Admin Section 1
1 ADMINISTRATIVE SECTION
Memo from Larry Blackstad, Hennepin County Office of Planning and Development, dated
November 16, 1993.
Letter from Mark Grimes, City of Golden Valley, dated November 5, 1993.
Letter to John Przymus from Roger Knutson, dated November 17, 1993.
Letter from William Birtcil, Pillsbury, dated November 8, 1993.
1 Memo from Independent School District 112, dated November 4, 1993.
Missoulian Newspaper Article regarding Wal -Mart site.
Newspaper Article on Organized Garbage Collection, dated November 17, 1993.
1 Article on Minnesota Recreation and Parks Board.
1111 Memo from Fred Hoisington, Hoisington Koegler Group, Inc., dated November 19, 1993.
Letter from Jan Gray, Minnetonka Public Schools, dated November 17, 1993.
1 Letter from B. C. "Jim" Burdick, dated November 18, 1993.
Letter to Jerome Carlson.
Letter to Mr. and Mrs. Don Goon, dated November 17, 1993.
Invoice from Strgar- Roscoe - Fausch, Inc., dated October 31, 1993.
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Fax to Pat Karczcwski from Bill Engelhardt, dated November 23, 1993.
Memo to the Planning Commission, dated November 18, 1993.
News release from National Housing Center, dated August 5, 1993.
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Letter from William Engelhardt, dated November 24, 1993.
' Letter from Mark W. Grimes, City of Golden Valley, dated November 23, 1993.
Letter from Otto Bonestroo, dated November 18, 1993.
Letter to Mike Wegler, Street Superintendent, dated December 1, 1993.
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1 Fax to J. E. Brill, Jr. from Thomas Scott, dated December 1, 1993.
Letter from Chanhassen Elementary Student Council.
I Document/Conciliation Court, plantiff Mark Halla.
1 Letter to Al Beisner, dated December 6, 1993.
Memo to Bob Lindall from Publicorp Inc., dated November 15, 1993.
I Accounts Payable from December 13, 1993.
1 Memo from Michael Schroeder, Hoisington - Koegler Group Inc. dated November 29, 1993.
Memo to Steve Kirchman from Sharmin Al -Jaff, dated December 7, 1993.
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RECEIVL : {
DATE: November 16, 1993 NOV 18190
II ‘11- Lt7HtYth > ._s
TO: Urban Hennepin County Communities
HENNEPIN FROM: Larry Blackstad, Hennepin Cinty Office o
Planning and Develop ✓/ /
...���
SUBJECT: Staff Change
As of November 29, 1993 I will be leaving the Hennepin County Office of 1
Planning and Development to join the staff of the Hennepin County Office of
Training and Employment Assistance.
It has been my pleasure since 1975 to serve as staff for the Urban Hennepin
County Community Development Block Grant Program and to work with the
participant communities to develop and implement community projects and
programs which have enhanced the quality of life for the residents. I want to
thank each of you for your cooperation and support throughout the past 18
years.
In changing the focus of my activities within Hennepin County, I look forward
to continuing to work with you in the development and implementation of new
job creation programs to support the economic growth of your communities. 1
Questions concerning CDBG funded activities should be addressed to Doug
Benson, OPD Planning Supervisor at 348 -4544, until further notice. 1
THANK YOU, and I look forward to continuing our work together.
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CC /Pa rr ,.0,
ilEa
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n1, t', 1993
City of Golden Valley +>oY �'� ` „- �`• tiA` =DE
November 5, 1993
1 Mr. Paul Krause
Director of Planning -
' City of Chanhassen
PO Box 147
Chanhassen, MN 55317
1 Dear Paul:
Thank you for agreeing to participate in the MnAPA workshop "Planning for
I Community in the Twin Cities ". We are excited about the response we have gotten
from both presenters and those planning to attend.
I am enclosing a copy of the brochure for the workshop; it outlines the schedule
for the day. We have asked you to be on the afternoon panel that will begin at
about 2 PM and last until 3:30. The moderator of the afternoon panel will be
' 011ie Byrum, Planning Director for the City of Minneapolis.
The purpose of the afternoon panel is to react to questions and ideas raised at
the roundtable discussions that will take place from 1:30-2:15 PM. The round-
table discussions for all those attending will focus in on several areas where
social equity meets planning. The roundtable discussions will focus on
transportation, metropolitan government, affordable housing, public safety, edu-
cation, economic development, citizen participation and "NIMBY's ". Each round-
table will generate questions or ideas related to the focus area.
' We encourage you to attend the entire workshop and especially from lunch on.
You are invited to be our guest at lunch so if you plan on eating, please give
me a call at 593-8095.
' Thanks again for your willingness to participate in the November 19th workshop.
We look forward to hearing your thoughts.
Since ely,
Mark W. Grimes, Chair
Program Committee
1 P.S. Enclosed is a list of the afternoon panelists.
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1 7800 Golden Valley Road, Golden Valley, Minnesota 55427 -4588
(612) 593 -8000 FAX (612) 593 -8109 TDD (612) 593 -8050
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011ie Byrum (Moderator)
Director of Planning
City of Minneapolis
Peggy Richert
Director of Planning
City of Eagan
Roxanne Givens
President
Legacy Management ,
Richard Little
Consultant for INTER -RACE ,
(International Institute for Interracial Relations)
Doug Tenpas
Mayor
City of Eden Prairie
Dan Cornejo
Director of Planning
City of St. Paul
Paul Krause '
Director of Planning
City of Chanhassen
Representative Myron Orfield
State Representative from Minneapolis '
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
I Attorneys at Law
Thomas J Campbell �"t`� h. (612) 452 -5000
Roger N. Knutson REC!i.{� 4� L.L�Fax (612) 452 -555O
' Thomas M. Scott
Gary G Fuchs 100',
Elliott James R. VValston
Elliott B. Knetsch
Eli abeth A. Lun er CITY Ur L`'
Andrea McDowell Foehler November 17, 1993
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Mr. John B. Przymus
1 642 Santa Vera Drive
Chanhassen, Minnesota 55317
Re: Interim Use Permit
1 Dear John:
' At the conclusion of our October 16th meeting you were to
get back to Paul Krauss on your decision on the interim use
permit. Three options were left on the talk: (1) withdraw the
permit application, (2) concur with staff's recommendation of a
' 15 -year permit term and proceed to the City Council, (3) go back
to the City Council and ask for something contrary to the staff
recommendation.
1 Please let us know your decision within the next ten (10)
days.
1 ours,
C. PBELL 4 TSON, SCOTT
1 "S, P.A.
1 By. .
Roger ► on
Chanhassen City Attorney
RNK:srn
1 cc: Paul Krauss
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1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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jM 1
Pillsbury C e /% `X — /1/7-11
WILLIAM H. BIRTCIL TELEPHONE: 612/330 -7390 1
VICE PRESIDENT FAX: 612/330 -4350
GOVERNMENT & COMMUNITY AFFAIRS
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November 8, 1993
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Mr. Don Ashworth
City Manager
690 Coulter Drive
Chanhassen, MN 55317
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Dear Mr. Ashworth:
I am writing to inform you of our strong support for the North American Free Trade
Agreement.
We are fully aware of the many conflicting opinions regarding the impact NAFTA will
have on American jobs. We believe that NAFTA will add new jobs in America, and we
know it will mean increased employment at The Pillsbury Company. Further, we believe
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the agreement will mean an even stronger increase in the amount of Pillsbury products
currently exported to Mexico. You may be interested to know that we are so confident in
the potential of the Mexican marketplace, we have opened an office in Mexico City to
coordinate our Mexican business development.
