds along the south line of said
Section 23 for 523.29 feet; thence on an azimuth of 50 degrees 31 minutes 30
seconds, 198.16 feet; thence on an azimuth of 15 degrees 43 minutes 12
seconds, 556.11 feet; thence on an azimuth of 11 degrees 53 minutes 23
seconds, 915.68 feet and there terminating.
Owner
Nature of Interest
Fox Properties Limited Partnership,
a Minnesota limited partnership
Fee Owner
County of Carver
Taxing Authority
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Chanhassen, a Minnesota
municipal corporation,
Petitioner,
VS.
Fox Properties Limited Partnership,
a Minnesota limited partnership, John
Roe and Mary Doe and County of Carver,
Respondents.
Court File No.
CERTIFICATE OF
REPRESENTATION
AND PARTIES
Date Case Filed:
This Certificate must be filed pursuant to Rule 104 of the General Rules of
Practice for the District Courts, which states: "A party filing a civil case shall, at the
time of filing, notify the Court Administrator in writing of the name, address and
telephone number of all counsel and unrepresented parties, if known (see Form 104
appended to these rules). If that information is not then known to the filing party, it
shall be provided to the Court Administrator in writing by the filing party within seven
(7) days of learning it. Any party impleading additional parties shall provide the'same
information to the Court Administrator. The Court Administrator shall, upon receipt of
the completed Certificate, notify all parties or their lawyers, if represented by counsel,
of the date of filing the action and the file number assigned."
80893 1
LIST ALL LAWYERS/PRO SE PARTIES INVOLVED IN THIS CASE.
ATTORNEYS FOR:
Petitioner
Thomas M. Scott
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Atty. Reg. No. 98498
Dated:
ATTORNEY FOR:
Respondent Fox Properties Limited Partnership
Leland J. Frankman
Suite 1000
Northstar Center East
608 Second Avenue South
Minneapolis, Minnesota 55402
ATTORNEY FOR:
Respondent CountY of Carver
Michael A. Fahey
Carver County Attorney
Carver County Justice Cemer
600 East Fourth Street
Chaska,~Clinnesota 55318
/
/.,~//; , 1999
Thomas M. Scott,//9 9~t~-~
Attorney for Petitioner
80893 2
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEKS OF SEPTEMBER 27, - OCTOBER 10, 1999
Mon Sept 27 1:07 AM
Mon Sept 27 4:37 AM
Tues Sept 28 11:09 AM
Tues Sept28 12:02 PM
Tues Sept 28 2:15 PM
Tues Sept 28 3:24PM
Tues Sept 28 3:38 PM
Tues Sept 28 10:33 PM
Thurs Sept 30 3:00 AM
Thurs Sept 30 1:18 PM
Thurs Sept 30 5:49 PM
Thurs Sept 30 6:25 PM
Thurs Sept 30 9:20 PM
Fri Oct I 9:36 AM
Fri Oct 1 3:49 PM
Fri Oct I 5:52 PM
Sat Oct2 l:57AM
Sun Oct3 10:21 AM
Mon Oct4 12:38 PM
Mon Oct4 5:09 PM
Mon Oct4 6:59 PM
Weds Oct6 6:43 AM
Fri Oct8 3:49PM
Fri Oct 8 5:56 PM
Fri Oct 8 7:20 PM
Sat Oct9 9:38 AM
Sat Oct9 12:30PM
Sat Oct9 8:08 PM
Sat Oct9 8:08 PM
Sat Oct9 9:21 PM
Sun Oct I0 5:35 PM
Pontiac Circle
Oxbow Bend
Galpin Blvd
West 78t~ Street
Lake Lucy Road & Powers Blvd
Lake Drive East
McGlynn Road
Audubon Road
Hiawatha Drive
Lake Drive East
Highway t01 & West 78th Street
Sandy Hook Road
Utica Terrace
Audubon Road
West 78th Street
Chan View
Frontier Trail
Powers Boulevard
Arboretum Drive
Pontiac Circle
lthilien Lane
Stoughton Avenue
West Village Road
Fawn Hill Road
Market Boulevard
Highway 5 & Highway 41
Lake Susan Drive
West 78th Street
West 78"' Street
Pauly Drive
Highway 101 & Lylnan Boulevard
Medical - severe abdominal pain
Medical - possible heart attack
Medical - person fell
Medical - possible stroke
Natural gas line break
Fire on the roof
Fire alarm - false alarm, no fire
Fire alarm - false alarm, no fire
Medical - high fever
Medical - person fainted
Car accident with injuries
Medical - possible heart attack
Fire alarm - false alarm, no fire
Medical - cut finger
Medical - trouble breathing
Medical - troubled breathing
Furnace fire
Medical - unknown problem
Fire alarm - false alarm, no fire
Smell of smoke, burnt food
Medical - irregular heartbeat
Medical - chest pains
Stand by, assist police
Medical - cut head
Fire alarm - false alarm, no fire
Motorcycle accident with injuries
Medical - trouble breathing
Medical - heart attack
Medical - possible stroke
Car fire
Medical - unknown problem
CITYOF
HANHASSEN
9' Center Drive, PO Box147
~hasse,, Minnesota 55317
Phone 612937.1900
~eral Fax 612.937.5739
~eeri,g Fax 612.937.9152
:SafeO, Fax' 612.934.2524
u,wz~:ci.c/.~a,/.,asse,.,m, us
September 23, 1999
Mr. Greg Havlik
Chanhassen Snowmobile Club
630 Conestoga Trail
Chanhassen, MN 55317
Dear Mr. Havlik:
A discussion with Mr. LeRoy Biteler prompted me to send you this correspondence.
