9. Appointment to HRA I - CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
uTO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager ;
DATE: June 19, 1991
SUBJ: Appointment to the Housing and Redevelopment Authority
The term of HRA Commissioner Charlie Robbins expired on May 31,
' 1991. Under the Minnesota Housing and Redevelopment Authority Act,
the Mayor is responsible for appointing a commissioner to the HRA,
with City Council approval, for a five year term.
' Mr. Robbins has requested that he be reappointed for another term.
Another option is to advertise in the local newspaper, which the
Council has done in the past.
' Attachment
1. HRA Attendance Record.
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Update (7-17-91) : On June 24, 1991, the Council directed staff to
' advertise the HRA position in the Chanhassen Villager. As of this
date, no applications have been received. Commissioner RoI ins is
interested in reappointment.
Todd Gerhardt
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HOUSING AND REDEVELOPMENT. AUTHORITY
ATTENDANCE RECORD '
* No Meeting
X Present'
A Absent - •
1990
' May
Jan Feb Mar Apr 7&17 June July Aug Sept Oct Nov Dec
Cliff Whitehill • X * A X A
Jim Bohn X * X X X X X X X. X * X
Clark Horn X * X X X 'X X X X X * X
Charlie Robbins X * X X X A A X X X , * X
Tom Workman X * X A. X X X A X X * X
Don Chmiel X X X X X * X
1991
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Clark Horn - X X • * X X
Jim Bohn X X * X X
Don Chmiel A X * X X
Charlie Robbins X A * X X
Tom Workman X X * X A
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News briefs
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HRA seeks
1 new board
member
1 The city of Chanhassen currently
has a vacancy on the Housing and
Redevelopment Authority(HRA).
The HRA initiated the current
1 downtown redevelopment project,
reviews development proposal, ad-
ministers the tax increment financing
district and special assessment-reduc-
tion programs. The commissioner
currently holding this position is
seeking reappointment.
• - The HRA meets the third Thurs-
day of every month at 7:30p.m.in the
city hall council chambers. Those
interested in serving on this board are
requested to contact city ball for an
1 application by July 18, 1991. For
additional information,contact Todd
Gerhardt at 937-1900.
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• I would like to amend the agenda on Monday
CAMPBELL, KNUTSO evening to include discussion of the Moon
Valley project under the Administrative
=� Attar
Presentation section of the Agenda. Roger
Knutson and I will update the Council at
Thomas J. Campbell that time.
°_. Roger N. Knutson
Thomas M. Scott Paul Krauss
Gary G. Fuchs - -
James R. Walston - .
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Elliott B. Knetsch • ' July 161 1991
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District Court Administrator -
Carver County Courthouse . ` .
• 600 East Fourth Street
Chaska, MN 55318 ,, -
Re; Moon Valley Aggregate, Inc:
. 7:t.. . Vs. City Of Chanhassen: ' ._ ' = •
Our File .No. 12668/201 . ;;•. _ _ , - _ _
Court File No. 90-27099 . _ - _ - -
Dear Sir/Madam: ,- - ,-
1! - Enclosed for filing in connection with the above-entitled ._
matter are defendant's Notice bf Motion and Motion, Affidavit of
Thomas M. Scott and proposed bider, . .
Very truly yours, ----.:: : : --- -
CAMPBEL , KNUTSON, SCOTT ,
a FU -` S,- .P.A. _ . -
A B �� ;
4 TMS:rlt om, ' Sr�.
Enclosures n-, »
cc: Mr. Paul Krauss
}
Mr. Don Ashworth , _ - _w . "
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Yankee Square Office III • Suite`202 • 3460 Washington Drive • Ewan, MN 55122" -_
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
' Roger N. Knutson (612)456-9539
Thomas M. Scott Fax (612) 456-9542
Gary G. Fuchs
James R. Walston
' Elliott B. Knetsch
July 16, 1991
Mr. Gerald S. Duffy and
' Mr. Anthony J. Gleekel
Siegel, Brill, Greupner & Duffy, P.A.
Attorneys at Law
100 Washington Square, Suite 1350
Minneapolis, MN 55401
Re: Moon Valley Aggregate, Inc.
' vs. City of Chanhassen
Court File No. 90-27099
Our File No. 12668/201
Dear Messrs. Duffy and Gleekel:
Enclosed and served upon you by United States mail are
' defendant City of Chanhassen's Notice of Motion and Motion,
Affidavit of Thomas M. Scott and proposed Order.
Very ' ruly yours,
C• •B -, NI TSON, SCOTT
/F 'HS P.A.
