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1 ADMINISTRATIVE SECTION Correspondence to and from Roger Pauly re: Access for Chanhassen Legion Post 580 . Letter from MWCC dated December 27, 1988. Memo from Scott Harr dated November 15, 1988 . Memo from Jim Chaffee dated December 1, 1988 . Memo from Gary Warren dated January 3, 1989 . HRA Accounts Payable. ' Letter to Mr. & Mrs. Ralph Hegman dated December 7, 1988 . Memo from Jim Chaffee dated December 12 , 1988 . ' Letter to Carver County Court re: B.C. Burdick dated December 13 , 1988 and letter from Roger Knutson dated December 22 , 1988. ' Letter to Mark MacPherson dated December 19 , 1988 . Letter to Southwest Metro Transit dated December 15 , 1988 . Letter from B.C. Burdick dated December 5 , 1988 . Letter to Vanman Construction dated December 22 , 1988 . Memo from Scott Harr dated December 21, 1988 . I1988 Street Department Construction Accomplishments . Site Meeting Minutes for City Hall/Fire Station Projects dated ' December 15, 1988 . Letter to Howard Preston dated December 30, 1988. Letter to Pastor Brian Pike dated December 19 , 1988 . Public Safety Department Monthly Report for August, 1988 . Correspondence to and from Patrick and Virginia Hanily. ' Memo from Jim Chaffee dated December 9 , 1988 . Park and Recreation Commission Agenda for January 10 , 1988 . ' Public Safety Commission Agenda for January 19 , 1988 . Correspondence to and from Willard Halver. tLetter to the Editor dated January 5 , 1989. Letter to Mrs. Geri Iekaas dated January 5 , 1989 . I Hoisington Group Inc. C ®cc-K. Land Use Consultants December 30, 1988 ' Mr. Roger Pauly Lang, Pauly, Gregerson, Ltd. 300 Prairie Center Drive #230 ' Eden Prairie, MN 55344 Re: Legion Post Access ' Dear Roger: ' Enclosed for your review is a drawing of the proposed improvements for Great Plains Boulevard south of Highway 5 as related to access to the ' Legion Post property. As you can see from the drawing, the driveway would have to be moved as far south as is permitted by the City's zoning code to insure a proper spacing between it and Trunk Highway 5. Great ' Plains Boulevard itself would have a median that extends south from Highway 5 approximately 150-175 feet. The future roadway would have four lanes (two in each direction) plus a center left-turn lane. This would allow for all direction turns to and from the Legion and Q-Superette properties. ' It is important to note that this proposal is being made by the City to MnDOT as an alternative to the original MnDOT proposal which was to ' build a median from Highway 5 to Lake Drive East and close the Legion's present driveway. We have not yet received MnDOT's formal approval for this layout but we believe the plan will work and will do everything in our ' power to see that such a plan is implemented. The important thing for the Legion is that it will have to move its driveway at a time in the future that correlates with the Highway 5 and Great Plains Boulevard intersection ' improvements. 7300 Metro Blvd. 1989 Suite 525 JAN 0 3 OJ Edina.MN 55435 (612)835-9960 „IANI iASSEN I • • 1 1 If you have any further questions or concerns about the enclosed concept, do not hesitate to give me a call. I Sincerely, 41e1 I Fred Hoisington 1 Consultant Enclosures 1 cc: Donald Ashworth, City Manager I I I I I 1 I I I I I ,' I=...=— ""••r'�'""LiEC 28 'Le 17:44 ERN II IC.' ��H— q P.2.2 r fl I 7111. 11_�._S 1 2 1 SH 1-S41,NLL 1 SHOPP1 L G 1 ���1 ._...-.- _1 5 r ' , I I \ - f �-- --- 1 (� 20'R,j tR"E-F1 R _— 0 i ) .r~'� MATCH i ■ 1 .r�rn� ter' °i— f___ 1 30R 1.7c'F. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 December 15 , 1988 1 Lang, Pauly, Gregerson, Ltd. 1 Attn: Mr. Roger Pauly 230 Suburban National Bank Building 300 Prairie Center Drive 1 Eden Prairie, MN 55344 Dear Mr. Pauly: Mayor-elect Don Chmiel forwarded to me your letter of December 7, 1988 and has asked that I coordinate the answers to the questions posed in your letter. 1 As you are aware, Fred Hoisington is currently coordinating the Highway 101 Realignment Project for the City. By this letter, I am asking Mr. Hoisington to respond directly to the points raised in your letter. Mr. Hoisington has previously demonstrated his ability to respond within a reasonable time frame and I would hope that such would also be the case regarding your questions . 1 Although I am hopeful that Mr. Hoisington' s responses can be definitive, I am fearful that such cannot occur. My discussions 1 with the Department of Transportation/consultants have led me to believe that the City will be given significant flexibility in allowing accesses onto Great Plains Blvd. if Highway 101 is suc- cessfully relocated. That relocation is proposed to be funded via special assessments in the westerly portion of the project area and via tax increment revenues for that segment being re- routed at the Hennepin County border. The City of Chanhassen 1 sincerely appreciated the efforts of your wife, Sidney, in helping to sponsor a bill in this past legislative session which would have assured that funds were available for the work pro- f posed on the east end of TH 101. Unfortunately, that bill lost by one vote in the waning moments of the legislative process. It is primarily Hennepin County Commissioners who expressed concern 1 over the project and, during this past year, there have been several meetings with Hennepin County so as to assure that that failure does not occur again in January. Until the City of Chanhassen is in a position to definitively state to the 1 Department of Transportation that we will be financially respon- sible for carrying out the relocation efforts, I am doubtful that the Department of Transportation will agree to access points for Lake Drive East, Total, and the Legion property. 1 Mr . Roger Pauly ' December 15 , 1988 Page 2 Assuming that the City is not successful in obtaining the funds for relocating Highway 101, it was my belief that the Department of Transportation would still consider some form of direct access for both the Legion and Total property. The concept appeared to be one of having a joint driveway which would be shared by both properties . As no drawings were available, this option appeared more confusing. Again, I would hope that Mr. Hoisington can be successful in obtaining a tentative drawing from BRW or the Department of Transportation which will show this joint access in greater detail. As stated earlier, I .have asked Mr. Hoisington to respond directly to you. I would anticipate that Mr. Hoisington' s response will also be reviewed by the City Council at their meeting of January 9 , 1989 . - Please feel free to contact me if you have questions . Sincerely, ' /411Z J7,321-..A110(111) Don Ashworth City Manager DA:x ' cc: Becky Kelso, State Representative Bob Schmitz , State Senator Mayor and City Council American Legion, Attn: Mr . Bernie Schneider Fred Hoisington, Hoisington, Inc. Don Ringrose, BRW, Inc. • I r I 1 LANG, PAULY &GREGERSON, LTD. ATTORNEYS AT LAW 230 SUBURBAN NATIONAL BANK BUILDING 300 PRAIRIE CENTER DRIVE EDEN PRAIRIE,MINNESOTA 55344 TELEPHONE:(612)829-7355 ROBERT I.LANG MINNEAPOLIS OFFICE ' ROGER A.PAULY DAVID H.GREGERSON• 4400 SOUT CE GHR RICHARD F ROSOW 80 SOUTH EIGHTH STREET MARK J.JOHNSON MINNEAPOLIS,MINNESOTA 55402 JOSEPH A.NILAN FAX 33 35 FAX(6122))349-6718 JOHN W LANG,CPA LEA M.De SOUZA REPLY TO EDEN PRAIRIE OFFICE: RICHARD D.EGAN December 7, 1988 JEFFREY C.APPELQUIST• JUDITH K.DUTCHER ' •Also Authorized to Practice Law in Wisconsin Mayor-Elect Don Chmiel ' 7100 Tecumseh Lane Chanhassen, MN 55317 Dear Mr. Chmiel: ' We are writing this letter to you on behalf of the Chanhassen American Legion Club regarding the proposed upgrading of State Highways 101 and 5 through the City. At the public meeting of the proposal on October 27, 1988 representatives of the State Highway Department indicated that the current version of the plan provides for the closing of the direct access of the Legion Club' s property to present Highway 101 and the relocation of that access to some point on Lake ' Drive. Lake Drive, of course, is situated southerly of the pro- perty and apparently is proposed to access the property, at its southeasterly corner. More recently the suggestion has been made ' by your consultants that the American Legion Club have right in - right out access only. ' The Legion Club ' s property consists of approximately 5 . 5 acres with approximately 240 feet of frontage on Highway 101 from which access has been obtained, since the Legion Club occupied the property in 1958 . The property is zoned "BN" - Neighborhood Business District, which permits a number of retail and other business uses , as well ' as certain service oriented office uses . The location of the property makes it one of the prime commercial development properties in the City. ' The elimination of the direct access of the property to Highway 101 or the reduction of that access to right in - right out only would have a major impact on the development and use ' of the property for both the American Legion club, as well as the City. This impact would be caused by the loss of the present I 11 highly visible and convenient access to the property via present I Highway 101 by persons traveling easterly or westerly on Highway 5, as well as traveling on present Highway 101. It would result in excessive inconvenience to the citizens of the community to visit the stores and businesses that will one day be located on the property. It would also result in the taking of significant and valuable property rights from the Legion Club, as to not only its present operation, but more importantly the future commercial development of the property. It is for these reasons that the American Legion Club and its members are deeply concerned about the proposal to close the access to present Highway 101 or to limit the access to right in - right out only. Furthermore, the proposal to close or limit the access is highly discriminatory against the Legion Club. For example, immediately across and north of Highway 5 the recommendation is for full access to the Amoco Station property as well as those properties directly west of the Amoco Station. While the American Legion Club supports the median cuts and full turning movements for those properties , by what standard of logic or fairness can a distinction be made to provide a much worse access to the American Legion Club pro- perty? ' The members of the American Legion Club wish to convey their deep concern as to these proposals and to request that the City Council not approve the plan insofar as it would close or limit the direct access of the property to present Highway 101, or in the alternative, that any approval of the plan be subject to the retention of that access to its property by the American Legion Club. If necessary, the American Legion Club would have no objection to the relocation of its access nearer to its southerly property line. ' Sincerely �/og r � P ly RAP:ss legion 11 I I . CITY OF ,.... . ._.., \ L:::!v ' C EAFT; IASSEN 1 , , . