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Admin Section - "IF ADMINISTRATIVE SECTION Letter from Dennis J. Unger dated October 4, 1990. Correspondence to and from Don Halla. Letter to Bob Haak dated October 10, 1990. ' Letter to Marathon Management dated October 19, 1990. Letter to Chanhassen Taco Shop dated October 19, 1990. tLetter to Apple Valley Red-E-Mix dated October 19, 1990. Memo to Scott Harr dated October 29, 1990. Letter to Eckankar dated October 15, 1990. Letter to Gerald Duffy dated October 4, 1990. Letter to Bob Topinka and Marilyn Farniak dated October 23, 1990. ' Appraisal for Property situated to the rear of Lotus Lawn and Garden dated October 19, 1990. Memo from Jo Ann Olsen dated October 10, 1990. Letter to Jeffry R. Chaffee dated October 22, 1990. Note from Terry Forbord from Lundgren Brothers. ' Comment from Dave Hansen regarding Community Center. Notice of Vacancies for Carver County Committee Appointments. ' Memo from Scott Harr dated October 19, 1990. Future Council Items from Engineering. HRA Accounts Payable. 1 I RECEIVED CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. OCT 0 5 199 Attorneys at Law 0 44, d CITY OF CHANtiASSEN Thomas). Campbell c.L Roger N. Knutson Thomas M. Scott (612)456-9539 ' Gary G. Fuchs Facsimile (612) 456-9542 James R. Walston Elliott B. Knetsch Dennis). Unger 4 October 4, 1990 Mr. Don Ashworth City of Chanhassen ' 690 Coulter Drive Chanhassen, MN 55317 ' Re: Outlot A, Hidden Valley Dear Don: Enclosed please find copies of the Applications for Abatement of current and delinquent real estate taxes to the above-described property. As background, Outlot A, Hidden Valley was conveyed to the City of Chanhassen by United Mortgage Corporation on October 1 , 1 1985. I discovered that the Warranty Deed was not recorded during the course of my work on the Hidden Valley Trail easement matter. After the original Warranty Deed could not be found in the City' s ' files, United Mortgage graciously executed a second Warranty Deed using the information from their copy of the original Deed. You will note from the Application that the amount of current ' and delinquent taxes on the subject property total $4 ,708.25. The Warranty Deed will not be accepted for recording until the delinquent taxes are paid. It is our hope that the County will recognize that the property was conveyed to the City in 1985, and that since the City is exempt from payment of such real estate taxes, that they will be abated in full. ' Ultimate approval of the abatement must come from the County Board. I am confident that your experience with the County Board will prove most beneficial in obtaining our requested relief. ' Therefore, any assistance you can provide in this matter will be appreciated. Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I Mr. Don Ashworth October 4, 1990 1 Page 2 1 If you have any questions, please do not hesitate to contact I me. Very truly yours, ' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. , /7 By. j _ I Dennis J. Un•er DJU:vlo Enclosures 1 I 1 I I -- illr Is 1 Commissioner of Revenue Abatement Form 4(Rev.5/90) APPLICATION FOR ABATEMENT-GENERAL FORM (M.S.375.192) I �: For Taxes Levied in 19/0 ° and Payable in 19777 c U z c o oy Please print or type. �plicant'sName City of ChanhaGGan Applicant's Mailing Address Applicant's Social Security Number City of Chanhassen Iephone(work) (612 ) 937-1900 c/o Chanhassen City Attorney ephone(home) ((,I� ) i ,&-9 39 — Ci 41t.°-.w� 3460 Washington Drive, Suite 202 / Ragan _ MN 551 27 lieCRIPTION OF PROPERTY l Property I.D.or Parcel Number: as, 3 y..5- /13 D Address(if different than above) -r Tpwnship School District No. ‘—1...a IA 1, 51 c •-■ I 11 9- l1111gal Description of Property: hi e v. 11 gl 1 hy 0 v-L /o -f- A I td ESSOR'S ESTIMATED MARKET VALUE: ,,ll t. S 7 V6 Structures S !� Total S ��o v Class / j�0►.-9yí IPUNT'S STATEMENT OF FACTS: The above-described property was conveyed by United Mortgage I Corporation, a Minnesota corporation, to the City of Chanhassen by a Warranty Deed dated October 1 , 1985. The Warranty Deed was misplaced and never sent to the Carver County Recorder for filing. I In September of 1990, the City of Chanhassen obtained the Warranty Deed from United Mortgage Corporation to the subject property and seeks to record the Deed. The negligent failure to promptly record the Deed in 1985 has resulted in delinquent property taxes accruing I against the subject property. Under Minnesota law, the City of Chanhassen is exempt from payment of real estate taxes.' i1UCANT'S REQUEST The City of Chanhassen respectfully requests that the County I recognize the City's legal title to the subject property under the unrecorded Warranty Deed and to accordingly abate the current and delinquent taxes which have accrued against the subject property since the October 1 , 1985 conveyance. *"cant s S�gna •re Date City Attorney 10/03/90 Date T E: Minnesota Statutes 1988,Section 609.41, "Whoever,in making any statement,oral or written,which is required or ,utnorized by law to be made as a basis of imposing,reducing,or abating any tax or assessment,intentionally makes any rement as to any material matter which the maker of the statement knows is false may be sentenced unless otherwise ided by law,to imprisonment for not more than one year or to payment of a fine of not more than 53,000,or both.' /14P- The following accurately reflects both existing and proposed amounts. TezB1oe •!: Market Value Othr • • :Land :. Improvements Total . Original Proposed I Reduction . 0 Tax is Paid Date , 19 Local Tax Rate -- El Tax Is Not Paid REPORT OF INVESTIGATION After examining the applicants claims, I have carefully Investigated this application and find the facts to be as follows: 1 Signature of investigator Date : - • -•-•• •. • •, • ERTIFICATIONS OF:APp.RovAL •,• NOTE.. For 1b.abatea•nt to be approwl.,the assessor,amitFly aadltokind fount beetiofeentaiippOriiiitti*lart4 ''''''''''''''''''''' ''''''' ...„ ''':'''' • • ASSESSOR'S RECOMMENDATION (County assessor or city assessor in certain cities) 0 Approved 0 Denied Assessor's Signature COUNTY AUDITOR'S RECOMMENDATION 12 Approved 0 Denied Auditor's Signature COUNTY BOARD OF COMMISSIONER'S ACTION (To be completed by county auditor) O Approved 0 Denied I certify that at a meeting held , 19 the County board,took the above official action on this abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record,showing the namer taxpayers,other concerned persons and the amounts involved. trsmrAMMar ZERTIFICATIONOFFINACAPPROVIZZleaiiiiTiriffir" apW4ErgiNk I further certify that the approval of this abatement has resulted In the following changes: Reduction Of Tax • • Reduction Of Penalty Reduction Of Interest Total Reduction/Refund Total Payable Signature of County Auditor Date Al lipir a......... -.111•0171r. -.01, - Commissioner of Revenue Abatement Form 5(Rev.5/90) APPLICATION FOR SETTLEMENT AND ABATEMENT OF DELINQUENT TAXES, PENALTIES, INTEREST AND COSTS UPON REAL ESTATE (M.S. 375.192) ,3 c c s ° s Please print or type. 4 cant's Name City of Chanhassen Applicant's Mailing Address licant'sSocialSecurityNumber City of Chanhassen c/o Chanhassen City Attorney 'e hone(work) (612 ) 937-1900 3460 Washington Drive, Suite 202 elephone(home) (611 ) NsC,- ss 39 i'C..7 ,<l-F-}a• •a.zj Eagan, MN 5 512 2 • DE IPTION OF PROPERTY ' Property ID.or Parcel Number: a 5 3 f-6-- f - • >tc Address(if different than above) pr Township School District No. +4 $3∎4SSCt. 1/z Lell Description of Property: N;Jek e,_ V. 1/c y O ,+ )G + A- . 1 Q4ER'S DATA 1. Owner's Estimate of Market Value: tnd$ 78 ,800. 00 Structures$ 0. 00 Total S 78,800.00 hat do you base this value estimate on Explain. County Assessor ' s estimated market value. 2. Taxes on said real estate are delinquent and unpaid for all of the following years: /9 re/ , i "ci ' vie 3. ccumulated taxes,penalties,interest,and costs which are now a lien against said real estate amount to$ '/703,o' 4.the reasons said taxes have not been paid are as follows. (Explain fully.) The property was conveyed by United Mortgage Corporation to the City of Chanhassen on 10/01/85. 11: Warranty Deed was subsequently misplaced prior to recordation thereof. In September of 1990, City received the executed Warranty Deed from United Mortgage Corp. which it now seeks to have recorded. The City is exempt from payment of taxes on real estate under Minnesota law. 5. Applicant is willing and now offers to pay in full settlement of said accumulated taxes,penalties,interest and costs the RumofS — 0 — s. uch settlement is reasonable because: (Explain fully why applicant cannot or will not pay more.) Acing the years 1988, 1989 and 1990 in which the delinquent taxes accrued, the title to the was held by the City of Chanhassen pursuant to an unrecorded Warranty Deed. Absent the ligent: oversight which resulted in the Deed not being promptly recorded, the'County records would reflect that the City of Chanhassen was the fee caner of the subject property, hence,real Astate taxes would not have accumulated creating a lien against the real estate. ;PINTS REQUEST :p scant requests that said taxes,penalties,interest,and costs in excess of said sum offered by applicant be abated and ancelled upon the payment by him of said sum,and that such paymen ccepted in full payment thereof. This statement is and full statement of all facts known to the applicant relatly t is m er. I /ROGER N. KNUTSON A ants Signature Date ty DTE: Minnesota Statutes 1988.Section 609 41,'Whoever,in making any statement,oral r wriitttenn,which is required or authorized by law to be made as a si f imposing,reducing,or abating any tax or assessment,intentionally makes any statement as to any material matter which the maker of the statement 0 is false may be sentenced,unless otherwise provided by law,to imprisonment for not more than one year or to payment of a fine of not more than ,or both.' CERTIFICATE OF RECOMMENDATION BY COUNTY BOARD AND COUNTY AUDITOR '•' 1,the undersigned County Auditor,hereby certify that the following information is true and correct: nyS:ii:•y::F.?t:.f.,:}�}}:i?ii r x:!•}??;.}a};�:{.: ,;.:iH.•v,:•�.:Y..w :.........::-ii:•.., ,•.. ..:........:..,::Y?::.. ... S:;ij::i:u'1.:f^ ;ev r?Xr•-% ..J.•'^.^:7..:,w,. {:rM}}•w v,.;+1.+..•,r,. :•......... ::;:.i:. .::::i• :T:F ..:.....:•. ,y:: .....v.$ .-.:•i::: :.v :•iiiv: Assess ...........: •ii:;:: 8X.. :Value..::.:...:.:: :...: Total x+u�:MC?e ?�?;;;..,:;�:t�.�..;;,y.:...,�:..>.K;uw;.;;�;:.>�:..,7:�.�:r:•>,..:s:;..,��,.,N<.M:r,.. .,«... :.::•.v:....i:Ei'{•Q::•::::•:..:.v:.:::: :l'.:. :::;.:..:: ... .::::::::.::w.-: j{;;�}.•.�f..::...: ,: fI.QQ��iMt.:•�}-;•:•„r-.•.,N?...4k��r,M,Y1,.�:{.;iii: ,' is �� .. �I.t. '".,-i:•:'.i:ir:iii:i,.;;;:ivi F,.;::iv.::'{.yi.•:}:::'•:+::?{;J .. w ..... -...... ...... ....... ...... .v. .i::?Erin;•.i•:::v:4'::•ir:�II,.:::?:i'i'r'F.:IO:}^.:..$;::?;;ti r'rii:Y•:i'f,:i•:iri:;.%v}<::i:�:::::v:. . E:ri:..r: .. .wn:-.•�-.vx'�GS! ::..v..:.. . .: '�!M i... .. .:�!�1Miwi .. .. ' ..�.... .......::. n:..:..::i.S•.•^.•:•nI.•.:.. '.,f.��M,,,,,,•�,:,.,,:,,��11!/R:�„{,t� �: i!�Yt`I�,�:�Mi.::.:is`.::+::.:. ,: ASSESSOR'S RECOMMENDATION (County assessor or city assessor in certain cities) ❑ Approved ❑ Denied 11 ._.............. ..... ........................................... Assessor's Signature ' ign ...................................................... COUNTY AUDITORS RECOMMENDATION ❑ Approved ❑ Denied ' Auditor's Signature • COUNTY BOARD OF COMMISSIONER'S ACTION (To be completed by county auditor) ❑ Approved ❑ Denied I certify that at a meeting held , 19 the County board,took the above official action on this abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record,showing the names taxpayers,other concerned persons and the amounts involved. 1. Said real estate was bid in by the state at tax sale for the year and the state has not assigned the same to any person. No redemption from such sale has been made. The time for redemption has not expired. 2. A careful Investigation has been made by the County Board of said County and by me as to the value of said real estate and of all the allegations set forth in said application. From this investigation we are convinced and believe that the market value of said real estate at the date of this application did not exceed $ *it would not sell at private sale for more than said sum,and It would be for the best interest of the state and all of the subdivision then interested in said taxes that the same be settled in some way so that said property may again become taxable property on the tax rolls of said County. 3. N our judgment,S Is all that can be obtained in settlement of said taxes,penalties,interest,and costs,and would be a desirable settle- ment of the same for the state and for all of the subdivisions concerned. }Q'•;r.,'.•..v..Y.+Sty+4.<tA"!?MA??$C�;3; r<:..i,:.,.,.,•<•v; y ERTiFICATI .,;o-....,aaG,�w.:f,`,:vfc,tr..,,tC:t`,v,•..,w,:,,,,w.:,:•.s,,....a::..,:•r..,•..:::::: .. .....:.. .. .,.....:.. :�:.�.,•r ..:..:-: :;;.. ,r:.u<:r „•:.,:,•...,•u:arw,:,r:w.wasSSS.wsuarfiiri..,,.,,,.,rrasf.,5,:wr�.:,�.va.•uw.•aa.+w.w.,rr:.,•.w.sr,a+.�u?:tiiu'sc55:::::-::.�'.:,•,�:•.�. .r•.,t......::::,::a.:�•::.:':a::sa�a';::#i: vaaawx§sacvx,as.�aoua�<:a&YS�weCk+at6uts:<,aYt3Z:,x I further certify that,at a meeting held ,19_ .said County Board,by official action upon said motion,duly adopted and entered upo the minutes of its proceedings as a public record,showing the names of taxpayers and other persons concerned and the amounts Involved,made the following. recommendation,with which I concur. Total Tax,Penalty and Interest $ Proposed Penalty Reduction $ Proposed Tax Reduction $ Total Proposed Reduction S Proposed Interest Reduction $ Total Amount Payable $ Upon the payment of the sum of$ by the applicant,all taxes,penalties,interest,and costs above set forth in excess of said sum be I abated and cancelled,and that said sum be accepted in full settlement thereof. Signature of County Auditor Date CITYOF R , kviti CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 a 1 October 11, 1990 1 Mr. Don Halla Halla Nursery 10000 Great Plains Boulevard Chaska, MN 55318 ' Dear Mr. Halla: 1 In response to your letter dated September 28, 1990, are the following comments: ' 1. The Administrative Grading Permit issued to you by Dave Hempel on July 19, 1990, for 1, 000 cubic yards of fill expired on September 15, 1990. If you will note Condition #4 of the 1 permit, it states: 4 . All work associated with this fill operation under this permit, including seeding, must be completed 1 by September 1.5, 1990. No additional work will be allowed unless you receive Interim Use Permit approval by the City Council. ' 2. The earth work ordinance only permits up to 1,000 cubic yards per 12 months to be administratively approved (see attached 1 ordinance, Section 7-35(A)) . If you can verify the amount of fill is less than 1,000 cubic yards, you may apply for another administratively approved earth work permit for 'the remaining balance of 1,000 cubic yards of fill. 1 3. Prior to issuance of another earth work permit, the City would first require that conditions of the first permit have been 1 met, such as slope stabilization. In our telephone conversation of October 8, 1990, it was stated that an erosion control blanket was required and would be placed on the slope. 1 r I , • Mr. Don Halle October 11, 1990 Page 2 I hope this helps clarify the situation and the intent of my last I letter. Should you have any questions, please feel free to contact me. Sincerely; 1 Jo Ann Olsen Senior Planner cc: Dave Hempel, Engineering Dept. , I 1 I i 1 i 1 I 1 CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 f (612) 937-1900 • FAX (612) 937-5739 July 19, 1990 1 ' Mr. Don Halle VIA FACSIMILE Halla Nursery 10000 Great Plains Boulevard Chaska, MN 55318 Re: Application for Filling and Grading Permit Grading Permit File No. 90-3 Dear Mr. Halla: This letter is a follow up to our meeting on Thursday, July 12, ' 1990. Charles Folch, Assistant City Engineer, Mark Halla and myself met with you at your nursery to discuss the filling in of • the large ravine on your property. After the enlightening ' experience of almost slipping off the edge of the ravine, I am aware of your interest to immediately stablize the dam by filling in the ravine. Therefore, we 'can administratively approve a ' filling/grading permit up to 1 ,000 cu. yds. The City is willing to issue this permit at this time with the understanding that you will proceed to apply for an interim use permit in conjunction with obtaining another grading permit ( from City Council) for the ' remaining yardage needed to fill the ravine. As you are aware. City ordinances require IUP approval for any filling in excess of 1, 000 cu. yds. ' • I am in receipt of your application for a filling and grading permit. We h,..ve processed your permit application administratively pending on the following conditions: '1 . Tree stumps, demolition material, bituminous and large concrete pieces shall not be used as fill. Concrete 'pieces smaller than one foot in diameter may be used below the top three feet of fill. 2 . An erosion control fence and/or hay bales should be staked at the toe of slope until vegetation is established on the slopes . I Mr. Don Halla July 19, 1990 Page 2 3. A security deposit of $2,000.00 will be required. This will be fully refunded upon satisfactory completion of the work as stipulated herein. I 4 . All work associated with this fill operation under this permit, including seeding, must be completed by September 15, 1990. No additional work will be allowed unless you receive IUP approval by the City Council. 5. The City will perform random observations of the site including a final inspection to verify compliance. 6 . Hours of operation shall be 7:00 AM to 6: 00 PM Monday through Friday, and Saturday 8:AM to 5: 00 PM. 7 . Seeding and a fiber blanket shall be used on the slopes of all disturbed areas upon completion of the operation if additional filling permits are not granted. 8 . The applicant shall clean daily, on and off site, dirt and debris including all blowables from streets and the surrounding area that has resulted from this operation by the applicant , its agents or assigns. .If you are in agreement with the aforementioned conditions for approval, the City is prepared to issue and grant you a filling/grading permit for 1 ,000 cu. yds. of clean material. Enclosed you will find the permit (No. 4073) for your review and signature. Please return it to me along with a check for $147. 00 .:nd security in the form of Letter of Credit, cash escrow or bond in the amount of $2,000. 00. If you have any questions, please feel free to contact me. Sincerely, I CITY OF CHANHASSEN David C. Hempel Sr. Engineering Technician DCH: jms • Attachment: Copy of grading permit No. 4073 c: Gary Warren, City Engineer Lawrence Samstad, Lower Minnesota Watershed Dist. Engineer Steve Kirchman, Building Official Charles Foich, Assistant City Engineer Don Ashworth, City Manager 11 II F. Plowing and tilling for agricultural purposes. IG. 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 EARTH WORK. 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 FOR EARTH 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. ' 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. b. Proposed stockpile sites. c. The physical relationship of the proposed designated site to the community and existing development. i ' -3- '1 L., A r...Aitio -6.e. . . i MI.. ",. "LANDSCAPE DESIGNERS,CONTRACTORS, GROWERS" INC. I -y IL ni 7.114B c S ��` 10,000 Great Plains Blvd.,Chaska,Minnesota 55318 3 Miles South of Chanhassen on Hwy.101 Phone 612-4454555 September 28, 1990 Ms Joanne Olsen City of Chanhassen 960 Coulter Lane Chanhassen, MN 55317 Dear Ms Olsen, Received your letter dated September 25, 1990. I disagree with several statements made therein. 