;y:
' Thomas M. Scott
' TMS:rlt
Enclosures
cc: Mr. Paul Krauss (w/enclosures)
Mr. Don Ashworth (w/enclosures)
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Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
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STATE OF MINNESOTA DISTRICT COURT I
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 10/DECLARATORY JUDGMENT I
Court File No. 90-27099 -
Moon Valley Aggregate, Inc. , '
a Minnesota corporation,
Plaintiff, ,
vs. NOTICE OF MOTION AND MOTION
City of Chanhassen, '
Defendant. '
TO: PLAINTIFF MOON VALLEY AGGREGATE, INC. and its attorneys,
GERALD S. DUFFY and ANTHONY J. GLEEKEL, SIEGEL, BRILL,
GREUPNER & DUFFY, P.A. , 100 Washington Square, Suite 1350,
Minneapolis, MN 55401.
PLEASE TAKE NOTICE that on August 1, 1991, at 9: 00 o'clock
a.m. , or as soon thereafter as counsel can be heard, before the ,
Honorable Philip T. Kanning at the Carver County Courthouse, City
of Chaska, State of Minnesota, defendant will move the above-named '
Court for an Order directing that plaintiff immediately cease the
operation of its mining business.
This Motion is based upon all the files and proceedings ,
contained herein, including the Court's Order entered on April 25,
1991 and the accompanying Affidavit of Thomas M. Scott. '
Dated: July 16, 1991.
CAMPBELL ON, SCOTT 1
& FUC , P.A. ^
Al- jJhhi' fl
oma . Scott • 98498
Attornefs for Defendant
3460 Washington Dr. , Suite #202
Eagan, MN 55122
Telephone: (612) 456-9539
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
' CASE TYPE: 10/DECLARATORY JUDGMENT
Court File No. 90-27099
Moon Valley AcAregate, Inc. ,
a Minnesota corporation,
Plaintiff,
vs. AFFIDAVIT OF
THOMAS M. SCOTT
City of Chanhassen,
Defendant.
STATE OF MINNESOTA ),
) ss.
COUNTY OF DAKOTA )
THOMAS M. SCOTT, being first duly sworn, states as follows:
1. I am the attorney for the City of Chanhassen and make
this Affidavit in support of defendant's Motion for an order
' directing that plaintiff cease operation of its mining business in
the City of Chanhassen.
' 2 . On April 25, 1991, the Court entered its Order herein
requiring plaintiff to make application for an earth work permit
' within thirty days of the date of the Order, i.e. May 25, 1991.
The Order further provided that upon failure of plaintiff to file
' the application, defendant shall have the option to seek an order
' of the Court requiring plaintiff to immediately cease its mining
operations.
' 3 . Plaintiff Moon Valley has not filed an application for an
earth work permit. Attached hereto as Exhibit "A" is letter dated
June 5, 1991 from myself to plaintiff's attorney advising him that
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we would not seek an order shutting down plaintiff's business if
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the application, including all supporting documentation required by
the Ordinance, was submitted by June 30. Attached hereto as I
Exhibit "B" is a letter from attorney Duffy dated June 11, 1991 1
confirming that the application would be filed by that date.
4 . Plaintiff did not file its permit application by June 30.
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On July 15, 1991, I was advised by plaintiff's attorney, Anthony
Gleekel, that a preliminary plan of some sort would be presented to II
the City by July 31, 1991, with the actual permit application to be
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filed approximately ten days thereafter.
5. The Ordinance requiring this earth work permit was I
adopted on May 14, 1990. Existing operations, such as plaintiff's
business, had six months until November 24, 1990 to either obtain a II
permit or cease operations. After all these many months and in
spite of a Court Order specifically requiring that the application II
be filed by May 24, 1991, plaintiff has still not filed the I
application.
6. Defendant requests that the Court order the immediate I
closure of plaintiff's business until it obtains the necessary
permit to continue its operation. '
FURTHER YOUR AFFIANT SAYET///)
"1----) I
//17 lk4
Thomas M Sco
f•
Scott I
smAmmodommmmkmmAmmmovo
Subscribed and sworn to before me
th 's 16th day of July, " 991. OTARY P° I
�. "t NOTARY PUBLIC—MtNN A _
/
�; ti,= RAMSEY COUNTY
.� G �i� _ �. My cam. Oct. n,1996
,otar} Public II
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson (612)456.9539
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Thomas M. Scott Fax (612)456.9542
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Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
June 5, 1991
VIA FACSIMILE TRANSMISSION AND REGULAR MAIL
Mr. Gerald S. Duffy
Siegel, Brill, Greupner & Duffy, P.A.
Attorneys at Law
' 100 Washington Square, Suite 1350
Minneapolis, MN 55401
Re: Moon Valley Aggregate, Inc.
vs. City of Chanhassen
Court File No. 90-27099
Our File No. 12668/201
' Dear Mr. Duffy:
' As you know, pursuant to Judge Kanning's Order entered April
25, 1991, your client was to submit its application for an earth
work permit by May 25. The Order further authorized the City to
seek an order from the court requiring Moon Valley to immediately
' cease its mining operation if the permit application was not
submitted.
