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Admin Section ADMINISTRATIVE SECTION Letter from George Hoff dated July 20 , 1989. Memo from Kathy Sundquist dated July 19, 1989. Memo from Jo Ann Olsen dated August 7, 1989. Letter to Conrad Fiskness dated July 28 , 1989 . Memo from Jim Chaffee dated August 3 , 1989. Letter from Jim Mady dated August 3, 1989 . Letter to Rudy Boschwitz dated August 7, 1989. Memo from Fred Hoisington dated August 1, 1989 . Letter to Elliott Knetsch dated July 21, 1989 . Letter to Gary Ehret dated August 7, 1989. Letter to Jerry Brill dated August 7, 1989. Letter from Pat Farrell dated August 7 , 1989. Letter from Roger Pauly dated August 3 , 1989. Letter from Senate Renneke dated July 21, 1989 . Letter from the Minnesota Safety Council dated July, 1989. Memo from Deb Rand dated July 17, 1989 . Letter to Marlow Peterson dated July 24, 1989. Letter to Gil Kreidberg dated July 24, 1989 . Letter to Nicholas Gassman dated July 24 , 1989 . Letter to Mr. & Mrs . Jeff May dated July 24 and August 2, 1989 . Letter to Mr. & Mrs . Michael Clark dated July 24 , 1989 . Memo from Fred Hoisington dated July 24, 1989 . Public Safety Department Meeting Minutes dated July 21, 1989 . Thank you from the Family of Jack Ernst. Letter from Scott Dummer dated July 27, 1989. Letter from Fran J. Hile dated July 26 , 1989 . • Memo from Gary Warren dated July 28, 1989. Memo from Todd Wichman, BRW dated August 7 , 1989 . Letter to David Peterjohn dated July 27, 1989 and attachments . Memo to Don Ashworth dated July 27, 1989. Memo from Fred Hoisington dated July 21, 1989 . Memo from Fred Hoisington dated July 20, 1989. Letter to Mark VanHoef dated August 2 , 1989. Letter from BRW dated July 26 , 1989. Finance Department Staff Meeting Minutes dated August 1, 1989. Memo from Scott Harr dated August 1, 1989. Memo from Scott Harr dated August 1, 1989. Letter from Metropolitan Council dated July 24, 1989 . Memo from Lori Sietsema dated August 2, 1989 . Letter to Daryl Kirk dated August 2, 1989 . Letter to Robert Sommer dated July 27 , 1989 . Letter from Patrick Farrell dated August 1, 1989 . Memo from Jim Chaffee dated August 3, 1989 . Public Safety Monthly Statistics dated August 7 , 1989 . Letter from Roger Knutson dated July 27 , 1989. Letter from Roger Knutson dated August 3 , 1989 . Future Engineering Items dated August 1, 1989 . Administrative Staff Meeting Minutes dated August 1, 1989 . HRA Accounts Payable. Letter to Steve Colvin dated August 4, 1989 . Letter to Joe Molina dated August 4, 1989 . Public Safety Department Meeting Minutes dated August 4, 1989 . Letter from Marlow Peterson dated August 8, 1989. I LAW OFFICES IHOFF & ALLEN 300 PRAIRIE CENTER DRIVE I SUITE 260 GEORGE C. HOFF• EDEN PRAIRIE, MINNESOTA 55344.5389 RED WING OFFICE TED A. ALLEN MN WATS 1-600-247-3002 120 BROAD STREET DAVID M. ANDERSON FAX NUMBER[612)941-79813 RED WING. MN 55066 PATRICIA E. KUDERER (61 23 941-9220 (612)398-3867 JORUN GROE MEIERDING I PETER J. SCHEUER 'also admitted in Wisconsin July 20, 1989 I I Mr. John B. Dean HOLMES & GRAVEN 470 Pillsbury Center Minneapolis, MN 55402 IMr. Don Ashworth City Manager I City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 IDear John and Don: Thank you for the letter noting that the City has decided to I reappoint Roger Knutson as its City Attorney. I just wanted to write and thank you for the courtesies shown me during the interview process in Chanhassen. With my moving into town at the I end of August, I hope that I will have the chance to see you both again soon. Sincerel I _ I -ore C. ff , HOFF& ALLEN IGCH:wmp I I I . : _., . I JU.. 21 1989 CITy OF.CHANN�f.QI I MEMORANDUM TO: Jim Chaffee, Public Safety Director ' FROM: Kathy Sundquist, Public Safety Secretary DATE: July 19, 1989 SUBJ : Resignation This is to advise you of my resignation. My last day of employment will be on August 4, 1989 . It has been wonderful working for all of the Public Safety employees and I will miss everyone . C: Scott Harr, Assistant Public Safety Director ' DIRECTORS QOP9ti1i1ENT: Kathy has decided that staying home with her family is of primary importance. As a family man myself I can see her point and I wholeheartedly support her decision. In addition, Kathy's husband has interviewed for a new position in Fargo and a decision to move there may have to be made in the near future. As per our discussion, an ad has been placed to fill Kathy's position as soon as possible. 1 1 I I I SECRETARY/RECEPTIONIST The City of Chanhassen 's Public Safety Department has an immed- iate opening for a support staff person. Responsibilities include ' the full scope of secretarial duties in word processing, typing/ transcription, mail, phone, main- taining confidential files, and a variety of administrative tasks as needed. To qualify you must have a minimum of three years secretarial experience, word processing, type 60 WPM, excel- lent phone manners, and enjoy ' dealing with heavy public contact. Salary - $18,000. Send resume to: City of Chanhassen, Attn: ' Carol, 690 Coulter Drive Chanhassen, MN 55317, by August 11, 1989 . I i 1 I .r II 11 1 CITY OF 1 1 CHANHASSEN \ - �= 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Senior Planner DATE: August 7, 1989 ' SUBJ: Review of the HSZ Site On April 25 , 1988, the City Council approved the site plan for ' the HSZ site. The site plan was approved with the following conditions : 1. All bituminous areas shall be lined with concrete curb. 2 . The building permit for the retail center will not be issued ' until the city has approved the vacation of 64th Street, including submission of financial sureties and execution of the development contract to insure that 64th Street will be realigned to intersect TH 41 in another location. 1 3 . Compliance with all conditions of the subdivision request #85-7. ' The City Council then approved the review of the final site plan on July 25 , 1988 , and recommended approval with the following conditions : 1. Submission of a revised landscaping plan prior to issuance of a building permit. 2. Submission of detailed plans on the light standards and wall lights on the rear of the building. 1 3 . Compliance with recommendations of the Engineering Department. ' The Council and residents have been concerned with the progress of the HSZ retail center. The SuperAmerica Store has been completed and is open. The residents are worried that the HSZ site will never be constructed and that just the SuperAmerica Store will exist on the site without the berming and other features promised to screen activity from the residences. •!f I . 1 (- k . � ., CHANHASSEN CITY COUNCIL ` - I REGULAR MEETING jr- JULY 25, 1988 Mayor Hamilton called the meetin to order. Pledge to the Flag. g The meeting was opened with the 1 COUNCILMEMBERS PRESENT: Councilman Boyt, Councilman Horn, Councilman and Councilman Johnson man Gevg ISTAFF PRESENT: Roger Knutson, Gary Warren, Barbara Dacy, Jo Ann Olsen, Todd Gerhardt, Lori Sietsema, Larry Brown and Jim Chaffee 1 APPROVAL OF AGENDA: Councilman Johnson moved, Councilman Geving seconded approve the agenda as amended with the following additions and change ; to II Councilman Boyt wanted to change item 11 to the first item under New Business and add an item under Council Presentations, the Minnetonka Weed. Councilman Horn wanted to add under Council Presentations discussion on referendums and Mayor Hamilton wanted to move item 9 onto the Consent Agenda as item (w) . All I voted in favor of the agenda as amended and the motion carried. II CONSENT AGENDA: Councilman Horn moved, Councilman Geving seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: III 1 a. Resolution #88-77: Set Public Hearing Date, Industrial Development Revenue Bond Application, Lyman Lumber. Ib. Curry Farms 2nd Addition: 2. Approve RLS for Tracts A, B and C Ic. Approval of Development Contract for Buresh Addition. d. Approval of Development Contract for Ersbo Addition. e. Approval of Development Contract for Audubon West. II ,- r,,..,.„lisZ Development: 1. Approval of Development Contract II 2. Approval of Final Plat 3. Review Final Site Plan g. Ordinance Amendment to Allow State Licensed Day Care Centers as an :accessory II - Use in the IOP District, Final Reading. h. Replat of Lot 6, Sun Ridge Addition into 2 Lots, Rod Grams. I!__ j. Mary Schumacher, 2841 North Manor Road: 1. Preliminary Plat Approval II 2. Final Plat Approval II 1 6; a l II .. ' Mr. Roger Zahn August 4 , 1988 Page 2 ' 2 . The applicant shall provide the City with a temporary construction easement from the Minnesota Department of Transportation for the parcel located at the southeast corner ' of the property. 3 . The grading, drainage and erosion control plan shall be ' revised to include Type II erosion control (or equivalent) . The City' s standard detail for installation shall be included on the plans. 4. Three sets of revised plans shall be submitted to the City Engineer for approval prior to the commencement of any grading. ' The City Council also approved the development contact for this site. Please provide the estimates for Section 6 of the develop- ment contract to Gary Warren. ' Two sets of the final plat mylars will need to be submitted the Mayor and City Manager signatures . The plats will not be ' signed until the development contract has been executed, the letter of credit filed and any fees associated with the develop- ment contract have been paid. Further, the necessary street, drainage and trail easements will also need to be submitted prior to plat signature. The city will retain one set of mylars for its records and will return the other set to you for recording at the Carver County Recorder' s Office. 1 As to the conditions regarding the final site plan review, please submit the revised landscaping plan and the detailed lighting ' plans as soon as possible. The building permit will not be issued until these plans have been reviewed and approved oy city staff. Further, as to the Engineering requirements , the plans and specifications will need to be submitted as well as revised ' grading, drainage and erosion control plans . V= w tru • , ours, 1 , , IF : .bara Dacy ' City Planner BD:v r IF_____-___i_______F / i'. -)/, --''''''-',.;.,,,,,:t:kew-Azt---- / 4/r N I �\ / / 1/ ,\i ; ; kti 1!III _ 1 / / //// ,)1ji1i i , p�- - / '' '1 / / � r ,�/�ttil i, ,� - 1 / ///fi% � /1111 ` t /� ---�■` / / (Ion 1 / 1 / b , 1 `\ 1 J I I j�I '/'? I `\\ _ i 'I\ \ \\ 1 i I 1 111 \Il►il I mo\ \\ ••, 1` —_ _ gq$` ..■ ,, \\ \ \ \ \\\ \\\ `;\ %, ,... \ \�- ��- /"\ s \ \\ \ \ \ \J ..:--,-:-.--.. • • /went \ \ \ \‘\ \\ ,\\ ‘.. if ,\■\, t (--- : , ---. \ 1 / / \N`, \\ \ \ \ \ r `\ — %� - - � '♦-- \ __'� .I '■ --.. - \\�\ \ \\ ` B. A /� - .. \ �l \ \ M� — 1 \ . c -- \\ \ t 1 ' •Q _ _ \ ....... ,... \ „„9,t. \ r\-- -'4•11 . OW I I i ■ r 1 " \\ tit N iVHL4 ' ifrfk I I 1 , NN! \\ 1 •� \ / / / ,1 1 1 \, _-- ��iB,'wNM1169iiu1CNNNN,►q�., \\\\\ ' y "\ ' —i�// •ti Ill I 1 , I \ itt is I illi 9130 . ,%7Inm ,\________\__ 1. ‘ \\\\411:•\\\\\ - ' •%_, /// 0/ .9�g I I I i ! iii !G / \ \\\ \ \\N".4",--.5,, ' '44Wif. r"."""'wz< ■1.- -- 1 %.1 64th c.B.�N �► � , / ,,,.■ I E g , . •N;N-',,-;--,-- • ......_ of - (.71eAol LI c71 0 ' "k■ ��>. C.B G- .., ,,.. *, , N , „„„„re,„, ,.., ,,, , . 1 , . 07. 4) .10 4 ,,e. , ,,, ,.,..... _...........,...„......... . ... . . ,rne.,0--,4 I ' CITY OF CHANHASSEN DEVELOPMENT CONTRACT ' (Developer Installed Improvements) SEVEN FORTY-ONE CROSSING SPECIAL PROVISIONS ' AGREEMENT dated r 2C) , 19Elli by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City" ) , and HSZ DEVELOPMENT, LTD. , a Minnesota corporation (the "Developer" ) . 1. Request for Plat Approval. The Developer has asked ' the City to approve a plat for SEVEN FORTY-ONE CROSSING (referred to in this Contract as the "plat" ) . The land is legally described on the attached Exhibit "A" . 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. ' 3 . Development Plans. The plat shall be developed v accordance with the following plans . The plans shall not in ' attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval , after entering the Contract, but before commencement of any work in the plat. ' If the plans vary from the written terms of this Contract, the written terms shall control . The plans are: Plan A--Plat dated "Received July 13 , 1988" , prepared by ' Peters , Price & Samson Land Surveyors, Ltd. Plan B--Grading, Drainage, and Erosion Control Plan dated ' November 10 , 1988 , prepared by Barrientos & Associates , Inc . ' . Plan C--Plans and Specifications for Improvements dated November 10 , 1988 , prepared by Barrientos & Associates , Inc. 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System on 64th Street B. Water System on 64th Street C. 64th Street including Cul-de-sac D. Concrete Curb and Gutter E. Street Sign F. Street Light e G. Site Grading H. Setting of Lot and Block Monuments I. Surveying and Staking ' r10/13/88 SP-1 • II ' HSZ Development , Ltd. Attn : Roger Zahn , President 123 North Third Street ' Suite 808 Minneapolis , MN 55401 Telephone: ( 612 ) 339-2722 f1 '//- ' Notices to the City shall be in writing and shall be either hand- delivered to the City Manager , or mailed to the City by I registered mail in care of the City Manager at the following address: Chanhassen City Hall 690 Coulter Drive P. O. Box 147 Chanhassen , Minnesota 55317 ' Telephone: (612 ) 937-1900 8. Other Special Conditions. IA.watershed Distri ct permit .The Developer shall obtain and comply with the B. Hay bales shall be placed and staked around all storm sewer inlets. ' C. Wood fiber blanket or equivalent shall be used to stabilize all disturbed slopes greater than 3 :1 . D. The applicant shall obtain and comply witn all ' conditions of the permits from the Minnesota Department of Transportation. I E. Calculations verifying adequate pressure con- ditions for the sprinkler system of the proposed retail building shall be submitted for approval by the City Engineer prior to the issuance of a building permit . ' F. The proposed sanitary sewer and watermain systems internal to the site shall be constructed and maintained ' as private utilities . The City will not be responsible for any maintenance of the utilities ( with the exception of public storm sewer drainage facilities ) internal to the site. G. An acceptable traffic sign and pavement .parking plan shall be submitted to the City Engineer prior to the issuance of a building permit . H. Plans and specifications which address the spe- cific alignment , installation , and erosion control for the pro- posed posed storm sewer system must be submitted and approved by the City Engineer prior to the issuance of a building permit . I . The applicant shall submit a revised erosion II f control plan subject to the approval of the City Engineer prior to the issuance of a building permit . ICIT i CH A HASS EN BY: ,///i �: �1/� I . ho ,as L. Hamilton , Mayor (SEAL) rr � � BY: xo.r Don Ashworth, City Manager �'U'. 0' DEVELOPER: - HSZ DEVELOPMENT, LTD. 'Z'414144.141, BY: IIIt ' ?rpS, N� STATE OF MINNESOTA ) IICOUNTY OF CARVER ) ss .) l The foregoing instrument was acknowledged before me this 20-i-h day of Cc- er , 1988 , by Thomas L. Hamilton , Mayor , and by Don Ashworth, City Manager , of the City of Chanhassen, a Minnesota municipal corporation , on behalf of the I corporation and pursuant to the autnority granted by its City Council. ��t_-}`tip _ 1 - P1 L_t L.LII. 1 1-0.4.L. No:lary Public ISTATE OF MINNESOTA ) xa mA,A,A4AAAA�� a,A,A�aAamk.A4A44AC•4x s s . KIM T M �,...._td COUNTY OF CARVER ) = NOTARY PO t1iili ES -.+ ,„ OTA Y My Commission Expires f:dy 29, 1092 The foregoing instrument .vas::alakTresalted,g vv ,AN this jay of , 19 ES by �C.,Pr Lc�,(1r1 1 the _ - le-c cip() of HSZ Development ,,4td. , a Minnesota corporation , on its behalf . z , t. aot'ar -Tublic II XAAAAAAAAAAAAAAAAAAAAp4&A a44.4AA44k( DRAFTED BY: :, w17.:_ KIM T t:IEUwisS y r ° •: ., Grannis , Grannis , Farrell :' ; NOTARY PUELIC• U:1INt,ESOTA t. •`-'P'' CARVER COUNTY & Knutson , P.A. .\!! My Commission Expires May 29, 1992 s I 403 Norwest Bank Building x e„ x 161 North Concord Exchange 4,i, South St. Paul , MN 55075 I ( 612 ) 455-1661 : 76—I `L: 1 4 -. al.'s' EXHIBIT "A" 1 1 1 =5rn _, H ZZrn ". 0 erne east nne o/me west m y - J, • NO•Il'I2 C 11384 a/Ld H - I `85.45- 1 =C C I 3c000 • — -- - -C 'P 5005 <rnn I ' I ' RI r I „ l i ; I (./.) 7.`AM %: I ; ■ I I h. i SS gro I ' Zi a.Sow l r • 8 p o n uti W o ro, C :-I m W Et I I _9. , �r �1 u . o' N ICI ,, R''):::.i>.:...1 -1_, _ , '' i- ii' t• f �pc0H0 per Ooc•NO I -,j r / • �O IC,a , ■ i fir d . a� I,.,__ -'" 'x4'04 .� 1 tit d ') '24/2 - tr _,C/EI a. „45 /'I / r ti\Ld.'� NP/)72 E as Iv,tD<' -'a1 C .q p� • i'," (?4'' run' at O fOO.ap a;: �' 1 W -4%. I Y 1 u�� _I of ' �/ �ti I C�1 w2� �4 '. `ti • V V O a N `) -t. ■l q '''.f-t'.; . , n�• 2 a o II . . m �� mSS I I' .po ' 4] i' ems._ I I ' -Si� I O` alIC 0.2.,75'^ ---- r'I- C A' 7 /9T 36 (CYO ^i/� _ f SI•"05;‘,,i ICM09at-1 5/•!P J7 w Cw -" _ -_ r t oeac/ 36686 �� ; 50.1909 w • 'y '-TAe w /er/Y ripN_o/-woy/.ne of State HignwoY No 4/ r The center/me o/ 5/pa Hrghwoy , ,dom.M o/0,,,,,,..0 f,sc,Ppge 273 4 v- 1 CI I •-i;',Z 0 •. n 4,6i 1 I y..,n> F Z a V a NN k± o` `n J ti u N ; n 4 a n i" ,u J o f i • 7 s p n .4 mC♦ I " r .%."4 o Ca O� v,p 00 3 A Z 4q3 + 3 uo' I __ r d� `aa I Z • 41 q Jrn 1 will, at the Developer ' s expense , have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall instruct its engineer to ' respond to questions from the City Inspector (s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer ' s design . The Developer or his engineer shall sche- ll a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff , to review the program for the construction work. ' Within sixty ( 60 ) days after the completion of the improvements and before the security is released, the Developer shall supply the city with the following: (1) a complete set of reproducible ' Mylar as-built plans , (2) two complete sets of blue line as-built plans, ( 3) two complete sets of utility tie sheets , (4) location of buried fabric used for soil stabilization, (5) location sta- tioning of all utility stubs , and ( 6) bench mark network. ' 5. License. The Developer hereby grants the City, its agents , employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 6. Erosion Control. Before the site is rough graded, ' and before any utility construction is commenced or building per- mits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the ' City. The City may impose additional erosion control require- ments if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as other- !' wise provided in the erosion control plan, seed shall be certi- fied seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and ' disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer ' s expense. The City will endeavor to notify the Developer in advance of any proposed action, but ' failure of the City to do so will not affect the Developer ' s and City ' s rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is t in full compliance with the erosion control requirements . Erosion control needs to be maintained until vegetative cover has been restored , even if construction of the improvements has been ' completed and accepted. After the site has been stabilized to where in the opinion of the City there is no longer a need for erosion control , the City will remove the erosion control measures . Before the City signs the final plat , the Developer shall pay the City a fee of $1 . 00 per foot of erosion control that is required to be constructed in accordance with the erosion control plan for the plat , Plan B, to cover the City' s costTor ' the removal. 7. Clean up. The Developer shall maintain a neat and ' GC-2 bark, are prohibited. The minimum tree size shall be two (2 ) inches caliper, either bare root in season, or balled and ' burlapped. The trees may not be planted in the boulevard. In addition to any sod required as a part of the Erosion Control Plan (Plan B) , the Developer shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four inches of topsoil as a base. Weather permitting, the trees , sod, and seed shall be planted before Certificates of Occupancy are issued for a lot. 12. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty work- ' manship for a period of one (1) year after its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) ' months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller-Davis Company form No. 1636 or equal) or other security acceptable to the City ' to secure the warranties at the time of final acceptance. 13. Lot Plans. Prior to the issuance of building per- mits an acceptable Grading, Drainage, Erosion Control, and Tree Removal Plan shall be submitted for each lot as required in the Special Provisions, for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from ' buildings and that tree removal is consistent with City Ordinance. 14. Existing Assessments. Any existing assessments against the plat will be respread against the plat in accordance with City standards . ' 15. Street Lighting. Before the City signs the final plat, the Developer shall pay the City a fee of $200 . 00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each light for twenty ( 20 ) months . - ' - 16. Street Signs. All street name and traffic signs required by the City as a part of the public improvements shall be furnished and installed by the City at the sole expense of the Developer. 17. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements . This fee is to cover the cost of City staff time and overhead for items such as review of construction documents , preparation of ' the Development Contract, monitoring construction progress, pro- cessing pay requests, processing security reductions and fi al acceptance of improvements . This fee does not cover the City' s ' cost for resident construction inspections . The fee shall be calculated as follows: ' GC-4 1 the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense ' incurred by the City, provided the Developer is first given notice of the work in default, not less than four ( 4) days in advance. This Contract is a license for the City to act, and it ' shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. ' 19. Miscellaneous. 1 A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction ' meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless other- wise approved by the City Engineer. ' B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the ' local Postmaster' s request. C. Third Parties . Third parties shall have no recourse against the City under this Contract. ' D . Breach of Contract. Beach of the terms of this Contract by the Developer shall be grounds for denial of building ' permits , including lots sold to third parties . E. Severability. If any portion, section, subsec- tion, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. ' F. Delays. If building permits are issued prior to the completion and acceptance of public improvements , the Developer assumes all resulting liability and costs from delays ' in completion of public improvements and damage to public im- provements caused by the City, Developer, its contractors , sub- contractors , materialmen, employees , agents , or third parties . ' G . Occuoancv. Unless approved in writing by the City engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until ' the streets needed for access have been paved with a bituminous surface. ' H. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendmentslfor waivers shall be in writing, signed by the parties and approved ' by written resolution of the City Council . The City' s failure to promptly take legal action to enforce this Contract shall not be ' GC-6 ..t....4.2.� z II 0. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the subdivision are accepted by the City. Narning signs shall be I placed by the Developer when hazards develop in streets to pre- vent the _public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall I maintain a smooth roadway surface and provide proper surface drainage. The Developer may request , in writing, that the City plow snow on the streets prior to final acceptance of the I streets. The City shall have complete discretion to approve or reject the request . The City shall not be responsible for reshaping or damage to. the street base or utilities because of snow plowing operations. The provision of City snow plowing ser- I vice does not constitute final acceptance of the streets by the City. IP. Soil Treatment Systems. If soil treatment systems are required, the Developer snail clearly identify in the field and protect from alteration , unless suitable alternative I sites are first provided, the two soil treatment sites identified during the platting process for each lot . This shall be done prior to the issuance of a Grading Permit . Any violation/disturbance of these sites shall render them as unac- 1 ceptable and replacement sites will need to be located for eacn violated site in order to obtain a building permit . I Q. Variances. By approving the plat , the esents tnat all lots in the plat are buildable without the need for variances from the City ' s ordinances. I - - - END OF GENERAL CONDITIONS - - - I IOFFICE OF COUNT O STATE OF MINNESOTA DER CO UNTY OF CARVER I Filing Fee * This is to certify that this document wa: filed in thi office o the.4.5.da ofii 19q.D.at Y M, o. 1 " orded as ���� document no. O �/�-�-, ` �:c t.. C_,.111,6-' V lt(.(,C '%� r / rr CARL W. HANSO l�, N J R. County DIdN •by IM VI________.G—K G_fL GC-8 I:-- -"`n I July 28, 1989 Mr. Conrad Fiskness Riley-Purgatory-Bluff Creek Watershed District 8033 Cheyenne Avenue Chanhassen, Minnesota 55317 Dear Conrad: A lot has happened since you so generously gave of your time to update us on the Riley Chain of Lakes Restoration Project back in April of this year. Some of the activities stemming from those initial meetings include: to Formation of a Lake Lucy Home Owners Association; o Spraying of Lake Lucy for Purple Loosestrife with DNR's involvement; ' o The start of a program to be on the look out for Eurasion Water Milfoil on all of the lakes in the chain; o Initial planning for a lake users' survey to more objectively ' pursue anticipated lake usage and assessment of lake's quality; o Establishment of a newsletter to better inform Lake Lucy home owners; ' o Consistent attendance by designated lake home owners at local governmental meetings (council, park and rec, informal working sessions, etc.); o. Over 50 attendees at the DNR sponsored Eurasion Water Milfoil ' awareness program held at Gray's Bay, Lake Minnetonka; o An informational meeting held at Chanhassen City Hall with representatives from all Riley Chain of Lakes homeowners to ' discuss the work plan; o Selection of Eric Rivkin and Ray Lewis as representatives to the lake cleanup advisory committee. ' One of the major goals set forth at our initial meeting was to increase public awareness of, encourage participation in, and further acceptance of projects related to the improvement of the water quality of the Riley Chain ' of Lakes. We have made giant strides towards the accomplishment of this goal. • I We are disappointed to hear that there is a possibility that the Watershed may disassociate themselves from the Restoration Project and transfer sponsorship to the MPCA. We feel this would be a mistake. You have'= aroused our interest, motivated our talents, and united us to hopefully I °� —. r L.y/ [AUG 0 21989 CITY.OF CHANHASSEN ,= 1 CITY OF 1 . ,\ , A CHANHASSEN 1 , I , -- , __ 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 , (612) 937-1900 MEMORANDUM En^x,!d_L TO: Don Ashworth, City Manager __T__. __ l IFROM: Jim Chaffee, Public Safety Director Date • DATE: August 3, 1989 ISUBJ: Escrow Monies for Code Violations J//Y1_�i_---__. IPlease find attached a copy of a memo to me from Scott concerning our recent meeting with the City Attorney, the City Engineer, and Public Safety. You may recall the meeting was called at your I request to go over a proposal from the City Engineer requiring a $500 . 