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 December 15 , 1988 I _ I Commissioner John Derus Hennepin County Board A-2400 Government Center Minneapolis , MN 55487 I Re: State Trunk Highway 101 Improvements/Extension of Chanhassen TIF District IDear Commissioner Derus: II I would first like to apologize for not having gotten back to you sooner regarding Highway 101 improvements and the City' s proposal to extend its Economic Development TIF District which lies in Hennepin County. While it has been approximately two months I since you, Becky, Bob and I have talked, we have not been sitting idly.. We have gone through an extensive process of evaluating alternative alignments and have completed the project feasibility I study in line with your suggestions for an equitable sharing of costs between the City, MnDOT and Hennepin County' s TIF funds . Because the City' s Economic Development District expires in 1989 , Iwe would, of course, like to present our proposal for the exten- sion of the District to the 1989 Legislature. We would like to extend the District by three years beginning in 1990 . This will I generate revenues of approximately $2 , 000 ,000 to be used ex- clusively for TH 101 improvements . This represents approximately 40% of the. total project cost. ITo provide justification for an equitable distribution of costs, we have asked BRW to study the utilization of Highway 101 by Hennepin County and Carver County residents to establish bene- I fits. While I had hoped the study results would be available to accompany this letter, we find that the BRW study will be completed on or about December 20. As soon as it is finished, we I will forward that report, along with a copy of the TH 101 Feasibility Study, to your office for review. If you have questions in the meantime, please feel free to con- 111 tact me. After you have had a chance to review the documentation, 1 11 1. Commissioner Derus I December 15 , 1988 Page 2 _ I I will be happy to meet with you and other Hennepin County offi- cials at your convenience to further discuss our proposal . Any suggestions you might have would also be most appreciated. I Sincerely, l_0(1-'"-J71-- t2) I Don Ashworth - 1 City Manager DA:k - 1 i I I I 1 1 II I I I I II Metropolitan Waste Control Commission IMears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 IDecember 27, 1988 IITo Cities Officials, County Commissioners, Township Boards, Legislators, and Metropolitan Council Members: I We're coming to the close of another busy year. I appreciate the 1 opportunity of serving as your representative on the Metropolitan Waste Control Commission (MWCC) . My precinct, Precinct G, is the largest geographically in the metropolitan area. In Precinct G there are 68 cities and townships, 30 of which have sewer service II through the MWCC. I have not been able to visit with all of you personally, but encourage you to contact me and welcome your input regarding MWCC service. You will often find me on the job II site as I want to see first-hand the progress of our various projects, the most recent of which was the repair of the interceptor sewer break in Wayzata. IIThere are many projects contained in this bulletin, please note that the Sewer Service Availability charge (SAC) has been changed. You no longer pay for the SAC at the time of building II unless connection to our system is available. In the past all new buildings were required to pay the SAC fee regardless of the current sewer connection availability. In addition to the SAC I fee, you were required to put in your on-site septic system at a cost of $5, 000 to $7, 000. This change, which I proposed, definitely benefits Precinct G. I Another very important item for our area is the fact that the MWCC's system provides linkage to MWCC plants for all of our cities around Lake Minnetonka. With the phase-out of the Maple I Plain Wastewater Treatment Plant, in 1987, the MWCC has now diverted all sewage discharges away from lakes. I As the representative from your community at the MWCC, I am anxious to convey to you the status of some of the MWCC' s current projects and plans for future projects which affect your community. - Seneca Wastewater Treatment Plant Expansion r I - Plymouth Interceptor Sewer Project -- will service Medina - Blue Lake Wastewater Treatment Plant Upgrade and Expansion I - Blue Lake Interceptor Sewer Repair from July 23 , 1987 storm i ;��°) , JAN 0 3 1989■ • — 1 - CITY,OF CHANHAS tv •1 - Orono Interceptor Sewer Project I - Lift Stations - Lake Virginia Lift Station & Force Main Interceptor I Sewer Project - Lake Ann and Red Rock Interceptor Sewer Project I - Phase out of the Savage Wastewater Treatment Plant - Septage Management Program II - Legislated Change Combining Sewer Service Areas 1 These topics are addressed in greater detail in the attached bulletin. If you have questions regarding the MWCC or would like II me to present more detailed information at one of your meetings, please contact me at 471-9801. II Sincerely,(J-e-g4--- ALVI---- II Ellen Hurr, Commissioner Precinct G I II II II 1 II II II II f Metropolitan Waste Control Commission ' Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 PRECINCT G BULLETIN 612222-8423 COMMISSIONER JOELLEN HURR ' The Metropolitan Waste Control Commission (MWCC) owns and operates the wastewater treatment system in the metropolitan area. The system serves 105 communities and includes 11 treatment plants and over 550 miles of interceptor sewer pipes ( those pipes shared by two or more communities that carry sewage from communities to MWCC's plants for treatment) . The MWCC is also responsible for new construction and maintenance within the system. There are a total of 63 cities and townships in Precinct G. Of these, 28 currently receive sewer service through the MWCC. Many of the remaining 35 areas receive indirect service through the waste transport hauler disposal sites, which are part of the MWCC's Septage Management Program. The Chaska, and Blue Lake Wastewater Treatment Plants are located within Precinct G. The Savage Wastewater Treatment Plant has been phased out. The sewage from this area will now be treated by the Seneca Wastewater Treatment Plant in Eagan. The Seneca Wastewater Treatment Plant, although not located in Precinct G, ' serves a large portion of the eastern part of Precinct G. ORONO INTERCEPTOR IMPROVEMENTS PROJECT The Orono Interceptor Sewer Improvements Project is a $2. 4 million project now under construction. It is designed to provide additional sewer capacity for the cities of Orono, Spring Park, and Minnetonka Beach, and to prevent the overflow of untreated sewage into Lake Minnetonka. The project involves replacing two lift stations (structures which house equipment to pump wastewater) , improving three existing lift stations, and building 3. 2 miles of new sewer pipe. The Orono Interceptor Sewer is part of the interceptor system which carries wastewater to the MWCC's Blue Lake Wastewater ' Treatment Plant in Shakopee. Much of this project will be built by an open-cut construction method, whereby trenches are dug to lay sewer pipe. During construction, traffic constrictions and road closures are expected along the western and northern shore of Crystal Bay of Lake Minnetonka. Detours will be coordinated with the county and the City of Orono. As construction is completed, affected areas will be restored. Construction started in the fall of 1988. ' -1- y :: - JAN 0 3 1889 s CITY OF CHANhASSLN SENECA WASTEWATER TREATMENT PLANT UPGRADE AND EXPANSION The Seneca Wastewater Treatment Plant is located in Eagan. The I plant currently serves the communities of Eagan, Bloomington, Burnsville, and parts of Inver Grove Heights, Lakeville and Apple Valley. With the recent closing of the wastewater treatment plant at Savage, the City of Savage's wastewater will be connected through "interceptors" or connecting sewers to the Seneca Plant for treatment. About 18. 6 million gallons of wastewater are treated per day at Seneca. Plans for an expansion of the Seneca Plant are now being designed to: increase the plant's treatment capacity by one-third; reduce odors; and upgrade the treatment process to meet increasingly stringent federal and state standards. It is anticipated that this expansion will service the needs of this area through the year 2010. Construction is scheduled to begin in 1989 and be completed in 1992. PLYMOUTH INTERCEPTOR SEWER - Will Provide Additional Capacity for Medina The Plymouth Interceptor Sewer Project is a $10 million new sewer 11 project being built by the MWCC. The project will provide additional sewer capacity for the communities of Plymouth, Medicine Lake, Medina, and New Hope. The construction for this project will take place in Plymouth, New Hope, Golden Valley and Minneapolis. i BLUE LAKE WASTEWATER TREATMENT PLANT UPGRADE AND EXPANSION The Blue Lake Plant, which is located in the city of Shakopee, I serves approximately 150, 000 people in 23 communities: Chanhassen, Deephaven, Eden Prairie, Excelsior, Greenwood, 11 Laketown township, Long Lake, Maple Plain, Medina, Minnetonka, Minnetonka Beach, Minnetrista, Mound, Orono, Prior Lake, St. Bonifacius, Shakopee, Shorewood, Spring Park, Tonka Bay, Victoria, Waconia, and Wayzata. This plant treats about 21. 