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Admin Section
ADMINISTRATIVE SECTION AMM Bulletin dated November 16, 1990. Memo from Scott Harr dated November 30, 1990. Letter to James Bullert dated December 11, 1990. Letter from Strgar-Roscoe-Fausch dated November 28, 1990. Letter from Bill Frenzel dated December 1, 1990. Thank you from the Clarence Ashworth family. ' Memo from Scott Harr dated December 14, 1990. Letter from the Chaska Cable Coordinator received December 21, 1 1990. Letter to Andrew Hanson and Scott Mezzenga dated December 26, 1990. ' Letter to the Town House Group dated December 26, 1990. Letter to Martin Kuder dated December 26, 1990. Letter to Maria Fox and David Larson dated December 26, 1990. Future Engineering Department Agenda Items. APWA Legislative Alert received December 3, 1990. Letter to William Soth dated December 18, 1990. Letter to Earl Howe, MnDOT dated December 17, 1990. ' RTB Chair's Advisory dated December 14, 1990. Letter from Southwest Corridor Transportation Coalition dated 1 December 20, 1990. Letter to Stephen Morse dated December 20, 1990. Letter to Craig Blechta dated December 20, 1990. Letter to David Johnson dated December 20, 1990. Letter to Robert Lindall dated December 19, 1990. Letter to Paul Hufnagle dated December 13, 1990. Letter from the Dept. of Revenue dated December 11, 1990. Memo from Paul Krauss dated January 2, 1991. 1 I r Letter to David Koubsky dated December 19, 1990. Letter to Larry Schroers dated December 19, 1990. Letter to James Sloss dated December 21, 1990. ' Letter to Jim Mady dated December 21, 1990. Letter to U.S. Bankruptcy Court dated December 14, 1990. Article regarding Cable TV Rates. Memo from Charles Folch dated January 3, 1991. Letter from Southwest Corridor Transporation Coalition dated ' November 14 , 1990. Letter from MnDOT dated December 20, 1990. Letter from Gary Fuchs dated January 8, 1991. Remembrance Card for Gene Coulter. Letter from Southwest Corridor Transporation Coalition dated January 4 , 1990 01991) . ' Letter to Rudy Comchoc dated January 7, 1991. ' City Council, Planning Commission and Park and Recreation Commission Attendance Records for 1990. 1 I I 1 1 I I CC, BuLLETIN Ias ociation of metropolitan municipalities II November 16, 1990 ITO: AMM Member City Officials ,V II FROM: S - Peterson, Executive Director .• =er Peterson, Director of Legislative Affairs RE: BOARD OF DIRECTORS AND TAB VACANCIES AND LEGISLATIVE ICONTACTS 1. NOMINATIONS WANTED FOR BOARD VACANCIES: IThere are two vacancies on the AMM Board effective January 1991 as a result of the recent elections. Mayor Marilyn Corcoran of 1 Dayton and Councilmember Bernie Perot of Burnsville are leaving City Office at the end of this year. The persons selected to fill these vacancies will serve the balance of the terms and will be eligible for re-election. (One term ends in May of II 1991 and the other ends in May of 1992) . The AMM Board is responsible for the overall management of the AMM staff, implementation of the yearly work program, and annual budget. 1 The Board meets the first Thursday evening of each month comencing at 7:00 P.M. II THE BOARD IS SOLICITING NOMINATIONS VIA THIS BULLETIN AND WRITTEN NOMINATIONS INCLUDING A BRIEF RESUME SHOULD BE FORWARDED TO THE AMM OFFICE, ATTENTION OF VERN PETERSON, BY DECEMBER 17TH. II2. NOMINATIONS WANTED FOR TRANSPORTATION ADVISORY BOARD (TAB) VACANCY: IThere is one city vacancy on TAB as of January 1991 as well. Mayor Jim Krautkremer of Brooklyn Park and senior TAB member will be leaving city office at year's end. Metropolitan Area I Cities are allocated ten positions on this very important advisory group and the AMM is responsible for making these nominations. To be eligible for nomination, you must be a IIMayor or Councilmember. ' The TAB's regular meeting is the third Wednesday afternoon of I each month (usually from 2:00 to about 4:30 P.M. ) in the chambers of the Metropolitan Council. The TAB provides general advice to the Metropolitan Council, RTB and MNDOT on I NOV 2 U 1990 is -1- "ITV OF CHANHHStit, 183 university avenue east, st. paul, minnesota 55104 (612) 227-4008 I . Transportation matters and one of its most impoortant functions is to annually determine FAU projects funding priority. THE AMM BOARD IS SOLICITING NOMINATIONSFOR THIS VACANCY VIA THIS BULLETIN AND WRITTEN NOMINATIONS SHOULD BE FORWARDED TO ' THE AMM OFFICE, ATTENTION OF VERN PETERSON, BY NO LATER THAN THURSDAY DECEMBER 17TH. 3. LEGISLATIVE CONTACT PROGRAM FOR 1991: The Legislative contact System first initiated for the 1988 ' Legislative Session and expanded for subsequent sessions has been designated as a high priority by the AMM Board for the 1991 Session which convenes on January 8th. This program under the leadership of AMM Vice-President Bob Long and Boardmember ' Bill Barnhart is expected to be a major component of the AMM's Legislative Lobbying strategy for the 1991 session. As you may know, the primary objective of the Legislative Contact System is to get member city officials directly involved in the AMM's lobbying effort by having them contact local Legislators on key city issues in a timely fashion prior to and throughout the session. The first step in the process is for each member city to designate a Legislative Contact Person or to confirm that your ' 1990 contact person will again serve in that capacity. WE WOULD APPRECIATE IT IF EACH CITY MANAGER OR ADMINISTRATOR ' WOULD CONTACT ROGER PETERSON IN THE AMM OFFICE (227-4008) AS SOON AS POSSIBLE AND CONFIRM WHO YOUR CITY'S LEGISLATIVE CONTACT IS GOING TO BE FOR THE 1991 SESSION. The contact program is essential for the AMM's success and we urge you to give this matter immediate attention. Attached is a brief description of the duties and responsibilities of a Legislative Contact person. 4 . 1991 AMM LEGISLATIVE SESSION PRIORITIES: ' The AMM Board in early January will establish the final legislative policy priorities for the 1991 session. Straw ballots were sent to all member cities in October, as you may I recall, giving member city officials, the opportunity to provide input into the priority setting process. The ballots were collected at the policy adoption meeting on November 1st. The seven highest policy priorities as voted by the member city officials are: Neighborhood Liveability, Levy Limit repeal, LGA continuation, TIF restoration, Metro Tax, Homestead Class Rates and Property Tax reform. The AMM's Legislative Coordinating Committee will review the -2- r ' results of the membership straw vote on November 26th. and will make recommendations for the Board to consider. We will advise you after you after the Board has acted in early January. The AMM was very successful from a lobbying standpoint during the last two sessions by focusing most of our time and energies on a selected number of highly important issues. 5. METROPOLITAN APPOINTMENTS REVIEW COMMITTEE: As recommended by the Mission and Membership Services Task Force and discussed at the November Policy Adoption Meeting, the Board is moving forward with the concept of an Appointments Review Committee to evaluate candidates for the Metropolitan Council and other Metropolitan Agencies. The Board will be inviting other organizations such as the Metropolitan Inter County Association, Citizens League and Metropolitan Area Leagues of Women Voters to join in the effort. Gloria ' Vierling, Board member and Shakopee Councilmember, has been appointed by the Board to Chair this committee. The size of the committee and the balance between the various organizations participating has not been determined as yet but the Board is looking for interested city officials to serve. PLEASE CONTACT VERN PETERSON IN THE AMM OFFICE BY NO LATER THAN DECEMBER 1, 1990 IF YOU WOULD LIKE TO BE CONSIDERED FOR APPOINTMENT TO THE METROPOLITAN APPOINTMENTS REVIEW COMMITTEE. 1 DISTRIBUTION NOTE: This bulletin has been mailed to Mayors, Managers/Administrators and Legislative Contacts. We ask that ' it be copied and distributed to other city officials as appropriate. Thank you. -3- 11 I - CITY OF 1 I te 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 CHANHASSEN (612) 937-1900 • FAX (612) 937-5739 _ TO: Don Ashworth, City Manager -_- ~F'RCM: Scott Harr, Public Safety Director g 1.2 //c/9G DATE: November 30, 1990 -_ _ ------ ISUBJ: Revised Shooting Boundary Map W.., .ict f" - C c ..v k I The purpose of this memo is to recommend the revised SHOOTING APPLICATION/PERMIT, which is attached. BACKGROUND IIPlease recall that the Public Safety Commission discussed the issue of shooting boundaries at it's November 8 meeting. The fact that there are now established II neighborhoods within the 'authorized shooting area' precipitated this discussion. The issue became whether shooting boundaries needed to become more restrictive. IIANALYSIS Representatives from the Carver County Sheriff's Department, the Minnesota II Department of Natural Resources and Chanhassen Public Safety reported that both complaints & problems pertaining to shooting boundaries have been virtually non- existent. Therefore, the Commission determined that rather than change II something that does not appear to need it, we would be able to address the few concerns that have arisen by updating the shooting boundary map. This would simply clarify thc fact that no shooting is permitted in or around the neigh- borhoods that have developed since the draftinII g ng of the last map. This needs no action by the City because law prohibits shooting on any platted lot; on any tract of unplatted land of less than 3 acres; and, within 500 feet of any building, road or highway. IIEngineering Technician Dan Ramer has assisted us by shading in the following neighborhoods: Timberwood Estates; Lake Susan Hills; Sunridge; Country Hills; 1 Rice Lake Manor; Lake Riley Hills, Hillside Oaks; Chanhassen Hills; Sunnyslope; Bandimere Heights; Rogers Addition; Shore Acres; Lake Riley Woods; and, Deerbrook. While the additional shading on the revised map may make it appear I that shooting boundaries have been become more restricted, this is not the case. In issuing shooting permits, I would not authorize hunting in any of these areas because of existing law. The shading merely clarifies this for both applicants and City Staff dealing with shooting applications. 1 RECOMMENDATION II With your approval, I would like to implement the new shooting application/ permit form with the revised map, on 1/1/91. II },y: .y�rm.cirm +� •:�hea.i,4, _i _ .` a 'i::rtc• .�.R S�Y CC1y y�p 4 . :;` '.�_ ;17 rt_ ;:i-•-" 1`. ':_ ;..A, {"_- L`"f:_' --. ¶...-f i__ : -1.- I- s.r � Q¢ ►'�iW ,�pQp�, MwS! 7-Y4----14:3/. -v v♦ate r r-.. aun - ....,;•:,,,„,,;,;..4,4,:....+.-" _ -''at.•—S "° •� f,1541 it? (' • • 1 :- ra y� �• - -"s-s..cz4Q' w -14 ,+`" ,2 tjf - " " pp�_ f. c •�'a � G•p. .. .,-,.St,-,. . 5.4: \+<.x•i-x--- et ..,a�.+. -- �.�'. --v;- 1� ti•• r •::•:• '.4. 7 �507X t: ^fir <V lfl.'∎ Y'�•Y IC•Xlr,2 1.:, _ Z `O, x,D+` N.�i{.?-.4. *. -t nix �~ `4'1=•mow':ti j t-3-•{'Ft•4�� : �[ 1 _a'�� �+Cf 1�%v:-1 ro 111 460 Y,. u,wa•�l•=4 Y• firqt ' /♦zxIt /Qqp� p arc : :' :7�.,... L\etc:tYte h pr •[�. r ♦7 ?;;>.t�V �fb•'iJ•4r.,V•�'�i,`_•s'�t`z-. :: _•••.' %, 4 /I ':::igi�gg l +�vY/X Opt -„.-i rr4 c.r.'•:i47:17: ti,rr�.;•' _ '= •• 1 omo& i.-:::::::5.:!:::•!::•....:•.•:•:•.-:•.' :':::•:•:-:•:•:•::::::::::::::'::x.,-x•: `C ry ic[ »;:?c' ?.':':sj!t:: ::: gii ` ' .yh( :: G■.cf.4,�-.”,. .ems �. -�=�;,'::�• ,Y t:— i J. w�•• AND '' *.Il i lit7� ,-t •Y\•.�.� � �Q-� sc^' o:. -�..♦: '.v ��: vJ:'SS' Wi' .•���rcr::�.;:::::.4; ;I'-'',_4't,:.'c ,�"` N � ' u•' Age X::_-" ter'. `.......j :vim •70n'- :•'••. . •• .. '•+wt 4rr.�• t'ce'• • :; mow♦,.,, I — :� 3ZRSt :r�>+•V.w` �.. .•.w•!Drc:.11,'ti::wi•.,a .• ;: ' a s\ZIggi7_ Srgie'4. %o, �.' .W1:Y::. '_:_•�r'��. :f. .' p�1p ' ]CSK �1T.j � ._'3::01.-. ..,.7" �,.. al w, ♦aM •� i ,��%'llrya .,mss _ _ • • rYY i .�•YY t�.7t1� 4• wrt _•w�f_ f .�oc1 'e .p v. 4'� 1 was•1 et. fit" :e 7.illff k yo x � : CITY OF CHANHASSEN SHOOTING APPLICATION/PERMIT 690 Coulter Drive Permit No. ' Chanhassen, MN 55317 Fee: $10.00 YOU ARE REQUIRED TO CARRY THIS Date: PERMIT WHILE SHOOTING AND A COPY MUST BE PLACED ON THE DASH OF YOUR VEHICLE. II PLEASE PRINT FULL NAME: Name: Date of Birth: First Middle Last Address: Gun Safety Cert. Number:* • Telephone:H) /W) IIAddress/Legal Description of Property You Propose to Use Weapon: 1 Describe Weapon (Shotgun & Bow/arrow only): Make Model Mfg. IIDescribe Vehicle That Permit Holder Will Use When Hunting: - Lic Make Color IIPurpose for Which Permit is Requested: Length of Time for Which Permit is Requested (One Year Maximum): Fill out below if you are using the weapon on property not owned by yourself: I, the owner of the property for which this permit is requested, authorize to shoot on my property as described above. Signature of Land Owner: IIIn making this application, I understand that this permit does not invalidate any other laws or absolve me from any safety requirement or permit illegal trespassing. I have II reviewed the map on the reverse side of this permit, and am aware of the no shooting areas as indicated on said map. ' Signature of Applicant *Certificate number required for persons under 16 years of age. Additionally, for per- ' sons under 16, the application must be signed by the young adult's parent or guardian (signature to be made in person). Signature of Parent/Guardian II Under the provisions of Ordinance 9B, this permit is hereby granted for the purposes described above and is valid until Scott Harr, Public Safety Director SEE REVERSE SIDE - -- -,J.....,1-..--—■-::-,,:-,,,.....-,e A-i f.".!S,Lt.-:,..?...-V0,-,1?..o,AL-,...-3-...-7,-.-....4.--ittit-.??±..1ii416file.-7....,-4.4:fa t - I_ ' ._: _---, ,..1-727F4,=-:-...:-:7 7.-: ._ -- •'''' fi -I1 ! .-,- 1 1 i-i T. i-:,--4±-- - •. - '- -,- -...'„.------;----s:----, -7!-_-;1,------• --. -- --,..t.:.. ..........-st • - ...,„. ---.,... ,., -°' ,.z.7,, _. ... leS13-47:77f ? . 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J • ••■-• --cs-,-..-1-. .,--r • i 0,,A4.4, L__ w.-,--_4--*-l• , itz___ .. :,„-_:.-__, <'•,- . ,,,,±10:4/141,. _...-2„--: -, ___ ,, 5 k. On any pl at t ...•..,,,x,•,:::::::::,,,,,•4.:,::::::::e:::i.:;::::::*::::\-,..: ..-- %.0.-.1.4;)• <I:iii;:;.';;;;;;;:s..::::....w(m:::•:;:on.:::::::::;:::::.:;:::::.:::::%::::.::-.,.. ..'at .'' ' , . On any tract _,..........,t eCII. .. __. .-::*•:::4:::• :::::::‘,1:: :: ::::::::::::m:Uk.,: • ----- -' ---- g.„§iO4:41:ii.....:::::::::::::::::::4:::::::::::::::•:::::::::::::::::::1::::::::::::::.:,.•.,,,s, , .-:•:::-:-::::*-:::-:::„::::-....--::•-. 1::::::::::::::::%:::::::•:::..:-:':,%_,...x.•::::::::-::::::::::: _ land of less than 3 acres. — - .• ...., ::.::•.,,,,,4:,:.:,:,: -,I,• - 'ti , A,.'s. I :;#,:'. '''- le• Within 500 ft. of any bldg - . .41. ,%•••-\ ..:::::::::::::::...••:•::::::,::::::::::::*:::::•.....•;.* ,.-40::. - / w••••..,••..-. ••••,,,:::::::::::•:,,,,••••:::,•;,..::. ..:::lir....... ..____.._ -- . _____, occupied by a human being or by livestock or within 500 - -- .40,:::''..t.:;:iii*:.•. RS„,.___Mt• ' .3:0%.4¢,6_, ' Ate,,,,,,,A;;;;:;:::;:gii,:gi::::::■%::i::M4W ., / . . !" -,,,,, _ . __ __. I ft. of any stockade or corral - — containing livestock without t • 1p.,Ena:_-:- ._ •— ---v , ,- ;g --A--' ,., *in& 6 /..." t•••• the consent or pennission of ---i ;.;,, ,.., -, . . _ the owner or occupant of such r„. _. -- -- -- --1 ---mr,7 ,. ; .. __..,.. t premises. . I . Within 500 ft. of any road, 7,,, • 4:- _;---1_ : .__.......: . _-__ , street or highway. V r or ..„ , 41 - _. , I. In such other areas or under _,. -- - - _ such other circumstances as I/ . L ,...„,-,---■ 7, . . , . shall be prohibited by State .. , . , , _..... --0 law or regulations of the I ,..,.. - ! I Commissioner of Natural ! I ! ! i 1 I i i 1 , 1 1 , : 1 1 ---- Resources of the State of - -- —. Minnesota. - 'INDICATE ON THE ABOVE MAP THE PROPERTY ON WHICH YOU WILL BE SHOOTING. IHave reviewed the above map, and am aware of the no shooting reas as indicated in gray. I . Applicant I CITY OF CHANHASSEN SHOOTING APPLICATION/PERMIT 690 Coulter Drive Permit No. Chanhassen, MN 55317 THIS PERMIT IS VALID ONLY IF CARRIED WITH YOU WHILE SHOOTING. Fee: $10.00 Date: PLEASE PRINT FULL NAME: Name: Date of Birth: ' Address:First Middle Last Gun Safety Cert. Number:* Telephone:H) Address/Legal Description of Property You Propose to Use Weapon: 1 Describe Weapon: Make Model Mfg. Describe Vehicle That Permit Holder Will Use When Hunting: Lic Make Color ' Purpose for Which Permit is Requested: I Length of Time for Which Permit is Requested (One Year Maximum) : Fill out below if you are using the weapon on property not owned by yourself: I, the owner of the property for which this permit is requested, authorize to shoot on my property as described above. ' Signature of Land Owner: In making this application, I understand that this permit does not invalidate any other ' laws or absolve me from any safety requirement or permit illegal trespassing. I have reviewed the map on the reverse side of this permit, and am aware of the no shooting areas as indicated on said map. Signature of Applicant *Certificate number required for persons under 16 years of age. Additionally, for per- sons under 16, the application must be signed by' the young adult's parent or guardian (signature to be made in person). Signature of Parent/Guardian Under the provisions of Ordinance 9B, this permit is hereby granted for the purposes described above and is valid until Scott Harr, Acting Public Safety Director SEE REVERSE SIDE 11 iCITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-19005 FAX (612) 937-5739 ' December 11 , 1990 Bruce A. Liesch Associates, Inc. Attn: Mr. James Bullert, P.E. 13400 15th Avenue North ' Minneapolis , MN 55441 Re: Well No. 6 and Water System Study File Nos. PW113B and 91-1 Dear Jim: As you are aware, on December 10 , 1990 , the City Council authorized the preparation of plans and specifications for the construction of Well No. 6 . We are interested in having this well brought on-line in the summer of 1991. In order to confirm the question of water quality relating to this aquifer, Jerry Boucher will continue to pump Well No. 5 to the maximum extent ' possible between now and the end of the year. As you suggested, this -should indicate whether the manganese content of the water from the drift aquifer is acceptable or whether other measures need to be taken when dealing with siting Well No. 6 . No work on Well No. 6 is to be initiated obviously until we are confident that we have satisfactory water quality. ' Concerning the water system analysis study, you are also authorized to complete the Hardy-Cross hydraulic analysis for the trunk watermain system in accordance with your December 10 , 1990 letter. We anticipate receiving these results by mid-January and on a format compatible with the City's computer network. If you have any questions, please call . Sincerely, CITY OF CHANHASSEN (Ai ik•""-Th G ry Warren, P.E. Cty E gineer ' GGW:ktm c: City Council Administrative Packet (1/14/91) 1 I STRGAR-ROSCOE-FAUSCH, INC. ee I CONSULTING ENGINEERS yeB TRANSPORTATION■ CIVIL■ STRUCTURAL•P ARKING■ LAND SURVEYORS IISRF No. 0901391 e: ,..t:k.0 A • IIMEMORANDUM Roa-c 4 II CITY OF CHAN IASSE TO: Gary Warren City Engineer s. 3 �°° ti(�,�t,0, City of Chanhassen ��' �ot.