Admin Section t
ADMINISTRATIVE SECTION
' Letter to Kristyn Heegaard dated September 19, 1990.
Letter to Kathleen Macy dated September 19, 1990.
Letter from MWCC dated September 7, 1990.
Letter from Kathleen Macy dated September 17, 1990.
Letter from Anthony J. Gleekel dated September 25, 1990.
' Letter from Roger Knutson dated September 21, 1990.
Letter to Don Halla dated September 25, 1990.
Letter from Richard Wing dated September 23, 1990.
Memo from Scott Harr dated September 19, 1990.
Letter from Dave Durenburger dated September 25, 1990.
Letter from Jim Walston dated September 25, 1990.
Letter from APWA dated October 8, 1990.
' Letter to Chanhassen Park Place Partners dated October 2, 1990.
Letter from Roger and Betty O'Shaughnessy dated September 25, 1990.
' Letter from National League of Cities dated August 10, 1990.
HRA Accounts Payable.
Memo from Paul Krauss dated October 3, 1990.
Memo from Tom Chaffee dated October 2, 1990.
Engineering City Council agenda items.
' Letter from Al Wallin dated September 17, 1990.
Memo from Jo Ann Olsen dated October 2, 1990.
' Memo to Scott Harr dated October 3, 1990.
I
1 i
CITY OF
CHANHASSEN
690 COULTER DRIVE • PO BOX 147 • CHANHASSEN MINNESOTA 55317
I (612) 937-1900 • FAX (612) 937-5739
September 1 , 1990
Kristyn Fl egaard
amerrcan Lung Association of Minnesota
490 Concordia Avenue
St . Paul . M\ 55103-2441
RF : Radon action Week
Dear Kristin.
I t 1t r to follow up on our telephone conversation regarding our par -
ticipation in Radon .Action Week. October 15-1 9. I appreciate your r ecormen--
•Iction• durinn our discussion. and based on the same. I have planned thu
I/ 1 . Distribute alpha track detectors to the City Council (6 members) and the
Public Safety Comnission (6 members) and ( 2) for City Hall .
2 . Have the local newspapers do an article on radon._ accompanied by a pie--
ture of the City Council and Public Safet, Commission with their
detectors (possibly with you in attendance explaining
their use??) .
'iou mentioned that there might be some assistance available to help with other
projects. and while I believe that we are better off this year with limiting it
to a few projects, I would certainly appreciate any other suggestions you have.
If you are able to forward the detectors for the above City Officials (and also
two (2) for our City Hall ) , I think this will be a great approach to showing
that Chanhassen does "practice what it preaches". Also, you said that would
send me information that I can provide to the newspapers in requesting that they
11 consider writing articles on this. Thanks, Kristyn!
Sinter y,/
Sco Har r
Acting Public Safety Director
SH:cd
11 cc: Don Chmie1 , Mayor
Don Ashworth, City Manager
Steve A. Kirctman, Building Official
The Villager Newspaper
The Sailor Newspaper
11
CITY JF
9,21 ,q.
CHANHASSEN
690 COULTER DRIVE • P O BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
I
September 1 . 1990
I
Kathleen Mao . Principal
Chanhassen Elementary School
7600 fared(' Drive
Chanhassen . \C\ 55317
In Ar Kathleen .
a note to IeI Neu knob that in response t „ a re re,. I flow
P � t;.
City Councilman Jai Johnson . we have assigned our ( omm ni r \ ti:
vicc nffrcer,, to work at f a .m. in order to watch for people
� letting animals loose on school property . 4ctuall . numerous
contacts have been made with a number cif citations heing issued ,
and even more people advised that letting animals run on school
property Is 'illegal .
Just thought ■ ou would like to know . If there r anthiri we can
do for you . please let me know . We do continue to keep on top of
the traffic control requests that you and I have been working on
together as well
Sine _re
c
Scott Harr
Acting Public Safety Director
I SH: cd
cc: Don Ashworth, City Manager
Jay Johnson, Councilman
I
I
I
I
ti
i-r-�. Metropolitan Waste Control Commission
Mears Park Centre. 230 East Fifth Street, St. Paul, Minnesota 55101
I — 612 222-8423
September 7, 1990
I eN C C *OSA t u i -r lot s��
u
Mr. Donald Ashworth - - ---�-
City Manager
ii City of Chanhassen F; 14 254t Dow: v ocvo i1 c
690 Coulter Drive �"�
Chanhassen, MN 55317 (V 1(,L &.. M1xot't" P
11 SUBJECT: Systemwide Infiltration/Inflow Evaluation t * Cv41
Phase I Report
IA./1,L.L. Lo%.141 44i-A--4-Dear Mr. Ashworth: 440 .
In March of this year the Metropolitan Waste Control Commission �T
II began a study of the impact of infiltration and inflow (I/I) of
clear water on the Metropolitan Wastewater Disposal System. The
first phase of this study is now complete. A copy of the two
IIvolume report is enclosed for your review and comment.
One of the primary objectives of Phase I was to encourage community
II involvement in this study. We asked that community officials and
staff attend informational meetings and a technical workshop on
this topic. The level of response has been excellent. The
Commission thanks those who participated in these events for
IIsharing their ideas and concerns regarding the issue of I/I.
The opportunities for your involvement will continue in the second
I phase of the study, which will concentrate on the analysis of the
volume and rates of I/I, its economic impact on Metropolitan
facilities, and policies which might be used to encourage the
reduction of I/I. The Phase I report provides additional
IIinformation on these future activities.
We would appreciate receiving any written comments you have on the
I/ Phase I report by October 1, 1990, so that they may be considered
for inclusion under the Phase II work. If you have any questions,
please call Wayne Rikala at 229-2127, or Ray Odde at 229-2114.
II Very truly yours,
CITY 0� ��� HASSEN
.C:::::),..-2.a.-4....Gordon 0. Voss Ep 1'' 1990
Chief Administrator
II GOV:WBR:j le ENGINEERING DEPT
•
cc: Lurline Baker-Kent, MWCC Chair
IIGloria Vierling, MWCC Commissioner, Precinct G
Enclosure
II
Equal Opportunity/Affirmative Action Employer
l SJ
AI-
/
Chanhassen Elementary School
Independent School District 112
•
7600 Laredo Drive
Chanhassen, Minnesota 55317
612/934-5246
I
September 17, 1990
Dear Scott,
Adequately expressing my appreciation for your and the
Chanhassen Public Safety Department's response to the bus
accident of September 10 is difficult. Your prompt,
factual reports from the scene dispelled rumors and helped
me plan the best way to serve children and parents. Thanks
to you and to all the men and women who gently and expertly
cared for our children.
It is true.
"... show me a community that cares for
its children and I will show you a
community that will prosper".
Author unknown
I am proud to be a member of a community that so
visibly cares for its children.
Gratefully,
11 .
Kathleen Macy, Principal
Chanhassen Elementary
1
I
1
I
1V e
L .
LAW OFFICES
SIEGEL, BRILL, GREUPNER & DUFFY, P.A.
FORMERLY
GROSSMAN, KARLINS,SIEGEL & BRILL
RICHARD SIEGEL RETIRED
JOSIAH E BRILL, JR SUITE 1350 M L. GROSSMAN
JAMES R. GREUPNER 100 WASHINGTON SOUARE SHELDON D KARLINS
GERALD S DUFFY
WOOD R FOSTER JR MINNEAPOLIS, MINNESOTA 55401
THOMAS H GOODMAN ALSO ADMITTED IN WASHINGTON
K.CRAIG WILDFANG TELEPHONE (612) 339 7131
JOHN S WATSON TELECOPIER (612) 339 6591
WM CHRISTOPHER PENWELL
SUSAN M VOIGT
KATHLEEN A CONNELLY September 25, 1990
STEVEN L SCHECHTMAN.
ANTHONY J GLEEKEL
SHERRI L. BRICK
BRIAN E WEISBERG
17236-D-001
City of Chanhassen
690 Coulter Street
Chanhassen, MN 55317
Re: Moon Valley Aggregate, Inc. v. City of Chanhassen
Dear Sir/Madam:
Enclosed and served upon you by messenger Summons and
Complaint in the above action.
Very truly yours,
11 t-- �- I 1:C �1 1L_V {
Anthony J. Greekel
AJG/hsw
Enclosure
I
I
I
I
I
I
I
IICase Type: Declaratory Judgment
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Moon Valley Aggregate, Inc. , Court File No.
a Minnesota corporation,
Plaintiffs,
SUMMONS
vs.
City of Chanhassen,
Defendant.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon
plaintiff ' s attorneys an Answer to the Complaint, which is
herewith served upon you, within twenty (20) days after
' service of this Summons upon you, exclusive of the day of
service. If you fail to do so, judgment by default will be
taken against you for the relief demanded in the Complaint.
Dated: lax. Z,-d s /S Sv .
SIEGEL, BRILL, GREUPNER &
DUFFY, P.A.
I By
Gerald S. Duffy
Attorney I.D. No. 24703
C '''17-6t• To‘ardric
By
Anthony J. Glee
Attorney I.D. No. 185395
Attorneys for Plaintiff
Suite 1350
100 Washington Square
Minneapolis, MN 55401
(612) 339-7131
11 OF COUNSEL:
Michael Dwyer
MACKALL, CROUNSE & MOORE
1600 TCF Tower
Minneapolis, MN 55402
I
Case Type: Declaratory Judgment
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
11
Moon Valley Aggregate, Inc. , Court File No.
a Minnesota corporation,
Plaintiff,
1 COMPLAINT
vs.
City of Chanhassen,
Defendant.
11
Plaintiff, for its Complaint, states and alleges as
follows:
1. This action is commenced pursuant to Minnesota
Statute Chapter 555, to determine and obtain a declaration
of Plaintiff ' s legal rights under the Constitution of the
United States of America and the State of Minnesota, as
applied to the hereinafter stated facts, and to determine
and obtain a declaration of the rights and status of the
Plaintiff thereunder.
2 . Plaintiff Moon Valley Aggregate , Inc .
( "Plaintiff" ) is a Minnesota corporation organized to
operate a mineral excavation and mining operation on
' property located at 100 Flying Cloud Drive, between Highway
212 and Pioneer Trail , within the City of Chanhassen
("Property") .
11
I
II
I
3 . Defendant, City of Chanhassen ( "City" ) is a
Minnesota municipality located in Hennepin and Carver
Counties.
4 . Defendant acting by and through its City Council
has passed, and from time to time amended, a zoning and land
use ordinance, which together with all amendments thereto is
incorporated herein and hereinafter referred to as the
"Zoning Ordinance" . Upon information and belief, the Zoning
Ordinance was first adopted in 1972 .
5 . The Property is an approximately 80-acre parcel
used primarily for the extraction and mining of sand ,
gravel , clay and other minerals . Upon information and
belief, the Property has been continuously used for sand,
gravel , clay and other mineral excavation and mining since
Ithe early 1950 's.
6. By its very nature , the mining and extraction
operation on the Property has expanded since its inception,
and neither Plaintiff nor its predecessors have been
required to obtain a conditional use permit, interim use
permit or any other type of license or permit from the City.
7. The Zoning Ordinance, as adopted in 1972 required
a conditional use permit for any mineral extraction that
took place within the City's limits. Plaintiff's excavation
and mining operation was a pre-existing nonconforming use by
the terms of the Zoning Ordinance.
I
-2-
11
II
8. In or about November, 1989 , the City Council
' directed the City Attorney and City Staff to research a
method to regulate the excavation and mining operation on
the Property. Soon thereafter, the City Attorney presented
an ordinance that would require, in essence, an interim use
permit for all mineral extraction within the City, and
establish limitations , standards and controls for
excavating, mining, filling and grading within the City.
9. The ordinance was conceived, drafted and designed
' specifically to apply to the the mineral excavation and
mining operation on the Property, as it is the only long-
standing commercial mining operation within the City.
10. On or about May 14, 1990, Defendant's City Council
adopted Ordinance 128 , amending Chapter 7 and Chapter 20 of
the Chanhassen City Code pertaining to excavating, mining,
filling grading radin g "Ordinance 128") . Ordinance 128 is
attached hereto and incorporated herein as Exhibit A.
11. Ordinance 128 makes mining, excavating, filling
and grading, an interim use, by requiring an Earth Work
Permit for any excavating, mining, filling, and grading of
One Thousand (1, 000) cubic yards of material or more in a
twelve (12) month period. Pursuant to Ordinance 128, an
application for an Earth Work Permit is processed in
accordance with the same procedures specified in the Zoning
Ordinance for interim use permits. Ordinance 128 requires
-3-
11
II
S
that any mining or excavating operator, not required to
obtain an interim use permit under the Zoning Ordinance,
must obtain an Earth Work Permit within six months of the
1 adoption of Ordinance 128.
12 . In order to obtain an Earth Work Permit under
Ordinance 128 , Plaintiff must complete an application which
includes, but is not limited to, the following requirements:
a. Plaintiff must reach an agreement with the City
"to construct such required improvements and to
comply with such conditions of approval as may
have been established by the City Council. "
' b. Plaintiff must provide the Defendant with an
irrevocable letter of credit in an amount equal to
the cost of complying with the agreement as
determined by the City Council, to be reviewed
annually.
c. Plaintiff must meet minimum setback requirements.
d. Plaintiff must provide fencing.
e. Plaintiff must provide screening.
f. Plaintiff must comply with certain unspecified
operation standards.
g. Plaintiff must meet certain unspecified
restoration standards.
(See Exhibit A) .
