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ADMINISTRATIVE SECTION ' Correspondence re: Lowell Carlson Contractor Yard. Letter from Ray Nordine dated November 14, 1989. Letter from Fred Corrigan dated January 2, 1989 . MWCC memo dated January 2, 1990. ' Site Meeting Minutes from EOS Architecture dated December 11, 1989. Letter from Donna Clark dated January 1, 1990. Letter from Randy Johnson dated January 3, 1990. Memo and attachments from Jim Chaffee dated December 19, 1989. Memo and attachments from Don Ashworth dated January 9, 1990. ' MN DOT News Release: Automated Routing System For Trucks. MN DOT News Release: Toll-Free Truck Watch Hotline. Memo from T. D. Knopf-Bigelow, Investigator, dated Dec. 19, 1989. Letter and attachments to Mr. Weischelbaum, MN Dot, dated January 12, 1990. Letter to Rick Schneider dated January 12, 1990 and attachments Re: Recycling. ' Open Meeting Law and Data Practices, January 1990. Correspondence from Elliott Knetsch dated January 11, 1990. Letter to Utilities dated January 18, 1990. Letter to Property Owners Re: Frontier Trail Upgrade dated January 18, 1990. 11 1 I II i CITY OF A ClIANBASSEN , , 1 „.,,,, ,i ., ...: . .. . , . • ., , s • , ,. s'-' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 \J ! / N 1 January 3, 1990 il Elliot Knetsch (CeY Campbell, Knutson, Scott & Fuchs (?' 3460 Washington Drive 0-2C Suite 202 �- I Eagan, MN 55122 ISUBJ: Lowell Carlson Contractor Yard Dear Elliot, II Attached please find a memo to Paul and Jo Ann from me (dated December 21) , with a note on it from Jo Ann indicating that she would be sending you the file. Also attached please find copies 1 of my notice to Mr. Carlson dated 10/18/89 . On my last inspection, violations still existed. Because this has II been a long lasting problem, existing through several City planners, I think this might 'be a good one to consider going with a formal complaint. If you think a citation is more appropriate, this is certainly a possibility that can be entertained. Please let Jo Ann and/or me know of your thoughts upon review. Thank you. IISin rel , S t Harr, Assistant Public Safety Director il SH:lf , , cc: Jim Chaffee, Public Safety -Director I Paul Krauss, Planning Director Jo Ann Olsen, Senior Planner II II II I , 1 oi,,,,- CITY OF . . „ _ , . )1k- i - ...-:' ' CHANHASSEN 1 , :. .. '': 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I "' \ (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Paul Krauss, Planning Director IJo Ann Olsen, Senior Planner FROM: Scott Harr, Assistant Public Safety Director DATE: December 21, 1989 t ` SUBJ: Lowell Carlson Contractor Yard II II In reinspecting this property on 12/19/89, I see that absolutely nothing appears to have been chaged. Therefore, it would seem that this would be the time to Ofctseed with referring this matter to the City Attorney. I would . clmend that you gather Planning Department supporting data/filesf o this matter, and then we can _meet to put the package together fo' Roger Knutson's review. { Let 's plan to get this going at soon4after the first of the year as possible . Thank you. 1 fi'�1' ;1 cc: Jim Chaffee, Public Safety Direct t,‘ _, ,,'7.--,14114141W- 4:110_,,l' , -% .e r . :'11 :14 A --Y, c•1 n' . _cr I 11--lam r 1Oyu „,, 110e/ Y1Lt/ a-t laL-+e,l 1. C. ?.1 . CiN 10,/\ +- VjlhF Cql,G,; 1A/L.- (c>)0e0`.426--Y ,;�--k-c� L-11 L . C . it ; 9 114ti)Hh 4) 1 CITYOF ,,. • , �` . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 September 22, 1989 I Mr. Lowell Carlson 4141 Kings Road Excelsior, MN 55331 Dear Mr. Carlson: 1 This is to confirm that on September 25, 1989, all junk and debris, unlicensed vehicles and equipment, etc. that is not part 1 of your approval for the contractor's yard must be removed. The following list of equipment is what was existed prior to you receiving the conditional use permit which can remain on site. These are as follows: IH tractor with trailer for cat on tractor Four dump trucks with trailer for cart z Chev pickup truck with trailer and bobcat Fort van IH dump truck ' As of September 25, 1989, all other junk, debris or equipment beyond what is on the above list needs to be removed from your site. Should these items not be removed, the City will begin proceedings to prosecute. Again, as stated in the July 17, 1989, letter, staff is willing to meet with you on site to discuss what can remain and what has to be removed. We have still not had any contact from yourself in regards to setting up such a meeting. Should you have any questions, please feel free to contact me. Sincerely, 1 � Jo Ann Olsen ' Senior Planner Enclosure ICC: Don Ashworth Roger Knutson Paul Krauss Scott Harr 1 4 CITY OF 1 , if- „,, e ,., or- CHANHASSEN 1 , •. ,,,. ;, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 II MEMORANDUM IITO: Jo Ann Olsen, Senior Planner FROM: Scott Harr, Assistant Public Safety Directo(4 .t, IIDATE: October 18, 1989 IISUBJ: Lowell Carlson II Thank you for your attached memo regarding the Lowell Carlson site. My intent is to issue a citation, setting a court date, following the official notice per City Code . I have discussed this with City Attorney Roger Knutson, and we agree that this is the best path to pursue . At the conclusion of the thirty days, I will reinspect, and if I the situation has not been changed, I will issue the citation . In order to prosecute, the City Attorney will need detailed information about this rather complex situation from your file . III will keep you advised of the status of this matter . II 11 II II I II II I 1 CITY QF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 October 18, 1989 Lowell Carlson 4141 Kings Road CERTIFIED Chanhassen, MN 55317 iDear Mr . Carlson, This letter is to advise you that your property is not in compliance with the requirements of the Chanhassen City Code . Attached please find a memo to me from Ms . Jo Ann Olsen, Chanhassen City Senior Planner, explaining this situation. Please recall that on October 3, 1989, City Planner Paul Krauss, Ms . Olsen and I met with you at the property, and you explained ' that your attorney was involved, and I suggested to you that you have that attorney contact me that afternoon, so that we might work with you to work on this problem. I have never heard ifrom your attorney. Attached please find the notice, requiring that compliance with City Code be made within 30 days . If you do not bring your ' property into compliance with City Code, this case will be referred to our City Attorney for prosecution. Please be advised that violation of our City Code does constitute a criminal violation. Our goal is to obtain voluntary cooperation, however, and referral to court will only be used if compliance is not made within the 30 days . Any questions should be directed to Ms . Olsen. Sincerely, cg-eiv Scott Harr, Assistant Public Safety Director SH: If cc: Paul Krauss, City Planner Jo Ann Olsen, Senior Planner ' Jim Chaffee, Public Safety Director Roger Knutson, City Attorney i 1 CITY OF fl , cHANBAssEN 0,:i) ix; 1 4 !,,, ,f_._ :,. ../ :, ,,. , r _,. I .Aiiiih. _ . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I IMEMORANDUM TO: Scott Harr, Asst. Public Safety Director IFROM: Jo Ann Olsen, Senior Planner XbC) DATE: October 9, 1989 1 SUBJ: Lowell Carlson II Thank you for visiting the Lowe11Carlson site with Paul Krauss and myself on Tuesday, October 3, 4.989. The subject property was being used as a contractor's yard prior to the adoption of the II 1972 Zoning Ordinance. Mr. Carlson received a conditional use permit for a contractor's yard: in 1985. The City Council recently revoked the conditional use permit. Therfore, Mr. Carlson's contractor' s yard is permitted to remain in the capa- ' city which existed prior to -enactment of the ordinance. The following vehicles are allowed to remain on site: I IH tractor with trai15er for cat on tractor Four dump trucks with trailer for cart Chev pickup truck with trailer and bobcat Ford van IIH dump truck Please follow 61roug i' wi't i' th`e''enforcement of the City Council' s 1 direction tor c ce, the y 0tiiVit es•,-tin ,the subject property to what existed pr pr to receiving the conditional use .permit in 1985. ; ..,; IIcc: Admin. Packet J,: i'' Roger Knutson `= €f# (4R 1 r.,,__., I I I CITY OF - L CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' Date: 10-18-89 NOTICE ' To: Lowell Carlson 4141 Kings Road Chanhassen, MN 55317 To the owner, lessee, agent, or occupant of the above described permises: ' You are hereby notified that at your premises located at 4141 Kings Road, ' Chanhassen, UN and used as a Contractors Yard the following conditions were found to exist in violation of the Chanhassen City Code: Zoning Ordinance: Non-conforming use as contractors yard after revocation of Conditional Use Permit; ' Nuisance: Illegal storage of vehicles, machinery, and miscellaneous material. YOU ARE HEREBY ORDERED TO HAVE THIS CONDITIONS) CORRECTED BY: November 24, 1989 NOTICE OF COMPLETION SHALL BE MADE IN WRITING TO: Code Enforcenent Officer, City of Chanhassen, 690 Coulter Drive, Chanhassen, MN 55317. Failure to ' coomply, with the foregoing orders may render you liable to penalties of said ordi- nance. In rely, please refer to inspection No. V- fly Yo , 4 . ., Scott Harr Assistant Public Safety Director/ Code Enforcement Officer cc: Elliot Knetsch, Office of the City Attorney ey 1 1 COMPLAINANT COMPLAINT RECEIVED BY: Jo Ann Olsen 1 LAST: FIRST: MIDDLE: DOB: II STREET NUMBER: STREET NAME: CITY: ST: ZIP: PHONE NUMBER: Viol of zoning ordinance TYPE OF COMPLAINT: g rd nance 10/17/89 DATE RECEIVED: 1 LOCATION OF COMPLAINT: 4141 Kings Road 1 SUBJECT HARD FILE: CASE NUMBER: LAST: Carlson Lowell FIRST: MIDDLE: DOB: STREET NUMBER: 4141 STREET NAME: Kings Road Chanhassen—' CITY: 1 ST: PIN ZIP: 55317 PHONE NUMBER: 1 ACTION TAKEN/COMMENTS (INCLUDE DATE) : 11 Letter sent to Lowell Carlson 10/18/89 1 i 1 1 1 1 1 . I i . , CITY OF _ �r f CHANHASSEN 1 A '. '4 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .._, (612) 937-1900 IIA WORD ABOUT CODE ENFORCEMENT IN THE CITY OF CHANHASSEN. . . ' Nobody likes to be told what to do. . . especially on their own property! However, there are instances in which people are not aware of what the law is, or have not had an opportunity to 1 comply with it, and that is when the City gets involved. Our goal is always to obtain voluntary compliance, but we would like to take this opportunity to explain code enforcement in the City of Chanhassen. II WHAT IS THE "CITY CODE"? v IA number of laws (ordinances ) pa"sled by the Chanhassen City Council, similar to state statutes,-, but made specifically by and for our City. . IIWHAT ISSUES DOES THE CITY CODE DEAL WITH? While state statutes deal with criminal law, etc. , a city code is 1 developed to reflect the specific needs of a particular city. Such issues as animal control, noise regulations, noxious weeds, 1 building regulations, zoning regulations, and fire inspections are all issues that cit-ies regulate in particular ways to meet their needs. I f..r ,� WHO ENFORCES THE _CITY CODE? The Cha - -, - .. .5'" ; .�_,- nhassen- Department of Public Safety is charged with 1 enforcing c>ir t •Coc e,T i�'n'' od �eratrioris f 'r'- City__ P ft <Attorney. HOW IS THE CITY CODE ENFORCED? .{a-- 1 , ;=' ' -" Actually, we do not want to hav$ tp enforce it! Our goal is always to seek voluntary compl an, e of the code. Once someone is 1 made aware of a violation, more;`'.often than not, they are happy to remedy it. ° '" If enforcement does become necessary, however, we are given tools 1 with which to work . The Chanhassen City Council has made any violation of City Code a criminal misdemeanor: As such, a viola- tion could result in a maximum penalty of 90 days in jail and/or IIa $700.00 fine. It would also be possible for the City to seek • 1 IS THIS A DIFFICULT ACTION FOR THE CITY TO TAKE? YES! Frequently, people notify the City because they are afraid, ' for whatever reason, to confront a neighbor or violator directly. Most often it is because they know they will be upset ! So, we frequently have people upset at us, too. Also, what seems a very upsetting violation to one person, may not be to another . And, many complaints are generated out of difficulties that neighbors have in getting along together . All in all, code enforcement can be a most challenging opportunity! IS CHANHASSEN DIFFERENT THAN OTHER CITIES? ' Of course, we think it is better! In addition, the City of Chanhassen is unique because it is growing at such a rapid pace . The fact that a basically rural community is quickly becoming ' suburban causes perspectives, and sometimes tempers, to be dif- ferent. We try our best to help everyone see the varying perspectives present. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ' _ We greatly appreciate the time you have taken to read this note . " We hope that it helps you understand Code Enforcement in the City of Chanhassen. If you have any questions, please feel free to call the Department of Public Safety at 937-1900. 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LICENSED CONSULTING SUITE 102 PSYCHOLOGIST C 344 ST.LOUIS PARK, MN 55416 FED.I.D.#41-1328308 (612)920-0708 1 ' November 14, 1989 Mayor Don Chmiel ' City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Mr. Chmiel, I would like to commend Asst. Public Safety Director, Scott Harr for his appearance on my radio show on Sunday November 5th. Scott asked to be a guest as part of your cities against drugs program. I am pleased to know that the City of Chanhassen is so concerned about drug abuse involving young people. Scott was an excellent representative for the City of Chanhassen. Thanks again. ' Sincerely, Ray D. Nordine, Host Riverwood Forum KSTP-1500 AM JAN 5 1993 cc: Don Ashworth ✓ CEll OF CHANHASSEN Jim Chaffee 6121 EXCELSIOR BOULEVARD ST LOUIS PARK. MINNESOTA 55416 (612) 920.0706 I 1/ ec P�� EREDJ.CDRRIG4N ?, Execy�n:Direcor' �_ � ,- lo JERRY ANDERSON i THE MINNESOTA TRANSPORTATION (/1'_; I ssf.Executive Director j•I LLZ1 H11�Z FORMERLY MINNESOTA GOOD ROADS,INC. CITY OF CHANHASSEN IIJanuary 2, 1990 GEC II J Gary Warren AN 08 1990 Chanhassen City Engineer ENGINEERING DEPT. 690 Coulter Drive, Box 147 IIChanhassen, MN 553176 Dear Mr. Warren: IThe past year has certainly been a busy one - including a name change, a new image and a rising awareness of transportation Iissues. The Minnesota Transportation Alliance established the following objectives within its new mission: II - Increase public awareness of the role of transportation in the future of Minnesota; II - Expand the organization's public relations program to reach a broader cross section of the community; II - Develop a government relations plan. The Board of Directors also accepted four specific goals for II1990. They include: . increasing membership communications I . working with regional chapters to ensure active organizations II . establishing a Rebuilding Minnesota Coalition to build public awareness statewide of transportation infrastructure needs in advance of the Minnesota I Transportation Study Board Report (January 15, 1991) and the federal Surface Transportation Act of 1992 (October, 1991) I . maintaining a working relationship with the Transportation Study Board and Minnesota's congressional delegation. I The Alliance has commissioned The Road Information Program (TRIP) to prepare a study of Minnesota's local bridges for the 1990 Legislature. The legislative platform of the Alliance is I currently being prepared by legislative committees at the chapter and state levels. The final platform will be presented to the State Board of Directors at its January 18th meeting. 1 3402 UNIVERSITY AVENUE S.E. MINNEAPOLIS,MINN.55414 612-379-7227 e 0Gc■Y I 11 City Engineer - 2 - January 2, 1990 1 Local bridge funding and County State-Aid reform are just a few issues to be brought before the 1990 session. We will continue to need your input to ensure a consistent platform message that represents our entire membership. We are very encouraged by the interest in the Regional Chapters, which are holding their initial meetings at this time. We ' encourage you to become involved in their activities and hope you will feel free to attend any Regional Chapter or State Board meetings to discuss or participate in any topic of interest to ' you. Our expanded mission will require debate as to the appropriate position of our organization on increasingly complex ' transportation alternatives and your input will be critical to maintaining a credible and effective voice for transportation in Minnesota. rI also want to encourage your city to send a representative to our annual Washington Fly-in. This delegation will be in Washington after NACO in 1990, leaving the Twin Cities on March 20th, and returning March 22nd. We have planned an extensive program reviewing proposals for a new era of federal transportation programs and our Board of Directors feels that it ' is critical for all of our membership to be very visible and involved at the federal level for the next two years. As you are aware, Secretary Skinner has proposed shifting a larger percentage of the cost of the federal transportation programs to state and local government. Obviously, participation by County and local government at the Fly-in becomes essential if we are to expect our concerns to be addressed by our congressional ' delegation. I have appreciated the calls and support from city government over the past year. Local government is a valued part of our membership and I look forward to working with you in 1990. Yours s ' cerely, red J orri an Executive Director Enclosure I I lilt_ et 14Di'i .) per, teMetropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 January 2, 1990 Note: T n _ _ C 612p 423 i S Av 44,Lb44vCe. 11- el.,f/,, IISUBJECT: Commission' s Implementation Plan, Years 1990-2010 .-! °Ennia-- TO WHOM IT MAY CONCERN: I e Enclosed for your information and files is the Metropolitan Waste /g/fo Control Commission' s Wastewater Treatment and Handling Implementation I Plan, Years 1990-2010. It is the first document of its kind, respond- ing to new state legislation under the Metro Governance Act of 1986 and to a new revision of the Metropolitan Council' s Metropolitan Development Guide, Water Resources Management, Part 1, Wastewater I Treatment and Handling Policy Plan, as adopted by the Metropolitan Council on September 8 , 1988 . I The Implementation Plan was developed to serve as the driving document for vision and change within the Commission in addition to its essential functions under new laws and a revised Metropolitan Council I Policy Plan. The Implementation Plan replaces the Commission' s Development Program, essentially a five-year capital improvements pro- gram produced and revised biennially. In addition to containing the components of the Development Program, the Implementation Plan con- , tains major components consisting of mid-term and long range capital improvement programs, a service and system management component, fis- cal implications assessment, and specific objectives, plans, and pro- I grams to address the Council' s Policy Plan requirements and the assessed future needs of the Commission. I As finally approved by the Metropolitan Council and adopted by the Metropolitan Waste Control Commission, the Implementation Plan repre- sents a long range operating and capital development plan for the years 1990 through 2010 . In the short term it serves as the basis for Idevelopment of the annual Operating Budget and Capital Budget. The final document represents the result of about a nine-month period I during which internal review and revisions were made; a draft document was approved, distributed to interested parties , subject to public meetings and hearings, and reviewed by the Metropolitan Council; and a I revised document incorporating the changes resulting from interim developments, and public and Council review was approved by the Metropolitan Council and was adopted by the Commission. The adopted Implementation Plan is required to be updated every two years, or I amended more frequently if the need and circumstances arise due to changing conditions or new information. The next major revision of the Implementation Plan, for the years 1992-2010, is scheduled for I p �,} �development this year with draft plan distribution d m l � ici- ation lanned for earl 1991. � I Sincerely, M BE[IMM ___ JAN 0 8 1990 :--- 0 . �!. �-__.— II Gordon 0. Voss Chief Administrator Equal Opportunity/Affirmative Action Employer ENGINEERING DEPT. E '. ", ,_ ac.. r..c., ...„,, I J.NICHOLAS RUEHL,AIA IBERTIL E.HAGLUND,NA ISITE MEETING MINUTES NO 12 I PROJECT: Colonial Center Canopy Remodeling Chanhassen,Minnesota EOS #89103 IDATE: December 11, 1989 THOSE PRESENT: REPRESENTING: 1 Peggy Reilly Chanhassen Realty Lowell Cook Contract Services&Supply Inc. I Don Hagen Hagen&Mason Investments Richard Gay Your Majesties Valet Jack Anderson EOS Corporation IA. The following minutes reflect our understanding of the information discussed at the construction meeting. Please notify us if you have any questions or comments regarding these minutes. I 1. Regarding project items the follows � n9 p I following is noted: I a. The Contractor should install sealant at the expansion joint Inside of the overhead door at Your Majesties Valet. I b. Mr. Gay Indicated that there is a crack In his plastic sign which had been removed. Subsequent to the meeting, Lowell indicated that he did not feel that the sign had been damaged during his removal. I c. Mr. Gay indicated that he would like lock guards installed on the new south entrance doors. Jack indicated that these had not been specified and would have to be handled by the owner or tenant outside of the contract. Subsequent to the I meeting Lowell Indicated that the doors removed from the project did not have lock guards.Hoeffer's Glass in Bloomington indicated that lockguards would cost $45-$60 per door installed. d. An exterior light lens has fallen off,cracked and should be replaced. II JAN 8 1990 It;11`1 Of CHANHASSEN EOS CORPORATION 470 Water Street, Excelsior, MN 55331 (612) 474-3291 -',.. ;z"te,,t;.0.,'Irt. *` ;,f'''f: :$a 3 . �:*.f6',n N7 ,x,Vin;. d"tf;y v `yam % a IEqual Opportunity Employer 1 1 ogi ill: l I 1 e. The weatherstripping at the east Kenny's Market door sill needs to be replaced. I f. A soffit board west of Kenny's appears to have a wood mold and should be cleaned. I2. Jack will communicate the above items to Lowell Cook of Contract Services. IEND OF MINUTES I d-�� ) n-!, PREPARED BY: � J Jr IJack Anderson,AIA Icc: All Participants Fred Hoisington I Jim Lasher Harry Menk Don Ashworth I Nick Ruehl Leon Kelzenberg Todd Gerhardt Don Gray I Dick Rusch Dave Exe Herb Mason I Greg Roy Gary Warren IEnclosure tJEA:ja . M:\89103\doc\SM12-11 I I I 1E stitc C J.NICHOLAS RUEHL,AIA BERTIL E.HAGLUND,AIA SITE MEETING MINUTES NO 13 (Final) PROJECT: Colonial Center Canopy Remodeling Chanhassen, Minnesota EOS#89103 r DATE: December 27, 1989 THOSE PRESENT: REPRESENTING: Peggy Reilly Chanhassen Realty Lowell Cook Contract Services&Supply Inc. Don Hagen Hagen&Mason investments Jack Anderson EOS Corporation A. The following minutes reflect our understanding of the information discussed at the construction meeting. Please notify us if you have any questions or comments regarding these minutes. ' 1. Regarding project hems the following is noted: a. Lowell indicated that the punch list hems have been completed with the exception of the final signage and lighting,electrical and final closeout 1 material. b. Lowell will coordinate the electrical completion with the signage ' contractor. c. Lowell indicated that the closeout paperwork should be submitted by next week. rt JAN 8 1990 ' EOS CORPORATION 470 Water Street, Excelsior, MN 55331 t 't 4-7'442-913`" � 2� �T4'X291' � �,.,,.''»�°1'+ 's, tSi ° "•k';,`�, `?r '' 'r�; ;? ,is'``� .�"Eg" �x .r : &.,4,!, x. '�" `-4,41,�`=+,�s�..a ,?:.,. ,,*`'..Pt" Equal Opportunity Employer I OSk, -:11°:):: ' ''' 1 Y i -, ,. , , - ... .. >;z.._ of .. I Id. A site review by the meeting participants confirmed that the rest of the punch list items have been completed. I IEND OF MINUTES 1 III PREPARED BY:/� Ldack rson,AIA I cc: All Participants Fred Hoisington Jim Lasher Harry Menk I Don Ashworth Nick Ruehl Leon Keizenberg I Richard Gay Todd Gerhardt Don Gray Dick and Jane Rusch I Dave Exe Herb Mason Greg Roy IGary Warren Enclosure I JEA:ja M:\89103\doc\SM1227 I I I I I I CC' rem. ' //f /?0 I January 1, 1990 Mayor Don Chmiel 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Mayor Chmiel: I want to thank you for your good response to my request ' for a welcome letter and for sending the copies to me last week. You did a very nice job on it and I 'm proud to include it in the packet I give to newcomers. I think it is a very nice addition to what I leave with them. Thank you so much for doing this for me. I appreciate it . Have a nice day. Sincerely, ee ' Donna Clark RED CARPET WELCOME SERVICE i i 1 1 ' RANDY JOHNSON PHONE C.t. (e. - COMMISSIONER x,1,14 cOL 612-348-3088 `{^ } 4, TDD 348-7708 +�^ 1 FAX 348-8701 art0 Nl,iggo BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 January 3, 1990 Mr. Donald J. Chmiel Mayor, City of Chanhassen ' 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 Dear Don: ' Thank you for your update on the Chanhassen Economic Development District. As you know, I supported and urged my colleagues on the board to support this project with some reservations. However, on balance, I believe that it will be a very substantial benefit to Hennepin County residents and tax payers and I am pleased ' that it is coming along so well. ery t ly yours, E Randy Johnso ' Commissioner RJ/lf ' ' Ecc.. ea t .w.1"144,-)4' ' CHANBASS N CITY T • V_ t I690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director ' DATE: December 19, 1989 SUBJ: Minnesota State Patrol Substation Please be advised that as of January 3, 1990, the Minnesota State ' Patrol will be moving their substation from Shakopee to Chanhassen. This is a great opportunity for the City of Chanhassen to expand our law enforcement services without addi- tional burdens on the taxpayer . This can be accomplished simply by the understanding that with their substation now in Chanhassen, more time will be spent in the City of Chanhassen and Carver County. Sheriff Wallin has been made aware of this and ' thinks it is a fantastic opportunity. As we discussed previously, we will be switching the interview ' room and the present State Patrol office . This will add addi- tional space for office equipment needed by the State Patrol . I have received a bid from Metro Systems to provide additional ' administrative equipment for the State Patrol in the amount of $3, 000 . 00 . I understand that at this time we are scaling back and looking at our 458 expenditures, however, if the monies can be found, it certainly would behoove us to provide this equipment ' for the State Patrol. If the monies can not be found, this will not prevent the State Patrol from moving to Chanhassen and I would hope that sometime during the course of the year we will be able to provide these furnishings . 1 i 1 I I I ti� E3p� MINNESOTA ,K . MINNESOTA STATE PATROL t_- A F 0 SHAKOPEE SUB-STATION I `VIlic Ir 476 GORMAN STREET I ` ' 6.2::=1:201:f.: SHAKOPEE, MN 55379 1-------PATRON November 27, 1989 II II James Chaffee I Director of Public Safety City of Chanhassen Chanhassen, MN 55317 II Mr. Chaffee, II As you know, for the past 20 or so years, the station office for the IIMinnesota State Patrol troopers that work the Scott and Carver County area has been in the Shakopee Police Station. Because of this location we do I spend a majority of our time in that general area. All of our supplies are kept in this office and it is the main area were we do our reports. The troopers in this area try to spend equal time in each of the counties that we IIcover, however we do seem to spend more time in the area of our office. We do realize that we have to spend more time in the Carver County area, Iand when you offered us a station office in the Chanhassen Public Safety building, we felt this would be an ideal way to increase our patrol time in ICarver County. We would like to accept your offer to move our office to Chanhassen as of January 3, 1990. I have discussed this with our Captain I and he has no objection. I would like to thank you for the opportunity to work out of your building and for the equipment that you are going to I supply to assist us in ourjob. I will be in contact with you prior to our move and if you have any questions please feel free to oil me. II f :, , ey, l , - - - ►e -• e ter '":2 IICpl. Minnesota State Patrol I M,,,.. QUOTA ION 1MctiSvstens Furniture Solutions For 'Your Total Office TO Mr. Jim Chaffee 1 City of Chanhassen December 4, 1989 THE TERMS AND PRICES QUOTED ON THIS QUOTATION, IF ACCEPTED B I THE CUSTOMER, SHALL BE PART OF THE PURCHASE AGREEMENT TO BE EXECUTED BY THE PARTIES HERETO. Quantity Description - '' — - ea. Total Pro- 5902-990 Desk, 66"Wx30"D 1 4975-3L0 Pedestal, Box/Box/File 2112.00 301. 0 I 1 5935-090 Return, 42"WX24"Dx29"H 212 0 1 8993-180 Center Drawer 226.50 240. 0 1 4537-48L Overhead, 48"W 40.00 40. 80 222.00 222. 80 1 1 8066-480 Task Light, 48"W 1 8060-480 Tackboard, 48"W 74. 50 74. 0 1 8014-660 Wall Track, 66"H 86.50 86. 0 (pair) 31. 00 31 . 0 1 P23I-005 Executive Chair 276.00 276. 0 1 5201-L Vertical File, 5 Drawer, 350.50 L 350. 0 Lock 1 8368-22B Panel, 48"Wx66"H l 1 18366-22B Panel, 36"Wx66"H 333.00 333. 0 1 8010-663 Wall Starter, 66"H 287. 00 287. 0 31.00 31. 0 I 1 8993-180 Center Drawer, Warm Beige 40.00 (for Kim's Station) 40. 0 IoZg II'SO , I I w eceiPt of a Copy of this QUO I ATIO acknowledged: -- L ' V METRE STE S I USTOMER By: k� / / / / i 7400 Flvina CIniId rlrivn . C,ae.. o.....-._ •11%1 - - • -- • CITY OF • CHANHASSEN .