00 escrow account to insure code compliance for developers . The main issue seemed to center around dirt and mud on roadways 1 and erosian control. Numerous options were discussed at the meeting, but in the end II think all agreed that our present system may be the best suited for the desired action. As you can see from Scott 's memo, Public Safety has a very good handle on these type of matters . We have developed this system over the past two years and it seems to be I working rather well . I think that if we did have a problem, it would probably be the speed at which these matters are handled. Our justice system is inherently slow in all cases, be they civil I or criminal. As indicated in Scott 's memo, however, we have numerous remedies available to us and we do attempt to exhaust all of our remedies before we actually forward a complaint to the courts . This procedure appears to be working well for the ICity, but we would welcome any comments or suggestions that anyone may have . I We are still attempting to educate the rest of City staff as to the need for these complaints to be filled out and sent into Public Safety. In time, I believe we will streamline the process I where it will become second nature for all employees when receiving a complaint to fill out the complaint form and forward it to us . I I . 1 Jim Chaffee Public Safety Director July 31 , 1989 Page 2 From there, we set about using the three step process that we do ' . for all code violations : 1 . Make the offender aware of the problem, and educate them ' of the applicable code; 2 . Request voluntary compliance, making the offender aware of the benefits to them of compliance; and, 3 . Take enforcement action if necessary. Y ' Experience continues to show that this process is very effective. Of the literally hundreds (perhaps by now, thousands . . . ) of complaints that we have received during the past two years since ' implementing this approach , none have actually resulted in a trial. Some court referrals have been made; however, all have been effectively dealt with prior to actual trial . ' In the case of debris on the roadway, Chanhassen City Code, Chapter 13 - Nuisances , §13-2 (a ) ( 5 ) states that "the throwing, dumping or depositing of . . . ground, sand, stones . . . or ' other material of any kind on private or public property" consti- tutes a nuisance. As such, §13-3 mandates the City Manager to enforce this provision through his designees (Chanhassen Public Safety) . ' §1-9 of the City Code states that violations shall be a mis- demeanor, with each day any violation continues being a separate offense . As both a Law Enforcement Officer, and the Code Enfor- cement Officer for the City of Chanhassen, I have the authority to take enforcement action. In fact, any of our Public Safety ' staff could take enforcement action by issuing a citation. Recognizing that there is a violation present, we would set about explaining to the violator that a complaint has been received , and that a violation exists . We would seek voluntary coopera- tion, and work with the violator to develop an acceptable time line to remedy the problem. If compliance is not received, enforcement action will be taken . Advising an offender of the violation can actually be accomplished several ways . Sometimes it is as simple as telling ' the person. Another approach that is frequently used is to send a violation notice form by certified mail (copy attached) . A witnessed violation could also be dealt with by the issuance of a ' citation (or "ticket") . An additional remedy, if appropriate, could be obtaining an injunction through the court. It is important to note that ALL complaints are documented on our complaint form (copy attached) . This will permit us to trac the violation, and refer to it in the future if necessary. It Aso provides us with the record keeping necessary should future court Iaction become necessary. CODE ENFORCEMENT ACTIVITY x MONTH: June 19 89 Verbal Complaints DATE COMPLAINT LOCATION �'•• — __-- ACTION TAKE 06-01-89 Junk in yard Mohawk Drive 1 - A 06-01-89 Code enforcement West Village Drive 1 - G 06-01-89 Code enforcement West Village Drive 1 - G 06-01-89 Debris/Dog problems Audubon Circle 5 - G 06-01-89 Found property White Dove Drive 5 - Referred to Street Maint. ! 06-01-89 Sign request Unknown 5 - Referred to Engineering 06-01-89 Mud on street Marsh Drive 1 & 5 - G 06-01-89 Debris Bighorn Drive 5 - A { 06-01-89 Mud on street Conestoga Trail 1 - A 06-01-89 Fence question Downtown development 1 - A 06-01-89 Dead landscaping Chan View 1 - A 06-01-89 Speeding vehicle Bighorn Drive 1 - A 06-01-89 Dog at large/aggresive behavior Red Cedar Point Drive 4 - A 06-01-89 Weeds Frontier Trail 1 - G 06-02-89 Dead trees Chan View 06-02-89 Suspected fraud 1 - Referred to Engineering vehicle White Dove Drive 1 - G 06-02-89 Speeding Bighorn Drive I - A 06-05-89 Construction work after hours Minnewashta Parkway 4 - A 06-05-89 Use of power Sierra Court 1 - A 06-07-89 Inquiry re: solicitors permit City wide 3 - G 06-08-89 Inquiry of signage City wide 1 - G 06-08-89 Found property City Hall 3 - G 06-09-89 Mud, rock & dust on street Fox Chase 06-09-89 Noise 1 - Referred to Engineering 06-09-89 Poor construction Chan show 1 - A Horseshoe 06-10-89 Weeds oe Curve 1 - G 06-11-89 Street sign mis-spelled Shawnee LLane 4 - A 3 - Referred to Engineering CODE: L . Advisory Letter A. Voluntary Compliance 2 . Certified Letter/Notice B. Warning Tag Issued H. No Further Action 3 . Phone Call Made H. Other C. Citation Issued 4 . In-Person Meeting D. Referred to City Attorney 5 . Complainant Advised E. Court Referred 6 . Other F. Action Pending MO NIN ININ ONN OM INN Mil INII NIN • NIN INN IMI MIN IMI Mil MI COMPLAINANT COMPLAINT RECEIVED BY: ILAST: FIRST: MIDDLE: DOB: STREET NUMBER: STREET NAME: CITY: 1 ST: ZIP: PHONE NUMBER: ITYPE OF COMPLAINT: DATE RECEIVED: LOCATION OF COMPLAINT: IISUBJECT HARD FILE: CASE NUMBER: IILAST: FIRST: MIDDLE: DOB: STREET NUMBER: STREET NAME: CITY: IST: ZIP: PHONE NUMBER: IACTION TAKEN/COMMENTS (INCLUDE DATE) : 1 1 1 t• JA. PRICE AGENCY INC. ' 7100 SHADY OAK ROAD, EDEN PRAIRIE, MN 55344 • PHONE — 612-944-8790 JAMES J. MADY ' Comptroller ' August 3 , 1989 Honorable Don Chmiel , Mayor of Chanhassen Mr. Don Ashworth, City Manager CITY OF CHANHASSEN 690 Coulter Chanhassen, MN 55317 Gentlemen: About a month ago, Chanhassen celebrated our nation ' s birthday. ' Through the efforts of a large number of volunteers and city staff , the events of the holiday weekend were bigger and better than ever . Our Park and Recreation staff , in particular, Todd Hoffman, deserve an extra pat on the back for the exceptional turn out for all of the city sponsored events . Each year , our recreational programs grow bigger and better, a result of good organization and very well run programs . As city officials , we spend much of our time responding to areas that need improvement . We can sometimes forget that Chanhassen truly is an exceptional place ' to live. It is at times such as the Fourth of July celebration, that we can see first hand the positive attributes of our city . ' Next time you see Todd or Lori , make an effort to thank them for giving that extra effort that makes our programs successful . Yours very truly, L,4,1 ' Jame J. Mady ' JJM:cl AAUG0 ,11989 ' "BUSINESS AND PERSONAL INSURANCE SPECIALISTS I.ITY OF CHANHASSEN I y, CITY OF c NBAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 i August 7, 19889 -{- c_vt ��" � Gt U ' The Honorable Rudy Boschwitz U.S. Senate Senate Office Building ' Washington, DC 20510 Dear Senator Boschwitz : ' I am writing to you today out of concern for the future of the Land and Water Conservation Fund (LWCF) . I am the Park and Recreation Coordinator for the City of Chanhassen, Minnesota and can account first hand the value and importance these funds have to a growing community. We have received funds in the past to help us gain public access on our lakes and to develop our com- munity parks. Without LWCF assistance, such would not have been ' possible. Lake Ann Park meets a wide variety of recreational needs; boat ' access, walking/bike trails , softball, swimming beach, volleyball, horseshoes , tennis, etc. We feel such a facility is imperative to provide basic recreational opportunities . I cannot ' impress upon you enough, how much these recreational facilities are used by not only Chanhassen residents, but residents from other areas as well. The preservation of this beautiful park site is invaluable. The Amerfcan Heritage Trust Bill (AHT) is a responsible fiscal proposal and it is "on-budget" . I believe that as a Park and ' Recreation professional, my peers and I are helping to improve the health, welfare, and quality of life of Americans. We need your help to continue to do that. Please support our efforts by creating a self-sustaining trust. Support the President' s Commission on Americans Outdoors ' recommendation to establish a trust providing a minimum of $1 billion per year - to help pay for federal, state and local land acquisition and state and local ' facility development and rehabilitation. Without the LWCF or the AHT, the loss of precious natural resources to development is inevitable. Our City is growing by leaps and bounds. Keeping up with the park needs and preserving deli- cate natural areas ( such as a recently discovered naturally •!' reproducing brook trout stream) is difficult, not to mention Hoisington Group Inc. by I , . Land Use Consultants ' 1 t- . • ;1 MEMO ' .:;:., . } I, To: Don Ashworth, City Manager ▪ f''' "`' From Fred Hoisington, Consultant '` , °a! z`_ ,7,,.,yl�- .,q 4,...;,..Subject: Telephone Discussion with Peggy Reilly on 8-1-89 • �l{r il.nc tt i° � .. "t i.v' ry'' „ Y .1 'iL`; :,'i;i: li' . i;i�' :,}`<. Iii J' ...1-,..,,,;'.,..,,.',i; +.1 : ii yp if iq,4 '�.t":- 'r> ''i �r ,;d. ;i it .:.a.,;li. '.1•..ii:Gii { `:• r,;'.� 8 ,2, "Kt•, J° r, f. {i;i", _ — 1`iH n„y,; n��,. F »t,:•6F 'i, i:;,��_. �;.:,..C.° . 1'c4,.�:,'; �-`f":-a. x ,i?r`{I ¢ :ii Y,� ,�, v .��Date: 1 $9 ,O ., -:,•'10,i .;'In7 ,,;zL A:3i'; .i! i.::}:;iiii '.;^,:i K;r.t' �' t., i+'L i 1 ..jn .spy 4 ,K' ,.,• : is 'if: „44',4,.,„ .rt;•.: ;,y,l.,''. :at.-4-`. .y,�ryti7 �{�,'�'%'_ 7 •'*ry.:M�}' •• :.1,i iNr:r- w1 $u7 .. 114Pit y_,413.!:444. , { G a � «1"��, :,l, >1."'t'+•.il"is .y, P. � :5,�1-A1'q' (J� ;f• �p".r¢��;.� 1 �'�'` 4.4,--'`i i. ��k'�` .5'H �. `,I1 �l �i .rti �s LFs�' rwti;�« '!',♦f A��ry� - ��2r•'i'Sy1t�.liPyn 4.h,�a i't'Yi' E..r�� ;: !..�0,�p 't P i,tf{fl.�' v,,i a(r y xr, . i ;gip;,I Y. i . Y�' a MS' r 1::il'l '�'4 ,�„ Z' .: �`i , "`M 4 v. L, 4� -` `I. ',.�` i{l i':.1 1,;' 4' 'a,.0J a 1" '"'i:a' „ 4 , $.rG f +,'!t; ■ ,`I%'.`i,, . ?, += ': ,,fi= �` _f u: '.}:.;';"f .�!.!:!I';PlEs,n .,I i•`j'�.{',.',�, ,t^!•..{v �' , 'M: ;?c,, ;;y:_.-: �. :+�' , l ,r �`''�A y i k ,,n.= ,,}„ i' I. � 7;' •-. - i.,,:,;._ ,i. .. ;:7. ''i t -: ,:t 'cs •,:., A 1 , ,t+►.x{,�!'�, �f.{ ? -f g,,, •> ,�i}iP� f'.' ^r«�: ,iI' .e:?' -•. .. .�,;.a•,:,, v,L: i... =5.9'. a r n ▪ ' I explained to Peggy that the HRA was not inclined to finance or '}` { .Y• , perhaps even allow a pylon sign for Colonial Center and asked if she ;'i?,Ar,:41 '"f,,. :• I t would prefer that the present sign be eliminated or that it remain? ; 4.#;-,,',•,;, She indicated that she would prefer, given those choices, that it come j,,tifA:•-• ,;,;; • down but would like to continue to pursue, with the HRA, a lesser ,f ili0.<4.- sign involving less cost. • , . F,V• �"•■ I indicated that I would talk with you about getting on the HRA's ' , ,, ,a,-, •• Inext agenda and my question to you is: should we have Jim Lasher ;:'7:*3ia i . do some additional work to design a smaller sign or give me your Ithoughts in that regard? �i,tti!� ”. ,l do��,, wc•.T_' is±"f _ ., 4=��• i:. '" �i ��ib7 ::3 4 :x;41'4 1*.jt, _ , If�� ^a, .F:". t:^ ",: '1- d 11 - 7300 Metro Blvd. -�' 7 r, 'J.' ., Suite 525 11i.C1 4 bpQ�, Edina.MN 55435 _ , . _ :^> , ., 4 - i .. :,..! x "'r'ti''-- (612)835-99 €� 60 rr.' r% p ^� # � ! .1l C FT 'Y' O F �v�� - �� . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 July 21, 1989 1 Mr . Elliot Knetsch Grannis, Grannis, Farrell & Knutson P.O. Box 57 South St. Paul, MN 55075 ' SUBJ: Anderson vs. City of Chanhassen (Sunnyslope Homeowners Association Matter ) 1 Dear Elliot: Per Don's notation on my memo to him, please be adivsed that the 1 City Council has determined to not reconsider this item. There- fore, you should proceed on this suit. I would appreciate it if you would keep Jo Ann Olsen and myself 1 advised. Thank you. Sincerely, 1 Att Ac-/Harr Assistant Public Safety Director 1 C: Don Ashworth, City Manager Jim Chaffee, Public Safety Director Jo Ann Olsen, Senior Planner Enclosure 1 1 I .. 1 CiTY O F CHANHASSEN ter. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Scott Harr, Assistant Public Safety Director \ DATE: July 10, 1989 , SUBJ : Anderson vs . City of Chanhassen Don, You had asked me to attend the settlement conference . Please see , attached . C: Jim Chaffee, Public Safety Director Attachment 1 £JJJIL 1 1.43 A 1 • 1 1- ' LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 I VANCE B GRANNIS 403 NORWF.ST BANK BUILDING ELLIOTT B KNETSCH MICHAEL 3 MAYER VANCE B GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE TIMOTHY BERG PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 J DAVID L.GRANNIS, 111 I ROGER N. KNUTSON `°' TELEPHONE(612)455-1661 •DAVID L. HARMEYER ALSO ADMITTED To June 29, 1989 I PRACTICE IN WISCONSIN I I Mr. Scott Harr Assistant Public Safety Director City of Chanhassen 690 Coulter Drive I P. O. Box 147 Chanhassen, MN 55317 I Re: Steven and Nancy Anderson, et al v. City of Chanhassen, et al (Sunnyslope Homeowners Association) Dear Scott: IIn response to your letter of June 27, 1989 in regard to the above-entitled matter, the pre-trial has been continued pending I City Council response to settlement proposal. I will notify you of new date in the event the case isn ' t settled. IVery truly yours, GRANNIS, GRANNIS, FARRELL I & KNUTSO , P.A. 4 By: / 4 Elliott B. Knetsch IEBK/klt I I I . LAW OFFICES ' GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 ' 403 NORWEST BANK BUILDING ELLIOTT B. K VANCE B. GRANNIS MICHAEL KNETSCH TSC VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE J PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 ' DAVID L.GRANNIS, III ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER August 7, 1989 'Aso ADMIrrEO To PRACTICE IN WISCONSIN 1 Mr. Gary Ehret BRW 700 Third Street South ' Minneapolis, MN 55415 Re: City of Chanhassen v. Estate of Martin J. Ward ' Dear Gary: Please advise as to the status of the above project. The ' Commissioners want to view the property before work commences, and the City must make the "quick take" payment. ' Very truly yours, GRANNIS, GRANNIS, FARRELL, & KNUTSON, P.A. I BY: Patrick A. Farrell PA; h ' c Mr. Don Ashworth • _. r'►``1' 0 8 1989 ' CITY OF CHANHASSEN I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: ' DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B KNETSCH VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER ' PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 DAVID L. GRANNIS, III ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER i August 7 , 1989 ALSO ADMITTED TO PRACTICE IN WISCONSIN 1 Mr. Jerry Brill Siegel, Brill, Gruepner & Duffy, P.A. Suite 1350 ' 100 Washington Square Minneapolis, MN 55401 ' Re : Guy Peterson Taco Shop Dear Jerry: ' This will confirm our discussion that pursuant to the statutes the City of Chanhassen will pay up to $500 for appraisal fees incurred by your client the "Taco Shop" . ' If you have any questions regarding this, please feel free to contact me. ' Very truly yours, GRANNIS, GRANNIS, FARRELL, & KNUTSON, P.A. BY: Patrick A. Farrell ' PA Mr. Don Ashworth I I . I I ' LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: ' DAVID L.GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 403 NORWEST BANK BUILDING ELLIOTT B KNETSCH VANCE B. GRANNIS VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J MAYER PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 DAVID L. GRANNIS, III ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER August 7 , 1989 ' =ALSO ADMITTED TO PMCTICE IN WISCONSIN ' Mr. Don Ashworth City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Re: City of Chanhassen vs. Henry A. Pauly, et al ' Court File No. 22584E Dear Don: Roger Pauly wants to inspect the assessment records on the above project involving his brother ' s property. He has this right under the statute on rules. Please call me if there is a problem assembling the file. We will inspect the file prior to Thursday. ' Very truly yours, GRANNIS, GRANNIS, FARRELL, & KNUTSON, P.A. / r Bye // / Patrick A. Farrell PAF/rh I i AU G 08 1989 CITY.OF CHANHASSEN I LANG, PAULY & GREGERSON, LTD. IATTORNEYS AT LAW• 370 SUBURBAN PLACE BUILDING 250 PRAIRIE CENTER DRIVE I EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE:(612)829-7355 ROBERT I.LANG MINNEAPOLIS OFFICE ROGER A.PAULY 4400 IDS CENTER DAVID H.GREGERSON• 80 SOUTH EIGHTH STREET I RICHARD F ROSOW MINNEAPOLIS.MINNESOTA 55402 MARK J.JOHNSON (612)338-0755 JOSEPH A.NILAN FAX(612)349-6718 JOHN W LANG.CPA I LEA M.De SOUZA REPLY TO EDEN PRAIRIE OFFICE: JEFFREY C.APPELQUIST• JUDITH K.DUTCHER BARBARA M.ROSS •Also Authorized to ' Practice Law in Wisconsin August 3 , 1989 IPatrick A. Farrell Grannis, Grannis , Farrell & Knutson 403 Norwest Bank Building South St. Paul, MN 55075 1 RE: Henry A. & Gloria I. Pauly vs . City of Chanhassen Court File No. 88-24409 Dear Pat: IThis is to confirm that there will be available at the Chanhassen City Hall at 9 : 00 a.m. on Thursday, August 10 , 1989 I for review the documents which were requested in Plaintiffs ' earlier Request for Production of Documents . I have also asked that there be available for review all documents relating to the payment settlement and/or adjustment of special assessments I imposed upon other properties as a result of the improvements which are the subject matter of this appeal. I . Sin el _� ,/ / g A. Pauly IRAP:ss II I I . 1 1 * sA4 C c.. EARL W. RENNEKE Senator 35th District Rural Route 2 ' LeSueur, Minnesota 56058 Phone: (612) 237-2613 117 State Office Building Phone: (612) Senate Counties:: Parts o of f Carver, 1 McLeod & Sibley State of Minnesota July 21, 1989 Don Chmiel ' Mayor of Chanhassen 69 Coulter Drive Chanhassen, MN. 55317 ' Dear Don: I am sending you a copy of my letter to Commissioner Len Levine. ' I felt his actions at the Coalition meeting deserved a response. Your thoughts and comments would be appreciated. Sincerely, ' EARL W. RENNEKE State Senator 1 ' COMMITTEES • Local and Urban Government • Finance, Subcommittee Health and Human Services • Government Operations • Rules and Administration • Agriculture COMMISSIONS • Minnesota Resources, Pensions and Retirement 1 i �, ,~ • Y - EARL W. RENNEKE Senator 35th District Rural Route 2 LeSueur, Minnesota 56058 Phone: (612) 237-2613 117 State Office Building Phone: (612) 296-4125 Counties: Parts of Carver, Senate McLeod & Sibley July 19, 1989 State of Minnesota ' Mr. Leonard Levine - Commissioner Minnesota Department of Transportation Transportation Building John Ireland Boulevard St. Paul, Minnesota 55155 Dear Commissioner Levine, ' It was with no small amount of disappointment that I read comments attributed to you at a July 10 meeting of the Southwest Corridor Transportation Coalition. I understand you implied that certain highways could be scheduled ahead of others depending upon legislative support for highway funding bills . Your comments indicate that people's transportation needs should now be related to politics and funding shell games. I am greatly concerned about your comments after I attended a meeting in my district last week and I was questioned about what you had said. ' I feel you are holding my district's transportation needs hostage to the political whims of the administration. That's hardly my idea of good public stewardship in an area which is so important to people--transportation. i have always supported making state government responsive to our highway needs. My voting record has been clear on highway funding. Highways have always been one of my top priorities. You know very well that the license fee increase passed this year was not a question of support for good roads. It was a debate over approach. The administration's decision to support this increase in license plate fees was disappointing and a poor way to fund our highways . It's nothing but a sneaky tax increase. ' I have always urged the use of the Motor Vehicle Excise Tax as the best way to fund our road program. Your comments to people in my district were intentionally misleading. The Governor's Study Commission just two years ago recommended a larger transfer of MVET monies as the proper way to fund highway improvements. ' ,F COMMITTEES • Local and Urban Government • Finance, Subcommittee Health and Human Services • Government Operations • Rules and Administration • Agriculture COMMISSIONS • Minnesota Resources, Pensions and Retirement .., 4- •max •...a.F_ `' .,a } - The Governor subsequently said he, too, supported a 100 percent ' transfer of MVET. As we all know, he backed down on that pledge and you did nothing to change his mind. The pledge was not pursued. ' As a legislator, my vote-is the only way I can express my objections to legislation with which I disagree. Obviously, my opposition to the license fee increase was a matter of principle, ' not a sign I was against highway funding! The rumors you have spread in my district about this anger me greatly. You have attacked me personally. I do not appreciate the ' impression you have left that I am not supportive of my area's critical need for highway improvements. I would like a clarification of your comments at the meeting. I would also like a letter of apology sent to the local newspapers which printed your comments, correcting the mistaken impression that you left in your wake through my district. ' The Southwest Corridor Transportation Coalition has worked hard and admirably to focus the attention of state leaders on the road improvements needed so badly in the area. You should not have made such damaging comments to this fine group of dedicated Minnesotans. ' I await your clarification of what you said at the meeting. Sincerely, Earl Renneke State Senator 1 cc: Dick Feerick Mayor Robert Roepke Mayor Gerald Schm.ieg Mayor Larry Bodahl I - 1 • MINNES(JFA • SAFETY COUNCIL The Safety Resource July, 1989 ' Memo to: Minnesota Safety Council Members Subject: Courtesy is Contagious - Catch the Safe Driving Habit! In 1987, Minnesota roadways were the safest in the nation. In 1988, however, we saw an 8% increase in accidents and a 16% increase in motor vehicle deaths. That makes 1988 the worst year for accidents in this decade, and the worst year for fatalities since 1981. We can do better. Those statistics tell only part of the tale. There is a general perception that Minnesota drivers are becoming more aggresive, taking more chances, driving faster and in general paying less attention to their driving than ever before. That's why ' the Minnesota Safe y Council has joined with the Minnesota AAA and the Minnesota Department of Public Safety to encourage drivers to drive defensively and to extend to others on the road some common courtesies. MSC's campaign slogan is "Courtesy is Contagious - Catch the Safe Driving Habit!" We hope you will encourage your employees to help bring back courteous driving. ' We've prepared these campaign items to assist in communicating with them: 1. "Courtesy is Contagious" Poster - post it wherever employees gather. Additional quantities are available at a nominal cost. 2. Payroll stuffer - we've enclosed a reproduction proof of the "Courtesy is Contagious" payroll stuffer, showing the campaign logo and carrying some quick tips for courteous driving. Please feel free ' to reproduce it in quantities to fit your needs. 3. "Courtesy is Contagious" sample news releases - for reprint in your ' company publication or other employee communications. 4. "Courtesy is Contagious" ad slick for employee publications. Please join in the "Courtesy is Contagious" campaign. In Minnesota, we can do ' better. Sincerely, ' MINNESOTA SAFETY COUNCIL, INC. Carol A. Bufton, CAE i l IL 1 3 1989 ' President r OF CHANHASSEt I - 474 Concordia Avenue, St. Paul, Minnesota 55103 (612) 291-9150 Chartered by the National Safety Council—Organized June 1, 1928 1 SAMPLE PRESS RELEASES "COURTESY IS CONTAGIOUS" Concerned by the increase in traffic fatalities in 1988 during the first complete year of the 65 mph speed limit, the Minnesota Safety Council, AAA, and Department of Public ' Safety warn that discourteous driver errors are the primary cause of 67 percent of fatal traffic accidents. , In an effort to reduce accidents, the Council announces the "Courtesy is Contagious" campaign for drivers' own safety. , Although accidents are usually the result of several contributing factors and alcohol is involved in half of all fatal crashes, illegal and unsafe speed ranks as the principal ' discourteous driver error that killed 214 people, about 30% of the 615 fatalities, and injured 8821 others in 1988. (The 65 mph speed limit is restricted to rural stretches of Interstates 35, ' 90 and 94, and a short section of Highway 52 in southeastern Minnesota.) Safe, courteous driving means observing posted speed limits. ' Courteous, error-free driving demands constant attention. Driver inattention and distraction ranks second only to speed in causing fatal accidents and claimed 135 lives and caused 16,928 injuries in 1988. It is also the greatest contributing factor in property damage crashes.- The third leading cause is failure to yield right of way, especially at intersections and when making left turns. This particular lack of courtesy killed 92 people and injured 10,916. Courteous driving isn't very difficult, according to the Minnesota Safety Council, because it simply includes obeying laws, driving defensively and using common sense. 