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News Alley ¿ .",.",. Updates from City Hall--December 15, 1999 ........ Park & Recreation Dept. · Park Maintenance crews started to flood ice rinks today. If the weather stays cold, rinks should be open by the time the kids are on vacation. · The skate park season has ended. Kids were still using the equipment as of December 13th. .Todd Hoffman has been called to jury duty and may be in and out for a while. · The Chanhassen Snowmobile Club has provided the city with the attached Certificate of Liability Insurance. The city has been named an additional insured. Administration · The city has offered the Accoun- tant 2 position to Joanne Kopet. Joanne is currently the City Admin- istrator/Clerk Treasurer/Finance Director for the City of Victoria. She will be joining our staff on January 10. Additionally, Steve Torell and Colleen Martino have recently completed their six month probationary periods. · The new financial software is currently being installed. Training is scheduled for next week. · The Wmgate Hotel Group has decided to withdraw their offer to purchase the property next to Applebee's. They felt there were too many obstacles to developing this site as a hotel. The city will refund their $15,000 earnest money (see attached letter fÌ'Om H. Dan Wright). · Remember that there is no work session on December 27th. Community Development · Attached is a letter from the EQB regarding the status of the environ- mental assessment on the Lake Susan Apartments (Villages on the Ponds). There is no mandatory EIS requirement on this project. · Lowell Carlson hasfinally com- pleted the required fence along Kings Road!!! · The Chanhassen Garden Club has decorated the planters outside the fÌ'Ont doors of City Hall. Loretta Stoltz and Marian Gund volunteered their time and arranged the materials on Friday, December 3. They look beautiful, so please take a moment to appreciate them. Engineering Department · The Southwest CorrldorTranspor- tation Coalition has scheduled a meeting for Friday, January 7,2000 from 7:30-9:00 a.m. at Chaska City Hall. The agenda will include: Highway 5 update, Highway 212 right-of-way update, and legislative issues. Additionally, we have been invited to Evan Green's retirement party on Monday, January 3 from 1:30-3 :30 p.m. at MnDOT Water's Edge Building in Roseville. Evan has served MnDOT for 42 years. ACORD. CERTIFICATE OF LIABILITY INSURANCE I tn~.mr """DUeEII THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION V & V Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 159 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cresco, IA 52136 :(319) 547-2161 INSURERS AFFORDING COVERAGE -.. INSURER A: 1i"Mf'I Southwest Trails Assn. INSURER B: 5215 Polk Ave. INSURER c: Mayer. MN 55360 INSURER D: I INSURER E: . . COVERAGES THE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATEUMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.~ '''-fI TYPEOf'INSUIWtCE POUCYNUMIIER POUCYEF POUCYIXPIRATION UMITS ~EMIRAL UA8UIY EACH OCCURRENCE $ 1 nnn nnn I v ~G_LIABIUTY FIRE DAMAGE (Any one fire) $ I C1AIIotS MADE [L] OCCUR OD7 83 68 8/02/99 6/01/00 MED EXP (Any one person) $ , PERSONAL & ADV INJURY $ GENERAL AGGREGATE $1 nnn nnn ~~AQ~n,UM'TnSPER: PRODUCTS· COMPJOP AGO $ POlICY I ~RT LOC ~UAIIIUTY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccldent) I-- f- AU. CMlNED AUTOS BOOIL Y INJURY (Perperaon) $ - SCHEDULED AUTOS - HIRED AUTOS 80QIL Y INJURY (Paraccldenl) $ '- NON-OWNED AUTOS PROPERTY DAMAGE $ (Peraccideot) RUAB~ AUTO ONLY· EA ACCIDENT $ ANY AUTO OTHER THAN EA ACe $ AUTO ONLY; AGO $ EXCESS LIABILJTY EACH OCCURRENCE $ ¡::focCUR 0 ClAIMS MADE AGGREGATE $ $ R DEDUCnBLE $ , RETENTION $ $ WORKERS COMPENSATION AND IT~~W~~f =m: .............. LIABILJTY E.l. EACH ACCIDENT $ E.L. DISEASE· EA EMPLOYE $ E.L DISEASE· POLICY UMIT S OTHER Amendment OD7 83 68 11/23/99 6/01/00 adding landowners DESCRIPTIOIrIII OF 0PERA11ONU.OCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMEHTIlPECIAL PROVISIONS S b il 1 b d groomer liability nowmo e c u an insurance. Effective 11/23/99 attached (5) sheets are added as additional insureds. This policy has a $250 deductible per claim. CERTIFICATE HOLDER I ADOmONAL INSURED; INSUPlEft LETTER: CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CAHCEu.ED BEFORE THE EXPlRAnON DATE THEREOF. THE ISSUING INSURER WlU ENDEAVOR TO MAIL _ DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAIlED TO THE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBUGAnON OR UAFM'f1 OF ANY KIND u~ THE 17' rrs AGENTS OR REPRESENTAnVEL __ , AUTHORIZED R.......NTATljtL IA Æ 1. f,7'¡¡t; ACORD 25-S (1/97) . ( ) ACORD C9RPORATION 1988 DEC- 9-99 THU 13:25 WRIGHT INSURANCE FAX NO. 18152261181 P,OI I L. " H. DAN WRIGHT 970 HELENA AVE., NORTH OAKDALE, MN 55128 Decembcr 9, 1999 Mr. Scott A. Botcher, City Managcr City of Chanhassen . P.O, Box 147 Chanhasscn, MN 55317 Dear Mr. Botcher: RË: Rcal Estatc Purchasc Agreement Dated: August 13, 1999 The reason I was interested in your property at lots 2 & 3, block 1 of the Crossroads Plaza 3'" Addition in your line city was the timclincss with which I would bc ablc to build thcrcon. Since the total dcnial of our plan by the Planning Commission, I WIIS not spending any time or effort to develop the samc--not knowing if it would ever be approved. According to Scction 4.1 of the above mentioned Ab'l'eement, we were supposed to close on Novcmbcr 1,1999 or Dcccmbcr I" as an alternative. That was ncvcr done and through no fault of our's, There were too many obstaclcs to development of this property as a hotel within the City and it apparently just couldn't be done. I therefore ask to tenninate this agrccmcnt and ask for my $15,000 be returned in it's entirety. Wi(h thatmoncy I can pay tlle necessary expenses in cOlUlcction with trying to develop that property. Thank you for the opportunity to pursuc this property and I wish the City of Chanhasscn continued good success. i MINNESOTA PLANNING ENVIRONMENTAL QUALITY BOARD tll r--:-~~" ~, :L.¡¡J December 9, 1999 c.:::: _;3 1S99 Barbara Jacoby 8516 Great Plains Blvd. Chanhassen, Minnesota 55317 (;¡ ¡ Y IJr í,;h¡"Iì"n^~S¡:N Dear Ms. Jacoby, We have reviewed the materials that you sent us regarding the "Villages on the Ponds" project. Your letter requests that the EQB determine the necessity of a mandatory Environmental Impact Statement eElS) for this currently proposed project. Your request is characterized by you as a petition on this matter. Minnesota Statutes, Chapter 116D.04, subp. 2a (c) provides that such a petition, once it is considered complete and valid by the EQB, may request preparation of an Environmental Assessment Worksheet (EA W). Under the current revision of the state statutes it is not possible to request consideration of an EIS directly by petition; only an EA W. Your request includes an EA W that was completed in 1996 for the overall project. While your request to the EQB cannot be considered a compliant petition, we did investigate the situation to determine if there appeared to be a mandatory requirement for an EA W or an EIS based upon the mandatory thresholds at Minn. Rules, Chapter 4410.4300 or 4410.4400. Based upon information furnished to us by the staff of the Planning Department of the City of Chanhassen, we find that the current phase or expansion of the project has been addressed in the EA W completed in 1996. Further, we have been assured that changes in stormwater ponding contemplated in the current action e consolidating two ponds into one) was an engineering solution designed to improve stormwater management. We find no basis to believe that there is newly proposed development beyond actions that have already received prior environmental review, that meets or exceeds the threshold limits that would require preparation of an additional mandatory EA W or a mandatory EIS. In conclusion, with the information and assurances that we have received from the Chanhassen Planning Department staff, it is our opinion that there is no mandatory requirement for environmental review of this matter at either the EA W or EIS level under EQB rules. If you have nay question please contact me at 651-296-8253. Sincerely ç~~-~ Jon Larsen, Principal Planner Environmental Review Program cc: Kate Aanenson, Planning Director '. 