�)t t'_ IFROM: Michael J. Lewis, P.E. "ric-_ NOV 5 01990 Senior Engineer E����� �F► � ��P1. IDATE: November 28, 1990 ENGINEERING! SUBJECT: LICENSE PLATE ORIGIN AND DESTINATION STUDY AND I TIMETABLE FOR SIGNAL INSTALLATION I This memorandum was prepared per our telephone conversation of November 26, 1990. II Our traffic counts show that the p.m. peak hour along 78th Street occurs between 5:00 and 6:00. During this time of the year, it is dark by 4:30 p.m. A trial run was made and we found that it was too dark during these hours to read every license plate that Ipassed our control points. It is very important that each vehicle's plate is recorded or the I results will not be accurate. The hours of the study could not be moved up to daylight hours due to the need to record those vehicles that are using 78th Street as an alternate route when T.H. 101 is experiencing its highest demand (5:00 to 6:00 p.m. ) . II For this reason, we recommend that the license plate origin/destination study be postponed until spring. II We estimate that this type of study will require 25 to 30 person hours to complete. We feel that this study could be beneficial to you in the justification and cost-sharing determination of I future work. Since this task was not included in our original proposal, we will await your direction before scheduling this work. I During our conversation, you also asked about signal project timetables. The timetable for a typical state-aid signal project is as follows: I . Writing of the Signal Justification Report 3 weeks I Signal Justification Report Approval by 4 weeks Appropriate Authorities Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 1 612/475-0010 FAX 612/475-2429 I Gary Warren - 2 - November 28, 1990 11 . Preparation of Plans and Specifications 4 weeks . Review of Plans and Specification by State 4 weeks and County Authorities . Advertisement and Receipt of Bids 6 weeks . Award of Contract 2 weeks ' Material Delivery and Underground Construction 12 weeks . Signal System Assembly and Completion 2 weeks Total 37 weeks This timetable may vary depending on season and review time required by the funding agencies. If there is any additional information you need, please feel free to contact us. MJL:bba ' I r I r BILL FRENZEL MINNESOTA OFFICE: THIRD DISTRICT,MINNESOTA Room 445 8120 PENN AVENUE SOUTH WASHINGTON OFFICE: BLOOMINGTON,MN 55431-1326 1026 LONGWORTH BUILDING }� Q�Q� Q� 612-881-4600 202-225-2871 Congre�YlY of the lintteb Mateo c L YCL ff - *me of ItepreOentatibeg 1 • filastington, IOC 20515-2303 December 1, 1990 II Donald J. Chemil 690 Coulter Drive I Post Office Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 I. Dear The Honorable: IThank you for contacting my office to express your support for the extension of expiring provisions in the housing area, including mortgage revenue bonds (MRBs) and the low-income Ihousing tax credit (LIHTC) . The extension of MRBS and the LIHTC, as well as several other ' expiring provisions, were included in the 1991 Budget Reconcil- iation Bill . Although these provisions were not included in the House version of the Budget Bill, these provisions were restored in the final version of the bill, which was agreed to in the IConference Committee. These expiring provisions were extended though December 31, 1991 . They become effective after December 21, 1990 . IIThank you for your interest in this important matter. IYours very truly, 1 --- i`Lt' C:4"Cf• Bill Frenzel IMember of Congress IBF: sjp I - 1 THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 11 ie 1 1l \C�v ex�csi Pr%\c\ i , /AY4114 1 1 1 1 1 T 1- \ c�QW^2c;.ems, •V� ' 4N\ c)r\ -L+ \r■45% iccje 0°4 ° 1 1 1 1 1 I 4e, se.4- I CITYOF cc 4,47,44- 0 .444 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Scott Harr , Public Safety Directod DATE: December 14 , 1990 SUBJ: Special event 12/18/90 911 Saddlebrook Trail As you may be aware, two and a half year old Ashley Rogers at 911 Saddlebrook Trail has experienced serious health problems since birth, and is respirator dependant . Frequent hospital visits have endeared this child to many, including Life Link Emergency Care Services . As a very special response to this special child, they would like to help Santa Claus make his rounds by bringing him to the home on Tuesday, December 18 at approximately 10 A.M. Because of the human interest story associated with this family, KARE 11 and ' possibly WCCO 4 news helicopters will also be assisting Santa. I will be coordinating security efforts surrounding this special event , and would like to invite you, the Mayor, the Sheriff and the Fire Chief to be on hand for this event. If you are available, please let me know and I will fill you in on the details. 1 r I 1 I Chaska it Todd Gerhardt ' City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Todd: As per our agreement please find enclosed an invoice for District 112 audio/video programming provided to Triax Cablevision, Mound from the City of Chaska and Chaska Community TV. As you can see from the enclosed list of programs, we are continuing to provide the City of Chanhassen with a variety of I .S.D. 112 events via cable TV and I do not foresee any ' problems in fulfilling our goal of 42 programs for the 1990 - 1991 school year. I If you have questions regarding this or other cable TV matters please call me at your convenience. ' Sincer , ' Terrance J Kucera Cable Coo inator Enc. cii 1 1 City O rya Minnesota One City Hall Plaza 55318-1962 Phone 612 448-2851 I II Schedule Of District 112 Programs Produced by Chaska Community TV - Channel 3 for the City of Chanhassen IISchool year 1990 - 1991 SEPTEMBER Hawk Talk FEBRUARY Hawk Talk School Board School Board *-Thur. 13 -Thur. 7 -Thur. 27 -Thur. 21 Homecoming Coronation Winterfest Coronation II Chaska Chit Chat MARCH Hawk Talk OCTOBER Hawk Talk School Board II -Two programs School Board -Thur. 14-Thur. 26 -Thur. 11 Band Concert II -Thur. 25 Choir Concert Chaska Chit Chat APRIL Hawk Talk II NOVEMBER Chaska Chit Chat School Board Hawk Talk -Thur. 11 -Two programs -Thur. 25 School Board Chaska Chit Chat I -Thur. 15 -Thur. 29 MAY Hawk Talk School Board II DECEMBER Hawk Talk -Thur. 9 School Board -Thur. 23 -Thur. 13 Prom Grand March Band Concert II Choir Concert JUNE Senior Awards Graduation JANUARY Hawk Talk I -Two programs School Board -Thur. 10 -Thur. 24 Chaska Chit Chat * The dates indicated above are for the regularly scheduled II District 112 School Board meetings. The date that Triax Cablevision receives the videotape copy will be shortly after record dates. School Board dates and other District 112 events indicated above such as Band & Choir Concerts are subject to II change at the discretion of District 112. Chaska Community TV is not responsible for schedule changes or cancellations of School Board meetings or other District 112 related activities. Although II some events may be cancelled, we will make every attempt possible to replace the cancelled program with another similar program. II9/90 II II CITY OF 011ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 December 26, 1990 CERTIFIED Mr. Andrew Hanson Mr. Scott Mezzenga 6731 Galpin Boulevard Excelsior, MN 55331 Dear Messrs. Hanson and Mezzenga: iIt has come to our attention that contractor's yard activities are. occurring at 6731 Galpin Boulevard. In speaking with one of the truck drivers leaving the site, we were told this was temporary storage for a landscaping contractor located outside of Chanhassen. The storage of material, equipment and trucks is defined by our Zoning Ordinance as a contractor's yard and is not a permitted use II at this location. We have aerial photographs which show that this is a recent activity and did not exist prior to the adoption of our City Code. Therefore, the activity is in violation of our City Code and must be removed from the site. Please provide a written explanation for the storage of materials _ and vehicles within 10 days of receipt of this letter. The City will also be requiring the removal of all contractor's yard activities -from your site. ' Sincerely, C1\20' a1/4-4-41 -3 Jo Ann Olsen Senior Planner JO4 cc: City Council ' Paul Krauss, Planning Director 11 I I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 f (612) 937-1900 • FAX (612) 937-5739 ` 1 December 26, 1990 CERTIFIED The Town House Group 9979 Valley View Road Eden Prairie, MN 55344 Re: West Village Heights Townhomes, Chanhassen, Minnesota To Whom It May Concern: It has come to our attention that a storage building has been constructed at the West Village Heights Townhome complex in Chanhassen. The City requires a building permit for any structure. In addition, the building may require site plan approval by the City. This procedure is used to review the location and design for consistency with city ordinance standards and with plans for your development that were originally approved by the City. Therefore, a building permit application must be submitted for the storage building. You should contact the Chanhassen Building Department, Steve Kirchman, to receive information on the required application. Also, the trash enclosures are being used for snow removal storage instead of for the trash receptacles. This needs to be discontinued and the trash receptacles must be returned to the enclosures. The application for the building permit must be received by the City Building Department and the snow must be removed from the trash enclosures no later than January 11, 1991. Should you have any questions, please feel free to contact me. Sincerely,1 11 Jp Ann Olsen Senior Planner JO:4 cc: City Council Steve Kirchman, Building Dept. 0 • CITY O CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 r (612) 937-1900 * FAX (612) 937-5739 1 December 26, 1990 CERTIFIED Mr. Martin Kuder 6831 Galpin Boulevard Excelsior, MN 55331 Dear Mr. Kuder: It has come to our attention that a contractor's yard activity, Landcrafters, is occurring at 6831 Galpin Boulevard. The storage of material, equipment and trucks is defined by our Zoning Ordinance as a contractor's yard and is not a permitted use at this location. We have aerial photographs which show that this is a recent activity and did not exist prior to the adoption of our City Code. Therefore, the activity is in violation of our City Code and -11 must be removed from the site. Please provide a written explanation for the storage of materials and vehicles within 10 days of receipt of this letter. The City will also be requiring the removal of all contractor's yard activities from your site. Sincerely, • J'o Ann Olsen Senior Planner 11 JO:v • cc: City Council Paul Krauss, Planning Director Scott Harr, Public Safety Director I i I 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 * FAX (612)937-5739 1 ' December 26, 1990 CERTIFIED jMs. Maria Fox and Mr. David Larson 1801 Lake Lucy Road Excelsior, MN 55331 Dear Ms. Fox and Mr. Larson: It has come to our attention that a large number of abandoned vehicles and parts are being stored on your property. The City Code does not permit the storage of abandoned vehicles. It appears that this activity has existed for several years, but that it may be expanding. If this activity has been in existence prior to 1972 , it would be considered a legal non-conforming use. A legal non-conforming use is permitted to continue as it was prior to the adoption of the City Code but it may not be expanded. Please submit a written explanation as to the storage of abandoned vehicles, parts and business activity occurring on your property within 10 days of receipt of this letter. ' Should you have any questions, please feel free to contact myself or Paul Krauss. Sincerely,- c��2n cc o Ann Olsen Senior Planner JO:V cc: City Council Paul Krauss, Planning Director Scott Harr, Public Safety Director 11 I 11 CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENG M - NG January 14, 1991 - Approve Contract Amendment No. 3 for CH Suites Hotel Improvement Project No. 89-25 - Approve Contract Amendment No. 3 for North Side Parking Lot Project No. 87-17 January 28, 1991 ' - Approve West 78th Street Detachment Landscaping Plan, Authorize Advertising for Bids - Improvement Project No. 87-2 - Authorize Preparation of Plans and Specifications for 1991 Sanitary Sewer Rehabilitation Program - Receive Pavement Management Needs Report - Request MnDOT to Consider Construction of Auxiliary Turn Lanes on TH 101 at Pleasant View Road and Cheyenne Trail February 11, 1991 - Trunk Highway 5 Improvements from County Road 17 to Trunk Highway 41: 1. Approve Joint Powers Agreement for Preparation of Construction Documents 2. Approve Engineering Services Contract with Barton-Aschman February 25, 1991 - Approve Amended Development Contract for Market Square - Approve Plans and Specifications for Construction of Well No. 6 and Related Watermains and Appurtenances; Authorize Advertising for Bids, Project No. 91-1 t - Approve Plans and Specifications for South Leg TH 101 Improvement Project No. 90-20; Authorize Advertising for Bids March 11, 1991 March 25, 1991 - Approve Plans and Specifications for 1991 Sanitary Sewer Rehabilitation Program; Authorize Advertising for Bids - Award of Bids for Construction of Well No. 6, Project No. 91-1 - Award of Bids for West 78th Street Detachment Project No. 87-2 - Approve Preliminary Plans for TH 5 from TH 41 to CSAH 17; Layout No. 1B, S.P. 1002-88035 (5=121) 11 CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING Page 2 Future Agenda Items - Adopt Assessment Roll for Audubon Road South Project No. 89-18 - Adopt Assessment Roll for Frontier Trail Project No. 89-10 - Adopt Assessment Roll for Country Hospitality Suites Project No. 89-25 i - Award of Bids; 1991 Sanitary Sewer Rehabilitation Program (5/28/91) - Approve Contract Amendment No. 1 for 1990 Sanitary Sewer Rehabilitation Improvement Project No. 90-2 (4/8/91) - Accept Utilities in Lake Susan Hills West 2nd Addition 11 - Award of Bids; South Leg TH 101 Improvement Project No. 90-20 (6/24/91) 11 - Consider Feasibility Study for Extension of Dell Road from Lake Drive East South to Eden Prairie City Limits, Project No. 90-7 (Joint with Eden Prairie) - Approve Plans and Specifications for County Road 17 Upgrade South of TH 5 Improvement Project No. 90-4; Authorize Advertising for Bids (1/92) - Award of Bids; County Road 17 Upgrade South of TH 5 Improvement Project No. 11 90-4 (Spring/1992) - Approve Plans and Specifications for North Leg TH 101 Improvement Project No. 88-22B; Authorize Advertising for Bids (1/92) - Award of Bids; North Leg TH 101 Improvement Project No. 88-22B (4/27/92) CONSULTANTS PLEASE NOTE: Reports are due in Engineering no later than 10 days prior to the City Council meeting date, i.e. Friday. ' Copies to: City Hall Department Heads Kim Meuwissen, Eng. Secretary Karen Engelhardt, Office Manager City Council Administrative Packet Gary Ehret, BRW Bill Engelhardt, Englehardt & Associates • I I I I 1 . fif American Public Works As SOCiati �__�✓ MINNESOTA CHAPTER on MINNESOTA CHAPTER APWA. To, 1990 EXECUTIVE COMMITTEE . =--- 0 STEVE GATLIN Pres Dent LEGISLATIVE ALERT 2660 C:vic Center Drive 1Rosev le MN 55113 (612)49°-2200 By Tom Drake TOM DRAKE tVice President ity Hail r The Transportation Study Board ed Wino. MN 55066 (TSB) is in the (612)388-6734 or 227-6220 process of drafting their final recommendations regarding Municipal State Aid Funding and Allocation. IARVWARREN ec retary As of this writing, it appears Ppears that 50% of the 690 Coulter Drive allocation will continue to be based on population Chanhassen MN 55317 with an annual adjustment by a method yet L12) 937900 determined. The remaining 50% would shiftfromo the be IKE EASTLING current needs distribution to lane mileage multiplied g 700Treasurer by some magical construction cost index Portland Ave So (CCI ichfieid. MN 55423 (CCI) . 12) 669-7521 The impact of the CCI is as much as 62% between GREG KNUTSEN adjoining suburbs and as much as 65% between outstate Past President cities less than 45 miles apart. This impact is even 05 Oxford Street further distorted by an assumption by the T Louis Park MN 55426 TSB that 15 million dollars in additional funds willtabe (612)924-2563 added to the M.S.A. HNFLORA into the spreadsheet analysis increase is factored e)University the 1990 allocations y prior to comparison to 431 5543ve NE cities will benefit from the new rsystem. that most is Fridley. MN 55432 12) unlikely that State Legislature will increase M.S.A. RRYANDERSON funding by 18. 4% at the same time that they deal with Director a billion dollar shortfall. 99 DaKota Street E r Lake MN 55372 while I agree that a more timely adjustment needs to ( )44, 4230 occur in the ROD PLETAN with throwing out palneeds dsystemlthatohasyservedgthe state remarkably well for over 30 the ansoortation Bldg. further concerned that the Transportation Study irvor reland Blvd. I am St. Paul. MN 55155 is willing to endorse sweeping in Board e (6 )297-3590 allocation of Municipal State Aid changes based on D rec:or SOBIECH faulty assumptions simply because they are neatly � packaged in a single spreadsheet. 