- •' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM Adm. Section 1-22-90 ' TO: Mayor and City Council FROM: Don Ashworth, City Manager 1 DATE: January 9, 1990 SUBJ: Dale Geving Resignation, Southwest Metro Transit Representative Attached lease find the notice we received from Southwest Metro etro Transit that Dale Geving' s term expired on December 31, 1989. ' Dale is not seeking reappointment. Typically, the Council has instructed staff to prepare a letter, to be signed by all Council members, as well as a certificate of appreciation for retiring ' commission members. Staff will proceed in this direction unless directed otherwise. -) (:)3 0"-r 1 I SOUTHWEST METRO TRANSIT 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 January 5, 1990 1 TO: Don Ashworth, City Manager, City of Chanhassen FROM: Beverley Miller, Administrator SUBJECT: Recognition of Retiring Commission Member Dale Geving has just completed his term on the Southwest Metro Transit Commission. We have drafted the enclosed resolution for approval at our meeting on January 25. The resolution may be used in your city's ceremony to recognize civic contributions. Our recognition will also include a plaque for Dale which we will send to you by the end of January. We greatly appreciate Dale's service on the Commission and the continuing support of the City of Chanhassen. 1 cc: JoAnn Olson I I 1 JAN 81990 CITY_OF CHANHASSE► 1 I IJanuary 1990 I I ITO: Southwest Metro Transit Commissioners 1 FROM: Beverley Miller, Administrator ISUBJECT: Recognition of Retiring Commission Members IOn December 31st of each year, the term of one of the three classes of commissioners expires. Every other year, the Class IV term expires. The 1989 retiring members include Dale Geving (Class I III) and JoAnn Halberg (Class IV). (Gayle Kincannon, Class III, has been appointed to serve another three-year term.) IIt is appropriate that retiring members receive public recognition for their contribution to and service on this commission. 1 Each of our member cities has a forum to provide this recognition. Therefore, it is recommended that the Southwest Metro Transit Commission approve the attached resolutions for presentation by the I member city which appointed these individuals. I I I I I I I I CITY OF CHANHASSEN CARVER COUNTY, STATE OF MINNESOTA 1 RESOLUTION NO. WHEREAS, Dale Geeing has served for three years as a member of the I Southwest Metro Transit Commission representing the City of Chanhassen; and IWHEREAS, Dale Geeing has been instrumental in fostering, encouraging, and improving local public transit service; and WHEREAS, Dale Geeing has demonstrated his ability to advise and work cooperatively with governmental agencies and the public; and WHEREAS, Date Geving has voluntarily served the public interest in overseeing the provision of an efficient and cost-effective local public transit service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota that the City Council recognize the volunteer commitment that Dale Geving has made to the Southwest IMetro Transit Commission representing the City of Chanhassen. Adopted by the Chanhassen City Council on the day of 1990. I I Mayor I I - Attest I I 1 • 7"-AROAO.EFIA14,1(10 „qv ; - I • - - , ; WARRIN' WARREN , 41/HMIS TOM CHEWING GUN.INC. ARM IN U.S.A. 1 Minnesota Department of Transportation G _NEWS_RELEILSE_ CITY MININSEPI Date: �� ����, ��� January 8, 1990 To be released: JAN 1 01990 JAN 10 1993 ' Immediately CITY..OF CHANHASSEN Mn/DOT INAUGURATES AUTOMATRG ROU ING DEPT EM FOR TRUCKS SOUTH ST. PAUL--Transportation Commissioner Leonard W. Levine today announced an automated, computerized system that makes truck routing as quick as a phone call. Truck operators may now call the Minnesota Administrative ' Truck Center in South St. Paul from anywhere in the United States and receive routing instructions in moments, provided by an expert system driven computer system called Route Builder. Expert systems or artificial intelligence (AI) contain a 11 knowledge base about truck permits and routing and use a method which mimics the human mind's ability to process and apply information. The Minnesota Department of Transportation (Mn/DOT) developed Route Builder to serve a growing number of customers more quickly, said Darrell Schierman, director of Road and ' Vehicle Information Services. Route Builder is the first system employing AI in the U.S. ' The new system will be dedicated at an 11:30 a.m. ribbon-cutting on Thursday, January 11 by Commissioner Levine and other Mn/DOT officials. The dedication will also include 1 demonstrations and a tour of the center at 100 Stockyards Road, South St. Paul (see map on opposite side of this release) . Route Builder actually comprises two systems. One system issues 1 permits for overdimension and overweight trucks, computes permit fees and bills the trucking firm, all automatically. The other system routes trucks based on their weight, length, height and width and on road factors such as detours, clearances, bridge strength and lane and shoulder widths. Route Builder is part of Minnesota's innovative Guidestar program. The program is the framework for research and development for advanced transportation systems. "All a trucker needs to do is call the truck center for ' routing. A technician will enter the information and the Route Builder system will determine the safest permissible route, " Schierman said. I Contact: Darrell Schierman___� (612) 296-04C%�ep ,,.00 MINNESOTTAA ' 1990 Minnesota Department of Transportation, Transportation Building, St. Paul, MN 55155 IMinnesota Department of Transportation ik-e---eg—;--44044-14-)4kr I IDate: January 8, 1990 [MOP To be released: Immediately JAN 10 1999 __ _. I EN6iHEERING DEPt.JAN 10 1999 IIMn/DOT BEGINS TOLL-FREE TRUCK WATCH HOTLINE CITY OF CHANHASS€.N Illegal or unsafe action by truckers in Minnesota now can be II reported via Truck Watch, a toll-free, truck safety hotline operated by the Minnesota Department of Transportation (Mn/DOT) , Transportation Commissioner Leonard W. Levine announced. IThe toil-free number for greater Minnesota is 1-800-657-3521. Callers in the Twin Cities metro area dial 296-9122. These telephone lines will be staffed 8:00 a.m. to ' 4: 30 p.m. weekdays. At other times, callers may leave a recorded message. I Elizabeth Parker, acting director of Mn/DOT's Office of Motor Carrier Safety and Compliance, said callers should identify trucks driven in an illegal or unsafe manner by the color of the II truck, the name of the company and the license plate number. Persons with questions about proper truck operation may also call the hotline. I The new Truck Watch hotline is part of Mn/DOT's increased efforts to ensure safe truck operations on Minnesota highways. Other measures include stepped-up roadside truck inspections and II increased on-site checks of trucking firms' driver and vehicle inspection records. I are starting Truck Watch and beefing up surveillance to improve safety for the trucking industry and for the traveling public, " Parker said. II 1 . Contact: Elizabeth Parker II612/296-0331 11 . I MINNESOTA- �.. 1990 Minnesota Department of Transportation, Transportation Building, St. Paul, MN 55155 1 M E M O R A N D U M TO: MS SHIRLEY TAGGART *4-., ' PRESIDENT `4 4k , .- Minnesota Federated Humane Societies ' RE: NOTES ON INVESTIGATION TO CHANHASSEN, 19 DEC 89 BY: T. D. KNOPF-BIGELOW Investigator 19 DECEMBER, 1989 On today's date, I attended to a complaint filed with the Federa- l' tion in the City of Chanhassen, County Carver. Not having dealt with anyone from that area, I was uncertain exactly what resources were available. Prior to going to Chanhassen, I contacted the Sheriff's Department. They in turn recommended that I contact the Community Service Officer for Chanhassen. On arrival at Chanhassen, I located the Fire Department where I was placed in contact with CSO Debra Rand & Robert Zydowski . The short of it all was that CSO Zydowsky accompanied me to the site of the complaint and lent his presence to the situation. I would like to point out the professionalism of both CSO' s, especially Zydowski. The CSO's have a excellent understanding of ' Humane statutes, even though only a portion of many duties. The officers possess an esprit de corps for their work, which is a requisite for public service. I am encouraged that we have available to us professionals who are sensative to the needs of the public, 'man and beast' alike. Their area of jurisdiction covers a considerable distance. Should we receive calls in the future within their jurisdiction, I would highly recommendcontact with either of these officers for asstsrtsrice: ' They stand as excellant representatives of the Carver CountyaNmmtn2! cc: Director, Public Safety. Chanhassen, MN `,,er "ivy nF itHANHASStA 1 . . CITY OF CEANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' January 12, 1990 Minnesota Dept. of Transportation ' Attn: Mr. Chuck Weischelbaum District State Aid Engineer Metropolitan District ' Golden Valley Office 2055 North Lilac Drive Golden Valley, MN 55422 Re: 1989 Certification of Mileage File No. PW033 ' Dear Mr. Weischelbaum: As required, please find enclosed the City of Chanhassen's cer- ' tification of mileage as of December 31 , 1989. Attached to the certification is the City 's Itemization of roadway improvements and Municipal State-Aid street improvements. As noted in the computations, the City is 4.116 miles •:under the maximum allowed ' State-Aid mileage. As you are aware, we have been working with you in the past to try to allocate this- mileage and hopefully with the completion of the Eastern Carver. County Transportation Study this spring, we will be back at you with requests for utilization of this allowance. If you have .an questions in the meantime, leas Y have_any questions please call. Sincerely, CITY OF CHANHASSEN `jtl.___- _, Ga t Warren, P.E. 1 • ty Engineer GGW:ktm Attachment: Certification of Mileage form. c: City Council Administrative Packet (1/22/90 ) w/attachment. Mn/DOT TP 29172-01 (10-79) Municipal Mileage Revisions During Municipal Mileage as of Dec. 31, 19 88 Current Year (+or-) as of Dec.31, 19.19_ ANNUAL CERTIFICATION q o o OF MILEAGE F II III IV V VI VII VIII IX X XI XII 1. Trunk Highways 18.43 18.43 18.43 18.43 2. County State-Aid Highways 1.95 - 8.28 10.23 1.95 8.28 10.23 3. Co. Municipal State-Aid Streets ---- 4. Municipal State-Aid Streets 4.15 - 9.21 13.36 +0.63 0.63 3.52 9.84 13.36 5. County Roads -- 3.77 3 77 3.77 3.77 6. Other Local Roads and Streets --71.65 71.65 +1.921+1.92; 73.77 73.77 7. Total Improved Mileage Previous= Adjustment= Current as (+or-1 +2.551 ,114.0/ MAXIMUM STATE-AID MILEAGE COMPUTATIONS 8. Trunk Highways (Line 1,Column X1). 18.43 9. County State-Aid Highways (Line 2,Column XI). 8.28 10. County Municipal State-Aid Streets (Line 3, Column XI). 0 11. Total Deductions (Total of Lines 8, 9 and 10 above). 26.71 12. Basic Mileage For Computation (Line 7,Column XI, Minus Line 11). 87.38 13. Percentage Limitation. x .20 14. MAXIMUM MILES ALLOWED FOR M.S.A.S. DESIGNATIONS 17,.496 _ 15. Total Municipal State-Aid Street Designations (Column XII - Line 3 Plus Line 4) 13.36 16. Total Miles of T.H. Turnbacks Included In Line 15 --- 17. Municipal State-Aid Street Mileage Ove Under aximum Allowed. 4.1$6 under I hereby certify that the total Improved Street Mileage in the Municipality of__C is has*en..- _ as of December 31, 191.. is 114.Oq Miles. Signed 'I Title C.4 E um rr =I ow ow am r am um am r am we r r r r �i am me MN NM NS I MN MI NM N N NM MN I ININ 1111111 N NM MN REVISIONS DURING CURRENT YEAR MUNICIPAL STATE-AID STREETS COUNTY MUNICIPAL STATE-AID STREETS ROUTE ORIG. MILEAGE CHANGE+OR- REVISED DATE ROUtE ORio. MILEAGE CHANGE+OR - REVISED DATE NUMBER MILES NON- UN• OR NEW OF REASON NUMBER MILES OR NEW of REASON Emma IMPROV'D IMPROVD TOTAL MILL! CHANGE EXISTING IMPROVO UM" TOTAL MILE! CHANGE 107 0.0 +0.63 +0.63 0.63 07/89 new const. o • • • TOTAL NET CHANGE COUNTY STATE-AID HIGHWAYS i TOTAL NET CHANGE +0.63_+0.63_ 0.63 z, TOTAL NET CHANGE �f�jf��f//f/� Jan. 1, To Dec. 31, 19 89 MUNICIPALITY Chanhassen 1 . CITY OF CHANHASSEN ANNUAL CERTIFICATION OF MI PAGE 1989 ROADWAY IMPROVEMENTS I "OTHER LOCAL ROADS AND STREETS" Project Number Project Name rules 88-24 Reed's Orchard Ridge +350/5280 = +0.07 ' 64th Street -330/5280 = -0.06 89-5 Chanhassen Hills 3rd Addition 3809/5280 = +0.72 ' 89-12 Lake Susan Hills West 3rd Addition (1780 + 420 + 342 + 440 + 165 + 100)/5280 = +0.61 ' 89-13 Trappers Pass at Near Mountain 3rd Addition (476 + 540)/5280 = +0.19 ' 89-15 Lake Riley Woods 2nd Addition (571 + 460)/5280 = +0.20 89-19 Lake Susan Hills West 2nd Addition (711 + 308)/5280 = +0.19 ' TOTAL +1.92 "MUNICIPAL STATE-AID STREETS" Project ' Number Project Name rules 88-22A Lake Drive (Powers Blvd, to market Blvd.) +0.63 1 11 1 1 t {r ,.._C t CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 t January 12, 1990 1 ' Mr. Rick Schneider - Recycling Coordinator Carver County Courthouse 600 East Fourth Street ' Chaska, MN 55318 Dear Rick: Attached please find our monthly reports for April 1989 - December 1989 for collection of curbside recyclables. The City collected a total of 268. 22 tons of recyclables. At $4.00 per ' ton, the City should receive $1,072.88 from Carver County. Please let me know how soon the money will be distributed and please call me should you have any questions. ' Sincerely, Jpf G Jo Ann Olsen Senior Planner • t R ( , }_._-c ,/ CARVER COUNTY COURTHOUSE ENVIRONMENTAL SERVICES '_"'` 800 EAST 4TH STREET _ ¢ , . CHASKA.MINNESOTA 55318.2186 (612)448-3435 • sue„ I`VN E 50� COUNTY Of CAI VEQ December 11, 1989 JoAnn Olson Chanhassen City Hall 690 Coulter Dr. Chanhassen, MN 55317 ' Dear JoAnn: As in years past, you may qualify for a $4 per ton recycling rebate through Carver County. Materials that are eligible for ' this rebate are listed on Appendix A, attached. In order for you to receive this rebate, I must have the enclosed ledger completed and returned to me by February 15, 1990. Please refer to the attached Appendix A for further information. ' If you have any questions, please contact me at 448-1217 or at our new toll-free number (800)535-7570. Thank you for your cooperation. Sincerely, 1• Rick Schneider Recycling Coordinator RS/ch 1 ' DEC 1419139 CITY OF CHANHASSEN 1 Affirmative Action/Equal Opportunity Employer • APPENDIX A ' CARVER COUNTY $4 PER TON RECYCLING REBATE PROGRAM This program represents the Carver County performance-based fund- ing system for residential materials recycled. This program was devised as a result of stipulations placed in the Metropolitan Council's Local Recycling Development Grant given to Carver County for 1988, requiring such a system. This appendix will ex- plain the program as it applies to the residential recyclers in Carver County. ' The County will pay a $4 per ton rebate annually to cities, townships, organizations, or persons for residential materials recycled from Carver County. The monies will be disseminated directly to the cities, townships, organizations or persons providing the recycling service. The County will require that a recycling ledger form be filled out at least annually by the recycler specifying the types and amounts of materials recycled. ' Dated documentation from the redemption center or final market site where the materials were brought must be supplied to be eligible for this $4 per ton rebate program. Copies of the receipts will suffice for the Countys' purposes. Documentation should be sent to: Richard Schneider ' Dept. of Environmental Services 600 E. 4th St. Carver County Courthouse Chaska, Minn. 55318 Residentially recycled materials eligible for this funding are as follows: Newspaper Glass Mixed metal Household goods ' Waste oil Aluminum Steel beverage cans Corrugated (Cardboard) Tin Clothing Waste paper Plastics To be eligible for the rebate, the city, township, organization or person(s) must have recycled a minimum of 1 ton of .material during the calendar year. (This minimum will go into effect beginning calendar year 1989. ) Every entity that exceeds the 1 1 1 1 1 CARVER COUNTY RECYCLING LEDGER This form is to be used to provide the amounts of total waste recycled annually in Carver County.You may fill out the form per I trip, weekly, monthly, or annually, but please provide receipts from the redeemer whenever possible. II Please fill in the following information whenever you: 1 ) bring your recyclable materials to organizations outside the county for redemption; (whether financially reimbursed or not) ; 2) bring your recyclable materials to an industry or business in I Carver County, which uses the recyclable goods as a raw material for its industrial or commercial process, or prepares it for such use as a raw material ; II (NOTE: If you redeem or donate your recyclables to another recy- cling group in the county, please indicate this in the comment section. This will allow us to avoid double counting, but will I still provide you with the credit for materials recycled, should a county program rebating recyclers for amounts obtained ever be implemented. IYOUR NAME/ORGANIZATION- ■ ,, „• -. - . YOUR ADDRESS- (/) /Q CC�L4_, ,',_ x9T s5it1 V loner .E16 1161-AL ITEMS RECYCLED AMOUNT(lbs . or tons TAKEN TO: I Cam. 9 5 . o.;j G =2 t lotrs e t.. 2o5 .01 )„JA. I 3 •--)Q._ I When possible, please note amounts(in weight) for individual com- munities. COMMENTS/SUGGESTIONS 1 SIGNATURE- ),-7Vj--� G‘:,e4. ■ DATE- I Send to: Richard Schneider Please call Recycling Program Coordinator 448-3435 Carver County Courthouse Ext. 248 IIChaska, Minn. 55318 for help or forms ; 1 11 CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT Month Afea Recycler: ' Total Total Material Curbside Tonnage Dropoff Tonnage Glass ' 2 ) 19 ' Newspaper CAS rxz e Aluminum eC Bi-Metal IPlastic Tin • • Cardboard ' Other IParticipation Rate: _ - /i+- / , "1 l - °IG� Signature Date 1. Please mail your monthly statement by the 15th of the month. ' 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . I • 3. If your program is not operated at least monthly, please send the report when applicable. ' 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your ' center during the monthly time period. 5. Questions should be' directed to Rick Schneider, 448-3435 Ext. 248. 1 Return this form to: Rick Schneider, Recycling Coordinator Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 II IICARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT C!l l C - Month: tCW Recycler: " ' I Total Total Material Curbside Tonnage Dropoff Tonnage Glass Newspaper /Gy4.0 2-Co Aluminum oZ 7J5 • i Bi-Metal Plastic Tin 1 Cardboard Other Participation Rate: I nv5-1 1 - 2- IG Signature Date 1. Please mail your monthly statement by the 15th of the month. Y Y Y nth. ' 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . 3. If your program is not operated at least monthly, please send the report when applicable. ' 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your ' center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 1 I _ CARVER COUNTY RE CYCLING PROGRAMS MONTHLY TONNAGE REPORT 1 Month: J 1713 dl Ci Recycler: !'4 T ' Total Total Material Curbside Tonnage Dropoff Tonnage Glass INewspaper/ ,7 -251 ' Aluminum _ Bi-Metal IPlastic • Tin Cardboard Other Participation Rate: Signature Date 1. Please mail your monthly statement by the 15th of the month. ' 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . 3. If your program is not operated at least monthly, please send the report when applicable. 4. Participation Rates: I Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your ' center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 II 1 CARVER COUNTY RE C Y CL 2 NG PROGRAMS MONTHLY TONNAGE REPORT G► 1 O C 't E-�1J5�12�`�-S Month: L4 Li / cl 31 Recycler: Total Total Material Curbside Tonnage Dropoff Tonnage Glass - 2j • Newspaper Aluminum Io Bi-Metal 3 ' Plastic • Tin Cardboard „ So Other Participation Rate: 4 i _ 1 z 9_0 Signature Date 1 1. Please mail your monthly statement by the 15th of the month. 1 - 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . ` 3. If your program is not operated at least monthly, please send the report when applicable. 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 II r , . CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT I C i 6•E Month: , `L/16 vi �_ V167 67 IRecycler: W ""-'! r 1-1G 1 I Total Total Material Curbside Tonnage Dropoff Tonnage Glass zg IINewspaper )�? Aluminum Bi-Metal -q 111 Plastic Tin ,61 Cardboard Other i 11 Participation Rate: 676 Signature Date 1. Please mail your monthly statement by the 15th of the month. 11 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . - r 3. If your program is not operated at least monthly, please send the report when applicable. 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator ' Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 II i CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT Month: ' Recycler: y ) T ' Total Total Material Curbside Tonnage Dropoff Tonnage Glass Newspaper t °1 1,1 Aluminum • S2_ f Bi-Metal rPlastic I - I Tin Cardboard • t3 ' Other IIParticipation Rate: II Signature Date 1 1. Please mail your monthly statement by the 15th of the month. 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . ' 3. If your program is not operated at least monthly, please send the report when applicable. ' 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. ' Drop-off - Please indicate how many people utilize your center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. i Return this form to: ■ Rick Schneider, Recycling Coordinator i Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 1 CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT Month: ' Recycler: )7-11 -17=> �' T Total Total Material Curbside Tonnage Dropoff Tonnage Glass Al i 1 Newspaper I O (-1 Aluminum 1 j Bi-Metal j Plastic i Tin Cardboard Other II - 1Participation • Rate: t II Signature Date 1. Please mail your monthly statement by the 15th of the month. 1 - 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . 3. If your program is not operated at least monthly, please send the 111 report when applicable. 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator ' Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 1i `i " CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT Month: --" i 1 Recycler: i'` 71'i 1`-1 ' Total Total Material Curbside Tonnage Dropoff Tonnage Glass kb IINewspaper ' Aluminum j2 Bi-Metal • Plastic Tin II I Cardboard 5) I Other f ' Participation Rate: 1 II Signature Date 1. Please mail your monthly statement by the 15th of the month. 1 - 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . ` 3. If your program is not operated at least monthly, please send the report when applicable. 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator Carver County Courthouse, Box 3 600 East Fourth Street Chaska, MN 55318 CARVER COUNTY RECYCLING PROGRAMS MONTHLY TONNAGE REPORT 61 fl Cf L-�'t�J►-�t t1 i - \ Month: 11 le,"- 1 1 ' Recycler: ' Total Total Material Curbside Tonnage Dropoff Tonnage Glass 1 Newspaper Aluminum ' Bi-Metal ' Plastic Tin ` v� ICardboard Other 1 - Participation Rate: ISignature Date ' 1. Please mail your monthly statement by the 15th of the month. ' 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . 3. If your program is not operated at least monthly, please send the ' report when applicable. 4. Participation Rates: Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your ' center during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator ' Carver County Courthouse, Box 3 600 East Fourth Street • Chaska, MN 55318 If y ICARVER COUNTY RE C Y CL Z NG PROGRAMS MONTHLY TONNAGE REPORT .- Month: :� � 7=1ti �� . IIRecycler: -- -n I Total Total Material Total Tonnage Dropoff Tonnage Glass 4 I Newspaper IAluminum ? • Bi-Metal II - Plastic Tin .-)Q 1 ' Cardboard ,Tcc I Other 1Participation Rate: - ,/Y-r--l. I."- p)- 1 I - I c _ `fC_, Signature Date II . 1. Please mail your monthly statement by the 15th of the month. I - 2. If actual tonnages aren't available, please give your best estimates (no documentation need be sent) . I 3. If your program is not operated at least monthly, please send the report when applicable. 4. Participation Rates: I - Curbside Programs - Please indicate how many households on each program. Drop-off - Please indicate how many people utilize your Icenter during the monthly time period. 5. Questions should be directed to Rick Schneider, 448-3435 Ext. 248. Return this form to: Rick Schneider, Recycling Coordinator I Carver County Courthouse, Box 3 600 East Fourth Street Chaska, MN 55318 Ii `:costa .13n1^-ment_3rivI•oe 1 A Waste Mannnement Company Savage, 144!!.7 I ' April 17, 1989 City of Chanhassen ssen 690 Coulter Drive ' Chanhassen, MN 55317 Attention: JoAnn Olson Dear JoAnn: As per your request, please find listed below weights of the materials ' picked up by Waste Management-Savage on Saturday,44pV .4 53,J989. Newspaper & Cardboard 14.25 tons ' Cans 800 lbs. Glass 6,220 lbs. s I am also happy to report to you that an alternate paper storage facility ' became available to us. We were, thus, able to avoid landfilling the paper. We are as yet unsure what the future holds for the paper market. I am sure that some alternate plan of attack will surface before May 1, 1989. ' My staff and I look forward to working with you and the City of Chanhassen in bringing a successful recycling project. ' Sincerely, WASTE MANAGEMENT-SAVAGE Steve/Christ • ' Operations Manager SC/nmb APR 19 1989 CITY OF CHANt•+ ueh Waste Manac 3:11-3avac 12448 Pennsytv-,:a Avenue Suuin Savage, Minnesota 5E373 A Waste Management Company ' 612/890-1100 ,hJ.23 , 1 ' - MAY 1989 MONTHLY RECYCLING REPORT CITY OF CHANHASSEN 1 TOTAL TONS COLLECTED: 33.60 MATERIAL TONS VENDORS 1 Newspaper/Cardboard 26.21 Waldorf Corporation Glass 5.04 Anchor Glass 1 Cans 2.35 American Iron 1 1 1 1 1 1 1 1 7 z R i ..4 7.1 JUN 2 21989 1 A Division of G&H Sanitation.Inc. ©es CITY OF CHANHASSEN 12045 Pen151v. ':.i 4VCni:2.�,v;:it'i /Q. Savage.:Mna;;: :a�SS?o A Waste Management Company S12:990-110.1 N!!!:7 I I 1 MONTHLY RECYCALING REPORT - 111 CITY OF C.f■Lt, k))0r J.J ALJ MONTE OF'".114 3,129 ^ 29 TOTAL TONS COLLECTED: :)C7.`?C.) ' MATERIAL TONS VENDORS Newspaper/Cardboard `"i ✓ / Waldorf Corporation Glass . f Anchor Glass Cans c American Iron I I I I 1 . ' -- - -- = JUL 191989 ICLIX OF CHANHASSEN ...._. _ . 3'.. I:.Ull . • .l,i i - 11 . ' - Waste Macao:_=.meat—Savage . 1 12448 Pennsylvania Avenue South I Savage,Minnesota 5378 612/890-1100 A Waste Management Company ‘Z1 1 I 1 IMONTHLY RECYCLING WORT CITY OF ,j lihA j,�jy(J iMONTH OF r).- r ITOTAL TONS COLLECTED: ) i • • MATERIAL TONS VENDORS Newspaper er )C� . I p p Waldorf Corporation IIGlass l"i• 11 n Anchor Glass Cans / . (' American Iron Cardboard a Waldorf Corporation II r 11 I _-Ji-, AU G 16 1989 ' ICITY OF CHANHASSEN it IA D°.:won 01 t3:H San;tation • • :•e• I August 1989 Chanhassen Curbside Pick-Up Sep. 5, 1989 Page 1 IPick Up Zone House Count Newspaper Glass Tin Aluminum Cardboard Total I08-02-89 1,3 170 2.04 .46 .08 .05 `. .06 2.69 08-03-89 %4 172 1,66 .37 .07 .04 .05 2.19 I08-09-89 1 164 1.41 .32 .06 .04 .03 1.86 236 2.23 .50 .09 .06 .05 2.93 I • 400 3.64 .82 .15 .10 .08 4.79 08-10-89 Z 248 2.80 .63 .11 .07 .07 3.68 I08-16-8° 3 174 1.66 .37 .07 .04 .04 2.18 I08-17-89 4 197 1.82 .41 .07 .05 .04 2.39 08-23-89 1 144 1.47 .33 .06 .04 .04 1.94 253 2.30 .52 .09 .06 .06 3.03 I397 3 77 .85 .15 .10 .10 4.97 I08-24-89 262 2.33 .52 .09 .06 .06 3.06 08-30-89 3 185 1.79 .40 .07 .05 .05 2.36 I08-31-89 4- 194 2.00 .45 .08 .05 .05 2.63 s°=== ====s esss= =ss=== I2,399 23.51 5.28 .94 .61 .60 30.94 I Waste Management - Savage g 12448 Pennsylvania Ave S ISavage, MN 55378 I I I I I SEP 113989 ICITY OF CHANHASSEN Chanhassen Cultsiju T.Ick- D Ir :.-.L. 3. 190 Fie 1 Date Zone House Count Newspaper Glass Tin flii7111;U Cardboard rozal 1. ) 09-07-89 1 2:0 2.37 - .S: .09 .oc .07 :.12 I 110 :40 1.11 3.48 .25 .J4 .;.Y .10 4.5S 09-CS-89 2 154 1.92 .43 .D8 ..DE .04 2.52 09-12-89 3 1:.-.0 1.72 .28 .07 .05 .04 IC9-14-29 LI 182 2 .10 .1.5c= .07 2.19 . 09-20-89 1 230 2.50 .5b .10 .07 .0b 3.29 1 1 150 1.25 .28 .05 .03 .04 I.b5 --..7.7. .lo 4.94 .;.:w ... .. . I ..._,. .,==D .11 .07 . 3.50 I - -.:.- .....,:: •i ''7 , -,.. .41 .,1- ..7; -r ... ;: I - -, ‘. ,. ----- 4.4i .- . - ...... .- ::.., ' 1 I I I I - I I I I I 1 . 111. October 1989 Chanhassen Curbside Pick-Up Nov. 2, 1989 Page 1 IDate Zone House Count Newspaper Glass Tin Aluminum Cardboard Total 1 (,: 10-04 1 231 2.39 .54 .09 .GE: .07 3.15 1 110 1.06 .24 G4 G3 .02 1.39 I341 3.45 .78 .13 .09 .09 4.54 10-05-89 2 218 2.58 .58 .10 .07 .07 3.40 Iid , I0-11-89 3 180 1.74 .39 .07 .05 .04 2.29 • T 10-12-89 4 I80 1.47 .33 .06 .04 .04 1.94 ,_ I1 : I0-18 I 275 2.39 .54 .09 .06 .07 3.15 165 1.71 .38 .07 .05 .04 2.25 440 4.10 .92 .16 .11 .11 5.40 -- 0-19-89 Z 225 2.66 .60 .11 .07 .06 3.50 I10-25-29 3 170 1.57 .35 .06 .04 .04 2.06 i- 10-26-09 t 200 2.01 .45 .08 .05 .06 2.65 :::: 1 1,954 19.58 4.40 .77 .52 .51 25.78 i I I I I I ill . I II NOVEMBER 1989 Chanhassen Curbside Pick-Up IDec. 4, 1989 Page 1 Date Zone Nouse Count Newspaper Glass Tin Aluainus Cardboard Total -------- ---- -- I11-01-89 220 2.39 .54 .09 .06 .07 3.15 160 I.52 .34 .06 .04 .04 2.00 1 380 3.91 .88 .15 .10 .11 5.15 I11-02-89 225 2.84 .64 .11 .07 .08 3.74 11-08-89 170 1.74 .39 .07 .05 .04 2.29 11-09-89 180 1.90 .43 .08 .05 .04 2.50 11-15-89 135 1.14 .26 .05 .03 .02 1.50 I210 2.52 .56 .10 .07 .06 3.31 345 3.66 .82 .15 .10 .08 4.81 ill11-I6-89 189 2.39 .54 .09 .06 .07 3.15 11-22-89 130 1.47 .33 .06 .04 .03 1.93 1 11-24-89 55 .62 .14 .02 .02 .02 .82 ill , 11-29-89 100 1.52 .34 .06 .04 .04 2.00 250 2.80 .63 .11 .07 .07 3.68 350 4.32 .97 .17 .11 .11 5.68 1 11-30-89 275 2.90 .65 .11 .08 .07 3.81 111 2,299 25.75 5.79 1.01 .68 .65 33.88 I I I I 1 I DECEMBER 1989 Chanhassen Curbside Pick-Up IIJan. 