658 Cedar St. SL Paul,MN 55155 Telephone; 612·296·3985 Facsimile: 612·296·3698 TTY: 800·627-3529 www.mnplan. state.mn.U5 CORRESPONDENCE Chanhassen Fire Department Reportfor December 6-12, 1999. Memo from Phillip Elkin re: Proposed Changes to the Riley-Purgatory-Bluff Creek Watershed District's Water Management Rules dated November 9, 1999. Memo from Scott Botcher re: ADA Article dated December 14, 1999. Email message from Beth Hoiseth re: Meeting Summary with Lakeview Hills Apartment Owner and the North Bay Neighborhood dated December 14, 1999. Letter from William Hinderks from The St. Paul Companies dated December 10, 1999. Letter from Tom Scott regarding the Brown & Cris law suit dated December 9, 1999. Carver County Public Works Monthly Update dated November 1999. Letter to Greg Havlik, Chanhassen Snowmobile Club President dated December 9, 1999. Tues Thurs Thurs Fri Sat Sat Sat Dec 7 1;55 PM Dec 9 12:17 PM Dee 9 4;41 PM Dec 10 8:33 PM Dec II 11:31 AM Dec 11 12:38 PM Dec I I 1:23 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF DECEMBER 6, - DECEMBER 12, 1999 Melody Lane Castle Ridge Lake Lucy and Powers Boulevard West 76"' Street .. Rosewood West 78"' Street West 78th Street F ire alarm - false alarm, no fire Medical- possible stroke Car accident with injuries, vehicle on fire CarbDn Monoxide poisoning Medical - person fell Medical- person choking Medical- person fell CITY OF CHANHASSEN 690 City C"'t" Drivt, PO Box 147 Chanhas,,,,, Minntsota 55317 Phon,612.937.1900 Gm".1 Fax 612.937.5739 Enginming Fax 612.937.9152 Public S.ftty Fax 612.934.2524 web www.ci.chanhasstn.mn.tß Sed-\- MEMORANDUM TO: Mayor and City Council Phillip Elkin, Water Resources Coordinatorj'v FROM: DATE: November 9, 1999 SUBJ: Proposed Changes to the Riley-Purgatory-BluffCreek Watershed District's Water Management Rules The City has recently received a proposal from the Riley-Purgatory-BluffCreek Watershed District's to amend the surface water runoff rules within their boundaries. About 90% of the City ofChanhassen lies within the Watershed District and would be affected by these new rules. The highlight of these new rules is what the Watershed District is calling runoff infiltration strategies. These new rules will require every site developed to retain three-quarters of an inch of every rainfall on site. That means the first three-quarters of an inch of rain must be permanently detained on that site and not introduced to rest of the watershed. These new rules seem to be the trend in stormwater regulations, as other watershed districts are considering similar rules. Currently, when a new development is proposed, it is required to keep the maximum rate of flow from the site the same as prior to development. For example, if one acre of farmland drains at a maximum of three cubic feet per second during any rainfall event, the maximum runoff rate of the new storm sewer system would also be three cubic feet per second. However, with increased impervious surface, the volume of water introduced into the watershed is increased, so the three cubic feet per second outflow would last much longer than it did before development. The proposed rules would require creating infiltration basins or water gardens to permanently retain water. It will require clay soils to be removed and replaced with sand so a system can be designed for absorption into the soil and back into the ground water. These rules address problems of water quality and water quantity and are trying to reduce the increased volume directed towards city lakes and streams. The rules are consistent with Chanhassen's ongoing stance and position of water quality; however, this greatly impacts any new projects whether by the City or by any private developer in the next few years. A. More land will be needed for water management. These rain gardens and infiltration ponds will be needed in addition to stormwater ponds and water quality ponds that are already required. B. This also, in addition to being created more land, puts the maintenance responsibility also lies within the City. Again, in addition to dredging up Mayor and City Council November 9, 1999 Page 2 the ponds we would also have to be clearing out, these areas will fill up with silt and sediments and have to be periodically cleaned. Again, the responsibility of the City. C. The Watershed District is suggesting cities reduce the amount of impervious surface; narrower streets, smaller building pads, cul-de-sacs with landscaped islands. This draft plan has gone to the DNR and State agencies for comment. There will be public hearings held before the rules are enacted, but right now it looks like that they are receiving little opposition as far as approval. Again, my thoughts on the issue are, if it is in line with Chanhassen's policy protecting water and natural resources; however, increased regulation and increased requirements on new developments will result in more land needed for water management, more maintenance and also the cost involved in putting these areas in and initial construction. I will keep the Council updated on any changes . or the status of these new rules. g:\eng\phillip\memos\rpbcwsd rules.doc MEMORANDUM í , j I TO: Department Heads ~ ';1 , j DATE: Scott A. Botcher, City Manager S1\O December 14,1999 FROM: SUBJ: ADA Article j '~ , § 1 . i \) Please fmd attached an article on the ADA that I found quite interesting. As all of us have, or will have, in our career an opportunity to deal with issues under the ADA. I felt it prudent to provide this article to you for a reference document if nothing else. I am providing a copy to the council so that as we as a staff are put in a position to deal with these types of issues under the ADA, they too may have a broader understanding of issues we face in any specific circumstance. If you have any questions, please feel free to contact me. Thank you. g:\user\scottb\ada article.doc c: Mayor and City Council I' iI , " il , R···' F'···'--\· S"·"'S·"'·' "G"'^'N·· .,' ,\11' .."~"-"".Ì\j. ·'·r··"·-""--· ". . . . l,,· ,.:í'-.' .-' ,,~" d,· ,:'e " ',' _, r >, P'I' '. ;: ", 1', "".'" k 'i, þ ..., " A·... /:. ..... :.'! /, ( .r.--, i ··'1';/( Ir"""- jt ,'.. ,. ! I. . _'. j I . '_', '; I , . I~_ _ .~" ?{ , r" f_ ",,:"~¡,~ '" j; , I" ./,,,:' ,'.. -" ' ,"" ~"'" " ,:' ;,,:¡ (~~ 'J ¡I.- i:' c----- ,i',':,: ; , t ,.",,,,! ,.""..,.' ..... 'A. ~,. ¡ ~~"=- ~,:~:,:~-~. _.,~~",:'.~.:i:~,_~._ __.,,'. '-, .~._._:_~~,_;.~;'~,.___ __:'_:_" ~.~_~-."..._... .. UNDER THE ADA by John E. Murray 8: Christopher J. Murray SSUME YOUR CLIENT calls with a question: The com- pany has a disabled employee who can no longer continue in her current position, even with an accommodation, because of a disability. Another job becomes vacant. The disabled employee is qualified for this job, but the company would prefer to transfer a nondisabled employee because it believes he is more qualified. What do you advise? Most courts, including the Seventh Circuit, have ruled that employers must consider reassignment for disabled employees who can no longer remain in their current positions. I But what does that mean? This article explores judicial and administra- tive intelpretations of when the Americans \\1th Disabilities Act (ADA) requires reassignment. Ultimately, we conclude that disabled employees should be transferred into any position for which they are qualified, regardless of whether a nondisabled employee may be more qualified, pr0\1ded that the transfer does not violate a bona fide seniority policy, a transfer policy, or a collective bargaining agreement. Employer's Obligotion to Reassign Although most courts agree that employers must consider reassigning disabled employees, few courts have defined what that means, Several courts have defined the duty to reassign only in the negative, e'1'laining what an employer is not required to do. There is a consensus among federal courts that the obligation to reassign does not include: · reassigning a disabled employee to a position for which he or she is not qualified;' · bumping a nondisabled employee from the position he or she currently holds;·] · creating a new position for the disabled employee;' · promoting a disabled employee;·; or · violating legitimate transfer policies. seniority policies, provisions of a collective bargaining agreement, or the legitimate contract rights of nondisabled employees.' Fortunately, some courts have given employers a little guidance on the steps they must take to fulfill their obligation to reassign. The Seventh Circuit has ruled that the ADA may require reassignment to a completely different job, including a position in a different department, office, or facility' In fact, the obligation to reassign conceivably could extend to any lateral or lower-ranking position for which a disabled employee is qualified.' Ako v. Washington Hospitol Center The most comprehensive discussion of reassignment under the ADA comes from the D.C. Circuit's en bane decision in Aka v. Washington Hasp. Glr.' Mr. Aka was an orderly who could no longer perform the essential functions of his job, even \vith an accommodation, because of bypass surgery. JO Aka asked the hospital for a transfer, stating that he wished to remain employed, in any capacity, to maintain his pension. 11 One of the positions to which Aka sought a transfer was a file clerk job. Even though Aka met the minimum qualifications of this position, he was not given any of four vacant file clerk posi- ......,.........ft ........... ........_a......' ~...,,__ _.