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Admin Section 11 ADMINISTRATIVE SECTION I Park and Recreation Commission Attendance Record Housing and Redevelopment Authority Attendance Record & meeting schedule ' Public Safety Attendance Record Summons and Notice of Claim for Damages dated January 15, 1988 ' Message from a homeowner living on Linden Circle Memorandum from Barbara Dacy dated January 20, 1988 Memo from Bill Boyt dated January 12, 1988 Board Report Newsletter/School Board Highlights Letter to Fire Department Members dated January 11, 1988 Letter from Jim Chaffee dated January 5 , 1988 Memo from Jo Ann Olsen dated December 16 , 1987 Letter from Roger Knutson dated January 6 , 1988 ' Light Rail Transit Newsline Letter from Family of Christ Lutheran Church dated December 31 , 1988 Special Meeting Notice regarding City-Wide Postal Change I I I I I . I I 'j:• I IPPi-";,e, :,'.:4'‘..0 z-`),EC qi..7.f.: I I UN r DAY'I t-13:::3 I ON Wiri'E.N D (.. I t ,3' t J t r:. 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II Larry Schroers X X X X X X X X 100% Ed Hasek ' X X X X A X X A 75% II Above is the attendance record for 1987 for the Park and Recreation Commission. The Council periodically requests to review the attendance of each of the Commissions . The Commission I bylaws state that members are to attend 75% of the meetings each year. I No action is required on this item. I only wanted to let you know where you stand. II 1 ,, 1 I II HOUSING AND REDEVELOPMENT AUTHORITY ATTENDANCE RECORD 1987 1/15 2/19 3/19 4/16 5/14 6/11 7/30 8/13 9/10 10/5 11/12 12/17 / 1p Whitehill x A A A x x x A A x A x (?' Horn x x x x A x x x x x x x 1° Y Bohn x x x x x x x x x x x x oo Swenson x x A A x x x x x x x x i4 , 1 114 Robbins x x x x A x x x x x A A )�z `� MI I OM Mi r Mli MN MIN In r In r MN EN OM IMIll 1111111 MI NM II CITY OF liv2,4,- A.,,,,(---- CHAHAEN� I `\ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "? 44= (612) 937-1900 I MEMORANDUM ITO: Housing and Redevelopment Authority 5:7 I FROM: Todd Gerhardt, Administrative Assistant DATE: January 15 , 1988 ISUBJ: HRA Meetings for 1988 I Listed below are the scheduled meeting dates for the HRA in 1988 . You will notice that some of the meetings are not scheduled on the third Thursday of the month. The reason for this change is I due to the conflict with City Council meetings scheduled for that same week. If you should have any problems with these dates , please let me know as soon as possible. IAll Meetings Times are at 7 : 30 p.m. IJanuary 21 July 21 February 18 August 18 IMarch 24 September 22 IApril 21 October 20 May 19 November 10 IJune 23 December 8 S M T W T f S S M T W T f S i I S M T W I F S S M T W T F S ' I JAN APR ( JULY OCT 1 2 =1 2 i 1 2 1' 3 4 5 6 7 8 913 4 5 6 7 8 9 3 4 5 6 7 8 9 2 3 4 5 6 7 8 ; 10 11 12 13 14 15 16 1 10 11 12 13 1 15 16 % i 10 11 12 13 15 16, 9 10 11 121114 15 17 18 19 20®22 23 11 18 19 20 22 23 i 17 18 19 20 22 23, 16 17 18 121 22 I 24 25 26 27 8 29 30 24 25 26 27 29 30 .•1 24 25 26 27 29 30 23 24 25 26 27 28 29 31 31 3031 FEB MAY AUG NOV 1 2 3 4 5 6, 1 2 3 4 5 6 7 1 2 3 4 5 6 1 2 4 5 7 8 9 10 12 13, 8 9 10111314 ' 7 8 9 101 1213 6 7 8 9 11121 1. 151617 1920 ' 15161718 2021 14151617(18)1920. 13141516 1819 21 22 23 24 5 26 27 i 22 23 24 25 26 27 28 :∎21 22 23 24'15 26 27 1 20 21 22 23 24 25 26 29 29 1128293031 27.282930 MAR JUNE SEPT DEC I 1 2 3 4 5 1 2 3 4' 1 2 3 2 3 4 3 7 8 9 10 11 12 5 6 7 8 9 10 lY 5 6 7 8 9 10 4 5 6 7 8 9 10 :13 14 15 16 18 19' 12 13 14 15 17 le• 11 12 13 14J, 16 17 1 11 12 13 1416 17 '_0 21 22 23 25 26 1 19 20 21 22(2 24 kJ ^, 118 19 20 21 23 24' 18 19 20 21 22 23 24 '28 29 30 1 126 27 28 29 30 I 125 26 27 281 30 25 26 27 28 29 30 31 I , . I CITY OF _, 1 \it a . , - , ,,,:,, , . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 1 MEMORANDUM ITO: Don Ashworth, City Manager _ FROM: Jim Chaffee, Public Safety Director I SUBJ: Public Safety Commission - 1987 Me ting Dates and Attendance Record IDATE: January 22, 1988 1 There were a total of eight (8 ) Public Safety Commission meetings held in 1987 . The following Public Safety Commission meeting dates were scheduled and held: 1 DATE MEMBERS ABSENT Jan 15 All Present 1 Feb 12 Hamilton IMar 19 Bohlmann Apr 23 Hamilton 1 Jun 4 Hamilton, Takkunen Jun 25 All Present 1 Aug 20 All Present Oct 22 Takkunen I It would appear that Wing and Takkunen ' s Commission terms expired in December 1987 . It would also appear that the 1 Commission intends to meet every third Thursday of the month throughout 1988. 1 1 1 JAN 15 1988 ' (- _ e),f, ' STATE OF MINNESOTA DISTRICTTt; J �ANHASSEN COUNTY OF CARVER FIRST JUDICIAL DISTRICT B. C. Burdick, 41, '` " ' /-4-'cf." cc pv�1C Petitioner, ' 1 v. SUMMONS SUMMONS //i d y The City of Chanhassen, iRespondent. ' THE STATE OF MINNESOTA TO THE ABOVE NAMED RESPONDENT. YOU ARE HEREBY SUMMONED and required to serve upon ' Petitioner's attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after the tservice of the Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against ' you for the relief demanded in the Complaint. Date i ��;/ .mss , y By /or- ism F. Kelly e Atttorney for Petitioner Attorney I. D. No. 54938 351 Second Street Excelsior, MN 55331 (612) 474-5977 Hair W. Kelly t‘er____ Attorney for Peti Attorney I. D. No. 132925 351 Second Street Excelsior, MN 55331 (612) 474-5977 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT I B. C. BURDICK, PETITIONER, , v. COMPLAINT AND PETITION FOR WRIT OF MANDAMUS THE CITY OF CHANHASSEN RESPONDENT. 1 TO: THE DISTRICT COURT OF MINNESOTA FOR THE FIRST JUDICIAL ' DISTRICT, CARVER COUNTY, MINNESOTA. COUNT ONE As and for his Petition herein, Petitioner states and alleges as follows: ' 1. Petitioner, B. C. Burdick is a resident of Bandera, Texas 78003 and has a summer home at 4930 Meadville Street, ' Greenwood, Minnesota 55331. 1 2. At all times , material herein, Petitioner has been and is the owner of the following described real property in the City of Chanhassen, County of Carver, State of Minnesota. That part of the Northeast Quarter of the ' Northeast Quarter of Section 14, Township 116 North, Range 23 West of the 5th Principal Meridian, lying northerly of the northerly right-of-way of State Highway No. 5 as monumented. ' 3. The Petitioner filed a preliminary plat under the name and title of Burdick's 2nd Addition, to subdivide the 17 acres of commercial land described in Paragraph 2 and located South of West 78th Street, North of State Highway No. 5 and East of Powers ' Boulevard in the City of Chanhassen, Minnesota into five lots on or about May 14, 1986. ' 4. On June 25, 1986, the Planning Commission, City of Chanhassen recommended that the City Council , City of Chanhassen, approve Petitioner's request to subdivide the petitioner's property referred to in paragraph 3 into five lots . 5. On July 21 , 1986, the City Council approved the preliminary plat of Petitioner's property known as Burdick's 11 Second Addition. This approval was subject to the following conditions. 1 ' 1 . The developer either combine Lots 1 and 2 or that he provide access through Lot 2 for Lot 1. In either case, no access onto West 78th Street will be allowed 1 closer than 300 feet to the corner of Powers Boulevard and West 78th Street. 2. Sanitary sewer plans must be submitted and approved prior to final plat approval. 1 ' -2- 1 i I 6. On or about September, 1986 , the City Council, City of , Chanhassen approved plans for the 1987 Trunk Sanitary Sewer Extension. 7. This municipal trunk sanitary sewer extension brought sanitary sewer service to petitioner 's property and met the ' condition for the Petitioner to receive final plat approval. 