COUNT I
VIOLATION OF NONCONFORMING USE RIGHTS
1 13 . Plaintiff realleges and incorporates paragraphs 1-
12 of the Complaint as though set forth in full herein.
11 14 . The Plaintiff's use of the Property for mineral
excavation and mining began before the adoption of the
-4-
I
Zoning Ordinance in 1972 , and has been continuous to the
' present date, and therefore, is a valid nonconforming use.
15. The City in memoranda drafted by its attorney and
11 staff in conjunction with the adoption of Ordinance 128 ,
concedes that the mineral excavation and mining on the
Property is a valid nonconforming use.
t16. Ordinance 128 in whole and/or in part, is a
violation of Plaintiff's valid nonconforming use rights, and
is therefore illegal , invalid and otherwise legally
insufficient.
I COUNT II
VIOLATION OF PLAINTIFF'S VESTED RIGHTS
17 . Plaintiff realleges and incorporates paragraphs 1-
18 of the Complaint as though set forth in full herein.
18 . Plaintiff has vested rights to continue operation
of the mineral excavation and mining operation in the same
manner the excavation and mining has since the early 1950 's.
19 . Ordinance 128 is a violation of Plaintiff's vested
' rights and is therefore illegal , invalid and legally
insufficient.
COUNT III
VIOLATION OF DUE PROCESS
20. Plaintiff realleges and incorporates ara ra hs 1-
P g P
' 19 of the Complaint as though set forth in full herein.
-5-
I
II
21. The City ' s P' s ado tion of Ordinance 128 was an
' unreasonable and illegal exercise of the City's legislative
power, was based on insufficient evidence, and was otherwise
arbitrary, capricious and unreasonable; constituting a
denial to Plaintiff of its rights to due process, in
violation of the Constitutions of the United States of
' America and the State of Minnesota , and is therefore
illegal, invalid and legally insufficient.
1
COUNT IV
VIOLATION OF EQUAL PROTECTION
22 . Plaintiff realleges and incorporates paragraphs 1-
21 of the Complaint as though set forth in full herein.
23 . The City ' s classification of Plaintiff ' s use of
11 the Property for regulation under Ordinance 128 is
unreasonable , arbitrary and not supported by evidence
submitted to the City Council.
24 . Ordinance 128 constitutes a denial to Plaintiff's
of equal protection under the law in violation of the
Constitutions of the United States of America and the State
Iof Minnesota, and is therefore illegal, invalid and legally
insufficient.
GENERAL ALLEGATIONS APPLICABLE
TO ALL COUNTS
25. Plaintiff has exhausted all administrative
11 remedies and/or further pursuit thereof would be futile.
1 -6-
I
II
r
26. An actual controversy of a justiciable nature
exists between the parties and is in need of declaratory
relief.
27. Plaintiff is without an adequate remedy at law.
NOTICE OF CLAIM AND AWARD
11 28. Plaintiff hereby notifies the City of their intent
to claim costs, disbursements and reasonable attorney's fees
and witness fees against the City pursuant to Minn. Stat.
549. 21.
WHEREFORE, Plaintiff demands judgment against Defendant
City Chanhassen adjudging and decreeing:
1. An Order declaring that the use of the Property
for mineral excavation and mining is a valid
nonconforming use, and is therefore exempt from
1 the regulations and requirements of the City of
Chanhassen Ordinance 128 ; and
2 . An Order declaring that Plaintiff's vested rights
in the mineral excavation and mining operation on
the Property, exempt the Plaintiff from the
' regulation and requirements of the City of
Chanhassen Ordinance 128; and
3 . An Order declaring that City of Chanhassen
Ordinance 128 is a violation of Plaintiff ' s
Constitutional rights to due process and equal
protection of the law, and is therefore illegal,
invalid and void;
4 . Granting Plaintiff such other and further relief
as may be just and equitable, together with
-7-
I
11
II
Plaintiff' s costs and disbursements, including
reasonable attorney's fees.
Dated: j. a?S- 9Fo .
SIEGEL, BRILL, GREUPNER &
DUFFY, P.A.
By ,-.et- f-cac<4624#1i
Gerald S. Duffy
Attorney I.D. No. 24703
11 By Ct.,efk4vikj Anthony J. G1
Attorney I.D. Noir. 185395
' Attorneys for Plaintiff
Suite 1350
100 Washington Square
Minneapolis, MN 55401
(612) 339-7131
OF COUNSEL:
Michael Dwyer
MACKALL, CROUNSE & MOORE
1600 TCF Tower
Minneapolis, MN 55402
I acknowledge that costs, disbursements, and reasonable
attorney and witness fees may be awarded to the opposing
party or parties pursuant to Section 549.21.
4"t-elat491",
-8
49092590-U-17236\001-01.COM
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 128
AN ORDINANCE AMENDING CHAPTER 7 AND CHAPTER 20
OF THE CHANHASSEN CITY CODE PERTAINING TO
EXCAVATING, XINING, FILLING, AND GRADING
The City Council of the City of Chanhassen ordains as
follows:
SECTION 1. Chapter 7 of the Chanhassen City Code is hereby
amended by adding Article III to read as follows:
7-30: PURPOSES AND INTENT.
The purpose of this article is to promote the health,
P r'P P
safety and welfare of the community and to establish reasonable
uniform limitations, standards, safeguards and controls for
excavating, mining, filling, and grading within the City.
Excavating, mining, filling, and grading permits for more than
fifty (50) cubic yards, but less than one thousand (1,000) cubic
yards of material in a twelve (12) month period may be processed
administratively. Excavating, mining, filling, and grading of one
thousand (1, 000) cubic yards of material or more in a twelve (12)
month period shall be processed in the same manner as an interim
use permit.
7-31: DEFINITIONS.
The following words, terms and phrases shall have the
following meanings respectively ascribed to them:
Earth Work or Work the Earth: Excavating, mining,
filling or grading.
Excavating or Xining:
(a) The removal of the natural surface of the earth,
whether sod, dirt, soil, sand, gravel, stone, or other matter,
creating a depression.
(b) Any area where the topsoil or overburden has
been removed for the purpose of removing earthly deposits or
minerals.
(c) Any area that is being' used for stockpiling,
storage, and processing of sand, gravel, black dirt, clay, and
other minerals.
r05/15/90 EXHIBIT A
II
Pilling or Grading: To change the contour of the
land.
Overburden: Those materials which lie between the
surface of the earth and material deposit to be extracted.
Restoration: To renew land to self-sustaining long-
term use which is compatible with continguous land uses, present
and future, in accordance with the standards set forth in this
article.
• Topsoil: That portion of the overburden which lies
closest to the earth's surface and supports the growth of
vegetation.
7-32 : PERMIT REQUIRED.
Except as otherwise provided in this article, it
shall be unlawful for anyone to work the earth without having
first obtained a written permit from the City authorizing the
' same in accordance with this article. Active Earth Work
operations that predate this article that do not have a permit
shall cease operations or obtain an Earth Work permit within six
(6) months after the adoption of this article. Current permit
holders shall come into compliance with the terms of this article
no later than the renewal date of such permit holder's Earth Work
permit.
7-33 : EXEMPTIONS PROM PERMIT REQUIREMENTS.
IThe following activities do not require an Earth Work
perm :
A. Excavation for a foundation, cellar, or basement of a
building if a building permit has been issued.
' B. Grading a lot in conjunction with building if a building
permit has been issued.
C. Excavation by the federal, state, county, city, or other
government agencies in connection with construction or
maintenance of roads, highways, or utilities.
t D. Curb cuts, utility hookups, or street openings for which
another permit has been issued by the City.
' E. Excavation or filling of less than fifty (50) cubic yards in
a calendar year.
I
I
-2-
II
F. Plowing and tilling for agricultural purposes.
G. Earth work in accordance with a development contract approved
under the City's Subdivision Ordinance. If the development
contract requires that a letter of credit or other security
' be posted, the letter of credit or other security must be
posted before any excavation takes place.
' 7-34: EXEMPT LUTE WORE.
Earth work that is exempt from obtaining a permit
pursuant to Section 7-33 shall:
A. Comply with the City's erosion control standards.
' B. Maintain natural or existing drainage patterns.
C. Comply with the City's other ordinance requirements including
tree preservation and wetland protection.
7-35: APPLICATIONS POR EARTE WORK PERMITS.
' A. An application for an Earth Work permit shall be processed in
accordance with the same procedures specified in the City
Code relating to interim use permits except that earth work
of more than fifty (50) cubic yards of material but less than
one thousand (1, 000) cubic yards of material in a twelve (12)
month period may be approved administratively.
B. An application for a permit shall contain:
' 1. The name and address of the operator and owner of the
land, together with proof of ownership. If the operator
and owner are different, both must sign the application.
' 2 . The correct legal description of the property where the
activity is proposed to occur.
1 3 . A certified abstract listing the names of all landowners
owning property within 500 feet of the boundary of the
' property described above.
4 . Specifications of the following, using appropriate maps,
photographs and surveys:
' a. Proposed grading plan.
1 b. Proposed stockpile sites.
c. The physical relationship of the proposed designated
site to the community and existing development.
I
-3-
' d. Site topography and natural features including
location of watercourses and water bodies.
e. The description and quantity of material to be
excavated.
f. The depth of water tables throughout the area.
g. The location and depth of wells and buried garbage,
water, and fill.
5. The purpose of the operation.
6. The estimated time required to complete the operation.
' 7. Hours and months of operation.
8 . A tree survey indicating the location and type of all
trees over six (6) inches in caliper. Zn a heavily wooded
area only the boundaries of the tree areas must be
indicated on the survey.
9. An end use landscape plan and interim screening plan for
the operation period.
10. The plan of operation, including processing, nature of
the processing and equipment, location of the plant,
source of water, disposal of water and reuse of water.
11. Travel routes to and from the site and the number and
type of trucks that will be used.
12 . Plans for drainage, erosion control, sedimentation and
' dust control.
13. A restoration plan providing for the orderly and
' continuing restoration of all disturbed land to a
condition equal to or better than that which existed
prior to the earth work. Such plan shall illustrate,
using photographs, maps and surveys where appropriate,
' the following:
a. The contour of the land prior to excavation and
proposed contours after completion of excavation and
after completion of restoration.
' b. Those areas of the site to be used for storage of
topsoil and overburden.
' c. A schedule setting forth the timetable for excavation
of land lying within the extraction facility.
I
II -4-
1 . .
d. The grade of all slopes after restoration, based upon
proposed land uses, and description of the type and
quantity of plantings where revegetation is to be
conducted.
' e. The criteria and standards to be used to achieve
final restoration as well as intermittent
stabilization.
14 . A statement identifying the applicant's program to insure
' compliance with the permit conditions, method of response
to complaints and resolving conflicts that may arise as a
result of complaints.
15. Unless exempt under Minnesota Rules, an environmental
assessment worksheet, if required by the City.
16. A wetland alteration permit, if required by the City
Code, which shall be processed concurrently with the
excavation permit application.
' 17. Other information required by the City.
C. Applicants for Earth Work permits involving less than one
thousand (1, 000) cubic yards of material must only furnish
the information specified in Section 7-35B(1) , (2) , (4a) , (5) ,
(6) , (7) , (8) , (12) , (13) , (16) , and (17) .
7-36: PROCESSING OP EARTH WORK PERMIT APPLICATIONS.
A. Except as otherwise provided herein, the City Council shall
review the Earth Work permit application and shall approve
the permit if it is in compliance with this 'article, the
'' City's Zoning Ordinance, and other applicable laws,
ordinances, and regulations.
B. A permit may be approved subject to conditions necessary to
ensure compliance with the requirements and purpose of this
article. When such conditions are established, they shall be
set forth specifically in the permit. Conditions may, among
other matters, limit the size, kind or character of the
proposed operation, require the construction of structures,
require the staging of extraction over a time period and
' require the alteration of the site design to ensure
compliance with the standards in this article.
C. Earth work of more than fifty (50) but less than one thousand
(1,000) cubic yards of material in a twelve (12) month period
may be approved by the City Staff. The applicant shall submit
the fee required by Section 7-39 of the City Code. Upon
receipt of a completed application, the City Staff shall
review the application within ten (10) working days and shall
notify the applicant of the decision by mail. The City Staff
may impose such conditions as may be necessary to protect the
-5-
I ' '
public interest. Bonding may be required in an amount
11 sufficient to ensure site restoration should the applicant
default. Any applicant aggrieved by a decision may appeal the
determination to the City Council.
' 7-37: TERMINATION OP
A. An Earth Work permit may be terminated for violation of this
article or any condition of such permit. No Earth Work
permit may be terminated until the City Council has held a
public hearing to determine whether such permit shall be
terminated, at which time the operator shall be afforded an
opportunity to contest the termination. The City Council may
establish certain conditions, which if not complied with,
' will result in immediate suspension of operations until the
public hearing to consider termination of the permit can be
held.
' B. It shall be unlawful to conduct earth work after a permit has
been terminated.
7-38: ANNUAL PERMITS.
' A. Earth Work permits shall be renewed annually. The purpose of
the annual permit is to monitor compliance with the
conditions of approval. The City Engineer, after consultation
with appropriate City staff, may issue renewal permits upon
satisfactory proof of compliance with the issued permit and
this article. If the City Engineer denies a renewal permit,
the applicant may appeal the decision to the City Council by
filing a notice of appeal with the City Clerk within ten (10)
days after the City Engineer denies the permit.