1. We have had a total of 42 truck loads of fill installed to date, not 100 as you state. Trucks are normally considered to haul 10 yards per load. 2. We will put a trash guard over the hole. This was not originally requested or agreed to in our written agreement. The condi- tion has existed for over 20 years with no problems. (The city does not have trash guards over their culverts.) 3. We still plan on installing 500 yards of fill (which is needed for slope adjustment as it is to steep) when it becomes available. 4. The city when it grades does not use blankets. To seed an area which needs to be filled and is not complete will therefore be a total waste of seed and is not prudent. The erosion, which may take place, would be minimal. It is in an area which would cause no problems and the "natural" erosion of the area is far greater than the erosion which could occur from the dam fill site. I feel we should be able to put the balance of the fill behind the dam and properly grade the area before reseeding. I'm willing to do the non-required trash guard. You should be willing to bend on a non-beneficial area of your requirements also. Expect what's right -- not just what your papers require! S' cerely, �' f 4' it! RECEIVED Don E. Halla OCT 01 1990 CITY OF CHANHASSEN "THE PLACE TO FOR PLANTS THAT GROW" I YOUR"NATIONAL LANDSCAPE AWARD"WINNING NURSERY FOR DESIGNING &PLANTING SHADE TREES •• EVERGREENS •• FLOWERING CRABS •• faai1T TREES'.$LOWERING SHRUBS *HEDGING GROUND COVERS•FERTIUIERS LANDSCAPE CONSULTATION+:INSECTICIDES •PRUNING • LARGE TREE MOVING -1NSURANCC CITY OF 1 1 CHANHASSEN 1011111r 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900* FAX (612) 937-5739 1 September 25, 1990 • CERTIFIED 1 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 1 make the improvements. Should you have any questions, please feel free to contact me. Sim erely, 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 II . • '4c&2 ate. t ECEIV CAMPBELL, KNUTSON, SCOTT & P.AR Attorneys at Law OCT 11 1990 Thomas j. Campbell CITY OF CHANHASSEN Roger N. Knutson (612)456-9539 Thomas M. Scott Gary G. Fuchs Fax(612)456-9542 James R. Walston Elliott B. Knetsch • Gregory D. Lewis Dennis J. Unger October 10, 1990 Mr. Bob Haak ' Lutheran Church of the Living Christ 820 Lake Drive East Chanhassen, Minnesota 55317 1 RE: Real Estate Transaction with the City of Chanhassen Outlot A, Chanhassen Lakes Business Park 6th Addition ' Dear Mr. Haak: Our office is legal counsel for the City of Chanhassen. Enclosed please find Real Estate Purchase Agreement which has been drafted pursuant to the agreement reached with Don Ashworth at the City. If you find the Agreement acceptable, please have it signed ' on behalf of the Church and return it to me as quickly as possible. I will then present it to the City Council at its next regularly scheduled meeting for consideration and approval. ' Very truly yours, LL, SON, SCOTT ' & FUCHS, ` .A. • Ro N. utson RNK:srn ' Enclosure cc: Don Ashworth 1 1 Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 r REAL ESTATE PURCHASE AGREEMENT • THIS AGREEMENT A"Agreement")reement") made and entered into this ( g day of , 1990, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, with offices at 690 Coulter Drive, Chanhassen, Minnesota 55317 (referred to ' herein as the "Buyer") , and the LUTHERAN CHURCH OF THE LIVING CHRIST, a Minnesota non-profit religious corporation, 820 Lake 1 Drive East, Chanhassen, Minnesota 55317 (the "Seller") . I In consideration of the mutual covenants and agreements herein, it is hereby mutually agreed by Seller and Buyer as ' follows: SECTION 1. I SALE AND PURCHASE OF LAND 1. 1) Seller shall sell to Buyer and Buyer shall purchase ' from Seller, upon the terms and conditions hereof, the following property (all collectively referred to as the "subject property") : 1.1.1) The land in Carver County, Chanhassen (the "City") , Minnesota, legally described as Outlot A, Chanhassen Lakes Business Park Sixth Addition, together with all right, title, and interest in and to any roads or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto, and in and to any ditch, water, or riparian rights and claims appurtenant thereto, and to any unpaid award with respect thereto (the "Land") ; 1.1.2) Any improvements located on the Land; ' 1.1.3) All rents, leases, contract rights, causes of action, permits, licenses, and other rights relating to the Land and Improvements (the "Contract Rights") ; and 10/10/90 I 11 1 ' ' 1.1.4) All right, title, and interest of Seller in and to any plans, specifications, surveys, studies, reports, renderings, or drawings pertaining to the Land and Improvements, including environmental, marketing and related matters (the "Drawings") . ' SECTION 2. PURCHASE PRICE 2. 1) The purchase price for the subject property (the ' "Purchase Price") is Thirty Thousand Eight Hundred Ninety and ' 00/100 Dollars ($30,890.00) . 2 .2) The Purchase Price shall be payable by Buyer to Seller ' by check on the date of Closing. SECTION 3. ' TITLE MATTERS 3. 1) Seller shall furnish to Buyer within twenty (20) days ' hereof a current commitment for the issuance of a 1970 ALTA Form B owner's policy of title insurance with a mechanic's lien ' endorsement (the "Commitment") issued by Title Company acceptable ' to Buyer ("Title") in the amount of the Purchase Price, committing to insure that Buyer will 'have good and marketable ' title to the subject property, free of any and all standard and other exceptions to title, except matters to which Buyer may ' consent in writing. ' 3.2) In the event any exceptions shall show (or purport to be shown) in the Commitment for title insurance, if the same ' results from any voluntary action by the Seller, the Seller shall cause the exception to be removed. With regard to any other exceptions, if the Seller fails to remove the same within the time allowed for closing on the subject property, the Buyer shall -2- have the right to terminate this Agreement as the Buyer's sole and exclusive remedy and Seller shall return Buyer's Earnest I Money. SECTION 4. CLOSING 4 .1) The closing (the "Closing") shall be at the Title ' Company, and shall occur on or before November 20, 1990 (the "Closing Date") . , 4.2) On the Closing Date, Seller shall deliver to Buyer possession of the subject property vacant and free of any and all ' debris, and all personalty not included in the subject property. • Until possession is delivered to Buyer, Seller shall keep and maintain the subject property in a neat and orderly condition and shall not alter or damage any part thereof. Seller shall not remove any dirt, trees, shrubs, or other natural growth, except , as to keep the subject property in a neat and orderly condition. 4 .3) On the Closing Date, Seller shall execute and deliver to Buyer: , 4.3.1) A warranty deed; 4.3.2) A customary affidavit that there are no , unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against Seller, and no labor has or materials have been furnished to the subject property for which payment has not been made, and that to the best of Seller's knowledge there are no unrecorded interests relating to the subject property; 4.3.3) A current abstract of title to the subject property if the subject property is abstract or the Owner's Duplicate Certificate of Title if the subject property is registered; I I -3- ' 4.3.4) An opinion of counsel to Seller to the effect that the individuals executing this Agreement on Seller's behalf have the power and right to execute this Agreement and to perform the same; 4 .3.5) An opinion of counsel to Seller to the effect that all necessary authority exists for Seller to sell the subject property to Buyer. 4.4) Seller shall pay at Closing any of the general real ' estate taxes levied against the subject property due and payable ' in the year of Closing and prior years, together with any unpaid installments of special assessments due therewith ("Taxes") , and any Taxes deferred. 4 .5) Except as provided in Section 4.4 above, Buyer shall ' assume all unpaid levied or pending special assessments against the subject property. 4 .6) Seller shall pay the state deed tax and the cost of ' obtaining and updating the abstract to the subject property and the recording fees for corrective instruments, if required, to ' place title in Buyer's name. Buyer shall pay all recording charges and fees relating to the filing of the Deed. ' SECTION 5. COVENANTS, REPRESENTATIONS, AND WARRANTIES ' 5. 1) Seller, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with Buyer and its successors and assigns ' that: 5.1.1) There are no leases, options, purchase ' agreements, rights to redeem, tenancy agreements, or rights of occupancy, written or verbal, and no person or party has, or will have any rights of adverse possession, regarding the subject property; -4- 1 5.1.2) Seller will maintain in force insurance 1 against public liability from such risk and to such limits as in accordance with prudent business practice and suitable to the subject property from the date hereof to the Closing Date; 5.1.3) Neither Seller, nor, to the best of Seller's knowledge, any entity or person has, at any time (i) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the subject property; or (ii) taken any action in "response" to a "release" in connection with the subject property; or (iii) otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in 'or on the subject property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below) . The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq. , as amended ("CERCLA") and any state environ- mental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances", "toxic substances", "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et seq. , the Hazardous Materials Transportation Act, 49 U.S.0 Sec. 1801 et sec . , the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. , any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes; 1 5.1.4) Neither Seller, nor, to the best of Seller's knowledge, any entity or person has, at any time, installed, used, or removed any underground storage tank on or in connection with the subject property; 5.1.5) There are no wells on the subject property. 1 5.2) This Section 5 shall be deemed to continue for Buyer and its successors and assigns and shall survive any termination ' or expiration of this Purchase Agreement or the giving of the Deed. All of Seller's covenants, representations and warranties -5- I in this Agreement shall be true as of the date hereof (and shall be a condition precedent to the performance of Buyer's obligations hereunder) and as of the Closing Date. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to closing, in addition to any of its other rights and remedies, to cancel this Agreement or Buyer may postpone the Closing Date up to ninety (90) days to allow ' time for correction. SECTION 6. ' MISCELLANEOUS 6. 1) Seller hereby indemnifies Buyer for any claim, cost, ' or damage related to any brokerage fee due because of this Agreement. ' 6.2) Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be ' in writing and sent by certified mail, hand delivery, overnight ' mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Seller or ' Buyer. Any notice shall be deemed effective when delivered to the party to whom it is directed. Unless other addresses are given in writing, notices shall be sent to Seller or Buyer at the ' applicable address stated on the first page of this Agreement with a copy of any notice to Buyer also delivered to Roger N. ' Knutson,. Campbell, Knutson, Scott & Fuchs, P.A. , 3460 Washington Drive, Suite 202, Eagan, Minnesota 55122. I -6- I 6.3) Time shall be of the essence in this Agreement. Where I any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. I 6.4) Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other I party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. I 6.5) This Agreement represents the entire agreement of the parties with respect to the subject property and all prior ' agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, ' warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be , changed, modified or rescinded, except by a written agreement signed by both parties hereto. Seller and Buyer shall have the ' right to modify, amend, or cancel this Agreement without the consent or approval of any real estate broker or agent. Under no circumstances, including, without limitation, any default(s) of Seller and/or Buyer under this Agreement, will: (a) any real estate broker or agent be entitled to any commission unless the Closing actually occurs, or to any notice under this Agreement; or (b) Buyer have any liability and/or obligation for payment of I any commission or other compensation to any real estate broker or agent regarding this Agreement. -7- 6.6) If Buyer defaults under any of the terms hereof, then Seller shall have the right, in addition to whatever other ' remedies are available to Seller at law or in equity, including 1 without limitation, specific performance, damages, including attorney's fees, to cancellation of this Agreement. 6.7) If Seller defaults under any of the terms hereof, including, without limitation, the delivery of marketable title to the subject property as set forth in Section 4 hereof, and any ' of Seller's representations, covenants, and warranties in Section 6 hereof, then Buyer shall have the right, in addition to whatever other remedies are available to Buyer at law or in equity, including without limitation, specific performance, damages, including attorney's fees, to cancellation of this Agreement. On such cancellation, Seller shall deliver to Buyer all Earnest Money. • 6.8) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 6.9) Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 6.10) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 6.11) This Agreement shall be construed in accordance with the laws of the State of Minnesota. 1 -8- 1 6. 12) At Buyer's request, a memorandum of this Agreement , shall be executed by Buyer and Seller and filed of record in Carver County, Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this f Agreement as of the day and year first above written. BUYER: SELLER: CITY OF CHANHASSEN LUTHERAN CHURCH OF THE LIVING CHRIST BY: BY: Donald J. Chmiel, Mayor Its AND AND Don Ashworth, City Manager Its STATE OF MINNESOTA ) 1 ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1990, by Donald J. Chmiel, Mayor, • and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and II pursuant to authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) , ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1 day of , 1990, by and by , the and of the Lutheran Church of the Living Christ, a Minnesota non- profit corporation, on behalf of the corporation. • NOTARY PUBLIC 1 DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456-9539 -9- CITY OF Y CHANHASSEN 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 r" (612) 937-1900 • FAX (612) 937-5739 October 19, 1990 Marathon Management, Inc. ' 2222 Park Avenue Minneapolis, MN 55404 • ' Re: Status of Trunk Highway 101 ImTprovements North of Trunk Highway 5 Project No. 88-22B Dear Mr. Bandersky: 1 As you knave, the City of Chanhassen had originally scheduled construction for the realignment of Trunk Highway 101 so as to correlate with the State of ' Minnesota's Highway 5 project, which is scheduled for June 1991 construction. However, to avoid the inconveniences to businesses and residents that will result fran street construction at so many locations simultaneously, the City has found it necessary to delay its Highway 101 project north of Highway 5 until the 1992 construction season. This means that the City does not anticipate needing access to your property until January 1, 1992, rather than March January 1, 1991. In light of the rescheduling, the City intends to commence eminent domain ' proceedings between now and the end of November this year in order to obtain the right to possession by January 1, 1992. Since the time frame of the project has been extended by one year, this should hopefully allaw •additional opportunity 1 for us to negotiate an agreeable settlement for this property. If you have any questions on this matter, please call either Gary Warren, City Engineer (937-1900), or Fred Hoisington, Planning Consultant (835-9960). We hope that a settlement can be negotiated in lieu of the condemnation. Sincerely, CITY OF CHfANHASSEN 09-0 vb.. A 4/4.1/4.i ' Don Ashworth City Manager • DA:03W:ktm 1 i f .1 CITYOF cc_ ,,,,,,t- i.), _ -16: CHANHASSEN 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 I • October 19, 1990 1 Chanhassen Taco Shop 195 West 78th Street II Chanhassen, MN 5 5 317 Re: Status of Trunk Highway 101 Improvements North of Trunk Highway 5 Project No. 88-22B 1 Dear Mr. Peterson: As you know, the City of Chanhassen had originally scheduled construction for 1 the realignment of Trunk Highway 101 so as to correlate with the State of Minnesota's Highway 5 project, which is scheduled for June 1991 construction. However, to avoid the inconveniences to businesses and residents that will II result from street construction at so many locations simultaneously, the City has found it necessary to delay its Highway 101 project north of Highway 5 until the 1992 construction season. 1 This means that the City does not anticipate needing access to your property until March 1, 1992, rather than March 1, 1991. I In light of the rescheduling, the City intends to commence eminent domain proceedings between now and the end of November this year in order to obtain the right to possession by January 1, 1992. If an agreeable arrangement can be II negotiated between you and the City., it is likely that you could stay on the property until March 1, 1992. Since the time frame of the project has been extended by one year, this should hopefully allow additional opportunity for us II to negotiate an agreeable settlement for this property. If you have any questions on this matter, please call either Gary Warren, City II Engineer (937-1900), or Fred Hoisington, Planning Consultant (835-9960). We hope that a settlement can be negotiated in lieu of the condemnation. Sincerely, 1 CITY OF CHANHASSEN , 3 ,■• likagi/ Don Ashworth ICity Manager DA:O J:ktm I CITY OF 1 . 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 October 19, 1990 AVR, Inc. 6801 150th Street West Apple Valley, MN 55124 Re: Status of Trunk Highway 101 Improvements North of Trunk Highway 5 1 Project No. 88-22B Dear Mr. Fischer: 1 As you know, the City of Chanhassen had originally scheduled construction for the realignment of Trunk Highway 101 so as to correlate with the State of Minnesota's Highway 5 project, which is scheduled for June 1991 construction. However, to avoid the inconveniences to businesses and residents that will '. result from street construction at so many locations simultaneously, the City has found it necessary to delay its Highway 101 project north of Highway 5 until the 1992 construction season. This means that the City does not anticipate needing access to your property until March 1, 1992, rather than March 1, 1991. In light of the rescheduling, the City intends to commence eminent domain proceedings between now and the end of November this year in order to obtain the 1 right to possession by January 1, 1992. If an agreeable arrangement can be negotiated between you and the City, it is likely that you could stay on the property until March 1, 1992. Since the time frame of the project has been extended by one year, this should hopefully allow additional opportunity for us . 