We believe the Congressional vote on NAFTA will be one of the most important votes 1
during the 103rd Congress. We also believe NAFTA will help create an even stronger
North American market. For these reasons, we feel it is important that you understand our
position on NAFTA.
Sincerely,
— 1. 7i;a0
WHB /jp
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RECEIVED
NOV 15 1993
CITY OF CHANHASSEN 1
PILLSBURY CENTER • 200 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402 -1464
A Grand Metropolitan PLC Company
MEETING MEMORANDUM
c M
INDEPENDENT SCHOOL DISTRICT 112 (-
1 1993 REFERENDUM REQUEST A/ "
SUBJECT: November 4, 1993 @ District Office
' ATTENDANCE:
David Clough ISD 112
' Jeff Priess ISD 112
Fred Lamb Frauenshuh Co.
Don Ashworth City of Chanhassen
' Ted Rozeboom HGA
John R. Gockel JRG & Associates
SUBJECT: Chanhassen site
Mr. Ashworth stated that in order to establish a uniform assessment role it is necessary to
' asses all properties uniformly. This is typically done on a per linear foot basis. He
believes that to construct the collector road in the most efficient manner it is necessary to
reconstruct the adjacent portion of Galpin Rd., install the required public utilities, to grade
' for the collector road and to grade the site as one package. The proportional assessment
against the district would then be abated in favor of the agreed to purchase price of the
land. The District would purchase a net 20 acres.
The architect and the district's consultant have advised that a reasonable and common
method of distributing the cost of balancing of the site is to do it on a per acre basis.
1 Since the City will be doing the project as a 429 project the District would have the option
of paying for it in a lump sum or over time.
1 The city is agreeable to having Hammel Green and Abrahamson design and prepare
bidding documents for the work, under a contract with the city.
' It was agreed that a Developer's agreement would be necessary to define respective
responsibilities.
' The foregoing represents the author's understanding of the comments and conversations of
the subject meeting. Additions and corrections shall be made known prior or at the next
scheduled meeting of the Committee.
Respectfully Submitted:
John R. Gockel
' cc: all present RECEIVED
' ■139 -012 NOV 1 5 1993
CITY OF CHANHASSEN
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,�.. , 4 , � ' . t t , , ; � . i , 1 MISSOULA, MONTANA 50 CE11 T 3 M
H ealth agency re
W a l Martslt�
Missoula's air can't take the traffic increase, ; '
memorandum to county commissioners says
By SHERRY DEVLIN Department said, h already over capacity. '
of the Missourian , - By building on the south side, Wal -Mart would
increase traffic at Malfunction Junction by as much
Fearful that Missoula's most polluted intersect -' as 3,279 vehicles a day, said Jim Carlson, environ- •
tion will become even more polluted, the Missoula , health director at the Health Department.
City- County Health Department on Tuesday recom- Carlson based his calculations on Wai- Mart'S
mended that Wal -Mart be denied the zoning change own estimate of 10,000 trips to the store per day and .
it needs to build a store on the south side of town. the city's 1990 traffic counts along major streets lead -
In a memorandum to the Missoula County com- ing to the proposed site.
missioners, the Health Department said Wal- Mart's Even if•half the trips were trips lured away from
proposed site at Highway 93 and Miller Creek Road other retailers, traffic along Brooks Street still would
would increase traffic at the intersection of Sbuth increase by 6 percent, he said. "We do not feel that
Avenue and Brooks and Russel! streets — Mal- this level of increase is acceptable."
function Junction — by as much as 12 percent. Carlson said the Health Dcpartment will recom-
Traffic congestion at the six - legged intersection
is the reason that Missoula violates federal carbon
monoxide standards. The intersection, the Health (See WAL -MART, Page A-81
• M INII E • IIMI MN • INII MIN MI I MN 0111 • I MN 111111 MI
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1 Organized garbage collection?
I Council member warns of possible controversy
By John Mugford The impetus for considering a
71 SHOREWOOD 7 single - hauler system is a road
In Shorewood, city officials system that will need extensive
I continually look for ways to slow pass such a plan, it would likely repairs in coming years, accor-
the breakdown of the city's sign a contract with one garbage ding to city officials.
streets. hauling company, most likely At least two aspects of a
One very tentative plan under the low bidder, which would col- single - hauler garbage plan
I consideration might sound lice a . iect garbage from the city's would be designed to save the
logical, money - and street- 2,400 residences. streets from undue wear and
saving remedy to some "At this point the whole thing tear.
I residents, but like a lot of gar- is very preliminary," said City It's possible a low - bidding gar-
bage to others. Administrator Jim Hurm. "This bage hauler might be required
It would organize garbage col- is just the beginning of discus- to:
lection in the city, eliminating sions. There's a variety of things • Use lighter trucks to collect
I the free- market, multi-hauler that could happen. Eventually garbage from homes, possibly
system currently in use. there could be one hauler in the under 4 to per axle.
The Planning Commission city, single-haulers for certain • Collect garbage citywide just
and City Council will begin zones in the city, simple restric- one day per week, thereby
I discussing such a plan at a joint •tions on the weight of trucks, or reducing travel time on the -
work session Nov. 30 at City a combination of those. Or, • streets.
Hall. things could stay the way they
Should the city eventually are. • - - -GARBAGE: To page 2A
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Ad., Nov. 17, 1993
parba e: One - hauler system discussed
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From page 1A council chambers]," she said. average of $Z76 annually for gar The pros include reducing the
"A lot of people feel comfortable bage collection. Excelsior burden on the streets and the an-
e the city has an organiz- with their garbage collector and residents pay $ 225 per Yom, ticipated cost- savings for
thil plan for recyclable don't want that to change." while Tonka Bay residents pay residents.
L residents can contract But there's a chance that go- 1176 p y ear. However, such a system
ny garbage collector they ing with one collector could save "Of course even if we went to would take away residents'
. As a result, garbage col- most residents money, actor- a single - hauler our costs might chance to choose a hauler and, if
lection takes place six days a ding to a survey done by Hen - still be higher in Shorewood," the city places several man-
nepio County. Hurm said. "Our city is more dates on garbage haulers, make
ilmember Kristi Stover, The study shows that the spread out than those cities, it more difficult for smaller,
has been on the council average fee paid by Shorewood which makes it more expensive financially weaker haulers to
more than a decade, warned col- residents is higher than the fees to collect garbage. And, requir- bid for the city's contract. Those
r at a recent work session paid by residents in Excelsior ing lighter trucks could drive firms might not be able to afford
e issue could cause and Tonka Bay, where organiz- costs up even more for the to buy lighter trucks, Harm
ersy. ed systems are in place. hauler." said.
"If this ever gets serious, we'll According to the study, Hurm said there are pros and
ir people packed in here [the Shorewood residents pay an cons to the single - collector plan.