__... REASSIGNMENT UNDER THE ADA JOH:-': E. MURRAY, IOWA 1991, PRACTICES 1i"J EMPLOYMENT LAW FOCUSING 0;0.: EMPLOYMENT LITIGATION AND PREVESTl\'E COUNSELING AT DA\1S & KUELTHAU S.C., MILWAUKEE. CHRISTOPHER J. MURRAY 15 A LAW STUDENT AT THE U:';l\'ERSm OF IOWA COLLEGE OF LA\\', SCHEDULED TO GRADUATE Christopher J. Murray IX MAY 2001. John E. Murray tions.l! The hospital filled each of these vacancies \\ith a nondisabled employee whom it believed to be more qualified.1' The hospital offered several justifica- tions for its refusal to transfer Aka into any of these vacant positions. First, the hospital argued that Aka's inability to perform the duties of his orderly job meant that he was not a qualified indhidual \\ith a disability and, thus, was not entitled to an\' acconnnodat1on.l~ Rel)ing on se\·er~1 Seventh Circuit decisions, guidance from the Equal EmplO)lnent Opportunity Commission (EEOC), and the ADA's legislative history, the court rejected this argument. Reassignment must be an option for disabled employees who cannot remain in their current positions. The hospital then argued that it fully complied \\ith the ADA because it did not deny Aka any of the file clerk positions because of his disability. I' Both the hospital and the dissenting judges took the position that an employer satisfies its obligation to reassign if the employer simply allows disabled employees to compete equally \\;th nondisabled employees for vacant positions.16 The majority found several reasons to reject this interpretation. First, the court found that the ADA's plain language undermined this interpre- tation. The statute specifically mentions reassignment as a possible accommoda- tion. The court reasoned that an employer who does nothing more than allow a disabled employee to compete equally \\ith other employees for a position has not "reassigued" that employee: "[T]he word 'reassign' must mean more than allo\\ing an employee to apply for a job on the same basis as e\"Cryone else."" Since the ADA already prohibits discrimination against disabled people in the application process. the inclusion of reassignment as a possible accommDdation is meaningless if reassignment means only that disabled employees be allowed to compete equally \\;th nondisabled people for vacant jobs. The majority also rejected the argument that its interpretation of reassignment created an impennissible preference for disabled employees." After exhaustively re\ie\\ing the ADA's legislative histOJ}, the majority con- cluded that the ADA requires employers to do more for employees than they must do for applicants.19 Because ofthis, in some cases the ADA \\;11 compel the transfer of a qualified disabled employee over an arguably more qualified, nondisabled employee. 20 Although the Seventh Circuit Court of Appeals has not yet been asked to address the precise question raised in Aka, the Seventh Circuit has discussed at some length the scope of an employer's obligation to reassign, and those decisions are consistent \\;th Aka, The Seventh Circuit has ruled on several occasions that reassignment must be an option for disabled employees who can no longer continue in their current positions.'1 The Seventh Circuit also has given employers some guidance on the range of jobs to which the ADA may require reassignment: "The employer must first identify the full range of alternative positions for which the individual satisfies the employer's legitimate, nondiscriminatory prerequisites, and then determine whether the employee's own knowledge, skills, and abilities will enable her to perform the essential functions of any of these alternative positions with or without reasonable accommodation. The employer's duty to accommodate requires it to consider transferring the employee to any of these other jobs, including those that represent a demotion. "[T]he 'broad range' of jobs to which an employer must look when considering transfer as a reasonable accommodation for a disabled employee is bounded from above by the employer's freedom not to offer a promotion and from below by its legitimate, nondiscriminatory limitations on lateral transfers and promotions."" The Seventh Circuit's decisions in this area foreshadowed the anal)~is of the D.C. Circuit in Aka. Is Aka Right? Aka's interpretation of the ADA is not an aberration. When Congress enacted the ADA, one of its overriding purposes was to create employment opportunities for disabled employees who could work and wanted to work." Reassignment was specifically included as a possible accommodation employers must consider to make sure that qualified disabled employees remained employed." Aka also is consistent \\ith the EEOC's interpretation of the ADA. In March 1999 the EEOC issued a Policy Guidance on Reasonable Accommoda- tion under the ADA." In that guidance, the Commission restated its position that reassignment should be considered for any employee who can no longer perform the essential functions of his or her position because of a disability." The Commission also explicitly stated that reassignment requires more than simply allo\ving disabled employees to compete equally with nondisabled employees for vacant jobs: "Reassignment means that the disabled employee gets the vacant position if slhe is qualified for it. Othem;se, reassignment would be of NOVEMBER 1999 _ WISCONSIN LAWYER - PAGE 12 REASSIGNMENT UNDER THE ADA little value aud would not be imple- mented as Congress intended. »27 Finally, in June 1999 the Tenth Circuit Court of Appeals, sitting en bane, relied heavily on Aka and the EEOC's policy guidance to reverse a pauel's decision.MIn Smith v. Midland Brake Inc. the Tenth Circuit agreed that reassigument must be au option for disabled employees who caunot remain in their current positions." Quoting from Aka aud the EEOC's policy guidance, the court ruled that reassigument meaus more thau simply allowing disabled employees to compete equally with the nondisabled for vacant positions.'" It is probable that the Seventh Circuit will build on its prior decisions in this area to follow the lead of Midland Brake audAka. Practical Considerations Any time an employer is faced ",th a disabled employee \vho can no longer remain in his or her current position, the employer should ask two questions: a) Is there any accommodation that would allow this employee to stay in his or her current position? aud, if not, b) is there any vacant position this employee is qualified aud able to do ",th or ",thout an accommodation? Reassignment should be considered only after every avenue of accommodat- ing the employee in his or her current position has been exhausted. To determine if a disabled employee can be accommodated in his or her current position. the employer should review all relevaut medical information. The employer should meet with the em- ployee to agree on the essential func- tions of the employee's current job; the physical, mental, or emotional demands of that position; and the way in which the employee's condition creates challenges or barriers to performing those essential functions. Depending upon the circumstauces, health-care providers and outside consultauts may need to be consulted to discuss possible accommodations. After possible accommodations have been identified, the employer should analyze whether auy of these accommo- dations would create an undue hardship. Those accommodations can be elimi- nated. Employers are free to choose among any remaining accommodations, even if the chosen accommodation is not the disabled employee's first choice. If there is no accommodation that allows a disabled emplDyee to remain in his or her current position without undue hardship. the employer and employee should discuss the employee's qualifications for auy vacaut position. There also may be an obligation to analyze the employee's qualifications for positiDns that will become vacant ",thin a reasonable time. For example, assume a collective bargaining agree- ment creates an entitlement to a 12- month medical leave of absence. If an employee is on a medical leave of absence because of an inability to perform the essential functions of his or her position. and the disabled employee is not qualified for any currently vacant position, there may be an obligation to consider transferring the disabled employee into a position that becomes vacant during the medical leave of absence. The EEOC has taken this approach in its inte!}>retive guidance. 