' We were recently advised that your client has retained John
Voss to assist him in the preparation of his application. Paul
Krauss advises me that Mr. Voss wants an additional four to six
weeks to complete the application.
' We will not seek an order from Judge Kanning at this time that
Moon Valley cease its mining operations if I receive written
' confirmation from you by this Friday of the following two things:
First, that your client has in fact retained Mr. Voss; and
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EXHIBIT "A"
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
. Mr. Gerald S. Duffy
June 5 , 1991
• Page 2 I
Second, that the application, including all supporting ,
documentation required by the ordinance, will be submitted to the
City no later than June 30.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT '
& CHS, P.A.
AO
By: /Y)
homas 2'i. Scott'
TMS:rlt
cc: Mr. Paul Krauss
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ILAW OFFICES
I SIEGEL, BRILL, GREUPNER a DUFFY, P.A.
FORMERLY
GROSSMAN, KARLINS,SIEGEL 6 BRILL
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RICHARD SIEGEL RETIRED
SUITE 1350
JOSIAH E. BRILL,.1 R. M. L.GROSSMAN
JAMES R. GREUPNER 100 WASHINGTON SQUARE SHELDON D. KARLINS
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GERALD S. DUFFY
WOOD R. FOSTER.JR. MINNEAPOLIS, MINNESOTA 55401 .
THOMAS H. GOODMAN ALSO ADMITTED IN WASHINGTON
MICHAEL A. HATCH TELEPHONE (612) 339.7131
K. CRAIG WILDFANG TELECOPIER (612) 339-6591
JOHN S.WATSON
WM. CHRISTOPHER PENWELL
SUSAN M.VOIGT
KATHLEEN A. CONNELLY June 11, 1991
STEVEN L. SCHECHTMAN.
ANTHONY J.GLEEKEL
SHERRI L. ROHLF
BRIAN E.WEISBERG
1 ROSEMARY TUOHY
Mr. Thomas Scott
Campbell, Knutson, Scott and Fuch, P.A.
I Yankee Square Office III
Suite 202
3460 Washington Drive
Eagan, Minnesota 55122
IRe: Moon Valley Aggregate, Inc. v.
City of Chanhassen
1 Our File No. 17236-D-001
Dear Mr. Scott:
I This letter is in response to your letter of June 5, 1991
and our recent telephone conversation. As I informed you,
our client has retained the services of Urban Planning and
I Design, Inc. and its principle, John Voss, to assist in
preparation of grading, phasing and end-use plans for our
client' s gravel mining operation in Chanhassen. It is my
I understanding that Mr. Voss has had at least two discussions
with Paul Krause and others employed by the City of
Chanhassen.
I We are currently anticipating completion of necessary
preliminary drawings in time for a permit application by
June 30 , 1991 . Mr. Voss advises me that his discussions
I with the City staff have resulted in a scheduled meeting the
first week of July to review the preliminary drawings. He
informs me that the City staff appreciates the need to move
with dispatch on this matter, but also understands that
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accurate data is preferable to trying to get too much done
too soon. In any event, our expectations are consistent
with a June 30, 1991 filing date.
III If you have any questions, please contact me.
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IEXHIBIT "B"
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Mr. Thomas Scott
June 11, 1991
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Page 2
Yours very truly, i
Ael°L-e(Q*49147)-6- 4-
Gerald S. Duff I
GSD:jah
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cc: Mr. Tom Zwiers
Mr. John Voss
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II,
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE: 10/DECLARATORY JUDGMENT
Court File No. 90-27099
' Moon Valley Aggregate, Inc. ,
a Minnesota corporation,
Plaintiff,
' vs. ORDER
City of Chanhassen,
Defendant.
The above-entitled matter came on for hearing before the
undersigned at the Carver County Courthouse in Chaska, Minnesota,
' on August 1, 1991, on defendant's Motion for an order directing the
' plaintiff cease any further operation of its mining business.
Appearing on behalf of defendant is Thomas M. Scott, Campbell,
' Knutson, Scott & Fuchs, P.A. , 3460 Washington Drive, Suite 202,
Eagan, Minnesota 55122 . Appearing on behalf of plaintiff is
Gerald S. Duffy, Siegel, Brill, Greupner & Duffy, P.A. , 100
Washington Square, Suite 1350, Minneapolis, Minnesota 55401.
Based upon all the files and proceedings contained herein,
' IT IS HEREBY ORDERED:
1. Plaintiff shall immediately cease to operate its mineral
' excavation and mining operation on any and all of its property
' located in the vicinity of 100 Flying Cloud Drive, between Highway
212 and Pioneer Trail within the City of Chanhassen; and
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2 . The Carver County Sheriff is directed to enforce the
provisions of this Order.
Dated: , 1991.
BY THE COURT: '
The Honorable Philip T. Kanning I
Judge of District Court
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