5, I990 Page 1 Date Zone House Count Newspaper Glass Tin Alusinum Cardboard Total II I2-06-89 228 2.09 .47 .08 .06 .05 2.75 1 12-07-89 3I0 3.28 .73 .13 .09 .08 4.31 I2-13-89 95 1.06 .24 .04 .03 .02 1.39 I197 2.01 .45 .08 .05 .06 2.65 . 292 3.07 .69 .12 .08 .08 4.04 1 I2-14-89 200 1.88 .42 .07 .05 .05 2.47 12-20-89 247 1.31 .29 .05 .03 .04 1.72 II12-21-89 227 1.50 .33 .06 .04 .04 1.97 I12-28-89 317 2.50 .56 10 .07 3.29 12-29-89 264 2.26 .51 .09 .06 .06 2.98 2,085 17.89 4.00 .70 .48 .46 23.53 II 1 II I I It 1 II II CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. cc. A Attorneys at Law Thomas.).Campbell Roger N. Knutson Thomas NI. Stott ((,I?) 150-)5�) (i,tn G. hulls (hl_') 456-' i-}, James R. Wtlston Elliott I3. Knetsch Dennis J. Unger January 11 , 1990 I District Court Administrator Carver County Courthouse 600 East 4th Street Chaska, Minnesota 55318 Re: Steven T. and Nancy L. Anderson, et al vs. City of Chanhassen, et al Court File No. 87-22730 Dear Sir/Madam: Enclosed herewith for filing in the above matter, please find Notice of Filing Order, together with affidavit of service. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Elliott B. Knetsch EBK:srn Enclosure cc: 'itch Ashworth 11 Paul Krauss Jo Ann Olsen I I JAN 121999 CITY OF CHANHASSEN Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Knutson (hl?) 4;h-<))1<) Thonc M. Scott I,i snnilr (O1?) 45h-`)74_' Gary G. Fuchs James R. Walston Elliott B. Knetsch Dennis J. Unger January 11 , 1990 i Mr. Alonzo B. Seran OLSON, GUNN AND SERAN, LTD. Attorneys at Law 315 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 Re: Steven T. and Nancy L. Anderson, et al vs. City of Chanhassen, et al Court File No. 87-22730 Dear Mr. Seran: Enclosed herewith and served upon you by United States Mail please find copy of Notice of Filing Order in the above matter. Very truly yours, 11 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY: Elliott B. Knetsch EBK:srn Enclosure 11 cc: -kDon Ashworth ' Paul Krauss Jo Ann Olsen I 11 Yankee Square Office 111 • Suite 202 • 3 60 Washington Drive • 55122 �1 4 �, c. • Eagan, MN 551.. STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE 10: OTHER CIVIL Court File No. 87-22730 Steven T. and Nancy L. Anderson, et al Plaintiffs, vs. NOTICE OF FILING ORDER City of Chanhassen, et al Defendants. TO: Steven and Nancy Anderson, et al, and their attorney, Alonzo ( B. Seran, 315 Peavey Building, 730 Second Avenue South, Minneapolis, Minnesota 55402 PLEASE TAKE NOTICE, that on the 8th day of January, 1990, the Honorable Philip T. Kanning, Judge of the District Court, made and entered his order in the above-entitled matter, a copy of which is attached hereto. Dated: January 11, 1990. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY: /s/ Elliott B. Knetsch Elliott B. Knetsch Attorneys for Defendants 3460 Washington Drive Suite 202 Eagan, Minnesota 55122 (612) 456-9539 Attorney Reg. No. 168130 I I I r conducted based upon the municipal proceedings records, without submission of additional evidence at trial. 2. That the trial set for January 9, 1990, is stricken from the calendar presently. 3. That Defendants' motion for a protective order barring further discovery is granted. 4. That the attached memorandum of law be incorporated herein. I Date: January ? , 1990. BY THE COURT: ''411111i- 111. Ph T. 'anning, , dge. I 1 _ I 1 I 1 1 I Memorandum Plaintiffs, residential home owners in Sunny Slope Addition, Chanhassen, MN, and members of the Sunny Slope Homeowner's Association, have a fee interest in Lot 37 of the Sunny Slope Addition development. Lot 37 is a vacant lot, 55 feet wide by 110 feet long, lying on the shore of Lake Riley with 50 feet of shoreline. Plaintiffs desire to use the property for recreational purposes, including the installation of a dock for watercraft usage. The zoning covering lot 37 is Single Family Residential District. The City of Chanhassen adopted a "Beachlot Ordinance, " ' Ordinance 47AB, on January 18, 1982, regulating the use of lake shore property for overnight camping, boat storage, and boat docking. Permanent or seasonal docks are permitted only on lots having 100 or more feet of shoreline. Existing beachlot usage as to docking was permitted through a grandfather clause. 1 In 1984 the Homeowner's Association purchased a seasonal dock and installed it on Lot 37. The City informed the Homeowner's Association that such usage was prohibited by Ordinance 47AB. The Homeowner's Association then applied to the City, on July 10, 1984, for a conditional use permit and a zoning variance for a seasonal dock on Lot 37. The Chanhassen Planning Commission held a public hearing concerning the matter on August 8, 1984 . The use permit was denied, and the Commission recommended that the variance request also be denied. The Homeowner's Association withdrew its requests the following spring. II Another conditional use permit and zoning variance were again requested by the Homeowner's Association in February of 1986. The Planning Commission recommended denying the requests to the City Council. The Council held a hearing on April 21, 1986, heard the Homeowner ' s Association' s presentation, and subsequently did deny the requests. I • The City of Chanhassen amended the Beachlot Ordinance in July, 1986, and again in February of 1987. The new Ordinance prohibits seasonal or permanent docks on recreational beachlot property, such as Lot 37, unless the lot contains 200 lineal feet or more shoreline, 100 feet in depth and is 30, 000 square feet in area. Overnight storage of watercraft on docks or land is prohibited unless dockage requirements are met, and the number of watercraft which may be maintained is limited to three. On March 9, 1988, the Sunny Slope Homeowner's Association again applied for a conditional use permit for Lot 37 and for a Zoning variance to allow them to maintain a dock on the Lot. Two public hearings were held before the Chanhassen Planning Commission on the application. Notice was given to Plaintiffs, and representatives 1 • of the Association attended the hearings. The City Planning g • y n g Staff submitted a planning report to the Commission on the matter. Plaintiffs were given opportunity to be heard and present any evidence, without time limits, at the meetings. The Association chose not to present expert evidence at these meetings and proceeded without counsel. The meetings were taped and accurate verbatim transcripts produced. The Commission ultimately recommended denial of the conditional use permit to the City Council. The City Council for Chanhassen held a public hearing concerning the application on April 25, 1988. Notice of the hearing was given to Plaintiffs and property owners within 350 feet of Lot 37. Plaintiffs, Association members, again elected to forego expert testimony or legal counsel but provided a presentation to the Council. The Planning Staff gave its report to the Council. After all persons wishing to be heard had spoken, the Council decided to have the City Attorney prepare Findings of Fact consistent with a denial of the application. Again, the meeting was taped and an accurate verbatim transcript of the meeting was produced. On May 23, 1988, the City. Council then voted to deny the Homeowner's Association's application for a conditional use • permit and zoning variance, pursuant to the previously prepared written Findings of Fact. As their next course of action, Plaintiffs filed a Declaratory Judgment Action with the District Court. Defendants, the City of Chanhassen, brought this motion for an order declaring that the municipal hearings were full, II fair and complete, with accurate, verbatim transcripts of the proceedings existing, and that the record is therefore complete; for an order requiring the review of the matter by the District Court to be based upon the records of the municipal proceedings ' without the submission of additional evidence; and for a protective order halting further discovery. I _ The Court will first consider the City of Chanhassen's motion which seeks to have the municipal proceedings and accompanying transcripts of these hearings declared to be a full, and complete hearing upon which judicial review may advance. The court's role in reviewing zoning matters decided by the local authority is limited: "The court's authority to interfere in the management of municipal affairs is, and should be, limited and sparingly invoked. " Swanson v. City of Bloomington, 421 N.W.2d 307, 311 (Minn. 1988) quoting White Bear Docking and Storage, Inc. v. City of White Bear Lake, 324 N.W.2d 174, 175 (Minn. 1982) . Therefore, "except in those rare cases in which the city's decision has no rational basis, ' it is the duty of the judiciary to exercise restraint and accord appropriate deference to civil 2 • 11 I • authorities in the performance of their duties. "' Swanson, 421 N.W.2d at 311 quoting Honn v. City of Coon Rapids, 313 N.W.2d 409, 417 (Minn. 1981) . The standard of review used upon review by the District Court will be whether the zoning authority acted reasonably, or in an arbitrary, capricious manner. See Swanson, 421 N.W.2d at 311. ' In determining the scope of and conducting its review on the City's zoning and use decision, the District Court is to consider: ' "the nature, fairness and adequacy of the proceedings at the local level and the adequacy of the factual and decisional records of the local proceeding. Where the 1 municipal proceeding was fair and the record clear and complete, review should be on the record. " Swanson, 421 N.W.2d at 312-313. ' A fair and complete record will consist of an accurate verbatim transcript of the proceedings along with contemporaneous, formal proposed findings of fact. Swanson, 421 N.W.2d at 313. The receipt of any additional evidence is to be had only on the substantive issues raised before and considered by the municipal body, and only when the court determines that such additional evidence is material and there were good reasons why such evidence was not presented to the municipal body itself at the original hearing. Swanson, 421 N.W.2d at 313. Turning to the case before this Court, it is necessary to determine for the purposes of this motion whether a fair, accurate and complete record of the municipal hearing exists or whether additional evidence need be submitted to the Court for ' review. Initially, the Court notes that accurate, complete verbatim transcripts of the various relevant municipal proceedings exist as produced from tape recordings of the meetings. These transcripts have been provided to the Court. Contemporaneous findings of fact were drawn up and approved by the City Council. Thus the question becomes whether those hearings were fair to all participants. Four meetings were held I at which time Plaintiffs and the City were given the opportunity to present their case to the Chanhassen Planning Commission and the Chanhassen City Council respectively. Notice of these hearings was provided to Plaintiffs, to property owners within 350 feet of Lot 37, and additionally was published in the local newspaper. Plaintiffs were given the opportunity to present any evidence they so chose, including studies, and expert and citizen opinions, and to question and react to committee member comments and other evidence presented. No time limits were placed upon such presentations. Plaintiffs apparently made the decision to proceed without legal counsel or expert opinion. Based upon these 3 11 ir considerations, the Court cannot now say that the municipal proceedings were unfair toward Plaintiffs. Therefore, the Court determines that its judicial review of this matter will be conducted based upon the municipal proceedings records. Finally with respect to the scope of judicial review, Plaintiffs seek to bring before the Court additional evidence on substantive issues not presented to or considered by the Planning Commission or City Council. Furthermore, the Court has not been convinced by Plaintiffs that they had good reason for failing to present such evidence originally to the Commission or Council. Thus, such evidence will not be considered in review by this Court and Defendants' motion for a protective order halting further discovery is granted accordingly. 1 P(X i 1 1 1 1 1 1 1 1 1 4 • 1 1 1 CITY OF 1 , CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 January 18, 1990 i 1 Northern States Power Company Attn: Mr. Larry Fortun P.O. Box 10 11 Excelsior, MN 55331 Re: Frontier Trail Upgrade Project No. 89-10 Dear Mr. Fortun: As you may or may not be aware, the City of Chanhassen is currently preparing construction documents for the reconstruction of Frontier Trail from Highland Drive north to Kiowa Circle. This reconstruction will follow its current alignment. The road section, however, will be removed and replaced to meet current City standards including concrete barrier curb and gutter and additional storm drainage facilities. The City also intends to replace and repair certain segments of the sanitary sewer and watermain in this area in an effort to upgrade these underground ' facilities. The City is very interested in reducing the potential for underground utility repairs once the new road surface is in place this summer. Enclosed you will find a copy of our preliminary 'construction ° documents which show the proposed construction scope with the exception that the sidewalk may be constructed on the other side of the street. The City is requesting that you review your utilities within the project area and strongly encourage you to update your facilities as appropriate during this construction program. This will be an excellent time for you to accomplish this since the roadway surface will be totally replaced and you would therefore not encounter any cost for the resurfacing. 1 Please contact me concerning any plans you may entertain for upgrading your utilities in this area in concert with the City 's project. Similarly, we would appreciate your input concerning any coordination of the project with your existing facilities. As you can imagine, the City will be faced with a coordination and access challenge on this project due to the residential I I ' January 18, 1990 Page 2 11 setting we are in . We want to minimize the inconvenience as much as possible to the local residents and therefore seek your help at this time. The City is looking to an April letting of this project and we therefore would appreciate the courtesy of your response no later than February 16 , 1990 . Thank you for your cooperation in this matter. I look forward to hearing from you. ' Sincerely, CITY OF CHANHASSEN I r f Ilr---� Ga Warren, P.E. ' C . y En• .neer GGW: tm Enclosure: Plan set dated January 17, 1990. c: Bill Engelhardt City Council Administrative Packet (1/22/90 ) 1 11 I CITY Q 11 . CHANHASSEN . ,, , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 January 18, 1990 ' Re: Frontier Trail Upgrade Public Information Meeting Project No. 89-10 Dear Property Owner: This letter is to inform you that on Tuesday, February 6, 1990 from 6: 30 p.m. to 8: 30 p.m. at City Hall Council Chambers you are invited to attend a public information meeting to review the ' preliminary construction plans for the upgrading of Frontier Trail. City staff and our consultant, Bill Engelhardt, will be available to review with you the details of the construction plans as it relates to your property. ' The project plans are coming together well and we are on schedule for an early spring start up of the construction activities . We are very interested to share with you the project specifics as they currently stand and to discuss any concerns you may have on the project. Specifically, we would appreciate your coming prepared to provide us with any information you may have relative to sprinkler systems and other features which lie within or near the City right-of-way and which may be impacted by the construction. ' Similarly, we are interested to learn as specifically as possible the location of your property's foundation drain and/or sump pump 11 discharge. Our desire is to be able to make provisions in the construction documents to receive those properties interested in connecting their foundation drain/sump pump discharges into the new storm sewer system which is planned to be built with this 11 project. As many of you are aware, City ordinances restrict clearwater discharges from entering the City's sanitary sewer system; however, the City has not strictly been able to enforce this ordinance for various reasons (see attached Ordinance No. 19-130) . I would anticipate that sometime in the near future, as wastewater treatment costs continue to escalate, that a more aggressive posture may be taken on enforcing this ordinance. I I I ' January 18, 1990 Page 2 ' This would therefore be a very opportune time for you to connect your foundation drains into the storm sewer system and be rid of the problem once and for all . I therefore strongly encourage you to consider making this connection and working with us in this regard. I look forward to seeing you at the public information meeting. If you have any questions in the meantime, please feel free to call. Sincerely, CIT OF CHANHASSEN v V ' ar G. Warren, P.E. City ngineer GGW:ktm Attachment: Section No. 19-130 of Chanhassen City Code. ' c: City Council Administrative Packet (1/22/90 ) Engelhardt and Associates 1 1 I r § 19-129 CHANHASSEN CITY CODE public sewage treatment system being considered. No new connections or flow increases will be permitted two(2)years following start up of community sewage treatment systems that employ a drainfield or other soil-absorption system. (Ord.No.5-A, § 2.01(b), 1-13-86) Sec. 19-130. Regulations for use of public sewer. (a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater,roof runoff,subsurface drainage,cooling water to any community sewer system. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the city. Except as ' hereinafter provided,no person shall discharge or cause to be discharged any of the following described waters or wastes to any"201"Sewer: ' (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees. ' (2) Any water or waste which may contain more than one hundred (100) parts per million by weight,of fat,oil,or grease. (3) Any gasoline,benzene,naphtha,fuel oil,or other flammable or explosive liquid,solid or gas. (4) Any garbage that has not been properly shredded. ' (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, or any other solid or viscous substance capable of causing ' obstruction to the flow in sewers or other interferences with the proper operation of the community disposal system. ' (6) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structure, equip- ment and personnel of the community disposal system. ' (7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the community ' disposal system. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a)of the Act. (B) Any noxious or malodorous gas or substance capable of creating a public nuisance. (9) Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed,including wastes which may affect and prohibit the permeability of soils such as dairy products or blood. (10) Wastes which,due to characteristics,or strength,result in the violation of the city's ' NPDES or SDS permit. 1088 I Malcolm A. & L. MacAlpine William C. & B. Arons Joseph & Katheleen Witkew II 7187 Frontier Trail 7211 Frontier Trail 7210 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, rN 55317 IWilliam R. & Marcia K. Shirley Donald D. & J. Ring Robert A. & C. Scholer 7189 Frontier Trail 7200 Kiowa Circle 7212 Frontier Trail IIChanhassen, NN 55317 Chanhassen, NN 55317 Chanhassen, NN 55317 IIJohn C. & S. Reger Robert Downs & Susan Hansen Gary D. & Kay L. Boyle 7191 Frontier Trail 7202 Kiowa Circle 7214 Frontier Trail Chanhassen, PIN 55317 Chanhassen, MN 55317 Chanhassen, PIN 55317 II il Mary Jane Frill William S. & Susan M. Boyt Harold & Leona Kerber 7193 Frontier Trail 7204 Kiowa Circle 7216 Frontier Trail Chanhassen, PIN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 II William & Mary Ann Schepers Charles H. & Ursula Dimler Travis H. & Duaine L. Hull II 7195 Frontier Trail 7203 Kiowa Circle 7218 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, PIN 55317 IIHelen L. Loebl Donald K. & C. Sueker Joel S. & Mary G. Jenkins 7197 Frontier Trail 7194 Frontier Trail 7226 Frontier Trail 1 Chanhassen, NN 55317 Chanhassen, MN 55317 Chanhassen, bN 55317 IIDonald Jr. & K. Miller Peter J. Huber Paul & Ellen Differding (for 7199 Frontier Trail) 7196 Frontier Trail 7228 Frontier Trail 13473 Winchester Place Chanhassen, MN 55317 Chanhassen, NN 55317 IIEden Prairie, NN 55344 1 Rolf G. Engstran Jack D. & F. Barnes Thomas & Kathleen O'Leary 7201 Frontier Trail 7198 Frontier Trail 7230 Frontier Trail Chanhassen, MN 55317 Chanhassen, NN 55317 Chanhassen, MN 55317 II Alice L. Barker Brock Evelyn L. Bakke Sunrise Hills Association I 7203 Frontier Trail 7200 Frontier Trail c/o Joel Jenkins, President Chanhassen, MN 55317 Chanhassen, MN 55317 7226 Frontier Trail Chanhassen, MN 55317 II Steven & Therese Berquist Dave W. & B. Halverson James R. & L. Kraft II7207 Frontier Trail 7206 Frontier Trail 7213 Frontier Vail Chanhassen, NN 55317 Chanhassen, MN 55317 Chanhassen, NN 55317 Walter & H. Bielski Timothy J. & Ginger Murray Bruce K. & S. Savik 7209 Frontier Trail 7208 Frontier Trail 7215 Frontier Trail IIChanhassen, NN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Richard & K. Friedlander Kenneth R. & Lois J. Groen 7301 Frontier Trail 7329 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 IIDavid J. Wollan & Richard & G. Pearson Susan K. Lippka 7307 Frontier Trail ' 7303 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 II Don W. Loftin & Myra M. Parish Wayne L. & K. Mader 7305 Frontier Trail 400 Highland Drive Chanhassen, MN 55317 Chanhassen, MN 55317 ' Robert & C. Sdzoler Donald M. & D. Huseth 7212 Frontier Trail 7332 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Robert H. & J. Grodahl James J. & R. Waletski 1 7220 Frontier Trail 7334 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Robert K. & Patty L. Lehman John P. & R. C. Spalding pa 9 7341 Frontier Trail 7336 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 IIArils A. Bovy James & Linda Mady 7339 Frontier Trail 7338 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 I Richard & Jennifer Kedrewski Thomas R. & S. Pzynski 7337 Frontier Trail 7340 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 1 Fred L. Cuneo, Jr. Bonnie J. Roening & I7335 Frontier Trail Cecil H. Nelson Chanhassen, MN 55317 401 Highland Drive Chanhassen, MN 55317 Joel M. & Wendy M. Wiens Morlais Jr. & June T. Hughes I7333 Frontier Trail 7343 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 IISusan L. Johnson City of Chanhassen 7331 Frontier Trail 690 Coulter Drive Chanhassen, MN 55317 Chanhassen, MN 55317 CITY OF CHANHASSEN . . • . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM: TO: Park and Recreation Commission ' FROM: Lori Sietsema, Park & Recreation Coordinator DATE: January 17 , 1990 ' SUBJ: Next Meeting The focus of the next Park and Recreation Commission meeting will be to interview Commission candidates. As applications will be accepted through January, we will not be able to do so at our ' regularly scheduled meeting on January 23rd. Therefore, the January meeting has been cancelled and interviews will be held at the regular meeting Tuesday, February 13th. Please call me at ' 937-1900 if you are unable to attend or if you have any questions. 1 1 1 I 8ENDA PARK -RECREATION COMMISSION CHANHASSEN CITY HALL, 690 COULTER DRIVE 0� Tuesday, February 13, 1990 7: 30 P. M. 1 . Call to Order 2. Appoint Acting Chair , Larry Schroers. N� 3. Approval of January 9, 1990 Minutes. 4. Park and Recreation Commission Candidate Interviews. ~~ - Sue Boyt - Ed Hasek (So Far ! ) N� - Jan Lash 5. Review Comprehensive Land Use Plan G. Review revised cost estimates for Lake Susan Park. 7. Review Carrico Site Plan N� 8. U.S. Olympic Festival Update. 9. July 4th Contracts - Band - Fireworks 10. Commission Presentations 11. Administrative Section N� ADMINISTRATIVE SECTION Letter to Steve Keefe dated February 5, 1990. City of Chanhassen Capital Assistance Grant Proposal dated February 6, 1990. Public Safety Commission Minutes dated January 11, 1990. ' Letter to Ryan Construction Company of Minnesota dated January 11, 1990. Memo to Mark Littfin dated January 16, 1990. Letter to Ms. La Gretta Stegner dated January 15, 1990. Letter to Sheriff Al Wallin dated January 12, 1990. Letter to Don Ashworth dated January 17, 1990. Memo from Scott Harr to Jim Chaffee dated January 15, 1990. Minutes of the Regular Meeting of the board of Managers of the Riley-Purga- tory-Bluff Creek Watershed District dated December 6, 1989. Public Safety Department Meeting Minutes dated January 19, 1990. Letter to Michael spielman dated January 19, 1990. letter from Leonard W. Levine dated January 18, 1990. ' Article from Star Tribune dated January 26, 1990. Letter from Metropolitan Waste Control Commission dated January 25, 1990. Letter to Don Ashworth dated January 31, 1990. ' Letter to Rosemount, Inc. dated February 2, 1990. Letter from Minnesota League of Cities dated February 2, 1990. ' Invitation to Chanhassen Library Remodeling Celebration dated February 12, 1990. Letter to Don Ashworth dated January 31, 1990. H.R.A Accounts Payable dated February 12, 1990. Memo to Don Ashworth dated February 5, 1990. Letter to Roger A. pauly dated January 31, 1990. ' Memo to Don Ashworth dated February 1, 1990. Memo to Don Ashworth dated February 5, 1990. Memo to Don Ashworth dated February 8, 1990. I I IAdministrative Section Cont. IMemo to Don Ashworth dated February 8, 1990. Letter to Mr.& Mrs. Charles Picard dated February 7, 1990. I I 1 I I I I I I I I I I I I I CITY OF it _ i CIIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 February 5, 1990 Mr. Steve Keefe, Chairman Metropolitan Council Mears Park Center 230 E. 5th Street St. Paul, MN 55101 Dear Chairman Keefe: I am writing to you in my capacity as Planning Director for the City of Chanhassen to request an extension of time in responding to the amendments to the Metropolitan Systems Plan. This request is being sent to you relative to your letter dated November 13, 1989 to Don Ashworth, City Manager. A formal City Council reso- lution requesting the extension accompanies this letter. I feel a bit of background relative to the City of Chanhassen' s recent planning efforts and the system statements themselves may ' be of benefit. Chanhassen has been in the process of developing an amendment to it's comprehensive plan for approximately the last year and a half. The amendments to the plan started as an outgrowth of the Lake Ann Intercepter Agreement to which both the City and Metropolitan Council were parties. Due to staff turnover and other factors work on the plan amendment was somewhat protracted but has assumed an excelerated pace beginning in the fall of 1989. The plans that have been developed to date by the City are in draft form only and are in the process of being prep ared for hearing prior to submittal to Metropolitan Council. ;The plans invision a very significant expansion of the MUSA line within the community. We believe that such an expansion ' is both reasonable and essential if the City is to continue to develop since we are rapidly reaching depletion of land that is currently available for development. We believe that we can demonstrate that the City has grown at a much more rapid pace than had been antici- pated by the Council, most recently in the systems statements themselves. For example, the 1988 Systems Statement information ' supplied to the City indicates a year 2, 000 population of 10,000 persons. The City currently has a population of over 11,000 and is growing at the rate of approximately 400 new single family homes per year. 11 Chairman Keefe February 5, 1990 Page 2 Year 2000 employment was projected at 4500 jobs within the com- munity. A survey undertaken in the fall of 1989 indicates that we have already exceeded this number and we are currently working with several major developers that would provide additional growth in the very near future. As I indicated to you above, the City is rapidly approaching a total depletion of available ser- viced land for development. At the rates which we have been con- suming property our supply of industrial land will not last much longer than the present year, while our supply of residential land equals a two to four year supply depending upon which popu- lation projection are utilized. We have attempted to keep Metro Council staff posted on our progress during the development of our Comprehensive Plan and have every intention of continuing to do so. We have corresponded with Carl Ohrn regarding information similar to ' which is presented above, dating back into September of 1989 and have had meetings with Michael Munson and Ann Hurlburt regarding the plan. Copies of information that was supplied to them is ' attached to this letter. Our current schedule anticipates having a plan ready for submit- tal to the Metro Council during summer of this year. We antici- pate having continued discussions with your staff relative to the plan as it is developed. ' Thank you for your assistance in this matter. Sincerely yours, I Paul Krauss, AICP Director of Planning cc: Chanhassen City Council Planning Commission Don Ashworth, City Manager PK:ns 1 11 111 ,t e t is CITY OF CHANHASSEN CAPITAL ASSISTANCE GRANT PROPOSAL 1 1' 1 r 1 I I I L ii i CITY OF i .. ..:„ . CHANHASSEN '' '"'�, 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900• FAX (612) 937-5739 , , ItFebruary 6, 1990 11: Ms. Victoria Reinhardt Abatement Grants Administrator Capital Assistance Grant Program It Metropolitan Council Mears Park Centre 230 East Fifth Street 1 St. Paul, MN 55101 Dear Ms. Reinhardt: _ IAttached please find one original and 15 copies of Chanhassen's Capital Assistance Grant Proposal. '3n addition to the grant pro- ' posal, we have included information on our current recycling program and other relevant information. It Should the Metropolitan Council require additional information, please call me. r; x Sincerely, _; .. ,, k f Jo Ann Olsen`' ,_, :.y__.,.. --4-'-- . .