The topics of my letter are in no particular order. If you require further information
on any of these items, simply contact me.
1998/99 SNOWMOBILE SEASON
· Mr. Ken Durr complaint to City Council
· Minutes/report attached for your information
· Park and Recreation Commission Response
· Minutes attached for your information
South LRT Snowmobile Trail Permit
· I have scheduled this item for City Council action on September 27,
1999. A report and resolution is attached for your information
Please note that the City recently completed a pedestrian trail access from Highview
Lane to the LRT Trail. This access is located adjacent to the bridge crossing at the
border of Eden Prairie and Chanhassen. This entire trail lies within the City of Eden
Prairie. It is imperative that snowmobiles stay clear of this trail. Please sign this
area accordingly.
Highway 7 Route
Please delete any reference to a south Highway 7 Ditch Snowmobile
Trail. The combination of pedestrian and snowmobile use of this right-
of-way is unacceptable.
Mr. Greg Havlik
September 23, 1999
Page 2
Powers Boulevard Route
· Please delete any reference to a Powers Boulevard Snowmobile Trail. This urban
section roadway with adjoining pedestrian trail leaves no room for a snowmobile route.
Greg, the City received a good number of complaints regarding the use of snowmobiles in the City
last year. Please contact me to establish a time when I can attend one of your meetings. I would
like to discuss with your members the inevitable restraint of snowmobile use within the City.
Sincerely,
Todd Hoffman
Director of Parks and Recreation
TH:gmb
C~
Scott Botcher, City Manager
Mayor and City Council
Park and Recreation Commission
File RA- 146 Snowmobile Trails
g:\park\th\lfavlikLtr.doc
Office of County Sheriff
Carver County Government Center
Justice Center
600 East Fourth Street
'~'"~,~m~ Chaska, Minnesota 55318-2190
'_.ARVER
.OUNTY
Bud Olson, Sheriff
Emergency: 911
SheriffAdmin: (612) 361-1212
Admin. Fax: (612) 361-1229
Dispatch: (612) 361-1231
(Non-Emergency)
Scott Botcher, Administrator
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
April 12, 1999
RECEIVED
:1 1999
Cil'Y Of CHANrJ^6$1FN
Dear Administrator Botcher,
In accordance with the language of the police contract, we are required
each year to determine actual costs for service. Based on those
calculations, any shortages must be billed back to the contracting
community or surplus be paid back to them. The Sheriff's Office has now
completed those calculations for the year 1998.
The 1998 Actual rate is $40.62 per hour, an increase per hour of $.03
versus the estimated rate of $40.59 per hour. The slight increase resulted
from negotiated salaries, county health insurance, county overhead as it
relates to the cost allocation plan, and supplies used by the office. While
personnel and it's related costs rose, efficient and effective maintenance
by our mechanics actually reduced vehicle costs.
Chanhassen City's additional cost for 1998 police contract service is
11,680 hours x $.03 resulting in $350.40 due Carver County. As outlined
on page 6, paragraph 9 of the 1998 service contract, you have 60 days after
notification of the increase to submit the balance to the County. If you
cannot pay the amount due in full within 60 days, payment must then be made
in two installments concurrent with the semiannual payments due for 1999
police contracts. However, payments made after the notification period
shall be subject to 6% interest on the balance due.
Since the additional cost is so minor, you have the option of submitting
it with your 1999 first half payment due the end of June when we bill you,
or we can bill you out immediately. Please sign below and return with your
billing preference.
Affirmative Action/Equal Opportunity Employer
The estimated 2000 contract service rate will be completed approximately
in late July to early August.
Should you have any questions, please do not hesitate to contact me.
BO:pr
Enclosure
cc: Richard Stolz, Administrator.