1 to negotiate an agreeable settlement for this property. If you have any questions on this matter, please call either Gary Warren, City 1 Engineer (937-1900) , or Fred Hoisington, Planning Consultant (835-9960). We hope that a settlement can be negotiated in lieu of the condemnation. Sincerely, - • 1 CITY OF CHANHASSEN 0/.41#. h57 Don Ashworth ' , City Manager DA:GGW:ktm 1 I CITYOF . 1 i i if.: , 1161 44„ , 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 f, (612) 937-1900• FAX (612) 937-5739 i II MEMORANDUM II TO: Scott Harr, Acting Public Safety Director FROM: Gary Warren, City Engineer II DATE: October 29 , 1990 SUBJ: Traffic Safety Committee I File No. PW225 Scott, in regards to your October 9, 1990 proposal for the Traffic I Safety Committee, I have reviewed this with Dave Hempel and we both agree that the previous committee arrangement worked best. I believe it is beneficial to have each of the requests reviewed II by a committee of specialists who arrive at a joint conclusion rather than one independent department making a judgement. Although this may result in some unavoidable delays in processing these I requests, I believe that administratively this can be handled. I therefore would strongly encourage and support the re-establishment of the Traffic Safety Committee, having a member from the Engineering Department, Public Safety Department and a representative from the community to deal with these matters. As you and I discussed today, I also believe it would be beneficial I for us to hold a workshop session with the Public Safety Commission, Traffic Safety Committee and the City Council to review the aspects of traffic signage and enforcement in light of I our recent Pheasant Hill subdivision response from MnDOT and the current signage which was done for the school zones on Kerber Boulevard. I believe a- session of this nature would be very beneficial for all individuals involved with these decisions to I understand that there are rules to be followed and there is a need to be consistent and not arbitrary in this matter. As appropriate, I believe we could get representatives from MnDOT ' and the City Attorney's office to attend to discuss the various legal and agency inputs involved in these decisions and in general would be a very profitable exchange for all of us. I look forward to chatting with you further so we can get • something scheduled perhaps after the upcoming election. ktm I c: Dave Hempel , Sr. Engineering Technician Don Ashworth, City Manager 11 ec_ "474 ' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Knutson (612)456-9539 Thomas M. Scott Facsimile(612) 456-9542 Gary G. Fuchs James R. Walston Elliott B. Knetsch Dennis J. Unger October 15, 1990 i 1 1 ECKANKAR 3001 Louisiana Avenue North New Hope, MN 55427 1 Re: City of Chanhassen vs. Eckankar Court File No. 89-25440 1 Dear Sir/Madam: This letter is to advise you that pursuant to Minnesota Statutes Section 117. 042, the City of Chanhassen intends to take 1 possession of the land described on the attached "EXHIBIT A" ninety (90) days from the date of service of this letter. This procedure is known as a "quick-take". Before the City can take possession of 1 the land, the City must pay you, either directly or by depositing with the Clerk of District Court, the amount equal to the City's appraisal for the property and interest taken. ' Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 1 By: GARY G. FUCHS Chanhassen City Attorneys IGGF:clk Enclosure: EXHIBIT A c: Mr. Don Ashworth Mr. Peter Beck RECEIVED ' OCT 1 61990 CITY OF Lrtruvt-1ASSEN 1 Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 1 (C: (1) EXHIBIT A All that part of TRACT B, REGISTERED LAND SURVEY NO. 88, files of the Registrar of Titles, Carver County, Minnesota, which lies southerly and easterly of the following described line and its extensions: Commencing at the most southerly corner on the easterly line of said TRACT B; thence on an assumed bearing of North 0 degrees 37 minutes 28 seconds East, along said easterly line of TRACT B for 1000.00 feet to the actual point of beginning of the line to be described; thence North 89 degrees 22 minutes 32 seconds West for 675.00 feet; thence South 27 degrees 37 minutes 28 seconds West for 1185.04 feet to the southerly line of said TRACT B and said line there terminating. 1 i 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attorneys at Law ' Thomas J.Campbell Roger N. Knutson Thomas M. Scott (612)456.9539 ' Gary G. Fuchs Fax(612)456-9542 James R Walston Elliott B. Knetsch Gregory D. Lewis ' Dennis J. Unger October 4, 1990 Mr. Gerald S. Duffy Mr. Anthony J. Gleekel 1 Siegel, Brill, Greupner & Duffy, P.A. Attorneys at Law 100 Washington Square, Suite 1350 Minneapolis, Minnesota 55401 1 Re: Moon Valley Aggregate, Inc. v. City of Chanhassen Our File No. 12668/201 1 Dear Messrs. Duffy and Gleekel: Enclosed herewith and served upon you by United States Mail 1 please find defendant's Answer to the Complaint in the above entitled matter. Very truly yours, C. -BELL, 4, SON, S OTT _ y - , P.A. 1 By - , - -r N. Knutson RNK:srn Enclosure cc: Mr. Don Ashworth 1 RECEIVED ' OCT 1 61990 CITY Ut C.t-ir►ivnti SEN 1 1 Yankee Square Office III • Suite 202 . 3460 Washington Drive • Eagan, MN 55122 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT 11 CASE TYPE: 10/DECLARATORY JUDGMENT Court File No. , Moon Valley Aggregate, Inc. , a Minnesota corporation, 1 Plaintiff, vs. ANSWER 1 City of Chanhassen, Defendant. Defendant City of Chanhassen for its Answer to the Complaint ' in the above entitled matter states and alleges: 1. Denies each and every allegation of the Complaint except I as specifically admitted or otherwise answered in the succeeding paragraphs of this Answer. , 2. States that it has insufficient information or belief to form an opinion as to the truth of the allegations in paragraphs 2, 5, 7, and 14, and therefore denies the same and puts the plaintiff to its proof. 3. Admits the allegations of paragraphs 3 and 10. ' 4. Admits the allegation of paragraph 4 that the plaintiff has adopted a zoning ordinance, but is not aware of what ordinance, if any, the "land use" ordinance refers to. , 5. Admits the allegation of paragraph 9 that the ordinance applies to the mineral excavation on the plaintiff's property, but I denies that it was designed just to apply to that property. I 6. Rejects the plaintiff's characterization of Ordinance No. 128 in paragraphs 11 and 12 as inaccurate and incomplete and states 1 that the content of the ordinance speaks for itself. 7. States that it is unaware of what memoranda is referred to iin paragraph 15 and therefore denies the same and puts plaintiff to its proof. 1 ADDITIONAL DEFENSES ' 8. The Complaint fails to state a claim upon which relief can be granted. 9. The alleged controversy upon which the Complaint is based is not ripe for adjudication. I10. Plaintiff has not exhausted its administrative remedies. WHEREFORE, defendant prays the judgment of the Court: 1 1. Dismissing the Complaint with prejudice and on its merits. ' 2 . Awarding the City its costs and disbursements incurred in defense of this action. ' Dated: October 15, 1990. ' BELL, ' SO , SCOTT ' & FU - = , P. . y ' B .. ER N.'" ' TSON, #57186 THOMAS M. SCOTT, #98498 Attorneys for Defendant 3460 Washington Dr. , Suite #202 Eagan, MN 55122 Telephone: (612) 456-9539 RNK/srn i -2- 1 1 ACKNOWLEDGEMENT 1 Defendant City of Chanhassen, by and through its undersigned 1 attorneys, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party pursuant to Minnesota Statutes Section 549.21, Subd. 2. 1 Dated: October 15, 1990. PBELL, 4 SON, SCOTT FUCH , P.A. By, •• ER N. KNUTSON, #57186 THOMAS M. SCOTT, #98498 Attorneys for Defendant 3460 Washington Dr. , Suite #202 Eagan, MN 55122 Telephone: (612) 456-9539 1 1 1 1 1 i 1 1 1 -3- i _ 1 CITY 0 F I , , ,j: . „.....,, ‘ . st- .--.4.,‘ -, - . -- , , . .0 fo.or CHANHASSEN ... .,, , :,. _" ;-? . . 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 • 1 October 23, 1990 1-ace co I'4- 0e 4r'• X"- Ieaar It,-04 -t yo 427-ce /. Mr. Bob Topinka, President C c 1?"Lo-, `/ "fit II Ms. Marilyn Farniak, Gambling Manager Chaska Lions Club 413 Chestnut Street f Chaska, MN 55318 IDear Bob and Marilyn: /°/2'3A o II am writing you with mixed emotions. I am sorry to hear that conflicts at the Chanhassen Bowl have prompted you to discontinue your charitable gambling operation at that location. However, in I the same moment I am truly moved by the magnitude of your contributions to the City of Chanhassen and it's Park and Recreation Department. Your contribution of $82, 900 to the Chanhassen Park and Recreation Department has enabled the city to better meet the recreational needs of a growing community. This 1 " money has been used to help finance the installation of children's play areas, outdoor basketball courts and tennis courts. Other projects, including the refurbishing of neighborhood balifields, have greatly benefitted from this program. I would also like to congratulate you on the good things you are I doing for our neighboring cities of Chaska and Victoria and with School District 112. The Independent School District 112 endowment fund is truly a special program which will live on as a legacy to 1 the generosity of the Chaska Lions Club. Please acknowledge the entire membership of the Chaska Lions for their accomplishments. I Again, it is with a blend of sorrow and good memories that I accept this news. I also wish the Chaska Lions continued success in all their pursuits. ISincerely, ;W:// 1 Todd Hoffman Recreation Supervisor cc: City Council - I Park and Recreation Commission 11 I i • cN HARVEY G. SWENSON, MAI REAL ESTATE APPRAISER•CONSULTANT 6100 GREEN VALLEY DRIVE MINNEAPOLIS,MINNESOTA 55438 1 (612)830-9003 ' APPRAISAL OF 1.6 ACRE LAND PARCEL SITUATED TO THE REAR OF LOTUS LAWN AND GARDEN CENTER CHANHASSEN, MINNESOTA PREPARED F R MR. DON ASHig3Fall, CITY MANAGER CITY OF CHANMSSEN 690 COULTER DRIVE Cf ANHASSEN, M N/WM 55317 iI DATE OF APPRAISAL OCTOBER 19, 1990 CUR FILE NUMBER 90502 _1 I • I I I HARVEY G. SWENSON, MAI REAL ESTATE APPRAISER•CONSULTANT 6100 GREEN VALLEY DRIVE MINNEAPOLIS,MINNESOTA 55438 i (612)830-9003 ` 1 l . 11 j October 23, 1990 11 ' Mr. Don Ashworth, City Manager City of Chanhassen II I 690 Coulter Drive Chanhassen, Minnesota 55317 II RE: 1.6 Acre Land Parcel Situated to the Rear of II tutus Lawn and Garden Center 1 Chanhassen, Minnesota Dear Mr. Ashworth: I ' At the request of Mr. Todd Gerhardt, an appraisal of this real estate has been completed after a personal viewing of the property and the Highway 5 II Icommercial/industrial neighborhood in which it is located. The subject site is currently owned by the City of Chanhassen and is II Iutilized mainly as a storm water drainage ponding area/open space site. There is also interest from the adjacent light industrial property owner II I located immediately to the east, Redmond Products, Inc;, to acquire fee title to this site - subject to retaining the existing stony water poaxut g use - in order to obtain a large enough overall site that would meet the 70% =drum lot coverage requirement of the zoning ordinance in an Industrial Office Park (IOP) District relative to their proposed expansion plans. I There appears then, to be at least two levels of utilization or usefulness attributable to the subject site: I I1. Utility, or usefulness, to the City of its present use, and 2. Utility, or usefulness, to the adjacent property owner to help II implement a planned expansion. I The basis of value for any property, largely relates to its "usefulness" or "utility". II I Page 2 Mr. Ashworth When a city acquires lower elevation wetland type properties, they are normally able to do so at prices at the lower end of the range of values for land within the immediate area - because of the general lack of "utility" or "usefulness" and practical alternative economic uses of that type of land. On the other hand, if an industrial property owner wishes or needs to expand, and does not own or otherwise control enough additional land necessary to accommodate that expansion, any available expansion land normally takes on even greater "utility" or "usefulness" - at least to that,one buyer, and especially if there is only one such site effectively available for that purpose. These conditions then generally lead to the "captive buyer" paying a premium for the needed or potentially usable adjacent property. In the situation under consideration here, the subject property is not the only possible abutting expansion land potentially available, but it may be the more readily and affordable available land. The other potential expansion land is the 2.1+/- acres located immediately south of the subject property owned by Jay Kronick and currently used for his Lotus Lawn and Garden Center. This "front" portion has better visibility, accessibility, soils, and much better overall "utility" or usefulness" as compared to the subject property, however it may not be "effectively" available due to pricing and/or timing aspects. Also it should be recognized that the "utility" or usefulness" of the subject property is much more restrictive or limited. It may not be used for any actual physical and utilitarian building or parking lot expansion - but only for purposes of meeting a maxim mm lot coverage requirement. This feature alone, however, may be itself have considerable value if it allows one to accomplish this expansion whereas that expansion might not otherwise be accomplished without delay or additional expense. Approach Used to Estimate the Value of the Subiect Property 111 The market value of the subject property has been appraised using the normal anus length willing buyer/willing seller definition and standards found on page 3 in the attached appraisal report, entitled "Definition of Market Value". I Page 3 Mr. Ashworth Under this scenario, the transaction is deemed to be consummated between two fully informed, knowledgeable, pnxient parties - both equally motivated • and both acting without undue stimulus or pressure. I Applyg this, in my opinion, first requires both fully informed knowledgeable parties to view the relative respective values that the property has to: 1. 'Themselves, and 2. The other party to the transaction Once these steps are completed, both parties - neither under undue stimulus, or pressure to act - would then on sane reasoned and equitable basis arrive at a price or "market value" reflective of the relative benefits obtained and/or retained by them in the transaction. I Respective Estimated Values 1 1. Estimated market value based on Utilization Program 1 For use by the City for storm water drainage and similar uses. Forty wand Dollars $ 40,000 1 2. Estimated market value based on Utilization Program 2 To help implement expansion for the abutting industrial Ply, and reflecting a 20% to 25% premium price over and above the indicated market value of similar tindustrial land having sold recently within the immediate area. IOne Hundred amity--five Thousand Dollars $125,000 1 Estimated Arms-Length Market Value Considering the Estimate Respective Relative Values Above 1 In my opinion, once the parties were to arrive at the relative values of the subject property to both themselves and also the other party, the following I 1 or similar reasoned and equitable market value determination process would take place, resulting in an arms-length negotiated price or "market value" for the subject property. 1 Page 4 Mr. Ashworth ;stimated Arms-Length Market Value Considering the x:stimate Respective Relative Values Above Cont'd 1. Value to the abutting owner under Utilization $125,000 Program 2 2. Less, relative value to the City under Utilization Program 1, recognizing that this actual use and benefit to the City will be continued (40,000) 3. Estimated market value or price to be paid by the abutting owner to the City, reflecting the relative benefits obtained and also retained by the parties $ 85,000 Conclusion of Market Value of the subject property as of October 19, 1990 for the purposes and between the parties described herein: Eighty-Five Thousand Dollars $85,000 This estimate of market value is further conditioned on the °Key Assumptions" set forth on pages 6 and 7 in this report. Reasonable care has been exercised in verifying the factual data set forth in the report and is judged and assumed to be reliable. This appraisal is made subject to certain assumptions and limiting conditions which are submitted in the following report. The attached report identifies and describes the real estate and presents some of the data considered as well as the valuation analysis and conclusions. Sincerely, SWENSON & ASSOCIATES r r � // I Harvey G. - •n, MAI, RM HS/jkg I II II TABLE OF CONTENTS paae No. II IIPHOTOGRAPHIC VIEWS OF SUBJECT 1-2 PROPERTY RIGHTS APPRAISED 3 II I PURPOSE OF APPRAISAL 3 DEFINITION OF MARKET VALUE 3 1 II PROPOSED SITE PLAN, REDMOND PRODUCTS, INC 4 SITE DATA DESCRIPTION, REDMOND PRCCUCIS, INC. 5 II KEY ASSUMPTIONS 6-7 1 HISTORY OF THE SUBJECT PROPERTY 8 SCOPE OF THE APPRAISAL 8 II 11 METROPOLITAN AREA 9-10 CITY MAP 11 1 1 THE CITY AND NEIGHBDPJ3OOD 12-15 TRUNK HIGHWAY REALIST MAP 16 1 11 SITE DESCRIPTION 17-18 IOP INDUSTRIAL OFFICE PARK DISTRICT ZONING RDQUIREKER S . . . 19 II SURVEY MAP 20 1 SITE PLAN MAP 21 LEGAL DESCRIPTION 22 1 1 REAL ESTATE TAXES 23 OPTIMAL, OR HIGHEST AND BEST USE OF THE SUBJECT SITE 24 1 1 VALUATION METHOD TO BE USED 24 LAND VALUE ESTIMATES 25-26 1 1 LAND SALES 27-30 LAND SALES MAP 31 II SUMMARY OF MARKET VALUE CONCLUSIOONS 32-33 1 APPRAISER'S CERTIFICATION 34 CONTINGENT AND LIMITING CONDITIONS 35 II 1 APPRAISING/C NSULTING QUALIFICATICNS OF HARVEY G. SWENSON 36 II 1 II 1 II 1 II II II ill -.:: :,,•-_- - r : sue. s =_ =-- ilk . _ t - - . View looking southwesterly from rear of Redmond site toward subject 1.6 acre City of Chanhassen site. ' was. ' e 1' ` �.J J. � , t J � /1.; , —. "' --'-_-° mss,- . t # L l f 1~ t t,, s''' ;;i '% 'f ki,i, •tri1 �E 7- t F: .t s r - sue. t . . • 1. -;,.-.. g. . I.. -oft . .� -: .4 ,T_ S'a ' e-1-"A. ill Close up view of subject property frc*n northeast corner showing the easterly water ponding area and the center street and utility easement ridge. ( Photograph Views l 'p1 I3: -'r — - .�.•� -c-sec '" ' '`�..,� y ,*b `. -a tere.-, r - mumew t Redmond IX „vvillOrnirgrIPPIIIIIIIIVIIIIII". 111111111.111111111111111111111""r.."111.1.1."111".... - Products, Inc. at 18930 West 78th Street, the north I In frontage road to State Highway 5 IN t 6 . 1 .., . i (....- ._ _ .,.. ... •._ . i. ._- ,.. 1111 _ ,-...a‘ .. - ...,_, _ --N.- I II 1 Mil . • • i allir-41.' .-.-, 1E1 • -4.-.---.4---- ---,• .,-,-. tiluil! II - I• - I MIRear portion of Redmond site adjacent to the railroad right-of-way to the left side in photograph. II ( Photograph Views - . - -5 - 111111! CHANHASSEN CITY OF 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Paul Krauss, Planning Director FROM: Jo Ann Olsen, Senior Planner ` cx, DATE: October 10, 1990 SUBJ: Excelsior Comprehensive Plan Amendment ' I have'reviewed the Excelsior Comprehensive Plan Amendment and have found it to not affect Chanhassen. The Comprehensive Plan provides general descriptions of land uses and focuses primarily on the downtown area, the attraction of the lake and improving the accessibility to and from the city. The Comprehensive Plan reviews improvements to Hwy. 7 as proposed by the TH 7 Corridor Study which would close some direct access from Hwy. 7. The Comprehensive Plan ' stresses the importance of existing businesses along Hwy. 7 continuing to have sufficient accessibility and states the right to work closely with MnDOT in the final design layout stage to ' maintain reasonable and efficient access to properties presently served by TH 7. 