2500 American Bank Bldg. St aul. MN 55101-1893 (61 292-4400 h , ` EFREFR I DE.0 03 1990 I Ff Fag 4i •,x,•j. �' DEPT ,N E 3 I Cc CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. �Z� K 1 Attorneys at Law c Ee 1 9 1990 Thomas J. Campbell CI . v fr SEN 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 December 18, 1990 Dennis J. Unger I Mr. William R. Soth Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402 RE: Rosemount, Inc./Chanhassen Shoreland and Flood Plain Management Regulations Dear Mr. Soth: Your letter of December 12, 1990, asked me if I would consider the two parcels referred to in your letter as one "lot", as the term is presently defined in Minnesota Rules § 6120.2500, Subpart 8, if the following were to occur: 11 We would proposed to execute and record against the option lot a covenant providing that the lot will continue to be held in common ownership with the main parcel, and providing that they will not be separately conveyed. The covenants and restrictions would also prohibit any building on the option lot, so that this would remain undeveloped and would be available for water retention. In addition, we would combine the two parcels into a single tax parcel, which would further ensure that they could not be divided in the future without City approval. It would also protect the City against any tax forfeiture of the option lot. If the covenants and restrictions you refer to could be made perpetual and if the covenants and restrictions could not be removed or amended without the City's approval, I would consider the two parcels to be one "lot" under the current DNR definitions. •ery 6 yours, C• • • - , KNUTSON, SCOTT FUCHS, P.A. BY : .er N. Knutson RNK:srn cc: Don Ashworth Jo Ann Olsen Paul Krauss Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I I //yAJ ..-i C r. 1 _ CITY OF cc_ ,,,,- I op CHANHASSEN c le,v,./..„4/., as a. o7,-.1.l4- I690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 II December 17, 1990 CERTIFIED MAIL II Minnesota Department of Transportation II Mr. Earl Howe, District Right-of-Way Engineer Metro District Golden Valley 5801 Duluth St. 11 Golden Valley, MN 55422 II Re: Temporary Construction Permits SP1002-51 (TH 5 in Caver County) File No. 88-28B 1 Dear Mr. Howe: II Enclosed please find original executed "Temporary Permits to Construct " for the following Trunk Highway 5 parcels: 1 PARCEL NO. OWNER 202 Chanhassen Park Place Partners 204 Frank Beddor Jr. et al. 206 The City of Chanhassen 207 Martin J. Ward II 208 State Bank of Chanhassen(Don McCarville) 208A Lawrence Zamor 208B Thaddeus Korzenowski 209B Amoco Oil Company II 209C Chanhassen HRA 211 Chanhassen Legion Post No. 580 212 Apple Valley Red-E-Mix il 215 The City of Chanhassen 316C The City of Chanhassen 1 As you will note, the permits yet to be received are parcel 316 (Chanhassen Holding Company) and Parcel 316B (Sinclair) which we are continuing to pursue. You will also note that the permit for parcel No. 208 (McCarville) includes a statement that the permit is granted for consideration of $800. I have recently 1 communicated to Mr. McCarville that we are not intending at this time to pay reimbursement for these permits. You were recently copied on my correspondence to him in this regard. Further, on parcel 209B, Amoco has also stricken and 11 added some of its own language relative to "hold harmless", etc. II Mr. Earl Howe December 17, 1990 Page 2 Since my last official day with the City will be Wednesday, December 19, others will be involved in hopefully procurring the remaining right—of—entry permits. I will be available after hours to provide input if necessary until my replacement is hired. It's been a pleasure working with you on these projects and I wish you success in procurring the remaining permits. Sincerely, CITY OF CHANHASSEN • ary a Warren, P.E. Cit ngineer GGW:ktm c: Don Ashworth, City Manager Fred Hoisington, Hoisington Group Bob Lindall, Southwest Transportation Coalition IEnc: As noted I/ 1 1 I 1 I 1 IF I S.P. 1002 Parcel 202 County of Carver TEMPORARY PERMIT TO CONSTRICT The State of Minnesota has by its Caunissioner of Transportation established and designated the route of Trunk Highway No. 5 in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver _ County, Pt. Lot 1, Elk. 3, Chanhassen Business Park, as shown in red on the attached exhibit. ' The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. ' The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by D.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: /)— 3--90 ' In the presence of: 1' /6144a- GM Giik tiltSSEK ig6/ 44.4 I _Nh ,E'er DEC 06 1990 EtinittEitta DEPT. I 1 IT � Y OF GNP NIIASSEN ' OCT 121990 ENGINEERING DEPT. S.P. 1002 Parcel 204 ' County of Carver TEMPORARY PERMIT TO CONSTRUCT ' The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 5 in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, Pt. Lot 1, Elk. 1, Park Two 2nd Add'n., as shown in red on the attached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By ' this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the ' necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: 70// 9a In the presence of: %". r, ank Be..o Jr /2 It r ar yn Bed.'r G— ` / E. Jerome Carlson r - I I I. 1 • S.P. 1002 Parcel 207 County of Carver TEMPORARY 1 PERMIT W CON JCT 1 The State of Minnesota has by its Commissioner cf Transportation established and designated the route of Trunk Highway No. � in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, ' Pt. SE 1/4, NW 1/4, Sec. 13-116-23, as shown in red on the attached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the II necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive All right of final 1 payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. 1 Dated: In the presence of: ! - 4 I r S.P. 1002 Parcel 208 County of Carver ' TEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Cainissioner of Transportation established ' and designated the route of Trunk Highway No. 5 , in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, ' Pt. Lot 3, Elk. 2, Frontier Development Park, as shown in red on the attached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to ' surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. ' The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. ' It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, tthea:undersigned hereby Minnesota, the right to � � Y grant to the State'of ' gh go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or axnpranises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: PASfrU ,orlad r M= C'ard4//P In the presence of: £, r; rrID r I I I S.P. 1002 Parcel 208A County of Carver TEMPORARY PERMIT TO CONSTRUCT ' The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 5 in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, ' Pt. Lot 3, Elk. 1, Zamor Add'n., as shown in red on the attached exhibit. ' The undersigned, having an interest in the above described real property, understand that they are hot required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the ' necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive Lll right of final ' payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: �r� c, 7- /95, In the presence of: • aU6.6j3124a43614pb,=,L■ r I I 1 1 S.P. 1002 ' Parcel 208B County of Carver TEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. �3_ in Carver County, 1 Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in . Carver County, 1 Pt. Lot 2, Blk. 1, Zamor Add'n., as shown in red on the attached exhibit. iThe undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. 1 The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as kreled e b y th Uat S.suh lc Lin w a n 91 wy j,eTpode ,or ectcimpo 301e4s)twth dthge s to 1 which the undersigned may be entitled pursuant to the eminent domain action. Dated:-6 - 1 V999t / In the presence of: � mod. 1 1 4/10`-- -- • i I I I s.p. 1002 Parcel 209B ICounty of Carver TEMPORARY PERMIT TO CONSTRUCT IIThe State of Minnesota has by its Cannissioner of Transportation established and designated the route of Trunk Highway No. 5 , in Carver County, Minnesota. I It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, IPt. NW 1/4, NE 1/4, Sec. 13-116-23, as shown in red on the attached exhibit. I The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By II this instrument, the undersigned waive these rights and give the State of - Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the Inecessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be oomumenced immediately and completed without interruption. I For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed e-ale ed a _„ right ef final :�Q Thirmesota taking-pass lion, of file lami-a (/.S.S mf8y _ t.. th ;., nt ar.nom<n sx�t et3;_ Co Cif°v on �. I ., Dated: I . . • � . In the presence of: .�P I iii,�.,� ,59,: •r,,,/ . .A,1 Ai /lIa_.a • `*The State of Minnesota and the City of Chanhassen hereby agree to waive all claims and defend, indemnify and hold harmless Amoco Oil Company, its agents, contractors, and employees from any claim,demand, loss, or expense which may arise by reason of any damage to property, personal injury or death arising directly Ior indirectly out of, or incidental to this Temporary Permit to Construct. II 1 1 a.r. 1002 Parcel 209C County of Carver TEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway Na. 5 in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, Pt. Tract "A", R.L.S. 96, as shown in red on the attached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to ' surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. ' The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway 1 immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: It V1 190 In the presence of: art i. 1 \ . . .� .C4� 1 1 I i�J nR:� I n NOV 07 1990 I ENGINEERING DEPT. II S.P. 1002 Parcel 211 County of Carver ITEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Commissioner of Transportation established • I and designated the route of Trunk Highway No. 5 in Carver .County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real Iproperty situated in Carver County, Pt. NW 1/4, NE 1/4, Sec. 23-116-23, as shown in red on the Iattached exhibit. The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property I until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and I operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. , It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. II For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as I required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. CHANRASSEN POST #580 AMERICAN I Aated. //_ 9 q - LEGION HOUSING CORPORATION II In - presence of �sz<,a 4-_A1 . all -i�c-t�-�(. / PRESIENT , Mai i .._.� I / / ,77„,/, n....,„I ...7" -- ' ,,' i 1 I I _ --- I • I I - i S.P. 1002 Parcel 212 County of Carver TEMPORARY PERMIT TO CONSTRDCT 11 The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway N . 5 in Carver County, Minnesota. II It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, I Pt. NE 1/4, NE 1/4, Sec. 13-116-23, as shown in red on the attached exhibit. The undersigned, having an interest in the above described real property, II understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of I Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. . The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by lmw. I It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. II For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final - II - payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. ,' Dated: a �r-. ,4 /4 fb IIIn the presence of: iI,f ■, )-- ./7.,, ,-./. ,...,,Z a. -- --41.---7L/ .._, I . CITY OF CHANHASSEN OCT 2 21990 • I ENGINEERING DEPT. I 1 I • I S.P. 1002 Parcel 215 County of Carver TEMPORARY PHR?CT TO CONSTROCT The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. in Carver County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, Pt. Sec. 13-116-23, as shown in red on the attached exhibit. 1 The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. It is necessary that the actual construction of said highway be commenced immediately snd completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive All right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the I knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. ' Dated: io-ta-co In the presence of: `�-"`°�� 04—.Tt e-/r1 A4mIA HAyo� I I II II II . II S.P. 1002 Parcel 316C County of Carver IITEMPORARY PERMIT TO CONSTRUCT The State of Minnesota has by its Commissioner of Transportation eestabl�heed/ II and designated the route of Trunk Highway No. �_ in Y Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Carver County, Pt. Cutlot 1, Chanhassen Estates, as shown in red on the attached exhibit. IIThe undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property until the purchase price has been made available and are not required to surrender lawfully occupied real property without at least 90 days notice. By this instrument, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain, and operate the trunk highway. II The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. II It is necessary that the actual construction of said highway be commenced immediately and completed without interruption. For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon said real property and construct said highway immediately and to continue to work the same until fully completed, and to travel the same when completed. The undersigned waive all right of final payment prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title III, Section 301(4) with the II knowledge that such act in no way jeopardizes or compromises the damages to which the undersigned may be entitled pursuant to the eminent domain action. Dated: 10-►a-aO. ,LC2_ In the presence of: It,raii'- e iry f0I4NR6E.,-_, IifRyob I I I _ ., - Gt- ItiolU REGIONAL TRANSIT BOARD I MICHAEL J.EHRLICHMANN December 14, 1990 Chair • Bus Fares to Go Up in 1991 • 1 For the past eight years there have been no significant increases in bus fares in this region. In 1988,the Metropolitan Transit Commission instituted a fare simplification plan,but it did not raise fares, it just made it easier to understand the system. Now,the transit providers who serve regular I - route lines are not meeting the minimum standard of recovering 35 percent of the operating costs of buses through the farebox. Most of the providers recover around 31percent of operating costs in fares. _ • I "The Regional Transit Board is proposing four options to raising fares in this region. In early January, the RTB will hold six public hearings to hear comments on these faie increase proposals. " Options B, C and D are"deep discounting" options that are proven methods to raise fares without I - losing ridership. Currently,Option D is the preferred option as it will bring transit providers to the 35 percent farebox recovery requirement. All four proposals advocate raising the dine zone and senior fares to 25¢. IOption A Fares increase 250 per ride with the maximum fare of$1.50. . Option B Cash fares increase 25¢while.convenience fares stay the same. This results in a 16-33 .I ,percent savings for people-who buy tokens,ten-ride cards and bus passes. Option C Option B with the introduction of new monthly passes aimed at the weekday commuter - - I and the all-you-can-ride commuter. The weekday pass would be priced at 36 trips and the unlimited pass would be priced at 45 trips. • Option D Cash fares increase 350 per ride and convenience fares go up by 5¢per ride. This option - Iintroduces the commuter and unlimited passes like in Option C. - Federal,state and local sources of funding are not keeping pace with rising operating costs. By instituting deep discounting strategies,those that take advantage of the buy-ahead discounts are in _ -I essence paying the same fares. Those that opt for cash fares,who are more likely to be the occasional transit user,do end up paying more. The RTB will hold six public hearings. Here is the schedule: - January 2, 1991 noon Minneapolis Public Library,Heritage Hall,300 Nicollet Mall January 2, 1991 - 7 p.m. Pilot City Regional Center,The Canteen, 1315 Penn Ave N,Mpls • January 3, 1991 7 p.m. Roseville City Hall Council Chambers,2660 Civic Center Dr,Roseville IJanuary 7, 1991 noon U of M--Coffman Union,Room 320--President's Room January 7, 1991 5 p.m. - RTB Chambers,230 East 5th Street,St. Paul 1 January 8, 1991 7 p.m. Apple Valley City Hall Council Chambers, 14200 Cedar Ave,Apple Valley I encourage all interested parties to participate in these hearings. Call 292-8789 if you wish to sign up to speak at any of the hearings. -- ' 1 i � . - _ 230 EAST FIFTH STREET,SEVENTH FLOOR • ST.PAUL,MN 55101 • 292-8789 III _ . Printed on recycled paper. •E,pl: I / - .