News Alley
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Updates from City Hall--January 7, 1998
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Planning Department
. On December 22, 1997, staff received a
voice-mail message from Debbie
Nodennan, a resident of Bluff Creek
Estates. Mrs. Nodennan's call was in
regard to the fence located behind the
postal service annex. The fence does not
continue all the way behind her house;
only as far as her living room. She
believes her home is located at a high
point, facing the service road where the
semi-trailers will be entering. She also
explained that the benn dips at the point
where the loading dock is located and the
fence needs to be extended at least 30
feet to provide adequate screening.
Mrs. Nodennan further indicated that an
individual who will be working at the
annex infonned her that they are planning
on receiving 4 to 12 semi-trailers from
2:00 a.m. to 6:00 a.m. every morning.
Staff contacted Mrs. Nodennan and
explained that the fence as being con-
structed is according to plans approved
by the City Council and reviewed by the
neighbors in Bluff Creek Estates. Any
changes to the plan would have to be
approved by the Council and be made
within the very limited budget. She told
staff she would like her concerns, which
included sleeplessness due to noise from
trucks, a ruined Christmas because of
stress in dealing with the Postal Service
issue, the feeling she is being lied to by
staff, and an unobstructed view of the
annex loading dock, to be forwarded to
the Council. Staff acknowledged her
concerns and presents them for your
infonnation.
Construction of the fence began on
December 22, 1997 and continues
presently. The benn has been fmal
I graded and is acceptable. Trail construc-
tion and landscaping will commence in
the spring.
. At the end of December 1997, the city
was infonned that it had received a $5,000
Minnesota ReLeaf grant from the DNR.
This grant is to help fund "Chanhassen
Under Cover," a tree planting project that
will offer residents an opportunity to either
receive a boulevard tree or purchase their
own for $20-$50, depending on the species.
It was a competitive grant and about 90
communities throughout the state applied.
Only 19 projects were funded. Chanhassen
should feel proud to have received the
funding. Promotion for the project will
occur in the spring newsletter and the
Villager. Contact Jill Sinclair if you have
any questions.
. For a third straight year, Chanhassen has
applied for Tree City USA recognition and
expects to receive it. The application is due
at the end of each year and is a summary of
municipal forestry activities. Notification of
the award should be received in early
spring.
Engineering Department
. Riley-Purgatory-BluffCreek Water-
shed District received the feasibility
study for the proposed Lotus Trail
storm drainage project and will be
recommending approval to District
Managers on January 7, 1998.
. Dave quit smoking January I, 1998
(so watch out!).
. Christmas lights in the downtown
(West 78th Street) are being taken
down.
. Continuing to negotiate acquisition
of site for Well No.8.
. Continuing to analyze proposed
water tower site.
Public Safety Department
. We responded to a dog attack of a 3
year old child on Melody Hill Road with
the most severe viscious dog attack
injuries most of the reserve/police/
paramedics have seen. Multiple
violations, including no dog licenses, no
kennel pennit, and dogs at large are
being pursued criminally, and we are
seeking to have the dog destroyed. The
dog owner has not been cooperative and
has been directed to stay away from the
location of the impound. CSO Henry
Price is heading up this investigation.
Finance Department
.Please find attached staff's response to
the Office of the State Auditor for 1995
and 1996 TlF reporting.
Administration
. Empak and Instant Web Companies
filed special assessment appeals relating
to the County Road 17 improvement
project. Staff intends to schedule an
executive session with the city attorney's
office and the EDA at their January 15
meeting to discuss how to proceed with
this litigation.
. The county attorney has made a
detennination that any TlF monies from
the Chanhassen Bowl's delinquent taxes
are no longer due the city since removal
of the parcels from the then existing TlF
district. Staff will be meeting with Mike
Fahey to discuss his opinion in this
matter.
Park & Recreation Dept.
. Reviewing applications for the Park
Equipment Operator vacancy created by
the resignation of Keith McKinley.
Interviews will be scheduled within two
weeks.
. Proposals for Highway 10 1 north
temporary trail feasibility study will be
delivered to the city council at their work
session on Monday, January 12.
.RO~R'f~.ll()YLE& . ASSOClA TES, P.A.