1 1 1 1 1 1 11 CITY OF EXCELSIOR • 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE 612-474-5233 OFFICE OF THE CITY MANAGER October 5, 1990 I TO: ✓City of Chanhassen, Don Ashworth, City Administrator City of Deephaven, Wendy Anderson, City Administrator City of Greenwood, Wendy Anderson, City Administrator City of Shorewood, Larry Whittaker, City Administrator City of Tonka Bay, David Callister, City Administrator School District No. 276, Don Draayer, Superintendent Lake Minnetonka Conservation District, Gene Strommen, Chairman Mn DOT, Golden Valley, Attn: Scott McBridge Metropolitan Waste Control Commission, Attn: Ed Bloom Regional Transit Board, Attn: Gregory L. Andrews Hennepin County, Mark Andrew, Chairman Tad Jude, County Commissioner Hennepin County Regional Railroad Authority, Attn: Kenneth E. Stevens Minnehaha Creek Watershed District, James R. Spensley, President, Board of Managers According to State Statutes and Metropolitan Council I Guidelines the City of Excelsior has recently updated its Comprehensive Plan to conform with the latest Metropolitan System Statements. As neighboring municipalities or governmental units having jurisdiction within Excelsior we are submitting a copy of the Comprehensive Plan 1990 Update to you for review and comment. Please return any comments you have to me within 45 days - I November 13, 1990. Thank you. The City Council will consider your comments and adopt the final Comprehensive Plan before year's end. Sincerely, Gre ofy S. Withers City -Manager I GSW:cj Enclosure RECEIVED OCT 0 9 1990 I Cfl ur L,I-fr IYi1h. EN I 1 11■■••• ta; 1 r� • -ti• City- Cit of Excelsior Comprehensive Plan 1990 Update 1 1 1 1 1 i 1 1 W - Westwood Professional Services, Inc. 1 14180 West Trunk Highway 5 Eden Prairie, Minnesota 55344 1 • 612/937-5150 • September 18, 1990 CITY OF EXCELSIOR I COMPREHENSIVE PLAN UPDATE SEPTEMBER 18, 1990 1 ACKNOWLEDGEMENTS The following people have contributed to the development of the Comprehensive Plan Update for the City of Excelsior: CITY OF EXCELSIOR Mayor James R. Olds, Jr. CITY COUNCIL MEMBERS ' Lucille Crow Rod MacPherson Dan Ryerson Patti Sue Selseth PLANNING COMMISSION MEMBERS Lynn Johnson Bill Mason Linda Putnam Wallace Roepke Jack Rosberg, Chair Paul Stark Ken Wiley CITY STAFF I Greg Withers, City Manager Carl Zieman, Public Works Director PLANNING TEAM WESTWOOD PROFESSIONAL SERVICES, INC. ' Allan Klugman Tim Erkkila CROUCH CONSULTANTS, INC. Kermit Crouch 1 1 I • TABLE OF CONTENTS I ' This Comprehensive Plan is prepared as an update to the December 1980 Comprehensive Plan. Page No. ' Acknowledgements 1 Table of Contents 2 Population, Households and Employment Forecasts 3 City-Wide Land Use Plan 4 Downtown Land Use Plan 6 Background Downtown Sectors ' Downtown Land Use Objectives/Policies Downtown Land Use Plan by Sector • Downtown Parking ' Community Facilities 14 Park/Recreation/Open Space Plan 17 Historic Facilities 21 ' Transportation Plan 22 Wastewater management Plan 29 LIST OF EXHIBITS Generalized Land Use Plan 13 Road Classification System 23 1 1 i2 1 1 POPULATION, HOUSEHOLDS AND EMPLOYMENT FORECASTS The household forecasts contained in Excelsior's 1980 Comprehensive Plan (pages 19 and 20) were prepared by the Metropolitan Council in 1978 before the 1980 Census was undertaken. The household forecasts for 1990 proved to be fairly accurate, but projections of population were overstated due to the decrease in household size during the 1980's. Employment forecasts were significantly low compared to the actual number of jobs. Metropolitan Council's forecasts for Excelsior contained in its 1986 11 Metropolitan Development and Investment Framework (MDIF) are as follows: 1980* 1990 2000 2010 1 Population 2523 2900 2750 2900 Households 1149 1400 1400 1500 Employment 3000 3000 3000 3000 *1980 U.S. Census Metropolitan Council's current estimates (April 1989) of population and , household in Excelsior are as follows: Population 2530 i Households 1266 Over half of Excelsior's housing inventory is multiple family housing (apartments, condominiums, townhouses, etc.) as opposed to single family detached houses. As a result, the average household size is relatively low at 2.2 persons per household in 1980, and currently estimated at 2.0 persons per household. For planning purposes, Metro Council's 1986 MDIF forecasts will be used although population projections may be somewhat overstated. Since Excelsior is essentially fully developed in terms of residential growth, relatively little increase over today's population/household levels is anticipated. • 1 I 3 i 1 - USE P CITY-WIDE LAND II PLAN ' While general patterns in land use in Excelsior have been quite established, some recent trends have been observed as the economy of Excelsior shifts from an industrial to a retail/tourism base. These trends include: ' 1 . A decline in industrial land use 2. Greater use of multiple family dwellings 3. Conversion of older structures (often residential) to retail or ' office 4. Increased interest in non-C.B.D. freestanding retail uses ' These overall trends, plus the two underlying local goals (preservation/ protection of residential areas and the preservation/protection of the Central Business District) are reflected in the 1990 Land Use Plan. The complete ' elimination of Industrial land use designation and the addition of a retail transition zone and office/residential transition zone are new features of this plan. The plan elements are supported by the zoning map and ordinances. The land use category definitions are: COMMERCIAL ' Central Business District (CBD) The Downtown (or CBD) of Excelsior is generally contained within a four block area flanking Water Street from the Excelsior Bay to the rail corridor. The area contains the highest density of commercial activity. The Central Business District designation conveys a particular importance as the retail hub of the community, but Downtown Excelsior functions as a retail center for ' an area beyond the City itself. Its proximity to Lake Minnetonka, and distinctive atmosphere have made it a center of subregional importance. Therefore, it is vital to treat Downtown as a separate and distinct area, so that the unique characteristics of this zone are retained. The downtown area has buildings of one and two stories which have architectural significance. Front and side setbacks are generally zero feet. Parking is provided either Ion-street or on the back side of lots. This district was expanded to include land previously zoned industrial south and west of Third on Water Street (see graphic on page 13) . ' Retail Transition Zone (RTZ) The area that flanks Downtown on the east side acts as a transition zone between the Downtown area and the surrounding residential areas. The Retail Transition Zone extends some of the characteristics of Downtown such as retail concentration, building heights, and zero front setbacks. Rear parking may or may not be a characteristic of this zone as it is in the C.B.D. Any development must make contextual acknowledgements of neighboring uses, architecture, and cultural significance. Office/Residential Transition (ORT) -- - The Office/Residential Transition Zone occupies the area between Downtown and ' Trunk Highway 7. This zone will also function as a transition between Downtown and surrounding areas. In this zone numerous residential structures ' 4 11 have been converted to office uses. Office and residential seem to mix well. The area will also acknowledge unique features and characteristics of adjoining areas. Freestanding General Business (FGB) This land use includes commercial areas outside of C.B.D. such as Water Street and Second Street. Generally commercial densities are lower, have off-street parking and are oriented along street corridors. Building setbacks are greater in this area, allowing easier automobile access. RESIDENTIAL 1 Low Density Residential Type 1 (LDR-1 ) Low Density Residential Type 1 zones occurs on the south side of the City and also on the northeast side along the shore of Lake Minnetonka. This land use category consists of entirely single family detached housing. The lot sizes vary, causing the density to vary, but the use is consistent. As the lowest density land use category, it is typically intended for areas with interrupted or limiting road patterns. Building heights are less than three stories. Low Density Residential Type 2 (LDR-2) 1 This land use category occurs in one large area in the northwest portion of the City. Low Density Residential Type 2 includes single family detached homes and duplexes. Similar to LDR-1 , the lot sizes (and densities) may vary but the use is consistent. Architecturally, this land use category appears identical to LDR-1 . The duplexes are distinguished only by double entries and street addresses. Medium Density Residential (MDR) The Medium Density Residential zones occur at the west and east sides of Downtown in close proximity to the proposed LRT corridor and TH 7. This land use category includes single family detached homes, duplexes,• four-plexes and six-plexes up to a maximum density of 5.1 dwelling units/acre and a maximum of two stories. The higher allowed densities of these areas will relate well to the commercial areas surrounding them. High Density Residential (HDR) High Density Residential Zones occur on the north and east sides of downtown and along Lake Minnetonka. Permitted densities include apartment buildings and condominiums up to 15-18 dwelling units/acre. Building heights are not to exceed 35 feet. Here also, the High Density Neighborhoods abut business uses and are logical buffers between commercial areas and low density housing. PARK/OPEN SPACE (POS) ' This land use category includes City park land, the cemetery and undevelopable storm water ponding areas. These areas provide "green space" and spatial relief in the developed portiogs of the City. I 5 i DOWNTOWN LAND USE PLAN 1 BACKGROUND ' Even though Excelsior has been engulfed by metropolitan area expansion in recent years, it has maintained its small town character and flavor, and also retains a downtown area with strong identity. But like many other downtown areas, it is feeling the effects of competing shopping centers to the east and west on TH 7. The Excelsior Chamber of Commerce mailed a "Dream 2000 Survey" to area residents in 1989. The survey included questions that asked what residents like about Excelsior as well as what they object to about Excelsior. A condensation of these perceived strengths and weaknesses is listed below. ' Strengths: 1 . Small town atmosphere/quaintness/uniqueness/charm 2. Compact, storefront, pedestrian scale 3. Old and new combination-historic flavor 4. Lake view/awareness/commons park ' 5. Sidewalk strolling/trees 6. No through traffic 7. Entrance triangles: Men's Garden Club ' 8. Quality stores, variety, not too expensive 9. Generally good transition to adjacent residential areas 10. Traditional downtown: includes city hall, library, fire station, churches, schools and post office ' 11 . Public parking lots in the B1 District 12. Historic flavor/respect for history ' 13. Restored/remodeled buildings 14. Generally clean downtown area and clean beach/park area 15. Downtown activities: For example Apple Days, Heritage Days, Halloween parade, fireworks, art fair, Crazy Days and Fireman's brats and dance ' 16. Summer atmosphere and people mixture 17. Full-service town, convenience of stores 18. Attraction of people on bteekends 6 Weaknesses: 1 . Unclear/confusing entrances to downtown, how to get in and out? 2. Railroad/industrial divider: Negative image I 3. Unattractive gas stations at Water and 3rd Streets - breaks up storefront continuity of Water Street I 4. Unattractive, under utilized outdoor storage areas, particularly along the former rail line 5. 3rd Street storage sheds, trucks, old deteriorated houses. 6. Tall lakeshore multiple family buildings obstruct view from downtown ' 7. Lack of evening dining/restaurants 8. No supermarkets, limited choices for food purchases 9. Some building facades on Water Street need improvement 10. Blurred retail image, mixed signals 11 . Non-retail businesses on Water Street I 12. Need additional, more complete line of shops 13. Lack of parking 1 14. Truck and equipment night-time parking 15. Lack of upkeep in downtown area 16. Too many multi-family dwellings I 17. Poor rear entry appearance from parking lots The above listing of strengths and weaknesses was derived from a variety of sources. It is interesting to note that some people's' perception of downtown differ from others. For example, some feel that downtown Excelsior is clean and others note that there is a lack of upkeep. Also, some feel that a wide variety of store types exist while others feel the need for additional businesses. I I 1 7 II II DOWNTOWN SECTORS The downtown commercial area of Excelsior is concentrated generally between II TH 7, Excelsior Bay and westerly to businesses on the west side of Water Street. Within this general triangular area there are six identifiable commercial sectors. They are as follows: II 1 . Water Street North, between Lake and 3rd Streets: this is the most compact and the most pedestrian oriented part of the downtown. II 2. Lake/2nd Streets, east of Water Street to the Captain Johnson Memorial: contains solid commercial frontage south of 2nd Street and mixed residential/commercial between 2nd and Lake Street. II 3. Former Rail Corridor: includes properties on either side of the former rail line. Contains mixture of commercial, industrial and residential land uses. II4. Water Street South: zoned B2 and contains several free standing businesses with private parking lots as well as some businesses in 1 converted residential structures. 5. TH 7 frontage between the elementary school and the Mill Street bridge: II contains several free standing businesses that depend primarily on business generated from highway traffic. 6. Old Amusement Park: contains Excelsior Bay Yacht Club, former Mai Tai IIRestaurant and an office building. II DOWNTOWN LAND USE OBJECTIVES/POLICIES The following is a list of general objectives and policies relating to the overall downtown area. The subsequent section will discuss more detailed IIplans and directions for each specific precinct of the downtown. 1 . Improve the physical appearance/image of Excelsior's business areas. I2. Improve the capacity of the City and the business community to address development opportunities through sound planning and increased II cooperation. 3. Maintain and strengthen Excelsior as a full-service business community I with accommodations for the seasonal nature of some of the commercial uses. 4. Remove the real and psychological barrier created by the rail/industrial I corridor which currently divides the north and south Water Street commercial areas. Encourage redevelopment of uses along Water Street __within the I District so as to take on the character of the B1 District, II and to serve as a unifying element between the north and south Water Street areas. II . II 8 I 5. Preserve the concentration of government services within downtown Excelsior in order to maintain the City's status as the principal government center for the South Lake Area, to mutually benefit the users of both commercial and government facilities in terms of convenience and efficiency, and to maintain a strong downtown identity. 6. Work with Mn/DOT and Hennepin County to achieve clearly defined and convenient access points to downtown Excelsior from T.H. 7 and from 'relevant County highways. 7. Encourage residential use above the first story within downtown commercial areas. 8. Strengthen the fairly well defined business and commercial areas of Excelsior, and prevent potential conflicts with the residential areas by creating buffer strips between the houses. 9. Encourage restoration or renovation of older downtown buildings to reflect their original design and character. Encourage facade improvements which reflect the early history of the City, but also promote a variety of facade designs to create interest and texture. Additions to historic structures should be sympathetic to the design of the structure and to surrounding properties. 10. Preserve structures of unique historic/architectural value and encourage their adaptive re-use in order to maintain the historic character and fabric of the downtown. 11 . Encourage the retention and adaptive re-use of single family dwellings 1 within the downtown area, if such dwellings have significant historical/architectural value and will contribute to the desired small town/historic character. 12. Limit building heights in downtown Excelsior to 35 feet or three stories in order to maintain the desired small town/pedestrian scale and character. 13. The existing view of the school tower dome (temporal symbol) and the church steeple (spiritual symbol) from both the road and the water should be retained as new development and redevelopment takes place in the downtown area. 14. The lake and boat docks at the end of Water Street should make a 1 statement about Excelsior since they mark the end and the beginning of "Main Street". 15. Preserve and emphasize the garden spaces at the entrances to downtown. 16. Develop a walking/bicycle trail within the former railroad right-of-way as has been done in neighboring communities. 17. Sufficient, convenient parking is critical to a viable CBD. Multi-use parking is prevalent in the CBD and therefore the City should own and operate parking facilities with the business and/or general community funding the construction, and maintenance financed by the local city 1' 9 1 I businesses. Further planning should be done to locate future facilities and decide on operating policies. 18. The City of Excelsior supports the long-term provision of light rail 11 transit service for the Excelsior area using the former Chicago Northwestern Rail corridor. DOWNTOWN LAND USE PLAN BY SECTOR The type and pattern of proposed land uses is summarized below according to the six different downtown sectors and is graphically shown on the following page. 1 . Water Street North This is the downtown core of Excelsior comprised of buildings dating back to 1880. The ambiance which is engendered by the old one and two story buildings with brick facades, and intimacy of public space framed by the buildings should be maintained and enhanced. Land uses along Water Street should be primarily of a retail basis with high frequency purchase businesses encouraged. Office space not oriented to customer service on the ground floor should be discouraged. Mixed uses including retail with apartment or office space above should be II ' permitted. The goal should be to achieve and maintain a pedestrian- oriented shopping street. Properties along Water Street between Lake and Third Streets should be constructed with a mandatory zero front lot line and with two and three story facades. Building materials should be the same as or complementary to existing structures. ' The municipal parking lots on either side of Water Street should be connected to Water Street sidewalks by an expanded pedestrian walkway ' system. The lots themselves should be enhanced by placing utility lines underground, by providing trees and shrubs and landscaped islands, by providing conveniently located refuse collection facilities, and by providing better lighting and signage. Rear building entrances should rbe provided and made attractive to use. Through traffic should be de-emphasized on East and West Drives, and conversely, access to the municipal parking lots should be emphasized. 