Fred Boethin, Controller
John Siegfried, County Chair
Please bill immediately
PI~ bill w'~h .the first half
/ City of Chanhassen
1999 Police Contract
Return to:
Pamela Raser, Manager
Administrative Services
Carver County Sheriff's Office
600 E. 4th Street
Chaska, MN 55318-2190
WEST SUBURBAN MEDIATION CENTER
1011 First Street South, Suite 200, Hopkins, MN 55343 (612) 933-0005 Fax: (612) 933-6046
()c{ol~cr 13. ] <)09
Mayor and City Council
('ity of(.'hanhasscn
('itt), I lall
690 ('ity ('enter l)rive
('hanhasscn. MN 55317-0147
,, ~ 1 4 1999
CITY OF' Cbt~t~j~SEi
l)ear Mayor and ('ity Council:
' '1 ;,-.I ()t)() ,., . J.; , ' -,. '
I,~ .... quarter. I .....[a,,shc., or; closed cases tbr Chanhttst~¢n rcsident:~, city slaff
businesses:
I. Neighbor. police dct~artment referral, mediated with signed agreement
Thc usc of mediation to resolve disputes provides a valuable resource lo people in
otlr co~ll~l~tlllitics.
,qinccrclv.
Susan A. Nelson
CARVER
COUNTY
PUBLIC WORKS DEPARTMENT
Carver County Government Center
Administration Building
600 East Fourth Street
Chaska, Minnesota 55318-2192
Phone (612) 361-1010 Fax (612) 361-1025
Administratioa
Parks
Engineering
Highway Maintenanct'
Surveying & Mappin!
October 15, 1999
Ms. Anita Benson
Chanhassen City Engineer
City Center Drive, P.O. Box 147
Chanhassen, MN 55317
Re:
School Zone Speed Limit Determination
County Road 19 (Galpin Boulevard) adjacent to Bluff Creek Elementary School
Dear Ms. Benson:
CiTY CF CHAN?iASG;:~i',;'
OCT 1 8 1999
ENGINEERING
I have received your letter dated October 12, 1999, regarding the clarification of the City Council's intent to designate
and install signage for a school speed zone on Gaipin Boulevard in the vicinity of the Bluff Creek Elementary School.
We plan to perform a school zone speed limit study on the segment of County Road 19 (Galpin Boulevard) in the
vicinity of the elementary school towards the end of October when staff time is available. This has been scheduled in
response to David Hempel's letter dated September 30, 1999, to Carver County.
For the benefit of the City Council, please refer to Hinnesota Statutes 169.14, Subdivision Sa., which states in part that
local authorities may establish a school speed limit within a school zone upon the basis of an engineering and traffic
investigation as prescribed by the Commissioner of Transportation. If a school speed limit is established, the law
further states that the appropriate signs shall be erected by the local authorities on those streets and highways under
their respective jurisdictions.
Galpin Boulevard between County Road 18 (Lyman Boulevard) and State Highway 5 is designated as County Road 19
on the county highway system and is under the jurisdiction of Carver County.
I suggest the City Council rescind that portion of City Resolution #99-82 relating to Galpin Boulevard in respect for
Minnesota State Law. Further, ! expect the city to not install the signage on Galpin Boulevard as stated in City
Resolution #99-82 because of Minnesota State Law and compliance therewith.
If a school zone speed limit is warranted on County Road 19 (Galpin Boulevard) based upon the study we perform,
Carver County will install the appropriate traffic signs. Please be reminded that the law clearly states that the
establishment of the speed limit must be made "on the basis of an engineering and traffic investigation." This "must"
is applicable to all road authorities.
Please contact me if you have any questions or comments regarding this matter.
Si,n,.ced~lv,-~ .~---Tz---~-- - > ...~.
M.'custafso
County Engineer
Copy to:
Ursula Dimler, District 1 County Commissioner
.lohn Siegfried, District 5 County Commissioner
Dick Stolz, Carver County Administrator
A.ffirmative Action/Equal Opportunio' Employer
Print,'d ,.m 1!)%/~r~.vt.(.'ott.vunu'r Recycled Paper
CITYOF
HANHASSEN
'i9' Ce,ter Driw; PO Box 147
,hasse,, Min,esota 55317
?t~o,e 612.937. I900
metal b~x 612.937.5739
)~eed,g Fax 612937.9152
ic Sago' Fax 612.934.2524
MEMORANDUM
TO:
FROM:
Mayor
City Council
Scott A. Botcher, City Manager '~,--~
DATE:
October 1 8, 1999
SUB J:
Brown & Cris, Inc. v. Carver County
For your information, please find a copy of Carver County's Answer and Third
Party Complaint in the above entitled matter.