31 The EEOC's new guidance also addresses the situation in which an employer already has posted a vacant position for which a disabled employee is qualified. The ADA requires employ- ers to consider reassigument to any vacant position." In its guidance, the Commission has stated: "A position is considered vacaut even if au employer has posted a notice or aunouncement aud is seeking applications for that position. ,,'" Even if the posting process has begun, the positiDn is vacaut and an employer must consider the disabled employee for the opening. If the disabled employee is capable of filling the position, the employer has an obligation to place the disabled em- ployee in that position, even if the disabled employee has not sigued the posting aud/or the employer considers another nondisabled candidate to be better qualified. Conclusion The ADA's goal is to eliminate those barriers that prevent disabled people from fully participating in society. To achieve this goal in the employment context. the ADA compels employers to consider reassigning disabled employees as a preferable alternative to their unemployment The obligation to reassign is an affinnative obligation that may, in some cases. entitle disabled employees to "special privileges," However, based on the ADA's legislati\'e (continued 011 page 68) :{"'if ';~¡; State Bar employment. .cfjh ''it$ law book provides furt.tìe .;:.,~\ Attorneys seeking a resource that specifìcallrK to check out the State Bar's A Guide to Wis' - Law. Written by Rose Ann Wassennan, aD,,:' Equal Rights Division of the Department ofW has established itself as the authority on ~ The Guide examines each type of di .: Fair Employment Act (WFEA) aud exp .. and the various federal employment disc!'L... ADEA, Title VII, aud the Civil Rights Actõr~ ance on federal, state, aud local administrative as a soft-cover booklet for $29, which includes' call the State Bar or visit WisBar at www.wis ':'. NOVEMBER 1999 - WISCONSIN LAWYER - PAGE 13 REASSIGNMENT UNDER THE ADA !from page 13) history, judicial interpretation, and the EEOC's interpretation, employers must reassign qualified disabled employees, even at the expense of a more qualified, nondisabled applicant, if the duty to reassign is to mean anything. Endnotes IDalton v. lsuzu-Suburu Automotive Inc.. 141 F.3d 667. 676 (7th Cir. 1998); Gile v. United Airlines. 95 F.3d 492. 498 (7th Cir. 1996); Hendricks-Robinson v. Excel Corp.. 154 F.3d 685, 693 (7th Cir. 1998). See also. Benson v. Northwest Airlines Inc., 62 F.3d 1108,1114 (8th Cir. 1995); Daugherty v. City of EI Paso, 56 F.3d 695. 698-99 (5th Cir. 1995). 2Aka v. Washington Hasp. Ctr., 156 F.3d 1284. 1305 (D.C. Cir. 1998); Baerr v. Euclid Beverage Ltd., 149 F.3d 626. 633 (7th C¡r. 1998); Dalton, 141 F.3d at 678; Gile, 95 F.3d at 499. )Aka. 156 F.3d al 1305; Baert, 149 F.3d at 633; Dalton, 141 F.3d at 678; Eckles v. Consolidated Rail Corp.. 94 F.3d 1041. 1047 (7th Cir. 1996); Gile. 95 F.3d at 499; McCreary v. Ubbey- Owens Ford Co.. 132 F.3d 1159. 1165 (7th Cir. 1997). 4Aka, 156 F.3d at 1305; Baerl, 149 F.3d at 633; Benson, 62 F.3d at 1114; Foreman v. Babcock &: Wilcox Co., 117 F.3d 800, 809 (5th Cir. 1997); Gile, 95 F.3d at 499; McCreary, 132 F.3d at 1165. . 5Malabarba v. Chicago Tribune Co., 149 F.3d 690,699 (7th Cir. 1998); DaltOlI, 141 F.3d at 679. 6Aka, 156 F.3d at 1305; Barnett v. U.S. Air Inc., 157 F.3d 744, 751 (9th Cir. 1998); Benson, 62 F.3d at 1144; Dalton, 141 F.3d at 678·79; Eckles, 94 F.3d at 1050. 'Gile, 95 F.3d at 497-98. lid. '156 F.3d 1284 (D.C. Clr. 1998). IOld. at 1256, 1300, n.22. Illd. at 1286 n.l. L~/d. at 1287. LJld. 14/d. at 1300. 151d. at 1303. 1311·12. 161d. at 1311-12. "[d. 1302. 1304. Llld. at 1304-05. !9Id. 1304-05. 2°ld. 21Coclrrum v. Old Ben Coal Co.. 102 F.3d 908. 913 (7th Cir. 1996); Dalton v. Isuzu-Suburu Automotive Inc., 141 F.3d 667. 676 (7th Cir. 1998); Gile v. United Air Lines. 95 F.3d 492, 498 (7th Cir. 1996); and Hendricks-Robinson v. Excel Corp.. 154 F.3d 685. 693 (7th Cir. 1998). 22Dalton, 141 F.3d at 678-79. See also, DePaoli v, Abbott Laboratories. 140 F.3d 668, 674-75 (7th Clr. 1998). "S. Rep. 101-116 at 9; H.R. Rep. 101-485 (II) at 32-34. 145. Rep. 101-116 at 9. See also. H.R. Rep. 101- 485 (II) at 32-34. 2~lda L. Castro, Chairwoman, EEOC Policy Guidance 011 Reasonable Accommodation Under the ADA, 40 Daily Lab. Rep. I (March 2.1999); http:\\pubs.bna.clm\ip\BNA\dir.nsf\id\a0aIp5v.7n.3. 26/d. at 71-74. 171d. at 75. ~8Smit/¡ \'. Midland Brake IlIc.. _ F.3d _' 1999 WL 387498 (10th Cir. June 14. 1999) (en bane). 291d. at *2. wid. at *4-*6. "[d. 29 C.F.R. § 1630.2(0) .pp. "42 U.S.c. § 12112(b)(5)(A). .1~Castro, EEOC Policy Guidance. 40 Daily Lab. Rep. I. 77;htlp:~bs.bna,c1m\ip\BNA\dir.nsf\ id\aOalp5v.7n.3.. ŒÅ~~W~~1ijINtH Ct6.m t!I~ MOVING FORWARD TOGETHER We invite you to review our list of cases, successfully-prosecuted in over 20 states. Our firm has a team of experienced attorneys, engineers, nurses and investigators with a history of winning cases against negligent manufacturers. We accept referrals from around the country in the field of product liability and crashworthiness, including: 'RDOf Crush 'Seat Back Collapse 'Seat Belt Failure ·Air Bag Defect . Restraint System Design Refocusing the Profession for the Millennium State Bar Midwinter Convention & Annual Judicial Conference January 26-28, 2000 Midwest Express Center Milwaukee THE LAW OFFICES OF HABUSH, HABUSH, DAVIS & ROTIIER, S.C. Milwaukee,WI 1-800·242·7205 Contact Robert Habush or Don Slavik or e-mailtodslavik@habush.com NOVEMBER 1999 - WISCONSIN LAWYER - PAGE 6B Botcher. Scott From: Sent: To: SubJect: Beth Hoiseth [bhoiseth@ci.chanhassen.mn.us) Tuesday, December 14,19999:05 AM sbotcher@ci.chanhassen.mn.us Meeting summary - Lakeview Apartmentowner/North Bay residents Lakeview Hill Apartment owner Steve Liefschultz presented his "plans" to renovate the existing property, as well as adding new buildings to the property. Liefschultz thoroughly explained the lease contract, background checks conducted on tenants, and eviction procedures. The combined efforts between law enforcement and apartment management to resolve tenant problems was discussed. Calls for service to the complex have decreased over the last year. This is a direct result of strict lease enforcement. Concerns regarding speeding and clean up needed along the lake shore were addressed. Mark Senn advised that speed control devices may be a future solution, as the city council is just beginning to research these options. Liefschultz advised that his assistant David Grzan (also at the meeting) will direct clean up along the lake shore. North Bay representatives advised me that they were satisfied with the results of the meeting. Follow up in the Spring will keep them updated as to any progress in the plans for improvements, and to keep the communication open between the two property representatives. I will plan to meet with the North Bay residents, along with Deputy Douglas, in an annual Neighborhood Watch meeting to re-address any issues and maintain the working relationship with the neighborhood. 1 ;J(~ I ¡f./¡¡J.el-. 1heStRlul December 10,1999 St. Paul Fire and Marine Insurance Company 408 St. Peter St., Ste. 300 St. Paul, MN 55101·111B 651310.5000 Fax 651310.5100 Claims Fax 651310.5376 651310.53BO Scott Botcher, City Manager City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 <~09 \-~ , ~, , .. " - ,~ ".'...--.........- '-',.... Dear Scott: This letter will recap the Loss Control Services provided to your entity during the policy period from 12/31/98 to 12/31/99, and provide a proposal of loss control interventions for the upcoming policy period. These were the initiatives and improvements undertaken by the entity and supported by St. Paul Loss Control Services during the current policy period. . January 1999: Law Enforcement Liability and Loss Analysis Letter with technical article to police chief. Prepared loss analysis to be \\",,1.., presented at March renewal meeting. ¡L"..,,: 1','\lI(""')',"J]C" \1.1'.""1"',',;,,,,',\1.1];",- :,,:::, \1'.,",'March 1999: Fire Department and Team Renewal Meeting ~:';::'I ::.:::':Consultation with Mark Littfin regarding driver qualification and testing for ';,:::';:"",~,,:firefighters. Consultation with Todd Gerhardt on bleacher safety and provided I,."" '''Iq employment practices liability self-assessment. Planned service. II,,·'-!I',.,,[ ¡r"nLllnc'\;JIIJi',LI1\ ~: I:~'::,\';"".,,, April 1999: Parks & Recreation and Public Works :::::,:,:,:':;'""",j\ccompanied Todd Hoffman and his staff on a detailed inspection of 22 ::",',:',:',' :':':::::~playgrounds. Presented report. Made contact with Charles Forch regarding a ,",,,,,,\,,,,,,,,,, loss control review of planned expansion project. (.()mp."¡:- "1. 1'.\\\1 111<!<-11)]);1\ ~:":::::,'~L:¡f'::':;:¡u.oe 1999: Parks & Recreation ~:";::::,':,,~,::':::::'Consulted with Todd Hoffman regarding skateboard facility liability issues. ~::'::::',':',;::" Provided technical bulletin on the subject. L,'()I1<>"I" r.rc" 0:\ l:,I'U..!t\ '·''In!'.I;1\ !:.""II"Il1Y I'rd~'nc'lì jn,ur.ul'"(:<1t1If'.In\ Fnn'''III\ I'n'",i,'] ~,::::::;'~:,~,EIª¡¡ ¡!c; ,.¡On the previous services provided, and observations made throughout the ::"!:':,''',,:,,'P9IT~nt policy period, a Loss Control Service proposal for the upcoming policy period I"" "', L has'been established. To continue the work initiated in the current policy period, the ::,:':,:':,:.:":'fål'lowing services are recommended for the upcoming policy period. L"h'\('[\IL'"',''' 1J\'1I1',11""{'''L1'I',LJl\ l'''1 {,{: I _'lIlIh Ill'''] ''',' ('''II!)','1\ , OBJECTIVE DUE DATE o Loss Analysis Loss Analysis provided indicating frequency and severity loss trends. 