� SOUTHWEST CORRIDOR TRANSPORTATION COALITION, INC. 470 Pillsbury Center - " v Minneapolis, Minnesota 55402 CITY OF Cyr.. 612-337-9300 i i 337-9219 ' December 20 , 1990 Ms. Laurie Langford Legal Department Sinclair Oil Corporation 550 East South Temple Salt Lake City, Utah 84102 ' Re: Temporary Construction Permits for Trunk Highway 5, Parcel #316B, Project #88-28B Dear Ms. Langford: - This will confirm our telephone conversation of December 19 , 1990 with Mr . Don Ashworth, City Manager of the City of Chanhassen. I am enclosing a letter dated October 19 , 1990 from Gary Warren, City Engineer for Chanhassen, to Sinclair Marketing, Inc. , concerning the same project. In our telephone conversation you requested information concerning the following matters: 1. What improvements owned by Sinclair, if any, and located upon the property to be subject to the Temporary Permit to Construct, will need to be relocated? I am enclosing plans for the improvements to Dakota Avenue just east of Sinclair 's station property in Chanhassen ' (Parcel 316 B) . In particular, please see sheets 60 and 69 for reference to Parcel 316B. They show construction of access drives, curb and gutter to widen Dakota Avenue. I am advised by Minnesota Department of Transportation consulting engineer, James Unruh, of Barton-Aschman that this reconstruction will be undertaken by Minnesota Department of Transportation (MnDOT) at its expense. He advises me that adjacent paved or lawn areas which are affected will be restored and blended into the improvements. Mr. Unruh does not believe any other Sinclair improvements will be ' affected. If this is incorrect, please advise us. The local station owner, Ivan Johnson, has reviewed the proposed improvements. He requested that an additional access 11 I driveway from the station to Lake Drive be constructed as II part of the TH5 construction. This will improve truck access and circulation. The City of Chanhassen constructed that driveway in the fall of 1990. I2 . If any such improvements need to be relocated, who will pay for such relocation costs? I If any Sinclair improvements are taken, damaged or destroyed by the project, Sinclair is entitled to be compensated for the damages caused to its property, in an amount to be I agreed or to be determined by condemnation. Signing the Temporary Permit to Construct will not prejudice those rights. I 3 . What is the timetable of the proposed construction project? I In our conversation of December 19 I advised you that MnDOT will advertise for bids for construction of the segment of road widening project lying between the Hennepin I County border and Park Drive, in Chanhassen (which includes the subject property) , on or about March 22, 1991, if MnDOT has received such temporary permits to construct with respect to all parcels affected by this project. Temporary I construction permits have been received with respect to 13 of the 16 parcels, to date. Property owners who have already given consent or such permits include Amoco Oil I Company and McDonald 's Restaurants. If the project is bid in March, it is anticipated that construction will be completed on Dakota Avenue south of TH5 before the end of I the construction season in 1991. On the other hand, if all the permits are not obtained by February 1, 1991 it is anticipated that condemnation will begin in March, 1991 and quick take transfer of the required interests will be I completed in July, 1991. Construction will begin in August, 1991, but Dakota Avenue south of TH5 will not be completed until late 1992. ' The Southwest Corridor Transportation Coalition is composed of representatives of Hennepin County, Carver County, the City of Eden Prairie, the City of Chanhassen, the City of Chaska and I other affected units of government, corporations and individuals. Our objective is to widen Trunk Highway 5 and build a new U.S,. Highway 212 . We believe a widened Highway 5 will improve I patronage at your Sinclair station because it will promote increased traffic and increased population in the Chanhassen area. We presume these are reasons why Sinclair should perceive I granting of the temporary construction permit to be in its own interest because it will enable these improved conditions for itself to begin a year early. I If Mr. Unruh can be helpful in answering questions, his telephone number is 612-332-0421. II It is our understanding that MnDOT will be making offers to purchase before the end of 1990 . Appraisals have been or are about to be finalized and we hope offers made to affected property. owners before the end of December. However, as I told you on the phone, it is intended that the temporary construction permit will not prevent Sinclair from negotiating or litigating for further compensation. I would be happy to provide you with any additional information you may request. Please call me or write me if you have any further questions or comments. Thank you for your cooperation. Y• - very tr , g ' t/ 4, Robert J. ind • 11 RJL/lmb Enclosures cc: Don Ashworth, Chanhassen Gary Warren, Chanhassen Earl Howe, MnDOT Coalition Board Members James Unruh, Barton-Aschman Mike Spielman, MnDOT 1 I I 1 I 1 r¢ C I TY Q F CHANHASSEN ' • ._ - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 20 , 1990 Mr . Stephen Morse 890 Pleasant View Road Chanhassen , MN 55317 ' Dear Steve , CONGRATULATIONS ON YOUR APPOINTMENT TO THE PUBLIC SAFETY ' COMMISSION ! I am very pleased that you will be joining us -- I can assure you that the experience will be enjoyable and posi - tive, for both you and the City. ' Please mark your calendars for our next Public Safety Commission meeting at 7 p.m.. on Thursday, January 10 . Public Safety Com- mission meetings are scheduled regularly for 7 p.m. on the second Thursday of each month. During the commissioner applicant interview process , the present ' Commissioners thought it would be a good idea to have some sort of informational process to help new commissioners coming on board. May I suggest that you give me a call at your earliest convenience, so that we might schedule a meeting here to discuss aspects of the Public Safety Department , introduce you to the staff , and help you begin to feel comfortable with how the operation works in general . Again, congratulations on your appointment . I have no doubt you will share my genuine enthusiasm for the work we do. Happy Holidays ! Sincerely, • i Scott Harr Public Safety Director SH:bk cc: Don Chmiel , Mayor Don Ashworth, City Manager 1 1 CITYOF ..„ CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 20, 1990 I ' -Mr . Craig Blechta 31 Sandy Hook Road Chanhassen, MN 55317 Dear Craig, CONGRATULATIONS ON YOUR APPOINTMENT TO THE PUBLIC SAFETY ' COMMISSION ! I am very pleased that you will be joining us -- I can assure you that the experience will be enjoyable and posi - tive, for both you and the City. Please mark your calendars for our next Public Safety Commission meeting at 7 p.m. on Thursday, January 10. Public Safety Com- mission meetings are scheduled regularly for 7 p.m. on the second 1 Thursday of each month. During the commissioner applicant interview process , the present ' Commissioners thought it would be a good idea to have some sort of informational process to help new commissioners coming on board. May I suggest that you give me a call at your earliest convenience, so that we might schedule a meeting here to discuss aspects of the Public Safety Department , introduce you to the staff , and help you begin to feel comfortable with how the operation works in general . Again, congratulations on your appointment . I have no doubt you will share my genuine enthusiasm for the work we do. Happy ' Holidays ! Sincerely, ( 1C. Scott Harr Public Safety Director SH:bk cc: Don Chmiel , Mayor Don Ashworth, City Manager I • CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 20, 1990 I Mr . David Johnson ' 511 Laredo Lane Chanhassen, MN 55317 Dear Dave , CONGRATULATIONS ON YOUR APPOINTMENT TO THE PUBLIC"SAFETY COMMISSION ! I am very pleased that you will be joining us -- I can assure you that the experience will be enjoyable and posi - tive , for both you and the City. Please mark your calendars for our next Public Safety Commission meeting at 7 p.m. on Thursday, January 10. Public Safety Com- mission meetings are scheduled regularly for 7 p.m. on the second Thursday of each month. During the commissioner applicant interview process , the present Commissioners thought it would be a good idea to have some sort of informational process to help new commissioners coming on board. May I suggest that you give me a call at your earliest convenience, so that we might schedule a meeting here to discuss aspects of the Public Safety Department, introduce you to the staff , and help you begin to feel comfortable with how the operation works in general . Again, congratulations on your appointment . I have no doubt you will share my genuine enthusiasm for the work we do. Happy Holidays ! ' Sincerely, Scott Harr Public Safety Director ' SH:bk cc: Don Chmiel , Mayor Don Ashworth, City Manager I CITY OF cc 04- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX(612) 937-5739 December 19, 1990 Holmes & Graven Attn: Mr. Robert J. Lindall 470 Pillsbury Center Minneapolis, MN 55402 Re: Trunk Highway 5 Right-of-Entry Permits File No. 88-18B, S.P. 1002-51 Dear Bob: Just a brief update to let you know that Fred Hoisington informed me today that recent discussions with Herb Mason indicate that the right-of-entry permit for Parcel No. 316 (Chanhassen Park Place Partners) should be received by the first week in January, 1991. Fred indicated that the partners apparently feel confident that they can execute the permit without Ms. Peggy Riley's signature and therefore it should be forthcoming. Similarly, Fred has had discussions with Don McCarville (Parcel No. 208) wham I sent a recent letter requesting him to execute without compensation the entry permit. Mr. McCarville apparently indicated that he is agreeable at this time to sign the permit and this also should be forthcoming in the near future. I 11 have asked Fred to keep abreast of these two parcels until they do indeed cane in and notify you accordingly when received. That leaves us then with Parcel No. 316B (Sinclair) which you agreed to try to Imake contact with Ms. Lori Langford in Salt Lake City. It has been a pleasure working with you over this past year and I look forward to our paths crossing in the future. Have a happy holiday season! Sincerely, CITY OF CHANHASSEN Gary G. Warren, P.E. City Engineer GGW:ktm c: Fred Hoisington Earl Howe, MnDOT Don Ashworth, City Manager 1 I CAMPBELL, KNUTSON, SCOTT (Sz. FUCHS, P.A. . Attorneys at Law 7t cc 4 1990 Thomas J. Campbell Roger N. Knutson 1612)'456! , N Thomas M. Scow Fax(612)456-9542 Gary G. Fuchs James R. Walston Elliott& Knetsch Gregory D. Lewis December 13, 1990 Dennis J.Unger 1 Mr. Paul C. Hufnagle 10424 Morris Circle Bloomington, Minnesota 55431 RE: City of Chanhassen/Paul C. Hufnagle Real Estate Transaction (Carrico Park Property) Dear Mr. Hufnagle: The City of Chanhassen wishes to pay off the contract for deed in the above referenced real estate transaction. Under the terms of the contract for deed, the City has the right to prepay the 11 contract at any time without penalty. Therefore, on January 10, 1991, the $50,000 principal balance, along with accrued interest from September 20, 1990, shall be paid to you. At such time, we request that you execute a warranty deed conveying title to the property to the City of Chanhassen. This office will prepare such deed. May I suggest that we tentatively plan to meet at the Chanhassen City Hall on January 10, 1991, at 9:00 a.m. , for the closing of this transaction. I will be contacting you in the interim to work out the details. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY: I James R. Walston JRW:srn cc: Don Ashworth Jean Meuwissen Kerry Meagher (Policy No. 24-0011-32-000178) P.S. - Jean: I will contact you in advance of January 10, 1991 , to discuss the payoff figure. JRW Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 i STATE OF MINNESOTA 90 DEPARTMENT OF REVENUE Cl/ r of ,„„ ntiSSC^,i I December 11, 1990 C c ///ors.. P a A%w To: Local Govern. ent Officials °'� Fr: John Jam: y 111'.411ri / ° `' S\/-" e Commis 1 You are no doubt wondering about the implications of the recently announced state fiscal forecast for your own situation and for state aids to local governments. At this point, nobody has any definite answers, but I want to share with you what I do know and to offer some comments from my perspective prior to the end of my term as Commissioner of Revenue. I hope they will be useful to you. I believe that these are the key points: 1. The December 15 aid payments will be made in full and on time. 2. The Department of Revenue will shortly certify the amounts of HACA currently scheduled to.be paid in calendar 1991 (fiscal 1992). However, these amounts may well be changed by the 1991 legislature. 3. The legislature could require you to repay a portion of the December aid payment if it determines that drastic measures are necessary to improve the state's 1991 fiscal situation. 4. The legislature could choose to reduce the calendar 1991 aids, which would affect the state's fiscal position in 1992, but not 1991. 5. If the legislature acts in January, it could authorize an additional 1991 levy to make up for aid reductions. 6. County auditors may want to delay beginning 1991 tax rate calculations until the likelihood of legislative action becomes clearer, if they can conveniently do so without jeopardizing the timeliness of the 1991 property tax statements. r AN EQUAL OPPORTUNITY EMPLOYER I • 3 • January if local governments are to avoid a delay in their 1991 property tax statements. HACA not guaranteed. We at Revenue have experienced some delays in our effort to determine exactly how much HACA aid is scheduled to be distributed in 1991. We are very close to having that determination made, and will shortly be certifying it to you. However, because the legislature might act in 1991 to reduce the amounts we are about to certify, all local governments should realize that the amounts are less certain than would ordinarily be the case, and auditors probably should not rush to begin the process of issuing property tax statements for 1991. Need for restraint. The clearest message out of this entire situation is the need for immediate fiscal restraint at both the state and local levels. All of us ' need to immediately commence conserving fiscal resources. Such conservation at the local level will not technically do anything to improve the state's fiscal position, but it would better position local governments to face an immediate future of either less state aid or, at best;very slow growth in state aid. Pressures on the property tax system. I am very concerned that, in the difficult circumstances we face, the legislature might put additional pressure on the property tax without substantially reforming our property tax system. We all know that a large state spending reduction undertaken for the laudable purpose of balancing the state budget can, if achieved through reduced payments to local governments, quickly translate into large property tax increases. We went down that path in the early 80s, when the property tax was at considerably lower levels than it is today. I believe it would be a big mistake to do so again on an across-the-board basis, because several classes of property already are being taxed at uncomfortably high rates, and the property tax itself has grown uncomfortably large in the total mix of state and local taxes. On the other hand, property taxes on the first $68,000 of value of every owner-occupied home in the state and on the first 1 $110,000 of homestead farm land value are tremendous bargains because the rates are so low. The owners of such property are in effect subsidized by all other taxpayers. I In the past three years, we have made substantial progress on property tax and ' local aids reform. However, there remains quite a way to go. I suspect that completing the job will require major reform of the state/local fiscal system. In any case, it is clear that we have alternatives for solving our current fiscal 1 problems that do not require substantial across-the-board increases in the burdens placed on a property tax system that is ill-equipped to shoulder them. I I I 4 Those possibilities include spending —and service—reductions at the state and local levels, broadening the sales tax base, and property tax increases for the classes of property that now pay so very little in relation to others. If tax changes are necessary, these two could be made without hurting g Minnesota's competitive position. They could also be made in ways that protect low income people. Choosing among these and other options is the challenge for Governor-elect Carlson and the legislature. I believe that almost anything would be better than large across-the-board property tax increases, if we are serious about having our revenue system be fair, efficient, reliable, competitive, and understandable. These are the criteria we at Revenue use to evaluate our revenue system. Your participation with the Carlson administration and the legislature is likely to be important if we are to solve our current fiscal problems without worsening our property tax problems. It certainly will be important if there is an effort to improve our state/local fiscal system. I I I 1 I I I I I 1 CITY OF CI1ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM 1 TO: City Council ' FROM: Paul Krauss, Planning Director DATE: January 2, 1990 SUBJ: Southwest Metro Capital Improvements Program for 1991-95 At a recent City Council meeting, where an issue concerning Southwest Metro was discussed, Councilmen Wing and Workman requested detailed information concerning proposed expenditures 1 planned for Southwest Metro. Based upon this request, we have obtained a copy of their capital improvement program for the years 1991-1995. This plan has been acted upon favorably by the Board of Southwest Metro and is currently in the implementation stage. Items affecting Chanhassen directly are highlighted and these include improvements to the Chanhassen Bowl Park and Ride and acquisition of a park and ride site at the southwest corner of 184th Street/Dell Road/Hwy. 5. In addition, proposed funding for improvements is provided in the report. This material is presented for your review. Should you have additional questions or desire further information, please let me know and we will obtain whatever it is you need. ATTACHMENT 1. Southwest Metro Capital Improvements Program for 1991-1995. 1 I 1 1 1 SOUTHWEST METRO TRANSIT 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 December 11, 1990 1 ouLA I TO: Southwest Metro Transit Commission FROM: Diane Harberts, Administrator SUBJECT: Capital Improvements Program, 1991-95 Attached is a proposed Capital Improvements Program (CIP) for your consideration. Fred Hoisington will discuss it in detail at the December 20th Commission meeting. Subject to the Commission's approval, the CIP will be incorporated into SMTC's 1991 Management Plan and Budget and reviewed by the Regional Transit Board. RECOMMENDATION: That the.Southwest Metro Transit Commission approve the Capital Improvements Program for 1 991 -95. I I I I I /7 " LAND USE CONSULTANTS IHoisington Group Inc. • December 11, 1990 I I . ISouthwest Metro Transit Commission - 7600 Executive Drive Eden Prairie, MN 55344 Re: Capital Improvements Program I • Attention: Diane Harberts, Administrator 1 Enclosed for your review is a draft of the proposed Capital Improvements Program for SMTC park and ride lot improvements. If revenue projections 111 ' are correct, there should be sufficient monies available to SMTC from RTB to cover the costs of all improvements. Later in the program (1994-95), . cost sharing with MnDOT is anticipated based on what we think MnDOT's Icost sharing policies will be for park and ride improvements. In addition to the CIP, we would like to review the land value appraisals Iwith the Commission and seek authorization to negotiate a purchase of the two subject park and ride sites at the December 20, 1990 Commission meeting. Also enclosed for your review are lists of contingencies to be • negotiated and then included with purchase agreements. We would welcome suggestions on how to proceed with the acquisition at this critical — stage. If you have questions prior to the December 20 meeting, please give me a call. . Sincerely, I • - Fre L. Hoisington,"g ICP , Planning Consultant I _ Enclosures • I FLH/glh . _.. ; . = _, 7300 Metro Blvd.•Suite 525•Minneapolis,MN 55435•(612)835-9960 .. ;.•- - - - . .. -. .-. ._,-� .-.-....r sjy.:.idw.•-... ..._.•.,_e4e.c,.�7t`f:21i1.'6�Y; • SOUTHWEST METRO TRANSIT COMMISSION PARK AND RIDE CAPITAL IMPROVEMENTS PROGRAM ' ACTIVITIES DESCRIPTION The design, site acquisition and construction of park and ride lots which will provide formal, identifiable locations for riders to park their cars and transfer to buses, thus encouraging the use of transit services. .' 