'~ity of Cha,hassen. A ~rowin~ co,mm,&, with dea, /~kes. atMitr schooh, a cha~mi~z~ dow, tow~, thriving b~dnesses, and beaz~tihd ~arks. A great/~/ace to live, work. ar, d ola~:
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
October 11, 1999
VIA FACSIMILE
AND U.S. MAIL
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
Jol~n F. Kelly
Matthew J. Foli
Marguerite M. McCarron
*Als. licensed in \Visc.n~in
Mr. Gregory T. Spalj
Mr. Brian L. Williams
Fabyanske, Westra & Hart, P.A.
Suite 100
920 Second Avenue South
Minneapolis, Minnesota 55402
Re: Brown & Cris Inc. vs. Carver County
Dear Messrs. Spalj and Williams:
Enclosed herewith and served upon you by United States mail and facsimile
transmission, please find Carver County's Answer and Third Party Complaint in the above-
entitled matter.
TMS:cjh
Enclosure
Very truly yours,
Campbell Knutson
Pr°feli°~~ati°n
......
CC;
Mr. Scott Botcher
Ms. Anita Benson
Ms. Kari L. S. Myrold
Suite 317 * Eagandale Office Center · 1380 Corporate Center Curve * Eagan, MN 55121
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
Brown & Cris Inc.,
VS.
Plaintiff,
Case Type: Contract; Declaratory Judgment
Court File No.
THIRD PARTY SUMMONS
Carver County,
Defendant/Third Party Plaintiff,
VS.
BRW, Inc.,
Third Party Defendant.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED THIRD PARTY
DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon
Defendant/Third Party Plaintiff's attorney an Answer to the Third Party Complaint,
which is herewith served upon you, within twenty (20) days after service of this Third
Party Summons upon you, exclusive of the day of service. If you fail to do so,
1
judgment by d~fault will be taken agaimt you for the relief demanded in the Third Party
Complaint.
CAMPBELL KNUTSON
~rof a~Association
Tl:'.omas M. Scott, #98498
317 Eagandale O~Tice Center
1380 Corporate Center Crowe
Eaga.u, Mianesota 55121
Telephone'. (651) 452-5000
Co-Cotmsel for Defendant/
Third ]Party Pl.l.tiff Carver County
CARVER COUNTY ATTORNEY
ay: ~ t.%....~. ,y~(
Chief D~gu~ Co~ Attorney
C~ve~ Co~ lusd~ Center
600 E~t F~ S~eet
C~s~, Min~o~ 55318-2188
Telephone: (612) 361-1400
Co-Couns~ for D~~t/
~d P~y Plainer C~ver Co~t~
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Brown & Cris Inc.,
VS.
Carver County,
VS.
BRW, Inc.,
Case Type: Contract; Declaratory Judgment
Court File No.
Plaintiff,
ANSWER AND THIRD
PARTY COMPLAINT
Defendant/Third Party Plaintiff,
Third Party Defendant.
Defendant/Third Party Plaintiff, Carver County, for its Answer to Plaintiff's Complaint
and Third Party Complaint, states and alleges as follows:
1. Denies each and every allegation contained therein, except as may be hereinafter
admitted, qualified or otherwise answered.
2. Admits the allegations contained in Paragraphs 1, 2,and 3 of the Complaint.
3. Denies the allegations contained in Paragraph 4 of the Complaint.
4. Admits the allegations contained in Paragraph 5 with the qualification that
Plaintiff was awarded the contract as the lowest responsible bidder.
5. Admits the allegations contained in Paragraph 6 of the Complaint.
81614 1
o
Complaint.
7.
8.
Complaint.
9.
10.
Complaint.
11.
12.
13.
14.
Denies the allegations contained in Paragraphs 7, 8, 9, 10, and 11 of the
Admits the allegations contained in Paragraph 13.a. of the Complaint
Denies the allegations contained in Paragraphs 13.b., 13.c., and 13.d. of the
Denies the allegations contained in Paragraphs 14 and 15 of the Complaint.
Denies the allegations contained in Paragraphs 17.a., 17.b., and 17.c. of the
Denies the allegations contained in Paragraph 18 of the Complaint.
Denies the allegations contained in Paragraph 19 of the Complaint.
Denies the allegations contained in Paragraph 20 of the Complaint.
As to the allegations contained in Paragraph 22, admits that Brown & Cris, Inc.
would be paid for its work in accordance with the terms of the Contract.
15. Denies the allegations contained in Paragraphs 23, 24, 26, 28, 29, 31, 32, 33,
35.a.-e., 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, and 47.
AFFIRMATIVE DEFENSES
16. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
THIRD PARTY COMPLAINT
1. Carver County has been served with a Complaint herein, a copy of which is
attached hereto as Exhibit "A".
2. Third Party Defendant BRW, Inc. provided professional engineering services
for County State Aid Highway 17, Job No. SAP 10-617-14 ("the Project") pursuant to a
professional services contract with the County dated August 9, 1994.