12/99 o Worker's Compensation and Loss Control Program Evaluation Review worker's compensation loss control program, and assist as appropriate. Provide loss control program evaluation if desired. 4/00 o Fleet Safety 6/00 Offer assistance in developing insured's fleet safety program. Training as requested. I hope the Loss Control Services provided thus far by The St. Paul have met your expectations. I look forward to the opportunity of providing service to your organization in the future. You and all entity staff have been a pleasure to work with. If you have any questions or concerns, please feel free to contact me at 651- 405-8740. Sincerely, ,.---. ~::=-~~;J{>cß-JJ~JL William J. Hinderks, CSP, CPCU, ARM, ALCM Senior Risk Control Consultant cc: Bob Bourbonais, Dolliff, Inc. Maureen Lunde, St. Paul Public Sector Services Jeff Erager, St. Paul Public Sector Services ( (' f. \ . ~v\AL., -----......--. CAMPBELL KNUTSON Professional Association Attorneys at Law ~'? ':"'] , L{JI 'I: la December 9, 1999 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl· John F. Kelly Matthew J. Fo\i Marguerite M. McCarron Gina M. Brandt Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch (651) 452-5000 Fax (651) 452-5550 Mr. Lewis A. Remele, Jr. Bassford, Lockhart, Truesdell & Briggs, P.A. 3550 Multifoods Tower 33 South Sixth Street Minneapolis, Mirmesota 55402-3787 ~,;~,~~,' ;:"11 f"'"w,:_,~"-';' '..,-.;,." ·A!solians~djll\Vi5Co)nsin ,...-.... ... ' ",':'v l.~, 1999 Cìl) Ut \.ií-"".;\.t11"\;"~t.. 'J Re: Brown & Cris Inc. v. Carver County v. BRW, Inc. Dear Lou: This letter is a short follow up to our meeting at my office yesterday. As I indicated, it is the County/City's position that BRW should accept the defense and indemnification of this matter in its entirety. You are going to review the matter further with your client and get back to me. We will be looking to BRW for reimbursement of all attorney's fees and costs the County/City have and continue to incur in defense of this matter. In the meantime, you have agreed to take the lead in the defense of this matter, including the location and retention of the necessary expert witnesses. I will draft responses to the discovery requests and forward them to you, the County Attorney, and Greg Brown for review. I look forward to hearing from you. Best regards, Campbell Knutson Professional Association ~~'- Thomas M. Scott J\{+- TMS:cjh cc: Mr. Scott A. Botcher Ms. Anita Benson Ms. Kari S. Myrold / / Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 cc ~ Co~..... \. - - CARVER COUNTY PUBLIC WORKS [~~=: DEPARTMENT MONTHLY ACTIVITY UPDATE 1.::'::: 1 -1 E99 November, 1999 Ch r ur ~lìru,l1n';'\,J~i~ GENERAL ·...·.w~· Public Works Building Project - The silo and most of the footinlll and .. foundations have been removed from the property where the new PubliC Works Headquarters is to be built west of Cologne. Wickenhauser Excavating did tie site cleanup following the site burn conducted by the Cologne Fire Depa~ The County Board approved a contract on October 26 with Westwood Professional Services to prepare a wetland sequencing report for the buikling site. This report is necessary if impacting existing wetlands is being considered as part of the project design. Impacting the wetland immediately to the northeast Df the fonner bam IDcation has been conceptually discussed as an element of the project design. On November 30 the County Board approved a plan tD create a number of committees to guide upcoming building projects through their programming, design, and construction stages. The committees approved are 1) Public Works Facility Building Committee, 2) Household Hazardous Waste Facility Building Committee, 3) Government Center Community Health Space Building Committee, and 4) Health Services Space Building Committee. David Hemze (Assistant County Administrator), Fred Boethin (Controller), Bob Darnell (Building Maintenance Director), and a County Commissioner wDukl serve on each of the committees along with representatives of the departments ITIOst directly impacted by the projects. Members of the Public Works Facility Building CDmmittee are Roger GustafsDn, Dave Randt, Bill Weckman, Dick Olson Dave Samuelson, Pete Bendzick, Denny Owens (Sheriff Chief Deputy), AI Feltmann (Sheriff Mechanic), David Potts (Sheriff Sergeant), Kathy McGraw (Social Services Transportation SupervisDr), Jim Ische (County Commissioner). Tracy Swanson (County Commissioner) will serve as Commissioner Ische's alternate on the cDmmittee. Members of the Household Hazardous Waste Facility Buikling Committee are Mike Lein (Environmental Services Director), Leslie Wilson (Household Hazardous Waste Specialist), Joe EnfieJd (Assistant Director of EnvironlTlental Services), Roger Gustafson, Dave Randt, Dick Rickaby, and John Siegfried (County Commissioner). Architectural Alliance will work with these Building Committees to recommend space design and projected budgets to the County Board. The committees will ultimately be responsible for approval of change orders up to $5,0ID during construction and would remain in place through project completion. The proposed contract with Architectural Alliance was approved by the County Board on November 30. r » Can occupancy of the new Public WDrks Headquarters Building occur in 2001? One of the first tasks of all the committees will be the development of a more detailed construction schedule for each of the projects. Optimistic perspectives would say yes. » What will be the impact on the Norwood Young America shop and Watertown shop when the headquarters building is opened? The intent and understanding of the Public Works Department is that these two shops will continue to be an important component of our operations and that they will remain open. Watertown Public Works Building Site - The City of Watertown has requested the County to sell to the City the County property located adjacent to the fire hall in Watertown. This is the property on which the small shed is located. The City would like to construct a water treatment-plant at this location. Commissioner Dobratz, Dave Randt, Jim O'Connell, John Narr, John Lobitz, and Roger Gustafson met at the Watertown shop on October 26 and reviewed the I need for the property. Carver County has been informed of pending City assessments against the building site for street and utility improvements made in conjunction with the building of the new fire hall. Department Meeting - Our November 17 Department Meeting was held at Baylor Park. Topics discussed induded the new headquarters building, highway construction in the county, the county comprehensive plan, sign shop capabilities, the radio system, GPS usage, right-of-way platting, the Watertown shop, and rural intersection lighting. County Comprehensive Plan (Public Hearings) - Public hearings were held Tuesday, November 9, and Wednesday, November 10. Each hearing consisted of a i-hour open house for residents to ask questions of staff and review elements of the plan that were displayed. The open hDuse sessiDn was followed by a brief presentation (30-40 minutes) of the entire comprehensive plan. After the presentation, members of the audience were invited to ask questions or make statements concerning the plan. The hearings were lightly attended. The next public hearing date on the comprehensive plan is scheduled for Tuesday, November 16, beginning at 7:00 p.m. at the Government Center. HIGHWAYS Adopt-a-Highway Program - The County Board discussed the County's existing "pick-a-highway" program on November 22. The potential addition of a County "adDpt-a-highwaý' program similar to the established program in SODtt County received favorable responses from the County Board. A draft "pick-a-highway/adopt-a-highway" combination program was distributed to the County Board for review. This draft program will be discussed in more detail at an upcoming County Board meeting. Sign Bracing Program - Highway signposts were purchased earlier this year that will be used as bracing for existing signs on the county highway system. On December 22 bids will be opened for our sign bracing installation project. There has bæn damage to larger traffIC signs along county roads over the last few years during periods of high wind that has required extensive maintenance. To address this problem, a sign bracing project is being undertaken to strengthen post supports. This effort will dramatically reduce the hours spent by staff straightening Dr reinstalling posts that are displaced by wind. Contractor installation of the sign braces is being scheduled for March, April and May of 2000. Over 1,300 signs will be braced. Communication Towers (Cologne Area) - Commissioner Ische chaired a meeting on November 2 of various agencies and companies interested in siting