1 . Chanhassen Bowl Improvements. This 1991 project will include the construction of a bus turn around from Bowling Alley Drive, the ' relocation of a bus shelter and construction of a large passenger waiting area for the existing Chanhassen park and ride lot. ' 2. Chanhassen Site 6 Acquisition. This will entail the acquisition of 4.1 acres of land in 1991 on the southwest corner of 184th Street and TH 5 for future park and ride use. 3. Eden Prairie Site 17 Acquisition. This will include the acquisition of q Q 5.0 acres of land in 1991 on the southeast corner of County Road 4 and ' Terrey Pine Drive for a future park and ride lot. - • 4. Eden Prairie Center Lease. This will entail the procurement in 1991 of a 20 year lease from Homart Development Company for up to 200 park spaces for park and ride use. It would be desirable not to have to pay for the lease but it may take remuneration to arrive at a mutually acceptable solution. ' 5. Radius Improvements at Valley View Road and TH 101. This is a minor interim. street improvement which is felt to be necessary to facilitate north to east bound bus movements from TH 101 to Valley View Road for A.M. commutes. This will include the lengthening of the southeast radius, a project that will be designed and constructed by ' the City of Eden Prairie. The City has indicated that costs will be born by SMTC. 6. Chaska Site 3 Construction. This project will include the expansion of the new Chaska fire station parking lot on Engler Boulevard by up to 100 spaces to accommodate park and ride in 1993. The timing of and need for this improvement will depend on the status of the downtown park and ride lot and/or parking demand. • I I 7. Eden Prairie Site 17 Construction. Phase I, including up to 186 parking spaces, is intended to be constructed in 1993 to replace the temporary Martin Drive lot. Phase II will be built as demand dictates. Costs include a storm drainage solution for SMTC but no solution for Mini Storage. 8. Eden Prairie Site 13 Construction. It is assumed that MnDOT will ' acquire the land for this lot in 1991 as part of the TH 212 right-of- way acquisition process (scheduled to be the subject of condemnation hearings in February 1991). This project is intended to be the largest rpark and ride lot in the SMTC system with up to 500 parking spaces plus parking for two articulated buses with a bus passing lane. MnDOT has indicated that a construction cost sharing arrangement may be required (no firm policy until early 1991). The City of Eden Prairie has expressed an interest in this being a high amenity park and ride lot with substantial landscaping. MnDOT has served informal notice that amenities will be the responsibility of SMTC. 1 9. Chanhassen Site 6 Construction. Phase I, including up to 109 parking spaces, is intended to be built in 1995. Phase II will be built as demand dictates. 10. Associated Activities. There will be a number of non-administration activities associated with the purchase of Sites 6 and 17 in 1991 including traffic analysis (Eden Prairie), City and Watershed District approvals, environmental audits, soil borings and legal services. All of these activities will have to be completed prior to the final purchase of the two sites to provide needed assurances even though they will not be constructed until 1993 and 1995. In both cases extensions of City approvals will be needed to keep the projects current until they are ready to be constructed. Approvals costs are included within the Sites 6 and 17 construction budgets. All legal fees are included in Item 10 of the CIP. r 2 Ns — N OM — - - Ns NM s — EN Ma MN NM r r - SOUTHWEST METRO TRANSIT COMMISSION REVENUE POTENTIAL 1991 1992 1993 1994 1995 PROPERTY TAX REVENUE(4%/YR) $1,980,000 2,059,200 2,141,570 2,227,230 2,316,320 FARE REVENUES(5%/YR) $293,000 307,650 323,030 339,200 356,140 TOTAL POTENTIAL REVENUES $2,273,000 2,366,850 2,464,600 2,566,430 2,672,460 OPERATING COSTS(9%/YR) $1,270,000 1,384,300 1,508,900 1,644,700 1,792,700 CAPITAL FUND POTENTIAL $1,003,000 982,550 955,700 921,730 879,760 • MI an NS — NM NM MS — IIIII IIIIII I EN MO MR NM I E SU • • • SOUTHWEST METRO TRANSIT COMMISSION PARK AND RIDE LOT DEVELOPMENT COSTS SITE #6 SITE #17 • CONSTRUCTION 145,800 1) 238,200 2). CONSTRUCTION DOCUMENTS PREP 16,200 3) 1 8,000 3) CONSTRUCTION ADMINISTRATION 3,600 5,700 APPROVALS (City) 12,000 16,500 TESTING/SURVEY 3,000 3,000 TOTAL $180,600 $281,400 1) Phase 1 - 109 spaces 2) Phase 1 - 186 spaces 3) Includes total CD package for Phases 1 and 2. 0 - • MI MI OM r II r • MI OM NM r I MI I MI r UN SOUTHWEST METRO TRANSIT COMMISSION PARK AND RIDE LOT ACQUISITION/DEVELOPMENT COSTS 1991 COSTS COST IN YEAR BUILT/ACQ 2) 1.CHAN BOWL 80,000 80,000 2. CHAN SITE 6 ACQUISITION 340,000 340,000 3. EP SITE 17 ACQUISITION 450,000 450,000 4.EP CENTER LEASE 100,000 100,000 5. RADIUS VALLEY VIEW/TH 101 3,000 3,000 6.CHASKA SITE 3 CONSTRUCTION 135,000 146,000 (1993) • 7. EP SITE 17 CONSTRUCTION (Phase I) 280,000 303,000 (1993) 8. EP SITE 13 CONSTRUCTION 600,000 675,000 (1994) 9.CHAN SITE 6 CONSTRUCTION (Phase 1) 180,000 210,000 (1995) 10. LEGAL 20,000 20,000 SUBTOTALS $2,188,000 1) $2,327,000 1) CONTINGENCY(20%) 437,600 465,400 TOTALS • $2,625,600 $2,792,400 1) Includes administration and approvals 2) Based on 4% annual Inflation MI MIMI IIIIII MI MS OM MN MN • 1111111 MI MI INIII 111111 SOUTHWEST METRO TRANSIT COMMISSION PARK AND RIDE LOT CAPITAL IMPROVEMENTS PROGRAM IMPROVEMENTS 1991 1992 1993 1994 1995 TOTALS FUNDING SOURCE 1.CHAN BOWL P&R CONSTRUCTION 96,000 96,000 RTB 2.CHAN SITE 6 ACQUISITION 204,000 204,000 408,000 RTB 3. EP SITE 17 ACQUISITION 270,000 270,000 540,000 RTB 4.EP CENTER EASEMENT ACQUISITION 120,000 120,000 RTB 5. RADIUS IMPROVEMENT 3,600 3,600 RTB (Valley View & 1)4 101) 6.CHASKA SITE 3 P&R CONSTRUCTION 175,200 175,200 RTB 7.CONSTRUCTION PHASE I 363,600 363,600 RTB EP SITE 17 8.CONSTRUCTION EP SITE 13 810,000 810,000 RTB/MNDOT 9.CONSTRUCTION PHASE 1 252,000 252,000 RTB/MNDOT CHAN SITE 6 10. LEGAL 24,000 24,000 RTB TOTAL COSTS $717,600 $474,000 $538,800 $810,000 $252,000 $2,792,400 1) SMTC SHARE $717,600 $474,000 $538,800 $430,000 $126,000 $2,286,400 • 1) Includes contingency (20%) • EDEN PRAIRIE SITE 17 CONTINGENCIES/ESTIMATED COSTS PURCHASE CONTINGENT ON: 1 . Seller providing shared access easement; 1 2. Buyers financing approval; ' 3. Soils adequacy. Buyer to commission three borings ($1,500). Sharing of cost; 1 4. Negative environmental audit. Buyer to commission ($2,000). Sharing of cost; 1 5. City approvals. Buyer to process ($12,000): ' • a. Subdivision b. SPR c. Drainage plan. If a drainage study is required, sharing of cost. 6. Watershed District approval. Buyer to process ($1,250); 1 7. Survey and plat (if needed) to be provided by seller; 8. Satisfactory resolution of surface drainage. Seller to acquire drainage easement from Deli Express. Sharing of cost to pipe Mini Storage and park and ride lot runoff based on benefit. 1 9. Satisfactory resolution of traffic. Study to be commissioned by buyer ($3,000). Sharing of cost. A pp rovals Cost $16,500 1 I I 1 I CHANHASSEN SITE 6 CONTINGENCIES/ESTIMATED COSTS PURCHASE CONTINGENT ON: 1 . Buyers financing approval; 2. Soils s adequacy. Bu er to commission three borings ($1,500). Sharing Y g ( ) g of cost; 3. Negative environmental audit. Buyer to commission ($2,000). Sharing ' of cost; 4. City approvals. Buyer to process ($9,000): a. Subdivision b. SPR • C Ordinance Amendment d. Drainage plan. If a drainage study is required, sharing of cost. 1 5. Watershed District approval. Buyer to process ($1,250); 1 6. Survey and plat (if needed) to be provided by seller; 7. Satisfactory resolution of surface drainage. Approvals Cost $12,000 I I 1 1 i 1 I I,- 4; IMO •I AN�SOUTHWEST December 20, 1990 7600 Executive Drive Eden Praise, MN 55344 (612)934-7928 TQ Southwest Metro Transit Commission FROM: Diane Harberts, Administrator SUBJECT: Phase 2 of Park and Ride Lot Project: Land Acquisition In September 1990, the Southwest Metro Transit Commission adopted a park and ride lot study report which provided strategies to improve and expand park and ride lots in Eden Prairie, Chanhassen,and Chaska. During November and December 1990, this park and ride lot study report was adopted by each of the three city councils which support the need to provide safe, convenient access to express transit service through park and ride lots. The park and ride lot study report provides an inventory of potential sities that may be available and considered for purchase/development into park and ride lots. At the November 1, 1990 meeting, the Commission authorized the Administrator to conduct appraisals on two sites determined to be favorable sites for park and ride lots. SMTC received three bids from the four agencies invited to bid. The bids ranged from $400- 2000 per site. The appraisal project was awarded to Steve Gergen of Chase Brackett. Gergen's bid was $400 per appraisal of up to three sites. Two sites have been appraised: Location., Appraised Value 1. Site 6: Chanhassen Dell Road & Hwy 5 $1.90 sq ft or $340,000 SW corner 4.1 acres or 178,600 sq ft 2. Site 17: Eden Prairie County Rd 4/Terrey Pine Drive $2.07 sq ft or $450,000 apprx. 5 acres or 217,800 sq ft (The appraisals will be available for review at the December 20th meeting.) The Joint Powers Agreement will be amended by each city to enable the Commission to enter into purchase agreements for land for park and ride lots subject to the approval of the city council in which the parcel of land is located. The earnest money is not to exceed $5,000. SMTC's Capital Improvements Program provides the mechanism to identify and allocate funds for the purchase of the above sites. RECOMMENDATION: That the Southwest Metro Transit Commission authorize the Administrator to negoiate and enter into a purchase agreement for purchase of Site 6 in Chanhassen and Site 17 in Eden Prairie with assistance from Hoisington Group and Roger Pauly, subject to conditions and availability of funds. /9 I I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 19, 1990 I Mr. David Koubsky 1311 Lake Susan Hills Drive Chanhassen, MN 55317 Dear Dave: It is my pleasure to inform you that on Decembers 18th the City Council appointed you to the Park and Recreation Commission. Your 1 term of office will extend through December 31, 1993. Todd Hoffman, Park and •Recreation Coordinator, will be contacting you soon to provide you with an informational packet for your ' reference. I look forward to working with you in the coming years and hope that you find your work with the Park and Recreation Commission rewarding. Welcome aboard! Sincerely, Donald J. `C 'siel Mayor DJC:KE:ms I I I I CITY TF 1011111 I 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I December 19, 1990 I Mr. Larry Schroers 1020 Carver Beach Road Chanhassen, MN 55317 Dear Larry: It is my pleasure to inform you that on December 18th the City Council reappointed you to the Park and Recreation Commission. Your term of office will extend through December 31, 1993. I look forward to working with you in the coining years and hope that you find your work with the Park and Recreation Commission rewarding. Sincerely, Donald J. Chmiel Mayor DJC:KE:ms I I I I I CITY OF 11110101r CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 21, 1990 Mr: James E. Sloss 9360 Kiowa Trail Chanhassen, MN 55317 Dear Mr. Sloss: Thank you for taking the time to apply for a position on the Chanhassen Park and Recreation Commission. Unfortunately, the City Council did not act to appoint you on December 18, 1990. Please be aware that your background would have proved beneficial to the commission; however, circumstances did not allow your appointment at this time. Again, thank you for your interest in serving on the Park and Recreation Commission. I will keep your application on file for any future openings. Sincerely, Todd Hoffman Park and Recreation Coordinator TH:k 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 a Knetsch Gregory D. Lewis Dennis J. Unger December 14, 1990 - U.S. Bankruptcy Court 600 Towle Building 330 Second Avenue South Minneapolis, Minnesota 55401 RE: Debtor: John Dorek, 7365 Howard Lane, #324, Eden Prairie, MN 55346 (SSAN: 469-01-3621) Bky. Case No. 4-90-05658-RJK Dear Sir/Madam: Enclosed herewith for filing please find Housing and Redevelopment Authority in and for the City of Chanhassen's proof of claim in the above matter. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY: James R. Walston JRW:srn Enclosure cc: Todd Gerhardt RECEIVED DEC 17 1990 CITY OF CHANHASSEN Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 UNITED STATES BANKRUPTCY COURT - DISTRICT OF :MINNESOTA PROOF OF CLA;m* In re- Case enter mere(s) of No. 8KY4-40- CACR-R.TK" Iebtor(s): JOHN TIOR .K *!, Debtor(s) EASE PRINT CLEARLY OR TYPE ALL KTRIES IN THIS PROOF OF CLAIM 1. This proof of claim is made for the claimant named below and is signed by the undersigned individual (enter name and telephone number including area code of person • signing claim) Neme James R. Walston, #170525 Phone ( 612) 456-9539 who jj duly authorized to make this claim and states that icheck appropriate box): ' • The Undersigned is the Claimant. x The Undersigned is the Agent or Attorney for the Claimant. - _) The Undersigned Is the Debtor or the Attorney for the Debtor: _) The Claimant is a Partnership: Undersigned is a Partner thereof. ) The Claimant is a Corporation: Undersigned is an authorized Officer thereof. 2. T• he correct name and address of the claimant is (please print or type): Full Name Housing and Redevelopment Authority Of Claimant in and for the City of Chanhassen ' - Street Address 690 Coulter Drive City State Zip Chanhassen, Minnesota 55317 3. The debtor was, at the time of the filing of the petition in this TOTAL AMOUNT case, and still is, indebted or liable to the claimant, excluding all ,---CLAIMED•--, postpetition interest or other charges if any and including applicable S, . 15608 421 • prepetition interest or other charges if any, in the sum of • - • - - 4. This claim is based upon (check appropriate box - attach appropriate papers): x) Note, contract or other writing: true and complete copies are attached. _) An open account : a complete itemized statement is attached. ) Other consideration or ground of liability as follows (explain): S. All payments on this claim have been credited and deducted for the purpose of making this proof of claim, no ludcment has been rendered on this claim, this claim is not subject to any setoff or counterclaim, and this claim is not contingent or unl iquideted, except None . . 6. No priority is asserted for this claim pursuant to 11 U.S.C. i 507(a), except (e.g., *wages, taxes or consumer purchase deposits) None , which is the factual basis or the statutory provision for such claimed priority. 7. No security interest in property of the debtor or the estate is held for this claim, except real estate mortgage . If a security Uterest in property is claimed, true and complete copies of the security interest documents, a complete description of the property if not stated to such documents, and evidence of perfection, are attached. 8. This claim is filed as j, unsecured nonpriority claim unless stated otherwise (check appropriate x ) UNSECURED NONPRIORITY CLAIM S 156,184.21 box and insert the _) PRIORITY CLAIM (complete t 6 above) $ appropriate amount): _) SECURED CLAIM (comple* 7 above) $ Dated: / Z (T s 70 - / • Sig • • / •' . .t 0•∎iikx .. .xtc, Attorney, actxxx ex xe5 Penalty for presenting fraudulen claim: F e of not more than 55,000 or imprison- ment for not more than 5 years or •- . tie 18, United States Code, i 152. *For weees claim, obtain **Enter name of debtor and case number exactly the same wage claim form from the as court notice. Mail claim to clerk at address stated bankruptcy court clerk. in notice. Papers attached m ust be letter-size (8ix11). 110288 • U.8. BANKRUPTCY COURT - MINNESOTA U.S. BANKRUPTCY COURT, 600 TOWLE BLDG, 330 2ND AVE 8i* MINNEAPOLIS, MN 55401 In Re a Petition for Relief under Chapter 11 of Title 11, U.S. Code, filed by or against the below-named Debtor(s) on October 5, 1990: DEBTOR : JOHN DOREK of 7365 HOWARD LANE, NO. 324, EDEN PRAIRIE, MN 55346, BSAN:469-01-3621 I CASE NO. 4-90-05658-RJR K»K»K»K»«»K))<t»tt»K»K»K»t t»K»tt»tt))K»<t»K»K»tt»tt»K»K»K»K»K»t<»tt»K»K»K»K»K»K»tt»K))<t))«»«))«>: K)) K» Creditors: File your claims JJOW. K» «» Late claims are generally not «» K» paid. The last day to timely K» K» file claims is described below. K»K»tt»t<»<t»<t»t<»«»<t»«»K»«»<t»«»K»K»«»K»«»<t»K»K»K»tt»K>fK»K»t<»«»t<»«»K»K»t<»K»K»«»«»<t»«>: NOTICE TO CREDITORS ATTY FOR DEBTOR: RANDALL L. SEAVER, 3250 W. 66TH STR. , STE 360, EDINA, MN 55435 PHONE:612-927-8615 TRUSTEE: NONE. UNITED STATES TRUSTEE ATTY: ANDREW J. SCHMID • 331 2ND AVE. S. , STE. 540, MPLS. , MN 55401 ITEM NO. 1 - §341(a) MEETING DATE: December 19, 1990 at 03:00 P.M. in U.S. TRUSTEE'S OFFICE, 530 MIDLAND SQUARE BLDG, 331 2ND AVE S, MINNEAPOLIS, MN 55401 ITEM NO. 2 - FILING DEADLINE FOR §523 (c) COMPLAINTS: February 19, 1991 ITEM NO. 3 - LAST DAY TO TIMELY FILE CLAIMS: SEE PARAGRAPH 3 BELOW. K»(0)tt»«))(< )it»«»tt»«»«)>t<»<t»<t»t<»<<))tt»tt«))(HO(t»«))t<»(t))K»<t»K»tt»«»OA*«»K»<t»«»K»«))t(»K»«»«»t<) NOTICE IS HEREBY GIVEN THAT: . 1. STAY-STATUS-PLAN: Upon the filing of the petition, certain acts and proceedings against property, the debtor(s) and the estate(s) are stayed. See 11 U.S.C. §362 (a) . The debtor(s) is the debtor in possession and has certain rights, powers and duties of a trustee. See 11 U.S.C. §1107. The debtor(s) may file a plan. See 11 U.S.C. §1121. 2. CREDITORS MEETING: The meeting of creditors pursuant to 11 U.S.C. §341 (a) will be held at the time and place specified in ITEM NO. 1 above. The United States Trustee will preside. The debtor(s) shall appear with the attorney for the debtor(s1 and be examined. A corporation shall appear by its president or other executive officer, a partnership by a general partner. Attendance by creditors at the meeting is welcome but not required. 3. PROOFS OF CLAIM: To vote on a plan or receive distribution under a plan, a creditor must file a proof of claim except as provided in 11 U.S.C. tr 11111. Subject to Local Rule 124, .,.date:,a...plan is confirmed or the 90th, '1l y i day-after-the.. date-set above-for"trie"meeting 'of: creditors°,'whichever occurs ' laer,..has -been-fixed•as .the'-last' "day-to-timely •file• a' roof-of iclaim. A proof of claim form is provided on the reverse side of this notice. 4. EXEMPTIONS: If the debtor(s) is an individual, and unless extended, any objections to claims of property claimed as exempt must be filed within 30 days after the conclusion of the meeting of creditors or the date any exemption schedule or amendment thereto is filed, whichever is later. 