' B. Request for renewal of an Earth Work permit shall be made
sixty (60) days prior to the expiration date. If application
or renewal is not made within the required time, all
operations shall be terminated, and reinstatement of the
' permit may be granted only upon compliance with the
procedures set forth in this article for an original permit.
' C. An Earth Work permit which is limited in duration cannot be
extended by the City Engineer. Extensions must be approved by
the City Council.
' 7-39: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND
RELIEVES TEE PERXITTEE OP MO RESPONSIBILITIES.
Neither the issuance of a permit under this article,
nor compliance with the conditions thereof or with the provisions
of this article shall relieve any person from any responsibility
' otherwise imposed by law for damage to persons or property; nor
shall the issuance of any permit under this article serve to
impose any liability on the City, its officers or employees for
any injury or damage to persons or property. A permit issued
6
I pursuant to this article does not relieve the permittee of the
responsibility of securing and complying with any other permit
which may be required by any other law, ordinance or regulation.
II7-40 : TEES.
A schedule of fees shall be determined by resolution
1 of the City Council, which may, from time to time, change such
schedule. Prior to the issuance or renewal of any permit, such
fees shall be paid to the City and deposited in the general fund.
I7-41: AGREEMENT; IRREVOCABLE LETTER OP CREDIT.
I Prior to the issuance of an Earth Work permit, there
shall be executed by the operator and landowner and submitted to
the City an agreement to construct such required improvements and
to comply with such conditions of approval as may have been
II established by the City Council. The agreement shall run with
the land and be recorded against the title to the property. The
agreement shall be accompanied by a letter of credit acceptable
II to the City in the amount of the costs of complying with the
agreement as determined by the City Council. The adequacy of the
letter of credit shall be reviewed annually by the City. The City
I Engineer may direct the amount of the letter of credit be
increased to reflect inflation or changed conditions. The City
may draw against the letter of credit for noncompliance with the
Iagreement and shall use the proceeds to cure any default.
7-42 : SETBACKS.
I Mining for the purpose of selling sand, gravel, black
dirt, clay, and other minerals shall not be conducted within:
IA. One hundred (100) feet of an existing street or highway.
B. Thirty (30) feet of an easement for an existing public
Iutility.
C. Three hundred (3001 feet of the boundary of an adjoining
property not in mining use except that aggregate processing
Ithat creates objectionable noise and dust, including but not
limited to crushing, must be set back one thousand five
hundred (1,500) feet from the boundary of adjoining property
Inot in mining use.
7-43: FENCING.
IDuring operations permitted under this article, any
area where excavation slopes are steeper than one foot vertical
to one and one-half (1-1/2) feet horizontal shall be fenced,
unless the City determines that they do not pose a safety hazard.
! Water storage basins shall also be fenced if the City determines
II the basins pose a potential safety hazard. Unless otherwise
approved by the City, required fencing shall be a minimum six (6)
11 -7- .
IS , .
foot high chain link fence meeting Minnesota Department of 4
Transportation standards for right-of-way fencing. An initial
fencing plan must be approved by the City Council. The City
U Engineer may subsequently authorize changes in the plan to
accommodate changing conditions.
7-44: APPEARANCE AND SCREENING.
11 The following standards are required at the site of
any operation permitted under this article:
A. Machinery shall be kept in good repair. Abandoned machinery,
inoperable equipment and rubbish shall be removed from the
' site.
B. All buildings and equipment that have not been used for a
period of one year shall be removed from the site.
C. All equipment and temporary structures shall be removed and
dismantled not later than ninety (90) days after termination
' of the extraction operation and expiration of the permit.
D. Where practical, stockpiles of overburden and materials shall
be used as part of the screening for the site.
E. Where the City determines it is appropriate to screen off-
site views, the perimeter of the site shall be planted with
coniferous trees, bermed, or otherwise screened. Trees shall
be at least six (6) feet in height at the time of planting.
F. Existing tree and ground cover shall be preserved to the
extent feasible, maintained and supplemented by selective
cutting, transplanting of trees, shrubs, and other ground
' cover along all setback areas.
G. Noxious Weeds shall be eradicated.
7-45: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST; WATER
POLLUTION; TOPSOIL PRESERVATION.
' The following operating standards shall be observed
at the site of any operation permitted under this article:
A. The maximum noise level at the perimeter of the site shall be
within the limits set by the Minnesota Pollution Control
Agency and the Federal Environmental Protection Agency.
B. Earth work shall be performed during only those times
established by the City Council as part of the permit unless
' otherwise provided in the permit. Such activity may only take
place between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Saturday. Such activity is also prohibited on the
following holidays: New Year's Day, Memorial Day, July 4th,
Labor Day, Christmas Eve Day, and Christmas Day.
-8-
II .
' C. Operators shall use all practical means to eliminate
vibration on adjacent property from equipment operation.
D. Operators shall comply with all applicable city, county,
state and federal regulations for the protection of water
quality, including the Minnesota Pollution Control Agency and
Federal Environmental Protection Agency regulations for the
' protection of water quality. No waste products or process
residue shall be deposited in any lake stream or natural
drainage system. All waste water shall pass through a
sediment basin before drainage into a stream.
E. operators shall comply with all City, County, State and
Federal regulations for the protection of wetlands.
1 F. Op e rat ors shall comply with all requirements of the watershed
where the property is located.
11 G. All topsoil shall be retained at the site until complete
restoration of the site has taken place according to the
' restoration plan.
H. Operators shall use all practical means to reduce the amount
' of dust, smoke, and fumes caused by the operations. When
atmospheric or other conditions make it impossible to prevent
dust from migrating off site, operations shall cease.
I. To control dust and minimize tracking sand, gravel, and dirt
onto public streets, internal private roads from a mine to
any public roadway shall be paved with asphalt or concrete
' for a distance of at least three hundred (300) feet to the
intersection with a public roadway. All internal roads shall
be swept and treated to minimize dust according to a schedule
' established by the City. The City may approve alternatives to
paved internal streets that accomplish the same purpose.
' J. All haul routes to and from the mine shall be approved by the
City and shall only use streets that can safely accommodate
the traffic.
' 7-46: RESTORATION STANDARDS.
The following restoration standards shall apply to
the site of any operation permitted under this article:
A. The plan must be consistent with the City's comprehensive
' plan and zoning ordinance.
B. Restoration shall be a continuing operation occurring as
' quickly as possible after the extraction operation has moved
sufficiently into another part of the extraction site.
1 g
•
C. All banks and slopes shall be left in accordance with the
restoration plan submitted with the permit application.
' D. Slopes, graded areas and backfill areas shall be surfaced
with adequate topsoil to secure and hold ground cover. Such
ground cover shall be tended as necessary until it is self-
sustaining.
E. All water areas resulting from excavation shall be eliminated
upon restoration of the site. In unique instances where the
' City Council has reviewed proposals for water bodies at the
time of approval of the overall plan and has determined that
such would be appropriate as an open space or recreational
amenity in subsequent reuse of the site, water bodies may be
permitted.
1 F. No part of the restoration area which is planned for uses
other than open space or agriculture shall be at an elevation
lower than the minimum required for connection to a sanitary
or storm sewer. The City may waive this requirement if the
site could not reasonably be served by gravity sewer
notwithstanding the proposed operation. Finished grades shall
also be consistent with the established plan for the property
' restoration.
G. Provide a landscaping plan illustrating reforestation, ground
1 cover, wetland restoration, and other features.
7-47 : WIIVER.
t The City Council may allow deviation from the
standards set forth herein:
' A. For operations that existed prior to the enactment of this
ordinance when it is not feasible to comply because of pre-
existing conditions.
' B. When because of topographic or other conditions it is not
possible to comply.
C. when alternates that accomplish the purpose and intent of the
standard set forth in this article are agreed upon by the
City and the operator.
SECTION 2. Chapter 20 of the Chanhassen City Code is amended by
amending Article XXVII in its entirety to read:
' 20-1351: MINING.
Mining is only allowed in the zoning district where
such use is delineated as an allowed use. In addition to
complying with the requirements of the zoning ordinance, all such
uses shall comply with the Chanhassen excavation and mining
ordinance, Chapter 7, Article III, of the Chanhassen City Code.
1 -10-
•
SECTION 3. This ordinance shall become effective immediately
upon its passage and publication.
' ADOPTED by the City Council of the City of Chanhassen,
this 14th day of May, 1990.
IATTEST:
i<1.(2
Don Ashworth, ' y Manager Donald J. a , Mayor
' (Published in the Chanhassen Villager on May 24 , 1990) .
11
I
I
i
1
-11-
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. ` ` 'ma` r
iAttorneys at Law
Thomas J Campbell
Roger N. Knutson (612) 456-9539
I
Thomas M. Scott Fax (612)456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
I Gregory D. Lewis
Dennis J. Unger
September 21, 1990
IICONFIDENTIAL
ICHANHASSEN CITY COUNCIL
Donald J. Chmiel, Mayor
Tom Workman, Councilman
IUrsula Dimler, Councilwoman
Jay Johnson, Councilman RECEIVED
Bill Boyt, Councilman
IRE: Wangerin Mining Permit SEP 2 41990
CITY OF CH ( -
h -" EN
��EN
IDear Mayor and Councilmembers:
On August 27, 1990, the City Council approved an interim use
permit/earth work permit for Wangerin, Inc. At the September 10,
II 1990, City Council meeting, Mr. Wangerin indicated his dissatis-
faction with the terms of the permit and he threatened to sue the
City. I was directed to review the terms of the permit and advise
Ithe Council on how we would fare if a lawsuit is commenced.
Mining requires both an interim use permits under the City's
zoning ordinance and an earth work permit under Chapter 7 of the
I City Code. Both ordinance provisions authorize the City to impose
reasonable conditions in conjunction with the issuance of the
permits. I have reviewed the conditions and as far as I can
I determine, they appear reasonable. Although the denial of
conditional use permits are frequently overturned by the courts,
it is much rarer for a court to invalidate a condition of
11 approval.
Very truly yours,
II - . - : , KNUTSON, SCOTT
& FUCHS P.A.
II --• L
- .ger N. Knutson
RNK:srn =
IIcc: Don Ashworth
IIYankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
I ' CITYOF
i
1
CHANHASSEN
.11111! , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
September 25, 1990 CERTIFIED
Mr. Don Halla
' Halla Nursery
10000 Great Plains Boulevard
Chaska, MN 55318
' Dear Mr. Halla:
On August 20, 1990, I sent you a letter listing improvements to be
' performed at the site of the ravine on your nursery property. The
improvements were to be completed no later than September 15, 1990.
The improvements were as follows:
1 1. Erosion control measures shall be maintained until vegetation
is established on all disturbed slopes.
2 . Seeding and wood fiber blankets shall be used on the slopes of
all disturbed areas prior to September 15, 1990.
3 . Installation of a trash guard over the inlet of the overflow
pipe to prevent children from entering the pipe by August 31,
1990.
' On September 21, 1990, Dave Hempel and myself inspected the subject
site and found that none of the improvements were completed. The
1 , 000 cubic yards of fill permitted administratively has been
' placed in the ravine. Any further filling of the ravine is not
permitted. If the improvements are not completed by October 5,
1990, the City will draw down on your $2,000 performance bond to
' make the improvements.
Should you have any questions, please feel free to contact me.
' Sincerely,
' Jo-Ann Olsen
Senior Planner
' cc: Dave Hempel, Engineering Dept.
Paul Krauss, Planning Director
Roger Knutson, City Attorney
' Western Surety Co. - Bond No. L & P 41451304
Planning Commission
City Council
1
' 3481 Shore Drive
Excelsior , Minnesota 55331
September , 23, 1990
I
Chanhassen City Council
690 Coulter Drive
Chanhassen , Minnesota 55317
Gentlemen :
' You are presently reviewing the staff postions of Public Safety
Director , the Assistant Director or both. Whether these positions
should be eliminated , I am not qualified to discuss nor do I wish too .
However , after many years as an active member of the city ' s Public
' Safety Commission , I do have several thoughts that I would like to
express for your consideration.
' I was involved in the original recommendation and justification in
establishing the position of Public Safety Director . It is my
recollection that this position was intended to be administrative ,
general purpose , and most important , supportive of the city ' s
' emergency services , with fire , police , civil defense and fire marshal
all pretty equal in terms of time and importance . This position was
never intended to be "police oriented" nor was the stigma of "police
chief" ever intended . In fact , the hiring of a police officer was not
seen as a necessary prerequisite to apply for this position as the
original need was seen as a liaison between the various public safety
' groups and , the city council and city manager . I recall that this
position was intended to support and encourage all the various
emergency service groups operating in the city. It was hoped that
this position would be supportive of the police contract , constructive
' in nature , and a "friend" to the fire department . In reflecting , I do
not believe that our present staff position , that of Public Safety
Director , has been very successful in this regard , nor has this
position been in the best interests of the city.
I believe that the the names Chanhassen Public Safety and Public
Safety Director have been abused and have become detrimental to a good
working relationship between our chosen method of police service, the
Carver County Sheriff ' s Department as well as other Chanhassen
emergency service agencies . I believe we have allowed a negative
' stigma to become associated with this staff position and I do not
consider it good business to hire and maintain a staff position(s)
that butt heads with, create constant friction with , and spend time
' finding fault with, rather than supporting , a system that you as
members of the City Council and myself as a resident and member of a
city commission, have voted to support . In recent years , I do not
' believe that the postion of Public Safety Director has been very
successful , nor do I believe it has acted in the best interests of the
City of Chanhassen.
' The future of the Public Safety Director(s) position is the decision
of the City Manager , the Mayor and the City Council , but as a
I
I .