communication towers in the Cologne area. The discussion included various co-locate and individual sites. The current county tower at the Cologne shop location and a conceptual tower IocatiDn at the new headquarters site weré part of the discussion. More review of this issue will be occurring over the upcoming weeks. Traffic Accident Data - The 6-month summary of traffIC accident information (January through June, 1999) for crashes that occurred on county roads was received last week. ~ ~ ~ Fatal Accidents Injury Accidents Property Damage Accidents 2 37 69 These statistics are slightly lower than those from recent years. The data is compiled by Mn/DOT. 1998 Traffic Volume Map - Mn/OOf has gone to a more automated method of processing traffic count data submitted by the various agendes, and it is taking longer to complete the 1998 data this first time through. The 1998 traffic volume map for our county highways should be ready about January, 2000. Household Hazardous Waste Collection Site - During the wæk of November 9, the Enginæring and Surveying staff, as required by the Environmental Services Department, relocated the piles of survey stakes and a storage cabinet located in the garage in the Government Center directly below the Engineering DivisiDn Offices to make room for the temporary storage of hazard household wastes that are collected by the County over the winter. This is the fourth year 2 that this program has operated out Df this garage during the winter. Combined use of this space in this manner is another example of the urgent need for facility upgrades in the department. CR 10/Engler Boulevard West (CR 11 to Bavaria Road) - The County Board approyed a resolution authorizing initiation of condemnation and a 9D-day quick take on November 9. Bids for the project were Dpened on MDnday, November 29. The amDunts read at the bid opening were: » . S.M. Hentges & Sons, Inc. » Ames ConstructiDn, Inc. » Buffalo Bituminous, Inc. » Wm. Mueller & Sons, Inc. » Valley Paving, Inc. » Ryan Contracting Co. » Richard Knutson, Inc. » Park Construction Co. > C.S. McCrDSSan Construction, Inc. $2,278,806.95 $2,447,389.79 $2,448,000.00 $2,491,631.02 $2,521,850.90 $2,728,806.95 $2,791,840.47 $2,977,616.30 $3,112,092.10 The final abstract of bids is being prepared. A recommendation fDr award will be given to the County Board at the November 30 meeting. Condemnation actiDn is planned to be filed the week Df November 29. Construction activity will not occur until after April 1, 2000 unless right-tD-access is acquired. CR 10 (TC8tW Railroad Crossing) - A federally funded project to upgrade the warning signals at the TC&W railroad crossing located on CR 10 between Chaska and Waconia was scheduled to occur this year. The project also includes installation of a new concrete surface crossing. This project will be delayed until 2000 due to the lateness of the season. CR 10/32 (Waconia Parkway South) - The November 1 County Board agenda included a resolution requesting cooperative agreement funding for a signal installation and intersection improvements at the TH 5/County Road 32/10 intersection on the west side Df Waconia. CR 10 (Watertown) - A prelilTlinary grading and utility plan was received on November 8th for the proposed Watertown Lutheran Elementary School Development which will be located on the southeast side on Watertown along CR 10. A review was completed and comments sent to the developer during the week of November 22. CR 11 Phase One (CR 10 to Lake Bavaria) - The roadway has been open to all traffic since October 27. A number of favorable comments have been received regarding the roadway. The constructiDn project is complete except for some minor clean up items. The Mn/DOT State Aid Office completed an inspection of the project on November 2. This inspection by State Aid was required because this project utilized federal funding. Final construction quantities have been calculated by the inspection team. Supplemental agreements, change orders, and work orders have been written which document these quantities. The final quantities need to be verified and accepted by the contractor before the final payment can be issued. There are right-of-way issues that still need to be settled with 2 property owners. Changes made in the road as part of this project have caused a need to rename some of the roadways in this area. After a number of meetings with other local governments, emergency service providers, the post office and other impacted interests, a name change plan was implemented. Part of this process includes nDtifying and working with the property owners whose address will change. The County Emergency Services Department is the lead agency in this part of the process. CR 11 Phase Two (Lake Bavaria to TH 5) - Construction project bids were opened on October 11, 1999. The low bidder was S.M. Hentges & Sons construction from Jordan. RecOlM1endation of award was sent to Mn/OOf who made the actual contract award since this project is partial funded with federal dollars. S. M. Hentges expressed an interest in completing most of the tree clearing and some of the pond excavation wDrk this fall. A utility meeting and a pre- construction meeting to address the work proposed for Fall 1999 completion were held on Wednesday, October 27. Tree clearing activity started on Monday, November 1. As of November 9, most of the trees that have to be removed as part of the projèct are removed. Next spring, after construction staking is completed, there might be some additional trees that have to be removed as part of the road construction project. The final detenninations of tree removal will be made in spring 2000. Pond excavation across from the Deer Run Golf Course will begin after the trees that are piled at this 3 location are chipped and removed. Pond excavation is scheduled to occur the last week of November. þ.s of November 30, the Engineer's Office has not received nDtice of the exact time the excavation will start. Right-of-way acquisition continues. County staff Interviewed on November 1 representatives of a consulting engineering finn for potential assistance In the construction staking and inspection of this project during the 2000 construction season. . CR 14 (Area Surface Water Management) - Chanhassen and County representatives met on November 1 and discussed the management of surface water runoff in the area to the north and west of the Hwy 101 and CR 14 (Pioneer Trail) intersection. The city has developed a number of concept plans that are being explored for potential partnerlng efforts between the county and the city. CR 18 between CR 11 (Victoria Drive) and CR 13 (Bavaria Road) - A meeting with resident representatives and Minnesota Landscape Arboretum staff was chaired by Commissioner Siegfried on NDvember 2. Discussions about the layout plan for constructing the road will be continuing during the coming weeks. Other meetings with the cities and with other agencies Involved in the overall CR 18 corridor may also be scheduled. CR 18 between TH 41 and Hwy 101 - Staff representatives of Chanhassen, Chaska, and Carver County met on November 5 tD discuss the reconstruction of CR 18 between TH 41 and Hwy 101. This project is part of the agency agreement signed in 1994 for the reconstruction of a number of county highways in the two cities. Chanhassen has Included this project for 2004 funding In Its tentative 5-year investment plan. CR 20 (Watertown to the Hennepin County Une) - This road segment Is included In the OP fDr complete reconstruction in 2002 or sooner. Recent action on the project included approval of an aerial survey agreement with Horizons, Inc. The aerial survey data will be used by Horizons to develop a contour and topographic survey map of the project area. This infonnatlon will then be used by our Engineering Division to design the proposed project. Design work will cDntinue through the winter of 1999-2000. CR 24 (Watertown) - A utility pennit application was received for a new proposed development along the north side of CR 24 in Watertown just east of CR 10. This was the first time the Engineering DivisiDn had seen the proposed plat that was scheduled for final approval. In review of the utility pennit request it was found there were some serious concerns we had regarding the limited proposed right-of-way dedication and the location of the proposed accesses. A number of phone contacts were made and a letter of concern was sent to the Oty along with a request to delay action on this plat proposal until the concems could be reviewed and addressed. Additional letters addressing some of these concerns were sent to the City during the week of October 25. CR 30 (Lake Waconla Park) - The November 1 County Board agenda Included a resDlution requesting cooperative agreement funding for signal installations and intersection cDnstruction at the proposed two new TH 5/County Road 30 intersections on the east side of Waconia. CR 33 (Morse Street in NYA) - During the week of October 11 a new concrete surface crossing was installed at the railroad crossing on Morse Street (CR 30) in Norwood Young America. New surface crossings were also placed at the crossings on Union Street and Faxon Road. Signal installation at all of the crossings is presently occurring. The warning signal installation is part of a federally funded project to improve crossing safety. CR 33 Crow River Bridge - Since the constructiDn of the CR 33 bridge over the Crow River, a number of the bearing pads on the south and north abutments have been shifting. Thenno expansion and contraction of the bridge superstructure has caused this shifting of the bearing pads. This shifting has been monitored by the county with assistance from the Minnesota Department of Transportation. A QUote has recently been requested from a contractor for repair of these pads. The superstructure of the bridge would be raised to pennit the resetting of the bearing pads. The work would be done under traffic sometime this winter. The County Board will consider awarding a contract to Structural Specialties of Hutchinson to reset 8 of the 10 bridge abutment bearing pads at an upcoming Board meeting. The contract amount will be less than $7,500. 