81614 2
3. Paragraph 4.12 of BRW's professional services contract with the County states:
The Engineer agrees to hold harmless and indemnify the County
from and against liability, including reasonable attorney's fees,
arising out of the Engineer's negligent acts or omissions in the
performance of Engineer's obligations under this Agreement.
This indenmification shall extend only to those aspects of the
Project's design or the Engineer's services over which the
Engineer has exclusive control. In no case shall the Engineer be
required to pay an amount disproportional to its culpability, or
any share of any amount levied to recognize more than actual
economic damages.
4. The County is entitled to indemnification from BRW for any judgment awarded
to Plaintiff against the County, together with the attorney's fees and costs incurred by the
County in defending this matter.
WHEREFORE, Defendant/Third Party Plaintiff Carver County demands judgment as
follows:
1. Dismissing Plaintiff's Complaint and awarding Defendant/Third Party Plaintiff
Carver County its costs and disbursements; and
2. Granting the County judgment against Third Party Defendant BRW, Inc. for any
amounts owing Plaintiff and for its attorney's fees and costs.
Dated:, L~)//// , 1999.
CAMPBELL KNUTSON
7ryTfessi°~al~iati°3 ~/~
Thomas M. Scott, #98498
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
Co-Counsel for Defendant/
Third Party Plaintiff Carver County
81614 3
CARVER COUNTY ATTOR/N~Y
Chief Deputy ~ounty Attorney
Carver Cotmty Justi~ Center
600 East Foam% Street
Chask.% Minnesota 55318-2185
Telephone: (612) 361-1400
Co-Coumel for Defendant/
Third Party P!_a_intiff Carver Cotmty
ACICNO .WLED GEMEN~.
The undersigned hereby acknowledges that sanctions may be imposed pursuant to
Minn. Stat. § 549.211.
1999. CAMPBELL KNUTSON
Thoma-~ M. Scott, #98498
317 Eag~ale Offic, C~r
1580 Co~omz Center C~e
Zag~, M~som 5S121
Telephone: (651) 4S2-5000
C~Co~ for Defend~U
~d P~ Pl~!~ff Ca~ Co~
CARVER COUNTY ATTORNEY
Karl L,
~ef D~uU Co~ A~mey
600 E~t Fo~
C~Cou~ for Defend~t/
~d P~ Pilaf Carv~ Co~
$1614
TOTAL P.B4
SEP-28-1~99 09:53
STATE OF MINNESOTA
COUNTY OF CARVER
Brown & Cds Inc.,
VS.
Cat-er County,
EXHIBIT
Plaintiff,
6123611413 P.03/11
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Contract; Declaratory Judgment
Court File No.
COMPLAINT
Defendant.
PlaintiffBrown & Cris Inc. ("B&C"), for its Complaint against Defendant Carver County
("the County"), states and alleges as follows:
_GENERAL ALLEGATIONS
1. B&C, a general contractor, is a Minnesota corporation with its principal place of
business located at 19470 Kenrick Avenue, Lakeville, Dakota County, Minnesota 55044.
2. The County is a governmental entity and political subdivision' organized and existing
under the laws of the State of Minnesota.
3. In early 1996, B&C submitted a bid to the County for construction services relating
to thc reconstruction of County State-Aid Highway 17, Job No. SAP 10-617-14 (the "Project"). The
Project's proposed work included: pavement removal, grading, roadway, water main, sanitary'
sewer, storm sewer, street lighting, and landscaping.
4. B&G's bid, like those of its competitors, relied on the plans and specifications of the
Project's contract (''the Contract Documents") which had been prepared and made available by the
County. The County knew and intended for B&C and other bidders to rely on the Contract
N;~L~BLW'd 2903227.w1~
SEP-28-1999 09:53 CARUER COUNTY ATTORNEY 6123611413 P.O./il
Documents, B&C's bid amount included work to be performed by various subcontractors under a
number o~'subcontracts.
$. On Apr12, 1996, the County opened all Project bids. The County's Engineer, BRW,
Inc. ("the Engineer") recommended that the Project be awarded to B&C. The County and B&.C
executed a contract for the Project on April 16, 1996 ("the Contract").
6. Pursuant to the Contract, B&C was to complete the Project within one-hundred fifty-
five (155) working days, or the County would be entitled to assess liquidated damages against B~,.C.
The Project was completed in 1997.
7. As more specifically set forth herein,' the County breached the Contract, including
without limitation, the representations, warranties and agreements of' the Contract Documents.
8. Bac timely notified the County of the County's breach ofthe Contract, as well as
or'the resulting financial impact on the performance of B&C's work.
9. B&C timely requested equitable adjustments ofthe Con~:ract and submitted extensive
and detailed documentation supporting those requests to the County.