1 1 "COURTESY IS CONTAGIOUS" CONTRIBUTING CRASH FACTORS "Courtesy is Contagious," according to the Minnesota Safety Council, and a cure for driver errors that contribute to two-thirds of fatal accidents and three-fourths of personal injury and property damage crashes. Although accidents are usually the result of several contributing factors, and alcohol is involved in half of all fatal crashes, the scoreboard of crash cause factors points to discourteous driving. Contributing Factors, Accidents 1988 Killed Injured Illegal and unsafe speeds 214 8,821 IDriver inattention/distraction 135 16,928 Failure to yield right of way 92 10,916 IOver center line-not passing 80 1,416 Disregarding traffic controls 57 3,985 IImproper and unsafe lane use 26 2,099 Improper passing and overtaking 14 867 IImproper turns 11 1,316 Following too closely 10 3,698 Each one of these accident-causing acts could be corrected by courteous driving ' which considers the rights of others. For instance, seventy-five percent of drivers exceeded 55 mph posted speeds in the last three months of 1988, and speed is considered a contributing ' factor in Minnesota's traffic fatality increase last year. The Minnesota Safety Council, AM, and the Department of Public Safety remind motorists that courteous driving includes observing posted speed limits, giving complete attention to your driving, and yielding the right of way to avoid accidents. Obeying the laws, driving defensively and using common sense will eliminate all other contributing factors. ' ---30---- "COURTESY IS CONTAGIOUS" WHAT DO YOU DO WITH A TAILGATER? You are driving at exactly the posted speed limit in the left lane of a freeway. The car behind you has been travelling faster and is now tailgating your car. You have three choices: 1) Remain in the same lane so the driver behind you has to reduce speed to the speed limit; 2) put on your right turn signal and move over when the next lane is clear so the tailgater can continue at a higher speed; 3) increase your speed and keep ahead of the car behind. What would you do? In a recent survey by the Minnesota Safety Council, 94 percent said that they would put on their right turn signal and move over, not necessarily as an act of courtesy, but as a matter of personal safety. The other 6 percent said that they would stay in the left lane but would move over when and if it was convenient. Some comments were: "The highway is no place to get into a power struggle over speed and right of way. Anger and hot tempers are not needed while driving." "If you don't let them by, they will zig-zag through traffic or even try to pass on the shoulder. Let them pass for your own sake." "Cars driving at the speed limit or less should always drive in the right lane. Don't try to be a traffic cop - it's not your job!" "It is never safe to act as the standard setter for other drivers. Play it safe, be cool. Live and let live. Drive defensively, but don't be offensive while doing so." Think over the situation. What would you do? ----30--- 1 ..,.asp CITY OF .. tf)v\rk? c 1HAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Scott Harr, Assistant Public Safety Director FROM: Deb Rand, Crime Prevention Specialist ��4 DATE: July 17, 1989 SUBJ: MCPOA Spring/Summer Interstate Meeting July 12 - 14 , I attended the "Minnesota Crime Prevention Officers Association ' s (MCPOA) Spring/Summer Interstate Meeting" held at the Sawmill Inn in Grand Rapids, MN. The focus of the 3 day con- ference was youth crime prevention. I attended classes on the D.A.R.E. (Drug Abuse Resistance Education) program, McGruff House, and a program showing how to implement puppets into your crime prevention programs. I was also involved in discussion groups regarding volunteer recognition and "Project 2000" (a crime prevention program targeted at the graduating class of 2000, but promoting positive, ongoing contact between law enforcement and students K-12) . As always, the networking and contact with other crime prevention officers proved to be invaluable. The sharing of programs and ideas helps prevent one from having to constantly "reinvent the wheel" . I appreciate and thank you, Scott and Jim, for your constant support in crime prevention and in understanding the value of the training and conferences you allow me to attend. "COURTESY IS CONTAGIOUS" 55 MPH STILL MAKES SENSE Although we may not see anxious customers lining up for gasoline at service stations in the near future,gas prices.are rising. It's the perfect time to return to energy efficient,safe driving practices according to the Minnesota Safety Council. Speed monitoring surveys by the Minnesota Department of Transportation show that three of every four drivers are exceeding the speed limit on 55 mph posted roadways. Driving at 55 mph instead of 70 can cut gas consumption by 21 percent;that's a savings of two gallons for every ten you put in your tank. At$1.25 per gallon, you can save$2.50 on each ten gallon fill. Even greater savings are possible when drivers adopt safe"featherfoot"driving practices. Feather- foot driving means smooth starts and looking ahead and slowing down in advance instead of hard braking. It also means no tailgating, hurry-up lane changing or erratic speeds. According to the U.S.Department of Transportation,careful drivers can get at least 30 percent better mileage than an average driver and 50 percent better mileage than a poor driver. "Courtesy is Contagious,"according to the Minnesota Safety Council. Safe,courteous driving makes sense and saves dollars,too. ----30---- f "COURTESY IS CONTAGIOUS" KINDER. GENTLER DRIVING IS SMART A lot of traffic crashes would be avoided,according to the Minnesota Safety Council,if motorists drove as if every pedestrian and every other driver was someone they knew and liked. "Our'Courtesy is Contagious'slogan is just another way to express the Golden Rule,"says Thomas Rasset, manager of traffic safety services for the Safety Council. "If you show courtesy to another person, chances are that they'll show you courtesy in return. Courtesy works for traffic safety,too,and that's why we urge people to get the safe driving habit." Driving to avoid accidents in spite of the actions of others or adverse weather conditions is safe, defensive driving. It means driving as if your life depended on it---and it does. Always follow the"Big Three"rules for safe driving:don't drink and drive;observe posted speed limits; and wear your safety belt. Other important accident avoidance practices from the Safety Council's Defensive Driving Course include: -Leave a"space cushion" in front of, behind and beside your vehicle. On multi-lane roadways, if other drivers are exceeding the speed limit, signal and move to the right hand lane. You'll be safer there, avoiding the tailgaters and lane-changers. -Reduce your speed at night and during bad weather. It takes 200 feet to stop from 55 mph under ideal conditions and 300 feet from 65 mph. Headlights reach out about 300, feet so don't overdrive your lights. -Don't drive too far,too long or when you are upset or tired which slows your reaction time. Stop every two hours to get out of the car and stretch your legs. ----30---- SUMMARY STATISTICS of Discourteous Driving Discourteous driver errors contribute to two-thirds of fatal accidents and three-fourths of personal injury and property damage crashes. Although accidents are usually the result of several contributing factors, and alcohol is involved in half of all fatal crashes, the scoreboard of crash cause factors points to discourteous driving. Contributing Factors, Accidents 1988 Killed Iniured Illegal and unsafe speeds 214 8,821 Driver inattention/distraction 135 16,928 Failure to yield right of way 92 10,916 Over center line-not passing 80 1,416 Disregarding traffic controls 57 3,985 Improper and unsafe lane use 26 2,099 Improper passing and overtaking 14 867 Improper turns 11 1,316 Following too closely 10 3,698 After the speed limit was increased to 65 mph on June 17, 1987, fatal accidents on rural interstates are up 64 percent from the previous five years. Total accidents increased 57 percent, including a striking rise from 1,193 to 1,869. A total of 85 more fatalities occurred in 1988 than 1987; 615 compared to 530. .r • // l/&C c` Ad rn; cK CITY OF .. iletik--- 4..L C !' ; ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 -. (612) 937-1900 � July 24 , 1989 Northern States Power Company Attn: Mr. Marlow Peterson 5505 County Road 19 Excelsior, MN 55359 Re: Audubon Road Underground Service Agreement File No. 88-20B NSP Project/Service No. NSPC CHN IAD Dear Mr. Peterson: Enclosed please find one executed copy of the Underground Service Agreement for construction of underground power service on Audubon Road between Trunk Highway 5 and the Soo Line Railroad tracks (WO No. 332401 ) . I have taken the liberty to modify this standard agreement form to reflect the City ' s agreement on this matter. The City wishes the underground service line to be installed as a part of our Audubon roadway construction project currently underway. The cable should be located five feet east of the westerly right- of-way line of Audubon Road and coordinated with the other respective utilities which may be in that area. Mr. Bill Engelhardt of Engelhardt and Associates ( 448-8838 ) should be con- tacted for any questions concerning location of transformer pads and other elements of your construction which will exist in the right-of-way area. As we discussed, the City cannot guarantee the grade to be within four inches below the finished grade as noted in Item 2 of the service agreement, but anticipate this to be within reason for your purposes . A few other clarifications have been made to the contract as noted above. Thank you for your cooperation in this matter . We look forward to a successful installation. I trust this service line will be completed in time to meet the McGlynn Bakeries start-up schedule. The City would appreciate receiving an executed copy of this agreement prior to the initiation of construction. Also, please find enclosed the City permits for this installation and ,, corresponding fees ( $112 . 50 ) which are due at this time. Mr. Marlow Peterson July 24 , 1989 Page 2 If you have any questions , please call . Sincerely, Sincerely, CITY OF CHANHASSEN la -ry G. Warren, P.E. ity E.•• ineer GGW:ktm Attachments: 1. Underground Service Agreement. 2 . City permits ( 2) . c: Don Ashworth, City Manager Bill Engelhardt, Engelhardt and Associates Larry Fortun, NSP I I I •F 4- •+ ...3rr.,.44•.:r.t+s ask m—+Mwi UNDERGROUND SERVICE FORM Form 17-2759(10-88) In consideraton of NORTHERN STATES POWER COMPANY, hereinafter called "NSP'; extending its facilities to make volt, ,3 phase, 7SY) /f CIY1 wire underground service available to (customer) City of Chanhassen _ at (service address- . - Audnbov R4;f 454. S.9t0 L•,r i2.f, (city) ('.hanha gran the sum of -pd rhnusnra nine burl red and 00/100 Dollars ($ 1 n'l,9nQ 00 will be paid to NSP by (other than above) Game Address (other than above) 690 Coulter Dr City Chnnhnecon Zip 55317 in accordance with the following terms: 30 Days Af ter Completion_ of *hP Urulergrot,n.1 Fnci 1;ties up.s tacapf CI= r i.�tiC(CZ?: Credit Approval RecAipt of the above amount hereby acknowledged on behalf of NSP by 1. The customer hereby grants NSP the right,privilege and easement to install,operate and maintain its underground facilities on the property as described above and/or at the approximate location as shown on the attached "Exhibit A': 2. The customer also agrees that,prior to NSP starting work:(a)the route of NSP's underground installation shall be accessible to NSP's equipment;(b)all obstructions shall be removed from such route at no cost or expense to NSP;(c)ground elevation along the route shall not be a nl<more than four(4)inches below the finished grade;and(d)the area under the transformer pad shall be compacted to at least 2000 lbs./sq. ft. )Jp 3 City of Chanhassen agrees to pay At additional installation costs incurred by NSPpbe. e o (a) .•1 •.ndi • that i air t e i tallati n o •-r! •..•. f-cilities, .-h a . . f•rmat'• etc. - Ay / 'de ' •'4g, bl. ••, p. in sod or er lan ing a • o• •n •long •a .. • e ro e. it• SP ill b••. 1 tre • h w xisti oil. Co • 'action a n cable oute and oration o constructi•• area on . tomer p operty • the respo sib ity • the custom-r. (oC4 -d7 4. NSP is not responsible for any customer owned underground facilities not-mpreeed at the time service is installed. 5. The underground installation may be subject to a winter construction char a if 't is installed between October 1 and April 15. •6 -Y Of Ch r,hec�on 1 f= J)i(L t E—T' 4 0350 1 1 -t eon t this ,.h.,r 1434" : • -• • • - • - • - • - = - - •. •. . • • _ .. .NSP will waive the winter construction charge if prior to October 1st the customer is ready to accept electrical service,has executed his form and has notified NSP • in wr�ti that the requirements of Paragraph 2 hereof have been fulfilled. 6. will install NSP approved protective barriers where pad-mounted transformers are to be installed in parking area or area of vehicular traffic. 7. The underground facilities installed by NSP,shall be the property of NSP and any payments made by the customer, or his contractor, shall not entitle him to any ownership interest or rights therein. 8. Th• c s • e agr e • pa he •:t o relgr.ting any norti•n of • u d: un acil ie ad= o aces••..:.•= i n i�� —�' o r.•. ►• e s f hi alte e • >de, .•d"• s to • ,'n . 'n• p ios, c rs.•den • an • e • 'ti s hi :kes'm to n • .f t e :• pa f. itie • .c 1. C` 1_iT.�. u 1—f1i).., 9. Customer must provide the following minimum clearance around the transformer: front, 10 feet; sides and back, 2 feet; EXCEPTION:side facing building must have 30"clearance.These clearances must be at the same grade as the transfomers. If screening is to be used, the area in front of the transformer must be left open or a hinged door, easily operable by one man, must be provided. The area must be accessible 24 hours a day. $ Excess U.G. Distribution Lateral $ Winter Const. Charge (Primary Cable) (See paragraph 5) $ Excess U.G. Service Lateral $ Specific Service Location or Route $ U.G. Service Lateral $1 03.900.QOReplace Overhead Line With (Secondary Service From Utility Pole) Underground Line $ U.R.D. Installation Including $ Temporary Service KVA U.G. Service Lateral $ Other (explain) $ U.G. Distribution Lateral(Primary Cable) Trench Ft. **Customer agrees to pay monthly Residential Service Underground rate of the type of installation indicated by a double asterisk. ❑ Applicable g Not Applicable Dated this day of April 19 .R9 Date this day of 19 Customer CITY OF CHANHA N Contractor i BY .r By NSP Representative Larry Nelson Division Minnetonka NSP Proj/Serv. Na NSPC CHN IAD Const. $ Rem. $ Maint. $ Oper. $ Transf. $ Tbtal $ WHITE—Division Accoursing•CANARY—Division Distribution Enginsaring•PINK—Cuppnyr CITY OF CHANHASSEN • Permit No. A.v 1`' ) -L�►1-pb- -SS.3\• 04 APPLICATION FOR PERMIT FOR INSTALLATION OF UTILITIES OR FOR PLACING UNDERGROUND CONSTRUCTION . Name of Party or Organization performing work 1...A • Address S e_rl 1Zr l9 rl-�C EG�steZ Telephone No. 410-33 1. Nature of Work I rs ST—t-L_ c' Uti1�E��T�e�v.-4SA 0,413 L�. Type of Surface to be Disturbed C.-L.a—f Sc.) (Check type) (Gravel) (Bituminous) (Concrete) (Boulevard) 2. Location Street,Avenue and House number c.)$e 1.4 T -z. K C)r 'ST. H y,t�� S (Additional information attached when necessary) Tc4 3. Size and kind of pipe,conduit or cable I/o / L_ 3`p CPS$ L C Depth from Surface 34" Dimensions of Excavation 4. Method of Installation or Construction(including method of compaction and excavation) Machine Excavation: Yes No 5. Work to start within e - days and completed with 7 days thereafter. 6. Will detouring of traffic be necessary? r!v. If so, describe routing: For / . 4 h -7Rn\N (Applicant) Signed By Dated '7-z t-89 The date when work is completed must be reported to the person designated by municipality. AUTHORIZATION OF PERMIT Upon payment of permit fee in the amount of$ / .00 and in consideration of the agreement to comply in all respects with the Street or Alley excavation ordinances and regulations applicable covering such operations, permission is hereby granted for the work to be done as described in the above application,said work to be done in accordance with special precautions required,as hereby stated: Cc7 uS az•-4,—,2. P4vt ) /s 'G3� A QLt L 1 42, . It is expressly understood that this permit is conditioned upon replacement or restoration of the road surface to its proper condition in accordance with the appropriate rules and regulations.It is further understood that this permit is subject to revocation within ten(10)days of receipt of copy of application by the County Engineer when the permit is for work on a County Road. APPROVED A 3)1/0 �---� DATE . All requirements shown on reverse side to be complied with. White copy to applicant,yellow to Municipality Engineer,blue to Municipality Street Superintendent. Form 16 83/82 • .a. ... ._�,;... �, ii . CITY OF CHANHASSEN Permit No. ►kLe-Tt--CIA►.L -4.P_ ' 33 •7--'6.4k-77 APPLICATION FOR PERMIT FOR INSTALLATION OF UTILITIES OR FOR PLACING UNDERGROUND CONSTRUCTION . IName of Party or Organization performing work -S . Address_�s o 5 Co .T?Z, . (9 1=>c,V._ca-_(-0s t e11- Telephone No. "=E-7 q—33 1 I1. Nature of Work IN-4,-rxaL.L_jrstC 3 fl 17o 4,4— c Lc To Al(c.4-& ^-1 J 13 41 3r_lr Type of Surface to be Disturbed I (Check type) (Gravel) (Bituminous) (Concrete) (Boulevard) 2. Location Street,Avenue and House number_t,,' J&flc_<-`Y,v,S.. 'al , (Additional information attached when necessary) I 3. Size and kind of pipe,conduit or cable !/o �� p ;� ,._, b 6n, r Depth from Surface 3� Dimensions of Excavation TP� r#- I 4. Method of Installation or Construction(including method of compaction and excavation) T�E.•.!e 44(.Ltd - 42' C(„.•.t 11 V t^. I Machine Excavation: Yes X No 5. Work to start within 3� days and completed with 7 days thereafter. 6. Will detouring of traffic lie necessary? /� ) If so,describe routing: I For /Qo tT -fl 4 E rr 4 —57—AZT {�o•/.I—PC=. I (Applicant) i Signed By ' Dated 7 - z.!-a The date when work is completed must be reported to the person designated by municipality. IAUTHORIZATION OF PERMIT .�, ;yam. Upon payment of permit fee in the amount of$i / _, - and in consideration of the agreement to comply I in all respects with the Street or Alley excavation ordinances and regulations applicable covering such operations, permission is hereby granted for the work to be done as described in the above application, said work to be done in accordance with special precautions required, as hereby stated: I I I It is expressly understood that this permit is conditioned upon replacement or restoration of the road surface to its proper condition in accordance with the appropriate rules and regulations.It is further understood that this permit is subject to revocation within ten(10)days of receipt of copy of application by the County Engineer when the permit is for work on a County Road. I APPROVED A DATE t/ C'3 7 I - All requirements shown on reverse side to be complied with. White copy to applicant,yellow to Municipality Engineer, blue to Municipality Street Superintendent. I Form 16 83/82 CITY OF • , ANHAssEN .‘ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 24 , 1989 Mr. Gil Kreidberg 6444 Murray Hill Road ' Excelsior, MN 55331 Re: Water Tower Site Appraisal ' File No. PW158B Dear Gil: ' It has taken some time but please find attached a copy of the appraisal the City has had done on the easterly 210 feet of the City ' s water tower site ( the south 110 feet of Lot 31 , Murray ' Hill Addition) . As noted therein, the estimated current fair market value for this parcel is estimated to be $39 , 000 as of July 9 , 1989 . ' If you find this cost acceptable, I will have the City Attorney prepare the necessary paperwork including the purchase agreement for your execution . ' Thank you for your patience in this matter. Sincerely, CITY OF CHANHASSEN G. y Warren, P.E. ' C, ty En•ineer GGW:ktm ' Attachment: July 9 , 1989 , Appraisal c: Don Ashworth ' Roger Knutson City Council Administrative Packet ( 8/14/89 ) I . I 441 SLY- CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 24, 1989 Mr. Nicholas Gassman ' Lotus Lake Estates Homeowners Association 6800 Brule Chanhassen, MN 55317 Dear Mr. Gassman: It has come to my attention that a deck has been constructed on the ' Lotus Lake Estates Recreational Beachlot. I was contacted this spring by residents from Lotus Lake Estates questioning whether or not a deck could be located on the recreational beachlot. I explained at that ' time that it would require a variance to the shoreland ordinance, a building permit and an amendment to the conditional use permit for the recreational beachlot. No effort was made to obtain any of these required permits prior to the construction of the deck. The deck on 11 the recreational beachlot is in violation of the following: 1 . The 75 foot setback of the Shoreland Ordinance. 2 . Requirement to receive a building permit. 3 . Violation of the conditional use permit for the recreational ' beachlot. You are required to apply for a variance to the 75 foot setback, apply ' for a building permit and apply for an amendment to the conditional use permit for the recreational beachlot. Application for the variance, conditional use permit amendment and building permit must be ' made by September 11, 1989. If the city does not receive an applica- tion by that time or hear from the association, it will be necessary for this office to refer the matter to our City Attorney' s Office and the Code Enforcement Division. Should you have any questions, please feel free to contact me. ' Sincerely, v '\ ' Jo Ann Olsen Senior Planner ' cc: Don Ashworth Scott Harr Roger Knutson 1 4 CITY OF CHANHASSEN • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' + (612) 937-1900 ' July 24 , 1989 Mr. and Mrs. Jeff May 745 Pleasant View Road Chanhassen, MN 55317 Dear Mr. and Mrs. May: IThis is to confirm our conversation of Tuesday, July 18 , 1989 , in which you received materials for the wetland alteration permit application. It is my understanding that you will be submitting an application, in the near future, for a wetland alteration per- mit for the installation of a dock and an access to the dock on Lotus Lake. Should you have any questions, please feel free to contact me. ' Sincerely, ' Jo Ann Olsen Senior Planner ' JO:v cc: =Don Ashowrth I Scott Harr Roger Knutson 1 1 - A /C_t,,,, c-ek - CITY OF cc. 4ck _ 1 Mil AIN :a ASS : 17 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 690 COU August 2 , 1989 Mr. and Mrs. Jeff May 1 745 Pleasant View Road Chanhassen, MN 55317 Dear Mr. and Mrs. May: 1 During our most recent phone conversation on Monday, July 31, 1989 , I stated that I would send you a copy of our zoning ordinance con- cerning the non-conforming uses to further explain our reasoning for requiring you to receive a wetland alteration permit for the installation of your dock. Section 20-75 , titled Restoration, states that no non-conforming use, building or structure which has been damaged by fire, explosion, flood, act of God, or other calamity to the extent of more than 50% of its assessed market value may be restored. A non-conforming use, building or structure which is ' damaged to a lesser degree may be restored and its previous use con- tinued or resumed provided that restoration is completed within one year following its damage and no enlargement occurs . The dock that originally was located on your site was in such disre- pair that it needed to be replaced and the replacement did not take place within one year. Therefore, the dock that was installed to ' replace the original dock must conform with the new City Code. Specifically, the new dock must conform with the Wetland Ordinance which protects the Class A wetland located within your property adja- 1 cent to Lotus Lake. The Wetland Ordinance prohibits a dock being placed within a wetland unless a wetland alteration permit is received from the city. Also, any alteration to the wetland for access to the dock, such as filling, still requires a wetland altera- tion permit. The original dock was "grandfathered in" , but the new dock was not 1 and needs to receive the wetland alteration permit. The fact that you are replacing an existing dock and will not be further altering the wetland then what has taken place in the past helps your request ' for a wetland alteration permit. Should you have any questions , please feel free to contact me. ' Sincerely, 1 Jo Ann Olsen Senior Planner cc: Don Ashworth 1 CITY OF 1 . 1 _ fj 4;. HASSEN `\ I x 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 July 24, 1989 1 ' Mr. and Mrs . Michael Clark 695 Pleasant View Road Chanhassen, MN 55317 ' Dear Mr. and Mrs. Clark: This is to notify you that the filling that is taking place between your home and Lotus Lake is in violation of the Wetland Ordinance. The edge along the north side of Lotus Lake is a Class A wetland which is protected by the City of Chanhassen ' through its wetland ordinance. Any alteration or filling within the wetland or within 200 feet of the Class A wetland requires a wetland alteration permit. It appears that there has been filling taking place and alteration to the wetland without prior ' receipt of a wetland alteration permit. Since this is in violation of the ordinance, you must make an application to receive a wetland alteration permit which will be reviewed by the Planning Commission and City Council . Application for the wetland alteration permit must be made by September 11, 1989 . Please contact me as soon as possible to set up a meeting where I can review with you what is required for the wetland alteration permit application. Should you have any questions, please feel free to contact me. Sincerely, 1 ' Jo Ann Olsen Senior Planner JO:v 1 cc: Don .Ashworth Scott Harr ' Gary Warren Roger Knutson 1 . 1 -�y •Hoisington Group Inc. . C c.- fQ-c �' Land Use Consultants MEMO 1 I To: Herb Mason, Peggy Reilly, Don Ashworth, Jack Anderson and Jim Lasher } From: Fred Hoisington, Consultant , ISubject: Meeting with Richard Gay on 7-24-89 " Date: 7-24-89 I--,;-b ", . , ',":'1,!, , , , ,, ;,,,;p44,4 .,,4i>.,t i 1 I presented the architectural drawings to Richard • which he was most agreeable with. Then we talked about the treatment of the rear of N ' the building regarding screenin g g and loading. Richard indicated that he would not be agreeable with the screening fence because he does Ihave a need for chemical type trucks to side-load at the rear entrance. I suggested that perhaps we could extend the loading dock out to the face of the trash enclosure to allow for side loading. ' ., I We then discussed signage and Richard indicated that the alternative , , I which has Your Majesty's Valet inside the crown is, in fact, their logo and that that would be the only one of the two that would be acceptable. He indicated that their present letters are two feet (large I letters) and eighteen inches (small letters) in size and that he is concerned that the proposed letters are too small. I estimated that they are fifteen inches and ten inches in size and he asked if we Iwould consider increasing their size? I said we would look at it. He asked what we are going to do with his sign on the east end of the building and I indicated that we wished to eliminate it. He was extremely concerned about that and suggested that we will replace that sign. I indicated that we would have Jim Lasher look at the possibility of a sign to replace it. ILater in talking to Jack Anderson we agreed that an unlit sign might occur on the east elevation on the sign band but not directly on the :. side of the building. I have since asked Jim Lasher to look at putting Ia smaller sign in that location. - It 7300 Metro Blvd ,.''''' "''-1 Suite 525 � r " A"1 Edina, MN 55435 -cot. ' (612)835 9960 +1 E`x ley" 4 i` i sa2.;d.a '4.y t 6 i; ^1 ^'r ''i I;,A, 3 ,k Y i ,' ,;'N_ °;5 r a .°, i,` `—iat,,Ix;r :62JaY.tS. ..4... :444....;a'4.,...:ti p �s .. „ - Hoisington Group Inc. 1 Land Use Consultants MEMO ' To: Herb Mason, Peggy Reilly and Spence Kluegel ' From: Fred Hoisington, Consultant Subject: Status of Colonial Center Building Improvements Date: 7-24-89 As you know, construction will begin on the Colonial Center fascia probably no later than August 2, 1989. In the past few days we have met with all of the tenants regarding signage and the screening of the dumpsters and loading docks at the rear of the building and have generally come away with a good feeling that we can work out the details of these with the tenants over the next couple of weeks. You have copies of the memos summarizing the results of each one of the tenant meetings. We are still in the process of evaluating and reevaluating the treatment of the rear of the building based on our discussions with the tenants. We would also like to do a better job than simply to screen the dumpsters and loading docks and are continuing to evaluate other alternatives for that area. What may happen in this regard is that we will not complete those improvements until next year in which case we will simply retain the $7,315.00 bid for those improvements until spring. By the way, the HRA made an award of a contract at its July 20, 1989 meeting to Contract Services And Supplies. Their construction schedule calls for completion within 45 days. The big problem has to do with the pylon sign and the HRA's concerns as expressed at its July 20 meeting that it should not have to pay for that signage. I have indicated to you that the HRA would cover the cost of the new pylon sign but I am not, at this point, 100% sure that they will make such a committment. Assuming for the moment that the HRA will not cover the cost of the pylon, the alternatives are: 1) no pylon sign, 2) the same sign to paid for by Colonial Center, or 3) simply leave the present sign in place. 1 7300 Metro Blvd. 1 Suite 525 Edina.MN 55435 (612)835-9960 1 • • Pik Another alternative would be for us to go back to the HRA and make the case very well that this is an important sign and that the HRA has a vested interest in paying for it. They are all very reasonable people and will listen to arguments by the Colonial Center owners as to why that sign is important. ' While we can resolve all of the minor problems, the pylon sign issue looms as a large one because we are still holding the contracts, unsigned, and ' would like to have them signed by the City and the HRA immediately so that construction can begin. I do not want the sign or the lack of the HR A's support of that sign to terminate the project but I think you have to make a decision immediately as to whether to proceed no matter how the pylon sign question is resolved. We will need your guidance and direction in the ' near future to resolve this important issue before we enter into a contract with Contract Services And Supplies. 