4 The target month fDr opening bids for the construction of the project is April 2000. Actual construction would likely begin about two mDnths after the bid Dpening. The existing 328 foot long steel truss bridge was built in 1934. A 561-foot long concrete girder bridge will replace it. The new bridge will have a through lane In each directiDn with ten-foot wide shDulders. An 8-fODt wide walkway will " also be constructed along the west side of the bridge deck. Carver County Road 45 north of the new bridge will also be reconstructed. The elevation of the road will be raised about four feet to reduce the frequency Df it being overtopped by river valley flooding. During the past 10 years, the road has been closed due to flooding on 12 separate occasions. The new construction will reduce the probability of closing the road to about once every lO-year on average. CR 45 Minnesota River Bridge - Replacement of the bridge on Carver CR 45/Scott CR 9 Dver the Minnesota River north of Jordan is expected to begin in Year 2000 and take nearly a year to complete. This river crossing will be closed during the entire duration of the project. The closest altemative crossings of the Minnesota River are State Highway 25 north of Belle Plaine and State Highway 41 SDUth of Chaska. Right-of-way offers will be sent out to the Carver County property owners on November 29. There are eight properties impacted by this project Dn the Carver County side of the river. Scòtt County has been wDrking with landowners of the Scott County properties impacted by this project. CR 50 (Culvert Liner) - A 32 inch diameter culvert liner was successfully pushed through a severely rusted culvert in the Norwood Young America area. The culvert is located on County Road 50 about 'h mile West of CR 33 by the Wolter property. Due to the dry weather we have been experiencing, there was no water in the ditch. This made it easier to complete the project. CR 147 (Carver Townline Road) - Representatives of Wm. Mueller and Sons met with Highway Engineering staff on November 23 to review roadway alignment options for new CR 147 between the CR 40 Carver Creek bridge and the Orrin Thompson housing develDpment in Carver. AdditiDnal drawings will be prepared and discussions will continue. CR 152 (Ditch Cleaning) - Ditch cleaning was once again done on CR 152 in the area of the Hillary Drees property. There is an on-going problem with SDil erosion in this location. The channel and culverts become blocked just to the west of his place. This is the third time we have cleaned this area in as many years. Hwy 101 (TH 5 to North County Line) - Chanhassen, Eden Prairie, Hennepin County, and Carver County staff representatives met on November 5 to review comments submitted to the agencies during and following the two project Dpen houses held in late September. A summary of the questions with responses will be prepared. The Chanhassen City Council will have the project on one of its wDrkshop agendas in early December. TH 212 (Norwood Young America to CR 147) - A meeting was held on NDvember 3 to discuss the potential for completing the environmental reviews necessary for planning the upgrade of 11-1 212 between NDrwood Young America and Cologne. Also, the potential for officially mapping the envisioned improvement corridor between Norwood Young America and CR 147 was discussed. The meeting was chaired by Bob Undall, Southwest Corridor Transportation Coalition president. Attending the meeting were representatives of Carver County, Mcleod County, Mn/Dot District 8 (Willmar) and Mn/DOT Metro Division. A partnership effort involving these agencies is being discussed. Winter Preparations/Activity - Crews have been busy installing wing posts, mixing sand, putting Dn sanders, and doing general cleanup around shop sites and yards. We finally had our first snow on November 23. It got slushy enough that we had to go out and plow and sand. We started at normal time 7:00 a.m. and were done at 3:30 p.m. It took us 5 about 3-4 hours to have most of the ice and snow under control. We had a few minor problems with a few pieces of equipment, but over-all things went well. Crews are busy stockpiling sand and 3A minus material at the ShDps. Equipment (TBndem Axle Trucks) ~ The installation of two tandem axle truck boxes has been completed by Midland Box Company and the two trucks are at our shop in Cologne getting the strobe lights, radios, and some hDse and fitting work for the sanders and underbody plows finished on them. There are also some other adjustments that are being made as a matter of driver preference, and some tweaking that is needed in some areas. The third tandem axle truck is at King Equipment getting the box and hydraulic work done. We hope to have most of this work done by December 3. The truck will then be moved to little Falls to have the wing, underbody, and plow hitch Installed. Equipment (One-ton Truck) - The one-ton truck that we purchased from Waconia Ford has arrived. We were able to pick this unit up on Wednesday November 10. Southwest Corridor Transportation Co8lltlon (SWCTC) - A meeting of the swcrc was held on Friday, October 29, at the Chaska City Hall. Topics of the meeting were TH 5 (TH 41 to CR 17) right-of-way acquisition and letting schedule, New TH 212 right-of-way purchasing, and Mn/DOT District 8 support for TH 212 improvements east of NDrwood Young America. The opening of bids on the TH 5 project may be advanced from June Df 2000 to March of 2000 if the City Df Chanhassen is successful in securing early rights-of-entry from the impacted landowners. Ten to fifteen right-Df-way acquisition offers are expected to be made before May 2000, for parcels of land within the New TH 212 corridor. The design of New TH 212 between Hennepin CR 4 and Carver CR 18 (Lyman Boulevard) is expected to begin Year 2000. It is expected to take about 18 months to complete the design. The Mn/DOT District 8 Engineer, the Mn/DOT Metro Division Engineer, and representatives of the 5WcrC will meet during the Minnesota Transportation Alliance gathering on November 4 to discuss the potential involvement of Mn/DOT District 8 in the improvement of TH 212 east of Norwood Young America. Minnesota Transportation Alliance (Annual Conference and Meeting) - The MTA held a construction forecast workshop on November 3 as part of its annual conference. Subjects included the State Transportation Improvement Program (STIP), the Mn/DOT Letting Schedule Task Force Report, electronic bidding, and calendar year 2000 state-aid projects. Mn/DOT has the goal of letting 65% of its projects during the five-month period of November through March. The conference also included a lively panel discussion of transportation issues by State Senator Carol Flynn, State Representative Carol Molnau, and State Representative Tom Workman. VariDus perspectives were shared about the balancing of effort and funding for multi-modal transportation options. Fonner State Senator Duane Benson and Mn/DOT Commissioner EI Tinldenberg also addressed the cDnference. MICA County Engineers - On November 4, the MICA county engineers met to discuss the 2000 Transportation Legislative Platfonn of MICA as approved by the MICA Board of Directors. All platfonn subjects recommended by the county engineers have been approved. The subjects of the platfonn include the CSAH distribution fonnula, sales tax exemption for road equipment and materials, highway system funding, county bridge funding, road turnbacks, and review of plats abutting county roads within city limits. Minnesota Local Road Research Board (LRRB) - Mo/DOT Commissioner Elwyn Tinldenberg has appointed Roger Gustafson to be a member of the LRRB beginning