-----..- .w ----- . ISenior Planner __ _ .: 1_.: ,°. =2.zo--.-: .: --: JO:v "` " I "4t - ' i° 977777- - i' i I r; • I I I CITY OF CHANHASSEN . ,_ . • • I690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 • (612) 937-1900 • FAX (612) 937-5739 February 6, 1990 Ms. Victoria Reinhardt Abatement Grants Administrator Capital Assistance Grant Program Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Dear Ms. Reinhardt: The City of Chanhassen will be purchasing stackable recycling bins made of 100% recycled material. The bins will be provided by Shamrock Industries, Inc., Minneapolis, Minnesota. To the ' best of our knowledge, Shamrock, Inc. is the only company which produces recycling bins made out of 100% recycled materials. Therefore, the City will not be going :out for bid on the recycling bins and is instead submitting this letter to serve as documentation of a single vendor for 100% recycled material recycling bins. Sincerely, .. /162, Don Ashwort - .— . City Manager ;. DA:n I 1 METROPOLITAN LANDFILL ABATEMENT FUND CAPITAL ASSISTANCE GRANT PROPOSAL COVER SHEET FY90-91 1. Name of Project Sponsor: City of Chanhassen Mailing address: 690 Coulter Drive Chanhassen, MN 5531/ 2. IRS Tax-Exempt Number: 41-0885331 3. Project director/contact person name: Aluon Olsen Title: Senior Planner Phone: 937-1900 Address: 690 Coulter Drive, Chanhassen, MN 55317 4. Authorized Official name: Don Ashworth Title: City Manager (City L1erK) Phone: bsi-.Mu Address: 5317 5. Third Party information, when applicable: a) Name: N/A b) Address: ' c) Authorized representative: Title: Phone: d) Minnesota Tax ID number: ' 6. PROPOSAL SUMMARY Briefly summarize the major benefits and goals associated with the project. We wish to purchase recycling containers for Chanhassen residents to promote and increase participation in our curbside recycling program. Our participation ' is currently about 25% and the recycling bins, along with our promotional and educational campaign should greatly increase participation. Our goal is to increase participation to 50% by 1992. Beginning April 2, 1990, licensed haulers ' in Chanhassen will provide curbside collection of targeted recyclables to their contracts. The City wishes to provide recycling bins to residents as part of the start up in April to educate and promote the new recycling program. • I 7. Amount of Grant Request $ 26,125 Amount of Local Cash Match $ 2 t�5 TOTAL GRANT COSTS $ 52:250 ' Amount of Other Costs $ 4,000•TOTAL PROJECT COST $ 56.250 I12 • 1 • CAPITAL ASSISTANCE GRANT PROGRAM PROJECT SPONSOR'S CERTIFICATION BE IT CERTIFIED THAT: 1) Chanhassen will act as the sponsor (Project Sponsor) II i and grantee for the landfill abatement Capital Assistance grant to be conducted by: 2) N/A . I (when applicable, implementing third party and authorized representative) during the period from 3) March 16. 1990 , (estimated start date) I¢ through 4) March 16, 1993 . (estimated end date-three years from start date) 5) Don Ashworth, City Manager (City Clerk) (Name and title of authorized official) is hereby authorized to submit a grant proposal and request funding for this project to the Metropolitan Council and to execute such agreements and prepare documents as necessary to accept funds and implement the project on behalf of the Project Sponsor. This certification certifies the following: 1. The Project Sponsor is an eligible applicant for the Capital Assistance Grant Program. 2. The project will further the goals of the Metropolitan Council's Solid '. Waste Management Development Guide/Policy Plan. 3. The project is in conformance with the approved Solid Waste Management Master Plan for the county in which the project will occur. ` 4. The Project Sponsor agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. IS. The Project Sponsor will provide all local and state permits, licenses . and authorizations necessary for the project. 6. The Project Sponsor is current in all tax obligations to local, state or I federal governments. 7. Acknowledgment will be made for the Council for its grant assistance on . all promotional materials, reports and publications relating to the project I' during the grant period. 8. The Project Sponsor will provide all documentation and reports required by the Council during the grant period. I f 9. The proposal is complete and all information provided in the proposal is 1 true and accurate. I HEREBY CERTIFY: 6) li _ (Date formally approved) 7) �_L_;y.�, .... 5 7— to - GjU it (Signature of Authorized Official) (Date) ' 8) _ \cx, /73r--r, (Signature of Project Director/Contact Person) (Date). '' 9) (Signature of authorized third party representative) (Date) 13 I I i Ii CAPITAL ASSISTANCE GRANT APPLICATION FY90-91 Capital Assistance Grant Program conditions may change. The Metropolitan Council reserves the right to amend the Capital Assistance Grant Program I Guidelines and Application Materials. Additional information may be requested regarding the application and, if I. grant funds are awarded, the project activities. INFORMATION ABOUT THE PROJECT SPONSOR IA. 1 Describe the Capital pital Assistance Grant project sponsor. For example, is the project sponsor more than one Metropolitan County, and what is the total ' population affected? SEE ATTACHED PACKET FOR QUESTIONS AND RESPONSES County(ies) 1 Municipality(ies) Population 1 1. 2. Describe haw the project sponsor will administer and manage the project and who will be responsible for preparing written financial and progress reports. 111 II I 14 • I IF A. INFORMATION ABOUT THE PROJECT SPONSOR 111 1. Describe the Capital Assistance Grant project sponsor. For example, is the project sponsor more than one Metropolitan County, and what is the total population affected? I� Chanhassen is located primarily in Carver County although a small area in the eastern part of the City is located in Hennepin County. The 1989 population is approximately 11,000. The City is experiencing rapid development in resi- dential growth and also in the commercial/industrial sector. Over the last four years, the City has added an average of ' 390 households per year with a total of 4,320 households in 1989 and 3,755 (as of December, 1989) households served by curbside recycling (apartments not included) . The portion of Chanhassen which is in Hennepin County is industrial with no households. Chanhassen is not eligible for funds from Hennepin County. 2. Describe how the project sponsor will administer and manage the project and who will be responsible for preparing written financial and progress reports. The City of Chanhassen will be the project sponsor and will Y P 7 P be responsible for all financial and progress reports. The City will be responsible for purchasing and delivering the recycling bins. B. INFORMATION ABOUT THE THIRD PARTY (IF APPLICABLE) Not applicable. ` C. INFORMATION ABOUT THE PROJECT la. Summarize the Capital Assistance Project, including type and number of landfill abatement machinery or equipment to be purchased, approximate purchase and acquisition dates, appropriateness of the machinery or equipment to obtain potential abatement results (please attach background information) , potential abatement results, creation of new markets or expansion of existing markets and other infor- mation pertinent to the project. 11 The City is proposing to utilize the Capital Assistance pro- ject to acquire 9,500 curbside recycling bins. The number of 1 bins is based upon the current number of households being served (3,720) and extras for replacement and new residents (4,750 x 2) . It is estimated for Chanhassen to have approxi- mately 4,700 households by 1992. The City will be purchasing two stackable containers per household. The stackable con- tainers will be made of 100% recycled material and will incorporate a uniform color scheme and logo. It is our belief that the bins will be instrumental in our efforts to increase participation from the current 25% to a 50% par- ticipation rate by the end of 1990 and to increase volume of recyclables purchased. I The City initiated curbside recycling in April, 1989. During 9 P g the year of 1989 (May through December) 268.22 tons of material was recycled (according to data supplied by the ,= City's contractor, Waste Management, Inc. ) . If the 50% par- ticpation rate is attained, the total monthly tonnage would increase to 536.44 tons. The City program recycles newsprint, glass, tin, aluminum, bi-metal and cardboard and intends on expanding the program by including pickup of plastics, telephone books and special "spring" cleanups. Itlb. Please describe any current abatement activities which would be enhanced or replaced if the abatement machinery or equip- ment being proposed were purchased. The City initiated a recycling center in 1988 and went to IF curbside pick up beginning April, 1989. The curbside program is managed by the Planning Department staff. A 7 member Recycling Committee comprised of residents appointed by the City Council is used to make policy recommendations on II recycling programs. The curbside program operates on a bi- weekly service performed by Waste Management, Inc. under contract by the City. The city's current curbside program is a locally sponsored project that relies solely on the city's financial resources. During 1989, the City Council deter- mined that the program could no longer be solely funded through the General Fund of the City Budget. Due to the need Ito shift funding of the program from the City's General Fund, the Recycling Committee investigated means of improving and funding recycling service. In December, 1989, the City Council adopted an amendment to the City Code concerning Solid Waste which required all haulers to be licensed in Chanhassen and to provide weekly curbside pick up of targeted II` recyclables. Curbside collection by the haulers will being April 2, 1990. At the present time, there are no bins available to supple- !' went this program. The city is pursuing the purchase of recycling bins to serve as promotion to the new program beginning April, 1990, and to serve as a reminder to recycle II and to provide ease of recycling. The recycling bins will increase participation and volume of recyclables. 2. After the minimum three year period usage of the machinery or II equipment for landfill abatement activities, is continuation of the project anticipated? I The City anticipates continuation of the program beyond the three year period. The City Council and Recycling Committee are commited to continuing recycling in Chanhassen well beyond a three year period. The city has a long term goal to I educate residents on the idea of reduce, reuse and recycle recycling programs. The bins purchased with the grant will I be able to be used beyond a three year period to supplement the recycling program. The City will also expand the program to include plastics and other hard to recycle materials. 9 1 -2 II 3. Where will the project acitivites occur? Provide as much detail as possible, including the names of counties or muni- cipalities in the Metropolitan Area that will be directed affected by the capital purchase. I: Project activities will occur through the municipal boun- daries of the City of Chanhassen. Chanhassen is located in II Carver County with a small portion in Hennepin County. Curbside recycling is available to both rural and urban resi- dences. There are no residences in Hennepin County. Id. What is the approximate date of acquisition of the machinery or equipment? Capital Assistance Grants will be monitored for three years from acquisition date. 1 The City will be acquiring the recycling bins in March, 1990, so that they can be delivered to residents along with infor- mational material and in time for the start up of the new I curbside recycling program in April, 1990. The city intends on having the recycling bins delivered to the city no later than March 16, 1990, to allow the city time to deliver the bins to households. I 5. What are the n e a ticipated or projected landfill abatement II results from the purchase of the machinery or equipment? These results should be measurable and included on the annual report from. a) Materials to be abated: Current Yearly Projected Yearly IICollection Collection Newsprint 351.6 tons 703.2 tons Glass 78.2 156.4 I Tin 8.6 17.2 Aluminum 15.2 30.4 Cardboard 6.4 12.8 Ib) Generators to be served: List of type or types of solid waste generators which I will directly benefit from the project. Provide the estimated number of residential or commercial/industrial waste generators in the region that will be served by the project. 0 The current recycling program serves approximately 3,720 households. Based upon current growth patterns, it is I anticipated that 4,700 households will be served by the end of the three year grant period. The curbside recycling program services residences I including single family, duplex and quad units. Currently, the curbside program does not include apart- ment units. The Recycling Committee is reviewing adding IIapartments to the curbside program. -3- I 1 . 6. What are the major goals of the project? IIThe program goal is to increase participation in the curbside t recycling program by 50% by the end of the three year period and to increase the volume of recyclables collected. The ' City will purchase 9,500 stackable recycling bins to be distributed to households participating in Chanhassen's recycling program. The bins will serve to process 920 tons/year of recyclable material in the City of Chanhassen by i the end of 1992. 7. Each project sponsor will be required to complete and submit a written annual report and final narrative report. A form will be provided for the annual report. It will address achievement of goals as listed in question #6. How will the II project sponsor measure progress in meeting the stated goals? What records or methods will be developed and used to support and document the results of the proposed project? What types of on-going evaluation will be used to determine the success of the project? II' The amended ordinance to the City Code concerning solid waste requires haulers licensed in Chanhassen to provide annual IF reports on the amount of recyclable materials collected. City staff will compile the information which will serve as IF the basis for all reporting to Carver County and the Metropolitan Council and other applicable agencies. 8. Will the Capital Assistance project require the approval of I any local or state permits or licenses, preparation of an Environmental Assessment or Impact Statement, or other con- ditions which must be met in order to conduct the project? II If yes, describe what has or will be done to obtain the necessary approvals for the project. No additional approvals are required as part of the Capital Assistance project. 9. Prepare a Capital Assistance Grant Work Program. IActivity/Task Person Completion Time Acquire and distribute Senior Planner March 31, 1990 recycling bins Recycling Committee Education of Senior Planner On-going public to increase Recycling Committee participation of curbside recycling and educate on reuse, reduce and recycle II10. How will the Capital Assistance Project be publicized? The City has several means of publicizing the recycling g program. The City will be providing informational pamphlets I -4- II MU 1 along with the recycling bins when they are delivered to the residences. The City will be providing newspaper articles and utilize the Fire Station and Chanhassen Bank sign, pro- vide vide displays at the Library, presentations to local service clubs, homeowner associations, and working closely with the school system to educate the children and parents. The II, Capital Assistance Project will actually be part of the publicity. II 11. List the employees, staff positions or consultants that will be responsible for completion of the project work program. Resumes or position descriptions of key individuals should be II attached. The Planning Director, Senior Planner and Planning Intern (see attached job descriptions) . 12. Describe the role of any board members, committees, or volun- teers that will be involved in conducting the project or pro- " viding oversight. The Chanhassen City Council has established a Recycling II Committee to provide input and guidance into the recycling programs. The 7 member committee meets every two weeks and serves as an advisory committee to staff and the City Council and is comprised of Chanhassen residents. II13. Is a Technology and Research grant being applied for in con- junction with this Capital Assistance application? IINo. IID. INFORMATION ABOUT PROJECT FINANCES 1. Itemize the Capital Assistance Grant Project budget. 1 Total Project Local Match Capital Assist. Budget Item Cost Cash Grant IEquipment Purchase $52,250 $26,125 $26,125 IISUB-TOTAL $52,250 $26,125 $26,125 The following costs are not eligible for grant or match funds, I _ but are part of the total project costs. Salaries/fringes Not applicable 1 Contracted Labor Not applicable Travel Expenses Not applicable IIPrinting $ 1,000 11 -5- II It Total Project Local Match Capital Assist. Budget Item Cost Cash Grant Ii Other P ro ect costs $ 1,000 (We] propose to use boy scouts/ (deliver of girl scouts and similar groups) containers to IIhouseholds) Special Pick-ups $ 2,000 II SUB-TOTAL $ 4,000 IITOTAL $56,250 IAnticipated Project Revenues $ -0- II2. Itemized Project Costs Budget Item Amount II9 ,500 stackable containers $5.50 per container (total of $52,250) '. Printing and mailing of information $1,000 on recycling program Delivery of containers to residences $1,000 I* Special pickups p 1 p ck ps (spring pickup) $2,000 II5. Explain how the Capital Assistance Project will be continued beyond the grant period. What sources of funds will the pro- " ject sponsor use for continuation of the landfill abatement activities? I The Capital Assistance Project is a one time cost for purchasing of the recycling bins. Continuation of landfill abatement activities will be funded through the city budget II and acquisition of grants and/or funding from Carver County and other applicable sources. 6. To illustrate financial assistance need, please explain how II the Capital Assistance Grant will enable the project activi- ties to occur, or if they would not otherwise be possible. II Chanhassen has budgeted $57,000 for recycling programs for the year 1990. The total cost of the recycling bins will be $52,250. The City budget for recycling is also required for the education and information necessary to promote the II program and increase participation. If the city were to have to totally fund the acquisition of the recycling bins, we would not be left with adequate funds to support the program I . -6- II IF through education and promotion. Therefore, the city would be able to only purchase half of the containers at this time or may even make the decision not to purchase any. For 1990, Carver County has not allocated any money for Chanhassen. Therefore, the City will have to rely entirely on its own budget to fund the recycling program. I I I I 1 I I I i 1 I I I II JANUARY SAFETY COMMISSION MINUTES � 1990 G� ,fec, ,,ey„) IIPAGE 1 C-#6 /a_y0 PRESENT: Wayne Wenzlaff ABSENT: Barb Klick Bill Bernhjelm II Bill Boyt Craig Blechta 11 STAFF PRESENT: Jim Chaffee, Public Safety Director Scott Harr, Assistant Public Safety Director Bob Zydowksy, Community Service Officer IIChairman Wenzlaff called the meeting to order at 7:05 P.m. II (There was no formal agenda for meeting. ) Candy Takkenun and Richard Wing are not seeking reappointment to IIthe Public Safety Commission. Jim Chaffee distributed information on purpose and function of II the Commission and needed criteria for applicants. Discussion followed. Bill Boyt suggested adding "Commission members should gather public opinion and develop resolutions to the City Council on matters of public safety" . IIBill Boyt suggested the Commission discuss its ' goals for 1990 . It will be put on agenda for next meeting. IIDiscussion was held that recognition be made at a future Council meeting (Maple Leaf Award and/or certificate) for Richard Wing and Candy Takkenun. I/ Jim talked about the State Patrol moving into Public Safety wing and the many benefits of their presence in the City. Sergeant Bob I VanDenBroeke also mentioned the benefits the deputies are noticing. Colonel Roger Ledding, former Chief of the MN State Patrol, was visiting in the Public Safety Department earlier in the day. IIJim discussed the Carver County Control Team and their efforts at a recent ordeal in Chanhassen. He mentioned the precision, control, and teamwork coordinated through Chris Capaul and his 11 people. The Control Team has been in effect in Carver County for five years. 1 Scott Harr mentioned the City Council voted 3-2 to extend the ani- mal control contract with the neighboring five cities and also Steve A. Kirchman had been temporarily promoted to Building Offi- cial. Scott mentioned that more recognition should be extended to II the Building Inspectors and the Fire Inspector. Bill Boyt brought up putting the Building Department on the next meeting' s agenda. Scott also mentioned that the City was subpoenaed for its records II for a suit against Frontier Homes. Bill said a $600 bill was paid by Frontier at Merlin ' s Hardware and the residents in Saddlebrook claimed to be satisfied by Frontier Homes. II II PUBLIC SAFETY COMMISSION MINUTES JANUARY 11, 1990 PAGE 2 Craig Blechta motioned, Bill Bernhjelm seconded, to interview applicants every 15 minutes on February 8, 1990, at 6 P.M. If necessary, the Commission meeting would be delayed until all interviews were concluded. All voted in favor and the motion carried. Jim Chaffee mentioned that the Police Study Committee has openings for 2 residents at large. Craig Blechta motioned, Wayne seconded, to table the election of a Commission chairperson until next meeting. All voted in favor and the motioned carried. Wayne, with assistance from Jim and Scott, will prepare a report to City Council of the Public Safety Commission's action for the year of 1989. 1 Jim Chaffee discussed the Emergency Management seminar he attended last week. He would like to see more emphasis on emergency preparedness in the City. The Commission should be 11 responsible for public awareness of emergency procedures. Could be a topic for next meeting. Possibly have someone from the State to do a presentation at a future meeting. Discussion followed. This topic will be put on agenda for next meeting. Craig Blechta motioned, Bill Bernhjelm seconded, to invite state and/or county personnel to give a presentation on civil defense preparedness at the March meeting; and also have personnel from the Park and Recreation Deparment and Park Maintenance present to discuss area parks in relation to emergency management proce- dures. All voted in favor and the motion carried. Sgt. Bob VanDenBroeke alerted the Commission of a stalled vehicle eastbound on West 78th Street near the Dinner Theatre and the dangerous situation it created. He stated that traffic had to drive up onto curb to get around stalled vehicle being the road is so narrow. Scott discussed the possibility of having another Public Safety Open House or similar get-together for this summer based on the successful Open House held in June of 1989. Scott will have some Iideas available for next meeting. Scott congratulated Craig Blechta on his promotion to Fire Lieutenant. Craig congratulated Scott on his published book "Criminal Procedures". Craig also mentioned that a letter of invitation will be sent to the Council, State Patrol, County personnel and the Commission to use the Fire Department' s exercise equipment. Craig motioned, Bill Bernhjelm seconded to adjourn the meeting at 9:05 p.m. All voted in favor and the motion carried. NEXT PUBLIC SAFETY COMMISSION MEETING WILL BE THURSDAY, FEBRUARY 8, 1990. INTERVIEWS START AT 6 P.M. CITY HALL COURTYARD CONFERENCE ROOM 11 C e- -tiyfi CITY OF „.„ ,. , • CHANHASSEN :. 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 January 11, 1990 VIA FACSIMILE: 337-5552 Ryan Construction Company of Minnesota, Inc. Attn: Mr. Cliff Waletzko Project Manager 700 International Centre 900 Second Avenue South Minneapolis, MN 55402 Re: Lake Drive West Feasibility Study 11 Redmond Products Project No. 90-1 Dear Mr. Waletzko: I am in receipt of your January 9,1990 correspondence requesting the City to begin a feasibility study for the eventual construc- tion of Lake Drive West from County toad 17 to Audubon Road. In order for the City to initiate the feasibility study process, It will be necessary for the property owner to sign the petition for ' feasibility study. In addition, it is City policy where no other sureties or guarantees have been provided to request a letter of credit to be posted with the City to cover the cost of the City's expense for conducting the feasibility study if in the event either the project is not feasible for proceeding and/or the petitioning party does not proceed with its improvements and com- mitments as planned. I 'estimate :the .security amount necessary for this project to be $20,000. I have attached a copy of the City's standard letter of credit form for-your -use; Once the project construction contract has been awarded and the petitioner 's facility is under construction, the security amount is typically released. You referenced in your letter that construction of Lake Drive West in 1990 is a crucial element of the planning for the Redmond project. The feasibility study would specifically review the project schedule anticipated; however, it would be my impression at this time, based on similar projects of this nature, that completion of the construction of Lake Drive West in 1990 would be highly optimistic. The special assessment statutes which f II Mr. Cliff Waletzko ' January 11, 1990 Page 2 ' govern public improvements of this nature require public hearings and specific timelines for elements such as bidding which add considerable time to the project schedule. Without encountering I any peculiarities such as permit difficulties, soil conditions or other consequences, I would anticipate a minimum of four to six month's time necessary from initiation of feasibility study to construction contract award, which would put us into mid to late summer at the earliest for construction initiation . Utilities could in all likelihood be completed in 1990 , but it would be very unlikely in my opinion to be able to complete the roadway elements of the project until 1991. Please factor this into your planning process. The feasibility I study will present a more detailed look at the construction sche- dule. Upon receipt of the above-mentioned items, I will place the item on the next available City Council agenda for City Council authorization. Sincerely, CITY OF CHANHASSEN 40 -ry . Warren, P.E. City Eng neer ' GGW:ktm Attachment: Letter of Credit form. c: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager Paul Krauss, Planning Director Tom Redmond, Redmond Products 11 I I I I 1 AL. c_i.- CITY O ,i - 4 : . ., Ai. , _. .-:!.. CHANHASSEN 1 . . , .:. _1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' ` (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Mark Littfin, Fire Inspector IFROM: Scott Harr, Assistant Public Safety Director S(tAT6‘. DATE: January 16, 1990 IISUBJ: Completion of Hazardous Materials Course II I would like to commend you for having successfully completed the II Hazardous Materials Level 1 course. I am aware that this 45 hour course was completed during evenings on your own time, and I want you to know that the City of Chanhassen does appreciate this . Hazardous Materials is a subject area that is relatively new to I the fire service and the field of public safety, and it speaks to your professionalism that you have pursued such a course. Good Jobt 1 I cc: Don Ashworth, City Manager Jim Chaffee, Public Safety Director Personnel File t 1 1 I 1 •1 1 BS MI r MI — MN NM EN r IN — — MI MI aan MN — as °'p1•, ,Y+i.,"ham, 9,hv.:;j,�R"S, ' ,;,,,,...k„, * e". '' tca, ( lig y w r 4 C>7 T echns\• ffi , C Ontr +, 'rye, 4:4;K N'. CUociliOna6 i CESICAMVe ' tensirnv fro arms MARK LITTFIN HAS MET ALL THE REQUIREMENTS FOR A 45 HOUR COURSE IN HAZARDOUS MATERIALS LEVEL I FALL QUARTER, 1989 4 . 5 CEU __Tc.n1, 0, 09(ztte, zaL 9 45 Instructor Date ll Hennepin Technical Institute �! G Intermediate District 287 Ronald M.Carter,Superintendent FIRE 7513 A I 44... c..,./- t f- -4;: ;1-,0--- 110 i.' ,, CHANHASSEN CITY OF P i , ,! . 1 . . ;. , ...,.,.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 . - (612) 937-1900 • FAX (612) 937-5739 1 January 15, 1990 IIMs. LaGretta Stegner (& kids) 6200 Wyman Avenue IEdina, MN 55436 Dear Ms. Stegner, II would like to thank you for-the kind note you sent to Carol which was brought to my attention. In that note you thanked her for assisting you when you were experiencing car problems. We certainly appreciate it when people take the time to write, and we are glad that your experience with the City of Chanhassen was positive. IPlease feel free to contact us ~if there is anything else we can do for you. , i... Sincerely, ° _° I OrVgl--- Scott Harr Assistant Public Safety Director _ II SH:cd cc: ' Don Ashw ,C orthity Manager` - ' Jim Chaffee, Publiac'Safetyirector • I 1 I I I I ' "{"".a i. �. a may., - �- T`. r' ,t.'�- d ,,�." -qt.*. :s afro. 'At. y.s-,••'3'.- S�„A-4.7.-";--14:r'v�:�'.,.0->�:• .Yf'"'f2'ds['+i`•w-�. ...a,<"y.�.•y,. �4 -s,,, c - .Yt a' - `` .�£, - ,4;;;-,74,,,,-,....7 .--,-,1* ?:!�'- .ai,,'�`y„r •u- t. - -'�:. y, .-- .mow, A„P_ �., /,-K.F/- [ 14 ++S��r ,z-3'" Y 1 "' J'y> ..yam „Yi ^".' '' -.. .a-�n.'� -i £�.'