8. The City Council requested temporary and permanent ' easements for construction of a trunk sewer line over a part of the proposed plats of the Petitioner's property, which property ' easement is described as follows: THAT PART OF: ' The Northeast Quarter of the Northeast Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, except County State Aid Highway 16 right-of-way described as follows : A PERMANENT EASEMENT: Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence easterly along the north line of said Northeast Quarter of the Northeast Quarter 107.00 feet to the point of beginning; thence southerly at right angles to said north line 82.00 feet; thence easterly at right angles 58.00 feet; thence northerly at right angles , to said north line thence westerly along said north line to the point of beginning. -3- 1 1 A TEMPORARY CONSTRUCTION EASEMENT: Commencing at the Northwest corner of said 1 Northeast Quarter of the Northeast Quarter; thence easterly along the north line of said Northeast Quarter of the Northeast Quarter 107.00 feet to the point of beginning; thence 1 southerly at right angles to said north line 107.00 feet; thence easterly at right angles 83.00 feet; thence northerly at right angles, 1 to said north line thence westerly along said north line to the point of beginning. 1 9. The request for the easement was conveyed to Petitioner in a letter from the Respondent 's attorney dated April 7 , 1987. 1 Respondent also requested a Waiver of Trespass in the April 7, 1 1987 letter. (copy of the letter and Waiver of Trespass attachment is attached marked Exhibit "A" and incorporated herein 1 as part of this count) 1 10. The Petitioner granted the Trespass Waiver as 1 requested. Petitioner further agreed to provide without cost to the City a lateral sewer easement so as to facilitate the sewer ' service construction serving his proposed plat property. 1 11. The Petitioner filed with the Respondent the final plat for his property in early June of 1987. 1 12. Respondent's staff recommended the final plat be approved for Petitioner ' s property by the City Council , City of Chanhassen on June 24, 1987 . The Staff recommendation was that approval be subject to the following: 1 -4- 1. Provision of a drainage easement. ' 2. Provision of a utility easement for the trunk sewer. 13. The Respondent 's City Attorney recommended that additional conditions be placed on the approval of the final plat. These new conditions involved the granting of both the ' temporary and permanent easements for trunk and lateral sewer lines. (see Exhibit B, letter of June 26, 1987, of City Attorney ' attached and incorporated herein as part of this count) 14. The Final Plat Approval for the Burdick's Second Addition 'was placed on the Consent Agenda of the Respondent g p nt for a June 29, 1987 meeting of the City Council of City of Chanhassen. This item was tabled to a later meeting when the City expressed concern that conditions for the plat approval had not been met. I Petitioner attended this meeting and pointed out that the original conditions placed on the Petitioner had been met via the Petitioner's agreement with the City to allow installation of a trunk sewer line on his property on the condition that there be negotiation for a fair and just compensation for the taking of ' Petitioner' s property for installation of the trunk sewer line. Petitioner informed Respondent of his full agreement to g rant I -5- I i 11 ' easements without cost to the City for the lateral sewer line. ' Continued refusal by the Respondent to approve the final plat amounted to the taking of the Petitioner' s plat and holding the same until Petitioner agreed to give without just compensation the trunk sewer easement demanded by the City. The trunk sewer as installed served properties in addition to that owned by the Petitioner. ' 15. Respondent agreed to reconsider approval of the Final Plat for Petitioner' s property at the July 20, 1987 City Council Meeting. Again the Respondent placed Final Plat Approval on the Respondent 's Consent Agenda. I 16. At the July 20, 1987 City Council Meeting, the Respondent unanimously approved the consent agenda as written and without amendments. The consent agenda specifically included the approval of B. C. Burdick' s 2nd Addition Final Plat. ' 17. Later, the Respondent altered the Council Minutes of the City Council Meeting of July 20th. The change was to eliminate approval of the Final Plat and substitute a granting of -6- I 1 I 1- / an extention for preliminary plat approval . This was in violation of Minnesota Open Meeting Law, Minn. Stat. §471.705 Subd. lb. 1 18. Respondent at its August 3, 1987 meeting again placed Petitioner's plat on the agenda for action as new business . At ' this meeting the City Council by action stated it approved the final plat of Respondent 's property subject to Petitioner ivin , 8 g without payment the permanent and temporary trunk easement and a drainage easement to be determined by Respondent's engineer. 19. The Respondent has demanded Petitioner give it three utility easements of which the Petitioner has responded by providing two of the three requests, to wit: A drainage easement I and a lateral sewer easement. The third, which the Petitioner has refused to grant, is a sewer easement for trunk sewer ' construction and location which the Respondent had earlier agreed to purchase or condemn from Petitioner and which property is used to provide sewer lines serving properties other than those of , Petitioner. 20. Respondent is enjoined by Article 1 §13 of the constitution of the State of Minnesota, and the Fifth and ' Fourteenth Amendments of the Constitution of the United States , 1 that private property shall not be taken, destroyed or damaged -7- i I I for public use without just compensation therefore, first paid or secured. i 21. Petitioners are the parties beneficially interested in the issuance of a writ of mandamus herein and have no plain, ' speedy, and adequate remedy against respondents in the ordinary course of law. 1 ' 22. Respondent has taken the Petitioners property for public purpose without compensation first paid. 23. The Respondent has intentionally and willfully failed to initiate eminent domain proceedings to acquire the ' Petitioner's property as described in paragraph 8 above which it has usurped and used for the purposes of constructing a trunk sewer line which will directly benefit the Respondent City of Chanhassen and other properties as well as impact the Petitioner. 1 24. Respondent must be compelled to initiate eminent domain proceedings in accordance with the United States and Minnesota Constitutions and Chapter 117 of Minnesota statutes to condemn the property herein before described in Paragraph 8. I -8- 1 11 C 11 25. Petitioner is entitled to reasonable attorney fees, and other costs and disbursements incurred in this action under and ' pursuant to Minnesota Statute §117.045. i COUNT TWO I 26. Petitioners incorporate herein by reference the allegations contained in Paragraphs 1 through 25 of Count One. 27. The Respondent has imposed a condition on the Petitioner in order that the Respondent will receive a free ' easement from the Petitioner for land used as a trunk sewer line in return for final plat approval of the Petitioner's property. This trunk sewer line will result in a permanent physical ' occupation of the Petitioner's property. I 28. By imposing this new condition, the Respondent has reneged on an agreement with the Petitioner to pay just compensation for the trunk sewer easement in return for the right to enter and use Petitioner's property. 1 29. As a result of the Petitioner' s refusal to grant without charge the trunk sewer easement, the Respondent has I -9- I I C declined to execute necessary documents to approve the final plat of Petitioner's property. I 30. The demands of the Respondent go beyond the Respondent 's authority. These demands violate the Petitioner' s Constitutional right to just compensation and right to use his property under Minnesota Statutes and the Ordinances of the City of Chanhassen. 31. The Respondent has also refused and continued to refuse ' to allow the Petitioner to grade his property resulting in the Petitioner' s inability to offer the property for sale. 11 32. These arbitrary and capricious acts have had the effect ' of confiscating, during all times pertinent herein, the entire 17 ' acres of the proposed plat and have effectively denied any economically viable use of the land during said time. 1 33. As a result of these arbitrary and capricious acts, the ' Petitioner has suffered damages in excess of $50,000.00. 