5 million gallons of wastewater per day. The $56 million plant expansion will increase the plant's treatment capacity from 24 million gallons of wastewater (mgd) per day to 32 mgd, to meet the needs of population growth in the western suburbs. The expansion will also upgrade processes to meet stricter federal and state standards and improve water quality in the Minnesota River. The plant expansion construction work is expected to begin in 1 early 1989 and be completed in the fall of 1992. Treatment processes will be added for removing chlorine and adding oxygen to treated wastewater before it is released into the river. -2- 1 • BLUE LAKE INTERCEPTOR SEWER REPAIR As a result of the heavy rain storm Thursday evening, July 23, 1987, the interceptor sewer that conveys sewage from the western suburbs of Minneapolis into the MWCC's Blue Lake Wastewater Treatment Plant in Shakopee failed because of extremely high flows. The permanent repairs to the interceptor sewer and head 11 box were completed late in 1987; landscaping of the area was completed in the Spring of 1988. NEW LIFT STATION A new lift station is being built in Lakeville to increase the ' sewer service capacity for Apple Valley and Eagan. LAKE ANN AND RED ROCK INTERCEPTOR SEWER PROJECT These projects will carry sewage from the Lake Virginia Lift Station plus Chanhassen and Eden Prairie. The Red Rock Interceptor, servicing Eden Prairie, is now operational and the Lake Ann Interceptor, servicing Chanhassen, is scheduled to be completed and fully operational in February 1989. LAKE VIRGINIA LIFT STATION AND FORCE MAIN SEWER PROJECT ' The Lake Virginia Lift Station and Force Main will carry wastewater flows from the western Lake Minnetonka communities. 1 It is anticipated that they will have sufficient capacity to handle the flows until the year 2024. This project should be completed and fully operational in February 1989. SEPTAGE MANAGEMENT PROGRAM - Affects Waste Transport Haulers ' The MWCC Septage Management Program requires that Waste Transport Haulers obtain Industrial Discharge Permits in order to discharge septage and other transported liquid wastes into the MWCC system. There are three approved Waste Transport Hauler Disposal sites in or near Precinct G. They are located near Shakopee at the MWCC Blue Lake Wastewater Treatment Plant (Highway 101 ), in Plymouth at the intersection of Nathan Lane and 10th Avenue North, and in Minnetonka at 11522 Minnetonka Blvd. (City Shop - local sewer line) . Another site near the south eastern border of this precinct is at the Empire Wastewater Treatment Plant near Farmington. If further information is needed on this topic, call Mark Pierson of the MWCC's Industrial Waste Division, 229-2077. -3- i 1 1 LEGISLATED CHANGE COMBINING SEWER SERVICE AREAS - Affects Rates The 1987 State Legislature amended Minnesota Statute, Chapter 1 473, to eliminate the MWCC sewer service areas and to require that all communities pay the same rate per gallon for sewer service by year 1992. A five year phase-in program has been initiated in 1988 to accomplish this legislative change. SEWER SERVICE AVAILABILITY CHARGE (SAC) - Limited To Those Who Have Sewers The Sewer Service Availability Charge (SAC) is a fee charged to all homes and buildings built within the Metropolitan Urban Service Area (MUSA) , if there is an existing sewer with which to connect. Prior to January 1, 1987, all buildings/homes in communities receiving sewer service, and within the MUSA were assessed a SAC fee, whether or not sewer connections actually were available, with the expectation that sewers would be available to them in the future. In addition to lobbying for this change, I lobbied to make 1 refunds of previously collected SAC monies available to those cities who requested refunds of SAC fees charged where sewers do not presently exist. These refunds are available through the year 1989. If refunds are paid, when sewer service becomes available, the rate existing at the time of availabIlity will be charged. The rates have been increasing. Each city was notified of the opportunity to apply for the SAC refund. 1 1 1 I 1 -4- 1 1 11 It ' >> CITY OF .. 11 .... `�1 1 : ~ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM ITO: Don Ashworth, City Manager Jim Chaffee, Public Safety Director FROM: Scott Harr, Asst. Public Safety Director 4) IDATE: November 15, 1988 ISUBJ: Community Service Officer Program This memo is to provide a status report on our newly developed Community Service I Officer Program. Please recall that it was last spring that we found ourselves without the community service officers originally hired, eventually hiring Deborah Rand and Bob Zydowsky. II am very pleased to advise you that our new CSO Program is up, running, and being well accepted by both Chanhassen City Staff and Carver County Sheriff's Department Personnel. We are all in agreement that the process, which admit- ' telly took some time, to hire Deb and Bob was worth the wait. Both individuals repeatedly show that they possess the maturity, self-direction, interest, and ability to continue to learn while providing exemplary service. Deb has taken I upon herself to rapidly learn the intricacies of crime prevention, while still handling the routine community service officer duties, i.e., animal control, etc. Bob's scheduling permits him to provide a valuable resource to the deputies working in Chanhassen, being available to deliver packets, assist in service I calls, assist in other appropriate calls, while providing animal control duties and other services in our city. I Both of these individuals possess the attitude we want to develop in Chanhassen: to provide a helpful service, rather than developing an adversarial relationship with the community. Both individuals possess the communication skills and sen- sitivity, while remaining capable of standing firm when the need arises, to Ieffectively get any job accomplished successfully. As the attached memos indicate, the hours that have been arranged for Deb and I Bob do provide availability during the primary hours. The hours are basically as follows: r I Deb Rand 9:00 a.m. - 3:00 p.m. , Monday-Friday Bob Zydowsky 3:00 p.m. - 9:00 p.m. , Monday-Thursday 8:30 a.m. - 2:30 p.m., Saturday Sunday and Monday off II share the enthusiasm shown on a daily basis by Deb Rand and Bob Zydowsky. I believe that this service aspect of Chanhassen Public Safety will continue to IIaccomplish the goals setforth by the Public Safety Commission. II CITY OF CHANHASSEN #:� ` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 µ; (612) 937-1900 November 8, 1988 Captain Bud Newman " Carver County Sheriff' s Department 600 East 4th Street Chaska, MN 55318 • Dear Bud: I am pleased to inform you that we have two CSO' s presently 1 working a diverse schedule for the City of Chanhassen. The following is Community Service Officer Bob Zydowsky' s schedule: Sunday - Off 1 Monday - Off Tuesday - 3 :00 p.m. - 9 :00 p.m. Wednesday - 3 : 00 p.m. - 9 : 00 a.m. Thursday - 3 :00 p.m. - 9 : 00 p.m. Friday - 3 :00 p.m. - 9 :00 p.m. Saturday - 8 :30 a.m. - 2 :30 p.m. 1 The following is Community Service Officer Deb Rand' s schedule: Monday through Friday - 9 : 00 a.m. - 3 :00 p.m. 1 In addition to regular animal control duties, the CSOs , for the most part, will be delivering the packets on Friday evenings. Deb Rand will also be handling the vast majority of our crime prevention details and both CSOs are subject to call-outs; but only for situations that cannot wait until a CSO is on duty. For the most part, this will only be when an animal is actually in custody and when the complainant refuses to hold the animal until a CSO is on duty. It is the deputy' s responsibility to handle the animal call when a CSO is not on duty unless the aforemen- tioned situation is evident. Please let your dispatchers know of this schedule and call-out 1 requirements. On another note, our call signs that we are requesting will be 2760 for CSO Deb Rand, 2761 for CSO Bob Zydowsky, and 2765 for Fire Inspector Mark Littfin. Please let me know if you have any • i 1' 1 Captain Bud Newman ' November 8, 1988 Page 2 ' problems with these assigned call numbers . If you approve of these numbers, please advise your dispatchers . If you have any questions, please do not hesitate to call. Sincerely, (iim haffee ublic Safety Director l JC:k Cc: Scott Harr, Assistant Public Safety Director 1 I I r I : I C. C1TYOF _:-.\q.-c fl .. N.\ hi 4f, . \I ./ , 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 t w (612) 937-1900 Il November 8, 1988 Chief Deputy Jim Castleberry - ; Carver County Sheriff' s Department 600 East 4th Street - Chaska, MN 55318 1 Dear Jim, Please find a attached a memo from Scott Harr to you regarding I our revamped CSO program here in Chanhassen. I would like to call attention to item number 5 in Scott' s memo which states that the CSO' s are only to be called out for situations that cannot wait until a CSO is on duty, specifically, animal in custody when complainant refuses to hold animal until CSO is on duty. There still appears to be some confusion as to when it is appropriate II to call out a CSO. I would appeal to your sense of budgetary constraints in suggesting that the deputy handle the animal calls in all situations when a CSO is not on duty, except in the above situation. It could become cost prohibitive if the CSO were called out routinely for all animal calls. Thank you for your consideration regarding CSO call-outs. I Sincerely, /LY v im Chaff e ublic Safety Director I cc: Scott Harr, Assistant Public Safety Director Attachment I I I 1. 4 CITYOF 1 ...• . c : _. ANBAssEN 1 N-\...