�y,.r+y�>'_,i' 'ti Riw..� .,[ - �. .4 �+' -„� Y >^,__� Y A-z:„ .-tae- _7" t+..F •+v -,i.. - ,. ti'' � .5. �`.v.. •�cw P't art;' "t'`-' ."�°'.." - - lax-...�i--•.. s----. . ,{ ' r i. 'mot`•'Aa, a ,,, �.i t�y„",.r.. •A' ;- .%..Y-gyp j .�,`3'm ,- '� _- �,a ,,'�� ^t'a'r F-- .��.. t. 't3- Y-s. s. -rv(t .-bri's'--4' '�, a};.=i > h '.... �`i. L I:r'' WLCA. -y mac.--. -".4 1 ';.-_,....,z-4,,,,. x -^i _•'-i. _ �y Shy- lZ�1 -.°A 4r' "4--..7..,:";::,-'3:: ., '.''' - a, -�[ 4-,-,,J:. ¢ r,,.., 2i. 3"...F``J� t�•- jt- .- .6 1.Y A. `X• t+S �`---a-- t' .- _E •' 'f 3 - -XfiY:L - r. y r y ,r x z `4 --5',•z1 ; — r;-s ` Y •/,- "' `t a f ' ,w 4 A= ' +f R'4�" x - A _Ft a i.� r,it,6.�5L '° 7w`t`.� -v27 5 : 2 E 7iy- ' �+: r t'r:moo- - '..� --% s . jz .,� i--r' , �3w'i_7a.., `` , "smoo- ,`� 44- 4 yja ,3~'�'}' . `. .irt� e •+ -7....ts.. ii .�. `' ,)--a- '''':-.."-;;f,'' i.r. < : ",-�+ yr ",: C c A �!-( 4 M < - CITY of •. CHANHASSEN a ` ' 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 January 12, 1990 1 Sheriff Al Wallin Carver County Sheriff 's Department 600 East 4th Street Chaska, MN 55318 Dear Al, On Tuesday night, January 9, 1990, at approximately 8:00 p.m. I was notified by Sergeant Dave Erbel of a situation in Chanhassen involving a drunk adult male in his residence with numerous weapons. This individual was allegedly suicidal and had just been arguing with his wife who left the residence and called the Sheriff's Office. Sergeant Erbel 'indicated that there was no one else in the house and that the South Lake Minnetonka Police were responding to assist. The Sheriff's Department Control Team was also being activated. I . I responded to the scene and-made contact with Deputy Chris Capaul who was acting as the" on-scenecommander . Deputy Capaul was assigning other responding deputies to secure both an inner and outer perimeter . Deputy Capaul informed me of the situation, the security set up, and the activation` of the control team. He asked if there was anything else that Izequested and I informed him that I was there for observation purposes but if he needed me I was there also to assist. Deputy Capaul asked if I could secure a portion of the northern outer perimeter where I sub- sequently took up position. I listened as conversations 'occurred on the radio between posted personnel and the command post, i.e. Chris Capaul. The radio transmissions were short, to the point, and did not unnecessarily tie up the airwaves. The conversations on the radio by personnel moving into position in the inner perimeter were, again, short, factual and to the point. It appeared that each deputy in response to the situation knew what their assignments were, where each other was posted, and what their assignments were. After a 45 minute long phone conversation with the individual inside the house, Deputy Polunc was able to convince him to exit the residence thereby allowing the control team to apprehend the individual with no injury to anyone. I 1<aY C''� & tin .4 :M c..-,, /". e/ 6/ ,r p /�✓ llj M� , I ‘.......„--------Centex D00 ‘, ....._ I Homes � Corporation 59 k9r Technology Road Plaza a C' AO"` Per Bake Baker Road ¶',L I Suite 470 /� Minnetonka,Minnesota 55345 il January 17, 1990 P k K/t-, ,r V /29/i II Don City of Chanhassen - - ---- "._ II P.O. Box 147 .--`" ' Coulter Drive Chanhassen, MN 55317 /-lb/".'- IIRE: Teton Lane Easements Dear Don, iIt is my understanding that the City has settled with the Reamers and Wongs for $1500.00 and $1820.00 respectively in Iexchange for the release of their easement rights on Teton Lane. /5-00 It is also my understanding from Dan Cole that the City 1 t Z,t.0 I is having the same lack of response problem that I did on the / t.,, Cameron Property, but that the City is willing to accept $750.00 from Centex for a release of any of our obligations based on -- the preliminary Cameron appraisal of 0-$500. 1 It +07 d I 41910 _� Enclosed is a check in the amount of $3070.00 o reimburse the City for all of the above. It now as.-- - hat the only II remaining item regarding Teton Lane is for Centex to complete the barricade. Please call me and let me know when to proceed with the installation. ISincerely, Z- 51/40/Ce- iAl 7?) I Cbe--t.,...._ 6%-4-eir"°.---- YVI/oict 16- Wwu. c 144 Thomas M. Boyce rej.. uwe President 1�- �_ 7� Y �� I MOW%i 1-f .i TMB/jac (P ' ) Lt) II cc: Dan Cole ( " Briggs & Morgan gLG � Roger Knutson I Campbell, Knutson, Scott & Fuchs, P.A. JAN 2 g 1990 3460 Washington Drive Suite 202 art OF CHANHASSEN Eagan, MN 55122 w•%.L. W 0 4NIth 4�'i►� wµcite S $s 0 So j4a„ cry., Co,,6%.4.422 i Baker Technology Plaza, 5929 Baker Road, Suite 470, Minnetonka, Minnesota / (612) 936-7833 I aLif fAj CITYOF CHANHASSEN • • J • • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 To: Jim Chaffee ' From: Scott Harr Date: 1-15-90 Subj: Building Inspector Position I This memo is to advise you that we have interviewed 6 applicants for the position of Building Inspector (we received 37 applications) . The concensus is to recommend the following two finalists: ' MARK COONEY SANDRA HARVEY Both have exceptional qualifications, and while either one would be an excellent choice, Cooney has significantly more municipal inspection experience, and for this reason we would recommend that he receive the first offer. cc: steve Kirchman 'Director 'CarrEnts,Recattrer dations: I concur with the interview panel and - Scott Harr's recarzrendations. Mark Cooney would appear to be the best choice. We are therefore recatrrending the employnent of Mark Cooney. Action by Ctty Adnllniteifin Rejecte 4 Dee..2ZaMf ' Date Submitted to Committia1[ Date Subm tted to Counc C c 2//z/7 o 1 I MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS �- 1 OF THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT December 6, 1989 The meeting was called to order by Chairman Fiskness at ' 7:00 p.m. on December 6, 1989, at the Eden Prairie City Offices, Eden Prairie, Minnesota. ' Rahr.Managers present: Fiskness, Cardinal, Peterson, Scribner, and Managers absent: None. Also present: Board Advisors Raymond Haik and Bob Obermeyer. ' Approval of Minutes. The minutes of the regular meeting of November 1, 1989 were ' reviewed. It was moved by Cardinal, seconded by Peterson and the minutes be approved. Upon vote, the motion carried. The minutes of the special meeting of November 18, 1989 were ' reviewed. It was moved by Rahr, seconded by Cardinal that the minutes be approved. Upon vote, the motion carried. ' Matters of General Public Interest. The Attorney reported on the receipt of an inquiry from the City of Chanhassen regarding the formal notification received from the EPA canceling funds for the Chain Lakes Project. A communication was received from the Board of Water and Soil ' Resources regarding the program for sealing of abandoned wells. The cost sharing and project grant application was forwarded to the staff. ' Permit Application. The following grading, land alteration and utility ' installation permit applications, and the Minnesota Department of Natural Resources Work in Public Waters permit applications were processed by the Managers. ' A. Permit 89-69: Valley View Road improvements Phase II; Bittersweet Drive to Howard Lane - grading and land alteration ' permit; City of Eden Prairie. The Engineer reviewed the roadway improvement, grading plan and recommended permit conditions. Following discussion it was moved by Cardinal, seconded by Rahr that the permit be approved in accordance with the Engineer's recommendation. Upon vote, the motion carried. B. Permit Extension _ on #87 74, site grading north of the Flagship Athletic Club: Eden Prairie. ' The Engineer reviewed the status of the project and the remaining work and estimated time for completion of the ' project. Following discussion it was moved by Cardinal, seconded by Rahr that the permit extension be granted upon condition that prior erosion control requirements be complied with. Upon vote, the motion carried. ' C. Permit Extension #88-37: A-Z Rental Facility: Eden Prairie. The Engineer reviewed the permit extension request and recommended permit conditions. Following discussion it was moved by Cardinal and seconded by Peterson that the permit be ' extended in accordance with the Engineer's recommendations. Upon vote, the motion carried. Treasurer's Report. The Treasurer submitted his report, copy of which is attached and made a part of the minutes by reference. The Treasurer reported that an additional tax settlement had not been obtained in time for inclusion in the Treasurer's report. However, because of the payments to the City of Eden Prairie for the Basic Water Management Project it was the Treasurer's recommendation that the ' payment of the portion of the tax settlement available for the project in the amount of $67,924 .81 be paid to the City of Eden Prairie. Following discussion it was moved by Cardinal and ' seconded by Peterson that the Treasurer's report be approved with the inclusion of a payment in the amount of $67,924.81 to be paid to the City of Eden Prairie. Upon vote, the motion carried. Lake Riley Chain of Lakes Project. The Engineer reported on the meetings with the officials of ' the Minnesota Polution Control Agency to identify the work required to complete the project Work Plan. The Engineer stated that the estimated cost of completing the plan was directly ' dependent on the requirements of the MPCA and the Environmental Protection Agency. The attorney reported on the discussions with the staff of the City of Chanhassen regarding the obligation to reimburse the Watershed Districts for its share of the local project costs. Based upon expenditures to date, it would appear that the limit on the amount to be contributed by Eden Prairie and Chanhassen has already been reached. Following discussion, it was ' agreed that the Managers would receive the report from the Engineer regarding additional expenditures to complete the Work Plan. The Engineer reported that the Minnesota Department of ' Natural Resouces continues to evidence interest in the project, including the possibility that a portion of the project -2- r • Imight be undertaken by the Department of Natural Resources. Engineer's Report. ' The Engineer distributed the 1988 Lake Water Quality Report covering Ann, Duck, Hyland, Lotus, Lucy, Mitchell, Red Rock, Rice ' Marsh, Riley, Round, Staring, and Susan Lakes. There followed a discussion concerning the report which indicated that the water quality has been stabilized. Following discussion it was agreed ' that the current interest in water quality by the Metropolitan Council and the State Agency was such that the water data should be forwarded to the agencies. ' The Engineer reported that no projects had been submitted to the District for preliminary review and that the construction work, with the onset of the winter season, was being closed down. Purgatory Creek Recreation Area: City of Eden Prairie. ' The Engineer discussed the communication received from the City of Eden Prairie regarding a cooperative project to evaluate the feasibility of creating a 120 acre lake with adjacent recreational trails. The City desired the analysis of the ' Watershed District regarding flood elevations under a variety of water management possibilities. Following discussion, it was moved by Peterson and seconded by Rahr that the District ' participate in a cooperative effort to supply the information requested by the City of Eden Prairie to evaluate the feasibility of the proposed recreation project with the District's = contribution being limited to one-half of the study casts with the ' amount not to exeed $1,500. 00 and that the District's participation is solely to supply the technical data and information requested by the City of Eden Prairie and was not a ' conclusion or a recommendation that the project is feasible or desirable. Upon vote, ,the motion carried. IM . Highway 5/Prairie Center Drive Highway Construction. The Engineer reported that the Minnesota Department of Transportation had not corrected the erosion problems occurring within the right-of-way despite prior requests from the District Engineer. Following discussion, the Managers instructed the Attorney to review the matter and to undertake such action as is ' required to secure correction of the problem by the Minnesota Department of Transportation. Upon vote, the motion carried. State Association and Legislative Matters. Manager Peterson reported on the status of the interim committee's report. Manager Peterson reported on the activities ' at the State Association of Soil and Water Conservation District meeting in Rochester. Reports were received from Manager ' -3- I Scribner, Peterson, Fiskness and Cardinal regarding the seminars attended at the annual meeting of the State Association Watershed Districts in Alexandria. Adjournment. ' There being no further business to come before the meeting, it was moved by Cardinal, seconded by Rahr that the meeting be adjourned. Upon the vote, the motion carried. Respectfully submitted, ' Frederick Rahr Secretary 43ZRAH 1 ' -4- I 1 1 PUBLIC SAFETY DEPARTMENT MEETING MINUTES January 19, 1990 1 Present: Jim Chaffee Carol Dunsmore Deb Rand Absent: Lori Fahning Scott Harr Bob Zydowsky Steve Kirchman Steve Nelson Mark Littfin Randy Debner Carl Barke Dale Gregory NEW BUSINESS: ' Seminars: All seminars now must be approved by Don Ashworth. Please submit as usual to myself or Scott and we will in turn submit them to the City Manager. 1 Parking: Steve Kirchman is working on signing the new parking lot on the vest side of City Hall. As a reminder, we are asking that all non-emergency vehicles be parked on the north end of the parking lot or west of the driveway leading into the parking lot. ' Ride Alongs: The City Manager was concerned about ride alongs by Lori and Carol. Specifically was concerned that a larger work load would be placed on ' the girls in the main City Hall answering phones and helping out while the remaining secretary in Public Safety would be going to the bathroom or at lunch. While not discouraging ride alongs, it was suggested that attempts be made to cover those times when the counter will be vacant, i.e. if Carol is riding along and Lori has to leave for an extended period of time then Carol should come in and sit at the front desk. As an alternative, if Lori has to leave for a short period of time she should let somebody in Public Safety know so the desk will ' always be covered. There vill be times, however, i.e. vacations, etc, that the front counter will have to pick up the overload. Gas Piping Fees: Steve Kirchman and Carl Barke have refined the gas piping fees to more accurately reflect the real world. I will be discussing this with the City Manager to see what our next course of action should be. ' Vehicles: Carl mentioned the concerns of several of the inspectors regarding the Lynx and Escort assigned to the inspection division. Carl felt that the cars did not provide a comfortable or safe atmosphere in which to work. Comfor- table in that they were not big and they vere cumbersome and a large amount of the inspector's time is spent in the vehicle. Safe, because of their small size, the concern would be for problems involving an accident. It was suggested 1 that at least at this juncture, the alternatives are slim to none. It does not look like we will be getting a replacement vehicle for either the Lynx or the Escort for some time. It vas suggested, however, that we will attempt to pro- vide air conditioning to the Lynx after approval is obtained from the City ' Manager. Frontier Homes: Scott is checking with Frontier homeowners to see if the 1 problems have been solved. Paul Oakes of Frontier Homes called and asked that a letter be sent to them stating that all the problems regarding the six or seven complaints that the City has had have been taken care of satisfactorily. 1 1 Public Safety Department Meeting Minutes January 19, 1990 Page Two I The Scene Shop: Steve Kirchman will advise property owner of regulations about sprinkling. Steve also will be advising Roger of the situation. FMG: Again, Steve Kirchman will be advising the property owner and in turn Roger Knutson. ' Complaint Forms: New draft has been passed out and discussed and will be imple- mented. ' Word Processing: Questions were asked on whether or not our support staff will be trained in on the new computer/software i.e. Word Perfect. ' Crime Prevention: Deb Rand was asked by the Carver County Sheriff's Department to help train Carver County Sheriff deputies in crime prevention. Congratula- tions go out to Deb for the honor of being asked to assist in the training. I Next Meeting: The next meeting will be on Friday, January 26, 1990. Scott will be making arrangements for refreshments and we would like to see everybody there. In addition, new building inspector Mark Cooney has indicated that he will also be in attendance. I 1 I I 1 I I Barton-Aschman Associates, Inc. I111 Third Avenue South, Suite 350 Phone:(612)332-0421 Minneapolis, Minnesota 55401 Fax: (612) 332-6180 USA I January 19, 1990 II a3- zs & Mr. Michael Spielmann, P.E. —�— ^ 2 I Consultant Design Engineer &: tit/ MnDOT Metro District CG /�p�`"� 4u 2055 North Lilac Drive IGolden Valley, MN 55422 RE: S.P. 1002-51 (TH 5 in Carver County) Preliminary Construction Plan Set II - Submittal Dear Mike: II Enclosed, please find three plan sets for the above-captioned project. The set includes the following elements: Title Sheet, General Layout, Sequence of Construction, Typical Sections, Standard Plans, Typical Sections, Inplace I Topography, Construction Plans, Profiles and Cross-Sections. This submittal fulfills the "Stage I" review step of the project's contractual agreement. We request review of the plan set by the following MnDOT departments: I Central Office Geometrics, Metro District (GV) Preliminary and Final Design, Metro District (GV) Soils, Metro District (GV) Traffic and Metro District (GV) Surveys. An additional plan set with the conceptual drainage design I for the project will be submitted at a later date directly to the Metro District (GV) Hydraulics Engineer. Since the project includes substantial upgrading of four crossroads in Chanhassen, two plan sets are being I submitted to Chanhassen City Engineer Gary Warren for review. In late March, 1989, Glen Ellis of the MnDOT Golden Valley Office reviewed the horizontal and vertical alignments and the roadway cross-sections for the TH 5 mainline. IIPlease keep us informed of the review progress. IISincerely, ' Ano '1 arena h CITY OF CHANHASSEN I James H. Unruh, P.E. °oCCU U Associate II JHU:dmv JAN 191990 Enclosures cENGINEERING DEPT. cc:: Dave Warzala, Barton-Aschman II Gary Warren, Chanhassen (with two plan sets) Earl Howe, Metro District R/W (with two plan sets) II Ea II I Ki-vi�.i d L"L) Project TH 5 - S.P. 2701-34; S.P. 1002-5C1TT'OF CHA H SSEN JAN 18 1990 Project No. 5187-05-05 r Date January 16, 1990 �.(1 ( 'iMRD CITY OF CFIIwi-iASSEN By James Unruh JAN 18 1990 Meeting Report ENGINEERING 'DEPT. • Meeting Location MnDOT Golden Valley Metro District Meeting Date 1/11/90 Conference Room 3 imamoimmumm • I Participants Mike Spielmann, MnDOT Metro District Copies To: John Callahan, MnDOT C.O. R/W I Dick Giddings, MnDOT Metro R/W S.W. Transportation Coalition Earl Howe, MnDOT Metro R/W Board Ken Finke, MnDOT C.O. R/W Roger Gustafson, Carver County I Gary Warren, Chanhassen Al Gray, Eden Prairie Fred Hoisington, Chanhassen John Mullen, Barton-Aschman Tom Workman, S.W. Coalition Dave Warzala, Barton-Aschman IJames Unruh, Barton-Aschman ' Summary The agenda items and discussion for the 15th meeting of the TH 5 Technical IAdvisory Committee were as follows: I. Project Status I The January 11, 1990 project status report (attached) was distributed. The following items were specifically discussed: IS.P. 2701-34 Dave Warzala said that MnDOT Central Office Consultant Services will meet with Barton-Aschman on January 12 to discuss the status of the TH II 5 project. Dave did not anticipate any impact on the present project letting dates ab a result of the meeting. I Ken Finke informed the group that a condemnation "package" is being prepared for three of the total-take parcels (202B and 202C - Innovative Industries and single-family residence in Chanhassen, and I 209B - the Lonnie Gray residence). The condemnation "package" will be filed by the end of January with the hearing on petition in May. (Earl Howe said that the project can not be let until the hearing on petition has occurred.) Total-take residential parcels 209E (Fred IYork) and 209F (Charlotte Pauly) have been acquired. Regarding the 22 remaining parcels (19 partial-takes and 1 vacant land I total-take in Hennepin County, 2 partial-takes in Carver County in the vicinity of the railroad bridge), three second appraisals need to be submitted. Ken Finke said that a condemnation "package" (anticipating I © Barton-Aschman Associates, Inc. 111 Third Awe south • Minneapolis, MN 55401 •(112) 332-0421 NBA will proceed in reliance on this report. Any discrepandes should be brought to our attention in writing within (7) days. Project TH 5 - S.P. 2701-34; S.P. 1002-51, 55 Page Two Meeting Report continued ar is will some p ce 1 go through condemnation) will be filed in early March with the hearing on petition then held in June. These ' forecasted dates hinge on the required appraisals being submitted by January 26. The discussion then focused on the possibility of the S.P. 2701-34 letting date slipping to June but no definite action will be taken until the condemnation schedule becomes more clear. Mike Spielmann provided Barton-Aschman with the storm sewer cost ' participation guidelines and the S.P. number (1002-58) for the railroad bridge embankment/surcharge project. Mike said that for the final S.P. 2701-34 plan set submittal, four copies and one original plan set should be submitted to him. He will then submit the plans ' and the cooperative agreements to MnDOT Central Office for review. Gary Warren requested that Chanhassen receive a plan set at that time and said that the Chanhassen City Council would consider the plan set ' at their March meeting. Gary also asked Dave Warzala that a small workshop be set up with the City Council to go over the S.P. 1002-51 TH 5 construction project (county line to CR 17) at the appropriate ' time. S.P. 1002-51 ' - The R/W work map and parcel sketches were submitted to Dick Giddings and Gary Warren. After review of the material , Dick will submit an authorization map to MnDOT Central Office. ' - Dave Warzala informed the group that on January 16, Barton- Aschman will be meeting at the BA offices with the TH 5 appraiser, Dennis Taylor. The discussion will focus on methods to assure that ' the S.P. 1002-51 appraisals are completed in a more timely manner than the S.P. 2701-34 appraisals. Dave asked Earl Howe to attend the meeting. John Callahan asked to be included in the meeting also. ' - There was considerable discussion on the impact of the Hoisington Group report on both the 2701-34 and 1002-51 construction ' plans. It was agreed that the suggested urban roadway section could • not be provided between the county line and West 184th Avenue (Dell Road) because of the relatively flat mainline profile. It was also agreed that modifying the designed profile at this time would cause a ' significant delay (two months) in the project schedule. Gary Warren requested that Mike Spielmann determine MnDOT's level of support for the landscaping measures suggested in the Hoisington report for the TH ' 5 corridor within the S.P. 1002-51 project limits. Gary agreed that Chanhassen would pay for the design and construction costs of the landscaping features. 1 Barton-Aschman Associates, Inc. 111 Third Awe South • _ � Minneapolis, MN 55401 •(812) 332 0421 I8A will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. rProject TH 5 - S.P. 2701-34; S.P. 1002-51, 55 Page Three Meeting Report continued ' - Evan Green of MnDOT Metro Preliminar y g Desi n briefly joined the meeting to shed some light on the official MnDOT "staff-approval" ' status S.P. 1002-51. Evan said that only the Dakota Avenue design, including the railroad crossing north of TH 5 has lot been "staff- approved." James Unruh requested that MnDOT Central Office geometrics engineers and Chanhassen review the S.P. 1002-51 preliminary plan set (to be delivered on January 19, 1990) to affirm conformance of the detailed design with the "staff-approved" design and with the Hoisington report. ' - Mike Spielmann said that MnDOT traffic engineer Joel Katz wants to review the S.P. 1002-51 design and staging plans prior to a meeting of the MnDOT traffic committee. Mike will give Joel a set of the preliminary plan set and set up a meeting of the traffic committee for approximately two weeks after Joel 's plan set review. ' The next TH 5 TAC meeting will be February 8 at 10:00 A.M. at MnDOT Metro District (Golden Valley) Conference Room 3. ' dmv 1 © Barton-Aschman Associates,8800 ate8, Inc. 111 Third Ave South • Minneapolis, MN 55401 •(612) 992-0421 1 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. 4 /, 1 n ° Minnesota Department of Transportation !� Transportation Building, St. Paul, MN 55155 MINNESOTA1990 ~T OF-raw cO dc. 4bM . Ac r 4/1-2,1 (f, January 18, 1990 1 Mr. Gary Warren 690 Coulten Chanhassen, Minnesota 55317 Dear Mr. Warren: Thank you for your testimony regarding transportation safety in Minnesota at the public forum at the Transportation Building on January 10. We appreciate your voicing and demonstrating your concern. aYour testimony will help us identify transportation safety needs that aren't being met through current funding. With your help, we will gain legislative support this year for the special types of safety needs you described at the meeting. Sin ,0010!!!!!:10 LEONARD W. L Commissioner f CITY OF CHANHASSEN IFT,Mlin JAN 2 N 1999 ENGINEERING DEPT. An Equal Opportunity Employer mom mil INN . NEN ism N. all• ,. ,,,,, ,,.., , ... ,,,,,l,,,,,,,ri-o, iiih,,,,,,,...•?1,,,,ft:- ,,_ ,iire „ , , . ' *4-'44'.1,fly,, _,7, VA t ....?,, <1,,,,., 4 ,11, e., ,,,,,,mr, . ....._ „ “ ,,,„. ,,,, . , TN. , .,,, ,gtif• *Or,''', ,,triei. . s ,s, . tti , le , ii *** Alio".f,*.A#4,44,,,g,,,...h..e I. r l ,.,.. ,,,,,.., , . ., . ,,,,,,,, , n vi.. ;,/-‹ ,,„,r,,,...,',:.,4,,, .-')** . , I'''',phit Ak . .,,,, ,''4'*' '',,, :: ` Fr s ra *a i � ' ek �" '�'' A 3��r����g J0�> �� ar a� # ff �'+', � ' '" r , as "' �. .ti ..r� Y.y�i*�', .4 I ' 4',:a:iir ' ! ' 4v ' it' 0 .4 - • v 4" .V r.: ; � � i f> N. '444,01,4,4A:&; ��." � i-h£v 4 . Y , ., l v y �+ i ` Associated Press Sink hole • Workers of the Northern Indiana Public Service Co. capped gas mains the collapse. Brian Simmons was Injured slightly when his car fell Into after the pavement collapsed Thursday in Gary,Ind.,opening up a hole the hole.A gas company spokesman said there was no danger,but the 29 feet wide and 10 feet deep.A sewer-line leak eroded soil and led to neighborhood was evacuated as a precaution. ANOTHER GOOD REASON FOR AN ANNUAL Star Tribune SEWER REHABILITATION PROGRAM! ! ! SECOND Fly YEAR OF OUR PROGRAM IS IN DESIGN NOW: Jenusry 26/1990 ( ______/!#1,,A.)- Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 January 25, 1989 To Elected Municipal Government Representatives: The Metropolitan Waste Control (MWCC) is seeking applicants for the General Advisory Committee to the Commission which was authorized by the MWCC in December 1989. We are seeking eight members who are elected municipal government representatives, one member from each MWCC precinct. We are contacting your city/township to inform you of the formation of this advisory committee. If you or someone from your elected body wish to apply please submit the enclosed application. An informational sheet explaining the duties of the advisory ' committee, and a map indicating MWCC Precincts are enclosed. Applications are to be submitted by March 15, 1990 to: Metropolitan Waste Control Commission (6th Floor) Attn: Lurline Baker-Kent, Chair 230 East 5th Street ' St. Paul, MN 55101 If you need more information regarding this advisory committee, call Pauline Langsdorf (229-2102) . 1 I I I I 1 Equal Opportunity/Affirmative Action Employer O I Metropolitan Waste Control Commission ' Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 METROPOLITAN WASTE CONTROL COMMISSION GENERAL ADVISORY COMMITTEE WHAT IT IS; HOW TO APPLY I WHAT IS THE GENERAL ADVISORY COMMITTEE? 