34. Petitioner is entitled to an Order of this court requiring the Respondent to execute those documents necessary to permit Petitioner to file his final plat with the County of Carver. I ' -10- 11 COUNT THREE 35. Petitioner incorporates herein by reference the 1 allegations contained in paragraphs 1 through 34 of Counts One and Two. I 36. The Respondent was allowed access to the Petitioner's property under a Waiver of Trespass Agreement. ' 37. The Waiver of Trespass Agreement anticipated temporary ' and permanent easements would be negotiated between the Petitioner and Respondent. (i.e. trunk sewer easement) 38. The Respondent has employed the agreement to intrude upon the Petitioner's property but has refused to recognize the I terms of the agreement to pay just compensation for property taken for a trunk sewer easement. ' 39. The Respondent has refused to negotiate or disucss their obligations under the Waiver of Trespass Agreement and has affirmatively indicated that they do not desire to have any conversations or correspondence on the matter. (See letter of ' City Planner, November 4, 1987 marked Exhibit E incorporated in this Count as if fully set out) . I 40. Respondent has trespassed upon Petitioner's property and Petitioner has suffered damages thereby in an amount to be 1 determined. -11- 1 ' COUNT FOUR 41 Petitioner incorporates herein by reference the ' allegations contained in paragraph 1 through 40 of Counts One, Two and Three. 1 ' 42. This is an action at law to redress the deprivation under color of statute, secured to the Petitioner by the Fifth and Fourteenth Amendments to the Constitution of the United States (42 U.S.C. 1983) and arising under the laws of the 1 statutes of the State of Minnesota. 43. The Petitioner has been consistently and systematically denied his Constitutional right to just compensation first paid before property is taken by Respondent. 1 ' 44. The Petitioner possessed a legitimate claim of entitlement to the final plat approval hereinbefore described. 1 45. The Petitioner has complied with the original ' conditions placed on him for final plat approval. 1 -12- 1 1 1 ( 46. Subsequently, the Respondent by its City Council did approve at its July 20, 1987 meeting the final plat of I Petitioner's property described as Burdick' s 2nd Addition. 47. Despite approval of the plat by Respondent, the ' Respondent did thereafter intentionally change its Council Minutes and did attempt thereby to coverup its previous approval , of Petitioner's final plat at its July 20, 1987 Council Meeting. 48. Respondent, at its City Council meeting of August 3, 1987 , continued to attempt a further coverup of its � P p prior actions on the plat approval by placing the Petitioner's plat on the 1 Agenda under "Consideration of Final Plat Burdick' s 2nd Addition"; and, in fact, voted for the second time to approve ' such final plat conditioned upon the following: 1 . Permanent utility easement and construction. ' 2 . Drainage easements. Despite the fact the Respondent had reviousl approved the said P Y PP plat without these conditions , the Respondent notified the ' Petitioner of the action by letter of August 6, 1987. (Copy attached marked exhibit C and is incorporated in this Count as if ' setout in full) -13- 49. Petitioner has met all of the Respondent 's conditions and possesses a legitimate entitlement to the final plat, the Petitioner has been denied Respondent 's approval to record his ' final plat pursuant to Statutes of State of Minnesota. The City 's final position is setout in the letter of its attorney ' dated August 10, 1987, wherein the granting of the trunk sewer ' easements were to be a "condition of platting". (Copy of the letter is attached hereto marked exhibit D and included in this ' Count as if fully setout) 50. The Respondent during all times referred to herein, has ' followed and allowed, consented thereto, and with full knowledge and approval of Respondent has permitted its agents and employees to follow a course of conduct toward the Petitioner under color of pretense of law designed to and intended to deny Petitioner the right to the use, title, and possession of his real property ' located in the City of Chanhassen; that such acts related to the property hereinbefore described as well as to other property ' owned by Petitioner and described as follows : ' Lot 8, Block 1, FRONTIER DEVELOPMENT PARK, Carver County, Minnesota, according to the recorded plat thereof. Lot 9, Block 1, FRONTIER DEVELOPMENT PARK, Carver County, Minnesota, according to the ' recorded plat thereof. -14- I r . 1 51. Petitioner alleges damages in the amount in excess of $50,000.00 and to entitlement to attorney' s fees and costs 1 pursuant to 42 U.S .C. §1988. NOTICE ' 52. Petitioner has served the proper Notice of Claim ' pursuant to Minn. Stat. §466.05 to Respondent. This Notice documents the claims against Respondent and the compensation demanded for the damages the Petitioner has incurred as a result ' of the action of the Respondent. 1 WHEREFORE, Petitioner prays this Court for the following relief: 1. As to Count One: (a) For a writ of mandamus compelling respondent to immediately initiate eminent domain proceedings for the acquisition of a trunk sewer easement. ' (b) For the determination of just compensation due ' Petitioner for the taking of petitioner' s property herein described. -15- I 11 (c) For Petitioner's costs and expenses, including reasonable attorney' s fees pursuant to Minn. Stat. §117.045 . I 2. As to Count Two: 1 (a) For damages in excess of $50,000.00 for the placing of a permanent on object petitioner' s J p land and the ' denial of any economic viable use of the entire parcel of land to the Petitioner during times alleged. (b) An injunction or writ of Mandamus requiring the Respondent to execute the necessary documents Y to allow ' the Petitioner to record the final plat of Burdick's 2nd Addition described herein. 1 3. As To Count Three: 1 (a) For treble compensatory damages in the amount of three times an amount to be determined or the fair market ' value of petitioner's property, without the trunk sewer encumberance, whichever is greater, as provided for in ' Minnesota Statute §548.05 and §561.04. 1 -16- 1 i I 4. As to Count Four: (a) Judgment against Respondent in an amount in excess of $50,000.00. , (b) Reasonable attorney's fees pursuant to 42 U.S.0 1988 . I 5. For petitioners costs, disbursements and reasonable attorneys ' fees as to all counts. ' 1 Dated: ��' fj- KELLY LAW OFFICES By Yiam r W . Kelly �f Attorney for Petitioners Attorney I. D. 54938 351 Second Street Excelsior, MN 55331 (612) 474-5977 1 B ,Mar W. e y Attorney for Petitioners Attorney I. D. 132925 351 Second Street Excelsior, MN 55331 (612) 474-5977 -17- ' I LAW OFFICES. GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1374-1961 PROFESSIONAL ASSOCIATION TELECOPIER. ' DAVID L. GRANNIS,JR. - 1910-1980 (612) 455-2359 POST OFFICE Box 57 VANCE B GRANNIS 403 NORWEST BANE: BUILDING DAVID L. HARMEYER M. CECILIA RAY VANCE B GRANNIS,JR 161 Nolan Comm) ExCIIANGII ELLIOTT B KNETSCH PATRICK A. FARRELL DAVID L. GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J MAYER ROGER N. KNUTSON TELEPHONE: (612)455-1661 April 7 , 1987 Mr. B. C . Burdick 426 Lake Street Excelsior , MN 55331 Re: City of Chanhassen - 1987 Trunk Sanitary Sewer Extension Parcel 4 Dear Mr. Burdick: Pursuant to my telephone conversation with your son, Brian Burdick, ' I am enclosing a Waiver of Trespass and parcel drawing in connec- tion with the above referenced matter. The City of Chanhassen needs to acquire temporary and permanent easements from you. The City would like to begin construction on this project immediately. I would therefore ask for your cooperation in signing and returning to me the enclosed Waiver 11 of Trespass form. This will enable the City to enter upon your