�1/ (I — {. r G4 T Als4.✓1 . a., 5 •c.1s. l 11
Recognition of 1993 Recreational Sports Commission —Bret Heitkamp, Chair
Chair - Bret Heitkamp District 6 - Ward Wallin
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District 1 - Roger Lowe At Large (MRPA) - Rick DeGardner
District 2 - Randy Claussen At Large (MRPA) - Jon Oyanagi
District 3 - Jim Kappelhoff At Large (Non -MRPA) - Dick Starner 1
District 4 - Jeanne Vestal At Large (Non -MRPA) - Steve Stinski
District 5 - Dolf Moon
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Introduction of newly elected RSC members —Bret Heitkamp, Chair
District 1- Dean Mulso District 4 - Jeanne Vestal 1
Recognition of 1993 Board members and officers — Howie Odden, President
President - Howie Odden Vice President & President -Elect -
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Randee Nelson
Treasurer - Jody Yungers Secretary - Mary Merrill Anderson
Past President - Steve Michaud RSC Representative - Bret Heitkamp 1
Central Region - Chuck Wedin Southern Region - Mark Mayer
East Metro Region - Mary Pat Black Student - Michael Noel
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East Metro Region - Fernando Fuentes West Metro Region - Bill Bach
East Metro Region - Mary Livingston West Metro Region - Jerry Brandt
Northern Region - Marilyn Isaac West Metro Region - Bob Lambert
Presentation of plaques to retiring directors — Howie Odden, President 1
East Metro Region - Mary Pat Black / 'z 7 '
Southern Region - Mark Mayer 1 / , j i
West Metro Region - Bill Bach ii"f 71 /
West Metro Region - Bob Lambert „`/•; /�� � pf' "
Pa t President - Steve Michaud wit/ ��G r , 7 I
Induction of 4Vgirdirectors and officers — teve Michaud, Past Presidents 2' '
/ Fi7-4/ - "Oi er. 1
D irectors: • etro Region - Bob Klatt
Southern Region - Sandy Allen
West • I ; • I' 1 n - Rick Birno
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West Metro Region - Todd Hoffman
Officers: Vice President : ' rest I ent- ect - Ken Vraa 1
President - Randee Nelson
Closing Remarks — Howie Odden
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12:45 PM Closing Keynote Session
Humor, Hope and Happiness
Speaker: Nancy Mark, ?!resident, reMARKable Speaking, Minnetonka
Presider: Jon Oyanagi .
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calms -�
1 Hoisington Koegler Group Inc, - ,kx
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1 MEMORANDUM
1 Date: November 19, 1993
From: Fred Hoisington
1 To: Paul Krauss, Planning Director
City of Chanhassen
' Subject: Trunk Highway 101 Neighborhood Meeting of November 17, 1993
1 Present:
Al Klingelhutz REC
Lori Jesberg
�
Mark Jesberg NOV 2 1 1993
Wayne Holtman
Walter Paulson CITY OF CHAryHASSEN
'
Marge Shorba
Paul Krauss
' Fred Hoisington
' We began the meeting by recapping the range of alternatives that are being considered
for the future alignment of Trunk Highway 101. We presented the criteria to be used
in evaluating alternatives and the scoring of alternatives for each criterion, indicating
that Alternative 3 scores the highest and could be termed the preferred alternative based
on its relatively higher score. We also explained that the criteria had not been weighted
which means that all criteria are considered to be of equal importance. We then opened
' for questions.
Mark Jesberg asked why Alternative 2 scores lower in neighborhood compatibility and
we explained that housing of lower value than that which already exists in the
neighborhood would likely be constructed in the area between the two highways and
that that housing would not likely be comparable in value to the Jesberg property or
homes west of existing Highway 101.
Mr. Jesberg asked whether they can make improvements to the property and expect
' compensation for those improvements given the rather long period before the property
will actually be taken. We explained that any improvements associated with normal
maintenance would certainly be compensated for and all improvements, including
additions, would be compensable up until the time of the official mapping of the new
Land Use /Environmental • Planning /Design
' 7300 Metro Boulevard / Suite 525 • Minneapolis, Minnesota 55439 8 (612) 835 -9960 • Fax: (612) 835 -3160
1
TH1 i
101 Neighborhood Meeting of
November 17, 1993 1
Page 2
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highway alignment. After official mapping, additions should not be constructed because 1
they will not be compensable.
Mr. Jesberg asked how soon they should expect to move and we indicated that it could 1
be a rather considerable period of time given that the Highway 212 construction
schedule has been pushed to at least 1998. He wondered if once the property is
officially mapped, the City would buy them out in the event they find another home in 1
the near future? We indicated that that may be difficult in a non hardship case but that
the City would strive to accommodate the owners of the houses on the east side of 101
should that circumstance occur. 1
Mrs. Jesberg asked what the Highway 101 scenario might be if Highway 212 were never
built. We answered that the traffic volume on Highway 101 would continue to grow as 1
development ensues warranting expansion of the existing highway in the event no
alternative alignment is provided.
Mrs. George Shorba indicated that her son may have an interest in building �n the 1
vacant lot on the east side of existing 101 and we indicated that that is possible but not
recommended. 1
Al Klingelhutz spoke in favor of Alternative 3 stating that the remnant of land that
would lie between the two highways would provide opportunities only for modest value 1
housing construction.
Mr. Jesberg conceded that his house would be taken as part of the project but reiterated - 1
his concern that the City work with him to make the transition acceptable.
We explained that the process from here on will include the preparation of a summary 1
report of findings and conclusions, followed by the official mapping of the highway. We
indicated that we expect the issue to be on the Planning Commission and City Council 1
agendas in January for selection of an alternative.
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CHANHAS \4321 \NEIGHBORMEM 1
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Minnetonka AP 1
Public Schools 0 1,,,".
Learning Today for Success Tomorrow I
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November 17, 1993
1
/� Li- ee 4K �
Don Ashworth, City Manager 1
City of Chanhassen
P O Box 147 c�' e4.--As
Chanhassen, MN 55317 2/(e 1
Dear Don, �G,, /� �p 7g c.... 14 1
Thank you for your part in helping the Seventh Tonka Rake -A -Thon run as
smoothly as possible. I am grateful the City of Chanhassen agrees to
participate in this program and is willing to provide bagged leaf pick up
directly at the seniors' homes. It is very helpful to the overall program. 1
Over eight hundred volunteers raked the yards of sixty sites this year. I I
have enclosed a list of the homes in your city. I look forward to working
with you again next fall on the Rake -A -Thon. 1
Thanks again. 1
Sincerely, 1
Jan Gray'
1
RECEIVED
NOV 19 1993 ■
CITY OF CHANHASSEN 1
- A
Jan Gras Minnetonka Community Education and Services (612) 470 -3488
Senior Service Program Manager 261 School Av enue, Excelsior, Minnesota 55331 FAX (612) 470 -34321
i s
I rW - W rx
�.SOY recycIec paper
1 Principals In Minnesota's Fastest
i
I Growing Area ,
O M
Brian H. Burdick
B.C. "Jim" Burdick
1 426 Lake Street Excelsior, Minnesota 55331
(612) 474-5243
II
November 18, 1993
lAre-rff, ' Stu— 1
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• Q._ c...ry 0/
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Mr. Don Aschworth, City Manager No/e *.4
690 Coulter Drive 74
City of Chanhassen
II
Chanhassen, MN. 55317 0/ei
as-/
• II Dear Don, -er. 04,..1 c ,-ci. imp1.41- 41 '
7 ee /
Today, November 18, 1993, I received the enclosed notice which reads in
part "Planning Commission Meeting, Wednesday, November 3rd - 7:30 P.M."
II The envelope was postmarked November 17th.
This notice refers to a matter that might be of significant interest to
II us, but we surely cannot cane to a meeting that occured over two weeks
ago.
II Please write to ne or telephone me with an explanation.
Cordially yours,
II 't BURDICK
II BCB/clm
Enclosures
II cc: Mayor Don Chmiel
Chanhassen City Council
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NOV 1 9 1993
1:., , -/ /-c..-4( 7. — , CITY OF CHANHASSEN
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40:
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
1 November 17, 1993
Mr. and Mrs. Don Goon
40 Basswood Circle
Chanhassen, MN 55317
' Re: Site Grading and Restoration - 40 Basswood Circle
Dear Mr. and Mrs. Goon:
This letter is in response to your letter dated October 27, 1993 regarding release of your escrow
' account for the above - referenced property.