2. Lake/Second Streets, ' In general, a mixture of retail, service and office use should be encouraged. ' The area between Lake and Second Streets is currently under-utilized. This area is one of the few in the downtown that enjoys a clear view of Excelsior Bay between the two multiple family housing complexes. Entertainment facilities and restaurants should be encouraged in this sector. Buildings should be allowed to set back from the front lot line so as to create opportunities for courtyard type public spaces. I 10 • The mixture of office/retail south of Second Street should remain with an emphasis on office/professional services. Off-street parking should be provided in public or common joint use lots as opposed to each business being required to have its own separate private parking. 3. Former Rail Corridor I This sector contains a mixture of retail, service/office, light assembly and storage and older deteriorated single-family housing. The area is generally under-utilized and several of the properties present a rather negative visual appearance due to the presence of outdoor storage sites and unmaintained buildings. In general, industrial uses should be phased out in favor of more relevant, traditional downtown commercial uses. The Water Street frontage should be developed as an extension of the Water Street North/B1 District. Zero lot line buildings with two story facades should be encouraged so as to provide a continuous connecting link between the north and south Water Street sectors. Retail uses should be encouraged on Water Street with commercial service/office uses permitted further east and west of Water Street businesses. Medium density housing may be appropriate at the east and west edges of the district near Center and Morse Streets. The two gas stations on Third Street are generally perceived as a negative visual feature in downtown. The small one-story gas station buildings set back from Water Street contrast sharply with the continuous two-story zero lot line buildings to the north. The gas stations should be relocated to another, more appropriate, location, and their sites should be rebuilt to more closely conform to the character of the Water Street North continuous building facades. 4. Water Street South This area is zoned B2 and contains several free-standing larger businesses with private parking lots as well as some businesses in converted residential structures on small lots with limited parking. This is a main entrance to downtown and has easy access to County Road 19 and Highway 7. As a result, this sector has greater volumes of traffic than the Water Street core shopping area to the north. The established pattern of individual free-standing businesses should be continued. 5. T.H. 7 Frontage Businesses The area north of T.H. 7 between the elementary school and the Mill Street Bridge contains several free-standing businesses that depend primarily on the highway to generate business. Mn/DOT's long-range plan for improvements to T.H. 7 calls for elimination of the Morse Street access to T.H. 7 and probable elimination of private driveway accesses from the highway to the 'businesses. This improvement plan is not within 11 Mn/DOT's five year program but could be accomplished sometime during the 1990's. While the proposed highway improvements will benefit the traveling public and will reduce safety hazards, such a project would have obvious negative impacts on the businesses. The land use plan recognizes the existing businesses and endorses their continuation, but also recognizes ' that commercial activity in this area may not be able to be maintained to the same degree if and when the highway improvement is undertaken. 6. Old Amusement Park The old amusement park property has been redeveloped over the years for condominium housing, a yacht club, a restaurant and an office building. The restaurant has been closed since the mid-1980's and potential redevelopment of that site has been discussed in recent years, with another restaurant being a possibility. In general, entertainment, office, non-retail establishments should be encouraged to develop in this area. ' DOWNTOWN PARKING The City of Excelsior took the lead in 1956 and created two municipal public parking lots within the core B1 District. Another long-term parking lot is now being proposed within the former rail right-of-way to relieve the two existing lots of long-term parking use. 1 The parking standards for commercial development in the zoning ordinance are appropriate for free-standing commercial sites but are not appropriate for an older traditional downtown area. The objective to preserve and strengthen the compact pedestrian-oriented shopping district does not go hand-in-hand with a requirement for each individual business to have its own parking. The parking standards in the zoning ordinance for commercial uses should be relaxed for the North Water Street and Lake/Second Street Areas in order to allow new development to occur in the pedestrian-oriented pattern outlined in the Land Use Plan. When needed, the City should take the responsibility for providing additional public parking in the CBD. I 12 ,"P �\� K° � ' r POs / \,, ,/ LAKE e'i / 4" roc°''S ` ..7--- �f€\ MrNNETONKA P,� t° /J s . . I, * A .,,Q,,, \ \ .`) / \ /EXCEL S/OM BAY/ l • , .... ..., I t /^\'�___ -- \�! ( /Sl. ALSAN9 SAY/• s.„illk. C''.:1`.. /LDR Or I . , - /'il) ( 40': c)„ *-, 27,,- .N..._,..____ 4,4 0 /MDR e_ RTZ HDR / JHDRLDR1 .. ._' „�._._ -._- 7' CS �° • '. FGB J* T FGB POS - /• \ Y pD 7. w r POS Lam\ MD.. e _.. •s 4.Qr.i ,--- / �, F B Y/ FGB ,,,..�--� ', / � ` s S. 1. lco- - HDR . ..._._ i (.. --- - ' a�( Ittw \ ORT \, . NI "°" - LDR- 0-, DR LDR- \ / L r"1`.."-1 i / . v '` LEGEND i Cy \ \ .. LDR-1 Low Density Res ident'st s *0 p` Hp a {i 1'►�r� LDR-2 Low Density Residential ,,,,,,, --- - ' ` MDR Medium Density Residential f�/- �, l MDR High Density Residential \ \ 4 COD Central Business District j l .rir�a. 1\�- - -- — \ RTZ Retell Mnsltlon Zone __ ,—� ORT Offlee/Reeldenllsl7tansllbn 1/1- FOB Freestanding General Business/ ( POS Park/Open Space Version 3 y Westwood CITY OF EXCELSIOR GENERALIZED LAND USE PLAN 1990 �� / mb.r, N MI m NM N NM am or nu ow as ow um a -. I COmmUNITY FACILITIES The 1980 Comprehensive Plan includes only a brief reference to the "public and quasi-public service opportunities" available in Excelsior. Reference is made ' to the churches, schools, and municipal facilities: City Hall/Library/Fire Station, Police Station and Public Works. The two downtown public parking lots and on-street parking are also mentioned as being important public facilities. Thus, the 1980 Community Facilities "Plan" simply identifies existing facilities but does not describe their present and future adequacy, and does not offer a plan for meeting future requirements. The purpose of this Community Facilities Plan Update is to briefly identify and describe existing municipal and related public facilities and to identify in a general manner the need for new and/or expanded facilities. This ' document is not a plan as such, but it provides a focus and context for more detailed planning in the years ahead. SHARED FACILITIES Due to the relatively small size of the communities around the south shore of Lake Minnetonka, the provision of some public services is currently undertaken on a joint or shared use basis. Public Safety (Police) • The South Lake Minnetonka Public Safety Department (Police) is a joint powers arrangement between Excelsior, Shorewood, Tonka Bay and Greenwood. The City of Excelsior constructed a new Public Safety building at the east edge of the City in 1989 and leases the facility to the joint powers organization. This structure should serve'the needs of the four communities for many years. ' Fire Protection • Excelsior has its own volunteer Fire Department and also provides fire protection to Shorewood, Tonka Bay, Greenwood and Deephaven on a contract basis. Public Works/Streets Although no formal arrangement exists among South Lake Minnetonka (SLM) communities for public works services, the various municipal superintendents and directors have a working relationship whereby personnel and equipment are shared as the need arises. Future Directions In order to conserve financial resources the economy and effectiveness of I municipal services must continually be evaluated by elected officials and the general public. Joint or shared use arrangements as described above could be used as models of providing other municipal services. Increased cooperation of the SLM communities will become more necessary in the future. As service needs escalate and municipalities react to the mandate to reduce duplication of costs perhaps the ultimate level of cooperation will be reached - unity. I 14 • II CITY HALL/FIRE STATION/LIBRARY ' The existing municipal complex in the downtown area on 3rd Street houses the City Hall (administrative offices and Council chambers) , Fire Station and Library. The City of Excelsior owns the structure and leases space to the Hennepin County Library System. Library ! The County feels that its current quarters in the City Hall complex are inadequate in terms of space needs. It would like a facility of perhaps three times the present size. Recent investigations to locate larger quarters in Excelsior have been unsuccessful. A strong library is a very important asset to Excelsior area residents, and is also an important contributor to maintaining and strengthening the health and vitality of the downtown area. It is a key ingredient in expanding Excelsior's role as a "full service" community. The City and business community should actively participate in the County's efforts to locate larger quarters in the downtown area in the early 1990's. 1 City Hall/Fire Station The existing administrative offices and Council chambers are inadequate in 1 terms of size, spatial relationships and handicap accessibility. The Fire Station also needs additional space. The adjacent property to the west has been considered for City Hall/Fire Station expansion, but no detailed studies have been conducted to evaluate that solution. A programmatic needs analysis and feasibility study should be conducted to determine more specific space needs and relationships and to identify and evaluate potential solutions. PUBLIC WORKS I Excelsior's public works buildings and storage site are located at the west edge of the City adjacent to County Highway 19. Excelsior and Shorewood are currently discussing the acquisition and joint use of an outdoor storage area. The Excelsior site is inadequate to accommodate the needs of both communities and is located in close proximity to a single family residential neighborhood. I SENIOR CITIZEN CENTER A portion of the former high school building by Mud Lake is currently used as a senior citizens center but lacks sufficient and relevant space to accommodate the various activities and functions. A larger center designed specifically for' senior citizens usage is desired by Excelsior's older residents. 11 15 1 POST OFFICE The existing post office is located in leased space at the northwest edge of downtown at the intersection of Lake and 2nd Streets. The post office has ' indicated a need for more space designed to better meet its particular needs. While a relation does not appear imminent, the city and business community should become involved in the relocation process to assure that an appropriate facility can be provided in the downtown area. Similar to the library, the post office is an important contributor to maintaining and strengthening Excelsior as a full service community. I 1 I 1 I I I I 1 16 11 1 PARRS/RECREATION/OPEN SPACE PLAN EXISTING FACILITIES , The dominant open space feature and recreational provider in Excelsior is Lake Minnetonka together with its related land based features - most notably the Commons park as well as public and private boat dockage facilities. Several smaller lakes, ponds and wetlands also exist within the City which add to Excelsior's unique charm and attraction. all of the existing public park and recreation facilities in Excelsior are owned and maintained by the City except for open play areas by the school complex which are owned by the School District. The Commons , The Commons is the primary park/recreation/open space facility in Excelsior. It is located at the northwest edge of downtown along Lake Minnetonka on a peninsula between Excelsior and Gideons Bays. The Commons was created by the early founders of Excelsior Village in 1854 and was dedicated for permanent public use. The park is about 20 acres in size and offers a wide range of active and passive uses including tennis courts, ball fields, play areas, swimming beach, walkways, picnic areas, band shell, . pavilion and passive open space. Many special events such as the 4th of July fireworks are held at the Commons. The events and the uniqueness of the park attract significant usage by non-residents; hence, it functions as both a community and a regional park facility. while The Commons has provided .a valuable recreation/open space service to the city and region for many years, some of its facilities are becoming outmoded and are somewhat deteriorated. In addition, the spatial relationships among some of the facilities is rather weak. For example, the children's play equipment is outdated and is situated in scattered locations within the park. Contemporary park developments feature a centralized multi-use play area with more creative modular play apparatus. The Parklands The Parklands is the other significant park/open space facility in Excelsior. It is located at the west edge of the Community south of County Highway 19. Unlike the Commons, this facility is generally passive use in nature as opposed to active use. The Parklands consists of a significant lagoon/wetland surrounded by vegetative cover which together creates an attractive natural setting. Facility developments include a gazebo, skating rinks, garden plots and a walking path around the lagoon. The park includes-some undeveloped land that could potentially be developed for more active use; however, this will depend upon the community's feeling about preserving this facility in its natural state as a predominantly passive use park. 1 17 II Port of Excelsior The term "Port of Excelsior" refers to the land and water area at the north end of Water Street where the historic downtown district meets Lake I Minnetonka. It is City-owned but is not part of the dedicated Commons. The City also owns dock facilities which are leased to private parties with preference given to Excelsior residents. The piers, which are used by the 1 large excursion and charter boats, are also owned by the City. The Park and Recreation Commission would like to make various improvements to II this area with a view toward creating a strong water based focus and identity at the end of "Main Street". This area should make a strong statement about Excelsior. Some of the desired improvements include road improvements by the piers, drinking fountain, benches, more attractive trash receptacles, 1 information booths, and a gathering place for charter boats, as well as public restrooms. A strong visual element should be provided as the centerpiece of the redesign/redevelopment effort. The Commission would also like to 1 reconfigure and expand the residential dock space to better serve Excelsior residents. II A broader objective is to strengthen the relationship and connection between the Commons, the Port of Excelsior and the downtown entertainment businesses and facilities. 1 MASTER PARK PLAN/SURVEY II The Excelsior Park and Recreation Commission will prepare a Master Park Plan in 1991 with the aid of a park planning consultant firm. As a first step in the process, the Commission undertook a survey of local residents in 1989 to determine existing park use patterns and to determine what new or improved 1 park/recreation facilities are needed in Excelsior. Key findings of the November 1989 survey are listed below: 1 1 . 83% of residents surveyed use Excelsior parks; 51% use these parks exclusively. Of those few who do not use City parks, the majority are 1 elderly and/or apartment dwellers. 2. The Commons is by far the most used park as opposed to the Parklands. 1 3. Carver Park Reserve, Minneapolis Lakes and Eden Prairie parks are other leading parks used by Excelsior residents. 1 4. The primary reason for using other parks is related to biking/walking/hiking/nature trails. Better and more extensive playground equipment was the second highest reason for visiting other II parks. 5. The most popular reason for using Excelsior Parks in rank order are: 1 1 . Jogging/walking 2. Swimming 3. Picnicking II 18 11 1 4. Playground 5. Boating 6. Tennis 7. Skating 8. Fishing 9. Softball 10. Basketball 6. Two special events are heavily attended by local residents: 76% attend the Art Festival, 87% attend the Fireworks. 7. Positive comments about the parks in rank order are: ' 1 . Neat and clean 2. Law and order kept 3. More concerts desired 4. Excursion boats are good 5. More activities are desired 6. Leash law enforced 8. Respondents would like to see the following areas of improvements in rank order: 1 . Clear snow from walks 2. Sidewalk vendors 3. Fishing docks 4. Walking/jogging path 5. Formal gardens 6. Information gathering place 7. Playground equipment 8. Improve warming house 9. Ticket Booth 10. More rental docks 11 . Public boat launch 12. Wider sidewalks 9. Nearly half (48.7%) of the respondents own a boat, and most are motor boats. Of those owning boats, the vast majority (69%) do not use Excelsior docks, and most of these would not use such docks if they were available. The results of the 1989 resident survey will be a valuable tool in formulating 1 a Master Park Plan during 1991 . REGIONAL TRAIL Metropolitan Council's Regional Recreation open Space Policy Plan shows a potential regional trail which generally encircles the greater Lake Minnetonka area, and connects with Carver Park Reserve. The potential trail corridor follows the former rail line through Excelsior. The Cities of Shorewood, Minnetonka and Victoria have developed such a trail along the former rail line. Greenwood has also developed its portion of the 19 1 I' . regional trail but not in the rail corridor. Excelsior is the only missing I link in completing the regional trail. Such completion is a high priority of the Excelsior Park and Recreation Commission. IIGARDENS AND OPEN SPACE I The Excelsior Men's Garden Club is a rather unique organization that maintains flower gardens around the community, most notably at the east and south entrances to he downtown area. Safe and accessible garden space in Excelsior's parks should be provided for use and maintenance of the Men's IGarden Club. 1 SOUTH NEIGHBORHOOD PARK Excelsior's existing park facilities are located north of T.H. 7. There is no Ipark facility to serve the residential area south of T.H. 7. The southwest corner of Division Street and 3rd Avenue contains an undeveloped, privately owned wetland/open space feature. It has been I suggested that this wetland be retained for its ecological/aesthetic value and that the undeveloped "dry land" might be suitable for development of a small neighborhood park. The upcoming Master Park Plan preparation should evaluate I the needs of this neighborhood and the possibility of developing a park facility at Wheeler and 3rd. ICONCLUSION This section of the 1990 Comprehensive Plan Update has briefly described the I existing City Park System and has identified some directions for improvement. The Commons is a very rare park and is by far the most used in the City. It also is heavily used by non-residents which gives it somewhat of a regional Ipark image. . The Master Park Plan that will be undertaken in 1991 will provide valuable II insight and directions for improving the existing park/recreation/open space system. The completed plan should be adopted as the official Comprehensive Park Plan for Excelsior. I II 1 20 HISTORIC STRUCTURES In 1982, the Excelsior Heritage Preservation Commission, under the direction of the Excelsior City Council, published a booklet documenting historic structures within Excelsior titled Historic Excelsior. This was not intended to be a complete inventory of all historic structures, but rather to highlight 30 buildings of particular significance. For example, many of the buildings along Water Street are historic and architecturally noteworthy, but many were not included in the booklet. Collectively these buildings give Water Street its atmosphere and appeal. Many historic buildings and homes within the community are compatible with adjacent land uses and are in good structural condition. Continued maintenance and restorative efforts should be encouraged. Conversely, many historic buildings are not consistent with adjacent land uses and are threatened by redevelopment, such as the old residences in the downtown area. However, it is the presence of these old residences that give the downtown area its charm and character. The conversion (adaptive re-use) of, these structures should be encouraged and should be sensitive to the original architecture of the building and neighboring structures. A good example of adaptive reuse is the Wyer/Pearce House located at 201 Mill Street. Originally a residence, it is currently used as a bed and breakfast. Posed above Six Corners at a major entry to the CBD, its architecture and mass make a substantial contribution to the residential character of this area. It is anticipated that these structures can be integrated with surrounding uses and make a valuable contribution to the community as a whole. 