- +��-^ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 'Y 1 (612) 937-1900 MEMORANDUM ITO: Jim Castleberry, Chief Deputy Carver County Sheriff' s Office IFROM: Scott Harr, Assistant Public Safety Director - DATE: October 26, 1988 ISUBJ: Chanhassen Public Safety Community Service Officer Program Status Report II am pleased to advise you that our revamped CSO Program is now in effect. I believe that you are aware that our two part-time ICommunity Service Officers are Deb Rand and Bob Zydowsky. I would like to take this opportunity to state the intentions of our CSO program in order for your department (particularly the 1 patrol and dispatch divisions) to fully utilize this resource. Our CSO' s are available to provide any support service that will I benefit the City of Chanhassen and the deputies assigned here. Almost any service not requiring a sworn officer (by virtue of training, jurisdiction or safety) may be assigned to our CSO on duty. 1 I want to make it perfectly clear that our CSO' s are not intended to replace any services performed by sworn law enforcement offi- I cers. Rather, our CSO' s should be used so as to free up the officers working patrol to do more of the work requiring a sworn officer. ICALLS WHICH OUR CSO' S MAY BE DISPATCHED TO: 1 . Animal control calls; 1 2 . City code enforcement calls; t I 3 . Public service calls not requiring sworn officers, i .e. lockouts; motorist assist, etc; 4 . Any other calls not requiring a sworn officer. I5 . Our CSO' s also have a pager (which they take turns carrying) for necessary, off-duty animal control call-outs . CSO' s I I Mr. Jim Castleberry, Chief Deputy October 26 , 1988 Page 2 are only to be called out for situations that cannot wait until a CSO is on duty, i .e. animal in custody when complainant refuses to hold animal until CSO is on duty. CSO callouts are only to be used when the deputy cannot deal with the situation. CSO Pager No. 621-3536. CALLS WHICH OUR CSO' S SHOULD NOT BE DISPATCHED: 1 1 . Any call having the apparent potential of danger; 2 . Those requiring a sworn officer. Deputies are certainly encouraged to request assistance from our CSO' s in any way they feel would be appropriate ( i .e. , to watch a building on an alarm call, assist with traffic at an accident, etc. , etc. ) . We will remain available to work with your department as this newly staffed program develops . I request any input any of you can provide in order to assist us in making this program benefit everyone. 1 1 1 1 1 l 1 1 1 1 C ITY 0 F ,N,;, , 690 COULTER DRIVE • P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 111 MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Jim Chaffee, Public Safety Director ' DATE: December 1, 1988 SUBJ: Secretarial Assistance at the Public Safety Commission Meetings I would like to utilize Carol Dunsmore at our next Public Safety Commission meeting to take notes and act as a secretary for the Chairman. This has been an on-going problem concerning note taking and Richard Wing' s responsibility as the Chairman of the ' Public Safety Commission. We will be paying Carol at her over- time rate and will see how it goes at this meeting and make a decision whether to continue with this type of service. I have talked this over with Karen Engelhardt who agreed to go along with it as long as you are in favor of it and she provided a useful and needed service. If I hear no objections from you, I will go ahead and schedule Carol to be at the next Public Safety Commission meeting and act as the secretary/note-taker. The meetings should not last any longer than 3 hours. I I r I 1 I I G G �cc.L1 --/,-)(-CITY OF 11 •i ' CHANHASSEN 1 ,!`Y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I s (612) 937-1900 1 MEMORANDUM TO: Jerry Schlenk, Street Superintendent IFROM: Gary Warren, City Engineer 4' 4110 DATE: January 3, 1989 ISUBJ: Roadway Stop Bar Markings File No. PW070 1 Attached is a memorandum from Jim Chaffee concerning discussions with Mayor-elect Don Chmiel relating to more positive roadway I markings and signage for stop signs at key intersections, in par- ticular the intersection of West 78th Street and Powers Boulevard. I have reviewed this with Mayor-elect Chmiel on I December 30 , 1988 . I believe that a more elaborate painting scheme would be appropriate to more clearly identify the West 78th Street/Powers Boulevard stop location. I am therefore recommending that a 2-foot wide white stop bar be placed at this I location and the word "STOP" be painted on the pavement at this location this spring. II would also request that you review other intersections of this nature in the City and utilize this technique to clarify some of the more hazardous locations. Please review this with me so that I these can be dealt with first thing in the spring. Concerning the request for additional advisory signage on the stop signs , Mayor Chmiel understands that there may be some legal I ramifications and liabilities which would prohibit inclusion of signs of this nature. I will review this with the City Attorney and notify you if any additional signplates should be added. As I a minimum, I am requesting that supplementary plates which indi- cate "all-way" , "three-way" or "four-way" conditions for stop signs be ordered and installed. r 1 Please see me if you need any clarification of this request. Icc : Don Chmiel , Mayor-elect Don Ashworth , City Manager Jim Chaffee, Public Safety Director Roger Knutson, City Attorney II CITY OF CHANHASSEN � 1 �'. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 , MEMORANDUM 1 TO: Gary Warren, City Engineer FROM: Jim Chaffee, Public Safety Director DATE: December 22, 1988 ' SUBJ: Advisory Sign Mayor-Elect Don Chmiel has suggested that we place advisory signs under our stop signs in the city indicating that a complete stop is required. His concerns are that people are not heeding the stop signs within the city. In other words, there appears to be widespread violations of coming to a complete stop. Other suggestions that he has come up with are painting wide stop lines in appropriate stop sign locations (especially at West 78th , Street and Powers Blvd. ) . I have drawn out on the attached sheet what I think we are looking for and if you can get back to me or Don Chmiel and let him Know what your thoughts are on this, I would appreciate it. Attachment cc: Don Ashworth, City Manager ' Don Chmiel, Mayor-elect I 1 I I 1 , 44. ! : ; , .s.• I: . `is): . . 4 1 r 111 �. 'm . c vi• / , . is I t� �r'r tom;.- s+ ' _ r , trZ 4. !~ 4,F: -1,") I 1 i SrAI t Pe. kQS A coMcure Sr,;i3. I I ` Ii I —, ' ,if , r° I �� I r I I I I ; e . • •E :4WAY R1-1 R1-3 R1-4 30"x 30" 12"x 6" 18"x 6" 2B-4 Stop Sign (R1-1) STOP signs are intended for use where traffic is required to stop. The STOP sign shall be an octagon with white message and border on a red background. The standard size shall be 30 x 30 inches. Where greater emphasis or visibility is required, a larger size is recommended. On low- volume local streets and secondary roads with low approach speeds, a 24 x 24 inch size may be used. At a multiway stop intersection (sec. 2B-6), a supplementary plate (R1-3) should be mounted just below each STOP sign. If the number of approach legs to the intersection is three or more, the numeral on the C supplementary plate shall correspond to the actual number of legs, or the legend ALL-WAY (R1-4) may be used. The supplementary plate shall have white letters on a red background and shall have a standard size of 12 x 6 inches (R1-3) or 18 x 6 inches (R1-4). A STOP sign beacon or beacons may be used in conjunction with a STOP sign as described in section 4E-4. Secondary messages shall not be used on STOP sign faces. 2B-5 Warrants for Stop Sign . ' Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted.A STOP sign may be warranted at an intersection where one or more of the following conditions exist: 1. Intersection of a less important road with a main road where •_ application of the normal right-of-way rule is unduly hazardous. • 2. Street entering a through highway or street. • 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high speed, restricted view,and serious accident record indicates a need for control by the STOP sign. Prior to the application of these warrants,consideration should be given to less restrictive measures, such as the YIELD sign (2B-7) where a full 11-48 3c) Rev. sv.3 Rev.9184 2B-2 FIZERwri• i 1 am EN — lim No ow — — - IMP c J CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 12-27-88 PAGE 1 CHECK # A M O U N T C L A I M A N T P U R P O S E 036894 9.002.18 BRW. INC. FEES. SERVICE J 036895 16.225.99 BAY WEST INC. FEES. SERVICE 036896 1.541.06 BRAUN ENVIRONMENTAL FEES. SERVICE 036897 1.96 GENERAL OFFICE PRODUCTS SUPPLIES. OFFICE W 036898 1.454.45 GRANNIS. GRANNIS. FEES. SERVICE 'v 036899 1.621.80 HALLA NURSERY. INC. FEES. SERVICE J 036900 105.00 MERICOR FINANCIAL SVCS. FEES. SERVICE ■M 036901 615.00 J. P. NOREX. INC. REP. + MAINT. .BLDG + GND 1/4,, 036902 21.65 ROAD RUNNER FEES. SERVICE J 9 30.589.09 CHECKS WRITTEN 1. J J 1, kw 4, t,' I1 h. J eV J Cr J CO J Cr J 4 k. S V . II -. pkO�YV CITY OF ix, & \ ! ' . t. C :I i AIM A 1:1 1:1 1:: N I \ i jt { {' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 IDecember 7 , 1988 IMr. & Mrs . Ralph Hegman 6361 Minnewashta Woods Drive Excelsior, MN 55331 IDear Mr. & Mrs . Hegman, I Thank you for your recent letter to City Manager Don Ashworth expressing your concerns regarding the SuperAmerica gas station. Mr. Ashworth has asked me to respond to your letter. I have followed up on the article from the November 21, 1988, Sailor, entitled "Contaminated Soil Clean-Up Is Costly, Developer Says" . I have talked with Mr. Dan Vogt, Shorewood City Admi- I nistrator, who helped clarify how the problem at that particular site occurred. Basically, they were dealing with a site that had gas stations since 1930 . Because so few regulations were in I effect back then, there is reason to believe that a great deal of gasoline and oil dumping occurred right onto the ground at the site. Of course, there was virtually no monitoring back then. I Gasoline stations are currently a very highly regulated business . From the time that plans are submitted, such businesses are heavily scrutinized. In addition to Chanhassen City Staff I reviewing the SuperAmerica plans, the Minnesota Pollution Control Agency, the State Fire Marshal and our Fire Inspector were also involved in the review process. During the actual tank installation, Chanhassen Mechanical Inspector Carl Barke and IChanhassen Fire Inspector Mark Littfin were on hand. Air tests of of the tanks themselves were also conducted. I These particular tanks have to meet the variety of regulations r that insure safety. These tanks have electronic leak detection systems as well as a secondary detecting system that monitors any I leakage into the surrounding soil. Testing is done annually by the State of Minnesota. The Minnesota Pollution Control Agency has the primary jurisdic- I tion for any violations or problems , and of course, the City of Chanhassen would be involved as well . The SuperAmerica Cor- poration would certainly appear to have the assets to provide any Inecessary cleanup, repairs or penalties . 