Quite frankly, I am surprised by the nature of this letter since at this time I am unaware of any
t outstanding issues other than an invoice for erosion control fencing which was installed as
required by the City and authorized by yourself per a telephone conversation on September 21,
1993 as a result of my letter dated September 16, 1993.
As noted in our letter we have had numerous telephone conversations regarding erosion control
Y P g g
' problems and site grading within the Kurvers Point development and especially relating to your
property. According to our records, we noted on numerous occasions between April 1, 1993 and •
September 21, 1993 your property was lacking the appropriate erosion control measures. On each
' occasion I inquired about your intentions with regards to the completion of the site grading and
landscaping. During our conversations, I had indicated if you were planning on sodding within
a short period of time that erosion control measures would not have to be employed. However,
' site grading was not fully completed nor was sod or erosion control measures employed as
requested by the City.
' There is no doubt that the wet weather conditions over the summer has created a significant delay
in completion of your grading and landscaping project. However, erosion control measures could
have and should have been installed per the City's request. Due to the wet weather conditions
the City did grant an extension of your grading expiration date from July 15, 1993 to September
15, 1993. The City did not randomly impose additional conditions on your escrow; however, the
abnormally wet weather conditions did warrant erosion control fence. Staff was simply following
1
1
Mr. and Mrs. Don Goon
1
November 17, 1993
Page 2
the development contract for Kurvers Point 2nd Addition which dictates erosion control and
landscaping requirements. I have attached a copy of this development contract for your
convenience. Please refer to page GC -3, Item 11, Landscaping, "The developer and/or lot
purchaser shall sod the boulevard and all drainageways on each lot using a minimum of 4 inches
of topsoil as a base and seed or sod shall be also placed on all disturbed areas on the lot. If
these improvements are not in place at the time of issuance of Certificate of Occupancy as
requested, a financial guarantee in the form of a cash escrow or letter of credit shall be provided
to the City." It is my understanding that Joe Miller Homes provided you with a sod and
boulevard tree planting certificate to be used. The development contract also requires that the
landscaping improvements are to be completed during the first growing season after issuance of
the Certificate of Occupancy.
With regards to the development overall, the design and engineering of the public streets and
utility infrastructures meet or exceed the City's design standards for residential development. The
flooding problems that were experienced in early September were due to a combination of things.
First of all, the intensity of the thunderstorm far exceeded the design criteria for the storm sewer
system. The design standards require that the drainage system be constructed to handle a 10 -year
storm event which is the standard for a community of this size. Second, substantial site grading
performed by the developer, Mel Kurvers, during late August, 1993 in which vegetation was
removed and erosion control measures were not employed resulted in plugging a series of catch
basins. This eventually created flooding downstream in the low point, of the street.
•
The City's Public Works crews were out on several occasions to clean the neighborhood streets.
The City's crews did redeposit some of the material back onto your lot as well as the developer's
lot across the street. However, these are both sources from where some of the material had
originated from in the first place. I have enclosed a picture of your property showing erosion
into the City streets which contributed to the neighborhood problem. The storm sewers are now
functioning properly after the City has cleaned the storm sewer systems out. The cleaning of the
storm sewer system and street was at a significant cost to the City.
According to our files the grading of your property was not completed nor erosion control
measures employed within the second deadline of September 15, 1993. Pursuant to your request,
on October 15, 1993 I reinspected your property for completion of the site grading. On that day
I did notice the majority of the grading appeared to be completed. However, the rear drainage
swale still needed some minor shaping. At that time I also indicated that this drainage swale
would have to be stabilized with sod or erosion control blanket prior to the City releasing your
$1,000 escrow to insure that the drainage swale would maintain its integrity.
On October 26, 1993 I reinspected your property to find the site had been fully resodded and the
drainage swale appeared to be constructed in accordance to the approved grading plan.
Therefore, the only outstanding issue is payment of the $430 invoice for the installation of the
1
•
1
1
1 Mr. and Mrs. Don Goon
November 17, 1993
1 Page 3
I erosion control fence. I fail to see why the City should release the financial escrow for the
grading until the City has received payment of the $430 invoice for placement of erosion control
fence. It may be construed that the City is using your escrow account as leverage to resolve the
I neighborhood development problems; however, the fact of the matter is the City is simply
enforcing the development contract in an effort to protect our natural resources. If you have
further questions regarding this matter, please feel free to contact me.
I Sincerely,
"1 CITY OF CHANHASSEN
/�'
I David C. Hempel
Assistant City Engineer
I DCH:ktm
1 Attachments: 1. Kurvers Point 2nd Addition development contract.
2. Notice to applicants for building permits dated September 8, 1992.
3. Photograph.
I
c: Mayor Don Chmiel
I Don Ashworth, City Manager
Charles Folch, City Engineer
Mike Wegler, Street Superintendent
1
1
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1 to
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• ---- i INVOICE /41,-, _
S TRGAR - RO SC O E - FA C. (612) 475 -24(612) 475 -
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it
�I Suite 150, One Carlson Pa kkwa N. Mi olis, M 7 443 :.
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ec? kir
Refer to File: 0931927
Invoice No: 1
Invoice Date: 10/31/93
Mr. Charles D. Folch, P.E. II
City Engineer
CITY OF CHANHASSEN II 690 Coulter Drive
Chanhassen, MN 55317
re: COUNTRY SUITES HOTEL EXPANSION 1
CLIENT PROJECT NO. 93 -24
II
Summary of professional engineering services rendered during October:
Total Labor and Overhead (See attached) 160.00 II.
Total Direct Non - Salary Costs (See attached) 0.00 II
TOTAL AMOUNT DUE THIS INVOICE 160.00
66/ -434
141,0. i0 g 0 P
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CowNtr S�....AS //Ja.r
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II W.R. ENGELHARDT ASSOC. TEL No.612- 448 -8805 Nov 23,93 14:37 No.0003 P.02
4.4 fe,
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1 November 23, 1993 t,,l.; a c �►Q ` bZ
Ms. Pat Karczcwski
7054 Red Cedar Cove
1 Excelsior, MN. 55331
RE: Final Restoration of Red Cedar Cove Property
Dear Ms. Karczcwski:
It is my understanding after talking with the City of Chanhassen,
that your landscape committee will be locating and indicating tree
' types for your property. In order for the restoration to take
place the fine grading will be completed this year, weather
permitting, and tree planting to follow.
The area disturbed will be sodded in lieu of seed as soon as
possible in the Spring.
1 Regarding the grading, the area is simply too wet to achieve 'a
smooth surface prior to sodding. The amount of grading is really
minor for a contractor to complete, but the soil conditions have to
be right to get a good job.
please use the list of trees furnished for your tree selection and
' they will be planted in the locations you indicate.
Please feel free to call me with any questions you have; we do want
to complete this work to your satisfaction.
Very truly yours,
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
William R. Engelhardt
WRE /las
xc: Mayor Chmiel
Mr. Don Ashworth
1
eerrJ - /1/4/4.
CI TY OF
i
t, CHANHASSEN
6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I
(612) 937 -1900 • FAX (612) 937 -5739
c- e
MEMORANDUM D ,14,s s 4 e 1 4
/
TO: Members of the Planning Commission � Y ) w, e u-e —
FROM: Paul Krauss, AICP, Director of Planning /l`; 3 /93
DATE: November 18, 1993 ,
SUBJ: Review of the Highway 5 Plan - Schedule
As many of you are aware, the City Council has become frustrated that we have been unable to
complete our review of the Hwy. 5 Plan. We have pointed out that this is due to your unusually
1
high work load. We have asked them to consider having the Commission clear several agendas
to get the review work accomplished and the plan delivered to the Council by February 1, 1994.