111 This is a new committee designed to serve a function somewhat similar to the former Sewer Service Advisory Boards that existed metro-wide before legislation in 1987 did away with the six service areas to establish one sewer service area. The job of this advisory committee is to focus on the sewer service needs of the ' communities of the Twin Cities seven county metropolitan area and to advise the Metropolitan Waste Control Commission (MWCC) on issues related to these needs. This new advisory committee will be formed in the spring of 1990 and will consist of 25 members and a Chair appointed by the Chair of the MWCC. Citizens serving on this committee should have a strong interest in the effective and efficient collection and treatment of the metropolitan area's wastewater. ' ITS PURPOSE The purpose of this advisory committee is to develop recommendations to the MWCC related to metropolitan ' area wastewater service and treatment with a focus on planning and managing for the future. The MWCC Commission will refer topics to be studied by the advisory group. These might include MWCC's budget, toxics control,odors,residual solids management,water quality issues,communication and public education " 'efforts. HOW THE METROPOLITAN WASTE CONTROL COMMISSION FITS IN The MWCC is charged with collecting and treating the wastewater of the Twin Cities area, to preserve and protect the environment. The MWCC serves 105 communities in the seven counties and treats more than 275 million gallons of sewage per day. The MWCC owns and operates 11 wastewater treatment plants and ' provides a series of interceptor sewer pipes to link the communities to the MWCC wastewater treatment plants. The agency is governed by a board of Commissioners that sets the agency's policy and represents geographic precincts throughout the seven-county metro area. The MWCC obtains a majority of its funding through user service charges. The Metropolitan Council,the chief planning and coordinating agency for the Metropolitan Area, determines which portions of the seven county metropolitan area are to have sewer service. The MWCC provides the sewer service to the areas designated by the Metropolitan Council. HOW MEMBERS TO THE ADVISORY COMMITTEE ARE SELECTED ' Advisory committee members are appointed by the MWCC Chair. The MWCC will ask for recommendations for committee members from the Association of Metropolitan Municipalities (AMM), the Metropolitan Area Managers Association (MAMA), individual cities and townships, local Chambers of Commerce, and various ' environmental organizations. The MWCC Chair will serve as General Advisory Committee Chair or will appoint a MWCC Commissioner to Chair the committee. The Committee will consist of one elected official and one appointed official from each MWCC precinct. There will be four members representing environmental groups, and four members representing industry. One at-large senior citizen member will represent economically disadvantaged senior citizens. Members serve staggered three-year terms. (Initially members will be appointed to one, two, or three year terms to establish the rotation process.) ' Equal Opportunity/Affirmative Action Employer O )1 _ il.__.- , _ ,5 Metropolitan 1111.1 ' Waste Control ST Oman Commission 1 lwro0o 2.14 MKS NI- •••• ANOICA CO. toau«•uf / I KKr LORI I *1W SC•NOla R G I tot. EZ l/w N•N1 .. r•f1•N N11M 4 6w4 N 661.1 wall. Cult lvgt! 11111. OVUM //' 11.1 NIK• •qW/ 1INOTO,t K111wtt . WASHINGTON CO. j, , • I oww•114.11111;t•r j _T--�—� K[NINISI tN(wN wit 01.11 Mw 27 ` •eNw1AM1R •�•Itl� I frKtutEe OCRr•M wn 11.1, I - I�NNEI�N CO. wctr :«.• w•� d,, a 'o••Nr. L tr w/N/M /i«tf Sys Otw(rr• 101126 �Y1.0� SIT. _•/a ;- l 1 N1(n«1a1et % 11.14 Ianlwel o fl Irna Illp 1K{atom i 1.111111 Mil O. 1V CI jiP WIHOON _--� 6[MN1 ll ...too** •KKK( laR[ —.-- _ • 111111 ltr0 J M1 t•1%�� I 7 a(St 11110 I RA SEAR Co Q I t1 iat1.I0.1 f/ •.i 1411 11 1* YY s1 1111 1 wWTM1L '/� / /� t NN � 1YOT• . 1A 1•Y• KasmppO I 1111 wtO at I • d' [j,�` ll/ 1�; . 1 + y ,,/jj tIN•a1 •of 0 ! A ST C[.1 N•tui : I - --- 1 ---- •e�;1 L^J O vu 111111 a SWII0K allot �, iM1• 1 riW k N70�1 �(�� •1l/ • •1• /O1t1 1(tl 611111 NCwgl• ..N11 yowl• ST wt.[.or 1• '' 6/.14111(• 1Z M11wtl no •W G•rOtN i ...co... �• lN110*. (111/1111. ,11 KW wK•N• •e 1 1 6111• MwwwNitw NN•11011 _ —_--I CARVER CO. —1 a•aw MN1ry cwrr•u cleft Dt««.•a h—_--_ t«•sw• f�1[1w1 i OAROTA CO. _ rI3 i c•6vu w aoN t Min Daaw/N LI 1111 y HNIo« I I I 1191!1•l1 1 7w."7"sj" 1 ( 4•.6611• 1 I I 1 vtlrN11011 p.a.. 1 Kaa,ON la 1 SMWG.tool I Iat INI 1.(1111 ...ma 1 a rows...« I I Mate I 1 1(11 1111 I 01 SCOT CO. I •""""' ST 11«11«cl( 1 1 •_.Ill/SKIM 1 -- I I 1 N1n•.w.14 i I lg_ J I [111• r •1.14111 I SEW t IIa*( I r/tt«• CIO..V1 I I I wr1 or D"1 i 5 • /mesas c Soc. I Kw wn[I I I I wt'�v1it II � 1[j��1I 1 1 , ..1..110« I DO uGa•s i NKIIII I itN ---._ I I 1 —4 1 ••NDO!I« I 1 Filo.1 t I1 k/1111. f 10 11 70 ?f sa[tNyK1 Iw•1111 a'I• - I 1 •l WI/ Ti lc • 1 - Date IAPPLICATION FOR METROPOLITAN WASTE CONTROL COMMISSION GENERAL ADVISORY COMM TTEE APPOINTMENT I Metropolitan Waste Control Commission Mears Park Centre, 230 E. Fifth St. St. Paul, MN 55101 612 222-8423 I NAME: I last first middle ADDRESS: street number municipality or township zip code IMAILING ADDRESS (if different from home address): Istreet number city state zip code PHONE: Home Business IMETROPOLITAN WASTE CONTOL COMMISSION PRECINCT (see enclosed map) CATEGORY OF MEMBERSHIP: NAME OF GROUP REPRESENTED: IElected Municipal Official Municipal Staff I Environmental Group Representative Industry Representative At-Large Senior Citizen I EMPLOYMENT: Please be specific in providing beginning and ending dates for employment and membership in civic and similar organization. IEmploying firm, agency Address Position Beginning date 1 Years with agency I Other work experience (optional): Employing firm,agency Beginning,ending dates IEmploying firm,agency Beginning,ending dates Employing firm,agency Beginning,ending dates ICIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: I Organization. Beginning,ending dates Position Organization Position Beginning,ending dates 1 Organization Beginning,ending dates IPosition (OVER) I OTHER INFORMATION (Please give beginning, ending dates, if applicable.) I I ADDITIONAL INFORMATION: ' The following information is optional and is sought solely for the purpose of broadening citizen participation in the Metropolitan Waste Control Commission's decision-making process. Sex Race/National Origin _ Female American Indian/Alaska Native _ Male _ Asian or Pacific Islander Black _ Hispanic Caucasian i — Other(specify) Check if the following applies to you: 1 _ 60 year of age or older 1 REFERENCES (optional): A. full name relationship mailing address phone number B. full name relationship mailing address phone number If you have any questions, call the Commission at 229-2102. ' Return to: Metropolitan Waste Control Commission Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Attention: Pauline Langsdorf SPRINGSTED I PUBLIC FINANCE ADVISORS 85 East Seventh Place, Suite 100 °/ ' "° Saint Paul MN 55101.2143 I 612.223.3000 Fax: 612.223.3002 IJanuary 31, 1990 IMr. Don Ashworth, Manager Chanhassen City Hall 690 Coultier Drive IChanhassen, MN 55317 Re: Community Center - Financial Feasibility Analysis IDear Mr. Ashworth: I It is our intent to confirm our understanding of the objectives of the financial feasibility analysis we are to perform for the proposed Community Center. The overall objective is to quantify the cumulative financial impact of the Center on the City. This general objective can be segmented into three areas: 1 1) What is the estimated annual debt service associated with construction of the facility, and what portion of this debt service is to be funded by City-wide property tax levies? I2) What is the estimated change in property taxes on an individual property owner basis for representative classes and values of properties? I 3) What can the City expect financially from the operation of the Center, most notably the ice arena and swimming pool components? I Based on this information, the City Council will decide whether to place a referendum question on the ballot for the November general election. 1 We have developed a work plan intended to yield the estimates indicated above. The work plan can be summarized as follows: 1) Construction Financing Ia. Receive estimates of total construction costs from HGA for each of the four alternatives; I b. determine complete financing budgets and recommended structure for repayment; c. perform interest rate sensitivity analysis on financing structures and identify I "most probable"scenario for estimated debt service; d. locate and quantify non-property tax revenue sources (school district remittances) available for debt service; and e. estimate net annual property tax requirements and estimate required increase Iin property tax rates. Indiana Office. Kansas Office. Wisconsin Office. JAN 3 1 1990 I 135 North Pennsylvania Street 6800 College Boulevard 500 Elm Grove Road .L .7�7 Suite 2015 Suite 600 Suite 101 Indianapolis. IN 46204.2498 Overland Park, KS 66211.1533 Elm Grove, WI 53122014/OF CHANHAS: 317.684.6000 913.345.8062 414.782.8222 IFax: 317.684.6004 Fax: 913.345.1770 Fax: 414.782.2904 Ci ty of Chanhassen, Minnesota January 31, 1990 ' Page 2 2) Estimate of Individual Property Tax Bill Classes ' a. Receive from City classes and values of property representative of the City; and b. perform estimates of property tax impact. 3) Financial Operations Analysis a. Review the materials already prepared by the City and identify specific testing areas for sensitivity analysis; 1 b. draw upon the operational experience of similar facilities located in comparable jurisdictions; and c. determine a "most probable" operations scenario with the resulting financial outcome and quantify changes to this outcome given changes in the testing areas. ' The schedule for completion of the analysis is to have a draft available for the Committee's review by early March. ' We would like to receive any comments of the City and Committee regarding the objectives and the work plan as soon as possible. Please feel free to contact us if you have any questions. Respectfully, David N. MacGillivray Vice President mmr I 1 1 1 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 February 2, 1990 ' Rosemount, Inc. Attn: Mr. Jeffrey W. Schmitt 1 Vice President - Canpany Services Mail Station A7 12001 Technology Drive Eden Prairie, MN 55344 ' Re: Temporary Signals - T.H. 5 at Market Boulevard Project No. 88-22A-4 1 Dear Mr. Schmitt: ' This letter is to bring you up to speed on the status of the temporary signalization of the Market Boulevard/T.H. 5 intersection. As noted in the attached submittal from BRW, we have accepted the quotation fran Egan- McKay and have directed them to begin the installation immediately. It is quite possible 1 that this system could be operational by the first week in March, weather permitting. As noted, their bid for performing this work is $26,324. ' When the signals are activated, the controller will be timed based on our best estimate as to traffic loading. It will be important for you to advise us of your staffing situation so that the signalization sequence can be properly fine ' tuned. I would appreciate your best guess at this time as to when you might achieve full operational status. We are glad to be nearing completion of this task. If there are any questions, please call . Sincerely, CITY OF CHANHASSEN G G. - ren, P.E. C ty En. ' eer OGW:ktm 1 Attachment: January 30, 1990 letter fran BRW with quotation c: Gary Ehret, BRW City Council Administrative Packet (2/12/90) 1 1 I ti PLANNING TRANSPORTATION ENGINEERING URBAN DESIGN BRW.INC. • THRESHER SQUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS.MINNESOTA 55415 • PHONE: 612/370-0700 FAX. 612/3701378 I January 30, 1990 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attn: Mr. Gary Warren, PE City Engineer RE: TN 5/Market Boulevard Temporary Signals Dear Mr. Warren: We have received quotations from two contractors for the installation of the above-referenced signals. As is obvious, Egan-McKay is significantly below the price of Killmer Electric. We have contacted both contractors and determined that two reasons contribute to the significant difference. 11 Egan-McKay will use used equipment. Killmer will not. 12 Egan-McKay needs the work. Killmer does not. ' Since Egan-McKay installed the loop detectors, is low bid, needs the work and can start immediately, we have directed them to begin work as soon as possible. We hope you concur. With good fortune and good weather, we hope the system will be operational in about four weeks. Sincerely, ' BRW l. C1.11'4/ dc/c/-5-111- CITY OF CHARM:SDI Gary A. Ehret, PE Project Manager LOWER ' GAE/sk JAN 311990 File 7-8916 ENGINEERING DEPT. I AN AFFILIATE OF THE BENNETT.RINGROSE.WOLSFELD.JARVIS.GARDNER.INC.GROUP DAVID J BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E.JARVIS LAWRENCE J.GARDNER THOMAS F CARROLL CRAIG A.AMUNDSEN DONALD E.HUNT MARK G SWENSON JOHN B.McNAMARA RICHARD D.PILGRIM DALE N.BECKMANN DENNIS J.SUTLIFF- JEFFREY L.BENSON RALPH C.BLUM DAVID L GRAHAM MINNEAPOUS DENVER PHOENIX TUCSON ST PETERSBURG I s,NEF;,' I =,.', `-K-= __, - .. A. EDAM MCI'/A ° ELECTRICAL CONTRACTORS, INC. g,�.<., . ,, 7100 MEDICINE LAKE ROAD • MINNEAPOLIS.MINNESOTA 55427 I "" ' TELEPHONE 544-4131 • AREA CODE 612 January 26, 1990 BRW I Thresher Square 700 Third Street South Minneapolis, Minnesota 55415 I Attn: Mr. Gary Ehret r,t i , s Of 1 - ) Jam+ I Re: T.H. 5—Market Blvd. Signal System IDear Sir: InforlrEation and cost of signal systen of T.H. 5 and Market IStreet as requested in your letter of January 17, 1990. #1 Lump sum quote for constructing the system $26,324.00 1 #2 Equim ent schedule - all material in stock. #3 Construction schedule - we would start construction Iinnedistely. All the material would be new with the exception of the traffic signal heads which would be used. ly, I .Z.b.." 62.A.-.............c. Donald P. Swanson I I I I TE , riANAMSZ.1 One contract providing complete Mechanical-Electrical Services for commercial and industrial construction , , A _ , .,. Aii.ê ' ;;From the ,ea ue' Vlinnesota 'ities ' 1 g 183 University Ave. E., St. Paul, MN 55101-2526 (612) 227-5600 Ijr,n.Section 2 /� C.C.POCK I DATE: February 2, 1990 II ,P,A Pack —. Date R .Y 0 TO: Mayors, Managers, Clerks IFROM: Don Slater, LMC Executive Director RE: Tax Increment Financing -- Legislature is Intent on IIMaking Major Changes in the Law ITHE CURRENT SITUATION REGARDING TIF There is a clear and present danger that the Legislature will take I action to restrict tax increment financing during the session that begins on February 12, 1990. The new chairman of the House Tax Committee, Rep. Paul Ogren, has directed Rep. Ann Rest to prepare Ian extremely restrictive tax increment bill. Rep. Ogren has publicly announced his desire to consider tax increment legislation during the 1990 session, even though studies of TIF II by the Legislative Auditor and the Finance Department will not be completed until after the session ends. Senator Ember Reichgott is preparing to introduce a bill that I will severely restrict cities' ability to use tax increment financing. She claims to have support from Perpich administration officials, county commissioners, and influential legislators. I Others known to be seeking more restrictive TIF legislation include the School Boards Association, the Minnesota Business Partnership and the Citizens' League. IWe aren't sure whether these formidable forces can be stymied in the Legislature this time. The League is working with the Minnesota chapter of the National Association of Housing and I Redevelopment Officials (NAHRO) and trying to form a broad coalition of all parties interested in preserving tax increment financing. I <<�. ... FEB 0 5 1993 on' OF CfiAN HASStry i over 11 1 WHAT CAN YOU DO? Personal Contact Contact your legislators, particularly your members of Y Y the House, and let them know that further interference with TIF will impair your ability to develop and redevelop your city. - Urge them not to attempt to unravel TIF in this session. We ' need time to study the effect of the major changes they made in 1988 and 1989.. - Remind them that enacting changes before the studies by the ' Legislative Auditor and the Department of Finance are published in the summer of 1990 will make these studies less valuable. ' - Urge them to design a statewide economic development policy before focusing on the tools of economic development. Urge Others to Contact Legislators Ask local developers, labor unions, and members of your chamber commerce to contact your legislators and tell them the importance f of preserving TIF for economic development and redevelopment in your city. ' At this time, the best thinking we can assemble is the following: 1. Recognize that the state needs a state-wide redevelopment and economic development plan; ' 2. Recognize several current ongoing studies of TIF; and 3. Suggest that TIF be evaluated as a tool to implement a state plan and not restricted before we have an adequate general plan. • I 1 I 1 r r On behalf of the Friends of the Library of Chanhassen , you are cordially invited to a REMODELING CELEBRATION of the Chanhassen Library FEBRUARY 8 - 10 , 1990 . rDuring the three day celebration the following events will take place : rBOOK SALE will be held all three days . rCOMPUTER GRAPHICS PROGRAM will take place on Thursday , February 8 at 7 : 00 P .M . The program will feature r animation and cartooning and will be presented by Graphic Communications , Inc . of Chanhassen . rCHILDREN' S STORYTIME on Saturday , February 10 at 11 .00 A .M . r REFRESHMENTS will be available on Saturday , February 10 . r TWO PRIZE DRAWINGS will take place on Saturday , February 10 at 2 : 30 P .M . Entries will be limited to one per r person and accepted February 5 through 2 : 00 P .M . on February 10 . r FREE BOOK BAG to each visitor - one per person on Saturday , February 10 . rSPONSORED BY : Friends of the Chanhassen Library rCity of Chanhassen r r FEB 0 6 1999 ein OF CHANHASSIA I CITY OF , .„ . I •• L_ ‘ - .:" ' CHANHASSEN I :, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I Action �y Cc nc:h MEMORANDUM Action by City Administrator TO: Don Ashworth, City Manager Endorsed Ir Ag16. ':w :_ ,._.._...—__z. � 1 Modif ied ri ;=..�'_o__.....___ FROM: Gary Warren, City Engineer Rejected D.:::.____._._.._._ �____---_ itikte - /S-/9 IDATE: January 31 , 1990 Submitted to Commission e Park Apartments SUBJ: Heritage P bete Suhmitted to Council Retaining Wall Request Cr _ .Z/�2 /90 1 File No. 89-5 Land Use Review I As requested, I have reviewed the December 4, 1989 request from Mr. Brad Johnson, on behalf of the Heritage Park Apartments Partnership, for the City to construct, pay for and maintain a I two and one-half foot high retaining wall along a portion of the southerly property line of the apartment site. It is my conclu- sion that the problem which the retaining wall proposal is intended to address is a result of the building foundation being I raised by the owner without submittal and/or City approval of a detailed utility plan. As the attached conditions reveal, this was a separate submittal required by the City for review/approval I by this office. This never occurred. The attached information from BRW summarizes the elevation history for this building. The actual building first floor, shot October 16, 1989 , is 982. 5 1 feet, which is 2. 5 feet above the approved preliminary site plan and 1. 5 feet above the owner 's preliminary construction plan. An earlier review of this matter with Steve Kirchman, Building Official, revealed the change in building elevation was done I without final City approval and a net difference of 1 foot 8 inches was identified on these plans. 1 As in Mr. Ehret's January 3, 1990 memorandum, I am not aware of , nor have I been presented with, any factual data to support Mr. Johnson's contentions that the City's parking lot elevation has substantially changed. This elevation change is also disputed in Ithe January 29 , 1990 information provided by Greg Roy. I concur with the proposed solution, i .e. construction of a I retaining wall , although in my opinion a wood retaining wall would be more consistent with the City ' s downtown construction. I believe the wall should be located on the apartment building pro- 1 perty and a plan submitted for approval by this office showing I Don Ashworth January 31, 1990 Page 2 1 the proposed grading, retaining wall and landscaping. As agreed to previously, the City is responsible to grade and landscape this portion of the project which will be completed this spring. A contract amendment would be required if the retaining wall were to be constructed with the City 's parking lot project. Attachments: 1. Memo from Brad Johnson dated December 4, 1989 . 2. Memo from Gary Ehret dated January 3, 1990 . 3. Memo from Greg Roy dated January 29 , 1990. 4 . Excerpt from conditions of approval . c: Gary Ehret, BRW I I 1 I I I I I 1 LOTUS REALTY SERVICES 545 WEST 78th STREET, P.O. BOX 100 CHANHASSEN, MINNESOTA 55317 (612) 9344538 Ca„y w /Cc-4-y F. - 1/Ca .. J December 4, 1989 4'- ?/d i2- i6 ' Al. . ' y....,. .te s rti.../..j ,9 .. 1k • Mr. Don Ashworth �'" Executive Director Chanhassen HRA 690 Coulter Drive Chanhassen, MN 55317 Dear Don: Concerning the grade problem between Heritage Park Apartments and the City parking lot north of the Chanhassen Professional Building, Lotus Realty Services, on behalf of the Heritage Park Apartments Partnership requests that the HRA/City pay for the construction, maintenance and repair of a 2 1/2 foot high retaining wall along the south property line of Heritage Park Apartments. The wall is needed because of the substantial change in the elevation of the City designed parking lot from what the apartment developers were expecting. ' The wall would be constructed of the keystone system similar to the wall near the apartment building's garage entry. The estimated cost is $8,000. With a wall of this type the apartment building I property could be graded to have a slope of about 1 to 5, which would allow the landscaping along the south side of the property to be installed as designed. ' Thanks for your consideration of this request. Sincerely, / Brad Johns CITY OF CHANHASSEN BJ:lp t� � � l,, cc: Ken Talle DEC 1 91989 ENGINEERING DEPT. I DEC 0 6 19$9 CITY OF CHANHASSEN I • • 89itur PLANNING TRANSPORTATION ENGINEERING URBAN DESIGN BRW INC - THRESHER SOUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS.MINNESOTA 55415 • PHONE 612 370-0700 FAX 612 370-1378 January 3, 1990 cc 7:4/ City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attn: Mr. Don Ashworth RE: Heritage Park Apartments Dear Don, My comments in response to the request by Lotus Realty for the City of Chanhassen to accept responsibility for costs associated with the construction of a retaining wall between the Heritage Park Apartments and the North Side Parking Lot are fairly brief. They are: ' 1. It may be possible to achieve grading of the area without the construction of a retaining wall; however, a retaining wall does appear to be the best apparent solution. 2. There are numerous types of walls available. Our past experience with the Keystone wall has been positive and I have no problem with the use of this ' product for the wall. The only question in my mind would be: Does the City prefer a wood wall consistent with the other wood walls which were constructed in the downtown, rather than the Keystone wall proposed? (An example would be the wall behind the shopping center just to the west of Ithe area.) 3. The per square foot cost of the Keystone product should be fairly con- 11 sistent with the cost of the wood retaining walls we built in the downtown (i.e., 12-15$/square foot). 4. The need for and benefit received by the construction of the wall is appli- cable to both the apartment project and the North Side Parking Lot. I do not understand or agree with Mr. Johnson's premise that 'The wall is needed because of the substantial change in the elevation of the City-designed ' parking lot from what the apartment developers were expecting.' I have no idea what factual data this statement is based upon, and in fact, I believe it is quite obvious that it is the apartment building that is signifi- cantly out of sinc with the rest of the area (in elevation). AN AFFILIATE OF THE BENNETT RINGROSE.WOLSFELD.JARVIS.GARDNER.INC.GROUP „-.�r - -^ D A V I D J BENNETT DONALD W RINGROSE RICHARD P WOLSFELD P E T E R E.ARMS LANRENCE.1 GARDNER THOMAS F CARROLL CRAIG A N A19Z HUNT MARK G SWENSON JOHN B MCNAMARA RICHARD 0.PILGRIM DALE N BECKMANN DENNIS J SUTLIFF JEFFREY L BENSON I LvGRAHAM MINNEAPOUS DENVER PHOENIX TUCSON CATY .. i at Mr. Don Ashworth ' January 3, 1990 Page 2 Therefore, I have a problem with the City agreeing reein g g to the entire cost bur- den based upon Mr. Johnson's statement. However, I do believe that given the situation that currently exists, some of the construction cost of the wall should be a cost associated with the North Side Parking Lot. The questions I would have are: A. Who designs the wall? B. Who constructs the wall? Let me know if there is anything else I can do. ' Sincerely, BRW ///i 4 A. hret, PE • Project Manager GAE/sk cc: Mr. Gary Warren File 7-8915 1 1 1 1 1 1 I IIEEWPLANNING TRANSPORTATION ENGINEERING URBAN DESIGN BRW,INC. - THRESHER SQUARE - 700 THIRD STREET SOUTH • MINNEAPOLIS.MINNESOTA 55415 • PHONE. 612/370-0700 FAX 612/370-1378 MEMORANDUM 1 1 DATE: January 30, 1990 TO: Gary Warren FROM: Gary A. Ehret - RE: Heritage Square Apartments As you requested, we looked through our files for information related to the various elevations of the Heritage Square Apartments. Attached is a summary put together by Greg Roy. Please note that we never received final construction plans although I believe we did briefly use them. Let me know what else I can do. ' GAE/sk Attachment File 7-8912 CITY OF CHI** SSEN PO,51,7 iJ JAN 3 1 1990 ENGINEERING DEPT. 1 11 MINNEAPOLIS DENVER PHOENIX TUCSON ST PETERSBURG fiMFAIIIIIIIMIffilliMININAMMIMM111.11.111111"111MMINA I . I RE6 4/okrAl sa) PARtemf6 _____ 111_ 1 _ __ _ - _ 1 : II. I I : 4/0414td~. /9414,,. .41.•-• 014/1-•"41441.04:7vu 64447. elAsi..,,,, .._ _ _ i 1 I __.9.9/. i : _ci44.14:4 _ 0.?1,1__Ia.c.gljziefr. -ced 70.4-er4 - 10 1- a'-‘4A- I_ ! - 1 : * cl,t.k•at JA-vit704--e : .0eie_ F72. $". . . ,-71,.) I1 I.!! __ __ ,4„.,-91,4e....40e. a_ 2 I. Z5--% rat . en _a 3/-672.e. . . _ da : ...___._ __...,ei,, ezte44, 0 fratto:d) I. 1 , / ...dvritte-vv --.7:14; 1 lir II— o 1:. - - I: !1 ii 1 I evdt-get:e, f:._;_r .ii lil ex".4 A; 47,"al 97z.5-.3-4 1,1 4., atz.eue_._ of pe40-4d ..,66- 66;ett-vve.;- .4e&ter-... aity.. II,-- 1 1 - __ Fi I ---- I 1 _ el 2144/. _AV44) .44•4tit.4...,!- a __. _. ___.. ._ I oAcAApize- Afrzteu... 76604,- 3: 1. ale,,, I- li ii-t- -- at.4.-,e4,44reg4441.44,14d atz 511- jtsie,I I i 1 ,•I Ot1444./. . .410/1"4/._.?fr14101dy et.... Z:/ . i . . • ! i 1 7 7 - r."4,1_ d1714.•_if....Z.1 .2.1A■s4.4-.m..dA.41 ene..4A.-Z, _>_.._:: . .6...- - . _AP-1: _ 1 JOB /14d/a(4-4 4/141. NO. IMADE BY €.e• DATE ' Z9-90 JOB ND. 7-B 9/S� BIM CHECKED BY. DATE SEC. SHT. NO. / CALCULATIONS FOR �-i "'ice_ /i i • /// / 4 �_ I 2 3 4 5 6 7 8 r9 1 2 I 3 4 5 6 1 7 8 19 10 ' :; 1 13 14 15 .. - 16 Altifeco /et Ye& AI"01/.4%, Ia.- 60.n. ,c r. I 17 Sh 4718 S//3/�g7 -- Rd. GLi /, 970 980 19 /,!4g 20 s,'�2/SS .44e O<,4 .24.. 970 980 I 21 thin 22 /Z/z08 — ea /94. 972.33 981 1 23 24 I 25 ,. AVg in 4a6 .4 d 972.67 982.5 26 I 27 28 29 31 1 �r CITY OF 1 11110r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Mana e ' FROM: Barbara Dacy, City Planner DATE: June 23, 1988 ' SUBJ: Final Plat Approval - Heritage Square Additi n (PUD 87-1) ' BACKGROUND The City Council approved the PUD amendment and preliminary plat for the above referenced project on June 13, 1988, subject to eleven conditions: 1. A detailed utility plan showing water, sewer, and stormsewer 1 connections as well as fire hydrant locations shall be sub- mitted and approved by the City Engineer prior to building permit issuance. ' 2. A revised landscaping plan shall be submitted indicating the additional plantings to be located between Chan View and the parking area. 3. A pedestrian walkway shall be provided on the site in con- junction with the development plans for the retail projects to be developed to the south and east of the parcel. 4. Detailed facia and signage plans shall be submitted for Planning Commission and City Council final review prior to 1 building permit issuance. 5. Removal of the existing single family residence shall be ' accomplished prior to building permit issuance. 6. Detailed lighting plans shall be submitted prior to building ' permit issuance. 7. All parking areas shall be lined with concrete curbing. 8. Compliance with the comments as noted in the Building Department memorandum dated May 25, 1988. 1 1 I s. - .J a' .# , r 1 .1 J y ) 3 i ,1 ) ) ) ) ,f N ff Q',O Vi n CG1M G:N■∎N r Q N :rn 20 0 O 1N N fN)N N g tN Ni:7N O.V) I 1g Q o N N g f Oi; N Q Q iQ 'Q n Q 5:Q O f NfP 1 2 :{n? 2 O•4�b N f0 Q:m 2,D�p I 2 O r,N'2 r r t?.‘■ I 1 I IiE � 4 I 1 I + t i 1 I I I I E E 1 1 H. 1 I0) 1 Q F . a n w 1 ` 0 I P A U-4 N IQ w I I ' 0 1 N 1 O 1 I 1 iw w I I ` -I I I , > - a ° z z 1 CO - - I Q I I- • 1 3 L7 . 3 QT� if IL 0-4• w I , E U U - i 0 I U _ I� a n I " "' O ' I r a la E z f 2 N I En N ( 1 + N Y -. ( z I �i t) C D I U • y i l ! f O N'naiD 37}n mmOi�Nn einb �'�O r.In at0 nm7f O"^N^/ag0 m O.-`in77_, z ,TC-^Nna;2pn m'm o—^•"n nnn �� Nn elan.cn m�m NINNN NiN NN !Vnnn�n nn nin nn c;aaaee e•v a�a �� .n n:nm�.n sv^mmmr.�umf.�.� I1 f I I I E f�f I IiI f I ( 1 f ( t ■ ► ! I 1 ' H . I k ( f 1 i I I/ E f I I I 1 I i i I I I f II E s I Q � i ' Q l 1 I i CC Cr I 1 � CO 0 N N I U! W LI1 W i J Uf 1 f I � ¢ E t aa I I U > z M 1 f f ¢ • z i 1 I s z w I Ns Imo tai 1-01• ►. 3 Z••+ = 5 N I 0 W U O • to S U .. co U U !A M UT m M ! ¢ PI es • 1 M:L O 131 CD C i 0. 1 U I N , a 0 n n m m o N N a 00 . m m 0 N N 0 0 m N m m o .- N n 00 m m m o N N a m m m 00 N N 0 0 m M' N N N N N N N N N N n n of m A rt n 1I n ro a e e e e e e d e e m b n 0 0 0 0 Y MIN Ili MO MI INN IMO I= MI MI II • MN MIN MEI • MN MN NM IIIIIII IIIMII ------ : CHANHASSEN H.R.A. ACCOUNTS PAYABLE 02-12-90 PAGE I. 3 41_ --- ---- 1989 5 CHECK # AMOUNT CLAIMANT PURPOSE 6 7 • --• - - _ 9.- 032810 4,975.00 STACO, INC. OFFICE EQUIPMENT 10 11 ,, - I 4,975.00 NFCFSSARV FXPFNRTTuRES SINCE LAST rOUNCIL MEETING 0 . 12 _..._ 13 14 1 15 L. 16 2 17 - - . - 3 18 4 11 20 5 ___ . 21 - 6 22 7 23 -- 24 8 25 26 I 0 27 • 28 29 2 -- 30 3 30, 2 4 3 , 3.1 5 3 34 6 7 36 3/ 81 8 9 3 39 40 0 ----------- 41 21 1 4423\‘-) 44 3_ - 4 - - 41., 40 5 4/4".. 48 6 -------_-- 49 :7 50 -a 51'L" 52 :9 --. 53 54.4..,_ 1 __56 2 57 3 58 4 5941.. '61 5 0 1 6 62 631w 7 8 64 -. - ----_ 65 66 0 67'6°' 68 1 6 __ 9 2 70 3 71 4 77 - - _.-----_- - -- - - . - . ... 61 74 6 1_ 11111 �N�� �N��U �� ���������������� � �� ` ---' CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 01-22-90 PAGE 1 - -- -- - - - 1 2 1989 " 3 CHECK w AMOUNT C L A I M A N T p u n P o s e • � ' » 4 ----___-_ 5 5 " 6 0397*5 --_ 7'000.00 CONTRACT SyCS. m SUPPLY FEES, SERVICE _ 7 7 9 8 039746 123.02 E 0 S CORPORATION FEES, SERVICE to 9 " `" 039747 798.75 HOISINGTON GROUP, INC. ,FEES SERVIzE------ 11 ," 12 039748 �on'ezL.