11 Mr. & Mrs. Hegman ' December 7 , 1988 Page 2 ' Routine inspections continue to occur throughout Chanhasssen, and this would be the case with the SuperAmerica Station as well . Routine fire inspections , combined with other PCA inspections, permit us to maintain an awareness of this facility. Of course, we would immediately respond along with other supporting agen- cies, to any perceived problem at the site. A primary contact of ours is the Carver County Environmentalist, Mr. Mike Shotliff, with whom I have already talked with, advising him that we want , to maintain an active awareness of this property. From everyone that I have spoken with, SuperAmerica Gas Stations have main- tained a very positive reputation for safety and regulatory compliance. I hope that this letter helps you understand that the City of Chanhassen is very concerned about the safety and the welfare of everyone in our city. I hope that you will feel free to contact me should you have additional questions or concerns . Si ere • , S . �� a rr , Assistant Public Safety Director SH:cd ' cc: Don Ashworth, City Manager Jim Chaffee, Public Safety Director ' I r i 11 II Mx. 8 Mts. Ralph Hegman 6361 Mi.nnewa4hta Glood4 Dn. Fxce.Pz.Lox, MN 55331 Nov. 30, 1988 II /%-;� ,4 Z /1/4.0_,A74 ' Mt. Don shwon.th 7X' � A� City Manager Chanhazzen City Hatt Chanha44en, MN 55317 Dean Mn. A4hwoxth: ' We atee very concehned about the e66eet2s the Suput Amvcica Gays Station w-itt have on pott tion ob the ground on the z.ite ass we e ass pops/sibte watevc contamination. IThe enc-eo-sed aht.icte unden4eone-o OUh conce4n oS contaminated -50.11. The axt-.cte also mentions watm contamination. What guahantee do we have that the contttacto& wiJI bottow the gutdetine4 eztabUohed negand.ing unde tgxound contatneh4? Witt the MLnne4ota Pottution contnot agency man-ctox the S.A. '4 hotd.ing tanks, pump's etc. beiSoxe they'xe .in-statted? Once pozitioned and .iS sound inadequate and ' po44.ibty dangococus oven a pe/t iod ob time, who wau&d be Le-spon-s-.bte? Once the damage .iz done -.t'4 ve ty diSSica t to connect. ' We encourage you as we have the council membenz to take a good hand took at this -site. You need to pe/usue a cowuse oS aSSitmative action with MPCA xegand.ing the 4aS ety o S S.A. '-s o petation in OWL ne.ighbonhood. YOWL attention to tha matter wilt be gxeat.&y appxee.iated. YOUL4 t uty, ? is A y vt Cc z / ?,2n l�yv r 1 _ DEC 8 21988 City.OF CHANhASSEN •p:.iy71'• tt.;:t'-a..`.,..FiC+ ` •'L 1 ',,.z.` : yi ''• Y.. ::. �i..S�e:4 cI'Kna 'fie-iii •.�. _ _ '_ -'_I:' i�',�'.�: . + 3 i4 s j v i= %t. Y ;5...�a. p.n “P\ , W x�'i p �e�. P .. :lit � %.:,,„:„ f , �,,x{!.41�` o{ �' 'T, .,#»`/• 4.1'‘?-.: F 4'_ ' ; :ne.r, S��.__ t ;•jet no MINNESOTA SUBURBAN NEWSPAPERS .Y;Y .z.F ' t �,/3 2 � ': t `'Shorewood City Council --- — :T t Contaminated SOi _ ea -Jr i is {s 1y, developer says I By Tom R•$letf Goodyear Service Center, Fina from the soil and the Minnesota _ _;,, convenience store and carwash, Pollution Control Agency I Cleanup of contaminated soil and Dairy Queen at 24365 (NIPCA) is monitoring the site. - -- at a Shorewood construction site Smithtown Road, site of the "I've been told that this = has cost developers approx- former Village Pump. method has been used in six imately$200,000,Mark Senn told Approximately 3,200 yards of other places in the country, but the City Council last week. the polluted soil has been return- that this is the first time it's The soil, which was con- ed to the site to use as fill.It was been tried in Minnesota," Senn taminated with petroleum pro- deposited inside a$60,000 sealed said, noting that the "cure" ducts from service stations that liner, said Semi, who is presi- period for purification of the–soil have occupied the site since dent of Marcus Development is unknown. 1930, was unearthed last sum- Corp. Air filtration pipes have - The developer said that the mer during excavation for a new been installed to help vent fumes MPCA will also perform further 1 tests to determine the scope of the contamination and whether or not there is any ground water contamination. `However, approximately 500 yards of contaminated soil re- main above ground at the site. ' Semi told the council that he is having difficulty finding any • place to properly spread it to ' allow aeration and purification, the method recommended by .' •the NIPCA. A nearby resident , told Senn he would take the soil t but it was denied by the MPCA ii when it was learned that the pro- spective site was located within 1,000 feet of a municipal well. Given the difficulty of finding 1 a site to spread the remaining ' soils Senn said that he may have to stockpile the contaminated dirt at the site until spring. `" i I ' The council directed City Ad- , i • ministrator Dan Vogt to con- tinue discussions with MPCA s '... ' regarding the contamination . problem ? al ,'• %a„, 1 CITY O /I A) CHANHASSEN f I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 1 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director SUBJ: Schools, Seminars, and training DATE: December 12, 1988 1 I have asked that all Public Safety Personnel who attend classes, schools, or training sessions, for one (1) day or longer, write up a little synopsis of what the school was about and whether it was good or bad. The purpose is to let you and the City Council know the types of training that our people are getting. There are growing requirements for training involving all areas of Public 1 Safety and we are doing our best to stay abreast of these demands. 1 Each school attended by Public Safety employees is noted in their department personnel files. In this was we can stay on top of which training each individual has had and what requirements remain. So if you have been seeing these write-ups of schools attended by employees, at least now you know the reason why. i r 1 1 I I CITYOF .,,:=, ,,,, , , , , ,, AN EN . ..„ :.:. : 1 � "' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 1 -.r i I I To: Scott Harr, Assistant Public Safety Director I From: Bob Zydowsky, Community Service Officer I Sub}: Crime Prevention Class 1 On December 8, 1988, I attended a conference entitled, "Crime Prevention: The Responsibility of the Patrol Officer". The conference was sponsored by the Police 1 Training Advisory Committee of Hennepin County and held at the Minneapolis Hilton. I The conference was facilitated by Investigator Robert Nesbitt of the Plymouth Police Department. The all day conference covered a wide variety of crime I prevention aspects such as the philosophy of crime prevention, neighborhood watch, security lighting, alarm systems, and also physical or exterior security. I I learned a great deal about crime prevention and'more importantly about locks, alarms, and security lighting and how they effect crime prevention. , I The only thing I didn't like about the conference is that we were scheduled to . cover and do a premise survey, and because of the time allowed we never covered this. I would highly recommend the conference to any law enforcement officer, regardless if they are in crime prevention or not. Thanks again for the opportunity to attend this conference. 1 1 Bob Zydowsky, Community Service Officer I No / �, ( l / r p ■ ca LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS-1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L GRANNIS, IR - 1910-1980 Posr OFFICE Box 57 (612)455-2359 403 NOR WEST BANK BUILDING EI.LIOTT B. KNETSCH VAN<.E B GRANNIS MICHAEL J. MAYER VAN<6 B GRANNIS,JR• 161 NORTH CONCORD EXCHANGE TIMOTHY J. BERG PATRICK A. FARRELL L SOUTH ST. PAUL, MINNESOTA 55075 DAVID L.GRANNIS, 111 ROGER N KNUTSON! SOUTH (612)455-1661 DAvID I.. HARMLYER ' •A., Air. 1i To PRA,ll(l IN Wb,*JSIN December 13, 1988 Court Administrator Carver County District Court Courthouse 600 East Fourth Street Chaska, Minnesota 55318 ' RE: B.C. Burdick v. City of Chanhassen Court File No. 23579 Dear Sir/Madam: Enclosed herewith for filing in the above matter please find Respondent ' s Reply Memorandum and Affidavit of Don Ashworth, ' together with affidavit of service by messenger. Very truly yours, GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. flY: — -- Roger N. Knutson RNK: St 1I Enclosures cc: Don Ashworth DEC 141988 el FY-OF CHAN IASSE I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS-I874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS, JR - 1910-1980 POST OFFU.E Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B. KNETSCH MICHAEL J. MAYER VANCE B. GRANNIS,JR.• 161 NORTH CONCORD EXCHANGE TIMOTHY J. BERG PAIR ICK A. FARREI.I. DAVID L. GRANNIS, I11 SOUTH ST. PAUL, MINNESOTA 55075 ' ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEVER •ALSOAuMurreuTu December 13, 1988 PKM IIl k IN WI1((INsIN Mr. William F. Kelly I Attorney at Law 351 Second Street Excelsior, Minnesota 55331 1 RE: B.C. Burdick v. City of Chanhassen Court File No. 23579 ' Dear Mr. Kelly: Enclosed herewith and served upon you by messenger please ' find copy of Respondent ' s Reply Memorandum and Affidavit of Don Ashworth in the above matter. Very truly yours, ' GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. BY: Roger N. Knutson ' RNK: srn Enclosures cc: --Don Ashworth , I I I I STATE OF MINNESOTA DISTRICT COURT ' COUNTY OF CARVER FIRST JUDICIAL DISTRICT Court File No. 23579 B.C. BURDICK, Petitioner, vs. RESPONDENT'S REPLY MEMORANDUM CITY OF CHANHASSEN, Respondent. I ' The petitioner's motion is not in order. The petitioner has filed a Complaint seeking among other things a Writ of Mandamus The City has filed an Answer. Minn. Stat. § 586. 