5. DISCHARGE: If the debtor(s) is an individual, the date specified in ITEM NO. 2 above is the last day to file a complaint to determine the dischargeability of a debt under 11 U.S.C. §523 (c) , and the first date set for the hearing on the confirmation of a plan is the last day to file a complaint objecting to discharge under 11 U.S.C. §1141(d) (3) (C) . If no complaint is filed to determine the dischargeability of a debt, the debt may be discharged. If no complaint objecting to discharge is filed, the debtor(s) may be discharged. 6. PROOFS OF INTEREST: Subject •to further notice a proof of interest may not be filed by a shareholder or other equity security holder of the debtor if the debtor is a corporation or limited partnership. 7. SCHEDULES: A Schedules 3 pages: B Schedules 3 pages. ****** copies 50 cents per page ******* Dated: November 23, 1990 Patrick G. De Wane, Clerk Of Bankruptcy Court • • RECEIVED NOV 2 9 1990 r r PROMISSORY NOTE Dated this /pfi day of MA'/ , 1985 $200,000.00 ' FOR VALUE RECEIVED, the undersigned promise to pay to the Order of The Housing and Redevelopment Authority in and for rthe City of Chanhassen at P.O. Box 147, 690 Coulter Drive, Chanhassen, Minnesota 55317 , or at such other place as may be designated by the holder hereof, the principal sum of $200,000.00 or so much thereof as may hereafter be advanced with interest on the unpaid balance at the rate of 3% per annum until paid in lawful money of the United States of America in the following manner: ' Equal annual payments of $13 , 150.00 of principal and in- terest, with all payments first being made on interest and the balance of such payments to be applied against principal . Such annual payments shall commence one year from the date hereof and continue for 20 years until May 1 , 2005, when the entire unpaid principal , together with all accrued interest shall be due and payable in full. If any default is made in the payment of any of these installments of principal and interest, the holder of this note may elect to declare the unpaid balance of this note, including interest thereon ' immediately due and payable without notice. The undersigned has the option to prepay all or any part of this loan at any time or from time to time. Each maker, endorser, guarantor and surety hereof hereby rwaives payment, presentment for payment, notice of payment, protest ' and notice of protest and notice of default hereon and agrees to pay in the event of a default hereunder the cost of collection in- 11 cluding a reasonable attorney' s fee. r r 11 ' This note is secured by a real estate mortgage of even date executed by the undersigned. r 0(gi Jo H. Dorek I William N. Baden 6jdc—J63-et- Richard Berry 1 I 1 1 -2- 1 T V. 1-V. alil►cr•Uavi. Cu., �linnc•apulis .41'Ingots.Deed Form No. •t2-Nt Minnc•..to Uniform, Cunvcyanrinµ Blank. (Rrci+rd 197(4 Indlvldualto Corporarattinn Tfjl� Inbenture, Made this.._._. 1 a.714 day of NAY . 19..85..., between. William M. Haden and Geraldine D. Baden,• his wife and John H. Dorek, Aingle Iand Richard„Berry and ZThme+ c. Berry, his wife I of the County of....... and State of.._..•.1�i7t l .$Gtr , .11ort*a¢or..s, and.. Housing and Redevelopment.Authority in and for ght'„Gigy.o. chanhas.se.a municippal M n so Mortgagee..., Ia corporation. under the laws of the State of . I ri c C+; l? . W.itneg%letfj, That the said m.ortgagor..s, in consideration of the sum of..73.1.4..l4114 r a d Thousand and not100 0.2001000.00) noLiaRS, 1 to...... help in hand paid by the said Mortgagee, the receipt whereof is hereby acknowledged, do ea hereby Grant, Bargain., Sell, and Convey unto the said .•llortga,. e, its IIvoessors and assigns, Forever, all the tract.... or parcel.... of land lying and being in the County of...c a.k.Yer I and State of Minnesota, described as follows, to-wit: see. a atAtei tcxkf'bi+ A 1. . I • I &tempi- PyDrn Ai 0 rigayeRei ii54itetranTra a d m Record,' Fee s tro Man ant to Molt, tfje nine, Together with the hcrcclitamcnts and appurtennnc.s thereto belonging to the s'id mortgagee, its successors and assigns, forever. And the said mortgagor s ,for f;.h.t:.111S.t:.1.Ye.S.,....tho. .K I heirs, achnini,trators, executors and assigns, do covenant with the said mortgagee, its successors and assigns, as follows: • That they' are lawfully seized of suidtremisu grLe1 have good right. to sell and convey the same; that the same are free from all lncumbrances, whatsoever.' .�`— that the mortgagee, its successors and assigns, shall quietly enjoy and possess the same; and that the mortgagor $ will 1Carrant and Defend the title to the same against all lawful claims not hereinbefore apecifically excepted. their robitct 3cbcrtfjcicgg, That if the said mortgagor it.,.,.t.ort •The candt'andt'no/100'tra or amigos I . • • .. ......--11 C M , l t C, i V O v I i � � OS' ~� '' i T• :L ~ IS) • �tC .1 Z... k I� • 1 k l.�l� i v ; t o Co.) 0 0 . t' to a< et 1 l�/ a o O In east' of failure to pay said IMPS and amesstnents, prior liens or ineumbrnnres, exlx'nst'a and atlnrney's fees as alx►ve.'slx'eified, , or to insure said buildings and deliver the ls)lieies as nforeanid,the nnrtgngt't',its suemessors or assigns,may pay such tags,asneasnwntn, prior liens, expenses nod attorney's fee's and interest thereon, or elTert much htsurnnre, and the stunts so paid shall tear interest at the highest rate ls'rmiIted by law from the date of such payment,Whnll be in►pn'nsed as not additional Tien ulna►tutid premises and In immetli- 1 ately due and pttvable from the mortgagor..$...,....the ir...heirs or assigns,to amid mortgagee,its sueresc'tr•s or**signs,and this mortgage shall from date thereof secure the repayment of such advent-ex with interest. In the event any prior or superior' mortgage or lien is in default, then the mortgagee shall have the right to accelerate and declare this Mortgage immediately due and payable without notice. • Upon request to mortgagee, the mortgagee shall subordinate this Mortgage to any II mortgage given by the mortgagor to an independent financial lending institution if ' the mortgage is used exclusively to secure financing for improvements to the premises. If the property herein described should be sold or otherwise transferred, at voluntary or judicial sale or otherwise, or if any part thereof should be so transferred, mortgagee reserves the right, at its option, to declare the entire indebtedness secured hereby due and payable without notice. II1n case of default in any of the foregoing rovt'nnnts, the mnrtgagotb rnnfer.._....upon the mortgagee the option of declaring the unpaid hnlnnrr of said principal note nntl the interest necrued thereon, tog.•ther with all sumo advanced hem ler, immediately dun and payable without metier, end hereby authorise nod empower said mortgagee, its sttect'aw►ra and assigns;lit fonelose this mortgage II by Jo.lieial proret'dings or to sell said premise.at puldie nuution and rtowey the WIMP In the pnrehaser in fee simple In word/met.with the statute,and out of the Moneys arising from owls .ale to n rain all sums seeun'd herelty, with interest and nil legal roots and,ei►nrgta of such foreclosure and the maximum attorney's ft't'ls'rmitled by law, whit+rusts,charges mud fees the mortgagor herein agree to pay. hilt Ttgtiinonp �iff)ereof, 77,,. xr,il/ .Ilurl,r,;ur.S.. have hereunto xrl......-.....t.hei.r hand.A. the duty and year/lr.rl above written. . I . .1"`. W ...1,1 Z04.14 _ (Joiln.M. Dorek ill am N. Baden ! . . . trzev. r I Rich. &Berry t Mate of IT innc ota, «,. L. Berry • County of...g..e.»iht.P1 TII.r fure'ui;i.; i„xtr„u►a9tt wax ac'k,ruu'ledied before me by William M. Baden and Geraldine D. Baden, his wife and John H.Dorek, singl and Richard Berry and Z'jj,e4L. Berry, his hits/4/111X. dart of ..... May ......., l:/... , 8. wife. NUTAHIALSTAMP UK SEAL(OK OTHER TIlLS UK HANK) Ca, SUSAN M. REYNOLDS by ».�.»».»............».»..... •WASTE.OF PENSUN ••NOWEEDGEU tIOTAIY PUt1IC i MINNESOTA l wt SCOTT COUNTY 4 MY COMMISSION assume Joh.23,1991 (CIuNA1'uaI UP PEMNt1N TAN '13 At:ENUWP,aDostINT) e t r »w THIS INSTRUMENT WAS DRAFTED BY —1 (TITLE UN MANE) Grannis, Campbell , Farrell & Knutson • ».» ». 403 No rwe s t Bank Bldg. fN'TSl So. St. Paul, MN 55'075_ t�dd,.„l J \ •t tIt t ,•. —...r, ► t. •• •- f f v • t11 �: tr j ,, t i 1 Fr i y b D # � '•vC i :, w► ) ► /u.• i t I 1 EXHIBIT "A" - Lot Two (2), Block One (1), Chanhassen Mall according to the plat thereof now on file and of record in the Recorder's Office in and for said County and State, EXCEPT the Westerly 110.00 feet thereof, and EXCEPT the following described parcel: Commencing at a point on the South line of said Lot 2 a distance of 110.00 feet Easterly of the Southwest corner of said Lot 2; thence continue on said South line a distance of 147.00 feet m8re or less to the most Southeasterly corner of s6id Lot 2; thence North 0 03' 20" East a distance of 71.94 feet; thenee' South 89 56' 40" West to a line parallel with and 110.00 feet East of the West line of said Lot 2; thence southerly along said last described line to the point of beginning. ' Together with and subject to all of the terms, conditions and provisions contained in that certain Declaration of Covenants, Conditions, Restrictions and Easements II ` _ and Party Wall Agreement recorded as Document No. • •I' Y 1( in the office of the County Recorder, Carver County, Minnesota on the 13t{- day of May, 1985. i 1 . 1 r EXHIBIT "A" • I 1 J" "�o i ce os' 'of cab4e' "' `"airldtaii-1-' 711. big rate hike Some welcome rate control; others would rather pass ,:� .;'i��l��,, By ANN MERRILL the rules. Some are seeking more power, �r�bn4on C1b11 ati 1B lx' Norttl Ctmt TV' 16 OS lip. Quarrels are erupting over proposed and of Many want ea stay clear of any con- Ctbt1 TV North Ctntrd, ' •�' 141% ;ip , Q p g p posed fed- trol. Many are hearing from Twin Cities ,, ritrCtDitriiion ;> �' i`"° 11,05 '" '' �L�cr � era{ regulations that would give some cable subscribers who have seen rate hikes Contmtnhl CrbltrltioA a�,' �'` Y r.c' 10.95 `� Twin Cities suburbs the power to regulate ranging from 5 percent to 18 percent since 141 V4to Ctbtt f..a +, ;l35- L:.z1L c-t�`^Q-' cable television rates. October. 9tbrCibitrision 4' '� 1.11'1'. Local cable operators,all seven of which "The general perception is that rates are ror br:c new have announced or enacted rate increases going too high too Fast,"said Greg Moore, ' ,ne+Pne eveenq on rib I `a';, "r",''', in the past four months,fear that new Fed- executive director of the Northwest Cable ewenanr a ear nrna end Communication Commission (FCC) Commission,which represents nine north- . • • rules will lead to even more regulation and west Twin Cities suburbs."If you talk to a 5 smaller profits. lot of people,you'll ll get different impres- Local government leaders are split over (continued on page l3) r — — - ii CABE said ber of the Minnetonka City Council. "I sions,"he said."We may save citizens 10 j� Local operators have been exempt from certainly would welcome some return of cents spending the cents end, t could end up (continued from page 1) city price controls because there is compe- titin here: More than three traditional ability of a community to regulate rates." git."g money lions.Cable operators are either the devil broadcast channels exist in the Twin Cities Cities had control over rates until the 1984 Rosland,city manager in Edina,said he or a shining example of the free enterprise market. The new rules would give cities federal Cable Act eliminated it. . hopes that commissioners will not just rub- system." ,pricing power, but would provide cable Anderson said she understands that ca- ber-stamp Paragon's rate requests if they The new FCC rules,designed to reduce companies with three exemptions relating ble companies have had to face Increased . come under city control. price gouging by some operators, were to competition and control of the market. operating costs,but she doubts they are fi- "We should either have solid control or proposed in December and are expected to Locally, the rules would probably grant nancially strapped. none. I don't want to Mickey Mouse be adopted later this year.All of the cable control over rates to Bloomington,Edina, "It's very definitely a profitable busi- around,"he said,noting that lawsuits may TV systems in the Twin Cities are now free Minnetonka, Eden Prairie, Hopkins and ness,"said Adrian Herbst,an attorney at arise if the city rejects increase requests. of price controls. But at least two of the Richfield,because the cable systems there Moss&Barnett in Minneapolis who pro- Unlike the Southwest Suburban Cable seven would be affected by the new rules if have more than 50 percent market pease- vides legal counsel for many cable commis- Commission,its counterpart in the north- they are enacted as proposed:Paragon Ca- tration. sions. The new FCC regulations, Herbst ern Twin Cities will probably not get con- ble of Minneapolis and Nortel Cable TV of The impact of the new regulations still is said,would have the strongest impact on trol over rates under proposed rules.Cable Fridley. unknown,said Debra Cottone,vice presi- rural communities, but may be the first companies there,led by King Video Cable Local cable TV operators claim that the .dent for programming and public affairs at step in increased control throughout the of Brooklyn Park,do not have more than regulations would hamper quality at • Paragon Cable, which has 110,000 sub- industry.Broadcasters and telephoncom- 50 percent market penetration. Yet the time when they are already struggling with . scribers in Minneapolis,Edina,Minneton- panics are expected to continue their pros- Northwest Cable Commission would like rising programming and technology costs. ka,Eden Prairie,Hopkins and Richfield. sure on Congress for more regulation on eventually to have the power to approve "We're caught in the middle,"said Mark Paragon's most basic level of service in- cable companies during the new session. rates,said Commissioner Ray Stockman. Hammerstrom, general manager at ' eludes 14 channels and,following a$64.95 Anderson said she is"not aware of rate "Cable is a form of utility,with the com- Nortel, which serves about 33,000 sub- installation fee,is available free.Thus,if abuses here,but 1 hear horror stories inn pany using ��mge formula t of y," he which scribers in Bloomington, Fridley and St. • FCC rules ultimately apply only to this other parts of the country,"especially Louis Park.Nortel recently raised its basic level of service, as Cottone expects, they remote rural areas,where annual increases we could work that would be fair to both Bloomington rates from $16.50 to $19 nt of have little impact. for$4.95 per month,with an of The percent nh ouagreement that cable sides. The new monthly rates for Twin Cities Bikemington and Fridley—a 15 Pe hike. installation charge of$29.95.The number companies sign with cities generally call on standard cable services are: Roseville- "If rates are regulated,we can't pass on of subscribers in both groups is under operators to return 5 percent of gross reve- based Cable TV North Central,$20.45,up programming increases to consumers. 5,000,Cottone said.• nues to the city.The ties between cities and from $17.80; St. Paul-based Continental We're going to have to drop services or not Paragon's recently announced rate hikes cable companies can be confusing to the Cablevision,$20.45,up from$18.50;King improve programming to the consumer. will bump the price of its standard package public, Anderson said. "There still are a Video Cable, $18.53, up from $16.95; That's the saddest thing,"j-lammerstrom — which includes such stations as MTV good number of people who associate ea- Nortel,$19,up from$16.50;Paragon Ca- said. and CNN — from $18.20 to $21.50 per ble with government, and the city gets ble,$21.50,up from$18.20;Rosemount- He said programmingcost have gone up month.That worries some people."We've phone calls and concerns,"she said. based Star Cablevision, $19.95, up from 25 percent this year and will go up that had a very good relationship with Para- Anderson's associate on the commission, $18.95 and $17.95; and Waseca-based much again in 1991.In addition,Nortel in gon.However,I am concerned about the Ken Rosland,disputes the need for govern- Tries Cablevision, $19.99, up from the past four years has spent about$8 mil- size of the recent Increase," said Karen ment involvement."My gut reaction is that $17.95. The earliest rate increase took lion on new equipment, "rebuilding all Anderson, chairperson of the Southwest we're better out of it. I personally would place in October 1990;the newest will goo three systems from the ground up," he Suburban Cable Commissinand amem- rather let the marketplace make those deci- into effect Feb.1. CITY O ac, (-cm- '"s CHANHASSEN <� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 , MEMORANDUM TO: Engineering Staff ' FROM: Charles Folch, Assistant City Engineer DATE: January 3, 1991 SUBJ: Departmental Staff Meetings In an effort to improve communication within the department and to try and cover all of the bases while we are in the absence of a City Engineer, I am initiating a weekly departmental staff ' meeting to include Jerry Boucher and Jerry Schlenk of the Public Works Department . My intent is to establish a standard time each week for these meetings which would allow staff to schedule other commitments around. I would like these meetings to be somewhat informal, very open and interactive. I have reserved the Atrium Conference Room for Wednesday, January 9 , at -8: 30 a.m. for the first meeting . During this meeting one of the topics we can all discuss is if there would be a better day and time that on a regular basis, would be compatible with everyone ' s schedule. I intend to prepare a rough agenda outline; therefore, if you know of any topics you would like to discuss, let me know by Monday afternoon . However, meeting discussion will not solely be limited to agenda items . ' Please let me- know if you have a conflict with this meeting schedule . I am looking forward to hearing your ideas and input at this meeting and hope to improve communication on the issues of our day-to-day departmental functions . lap c: Jerry Boucher, Utility Superintendent Jerry Schlenk, Street Superintendent Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager 1 I • cc Igc K - ��- Southwest Corridor Transportation Coalition General Membership Meeting November 14, 1990 MTS Corporation Page 1 Attendance: Darrel Sudheimer, Marcy Wa Don Patton, Roger Gutafson, Al ' Klingelhutz, Tracy Swanson, Russ Meyer, Evan Gree , Craig Robinson, Mike Spielmann, Dave Schmidt, George Butzow, Jane Shannard, Jary Warren, Clark Horn, Bob Lindall, Gene Ranieri, Dick Feerick, Don Jasperson. The meeting began at 7:40 a.m. with a call to order by Bob Lindall. The agenda was approved. ' 1. Fund Raising. Mr. Ranieri indicated that fund raising letters have been sent to propective contributors and follow-up calls are being arranged. In addition, the cities and counties have received the requests from the coalition. It was reported that most requests will be supported but in some cities (Victoria)the requests were received too late for budget consideration. Mr. Feerick suggested that visits be made to the Chambers of Commerce in cities located along the corridor. 