10. B&C has satisfied any and all conditions precedent to the commencement of this
action against the County, and each count herein, or such conditions have been waived by the
B&C, and B&C's subcontractors, performed on the'Project.
The County currently owes B&C an amount in excess of $50,000.00 for the work
N;L~L~BLW~! 2903227.'*1xi 2
$EP-28-1S9~ 09:53 CI~UER COUNTY ATTORNEY 6123611413 P.05×11
to:
12.
COUNT I
BI~ACI-I O~ CONTRACT
Paragraphs 1 through 11 arc realleged and incorporated here~n by reference.
Pursuant to the Contract, thc County e~pressly and/or impliedly agreed, ~nter
a. Pay B&C in accordance with thc provisions oft. he Contract Documents;
b. Grant B&C equitable adjustments to thc Contract for any changed, extra,'and
accelerated work;
c. Not delay, hinder or interfere with the performance ot'B&C's work on the
Project or cause B&C's work to become more costly, time-consuming or difficult than
indicated in the Contract Documents; and
d. Fairly and reasonably administer the Contract in good faith, and not engage
in harsh or overreaching practices.
14. The County breached thc Contract, including specifically, each of the obligations
described above.
15. As a direct result of the County's breach, B&C has been damaged in an amount in
excess o£ $50,000.00, plus interest, costs, and attorneys' fees.
COUNT II
BREACH OF WARRANTY
16. Paragraphs I th.rough 15 are rcalleged md incorporated herein by reference.
17. By making the Contract Documents for the Project available to B&C, the County
expressly and/or impliedty warranted, inter alia, that:
a. The Contract Documents were fit and suitable for their intended purpose;
N:~LUa LWM 2903227,u,-pd 3
SEP-28-1999 09:53 CARUER COUNTY ATTORNEY ~ 6i~61145~ P.O~/ll
b. The representations contained in the Contract Documents were complete and
accurate, including, but not limited to, in. formation concerning: (1) the quantity, quality, and
lo.cation of material; and (2) the description, amount, and accessibility of work; and (3) the
conditions under which the work was to be performed; and
c. The work could be performed using ordinary, economical, and customary
methods, means, and techniques within the time allocated for completion of the Project.
18. B&C reasonably relied upon the foregoing warranties, individually and collectively,
in preparing and submitting its bid for the performance of the work on thc Project, and in cnterhag
into the Contract with t~e County. ' .
19. T~e County breached its waz~'anties to B&C, includ~g specifically, each of the
warranties described above.
20. As a direct result of ~e County's brea. chi B&C has been damaged in an m-nount in
excess of $50,000, plus interest, costs, and attorneys' fees.
COUNT_ FII
9UANTUM tvrERUIT
21. Pm'a~aphs 1-20 are realleged and incorporated herein by reference.
22. At the County's direction, B&C performed work on the Project w~th't~e re,enable
expectation that B&C would be paid by t~e County for such work.
23. The County has refused to pay B&C for all of the work B&C, and B&C's
subcontzactors, performed on the Project..
· 24. . B&C is entitled to the reasonable value oft~e work it performed on the Project in an
amount in excess of $50,000.00, plus interest, costs, and attorneys' fees.
N:~PL~BL'~I 2~0~ 227.v~I 4
SEP-28-1999 89:53 CARVER COUNTY ATTORNEY 6123611413 P.07/11
COUNT IV
.UNJIIST ENRICBSfENT
25. Paragraphs 1-24 are realleged and incorporated herein by reference.
26. If thc County is permitted to retain thc benefit of B&C's work on the Project without
compensating B&C, the County will be unjustly ertriched, and B&C impoverished, in an amount
in excess of $50,000,00, plus interest, costs, and attorneys' fees.
COUNT. V
PROMISSORY AND EOUITABLE_ES_TOPPEL_
27. Paragraphs 1-26 are reallegcd and kncorporated herein by reference.
28. As a result of the County's promises, representations, and warranties described
herein, the County is promi~sorily and equitably estopped from denying its obligation to pay for
B&C's work on the Project.
29. B&C is entitled to recover damages from the County in an amount in excess of
$50,000, plus interest, costs, and attorneys' fees.
COUNT VI
N'EGLIGENCE
30. Para~aphs ~29 are reallcged and incorporated herein by reference.'
31. The County ancUor its authorized representatives owed B&C a duty to exercise the
standard of care ordinarily exercised by persons occupying the position of owner, engineer and/or
construction manager.
32. The County and/or its authorized representatives failed to exercise such standard of
care and, accordingly, breached this duty to B&C by, int,r alia, negligently engaging in the conduct
described herein.
N:~LmLWM 2903227.wpd 5
SEP-28-1999 09:54 C~RUER COUNTY ATTORNEY 612~61141~ P.08711
33. As a direct result of thc County's breach of duty described herein, B&C hm incurred
damages in an amount in excess of $50,000, plus interest, costs, and attorneys' fees.