Assuming they give their approval, I have established the following schedule of meetings: ,
Saturday, December 4, 8:30 -11:00 Tour of the Corridor (you will be receiving '
additional info on this).
Wednesday, December 15 at 6:00 A special meeting devoted to the plan review will . ,
be held in lieu of the regular Commission meeting.
Dinner will be provided.
Wednesday, January 12 at 6:00 A special meeting will be held to continue the
review of the plan if needed. This is an off
Wednesday.
Wednesday, January 19 at 7:30 A regular Commission meeting will be held with the
sole item being the required Public Hearing on the
Plan and related documents.
1
HUB= 25 '93 n3: 29PM LUNDGREN BOS. CONST. 'rte r T.I. P. 2. 4 I '
tvdu+�,ja- H6UUa
,u nc�
I —7i7 , i = i_
u►l u, rne bul;oer5 D,
I National Housing Center • 1201 15th Street, N.W.
�,f;
Washington, 0 C. 20005.2800 • (202) 822-0254 . - ,:...„. . E
1 NOTE TO E0: A copy of this news release has been sent directly to your local newspapers.
1
FOR IMMEDIATE RELEASE CONTACT: Cynthia Adcock
1 (202) 822 -0450
I COURT DECISION DEMONSTRATES COMMON SENSE
APPROACH TO WETLANDS REGULATION, BUILDERS SAY
I WASHINGTON, August 5 — A recent
gu U.S. U S. appellate court ruling underscores
I the need for federal legislation proposed by Rep. Jimmy Hayes (D -La.) that would
categorize wetlands based on their environmental value, according to J. Roger Glunt,
I president of the National Association of Home Builders.
Glunt was referring to the July 19 decision by the Court of Appeals of the Seventh
1 Circuit, which ruled that the Environmental Protection Agency had no justification for
fining Hoffman Homes, Inc., a suburban Chicago home builder, $50,000 for filling and
' grading a small isolated wetland without a permit. The EPA had claimed that the
depression collected rainwater and was used by migratory birds.
' "It's a common sense derision by the appellate court," Glunt said. "The court
found that the EPA went well beyond what would be considered reasonable and
1 practical in fining the developer $50,000 based on some far - fetched migratory bird
theory. If we had a good system for sorting out what differentiates a significant wetland
1 from a marginal or environmentally insignificant wetland, this case never would have
seen the light of day and American taxpayers would have saved millions of dollars in
1 litigation costs."
1 - more -
I - •
"Housing Makes a Difference"
HU= E5 '9=; 03 :3OPH LUNDGREN BOS. CONST. P.3 4
-2 1
The case arose when Hoffman Homes attempted to develop a subdivision in the
Chicago suburbs. On the site was a small, clay -lined depression located hundreds of feet
from the nearest body of water, with no connection to any surface or groundwater. '
However, due to the clay lining, rainwater collected in the depression.
The EPA had asserted jurisdiction over the 0.8 acre wetland based on its potential
use by migratory birds and ordered the developer to pay a $50,000 fine for filling and
grading the area without a permit, as required under Section 404 of the Clean Water Act.
The Court vacated the order to pay the fine in its recent decision, finding that there was
"no justification whatsoever" for "interfering with private ownership" in this case. The '
Court rejected the EPAs's attempt "to expand goverrunent control beyond reasonable and
practical limits." '
Among other findings of the Court in this case are the following:
• The government must establish that an isolated wetland could have an ' .
effect on interstate commerce in order to regulate it; and
• The government failed to establish the required effect on commerce in this 1
case based on its theory of potential use by migratory birds.
In the Seventh Circuit's original opinion in this case, issued April 20, 1992, the
court held that the EPA may not assert jurisdiction over isolated wetlands under Section '
404 of the Clean Water Act. That opinion was vacated in September of 1992 when the
court anted the government's petition for a rehearing of the case.
l�' g
This latest decision, while not as broad as the original, clearly indicates that in
asserting jurisdiction over isolated wetlands, the government may not attempt to
x
" and government control beyond reasonable or practical limits."
ep g Y P
- more -
1
02S1F'P1 LUNDGR'EN BOS. CONST. P.4 4
1 3-
Glum said NAHB had provided financial support for the Hoffman battle. "'This
is exactly the kind of ruling we hoped for, something that most reasonable people would
agree with. I think the best comment of all on this case came in the actual court ruling
to the effect of — not every April shower does a wetland make."
1 The Hayes bill, H.R. 1330, would provide a more balanced approach to wetlands
protection. It would reduce adz:inistrative gridlock by giving the Corps of Engineers
' sole responsibility for the program. It would protect private property rights by ensuring
1 that landowners are compensated when they are left with no economically viable use of
their land. It would also revise the definition of wetlands, so that a wetland is a land
' that is saturated at the surface during a growing season, thus malting wetlands more
1 easily identifiable for the landowner.
44# NS33 -93
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fiY.O 10-- 15
ec "
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
�tnuol/on� enzinee44
1107 HAZELTINE BOULEVARD
CHASKA, MINNESOTA 55318
(6121 448 -8838 1
November 24, 1993
Dave Hempel 1
Red Cedar Point
3707 South Cedar Drive
Excelsior, MN. 55331
RE: Regulation Signs Along Minnewashta Parkway
SAP No. 194 - 111 -01 1
Dear Mr. Hempel:
As part of the reconstruction of Minnewashta Parkway to State Aid
Standards, street and informational signs are to be installed on
the parkway to meet the Uniform Traffic Control Standards for the
State of Minnesota.
Under Article 2B -13, Location of Speed Limit Signs, states that
speed limit signs are required, by law, to be located at all points
of change from one speed limit to another (,such as T.H. 5 and 7 to
Minnewashta). Additional signs shall be installed beyond major
intersections and at other locations necessary to remind motorists
of the limit that is applicable.
Therefore, the speed signs and other regulatory signs installed
along Minnewashta Parkway conform to these requirements and assist
the sheriff's department in the enforcement of speed control.
If you have any additional questions regarding the installation of
regulatory signs please call.
Very truly yours,
Y Y Y
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
CM' 111
V jJ
/
William R. Engelhardt Way 9 199
WRE/las El,rr f t = . - a
taiirLZ xc: harles Folch, City of Chanhassen
; w. r
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City of Golden Valley •
November 23, 1993
' Mr. Paul Krause
Director of Planning
City of Chanhassen
P.O. Box 147
' Chanhass n, M 55317
Dear Mr. use:
' On behalf of the Minnesota Chapter of the American Planning Associa-
tion I want to thank you for your participation and contributions to
"Planning for Community in the Twin Cities" seminar. I have only
' heard positive comments about the seminar. The comments and informa-
tion brought out by the speakers and panelists challenged planners to
always consider how planning decisions will affect social equity and
that planners should find ways to be as inclusive as possible in the
planning process.
Thanks again for your help in making "Planning for Community in the
Twin Cities" a successful program. Mn APA looks forward to helping
planners and others make social equity a priority in the planning
process.
Since ely, de
Mark W. Grimes, Chair
' Program Committee
MWG:mkd
' RECEIVED
NOV 291999
' CITY OF CHANHA:.t3t,y
A
' Government Center, 7800 Golden Valley Road, Golden Valley, Minnesota 55427
(612) 593 -8000 Fax (612) 593 -8109
. Otto G. Bonestroo. P.E. Howard A. Sanford. PE. Michael P Rau. P.E. Mark 0 Warns. P.E.
inj Bonestroo Robert W. Rosen. P.E' Keith A. Gordon. P.E. Philip J. Pyne. P.E. Miles 8. Jensen. P.E.