1 r I 2 1 I 1 PUBLIC SAFETY DEPARTMENT MINUTES JULY 21, 1989 Present: Scott Harr Mark Littfin Absent: Deb Rand Jim Chaffee Kathy Sundquist Bob Zydowsky ' Steve Nelson Carol Dunsmore Steve Kirchman Ron Julkowski Jim Thompson Carl Barke OLD BUSINESS ' Plumbing Service Lines : No decision has been made at this point. Sump Pump Pit: Carl and Steve K. have ordered stickers which will be arriving in two weeks . Property File Folders : Jim & Scott will address this issue with Don and Gary at a meeting Monday, July 24 , at 1 p.m. NEW BUSINESS Resignation: Kathy' s resignation has been accepted and an ad will be appearing in the Star Tribune Sunday, July 23 and 30. ' Goals: Jim distributed the 1989 goals and asked Public Safety per- sonnel to go over their goals to assess their accomplishments so far ' this year. Radio: A new city radio needs to be ordered for Jim Thompson ' s car. ( and fix air conditioning, too! ! ) Scott: Brainstormed the proposed door hanging tags to notify homeowners of code complaints : dog barking, weeds, sump pump ' basket, house numbers, etc. Also mentioned Paul Wallentine Construction has been issued a warning notice for the home at 7601 Erie Avenue. Ron will monitor this situation. Ron: Stated that SuperAmerica at Hwy 7 & 41 has been issued a permit extention. Will get a copy to Jim of the letter sent to Amcon. NEXT MEETING FRIDAY, JULY 28, AT 8 : 30 A.M. 1 I I 1 1 1 1 1 -- 1 1 1 1 1 i C ,4L/`-f Igda,zlriG�O„„A ra///h2ekediAL12/3/1904 AC7-6e/4*-frteCeit4d I / / r 1 /4/"Le Faw�, ws�Q mew N 04*(L 5/1--tc • 4. , July 27th , 1989 Dear Mr . Ashworth , I would 1 i ke to thank the City Council , Park and Recreation Commission , as well as all of the staff that assisted me with my Eagle Scout Project . Hopefully, my bridge will provide help and enjoyment for years to come . ' Sincerely ' Scott Dummer CC: City Council Gary Warren ' Lori Sietsema Dale Gregory Steve Ki rchman I JUL 251989 CITY OF CHANHASSEN - CE TF Acf cc 9cu - A S'A— - 1 ' Fran Hile 7061 Derby Drive Chanhassen, MN 55317 July 26, 1979 ' Lori Sietsema Park and Recreation Coordinator City of Chanhassen ' Chanhassen, MN 55317 Dear Ms. Sietsema: ' After reading the article about the Chanhassen Community Center in the July 20th issue of the Villager, I felt it necessary to voice my input to some planning ideas. Being a resident of Chanhassen with young children, I am finding many activities to do with my children outside ' of Chanhassen. One that I am sure would prove beneficial to our city is an outdoor wading pool similar to Oak Hill Park in St . Louis Park. If you would like more information about ' the pool before looking at it, please feel free to contact me at your convenience at 934-3687. My family, as well as several other families have found if very impressive and enjoyable. ' Of course and indoor swimming pool goes without question, for many purposes and a big one being swimming lessons. These are just two ideas of which may already be in the plans. I hope you will consider each of these very carefully. Thank you for your time and consideration. A Chanhassen Resident , i 5(7/4-L Fran J. Rile JUL 2 8 1989 _ CITY OF CHANHASSE.N • 1 C "iner (2) I:: c-if" f"" CHANHASSEN 4t7- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Don Ashworth , City Manager ' FROM: Gary Warren, City Engineer DATE: July 28 , 1989 ' SUBJ: Downtown Plantings File No. 86-11A-8 As you are aware, On July 26, representatives of BRW and I met with Shafer Contracting (George and Bud Mattson) to review, among ' other things, the cleaning up of weeds and removal of dead trees in the downtown area. It was confirmed by Greg Roy of BRW that the fertilization had been completed last week by Noble Nursery ' and the pH correction was not authorized due to the extreme tem- perature conditions . We reinforce the importance of seeing that the dead material is removed from the downtown area and I have ' subsequently been informed that Noble Nursery intends to be in town this Friday, July 28 , 1989 to cut and remove the dead tree stock. ' Concerning the replanting of new tree stock, two items need to be resolved. One , BRW needs to complete as soon as possible their review of the downtown plantings and present the restocking list ' to Noble Nursery so that plant material can be ordered. Apparently, an internal BRW meeting is scheduled for Tuesday, August 1 , 1989 to resolve this matter. Two, we are awaiting the fall planting season which , according to MnDOT specifications, ' commences August 15 , 1989 . In order to show some progress in a timely fashion, I have ' directed Public Works staff to remove the weeds and thistles from the downtown island areas and this should be completed by the end of this week. In all likelihood, the weeds and dead plant ' material should be pretty much eliminated from the downtown area by August 4, 1989 . The replanting effort should commence shortly after August 15 , 1989 as soon as Noble Nursery obtains their plant material. My hope is that the replanting effort is ' completed by the end of August, 1989 . I will keep you appraised of progress in this regard . ' c: Don Ringrose, BRW Gary Ehret, BRW II ' .1 �� : r I ') '=. PLANNING Hi TRANSPORTATION U ' ENGINEERING � URBAN DESIGN IBRW, INC. THRESHER SQUARE 700 THIRD STREET SOUTH MINNEAPOLIS MINNESOTA 55415 PHONE 612 370-0700 FAX 612'370-1375 I ,'1 .. +r..s;.': . i-:+ttti;%,1, 1 ;'-'4. " :4-4.1~Y 1-"0 �F .�S _a `-_, ;'J� •t,-'6 =:hi:,.. .: i"L+��n�A �`af�ae:'bs t:. t .4.4,-,,,,T,`.� ti�. .�t r, MEMORANDUM II `3 DATE: August 7, 1989 '` TO: Don Ashworth . IGary Warren FROM: -4,111.Todd Wichman, ASLA -Iv IIRE: Chanhassen Phase I Redevelopment 1; Landscape Recommendations F. 4 II (, 1) Plant material removal and replacement a. Identify all dead and marginal plantings for removal . Ib. After removal by landscape contractor, reassess streetscape prior to replacement of plant material . Ic. Substitute appropriate trees for those removed. il2) Assessment of existing design II a. Analyze sightlines, composition, location, overstory versus understory t plantings, tree species, etc. Take corrective action where necessary. b. Analyze plant bed locations adjacent to roadways, determine areas to be replanted or replaced with sod and/or concrete. 3) Maintenance by landscape contractor a. Repair landscape fabric (weed barrier). Ensure adequate coverage at } edges and back of curb locations. b. Mulch and/or remulch plant beds with 3" depth (minimum) of shredded hardwood mulch. 1 ' c. Weed existing beds and fertilize plantings to optimize plant growth. _+ `r =.yir r . 5r ... •S:'. ,a: `:r,• 1x.ya;isr f .'';:-• a:«` • IIMINNEAPOLIS DENVER PHOENIX TUCSON ST. PETERSBURG 1 Don Ashworth . 1 Gary Warren August 7, 1989 Page 2 i 4) Phases II and III Redevelopment a. Review existing design and plant material selection criteria. 1 b. Rework designs (as necessary) to make consistent with proposed Phase I changes. 1 TW/lm qf 1 1 1 1 1 1 1 1 1 I i... r` pc-ca.( LAW OFFICES IGRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L.GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 I 403 NORWEST BANK BUILDING ELLIOTT B. KNETSCH VANCE B. GRANNIS VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 I DAVID L. GRANNIS, III ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER I 'ALSO ADMITTED TO July 2 7, 1989 PRACTICE IN WISCONSIN IMr. David Peterjohn 3921 Hawthorne Circle IExcelsior, Minnesota 55331 RE: Outlot A, Kellynne Addition IDear Mr. Peterjohn: The City has decided not to prosecute Mr. Hall for mooring I his boat. To successfully prosecute someone the City must prove a violation beyond a reasonable doubt. Based upon the following considerations, we don't believe we can merit that burden: I1 . Letter from City Planner to Mr. Bohlman dated August 27, 1985. I2. Letter from Assistant City Planner to Mr. Hall dated October 18, 1988. I 3. Chanhassen City Code Section 6-27 which provides that boats may be moored overnight on any lake shore site as long as the boat is owned by the owner of a lot on the lake. IVery truly yours, e_ng, GRAN S, FARRELL I , BY: I Roger N. Knutson RNK:srn cc: Don Ashworth I .r JUL '3 1 1989 ICITY OF CHANHASSEN TEL No . Jun .20 , 89 10 :30 P .03 I i C iT Y 0 F ,,, • .I . . ..i . CHANHASsEN . .1 • . . . , •, • . .,•. , . .., • • . . 1 690 COULTER DRIVE • P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317. .... . (612) 937-1900 1 r. I ..z. _ 1 August 27 , 1985 ' 1 Mr. Cliff Bohlman 3980 Hawthorne Chanhassen, MN 55317 IDear Mr. Bohlman: I It is our understanding that you own the property known as Outlot A of the Kellynne Subdivision (Attachment #1) . According to our Zoning Ordinance, this lot is a non-conforming lot, and there- 1 fore, cannot have any structures on it without substantial variances. Your question, as I recall, was if you could store your pontoon boat on the outlot. I Upon reviewing our Water Surface Usage ordinance, Shoreland ' Management Ordinance, Beachlot Ordinance and Zoning Ordinance, there is no clear statement .preventing you to do so. If the I matter was pursued in court , I believe it would be difficult for the city to prove a violation . I The covenants for Kellynne stated that Lots 1 and 2, Block 1 , and Lot 1, Block 2 of the Kellynne Subdivision have perpetual ease- ment over and across Outlot A (Attachment #2) . Whether this still holds true after a change in ownership is a matter for your Iattorney to pursue. • Should you have any questions, please feel free to call me. ISi . a el; I ii • Barbara Dacy rt' 401 City Planner I BD:v Enclosures I . I TEL No . Jun .20 , 89 10 : 31 P . u4 1 C IT1r OF ,... . . . . . I __stis,xt . 91, . ..„.. i : ti I „ ).:. , , A. g i': ,. ' • CHANHASSEN' ..,, __ s . • 147 • CHANHASSEN MINNESOTA 55317 690 COULTER DRIVE P.O. BOX � ,� It (6i 2) 937-1900 • I October 18, 1988 • I Mr. Lyn Hall I3980 Hawthorne Excelsior, MN 55331 1 Dear Mr . Hall: • This . is to confirm that the City:'will permit you to moor your boat in front of your lakeshore property on Lake Minnewashta. I The current Zoning Ordinance permits you to do this. As you are aware, the city is reviewing an amendment to the Water 1 Surface Usage Ordinance which would limit who could moor boats on the lakes within Chanhassen. The current amendment would prohi- bit you to moor your boat in front of your property since it does 1 not contain a single family residence. The Park and Recreation Commission is reviewing this ordinance amendment and will be bringing the item back in front of the City Council for final I action. Until the ordinance is amended, and officially adopted by the City Council, you have the right to moor your boat in front of your property. • IShould you have any questions, please feel free to contact me. Sincerely, ,, 1 r6 Q,?,,fi ( I Jo nn Olsen Assistant City Planner J0:/4 i 1 ., 1 . I ...., , CITY OF c - t,�c •„..,‘ CHANHASSEN' 1 � rv. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Jim Chaffee, Public Safety Director ./ 1 DATE: July 27, 1989 SUBJ: Frontier Homes This is an update on Public Safety's attempt to rectify problems some citizens have had with the Frontier Homes Corporation in the Saddlebrook area. You may remember that we had advised Frontier Homes we would not be issuing any more permits until such time that they corrected code problems with the concerned homeowners . We have since met with principals of the Frontier Corporation and the homeowners who have expressed concerns. Although we have been promised by the corporation that they will take care of the 1 problems outlined by the citizen complaints, we have been informed by the citizens that they have not been receiving satis- factory compliance. As you may further remember, the newspapers 1 printed an article about Public Safety's role in scrutinizing Frontier Homes. When the article went to press, other homeowners in Eden Prairie read it and 42 of them contacted Chris Burns of 1 the Sailor to outline their complaints with Frontier Homes. I have since been informed that residents in Burnsville who have built with Frontier are now calling the City with their complaints. 1 On June 24, 1989, I received a call from Mrs . Lori Glaros who contacted me originally with the complaint about Frontier . She 1 indicated that she has received a letter from Frontier Company lawyers indicating their desire to go before a binding arbitra- tion board. They have indicated in their letter that the board would consist of certain interested parties and they included the 1 Public Safety Director for the City of Chanhassen as a member of that board. I have not received any notification whatsoever from Frontier Companies or their attorneys indicating their desire to have me serve on a binding arbitration board. In any case, I would decline to do so for obvious reasons. 1 I I Mr. Don Ashworth, City Manager I July 27, 1989 Page 2 1 On July 21, 1989, Ron Julkowski received the attached letter from Mr . & Mrs . Dean Goetze, also Saddlebrook homeowners. Needless to say after reading the letter, these citizens are not happy with Frontier Homes . At this point we are advising the residents when they call that if there are no specific code problems that we can legally handle, then there best alternative is to seek redress through the justice system. I 1 I 1 I Mr. & Mrs. Dean Goetze I 7271 Trotters Circle Chanhassen, MN 55317 II July 19, 1989 RE;EIVED Frontier Midwest Homes Corporation 3902 Cedarvale Drive IIEagan, MN 55112 JUL 2 1 199 To Whom It May Concern: CH NHASSEN ELT SARTY 1 On May 31, 1989, againest our better judgement, we closed on the property on 7271 Trotters Circle. We had inspected the property with the supervisor, IIJim, on the 27th of May and found the interior of the premises to be "filthy" and unlivable. This condition was left by the workmen and ignored IIby the clean—up crew. We were advised by an agent of Frontier Homes to clean the home ourselves and that Frontier Homes would reimburse us the for time Iand materials. We agreed to do the cleaning only because it would allow us to occupy the home the following day, May 31, 1989, after closing. IIWhen we arrived to move in after closing, we were greeted by a sign stating the property was not fit for habitation and, therefore, closed to occupancy II until corrections to violations were made by the builder/contractor. Another agent of Frontier Homes, Scott, told us to go to a motel for that night II and/or as many days as it would take to get the violations corrected. We had no choice but to take this advise since we had already vacated our previous home. Frontier Homes agreed to reimburse us for this expense also, and we 11 have yet to receive compensation. At the time of closing, we extended to the realtor a list of things that Ineeded immediate attention. We were assured these problems would be taken care of within a short period of time. The following items were noted IIon the list at the time of closing: Water in the basement (which is still there), window wells fill up with water evertime it rains. The yard II grading slopes into the house and not away. The roof, where it joins the house and garage, has holes in the shingles and tarpaper. There is a hole in the second floor bathroom. The workmanship on the brickwork IIand masonary on the fireplace hearth is very poor. Numerous calls have been placed to both your office, Carolyn Tidquist and your II supervisor, Jim. We have gotten no response from you, nothing has been fixed and the lies and broken promises have become to much. Your advertisement on I .I TV regarding value, quality and guarantee is fraudulent and is in direct �J vioulation of FCC regulations. The next person I will contact is an attorney. 11 Page 2 Frontier Midwest Homes Corporation July 19, 1989 Mr. Paul Oakes, Vice President, called me on July 12, 1989 and said he would I be out to inspect said problems on July 13th or 14th. He never showed up or had the courtesy to call and explain. Another lie and promise broken ' by Frontier Homes Corporation. We are a young hard working and obviously naive homeowners to this point, but things must be changed and changed very rapidly before we start exchanging conversation through the court system. We are not alone, I know, and I am , embarrassed by the notoriety you folks have subjected us to through newspaper articles criticizing your actions with your many homebuyers. I have called in an independent roofer/contractor and have been informed the holes in the shingles and tarpaper are from construction defects and must be repaired soon. We also were advised by Mr. Paul Oakes to put up rain gutters if we wanted to solve the water problem. The rain gutters would be at our own expense. Anyone can see by driving through all these new developments through- I out the Metro area, very few new homes need or have rain gutters and especially when the water problem is caused by improper grading of the lot. We have also , had a dehumidifier running full time since we moved in and it does nothing for our water problem in the basement. 1 We would like a representative with some authority to contact us at this point, we will give you until August 15, 1989 to correct our problems and get I these things resolved. If this letter falls on "deaf" ears, we will go to whatever means necessary to make sure this will never happen to naive young homebuyers- in any of the areas where Frontier Homes Midwest operates. • 0Jill & Dean Goetze Saddlebrook Development Homeowner JRG/bd I cc: Attorney Generals Office Consumer Protection Division City of Chanhassen - Inspections Department I ao II e 3 .k'... 6 residents complain about builder Aden Prairie, res p 3 � 1,f r3. S �x^4 Residents say Frontier Homes x � „,.1.; ° ` y �� Company says h YN . , it will honor don't fix things fast enough �� ' ' a r commitments 1 � z s F to , �, i t . - B� Christopher Burns �a Bill Theobald wanted to carry his wife across the 1;44 - ' « By Christopher Burns threshold to celebrate the purchase of their new Eden "A f Paul Oakes, vice president 5F : ��� 3 h.C'M n k Prairie home, but the key the couple was given didn't fit. �. ra. : Y ...-All ls` r . . Y of Frontier Homes, says• 11 r� �* � i. x V° „ , ,i F many of the complaints by "We had to go in through the garage door,” recalled s k �, A 4e, a residents are a result of Veronica Theobald. "growing pains" within the Z 9 1 1i .,«� � � � ����< � s � �> ��� ' company. That key turned out to be the Frontier Homes of Eagan, M r � .,3h Frontier, which was has fixed K ,,, �.�, least of the Theobald's pro- which built the home, IF,� ,� � � : t ��,�� b 3�,����,� �'; � �,, started in 1984, is now blems. Once inside the couple most of the problems the A4',iZt x: '> �. " MN • _ � ,' : building houses 8 , different w found the house hadn't been Theobalds had But after more Y ` � �� i communities throughout the cleaned up after the building than a year since they closed on , , � \� N 9 q,,, y . fi communities Cities.throughout had crews One of the toilets was their house, the Teobald's say, ,..1‘.;, " t; ° n ' ; . t -3 r 3 7( .t' t 1 f r �y,, F , �„ JI some quick growth, Oakes covered with feces. The the company still has not �.� :� -,4)4,,��� � - w I heobalds said they spent more painted their front door the right r* � `: z s ', , ,, saHe said the company's ser than four hours cleaning up. color or installed foam inserts in if t� xW vice department has not kept "We were disgusted with the an upstairs window. ." ! _ r +tya �. 1""`::',6'0V'' up with that growth. "W'e're filth," Veronica Theobald said The Theobald's experiences x, : ,` --„,...,•,:,x a ‘3„,,, ,,„..::: , ,;.:.,„,,,,, ,„.,41,s L . »3 the process of making it e by other owners of -� r r ' r ,..'- ,a �� 4 better service department,a a But beyond the dirt and the are echoed y obscenities scrawled on the Frontier built homes in Eden of u �, 1 X F,,,, 0� ,; .y�� , w ,,fT ,, Oakes said. He said Frontier a myriad of Prairie and Chanhassen. Forty l'` ." 4 ` ,4t t" - ' `�4�, . ;.4;1 basement wall were yr 'C7'0 f � v, A� gA 'A,i, 'f., ;4' ° x ° , will be hiring new service details that were unfinished—a two homeowners in Eden j � � °, s ':,!'":,,,,t,.'„1%;', :,!"...,.., department personnel. bedroom without a door, un- Prairie's Hidden Glen Develop , ,,yA�' ,q K ; ' = , `'a painted woodwork, incomplete ment say they have repair work :4#4, °t 1n OAKES:To page 12A caulking on the outside, loose FRONTIER:To page 12A Randy and Jeanette Harris with their daughter Elizabeth window trim. • L. • .. 4 ., ... , •"L-;. 1 I � 17A-epanruise S& -Wed..Juno 2e tae I •_ Frontier: Residents seek repainting, driveway repairs Free,Me U LltszI • • that Flpritler his not completed i' LL 7 bless ate aesthetic.a Six Chanhassen residents have ti,t tc - ..-.`;.7-'-'..: �... .�--.. - bug u they don't involve is with reported unresolved problems -y, t t b� � � _, _-_ ..•_ the city and Wert is (See accompanying story,home t.. �_ • -•+. - others•The majority of residents' .-�4`e t -••�` -•-,•••s+••�,•� '-, ,-,Y frustration with lack complaints involve Cr w< - - - - rename finishing t .., _ .j y:.: :•r.,., from the homebuilder.'IM�Y teaches that were never coin- ?r�.: :,a:t,j j: - - repeated phone calls and pleted, delays In getting the i•�.. ` her-. _. ' •.; have not brought tier a•wort done,and tailors by the xx••.. ..•_ ;/ _ ` _ You call Frontier a -. company residents.y Thee cis ommunicate with a s _ - cm's eau you bask.Thaw a only one ' central �„ reported incident Involving a _ 1[i,�Ji h ..�` - r - mmpairod structural problem .. ,- -`-_f�.—�r�;� •emits v a From.a ¢i Le....,...... i rima.l _ � _ ,fly+ ,s-•- Horses in the H{ddat•tier Home:whether the problem , �` 1 F.,,,c •`:'-d Development are in the was caused by the company or -'- k-es to f10rAid pose range the homeowner is N dispute. '� :s h -'�+••'+ � +•••� are g problems in the . _• deli residents buyers. They said Hidden Glen development in- _t _ relied ao the advice d teal chide eRtalor painting �'- d ' peeling, erior that ';' h teeif.,,.'n .x -a a estate agents and the Better palled.final grading that has �•• *' •'c -'ai!.. 'A l;aa x.-,, r k ,` _ width Frontier Thee say•not been completed, and 'a°�"-•"''L-+'° - J �.- . ,u• sidewalks and driveways that •YD•' tv `s ...c s.'r " '•. i ;T f.'t•';')'''-':1 1, was ierna advance theY on have settled and need repair. •`a'•erEw -•_ ..-+„may !? ae. - - c .. impede: the.s :;" a�"You u Like the Theobalds,several d ` - - t':• ..�-}'`-'•• - You see the movie "The the homeowners have their own Settling cog bra taiga cadre Memnon for raved IBddea GIs reddens,(Pees by�amegew Bum/ Kerrey Pig"a you laugh but list of things still not completed we're jiving d en•said Hams • several months after Uesult: don't have shutters for a home Malt Way b Harris'house The Hidden Glen •Gary and Amy Erickson have they closed on in December aides,the results what David an cracked.The driveway has have eveloped lists of work of iapie it i and backyard.finale Wee The paint on the e:team of Janisrewski said is an Improper separated from the garages resume unfiished.Hams War- other items they say need to be after began peeling three :fling pattern. The exterior creating what Jeanette Horns the group wW submit the Wan completed,th r items from s need installing •may say,and they moved has not above the garage remake In• referred to u a"speed Tani." matron to Frontier Hanes.the shelves the from closet al re- yet followed say and up on its painted,and the grading is pit- The Harris'other mmpiNts to- Minneapolis Builders Aswan. shelves the house.They closed promise to �toward the west the elude two living'nom windows dcs,the city of Eden Pr on their the house in October closed repaint that stick. The siding on David and Janet say has caused and the attorney general's •Peter and Jeneann Beyl still Janl•r•,.,•u's home on Chem •'jhe sidewalk to Randy Jeanette Harris said Eden lice. Bandy add Prairie impcctieti officials have City officials say their power in dispute is limited Oakes: • By Christopher Burris From Peke IA Dealing with Frontier Homes "Their priority is build, i .A ra ` s`�• Oakes said the cornea his left a sour taste N the mouth build,build and the • .µ . " t'Z,`, needs to do a better job of- lptdmcmvns j relleifeebitibir back T Y - " -- hewing residents he wften rut'. '°"(`A'',Ai d'never hair up work Will be done. I( another home from them tO fir things because - anything, what wt when is again,"Glares stated Flatly. o"a"th communication as to when• "I'm(air and reasonable.but there's no money in •wL� r-�" ,�.' y?-,c 7:�`• - y will be done."he said. when they don't give me that," •: -'mod n�•,,c' Oakes said Frontier wool•schedules and they don't return -.a ` ' -Tun Gram. / "alit '_s _�1.,.•'r"•-1e.'..t not shirk its responsibility t my calls - d just becomes ' ._••�••`•`-,9L - ti, ....c.11---,o - complete the work it has What's the excused the day:" `:. •'i 1.,- •'":e_�S7•-Sr a{ a a P meat's - •- r.--",,"+•:.:%-:11'.............. •- ..-C_ agreed realize al but that residents Oakes noted that Frontier is ` must raasize lot d t coin- List week Glares said he had paying for the cast of repair -f '.i s •'7 ; rte.y-......••:- pane is also obligated to a list of 1e items that Frontier Glamor said construction •-ir e,a _..--1'-- .` F . piece work the process new buy needed to fix before he would be workers at the site told him it r-, -t-_:n,,/ � who are al Went escrow of Cl satisfied."A lot of it is minor was a good idea to water the 1eq.Heaaidor cling•repair work,"he said."If they floor so that dirt would settle •�J - required for closing pa could get off their can they could and thus avoid cracks after the •tr �•!/'•,• a• - driveways,will exterior ppinting,• get it all done in a day." cement floor had been put in.He - z� ...�..'-,,.,.. grading-will take pnanty Chains'complaints echo those said the well cracked only after V ' '• ti..�• over eepmir.•of other Chanhassen residents a bobcat loader was seed. He e.+i' •_ _ ••�'� 11- -=: �.. "-S The dips in result GI and Eden Prune residents in maintains the reason the wall - _ ^v ," • :kw. driveways iouys We•agree result of set the Hidden Glen Development. cracked was because there was '}e s Y -'+ ' all hose"repairs,"agree b eke (See accompanying story) ? six tiHes said Oakes s•Pa Yin4 stn ) ro backfWing against the out- , i_.-•� � e �:�'� �.�.??;:�••�- '"Ihe problem with Frontier is aide exterior side of the wall. : •- • - - I;' •?1•,. • - said He said paving drake they're not people-and service. Glaee had also complamed ••••,...-•:•-•O,r ••,...•-:t.•`•..•„.• •••`^_•s•' should repairs available Jto une make oriented,"said Glare."They're about Frontier's repair d a floor ac, -, t's•'�'",.; yreJuly. in late June•harpy to take your money,but squeak.The company fixed the •- r•i_, ' f w •• -a.s' • y.