06 provides: ' On the return day of the alternative writ, or such further day as the court shall allow, the party upon whom the writ is served may show cause by answer made in the same manner as an answer to a complaint in a civil action. ' Once an answer has been' filed the next step in the process is not a motion, but a trial. Minn. Stat. § 586. 12 provides in part: Issues of fact in proceedings commenced in a district court shall be tried in the county in which the defendant resides, or in which the material facts stated in the writ are alleged to have taken place. Under similar circumstances Judge Daly recently signed an order denying a motion for a Writ of Mandamus and set the matter on for trial . A copy of the Order is attached hereto. The petitioner claim's that the City approved his plat and ' that the approval was not conditioned upon his dedicating land for a sanitary sewer easement. The City claims the approval was conditioned 11 g upon ranting the easement. This issue can only be resolved at trial, p not by motion. ' Minn. Stat. § 462 . 358 specifically authorizes the City to condition plat approval upon dedication of land for sewers: 1 Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. The dedication requirement is constitutional. Collis v. City of Bloomington, 246 N.W.2d 19 (1976) , Middlemist v. City of Plymouth, 387 N.W. 2d 190 (Minn. App. 1986) . The petitioner's motion should be dismissed and the matter set on for trial. ' Dated: Z/ /Z' , 1988 . Respectfully submitted, GR�ANNIS NNIS, rARRELL & NUTSON `P_ BY: ,_� R R N. KNUTSON Attorneys for Respondent 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 Attorney Reg. No. 57186 I 1 1 -2- 1 1 COURT ADMINISTRATOR DAKOTA COUNTY, MINN. STATE OF MINNESOTA NOV 2 3 1988 DISTRICT COURT D COUNTY OT DAKOTA ROGER W SAM S, CLERK FIRST JUDICIAL DISTRICT � DEPUTY File No. CX-88-8519 Goff Homes , Inc . , ' Petitioner, vs . O R I) ER_ City of Lakeville, Respondent. 1 The above matter was heard by the undersigned Judge on November 14 , 1988 at the Government Center in Hastings , pursuant to Petitioner ' s Petition for an Alternative Writ of Mandamus 1 against Respondent. Chad D. Lemmons, Esq. , appeared for the plaintiff, and Roger N. Knutson, Esq. , appeared for the respondent. Upon the arguments of counsel, and upon all the files, records and proceedings had herein , the Court now makes the following: O R D E R 1. That the request of Petitioner for a peremptory Writ of Mandamus is hereby denied, since Respondent appeared and filed its answer. 2 . That said matter is hereby set for trial as a Court case on a day certain at the Dakota County Government Center in Hastings on December 27 , 1988 at 9 : 00 A.M. ' BY TuIt, COURT: 91N/k/14 DATED: November. 22 , 1988 JUNE, DIST,(tIC? ` T i . II STATE OF MINNESOTA I DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT I Court File No. 23579 B.C. BURDICK, I Petitioner, vs. AFFIDAVIT OF II DON ASHWORTH CITY OF CHANHASSEN, I Respondent. II STATE OF MINNESOTA ) ( ss. II COUNTY OF CARVER ) DON ASHWORTH, being first duly sworn on oath states: t 1. He is the Chanhassen City Manager. 2 . On July 20, 1987, the City Council granted an extension II of time in which to file the final plat of Burdick Second Addition. The City Council did not grant final plat approval. ' 3 . On August 3, 1987, the City Council approved the final plat of the Burdick Second Addition conditioned upon, among other II things, the conveyance of an easement to the City. A copy of the City II Council Minutes are attached. 621_/ , 0a,_,,a-6, II DON ASHWORTH II Subscribe and swor to before me th, --E day of D b71.988. II VOTARY PUBLIC II U ROGER N. KNUTSON NOTARY PUBLIC-_MINK SOIA HENNEPIN COUNTY My Comm Expra Nov ?I IYBJ IN r t . _______ _ TEL Hn . Dec . 12 ,<_'•8 1f. :1i i F .1_13 I If i ,,; CITY CJ , ,. e,,,- - ‘ CHANBASSE si., iii ;:. ,...., „.: . . mi 1r:.. by lfl . ' ,1 111 I DI 690 COULTER NE 10 P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (812) 937.1900 II MEMORANDUM IITO: Don Ashworth , City Manager FROM: Barbara Dacy, City Planner DATE: July 16 , 1987 ISU13J : Final Plat Approval - Burdick Second Addition This item was tabled from the June 29 , 1987 , City Council agenda il until the applicant and staff could resolve the issues regarding the utility and drainage easements necessary for the plat. It was originally anticipated that the feasibility study for the realignment of went 78th Street , which would also address drainage issues , would be completed for the Council meeting on II July 20th . Unfortunately, the consultant was not able to prepare the study in time for this agenda . Therefore, this item has been scheduled for the August 3 , 1987 , agenda at which the time the issue regarding the drainage easement on Mr . Burdick' s plat can hopefully be resolved . In the meantime, however, Council action must be to extend the preliminary plat approval for this sub- , division, as the one year time period expires on July 21 , 1987 . RECOMMENDATION It is recommended that the City Council approve a six month extension for the preliminary plat approval for Burdick Second IAddition. BD:v r II II I II 53 CHANHASSEN CITY COUNCIL REGULAR MEETING ir- JULY 20, 1987 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. MEMBERS PRESENT: Councilman Boyt, Councilman Horn, Coucnilman Geving and , Councilman Johnson STAFF PRESENT: Don Ashworth, Gary Warren, Barbara Dacy, Jo Ann Olsen, Todd Gerhardt and Lori Sietsema APPROVAL OF AGENDA: Councilman Geving moved, Councilman Johnson seconded to approve the agenda as presented with the addition by Mayor Hamilton of discussing the National League of Cities Conference and the Minnesote League of Cities Conference. All voted in favor of the agenda as amended and motion carried. I CONSENT AGENDA: Mayor Hamilton moved, Councilman Horn seconded to approve the following consent agenda items pursuant to the City Manager's reconmendatiosn: ' a. Final Plat Approval, Curry Farms, Phase I. c. Resolution #87-68: Acceptance of Chanhassen Lakes Business Park 5th Addition Improvements, Project 85-13. e. Approval of Accounts dated July 20, 1987. 1 f. Extension of Preliminary Plat Approval, Burdick 2nd Addition, B.C. Burdick. ' g. City Council Minutes dated July 29, 1987 Planning Commission Minutes dated July 8, 1987 Public Safety Commission Minutes dated June 25, 1987 Park and Recreation Commission Minutes dated June 16, 1987 Park and Recreation Commission Minutes dated June 30, 1987 h. Approval of Saddlebrook Development Contract. All voted in favor and motion carried. VISITORS PRESENTATION: UNITED WAY OF MINNEAPOLIS, PEGGY GILLIGAN. Peggy Gilligan from the United Way was present at the meeting asking that the City Council pass a proclamation to support the United Way for the community campaign that will be conducted in Chanhassen. I Resolution #87-69: Councilman Boyt moved, Councilman Geving seconded to recognize the United Way's community campaign during the week of August 12th in the City of Chanhassen. All voted in favor and motion carried. 1 1 I 1 137 CiLy Council Meeting - August 3, 1987 still have to provide for it's own storm water retention consistent with our development. Councilman Geving: I believe that's all the questions that I have. Resolution #87-80: Mayor Hamilton moved, Councilman Geving seconded to accept the feasiblitystudy, Alternate A, and set the public hearing date for August 24, 1987. All voted in favor and motion carried. ' REALIGNMENT OF WEST 78TH STREET: PUBLIC HEARING FOR VACATION OF A PORTION OF WEST 78TH STREET. The staff requested that this item be tabled because Carver County had not received authorization from the State as of yet and have been unable to convey the street to city jurisdiction. Mayor Hamilton asked if there was anyone fran the public who wanted to comment on the item. ' B.C. Jim Burdick: This is what has occurred there. As the plats know, that street which is a state highway is going to be on the township line but due to ' a bust, I've never heard the word before this afternoon, it is not. It angles to the south. You all probably know what a bust is, I didn't. Mayor Hamilton: What is it? B.C. Jim Burdick: Bill Engelhardt said it's when the surveyor is off a bit on his degrees. Anyway, if it's vacated as shown there, I will be receiving much less than the property to the north which we decided that it just isn't fair that it should be vacated along the township line but then of course the pavement is going to be quite delayed. At one time Charlie James had an agreement where he agreed to pave 60 more feet on the north side to alleviate ' this but I don't know if this agreement is still in effect. Anyway, the alternative would be, because I would just like to keep this going along even though I'm very happy with West 78th Street right where it is, much happier than when it's moved but I have agreed to the moving. I can't bring it up now. Anyway, if I receive that area to the east or the northeast diagonal, if I receive that, we will have the opinion that it has been drawn that way but I wanted to bring it up. If I receive that diagonal up there then it would make what is being vacated for both us fairly even. Councilman Geving: Could we identify that piece more carefully? It's the corner but there's a little triangle on the other side of that. B.C. Jim Burdick: Yes, Charlie James has a few feet. I think I'll just try to tell him that those few square feet aren't worth anything and perhaps that could just go to me too but I think that's between Charlie