' twenty-five year resident of this community , one who has spent many
years working with the city ' s public safety issues , I would request
• your consideration in removing the negative stigma that , in my
' opinion , Chanhassen Public Safety and the position of Public Safety
Director have become . Removing this stigma could be done by , simply
eliminating the name . It is my opinion , that Chanhassen Public Safety
and Chanhassen Public Safety Director as names , have become synonymous
' with distrust , friction and hard feelings. I would recommend that the
position of Public Safety Director be renamed to an administrative
heading such as "community service coordinator" and that the
' responsibilities and needs of this postion be carefully reviewed with
a close eye to the past and a cautious eye to the future. I would
further suggest that an overall attempt be made to eliminate any
' reference to Chanhassen Public Safety and instead , specifically name
the city ' s various agencies such as Community Service Officer , fire
department , the sheriff ' s department and so on. I believe that the
city needs to seperate the issues and the agencies , and support them
' as individuals , not as a general , misleading heading such as
Chanahssen Public Safety .
My concerns center on a seemingly abused heading , that of Public
Safety Director , a heading that , in my opinion , has come to connotate
distrust . I would ask your consideration in changing or eliminating
' both headings and in selecting wording that is less prominent and less
capable of being misused .
In closing , I would like to see this staff position either become
supportive of the council and the contract system or , I would prefer
and support it ' s elimination completely with a look to an alternate
solution for staffing this position . Let ' s support a position that
can find the good news . This position should employ a person who
can deal with facts and issues , rather than personalities and
emotions . Continued problems in this area are big dollar problems .
Sincerly
.4%17) ";14-7--4""
Richard Wing
I
11
C I TY OF
9,2,,9a CHANHASSEN
_ COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
•I (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Don Ashworth , City Manager
FROM: Scott Harr , Acting Public Safety Director
' DATE: September 19. 1990
SUBJ : Parade for Opening of New Hotel
In working with Mr . Bill Bell at the hotel , I have offered our
assistance to them to help with the parade they have scheduled on
Monday . September 24 , at 3: 30 p.m. The parade is planned to come
out of the Dinner Theatre parking lot by the Furniture Store and
travel west on 78th Street in the eastbound lanes to the hotel
entrance . They plan to have a band from Chaska, some classic
' cars , and a hay wagon or cow . This whole event should not last
much more than 10 minutes and I will see to it that traffic
control is arranged .
If there are any problems with this , please let me know.
' cd
cc : Todd Gerhardt , Assistant City Manager
' Gary Warren, City Engineer/Public Works Director
Paul Krauss, Planning Director
Dale Gregory, Fire Chief
Al Wallin, Sheriff
Note to Staff Members :
Bill Bell from Country Suites has invited the entire City staff
to attend the parade and ceremonies following . If you would
' like to attend , please feel free to do so .
Don Ashworth
I
I
i
I DAVE DURENBERGER �
I
MINNESOTA `7 �Ll J`�'
I 11CnifeD fafez ,Senate `�}'�,
.`
WASHINGTON, D.G. 20510
ISeptember 25 , 1990
I The Honorable Donald J. Chmiel
Mayor
City of Chanhassen
690 Coulter Drive
I P.O. Box 147
Chanhassen , Minnesota 55317
IDear Mayor Chmiel :
Thank you for contacting me regarding the 1990/91 Fiscal
I Year authorization of two million dollars for the design of a
new U. S. Highway 212 , from I-494 west to Hennepin County Road 4
in Eden Prairie , Minnesota. I appreciate hearing your thoughts
and concerns on this proposal .
IBecause I feel strongly about the need for an effective
highway system in Southwest Minnesota, I wrote a letter to my
I colleagues on the Senate Appropriations Committee in support of
this funding proposal . Unfortunately, the committee did not
include the proposal in their report . As in years past, the
majority of funding appropriated by the committee went to those
IIstates who are represented by Senators on the committee.
The Highway 212 funding proposal was , however , included in
I the House of Representatives version of the 1990 Appropriations
Bill . Therefore , final approval of the proposal rests with
those senators and representatives comprising the House/Senate
I conference committee for appropriations, which will meet early
this fall .
Again , thank you for sharing your ideas and opinions with
Ime . It is a privilege to serve you in the United States Senate.
incerely,
I 0 1
........_ lo
1 D-ve Durenberger
United States Senator
DD/maj
I
I
I
I
I VED
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. SEP 2 6 1990
' Attorneys at Law
CITY yr.
Thomas J. Campbell
Roger Knutson
(612) 456-9539
Thomas N) Scott Facsimile (612) 456-9542
Gary G. Fuch
James R. Walston
Elliott B. Knetsch
Dennts J. Unger September 25, 1990
Mr. Don Ashworth
' Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: City of Chanhassen/Paul C. Hufnagle Real Estate
Transaction (Carrico Park Property)
' Dear Don:
Please be advised that on September 20, 1990, the above
' referenced transaction was closed. In connection therewith,
enclosed please find all documents relating to the transaction.
The intPr:st rate on the contract for deed is 8.95% which is 1%
over the one year Treasury Bill rate at the Treasury Auction as
' of September 19, 1990, provided in the Purchase Agreement.
Also note that I am enclosing a copy of the half section map
showing the overlap in the northeast corner of the subject
property.
The contract for deed calls for payments to Hufnagle in the
amount of $10,000, plus accrued interest, on January 10, 1991,
January 10, 1992, January 10, 1993, January 10, 1994, and a final
payment of $10,000, plus accrued interest, on September 20, 1995.
' Please instruct the finance department to issue checks to the
Hufnagles at 10424 Morris Circle, Bloomington, Minnesota 55431 on
the foregoing dates.
Also be advised that Carver County Abstract Company has
retained the abstract to the property pursuant to the
' instructions of Mr. Hufnagle.
Once I receive the title insurance policy, I will forward
the same to your office.
1
I
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
I
II
Mr. Don Ashworth
' September 25, 1990
Page '2
1 If you have any questions regarding this transaction, please
do not hesitate to call me.
' Very truly yours,
CAMPBELL, KNUTSON, SCOTT
' & FUCHS P.
BY. A
IJRW:srn Jam=- R. Walston
Enclosures
' cc: Jean Meuwissen (encl/closing statement only)
P.S. - Jean:
' I had miscalculated closing costs omitting the title
insurance premium of $473.50. The foregoing amount was
advanced by our firm and will appear on next month's
bill.
JRW
1
1
1
I
I
Ia American Public Works Association
., "1 P MINNESOTA CHAPTER
I e c 46 /D i - nom- /8
1i
IMINNESOTA CHAPTER APWA
1990 EXECUTIVE COMMITTEE
STEVE GATLIN TO: M.P.W.A. Board of Directors & Institute
' President Committee Chairs
2660 Civic Center Drive
Roseville MN 55113
(612) 490-2200 FROM: Tom Drake, M.P.W.A. Vice President & Chair
Legislative Committee `i--17
ITOM DRAKE
Vice Pres Dent
City Hail DATE: August 24, 1990
Red Wing MN 55066
i (612) 388-6734 or 227-6220 RE: TRANSPORTATION STUDY BOARD PRELIMINARY FINDINGS
GARY WARREN & TRANSPORTATION ALLIANCE POSITION
Secretary
690 Coulter Drive
IChanhassen MN 55347
(612) 937-1900
MIKE EASTLING Enclosed please find a copy of the Preliminary Findings
Treasurer of the Transportation Study Board dated from May 2nd to
' 6700 Portlano Ave So I
Richfield MN 55423 August 15th. Also enclosed is a draft statement of the
Minnesota Transportation Alliance. Both reports
(612) 869.7521
suggest gg getting back to basics for Highway User Fund as
IGREG KNUTSEN well as the creation of separate funds for
Past President transportation services and transit. Both the
7305 Oxtora Street p
St Louis Park MN 55426 Trans portion Services Fund and the Transit Fund are
.
It612) 924-2563 proposed to be MVET supported.
JOHN FLORA Neither the cities or the counties would benefit
Delegate
6431 University Ave NE directly from M.V.E.T. funds under current legislation
Fridley MN 55432 or the preliminary findings s of the Transportation Stud
(612) 571-3450 Board. The exception to this is in Transit Funding.
LARRY ANDERSON The cities and counties would also indirectly benefit
Director from re-establishing the integrity of the Highway Users
4629 Dakota Street E
Prior Lake MN 55372 Fund. However, the previous raids on the highway user
(612) 447.4230 fund were on the 62% dedicated for thunk highways and
not on the 29% C.S.A. or 9% M.S.A. funds. The transfer
IROD PLETAN
Director of the ethanol subsidy from the Highway User Fund to
G20Transportation Bldg the General Fund would benefit the local units of
John Ireland Blvd governments by increasing the revenues to the Highway
St. Paul. MN 55155 y g g
I (612) 297-3590 User Fund.
DICCKeSOoBtECH Non-revenue items of concern for local governments are:
I2500 American Bank Bldg.
St. Paul, MN 55101-1893 1 . A proposed review of the function of the C.S.A.H.
(612) 292 4400 system and to a lesser degree the M.S.A.S. system.
I 2. A proposed change in the allocation system of the
. C.S.A.H. system based primarily on vehicle miles
traveled.
I3 . A proposed change in the allocation system for the
M.S.A. system based primarily on population and
11 vehicle miles traveled rather than needs.
I
' Transportation Study Board
August 24 , 1990
Page Two
' 4 . A proposed minimum threshold for paving gravel roads
on the C.S.A.H. system of 250 vehicles per day.
' 5 . A proposed re-evaluation of both the county and
municipal screening boards relative to their
membership, size and function.
Finally, under the preliminary findings of the Trunk Highway
' system, M.P.w.A. should be concerned about:
1 . The proposed re-examination of the distribution
formula for the Highway User Tax Fund ( 62-29-9 ) .
' 2 . The proposed re-evaluation of the distribution of
State Trunk Highway funds among the eight districts.
This was just b
� a brief review of the Preliminary Findings of
' the Transportation Study Board. Many other areas should be
reviewed and either supported or opposed by M.P.W.A.
Therefore, I encourage each of you to thoroughly examine the
enclosed documents.
km
' enc
i
teIe-ic Cc #
1
CITYOF
1
iki0,04?
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 CHANHASSEN
(612) 937-1900 • FAX (612) 937-5739
1 October 2 , 1990
Chanhassen Park Place Partners
7801 Park Drive
' Chanhassen , MN 55317
Re: Temporary Construction Permits for Trunk Highway 5
1 Parcel No. 202
Project No. 88-28B
Dear Sirs :
As you are probably aware , the Minnesota Department of
Transportation (MnDOT) is on schedule to "let" the next segment
of the Highway 5 expansion from the Hennepin County line west to
County Road 17 in March of 1991 with construction to commence
soon thereafter . Because of limitations , MnDOT has asked and the
City has agreed to assist with the acquisition of temporary
access permits to allow construction to begin as scheduled. The
project is in jeopardy of further delays if the temporary
access permits are not obtained by December 31 , 1990.
The City therefore needs your cooperation in executing the
enclosed waiver of trespass form which will give MnDOT temporary
' access to that portion of your property shown on the attached
map. Signing the waiver will in no way compromise or jeopardize
any compensation to which you might be entitled. You are
granting a right-of-entry for the highway construction and your
1 rights to compensation are protected by State Statute. You may
wish to consult with your legal counsel in this regard.
MnDOT' s formal acquisition process is underway but is quite
lengthy. This undoubtedly will result in further project delays
if we are unable to obtain the right-of-entry from you at this
' time . We are therefore requesting that you sign the enclosed
agreement form and return it to my office at the earliest
possible date.
1 •
I
1
II
October 2 , 1990
' Page 2
We recognize that there may be questions associated with this
action . In this regard, we have scheduled a meeting for
6: 00 p.m. , Wednesday, October 10 , 1990 at City Hall to which all
' affected owners are invited. At that time we hope to address any
questions you may have .
We look forward to your timely response on this matter and
encourage you to attend the meeting on Wednesday if that would be
of benefit to you. If you have questions in the meantime, please
call me at City Hall or Mr. Fred Hoisington at 835-9960 .
' Sincerely ,
CITY OF CHANHASSEN
Gary G. warren , P.E.
'
City Engineer
GGW:ktm
' Enclosure
c : Fred Hoisington
Earl Howe , MnDOT
City Council Administrative Packet (10/8/90 )
1
1
a r,
Chanhassen Park Place Partners
7801 Park Drive
Chanhassen , MN 55317v202vSirs'7
a
Frank Beddor , Jr.
4400 Gulf Shore Boulevard North
Naples , FL 33940204vMr. Beddory
' a
Vcity of Chanhassen
Chanhassen City Hall
690 Coulter Drive
' Chanhassen, MN 553177206vSirs'7
a
I vM. J. Ward Estate
c/o Jerome G. Raidt
#930 , Baker Building
' 706 - 2nd Avenue South
Minneapolis , MN 55402v207vMr . Raidt
a r,
1 VDonald F. McCarville
3349 Warner Lane
Mound, MN 55364x208'7Mr. McCarvillev
1 a
VLawrence N. Zamor
170 Birch Bluff Road
' Excelsior , MN 55331'7208 AVMr. Zamor
a
I vThaddeus E. Korzenowski
5315 - 3rd Avenue South
Minneapolis , MN 55419V208 BVMr. KorzenowskiV
a
VAmoco Oil Company
by The Prentice-Hall Corporation
' System, Inc. , its registered agent
Multifoods Tower
33 South 6th Street
Minneapolis, MN 55400209 BvSirs'7
a
VHousing and Redevelopment
Authority for the City of Chanhassen
Chanhassen City Hall
690 Coulter Drive
Chanhassen, MN 55317V209 CvSirsv
I
II
a
4,
vChanhassen American Legion Post #580
7995 Great Plains Boulevard
Chanhassen, MN 55317v211vSirsv
a
vAVR, Inc.