January 1, 2000. The LRRB monitors and directs the use of research funds annually set aside from the County and Municipal State Aid ACODunts. The Board is made up of County, City and Mn/DOT employees. The County and City employees are appointed to a three-year tenn. PARKS Lake Minnewashta Regional Park (Activities Building) - The liner and rock filtering material were installed for the septic system. Remaining work on the septic system indudes installation of pump and electrical control panels and wiring. The setting of the pump and electrical wiring will be completed during the spring of 2000. Planting of the wetland basin 6 area also needs to be completed. Plumbing work was completed on the Park Activities Building. Minor electrical wDrk, installation of two vents and punch list is to be completed. County staff assisting with the installation Includes personnel from highways, parks, and environmental services. A walk through of the project was made on November 9. The water system for the building was activated and all water lines were charged. The building was winterized immediately after the walk through. The walk through revealed several conditions that need to be changed. The primary Issues that need to be corrected deal with electrical, mechanical and tile flooring. Lake MinnewashIB Regional Park (Beach Parking Lot and Main Road) - Oearing for the redesigned parking area was completed during the week of October 25. A sentence-to-serve work detaß and park staff removed trees from the north side the beach parking area. Park staff prepared the site by removing wood chips and landscape timbe~ from the construction area. A pre-construction meeting was held with Ingram Excavating on November 2 to review the project. Ingram Excavating removed stumps and striped some topsoil on November 3. The County Surveying and Engineering Divisions imputed coordinate Infonnation and providing staking on the project. The parking lot and main road were rough graded. The curb for the parking lot was poured and aggregate base was Installed for both the road and parking areas during the week of November 15. During the week of November 22, the first 2" lift of bituminous pavement was installed in the parking lot and on a portion of the main road. The second lift of bituminous is to be installed next spring when weather conditions pennit. Curb backfilling was scheduled for the week of November 29. Lake Minnewashta Regional Park (Winter Skiing and Walking Trails) - At the NDvember 17 Park Commission meeting, the commissione~ discussed separating the uses of walking and skiing from one another. Wall~ers have been using the cross-country ski trails in previous yea~. The track that is groomed for skiing is often disturbed by the walking activity. Skiers prefer a well-set track that has not been compacted by fDot traffic. Another concern is that walke~ will often walk several abreast making it difficult for skie~ to pass them. As a trial basis, a second set of trails will be groomed for walkers. The trails groomed for walking will utilize portions of the road system, picnic areas, and open play areas. Signs will direct walkers and skie~ to the appropriate parking and trail areas. Lake Waconia Regional Park (County Road 30) - Appraisals for acquiring property for the east Leg of County Road 30 are nearing completion. Work continues on defining right-of-way needed for the west leg of County Road 30. Plans are to proceed with appraisals on the west leg of CDunty Road 30 once the right-of-way is described. Baylor Regional Park (Trails) - Park staff is working to remove limbs from cross-country ski trails. Many areas of the trails have grown in with small trees or drooping limbs that hinder skie~ or interfere with maintenance vehicles. Baylor Regional Park (Aerators) - FDr many years the aerators on Eagle Lake have been positiDned SD that open water existed over the swimming area during the winter months. Open water during the winter mDnths can cause weeds to develDP early. During open water conditlDns, sunlight will penetrate to the lake bottom providing weeds the necessary energy fDr early development. At the Baylor Park beach, weeds are Dften well established before ice has gone Dut on the lake. This weed growth makes it diffICult to deploy the water curtain in spring and is a detriment to swimming. Park staff is consulting with the DNR to repositiDn the aerators so that the open water is away from the swimming area. Hopefully, if the aerators are repositioned, weeds will be less prevalent in early spring. r SURVEYING and MAPPING Plat Checking - Two additional plats have been received for checking. A twenty-five lot residential plat in Carver and a sixteen-unit cDndominium plat at the inte~ectiDn of Galpin Boulevard and Coulter BDulevard in Chanhassen. The primary areas Df platting this year have been Chanhassen, Chaska, Victoria and Waconia. Parœl Mapping - Digital parcel mapping project areas continue to be the Oty of Norwood Young America and Camden TDwnship. Map development of Norwood Young America is slowly processing due to the density of parcel splits and diffICult descriptions. Each of these areas is approximately 50% complete. Accurate alignment of right-of-way COrridDrs for State Highways 5, 25 & 212 are currently being added to the digital maps for Young America Township. 7 CR 30 Right-of-Way Plat - A revised plat depicting the west leg of the proposed realignment of CR 30 at Waconla Park has been received from the County consultant. A number of issues related to this plat are currently being reviewed. TH 41 Rlght-of-Way Plat- A plat depicting the State Highway 41 COlTidDr in Chaska has been submitted for checking ánd review. The plat was prepared by a consultant for the city to facilitate the orderly acquisition of the right-of-way. Sectiòn Corner Maintenance - A project to raise section corner5, so they are flush with county road surfåces was started during the week of November 8. In past year5, section corner monuments were set flush with bituminous road surface, but reconstruction and/or bituminous overlays have resulted in most monuments being six to twelve Inches below the road surface. The wor1< this fall in Dahlgren Township is a pilot project to test the durability of the new style mDnument through a freeze and thaw cycle. Survey staff checked and replaced section corner monuments In Chanhassen and laketown Township that were destroyed as a result of construction or road maintenance. Survey Assistance _ Requests for surveying and mapping assistance from county staff in the offices of the Recorder, Auditor and Planning & Zoning continue to increase. The requests include interpretation of legal descriptions, area computations, and detailed mapping of land parcels and easements. DI···· .. .." .. .. ." .. :..:.:.:.:.. ... .:~.... ... ....: ,.,.: ~: . ," :\\~] ADMINISTRATION and ACCOUNTING Y2K Information - Telephone "hotlines" are now available for use by the public to inquire about Y2K information and facts. The "hotline" for Carver County is 391-2292. This number will be used in the same manner as when flooding is a threat in Carver County. The state alsD has a "hotline" fDr Y2K informatiDn (1-800-657-3504). Contributing: Jon Weller, Dave Randt, Bill Weckman, Francis Kerber, John Freemyer, Marty Walsh, Roger Gustafson RDger Gustafson 8 CITY OF CHANHASSEN 690 Cilj' Crlltrr Drizt. PO Box /4ì o../IJ/JIlj,m. AIizllltiOfd 553/ ì Pbollr6/2.93ì./900 Cm",z/ Fax6/2.93ì.5ì39 ElJgillmiz¡g Fax 6/2.93ì.9/52 PI/Nit .\'(.fl'¡':¡X 6/l.934.l5lJ ¡r¡/lli!'ii:á.dl,Ji)t,I.'.'l"l.UliI.1f.i December 9, 1999 Mr. Greg Havlik, President Chanhassen Snowmobile Club 630 Conestoga Trail Chanhassen, MN 55317 Dear Mr. Havlik: Thank you for the invitation to participate in your December club meeting. I enjoyed the opportunity to socialize and share my thoughts regarding the future of snowmobiling in Chanhassen. The many conversations I had with members were infonnative. I now have a better understanding of the intricacies of your organization's work. Again, I encourage you to make a presentation explaining your club's activities to the Chanhassen City Council. You can contact the City Manager, Scott Botcher, at 937-1900 ex!. 112 or at sbotcher.ci.chanhassen.mn.us to schedule an appearance. I would suggest a 20 minute presentation, leaving 10 minutes for questions at a city council work session in January or February. As promised, I will contact you or a member of your board of directors when "issues" arise. The City of Chanhassen appreciates all the work the club perfOlms on behalf of snowmobilers in Chanhassen. Sincerely, ...-- -----:"7//~.......::::/ "-1//' ",/ ,;::f:::,-'/ /~ '. .// /</,.~-t'--._-_.____ Todd Hoffinan é -.. Park and Recreation Director TH:ns c: Scott Botcher, City Manager vMayor, and City Council Park and Recreation Commission Bud Olson, Carver County Sheriff Martin Walsh, Director Carver County Parks \\cfs I \voI2\park\th\ha\'likltr J 2~9.doc