•when it comes to follow-up work -4{" • e• • •' _se Oakes said Frontier b when needed.You P squeak by driving a finWUng Chanhassen rewdents Led and Tim Glaeosare wdtaig for Frentaer to er.smog the cootie it.Their Y )iist don't get nail through the carpet into old pnonty is build,build floor. nv7ntwW an air ro"rUpplpR unit and fa 17 other Items,IfTots by •••"'"'"'"`•''homes N Redden build:and the heck with coming We don't consider that a bad Christopher Buns) Glen. He sand the peeing hack to fix things because practice," Oakes said. The Assistant Public Safety Diime• government can do when paint inn was probably the result no money in that." squeak was on the second floor for Scott flare said in Complaints that Glares had and crews couldn't put a wedge plaints received dealt corn- builders not of j swctws when it was when cold. ain about his new home in the Sad- under the floor boards.Oakes aesthetics-scratches on walls, nature."Building codes are set know H wr crew mould dlebrook subdivision prompted said the only other option would incomplete final grades. up (or muunsum life-sal repaint Hidden ih Glen Ironies. Chanhassen Public Safety have been to roll back the "Basically they've been final- (structural) standards. sty Oakes said complaints wasintc by Director Jun Chaffee last month carpeting and secure the board They ed about"Our intent not to wdlold certificates of no- with a screw Ile said Frontier's completed cos,that have on.been don't address f wo kris on.or the residents."Thu intent i .," copanry for homes recently method of fixing the squeak is satisfy homeowners," � to quality of workmarohtp"Yid to create that feel built by Frtmuer, lea damaging to carpeting. said.y homeowners'" Harr Schmneg. he said."I do feel there are Glare called the city after• "It handles it completely.It is "There Is nothing that Is a hornebuvers should tats some cmoe Oakes said that anyWrg garage wall cracked and towed, much less damaging W nhao fete glaring direct violation d code. precautions before elating on norther Frontier has since rebuilt the ca I'm not aware d any s "does find wrong wall at its owe expense. The ng it off and stretching it back." Y t+7e acid, new hems. He paid and agree b do" p be cause of the cracking a N he Yid violation and Harr h he met hen selves need to pr- was.He said to the dispute.Frontier Vice President Following the complaint from with(takes to idisc discus the coin. themselves Defter. was not,butt that stud doing Scott Oakes attributes the pro Glare., Chaffee had surveys Halt time eknow homeowners l don't the work,me wners bats blem to pregame from watering sent to residents of the other is pained Harr a to flake the at. have all the k sour ge Sense by homeowners get•l caa dirt Inside the garage prior to hose built by Frontier N GSA•desire to renew y. man an Now of with • gusts f."1 get•ass cif n• Karma the cement floor Chen/urea. Chaffee sad Last problems."I Wok"Frontier try., minimum amaze te nsnmy in gusts for Wrw WAS ain't put a tier weer that au residents respond- n'..said Harr "Frontier eon. a MTh*lot m need he in with „�,yy du,�� The tnornepwlier pored• tunas b tell tel Use hWY Wired a tyros hat roe,"M Yd on ha garage floor.under his ed with complaints stag the to satisfy Use cvtornon;put• "We arcs tY ty•a a Yid own vohuore and let it nor for an company. number raw Be wary of flab said the /Big we Hems,'" he added. weed to by Eden extended paned,"Oaken Yd -The eompaalga basically [eueefed•ensmw b be 'Iltnt we an saying worse sue emsplakee I don't fed it's Frontier's were that Woe was no follow Chaffee and Iraq'3drmbg, Bra wort in benpleetd Mean Mr�.ee ray tespewibsny entirely."Despite through cum they moved in Eds Prelate's director of yertlsa Oboe they beam& Fns abe and reamer a ld his belief that Glarus had wall U�Thornier lad back to is not moth we're Use elk Use Weft" be Mb% y radon i the for tie � btM� r.•sfM .-' e Mi .. - •an. _._ __, 4Fs aa.a1 I , IChanhassen, Excelsior/Shorewood Sailor—Week of May 29, 1989-11A City investigates . I Frontier Co mpanies I I By Christopher Burns driven through the carpet into the floor. Another problem in- Chanhassen homes built by volved a central-air- the Frontier Cos. are being conditioning unit that had fallen I scrutinized by the city's Public from its platform and was hang- Safety Department. ing by a cable. Chanhassen Public Safety Frontier has built 25 homes in Director Jim Chaffee is the city—all in the Saddlebrook I witholding certificates of oc- subdivision. Chaffee said the ci- cupancy for homes built recent- ty would send letters to all ly by the Eagan-based construe- owners of Frontier-built homes tion company until problems to determine if other residents I with a homeowner in the Sad- had unresolved problems with dlebrook subdivision are the builder. resolved. "We're trying to get a handle , The suspension was prompted on Frontier Homes.Right now it I by complaints by Tim Glarus appears just to be lack of follow- about a house Frontier built at up with a homeowner,"he said. 1 940 Saddlebrook Pass. Glarus Chaffee said suspending cer- called the city after a garage tificates of occupancy is one of I wall cracked and bowed.He also the few leverage points the city reported 16 other problems with has with builders. the house,.which he said Fron- "Once someone closes [on the tier had failed to respond to. sale of the house],we're kind of Chaffee toured the home, and out of the game,and there's not in a memo to City Manager Don a whole lot that can be done,"he Ashworth,stated that one of the said. I "most glaring examples of poor Frontier Cos. was founded in construction techniques"involv- 1983. A Better Business Bureau ed Frontier's fixing of a floor representative said the corn- squeak. Instead of putting a pany has no unanswered corn- I wedge in, or screwing the floor plaints in its file. boards in, a finishing nail was 1 I I I I I dr I . I s /`4 Hoisington Group Inc. . cc ,e, oz .-,,,% - N 4 Land Use Consultants MEMO I To: Herb Mason, Peggy Reilly, Spence Kluegel, Don Ashworth and Jack Anderson i From: Fred Hoisington, Consultant ISubject: Meeting with Jane and Dick Rusch, Chalet Pizza, on 7-20-89 Date: 7-2 1 -8 9 Present: Jack Anderson, EOS Corporation IJim Lasher, LSA Design ;=. ; s.xa Fred tf oisington We began by explaining the proposed architectural treatment for the front '" I of the building and Dick Rusch asked if the windows were to be large ''— panes of glass rather than smaller panes with mullions? He explained that . the air conditioner projects out of one of the present smaller panes. I Iindicated that we had discussed this with Peggy Reilly and that she had agreed that Chalet Pizza would have to have a roof-top unit. I asked the I Ruschs to work that problem out with Herb Mason in the near future so that we could do the work and not have to accommodate the air conditioner. II asked about the pop machine and the sand barrel and the Ruschs thought the barrel belonged to the City. I indicated that we would investigate that Ifurther. Chalet Pizza also has the pop machine that is on the sidewalk and I indicated to them that the pop machine would have to be go. They agreed that they would handle it in some other fashion. Regarding the cable television di op-box, the Ruschs know nothing about how or why that was built in front of their store. I asked Jack Anderson to • contact the cable company and have them remove it. I Regarding screening at the rear of the building, the Ruschs were very agreeable with the proposed treatment including the screening of the back I stairway and loading dock area. They indicated that they do not use the . rear door because it is inoperable. They explained that they take their trash out the front door and around to the back and that all deliveries are I made through the front door. I indicated that I would make contact with Herb Mason regarding correcting the rear door problem. If for,no other reason than fire safety, this door needs to be made operable imni'ediately. , .. • 7300 Metro Blvd. wT^s" '"* Suite 525 - - _ --'•�'�=. Edina, MN 55435 }_ j o-`; (612)835-9960 ,,;. '- .,. ..''''':(1-4,.-r °, , ,aiW gi+r':.. x� -,t: .. .�{ #ti�13 t!36<ss;., .ia:e.` 4.k.s4?4v' -' h `t i` Y'� '' t I Jim Lasher then presented the signage concept for the fascia of Chalet Pizza. He explained that it is proposed to have individually lit letters and that it could include a pizza symbol. Two concepts were presented and the • Ruschs discarded one immediately. We gave them copies of the remaining one and they indicated that they would review it and get back to Jim with 1 regard to suggested changes. • We talked some about scheduling as it relates to keeping the business open and I said that it would be a very difficult schedule and one that would be disruptive to their business for a period of 6-8 weeks. I explained that the contractors have been instructed to maintain access at all times as I well as limited parking. I also, however, indicated that there would be a definite impact on their business during the period of construction. I reminded them of the 9:00 a.m., July 24 meeting at City Hall to discuss , scheduling. The meeting went extremely well and the Ruschs seemed very pleased I with the proposals. While they did not say anything about the signage, they did appear to have some reservations about it but we can work those I difficulties out with them over the next couple of weeks. All in all, it went very well and they seemed pleased with the proposed improvements. • • 2 ai_gat , ".44 —�Y.J: -`- k _ ssre,'S3" _ ' r i ' � , Y '`' Hoisington Group Inc. st,,,t Iti f W Land Use Consultants MEMO I To: Herb Mason, Peggy Reilly, Spence Kluegel, Don Ashworth and Jack Anderson A. From: Fred Hoisington, Consultant : "'�4 ISubject: Meeting with Bill Moleen, General Manager for Kenny's Markets on 7-19-89 Date: 7-20-89 I Present: Jack . u.' � ack Anderson, EOS Corporation i;;;.; 'i.'y'4 ) 1 red r:tl�liYG iib&V•* ; s ■ - . . We first presented the architectural drawings for comment by Bill and he I expressed grave concerns about the absence of mullions in the front windows. He explained that he would be responsible for replacement in the case of breakage and that his insurance would also be high because of , Ithe size of the window panes. He suggested that we at least have some . mullions to minimize future costs. We then talked about the rear of the building and the efforts to screen the . dumpsters and loading docks in anticipation that there would be an I increase in traffic behind the building in the future. We showed Bill how we were proposing to enclose the dumpster at his west loading dock and he explained that the size of the enclosure would make it very difficult for Ihim to side-load at that dock. After considerably more discussion we agreed that we should place the dumpster at the easterly Kenny's loading - dock and that Jack would look at or work with the waste company that serves __Kenny's to see if we could employ a two-dumpster concept instead of vile. IWe discussed the possibility of extending the easterly loadin g dock out , flush with the dumpster enclosure to allow for side-loading and also to I provide a better loading dock in the event Kenny's shrinks down into a - lesser space. We indicated that if we do that we would want to have the existing dumpster at the west end eliminated immediately. Bill indicated Ithat he would be willing to do that if the concept works. Jack is going to . - draft another screening concept for the dumpsters and the loading dock area for circulation to Kenny's for review and comment. We also discussed _ , •_ I the use of pipe-railing on both loading docks to improve their appearance. �'�.:� 4 i S� ,,,Y 7300 Metro Blvd. fte.C':.t V tC� _,,,^ 31i Suite 525 yw M1t_ Edina,MN 55435 `, a ' (612)835-9960 ! Jul_ 2 4 i989y r•: .-.1µ =" �l FSaL•.�f. �-tiR fi••.8" wV��Y�Y - } 't -t '�. u3 1 We then went on to talk about the propane gas storage cabinet located on the sidewalk as well as the newspaper dispenser. I indicated to Bill that the gas storage cabinet absolutely must go but that we could probably live with the newspaper stand. He agreed that the cabinet would have to go given the improvements to the building. We then talked about the signage and I showed him two alternatives for 111 Kenny's signage with signs under each of the two westerly peaks (concepts enclosed). I explained that while the signage was not nearly so large as they presently have, the, overall impact would be just great. Bill had no •�N ( ,apparent hoa'cc 1v '-er tk`•; i f t - s• ;i�E:,; •'Y ��FVa .fats .size • �F O 1'P a ^ ^P O YF ... P jar f � 1!A the but did express •�J(:d54 �'.E�i.�1✓rHJ -. about not having signage directly over their entrance. ` I explained that we had anticipated that the signage over the main entrance would say "Colonial Center" to make the connection between the center and the pylon sign. After some further discussion and some better understanding of Kenny's future plans to reduce the size of the Kenny's operation, it seems appropriate that we would include signage for Kenny's ' under the main peak and the first one to the left. I indicated that I would have our sign designer review this alternative and that I would make contact with the owners regarding sign location. If Kenny's shrinks its space by approximately one-third and moves its entire operation into the easterly two-thirds of its present space, it makes sense for the signage to be located over their entry as requested. This would leave the potentially vacated space at the west end of the building ' available for another user and another entry. The signage for that new user would then occur on the sign band over their entry door which we assume_ would be below the westerly peak. Please 'review this and let me know whether you have any concerns about any of the above. It would be good to bring the Kenny's matter to a head before we bid the signage. If you have comments, please call me at your earliest convenience at 835-9960. .1 2 -r -_1 ti 4 fir .* Y • - - } .r!- � ,„+�`. •+.u' h J ~ ,_11 K_ F.: ,a}` :4 -�€ 3 1 CITY OF - - t WHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 August 2, 1989 Mr. Mark VanHoef North West Nursery Wholesale 9150 Great Plains Boulevard Chanhassen, MN 55317 ' Dear Mark: On Friday, July 28 , 1989, the City was informed that filling was taking place on your nursery site. There was concern as to whether the filling was occurring within protected wetlands and if it was in violation of your conditional use permit. The ' Building Department visited the site on Friday, July 28, 1989 and was instructed by my department to place a stop work order until it could be determined if the filling was in violation of the conditional use permit and/or the wetland ordinance. It was also determined on Friday that stockpiling of the dirt from trucks entering the site that day could continue, but could not be ' placed near the area where the filling was occurring and that nothing could occur until proper erosion control was in place. I visited the site on Monday, July 31, 1989 with Steve Kirchman, ' Building Inspector. Upon visiting the site it was found that filling was still occurring on site, that filling had gone beyond where it was stopped on Friday, and that the erosion control was ' not properly installed. At that time we replaced the stop work order sign from where it had been moved to the edge of the filled area and instructed employees on the site that all filling was to ' cease and that no more dumping of fill could take place. The area that is being filled is not in a protected wetland but is directly adjacent to one, and the filling is an expansion of the site over what was approved as a part of the 1985 conditional use ' permit. Therefore, what occurred on site is in violation of both the wetland ordinance and the 1985 conditional use permit. Your conditional use permit and a wetland alteration permit were reviewed by the Planning Commission in January, 1989 . Staff had directed you to go through this process since filling of the wetlands had occurred and you wished to further expand the con- ditional use permit. At the Planning Commission meeting in January, 1989, there were many issues brought up over what r actually was permitted on site, drainage issues with neighboring II ..,#►NPVSfar,;ffi Yet.443 1 Mr. Mark VanHoef August 2, 1989 Page 2 residences, etc. and the ,item was tabled until further infor- mation could be provided to the Planning Commission. The City then received a letter from you dated January 25 , 1989, requesting that the application be postponed until fall of 1989. The Planning Department required you to make application to the City because of the expansion of the conditional use permit and the filling of a protected wetlands . Therefore, extension to the application should not have occurred and the Planning staff should have actively been pursuing the application. Since new violations have occurred on the site, it is necessary for the City to again require you to provide the information requested at the January Planning Commission and that the application con- tinue. Staff is requesting that the revised site plan and infor- mation requested by the Planning Commission in January, 1989 be submitted by the September 25 , 1989 application deadline. The following are items that need to be submitted with the applica- tion: 1. Submittal of a new site plan that is legible and complies with the site plan requirements of the Zoning Code. Enclosed please find a site plan checklist. 2 . The site plan should clearly depict the location of all structures, existing topography, proposed grading and drainage improvements, and label each of the growing areas. 3 . Detailed reasons and justification for the wetland alteration permit. Enclosed please find a detailed questionnaire for this purpose. 4. Provide grading and drainage plans addressing the issue raised by the property owner across from your site. ' 5 . Provide a detailed description of your business, specifically addressing hours of operation , truck traffic, material handling, typical length of time that materials are grown on site, irrigation methods used on site, storage of materials and number of employees. 6 . Provide justification that your business is a wholesale nur- sery pursuant to the City Code. Enclosed please find copies of the definition for both a wholesale nursery and contrac- tor' s yard and standards for such conditional use permits. 1 1 1 Mr. Mark VanHoef August 2, 1989 Page 3 7. Address how our y application complies with the conditional use permit standards and Sections 20-232 and 20-257. 1 8 . The proposed site plan should include a property P Y surve .y 1 Please feel free to call me if you have any questions. Sincerely, 1 Jo Ann Olsen 1 Senior Planner JO:k 1 cc : Don Ashworth, City Manager Scott Harr, Assistant Public Safety Director 1 1 1 1 1 1 1 1 1 I . 1 rkt'k ' 8- z,zA W,�►•'�' $ Irk (0 r-V- � i ,�tiT L—1_ c.J • 'u t:: :•Y:'' PLANNING ;f"w�± n jM TRANSPORTATION 'C' ° ° ��• '•� ENGINEERING �—�—J URBAN DESIGN IBRW, INC. - THRESHER SQUARE 700 THIRD STREET SOUTH MINNEAPOLIS.MINNESOTA 55415 PHONE. 612/370-0700 FAX 612/370.1378 IJuly 26, 1989k J,..,_;I fll Le�'f' I Mr. Vern Reiter St. Paul District, Corps of Engineers 'i UL `� ] 1421 USPO and Custom House `' � � IISt. Paul , MN 55101-1479 " /} . RE: COE File No. 89-2981N-74 II City of Chanhassen: Construction of Lake Drive East; • unnamed wetlands Sec. 14, T. 116N. , R. 23 W. ; Carver County, MN. IDear Mr. Reiter: II On July 14, 1989, Paul Richert of the COE and I checked the delineation of two wetlands in Chanhassen to be affected by the future construction of Lake Drive East of TH 101 (Market Boulevard) This field verification was in response to a request made by Paul Burke of the US Fish and Wildlife Service. IIThe location of these wetlands is shown in Figure 7. This figure is a revision of Figure 7 previously submitted to the Fish and Wildlife Service along with correspondence dated June 20, 1989. The configuration and acreage of this Iwetland has been revised as a result of the field review with Paul Richert. The intersection of Lake Drive East and Market Boulevard has been shifted north ' as shown to minimize the encroachment into the southerly wetland. Two alter- native locations for the future construction of Lake Drive East are shown. The construction of this road segment east of the intersection is expected to occur in the future when a specific development proposal is submitted to the City by I the property owner. At present no such proposals have been received or are being considered by the City. IShould you have any questions regarding the revisions, please call me. Sincerely, IIBRW, INC. Franklin' 5vob oda CWB Certified Wildlife Biologist JUL. FJS/sk b 1989 II cc: Paul Burke, USFWS t;1T_Y..OF PV CHANHASSE JoAnn Olson, City of Chanhassen ,. AN AFFILIATE OF THE BENNETT.RINGROSE.WOLSFELD.JARVIS GARDNER INC GROUP - DAVIDJ BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A AMUNDSEN DONALD E HUNT MARK G SWENSON JOHN B McNAMARA RICHARD 0 PILGRIM DALE N BECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C BLUM DAVID L GRAHAM I MINNEAPOLIS DENVER PHOENIX TUCSON ST. 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'42.t...;',:041:0101kMibarr!fikVii;WV 1 i I - -----•- •' ,-'',''',III',",'LIT ''1.4c;..5,01::•.4,11.C"1%. i i ' f L) 1 _a-,,. ..4.,., ;...-.., I •--'--5,g.igr::-E,441?m:::,:voirtgAiievraval::1' 1 („1 .i / , 4- 11, To „.. ■c) \ '''''''-'74511.13.7.111;1:111''' .' I \ .\ /1 1 111 0 r." ,.... < :13 M Xi M -ri 'NI / sk to - p • .. 1 • rioi.pae. \\C:j/1 killigar...7, . . 4:3-0,yotik / \\ \ IN,:-1?!.elAri / -,145?-i;::::,..;;S:z.:. . ..'7.:7 . •, , 1 L.42. 1 \ •.,.. . 1 in 1 1\ 07- 1 .„....,...1:, 4, ...,., .4? , .•::,„ i: , - , ._.....GAmwrbgt4, . Adiddieis x' N / A I— \ C1 I 1.‘ --..".. .- ' Ys 0 ....,.._. -7 ( .. P( ›C I 61-i A'\ N /I 1 Ir0111.0._ .) vii L 7 '.r.'...............:., -----( \I N ,_... ajt'V N ---: __----- - - - -- -----\ , L /-•:,-__.:,,,_____--::_______- ---- .... e .,.. ,...\.....„ ..„ 4 ' ...„....\ . _ .• i\ iii . ,:- ,,-------:,-- -- ---------------..„ / ( „.. ,., .. s \ ,. .., \ - \ - \ \ .. • / i \ 0 ' - ( f/ \ oi / __. , - , • „,, 33 x i 0 I *-1 ' '' )121 :1---) Ilk 7... \ 7/ IFINANCE DEPARTMENT STAFF MEETING August 1 , 1989 I I . Physical Environment. A. Re-arrange furniture and clean the area. Do it today. B. Need a coat rack . Include in 1990 Budget. I C. Typewriter - 1989 Budget. D. Computer for Treasurer. Get one soon ! E. Property card file. I The property cards for special assessments must be kept in the Treasurer' s Office. Either get a cabinet to keep the file boxes in or set them up on top of one of the existing files and get dust covers for them. III . Personnel/Responsibilities. A. Utility billing . - This is becoming completely a full time I job. If any additions to the billing system or any major changes occur, we will need to consider additional help. B. Property Information/Assessments Betty is going to continue to learn the ins and outs of I the entire "Property Information System" (special assessments, deferrals, etc . ) as time permits and help Jean with legals and special assessment searches. I C. Elections. What are we going to do about the entire elec- tion scenario? D. Job Description Update for Betty. IIII . Schedule. The entire month of August will be dedicated to budget preparation for 1990 and preparing for certification of Idelinquent utility accounts. The next meeting will be Tuesday, September 5 at 9:00 a.m. I I I I I I CITY OF Cr pata CHANHAS SEM 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 1 ' MEMORANDUM TO: Don Ashworth, City Manger Jim Chaffee, Public Safety Director ' Lori Sietsema, Park and Recreation Coordinator - FROM: Scott Harr, Assistant Public Safety Director DATE: August 1, 1989 SUBJ: Beachlot Issue Attached please find documents pertaining to the continuing saga of beachlots in Chanhassen . . . Attachments I I 1 I I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIE R: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE BOX 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B KNETSCH VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J MAYER PATRICK A. FARRELL TIMOTHY J. BERG DAVID L. GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 ROGER N. ON DAVID L. HARMEARMEYER TELEPHONE(612)455-1661 *ALSO ADMITTED To July 28, 1989 PRACTICE IN WISCONSIN Mr. Scott Harr Assistant Public Safety Director City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 ' Ms. Jo Ann Olsen Senior Planner City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 Re: Anderson v. City of Chanhassen, et al ( Sunny Slope Homeowner ' s Association) ' Dear Scott and Jo Ann: Enclosed herewith for your information, please find a copy of the Trial Notice in regard to the above-entitled matter, setting the trial for January 9, 1990 at the Carver County Courthouse in Chaska. ' Please call if you should have any questions. Very truly yours, GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. By: [XI Elliott B. Kn tsch EBK/klt rEnc. REOVED I - JUL 3 11989 CHANHASSEN PUBLIC SAFETY I STATE OF MINNESOTA - FIRST JUDICIAL DISTRICT COUNTY OF Carvor TRIAL NOTICE (See attached cover letter) Issued Date: 7/27/89 IFile No: 87-22730 Court Ju ry XX ICase: Steven & Nancy Anderson v. City of Chanhassen Attorneys: Elliott B. Knetsch 403 Norwest Bank Bldg. 161 North Concord Exchang So. St. Paul MN 55075 1. Trial date: 1/09/90 9:00 a.m. In 2. Trial location: Carver County Courthouse, Chaska, Minnesota I 3. All pre-trial motions must be heard by: 11/09/89 (motions must be scheduled and heard at least 60 days prior to trial.) 4. All discovery must be complete by: 11/27/89 5. Exhibits and witnesses to be fully disclosed in writing to the opposing party by: 12/11/89 (failure to do so may be subject to a preclusion order at trial.) 6. Requests for a formal pre-trial or settlement conference prior to trial date may be directed to: Central Assignment Office Dakota County Government Center Hastings, Minnesota 55033 Telephone: (612) 438-4331 (612) 438-4326 I7. Exceptions to the foregoing must have prior Court approval. ' �y4 � Deputy Administrator Assignments IPlease return enclosed Pre-Trial Questionnaire(in the envelope provided) within thirty(30) days of issued date of first Trial Notice. Got•12304 2l80 1kFAA • C QTY ® F c _ - C ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 i 1 ' MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Scott Harr, Assistant Public Safety Director DATE: August 1, 1989 1 SUBJ: County Classic 's Hair Studio Don, Per our discussion recently regarding this home occupation, I 1 have consulted with City Attorney, Roger Knutson, who advises that unless one of the specific items enumerated in the code itself is violated, such an occupation would not be prohibited. ' I have sent an advisory letter to the owner . Thank you for bringing this to our attention. If you have any questions, please feel free to contact me . C: Councilman Bill Boyt 1 1 1 1 I . 1 ZONING § 20-1001 Sec. 20-980. Hours of operation. ' The hours of operation for any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. (Ord. No. 80, Art. VI, § 8(6-8-4), 12-15-86) Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty(220)volts single phase shall be used in the conduct of a home occupation. (Ord. No. 80,Art. VI, § 8(6-8-5), 12-15-86) 1 Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three(3)parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. (Ord. No. 80,Art. VI, § 8(6-8-6), 12-15-86) Sec. 20-983. Retail and wholesale sales prohibited. No commodities,merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. (Ord. No. 80, Art. VI, § 8(6-8-7), 12-15-86) 1 Sec. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. (Ord. No. 80,Art. VI, § 8(6-8-8), 12-15-86) Secs. 20-985-20-1000. Reserved. DIVISION 4. ANIMALS - Sec. 20-1001. Keeping. ' The following animals may be kept in the city: (1) Household pets are an allowed use in all zoning districts. 1 (2) Horses in the A-1, A-2, RR and RSF zoning districts in accordance with chapter 5, article III. (3) Farm animals are an allowed use on all farm property. Farm animals may flot be iconfined in a pen,feed lot or building within one hundred(100)feet of any residential dwelling not owned or leased by the farmer. ' 1239 § 20-959 CHANHASSEN CITY CODE ' provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80, Art. VI, § 1(6-1-9), 12-15-86) Secs. 20-960-20-975. Reserved. DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Compliance. A home occupation may be established and conducted only in accordance with this division. ' (Ord. No. 80,Art. VI, § 8, 12-15-86) ' Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of ' one(1)floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. (Ord. No. 80, Art. VI, § 8(6-8-1), 12-15-86) Sec. 20-978. Occupations permitted. ' The following home occupations are permitted: ' (1) Professional services such as architects, engineers, attorneys, office, real estate agents, insurance agents, and computer programmers, secretarial services, and manufactur- er's representatives. ' (2) Dressmaking, sewing, and tailoring. (3) Painting, sculpturing or writing. ' (4) Home crafts such as model making,rug weaving, lapidary work, pottery and cabinet making. ' (5) Tutoring services(e.g. piano teacher). (Ord. No. 80, Art. VI, § 8(6-8-2), 12-15-86) ' Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No ' change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-3), 12-15-86) tt77 1238 r.rir:% x X , X X XXXXXXXXXXX XXXXXXXXXXX x X l f'1 �- T 1 11 7 n �� �� r�� �r c X X L � �I � { �~ IL xI_ _ _ 1 � L ��. F_ !