2. Federal Grant: Design Highway 212. Mr. Lindall noted that letters of a reciation 9 9 Y PP l have been sent to Representatives Frenzel, Sabo, Obestar and other members of the Minnesota delegation. A letter was also sent to Senator Sasser. Mr. Green reported that MnDOT staff has met to discuss the use of the federal grant. The grant will be used for design and mapping. Mr. Green stated that the department is developing an amount for the 1991 fedearl request. The data should be available by February 1991. In response to a question, Mr. Green thought that $2.0 million might be a reasonable estimate for the ' next segment. The descussion continued with the concern being raised about the lack of funds once construction begins. Mr. Green concluded the discussion by stating that the Highway 212 project is still on schedule. The first project is scheduled for January 1993. 3. Environmental Impact Statement of 212. Mr. Robinson stated that the public hearing on the EIS will be held in June 1991. All responses except that of the Minnesota Historical Society (MHS) have been received. The Environmental Protection Agency has asked for and MnDOT, through contract, is doing an inventory of waste sites. The inventory should be completed by December 1990. While the EIS is progressing well, MnDOT is concerned about the MHS draft response. Mr. Robinson cautioned that while the MHS draft response letter notes several historical and archeological sites, MnDOT hopes to resolve, through additional documentation the MHS issues. Mr. Robinson noted that MnDOT has a process for review and resolution with MHS and the state historical preservation officer. I I Several members wanted to know the specific concerns of MHS and asked how they and the coaltion can be involved in the process. MnDOT staff suggested that the coaltion should not directly, at this time, be involved with the MHS but should permit the process to work. ' To provide additional information regarding the issue, MnDOT will, at the next meeting (January 9, 1991), have its historical preservation staff review the EIS and the 1 MHS issues. Based on the discussion, several members were concerned about the project scheudle. Mr. Robinson is concerned about the scheduled completion (June 1991) but thinks the project will be on schedule. 1 4. Status of Highway 5 Projects. The Heritage Drive to Carver County border project has started and should be completed by the Fall of 1991. The low bidder is Shafer Construction Company and it has acquired the necessary permits for excavation. The Carver County border to Park Drive project is scheduled for letting in March ' 1991. To date, permits for right of way entry have been obtained from all but three property owners. Mr. Waren, Chanhassen City Engineer, anticipates receiving the remaining three permits but is concerned aoubt meeting the February 1991 schedule. The remaining parcels are Sinclair Oil, Chanhassen Holding Company and Merrit Heating. The joint powers agreement is in process. Chanhassen will be the lead agency. ' The agreement will be similar to the Eden Prairie agreement. The items to be included in the scope of work are beign finalized among the parties. The cities will be responsible for funding the agreement while the coalition will have a secondary role. Due to time the Eastern Carver County Transportation Report was not presented and will be discussed at a later meeting. ' Ms. Shanard announced that all members are invited to the Frenzel Gala which will be held on November 30, 1990. The gala will be held at the Radisson South. ' Mr. Ranieri stated that the DTED study 9 has begun and is scheduled for a first draft in February 1991. DTED staff will be meeting with local and MnDOT officials to gather data. The meeting adjourned at 9:15 a.m. Submitted for Jerome Carlson by Gene Ranieri. 1 1 I 1 NOV 6 ' 90 15: 12 PAGE . 002 • 11 Southwest Corridor Transportation Coalition Annual Meeting ' April 11, 1990 • MTS Corporation Page 1 Attendance: Richard Feerick, Robert Lindell, Jerome Carlson, Darrel Sudheimer, Tracy Swanson, Robert Johnson, Patricia I. Pidcock, Clark Horn, George Butzow, Don Jasperson, Evan Green, Bill Crawford, Mike Spielmann, Dave Warzala, Alf Wikstrom, Augie Mueller, Ron Erickson, Rick Palmer, Todd Gerhardt:, Paul Krauss, ' Eugene Dietz, Walter Carpenter, Bud Andrus, Frank Ziegler, Kristi Hansen, Sue Pihlstrgm, Sen. Earl Renneke, Roger Gustafson, Marc} Waritz, Jane Shanard, Tom Workman ' The meeting was called to order at 7:40 a.m. by Chairman Feerick. Pidcock moved and Mueller seconded the motion to approve the October 11, 1989 minutes. Motion passed. Lindell moved and Pidcock seconded a motion to approve the agenda FP g as revised. - Motion passed. • ' Butzow reported that the audit committee composed of himself, Jasperson and Pidcock had reviewed the legal documents, minutes and financial information of the Coalition and everything was found to be in good order. Pidcock moved and Johnson seconded a motion to approve the report of the audit committee. Motion ' passed. Treasurer Sudheimer reported $911 in checking and $33,607 in savings accounts. Swanson moved and Pidcock seconded a motion to approve the Treasurer's report. Motion. passed. Horn, Jasperson, Johnson, Lindell and Pidcock were nominated to II the Board for two year terms. Butzow moved and Pidcock seconded a motion that nominations cease. Motion passed. Carlson moved and Pidcock seconded a motion that a unanimous ballot be cast. Motion passed. Butzow, Carlson, Feerick, Sudheimer, Swanson will ' each serve the second year of a two year term. Swanson moved and Johnson seconded a motion that the Board of ' Directors be expanded to up to 15 people to include more representation from such cities as Marshall, Granite Falls and Montevideo. The Board will make these additional appointments. ' Motion passed. Pihistrom, representing Frenzel, reported that the demonstration funding request for $12 million for Hwy. 212 has been distributed ' to key committees and their members and that Vin Weber and Martin Sabo have shown a lot of interest in the project. The budget has not been marked up yet and a decision will probably not be forthcoming until October. Lindell asked that coalition members I NOV 6 ' 90 15: 13 PAGE . 003 • Southwest Corridor Transportation Coalition II • Annual Meeting April 11, 1990 Page 2 ask their state legislators to send letters to Frenzel in support U and that formal requests for such letters will be sent this week. Members are encouraged to send letters. Arlington and Granite Falls have or will pass resolutions in support of the budget Other cities will be asked to send support letters as Iitem. well. Hansen asked that requests for letters include Frenzelts address as 1026 Longworth Building, Washington, DC 20515 so their offices do not get phone calls requesting the address. ICrawford, speaking for MNDOT, indicated that $20 million may be cut from MVET transfer funds by the legislature which represents a decrease from 35% transfer to 27%. Highway construction would II then be reduced by $6 million. He indicated that there should be no concern over funding cuts affecting Hwys. 212 and 5 unless the legislature changes some laws. However, the legislature, he I indicated, is committed to seeing projects completed on schedule. Sen. Renncke indicated that the Minnesota Senate has cut some funding. Pihlstrom indicated that state cuts in funding would not Iimpact the Coalition°s demonstration funding request. Crawford and Spielmann (also of MNDOT) explained: Hwy. 5 - $16.9 million has been spent for upgrading which II continues. Hwy. 5 to CSAH 4 should be completed this summer. From CSAH 4 to county line construction will be delayed one month due to condemnation of 10 parcels. Work on frontage road must be II done. Letting is expected in July with completion set for fall 1991. County line to 17 is scheduled for Nov. 1990 letting which will probably not be met as 22 parcels are under condemnation I procedure. Work should start April 1991 and be completed in July 1992. County 17 to Hwy. 41 is not scheduled but earliest construction will be 1996. According to Feerick design funding for this section is expected to cost $220,000 of which $100,000 IIis requested of MNDOT by the Coalition. Construction contract agreements on Hwy. 5 will contain clauses I requiring that Hwy. 5 will not have any reduced traffic capacity during the U.S. Open in June 1991. Barton-Aschman is working on a traffic plan for the open which may include one way travel on I Hwy. 41 (one way in a.m. and reversed in p.m.) It was suggested that Barton-Aschman. speak to the Coalition at a future date. The draft EIS on 212 is complete and will be circulated in May I and June. A hearing is scheduled for 7 p.m. June 6 at the Chanhassen Elementary School with an open house planned for 5 p.m. to explain the project. The final EIS is expected in Dec. I 1990. Construction is scheduled to begin in 1993 with $56 million programmed. II NOV 6 ' 90 1 5: 13 PAGE-. 004 II ' I/ • I Southwest Corridor Transportation .Coalition Annual Meeting IIApril 11, 1990 Page 3 I Gustafson urged the Coalition to develop a consensus on the EIS Iand then actively support that position. Feerick indicated that Governor Perpich has indicated he would II come to the Coalition's reception either the last week in May or the first week in June. The event will be held at MTS. Shanard said that the first edition of the newsletter is being held to announce the date of the Perpich reception. Publication is expected to be three or four times per year. indicated that, subject to board review in May, plastic IJohnson decals for car and home windows will be sold to generate interest and funds for 212 as well as Hwy. 5. Tremendous suppport and interest is being evidenced in western Minnesota. I Workman indicated that the decals and newsletter are valuable and inexpensive tools for the Coalition. He reminded the members I that focus and commitment still needs to be made on Hw. 5 to assure timely completion. Feerick said he expects a commitment from Hennepin County for II $10,000 soon. Contributions from individuals for. $25 will be solicited as will additional corporate contributions. He listed II the following as having contributed since last fall: U.S. Business Forms, Woodlake Sanitary Service, Inc. , Bud Andrus, FMG, Cities of Chaska, Chanhassen and Eden Prairie, carver County, Chaska Investment Co.,Aeration Industries international, I ' Rosemount, The Instant Web Companies, Brian Burdick/Hour Glass Cleaners, State Bank of Young ,America and the Chanhassen Bank. Horn reminded the members that with two transportation advocates, IIFrenzel and State Sen. Bob Schmitz, leaving office, the Coalition will need to find replacement contacts and support. IThe meeting was adjourned at 8:38 a.m. IIRespectfully submitted, • i _ .J0111, CA-'-g-4-4-4--. (,/rane Shanard for Jerome Carlson I e$ES04. A •I iii t /ti // , 10 "-..1 Minnesota Department of Transportation D o Transportation Building, St. Paul, MN 55155 MINNESOTA TF1Pa�Q December 20, 1990 612-296-3245 IS.P. 1002 (5=121) 903 County of Carver Parcel 205 I State vs. B. C. Burdick NOTICE OF AWARD II In the above entitled eminent domain proceeding the Commissioners appointed by the District Court in the above named County filed their report with the Clerk of Court on December 12, 1990, wherein they made a monetary award as full payment for the acquisition of Parcel 205 for Itrunk highway purposes as follows: See Page 2. The award of the Court-appointed Commissioners may be appealed to the I District Court by the State or any party having an interest in the subject property, if the award or its conditions are considered to be unsatisfactory. 1 If an appeal is taken, it must be filed with the Clerk of District Court of the above named county and a copy thereof mailed to the Office of the Attorney General, 515 Transportation Building, St. Paul, MN 55155, I within forty (40) days from December 12, 1990. The Notice of Appeal must conform with all the requirements as set forth in Minnesota Statutes, Sec. 117. 145 (Laws 1983) . 1 Attention is called to the fact that this is merely a notice of the award of the Court-appointed Commissioners, and in no way shall it be considered I as an offer nor a acceptance by the State relative to said award. The appeal period expires as of January 21, 1991. If no appeal is taken by either the State or any of the other parties of I interest, the State of Minnesota, Department of Transportation, will within approximately six (6) weeks after the expiration of the 40-day appeal period deliver a check payable in the amount of the award of the ICourt-appointed Commissioners to the following: William F. Kelly, Attorney. The check must be endorsed on its back by all parties named on the face Iof the check. R. J. Dinneen, Director IIOffice of Right of Way and Surveys NOTE: If you have executed an "Agreement to amount of award and waiver II of appeal therefrom", or have otherwise agreed to the amount of this award, the above provisions with regard to appeal and the appeal period do not apply. I . An Equal Opportunity Employer • I 2 ;" As to the lands described in the Petition herein as Parcel 205, S.P. 1002 (5=121) 903: 1 B. C. Burdick ] I Brigitte Burdick ] ' ] The Bank Excelsior, National ) ] rp e I Association, successor in ) ] $3 �� 7J interest to Minnetonka ] / State Bank ) ] ICounty of Carver ] City of Chanhassen ] 1 1 The above award is made on the basis and condition that pursuant to Minn. Stat. § 117 . 042, the date of valuation and passage of title and right of possession to the petitioner is August 23, 1990 . IThe award is based on the condition that real estate taxes due and payable in 1990 or in prior years and all unpaid 1 special assessments and future installments thereof and pending assessments are the responsibility of the owners or lessees herein. IIn addition, as a separate award, we, the undersigned commissioners, pursuant to Minn. Stat. § 117. 085, allow to the owner, B. C. Burdick, reasonable appraisal fees in the amount of I $500 . 00 . The foregoing award assumes that the above-referenced I property is free of all pollutants, contaminants and hazardous wastes. , This commission has not assessed any damages for the presence of pollutants, contaminants and hazardous wastes on the subject property. This award is made with the express I understanding that the petitioner, State of Minnesota, has reserved all rights to recover damages, testing costs and clean- up costs attributable to the existence of pollutants, I contaminants or hazardous wastes on the property from the respondent in a separate legal action. The commission has not considered the impact of pollutants, contaminants and hazardous I wastes on the fair market value of the subject property either before or after the taking in its assessments of damages. I 11 � CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. cc •�/ 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 January 8, 1991 Ms. Jean Meuwissen COPY CHANHASSEN CITY HALL 690 Coulter Drive, Box #147 Chanhassen, MN 55317 ' Re: Our File #12668/161A City of Chanhassen -vs- Estate of Martin J. Ward, et al ' Dear Jean: ' Enclosed herewith is an envelope addressed to the Carver County Court Administrator which contains an Amended Petition, _ Stipulation, a Stipulation of Dismissal and a letter to the Court Administrator. Please put the check you are holding, which is ' payable to the Estate of Martin J. Ward and Carver County, in the amount of $108,867. 00 in the enclosed envelope, along with the other documents, and have it delivered to the Carver County Court ' Administrator. If you have any questions, please feel free to call me. Very truly yours, CAMPBELL, KNUTSON, SCOTT ' & FUCHS, P.A. By: /5/ Gary G. Fuchs GGF:clk Enclosures c: Mr. Don Ashworth Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I CAMPBELL, KNUTSON, SCOTT & FUCHS .PA,..: M�t Attorneys at Lawk_..b. drr .�t.N; 0 5 1.991 Thomas J. Campbell r' Roger N. Knutson Thomas M. Scott Cli r w "cir'(25 X56-9539 Gary G. Fuchs Fax(612)456-9542 ' James R. Walston Elliott B. Knetsch January 8, 1991 Gregory D. Lewis Dennis J. Unger ' Ms. Joyce A. VanEyll (1)Court Administrator � Fir CARVER COUNTY COURTHOUSE ' 600 East Fourth Street Chaska, MN 55318 Re: Our File #12668/161A; Case No. 89-25170A ' City of Chanhassen -vs- Estate of Martin J. Ward, et al Dear Ms. VanEyll: The above-entitled condemnation matter was heard by the court appointed commissioners in September, 1990. The commissioner's • award was issued on October 23, 1990. Both Petitioner and the ' landowners appealed to the District Court. Prior to the commissioner's hearing, the parties stipulated to amend the Petition to make minor changes to the legal description of the ' property taken. The parties have negotiated a settlement of the appeal. ' Enclosed herewith for filing with your office are the following original documents: 1. AMENDED PETITION; 2 . STIPULATION (to amend Petition) with attached Exhibit A; and 3 . STIPULATION FOR DISMISSAL. Please also find enclosed a check of the Petitioner in the ' amount of $108, 867. 00 payable to Carver County and the Estate of Martin J. Ward. Please deposit the funds in an interest bearing account for the benefit of the landowner. I request that your ' office verify that the real estate taxes and special assessments on the subject property have been paid prior to disbursing funds to the landowner. 1 I Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 r Ms. Joyce A. VanEyll ' January 8, 1991 Page 2 ' Your continued courtesies and cooperation in these matters is appreciated. If you have any questions about this, please feel free to call me. ' Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 1 By: �.5/y Gar G. Fuchs GGF:clk Enclosures (4) c: Mr. Don Ashworth 11 Mr. James Larkin 1 Footprints IN MEMORY OF One night I had a dream. . . 