COUNT VII
NEGLIGENT lVrlSREPRIISENTATION
34. Paragraphs 1-33 are realleged and incorporated herein by reference.
35. In addition to the County's representations described previously in this Complaint,
the County represented to B&C, inter alia, that:
a. Contract Documents addressing Project earthwork balances were accurate,
despite receiving ongoing notice from B&C that every Project phase was generating excess
material;
b. B&C had no cause for concern relative to the inadequacy of Project disposal
sites for excess material;
c. B&C would be compensated for the additional expenses it incurred for
hauling excess materials off-site throughout the course of the Proje'ct;
d. the County had identified all utility lines which would be encountered by
B&C during the Project's excavations; and
e. B&C would be allowed to adhere to the construction schedule that B&C
submitted to the County.
36. Ail of the County's representations described herein were false and misleading.
37. The representations were material and dealt with a past or present fact suscel~fible,
of knowledge.
N;~L~BLW~I 2~3227-wlxi (5
SEP-28-1999 09:54 CARUER COUNTY ATTORNEY 612~611415 P.09×11
38. The County knew or should have known that the representations were false and
misleading, and omitted to state those material facts necessary to make the representations not false
and misleading.
39. The County intended for B&C to act in reliance upon the County's representations.
40. B&C reasonably and justifiably acted in reliance on the County's representations.
41. As a direct and proximate result of B&C's reliance on the County's representations,
B&C has incurred damages in an amount in excess of $50,000, plus interest, costs, and attorneys'
fees.
COUNT VIII .
DECLARATORY JUDGMENT-MINN, STAT § 5.$5.01 etseq.
42. Paragraphs 1-41 are realleged and incorporated herein by reference.
43. Pursuant to the Contract, the County expressly and/or impliedly agreed to not delay,
hinder or interfere with the performance of B&¢'s work on the Project, or cause B&C's work to
become more costly, time-consuming or difficult than indicated in the Contract Documents.
44. Pursuant to Minn. Stat. § 555.01 et seq., B&C is entitled to a declaration that the
County's breach of contract, breach of warranty, and other actions and/or omissions delayed,
hindered and/or interfered with B&C's performance of B&C's work on the Project, and caused
B&C's work to become more costly, time-consuming and/or difficult than indicated in the Contract
Documents.
45, Pursuant to Minn. Stat. § 555.01 et seq., B&C is entitled to a declaration that in
fulfilling/ts obligations to the County, B&C in no way caused or contributed to the delays,
hindrances, and interferences of the County win/ch led to the Project's completion beyond the one-
hundred fifty-five (I 55) working days established in the Contract.
N:~L~BLW~ 12~0~ 227.wlJd 7
SEP-28-1SSS
09:54 CARUER COUNTY ATTORNEY
612~611~1~ P.10711
46. Pursuant to Minn. Stat. § 551.01 et seq., B&C is-entitled to a declaration that the
delays, hindrances, and interferences of the County led B&C to require an additional one-hundred
thirty-one (131) working days to complete the Project.
47. Pursuant to Minn. Stat, § 551.0I et xeq., B&C is entitled to a declaration that no
liquidated damages, or any other sanction~, may bc assessed against B&C under the Contract.
WHEREFORE, B&C prays for the following relief:
1. An entry of judgment in favor of B&C, and against the County, awarding
damages in excess of $50,000, pre-judgment and post-judgment interest, costs and disbursements,
and reasonable attorneys' fees as allowed by hw;
2 A time extension of one-hundred-thirty-one (I 31) days to the Contract.
Pursuant to Minn. Stat. § 555.01 et seq., a declaration that:
the County's breach of contract, breach &warranty, and other actions and/or
omissions delayed, hindered and/or interfered with B&C's performance of
B&C's work on the Project, and caused B&C's work to become more costIy,
time-consuming and/or difficult than indicated in the Contract Documents;
bo
in fulfilling its obligations under the Contract, B&C in no way caused or
contributed to the delays, hindrances, and interferences of the County which
led to the Project's completion beyond the one-hundred fifty-five (155)
working days established in the Contract;