Joseph C. Anderlik. P.E. Robert R. Pfeffer le. P.E. Agnes M. Ring. A.I.C.P L. Phillip Gravel In. P.E.
Marvin L. Sorvala, P.E. Richard W Foster. P.E. Thomas W. Peterson. P.E. Karen L. Wiemeri. P.E.
Rosen Richard E. Turner, PE, David 0 Loskota. P.E. Michael C. Lynch. P.E. Gary D. Kostofitz. P.E.
• Glenn R. Cook. P.E. Robert C. Russek, A.I.A. James R. Maland. P.E. F Todd Foster. P.E.
vl Anderlik & Thomas E. Noyes. P.E. Jerry A. Bourdon. P.E. Jerry D. Perasch, P.E. Keith R. Yapp. PE
Robert G. Schunicht. P.E. Mark A. Hanson. P1 Kenneth P Anderson. PE. Douglas J. Benoit. P.E.
A ssociates sown M. Eberlin. C.P.A. Michael T. Rautmann. P.E. Mark R. Roils. P.E. Shawn D. Gustafson. PE.
`Senior Consultant Ted K. Field. P.E. Mark A. Seip, P.E Cecilio Olivier, PE.
Thomas R. Anderson. A.I,A. Gary W. Morien. P.E. Charles A. Erickson
Engineers & Architects Donald C Burgar t. P.E. Daniel J. Edgerton. P.E. Leo M. Pawelsky III
Thomas E. Angus. PE. Allan Rick Schmidt. P.E. Harlan M. Olson
Ismael Martinez. P.E. Philip J. Caswell P.E. James F Engelhardt
pail( I- . il
November 18, 1993 Al alJakb4i
67,0/ P / 44e l t
CITY OF 4F� Fis,.'.
Charles Folch �r array" rj 4
City Engineer UUIuL� 1, L , LI
City of Chanhassen 1 ,,
PO Box 147 �`� �� ; i��3 I
Chanhassen, MN 55317 ENGINEERifit DEPT
Dear Mr. Folch: _ 1
The October 30 edition of the Minneapolis Star Tribune contained an article entitled "Houses,
Trees are Lost to Runoff in Woodbury" which discussed the creation of Bailey Lake. While this
article was based on some facts, the conclusions drawn present a complete misrepresentation of
the actual situation. Without the negative "spin," we believe the article would have been better
titled "Sound Advanced Planning Makes Woodbury Technically and Financially Fit for Runoff
I
Generated by New Development."
Because a number of our clients and other friends have asked about the article, we have prepared 1
the attached summary of the history of Bailey Lake, up to the present time. In this summary,
you will fmd that:
I
* The creation of Bailey Lake has been planned for 15 years
* The houses "lost" were actually purchased by the City as part of a phased plan for the
creation of Bailey Lake
I
* Because of sound advanced planning, the City of Woodbury has accumulated
approximately $1,500,000 in funding for joint improvements required downstream of '
the Bailey Lake outlet in Cottage Grove
* The trees "lost" were on a City-owned easement purchased several years ago for the
creation of Bailey Lake ,
* The highest water level reached on Bailey Lake was three feet below the established
100 -year high water level and nine feet below the lowest structure elevation in the
adjacent development. There has been no damage to private property. I
* The outlet for Bailey Lake was planned for the mid- 1990s, but the extreme rainfall
events this summer (the wettest three - and four -month periods on record) accelerated
the need for the outlet's creation.
2335 West Highway 36 • St. Paul, MN 55113 • 612- 636 -4600 1
1
November 18, 1993
Page 2
Our firm believes in advanced planning for necessary improvements and in early establishment
' of the means to finance those improvements. The fact that Woodbury had the technical
knowledge and financial ability to successfully meet the Bailey Lake challenge is a testament to
our philosophy of thinking about the future of our clients.
As a matter of fact, our firm has done stormwater management and utility systems master
planning for quite a few other major metro area communities as well. So if you have questions
on infrastructure planning, please feel welcome to call either Robert Schunicht or Daniel
Edgerton at our office. We'd he happy to discuss your situation and your needs. Meantime,
please don't believe everything you read in the papers.
Sincerely, •
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC.
Otto G. Bonestroo
•
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Bailey Lake Chronology
1979 1
Storm Drainage PIan prepared by Bonestroo, Rosene, Anderlik and Associates is adopted 1
by the City. The preliminary design for Bailey Lake -- currently in a landlocked depression- -
is established.
1979 to Present
Lake during the platting process for land development.
City acquires easements for Bailey La g p g ment. p P
1988 1
Cottage Grove Ravine WMO Watershed Management Plan prepared by Bonestroo, Rosene,
Anderlik and Associates is published. It recommends purchase of land for Bailey Lake.
1990 1
City purchases easements for the creation of Bailey Lake. Construction of an outlet is
planned for mid -90s.
January, 1993 1
City begins process to rebuild Dale Road above Bailey Lake's high- water -level (HWL), a
road that has been flooded in the past but which has only recently been reached by
development.
May- August, 1993 1
City receives 18.35 inches of rainfall. Bailey Lake rises to elevation 874, three ft. below
HWL. The City's schedule for providing the lake's outlet is accelerated.
September, 1993 1
City begins process to construct the outlet. Preliminary engineering feasibility report is
completed by Bonestroo, Rosene, Anderlik and Associates. Approximately $1,500,000 has
been collected over the years in a special fund to construct the required downstream
improvements. 1
" (over) 1
1
1
1 September, 1993
Bailey Lake water level begins to fall. Current water level is elevation 872. Meetings with
DNR reveal conflicts among DNR personnel on where the Lake's HWL should be set.
1 October 30, 1993
. Minneapolis Star Tribune article is published.
Fall, 1994
1 Completion of the outlet construction is projected.
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CITYOF
0 4:14 3 4 CHANHASSEN
6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 '
12/1/93
•
Mike Wegler -
Street Superintendent ,
Dear Mike,
Last year the City spent $300 per week to provide dumpster service at our compost site. This '
year, due to an oversight, we neglected to order the dumpsters. As a result, significant amounts
of brush accumulated at the site. When we sought bids to properly compost and dispose of the
materials we found the costs would exceed $3,000.
When this matter was brought to your attention you noted that City trucks are normally used to
haul sand from a pit in Carver. Since they .travel there empty you offered to transport the
material to the composting site nearby. The total disposal cost was lowered to $500, far less then
estimated and considerably less then the operation has cost in previous years. 1
I want to take this opportunity to recognize your work. It is indicative of the cooperation we
have had from you and your staff on a number of other matters as well such as the SW MP
program. Thanks for your efforts. They have not only saved the City a considerable sum of
money but also made this a better place in which to work.
ly,
aul Krauss, AICP
Director of Planning
CC: Charles Folch, City Engineer
Don Ashworth, City Manager
Mayor and City Council
plan\pk \wegler.e '
1
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12/01/93 13:40 $612 452 5550 CAMPBELL KNUTSON - 4 - ' 9 CHAN. CITY HALL 0002/002
1 �`°°" T `
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
(612) 452 -50_,
R. ■ Knua.rn
U T !i,,n•-r \1 ti;t tt
Gar) G ; t:c:
bows
R. ' R. W tHr
Ei!:ua B Knet.sc h December 1, 1993
Eli= ahct!1 A. Ulmer
AnJrc,t N1c1 ime.1 r Kehler
,
I VIA FACSIMILE TRANSMISSION-
I Mr. J. E. Brill, Jr.