1 1 1 1 1 i 1 1 1 21 II TRANSPORTATION PLAN BACKGROUND 1 The City of Excelsior contains a roadway system that is generally fully inplace and developed. This allows the City little opportunity for major changes or additions to the roadway network. The primary transportation I planning issue for the City concerns not the development of new facilities but rather the reconstruction of TH 7. This reconstruction will give the City an opportunity to improve the "gateway" access from TH 7. At the same time it will present a challenge on how to best maintain access to properties which Ihave historically had good access to TH 7. TRANSPORTATION NETWORK -- REGIONAL ISSUES ITH 7 is designated as a principal arterial roadway. It provides Excelsior with its primary access to the rest of the metropolitan area and beyond. In I 1986 the Minnesota Department of Transportation conducted a Corridor Study for TH 7 from the western boundaries of Shorewood and Chanhassen to TH 101 in Minnetonka. The objective of the Corridor Study was to develop roadway layouts for TH 7 that met the safety, mobility and access goals of TH 7. The II layouts developed in the Corridor Study represent "ultimate" or final conditions for TH 7. The Metropolitan Council has adopted the TH 7 Corridor Study as part of its Transportation Development Guide/Policy Plan. In I addition, MnDot has adopted these layouts as a component of their Twenty Year Plan. The realities of highway construction dictate that these layouts will be built in a staged manner over a number of years, with possible interim I construction in certain areas prior to the completion of the ultimate Twenty Year Plan activities. The City of Excelsior acknowledges the need for safety and capacity II improvements along the entire TH 7 Corridor. This will be achieved by the closing of individual direct property access points to the highway, by the closing of select highway/local street intersections and median crossovers and I by the consolidation of access points to a limited number of major, controlled intersections. The City also acknowledges that the layout of the current TH 7 access ramps at the eastern end of the City is a substandard configuration II which marks this as an accident hazard area. Furthermore, the current confusing access pattern into and out of the City is a detriment to the attraction of visitors to Excelsior. While acknowledging the beneficial ' impacts of safety improvements to TH 7, Excelsior stresses that some pockets of land within the City did develop based on access availability to the highway. I Two segments identified in the TH 7 Corridor Study relate specifically to the City of Excelsior, the "Excelsior Area East" segment and the "Excelsior Area West" segment. The City endorses the general concepts outlined in the layouts I "Excelsior Area East Alternative Two" and "Excelsior Area West Alternative Two." However, the City reserves the right to work closely with MnDot in the final design layout stage to ensure that reasonable and efficient access is -- II maintained to properties presently served directly by TH 7. In particular, three specific areas within the City have been identified whereby property access under the proposed TH 7.layouts would greatly diminish from its present IIlevel. These three areas are discussed below. 22 LEGEND S -co, /# \ Principal Arterial 4\�� • • Minor Arterial •7 'f nnnnr Collector E-- One Way i < r• T.H. 7 Key Access Roadway <� I G1o£ �,s MINNET� o N!(q if,r �" !exciCs/oH 8 r/ . tsr: At • _cc, it, Q r ,c1,: 4�;�'" l I min 111 111111111111111111111=� oo,N 1414,■ .,...,... / 'i 11111 /i 4 I �: le ♦ ;14) :,,,,,, ``,,``��∎ \� y NI 1011 111111)111� 3 N ' c- : wir .....11,10 71. , r . I "Th./.4, .'...'," - / s' 1‘ * r 1 , i 1 ,- i ( 1:"a_iC-„C°6z1 . , .• , . • , I w Westwood 7,, ROAD CLASSIFICATION SYSTEM - -W �,� CITY OF EXCELSIOR AUGUST. 1990 NM IIIII 1 , II TH 7 Highway Frontage Business Area Near Morse Avenue 3 The proposed closing of Morse Avenue north of TH 7 would cause a present ' highway frontage retail area to completely lose its access to TH 7. It is the goal of the City that all existing businesses remain readily accessible and, furthermore, it is the goal of the City's Land Use Plan that this area remain viable commercial property. This cannot occur without some measure of access ' to TH 7. It is the position of the City that as the ultimate configuration of the "Excelsior Area West" layout is implemented in a staged manner over a number of years, "right in - right out" access be maintained at Morse Avenue ' for the present time and the immediate future. If, after the other elements of the layout are implemented, there is still an accident hazard condition, the City will consider support for the closure of Morse Avenue access. If ' Morse Avenue access is closed, the City will need to amend its Land Use plan to acknowledge that the businesses fronting TH 7, which depend on highway traffic, will no longer be viable and the land use in that area will change. TH 7 Highway Business Area Near Division Street With the present alignment of TH 7 there is direct off and on access for ' westbound traffic at Division Street. A commercial area has developed in that vicinity to take advantage of the easy highway access. The proposed realignment of TH 7 and reconfiguration of access ramps into downtown would ' eliminate the present direct access. With the upgrading of the Christmas Lake Road intersection to a major intersection this business area will be fairly well served via Christmas Lake Road and Excelsior Boulevard. Still the City requests that when final highway design plans are developed for this area, ' continued access to the Division Street area be explored. (Although it is not the intent of this document to develop final design plan configurations, the City envisions a potential "ramp from a ramp" solution to the problem of providing direct Division Street area access.) The headquarters for the South Lake Area Police is located immediately east of ' the Division Street exit/entrance area. Consideration of emergency vehicle accessibility to TH 7 (possibly via dedicated access points unavailable to the general public) should be made during the development of design solutions for ' this area. Elm Place Residential Area ' The Elm Place residential area is a peninsula on the south side of TH 7 that juts into Galpin Lake. In the planning and design phases for TH 7 the City strongly feels that adequate access must be maintained to this area. No ' alternative or "backdoor" access points apart from TH 7 reach to this area, thereby stressing the critical need for adequate access from TH 7. The City feels strongly that all areas bf Excelsior need to maintain their ability to ' access both the regional roadway network and the important downtown destinations of the City. i 24 TRANSPORTATION NETWORK -- LOCAL ISSUES , Functional Classification The roadway functional classification system developed by the Metropolitan ' Council consists of four classes of roadways: principal arterials, minor arterials, collector streets and local streets. All four of these classifications are represented within the City of Excelsior (see graphic on 11 page 23, Road Classification System) . One of the system goals of the Metropolitan Council is to encourage local communities to develop routes which can accommodate short, locally-destined trips, thereby keeping those trips off the regional roadway system. As a small, developed community constrained by its lake surrounding, Excelsior has little opportunity to develop new roadway routes. However, as access opportunities change with the modifications to TH 7, the role of certain collector roadways within the City will be enhanced. Principal Arterial TH 7 is the only principal arterial roadway serving the City of Excelsior. It is the City's primary connection to the rest of the Metropolitan area and to outstate Minnesota as well. As discussed in the previous section, TH 7 will undergo modifications in the coming years to enhance its ability to serve its primary purpose -- the safe, efficient movement of through vehicle traffic. Accordingly, access to the highway will be restricted and consolidated at major points. Minor Arterials Excelsior is served by three minor arterial roadways: CSAH 82 (Mill Street) , CSAH 19 (Oak Street) , and Minnetonka Boulevard. CSAH 82 provides north-south access into the City from Shorewood and Chanhassen. CSAH 82 becomes Carver • CSAH 17 at the Chanhassen-Shorewood border and continues south to TH 5 and beyond. CSAH 19 on the west side of Excelsior provides north-south inter-community ' access to the western Lake Minnetonka area, while Minnetonka Boulevard provides north-south access to the eastern Lake Minnetonka communities. Collectors ' Five roadways within the City are designated as collector roadways: Water Street, Second Street and Excelsior Boulevard, all north of TH 7, and Second and Third Avenues south of TH 7. Water Street traverses the main commercial core of the City; it is "Main Street" of the City. In addition, Water Street 11 connects to the minor arterial CSAH 19. Second Street serves as the primary connection from the core of the City to both TH 7 and CSAH 82. The importance of Second Street is further enhanced as it provides direct access to the municipal parking lots in the downtown core. Excelsior Boulevard traverses east-west-for a short distance within the City, parallel to TH 7. Just east of the City limits, the intersection of TH 7 and Christmas Lake Road will be upgraded to become a major TH 7 access point. The north leg of that intersection ties directly into Excelsior Boulevard 1 25 (Excelsior Boulevard acts as the north frontage road) . With the future restrictions to direct TH 7 access, the importance of Excelsior Boulevard will increase as it serves traffic into and out of Excelsior via the Christmas Lake ' Road intersection. Second and Third Avenues on the south side of TH 7 function as a paired system ' of one-way collector roadways for the residential neighborhood south of the Highway. Historically this area has had adequate access from the west via Division Street. The new plans for TH 7 decrease the accessibility from the west with the closure of the Division Street access point. Access to the west, which is presently poor, will be further deteriorated by implementation of the ultimate conditions of the TH 7 Corridor Study. These ultimate conditions, which may include the closure of Morse Avenue access to TH 7, ' would eliminate the "short cut" route presently available to the west (Mill Street over TH 7 to Third Street to Morse Avenue to TH 7) . The change in access patterns in this area, together with the upgrading of Christmas Lake ' Road to major intersection status, will increase the importance of the Second- Third Avenue system. These roadways will serve to collect residential traffic on the south side of TH 7 and distribute it to the Christmas Lake Road intersection for TH 7 access, or to CSAH 82 for access into Excelsior north of the highway. TH 7 Linkages Two additional short roadway segments -- Division Street and the extension of Lake Street -- connect to major highway access points along TH 7. Although these roadways are not classified as minor arterials or collectors, they fill an integral role in the overall City roadway network. (C.S.A.H. 19 is also considered a major access roadway to TH 7, however, that roadway is classified as a minor arterial) . The extension of Lake Street forms, in effect, the TH 7 ' access ramps to/from the east. This roadway connects westward with both Lake Street and Second Street at the "six cornered" intersection. Division Street north of TH 7 serves as a connecting roadway between the highway and Excelsior IBoulevard, the collector roadway parallel to TH 7. Other Local Roadway Network Issues . Historically, Courtland Street, a residential roadway, has had a bridge over the railroad tracks that run through the middle of the City. In the mid- 1980's this bridge was closed due to structural safety reasons. The railroad . iright of way forms a barrier to cross-neighborhood movements within the City. With no crossing available in this area, traffic is forced to divert to Water Street, the next closest roadway crossing the railroad corridor. This is a ' circuitous movement for local traffic and adds to the traffic load on Water Street through downtown as well. The City supports the need for a roadway linkage in the Courtland Street area to provide adequate cross neighborhood ' movement for this portion of the City. ' PARKING The provision of sufficient, convenient parking is an essential element in maintaining the commercial vitality of the downtown area. The City supports 26 II the use of municipal facilities to serve parking generated by retail activity in the downtown core. The City will evaluate. parking demand needs on an ongoing basis and will provide the necessary level of parking to support the retail activities. , CHARACTER OF LOCAL ROADWAYS ' The character and "flavor" of Excelsior is seen in many of its local roadways -- as well as in numerous other aspects of the City, of course. Examples such as narrow roadways, alleys, one way streets or skewed intersection approaches reflect the time and setting under which much of the City developed. The City understands the need for traffic safety and efficient area access. However, Excelsior is strongly committed to maintaining the local character of the City and feels that any transportation improvement projects, especially in residential neighborhoods, must be reviewed with this in mind. The so-called "six corner" intersection (the junction of Lake Street, Second Street, Morse Avenue, Mill Street, and Excelsior Boulevard) with its landscaped setting is an example of a roadway element that lends local flavor to the City. Although this intersection is complicated in appearance, it has not experienced operational or safety problems. The operations at this location should be monitored with an eye toward keeping this area in or near its present configuration and state. NON-LOCAL TRAFFIC Lake-related activities and other recreational and commercial activities draw many visitors to Excelsior. These visitors are often unfamiliar with the City. In planning for the transportation system, the City acknowledges this fact and will encourage designs and operations which facilitate trips made by non-residents. The upgrading of the TH 7 access ramps into downtown to a standard design will aid in the identification of Excelsior to visitors. Additional directional signing to TH 7 from within the City is also needed to assist those not familiar with the area. Within the City, a comprehensive signing program to direct visitors to Municipal or lakeside parking would be an asset. Additionally, roadway improvements or changes in roadway patterns near the Commons Park area could improve traffic flow and access to that area. TRANSIT 11 The Metropolitan Council and Regional Transit Board (RTB) define transit as all forms of riding together. The Metropolitan Council Transportation Policy Plan makes a strong commitment to encouraging the growth of transit usage in the Twin Cities area. The City of Excelsior supports this effort and is committed to creating and maintaining an environment which encourages fixed route bus usage, travel demand management, ridesharing and other transit uses. The City also supports the development of Light Rail Transit (LRT) in a corridor through the City. ' i 27 11' ' Bus System The City is served by one regular transit route, the.Metropolitan Transit ' Commission (MTC) bus route 67. Route 67 is a local route providing service through the communities near Lake Minnetonka, as well as service into downtown Minneapolis. Along with this route, the City has a park and ride lot with capacity for twenty vehicles. ' The City of Excelsior encourages the linkage of local bus routes to regional, express buses or LRT lines. The City supports efforts to provide north-south ' bus routings in the Lake Minnetonka area with buses directed to route transfer points on the major regional highways. Similarly, the City supports the redirection of bus routes to connect to nearby LRT routes. _ ' Minnesota Rideshare Minnesota Rideshare is a program which provides car and vanpool matching services to individuals and employers. This service is utilized by a number of Excelsior residents and is a meaningful element in the overall transit picture for the City. Metro Mobility 11 Metro Mobility is a system of demand transit for the elderly and disabled. The City continues their support for the Metro Mobility program and will work with the Regional Transit Board to help in planning transportation services for the transit-dependent population. BICYCLISTS AND PEDESTRIANS The City strongly supports efforts to provide a pleasant and safe environment for bicyclists and pedestrians. Bicycle paths exist on several roadways within the City. Excelsior is committed to maintaining these facilities. In addition, the City supports a bicycle-pedestrian pathway through Excelsior and adjoining Lake communities utilizing abandoned railroad property. 