property and begin construction. Signing this Waiver does not waive any rights you may have to compensation for these temporary and permanent easements . We are in the process of having your parcel appraised and will contact you when it is completed with a settlement offer. ' If you are not willing to grant the City a Waiver, would you please notify me immediately. ' Thank you for your cooperation in this matter, and if you have any questions , please call me . Very truly yours , GRANNIS , GRANNIS , FARRELL ' & KNUTSON 1 BY ' ./ Valerie Linaman Legal Assistant to Roger N. Knutson VL : tc ' Enclosures ' EXHIBIT "A" ` ( r- CITY OF CHANHASSEN ' 1987 TRUNK SANITARY SEWER EXTENSION 11 PARCEL NO. 4 WAIVER OF TRESPASS The undersigned, owner, tenant or contract for deed vendee , , of certain land in the City of Chanhassen, do(es) hereby consent and grant unto the City of Chanhassen , its agents and assigns , the right to enter upon and commence construction and all activities required in connection therewith, of a public improvement for trunk sanitary sewer extension over and across the property ' described on the attached Exhibit "A" . It is further understood that this Waiver does not constitute a waiver on behalf of the owner or tenant to any claim for damages for the removal of trees , brush, crops or for the acquisition of ' temporary easements over the above property for the purposes of public improvement by the City of Chanhassen , its agents and assigns , and by the general contractor. 1 Dated: , 1987 . B. C . Burdick I I EXHIBIT "A", Page 2 • EXHIBIT A Parcel 4 A temporary construction easement for sanitary sewer purposes over, under and across the following described property: The Northeast Quarter of the Northeast Quarter of Section Range 23, Carver County, Minnesota, except County State Aid 4Highway h16 116, Iright-of-way: Said permanent easement is described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence easterly along the north line of said Northeast Quarter of the Northeast Quarter 107.00 feet to the point of beginning; thence southerly at right angles to said north line 82.00 feet; thence easterly at right angles 58.00 feet; thence northerly at right angles, to said north line and there terminating. Said temporary construction easement is described as follows: Commencing at the Northwest corner of said Northeast Quarter of the I Northeast Quarter; thence easterly along the north line of said Northeast Quarter of the Northeast Quarter 107.00 feet to the point of beginning; thence southerly at right angles to said north line 107.00 feet; thence I easterly at right angles 83.00 feet; thence northerly at right angles, to said north line and there terminating. Said temporary construction easement to expire one from the date of acquisition hereof. • I I I I I I EXHIBIT "A", Page 3 I ( LAW OFFICES C GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 • POST OFFICE Box 57 (612) 455-2359 VANCE B. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYF VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE M. CECIUA RAY PATRICK A. FARRELL ELLIOTT B. KNETSCH DAVID L. GRANNIS, III SOUTH ST PAUL, MINNESOTA 55075 MICHAEL J. MAYER ROGER N. KNUTSON II TELEPHONE: (612) 455-1661 June 25 , 1987 Mr. B. C. Burdick II 426 Lake Street Excelsior, MN 55331 II Re: City of Chanhassen - 1987 Trunk Sanitary Sewer Extension Dear Mr. Burdick: I I am enclosing a copy of the drawing with respect to the easement I we discussed today. I also enclose a copy of our letter dated April 7 , 1987 wherein we sent you this map. I concur with your assessment that our engineer ' s description 1 is flawed because it does not close. The engineer is out until Monday, but I think that you and I can complete this description. II The descriptions on both would be complete by eliminating the language "and there terminating" and adding "thence I westerly along said north line to the point of beginning. " Please call me . truly ours I Very Y Y , GRANNIS , GRANNIS , FARRELL I & KNUTSON i ---• „_______.ti--' vl Patrick A. Farrell Enc . II P. S . I also enclose a map which we received from Mr . Engelhardt. II 1 II EXHIBIT "A", Page 4 I i'4, LAW OFFICES t r IGANNIS, GRANNIS, FARRELL & KNUTS .N DAVID L. GRANNIS- 1374-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612) 455-2359 I VANCE B GRANI:IS 403 NOR\/EST BANK BUILDING DAVID L.HARMEYER VANCE B. GRANNIS, R. EL CECILIA B. RAY , J 161 NORTH CONCORD EXCHANGE EuIOTT B. KNETSCH PATRICK A. FARRELL MICHAEL J. MAYER DAVID L. GRANNIS, II1 SOUTH ST. PAUL, MINNESOTA 55O75 ROGER N KNUTSON TELEPHONE: (612)455-1661 June 26 , 1987 1 II Ms . Barb Dacy City Planner • City of Chanhassen II Chanhassen City Hall P . O. Box 147 690 Coulter Street IIChanhassen, MN 55317 Dear Ms . Dacy: IIAt the request of the City engineers , we are acquiring easements for sanitary sewer, laterals and trunk, on property located in Burdick Park Second Addition. It is my strong recommendation I that all of these matters be considered and acquired as part of the approval for Burdick Park Second Addition . Sheet 2 of 5 of William Englehardt, Project No. 87-91-01 , is a graphic of II the easement required. I am enclosing a graphic of the McCombs drawing. I I note that on the plat , there is a drainage and utility easement located but this does not correlate with the easements required by Englehardt and McComb-Knutson. Clearly there should be coordina- tion of the efforts of these engineering groups and the City so that the City is not required to seek easements from the platter after the plat is recorded. IIf you have any questions , please contact me and I will be happy to meet with you. IVery truly yours , GRANNIS , GRANNIS , FARRELL & KNUTSON II I BY G Y Patrick A. Farre PAF : tc I Enclosure IEXHIBIT "B" I ' . . • ...- r . Q: c *I-•4 •,," , --k 1 ..., , - ., .„ 1:-_—.--q. II . 6 1 i 1 . ■) i F.: I o . • I ..... ,N. I 1 Q.: CO I W.: I I 1 1 1 l',,,? I •1 .• N kJ I 1 1 71% I 06 lillu‘si7- i 1 , . ••:,.., 4.,.:: ji 9-: '.7 /;•Z'uti: , I ... I-1-1 ■.... 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BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 August 6 , 1987 ' I Mr. B. C. Burdick 426 Lake Street It Excelsior, MN 55331 Dear Mr. Burdick: This is to confirm that the City Council at the August 3 , 1987 II, ,meeting approved your final plat subject to: II1 . Identifying the permanent utility easement as reflected in Attachment #1 of the staff report and provision of a tem- porary easement as reflected in Attachment #.l . II 2 . Reserving a drainage easement encompassing an area that meets the storage requirements dictated in the feasibility study. As you know, the Council approved Alternate A in the feasibilit 11 y study for the direction of a stormwater drainage. As a result, the stormwater ponding requirements on your property need to be II sized for the amount of runoff that is generated solely from your property. Therefore, a drainage easement area should be indicated somewhere on the plat sized to accommodate runoff from the property. It is suggested that your engineer provide calcu- 1 lations verifying the rate of runoff, amount of storage, and ponding size to verify the dimensions of the drainage easement. } I IIShould you have further questions , please feel free to contact me. Si. ere y, Bar.ara Da y il City Planner BD:v II cc: Roger Knutson Pat Farrell II Gary Ehret Larry Hanson ' I 1 EXHIBIT "C" il ■ 1 LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 (612)455-2359 POST OFFICE BOX 57 VANCE B GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER VANCE B GRANNIS,JR M.CECILIA RAY PATRICK A. FARRELL I61 Nolen(CONCORD EXCHANGE ELLIOTT B KNEISCH DAVID L. GRANNIS, 111 SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MAYER ROGER N KNUTSON TELEPHONE. (612)455-1661 ' August 10 , 1987 Mr. William Kelly Attorney at Law 351 Second Street Excelsior, MN 55331 Re : Burdick Second Addition Dear Mr. Kelly: In response to your letter of August 5 , 1987 , to Mr. Thomas Hamilton , the City Engineer gave easement documents to Mr. Burdick which he either executed or held up at the last minute for the purpose of asking $16 , 000 for a small permanent ' easement where he had previously granted a right of entry. I discussed the matter with Mr. Burdick and with you and advised that easements were required as a condition of platting. At the Council meeting on August 3 , 1987 , the q uestion of drainage easements was considered and the Council determined ' that Mr. Burdick should dedicate an easement on his property for the water from his property. A copy of the City Planner ' s letter to your client is enclosed. Please review this matter as soon as possible and lets try to meet and resolve this matter. 