James and me. It looks like about 50 square feet of his property. Counciliman Geving: I can't believe you would get that whole thing. Mayor Hamilton: That's all done pretty much by, it's done by the courts I II believe as to who gets it. It's not for us to say if you or Charlie James �-- 5 138 City Council Meeting - August 3, 1987 1 gets it. As I understand it's going to have to go through a court process. B.C. Jim Burdick: I didn't understand it that way. If it's acceptble to both Charlie James and me, I would just expedite. Otherwise, I want to go back to having it split as of the township line, as of the center of the right-of-way which would mean I would have all the pavement. Barbara Dacy: The first step in the process though is to consummate the vacation process and once that is completed and each property owner has their share of the right-of-way, then if you want to approach Mr. James and talk about that triangle, then it would be between you and Mr. James to purchase a part. It seems, if I take your meaning, you're wanting to attach that onto Lot 3? B.C. Jim Burdick: That's correct. I Barbara Dacy: Before you could do that, the road would have to vacated first. Unfortunately the Council can't act on that issue tonight. However, we're trying to proceed as fast as we can to get the dedication. B.C. Jim Burdick: I agree with Barbara here and I have a little bit the cart ahead of the horse. ' Mayor Hamilton: I guess I would like to see when this item comes back Barbara, to have a more clear definition for us of what can happen to that piece and perhaps work with Jim so he can get his ideas more specifically down. Maybe you can talk to Charlie too and find out what his views are so we would have some idea of what our options are so we can work with the piece. Is that acceptable? Barbara Dacy: Sure. Mayor Ham ii ton: Is there anybody else from the public who wanted to comment on this item? If not then I would like to continue the public hearing and I would move for tabling of this item until such time as the County acts this item back. s to Mayor Hamilton moved, Councilman Geving seconded to continue the public hearing and table the facation of a portion of West 78th Street until the County has taken action. All voted in favor of tabling the item and motion carried. REALIGNMENT OF WEST 78TH STREET: SITE PLAN REVIEW, JAMES COMPANY. Olsen: The property is located, as we just reviewed, on the corner of Powers 1 Blvd. and West 78th Street. As we were talking about, they will be pursuing a vacation and it is in the process right now. As soon as we obtain control over West 78th Street we can initiate the portion of West 78th Street that II will be under our jurisdiction. The only other problem now is that portion of the right-of-way is controlled by MnDot but we have received the letter from MnDot stating that they do not have any objections to turning over the 6 1141i 1 City Council Meeting - August 3, 1987 7. Fire hydrant placement shall be as follows: a. One at each entrance. 1 b. One on the west side of the building in the alley around the building, one-half the distance to the end of the street. 8. No signage will be allowed on the gas canopy. 1 9. All rooftop equipment shall be screened. 1 10. The trash enclosure shall be screened on three sides with a 100% opaque screen one foot higher than the trash receptacle. 11. There shall be no unlicensed or inoperable vehicles stored on 1 premises and no repair, assembly or disassembly of vehicles. 12. No public address system shall be audible from any esidential 1 parcel and no sales, storage or display or used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles. 1 13. 10 foot easement be placed over all existing utilities in areas of right-of-way to be vacated. 14. The "temporary" status of the storage pond on Lot 2, Block 1 is subject to the feasibility study being completed by BRW, along with [— the City Engineer's approval. 1 15. Submittal of a satisfactory Grading and Erosion Control Plan, especially as it relates to fill and ponding areas. 16. The applicant shall come back for Planning Commission and City Council review if the structure is constructed in phases. 17. A free right turn easement be made at the intersection of Powers Blvd. and West 78th Street. ' 18. The applicant receive all the necessary permits from appropriate agencies i.e. Watershed District, etc.. All voted in favor and motion carried. 1 r REALIGNMENT OF WEST 78TH STREET: CONSIDERATION OF FINAL PLAT, BURDICK 2ND 1 ADDITION. Barbara Dacy: This item was tabled from the June 29th Council meeting so that two issues could be resolved regarding the subject plat. One was the permanent and temporary utility easement as needed by the city in regards to the current sewer construction project that is occurring in West 78th [E7 Street. The second issue was the drainage issue which again, was to be resolved prior to this evening in the feasibility study. The Council action 16 1 '49 City Council Meeting - August 3, 1987 ir7 was to go for Alternate A which directs the drainage to the west to the Eckankar site. 'therefore, the second condition of approval on the plat should be that a drainage easement should be indicated somewhere on the plat with enough area to accomodate the run-off that would occur from just the proposed five lots. The Attorney's office says the utility easements have been instructed to work with the applicant on that issue. Therefore, Staff is recommending approval of the final plat subject to retaining the premanent utility easement as is shown in Attachment #1 and providing that the applicant provide a temporary easement as requested in Attachment #1. Secondly, reserving a drainage easement encompassing an are that meets the storage requirements generated by final plat. B.C. Jim Burdick: The final plat was approved two weeks ago. All of you were nice enough to approve it unanimously. I was shocked when Brian saw this in the newspaper and called it to my attention. I didn't know it was coming up tonight. 13 months ago the preliminary plat was approved and two weeks ago the final plat was approved unanimously so I don't even know what we're talking about tonight. These easement things don't have anything to do with the plat. I have some very interested people down there and all this would be doing is holding it up. In other words, 2 weeks ago you approved it unanimously and the only requirement was a formality that the City Manager, the Mayor and we sign the plat and take it to Chaska. i Mayor Hamilton: I think Jim you're correct in saying two weeks ago on the agenda it did appear as though the final plat approval was on there. In fact what that was was the extension of the one year period of time so the time period would not lapse on your plat and I believe it may have been an error in typing up that. We did extend for 6 months the plat approval process so that this could be done without your having to go back through the whole process again. There isn't any intent on anyone's part to hold you up or to keep you from doing anything that you want to do with your property and I'm a little surprised that the utility easements haven't been completed prior to this time since it was quite some time ago that we asked the City Attorney to work with you on getting those. I know that you have given easements for going across your land to put in the utilities so that doesn't appear to be a problem but I guess I don't understand the whole process. Why that hasn't been completed especially when Jim has been more than willing to let the company on the land to do whatever they want to do. Barbara Dacy: Just for an update, I did speak with Mr. Farrell on Wednesday and he was going to give your attorney a call at the end of last week. I did not hear back from Mr. Farrell about the utility easements. I just wanted to clarify for the record also that despite the dispute on the final plat or when it was approved or whatever, the issues are that the utility easements and the drainage easement issues arise as a result of the projects that have occurred within the last 6 to 12 month period. During the past year we've authorized that sewer improvement. Mr. Burdick received preliminary plat approval I believe it was May of 1986. That project was authorized beyond that. The drainage issue arose from the Watershed District study where we're without County stormwater management plan again resulting in the need to go back and look at the function of that entire area so the final plat is up for consideration tonight for official action 17 1154) City Council Meeting - August 3, 1987 by the Council. We believe the two conditions are reasonable and typical of plat reviews. B.C. Jim Burdick: But gentleman, if I can speak for another moment, I do not believe that this is the situation at all and I have been held up for a month. I would like to give you the transcript of the last meeting. Mayor Hamilton: I don't think that's necessary Jim. We've had it. We've read it. • B.C. Jim Burdick: There's no question it was passed and I have no position except this is just delaying me and I'm being harmed and if this had been brought up because of the preliminary plat 13 months ago, fine but when the plat is approved as Attorney William Frank Kelly said, the ballgame is over. ' It's just a formality from then on in and all I want to do is go ahead with this formality of signing the plat and filing it. Mayor Hamilton: Well, as soon as we finish this evening you'll probably have the opportunity to do that and I guess if you feel you've been harmed or grieved in some way, then there are ways to remedy that. Councilman Johnson: Do you have a problem with the two conditions? B.C. Jim Burdick: Absolutely. Completely. Mayor Hamilton: Why? B.C. Jim Burdick: Because it has nothing to do with the plat. I'm willing to sit down anytime and discuss those and discuss this easement with some responsible person but it has nothing to do with filing of the plat. 11 Councilman Johnson: Easements have to be on the plat, do they not? Barbara Dacy: I would suggest also that if we wouldn't have acted to extend preliminary plat approval and a recommendation could have easily have been because of the changed conditions of the property, we could have required the applicant to go through the preliminary plat process. Again, we have no intent to hold up the applicant. We're going through standard construction procedures. I have nothing more to say. Councilman Johnson: We took action two weeks ago to extend the preliminary plat in order not to delay this project any further than it had been delayed. I know that was exactly what I was doing was two weeks before that I wanted to extend it at that time thinking that two weeks may not have been enough but that didn't come up so. Councilman Geving moved, Mayor Hamilton seconded to approve the final plat for Burdick Second Addition subject to the following conditions: ' 1. Identifying the permanent utility easement as reflected in Attachment #1, and provision of a temporary easement as reflected in Attachment #1. 