1 , 1 1 1 • 1 28 WASTEWATER MANAGEMENT PLAN The City of Excelsior is entirely serviced by the Metropolitan Waste Control 11 Commission interceptor system. In 1972, the City of Excelsior submitted its Comprehensive Sewer Plan (CSP) to the Metropolitan Sewer Board. The plan has since been updated, most recently in 1981 . The revised elements of the sewer plan are discussed below. SANITARY SEWER SYSTEM ANALYSIS I Metropolitan Service The City of Excelsior is entirely sewered by Metropolitan Waste Control 1 Commission (MWCC) facilities. The City is served by MWCC interceptor MSB 7017 and MWCC Lift Station 19. The table below is taken from Metropolitan Council's Wastewater Treatment and Handling Policy Plan. It contains the forecasts of population, households, employment and wastewater flows for Excelsior. The demographic forecasts used for developing the wastewater flow projections are generally consistent with the demographic forecasts contained in the Metropolitan Development and Investment Framework (MDIF) . The City agrees with the upper range portion of this forecast, but sees no likelihood of a possible flow decrease as indicated by the lower range of the forecast. Wastewater Management Forecasts I 1990 2000 2010 Sewered 1 Population 2,900 2,900 2,700 Sewered , Housing 1 ,450 1,450 1,550 Sewered I Employment 3,000 3,000 3,000 Wastewater Flows (mgy)* 124-125 119-125 119-134 *million gallons per year I Wastewater flow from three adjoining communities (Chanhassen,. Greenwood and Shorewood) utilizes the Excelsior sanitary sewer system to access the regional trunk lines. Flow from these three cities represents about 14% of the Excelsior total system flow (about 17 - 18 mgy of the total 125 mgy flow) . Prior to 1989 the City was reimbursed by the MWCC for flow originating in other communities. Starting in 1989 MWCC policy changed to discontinue granting' that revenue while at the same time overall City rates were not __ - II lowered. Excelsior has been unable to reach agreements with Chanhassen, Greenwood or Shorewood relative to those cities paying Excelsior for use of its system. This is a major issue regarding the sanitary sewer system that 29 1 I needs to be resolved. Excelsior would welcome participation by the MWCC in 1 assisting Excelsior to execute payment agreements with the adjoining cities. 1 Inflow and Infiltration Excelsior has no current inflow or infiltration (I and I) problems. The City will monitor their flow characteristics on an on-going basis and should any I ' and I problems arise in the future the City will actively work with the MWCC to solve such problems. On-Site Sewage Disposal System The City of Excelsior is fully developed. As noted above, the City is entirely sewered by MWCC facilities. No on-site sewage disposal systems exist 1 and City code prohibits the construction of any new systems. 1 1 I 1 1 i 1 1 1 1 1 11 30 I CAMPBELL KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Knutson (612) 456-9539 Thomas M. Scott Gary G. Fuchs Fax(612) 456-9542 James R. Walston Elliott B. Knetsch ' Gregory D. Lewis October 22 Dennis J. Unger 22, 1990 Mr. Jeffry R. Chaffee Attorney at Law Suite 150 Chanhassen Office Complex 80 West 78th Street ' Chanhassen, Minnesota 55317 RE: Jim Chaffee Dear Mr. Chaffee: The City does not intend to pay your client a raise he was never given, nor does the City want to pay me to continue this dialogue. V-- .. ruly yours, CAMPBELL, i ' SON, SCOTT IFUCHS, • .A. BY Roge . Knutson RNK:srn ' cc: Don Ashworth RECEIVED OCT 2 3 1990 CITY OF CHANHASSEN 1 Yankee Square Office III • Suite 202 . 3460 Washington Drive • Eagan, MN 55122 ;. I 5 , .!...;;,:z,,.,-.47,.17. - i';'.'''''''1..': I 111 . TERRY FORBORD -;'-',. ----e•-_,.=.`i:i::;„ --. -..-;;.4.:',",:t.- '..i..---":= ::-•0`-'" -,•') Vice President • I .•. (LunDGREn ...., ...,...„4_,.,...., ,.... :;.'..iirAkii.7,,-...?},4: .*4•'',.%-`.4,. f-,i-.--orkp:--r:, --i!."e-7.:,•: -1-:'. -elf,- - s - .....‘ •• ( "' , BR oscolt4NrucTIoN I 17. i 1 Office:(612)473-1231 --, • 935 East Wayzata Bhd FAX (612)473-7401 5. .A--t,'-•, ,2...:,-,,,e,,,,-,•W`...) :-.4.. ,-4,-.74,-44:_.,..,, - . .- ‘ . I • . - Wayzata. 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C ,-••-t:4. .i-."--,..,--f, N--1! -./.;!:'v...r,--•• ",34„,fc .4- -.. -4-- - . .,---A,4 4,2, .-4--.--,...---"••,-.-t -*T.,-1- -4,,,.%-,-4 -s-'''. I - . -- --.... ,,, .-..,p-...kios,,...2,•-•,..:-.,,..., , , , -. •7- .:-.,4,4-.-1-••'....-...4,'•7-. -..:'...1:5,:f..,-....,-,z_::: .-. ,..:.,-- .:,,, ,,, ,,,,,,:., ,...,,, ,-,,,,,.„....,e'% 7,siT4-1,Y..711.A;;;;,,,,,;- - .• . • ' . -:,. t „IAA•••••N$.-••.---r.•••,!.. --•501"..•-•• '' --- ,_ .$ ,-....,±.....',,.::••'-'-."`...e :M 4... '4•• I • I I I CITY OF CHANHASSEN PROPOSE PROPOSED COMMUNITY CENTER PROFILE 1 On November 6, 1990, the City of Chanhassen will ask residents to vote on a$4.1 million bond referendum to construct a community center of approximately 65,000 sq. ft. adjacent to Chanhassen Elementary School 7600 Laredo Drive. This proposal includes the acquisition of I3 additional acres of park land to the north of the Chanhassen Elementary School playground and improvements to the existing recreational facilities on this site. A community center is being proposed to provide residents with better opportunities to participate in leisure, recreational and Isporting activities and programs. I In 1988, a Community Center Task Force was established to study alternatives and issues regarding a community center including appropriate site selection,facilities for desired activities, and the financial requirements of construction. A concept plan has been developed to help I residents decide if this type of facility should be constructed • * FACILITY: The proposed community center would include an 6-lane indoor I pool, 2 full-sized gymnasiums, 4 racquetball courts, a senior center, meeting rooms, locker rooms, fitness center, specialty classrooms (to be jointly used with liChanhassen Elementary School), an outdoor ice surface and parking. ICOST: The estimated cost to build these facilities is as f ollows: Pool (11,000 sq. ft.) $750,000 Gyms (12,300 sq. ft.) $750,000 Racquetball Courts (3,700 sq. ft.) $250,000 1 k \ Specialty Classrooms (4,500 sq. ft.) $350,000 Senior Center/Meeting Rooms $400,000 7 Parking stalls) $150,000 itc\\`- Reception(280/Control/Ice $450,000 Bonding/Fees/Permits $350,000 I Land Acquisition/Furnishings 3650.000 . Total $4,100,000 IEstimated cost to operate center per year $250,000 Estimated revenues per year $230,000 I * COST TO TAXPAYERS: Listed below is the approximate cost to taxpayers • to be paid annually for a 20 year period: IAssessor's Market Annual Cost Value of Home To You I $ 80,000 $ 35 $ 100,000 $ 50 I $ 120,000 $ 75 $ 150,000 $ 110 $ 200,000 $ 170 I $250,000 $ 230 I * FINANCIAL RESPONSIBILITY: The City would retain a reserve of$2.2 1 million in bonding authority if the referendum is approved * CONCEPT PLAN: This illustration includes the proposed community center 1 in addition to the proposed expansion and improvement to City Center Park Two additional ballfcelds, a new play structure, enlargement of three existing . soccer fields, improved track facilities, replacement of the two outdoor hockey rinks and replacement of the four existing tennis courts are included in this plan. The specialty classrooms were added in response to the School District 112 Building Advisory Committee's recommendation since choir/band rooms, computer lab, etc. are not currently available at the school oit) -\ , i; 1 1 , k' pin 1,i. - - -A- ` �,. ........ ___ _ .,&I\ixt \ 3 •, �� I% 1 , Q .4 wire.= 0 1:)y- - , A,: ,a r .� jr iir \ .\% rpi4,,,, riu, - i I NEI MEI 1 : : IMMO* L .; (.75), 4. 4... g ; C 1 (yi,,t- , , 1. - q gi.) L rnemar. at I e �� i _ _ 1 Rat[—fMUtC: • 1 Ww+[ 4)...... 3 ' I •,T4 AR S& • �- 41PA / 4,64' n • a �s E Z .1152` �" it lig 01 .. tat I i F o---- � a--o r J[J 1 sq mX11 . -. .., „, . . s =° � f 1i , _ ....�. ; tom; -i, , 0� CHANHASSEN COMMUNITY CENTER This information is provided by the City of Chanhassen October, 1990 I 1 RECEIVEr NOTICE OF VACANCIES OCT 2 9 1990 G c 1 • FOR CITY Ir SEN CARVER COUNTY COMMITTEES' APPOINTMENTS IThe Carver County Board of Commissioners is seeking applications from persons interested in filling vacant positions on the following committees,councils, boards and commissions for 1991. Appointments, Ito the extent possible, will be by County Commissioner district. You can request an application by calling Deb Wagner, Administration Office, at the Courthouse in Chaska at 448-3435, ext. 493. Application deadline is November 29, 1990, at 4:30 p.m. Committee members receive$25.00 per diem. Applications Iwill be kept on file for six months. BOARD OF ADJUSTMENT has three vacancies. Board issues variances to the County's zoning ordinance, waives restrictions on non- conforming uses and hears appeals on zoning decisions of an administrative official. Meetings are held monthly on the first Wednesday at the Courthouse at 8 p.m. Appointments are for four year terms. For specific Board information contact Virginina ' Harris, Planning and Zoning Director, Carver County Courthouse, Chaska, MN 55318; 448-3435, ext. 260. ' CHEMICAL HEALTH ADVISORY COMMITTEE has four vacancies. Committee advises the County Board and the Community Social Services Department on chemical health issues. Types of appointments are citizens, consumers and providers. Appointments are for two year terms. ' Meetings are held monthly. For specific information contact Gary Bork, Community Social Services Director, Carver County Courthouse, Chaska, MN 55318; 448-3661. CHILDREN'S MENTAL HEALTH ADVISORY SUB-COMMITTEE has five vacancies as a newly created subcommittee of the Mental Health Advisory Committee. The sub-committee advises the committee, County Board and Community Social Services Department on the mental health needs of children and specific statutory duties pursuant to the Mental Health Act of 1989. The sub- committee must include one person who was in mental health programs as a child or adolescent, one parent of a child or adolescent with severe emotional disturbance, one children's mental health professional, one representative of children's mental health coordinating council, one minority representative, and one family community support services program representative. Appointments are for one and two year terms. Meetings are held at least quarterly, actual schedule to be determined by committee. For specific information contact vary Bork, Community Social Services Director, Carver County Courthouse, Chaska, MN 55318; 448-3661. ' COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE has one vacancy. The committee provides public health recommendations to the Community Health Board/Commissioners in the following program areas: - Home Health Services ' - Family Health including Maternal and Child Health - Emergency Medical Services - Disease Prevention and Control - Health Promotion - Environmental Health I 1 Appointments are for three year terms. Meetings are held monthly on the second Thursday at 540 East First Street in Waconia at 7 p.m. For specific information contact Georgianne Lowney at 448-1216 or 442-4493. • I DEVELOPMENTAL DISABILITIES ADVISORY COMMITTEE has four vacancies. Committee advises the County Board and the Community Social Services Department on services to the Mentally Retarded/Developmentally Disabled. Types of appointments are citizens, consumers, parents of consumers and providers. Appointments are for two year terms. Evening meetings are held bi- monthly or as needed. For specific information contact Gary Bork, Community Social Services Director, Carver County Courthouse, Chaska, MN 55318; 448- 3661. HOUSING AND REDEVELOPMENT AUTHORITY has one vacancy for member to represent the I Chanhassen area. The Authority establishes County housing and community development policy and administers related programs. Appointment is for a five year term. Meetings are held monthly on the second Thursday at 3 p.m. in Carver. For specific HRA information contact Julie 1 Cook, Executive Director, Carver County HRA, Carver, MN 55315; 448-7715. LIBRARY BOARD has no vacancies. Board sets policies for governing the County Library System, and also prepares and administers the County Library budget. Appointments are for three year terms. The Library Board meets monthly at the County Library Administrative Office or assigned library branch. For specific Library Board information contact Mary Heiges, Library Director, City , Hall Plaza, Chaska, MN 55318; 448- 9395. MENTAL HEALTH ADVISORY COMMITTEE has four vacancies. Committee advises the County 1 Board and Community Social Services Department on services to the mentally ill plus specific Statutory duties pursuant to Mental Health Act of 1987. Types of appointments are citizens, con- I sumers and providers. Appointments are for two year terms. Meetings are held bi-monthly or as II needed. For specific information contact Gary Bork, Community Social Services Director, Carver County Courthouse, Chaska, MN 55318; 448-3661. 1 MINNESOTA EXTENSION COMMITTEE, CARVER COUNTY, has two vacancies. Committee develops and evaluates programs; selects personnel; evaluates performance of personnel; develops I budget and public relations programs. Appointment is for a three year term. Meetings are held in Waconia a minimum of 3 times per year. For specific information contact Vern Oraskovich, County Extension Agent, Carver County Extension Office, Waconia, MN 55387; 448-3435, ext. 1 276. PARK COMMISSION has three vacancies. Commission advises the County Board on acquisition, ' development, operation and management of the park system. Appointments are for three year terms. Meetings are held monthly on the second Wednesday at Baylor Park. For specific Commission information contact Michael Liddicoat, Parks' Director, Carver County Courthouse, 1 Chaska, MN 55318; 448-3435, ext. 255. I 1 2 I PERSONNEL BOARD OF APPEALS has one vacancy for a three year term. Board advises County Board on disputes/grievances arising out of terms and conditions of employment as provided in 1 County Personnel Regulations. Meetings are held on a need basis. For specific information contact Greg Wagoner, Personnel Director, Carver County Courthouse, Chaska, MN 55318; 448- 3435, ext. 217. ' PLANNING COMMISSION has two vacancies. Commission advises County Board on planning issues and makes recommendations on applications for conditional use permits. Appointments are ' for three year terms. County ordinance prohibits any person who has derived a substantial por- tion of income from real estate development during the past two years from serving on the Commission. Meetings are held monthly on the third Tuesday at the Courthouse at 8 p.m. For ' specific Commission information contact Virginia Harris, Planning and Zoning Director, Carver County Courthouse, Chaska, MN 55318; 448- 3435, ext. 260. ' SENIOR SERVICES ADVISORY COMMITTEE has four vacancies. Committee advises the County Board and Community Social Services Department on services for the elderly, including the Adult Day Care Center. Types of appointments are citizens, consumers and providers. Appointments are ' for two year terms. Meetings are held the second month of each quarter, the second Thursday at 3 p.m. For specific information contact Gary Bork, Community Social Services Director, Carver County Courthouse, Chaska, MN 55318; 448- 3661. 1 I I 1 1 3 ,0_, g..4- . • 1 . . , CITY of c_c_ „./....t- I ,,, ..:._ 'As : -1 - '1--' • CHANHASSEN 1 . _ „. „ . .. „,._, ,_. .,,,.. , , , ,. .'7' € =�',- r ; 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ` (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Don Chmiel , Mayor City Council IIDon Ashworth, City Manager G FROM: Scott Harr , Acting Public Safety Director IDATE : October 19 , 1990 SUBJ : Eurasian Water Milfoil Inspections on Chanhassen Lakes I Attached please find the inspection report pertaining to eurasian water milfoil in Chanhassen Lakes . You will notice from the report that the two inspections that we paid for in all Chanhassen Lakes , which amounted to approximately $4000 , resulted I in approximately $10 , 000 worth of treatment being done at no charge to the City by the Department of Natural Resources per their 1990 Eurasian Water Milfoil Treatment Program. Both Lake I Minnewashta and Lake Riley did have eurasian water milfoil in them. and have been treated . • In conclusion , I am pleased to report that the system that the I City developed to deal with eurasian water milfoil has worked exceptionally smoothly. Within 10 days of samples being submitted to us for analysis , treatment programs were begun when II necessary. Because there is no reason to believe that State DNR funding will be available in 1991 to treat eurasian water milfoil I have submitted a memo to Don Ashworth regarding monies in the I1991 budget for milfoil treatment . I . . 1 - . I I I • II I I . I CHANHASSEN LAKES 1990 I EURASIAN WATERMILFOIL INSPECTIONS I I IF I I 1 I I I Lake Restoration, Inc. I October 2 , 1990 . 1 I • II t . During the week of August 6th , 1990 , Lake Restoration, Inc . performed lakewide inspections of Lakes Susan , Riley, Lotus , ' Anne , and Lucy in Carver County. The purpose of the inspection was to determine if Eurasian Watermilfoil (Miriophyllum spicatum) was present in the lakes . This inspection found only native - aquatic plants, including Coontail (Ceratophyllum demersum). and I Northern or native Watermilfoil (Myriophyllum exalbescens ) . The predominate aquatic plant found was Coontail . The inspection consisted of a minimum of 10 samples per acre ' in the littoral zone of the lake. The sample findings were noted and are included in this report . Samples were noted on contour maps to aid with the treatment of Eurasian Watermilfoil if found. The criteria to determine the type of watermilfoil is as ' follows : Northern Watermilfoil (Myriophyllum exalbescens ) - The ' purple-brown stems are leafy and glabrous ; they may be either simple or branching. Leaves are verticillate, , in groups of 3 , 4 , or 5 . One to three centimeters ' long , they are deeply dissected into 6 to 11 pairs of narrow segments from a central axis following a midrib. The plant is entirely submersed except for a floral spike . The spike is 2 to 10 cm long, terminal , and nearly bare . There are stamens ; anthers are oblong and 1 . 2 to 1 . 8 mm long. The flowers have 4 petals . ' Eurasian Watermilfoil (Myriophyllum spicatum) - Its stems vary in color; they are long and somewhat branched. They sometimes form mats at the surface . Each node produces roots , particulary when touching the ' soil . Leaves are whorled in groups of 3 and 4 , usually more than 1 cm apart on the stem. Simple pinnate, the leaves are finely dissected with 10 to 16 segments per ' side. The slim, terminal spikes, originate in the axils of the leafless bracts . Leafless themselves , they bear flowers usually in whorls of 4 . While the ' upper bracts are usually shorter than the flowers or fruits, the lower bracts are longer. The spikes , which rise 5 to 10 cm above the surface, submerge after pollination. (Pennwalt Corporation, Philadelphia; c. ' 1985 . ) The inspection described provided a thorough examination of ' the lakes . Samples of the findings were brought back to the offices of Lake Restoration for reinspection. Reinspection of the samples verified that the original determination that no Eurasian Watermilfoil was found was accurate. These samples were ' temporarily stored at Lake Restoration. A second inspection of Lakes Lotus , Susan, Anne, and Lucy was conducted during the week of September 17th and 24th. The second inspection of these lakes produced findings identical to the first inspection. I Lake Riley was inspected the second time during the week of September 17th and 24th . There was one major area of infestation and several minor areas located. These are noted on the lake map included with this report . The larger area, near the Eden Prairie Park access was . 74 acres . Two . 13 acre sites were treated along the northern shoreline and two . 13 acre sites were treated near the southwest corner of the lake. The total acreage located by the inspection was 1 . 