' 6801 - 150th Street West
Apple Valley, MN 55124v212vSirsv
' a
VCity of Chanhassen
Chanhassen City Hall
690 Coulter Drive
' Chanhassen, MN 55317v215vSirsv
a
VChanhassen Holding Company
' 14201 Excelsior Boulevard
Minnetonka, MN 55343v316vSirsv
a
vSinclair Oil Corporation
by C T Corporation System, Inc . ,
' its registered agent
401 - 2nd Avenue South
Minneapolis , MN 55401x316 BvSirsv
1 a
Vcity of Chanhassen
Chanhassen City Hall
690 Coulter Drive
Chanhassen , MN 55317x316 CvSirsv
1
I
1
1
11
r
I
I
qPICP6Q1 National
League 1301 Penns, D.C.a Avenue NW Officers —
Washington, D.C. President
I of 20004 Bob Bolen
Cities (202)626-3000 Mayor,Fort Worth,Texas
Fax: (202)626-3043 First Vice President
Sidney J Barthelemy
I August 10, 1990 Mayor.New Orleans.Louisiana
REMINDER Second Vice President
Glenda E Hood
Commissioner.Orlando.Florida
I Immediate Past President
To: Mayors of Direct Member Cities Pamela PPlumb
Councilor.Portland.Maine
From: Donald J. Borut, Executive Director(/ Y Executive erector
IISubject: Designation of Voting and Alternate Voting Delegates,
Annual Congress of Cities, December 1-5, 1990
IHouston, Texas
Under the Bylaws of the National League of Cities, each direct
II member city is entitled to cast from one to twenty votes,
depending upon the city's population, through its designated
voting delegate at the Annual Business Meeting of the Congress of
Cities. (See table on reverse side. ) This meeting will begin at
I approximately 10: 30 a.m. , Wednesday, December 5, 1990 in the
George R. Brown Convention Center. (Please consult your
convention program at the Congress of Cities for the exact
Istarting time and meeting room. )
To be eligible to cast the city's vote, each voting delegate and
alternate voting delegate must be designated by the city on the
I attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy.
Thus, an official of the city, properly designated, must be
I present at the Annual Business Meeting to cast the city's vote or
votes.
I To enable us to get your credentials in order and to provide your
voting delegates with National Municipal Policy and Resolutions
materials prior to the Congress of Cities, we ask that you return
the WHITE copy of the completed form to NLC on or before October
I 12 , 1990. A pre-addressed envelope is attached. Upon receipt of
these names, NLC will also send each voting and alternate voting
delegate a set of instructions on registration and rules ,
Igoverning the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to
cast the League vote, please forward the YELLOW copy of the
I
credential form to your state league office and keep the PINK
copy for your records.
IAttachments
I Past Presidents:Tom Bradby,Mayor.Los Angeles.California • Feed L.Hanison,Mayor.Scotland Neck,North Carolina • William H.Hudnut,NI,Mayor.Indianapolis.Indiana • Jessie M.
Rattley,Mayor,Newport News.Virginia • Cathy Reynolds,Councilwoman atrlarge.Denver.Colorado • John P.Rousakb,Mayor,Savannah.Georgia • Directors:Jam Balw,Council Member,
San Mateo.California • Joan Baker,Pro Tempore.Lubbock,Texas • Carolyn Long pools,Goundlmember,Atlanta.Georgia • Kenneth G.Soothe,Executive Director,Colorado Municipal
League • Margaret W.Carpenter,Mayor,Thornton.Colorado • Stephen T.Cassano Deputy Mayor.Manchester,Connecticut • Joel Cogan,Executive Director and General Counsel.Connecticut
Conference of Murxopalitres • Beulah Coughsnour,Councilor.Indianapolis,Indiana • Joseph S.Daddona,Mayor.Allentown.Pennsylvania •Carol P.Day,Councilor.Gorham,Marne • Palmer
A.DePaulis,Mayor.Salt Lake City,titan • June M.Ostend,Councilwoman,New York,New York • Heather Flynn,Assembly Member.Anchorage.Alaska • John A.Gamer,Jr.,Executive
I Director.Pennsylvania League of Cities • George D.Goodman,Executive Director,Michigan Municipal League • Fred Own,Courxdl Member,San Marcos.bias • Jae*Heiner,Council Member.
Spokane,Washington • Jos B.Jae-loon,Mayor,Murfreesboro.Tennessee • Sharps James,Mayor.Newark.New Jersey • Batty Ann Kane,Council Member,Washington,DC • Patricia A.
KlIloesn,Mayor.Crestwood,Missouri • Peter King,Executive Director.League of Iowa Municipalities • Mike D.Leg,City Commissioner,Portland,Oregon • Gary S.Matbnaon,Executive
Director.Missoun Municipal League • Rout L.Martinez,Mayor,Hialeah.Florida • William A.Meyer,Executive Director.Oklahorna Municipal League • Moll OIMS,Mayor,Hamilton.Ohio • David
0.Orr,Alderman.Chicago linos • DMd E.Reynolds,Executive Director.North Caroline League of Municipalities • Scott A.Srerdend,Councilor,Bosque Farms New Mexico • Burton Staliwood,
Town Administrator,Lincoln.Rhode Island • Rao lelaaugl,Mayor,Oxnard,California • Richard C.lbemwnd,Executive Director.League of Oregon Cities • Nary C.Upchurch,Mayor.Raleigh,
I North Carolina • Thomas J.Melgy,Mayor.Tucson,Arizona
Recycled Paper
II
National League of Cities
Annual Congress of Cities
Number of Votes - Direct Member Cities
Article IV , Section 2 of NLC' s Bylaws specifies as follows the
' number of votes which each member city of the National League of
Cities is entitled to cast at the Annual Congress of Cities:
City Population Number of Votes
Under 50 ,000 1 vote
50 ,000-99 ,999 2 votes
100 ,000-199 , 999 4 votes
200 ,000-299 ,999 6 votes
' 300 ,000-399 , 999 8 votes
400,000-499 , 999 10 votes
' 500 ,000-599 , 999 12 votes
' 600 ,000-699 , 999 14 votes
700 ,000-799 , 999 16 votes
' 800 ,000-899 ,999 18 votes
900 ,000 and above 20 votes
Member i
Note: ember ci' ti es are required by the Bylaws to cast unanimous
votes.
' 1990 CONGRESS OF CITIES -- HOUSTON, TEXAS
To: Chairman, Credentials Committee
' National League of Cities FOR OFFICE USE ONLY
1301 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
No. of Votes
The official voting delegate and alternates of the City of
' are as follows:
FOR OFFICE USE ONLY FOR OFFICE USE ONLY
Adv. Cre. VOTING CARD ISSUED TO
On-Site Cre.
Signature
Record ID #
' VOTING DELEGATE
1.
NAME TITLE
' STREET ADDRESS (PLEASE DO NOT USE P.O. BOX NUMBERS)
CITY STATE ZIP CODE
1
FOR OFFICE USE ONLY FOR OFFICE USE ONLY
' Adv.. Cre. Adv. Cre.
On-Site Cre. On-Site Cre.
Record ID # Record ID #
ALTERNATE VOTING DELEGATES
' 2. 3.
NAME NAME
' TITLE TITLE
STREET ADDRESS (DO NOT USE P.O. BOX NO.) STREET ADDRESS (DO NOT USE P.O. BOX NO.)
CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE
SIGNED:
' TITLE:
DATE:
' NOTE: Each direct member city is entitled to one voting delegate and two alternate
voting delegates. The number of votes which can be cast is based on the
city's population as determined in the 1980 Census.
' * * * * * * * * * * * * * * * *
1. PLEASE DO NOT FILL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY
2. Please type or print your city name in the space provided
3. Please type or print the name, title, city, state and zip code of your voting
delegate and alternate(s).
4. Please sign the WHITE form and return to Chairman, Credentials Committee; send the YELLOW
11 copy to your State League Director; and keep PINK copy for your records.
n
(A fel
CI D
w W n a
W 0 T. U)
m w cn
I
N s m Z
D 2
M
3 •
D
0 •
p 0 C
UI Z
Q. 0 UI
• 0 0 -1
0
D
n D 0 0
I 0
Z C 3 r n
C3
I
O 7C N D O
m -4
N i n C
a -a Cl) 3 Z
33 m
I m z cn
x
m v
Z
O a
I C <
m D
N 0
I -
2• I v r
m 03 3 C m
O 0 1
✓ -I -1 0
a v
I D D O m
O• r r N O
o c m m m
Z x x
' m m RI r M m a
Cl) m
3 m
m
m
I z
CI
I
I
I
I
I
1
I
CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 10-08-90 PAGE 2
CHECK # A M O U N T C L A I M A N T P U R P O S E
041688 6,760.57 BARTON ASCHMAN ASSOC. FEES, SERVICE
041689 85.00 CARVER COUNTY RECORDER OTHER ACQUISITION COSTS
AND-FEES, SERVICE
041690 249,398.72 CITY OF CHANHASSEN SPL ASSESSMENT PAYMENTS
041691 269.45 HOLMES & GRAVEN FEES, SERVICE
041692 89.00 PHASOR ELECTRIC REP. + MAINT. ,BLDG + GND
041693 568.40 SIGN SERVICE, INC. REP. + MAINT. ,BLDG + GND
041694 136.50 SW PLUMBING & HEATING REP. + MAINT. ,BLDG + GND
041695 170.00 TONKA PRINTING PROMOTIONAL EXPENSE
8 257,477.64 CHECKS WRITTEN
TOTAL OF 10 CHECKS TOTAL 258,434.14
- Or r r r r r r r r r r r r r r r r r
«/ la R - g4),
CITY OF F e._(?.. -4 v = ,- ' 14'...
1 CHANHASSEN
1 li .
0:If— 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
ITO: Mayor, City Council and Planning Commission
I FROM: -2)
Paul Krauss, Planning Director
DATE: October 3, 1990
I SUBJ: Proposed Guide Plan Amendment from the City of Eden
Prairie
I The City of Eden Prairie has submitted a copy of a proposed guide
plan amendment for a 39.2 acre site located in the northeast corner
of the intersection of Hwy. 5 and Dell Road. This site is
I currently being cultivated and is guided for industrial use and
public open space. The request is to develop a church on the bulk
of the property. The proposal calls for the Eden Prairie Assembly
of God to occupy approximately 32 .7 acres. The church is planning
II to construct a 150, 000 square foot building. The balance of the
site would be changed to neighborhood commercial and office uses
with the current plans calling for 26,400 square feet of office and
I 6, 500 square feet of neighborhood commercial. Under the
Metropolitan Land Planning Act, neighboring communities, including
Chanhassen, are entitled to submit comments on the request to the
IMetro Council and to the City of Eden Prairie.
Staff has reviewed the request and agrees with the finding that
there is expected to be little or no impact on the City of
I Chanhassen. The City Council may recall that staff commented on a
guide plan amendment located at the south side of this intersection
for what is called the Jamestown Development, last fall. Our
I comments concerned the size of a neighborhood commercial area which
was approximately 20, 000 square feet. It was our concern that
locating commercial uses on the Jamestown site could have a
II detrimental impact on the nearby Chanhassen Central Business
District. Our concern remains to this day, however, in the case of
Jamestown, this was somewhat mitigated by the fact that most of
this neighborhood commercial center would either be office or day
I care center with a relatively small amount of square footage
dedicated to retail uses. In this instance, plans call for 6,500
square feet of neighborhood commercial which is a relatively
II insignificant amount to be located on the north side of Hwy. 5. As
long as the total square footage of the neighborhood commercial
remains low, staff finds no reason to, object to this proposal. We
I
II
II
' Proposed Guide Plan Amendment
for Eden Prairie
October 3, 1990
' Page 2
would, however, like to forward our concerns to the City of Eden
Prairie that we be assured that the amount of retail square footage
on the site not be increased above this level. The remaining
square footage would be a 26,000 square foot office building.
' Access issues are really the only other significant matter of
concern for the City. However, since Hwy. 5 is in the process of
being upgraded by MnDOT .and Dell Road is in the process of being
' upgraded as a joint Eden Prairie and City of Chanhassen project,
staff feels that access and traffic can be accommodated. We
further note that there is probably a traffic benefit in having
most of this site go for church uses rather than industrial uses
' since church traffic typically has peaks that do not coincide with
normal work day traffic.
' Staff is asking that you review the attached minor comprehensive
guide plan amendment submittal and present staff with any
additional comments you wish us to bring forward.
1
I
1
INFORMATION SUBMISSION FOR RECEIVED
MINOR COMPREHENSIVE PLAN AMENDMENTS
SEP241990 '
I This summary worksheet must be filled out and submitted to the Metropolitan C iFil lyriLh1a ��tHSSER!
copy of each proposed minor comprehensive plan amendment. Minor amendments include, u '
are not limited to:
I1. Changes to the future land use plan where the affected area is small or where the
proposed future land use will result in minor changes in metropolitan service demand.
2. Changes (land trades or additions) in the urban service area involving less than 40 acres.
I 3. Minor changes to plan goals and policies that do not change the overall thrust of the
comprehensive plan.