� x i X HAIR STUDIO X X 470-1783 X II OPENING SOON 1 We're putting the finishing touches on the newest HAIR STUDIO II in the AREA. We've renovated OUR HOME to accomodate YOU. II First Floor Shop - Handi-cap assessable - NEXUS products retail . COME and VISIT IIOPEN HOUSE ! Cookies and Lemonade - August 3rd, 4th, 5th, Thursday Friday Saturday II 12-8 p.m. 12-6 p.m. 10 a.m.-2 p.m. Free Drawing for Nexus Hair Products. I — -COUNTRY CLASSIC'S _ — __� II Hair Studio 7061 Shawnee Lane II j (N of Hwy 5 off Co.kd, 17 In 1 Clip Greenwood Shores) and 1 Chanhassen. MN 55317 Save I Susan Johnsrud Wed.& Thurs. 10-8 Stylist-14 yrs. Fri . 10-5 1 470-1783 Sat.2nd & 4th 9-2 ! II PRICE LIST (partial ) I Haircuts $9.00 II Children 12 and under 7.00 Perms (no cut) $27 $29 31 .00 Shampoo Set or Blow 9.00 • Country Classic's Hair Studio Is located in: II X The Original Kerber Farm House. X X One Mile North of Hwy. 5 X I X Off Co. Rd. 17 In Greenwood Shores X X on the East Side of Lake Ann. ,,,• x X X X x 1 X X XXXXXXXXXXX XXXXXXXXXXII x X X X Li.,X tillailailli ,r• METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 4-4 July 24, 1989 TO: Metropolitan Area Mayors The Metropolitan Council recently mailed preliminary April 1, 1989, population and household ' estimates for your city to your local government contact person. The mailing includes a worksheet containing the primary data used to prepare your community's estimate and a description of a new methodology used by the Council to estimate population. The Council staff annually prepares current population and household estimates for each township, city and county in the Metropolitan Area. The estimates are preliminary. The Council is currently seeking comments that you or your ' staff may have on the estimates before they are made final in August. The Council will forward the adjusted estimates to the State Department of Revenue. The ' revenue department will use the numbers to calculate the amount of aid local communities receive under the Fiscal Disparities Act and the local government aid law. The change in estimated population or number of households is part of the formula used to determine levy ' limits applicable in 1989 for counties or for cities of 5,000 or more population. The Council will also use the figures to monitor population and household changes in Metropolitan Area communities. ' Please address questions concerning the levy limits and local government aids to Rich Gardner, Minnesota Department of Revenue, 296-2286. ' We need your comments as soon as possible. Please contact us if you have any questions about the preparation of the estimates or the estimates themselves. Kathy Johnson (291-6332) or Michael Munson (291-6331) of our staff will be happy to help you. Thank you for your prompt attention to this matter. Sincerely, c5 /t-zI- Steve Keefe, Chair SK/kp ' Enclosures I - I METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE - APRIL 1, 1989 I City or Township C 4a rj //(.:55- t- I 1989 Housing Units I Estimated Total I Housing (Including Estimate 1980 Uncompleted Estimated Estimated By Type Housing Units 1988 Permits) Completed Occupied I Single-Family A, 7 7 T 3, /79 3, // 3, eD Q Multifamily ,_6-- / (17i`J F•/f 79- I I (incl. Townhouse) Mobile Home I TOTAL a) 7 3 3 , 9 7-7 3 . 5 7,7 3' 7 9'8" Household Estimates I 1980 Household Estimate e 7 I 1988 Household Estimate 3 3 9? 1989 Household Estimate 3 7 9/ F ,L ?7. .r, /d I Population Estimates I 1980 Total Population (,, 357 1980 Group Quarters Population 1713 1989 Group Quarters Population /7'7 I 1989 Population in Households /01 171/(� 1989 Population Estimate /0 '/.57 /S7 . v, b"�' I Persons Per Household I 1980 Persons per Household 3 . 2 y 1988 Persons per Household . (r(o I 1989 Persons per Household ,;2. . 7 7 I *All numbers are as of April 1 of each year. KUP00212 I IIMETROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE - APRIL 1, 1989 ICity or Township ` e. ` ft ( % • 1 1, 1989 Housing Units I IEstimated Total Housing (Including Estimate 1980 Uncompleted Estimated Estimated IBy Type Housing Units 1988 Permits) Completed Occupied Single-Family f IMultifamily - - -D - • --0 (incl. Townhouse) 1 Mobile Home 0 - 0 - - 0 - - TOTAL IHousehold Estimates ' 1980 Household Estimate ''' 1988 Household Estimate I 1989 Household Estimate ll I , IPopulation Estimates 1980 Total Population 8 1 1980 Group Quarters Population -10 - II1989 Group Quarters Population - 0 - 1989 Population in Households Li 1989 Population Estimate Li IPersons Per Household 1980 Persons per Household -1 .0 I1988 Persons per Household L' . 0 I1989 Persons per Household 9 . 0 .r I *All numbers are as of April 1 of each year. KJP00212 CITY OF , C ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM 1 TO: Don Chmiel, Mayor FROM: Lori Sietsema, Park and Recreation Coordinator DATE: August 2 , 1989 SUBJ: Information on Lake Lucy Access ' I understand that you will be meeting with Joe Alexander regarding public access to Lake Lucy. The following is some information that you may like to refer to at that meeting. ' - Lake Lucy is a 135 acre lake of which about 60-70 acres is open water. The DNR requires 7 car/trailer parking spaces unless the site is restrictive in size, in which case they would ' consider allowing 4 spaces. - The distance between Lake Ann and Lake Lucy at the creek site ' is 350 ft. - The distance from the Lake Ann boat access to the creek site is roughly 2, 000 ft. , just over one-third mile. - To date there are 4 sites to be considered: ' 1. Down scaled access through Greenwood Shores Park (no drawing available or costs to date) . The DNR feels this would be the quickest, easiest, and cheapest alternative ' and have asked that we consider it further. Staff has major concerns about how this type of use would affect the existing uses. Rough drawings and cost estimates are being prepared. 2 . Dirks Property: Asking price is currently $15 , 600/acre for all or part of the 7 acre site. Construction costs may be ' as high as $120 , 000 . Attached is a rough sketch outlining how the site could be used. 3 . Christensen Property: Located on the north side of Lake Lucy, this 5 acre site just became available within the last week. Staff is having Van Doren Hazard Stallings .:.:' check on the feasibility as dredging would be required and II prepare a rough sketch and costs. 11 Mayor Don Chmiel August 2, 1989 Page 2 4. Liftover or Mechanical Portage: This option involves using g the Lake Ann access, traveling across to the creek outlet, and having a device that allows access to Lake Lucy. In discussions with Design Engineer John Dickson of Barr Engineering, he indicated it would be possible to dredge between the lakes and install a "mini" version of a lock. He felt that such a device would only allow a limited amount of water to flow between the lakes. He also felt that a lock device of this nature would cost $100, 000 to $150, 000. Please let me know if you need additional information or have any questions . , 1 1 1 1 44" �Nf CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 �y. (612) 937-1900 August 2 , 1989 1 1 Mr. Daryl Kirt P.O. Box 692 Chanhassen, MN 55317 1 Dear Daryl: I have been trying to reach you since your first phone call on 1 Monday, July 31, 1989. Since I have not been able to reach you by phone, I am instead sending you this letter to try to answer what I believe are some of your concerns. It is my understanding 1 that you did not understand the wetland alteration permit process and did not know that your item was on the last City Council agenda (July 19, 1989) . As I explained to you and Debra, there 1 were two processes that you had to follow for the development of your single family home. The first would be to receive a variance to the 75 foot wetland setback and the second was to receive a wetland alteration permit for development within 200 1 feet and partial filling of a Class A wetland. The variance is heard only in front of the Board of Adjustments and Appeals and City Council. The wetland alteration permit is reviewed by the 1 Planning Commission and City Council. It was my understanding that you wished to receive the variance first so that you could apply for the building permit as soon as possible and start construction this fall. 1 The Board of Adjustments and City Council approved the variance to the wetland setback to allow you to construct your single 1 family residence within 75 feet of the wetland setback. The City Council did not approve the wetland alteration permit to allow you to fill a portion of the wetland, but they did approve deve- lopment within 200 feet of the Class A wetland so that you could still construct your house. The report for the wetland altera- tion permit stated the date of the Planning Commission meeting and City Council meeting on the front of the report. Also, at 1 the Planning Commission meeting it was announced when your item would be heard in front of the City Council. The City Council report and an agenda are sent out to the applicant prior to the ' City Council meeting and you should have received this in the mail. I apologize if you did not understand that the wetland alteration permit would still be heard in front of the City •' Council after the Planning Commission meeting. - 1 i Mr. Daryl Kirt August 2, 1989 Page 2 Please try to contact me should you still have uesti n will continue to try to reach you by phone. q o s and I Sincerely, Jo Ann Olsen Senior Planner JO:v cc: Don Ashworth 1 1 1 1 1 1 1 1 1 1 1 V ® C c. fa q f ft- 7`, EANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 27, 1989 CERTIFIED Mr . Robert F.Sommer 6239 Chaska Road, Route 5 Excelsior, MN 55331 IDear Mr.Sommer, After inspecting your property today, I see that it is clearly not in compliance with Chanhassen's City Code . While you may have removed several tires, the outside storage that exists does Iviolate Chanhassen 's City Code . Not only is this very unsightly, but it still provides breeding I ground for the mosquitos, which in fact was the original complaint brought to our attention by the Metropolitan Mosquito Control District. 1 Frankly, you put us in a most difficult situation now. The Metropolitan Mosquito Control District per their letter to us of May 31, 1989, indicates that they have had to advise the City of i Chanhassen regarding your property for two years . In their letter of May 31, 1989, they say that tires and other containers on your property are producing the tree hole mosquito, which is the mosquito that transmits LaCrosse Encephalitis to children. Please recall that on June 16, 1989, I sent you a certified warning notice, requiring that such conditions be cleaned up within ' 30 days . Because I had not heard from you, at the end of that 30 days I called you, and you assured me that everything was taken care of (you claimed that what you meant was that tires were ' picked up) . I took your word for this . In reinspecting, I was, quite frankly, astounded at the condition of your property, and even more so that you would have led me to ' believe that your property was in compliance with City Code . It is not, and I can see numerous conditions on the property tat will retain water so that mosquito breeding can continue . So that we are not having any misunderstanding, I am sending you the attached notice, giving you 2 weeks from the receipt of this CITY O CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' wy (612) 937-1900 MEMORAND ' TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director DATE: August 3, 1989 SUBJ: Greenwood Shores Park On Thursday afternoon, July 27, 1989, Lori Sietsema asked me to ' look into some allegations of wrong doing at Greenwood Shores Park. Apparently, she and Councilmember Ursula Dimler had been at Greenwood Shores earlier that day and observed a truck parked in the trees inside of the gate. The driver of the truck was doing work for Jeff Farmakes, who lives next door to the park at 7100 Utica Lane . When confronted, the driver of the truck indi- cated that he had received the key to the park from Mr . Farmakes. He also indicated that he had taken some dirt from the park to use in building a portion of the retaining wall on the Farmakes property. He further stated to Lori Sietsema and Ursula Dimler 1 that Mr . Farmakes kept the key to the gate on his porch. Lori Sietsema had two concerns regarding this incident. Her first concern was how did Mr . Farmakes get the key and who else in the neighborhood might have keys. Her second concern was the damage done to the park by the removal of the dirt. 1 I informed Lori during our meeting that I had been made aware of the truck back in the park on Tuesday. Carver County dispatch had received the call at approximately 0630 hours on Tuesday 1 morning, July 25, 1989, from Mayor Don Chmiel . Mayor Chmiel indicated to the dispatcher that he just observed a truck go back into the park and that he observed the truck driver open up the 1 gate with the key. He informed dispatch that nobody should have had a key to the park . Prior to the arrival of the deputy, however, Mayor Chmiel confronted the truck driver and learned that the driver was doing work for Jeff Farmakes and had received a key from Jeff Farmakes . When the deputy arrived the Mayor informed the deputy that he had checked everything out and it was okay. I I Don Ashworth, City Manager August 3, 1989 I Page 2 On Thursday evening, July 27, 1989, I called Public Safety Com- mission member Barb Klick to discuss the problem with her . You may recall that Barb lives right next to the park, directly oppo- site of Mr . Farmakes . I asked Barb if she knew of anyone having a key to the park in her area and she indicated that, to her knowledge, nobody did. I then told her that in fact Mr . Farmakes did have a key and she said she was not aware of that. On Friday morning, July 28, 1989, I went to Mr . Farmakes ' resi- dence to discuss the situation with him. I met with both Mr . and Mrs . Farmakes who indicated their desire to cooperate fully with our preliminary investigation. Mr . Farmakes stated that he had directed his workmen to clear off some of the dead fall and open up an existing path in the park next to his property. He clearly knew that it was park property, but thought he was enhancing its utility by keeping the trails clear . Julie Farmakes further stated that they had received the key approximately six years ago from Bill Monk when he worked for the City. They have retained the key ever since . On Tuesday, July 25, 1989, they had attempted to contact Gary Warren here at City Hall. They needed to let their workmen through the gate and were going to request permission from Gary Warren. They were informed, however, that Gary would not be in until 4 :00 p.m. that day. Since they had the workmen waiting, they decided to try the key received from Bill Monk . They found that the key still worked and provided it to the workmen to have access through the park . I also talked with Dale Gregory, who indicated that he has received the key from the Farmakes residence . Dale further stated that when he was at the park on Thursday, he observed large piles of black dirt piled up ready to be moved onto the Farmakes property. This would correspond with Lori Sietsema 's suggestion that they in fact were taking black dirt from the park to use in the construction of the retaining wall on the Farmakes property. Dale indicated that he informed the workers to put the ' dirt back as close to possible in its original condition. On Friday, when I responded to the park to observe the distur- bance, I did notice that the dirt had been put back and was very loose on top of the trail . I don't believe any permanent damage has resulted from this activity. The Farmakes ' have been made aware that they are to seek City permission to utilize the park for any construction activity. They have also been advised that they are not to disturb the park in any way without having first obtained approval from City Hall. CONCLUSION I Obviously, Jeff Farmakes had a key to the park, but probably^` obtained legally as he stated, from Bill Monk a number of years ago. Dale Gregory has obtained the key and I do not believe ' I r II Don Ashworth, City Manager August 3, 1989 Page 3 II there are any copies floating about in the neighborhood. It was I also clear that the park had been disturbed by contractors working for the Farmakes ' . It would appear that the Farmakes ' had instructed the contractors to utilize the park to include the illegal taking of dirt to enhance the Farmakes ' property. The I dirt has been replaced and little or no permanent damage has occurred to the park . Although the security of the City's keying system has been compromised, I don't believe that because of this I incident it is necessary to change the locks on all City owned property. On the other hand, from a practical standpoint, it might be a good idea to affect a change in our keying system. I I II r II II I II II I I .r I . II - w I I CITY OF .,,i , ,_ t, 1 \' , ; .., . CHANHASSEN , .. ,, 1 ` \ _ ''-., 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IMEMORANDUM 1 TO: Don Ashworth, City Manager IFROM: Jim Chaffee, Public Safety Director SUBJ: June 1989 -- Monthly Statistics IDATE: August 7, 1989 Please find attached the monthly statistics for the Public I Safety Department . You will note that in addition to the regular Police, Fire, and Building, I have included Code Enforcement monthly complaints and Crime Prevention. This I will hopefully keep you abreast of our continued activities in these areas. BUILDING: During June the Building Division issued 27 single I family permits. As of June 30, 1989 , we have issued 165 single family permits which compares to 178 for this same period in 1988. Total permit revenue as of June 30 , 1989 , is I $334 ,059.00 which compares with $236,544 .00 in 1988. It is interesting to note that as soon as we hired the two I new inspectors our inspections increased by over 300 per month or approximately 57% . POLICE: 443 calls for service were responded to by Law I Enforcement units during June. This compares with 468 for the same period in 1988. To date, we have responded to 2 ,139 calls for service compared to 2 , 235 for 1988 . IIIt is again interesting to note that we collected more in court fines during June than did the city of Chaska. 1 FIRE: During June , the Fire Department responded to 178 calls for service which compares to 163 during this same period in 1988 . The vast majority of the calls , once again, Iare medical or rescue calls . .r 1 - 1 CHANHASSEN PUBLIC SAFETY I BUILDING INSPECTIONS DEPARTMENT INSPECTIONS - 1989 • TOTAL 1 INSUL- FIRE- BASE SEPTIC MONTH FOOTINGS FRAMING BACKFILL ATION DRYWALL PLACE SLAB PLBG HTG SYSTEM MISC. FINAL TO DATE JANUARY 39 80 16 40 26 24 91 86 4 33 36 475 I FEBRUARY 19 93 12 59 48 16 128 103 1 22 75 576 MARCH 49 69 20 44-.. 25 26 132 115 43 76 599 I APRIL 75 82 31 35 24 18 114 116 4 44 42 585 MAY 113 112 30 41 39 39 197 175 11 43 119 919 I JUNE 120 109 24 45 28 37 184 172 10 75 136 940 JULY AUGUST II SEPTEMBER OCTOBER I NOVEMBER DECEMBER Total 415 545 133 264 190 160 846 767 30 260 484 4,094 I TOTAL I JANUARY FEBRUARY MARCH APRIL MAY JUNE TO DATE Building 13,104.00 13,342.50 41,231.00 50,988.00 33,325.80 27,990.50 179,981.80 I Plan Check 8,463.08 8,287.88 26,712.21 33,091.17 20,383.25 16,642.54 113,580.13 Plumbing 2,754.00 2,500.00 1,881.50 4,889.50 3,302.50 2,935.25 18,262.75 I Heating 2,124.88 2,042.00 2,004.20 5,305.75 8,748.89 2,008.50 22,234.22 Septic TOTAL 26,445.96 26,172.38 71,828.91 94,274.42 65,760.44 49,576.79 334,058.90 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER , II • Building Plan Check IIPlumbing Heating Septic ' TOTAL II 1 I III057Q1 0363 XXO'MP N0. 0607-P094 : APPRO A -XP •F o FORM C-404 U.S.DEPARTMENT OF COMMERCE 18-6.881 BUREAU OF THE CENSUS Period In which permits issued i JUN F 1 O b9 (Please correct any errors in name and address including ZIP Code) REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC I CONSTRUCTION 040800 27 8 5120 019 1 0 26 9999 BLDG OFFICIAL ff1243 ` If your building permit system has changed, FOR C ITT OF CHANHASS EN mark(X)appropriate box below and explain 690 C OUL TER DR I In comments. CHANHASSEN MN 55317 ❑Discontinued issuing permits ❑Merged with another system ❑Split into two or more systems I ❑Annexed land areas I PLEASE COMPLETE AND MAIL ❑Had other changes THIS FORM ON OR BEFORE I JULY 4 9.9 If no permits were issued during Bureau of the Census Instructions are included.For this period,mark(X)in the box--I...0 MAIL-•THIS 1201 East Tenth Street further assistance,call collect and return this form COPY TQ r. Jeffersonville,IN 47132 (301)763-7244, I \ Section(. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number of 1 Valuation of Number of Valuation of BUILDINGS No. Housing construction Housin g construction Buildings units Omit cents Buildings units Omit cents I (a) lb) (cl (d) (a) Ifl (g) Single-family houses,home detached nn a"7 3 -.l coo Exclude mobile homes. 101 p( / / 3, d°Ci Single-family houses,attached -Separated by ground to roof wall, I -No units above or below,and -Separate heating systems and utility meters. (Count each unit as a separate building) 102 Two-family buildings 103 IThree-and four-family buildings 104 Five-or-more family buildings 105 TOTAL—Sum of 101-105—a- 109 'Sectionik-, NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING Item Number of Valuation of Number of Valuation of BUILDINGS No. construction construction I Buildings Rooms Omit cents Buildings Rooms Omit cents la) Ibl (Cl (dl (e) Ifl Igl Hotels,motels,and tourist cabins (transient accommodations only) 213 IOther nonhousekeeping shelter 214 Item Number Section(((' NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL Valuation of Number Valuation of BUILDINGS No, construction of construction buildings Omit cents buildings Omit cents - (al lb) lc) (d) (el Amusement,social,and recreational 318 of Churches and other religious 319 Industrial 320 111 Parking garages(buildings and open decked) 321 Service stations and repair garages 322 Hospitals and institutional 323 Offices,banks,and professional 324 Public works and utilities 325 - I Schools and other educational"i"m"'u-t`- 326 -L 3�1I.COO ➢"ca.a�L Stores and customer services 327 Other nonresidential buildings Structures other than buildings 329 /3 17,1c0 j Section IV' ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS,AND Item Number Valuation of Number Valuation of CONVERSIONS No of construction r5f construction buildings Omit cents buildings Omit cents I lal Ibl Icl Idl lei Residential—Classify additions of q garages and carports in item 438. 434 •3j /Q G I1 ILO° Nonresidential and nonhousekeeping 437 3 1 //JI coo • I Additions of residential garages and carports r� (attached and detached) 438 T 8 00Q PLEASE CONTINUE ON REVERSE SIDE vivivev II CITY OF CHANHASSEN I RESIDENTIAL BUILDING PERMITS ISSUED II Apart. Total Number of Year Single-Family Duplex Townhomes Complex Dwelling Unit" 1980 41 9 10 99 1981 22 1 0 24 II 1982 19 1 0 21 II 1983 60 4 9 104 II 1984 108 17 6 166 I 1985 189 38 20 18 265 I 1986 246 8 8 262 I 1987 289 2 32 323 1 1988 352 26 34 412 units units II 1989* 165 62 227 --- ---- -- — units _ 11 * As of June 30 , 1989 I II II II .s I II BUILDING PERMIT VALUATION• • (BY MONTH COMPARISON) ' 1988 1989 January 1 ,447.900 2.019.000 I February 2.232,700 2,095.800 March 2.819.600 12.460.200 April 3,842.880 16.238.000 • May 3,827,000 7,447, 552 June 7,578,700 4,419.325 IJuly 2,683.450 August 3,139,200 ISeptember 3.467. 500 October 3.836.000 INovember 4.465.000 December 6. 563.600 I TOTAL 45.903. 530 IThese figures include all construction , i .e. commercial/industrial . new residential , decks. fences. etc . I . I CARVER COUNTY SHERIFF'S DEPARTMENT AREA REPORT I CCS02 PERIOD ENDING:06-30-89 FOR:Chanhassen City PAGE: 1 ' Description This Year Last Year Current YTD Current YTD I Month Month Assault 4 15 3 10 IBurglary 2 8 2 10 Drug Violation 0 8 0 8 Disturbing Peace 13 62 18 85 Traffic/Alcohol Related 14 70 8 32 I Misc. Criminal 6 37 17 49 Property Damage/Vandalism 17 61 11 61 Robbery 0 1 0 0 I Sex Crime 1 1 1 3 Theft 23 96 22 116 Uttering/Bad Check 1 1 1 5 Vehicle Theft 0 2 1 8 I TOTAL CRIMINAL 81 362 84 387 *********************************************************************** I Abuse/Neglect 3 14 0 5 Domestic 6 25 8 36 Missing Person 6 39 4 53 IProwler 2 3 1 7 Suspicious Activity 13 63 13 79 Alarm 13 92 7 97 II Open Door 2 8 2 9 Fire 12 60 15 56 Medical 16 94 13 69 I Business/Residential Check 14 39 10 42 Animal 32 173 43 230 I Boat & Water 3 3 2 2 Civil Process Service 0 0 0 0 Warrant Service 5 15 1 2 Transports 1 4 3 5 I Assist Other Agency 2 20 2 11 Gun Permits/Acquire 2 16 0 0 Gun Permits/Carry 0 0 0 0 II Gun Permits/Transfer 4 4 0 0 Unlock Vehicle/Building 35 164 23 152 Motorist Assist 18 102 14 104 II PD Accident 24 137 23 150 PI Accident 7 32 7 30 Fatal Accident 0 1 0 0 II Traffic Misc 44 210 48 217 Misc. Non-Crim 98 459 145 .'r 492 TOTAL NON-CRIM 362 1777 384 1848 II ************************************************************************ TOTAL REPORTED 443 2139 468 2235 II I IDescription 1989 January February March April May Assault 2 1 1 5 2 I Burglary 3 1 2 0 0 Drug Violation 2 0 3 2 1 Disturbing Peace 5 13 11 12 8 I Traffic/Alcohol Related 7 18 8 14 9 Misc. Criminal 7 8 7 5 4 Property Damage/Vandalism 5 5 15 5 14 Robbery 0 0 0 0 1 I Sex Crime 0 0 0 0 0 Theft 11 11 24 14 13 Uttering/Bad Check 0 0 0 0 0 IVehicle Theft 0 0 1 0 1 TOTAL CRIMINAL 42 57 72 57 53 ************************************************************************ I Abuse/Neglect 1 1 3 4 2 Domestic 5 3 4 3 4 Missing Person 8 4 5 5 11 I Prowler 0 0 0 0 1 Suspicious Activity 6 7 16 7 14 I Alarm 14 16 12 17 20 Open Door 1 0 1 3 1 Fire 4 7 10 12 15 Medical 17 14 16 16 15 IBusiness/Residential Check 5 8 6 3 3 Animal 28 28 26 29 30 I Boat & Water 0 0 0 0 0 Civil Process Service 0 0 0 0 0 Warrant Service 1 3 0 4 2 Transports 0 1 0 2 0 I Assist Other Agency 4 1 1 7 5 Gun Permits/Carry 3 1 3 2 5 Gun Permits/Acquire 0 0 0 0 0 IGun Permits/Transfer 0 0 0 0 0 Unlock Vehicle/Building 17 22 24 31 35 I Motorist Assist 19 15 25 11 14 PD Accident 28 29 26 6 24 PI Accident 5 7 4 2 7 Fatal Accident 0 0 1 0 0 II Traffic Misc 28 25 40 35 38 Misc. Non-Grim 64 59 77 66 95 I TOTAL NON-CRIM 258 251 300 265 341 ************************************************************************ TOTAL REPORTED 300 308 372 322 .f: 394 I . II 1 II I Description 1989 June July August September October Assault 4 I Burglary 2 Drug Violation 0 II Disturbing Peace 13 Traffic/Alcohol Related 14 Misc. Criminal 6 Property Damage/Vandalism 17 I Robbery 0 Sex Crime i Theft 23 I Uttering/Bad Check 1 Vehicle Theft 0 TOTAL CRIMINAL 81 0 0 0 0 II ************************************************************************ Abuse/Neglect 3 Domestic 6 I Missing Person 6 Prowler 2 Suspicious Activity 13 I Alarm 13 Open Door 2 Fire 12 I Medical 16 Business/Residential Check 14 Animal 32 I Boat & Water 3 Civil Process Service 0 II Warrant Service 5 Transports 1 Assist Other Agency 2 Gun Permits/Carry 2 II Gun Permits/Acquire 0 Gun Permits/Transfer 4 Unlock Vehicle/Building 35 II Motorist Assist 18 PD Accident 24 PI Accident 7 II Fatal Accident 0 Traffic Misc 44 Misc. 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("0068 TOO. 80138100- 18 fffff 41A . . t0. .* * 09. . . .0t4 , 4 , , " 90 .. 04.00140 •. 0004. 11 .0/ 1.00 . 4.4 . 0 ....../4 . . .... ../g0004. . ".4 004 .4900 411011t .04 /, , , ' i. IS t 1NA9I93V 1V99 UTN0 1V8AIII lam 9.1dd03J3) 81011.10 - 11VU < !0 1.sALJ. 41.501 ) 11498 1VHAII1 --- .. ' 908VH9 1909 * NOIIVIij 68/0E/9 0.1. 68/1:0/9 9180 A9 0318033 6* 081181 1 N0TIVII0 INAV3.119dArl 841.118AHs AiNnoo aAn8vo H .1.0-38 .3 60/61// 1.31911 160110 1 III. 111111 ME IIIIII NM MN IIIN IIIIII IIIIII 1111111 ME MI MO 1.11 MI 111111 111111 an IIIII I , DISTRIBUTION OF TRAFFIC , CRIMINAL AND PARKING FINES , FOR THE MONTH OF 91.e-rte-. ■ 1987 IMunici alities Vendor # Amount Included $ for Parking I i •Iry City 156 1 ?//. G •—$ 170 . OD hassen City 151 vZ 6—'6 /a /02, $ .-.`jD . o 0 asks.n City 170 . ao, l3 $ , ��, o 0 flogne City 171 c ,6 4 $ amburg City 407 e3: 3a $ 'Food City 745 la 9 - p? $ Victoria City 990 Ionia City 958 3M,&2 $ ,6° fa . ., O iltertown City 991 079, 9 $ .•• Young America City 992 4e, fO I $ 5/.