26 acres. This total includes actual area of weed infestation and areas around the infestation which are included to increase chances of complete eradication. ' A herbicide treatment was done on Riley Lake by Lake Restoration, under DNR contract, on October 2 , 1990 using Aquakleen at 100/lbs . per acre . All areas found to have Eurasian Watermilfoil by the inspection were treated. The following pages include maps showing the areas of the , lakes that were inspected and summaries of the sample findings . Note : Location of sites on Lake Riley: ' Site 1 : 325 ' x 100 ' Area marked by lake association. Site 2 : 75 ' x 75 ' Starting 25 ' from shore directly out from property with blue pontoon, silver camper and an L shaped dock. Northwest of site one. , Site 3 : 75 ' x 75 ' Starting 30 ' from shore directly out from property with dirt access to lake. Northwest of site two. Site 4 : 75 ' x 75 ' Starting 20 ' from shore directly in front of property with stone wall and airplane . Site 5 : 75 ' x 75 ' Starting 20 ' from shore directly in front of property with stone house with large lawn with tar drive down to lake . Sites are noted on the map. 1 1 // r� r/ rl i z 11 �r Q // r, 111 _ , I, sue -►, " 11 0‘‘,.t...1 Y Y I\ It 4-, k 14-4)) -42 .14) N, M f "' * a ;., NI., m W 1 t g? `t� , M 1.1 Y. 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F it-,4.."3...'.'re Itil 340 .4—i,1.-w \ w ,,4,.._ ..,, -*.,,,,,, , ccu,i—cox 11542 u 5, ■ p Nqk. ■ 1 1r,N i / Z�-W 3 o f -•I _ �•.) .!W d y p FL 3 ,. -a �� pC� W tivZO J ■ i ♦• -s .A i•• h! pa0'W4J 1Ji �'` • i r = ,,•i O�2 p w ■ yC F-of o t� O F-2 C of W tt1 Q 1 I • • • N v ti of i v � � t . • LAKE ANN SAMPLE FINDINGS 1990 II FA = FILAMENTOUS ALGAE ' NL, CT CT, NWM CT = COONTAIL NL, CT, WM, FA CT, WM I NL = NARROWLEAF PONDWEED NL, CT, WM, FA CT, FA • CU = CURLYLEAF PONDWEED NL, CT, WM, FA NL, WM WM = NATIVE WATERMILFOIL NL, CT, WM, FA FA, CT ISG = SAGO PONDWEED NL, CT, WM, FA CT NL, CT, WM, FA CT CT, NWM NL, CT, WM, FA CT, FA NWM, FA, CT NL, CT, FA NL, CT I NWM, CT - WM, CT NL, CT NWM WM, CT, FA SG, WM NWM, CT, NL CT, FA WM I. CT, NWM FA, WM CT, FA CU, SG, NL, NWM,CT WM CT, WM CT, NWM WM WM, CT CT, NWM WM CT, WM I CT, NWM CT, WM FA, CT, WM CT, NWM, FA WM, CT WM, CT, FA CT FA, WM, CT FA, CT, WM I CT CT, WM, FA NL, WM CT, NWM, FA CU, CT SG, NL NWM, CT WM, FA FA I CU, CT p CT, FA SG, NL CT, CU CT, FA CT NWM, CT FA, CT CT NWM, CT NL, SG CT I SG, CU, NL CT, NL FA, CT NL, CT NL, FA FA, CT NL, CT NL, FA FA, CT II FA, CT, NL CT, FA FA, CT FA, CT CT, FA WM, CT, FA CT, NL, CU WM, SG WM, CT, FA WM, SG CT, WM, NL CT I CT, WM NL, FA CT WM NL, FA CT WM CT, WM WM, CT I CT, WM WM, CT WM, CT WM FA, CT WM, CT, FA WM FA WM, CT, FA I CT, WM, FA WM, SG SG, NL FA, WM, CT FA, WM, CT SG, NL FA, CT WM FA, CT, WM WM CT, FA, WM WM I II II 1 II L... , 1 ,_ NW(' " vat/ .......•■•■...., OW ri-:' :1:14fi',---;7:--.:T:'. .1 ' ;.1- ....%"*"."7 7 ...-—------'"" / ".• :f-.1.-;%-i--,:i41--- - '''. - .i ' i 2,.. . . - r . \... C. . .. ....k- . I I ., 11. - . 1-----1---- LOTUS , -) I iii • ,rioN, 11 . I I: i _ _ • 1 \ ....":i ..... ... 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I LOTUS LAKE SAMPLE FINDINGS 1990 1 BU = BUSHY PONDWEED BU, CT, FA CL, FL CT = COONTAIL BU, CT FA FA = FILAMENTOUS ALGAE BU FA CL = CLASPINGLEAF PONDWEED FA, CL FA FL= FLATLEAF PONDWEED FL, FA CT FA CT I BU, CT BU BU, CT CT, FA BU, CT FL, CL FA, CL CT, BU BU, CT FL, CL FA, CT, BU BU, CT BU BU, CT, FA FL, CL CT, FA CL, FL CL, FL I CL BU, CT, FA FL, CL FL, BU FA, BU BU, CT CT, FA CT, FA FA, CL BU, FA CL, FL FL, CL FL, BU BU, CT CT CT, BU CT, FA CT, BU FA, CL CL, FL CT, BU I FL, CL BU, CT BU.CT BU, CT FA, BU BU, CT CT, FA, CL CT, FA BU, CT CL, FA CL, FL FA, CL I CL, FA BU, CT FL, CL CL, ' FA FA, CL BU, CT CT, BC CT, FL FA, CL I CT BU, CT BU, CT FA BU, CT FL, CL FA, CT BU, CT, FA BU, CT CT, FA CL, FL FA, CT BU, CT, FA BU, CT FA, CT BU, CT, FA FA, CL FA, BU BU, CT FL, CL FA, CL I BU, FA BU, CT FA, FL FA, CT CT, FA FA CL, FL CL, FL BU, CT, FA I BU BU, CT FA, CT, BU BU FA, CL BU, CT, FA CT, BU CL, FL FA, CT II BU, FA BU, CT FA, CT, BU BU, CT BU, CT FA, CT, BU BU, CT BU, CT FA, CT I I I I 1 /i i,� ... _ '-� „7� -- u-'.:� au-1...w% .tVCJ VG IV�JJ VL1i`I ii tiJ j�- / 40 £1.13 `)I t I NNV 3)IVj1 NI dWV21 1VO8 % ^'� — - _ . —• • — _ 30 1SV3 9 '(Sa31VO9 :NOILN311V)N9IS H11M 1SOd �3N3d 1V13W N33Ha dO dO.L • I 'W'A �' zz el �We " —� _, ,, . 11 01 'nl'�� •—ED-- •7y_.., "�r�,._ ------- . i . • - .. —. ;,1r—',nr v!a P �` 3)IVl NNV + �+41$--=42,:7' 'II*�-"-■ i 7n ; 94 r _'„1 n1r �p �� t .t: ri' `, • Wit.° ,l '�C.-j IT - ra^. k , ; ', :. t ;i` { ''14 /• 1_ x .s? ` , ` 14- ,r►'9v `flL" f . , ,9/ .• W 1' •"r . • .' •,, ► �► �jr 1 £YV 8® .9 / • .y� -, t• ; ` �� 9/ z A ♦Z .y; ,r9/ ,L/ , °r'!!tefri ' ' '4� 4. y '.i- IV l ea sit s•. s; •4 I. 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' / '• la ' I ' CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING II November 19, 1990 11 - Trunk Highway 5 Improvements from County Road 17 to Trunk Highway 41: 1. Approve Joint Pacers Agreement for Preparation of Construction Documents 2. Approve Engineering Services Contract with Barton-Aschman - Approve Contract Amendment No. 1 for 1990 Sanitary Sewer Rehabilitation ' Improvement Project No. 90-2 - Approve Contract Amendment No. 3 for CH Suites Hotel Improvement Project No. ' 89-25 - Approve Plans and Specifications, Authorize Advertising for Bids for West 78th Street Detachment Improvement Project No. 87-2 - Accept Utilities in a Portion of Lake Susan Hills West 4th Addition, Project No. 90-14 - Consider Traffic Control for Laredo Drive and Market Boulevard at West 78th Street (unfinished business) December 10, 1990 I Future Agenda Items ' - Accept Utilities in Lake Susan Hills West 2nd and 3rd Additions ' - Approve Plans and Specifications for South Leg TH 101 Improvement Project No. 90-20; Authorize Advertising for Bids (1/28/91) - Award of Bids; South Leg TH 101 Improvement Project No. 90-20 (3/25/91) ' - Award of Bids, West 78th Street Detachment Improvement Project No. 87-2 (3/25/91) - Approve Plans and Specifications for Trunk Highway 5 Urban Design at Crossroads, Project No. 88-28C 1 • 1 I CITY OF CHANHASSEN FUTURE CITY COUNCIL ENGINEERING Page 2 I Future Agenda Items (continued) - Consider Feasibility Study for Extension of Dell Road from Lake Drive Fast South to Eden Prairie City Limits, Project No. 90-7 - Approve Plans and Specifications for County Road 17 Upgrade South of TH 5 i Improvement Project No. 90-4; Authorize Advertising for Bids - Award of Bids; County Road 17 Upgrade South of TH 5 Improvement Project No. 90-4 - Approve Preliminary Plans for TH 5 from TH 41 to CSAH 17; Layout No. 1B, 1 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 - Authorize Preparation of Plans and Specifications for 1991 Sanitary Sewer Rehabilitation Program - Approve Plans and Specifications for 1991 Sanitary Sewer Rehabilitation Program; Authorize Advertising for Bids - Award of Bids; 1991 Sanitary Sewer Rehabilitation Program 1 - Approve Plans and Specifications for North Leg TH 101 Improvement Project No. 88-22B; Authorize Advertising for Bids (1992 construction) s - Award of Bids; North Leg TH 101 Improvement Project No. 88-22B (1992) CONSULTANTS PLEASE NOTE: Reports are due in Engineering no later than 10 days prior to the City Council meeting date, i.e. Friday. 1 Copies to: City Hall Department Heads 1 Karen Engelhardt, Office Manager Kim Meuwissen, Eng. Secretary City Council Administrative Packet Gary Ehret, BRW 1 1 1 _ 1 1 1 1 1 1 1 1 1 1 1 -_----� 1__ IMMO-- CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 11-05-90 PAGE 1 CHECK # A M O U N T C L A I M A N T P U R P O S E 041999 3,517.98 BRW, INC. FEES, SERVICE 042000 7,359.85 BARTON ASCHMAN ASSOC. FEES, SERVICE 042001 9,256.38 FRONTIER BELLE LAND-PURCHASE + IMP 042002 547.45 HOLMES & GRAVEN FEES, SERVICE 042003 270.00 PUBLICORP, INC. FEES, SERVICE 042004 262.50 WMI SERVICES OF MN PROMOTIONAL EXPENSE 6 21,214.16 CHECKS WRITTEN TOTAL OF 6 CHECKS TOTAL 21,214.16 ru 0 Wal ,s ssEe,>rt 1 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 FROM: Don Ashworth, City Manager AIL DATE: November 1, 1990 ' SUBJ: Budget Worksession ' Similar to our previous meeting, department heads will make a presentation as to their proposed budgets for 1991. Both Paul and Gary are scheduled for this Monday. ' NOTE : Gary has given his budget request to Tom Chaffee who has been in the hospital this past week . Tom will be at the meeting on Monday evening and will have the budget request with him . 1 1 1 I i CITY of .1 _ CHANHASSEN ir _.. _ , ilk 11114q 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ,.,P°1141r. (612) 937-1900 • FAX (612) 937-5739 Ty MEMORANDUM TO: Don Ashworth, City Manager I FROM: Paul Krauss, Planning Director cyL I DATE: November 1, 1990 SUBJ: Budget Memorandum, Planning Department I BACKGROUND As the City Council is aware, the scope of Planning Department I involvement has been steadily increasing. In addition to our traditional roles in planning and zoning issues, we have undertaken I responsibility for staffing Southwest Metro Transit, the Recycling Commission, staff support of HRA activities and most recently we have undertaken new responsibilities for staffing the Senior Needs ITask Force and the follow up Senior Commission that is currently being appointed. At the same time, development activity in the community has maintained a fairly high level. Although 1990 saw somewhat less development that had the previous 3 to 4 years, staff II continues to be involved in a wide variety of day to day planning projects. Our work load on these items has, if anything, increased as reviews of projects, neighborhood involvement and related I planning issues become more complex and our work becomes more detailed to give the decision makers sufficient information with which to work. In spite of the looming recession, 1991 is likely II to be at least as busy as 1990. Offsetting any economic downturns will be increased development pressure in the community stemming from ongoing highway construction programs and from the MUSA line expansion that is expected to occur during the spring as a result I of the new Comprehensive Plan that is nearing completion. The Planning Department's work effort has been undertaken by three II professional and one clerical staff positions. The use of consultant services has been relatively limited. Since my arrival in the community, I have essentially eliminated reliance on consultants with the exception of Mark Koegler's work on the il Comprehensive Plan. I feel that his efforts on the City's behalf for the Comprehensive Plan have been worthwhile since he provided not only needed assistance in developing some of the documentation II but also was able to provide a historical perspective. At this point, I am not proposing any permanent additions to the Planning II II 11 11 Mr. Don Ashworth Budget Memorandum November 1, 1990 ' Page 2 Department staff, however, I believe it is fair to state that our current work load is stretching us about as thin as we can ' reasonably go. Should the work load increase substantially beyond expectations due to factors beyond our control, I would be in the position of having to request additional assistance. One ' additional note of interest concerning staffing levels is that Jo Ann Olsen is pregnant and is likely to lose work time possibly before and certainly after her due date. Since her due date is to occur during the peak development season, we may well need to ' resort to consultant assistance so that our normal output can be maintained. ' It should be recognized that I had little or no opportunity to provide input into the previous budget. When I arrived in 1989, the 1990 budget was already in it's formative stages and I had insufficient knowledge of department programs and needs to provide ' substantial input. The budget was also designed at that time for a 2 professional department. Since we are and have been for the previous year a 3 person professional development, we have ' experienced shortages in basic items such as office supplies and equipment. It is my hope that the City Council will recognize this factor as the source of several proposed budget increases. ' The information provided below provides information regarding proposed expenditures for the year 1991. In the past, the full ' expense of the Planning Department has been drawn from the general fund with some support given by the HRA. Costs of engineering and planning reviews on development proposals are, in part, offset by building permit fees since both of these departments undertake ' significant work on a new project before it ever obtains a building permit. However, the City Council may wish to consider additional sources of revenue. It has come to my attention that a number of ' metro area planning departments charge back costs of development reviews to the individual applicants. This is particularly true in larger plats and subdivisions. The review of these items is extensive involving significant amounts of staff time and is not ' unreasonable to think that the average citizen should not be burdened this cost since they do not benefit from the development except in more indirect ways such as expansion of the tax base and employment opportunities. Although I have not conducted a comprehensive survey, to the best of my knowledge, the Cities of Eagan, Burnsville and possibly Maple Grove are but a few of the ' communities that assess these costs back. Should the City Council so desire, staff would be willing to investigate this matter more fully and possibly bring a proposal forward that would seek to institute these charges, particularly on the more complex ' development. We note that our permit fees for applications are extremely low, however, they are consistent with other metro area I I 1/ Mr. Don Ashworth Budget Memorandum November 1, 1990 Page 3 communities but in no way do these costs come near covering costs of maintenance of the Planning Department. FUND 101-DEPARTMENT 151, PLANNING COMMISSION Item 4098 - Total Personal Services - Inflationary increase to be projected by Tom Chaffed. Item 4298 - Total Materials and Supplies - $250 - No change from 1990. Item 4300 - Fees for Service - $100 - No change from 1990. ' Item 4340 - Printing and Publishing - $1,500 - No change from 1990. Item 4360 - Subscription and Memberships - Proposed increase to $1, 000 from $250. NOTE: It is important that the Planning Commission be encouraged to maintain a knowledge of current planning practices. To this end, we have subscribed to a number of periodicals for them and have enrolled each member in the American Planning Association. The increase to $1,000 is consistent with expenditures we have actually experienced in 1990. An additional $750 should be appropriated to cover the shortfall in available funds for 1990. Item 4370 - Travel and Training - $500 - Up from $100 in 1990. I am proposing this budget be increased for reasons outlined above. I want to encourage Planning Commissioners to attend local conferences and seminars as they become available. FUND 211 - ENVIRONMENTAL PROTECTION - DEPARTMENT 231 - RECYCLING As the Council is aware, 1990 saw the transition between City sponsored recycling efforts in the institution of curbside recycling handled through the independent contractors. In 1990, approximately $70,000 was budgeted for recycling services. This included the period time from approximately January through April, 1990, where the City was funding recycling efforts and included the acquisition of recycling bins needed to support curbside recycling program. Several grants were obtained to pay for portions of the acquisition of the bins. The City received a grant from the Metropolitan Council and is currently expecting a grant from Carver County. Given the change in the scope of the recycling program, our efforts are expected to shift from provision of services to educational programs conducted in conjunction with the Recycling Commission. As such, these efforts represent a substantial reduction in cost from previous year funding levels. 1 1 1 Mr. Don Ashworth Budget Memorandum November 1, 1990 Page 4 Item - Tarpaulin to protect bins held in storage - $300. Item - Public educational materials - $3,000. Item - Subscription and memberships - $250. Item - Travel and Training for staff and commission members - $2,000. Total Proposed Expenditure - $5,550. FUND 101 - DEPARTMENT 152 - PLANNING ADMINISTRATION Item 4098 - Total Personal Services - This number to be calculated by Tom Chaffed. Planning Department staff salaries are distributed amongst Fund 4098, HRA and are proposed to be partially funded by the Surface Water Utility Fund. As noted above, we are not proposing an increase in departmental staff at this point in time. However, should the work load significantly escalate due to current unforeseen development pressures, we would need to return to the City Council to ask for sufficient staffing. Item 410 - Office Supplies - Increase from $500 to $1,000 proposed. Item 4120 - Equipment - Increase from $100 to $500. Along with the increase in office supplies and periodicals, this reflects the fact that we are now a three professional department. Item 4130 - Program Supplies - Last year $3,200 was appropriated in this category to acquire topographic aerial maps. This year no funds are requested for this category. Item 4230 - Books and Periodicals - $250 is requested for an increase of $100 over last year's $150. Item 4300 - Service Fees - Staff is requesting several categories of service fees. 1. The first is for completion of the Comprehensive Plan. At the present time, it is estimated that we will end the year with a positive balance of approximately $4,500 remaining for funds allocated for consultant services associated for completion of the Comprehensive Plan_. Since the Comprehensive Plan will require additional modifications and further refinement before it can be adopted by the City Council and Metropolitan Council, we are recommending that this $4,500 be carried forward for the year 1991. I I Mr. Don Ashworth Budget Memorandum November 1, 1990 Page 7 being increased due to the fact that we are a 3 professional department as opposed to the 1 or 2 professionals that have been on staff previously. It is necessary that staff stay abreast of current developments in planning. Most of the conferences and seminars are held locally but some national attendance is required. Item 4798 - Total Capital Outlay - We have no specific budgetary requests in this area at this time. However, staff has been working with Tom Chaffee and other departments on the need for additional computers and software to enable us to computerize departmental functions for greater efficiency and coordination. It' is hoped that a coordinated package of improvements can be brought before the City Council for implementation in 1991. The Planning Department is most particularly interested in permit tracking software and a coordinated geographic information system with the Engineering Department and with Carver County. Tom Chaffee will provide additional details concerning this item. The last item being requested is a new budgetary category we are proposing for the Senior Commission. As the Council is aware, the Senior Commission is an entirely new body that will be appointed to make recommendations to the City Council on senior needs. At this time, it is not envisioned that the commission will have any capital expenditures apart from those funded by CDBG funds in 1991. However, I believe it is advisable to set aside funds for meeting support, for subscriptions, for travel and training and related expenses for commission members and staff so that this complex job may be handled as efficiently as possible. The only exception to this is the possibility that the commission will want to undertake a specific housing needs study in relatively short order. It is possible that this may be funded out of CDBG funds although this is not clear at this time. In addition, some funding level would be appropriate for public informational materials and to support what will likely be a volunteer effort to develop informational resources for seniors to be available at City Hall. Staff is recommending that $3,000 be appropriated to cover these items.