I Please be as specific as possible; attach additional explanatory materials if necessary. If a staff
report was prepared for the Planning Commission or City Council, please attach it as well.
Communities submitting regular plan amendments may wish to enter this form or a reasonable
facsimile into their word processing menu for ease in preparation of the form.
I Send plan amendments to: John Rutford, Referrals Coordinator
Metropolitan Council, Mears Park Centre
230 E. Fifth St. , St. Paul, MN 55101-1634
I
I. GENERAL INFORMATION •
IA Sponsoring governmental unit Cit of Eden Prairie
Zrie
Name of local contact person Chris Enger
I Address 7600 Executive Drive Eden Prairie, MN 55344
Telephone 937-2262
I Name of Preparer (if different from contact person)
D liram
Date of Preparation onald September 19 , 19 9 0
IB. Name of Amendment Eden Prairie Assembly of God
Description/Summary See Attachment A
I
C. Please attach the following:
Ii.
2. Five copies of the proposed amendment. .
A city-wide map showing the location of the proposed change.
3. The current plan map(s), indicating area(s) affected by amendment.
I4. The proposed plan map(s), indicating area(s) affected by amendment.
I i
1 D. What is the official local status of the proposed amendment? (Check one or
more as appropriate.)
' X Acted upon by planning commission (if applicable) on
August 27 , 1990
X Approved by governing body, contingent upon Metropolitan Council review,
September 18 , 1990
Considered, but not approved by governing body on
•
' Other
E. Indicate what adjacent local governmental units and other jurisdictions (school
districts, watershed districts, etc.) affected by the change have been sent copies of
' the plan amendment, if any, and the date(s) copies were sent to them.
City of Chanhassen U.S. Army Corps of Engineers
MNDOT Hennepin Cty. Dept. of Transportation
' Department of Natural Resources
Riley-Purgatory Creek Watershed District
' II. LAND USE
A. Describe the following, as appropriate:
1. Size of affected area in acres 39.21 acres
2. Existing land use(s) Vacant
' 3.
4. Proposed land use(s) Church, Neighborhood Conntercial and Office
Number and type of residential dwelling units involved
N/A
' 5.
6. Proposed density N/A
Proposed square footage of commercial, industrial or public buildings
Church - 150,000 sq. ft. , Office - 26,400 sq.ft.
' Neighborhood t on4nercial - 6,500 sq.ft.
III. METROPOLITAN DEVELOPMENT GUIDE
' A. Population, Household and Employment Forecasts
Will the proposed amendment affect the city's population, household or
employment forecasts for 2000, or any additional local staging contained in the
original plan?
' X No/Not Applicable
Yes. Describe effect.
I ii
' B. Changes to Urban Service Area Boundary
Will the proposed amendment require a change to the boundary of the
community's urban service area?
' X No/Not applicable.
Yes. Under I. C., a map should be attached to show the proposed change.
' C. Changes to Timing and Staging of Urban Service Area
Will the proposed amendment require a change to the timing and staging of
development within the urban service area?
' X No/Not Applicable.
Yes. Under I. C., a map should be attached to show the proposed change.
' D. Wastewater Treatment
' 1. Will the proposed amendment result in a change in the projected sewer
flows for the community?
X No/Not Applicable.
Yes. Indicate the expected change.
' Total Year 2000/2010 flow for community
based on existing plan 7.6 million gallons/day
Total 20002010 flow for community
based on plan amendment million gallons/day
2. If your community discharges to more than one metropolitan interceptor,
indicate which interceptor will be affected by the amendment.
N/A
' 3. Will flows be diverted from one interceptor service area to another?
X No/Not applicable.
Yes. Indicate the change and volumes (mgd.) involved.
' E. Transportation
1. Will the proposed amendment result in an increase in trip generation for
' the affected area?
X No/Not applicable.
' Yes. Describe effect.
iii
2. Does the proposed amendment contain any changes to the functional
classification of roadways?
X No.
Yes. Describe which roadways
' F. Aviation
Will the proposed amendment affect the function of a metropolitan airport or
the compatibility of land uses with aircraft noise?
X No/Not applicable.
Yes. Describe effect.
G. Recreation Open Space
Will the proposed amendment have an impact on existing or future federal, state
' or regional recreational facilities?
X No/Not Applicable.
Yes. Describe effect.
' H. Housing
Will the proposed amendment affect the community's ability or intent to achieve
' the long-term goals for low- and moderate-income and modest-cost housing
opportunities contained in the existing plan?
' X No/Not Applicable.
Yes. Describe effect.
I. Water Resources
' 1. Does the plan amendment affect a Minnesota Department of Natural
Resources or U.S. Army Corps of Engineers protected wetland? If yes,
describe type of wetland affected and show location on a map.
Yes.
X No.
2. Will the wetland be protected?
Yes. Describe how.
' X No. Describe why not.
' iv
r
I . ,
3. Will the plan amendment result in runoff which affects the uali of
q tY any
surface water body? If yes, identify which ones.
Yes.
X No.
4. Will the water body be protected?
Yes. Describe how.
X No. Explain why not.
IV. IMPLEMENTATION PROGRAM
A. Official Controls
Will the proposed amendment require a change to zoning, subdivision, on-site
sewer ordinances or other official controls?
No/Not Applicable.
X Yes. Describe effect.
In Addition to the request for a Comprehensive Guide Plan Change
from Industrial and Public Open Space to Church on 32 . 7 acres ,
from Industrial to Neighborhood Commercial on 3 . 03 acres , and
from Industrial to Office on 2 . 5 acres , the proponent is requesting
a Planned Unit Development Concept Review on 39 . 21 acres, a
Planned Unit Development District Review on 32. 7 acres with
waivers, a Zoning District Change from I-General , R1-22 , and Rural
to Public on 32. 7 acres , and a Preliminary Plat of 39 .21 acres into
4 lots and road right-of-way.
i
1
r
I
Attachment A
1 ..
COMPREHENSIVE GUIDE PLAN CHANGE
WRITTEN SUPPORTIVE INFORMATION
' Introduction
' The Eden Prairie Assembly of God Church is requesting a guide
plan change for a 42 acre parcel of land in the northeast
quadrant of the intersection of State Highway 5 and Dell Road .
' The west half of the site nearest the intersection is currently
guided Industrial . The east half of the site is guided Open
Space .
The church is requesting that the west edge of the property along
Dell Road be reguided Neighborhood Commercial and the balance of
the site reguided church.
I
1 . What impact does the Guide Plan Change have on the community?
' Neighborhood Commercial
Approximately 5 . 5 acres of the site that was guided Industrial
would be reguided Neighborhood Commercial . Generally speaking ,
Neighborhood Commercial designation is in the City ' s Guide Plan
where three conditions exist . These locational criteria are
' that : 1 ) they serve a 1 to 1-1/2 mile radius ; 2 ) that a residen-
tial component should also be present to justify the use; and 3 )
it be located on a collector or arterial street or intersection
of a collector and an arterial street . The proposed Neighborhood
Commercial designator is consistent with this criteria .
There is low density housing currently being developed directly
' to both the north and south of the site that will be accessible
from Dell Road .
' This area would fall about halfway between the closest presently
developed commercial areas which are downtown Chanhassen and the
intersection of State Highway 5 and Highway 4 to the east . Some
commercial is being developed as part of the Jamestown develope-
ment on south side of State Highway 5 .
With the planned extension of Dell Road to the north across the
' railroad tracks this would open up an even larger area of resi-
dential which would have easy access to the proposed Neighborhood
Commercial .
1
' Page 2
I
I
Open Space
The balance of the site which is 36 . 5 acres would be guided
"Church . " If we assume that half of the site is presently guided
" Industrial " and the other half "Open Space" , then this would
mean that the eastern half of the site would change from "Open
Space" to "Church" and the balance of the west half of the site ,
15 .5 acres , would be changed from "Industrial" to "Church. "
These two guide plan changes would result in the following
' acreage changes for the following designations in the Eden
Prairie City Guide Plan :
Industrial - reduced 18 acres
Neighborhood Commercial - increased 5. 5 acres
' Open Space - reduced 24 . 5 acres
Church - increased 36 . 5 acres
' This does not seem to be a significant impact on any of the above
categories .
2 . What impact would the Guide Plan Change have on surrounding
land uses?
Surrounding land uses are guided Industrial in the City of
Chanhassen to the west , Low Density Residential to the north
' ( northwest ) , Open Space to the northeast and east , and Low
Density Residential to the south across State Highway 5 .
The low density housing developement to the north is partially
' screened by a stand of trees along the north property line . The
church building and terraced parking lots will be visible across
the wetlands to the housing developement to the north and to the
' housing developement across the wetlands to the east . The
housing developement to the south across State Highway 5 will for
the most part be screened by berms and embankments formed by the
' reconstruction of the State Highway 5 . Because of the distances
involved in all directions , to the north , east , and south, the
visual , noise , and physical impact of this guide plan change and
subsequent developement on the surrounding property will be
' minimal .
The developement of this site will be most visible and in closest
' proximity to the industrial developement to the west in
Chanhassen across Dell road however the visual , noise , and physi-
cal impact will be compatible with the nature of that develope-
ment .
Page 3
I
I.
The only environmental impact that the site developement will
have on the adjacent land uses is the surface water run off from
paved parking lots and the building roofs . This would need to be
dealt with regardless of how the property was developed . All
surface water runoff will be collected and either run into storm
sewer along Dell Road or private storm sewer which will run
through sedimentation ponds and into the wetlands .
3 . What impact does oes the Guide Plan Change have on the site?
' Designation of of the Neighborhood Commercial portion this site
will have little effect on the physical features of the land
since this portion of the site adjacent to Dell Road is flat .
' Some regrading is proposed in the northwest corner of the site
however all existing trees in that area will remain .
U Changing the major portion of the site to "Church" will result in
substantial regrading of the southeast quadrant of the site to
provide level terraced areas for parking . This however would
probably not exceed grading requirements for fully developing the
' site under another guide plan designation .
Trees in the southeast corner of the site will be left
' undisturbed . Trees in the south central part of the site would
be removed to properly grade the site for parking . (See Item #17
of the PUD written supportive information for further discussion
of the trees . )
The wetlands portion of the site will not be disturbed by this
developement .
4 . What impact does the Guide Plan Change have on water , sewer ,
storm water run off , and roads?
The Guide Plan Change will not result in a change in sanitary
sewer or water services over existing plan designation . It might
' be argued that the granting of a special use permit to build a
church in the Open Space plan designation area might increase
surface area to be paved , thus slightly increasing the storm
' water ponding provision .
The Guide Plan Change to Neighborhood Commercial will affect
traffic on Dell Road . Additional turning movements will occur at
the access permits to the Neighborhood Commercial as will a
slightly increased traffic volume . The essential concept of
Neighborhood Commercial is that it captures local drive by traf-
fic . In this regard it will not generate new traffic , however ,
it is likely some users will make trips solely to the commercial
Page 4
I
1.
area . Construction of the church will result in decreased traf-
fic during the week , especially during peak periods , and will
result in increased traffic on Sunday at off peak times . (See
item #12 of the PUD written supportive information for more
information on traffic . )
We believe that the site is ideally located on streets which can
serve both of the proposed land uses . Dell Road when completed
will be a collector road with a full intersection planned at
State Highway 5 . The design and layout of this intersection
should control speeds on Dell Road and access points to the com-
mercial and church are located such that in and out movements
should be workable . The first access point is 420 feet north of
the intersection of Highway 5 and the second access point is 330
' north of the first , thus allowing for adequate spacing of the
access points .
' 5 . Is the request for Guide Plan Change a better use of the
land? We believe that guiding this site as Neighborhood
' Commercial along Dell Road and Church for the balance of the
site is a better use of the site for the following reasons :
A. With the completion of Dell Road as a collector street
and its extension across the railroad tracks to the
north the developement of Neighborhood Commercial at
the signalized intersection with State Highway 5 will
' be an ideal central location for housing that is being
developed both north and south of the site .
B . The church building and its uses will be a much more
compatible neighbor to the wetlands to the east and
residential neighborhood to the north than would a large
industrial developement on the site .
' C. The concentration of the commercial buildings along Dell
Road and the locating of the church building as it is
' shown on the site will allow the general overall
character of the site to be maintained and the wetlands
to remain visible from many different lines of sight
from surrounding property.
D. The use of the site as proposed will reduce the traffic
load in and around the site particularly during peak
' traffic periods .
E. The site developement of Neighborhood Commercial and
Church on this will not require the provision of any
unusual municipal services (sewer , water , transportation ,
fire or police protection , schools , parks , etc. ) .
' Page 5
•
-
IR11&SR1.135.F.1 6.5`� 5� L RlA 6S'
--"7
' R1-9.5' \` 81-95
R1-13.5 R1-.35' R1 22
FP' y i F.
I R, es R1-13.5* - ' ) / ? - p
\ R1 13.
8795 - ':
i. ---- 81-22
- x'1135' 81./3.5 RM-6.5! ,, `:� � R/•+3s
I R�9.5' p)i Ri 22 Rt 13.5 Ri-22 .
R1-9.5
R7 13.5 �'v
I R1-13.5 - R1,13.5/i PUB I- ^'
J
_CT- -. R1 73.5 R1-9.5
T '4
1 ` 431-13.5 FP (�n
i„. R1-22 9. . id_! .` . R1-13.5
R1-i3.5 F P
1 1 R,-22 - R1-13.5 R1 13.5' -- _ > J ■ - /
....,- . . 4U II
. ... .