-e7.o a Ilw Germany City . 743 $ u yer City 11 ' 665 , $ wood Twp. 4 4 � P 0 $ Ikt0 Twp.. 560 San Francisco Twp. 986 s $ 1tertown Twp. 988 $ nton• Twp. 56 $ Dahlgren Twp. 238 $ ` Ien Twp. 150 $ ncock Twp. 392 asks Twp. ' 154 , $ $ 1con±a Twp. . 937 $ Young America Twp. 989 $ talc 7 7 ,S'. • 7 ? ,e . CIL-tfc, a . 2,L: (c2.,...)2Q • r _ Y Jc ice A. VanL'll Court Administrator . • - ..-... ,.... _f±:+ilRlKrl N%.+.t CITY OF 1 w1 1 i 1 � 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �e (612) 937-1900 I I MEMORANDUM TO: Jim Chaffee, Public Safety Director I FROM: Scott Harr, Assistant Public Safety Directors 4., DATE: August 2, 1989 II SUBJ: June, 1989 Code Enforcement Activity Report I Attached please find the June report. The 41 recorded II complaints, together with the 23 verbal complaints ( "verbal complaints" indicates that someone called City Hall with a question that could be handled with just a brief response or an immediate transfer to another department) , indicates the variety I of issues that we are involved in. I think it also indicates the reliance that residents have on the Public Safety Department, feeling they can contact us for assistance . II II I II II II II I CODE ENFORCEMENT ACTIVITY i MONTH: June 19 89 Verbal Complaints 23 DATE __ COMPLAINT LOCATION ACTION TAKEN` i 06-01-89 Junk in yard Mohawk Drive 1 - A 06-01-89 Code enforcement West Village Drive 1 - G 06-01-89 Code enforcement West Village Drive 1 - G 06-01-89 Debris/Dog problems Audubon Circle 5 - G 06-01-89 Found property White Dove Drive 5 - Referred to Street Maint. 06-01-89 Sign request Unknown 5 - Referred to Engineering 06-01-89 Mud on street Marsh Drive 1 & 5 - G 06-01-89 Debris Bighorn Drive 5 - A 06-01-89 Mud on street Conestoga Trail 1 - A 06-01-89 Fence question Downtown development 1 - A 06-01-89 Dead landscaping Chan View 1 - A 06-01-89 Speeding vehicle Bighorn Drive 1 - A 06-01-89 Dog at large/aggresive behavior Red Cedar Point Drive 4 - A 06-01-89 Weeds Frontier Trail 1 - G 06-02-89 Dead trees Chan View 1 - Referred to Engineering 06-02-89 Suspected fraud White Dove Drive 1 - G 06-02-89 Speeding vehicle Bighorn Drive 1 - A 06-05-89 Construction work after hours Minnewashta Parkway 4 - A 06-05-89 Use of power Sierra Court 1 - A 06-07-89 Inquiry re: solicitors permit City wide 3 - G 06-08-89 Inquiry of signage City wide 1 - G 06-08-89 Found property City Hall 3 - G 06-09-89 Mud, rock & dust on street Fox Chase 1 - Referred to Engineering 06-09-89 Noise Chan View 1 - A 06-09-89 Poor construction Horseshoe Curve 1 - G 06-10-89 Weeds Hidden Lane 4 - A 06-11-89 Street sign mis-spelled Shawnee Lane 3 - Referred to Engineering CODE: 1 . Advisory Letter A. Voluntary Compliance G. No Further Action 2 . Certified Letter/Notice B. Warning Tag Issued H. Other 3 . Phone Call Made C. Citation Issued 4 . In-Person Meeting D. Referred to City Attorney 5 . Complainant Advised E. Court Referred 6 . Other F. Action Pending MI IMI 1.0 MN IMM Mili M 1.1 INO INM IMM OM MO Mil NIN Mall NM MIN MO ')E imOR NI TI um um um mu me imp am me um milli mom PAGE 2 MONTH: June 19 89 DATE COMPLAINT LOCATION 1 ACTION TAKON- 06-12-89 Parking/improper exposure Market Boulevard 4 - A 06-12-89 Damage to property Highway 5 & CR 17 Referred to CCSO 06-12-89 Speeding/stop sign violation Laredo Drive 3 - Referred to CCSO 06-13-89 Weeds T.H. 101 & Creekwood 4 - G 06-14-89 Construction litter Meadow Green Park 4 - A 06-14-89 Weeds Trappers Pass 3 - A 06-16-89 Sign obstructing vision Lake Lucy & Powers Blvd. 3 - A 06-16-89 Trespassing/vandalism Lake Riley Boulevard 3 - Referred to CCSO 06-19-89 Parking Greenwood Shores Park 3 - Referred to CCSO 06-19-89 Litter Lake Drive East Referred to Traffic Safety 06-22-89 Litter Committee Lake Drive East 1 - A, Advised CCSC 06-25-89 Inquiry re : waste disposal West 79th Street 1 - G 06-26-89 Unauthorized fill Frontier Court 1 - A 06-27-89 Dumping trash Curry Farms 3 - G t • 1 CITY OF cHANBAssEN 1 _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1x (612) 937-1900 1 1 MEMORANDUM TO: Jim Chaffee, Public Safety Director t' FROM: Scott Harr, Assistant Public Safety Director , 1 DATE: July 21, 1989 SUBJ: June 1989 Crime Prevention Report Attached please find the Crime Prevention Report from Deb. I have also advised her that we should have at least four ( 4 ) 1 neighborhood watch programs going by the end of this summer . Thank you. 1 1 1 1 1 1 1 1 CITY ® F CHANHASSEN � 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM 1 TO: Scott Harr, Assistant Public Safety Director FROM: Deb Rand, Crime Prevention Officer DATE: July 19 , 1989 1 SUBJ: June 1989 Crime Prevention Report 1 With the weather becoming warmer and animal calls increasing, our move to the new Public Safety wing, and our subsequent open house, my focus for the month of June was temporarily shifted to the above items . Although some crime prevention was done, I was unable to give it the time I had hoped to. My major project for the first part of the month was, of course, the "Public Safety Open House" on June 22, 1989. As we all know, it was a rousing success. Although I have no actual attendance figures I believe we had an excellent turn-out. We were able to disseminate a large amount of crime prevention material at our display inside City Hall, having to replenish the supplies more than one time during the evening. I would guess that along with the pencils , sticker badges, balloons , etc. , we gave out about 500 pieces of material , all generating positive interaction bet- ween Public Safety and the community. We also managed a number of articles and pictures about our open house in both the "Villager" and "Sailor" newspapers. I had an absolute blast and heartily look forward to next year ' s! 1 I continue to receive positive response to the crime victim let- ters, 10 of which were sent out during June. We have had a number of construction thefts within the City which seem to be centered on copper tubing. I have personally con- tacted some of the builders and site managers, and am following up with correspondence of some sort. I have spoken at length with Deputy Jim Olson and Detective Bob Bergmann about this ongoing problem. Because this again left me with some frustrations about not having an "on site" investigation department, etc. , causing me to be unable to see compromised doors at crime scenes, et . , I spoke with Sheriff Wallin inquiring about the possibility of 1 ' Scott Harr July 19 , 1989 Page 2 ' accompanying the deputies to appropriate calls allowing me to see these things firsthand. Sheriff Wallin endorsed this idea and encouraged me to do so. Neighborhood watch letters (see attached) were distributed to approximately 100 residents this month. I also accompanied Eden 1 Prairie Crime Prevention Specialist Francie Butorac to one of her Neighborhood Watch meetings. Deputy Jim Olson and I presented a bank security program to Mr. Mark Lukkonen from the Chanhassen Bank, and also updated their program as well. ' All in all we disseminated crime prevention materials to about 1700 residents this month, with our open house helping to provide the Chanhassen community with a better awareness and understanding of public safety and what we are all about, and letting them know we are here to help. II II June 1989 Crime Prevention Report I Activity Performed Number 1 Dissemination of Crime Prevention Materials 1700+ Crime Prevention Presentations 2 Enrollment in Operation Identification 1 Crime Victim Letters 10 I Neighborhood Watch Letters 100+ I II I I I I I II I I I I . i CiYOF \\I k r 1 _) 690 COOLTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 1 Dear Community Member, 1 Your neighborhood has been chosen for implementation of a Neigh- borhood Watch program. 1 Neighborhood Watch is a crime prevention program which enlists the active participation of citizens in cooperation with law enforcement to reduce crime in their communities . It involves 1 neighbors getting to know each other and working together in a program of mutual assistance. Citizens are trained to recognize and report suspicious activities in their neighborhood. Crime 1 Prevention programs and techniques such as Operation Iden- tification and good home security, etc. are explained and imple- mented. It is a small time commitment on your part for a great return as a crime deterrent. 1 You will be receiving notification of a Neighborhood Watch meeting soon. Please attend. g 1 Chanhassen is a comfortable and quiet community with a low crime rate. Help us keep it that way! 1 Kindest . regards, AW ea- 1 Deb a d Crime Prevention Specialist 1 CHANHASSEN PUBLIC SAFETY DR:cd 1 1 1 1 , CARVER COUNTY SHERIFF'S DEPARTMENT I MEMORANDUM I I DATE: July 20, 1989 TO: Jim Chaffee I FROM: (1.'- Rod Peddycoart SUBJECT: July Alarm Report I To date, we have sent billings to John Nelson and the I Chanhassen Dinner Theatre. We have received payment form the Dinner Theatre but have had no response from Nelson. I Any questions or comments, please contact me. I I I I . 1 I I 1 r IIJUNE 1989 1 ALARM REPORT ALARMS PER AREA IICITY/TWSP RESIDENTIAL BUSINESS TOTALS II Benton Camden 2 2 ICarver Chanhassen 6 8 14 1 Chaska Twsp ICologne Dalhgren Twsp 1 Hamburg Laketown 1 1 II Mayer INew Germany Norwood 3 3 ISan Francisco Twsp 1 1 Victoria 1 2 3 IWaconia 8 8 IWaconia Twsp 1 1 Watertown 3 3 IWatertown Twsp Young America 1 1 IYoung America Twsp 1 TOTALS 12 25 37 1 - II r JUNE 1989 1 UNREGISTERED ALARM 1 CITY/TWSP RESIDENTIAL BUSINESS TOTALS ' Benton Camden 11 Carver 1 Chanhassen 1 5 6 Chaska Twsp 1 Cologne Dalhgren Twsp Hamburg 1 Laketown Mayer i New Germany Norwood Victoria ' Waconia 2 2 Waconia Twsp 1 1 ' Watertown Twsp Watertown 1 1 Young America ' Young America Twsp TOTALS 2 8 10 ' i I I I ' FIRE DEPARTMENT MONTHLY REPORT MONTH: June TOTAL NUMBER OF CALLS/MONTH: 37 YR TO DATE: 178 ' 1988 YEAR TO DATE 163 ' STRUCTURE FIRES: 1 CAR FIRES: 2 GRASS FIRES: 1 ALARMS: 2 ' MEDICALS: 16 ' PERSONAL INJURY ACCIDENTS: 8 MUTUAL AID: 1 MISCELLANEOUS: 6 NUMBER OF MANHOURS PAID FOR ALL ABOVE CALLS: 562 1 TOTAL NUMBER OF TRAINING HOURS THIS MONTH: 120 IICONFERENCES. SEMINARS. AND MEETINGS (OTHER THAN REGULARLY SCHEDULED MONDAY NIGHT MEETINGS) ATTENDED THIS MONTH: Five people to State Fire Conference 1 BREAKDOWN OF ATTENDANCE AT EA CH MONDAY NIGHT MEET I NG DURING MONTH: 1ST MEETING: 25 2ND MEETING: 23 ' 3RD MEETING: 12 4TH MEETING: 21 5TH MEETING: 0 SPECIAL: I 1 - I I FIRE DEPARTMENT MONTHLY REPORT ' MONTH: June TOTAL NUMBER OF CALLS/MONTH: 37 YR TO DATE: 178 1988 YEAR TO DATE 163 , STRUCTURE FIRES: 1 , CAR FIRES: 2 GRASS FIRES: 1 1 ALARMS: 2 MEDICALS: 16 1 PERSONAL INJURY ACCIDENTS: 8 ' MUTUAL AID: 1 MISCELLANEOUS: 6 1 NUMBER OF MANHOURS PAID FOR ALL ABOVE CALLS: 562 TOTAL NUMBER OF TRAINING HOURS THIS MONTH: 120 ' CONFERENCES, SEMINARS, AND MEETINGS (OTHER THAN REGULARLY SCHEDULED MONDAY NIGHT MEETINGS) ATTENDED THIS MONTH: Five people to State Fire Conference 1 BREAKDOWN OF ATTENDANCE AT EACH MONDAY NIGHT MEETING DURING MONTH: 1ST MEETING: 25 2ND MEETING: 23 3RD MEETING: 12 ' 4TH MEETING: 21 5TH MEETING: O SPECIAL: ' I 1 r I LAW OFFICES ' GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 ' VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B KNETSCH VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER PATRICK A.FARRELL SOUTH ST. PAUL, MINNESOTA 55075 ' DAVID L. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER *AISO ADMITTED To July 27, 1989 PRACTICE IN WISCONSIN Ms. Jo Ann Olsen Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 ' RE: Tax Exempt State of Churches Dear Jo Ann: Enclosed is a recent decision on the above matter. The decision states that to be tax exempt property ( 1 ) be owned by a church, (2 ) must be used for church purposes. Very truly yours, ' GR fiNIS, GRAgNIS, FARRELL & NUTSON p A. BY: -P:'er N. Knutson RNK:srn Enclosure • JUL 311989 CITY-OF CHANHASSEN STATE 0L" MJ.Ni•iE:'. lA Paul W. Flower I Attorney at Law COUNTY OF CA1 VE!; 418 Norwest Midland Bldg. • 401 Second Ave. South I Minneapolis, MN 55401 Clerk' s Notice of Filing,. Entry or Dockcting Jean. Shively I • Assistant Carver County Attorney ;; a »;'..X .. • Carver County Assessor's Office I Carver County Auditor's Office •, •In Re: Special Force Ministries vs. County of Carver File No. 88-23902 I For the above entitled matter, you are notified that on April 4, 1989 , a . . I Findings • Order I x Judgment Other - I was duly - r __ _ -_ I APR 0 4 1989 • x Filed - I x Entered _ - Docketed in the amount of $ I Dated: April 4, 1989 I • Copies attached I Joyce A. VanEyll ' • Court Administrator I • BY: IV '\ - 11 � li.C ' 1 1��. • - , Deputy Court Administration ,p' ' Carver County Courthouse . 600 East 4th Street i Chaska, MN • 55318 Direct Dialinc (612) ' 448-1201 Civil Division . _ 4148-1202 Traffic Divioir 4148-1203 Vital Statistic I • 1 STATE OF MINNESOTA TAX COURT ICOUNTY OF CARVER REGULAR DIVISION ISpecial Force Ministries, Petitioner, E FINDINGS OF FACT, D!ST^If; cri !7j— CONCLUSIONS OF LAW AND Vs. ORDER FOR JUDGMENT MAR 2 41989 AND JUDGMENT I County of Carver, File No. 88-23902 CAKy c.rti v:'.I '( Respondent . Joyce A. Var.Ev.! Dated: March 20, 1989 The above-entitled matter came on for hearing before the Honorable Arthur C. Roemer, Judge of the Minnesota Tax Court, on October 25, I 1988, at the Carver County District Courthouse in Chaska, Minnesota. IPaul W. Flower, Attorney at Law, appeared for petitioner. Jean Shively, Assistant Carver County Attorney, appeared for respondent. The issue is whether the subject property is exempt from taxation Iin the January 2, 1987 assessment as either a church, church property Ior house of worship, or as an' institution of purely public charity. Post-trial briefs were filed by both parties. ' The Court, having heard and considered the evidence adduced at the hearing and upon all of the files and records herein, now makes the Ifollowing: ' FINDINGS OF FACT 1. Petitioner has sufficient interest in the property to maintain this petition; all statutory and jurisdictional requirements have been Icomplied with, and the Court has jurisdiction over the subject matter i' 1 of the action and the parties hereto. 2. The petitioner is a non-profit Minnesota corporation having been incorporated on November °9, 1978. 1 3. Petitioner operates two facilities for mentally handicapped, persons ; the subject facility and a larger facility in St. Bonifacious 1 in Hennepin County. 4. Tax exempt status for income tax purposes has been granted by the Internal Revenue Service and by the Minnesota Department of 1 Revenue. 5. The subject property consists of a residential lot and parcel described as: Lot 3, Block 2, Schmittville Creek View Addn. , City of Waconia, Carver County, Minnesota; Parcel No. 07-6000090 . 6. Petitioner purchased the subject property by contract for deed on February 4, 1983, which was renegotiated by a second contract for 1 deed executed on September 30, 1986. The title was placed in Special Force Ministries, a corporation which is not a church, nor is it a subdivision, agency or instrumentality of a church. 1 7. Reverend Tom St. Angelo, a duly licensed minister in the Assembly of God Church, resides on the property with his wife. 1 i Residents in the subject property also include three mentally handicapped persons who receive room and board and necessary clothing from the Reverend St. Angelo. 1 8. All three residents pay $329 per month, which is the rate established by state agencies. One of the residents makes an 1 additional contribution of $71 ( $400 total ) , another pays an additional $50 per month. -2- 1 1 , . o 0 1 9 . Reverend St. Angelo does not conduct church services on the 1 property but conducts a weekly evening Bible study attended by his wife, the three other residents in the subject property and other close associates. 1 10 . Reverend St. Angelo is not required to live on the subject property by his church. 1 11. Petitioner admits the subject property is not used as a 1 church or house of worship. 12. The attached Memorandum is hereby made a part of these 1 Findings of Fact. 1 CONCLUSIONS OF LAW II 1. The subject property is not owned by a church and therefore does not qualify for an exemption as a church, church property or house of worship as provided in Minn. Stat. S 272. 02, subd. 1 ( 5) . 2 . The subject property is not an institution of purely public 1 charity within the meaning of Minn. Stat. § 272.02, subd. 1 ( 6 ) . ' 3 . The assessment of the subject property as of January 2, 1987 is hereby affirmed. LET JUDGMENT BE ENTERED ACCORDINGLY. A STAY OF 15 DAYS IS HEREBY ORDERED.1 Q�'.�.Q• F 11,C DM,,-1,1:1L.:47..4,IV,1y'��..hV� `D 7 'i Q BY THE COURT, Nemitof yam � • .._ t �• =.-= Arthur C. Roemer-, Judge -�,j �= Q� � ✓ Minnesota Tax Court 1 DATED: March 20, 1989 1 -3- 0 0 I JUDGMENT I I hereby certify that the foregoing Conclusions of Law constitute the I Judgment in this matter. Dated this 4th day of April, 1989, I BY THE COURT: Joyce A. VanEyll Court Administrator I By: i ,--1.....,,,k_ii,,d_Ck-- — - ---- Deputy II II MEMORANDUM II Petitioner was incorporated as a non-profit organization on II November 9, 1978 ; organized exclusively for charitable and religious purposes according to its Amended Articles of Incorporation. Income I tax exemption has been granted to petitioner by the Internal Revenue . Service and by the Minnesota Department of Revenue. II Petitioner entered into a contract for deed on February 4,1983 II for the purchase of the subject property. The terms were renegotiated by a second contract for deed dated September 30, 1986 . Thomas N. I - St. Angelo, petitioner ' s president, personally guaranteed the debt. The property consists of a residential lot and a residential I ' structure. Few details were introduced in the record regarding the II property. . The petitioner ' s president, Thomas N. St. Angelo, is a licensed I minister, having been licensed to preach by the Minnesota District Council of the Assemblies of God, a Christian religious denomination. I His ministry license was temporarily suspended following conviction of II a felony for criminal sexual conduct with a facility resident. -4- . 0 0 i II Reverend St. Angelo and his wife reside in the subject property, having been provided the use of said property for his ministerial Iservices performed for Special Force Ministries. Also residing in the subject property are three mentally Ihandicapped adults . They are provided room, board and essentials by the corporation. All three residents pay $329 per month, which is the IIfee established by state agencies. One of the residents voluntarily Imakes an additional payment of $71, totalling $400 . The corporation provides food, clothing, care and recreation for these three mentally Ihandicapped residents . Admission to the subject property is restricted to mentally handicapped persons. Reverend St. Angelo received a salary of $500 per month and his ' wife was paid $175 per week. In addition, both receive room and board. Reverend St. Angelo does not conduct church services on the Isubject property but conducts a weekly Wednesday evening Bible study attended by his wife, the three residents and other close associates. IReverend St. Angelo does conduct Sunday services several times a month ' at other locations. Reverend St. Angelo admits that the subject property is not used as a church or house of worship. ' Petitioner filed an exemption request with Carver County in 1985 and again in 1987 . In 1985 exemption was requested as an institution Iof purely public charity. In 1987 exemption was requested as a Ichurch, church property or house of worship. At trial petitioner requests exemption under one or both grounds. ' The law governing exemptions provides as follows: r I. -5- C ``✓ 272. 02 EXEMPT PROPERTY. Subdivision 1 . All property described in this ' section to the extent herein limited shall be exempt from taxation: ( 1) All public burying grounds; ( 2) All public schoolhouses ; ( 3) All public hospitals ; ( 4) All academies, colleges, and universities, and all seminaries of learning; ( 5) All churches, church property, and houses of worship; ( 6 ) Institutions of purely public charity except parcels of property containing structures and the structures assessed as class 7(a) , (b) , (c) , or (d) ; The courts have held that taxation is the general rule and exemptions are exceptions . Camping and Education Foundation v. State, , 282 Minn. 245, 164 N.W. 2d 369 (1969 ) ; Minn . Christian Business Men' s Committee v. State, 228 Minn. 549, 38 N.W. 2d 803 ( 1949 ) ; Share v. Commissioner of Revenue, 363 N.W. 47, 50 (Minn. 1985) . The Court in the Christian Business Men' s Committee case stated: Inasmuch as taxation is the rule and exemption ' is an exception in derogation of equal rights, there is a presumption that all property is - taxable. Therefore he who seeks tax exemption bears the burden of proof . Christian Business Men' s Committee v. State, 228 Minn. at 555 [citing ' State v. Bishop Seabury Mission, 90 Minn. 92, 95, 95 N.W.2d 882 (1903) ; St. Peter ' s Church v. County of Scott, 12 Minn. 280 ( 395 ) ; 11 1 Minn. L. Rev. 541, 549 ] . We will first consider whether the property qualifies as church property. In order to become exempt as church property, there are two requirements: (1) owned by a church entity, and ( 2) used for a church purpose. , The Minnesota Supreme Court stated in the Christian Business Men ' s Committee case : -6- 1 0 In order for any institution to qualify for tax ' exemption under Minn. Const. art. 9, § 1 -- and M.S.A. 272 . 02 enacted pursuant thereto -- there must be a concurrence of ownership of the property ' by an institution of the type prescribed by the constitution and a use of the property for the purpose for which such institution was organized. IChristian Business Men ' s Committee v. State, 228 Minn. at 554 [citing State v. Ritschel, 220 Minn. 578, 20 N.W. 2d 673; State v. Willmar IHospital , Inc. , 212 Minn. 38, 2 N.W. 2d 564 ; 11 Minn. L. Rev. 541 ; 51 ' Am. Jur. , Taxation, § 539 . ] The testimony and exhibits established that the property is not Iowned by a church, nor does the church have any control over the activities conducted on the property. The Assemblies of God Church ' does recognize the activities as a home mission. Assemblies of God members and Churches are encouraged to contribute to home missions and contributions to the petitioner are considered to be amounts given to IIhome missions. Reverend St . Angelo indicated that no worship for outside persons is conducted on the subject property. Petitioner Icontends the property is exempt as a parsonage. However, petitioner ' fails to meet the ownership requirement in that the subject property is not owned by a church. Since it fails to meet this prerequisite, I - it is not necessary to further explore whether the use of the property .•quali4f ies it as a parsonage. . Petitioner also contends that the property is exempt as an institution of purely public charity by reason of the charity provided to the three mentally handicapped residents of the home. The Irespondent contends, however, that no charity is provided since the residents each pay for their food, care and lodging. The fee being Ithe same is charged elsewhere, $329 per month. ' -7- Petitioner relies upon the case of Assembly Homes, Inc. v. Yellow Medicine County, 273 Minn. 197, 140 N.W. 2d 336 (1966 ) . In that case, I Assembly Homes, Inc. , a non-profit corporation affiliated with the Assemblies of God Church, operated five nursing homes, one of which was in Clarkfield, Minnesota. The exemption of the Clarkfield home was at issue. All aged and ill persons including invalids were admitted, regardless of religious affiliation. Rates charged were I similar to those in the state of Minnesota by other nursing homes . Petitioner retained the right to discharge persons who refused to pay, but the president testified that if any applicant was unable to pay, I the home would admit the applicant. However, this policy was not incorporate d into the corporate policy. In actual practice, arrange- I ments for payment would be made with the county or the Veterans Administration for those unable to pay. Three-fourths of the patients' fees were paid by county welfare or the Veterans I Administration. A slight profit resulted in the year preceding the one at issu e (1 962) and in 1963, the year at issue ($7, 854 .43 & I $51. 61, respectively) . Donations of $5, 448. 53 were received in 1963 on behalf of all five homes, none of which was allocated to the Clarkfield home. Donations of $66.00 were made to the Clarkfield home in 1962. The District Court denied the exemption on the basis that there was no indication that charity had been dispensed at the I Clarkfield home. The Supreme Court reversed, holding that based upon all the facts, the property fell within the definition of an institution of purely public charity. I Subsequent to the decision in the Assembly Homes case, the Minnesota Supreme e Court in the case of North Star Research Institute I -8- v. Hennepin County, 306 Minn. 1, 6, 236 N.W. 2d 754, 757 ( 1975) , Iestablished a six factor test to be applied in determining whether ' property qualifies as an institution of purely public charity. We will discuss the extent to which the subject property satisfies these Isix requirements . 1 . Whether the stated purpose of the undertaking ' is to be helpful to others without immediate expectation of material reward. ' The subject property is owned by a non-profit corporation. The articles of incorporation indicate that it was incorporated for Icharitable purposes . Thomas St. Angelo was the incorporater, president and a director . The other board members, one or more of Iwhom are employees, are close associates of Mr . St. Angelo. Board IImeetings are not conducted on a regular basis. Both the Reverend St. Angelo and his wife receive a salary for services performed for Ithe corporation. While we are comfortable with the stated purpose of the corporation, we are uncomfortable with the financial arrangements Iand whether the expectation of material reward in the form of salary Iand free living quarters is a motivating factor . Petitioner however does satisfy this requirement. 2. Whether the entity involved is supported by donations and gifts in whole or in part. The petitioner in this case satisfies this requirement in that IIdonations were received from two of the three residents, from Rev. St. Angelo, and from the Assemblies of God Church. The Assemblies of ' God Church has classified Special Force Ministries ( including the subject home) as a home mission and encouraged contributions by its Imembers to home missions . Contributions of $60,055 were received from ' -9- 0 members of the Assemblies of God Church. However , the record does not disclose how much, if any, was allocated to the subject facility. 3 . Whether the recipients of the charity are required to pay for the assistance received in whole or in part. The record is clear in this instance in that all three of the recipients pay for the services provided. The payment for the services equals the standard fee established by the state of Minnesota. In the case of two of the residents, an additional payment ' is made, allegedly in the form of a contribution. The petitioner fails to satisfy this requirement. 4. Whether the income received from gifts and donations and charges to users produces a profit to the charitable institution. This is an important factor . However , insufficient evidence was ' introduced in order to make a determination as to whether a profit was produced from the subject facility. The petitioner has not proved that it satisfies this test. 5. Whether the beneficiaries of the charity are restricted or unrestricted and if restricted, whether the class of persons to whom the charity is made available is one having a reasonable relationship to the charitable objectives. The evidence indicates that admission to the home is restricted to mentally handicapped persons. It is open to all mentally handicapped persons, regardless of race, color or creed. What constitutes ' mentally handicapped persons has not been defined. We are satisfied, ' however , that mentally handicapped persons constitute a class of persons for whom charity is appropriate, and that the three , individuals residing in the home are sufficiently handicapped so as to constitute an object of charity. -10- , 1 . . 