ATtORNEYS AT LAW
145 Panqnount Plaza III
7831 Glenroy Road
Minneapolis~ Mirmesota 55439
Tel. 612-837-1000
Fax 612.837-0920
e-mail: .bobboyl~netI;:om.com
Christian J. Misvaer, Law Clerk
N i+~ '7
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December 23, 1997
Clerk of the City of Chanhassen
690 Coulter Drive
Chanhassen, MiIlnesota 55317
RECEIVED
DED 2 3 1997
CITY OF CHANHASSEN
VIA PROCESS SERVER
Re: Empak, Inc. v. City of Chanhassen
Dear Sir or Madam:
Enclosed and served upon you pursuant to Minn. Stat. ~ 429.081 please fmd one copy of the
Notice of APpe~.~~~eabove matter.
SincerelyY<>cUfs,
CJM:cjm
Enclosures
cc: Todd Gerhardt
Don Ashworth
Tom Scott
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: APPEAL
Court File No.
Empak, Inc.,
Appellant,
v.
NOTICE OF APPEAL
City of Chanhassen,
Respondent.
To: Clerk of Carver County District Court
600 East Fourth Street
Chaska, MN 55318
Please take notice that pursuant to Minn. Stat. S 429.081 the above-named Appellant,
whose address is 950 Lake Drive, Chanhassen, Minnesota, 55317 for purposes of this appeal,
hereby appeals to the Carver County District Court of the State of Minnesota from the special
assessment on the above referenced property adopted by the Chanhassen City Council on
November 24, 1997 adopting the Assessment Role for County Ro
Dated:
/ !) ~cX3-cp-
Improvement Project
from Trunk Highway 5 to Lyman Boulevard, Project No
Robert . Boyle (10480)
Rick Hauser (210900)
Robert E. Boyle & Associates, P.A.
Attorneys for Plaintiff, Empak, Inc.
145 Paramount Plaza III
7831 Glenroy Road
Minneapolis, Minnesota 55439
(612) 837-1000
ROBERT E. BOYLE & ASSOCIATES, P.A.
ATTORNEYS AT LAW
145 Paramount Plaza III
7831 Glenroy Road
Minneapolis, Minnesota 55439
Tel. 612-837-1000
Fax 612-837-0920
e-mail: bobboyle@ix.netcom.com
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1997
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Christian J. Misvaer, Law Clerk
December 30, 1997
Court Administrator
Carver County District Court
600 East Fourth Street
Chaska, Minnesota 55318
VIA MESSENGER
Re: Empak, Inc. v. City ofChanhassen
Dear Sir or Madam:
Enclosed for filing with the Court Administrator of the Carver County District Court pursuant to
Minn. Stat. ~ 429.081 (1996), please find Appellant's Notice of Appeal and Affidavit of Service
on the respondent, City of Chanhassen, with regard to the above captioned matter. Also
enclosed, please find this firm's check in the amount of$129.00 for filing fees.
By copy of this correspondence, we will provide copies of the above documents to the Clerk of
the City of Chanhassen at 690 Coulter Drive, Chanhassen, Minnesota 55317.
CJM:cjm
Enclosures
c: Clerk of the City ofChanhassen
Mr. Todd Gerhardt
Mr. Don Ashworth
Tom Scott, Esq.
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
AFFIDA VIT OF SERVICE
Daniel J. Knip, being first duly sworn on oath, deposes and states, that on
the 23'rd day of December, 1997, he served the attached: Notice of Appeal, upon City of
Chanhassen, therein named, personally at: 690 Colter Drive, Chanhassen, County of
Carver, State of Minnesota, by handing to, and leaving with Gina Burmeister, a
authorized individual to accept service, a true and correct copy thereof
"
Subscribed and sworn to before me
this 26'thjJay of December, 1997
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Process Server
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AftIdavll P~pared b1 L1gblDlDg Legal Courier Service
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: APPEAL
Court File No.
------------------------------------------------------
Empak, Inc.,
Appellant,
NOTICE OF APPEAL
v.
City of Chanhassen,
Respondent.
-------------------------------------------------------
To: Clerk of Carver County District Court
600 East Fourth Street
Chaska, MN 55318
Please take notice that pursuant to Minn. Stat. S 429.081 the above-named Appellant,
whose address is 950 Lake Drive, Chanhassen, Minnesota, 55317 for purposes of this appeal,
hereby appeals to the Carver County District Court of the State of Minnesota from the special
assessment on the above referenced property adopted by the Chanhassen City Council on
Dated: / ~ ~ eX "3 -Cfl-
Robert . Boyle (10480)
Rick Hauser (210900)
Robert E. Boyle & Associates, P.A.
Attorneys for Plaintiff, Empak, Inc.
145 Paramount Plaza III
7831 Glenroy Road
Minneapolis, Minnesota 55439
(612) 837-1000
November 24, 1997 adopting the Assessment Role for County Ro
from Trunk Highway 5 to Lyman Boulevard, Project No