1 dreamed I was walking along the beach with the Lord �uGENE A. COULTER 1 from my f Eaez Grand FAbkk 22, 1913 Across the sky flashed scenes life. Akrute'sota For each scene•I noticed two secs of footprints in the DIED: December 12, 1990 I Cambridge, At nne'sota One•belonged to me and the other to the Lord, AT THE AGE of When the last scene-of.my life flashed before me, 73 FUNERAL 8 ER )Days I looked back at the footprints in the sand, FUNERAL SERVICE I noticed that many times along the path of my life, liars ob Chn,i,C.tian 8u/cat there was only one sec of footprints. Hubent's Cathotic Church I also noticed that it happened at the very lowest Chanhaaden, n .Sposota I and saddest times in my life. Father:. Roman Spons Sister Leanne Nava This really bothered me and I questioned the Lord INURNMENT about it. 1ikttionat ,Ceml�ietrermey• "Lord, you said that once I decided to follow.you, Font SnQ,tGing sota ' You woad walk with me all the way, But I noticed that during the most troublesome times tam SURVIVED E BY e: Ctahice E. Coutt¢n ' in my life" Da,ughter:4 6 Son A taw: There is only one set of footprints. Coutten 6 Richand Totbent I don't understand why in times when 1needed you Charlene Coutten most, you should leave me." Sono Daughter's A taw: ' The Lord replied, "My precious, precious child, I love keden4 S Sandra Coutten lame's 6 Bun& Coutten. you and I would never, never leave you during your G+tandchi.Ldnen: Shannon Coulter Burke, times of trial and suffering. Heather, Racket S Matthew Coutten., IWhen you saw only one set of footprints Cason, Aaron S ali.aon n Har'sch It was then that I carried you." Sisters: Lorrain Leak's 6 Catherine Lenzen (Author Unknown) faeces 6 Nephew's • 1 The family would like to thank you for Y our • attendance at this service. EI . "S. .. _ . A hibci' ' = ' • eft 11 . FUNERAL HOMES _ 820 SECOND STREET/EXCELSIOR,MINNESOTA 88331 _ - - ' _ 7801 COMMERCE BOULEVARD/MOUND,MINNESOTA 56384 • °• .. at 1. mi _ C c SOUTHWEST CORRIDOR TRANSPORTATION COALITION, INC. 470 Pillsbury Center /617� Minneapolis, Minnesota 55402 .612-337-9300 • I January 4, 1990 Mr. Don Ashworth City Manager City• of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Honorable Don Chmiel Mayor City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: TH5 Right of Entry Permits File No. 88-18B, S.P. 1002-51 X,N CB Our File No. LN400-51 CITY ur Ln Gentlemen: Enclosed is a letter dated December 19 , 1990 from Gary Warren, City Engineer, to me. I confirmed with Fred Hoisington on January 3, 1991 that he has not yet received a Right of Entry Permit for Parcel No. 316 from Chanhassen Park Place Partners. I ' also was advised by Tom Workman on January 3 that the Chanhassen Planning Commission approved the proposed development of an inspection station to be located on property adjacent to and ' including Parcel No. 316 at its January 2, 1991 meeting, including as a condition of that approval that a Right of without ofEntry Permit for Parcel No. 316 be provided. As you know, Minnesota ' Department of Transportation has indicated that it must have Right of Entry Permits for all parcels affected by the proposal to widen TH5 between the Hennepin County border and Park Drive in Chanhassen, before February 1, 1991 if this widening project is ' to be substantially completed in the 1991 construction season. It is my understanding that this matter may be considered by the . Chanhassen City Council on its January 28 , 1991 meeting. If the ' Right of Entry Permit for Parcel No. 316 has not been provided by the time of the City Council's consideration of the development proposal, please request the City Council to impose the condition upon the final approval that the parties having an interest in the property grant a Right of Entry Permit to MnDot in order for I I I II the City's approval to be effective. If, by the time of City Council consideration of the development proposal, the Right of Entry Permit is in hand , please ignore this request. IIAs you - know, a Right of Entry Permit only grants MnDot the right to enter the property prior to final determination of the amount of compensation to be paid the grantor of the Right of Entry. I The Right of Entry Permit does not prejudice the owners ' right to obtain compensation for the taking. I am also enclosing a copy of the letter which I sent to I Ms. Laurie Langford, Legal Department, Sinclair Oil Corporation, with respect to Parcel 316B. To date I have not heard a response from Ms. Langford. By copy of this letter to Earl Howe, of MnDot II request that the City and MnDot consider excluding Parcel 316B from the initial contract for construction if a Right of Entry Permit is not obtained prior to February 1, 1991, with the provision that work related to Parcel 316B may be added later by I change order at such time as a Right of Entry Permit is obtained or an Easement is obtained by negotiation or condemnation. I believe this approach would not interfere with work on TH5 since, I according to my understanding, Parcel 316B is required only for work on Dakota Avenue. it would seem that work on Dakota Avenue could be staged to occur later in the project, at such time as the necessary easement could be obtained by condemnation, if 1 necessary. Fred also told me on January 3 that he had not yet received the II Right of Entry Permit from Don McCarville with respect to Parcel No. 208 . Anything which you are able to do to facilitate obtaining that Right of Entry Permit would be appreciated. IThank you for your cooperation. If you have any questions concerning this matter, please let me know. 1 Y r very tru , IRobert J. Li dall RJL: jmc Icc: City Council Members Chanhassen I Gary G. Warren Fred Hoisington Earl Howe 1 Mike Spielman, MnDot James Unruh, Barton-Aschman Clark Horn Jane Shanard ICoalition Board Members II II CITY OF , 71/4iirif, 4,,,:,. r:. CHANHASSEN ,... ,. .... . i. . __‘,„. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 December 19, 1990 -E - Holmes & Graven i Attn: Mr. Robert J. Lindall � / DEC SO 470 Pillsbury Center l Minneapolis, MN 55402 ItI _ _ g Re: Trunk Highway 5 Ri ht-of-Entry Permits ----- - File No. 88-18B, S.P. 1002-51 Dear Bob: Just a brief update to let you know that Fred Hoisington informed me today that recent discussions with Herb Mason indicate that the right-of-entry permit for Parcel No. 316 (Chanhassen Park Place Partners) should be received by the first week in January, 1991. Fred indicated that the partners apparently feel confident that they can execute the permit without Ms. Peggy Riley's signature _ and therefore it should be forthcoming. Similarly, _Fred has had discussions with Don McCarville (Parcel No. 208) wham I sent a recent letter requesting him to execute without compensation the entry permit. Mr. McCarville apparently indicated that he is agreeable at this time to sign the permit and this also should be forthcoming in the near future. I have asked Fred to keep abreast of these two parcels until they do indeed come in and notify you accordingly when received. That leaves us then with Parcel No. 316B (Sinclair) which you agreed to try to make contact with Ms. Lori Langford in Salt Lake City. It has been a pleasure working with you over this past year and I look forward to our paths crossing in the future. Have a happy holiday season! Sincerely, CITY OF CHANHASSEN A...4,, . - .,:j L,... a. :.... J Gary G. Warren, P.E. . City Engineer _ . GGW:ktm c: Fred Hoisington $70' . Earl Have, MnDCIT Don Ashworth, City Manager 4 CITY OF tie4 ` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ....... , low (612) 937-1900 • FAX (612) 937-5739 December 19, 1990 g-7— _ . Holmes &.Graven 1 B,,, Attn: Mr. Robert J. Lindall , DEC S} 470 Pillsbury Center t•;„, Minneapolis, MN 55402 ._____.___ Re: Trunk Highway 5 Right-of-Entry Permits _ ----- File No. 88-18B, S.P. 1002-51 Dear Bob: Just a brief update to let you know that Fred Hoisington informed me today that recent discussions with Herb Mason indicate that the right-of-entry permit for Parcel No. 316 (Chanhassen Park Place Partners) should be received by the first week in January, 1991. Fred indicated that the partners apparently feel confident that they can execute the permit without Ms. Peggy Riley's signature and therefore it should be forthcoming. Similarly, Fred has had discussions with Don McCarville (Parcel No. 208) wham I sent a recent letter requesting him to execute without compensation the entry permit. Mr. McCarville apparently indicated that he is agreeable at this time to sign the permit and this also should be forthcoming in the near future. I have asked Fred to keep abreast of these two parcels until they do indeed cane in and notify you accordingly when received. That leaves us then with Parcel No. 316E (Sinclair) which you agreed to try to make contact with Ms. Lori Langford in Salt Lake City. It has been a pleasure working with you over this past year and I look forward to our paths crossing in the future. Have a happy holiday season! Sincerely, CITY OF CHANHASSEN Al,_ - — J LL. C._ - -- -- l ,c''.It. J Gary G. Warren, P.E. City Engineer GGW:ktm c: Fred Hoisington f 3f,q1`v Earl Have, MnDOr Don Ashworth, City Manager driveway from the station to Lake Drive be constructed as part of the TH5 construction. This will improve truck access and circulation. The City of Chanhassen constructed that driveway in the fall of 1990 . 2 . If any such improvements need to be relocated , who will pay for such relocation costs? If any Sinclair improvements are taken, damaged or destroyed by the project, Sinclair is entitled to be compensated for the damages caused to its property, in an amount to be agreed or to be determined by condemnation. Signing the Temporary Permit to Construct will not prejudice those rights. 3 . What is the timetable of the proposed construction project? In our conversation of December 19 I advised you that MnDOT will advertise for bids for construction of the segment of road widening project lying between the Hennepin County border and Park Drive, in Chanhassen (which includes the subject property) , on or about March 22 , 1991, if MnDOT has received such temporary permits to construct with respect to all parcels affected by this project. Temporary construction permits have been received with respect to 13 of the 16 parcels, to date. Property owners who have already given consent or such permits include Amoco Oil Company and McDonald 's Restaurants. If the project is bid in March, it is anticipated that construction will be completed on Dakota Avenue south of TH5 before the end of the construction season in 1991. On the other hand, if all the permits are not obtained by February 1, 1991 it is anticipated that condemnation will begin in March, 1991 and quick take transfer of the required interests will be completed in July, 1991. Construction will begin in August, 1991, but Dakota Avenue south of TH5 will not be completed until late 1992. The Southwest Corridor Transportation Coalition is composed of representatives of Hennepin County, Carver County, the City of Eden Prairie, the City of Chanhassen, the City of Chaska and other affected units of government, corporations and individuals. Our objective is to widen Trunk Highway 5 and build a new O.S. Highway 212. We believe a widened Highway 5 will improve patronage at your Sinclair station because it will promote increased traffic and increased population in the Chanhassen area. We presume these are reasons why Sinclair should perceive granting of the temporary construction permit to be in its own interest because it will enable these improved conditions for itself to begin a year early. If Mr. Unruh can be helpful in answering questions, his telephone number is 612-332-0421. It is our understanding that MnDOT will be making offers to purchase before the end of 1990. Appraisals have been or are about to be finalized and we hope offers made to affected property owners before the end of December. However, as I told you on the phone, it is intended that the temporary construction permit will not prevent Sinclair from negotiating or litigating for further compensation. I would be happy to provide you with any additional information you may request. Please call me or write me if you have any furt er questions or comments. Thank you for your cooperation. y - very tr , O ' p v . ,Robert J. ind - 11 ii' RJL/lmb Enclosures cc: Don Ashworth, Chanhassen Gary Warren, Chanhassen Earl Howe, MnDOT Coalition Board Members James Unruh, Barton-Aschman Mike Spielman, MnDOT • 0 T F CHANHASSEN CITY 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612)937-1900• FAX (612)937-5739 --a January 7, 1991 Mr. Rudy Comchoc President Gateway Foods 1637 James Street LaCrosse, WI 54602 Dear Mr. Comchoc: The City of Chanhassen and the Market Square Developer appreciate the chance to work with you, Ed Heisler, Gary McCullough and Kent Dixon on the proposed grocery store for Market Square in Chanhassen. The community and all of us are excited about the possibility of a Festival discount food store as an anchor tenant for the center. A discount type store appears to be the best format for our trade area, which includes communities lying south of Lake Minnetonka served by Highways 5, 101 and 41 and County Roads 17 and 117. The cities include western Eden Prairie, Chanhassen, Excelsior, Tonka Bay, Shoreview, Minnetrista, St. Bonifacius, Victoria, Laketown Township and Chaska. As you are aware, the area is currently served by three Super Valu conventional stores, a Cub Food and a Rainbow Food. The Cub and Rainbow are located 5 miles from downtown Chanhassen and 4-15 miles from the trade area which the proposed discount operation in Chanhassen would serve. Our own surveys (talking to constituepts and residents of the Trade Area) indicate there is a shortage of discount store square footage serving the Trade Area. The Cub and Rainbow stores are both inconveniently located because of distance and the road system and they are too busy, causing delays once a consumer is in the store. Most of our market is made up of young families with incomes of greater than $50,000 and high house payments. They need to conserve dollars and, therefore, will shop a discount store if possible. The following information may be of interest to you: 1. During the last 5 years the Trade Area in and near Chanhassen has grown at a rate greater than 10%. Mr. Rudy Comchoc January 7, 1991 Page 2 2. Employment has been growing at a significant rate sihce 1980. Chanhassen employment has increased nearly 300% to the current 5, 800 jobs. Chaska and Eden Prairie have experienced similar growth. 3. Super Valu has approved a 25, 000 square foot facility for this site, but has no discount format in the metro area for its franchisees, other than Cub. 4 . Target, K-Mart, Fleet Farm and Holiday Plus are all actively pursuing sites in Chanhassen to serve the area south and west of Lake Minnetonka. 5. Chanhassen has the largest amount of land available zoned retail with a good highway system west of 1-494. The area includes western Minnetonka and Eden Prairie, assuring a well developed retail center in the future. 6. Much of the business for a proposed Rainbow at Highways 7 and 101 can be served by a Festival in Chanhassen. 7. The City and the developer are willing to financially assist your retailer during the first two years of operation. 8. The MGM Liquor Store and the Hardware Hank (both future tenants in Market Square) have enjoyed annual sales growth of between 10% and 15% on a large basis without the benefit of a grocery store located in the community. 9. The City is currently completing a Comprehensive Plan Amendment adding an additional 900 acres of residential and 540 acres of industrial land to its sewer service area, assuring continued development. 10. According to NSP, the Eden Prairie-Chanhassen Service Area has continued to grow at a 15% rate or better during the last 20 years, through a fluctuating economy. 11. The center of 90,000 square feet is 85% leased. 12. Fifty percent of the development's outlots have been reserved. 13. Financing is available through Bank One once the grocery store anchor is in place. Construction can start in 60 days. 14. Your retailer has expressed a high degree of interest in coming to Chanhassen. • Mr. Rudy Comchoc January 7, 1991 Page 3 15. Super Valu has an estimated 60% share of the market and Gateway has 15%. 16. No major retail vacancy exists in downtown Chanhassen. 17. There is no other discount grocery store along the Highway 5 commuter corridor west of Chanhassen through the communities of Waconia, Norwood, Young America, Arlington and Glencoe. We feel the timing is right for a discount grocery operation and we are willing to meet with you and members of the Screening Committee to discuss the project in detail. Sincerely, - / onald.3. Chmiel Don Ashworth Br.d J•hnson Mayor City Manager Pa er • CITY COUNCIL ATTENDANCE RECORD J J F F M M A A M M M J J J J J A A S S O O N N D A A E E A A P P A A A U U U U U U U E E C C O 0 E N N B B R R R R Y Y Y N N N L L G G P P I T V V C 8 22 12 26 12 26 9 23 14 15 30 4 11 25 9 23 13 27 10 24 8 22 5 19 10 DON CHMIEL X X X X X X X X X X X X X X X X © X X X X X , X X X BILL BOYT X X X X X A X X A A A X X A A X A A - - - - - - - JAY JOHNSON X X X X X X X X X X X X X X X X © X X X X X X X X URSULA DIMLER X X X X X X X X X X X X A A X X © X X X X X .X X X TOM WORKMAN X X X X X X X X X X X X X X X X I I I X X X X A X X X RICHARD WING (took office on he 19th of N. vem3er to replac: Bill Boyt) X X ■ 1986 PLANNING COMMISSION ATTENDANCE RECORD J J F F F M M A A M M J J J J A A S S O O N N D A A E E E A A P P A A U U U U U U E E C C O O E N N B B B R R R R Y Y N N L L G G P P T T ' V V C 8 22 12 19 26 12 26 9 23 14 28 11 25 9 23 13 20 10 24 8 22 5 19 10 B. R y a n A X X X A A X X X A X L. Conrad X X X X X X X A X X X X X X X X X X X X X X X X 95% M. Thompson X X X X X X X A X X X X X H. Noziska X X X X X X X X X A X X A X X A A X X A A A X X 70% R. Siegel X X X X X X X A X X X X X A X X X X A X X X X X 87% S. Emmings X X X X X X X X X X X X X X X A X X X X X X X X 95% T. Erhart A X X X X X A X X X A X X X X X X X X X A A 79% J. Wildernuth X X X X X A X 85% D. Headla X X X X X A 83% PARKS AND RECREATION ATTENDANCE RECORD J F M M A A M M J J A S O N D A E A A P P A A U U U E C O E N B R R R R Y Y N L G P T V C 9 13 13 27 10 24 8 21 26 v 21 25 23 27 11 n 0= A LL O • W Jim Mady X X X X X X X X X _, X X X X X 100 % Curt Robinson X X X X X X X X A c_) X X X X A 86 % Janet Lash X X X A X X X X X < X X X X X 3 % Lar: y Schroers A X X X X , X A X X z X X A X A . 71 .% Dawne Erhart X X * X X X X X X A w X X A X X , 86 ,% Wendy Pemrick X X X X X X Aw°J X X X X X 921% James Andrews X X X X X X X w X X A X X 92 % Ed Hasek X Sue Boyt X