1 Very truly yours , GRANNIS , GRANNIS , FARRELL & KNUTSON lI 4/// vi Patrick :' {Farrell Enc . cc : Mr. Thomas Hamilton Mr . Don Ashworth Mr. Gary Warren Ms . Barbara Dacy EXHIBIT "D" I I I 1 r I 1 1 1 I 1 I I 1 1 1 1 • JAN 15 1988 NOTICE OF CLAIM CITY OF CHANHA55tt■ 4,aieut.Z.4('2L 1 TO: THE CITY COUNCIL OF THE CITY OF CHANHASSEN 1 a, ; i/is/W 1 Notice is hereby given to you, on behalf of B. C. Burdick, of his claim for damages against you by reason of the action of the City Council, City of Chanhassen, and the agents and employees of the City Council acting within the scope of their employment. The damages relate to the real property described in the filed plat known as Burdick's 2nd Addition and is described as follows : 1 1 That part of the Northeast Quarter of the Northeast Quarter of Section 14, Township 116 North, Range 23 West of the 5th Principal Meridian, lying northerly of the northerly 1 right-of-way of State Highway No. 5 as monumentad. The damages also relate in part to the following described property: Lot 8, Block 1 , FRONTIER DEVELOPMENT PARK, 1 Carver County, Minnesota, according to the recorded plat thereof and Lot 9, Block 1, FRONTIER DEVELOPMENT PARK, Carver County, Minnesota, according to the recorded plat thereof. 1 1 These claims matured on August 3, 1987. 1 47 47 The damage claims are as follows: I 1. The City Council , City of Chanhassen, has caused the construction of a trunk sewer line on the property of B. C. Burdick without having a right to do so and in violation of an 1 agreement to compensate B. C. Burdick for the use of his property. B. C. Burdick will bring an inverse condemnation of 1 action to requre the City Council, City of Chanhassen to condemn the property in question and compensate B. C. Burdick for its use. 2. The City Council , City of Chanhassen, has refused to execute documents necessary to record the final plat of the property of B. C. Burdick and has refused to allow B. C. Burdick to grade or further develop the property in question. The I refusal has caused Mr. Burdick loss of all economically viable use of the entire parcel of land since August 3, 1987. B. C. ' Burdick will seek damages in excess of $50,000.00 for the denial of his economic usage of his property. B. C. Burdick will also seek an Order of the Court mandating the City Council to execute those documents necessary to permit filing of y p g the plat of B. C. Burdick' s property. 1 -2- « a 3. The City Council , City of Chanhassen caused its agents to execute an agreement with B. C. Burdick in which B. C. Burdick allowed the agents of the City of Chanhassen access to his ' property via a Waiver of Trespass Agreement in return for compensation for the taking of B. C. Burdick's property. The City Council has reneged on this agreement and has refused to compensate B. C. Burdick for the taking of his property. The agents of the City Council of the City of Chanhassen have thus trespassed on the property of B. C. Burdick as a result of the repudiation by the City Council of its agreement with B. C. Burdick. B. C. Burdick will seek an undetermined amount of damages as a result of this trespass cause of action. 4. The City Council , City of Chanhassen, has refused to execute the documents required to allow B. C. Burdick to record ' the final plat of ro ert -" after M P P Y Mr. Burdick has met all conditions established by the City Council, City of Chanhassen, for final approval of his plat. B. C. Burdick has a legitimate entitlement to the execution of documents necessary to record his final plat as a result of meeting the City Council ' s condition. The failure to execute these documents and the previous unauthorized taking of other property belonging to B. C. Burdick under pretense of State law, amount to a violation of B. C. Burdicks constitutional right to not have his property taken for ' -3- 1 4. II 1 a public purpose without just compensation. B. C. Burdick will bring a cause of action pursuant to 42 U.S.C. §1983 to redress I the deprivation of his constitutional rights. B. C. Burdick will seek in excess of $50,000.00 in damages for this claim. II 1 B. C. Burdick will also seek reasonable attorney's fees under Minn. Stat. §117.045 in forcing an inverse condemnation 1 action, reasonable attorney' s fees under 42 U.S.C. §1988 in Ibringing a 42 U.S.C. §1983 action and also reasonable attorney' s fees as to all other claims. 1 II Date ,, , /� �� y J�� By 7/37-Irdn---iam F. Kell G Y Attorney for B. C. Burdick I Attorney I .D. No. 54938 I 351 Second Street Excelsior, MN 55331 (612) 474-5977 I B k K- /, ' Mau' W. Kelly i ' . Attorney for B. C. Burdick Attorney I. D. No. 132925 351 Second Street Excelsior, MN 55331 (612) 474-5977 B. C. Burdick 4930 Meadville Greenwood, MN 55331 1 -4- I I do /kiwi pac - I _ AYCaTI 0:N1- TAB., ' To: L _ ttic_ .-� Date - Z U Fron / i f��� ' ❑ FOR YOUR COMMENTS YOUR INFORMATION ❑ FOR YOUR APPROVAL ❑ NOTE & RETURN ❑ TAKE APPROPRIATE ACTION ❑ NOTE & FILE ❑ CALL ME ❑ FOR YOUR SIGNATURE ❑ SEE ME ❑ ❑ REPLY & SEND ME COPY ❑ COMMENTS: 016 1 c-4'1-4 macki.:LltxcL._, 1 - a-t;_ c. k t-' c -L_c - r.c b CL,,)V Cato —1 E ci C/2/Y11-4*. cam. 1 C I C-Q - tom - 0.-cf 1 • U � Ct Form OA-4 - ©Copyright 1969,1970 Laurel Office Aida,Inc.,Bronxv11114 N.Y. Cr,.?) Distributed in Canada solely by V.W.Eimicke.Ltd.,Peterborough,Ontario. . rr ") , Ste,, 1 CITY OF f „ CHANHASSEN � °' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55 � - � 55317 (612) 937-1900 1 ' MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Barbara Dacy, City Planner DATE: January 20 , 1988 ' SUBJ: West 96th Street Neighborhood Meeting, February 25, 1988 Attached is the notice to homeowners along West 96th Street regarding a meeting on February 25 , 1988, 7 : 00 p.m. at City Hall to discuss potential road and other improvements in the area. ' Because this may become a future action item for City Council, the neighborhood has extended an invitation to the Mayor and City Council to attend the meeting. Unless directed otherwise, this ' memo will be included in the January 25 , 1988 , Administrative Packet. cc: Gary Warren 1 i i f f f f I . 1 January 14, 1988 ' Dear Neighbors, , The results of the survey circulated during the holidays indicated an overwhelming interest in doing something to improve West 96th Street. As a result, a neighborhood meeting has been scheduled for Thursday February 25th at 7PM at City Hall for all of us to meet with Gary Warren, City Engineer; Barb Dacy, City Planner; and some of the City Council Members. The meeting is intended to provide an opportunity for us to communicate to the City exactly what we'd like in terms of improvements to West 96th Street. The discussion will be open to everyone's ideas for improvement projects such as paving, drainage, improved siting, landscaping, etc. This meeting will also provide neighbors an opportunity to ask questions about Hwy 101 improvements and the long-term plans for water and other amenities. We have asked Gary Warren to discuss the City's procedures for performing neighborhood improvement projects. He will also review the City's standards for rural street construction and provide a rough cost estimate (based on other similar improvement projects) for upgrading and paving West 96th Street. The City currently has no plans to do anything unless a majority of those ' living on West 96th Street express a serious interest in conducting some kind of improvements. Therefore, whether or not you favor improvements at this time or perhaps a few years in the future, you should attend the meeting and openly contribute your ideas and concerns. If you have any questions between now and then, please feel free to call Gary Warren or Barb Dacy at 937-1900, or Dawne or myself at 445-7579. Tim & Dawne Erhart , /to `' � CITY OF CHANHASS REEN CHANHASSEN PLANNING DEPT. I 1 IThe undersigned petition the City of Chanhassen to conduct a feasability study to determine the feasability and cost associated with improving and Ipaving West 96th Street. ISOUTH SIDE I Mrs. Georgia Jeurissen t-L �.1 J,��,� -e_e��� I i 1 Wesley & Carol Dunsmore /%/ ig? i• / �Af ,7-•i'-. IRoland & Linda Fahning d' ."'w- «--� __�.