� LSA�� ��§��� �ssa, os�v�cs ,'^ ." 14 039749 45.10 ROAD RUNNER FEES, SERVICE 181,s `" 16 5 8,070.70 CHECKS WRITTEN ---- --� - -2� `' "^ 18 `' 24 `° 25 20 26 21 27 o o ' 291 m "` ,s ------ - ---------- --- - - - - -- ------ ------- -____' -_ __-___- __ -__-- -__�p 3-3 26 34 o 35 28 _____36 `' 29 38 uv .39 _-- "" 31 ___- '_ __ _--_�-'_-_' ___ 41 . o = 35 ^"/ 36 47 ,, - --- _--______'___-'--__- __' '--_--__ ■18 = 38 m � ^` 52 ^" ___-__--_----_ .` = 42 3/5 - 3.8 44 m � � _____________= "' "' 6.2 48 "1 " m --------- - --' ' - 533 ° m ) m ~ - � �o ,0 54 ,` - _ - - _ 55 - - - - /3 '" 1*56 n' 1 P ; , '!" 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',:,' 4 4 A ; A A A A A ',.; A 4 4 ; 4 I 4' I 4' 4 4 4 4 2 2, 7, 1) I ,A 8 1 I la CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM ' TO: Don Ashworth, City Manager FROM: Lori Sietsema, Park and Recreation Coordinator DATE: February 5, 1990 1/-7 SUBJ: Criteria for Commission Selection The Park and Recreation Commission is currently reviewing 10 applicants for 3 Commission positions. The Commission has developed the list of criteria below by which to consider each candidate. 1. Membership should represent all areas of the City to the extent possible. 2. Membership should be representative of all areas in propor- tion to the total population. 3 . Membership should consider re-appointment of current outstanding members wishing to be re-appointed 4. Membership should be composed of a variety of careers and interest groups throughout the community, i .e. business com- munity, CAA, school representatives, lawyers, architects , maintenance workers, etc. 5. Membership should, to the extent possible, include a variety of age groups. 11 6 . Candidate selection should be based on the interview. The Commission will be holding interviews with the 10 candidates at their meeting on Tuesday, February 13, 1990 at 7 :30 p.m. The Commission has extended an invitation to Council members wishing to be invovled in the interview process. I 1 timn.Section CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. c.c.pwk J2 iAttorneys at Law N?,;Peck Date "9 I T'homa,1. ( ;un1 l•cll Roeer N. 1.T It' ;, Thom.1, � 1\ . .,,tt (612) 456-951Q t an (e. \1. h; Facsimile (612) 456-9542 lame'R. \\.il.tun Elk it R hn.t..h Dem.). ('two January 31, 1990 I Roger A. Pauly, Esq. Lang, Pauly and Gregerson 370 Suburban Place 250 Prairie Center Drive ' Eden Prairie, MN 55344 RE: City of Chanhassen v. Henry A. Pauly, et al . Dear Mr. Pauly: Enclosed herewith and served upon you please find Notice of Motion and Motion together with Petitioners Memorandum in Support of Motion all in the above-referenced matter. ' Very truly yours, CAMPBELL, KN SON, SCOTT & FUCHS, ' .A. By: .(44_. .. r / Ga IG Fu its GGF: jag Enclosures I I I 1 FEB 01 1990 ■ cai OF CHANHASSEN ■ Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thnm,1. Limphrll Rovcr N. l\nUhtnl Thosn,t•NI. tioat (612) 456-9539 Gary m Fur h. Facsimile (612) 456-9542 lames R. W,,Lson Elliott R. Kno.-h Dennis 1. limo January 31, 1990 1 Court Administration Carver County Courthouse 600 East 4th Street Chaska, MN 55318 RE: City of Chanhassen vs. Pauly et.al . Court File No. 87-22584E Dear Sir/Madam: Enclosed herewith for filing is a Notice of Motion and Motion, supporting Memorandum, and Affidavit of Service in the above-referenced matter on behalf of the City of Chanhassen. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCH' , P.A. By: 11L t/: 4#S G. %y iG. gc s GGF: jag Enclosures I 11 I I I Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I 11 STATE OF MINNESOTA DISTRICT COURT ' COUNTY OF CARVER FIRST JUDICIAL DISTRICT Case Type: Condemnation ICity of Chanhassen, a Court File No. 87-22584E municipal corporation, 1 Petitioner, vs. NOTICE OF MOTION IHenry A. Pauly and Gloria I. AND MOTION Pauly, a/k/a Gloria 0. Pauly, Respondents. 11 TO: Respondents Henry A. Pauly and Gloria I. Pauly a/k/a Gloria 0. Pauly and their attorneys Lang, Pauly and Gregerson and Roger A. Pauly, 370 Suburban Place, 250 Prairie Center IDrive, Eden Prairie, MN 55344. PLEASE TAKE NOTICE, that the Petitioner, City of Chanhassen, will move the above-named Court on the 8th day of February, 1990, at 9:00 a.m. , or as soon thereafter as counsel can be heard, for ran order precluding Respondents from introducing any evidence regarding loss of going-concern value at the trial of this matter. Petitioners motion will be based on the files, records, and proceedings herein, and upon the attached Memorandum of counsel . Respectfully submitted, CAMPBELL, KNUTSON, SCOTT & FUCHS/ P.A. By: ,/ 1 .[�./ G. f t . F ' • s GGF:jag Enclosure 1 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: Condemnation City of Chanhassen, a Minnesota Court File No. 87-22584E municipal corporation, ' Petitioner, vs. PETITIONER'S MEMORANDUM IN SUPPORT OF MOTION Henry A. Pauly and Gloria I. IN LIMINE Pauly a/k/a Gloria O. Pauly, Respondents. Petitioner, City of Chanhassen, submits this Memorandum in ' Support of its Motion in Limine to preclude Respondents from introducing evidence regarding loss of going-concern value. 1 PROCEDURAL POSTURE The City of Chanhassen commenced this condemnation proceeding to acquire fee title to several parcels of property. The parcels to be acquired from Respondents Henry and Gloria Pauly include a 104 foot by 132 foot parcel of vacant land and a 20 foot by 97 foot strip of land used as a fire lane. The 20 by 97 foot strip was directly behind a bar, restaurant and off-sale liquor business operated by the Paulys. The 104 by 132 foot parcel was approximately 130 feet south of the business properties. After the condemnation proceeding was underway, at the request of Respondents, Petitioner added to this proceeding a 2 1/2 foot wide parcel along the easterly edge of Respondents property and directly adjacent to the off-sale bottle shop ' business. 11 I Prior to the Commissioners hearing, Respondents (along with another landowner whose matter has been resolved) determined that they wished to claim damages for loss of going-concern value to their bar, restaurant and bottle shop business. Believing that ' the Commissioners would not accept or consider evidence on that claim, Respondents sought a court order directing the ' Commissioners to consider evidence on the claim of damages for loss of value of a going-concern. Following a March 15, 1988, hearing, the court issued its order directing the Commissioners to consider the evidence of loss of going-concern and to give an advisory opinion on damages for that alleged loss. In complying with that order, the Commissioners report on damages separates damages to the real estate from the advisory opinion on loss of going-concern value. FACTS The City of Chanhassen has been engaged in redevelopment of its downtown area. As part of the redevelopment project West 78th Street was upgraded and new utilities were installed. New city parking lots were constructed and Highway 101 was realigned. West 78th Street borders Respondents property on the north. Highway 101, before realignment, bordered Respondents property on the east. New city parking lots were constructed directly across West 78th Street to the north of Respondents property and south of Respondents businesses. Prior to the city's improvement projects, Paulys owned an unimproved parking lot approximately 130 feet south of their businesses and a 99 by 97 square foot lot in which the businesses t -2- I were located. After the improvement project, Paulys have an improved asphalt parking lot directly adjacent to their businesses, which is maintained by the city, and a 79 by 97 foot 1 lot on which their businesses are still located. Before the improvement project, West 78th Street was located ' along the north side of Paulys businesses and Highway 101 was on the east. The improvement project realigned Highway 101 from the east side of the Pauly property to the southwest side of the Pauly property and directly adjacent to the parking lot which is south of the Pauly businesses. Before the improvement project, the general public could 11 park along West 78th Street on the north, along Highway 101 on the east, and in random fashion on the city owned property and the Pauly owned property to the south. Currently the public can park in the city owned and improved parking lot to the south of 11 the Pauly property and in the city lot on the north side of West ' 78th Street. This condemnation proceeding has not taken any portion of ' the buildings in which the Pauly businesses are located. The Paulys held an on-sale and off-sale liquor license both before and after the improvement projects and this condemnation proceeding. Paulys voluntarily decided not to renew the off-sale liquor license in 1989. The Paulys continue to hold an on-sale 1 liquor license and whatever licenses are necessary to operate the restaurant. The restaurant and on-sale liquor businesses are ' located in the same building and are operated in the same fashion I -3- as they were prior to the condemnation proceeding and the improvement project. ISSUE Is evidence for loss of going-concern damages admissible where the building in which the business is located has not been taken and the business has not been destroyed? 1 DISCUSSION The general rule of law in Minnesota is that loss of going- concern value is not compensable in a condemnation proceeding. 11 Housing and Redevelopment Authority v. Naegele Outdoor Advertising Co. , 282 N.W.2d 537 (Minn. 1979) ; City of Minneapolis ' v. Schutt, 256 N.W.2d 260 (Minn. 1977) ; State by Mattson v. ' Saugen 283 Minn. 402, 169 N.W.2d 37 (1969) . A narrow exception to that general rule was found in Saugen, ' supra. In Saugen, the State took the entire property in which the owner had operated an on-sale liquor business. The parties stipulated that the owner had unsuccessfully applied to transfer the liquor license to another location. The Supreme Court held ' that, under those stipulated facts, where the condemnation had 11 destroyed the business and City ordinances prohibited relocation of the business, ". . . the facts of this particular case fall within an exception to the general rule of no compensation. . . for the loss of the going business. . . ." Id. 169 N.W.2d 37, 46. Contrary to Saugen, in Schutt, supra, the City of 1 Minneapolis condemned approximately 20% of a parking ramp in Minneapolis. The owner claimed damages for loss of going-concern ' value. The Court held that the claimed loss of going-concern value was not compensable. In so ruling, the Court found that -4- 1 " (The owner) is not faced with a choice of losing going-concern value or attempting a temporary transfer thereof. It may remain in business on the same location as before, albeit with a reduced capacity to serve former customers. Schutt, 256 N.W.2d 262 . In distinguishing Saugen, the Court said, "The owner will continue to operate as a going-concern, even if profits are somewhat reduced. The Saugen case cannot be read so far as to compel recovery here. " Schutt, 256 N.W.2d at 263. The Court, in Schutt, set forth a two-pronged test to determine if loss of going-concern value is compensable in a condemnation action. The Court held that "Compensation for loss of going-concern value will be permitted where the holder of the interest to be lost by condemnation can show (1) that his going-concern value will ' be destroyed as a direct result of the condemnation, and (2) that his business either cannot be relocated as a practical matter, or that relocation would result in irreparable harm to the interest. " Schutt, 256 N.W.2d at 265. I Finally, in Naegele, supra, the Court interpreted and 1 applied both Saugen and Schutt. In Naegele, the St. Paul HRA took the entire property of an on-sale liquor business. At trial, the owner had made no showing of inability to transfer the ' liquor license to another location. Nonetheless, the trial court had allowed an award of damages for loss of going-concern. On appeal, in reversing the damage award, the Court held that the two-pronged test set forth in Schutt was controlling in ' that both criteria of that test had to be met before there could be any recovery for loss of going-concern value. I -5- The test in Schutt and Nae g ale, as set forth above, is two- pronged, requiring the Respondent to meet both criteria. In this case, while Respondents claim loss of going-concern, there is no ' evidence whatever that any of their alleged loss is as a direct result of this condemnation proceeding, much less that their business was destroyed by that condemnation. The city is ' condemning an unimproved vacant lot, a 20 foot fire lane and a 2 1/2 foot sliver of property along the east side of Respondents ' property. Unlike Naegele, and unlike Saugen, in which the condemnation took the entire building in which the liquor businesses were located, here, no part of the building is included in the condemnation proceeding. There is no direct impact on Respondents business at all as a result of the condemnation. Respondents business has not been destroyed as a direct result of the condemnation. Respondents continued to operate all of their businesses with all of their licenses after the condemnation proceeding just as before. Secondly, without any taking of the business premises, there ' is no need to relocate the business nor to transfer the liquor license to another location. However, even if there were, ' Respondents have made no application or request to the city to transfer the liquor license as was the situation in Saugen. Since it is Respondents burden to prove inability to relocate, ' without even a request to relocate the liquor license, Respondents cannot meet their burden, and all such evidence should be excluded from the trial. I I -6- It is clear from the transcript of the March 15, 1988, hearing that Respondents alleged loss of going-concern value is based on factors not part of this condemnation proceeding. The ' Respondents claim is for loss that allegedly resulted from (a) rerouting Highway 101 and closing that street along the east side of Respondents property; (b) the loss of parking on West 78th Street, Highway 101 and to the rear of Respondents business; and (c) the change in access and the loss of traffic flow and visibility due to the rerouting of Highway 101. None of these actions by the City resulted in compensable loss to the Respondent and none are compensable as part of a loss of going- concern claim. a. rerouting of the Highway is not compensable. In Hendrickson v. the State of Minnesota, 267 Minn. 436, 422, 127 N.W. 2d 165, 170 (1964) the Court held that "the great ' weight of authority, with which we agree, holds that a property ' owner has no vested interest in the continued flow of the mainstream of traffic, and the State may direct it to a new location without being liable for consequential economic losses which owners abetting the highway may sustain. " Similarly, in ' Recke v. State of Minnesota, 215 N.W.2d 786 (Minn. 1974) the landowner brought a mandamus action seeking damages for ' dimunition in value caused by the relocation and reconstruction of Highways 169 and 212. The Court restated its holding in Hendrickson and denied recovery for diversion of traffic or ' rerouting of a highway. I I b. loss of parking on West 78th Street and on Highway 101 is not compensable. 1 In State v. Gannons, Inc. , 145 N.W.2d 321 (1966) the landowner sought compensatory damages for rerouting of a highway ' and related traffic and access impacts on its business. Again, the Court quoted Hendrickson, supra, and said: 1 "All courts seem to agree that if the regulation or restriction falls within the states 'police power' , no compensable loss has occurred. Included in this category are. . . restrictions on left and right turns and parking; . . . . Id. at 326-7. " 1 Thus, Respondents claim for losses resulting from the lack of parking or a decrease in the parking available is simply not compensable under Minnesota law. ' c. loss of access is not a compensable element in a loss of going-concern claim. ' In State v. Gannons, Inc. , Supra, the Court also considered the compensability of a loss or change of access. 1 "What is reasonable ingress and egress is a fact question. . . if the jury determines that plaintiffs are entitled to ' recover, the measure of damages is the difference between the market value of the property before and after suitable access had been denied. . . However, no damages as such may be assessed for diversion of traffic or for loss of customers, business, goodwill, income or profits. . . . Here the diminution of value of only the real estate is relevant. " Id at 326-7. (Emphasis in original) . ' Evidence on Respondents claim that access had adversely impacted the value of their business is this not admissible ' because it is not compensable with respect to loss of going- concern value. It is only compensable, if at all, to the extent it diminishes the value of the real estate. The extent to which 1 -8- the access situation has diminished the value of the real estate, if at all, is included in the opinion of the real estate appraisers and the expert testimony of those appraisers. To ' allow such evidence regarding loss of going-concern value is contrary to Minnesota law. ' CONCLUSION ' There is no evidence that Respondents business has been destroyed as a direct result of this condemnation proceeding in which the city has acquired an unimproved parking lot, a 20 foot fire lane, and a 2 1/2 foot sliver of sidewalk. The buildings in ' which Respondents businesses are located have been completely untouched by the condemnation proceeding. Where Respondents continue to hold the same licenses in the same location and operate the same businesses they are unable to meet the criteria of Naegele and Schutt requiring proof that the going-concerns rhave been destroyed. Even if the businesses were destroyed, ' Respondents have made no effort to relocate. Since they are unable to meet either criteria, all evidence regarding loss of ' going-concern should be inadmissible. Respectfully Submitted, CAMPBELL, KNUTSON, SCOTT & FUCH: , P.A. Al By I . . ' G'f' G. ' AC S orney •e• . No. 32566 /. torne fo . Respondent 3460 Washington Drive Suite 202 Eagan, MN 55122 (612) 456-9539 GGF:jag i CITY OF CHANHASSEN 4, l 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 r MEMORANDUM TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director DATE: February 1, 1990 jI rSUBJ: State Patrol ' I thought you might be interested in a situation that occurred on Friday morning during the Public Safety Department meeting. This incident highlights the benefit the City received from having the ' State Patrol office headquartered in Chanhassen. During our Friday morning meeting on January 26, a call was received of a dryer on fire in a house in the Chaparral area . Mark Littfin responded from our meeting as did the Deputy on duty. A couple minutes later a call was received of a medical at 504 Del Rio of a child choking. At this time the Deputy and the Fire Department were in route to the dryer fire and the State Patrol who was in attendance at our meeting responded to the child choking call . It is times like these that we are thankful for the added presence of Public Safety officers, i .e . the State Patrol . r r I r i I . c I TV o _,-}- 3, I ��f� 1 .. . - ‘ .. -.'; . CHANHASSEN , , . . , , 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 II (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Lori Sietsema, Park and Recreation Coordinator I DATE: February 5, 1990 14) SUBJ: Criteria for Commission Selection IIThe Park and Recreation Commission is currently reviewing 10 I applicants for 3 Commission positions. The Commission has developed the list of criteria below by which to consider each candidate. Ii. Membership should represent all areas of the City to the extent possible. 1 2. Membership should be representative of all areas in propor- tion to the total population. 3. Membership should consider re-appointment of current Ioutstanding members wishing to be re-appointed 4. Membership should be composed of a variety of careers and I interest groups throughout the community, i.e. business com- munity, CAA, school representatives, lawyers, architects, maintenance workers, etc. 1 5. Membership should, to the extent vossible, ,include a variety of age groups. 1 6. Candidate selection should be based on the``interview. The Commission will be holding interviews with the 10 candidates 1 at their meeting on Tuesday, February 13, 1990 at 7:30 p.m. The Commission has extended an invitation to Council members wishing to be invovled in the interview process. I 1 II v...a.„, zii.....,...,„, CITY OF :, ,,- � '1 04- II I .:. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �_ (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Paul Krauss, Planning Director a. DATE: February 8 , 1990 # SUBJ: Guide Plan Amendment for 39 . 7 Acres in Eden Prairie 1 Late last year staff informed the City Council that the City of Eden Prairie was proposing a series of Guide Plan and MUSA Line amendments that would result in considerable residential and com- mercial development near the Chanhassen city line. In 1 discussions with the City Council, it was determined that staff should forward a letter outlining the concerns of the City of Chanhassen to both the City of Eden Prairie and the Metropolitan 1 Council for inclusion in the discussions on these actions . The letter which was sent basically stated that Chanhassen does not wish to stand in the way of reasonable development, but that we # had several concerns including: 1) a desire to insure equality access to the Lake Ann Interceptor; 2) the intent of letting the Metropolitan Council and Eden Prairie know that the City of Chanhassen is considering a large MUSA Line expansion; and 3) 1 that commercial development which was being proposed was of con- cern due to the proximity of it to the Chanhassen central busi- ness district. Staff had discussions with the City of Eden I Prairie and with the developer where it was indicated that the amount of commercial development of greatest concern, located at the Highway 5/Dell Road intersection, would actually be con- 1 siderably less than had been originally indicated. With the Council ' s approval, we sent a second letter to the Metropolitan Council and to the City of Eden Prairie indicating that while we were still concerned with any commercial development at this 1 point, that based upon our current understanding of the plan we would not pursue a formal objection. # Staff recently received correspondence from the Metropolitan Council indicating that the Council had approved Eden Prairie' s Comprehensive Plan amendment. The material indicates that the City of Chanhassen' s concerns were considered during the IMetropolitan Council ' s action on this matter. Staff would be happy to provide the City Council with additional 11 information on this matter if desired. Without being directed to take further action, we will consider this matter closed. II METROPOLITAN COUNCIL Mean Park centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 January 30, 1990 1 Carl J. Jullie, Manager ' City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: City of Eden Prairie Canprehensive Plan Amendment Review Schroers Planned Unit Development ' Extension of 39.7 Acres Metropolitan Council Referral File No. 15000-2 Dear Mr. Jullie: At its meeting on January 25, 1990, the Metropolitan Council considered the ' city of Eden Prairie comprehensive plan amendment to extend the MUSA by 39.7 acres. This consideration was based on a report of the Metropolitan and Community Development Committee, Referral Report No. 90-8. A copy of this report is attached. ' The Council adopted the following recommendations contained in the above report: 1. That the Council adopt the staff report and findings as stated above as part of these recommendations. , 2. That the Metropolitan Council approve the 40 acre urban service area extension. 1 3. Water quality measures should be required for this development that minimally hold future runoff volumes at or below current volumes in order to avoid degrading the quality of lakes Riley and Mitchell as well as protecting the Minnesota River. 1 1 FEB 0 71990 CITY OF CHANHASSEN ' Page 2 Carl Jullie Also attached is a copy of a letter from the city of Chanhassen commenting on Eden Prairie's ca prehensive plan amendment. Sincerely, 1 Steve Keefe ' Chair SK:11 Attachment cc: Chris Enger, Director of Planning, City of Eden Prairie R.A. Odde, Metropolitan Waste Control Commission ' Paul Krauss, AICP, Director of Planning, City of Eden Prairie Steven Schwanke, Metropolitan Council Staff 1 1 1 I 1 . Metropolitan Council Meeting of January 25, 1990 Business Item: B-3 I METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth St., St. Paul, Minnesota 55101 I612/291-6359 ■- B I REPORT OF THE METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE IReferral No. 90-8 C IDATE: January 19, 1990 C ITO: Metropolitan Council SUBJECT: City of Eden Prairie Comprehensive Plan Amendment Schroers PUD MUSA Extension of 39.7 Acres Metropolitan Council Referral File No. 15000.2 Metropolitan Council District No. 13 BACKGROUND At its meeting on January 18, 1990 the Metropolitan and Community Development Committee discussed a staff report and recommendations regarding the proposed city of Eden Prairie comprehensive plan amendment to extend the MUSA by 39.7 acres. ISSUES AND CONCERNS ISteven Schwanke, Council staff(ext.6594), resented the report and answered P Po questions from the committee. Ms. Rietow inquired whether the recommendations could be changed to require the city of Eden Y Prairie take steps that address surface water management and water quality issues, particularly concerning lake Riley. Council staff indicated that for the moment the recommendations reflected current Council practice in the area of surface water management and water quality policy. RECOMMENDATIONS • 1. That the Council adopt the staff report and findings as stated above as part of these recommendations. 2. That the Metropolitan Council approve the 40 acre urban service area extension. ' Metropolitan Council of the Twin Cities Area Mears Park Centre, 230 E. 5th St. ' St. Paul, Minnesota 55101 612-291-6359/TDD 291-0904 DATE: January 12, 1990 TO: Metropolitan and Community Development Committee ' FROM: Steven Schwanke, Research and Long Range Planning ' SUBJECT: City of Eden Prairie Comprehensive Plan Amendment Schroers PUD MUSA Extension of 39.7 Acres Metropolitan Council Referral File No. 15000-2 ' Metropolitan Council District No. 13 ' INTRODUCTION The city of Eden Prairie has submitted a comprehensive plan amendment to extend the year 2000 Metropolitan Urban Service Area (MUSA) by approximately 40 acres. This extension request is part of the 130 acre Schroers Planned Unit Development (PUD) located in ' southwestern Eden Prairie (figures 1 and 2). An environmental review was completed for this development and reviewed by the Metropolitan Council on December 7, 1989 (see referral file 14988-1). Surface water management and nonpoint source pollution were the two environmental issues. ' A land use change is not proposed with this plan amendment. The current land use designation for the area to be included in the MUSA is "single family residential." If approved, the MUSA ' extension would accommodate approximately 98 single family residential units. AUTHORITY TO REVIEW The Metropolitan Land Use Planning Act of 1976 requires that amendments to local comprehensive plans be prepared, submitted to the Metropolitan Council for review and ' adopted in the same manner as the original plans (Minn. Stat. 473.864, subd. 2, 1978). Guidelines adopted pursuant to Minn. Stat. 473.864 for reviewing proposed amendments provide a 90-day review period for amendments potentially affecting one or more of the metropolitan ' systems, and a 60-day review period for amendments that do not have a potential impact on metropolitan systems. 