Siegel, Brill, Greupner
& Duffy, P.A.
I 1300 Washington Square
100 Washington Avenue South
Minneapolis, MN 55401
II -
Re: Moon Valley Aggregate, Inc.
vs. City of Chanhassen
Court File No. 90 -27099
I Our File No. 12668/201
Dear Mr. Brill:
This letter is in response to your November 30 to 1�5
correspondence concerning the restoration of the property
to 1 slopes within 100 feet of the property line.
II As we discussed, if your client accepts the legal "fence
description line as the north boundary as opposed to
line ", we would be willing to consider agreeing to an extension
II 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
II available to him.
Under no condition will we agree to the fence line as the
1 boundary between the two parcels.
I Best egards,
C BELL, KNUTSON, SCO T
S, P.A.
2//e 1.- 1
B y:
1 TMS:rlt Thomas M. Scott
cc: Mr. Paul Krauss (via fax)
?itc 317 • Eagandai: Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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.. 1 UCF-e (SCAO 6/92) • Minn. Gen. R. Prac. 514
Judgment and Notice of Judgment 0
State of Minnesota CAA u Conciliation Court
I COUNTY Q7 JUDICIAL DISTRICT CASE NO. D
CARVER FIRST S6 -93 -580 m
z
I ' NAME AND ADDRESS NAME AND ADDRESS O
Mark D. Halla _ -
•
*' Pr ar
770 Creekwood .x
•
• zZIP II , Chaska. MN z w 5 5 __
I
NAME AND ADDRESS • NAME ONO ADDRESS - .
City of Chanhassen - ° ° -- ':1 'h • T VII(sutsiky • • ,, •
'' '..r. "-:3"'t - -14 7 , . • ' ; -
` - haINhaf3 Se - ri Public " =Safety Officer
690 Coulter Dr, P.O., -,Bo _ , ;;_ ,9n; - r ' nil = Fop °:fi:'�'ix 147 -
- }. :v.:•_ �. "e' s..ir n
1xtO> tO t faiata dice iii : . 0 ='- t.� +wQii Z5311
Chafthassen, MN X 17 i.o. r,r, ion :ro.ua :t- -bno•t '_,.,-: ;t-_• --;i Ftin idebtrit
• Appearances: Pialntiff 'Defendant t'Neitt er•Paity: t . -Contested 2 Default : _
j; i j: ', _.. . -t I ;(i. "wr'Ci:-. „ii ioQ'1.''3: ?_�T - 1 iiSgV.ef-. .i � r
{ .�.<= v L.:
1 _ t. .- _ .
_ . Upon evidence received, IT IS HEREBY>ORDEREDroe! � 'f tort'e'g fi -e 1 � ?If e''. ne:t;� _ 3 t . ' ` - , . '
_ . . . , -, - , - ,.,:,:jk..;015.).3.1-41, '-::._-.„..- .i .,-,,•.:::,;:. 4 , z i.L. . :,1. ;i :
r. l / - - •. .', f J , _ 1 'S ill ?s ci a .., . Tii'.r.,` - .:. - T. -
ORDER
JUDGMENT �/ .i /t :. / , _.1 b:..---_ - _ : - 3!4- t£' ^. 21 s: • oolii*a :-
�`` .!, _ - _That. he , . _ - 7 -?.- / Z , - . ,. .1 „en titled. to dgment_ against- :the` ; - .
FWD � : -
� M t t x �' anthesu of $* ' �.r L,°� / . 9i pl filing fees -
. ,-,...L-e. . disbursemeitts of $ ` r "� P ` ` or atotai of$ -- --' - . - -
-1 . ' A- . :1,— ? 4 : V '-..Z3 - Mr, , ;, _ RECEIVED
. . 11, 1:-,..4t ..`. _ _ , i::. Ice Yi'E 'i.,e =-`` , i ins 3 7.,-, ' ' - U � i •% , .
- . - ..
_ •t-, f . :;i L: ; tur _ :-AI .bei:: ° .. " E Esa'-p Y.4 0 3 1993.
- 6 . 10- f. - Y i CA Z . VA ru: [L TY.eisae3-, � i.: T' V
- . , fti�. sns s e A*3 tiii: .#!'sti:, -, . CHA • k :t'
// �� `/� Judge: I it. /'r ,1 "4 --/1°7
Dated: � _, _ _ = • ,.
Pursuant to the Court's Order for Judgment herein, R IS HEREBY ADJUDGED: that the./ , p1 a 41,-;+- ' f - '
: ^j • 00•x; ^ .�:, pJus'flU fees
have and receive from the T?afPnAant {a�j r_�,� of i
1 _
$ 0 0 , and disbursements of $ for a.totai_of $ 1 ::'' . 011 , - f' tr1Q.:.•,'r -: 5 . .,..' _"' =Al.i � �.
r 1• . •• pet• 61 k/'ls+ � ., , � 1.
JUDGMENT y 7? ors„:
' Court Administrator A ; i � �, .r � = ti t. , •:�-
Dated: - 12 -2 -93 .Deputy r4% GIl /LP!�� /�� ' ' 4 ,
The parties are hereby notified that Judgment has been entered as indicated above, but the J , • gment_is stayed bXatatute+xltil /.'4. , r=f
ner.PmhPr 22. 1993 4 :30 ` ' p.m:(toall• timeforanappeal%ei yal :'
DATE TIME - - cstai`3SC ti..0.,!} 1iuo _��
r: '`t ...,.- a• ''ct - 1
NOTICE
oP Notice: If the cause is removed to district court and the removing party does not pre • • • • sing will be avrard $25Q,ae
JUDGMENT Court Administrator `
Dated: 1 ? — ? — q 2 Deputy _ / /G%7441
-
1 certify that the above is a correct transcript of the Judgment entered b this Court. i=ds:° ►' 1, - -
TRANSCRIPT kiS T •• ~ _ .;.�;.:.._. ° +..
OF Ate =.
JUDGMENT
CouR Admini^trator -; '° �::. r °,.' , y. - --:. -:” ° "`
Dated: S - PY "' 4I
ammo/ : .
III - -- - -- - • - r . , �'^'� r n ^IMPORTANT IN STRUCTIONS
CITYOF 1-
11010 CHANHASSEN 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
(612) 937 -1900 • FAX (612) 937 -5739
ik
1
December 6, 1993
1
Mr. Al Beisner
I
Beisner, Ltd.
6100 Summit Drive North
Brooklyn Center, MN 55430 1
Dear Mr Beisner-.
I received a copy of your December 3 letter where you raised concerns with the proposal to build a flat- roofed 1
building for the Byerly's store. You indicated that you may want to come back before the City Council to have the
condition waived that you install pitched roof sections on the Abra and Goodyear Buildings you are constructing. ;
First of all, the proposed Byerly's building will be constructed of several types of brick, and incorporate extensive
detailing, varied roofline, screen walls for loading areas, and an enclosed mezzanine for HVAC equipment. The
proposal also has a very extensive landscape plan and meets the criteria of the new parking lot ordinance and I
proposed Highway 5 Corridor Overlay District. Additionally, as a builder, I would expect you to understand the
impossibility of putting a pitched roof on a large box building such as this. In my opinion, the quality . of
construction is, without a doubt, far beyond anything you proposed on your site and the Byerly's was held to a higher
I
standard.. I am fully comfortable with the design, as was the Planning Commission who recently recommended its
approval.