0 1 6 . Whether dividends in form or substance or 1 assets upon dissolution are available to private " "- . interests . The record is clear that upon dissolution, the assets of peti- tioner are transferable to another non-profit organization. The Irecord is also clear that the Special Force Ministries has not declared any dividends for the benefit of any private individual . IHowever, we do have concern over whether the assets of the corporation Iare being distributed to Reverend St. Angelo and his wife (and one or more of the directors who are employees ) in the form of salaries 1 and/or living expenses. If that is not now occurring, certainly the potential is there since Reverend St. Angelo is the founder , president Iand director, whose salary and benefits are set by a board of Idirectors consisting of close associates, one or more of whom are employees. The Minnesota Supreme Court, in the North Star case, supra, indicated that it is not essential that every factor be present before Ian institution qualifies for exemption. This was repeated in the case of Mayo Foundation v. Commissioner of Revenue, 306 Minn. 25, 236 N.W. 2d 767 (1975 ) : 1 The general language of our definitional statements and the identification of factors in our prior cases are only guides for analysis. Each case must be decided on its own particular facts, and it is not essential that every factor mentioned in our decisions be present before an institution 1 qualifies for exemption. 306 Minn. at 36 . 1 Being a non-profit corporation does not guarantee exemption from property taxes . Minn. State Bar Association v. Commissioner , 307 IMinn. 389, 240 N.W. 2d 321 (1976) ; Camping and Education Foundation v. 1 -11- 1 State, 282 Minn. 245, 164 N.W. 2d 369 (1969 ) . Having a worthwhile objective does not of itself justify classifying an institution as a purely public charity. Share v. Commissioner of Revenue, 363 N.W. 47, ' 50 (Minn. 1985) . Nor does the fact that the petitioner has been granted an exemption from state and federal income tax have any significant bearing on its exemption from property taxes. The only • requirement that need be met to obtain income tax exemption is to qualify as a non-profit corporation. However, this does not establish t that the corporation is an institution of purely public charity. While this case bears some resemblance to the case of Assembly ' Homes, Inc. , supra, the fiscal facts were fully presented in the Assembly Homes case, but not here. In addition, ownership in the Assembly Homes case was broad based, compared with Special Force ' Ministries where the directors and officers consist of the founder and close associates. We find there is greater similarity to the ' philosophy expressed by the Minnesota Supreme Court in the case of Share v. Commissioner of Revenue, supra, in which a health maintenance organization which provided health care on a non-profit basis to a ' cross-section of the community but received the bulk of its support from fees, provided no services to individuals who would otherwise 1 turn to the government for such aid and provided no services without charge, was not a purely public charity entitled to exemption. As the Supreme Court noted in the Share case, the services provided were very commendable . Likewise, providing a religious home to mentally handicapped persons is very commendable. However, each of the three residents pay for their care . Since they pay in full for the room and board they receive, one might question what charity is -12- ' 1 ' . ' , I provided to them. And, if they are not the recipients of the charity, ' who is? Petitioner also alleges -discrimination on the basis that another facility for the handicapped in the county has been granted exemption. The facts regarding that facility, Mount Olivet Rolling Acres, were not introduced since the exemption of that facility was not in issue. We are therefore unable to determine the extent of ' similarity, if any. Based upon the record as a whole, we find that the petitioner has failed to prove that the subject property is used as an institution of purely public charity. A.C.R. I 1 1 -13- I ADMINISTRATIVE STAFF MEETING AUGUST 1, 1989 Present: Norma Schuller, Nikki Dummer, Vicki Churchill, Todd Gerhardt, Karen Engelhardt, Kim Meuwissen ' CITY LINE: Todd Gerhardt has been contacted by City Line, a metro area information phone line, requesting that the City con- sider joining their community bulletin board network. Residents ' would be encouraged to call City Line and then press 1000 to reach the community bulletin board; then they would press in 55317 to get a recording of events happening in Chanhassen that week. The City would be responsible for preparing and recording a message that includes Council and Commission meeting dates, coat- imunity events, watering ban information, etc. , on a weekly basis , as well as advertising this service in our local newspapers. City Line would advertise on Channel 5, in the Weekly Reader and ' on the radio. All present thought this would be a good idea. It provides ' another way of getting information to the public. Norma was selected to be the person responsible for updating the message weekly. She will meet with the representative from City Line in the near future. Auto Attendant: Karen asked if we were getting any feedback on the telephone auto attendant. Nikki and Norma stated they have ' not heard too much. Some people were confused the first time they called in, , but they said they were caught off-guard and really didn ' t listen to the message. ' Another item noted was rotating lunch schedules may be necessary when Kathy leaves so that all the phones are covered. It was originally thought that by putting the public safety phones on ' "call forwarding" that the front desk would automatically get those calls . We found out that because the public safety phones are in a "hunt group" they cannot be put on call forward. Karen ' will talk with Bob Reynolds from Telephone Specialists about other alternatives . Seminar: We have received information on a seminar entitled ' "Dealing with Upset Citizens and the Public" and Don felt this would be a good seminar for all of us to attend. Karen will send in the registration and schedule people so that each department ' is still covered. Desktop Publishing Seminar: Todd stated that he talked with a representative of Ameridata regarding a desktop publishing semi- nar. She stated that there are no seminars scheduled for the new future, but that she would put one together for us . He will '' distribute information to us. r ..Y.ay._Yi6'-!N» 44'-YLW.ni i� -.✓ts- 3va'✓,sr is I Department Meeting Minutes I August 1, 1989 Page 2 Utility Bill Box: Norma was wondering if we could either have a slit cut in the front counter for customers to put utility bills in or to have a nicer looking box built for on too of the front counter. Currently we are using a old envelope box and it looks tacky at the front counter. They have looked in the office pro- ducts catalog and there is nothing appropriate to order. It was suggested that Todd contact Kim Bloomberg to see if he could make one for us. ' I 1 r I 11 LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER. ' DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS IOTT 403 NORWEST BANK BUILDING ELL B KNETSCH VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER PATRICK A. FARRELL SOUTH ST. PAU3 MINNESOTA 55075 GRANNI DAVID L. KNUTSON 111 TELEPHONE(612)455-1661 ` . se-'& DAVID L. HARMEYER ' ' PAISO AD.,ITTEO TO August 3, 1989 PRACTICE IN WISCONSIN Mr. Gary Warren ' Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 ' RE: Teton Lane Dear Gary: ' The attorney for Centex has requested a meeting with myself and the appraiser before proceeding with the above matter. I have agreed to the meeting, however, due to scheduling conflicts we will be unable to meet until sometime after August 14th. I would request that you put this matter on the first Council agenda after August 14th. Very truly yours, GRANNI. -, 4 •RELL TSON, • Ly ' Roger N. Knutson PqV OK RNK:srn y "T ;1 0 1989 t 'I i m NP 3 �t bgg�v x1;�i�iliola9 ` lei:M4 I CITY OF CHANHASSEN 8/01/89 FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING ' August 14, 1989 ' - Approve Mineral Extraction Permit for Lake Susan Hills Partnership - Approve Plans and Specifications for 1989 Street Repair Project, Authorize Advertising for Bids - Approve Supplemental Agreements No. 1 and 2 to Eastern Carver County Transportation Study - Reject Bids, North Side Parking Lot Improvement Project No. 87-17, Authorize Re-Advertising for Bids - Award of Bids, Sidewalk Construction in Saddlebrook Subdivision, Project No. 87-15A - Approve Development Contract for Lake Riley Woods 2nd Addition August 28, 1989 ' - Approve Plans and Specifications for Extension of Sanitary Sewer and Water to Lots 9 and 15, Block 1, Chanhassen Hills 1st Addition ' - Approve Development Contract for Lake Susan Hills West 3rd Addition. - Accept Feasibility Study for Lake Drive East and 184th Avenue Improvement Project No. 89-6, Call Public Hearing - Consider Authorization of Condemnation of Teton Lane Easements ' - Approve Preliminary Plans for T.H. 5 from T.H. 41 to CSAH 17; Layout No. 1B, S.P. 1002-88035 (5=121) - Approve Development Contract for Audubon Court, Improvement Project No. 89-7 - west 78th Street Detachment Improvement Project No. 87-2 ' A. Re-initiate West 78th Street Detachment Feasibility Study - Phase I B. Public Hearing, West 78th Street Detachment Feasibility Study - Phase I C. Approve Plans and Specifications and Authorize Advertising for Bids for West 78th Street Detachment Improvement Project No. 87-2 D. Approve Interagency Agreement with Carver County September 11, 1989 - Award of Bids, North Side Parking Lot Improvement Project No. 87-17 1 1 CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING Page 2 ' September 11, 1989 (Continued) - Authorize Feasibility Study for Upgrade of Audubon Road from Soo Line , Railroad to Lyman Boulevard - Public Hearing, Lake Drive East and 184th Avenue Improvement Project No. 89-6 - Authorize Preparation of Plans and Specifications for Lake Drive East and 184th Avenue Improvement Project No. 89-6 - Public Hearing, Frontier Trail Utility and Roadway Improvements; Authorize Preparation of Plans and Specifications. - Authorize Preparation of Plans and Specifications for 1989 Sewer Rehabilitation Program - Authorization Preparation of Plans and Specifications for Increasing the Capacity of Well No. 3 September 25, 1989 , - Award of Bids, West 78th Street Detachment Improvement Project No. 87-2 October 9, 1989 - Accept Plans and Specifications and Authorize Advertising for Bids for 1989 Sewer Rehabilitation Program October 23, 1989 Accept Feasibility Study for Upgrade of Audubon Road from Soo Line Railroad to Lyman Boulevard, Improvement Project No. , Call Public Hearing - Authorize Inspection Study for Rehabilitation of Murray Hill Water Tower November 6, 1989 ' - Award of Bids, 1989 Sewer Rehabilitation Program November 20, 1989 ' - Accept Plans and Specifications and Authorize Advertising for Bids for Increasing the Capacity of Well No. 3 1 - Authorize Preparation of Plans and Specifications for Rehabilitation of Murray Hill Water Tower. - Approve Plans and Specifications and Authorize Advertising for Bids for Frontier Trail Utility and Roadway Improvements CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA I'T'EMS ENGINEERING ' Page 3 November 20, 1989 (Continued) ' - Public Hearing, Upgrade of Audubon Road from Soo Line Railroad to Lyman Boulevard, Improvement Project No. ' - Authorize Preparation of Plans and Specifications for Upgrade of Audubon Road from Soo Line Railroad to Lyman Boulevard, Improvement Project No. - Authorize Preparation of Plans and Specifications for Well No. 5 December 18, 1989 ' - Award of Bids, Increasing Capacity of Well No. 3 Future Agenda Items - Date Unknown ' - Accept Plans and Specifications and Authorize Advertising for Bids, Rehabilitation of Murray Hill Water Tower (1/90) - Award of Bids, Rehabilitation of Murray Hill Water Tower (2/90) - Accept Specifications for Utility Telemetry System ' - Approve Development Contract for Bluff Creek Greens (last chance 9/25) ' - Approve Development Contract for Lake Susan Hills West 2nd Addition - Approve Development Contract for Lake Susan Hills West 3rd Addition ' - Consider Establishment of Storm Water Drainage Utility - Award of Bids, Upgrade of Audubon Road from Soo Line Railroad to Lyman ' Boulevard, Improvement Project No. (4/90) - Establish City-Wide Sidewalk Policy - Award of Bids, Utility and Roadway Improvements to Frontier Trail (1/90) ' - Accept Plans and Specifications and Authorizing Advertising for Bids, Lake Drive East and 184th Avenue Improvement Project 89-6 (1/90) - Award of Bids, Lake Drive East and 184th Avenue Improvement Project 89-6 (3/90) ' - Approve Plans and Specifications and Authorizing Advertising for Bids, Well No. 5 (1/90) 1 - Award of Bids, Well No. 5 (3/90) - Approve Plans and Specifications and Authorize Advertising for Bids for ' Upgrade of Audubon Road from Soo Line Railroad to Lyman Boulevard, Improvement Project No. (3/90) 1 CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING Page 4 - ASSESSMENT HEARINGS (By 10/10) h , 1. Church Road (87-5) 2. Downtown Redevelopment - Phase II (86-11B) 3. Bluff Creek Drive (80-5) 4. Kerber Boulevard (87-9) 5. Audubon Road (88-20) Public Information Meetings 1 - August 30, 1989 - Frontier Trail Utility and Roadway Improvements CONSULTANTS PLEASE NOTE: Reports are due in engineering no later than 10 days prior to the City Council meeting date, i.e. Friday. `---------'-----w------ ' Copies to: City Hall Department Heads Ga ry Ehret, BRW Karen Engelhardt, Office Manager Bud Osmundson, OSM Kim Meuwissen, Eng. Secretary Jack Kollmer, AEC Fred Hoisington City Council Administrative Packet Bill Engelhardt 1 1 1 1 1 i 1 i 1 ' ADMINISTRATIVE STAFF MEETING AUGUST 1 , 1989 ' Present: Norma Schuller, Nikki Dummer, Vicki Churchill, Todd Gerhardt, Karen Engelhardt, Kim Meuwissen CITY LINE: Todd Gerhardt has been contacted by City Line, a metro area information phone line, requesting that the City con- sider joining their community bulletin board network. Residents would be encouraged to call City Line and then press 1000 to reach the community bulletin board; then they would press in 55317 to get a recording of events happening in Chanhassen that ' week. The City would be responsible for preparing and recording a ' message that includes Council and Commission meeting dates , com- munity events, watering ban information, etc. , on a weekly basis , as well as advertising this service in our local newspapers. City Line would advertise on Channel 5 , in the Weekly Reader and on the radio. All present thought this would be a good idea. It provides ' another way of getting information to the public. Norma was selected to be the person responsible for updating the message weekly. She will meet with the representative from City Line in the near future. Auto Attendant: Karen asked if we were getting any feedback on the telephone auto attendant. Nikki and Norma stated they have not heard too much. Some people were confused the first time they called in, but they said they were caught off-guard and really didn ' t listen to the message. Another item noted was rotating lunch schedules may be necessary when Kathy leaves so that all the phones are covered. It was originally thought that by putting the public safety phones on ' "call forwarding" that the front desk would automatically get those calls . We found out that because the public safety phones are in a "hunt group" they cannot be put on call forward. Karen ' will talk with Bob Reynolds from Telephone Specialists about other alternatives . Seminar: We have received information on a seminar entitled "Dealing with Upset Citizens and the Public" and Don felt this would be a good seminar for all of us to attend. Karen will send in the registration and schedule people so that each department is still covered. Desktop Publishing Seminar: Todd stated that he talked with a 1 representative of Ameridata regarding a desktop publishing semi- nar. She stated that there are no seminars scheduled for the new future, but that she would put one together for us . He will ' distribute information to us. Department Meeting Minutes ' August 1 , 1989 Page 2 Utility Bill Box: Norma was wondering if we could either have a slit cut in the front counter for customers to put utility bills in or to have a nicer looking box built for on top of the front counter. Currently we are using a old envelope box and it looks tacky at the front counter. They have looked in the office pro- ducts catalog and there is nothing appropriate to order. It was suggested that Todd contact Kim Bloomberg to see if he could make one for us . 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A C C O U N T S P A Y A B L E 08-14-89 PAGE 1 CHECK * A M O U N T C L A I M A N T P U R P O S E 032513 13,081.96 PRN MUSIC CORPORATION SPL ASSESSMENT PAYMENTS yt. 032529 6,409.97 STEVEN C. WILLETTE SPL ASSESSMENT PAYMENTS ,r 032532 69.24 DONALD ASHWORTH TRAVEL + TRAINING 3 19,561.17 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING a 4 , 44 V ki r 04 CITY ® 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 4, 1989 ' Mr . Steve Colvin Department of Natural Resources Ecological Services Section ' Box 25 500 Lafayette Road St. Paul, MN 55155 Dear Steve : As you may be aware, the City of Chanhassen is in the process of gearing up for the big invasion of eurasian water milfoil . We believe we have confirmed samples on our major lake, Lake Minnewashta, but as of yet we are unable to locate it within the lake itself. The confirmed sample was allegedly found on the shore . We have talked to several companies and have received bids of ' approximately $1, 200 to survey the lake in an attempt to locate where the eurasian water milfoil is growing. I have also been made aware of a cost sharing program with the DNR regarding eura- sian water milfoil . I would like to know more about this and what the cost sharing program would cover . Please feel free to contact me either in writing or by phone, and ' I appreciate your time on this matter . Sincerely, 1 im Chaffee Public Safety Director JC:ks ' C: Don Ashworth, City Manager Scott Harr, Assistant Public Safety Director cc_ 904,x - ,u, v Olk [14 CITY OF .,..,A 2 .,. C -;.- ; ANHIISSEN ..,‘s..i a 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 4, 1989 Mr. Joe Molina Technology Forms 80 West 78th Street, Suite 260 Chanhassen, MN 55317 Dear Mr. Molina: I am in receipt of your letter to Mayor Don Chmiel dated July 31, 1989, reference the intersection of West 78th Street and Highway 101 and Highway 5 interchange. We cannot disagree with your assessment of the complexity of that intersection. In addition, we are in the process now of attempting to purchase property in the area to redesign that entire intersection. In the meantime, the Sheriff's Department has directed the patrols to keep a close eye at that intersection for violations that may occur. We have also checked and it would appear that intersection is no more hazardous from an acci- dent standpoint than other more normal intersections in the county. Once again though, we do agree with you that it is a complex and often times a confusing 1 intersection. Part of the confusion stems from people making a right hand turn to go north on Highway 101 through the yield sign don't expect to have to yield to a vehicle making a left hand turn. We are all taught that the right hand turn has the right of way at cross intersections. I think your last paragraph in your letter hits the nail on the head. Until the time comes when we do have authorization to change that intersection, we will all have to drive in a defensive manner, as we should anyway, at all intersec- tions. Please feel free to contact me should you wish to discuss this matter further. incerely, im Chaffe? Public Saf- t Director JC:ks C: Don Ashworth, City Manager Mayor Don Chmiel Sheriff Al Wallin Col. Rodger Ledding ! Joel Katz Chapter 17 STREETS AND SIDEWALKS* Art. I. In General, §§ 17-1-17-15 Art. IL Excavations, §§ 17-16-17-23 Art. III. Moving Building, §§ 17-31-1743 Div. 1. Generally, §§ 17-31-17-40 Div. 2. Permit, §§ 17-41-1743 ARTICLE I. IN GENERAL Secs. 17-1--17-15. Reserved. ARTICLE II. EXCAVATIONS Sec. 17-16. Compliance. All excavation and underground construction within the city shall be performed in compliance with this article. (Ord.No. 27, § 9; 4-29-68) Sec. 17-17. Permit. (a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public ground or public easement without first obtaining a permit from the city council and paying the fee established by resolution for the permit. A permit is not required of a bonded plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage disposal system. (b) Each application for permit shall be made in writing on a form furnished by the city. (c) Each permit for an excavation shall be issued in writing and shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work.The permit shall be exhibited to any city official upon request. (d) Unless the applicant has in force the bond required of licensed plumbers, or unless I, otherwise waived by the city council, a surety bond in the amount of two thousand dollars ($2,000.00) shall be required from each permit applicant. Such bond shall be conditioned that the principal shall perform the work in accordance with this article and all applicable regulations. (Ord. No. 27, §§ 1-4, 6, 4-29-68) *Cross references—Motor vehicles and traffic, Ch. 12; fee for street vacation and ease- ment vacation, etc., § 15-2; street names and building numbers, § 15-31 et seq.; storm sewers, § 19-96 et seq. State law reference—General authority relative to streets, M.S. § 412.221, subd. 6., 943 PUBLIC SAFETY DEPARTMENT MEETING MINUTES AUGUST 4, 1989 N� Present: Jim Chaffee Jim Thompson Absent : Scott Harr � Dale Gregory Ron Julkowski Carl Barke Kathy Sundquist Steve Nelson Bob Zydowsky N� Carol Dunsmore Deb Rand Mark Littfin Steve Kirchman OLD BUSINESS: Plumbing Service Lines: Carl received a letter from Roger N� Knutson stating the City can not change the code on the size of -~ the lines based on the State guidelines. A letter will be sent to Valley Plumbing asking them to comply with our suggestion of N� using 1" water lines. A letter will also be sent to all building N� contractors and have handouts available for walk-in plumbing contractors. N� Sump Pump Pit: Handout flyers will be available for contrac- tors informing them of the necessary plumbing needed for all sump pump pits. Stickers did arrive and the plumbing inspectors are N� leaving them near the sump pump in each home at the time of the final plumbing inspection. Public Safety Unisex Restroom: Jim Chaffee will notify contrac- tor of necessity to finish the remaining area into another bathr000m. (HIS & HERS! ! ) N� Fire Department Restroom: Dale Gregory mentioned the restroom in — the Fire Department needs to be finished. Also, appliances need to be installed. m� Monthly Training Meetings: Scott will coordinate the first meeting on Wednesday, August 30th. Jim will have the September 27 meeting. Hooked On Classics: Ron stated the new location for Hooked On Classics will be a B-2 occupancy, requiring a 1 hour separation. N� No more than 1 gallon of gas will be allowed in the vehicles in the showroom, batteries out of cars, no starting of engines in building, no dispensing of gasoline in building. The entire building should be sprinklered. Mark will address the sprinkler N� system for the building. Strict ventilation codes will be addressed. N� Handicap Parking: Steve Kirchman reported that the parking lot at St . Hubert ' s Church has met the handicap parking codes. Also, the Bloomberg' s plans meet the requirements for handicap parking N� spaces. Roofing Permit : Ron will be checking with Bloomberg on the status of their roofing permit . . ' ' - ' N� PUBLIC SAFETY DEPARTMENT MINUTES ~~ August 4, 1989 Page - Message Center : Carol will check catalog for acquisition. Copier : Karen is researching. N� Computer Printer : Steve Kirchman still researching the options. 8� NEW BUSINESS Vehicle Striping: Suggestion made to stripe/decal the Public N� Safety vehicles. Steve Kirchman will check with Harold on proofs and prices on doing such. Vacation: Carol mentioned she has a calendar at her desk for all N� personnel to mark their vacation days on. Overtime: Ron stated that Scott would like a tight handle put on N� the overtime in the Building Department . Plan Review: The inspectors mentioned the difficulty of staying Iin the office to do commercial plan reviews - many disruptions from phones and walk-in customers. Jim Chaffee asked about the possibility of having Arlo help out with commercial plans. Jim also mentioned the commercial plans arriving in the future - the N� strip mall , hotel , shopping center . The Public Safety conference room or the Highway Patrol ' s interview room are available for plan review. Steve L. mentioned the review time for commerical N� plans is minimum three weeks . Construction Thefts: Deb talked about the ongoing thefts hap- pening the area. She asked inspectors to [ eep her informed of N� any incidents. Stratford Ridge: Suspicious barrels were found in the Stratford N� Ridge area. Mark will investigate. Next Meeting: Friday, August 11 , 8: 30 a. m. � � jr., cC Min IN PA.cx. - 8/161 MOTO" Northern States Power Company 1 Minnetonka Area 5505 County Road 19 Excelsior, Minnesota 55331-8565 Telephone(612)474-8881 1 August 8, 1989 1 City of Chanhassen 1 690 Coulter Drive Chanhassen, MN 55317 ATTN: Gary Warren, City Engineer 1 RE: Underground Utility Permits Ordinance No. 27, Section 17-17 (D) File #PW035 1 Dear Gary, This letter is in regard to your letter dated July 24, 1989 which 1 pertains to the above subject and a $2, 000. 00 Security Bond. Northern States Power Company has served the City of Chanhassen for many years and will continue this service indefinitely. We 1 therefore, ask that the City Council exempt Northern States Power Company from the above mentioned Security Bond. Thank you. 1 Sincerely, 1 Marlow E. Peterson Manager, Community Services MEP:lcd cc: Don Chmiel, Mayor 1 Council Persons: Denise Dimler, Jay Johnson, Tom Workman, Bill Boyt CITY OF CHANHASSEN VARR 1 AU G 10 1989 i ENGINEERING DEPT. 1 Chapter 17 STREETS AND SIDEWALKS* Art. I. In General, §§ 17-1-17-15 Art. II. Excavations, §§ 17-16-17-23 Art. III. Moving Building, §§ 17-31-1743 Div. 1. Generally, §§ 17-31-17-40 Div. 2. Permit, §§ 1741-1743 ARTICLE I.IN GENERAL Secs. 17-1-17-15. Reserved. ARTICLE II. EXCAVATIONS Sec. 17-16. Compliance. All excavation and underground construction within the city shall be performed in , compliance with this article. (Ord.No. 27, § 9,4-29-68) Sec. 17-17. Permit. (a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public ground or public easement without first obtaining a permit from the city council and paying the fee established by resolution for the permit. A permit is not required of a bonded plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage disposal system. (b) Each application for permit shall be made in writing on a form furnished by the city. (c) Each permit for an excavation shall be issued in writing and shall be kept on the site ' of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited to any city official upon request. (d) Unless the applicant has in force the bond required of licensed plumbers, or unless otherwise waived by the city council, a surety bond in the amount of two thousand dollars ($2,000.00) shall be required from each permit applicant. Such bond shall be conditioned that the principal shall perform the work in accordance with this article and all applicable regulations. u, (Ord. No. 27, §§ 1-4, 6, 4-29-68) *Cross references—Motor vehicles and traffic, Ch. 12; fee for street ease- ment vacation, etc., § 15-2; street names and building numbers, § 15-31 et se cation and eers, § 19-96 et seq. q.; storm sewers, State law reference—General authority relative to streets, M.S. § 412.221,subd. 6., 943 '