1 1 I The city of Eden Prairie submitted its proposed comprehensive plan amendment on November 29, 1989. On December 8, 1989, the Chair determined that the proposed amendment had no ' potential impact upon any of the metropolitan system plans, but that the Council would review the amendment and make comment. Therefore, the 60-day review period applies and will conclude on January 29, 1990. ANALYSIS ' Metropolitan Development and Investment Framework In March, 1988, the city of Eden Prairie initiated a facility and service study of the southwest area of the city. Approximately two-thirds of the study area is outside the city's MUSA. The intent of this study was to plan for the orderly development of the southwest area by matching urban service demands with needed infrastructure. From this study the city was able to set ' development priorities and a staging plan for the extension and financing of infrastructure. This 40-acre MUSA extension request is part of the southwest area study. A demonstrated regional need to expand the MUSA based on land supply and demand is the major criteria for determining whether such a request may be approved. Information submitted by the city of Eden Prairie indicates that the year 2000 land demand for the city is 4,206 acres. Land supply figures for the same period is 4,025 acres, leaving a deficit of 181 acres to ' accommodate urban development. Sufficient demand for urban development exists in Eden Prairie to warrant extending the urban service area. ' Another issue with the city of Eden Prairie is whether the proposed amendment is consistent with the Lake Ann Agreement. i Eden Prairie and the Metropolitan Council entered into this agreement to outline the terms and conditions for constructing and operating the Lake Ann ' Interceptor. Through this agreement, the city of Eden Prairie has committed to the following (see section 6.1 (A) parts 1-3, section 6.1 (B) and section 6.2 of the Lake Ann Agreement): ' * designate a year 2000 urban service area containing no more than 7736 acres of vacant developable land; and, * not to exceed the Council's year 2000 sewer flow allocation of 6.08 MGD to 7.6_ MGD as stated in the 1988 Water Resources Management Wastewater Treatment and Handling Policy Plan, Part 1; and, * any residential development in that part of the city outside the MUSA will be at a density of one unit per 10 acres with a minimum lot size of at least 2.5 acres; ' and, ' Entered into on March 19, 1986, with the Metropolitan Council, the Metropolitan Waste Control Commission and the cities of Chanhassen and ' Eden Prairie, the Lake Ann Agreement set the terms and conditions for constructing the Lake Ann Interceptor. ' 2 " to adopt a comprehensive sewer plan consistent with the city's comprehensive plan as amended... and containing within it: 1 1. a description of adopted on-site sewage disposal ordinance provisions...; and, ' 2. a policy, ordinance and administrative program to reduce stormwater inflow in the sewer system.... Section 6.2 of the agreement expressly allows the city to amend its comprehensive plan and/or comprehensive sewer plan once the abovementioned provisions are met. Eden Prairie has met ' the above provisions and this plan amendment is consistent with the Lake Ann Agreement. The city of Chanhassen commented on this comprehensive plan amendment. The city is ' particularly concerned with an Eden Prairie proposal to locate retail development a short distance from the Chanhassen Central Business District. A similar comment was received from the city of Chanhassen when the Metropolitan Council reviewed the environmental documents for Jamestown (file no. 14986-1), Shores of Mitchell Lake (file no. 14987-1), and the Shroers PUD (file no. 14988-1). Chanhassen is concerned about retail development on highway 5 because it may compete with ' development in downtown Chanhassen. The city has placed considerable effort and time in encouraging development in the downtown area. The retail development of concern to Chanhassen is not part of the Schroers development and is not part of the MUSA extension ' request. It would be more appropriate to examine Chanhassen's concerns when Eden Prairie submits a plan amendment specifically for the retail development. ' Natural Resources (Dick Osgood) Surface water management and nonpoint source pollution issues were evaluated in a November ' 8, 1989 Schroers EAW staff report for the MUSA extension area (see referral file 14988-1). This EAW was found to be incomplete because it did not assess the likely water quality impacts the proposed development would have on lakes Riley and Mitchell and on the Minnesota River. In a letter dated November 17, 1989, Mr. Chris Enger of the city of Eden Prairie provided supplemental information to address surface water management and nonpoint source pollution issues. Attached with this letter was an engineering study for southwest Eden Prairie and a letter from the Riley-Purgatory-Bluff District Engineer to the city Eden Prairie explaining the Watershed District's role, philosophy, and practice of surface water treatment. The supplemental information shows the ponding drainage system that will be constructed when the southwest area is developed. This drainage system is designed in accordance with water district standards. The water district criteria, however, address sediment control and peak discharge; but do not address the management of pollutants that affect lake water quality and do not address water volumes. This was assumed when the Schroers EAW was reviewed. Comments concerning surface water management and nonpoint source pollution are unchanged ' 3 1 I rbecause the supplemental material submitted by the city did not adequately address issues related to management of pollutants and the volume of water runoff. ' There are two issues relating to surface water management. The first issue is the impact on the water quality of two lakes: Riley and Mitchell, both priority lakes of the Council. The second ' issue relates to water quality impacts on the Minnesota River. Increased runoff will occur at this site because of the additional impervious surfaces from the proposed development. The increased stormwater is routed to Mitchell Lake and to Rice Marsh Lake, which flows into Lake Riley. This added runoff volume has been directly related to increased phosphorus loading to Lake Riley. (See Metropolitan Council publication ' Diagnostic Feasibility Study Of Seven Metropolitan Area Lakes, Part Two: Lake Riley. September, 1983).2 It is likely that increased runoff from the proposed development will pollute Riley and Mitchell Lakes. Lake's Riley and Mitchell are priority water bodies. Any degradation in their quality is inconsistent with the following policies of the Water Resources Management Guide chapter: ' 55. Water quality in the Metropolitan Area lakes and streams should be maintained at 1980-81 levels; ' 56. Metropolitan Area lakes and streams used for drinking water and/or recreation should receive priority consideration for cleanup; ' 3-3. Lake quality should be protected or improved. Improvement projects should address not just the symptoms of problems but the causes as identified after obtaining watershed and lake data; ' 3-4. The Council, through its numerous review and approval authorities, will preserve all protected and unprotected natural watercourses--including associated wetlands, ' channels, floodplains and shorelands--to enhance water quantity and quality and to preserve their ecological functions; ' 3-6. The Metropolitan Council, in conducting its project approvals and reviews, will protect the utility of the region's water and related land resources and seek their restoration, where needed. Any action that threatens the viability of the water and related resource will be negatively reviewed. In addition, the Minnesota Pollution Control Agency (MPCA) issued permits to the ' Metropolitan Waste Control Commission and to the Metropolitan Council for the Blue Lake and Seneca wastewater treatment plants in September 1987. As part of the negotiated 2 The purpose of this study was to diagnose water quality problems in Lake Riley. This was achieved by identifying the causes of nonpoint source ' pollution and by defining remedial programs. Protecting and restoring Lake Riley was specifically examined in the study. 4 settlement with MPCA, the Metropolitan Council and the Commission agreed to vigorously implement a nonpoint source reduction program. The effluent discharge limits for Blue Lake ' and Seneca are based on a 40 percent reduction of future nonpoint source pollution to the Minnesota River. This reduction is to occur within and outside the Metropolitan Area. It is incumbent upon the Council to insure that an effort is made towards reducing nonpoint source ' pollution to the Minnesota River. Otherwise, substantial capital improvements to achieve more stringent effluent limits at the two treatment plants will be necessary, at great cost to the region. - It will be very difficult to achieve this 40 percent reduction in nonpoint source pollution by ' allowing increased runoff to occur. Both concerns, the impacts to the water quality of the lakes and the reductions in nonpoint source pollution to the Minnesota River, are inconsistent with Council policies. Also, the impact on the Minnesota River may constitute a negative impact on the sewer system. Assuring that runoff volumes are held to pre-development levels is the minimum requirement that would mitigate both concerns. If substantial reductions in pollution are implemented in other parts of the watershed then our concerns with the 40 percent reduction in nonpoint source pollution to the Minnesota River would be addressed. Housing (Janet Pershing) The proposed MUSA extension is consistent with Council housing policies. ' The city's vacancy rate for single family housing is at 1.0 percent, or a rate considered to provide adequate single family housing choices and movement. If growth projections suggest ' that this land is needed to accommodate demand for new units in the area, however, the MUSA expansion may be necessary to maintain this healthy vacancy rate. Multifamily vacancy rates are at 8.4 percent, which is above the rate for the Metropolitan Area, at 7.9 percent, and well above the 6.0 percent rate generally considered healthy in the multifamily market. This may be understandable, however, for a growing city such as Eden Prairie. The city of Eden Prairie has done an excellent job of providing alternatives to detached single ' family housing, as represented by the 40 percent of its units that provide such options. This diversity offers a wide variety of choices in housing types for Eden Prairie residents. The city is commended for efforts on this front. These figures alone, however, do not indicate the affordability of units in the city. Subsidized units are not the only form of low cost housing, but they may give some indication of the extent to which low-cost housing is available. Only 2.8 percent of the city's housing stock is currently subsidized, compared with an area-wide rate of about 4.9 percent. The city should continue to monitor the need for low cost housing, and to weight that need against its current multifamily vacancy rates, in determining how to pursue its housing policies in the near and long term. 5 I IFINDINGS I 1. The city of Eden Prairie has submitted a comprehensive plan amendment for a 40 acre Metropolitan Urban Service Area (MUSA) extension for the Schroers Planned Unit Development (PUD). The proposed development is located south of highway 5, west of IMitchell Lake, and north of the future highway 212. 2. An environmental review was completed for the Schroers PUD and reviewed by the I Council on December 7, 1989. Surface water management and nonpoint source pollution were two environmental issues discussed in the review. I 3. Eden Prairie has demonstrated that a regional need exists for the requested urban service area extension. I 4. Eden Prairie has complied with sections 6.1 and 6.2 of the Lake Ann Agreement. The proposed plan amendment is consistent with the Lake Ann Agreement. 5. The impact of this development on the water quality of lake's Riley and Mitchell were Inot assessed in the Schroers environmental document. Supplemental material submitted by the city of Eden Prairie did not address surface water management and nonpoint source pollution issues. I6. Lakes's Riley and Mitchell will likely be degraded as a result of the ro sed P Po development. This degradation of lake water quality is inconsistent with several policies I in the Council's Water Resources Guide chapter which seeks to protect lake water quality. Degradation of the Minnesota River's water quality is also inconsistent with the Council's commitment to reduce nonpoint source pollution to the Minnesota River by 40 I percent. Continued nonpoint source loadings to the Minnesota River would constitute a negative impact on the Metropolitan Sewer System. • I 7. The proposed MUSA extension is consistent with Council housing policies. RECOMMENDATIONS I1. That the Council adopt the staff report and findings as stated above as part of these recommendations. I2. That the Metropolitan Council approve the 40 acre urban service area extension. I 3. Water quality measures should be required for this development that minimally hold future runoff volumes at or below current volumes in order to avoid degrading the quality of lakes Riley and Mitchell as well as protecting the Minnesota River. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 1 , ' \_ -- (612) 937-1900 * FAX(612) 937-5739 1 December 22, 1989 IIMs. Ann Hurlburt, Director Comprehensive Planning Section II Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul, MN 55101 1 Dear Ms. Hurlburt: II have written your office previously concerning the City of Chanhassen' s concerns regarding three environmental assessment worksheets pertaining to developments that are being proposed 1 in the western portions of Eden Prairie adjacent to the Chanhassen city line. Our concerns fell into several areas. While we do not wish to stand in the way of reasonable develop- ment in our neighboring community, we wish to insure that there 1 is equity of access and capacity for all communities using the Lake Ann Interceptor. We were further concerned with the propo- sal EE to locate retail square footage a `.short distance outside of I the Chanhassen Central Business District. A copy of my earlier letter dated November 9, 1989 , addressing these issues is attached. 1 Since our previous correspondence, I have had an opportunity to discuss the matter further with the City of Eden Prairie Staff and with the developer of Jamestown...PUD.. _ The information 1 included detailed plans for the 28,300 square feet of commercial uses that are proposed at the southeast quadrant of --the intersec- tions of T.H. 5 and Dell Road. Original information,-_contained in the EAW's indicated a cumulative total of 60,000+ square feet of I commercial development without giving specific details as to breakdown by type or location. The Dell Road/Hwy. 5 intersection is the one the City is concerned with commercial development pro- f posed at the future Hwy. 212 intersection is, in our opinion, reasonable. The City of Chanhassen has never voiced any objec- tions to the residential component of this project. Our concerns 1 with the commercial square footage is that it may have the poten- tial of impacting the Chanhassen Central Business District. The City of Chanhassen has spent a large amount of money and invested 1 years of effort to bring about the fruition of a dynamic CBD. We I I . - Ms. Ann Hurlburt December 22, 1989 Page 2 do not wish to see our efforts diminished by ill conceived com- mercial development. The data that I recently received indicates that the commercial development is comprised of only 12,500 ' square feet of retail use with the remaining square footage allo- cated to a 10,000 square foot office building and a 5,800 square foot daycare center. Since we are most concerned about the ' retail component of this development, we were glad to find that the impact of the project was not as great as it originally seemed from the EAW. The data also indicates that the construc- t tion timeframe for the commercial development puts it several years in the future which should allow on-going development pro- jects in Chanhassen CDB to continue unimpeded. We continue to question the need for additional commercial square footage in ' this area, however, given not only the proximity of the Chanhassen CBD but also of a large neighborhood community center in Eden Prairie a short distance east on Hwy. 5 . ' We hope you will take these comments into consideration during your review of the guide plan amendment. If you desire further information, please feel free to contact me. Sincer y, Paul Krauss, AICP ' Director of Planning PK:v ' cc: Mike Franzen, City of Eden Prairie Jim Ostenson, James Development Co. Steve Schwanke, Metropolitan Council 1 I a 4' ' 1 _ . --54) CITY CF . CHANHASSEN • . 4, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Paul Krauss, Planning Director ' DATE: February 8, 1990 SUBJ: Article on Recommendations for Zoning Hearings The Zoning News recently published an article on conducting zoning hearings. It outlines a number of issues that you may find to be of interest. I I I -- 'sV ,)-.1 I /�I'ZONINTews1 ::CTOBER 1 MERICAN /�, �, Mil I I Recommendations for majority of the zoning board is required to approve the I Zoning Hearings petition."He also states that,in such cases,the board should make a specific finding with respect to the sufficiency of the Is it legal for the chairman of a zoning board to ask the signatures.Smith cautions that"no statute or ordinance makes I audience at a hearing for a show of hands of those who favor the popularity of a proposed use one of the standards for and of those who oppose a controversial proposal?What determining whether[a discretionary permit]should be should the chairman say if the spokesman for the opposition granted."It should also be noted that petition signatures are accuses the petitioner of past criminal activities but offers no often collected on the basis of misinformation or inaccurate I proof of the accusation?Is it legal for zoning board members portrayals of the proposed use by the opponents of an to close a meeting after all the testimony is given,leave the application. hearing room,and consider the matter in private before Of course,the decisions of planning commissioners can discussing their decision in public? often be swayed by a room full of irate neighbors."In the I If your zoning board has faced these situations,you need the abstract,citizen input may compromise the decision-making help of an attorney.They all raise questions of fairness and process,"says R.Michael Chandler,a zoning specialist with due process. And,in fact,these situations have occurred. the Virginia Cooperative Extension Service,"but citizen Zoning hearings operate democratically. Sometimes,this participation is an important part of zoning."Chandler says, I democratic process results in hearings that are very informal. "The real gut-check time comes when the opinion of the The frequency of litigation in zoning matters requires that overwhelming majority of the neighbors flies in the face of the local planning boards and zoning boards of appeals develop ordinance.Then the board member has to choose between I sound rules of procedure that help ensure fair and objective upholding the law or being swayed by public opinion." hearings.Well-organized hearings and procedures will lead to To ensure fairness,public hearings rooms must also be able legally defensible decisions. to accommodate all the people who attend. Some boards or Described below are recommendations to help achieve these commissions,when faced with a crowd that spills into the I ends.They come from various legal treatises on zoning and from interviews with the executive secretaries of zoning corridors,are resourceful enough to call a special recess and reconvene in a larger meeting place or announce additional boards.These guidelines are not exhaustive but are intended to hearings.Boards and commissions also can place time limits be a starting point for boards to begin developing their own on presentations at crowded hearings,especially when time I rules. limits are coupled with the acceptance of longer written testimony. Fairness in Hearings Zoning board officials must remember that the petitioner for Hearings should be used to sort out relevant evidence,collect a conditional use permit or a zoning variance has the burden of pertinent facts,and hear arguments. A fair hearing requires proof in a zoning hearing.The applicant should be expected to - adequate notice("adequate"is typically defined by state or submit evidence that demonstrates compliance with ordinance local statute)to the applicant,neighboring landowners, standards.Applicants should be informed of the standards • I general public,and other concerned parties.After public used for the review of their applications and the types of notice,the interested parties should be given the opportunity to proofs(e.g.,traffic studies,environmental impact be heard.Finally,hearings should make it clear that decisions assessments,or property appraisals)that may help them are based upon the evidence presented and that the evidence succeed. I must demonstrate clearly whether the proposal complies or In Eugene,Oregon,both the applicants and the surrounding does not comply with ordinance standards.According to property owners are sent a list of criteria that will be used to Robert M.Anderson,in American Law of Zoning(The evaluate the applicant's request.Public notices also include I Lawyers Cooperative Publishing Service, 1977),"unless the information on how citizens can testify,the order in which the hearing is capable of assembling evidence and testing its testimony will be heard,and rights of appeal.By informing quality,it is either an empty ritual or a forum for the release of citizens about the format and substance of the hearing,this neighborhood anger." type of notice encourages a formal and controlled atmosphere. I An applicant should not be denied a fair hearing simply A zoning board or planning commission can adopt rules that because opponents turn out in force or because they have require witnesses to take an oath and be subject to questioning. collected signatures on a petition.In a presentation at the 1985 Although most local zoning hearings are informal and Zoning Institute,Marlin Smith stated that,in most cases, nontechnical,the stakes can be high,and the principle parties I petitions"accomplish nothing more than demonstrating that the applicant's request is locally unpopular." should have the right to question witnesses and rebut testimony.Often,there is conflicting testimony.In such cases, According to Smith,petitions are only worth something the planning commission or zoning board members should be when the zoning enabling act specifies that,"if a certain responsible for sorting out the facts and judging the quality of I percentage of the property owners within a specified distance the testimony. of the property involved file such a petition,an extraordinary The board chairperson can prevent problems by keeping I Fyr_ ?_.-.e ' control over the hearing. Clapping and disruptive outbursts by active board or commission members may say they are the audience should not be permitted.The chairperson should against"too many apartment buildings"or"too much low- remind speakers to limit their remarks to points or issues that income housing."If so,this may be a clear indication of have not previously been brought forth. prejudice. '' Many of the common problems of public hearings can be A commission or board member may vote on a matter in .,> solved by the adoption of rules of procedure.Too often, - however,these rules only cover the noncontroversial issues— which he or she has a direct financial interest. \- establishing a quorum,the sequence of testimony,and the A commission or board member may have contact with recording of votes.Many of these rules should be written with petitioners or opponents outside of the public hearing.The -+ controversial hearings in mind.They should address issues nature and extent of this contact should be disclosed at the like time limits on testimony,rules on the reconsideration of hearing. If it becomes known without voluntary disclosure, :' applications,and rules about hearsay evidence. it may give the appearance of bias. gImportance of Findings Local boards may fail to act consistently in their decision The findings of fact should clarify the basis of a zoning making or fail to treat similar applications in the same , decision and demonstrate that zoning officials weighed the manner. j ., evidence relative to ordinance standards.The findings should Eugene McQuillan,in The Law of Municipal Corporations ` be in writing and should identify the critical testimony, (rev.ed.,Callaghan and Co., 1987),states that,while zoning 1- documents,or exhibits that the board used to reach its boards are not subject to strict rules of administrative decision.The most important evidence will be that which procedure,the attitude and conduct of the board should be '4-1 addresses the issue of compliance or noncompliance with judicial and impartial.If the applicant proves compliance with -". ordinance standards.The record should make it clear that ordinance standards and establishes facts that demonstrate this ^ zoning officials considered the evidence and based their compliance,a board or commission must grant an application. °? conclusions on whether the applicant proved his or her case. The final decision must be reasonable,not arbitrary or 7- °� Records of hearings must be kept and must be accurate and discriminatory. reasonably complete. If a case goes to court,a judge will be -'d sympathetic to local officials if the record makes it clear that the relevant issues were considered and if the final decision is '- supported by facts discovered in the hearing process. If the PPo Y g P Hurricane Hugo Incites -1 planning staff collects information relevant to a zoning case,it Stormy Debate "°'`" is important to introduce and record this evidence. ;4 Recommendations from other city departments(e.g.,police For those whose homes were reduced to rubble by its high ' ;' <<~, departments or fire departments)should also be part of the winds and waves,Hurricane Hugo was nothing more than an record and subject to examination by interested parties. unmitigated disaster.But some coastal planners,while Gam: Applicants,in particular,should have the opportunity to acknowledging the severity of the destruction,view the respond to any report or assessment that may have an adverse aftermath of the storm as an opportunity to rethink H `<r. impact on their application. development along the South Carolina coast.Already,an If the planning commission or zoning board members rely emotionally charged debate has begun between property - on their personal knowledge of the community,they should owners and planners over just how much of the state's ravaged " discuss this special knowledge and make it part of the record. -,4 coastal development can and should be rebuilt. If the personal knowledge or opinions of board members are Last year,South Carolina passed the Beachfront discussed,interested parties should be given the opportunity to Management Act that restricts repairs to damaged buildings _;I refute this knowledge or these opinions. and limits new construction along its 180-mile coast.Many Patrick Rohan,in Zoning and Land-Use Controls(Matthew environmentalists have touted the law as a way to prevent Bender,Inc., 1988),states that,"the opinions of both lay and further damage to the South Carolina shoreline,which has expert witnesses are acceptable at a hearing . . . although historically experienced some of the highest rates of erosion p-._-`` expert testimony is much preferred."Often,the attorneys for along the eastern seaboard."However disastrous the hurricane applicants or opponents testify in areas in which they have no was,it may have had one healthy result,"Gered Lennon,a special expertise(e.g.,traffic generation,parking demand, geologist with the South Carolina Coastal Commission,told -' and public service and utility costs).They should be the New York Times."It hopefully will rein in some of the - questioned when they do so.Zoning board or planning unwise development we have along the coast."Many property * commission members should be careful to understand very owners disagree. ' clearly the limits of the professional expertise of each witness. Y P Pe The law prohibits new construction or replacement of destroyed buildings within the no-construction or"dead zone" Final Decisions that begins 20 feet inland from the crest of the first sand dunes In rendering a final decision,it is important for all parties to and runs seaward.Repairs may be made to buildings that r understand that the administrative body has made its decision sustain damage amounting to less that two-thirds of their total solely on the evidence.Donald Hagman and Julian value.Restricted development can take place within the = Juergensmeyer,in Urban Planning and Land Development "setback zone"that is located inland from the no construction °: Control Law,(2d ed.,West Publishing Co., 1986),cite four zone. examples of bias or prejudice.These situations should be The law does not include provisions for variances or avoided to ensure fair hearings and legally defensible monetary compensation for property owners who cannot decisions. rebuild,prompting some to predict a flurry of litigation. Some - Local officials may appear to have already taken a public experts add that,because Hugo's swath of destruction was so :. stance on zoning disputes.In local elections,politically extensive,any requirement to compensate owners could make 2 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 February 7, 1990 1 Mr. & Mrs. Charles Picard 1215 Lilac Lane Chanhassen, MN 55317 Dear Mr. & Mrs. Picard: Thank you for your letter of February 4, 1990. I have forwarded 1 such to the Mayor and City Council. I agree that the closing process was a long and arduous task. As you are aware, the pro- longing factor was the difficulty of clearing the title given the number of underlying easements held by others. Although Mr. 1 Simcox and I had a rather heated exchange towards the end of the process, such neither hastened nor detracted from the primary goal of legally obtaining clear title to the property. I , too, 1 am happy that the issues were resolved without financial strain or future legal liability for our citizens or community. ' Thank you again for your letter. Sincerely, i ' Don Ashworth City Manager 1 DA:k cc: Mayor and City Council 1 1 1 i February 4,1990 Mr. Don Ashworth City Manager Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen MN 55317 Dear Members of the City Council; Thank you for erecting the barricade on Teton Lane. In spite of complications and pressures which came up after the original decision was made long ago, you did not turn your backs on our neighborhood, small as we are. We understand there have been some grumblings about having done this under pressure from Mark Simcox who actually resides in Shorewood. Be assured Mr. Simcox has been representing Donna and me on this subject, at least 3 other families who live in Chanhassen, as well as those affected by your decisions in Shorewood. Any way, thank you for keeping promises! Sincerely, Charles H. Pickard & Donna Jean Pickard 1215 Lilac Lane Chanhassen CC: City Council Members FEB 0 6 19jj CITY.OE CHANHASSEN