the delays, hindrances, and interferences ofthe County led B&C to require
an additional one-hundred thirty-one (131) working days to complete the
Project; and
N:~L~LW~1290~227,w1~
8
SEP-28-1999 09:54 CARVER COUNTY ATTORNEY 612361141~ P.11/ll
4. Such other and further relief as the Court deems just and equitable.
Dated:
920 Se¢orid Avenue South
Minneapolis, MN 55402
(612) 338-01 I5
ATTORNEYS FOR PLAINTZFF
ACKNOWLEDGMENT
I acknowledge that costs, disbursements and, reasonable a-t~mey and witness fees may be
awarded under Minn. Stat. §549.21, sub& 2: tj/'~ l~at~aga!l~whom the allegations in this
N:~t.~BLW~[ 2903227.wlxl
TnT~I D 11
CHANHASSEN FIRE DEPARTMENT
FIRE/RESCUE
WEEK OF OCTOBER 11, - OCTOBER 17, 1999
Moll
Tues
Tues
Weds
Weds
Weds
Weds
Thurs
Fri
Fri
Fri
Fri
Sat
Sat
Octll 6:31PM
Oct 12 8:43 AM
Oct 12 9:35 AM
Oct 13 4:17 AM
Oct 13 6:24 AM
Oct 13 8:39 AM
Oct 13 12:28 PM
Oct 14 3:49 PM
Oct 15 8:32 AM
Oct 15 9:15 AM
Oct 15 1 t:245 AM
Oct 15 8:12 PM
Oct 16 10:06 AM
Oct 16 7:30 PM
Rosewood Drive
Chaska Fire Department
Highover Drive
Chaska Fire Deparmient
Pontiac Lane
Saratoga Drive
Valley Ridge Trail South
Great Plains Boulevard
Flamingo Drive
Western Drive
Lake Susan Hills Drive
Eden Prairie Fire Department
Coulter Boulevard
West 96th Street
Medical - chest pains
Mutual Aid - structure fire
Medical - bum injury
Mutual Aid - structure fire
Medical - heart attack
Medical - person fell
Medical - person choking
Medical - severe cut
Medical - possible diabetic coma
Medical - unknown problem
Fire alarm - false alarm, no fire
Mutual Aid - house fire
Medical - head injury
Car accident, cancelled enroute, no injuries
Scott
--rom:
Sent:
o:
3ubject:
Sharmin AI-Jaff [chpln7@ci.chanhassen.mn.us]
Tuesday, October 12, 1999 7:31 PM
Kate Aanenson; Scott Botcher
Country Clean Update
Dn October 12, 1999, I spoke to Matthew Ledvina, Civil & Environmental
Engineer with Liesch Associates, Inc. Mr. Ledvina is the project engineer
who has been conducting tests and providing recommendations on clean up of
the site.
~r. Ledvina stated that testing and monitoring of the ground water
~ontinues. There are four monitoring wells on site. There appears to be no
~hange in the problem (level of contamination). They are expanding the
testing radius by 50 feet. They will use geoprobes to obtain soil and water
samples at a depth of 25 feet. The samples will be tested next week to
Donfirm no offsite impacts exist. Based upon results, focus on onsite
remediation will begin. Timelines will be established based on testing
results.
I will contact Bev Ricker and give her this update.
CITYOF
CHANH SEN
~ CiO' CenterDrive, PO Box i47
ihanhassen, Minnesota 55317
Phone ff12.937, lO00
General Fax' 612. 932 5739
,~gineering Fax 612.937.9152
!blic SafeO, Fax 6I°... 934. 2524
% wwm cl. d)anhassen.,m, us
October 15, 1999
VIA FACSIMILE
Mr. Richard Stehr
Metro Division Engineer
Minnesota Department of Transportation
Metropolitan Division - Water's Edge
1500 West County Road B2
Roseville, MN 55113
Re~
Trunk Highway 5/West 78~' Street City Project No. 97-6
S.P. 1002-61, S.P. 1002-70 and S.P. 1002-71
Dear Mr. Stehr:
This letter shall serve to summarize the City of Chanhassen's understanding regarding
issues discussed in our conference call on October 14, 1999 and reiterate the City's
interest in assisting MnDOT in the right-of-way issues.
The completion of the Highway 5/West 78th Street improvement project prior to the 2002
PGA Tournament is an objective which MnDOT is confident they can meet with the
current June 14, 2000 letting date. However, the City of Chanhassen strongly believes
that there are more important factors such as safety and capacity issues which .justify an
extra effort, both on the part of City and MnDOT officials, to meet a March, 2000
contract letting. A contract letting in March, 2000 would provide for substantial
completion of the improvements by fall of 2001.
The City would like to further explore the possibility of taking the lead role on obtaining
right-of-entry permits from affected property owners for the project. Prior to the City
investing the time and effbrt to obtain right-of-entry permits, criteria needs to be defined
and agreed upon that would allow MnDOT to commit to a bid letting in March of 2000.
1 look forward to discussing any ways the City may be able to assist in achieving a
March, 2000 contract letting for this project.
Sincerely,
~t~chlTY~AS SEN
City Manager
SB:ALB:ktm
C;
Anita Benson, City Engineer
CC Admin. 10/25/99
g:XengXpublic' 9 7-~,~,stehr letter.doc
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