Rt-22
i E ' a R■-65 ---
r 1-PUB ____\___.
' R1-13.5 R113.5. -
_.-;,,...gaol -
_ __ _, ..
_______.______ _
:." __. ,
1 ..
O '
visalinF P \
. , 6
,• .....,,
_./..,-,_
_ _
.•
- : .____. ..6.5j . fPP PUB 2 IT1- eRt 13. i r
ill ;- COM
t C1iWY
1-2
' - - -• ' - FP 1-5
1-2
I + &5fl8122
— C COM PUB IA
I -
-1-135 P1-95 R1-22 a
Z
F P -
IR1-13.5 \51...
-- 3
Bi , _ E47.
,--,.... (__ ____ J I ) ,
\� F P � �/ R1-13.5'
1 R1-22
-1)- i
i
I _ t ,-' �' 1� PUB
b R1-13.5'
PUB=
1 R1-22
r\
LOCATION MAP
r r R1-22
, ....-k 1.
,�__ =
- ,Y —r-7----
,
■
t-—---t r.....
,,, ........„.. ,
. : ::., , ....‘
„..;_ , ,.... :fp-.. .- .„,
ii --Ai s
_ .
.k,i,
- .if i "..•• rinictircui•-it. -Jill ...," ...f l'il,d,c4":e'-- -..c.,,
Iry -1 'r i�
I.
A ir.--+ai ! a /i"� r' �a� y> t '°a,r�yr _ :i f . i•w:',I%
�: ,1 —f '...7. - -sic, .
..., .• :•--
,,. "'„.• a *?11' . .- . .
Ii ::: \� / ' ' rear,r •o••e test ! . u
ice. /;/� • — _ --
".
f .a"....:,i lkii!;.- --. . . . _
kt 1 • - • . . ,•-• %4.44 --...404S• . • .i. .4.
~ r O pM I . i {- /.
/
"
..lfliln . . 11., ,
' f. i!= \ i., i• a p 0 .a=s; t '^ _ R _ i
z Y / " � j,
,-,........I -` .'. /,
f ....� __�4 �: r ( t�/ --..,,__:.9 ter ) ��
o*zeerr./
,:, - - - / ' srK
•_ ,, y f,
t /�•
/ ' - - ir•4.-.Acil _
■ e '
a- 2. i.al .,
V.
_ ;, EXISTING
11s �f# `f . / ` _
1 1
( i ,{ , i - — T ;.'S
,'S
,* •-« 1111_ - 1uc: i`2__`_:•,J
aa .; k ^ + —__ - • ..vim'
i • of , ` v
.,..
•Fi ; i i`' J a -,� `1•
�i�t• a ell S"A" I�, rc ; ,r.:. _ ,._ ,...\
_ CI=
/
\ «• r y :tort r ra y.r .:::.$=:*
:t�F yr A__ � 1 1
� "" u S.. � � I � E. -■
-
_r-' _ R
.� '' S=`
• `
` - 71•1 1_4 '
I r.... - .> .' L!• ` \`r+ j ,
- -- - \ \ I / I ' �•r •tIII t art ? . ' I •. 'l_
' ' '
�' - _ -
• Jt � • -",r�--�• r ---"•-i 7...-/- : C .! Vo_ii.,,t;C: . 1 _ ..
'4. ,,, ... IS %[.' 0 41;ow . .- .• , „ _
— 41.• , . ..,, .Z-
•. RM -4a :-
E .I uirfeiii'i: •- d•�` .:at wry,,,„ . ..... :• •t, -• -- —_._mot uc.---a-__— , t /i y` ��� rr ;-r ' : A , /I �
•oi,}�7I,i' _ i./ :1j.�:�'; /�i ,=is
, . . . -. . . IV 0 db. ..---7.
•
PROPOSED -
TTY JF .° :� IL ��.
tely CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
1
ME-::RAN UM
T,= Don Ashworth, City Manager
FPD:`: : Thomas L . Chaffee, Data Processing Coordinator
IC• -._ : j: _%C Fa _ Conference
'
Th- a :'unfe_enct of Government Finance Officers
Ass ciatior: of Minnesota was held September 19-21 at the
Arr - ww( Ld in Alexandria . Over 200 finance professionals,
a _ _ _ rde _ and shared problem and concerns of local
' gov. rnme:.:_ of air different sizes from around the entire
state . 'ant_ program was very well structured and offered a
yuf. variety of seminar and work shops . I tried to attend
tip.- sessions of most concern to myself and the City and
g ,:.'- _r=•1 some valuable data as well as insight into some of
_ _ current concerns arnd tasks .
HLre i:: a brief over- view of the sessions and information
cathcrtc. . I have more detailed information available to
sh- :
I11 you have any specific interests or concerns .
I . CASH/INVESTMENT MANAGEMENT
11 Dick Stafford, Auditor-Treasurer of Washington County
presented a very detailed description of the process of cash
management at his county. Afterward, Mr . Stafford invited me
to visit his office and tour his M. I . S . facility.
Additionally, he offered to direct his staff to share
whatever computer software/documentation is available for
cash/investment forecasting and management . I hope to accept
his invitation within the next month .
II . CAPITAL IMPROVEMENT PLAN
Dave Frischmon, Finance Director, City of Wayzata, combined
with John Devine, Controller , Washington County, to present a
very good and detailed discussion of C. I .P . , including
budgeting . John Devine works for Dick Stafford and extended
the earlier invitation to include visiting his office .
II
I
Page 2 .
III . CAFR ON MICRO SOFTWARE
Fred Lantz, G.F . O.A . , Chicago, gave an excellent presentation
on the new application software recently developed by
G. F . O. A . We had some hands-on access to the demo package and
' I believe the City could benefit by pursuing the possibility
of acquiring this . I intend to order a demo package so we
can study the options and capabilities more closely.
Tv . A.7 E UPDATE
Agri
Lantz from the Chicago office of GFOA presented
a good discussion on Government Financial Reporting . The
GASE ( Governmental Accounting Standards Board ) continues to
c},a: gc and refine reporting requirements and methods . I will
,cor_tin € tc keep informed of revisions to reporting
re ,•_nt, and implement any necessary changes as soon as
F'c =: 1 :11 _ Jr practical so as to insure good standing with
our Auditor as well as Bond Rating Agencies .
V . LIFE AFTER T . I .F.
Although run concurrently with the GASB update session, I
obtained various documents and information from Mary Ippel of
Briggs & Morgan who conducted the session . I had
opportunity to talk with her and Tony Stemberger (Bond
' Attorney with Briggs & Morgan) about some of the
implications of the 1989 TIF Reform as well as some of the
pending legislation for Arbitrage Relief .
VI . LEGISLATIVE UPDATE
Lori Hacking and Sarah Hackett of the League of Minnesota
Cities did their normal excellent job of presenting what has
constantly turned out to be bad news . As has been the case
in recent years, it continues to be the local government
' units that take the hit in the taxes and aids (governmental )
arena . The consensus of opinion seems to be ultimate
elimination of LGA and severe cut-backs in HACA ( formally
Homestead & Agriculture Credit ) . It will continue to be in
the City' s best interest to stay as close as possible to the
league and keep informed of current as well as pending
leyis] ative actions .
,
1 '
I
I
1 Page 3 .
EXTRA
I spent some time with Gary Norstrem of St . Paul (current
National G.F . O . A . President ) discussing various issues of
financial concern to cities with the primary topic ultimately
becoming arbitrage and what we can do about it . Gary spoke
at dinner Thursday evening and included a call to the
membership to become more pro-active rather than re-active on
these issues . We were urged to contact our Federal
Legislators and seek their help in supporting the report of
the Anthony Commission . He received a very hearty response
from the attendees and consensus appeared to be active and
positive .
I
In Summary, the conference proved to be helpful to me
per onaily and should reap benefits for the City by virtue of
my increased awareness of Local Government Finance issues,
problems and possible solutions .
1
Tom :
This is an excellent report which I will share with the City
Council . During periods of budget shortfalls , travel and training
is typically reduced/cut . Your report proves that this policy
should be reconsidered .
DWA (10-3-90)
I
1
11
11
IICITY OF CHANHASSEN
FUTURE CITY-COUNCIL AGENDA ITEMS
ENGINEERING
October 8, 1990
' - Auxilliary Turn Lanes on TH 101 at Choctaw Circle and Sandy Hook Road:
1. Approve Cooperative Agreement with MnDOT
2. Award of Bids
- Reinitiate West 78th Street Detachment Project No. 87-2
1. Public Hearing
2. Approve Plans and Specifications, Authorize Advertising for Bids
- Accept Pavement Inventory Proposal from OSM
- Approve Contract Amendment No. 2 for North Side Parking Lot Improvement
Project No. 87-17
- Approve Contract Amendment No. 2 for Country Suites Improvement Project No.
I 89-25
- Approve Contract Amendment No. 3(?) for Downtown Redevelopment, Phase II
Improvement Project No. 86-11B
-
Accept Utilities in Lake Susan Hills West 2nd and 3rd Additions
- Approve Construction Plans from Carver County for County Road 17 Fill
Between TH 5 and Lyman Boulevard
October 22, 1990
- Approve Contract Amendment No. 3 for TH 101/Lake Drive Improvement Project
No. 88-22A
- Approve Contract Amendment No. 1 for 1990 Sanitary Sewer Rehabilitation
Improvement Project No. 90-2
- Approve Plans and Specifications for Trunk Highway 5 Expansion from 2000
Feet West of County Road 17 to Eastern Carver County Line, SP-1002-51;
Authorize Cooperative Agreement, Project No. 88-28B
November 5, 1990
i November 19, 1990
December 10, 1990
' - Award of Bids, West 78th Street Detachment Improvement Project No. 87-2
I
CITY OF CHANHASSEN
' FUTURE CITY COUNCIL
ENGINEERING
Page 2
Future Agenda Items
qe terns
- Approve Plans and Specifications for North Leg TH 101 Improvement Project
No. 88-22B; Authorize Advertising for Bids (1/91)
- Approve Plans and Specifications for Trunk Highway 5 Urban Design at
Crossroads, Project No. 88-28C
' - Accept Roadway and Drainage Improvements in Eight Acre Woods Project No. 87-29
Accept Roadway Improvements in Timberwood Estates Project No. 87-27
- Accept Roadway and Utility Improvements in Chanhassen Hills 3rd Addition,
Project No. 89-5
- Preliminary and Final Plat Approval for Easy Rider Addition
- Consider Feasibility Study for Extension of Dell Road from Lake Drive East
' South to Eden Prairie City Limits, Project No. 90-7
-
Approve Preliminary Plans for TH 5 from TH 41 to CSAH 17; Layout No. 1B,
S.P. 1002-88035 (5=121) (5/90)
' - Approve Plans and Specifications for Well No. 6, Authorize Advertising for
Bids; Improvement Project No. 89-4B
- Award of Bids, Well No. 6
CONSULTANTS PLEASE NOTE: Reports are due in Engineering no later than 10 days
prior to the City Council meeting date, i.e. Friday.
' Copies to:
City Hall Department Heads
Karen Engelhardt, Office Manager
Kim Meuwissen, Eng. Secretary
City Council Administrative Packet
Gary Ehret, BRW
Bill Engelhardt, Engelhardt & Associates
I
I
I
IQ-Jv.K C't7t/^� r /J/�.
ALLEN J WALLIN I; 9/2./',' / CARVER COUNTY
Carver County Sheriff \ COURTHOUSE
600 EAST 4TH
CHASKA STREET BOX 9
(612) 448-3435NESOTA 553182190
4 �
!k'N E C
S �
11
COUNTY OrCAQVr.Q
ii
' September p er 17 , 1990
IIScott Harr
Assistant Public Safety Director
690 Coulter
1 Chanhassen, MN 55317
Dear Scott,
IPlease accept my personal thanks for your assista week in
the accident involving the school bus. As you knowCethespotential
here for a major catastrophe was avoided in part by fate and by the
II attentive manner in the school bus driver.
of children were very frightened, needed None to the less, a number
triaged,
accident scene needed to be controlled and other victims needed
immediate medical attention.
Anyone being personally involved in this incident had the
II opportunity to see a variety of personnel and agencies work
extremely well in a coordinated manner to see that lives and
property were protected. I have received numerous compliments and
positive responses from families who were touched by this incident
I as well as participants from the various agencies that were
involved.
III am confident that if the need ever arise again, everyone will
rise to the occasion and get the job done. Rest assured, our
agency stands by ready to assist you and your agency when a similar
I call for help comes out.
Again, please accept my thanks for all your help and special
assistance in making this incident a hallmark on how to get the job
I done right.
Sincerely,
I all-`"'' ). id
Allen J. Wallin
11 Sheriff
AJW:prr
II
II
Affirmative Action/Equal Opportunity Employer
r
CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
' TO: Mayor and City Council
Y Y J•/,/9
FROM: Jo Ann Olsen, Senior Planner
DATE: October 2 , 1990
/, 4./3,
SUM: Tree Inventory
The City Council may recall staff talking about performing a tree
inventory for the City with the DNR Forestry Office. The inventory
has finally become a planned program for this fall. The DNR is
' performing color infrared photography of the City on October 15,
1990, during peak color. The program is a pilot project and will
result in maps which the City can use to identify type, size, age
and value of tree stands and ultimately identify significant tree
stands which should be preserved such as we preserve wetlands. The
cost will be approximately $2, 000 and will be covered by the DNR.