• i / , i Ron & Linda Landin �C,'_l_FC.VCP/ a i.?..AL .�.) INathan & Sara Anderson e 11 . &t,,y-t '\,i, ITed & Karen Hasse xe 4��4 Ken & Mary Pung ex. I nca c -c-t' IWalter D. Warren , 1j► " 1 ,, A , /. ' 1J / Q --- Roger & Kimberly Lee � .�I. / � /�� _T , IM ' INORTH SIDE Tim & Dawne Erhart 7 ' " 4 e€7ze < /i c sc 7— IJames C. Sandell William F. Heinlein 481 ,4,--, I Richard Derhaa A ..t.ft_di 4111, •AL:. ..f t<I1t. k, sctvaJ Co I■ 0.^ IRalph Freudenborg A C1:7_ -t'C i -.;/ %A / IJim & Arlene Church 4- , A i - C—k,„, I Clifford W. Simons (' _;/_4: // I �l 2 �i�f� ����� � fv (1 / A� t- Y6�t �` c((r I • .e's. IIi,<' 2/, / (, ( _/ 1 -7 / , , „ _ 1 C January 12,1988 ' To: Chanhassen Park and Recreation Commissioners Fr: Councilman Bill Boyt Re: T Bar K trail easement During last night's City Council meeting the decision was made to turndown your trail recommendation. As the only Council member that supported your recommendation, I would like to share my impressions about why we failed to win approval and what we can learn from the experience. In the longrun this reversal may work in our favor. ' Reasons your recommendation was not supported: 1. Lori recommended an alternative she worked out with Tim ' Erhart, planning commission member, after your last meeting. See attachment. ' 2. The majority of the Council felt that because the T Bar K trail easement was not originally on our trail map and only included on the final plat for the property, it was asking too much of the property owner. 3. The majority of the Council felt that having two trails on ' one piece of property was an excessive burden for that property owner. Though each of these points has merit, I am disappointed that the citizens of Chanhassen have lost an opportunity to walk around a uniquely beautiful marsh. I am also disappointed that your unanimous recommendation was not supported by anyone else on the Council or staff. I think there are three things we can learn from this experience: 1. We need to walk the proposed trails , to confirm that they ' are appropriately located and gain the credibility that comes from first hand knowledge. 2. We need to acquire trail easements, as soon as possible, certainly before the property is proposed for development. This will avoid surprizes for the developer, property owner and trail planners. IC 1 11 3. We need asses,? the to asses the impact of an easement on any one property owner. If we cannot avoid a high impact, we should move ' to purchase the easement to minimize the owner's loss. Though it is easy to see the negative aspects of the council 's decision, there is also a positive side. The trail system was actually increased by extending it around the South side of the marsh. But we need to act now to acquire this easement. The pressures will be 11 too great once the property is considered for development. The park and trail systems in Chanhassen are one of my top priorities. ' Let's learn from last night and be better prepared in the future. cc: Lori Sietsema City Council • 1 I 13ICE)S ---- ft A✓,,(.f A Newsletter for the Employees of the Chaska Public Schools ' SCHOOL BOARD HIGHLIGHTS ' The School Board of Independent School District 112 held its regular January 6, 1988, meeting at 7:00 p.m. in the media center of Chaska Elementary School . The meeting was preceded by an informal coffee time with staff and parents. The ' Board heard a report on Chaska Elementary School 's integration of curriculum with media skills. Dianne Strandberg and Mary Booth made the report. BOARD APPOINTS FINANCE ADVISORY TASK FORCE ' Nineteen members of the 112 Community will be asked to examine the District' s financial needs and bring a recommendation to the Board concerning the need for ' an excess levy referendum. The current 5.5 mill referendum passed in 1985 is for three years only. No referendum funds will be available for the 1989-90 school year unless another referendum is passed prior to October 1, 1988. ' Members of the community to be asked to serve on the Finance Advisory Task Force are: Sue Boyt, Jeff Burzinki, Harold Ek, Al Grover, Tom Hamilton, Mike Higgins, Mary Johnson, Lee Miller, Fred Plocher, Charlie Robbins, Bob Roepke, Jerry Schmieg, Mary Stapleton, Barb Swanson, Denny Swanson, Bill Tessman, Dan York, ' Bud Walker, and John Wright. BOARD BEGINS DISCUSSION OF 1988-89 GOALS ' The Board began discussion on eight proposed goals for the 1988-89 school year. Dr. Ericson told the Board that the goals were being presented to focus budget ' and programming decisions for the next year. The proposed goals would not replace the broad goals established with the District's Mission and Philosophy. Rather, they are goals that focus attention on activities for a. particular school year. In addition to the proposed goals, Board members expressed interest in goals in the areas of evaluation of co-curricular activities, and training for parents in assessing the appropriateness of their child's educa- tion. ' The proposed goals are: 1) Continue to support the Curriculum Development and Review Process which will ' bring agreement between written, taught, and tested curriculum. 2) Provide staff development opportunities that will assist teachers to ' acquire/sharpen the skills needed to be effective managers of student learning. 1 I 1 II 3) Develop staffing structures that will provide teachers an opportunity to maximize professional performance and increase job satisfaction. 4) Encourage the cooperative management of schools whereby decision-making is shared by impacted parties. I 5) Encourage insight and input from parents so that each student's needs can be most effectively met. 6) Support the creation of a Youth Development Plan which addresses the comprehensive needs of District 112 youth in a constantly changing society. 7) Pursue an aggressive communications lan which will effectively p y project the positive District 112 story in the current public education marketplace. 8) Continue to assess facilities needs and creatively pursue the acquisition of it y new facilities within current fiscal constraints. _ GENERAL FUND PROJECTIONS UPDATED ' The Board received an update on projected general fund balances through 1990-91. The new figures reflected enrollment and teacher contract settlement data. The projections indicate a negative fund balance of more than $1 million by 1989-90. TAX ANTICIPATION CERTIFICATES DISCUSSED Bob Cully presented information concerning the role of tax anticipation cer- tificates. The Board authorized the sale of the certificates for $2,490,000. SPECIAL MEETING TO MEET WITH LEGISLATORS SET The Board will meet with area legislators on Monday, February 1, 7:00 a.m., at J 's. The purpose of the meeting is to discuss District 112 legislative concerns. SPECIAL MEETING TO STUDY SPECIAL EDUCATION SET Special education needs and services will be the focus of a special Board meeting set for Wednesday, February 3, at 7:00 p.m. PERSONNEL ITEMS Resignations: Lynn Lindow, Middle School Study Hall Supervisor; Todd Vollstedt, Boys' Tennis Coach Sabbatical Leave Approved: Susan Schierts, Senior High Communications, effective ' 988-89 school year Appointments: Kay Boyle, Middle School Study Hall Supervisor; Catherine ' Swanson, Chaska Elementary Special Education Aide; Shannon Wiseman, Speech Clinician, TMH