As for your coming back to the City to request a review of your approved architecture to eliminate the required roof
I
systems, you are of course permitted to do so. I can schedule you for one of the Council's January meetings. I
assume that you would also propose to upgrade your building materials and site plan accordingly. Additionally, since
you have put us on notice of the proposed change in your building design, I cannot in good conscience authorize I
the release of any building permits beyond the foundation stage. I have directed the Public Safety Department that
no further permits are to be released until this matter is resolved.
Sincer .7
1
E .(.. — 6.e. <--_.._______
Paul Krauss, AICP
Director of Planning
pc: City Council 1
Sharmin Al -Jeff, Planner
Steve Kirchman, Building Official '
plan'pklbeisner
1
1
11
11
1
1
' December 3, 1993
1 Chanhassen City Council
and Planning Commission
690 Coulter Drive
Chanhassen, MN 55317
' Dear Members of the Council and Planning Commission:
It has just come to my attention that the City of Chanhassen appears to
be on the verge of changing its design standards.
As you know, I recently completed an extensive process with your City for -
approval of Goodyear and Abra facilities. Because of delays in closing on
,1 the land, construction of the site improvements have just begun. Construction
of the buildings has not yet started.
During the process for approval of a Conditional Use Permit for my sites,
my plans were thoroughly scrutinized by staff, by the Planning Commission
and by the Council. At each step many changes in design were made to ac-
commodate your wishes for the buildings to comply with a design standard
which included pitched roofs and the use of brick exteriors. We agreed to
all of the requirements and until now have intended to construct the build-
ings in accordance with the approved plans.
However, I now understand that serious consideration is being given to a
brick, flat roofed facility that will house a grocery store, several retail
shops and a free - standing building. (Although I have not seen the elevations
' for the free - standing building I assume it will match the proposed architecture
for the grocery and retail strip building.) Among the design elements I
noticed is a straight, flat roofed wall of over 150 feet immediately adjacent
to Kerber Blvd. and which is shielded only by deciduous trees.
Given the concern that was expressed over the relatively short span of
building walls which were perpendicular to Highway 5 in my project, I have
to say that I am also wondering if your standards with respect to this
aspect of design have changed as well.
BEISNER LTD.
RECEIVED
6100 Summit Drive North
Brooklyn Center, MN 55430 DEC (r 6 1993
(612) 560 -0246 CITY OF CHANHASSEN
Fax 560 -5089
1
Chanhassen City Council
December 3, 1993
Page Two
1
1
Since construction has not yet started on my buildings and assuming the
above - referenced project is approved, I am currently giving serious con-
sideration to a request of a review of the requirements imposed upon my
development. The cost savings to me would be considerable if I too could
comply only with the requirements imposed on this development.
Yours truly, 1
L. A. Beisner
1
1
1
1
1
1
1
•
1
1
1
1
1z /1 o e
Publicor Inc. . p
1 512 Crown Roller Mill (612) 341 -3646
105 Fifth Avenue South FAX (612) 341 -4148
Minneapolis, MN 55401
MEMORANDUM -
TO: Bob LindaII
'
•
FROM: EJR 4/2-'
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 concem 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.
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
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 Toli 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 Califomia 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
1
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 1
URS N/A
Wilbur, Smith & Associates Ed Regan
Vollmer Jerry Neilsten
Wilbur, Smith completed the Califomia 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 $100,000 or more.
Because a toll facility would alter the design of Highway 212, it is suggested that MNDOT, as part of the
design study, include a toll facility option. To conduct the study, MNDOT could use some of the federal
demonstration funds to engage one of the firms to conduct a revenue analysis. The Coalition should be
involved in this process - consultant selection and study design.
Highway 212 Fact Sheet MNDOT has conducted numerous activities regarding Highway 212. To enable
an analysis for a possible tollway, the Coalition and MNDOT need to develop a fact sheet that updates the
status of, at least, the following:
1
• acquisition of right -of -way (cost, amount completed in number of parcels)
• design and engineering for all phases (contractor, schedules)
• amount of project costs for
acquisition
design and engineering
construction
• status of federal demonstration funds
Coalition - MNDOT Relationshio The Coalition should meet as soon as possible with MNDOT senior staff
to discuss the toll facility process. The agenda could include the following:
1
• process for toll facility project
• Request for Qualifications 1
Request for Proposals
Schedule for documents
• Legislative amendments (if needed)
• Revenue Analysis for 212 project (funding, design)
• Role of MNDOT in 212 project
• Financing
Dept of Finance role
Use of ISTEA
other
• Other
Upon your review of this memorandum, please contact me with your comments and suggestions.
CHANHASSEN H . R . A . ACCOUNTS PA rA131 E 12-13-93 PAGE 1
CHECK # AMOUNT CLAIMANT PURPOSE
1
048784 2,298.00 THOMAS ZWICKEL JR SPL ASSESSMENT PAYMENTS
_ tt •
048785 16,110.66 AMERICANA COMMUNITY BANK SPL ASSESSMENT PAYMENTS
_Q48786 32,1109,00___ROPERT'$ spL_AssEssmgmT_
PAYMENTS
3 51,217.66 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING
_ 1
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Hoisington Koegler Group Inc. RECEIVED
; w 1993
H CITY
Ut or tnw��
1
November 29 1993
To: Paul Krauss, City P er
From: Michael Schroeder .
RE: Transit Hub/Legion Site Development; meeting with Diane Harberts, Southwest Metro
Transit
The concept site plan was revised before meeting with Southwest Metro to provide more parking
on the "transit hub" side of the site, and to show a potential for additional parking if a variance to
the Highway 5 design standards is granted. A revised copy is attached.
Fred Hoisington and I met with Diane Harberts of Southwest Metro Transit this morning to review
the concept for the Transit Hub/Legion Site development. While she could not commit to a transit
facility on this site, she did have several comments that would make the concept more workable for
Southwest Metro. Her comments regarding this concept are as follows:
1 Southwest Metro is looking for a facility to accommodate 400 to 500 cars. They may not
require all of this to occur on a single site, but a system analysis (to be completed by early
January) will determine if this site could accommodate their needs with less parking.
2 Diane indicated that they will need to maintain visibility to the site, and that the landscaping
•
along Lake Drive would have to be shorter to permit surveillance of the site from the street.
They may want to develop this area with a landscape treatment that is similar to their transit
facility in Chaska, with fences and low landscaping. We pointed out that this may be in
conflict with the proposed Highway 5 Design standards.
3 Southwest Metro would like a "slip lane," or access directly to the site from eastbound
Highway 5. We will investigate to see if this is possible, given grades between Highway 5
and the transit hub area. The extension of Lake Drive between Great Plains Boulevard and
Market Boulevard, creating a new route from the downtown transit facility, may preclude the
need for a slip lane.
4 Diane would like to have the maximum parking possible shown, even if a variance would be
required. In the revised concept plan, the 48 spaces along Lake Drive would be shown as a
part of the total from the start.
5 This site may need to accommodate layover for large buses, although Southwest Metro is
looking at options for a layover facility.
6 Pedestrian access to the transit hub site from the neighborhoods to the south should be
shown. Diane would also like to show a location for a "mini- stop" for small buses at the
south side of the site. The mini -stop would function as a stop for a local circulator,
providing more "door -to- door" service in downtown Chanhassen. The circulator might use
more trolley -like buses. The mini -stop should accommodate bicycle parking.
8 Diane requested that we study options for a bus stop closer to the proposed
Restaurant/Legion, directly off of Highway 5 (without any access to the remainder of the
site).
9 In order to reinforce the use of parking area when transit is not used, Diane suggested that we
Land Use / Environmental ■ Planning / Design
7300 Metro Boulevard / Suite 525 ■ Minneapolis, Minnesota 55439 ' (612) 835 -9960 • Fax: (612) 835 -3160