The maps should be available January/February, 1991.
r
r
r
r
i
r
r
r
I
CITYOF
CHANHASSEN
(-4; ' 6 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
t
1 ip► (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Scott Harr , Acting Public Safety Director
' FROM: Gary Warren, City Engineer ,-
DATE: October 3 , 1990
SUBJ: Builder Tips for Avoiding Tree Kill
File No. PW273
We obtained the attached information which you may find of
interest relative to avoiding tree kill from building
construction . The 12-item sheet which covers the basics
1 concerning tree kill may be something you want to consider for
distribution with any building permits that are issued from your
department. You may also find it useful to acquire some of the
additional materials which are available from Lasting Woodlands ,
Inc . as noted in their attached letter.
1 ktm
Attachments : 1. Letter from Lasting Woodlands , inc . dated March
' 2 , 1990 .
2 . Tips on avoiding tree kill .
3 . Lasting Woodlands newsletter .
c: Charles Folch , Assistant City Engineer
Dave Hempel, Sr. Engineering Technician
City Council Administrative Packet ( 10/8/90 )
1
1
1
I
I
I
Materials_available from Lasting woodlands,_Inc
$ 1 . 00 -- Article reprint by Steve Clark, urban forestry
consultant of Knoxville Tennessee . Informative and entertaining.
$ 5 . 00 A complete set of past Lasting Woodlands newsletters .
$ 2 . 00 -- A copy of Maplewood Tree Preservation Ordinance and
Christian Siems ' open letter to the Maplewood City Council .
Contains great ideas for city officials and groups working on new
' or updated tree ordinances .
With a $ 10 . 00, 20 . 00, or 30 . 00 annual contribution to Lasting
' Woodlands Inc . you will receive the next six issues, and gain
recognition as a contributor in the publication .
With your request please enclose a check made out to Lasting
' Woodlands, Inc . and send to :
Lasting Woodlands, Inc .
' P . 0. Box 7271
St . Paul, MN 55107
Annual contributions are tax deductible .
I
1
I
s
Volume 2, Number 1 January-February, 1990
1
1
Lasting
Woodlands
' The Bimonthl Newsletter o Lastin: Woodlands, Inc.
IIssues, Ideas
& Action
Woodland 3 ' 'vs'. '._I=I, "
Constructiony� ti '' '
iDamage '= ` •°Y ` "
Lasting Woodlands spreads tree- . °"y- / (
saving information straight from _. :- c !s
111 experts to people who can use it `/ ";+ ;- . •, ::
Tree ,. ;:i∎-" . -,-- ,.
Conservation : 1 6 ""L:Y=� -I, _
Ordinances _.--�_ ;_.-p0 ? "•°'" .
I r
Lasting Woodlands brings people �z ���
from both sides of the construction _ to a —
- & ,.
e„a
blueprint together to find conser-
°�—�_.
' vation solutions that everyone can , =
live with and that work. - �`
ILasting Woodlands tom, f °"`'
Seal of Approval T-- . .Moe _t, "� '� °`•
I Awarded to builders who take special �- f_ ; „�,
A�Apr(WNAI
` 'fi roses w�ecr(r i (0.0.COTTWC AN
care to preserve valuable trees, the ` •
Seal of Approval will soon become a t-. .-' . s
I major selling point for homes built - _ _ _ -
-rr► G` -.-4- )', te' =�
on wooded lots. .- .- :;:. =!: ; _?:= � .
IPlease read more to learn practical
tree-saving tips and what people and
I businesses around the Twin Cities are
doing to preserve woodlands.
I
President's Letter Contents:
Making Sure Fill Doesn't Kill(Trees) 6
Lasting Woodlands Network 3 1989 Annual Report 7
I The Seal of Approval: Coming Soon 4
Lasting Woodlands Update 5 Woodland Conservation Who's Who 8
Native Forest Treasure 9
Lasting Woodlands is a non-profit advocate of cooperative conservation.
141011) .
•
t..../ s s- ;.„ LAST I NG W OODLANDS NETWORK
t
INetworking is a very trendy phrase in today's business world--
computer networking, communication networking. Networking is a tool
to maximize utilization of information and time, the two hottest
I commodities in business today. They are also vitally important to
woodland conservation .
The business world is moving so fast that companies who can' t
I keep up with the information explosion soon disappear . As people
who care about the future of native woodlands, we too are in a race
against time . Or, as Janet Jackson puts it, "We are in a race
I between knowledge and catastrophy. ” That statement has appeared in
Lasting Woodlands before, but it bears repetition. If information
isn' t spread quickly, accidental and intentional woodland
destruction will continue .
11 Lasting Woodlands, Inc . is stealing a page out of the business
manuals . Effective networking can save a lot of trees--a lot more than
generalizations and propaganda . After all, networking is Just a new-
' fangled word for cooperation.
Listed below are the names of business contributors and new
individual contributors . The names of supporters are displayed in each
I issue for several reasons . First and foremost, to thank them for their
help. Second, to let readers know who in their area is working to
conserve woodlands so they can contact each other to work together .
The third reason is to recognize professionals and businesses, on an
Iongoing basis, for their concern for the future of native woodlands .
Businesses
II Miller Contracting Northern Arborists Plant Health Associates
David Miller Gary Wemier Katherine Widin
II Proden & Associates Stennes Shade Tree LECY Construction, Inc.
Stan Proden Mark Stennes
The Arborists Rainbow Tree Co. Top Notch Tree Service
IITom Prosser Dan Nordgaard'
TUBEX Treeshelters S. Kunde Company Source Tech. Biologicals
ILarry King Steve Kunde
Mike Scharrer
IPlant Health Cons .
Community Forestry Offices
Lino Lakes, MN Grand Forks, ND Bloomington, MN
IRichfield, MN Hutchinson, MN
Individuals
II Arnold and Rose Anderson Paul and Marie Jensen
Lloyd and Joreen Lundstrom Natalie Jo Johnson
John and Katie Macke Anonymous from W. B. Lake--thanks ! !
INote: Due to a post office snafu, three weeks of Lasting
Woodlands ' mail is buried under a huge pile of mail waiting for change
of address stickers . As a result, not everyone who contributed since
I the last Lasting Woodlands is listed above. We apologize and promise
to catch up next time . --CS
II
page 3
•
I . �r'a-- 0 i
-0 7-4P:itsv ‘i.
' LASTING WOODLANDS UPDATE t44■11
`
NEXT BOARD MEETING KEY TO 1990 SUCCESS
The next Lasting Woodlands board meeting is probably its most
important to date . It is scheduled for 7: 30 on Thursday, February 15,
at Donald Willeke 's Minneapolis law office. All readers are invited.
1 Call Chris at 612/228-0535 (days ) or 612/544-2291 (evenings ) for
details and directions .
1990 Directors will be selected and final touches will be put on
I the Lasting Woodlands Seal of Approval . The seal will be awarded to
builders who, with the help of a tree expert, develop a lot plan to
preserve construction site trees . It will be a strong selling point
IIfor building projects .
MAPLEWOOD TREE ORDINANCE NOW IN PLACE
The city of Maplewood passed a set of revisions to the existing
I Environmental Protection Ordinance . The revisions came in response to
growing public concern over the loss of woodlands .
It is an ordinance full of good ideas, including mandatory tree
I preservation plans and snow fence barriers to protect the root zones
of valuable trees . It is more than a set of rules. It is an education
in tree preservation. Leading builders in the area were given a draft
of the revisions, and approved it. LW will monitor its effectiveness
Ithroughout the 1990 building season.
TAKING THE SHOW ON THE ROAD
I LW board members Chris Siems and Al Lundstrom spent much of
January meeting with people and groups interested in urban fringe
woodland conservation.
On January 7 they met with Mahtomedi residents who were concerned
I about the damage a proposed water main would do to their trees . Chris
and Al supplied them with information on tree appraisal so they could
argue in favor of their trees with dollars and cents . Trees add
I thousands of dollars to property value, so if utilities follow the
path of least property value damage, chances are more trees will be
saved. It is a strong argument citizens can make on behalf of trees .
I Because of recent interest in tree appraisal, Kathy Widin of Plant
Health Associates, Inc. is writing an article on the subject for the
March-April issue of Lasting Woodlands. Discussion at the informal
meeting also included oak wilt, a topic we hope to get in every
I newspaper and on every T.V. news program this spring. Publicity and
education are our best weapons against the disease..
On Tuesday, January 16, Chris attended a meeting of the Agassi
II Chapter of the Izaak Walton League . An interesting agenda, excellent
attendance, and lively discussion prompted long-time member John
Hendrickson to call it their best meeting ever . Chris was grateful for
the invitation to talk about Lasting Woodlands ' philosophy and goals .
II Hopefully LW and Izaak Walton can join forces on future conservation
efforts .
If you have questions about trees or cooperative woodland
' conservation, call Chris . LW attends meetings, supplies information,
and puts people in touch with people who can help.
G 4bAL
I page 5 . `�1.at�L 1N j j'�A F
_
�-
The American /4 forestry Associahon
II
ILASTING WOODLANDS 1989 TREASURER '$ REPORT
by Al Lundstrom
11 As vice president and treasurer of Lasting Woodlands, I would
like to convey my deepest appreciation to those who have contributed
to the efforts and goals Christian Siems has set forth for Lasting
I Woodlands . You will be pleased to know that we have met and exceeded
our goals for our first fiscal year and are very excited about working
with developers in 1990 on the Lasting Woodlands Seal of Approval .
The bulk of your contributions have gone toward the publication
I of our bimonthly newsletter . The importance of this newsletter is that
it reaches many individuals who have legitimate concerns about
development in their communities . Indirectly, with the newsletter ' s
I growing popularity, it enables Chris and me to meet with people and
supply information needed to preserve and protect the environment .
The newsletters and the meetings would have been impossible without
your help.
'
Our goal for the next decade is to bring together individuals and
professionals, and with teamwork and knowledge develop homes that
preserve urban and suburban woodlands . If I could, I would plant magic
I trees in your community, trees that aren ' t susceptible to the dangers
of construction. Unfortunately the real oaks in our woods die from oak
wilt, soil compaction, and other afflictions directly linked to
I construction . So for now, Lasting Woodlands will have to rely on you
to help us strengthen the commitment and to act on your concerns .
IITOTAL CONTRIBUTORS 80 '
STUDENTS 15 @ $10 . 00
INDIVIDUALS 51 @ $20 . 00-$50 . 00
IBUSINESSES 14 @ $20 . 00-$50 . 00
I BUILDERS/CONTRACTORS/DEVELOPERS 4
FORESTRY AND TREE CARE PRO' S 10
CITY FORESTERS 4
II TOTAL INCOME 47
S1 5 . 00
I Jan/Feb Mar/Apr May/Jun
$210 $220 $205
I Jul/Aug Sep/Oct
$275 Nov/Dec
$400 $165
IITOTAL EXPENSES $1005 . 00
Jan/Feb Mar/Apr May/Jun
out of pocket $80 $125
IJul/Aug Sep/Oct Nov/Dec
$230 $280 $290
I . . ' CHECKBOOK BALANCE 1/31/89 ( including interest ) $481 . 29
I page 7
II
lei v ,,,e
e�Y1ILUa .:44.= 0.4c,%.,....4.40,-
II , '� NATIVE FOREST TREASURE: EASTERN RED CEDAR --�,
i
4
II Eastern red cedar, Juniperus virginiana, is a little bit of proof
of nature 's neutrality where man is concerned. It is a beautiful tree
that is valuable to humans and wildlife . It produces the fragrant
walls of cedar chests . It gives food and cover to wildlife and grows
II on dry, alkaline soils that few other trees can tolerate .
It is also the alternate host of cedar apple rust, a disease that
afflicts the foliage and fruit of apple trees . However, orchardists
I who drink gin, take heart; the fruit of eastern red cedar is distilled
to produce that spirit !
I . IDENTIFICATION
Foliage : - young foliage is prickly, old is scale-like
Flower : - small cone in mid through late May
IIFruit: - berry-like cone, 1/8 to 1/4 inch long
GROWTH HABITS
Height: - 30-70 feet
I
Rate : - slow ( less than 1 foot per year on average )
Crown Spread: - 1/2 to 1/3 height
Longevity: - up to 300 years
II Roots : - ;''
dominant tap root � ,..
n.i•
SOIL °. �
II Drainage: - moderately poor to excessive _ � -
Moisture: - moist to droughty -• -< -
pH: - slightly acid to alkaline, 6.1 to 8 . 0 :'!.-- z,.. ..,
II TOLERANCES
Salt: - resistant Soil Compaction: _ ..._
- sensitive
Drought: - resistant Pollution: - resistant
1 WILDLIFE VALUE
Very high; songbirds, upland game birds, small mammals, hoofed
Ibrowsers
WOKIN FOR A GREAT BOOK?
ILetters From Side Lake by Peter M. Leschak is a wonderfully
refreshing, unmistakably Minnesotan look at life in the north woods .
It is an unpretentious work that, through stories and anecdotes,
I attempts to answer the eternal question, "What is our niche as humans
in the natural scheme of things?" Mr. Leschak doesn' t preach. He seems
to be searching for the answers along with you.
I He has two wonderful traits for a wilderness writer . He is a
oods daredevil, a trait which has produced some hilarious
stories, and a gifted spinner of those tales . Reading Letters is the
next best thing to sitting by the fire in a northern Minnesota log
I cabin with the sun setting in the picture window, swapping stories
with old friends . You will probably start to plan your next trip up
north and at the same time rethink your beliefs about the wild. It is
IIa must for anyone who loves the northland. -- CS
il page9