Program, Chanhassen Elementary II II ' SUPERINTENDENT'S GOOD NEWS * The Carver Lions Club contributed another $5,200 to the playground project at ' East Union. * Two Chaska High seniors have been named Evans Scholars by the Minnesota Golf Association. David Artmann and David Borak received scholarships covering full ' tuition and housing in the Evans Chapter House at the University of Minnesota. * Forty-four juniors and seniors have been inducted by the National Honor Society at the High School . * Congratulations to eighth grader Melissa Pryzmus on being selected as one of 35 Minnesota students signing in the Regional Honors Choir of the American Choral Directors' Association. * Talk about "global awareness!" East Union fourth graders are marking the ' 200th anniversary of the arrival of the first settlers in Australia. The stu- dents made and sent greeting cards to children in Australia asking that they write back. The greetings are being delivered by the U.S. Coast Guard ship ' "Eagle. " * School District 112 is one of eleven State of Minnesota demonstration sites for teacher mentorship programs, January 1988-June 1989. A grant of $31,542 ' will enable the district to enhance its existing mentorship program, now in its first year. A new feature of the program is a partnership with Augsburg College to provide coordinated training experiences both for their students and our teachers. These efforts to create a coordinated teacher training continuum also are supported by the Medtronic Foundation's recent grant received to plan alter- ! !! instructional delivery models that use differentiated staffing. ' * As a school-wide project, Middle School students collected 3,500 items for donation to the Scott-Carver Food Shelf before Christmas. This was the sixth - and most successful yet - year for this holiday service project. Congratula- tions and thanks to counselor Deb Field for coordination of this effort! 1 I I 1 11 / ; CITY OF 1 CHANHASSEN - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 January 11, 1988 1 ' Greg Eidam 501 Laredo Lane Chanhassen, MN 55317 1 Dear Greg: ' Once again we find ourselves indebted to you and members of the Chanhassen Fire Department for your efforts on January 6, 1988 , at the old Instant Web building. Your response to the water flow 1 alarm at the building was the call of duty. Your staying to clean up was above and beyond the call of duty. The citizens of Chanhassen can be proud to have people of your 1 dedication to service and devotion to duty as members of the Fire Department. Our sincere appreciation for all your efforts on that cold night. Respectfully, 1 • O -7A 1 Don Ashworth City Manager 1 DA:ktm cc: Mayor and City Council/ Chanhassen Villager 1 South Shore News Fire Department Files 1 1 I Art Kerber Dale Gregory Tom Kelly 511 Chan View 7091 Redman Lane 7491 Saratoga Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 I Joel Hedtke Steve Madden Ron Payne 7611 Laredo Drive 9115 205th Street 509 Chan View Chanhassen, MN 55317 Lakeville, MN 55044 Chanhassen, MN 55317 Jeff Slater Todd Alcott Greg Eidam ' 7071 Redman Lane 7602 Kiowa 501 Laredo Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 1 I I ki, s-t- I CITY OF ,_(,_ ,,, , ,,,,,d- ,_ I \ .:‘ \ I A : CHANHASSEN I 4",:,` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINN --\,- ESOTA 55317 (612) 937-1900 IJanuary 5 , 1988 U 0n • 1:/. L- .,- Heather Naegele 3301 Shore Drive IExcelsior, MN 55331 Dear Heather: IIt is with sincere appreciation that I write this letter thanking you for your assistance on the ice during the medical emergency on Sunday, December 27 , 1987 . Without your help, the patient may I not have had the speedy assistance needed in those kinds of situations . I The use of your driveway, your snowmobile, and your CPR training certainly bode well your concern for a fellow human being. The City of Chanhassen is proud to claim you as one of our citizens I and the Chanhassen Fire/Rescue units are indebted to you for your service. Thank you again for your help above and beyond the call of a Icitizen' s duty. Sincerely, I . , / ( �"" / I I Jim Chaf "ee Public Safety Director IJC/ktm I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITYOF 1; CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Barbara Dacy, City Planner ' FROM: Jo Ann Olsen, Assistant City Planner DATE: December 16 , 1987 ' SUBJ: Update - Southwest Metro Transit and 1987 Solid Waste Program ' SOUTHWEST METRO TRANSIT In December, 1986 , the Cities of Chanhassen, Chaska and Eden Prairie initiated a bus service to serve the southwest metro area. The bus service consisted of an express route from Chaska, Chanhassen and Eden Prairie to downtown Minneapolis, an in- commute route which consisted of bus service from Minneapolis to Chaska, Chanhassen and Eden Prairie and a circulator service, which circulates between Chanhassen and Eden Prairie. There is also a Dial a Ride for Chaska. The express route has been the most successful route which has increased the monthly ridership from a daily average of 366 to 502. The in-commute has also increased from a daily average of ' 23 .8 to 46 riders. The circulator has not shown a high amount of ridership and the Commission is considering removing this route from the bus service. A Saturday service was added to the cir- culator in October but it is still to new to evaluate. The Dial a Ride has been successful and may be expanded in the near future. ' The Southwest Metro bus service has continued a high level of advertising for public awareness by providing a free month of rides and distributing information at public schools . A survey is being performed to receive comments from the riders to determine ' where the ridership is coming from, where they are going and how we can better suit their needs . The result of the survey will be expanded into a management plan which will be submitted to the RTB for their review. The service is under an 18 month trial period which ends April of 1988 . The program had a 1987 budget of $983 , 775 and staff is confident the service will continue past the trial period and will continue to expand. 1 I Barbara Dacy 11 December 16, 1987 Page 2 I 1987 SOLID WASTE PROGRAM In 1987 the City performed a spring and fall leaf pickup. As ' with the previous years there were certain areas that had a high participation and other areas that had low participation. The City is considering continuing curbside pickup for the high par- ticipation areas and establishing drop-off sites for the areas that have low participation to reduce the amount of area that the Public Works Department would have to travel. So far all of the costs for the spring and fall leaf pickup have been covered by Carver County and through the funds provided by the Metropolitan Council. The City will continue to provide the spring and fall leaf pickup program. Carver County has hired a Solid Waste Coordinator to work with the cities in establishing recycling programs. Staff is working closely with the Carver County Coordinator to initiate a pilot curbside pickup program and a drop off site for 1988. ATTACHMENTS 1 . Southwest Metro Information. 2 . Recycling Information. 1 I 1 I I I 11 u / if i SOUTI REST NE7RO TRANSIT I)/ RIDERSHIP REPORT EXPRESS IN-COMMUTE CIRCULATOR DIAL-A-RIDE Month 53-E 53-J Monthly Daily 54 A 54 8 54 C Monthly Daily 56 A 56 B Monthly Daily Monthly Daily TOTAL Total Av. Total Av. Total Av. DAR Total Daily 1986 , December 2,754 5,298 8,052 366 374 10 140 524 23.8 143 39 182 8.3 30 1.4 8,788 1987 January 3,097 5,759 8,856 422 428 19 143 590 28.0 256 115 371 17.7 59 2.8 9,876 February 2,900 5,095 7,995 400 445 22 210 677 34.0 I r.9 351 106 457 ' 22.9 106 ' 5•3 9,235 March 3,288 5,718 9,006 409 527 39 196 762 34.6 362 136 498 22.6 138 6.9 10,404 April 2,793 5,474 8,267 376 490 109 175 774 35.2 172 274 446 20.3 160 7.3 9,647 May 2,555 5,380 7,935 396 ' 500 94 308 902 47.0 432 705 1,137 51.7 132 6.0 10,106 June 2,904 6,035 8,939 406 558 118 325 1,001 45.5 368 448 816 37.1 200 9.1 10,956 July 2,919 6,100 9,019 392 397 107 259 763 33.2 403 440 , 843 36.7 136 5.9 10,761 August 3,305 6,195 9,500 452 490 113 281 884 42.1 395 372 767 36.5 143 6.8 11,294 September 3,525 6,482 10,007 476 475 85 287 847 40.3 303 280 583 27.7 214 9.7 11,651 October 3,715 7,341 11,056 502 406 225 379 1,010 45.9 562 25.5 195 8.9 12,823 r . Total Gen. Stu- Sr.'s Pap. dents November 3, 476 6,508 9,984 499 928 , 46.0 521 26.0 205 118 40 47 11,638 13a '133 2pi _a 351 0 . = r - MO NM • i r - - • = • • NM - I MN 11111111 1 _____IU : ! t € : S R . 1: C €.. 1 1 g g 11 - . # i! l l § ! E i I f i a l t F f € $ _ ../ , 44,.cl,:.,7 4. ... Atli t? ,..tia.1,tii3‘1 4 ..1W41111.1.027:!,thIlihtlimti...Ea; 7 li , 71C.:' I a * It V;:;‘': rf'SP II ''...... Jai 4,74W. �_ _ I — LAN[ .; I` IT ` ----am 11 -41)11111'44 I YM — % I N N E W A S N E A ._ \+ •'h—fill,� ''�'y#`� IW ry ,ne me .s— M IIII 11 ___. -� n „..r -;,,, �` —1^,.. LOTUJ _� _—•iwo °°-- 3 1111 `'I �A}�� ^ •- II, .�T1 ��4s. '{I�"'. I ii m 1 ` _ v bo LAN[ANN h:\��,t� _ __.'°, '.. .r...1„,,.., .......,_ .;, .. _,..., .. 11 ,o� ,!,! it-S `_ .. I -il 111 ' AI, illa bet . -:; • 2,_ ,,,,, - i :; .m i O HIV „- is :��-= !r �- 3 - . „.„„,„ 1 1, .,,-*--- ..T 1 , iv,,, ,,..- - ..... \�lo. Lx.54 —� -- LANE SUSAN Nt I ,,,,NG / ,,�i - RICE -SA LAN[ -° r r11�O a: t - �� Ri\► ` , e 4 CITY OF --. .pi NM —j1 3 — CHANHASSEN Po— _ TRach _ _ II BASE MAP o.–_ ( O, I LANE o, RILEY © _ # PA "! ii Ce w G wo2h Po _ t __ 1 t PREPARED BY: 1J! 11 L S- \ '' CHANHASSEN ENGINEERING DEPT. /90d• �i \ . ∎7- �• '— - - --� I Men r ALl, L.r...Ap ,.,_. -Room -= i fichs..te r ....... '1 r 1 / 6 � �. _ I , _I i 4 I 1 i I 111 i I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROI ESSIONAI.ASSOCIATION TEIECOPIER. DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612) 455-2359 VANCE B. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE M. CECILIA RAY PATRICK A. FARRELL ELLIOTT B. KNETSCH DAVID L. GRANNIS,III SOUTH ST PAUL,MINNESOTA 55075 MICHAEL J. MAYER ROGER N KNUTSON TELEPHONE (612)455-1661 January 6, 1987 Voto, Tautges, Redpath & Company, Ltd. P.O. Box 10678 White Bear Lake, Minnesota 55110 RE: Chanhassen Audit Dear Sir/Madam: Our office is legal counsel for the City of Chanhassen. You have asked for our response to the following questions: 1 . Nature and amount involved in any pending lawsuit, claims, or other actions in which the City is a defendant. Anderson, et al (Sunny Slope Homeowner' s Association) v. City of Chanhassen. Summons and Complaint was served April 2, 1987, and concerns the City' s denial of a variance request for a seasonal dock and the allowance of overnight docking. Plaintiffs are demanding in excess of $50, 000. 00. Discovery is continuing. KGC, Inc. v. Gerald Gens, et al (Chanhassen HRA) . Summons and Complaint was served July 31 , 1987. This is an action to enforce and foreclose a Mechanic' s Lien for the sum of $30, 464. 00. A pre-trial conference is scheduled for January 25, 1988. The City was named because it has entered into an agreement with the owner to write down special assessments on the property. 2. Our opinion as to the probable outcome of such suits, claims, and actions and of the City's liability thereunder. In our opinion the City has very little monetary exposure in either the Anderson or KGC matters. 3. Nature and amount of any direct or indirect liabilities of the City of which we may have knowledge. None. 'r ri_ci,..? • 77 1aH",11_ A ei •,,,,.-:_•_:, . I17 v v.. "A. J u a�. 7 FAMILY OF CHRIST LUTHERAN CHURCH i I Post Office Box 388 Church Phone Nate Castens. Pastor Chanhassen, Minnesota 55317 (612)934-5659 At Home 934-7870 il f Thursday, December 31 , 1987 II Don Ashworth / Todd Gerhardt I City of Chanhassen Chanhassen, Minnesota 55317 II Dear Friends: Thank you, Todd, for your phone call earlier this week. I appreciate your patience and willingness to discuss our congregation's concerns I about safety and parking. I understand your need for further informa- tion about parking along the street and the delay in returning that information to us. Since we had heard nothing, we were, of course, Iconcerned about how our complaints were being heard by the City. We, too, in this congregation, will need to learn new habits of parking and access to our building. New habits are sometimes hard to develop 1 but they are nonetheless possible. Making some difference, of course, is how we learn about changing habits. For our congregation, it would { have been helpful to have been informed about changes in parking and II access prior to their being carried out. Your initiative in communicat- ing or clarifying the parking ban along West 78th, the removal of stop signs at the intersection in front of the church, and access around the II old town hall (even though delayed by weather, and temporary direction signs or parking barriers erected to protect access behind the hall ) -- all that would have helped considerably in our attitude. I But now that most/all of the changes have been effected, and we have communicated our concerns to you, and you have responded by phone, we understand better where we are sitting. In our communications to the II congregation we have been positive, urged compliance with the parking ban along the street, and encouraged people to adjust their habits. I We are still worried about the safety of children who cross the street going to Kenny's, to parking (or to cars stopping briefly at the bus- stop to pick up passengers), or to the playground at St. Hubert's. Fr. Barry Schneider of St. Hubert's graciously called to offer us the I use of their parking lot when it does not conflict with their events. The absence of the stop signs along West 78th will be most critical I on Wednesday afternoons and evenings during our youth/educational II activities. We will continue to urge safety during this time both in person and through our publications. I1Ali 4 '`t$ 1 Again, I appreciate your work on our behalf and your consideration of our concerns. When you called on Monday, Todd, I was obviously upset -- just having seen that the stop signs are removed. And I was annoyed at not having heard Boo from the city as of yet. Your explanations and patient conversation mollified me to a great degree, and I am expressing my sat- isfaction to people in our congregation. Thank you. I hope that we can continue to work on the best use of this historic church, and the safest and handiest access to it -- not only for as long as we will continue in old St. Hubert's, but also for the future after we leave. 1 Cordia ly, ,� to Cai;ens, pastor 1 Copy: City Council members Church Council members 1 1 1 1 1 1 CITY OF 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 YOU ARE INVITED TO A SPECIAL MEETING TO CONSIDER A PROPOSED CITY-WIDE POSTAL CHANGE BY THE CITY OF CHANHASSEN The City of Chanhassen will be holding a special informal ' meeting on Wednesday, January 27 , 1988 , at 7 : 00 p.m. in the City Hall Council Chambers, 690 Coulter Drive. This meeting is to discuss the opportunity of providing a city-wide postal delivery ' address . The United States Postal Service has given the city a one time opportunity to change addresses with an Excelsior and Chaska ' zip code to a Chanhassen zip code. Therefore, all Chanhassen residents would have one Chanhassen mailing address and zip code. By placing all of Chanhassen in one postal delivery address, you ' will be enhancing the community' s sense of identity. All interested persons are invited to attend this meeting and express their opinions with respect to this proposal. Thomas L. Hamilton, Mayor I 1 ® t..1 r,L + 7 1 , , la V 3 3 3 d 11.1 • /_Ir ,.i., sir -' +•Im :-IZ -,z --��T'r, rc „:� ... _ - - --r, -- --- — 1 I 1 i I ! i 1 I I I 1 , I I I I � , 1 I � I j 1 ■ I I ! I - 1 I I I 1 , ..1 1 c W W I i co ...1 1 iUN o 3 CC . o i L.1 W J W m ! i Q I I z i d I I W I I I I— ! N z i rl I co I i 12 X J 3 I , 1 2 S ¢ N I I Y Y O U L W U i U J 67 I U U C I ¢ o o I a •-•• O O I j 1 i ( i Z In O co _ ¢ I ; ; 1 I , • � 0 W r '-' h N I ¢ U I I i = W I I , < = a i U 1 I I I 1 I I 1 _ --, T , - m I o r ;I4 I.r -,r <T .1 I ) _) ) I