18 1511 City Council Meeting - August 3, 1987 ir- 2. Reserving a drainage easement encompassing an area that meets the storage requirements dictated in the feasibility study. 1 All voted in favor and motion carried. Mayor Hamilton: Now we'll sign your plat. 1 Councilman Geving: You can take it to Carver County tomorrow. B.C. Jim Burdick: I don't think we're going to under these circumstances. Mayor Hamilton: Well, you're free to do what you want, let's put it that way. Councilman Geving: I think we've been very fair with you Jim. Look what we've given you. If the vacation of the property on West 78th Street goes through. If the right-in/right-out roadway onto Powers Blvd. goes through, you've acquired an awful lot of property. We brought water all the way over from the Industrial Park just to serve your property. We've done a lot for Mr. Burdick. I think you have to recognize that. B.C. Jim Burdick: Yes, I agree with this and there is wisdom in what you say but I say it is not fair to require me to spend the month of September in Chicago to have my plat filed. Councilman Geving: Let's put it this way, you can take your plat and file it. B.C. Jim Burdick: I don't understand that way but I respect what you're saying. 1 REQUEST FOR DEANNEXATION, MERLE D. VOLK. Mayor Hamilton: Merle Volk has sent us a letter and I've discussed this I with Barb and I talked with Merle today about it. I guess Barb, do you want to go through this? Barbara Dacy: Mr. Volk has requested to appear before the Council tonight ' to discuss a proposal to deannex 40 acres of his property that lies north of CR 18 and Lyman Blvd.. This area is outlined in red. Mr. Volk owns the property to the east and all the way to Galpin Blvd.. This area here is where Gardeneer and Mr. Volk's existing contractor's yard is and R & W Sanitation. This area in Chaska, this boot shaped parcel is now under construction for industrial development. West 82nd Street and this area is now under construction also by the City of Chaska. As the Council recalls, a street agreement was approved with Chaska. Chaska is assuming the apparent cost for this street construction. If included into the City of Chanhassen, unless we provide more street connection down to Lyman Blvd.. This area is also within the Watershed District and Drainage District in Chaska in their watershed. Utilities would also likewise be moved. 1 19 1 LAW OFFICES C G �� j- ' GRANNIS, GRANNIS, FARRELL & KNUTSON ///t 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 MICHAEL J. MAYER VANCE B. GRANNIS,JR.• 161 NORTH CONCORD EXCHANGE TIMOTHY J. BERG PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075 I DAVID L.GRANNIS,III _ ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER I •AtSO ADMITTED TD December 22, 1988 PRACTICE IN WISCONSIN IMr. Don Ashworth Chanhassen City Hall 690 Coulter Drive, Box 147 IChanhassen, Minnesota 55317 RE: Burdick v. City of Chanhassen IDear Don: Enclosed for your information please find Order and I Memorandum which was filed on December 21 , 1988 , in the above matter. IVer truly yours, GR,NVIS, . 'ANNIS, F? 'RELL & KNI SON, P A Ill BY Ro N. Knutson I RNK: srn Enclosure I I I I - DEC 2 1988 IUITY OF CHANHASSEN William F. Kelly COUNTY OF CARVER • ' Attorney at Law 351 Second Street ' Excelsior, MN 55331 Clerk' s Notice of Filing„ II • Entry or Docketing • Patrick A. Farrell Attorney at Law 403 Norwest Bank Bldg. 161 North Concord Exchange South St. Paul, MN 55075 • I n City e: Burdick Bur i d'ck vs. Cit of Chanhassen File No. 88-23579 For the above entitled matter, you are notified that on December 21, 1988 , a Findings ' x Order and Memorandum Judgment . - Other • was duly L:T �_ 981: i �C „ _ X Filed • Entered ' Docketed in the amount of $ _:Dated: December 21, 1988 Copies attached • Joyce A. VanEyll j, • Court Administrator • A,• By: fl f:iut'r'\N1.1. U Deputy • • • Court Administration Carver County Courthouse II 600 East 4th Street Chaska, MN 55318 Direct Dialing ( 612 ) •• 448-1201 Civil Division 448-1202 Traffic Division: ' 448-1203 Vital Statistics 1 ' ' STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT File #23579 H.C. Burdick , ' Petitioner , - ; v. ORDER AND MEMORANDUM ' DEC 1988 City of Chanhassen , Respondent . I The above entitled matter came on for hearing before the undersigned on the 14th day of December , 1988 in the Carver ' County Courthouse, Chaska, Minnesota , on a Motion for a Writ of Mandamus compelling the City of Chanhassen to initiate eminent ' domain proceedings. William - F. Kelly appeared on behalf of the petitioner . Patrick A. Farrell appeared on behalf of the respondent . Based upon the memoranda, affidavits, arguments of counsel , and a review of the file, the Court hereby ' ORDERS 1 . That the motion for a writ of mandamus is hereby denied . II _ 2. That the following memorandum is incorporated by reference. ' DATED: D, L ur, 01/0/74.77! BY THE COURT: / actin - Marrs r Judge o Di%rict - Court 1 MEMORANDUM On April 7 , 1987 , the City of Chanhassen, acting through its attorney , requested that petitioner sign a Waiver of Trespass 1 form. The request explicitly stated that "Signing this Waiver does not waive any rights you may have to compensation for these 1 temporary and permanent easements." It also stated that "We are 1 in the process of having your parcel appraised and will contact you when it is completed with a settlement offer ." 1 On April 9, 1987 Brian H. Burdick , acting on behalf of B.C. Burdick , signed the Waiver of Trespass form. This form gave the 1 City of Chanhassen the right to enter upon property owned by B.C. Burdick in order to construct a trunk sanitary sewer extention . The waiver did not waive any claim for "damages for the removal 1 of trees, brush , crops or for the acquisition of temporary easements over the above property . . ." 1 Prior to this transaction, petitioner had been seeking approval for a plat to subdivide his property. pp p pro erty On June 20 , 1987 the plat approval was placed on the City 's consent agenda . 1 Petitioner claims that the plat was approved at this meeting ; respondent claims that an extension of time was granted . At the 1 August 3 , 1987 City Council meeting , petitioner was informed that approval of his plat was conditioned upon his granting a utility y easement and a drainage easement to the City . I Petitioner is bringing this action , seeking mandamus to compel the city to initiate eminent domain proceedings for the 1 taking of his property resulting from the utility easement . After a careful reading of petitioner 's affidavit and 1 II ' memorandum, the Court has concluded that petitioner is trying to bind the City to its April 7 , 1987 "settlement offer" , or in the ' alternative , to bind the City to its apparent approval of the plat at the July 20, 1987 council meeting . These contentions ' will be addressed in turn. As for the "settlement offer" , it was not the kind of offer ' that could create a binding contract , because the terms were not ' specified . See Markmann v. H .A . Bruntien Co. , 249 Minn. 281 , 81 N.W. 2d 858 (1957) . However , respondent may be bound under the 1 doctrine of promissory estoppel . "A promise which the promisor should reasonably expect to induce action or forbearance on the ' part of the promisee and which does induce such action or ' forbearance is binding if injustice can be avoided only by enforcement of the promise." Grouse v. Group Health Plan , Inc . , ' 306 N.W. 2d 114 (Minn. 1981 ) . Under this theory, a finding on "reasonableness" is necessary . This is traditionally a fact issue. When there are factual issues , mandamus is not ' appropriate. The City is entitled to a full hearing on all factual issues. State v. Anderson , 220 Minn. 139 , 19 N.W. 2d 70 I (1945) ; In re Condemnation of Certain Lands , 244 Minn. 581 , 69 N.W. 2d 688 (Minn . 1955) . Equitable estoppel may also be an available theory here . i ' Its elements are representations or inducements by the defendant upon which the plaintiff has reasonably relied to his detriment . Brenner v. Nordby , 306 N.W. 2d 126 (Minn. 1981) . Brenner held that the question of whether plaintiff reasonably relied on settlement negotiations was also a factual issue. • • r I As to the effect of the City Council proceedings, it has II been held that a municipality may be estopped from asserting a dedication when its actions have been relied on by others and II prejudice results. State v. Marcks , 228 Minn . 129 , 36 N.W. 2d 594 (1949) . Assuming that the minutes were incorrect initially . I later were changed , the general rule is that a municipal council IImay order correction of its minutes or records only in the absence of intervening rights of third parties. 3 ALR 1308 . I This issue also raises factual questions which must be resolved at a full trial . I Petitioner 's claim for attorney 's fees is premature, and will not be considered at this time. See M .S. 8117 .045 . II I 1 I IF ...6 Q � CITY CAF 1 . CHANHASSEN �j *- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .,\_- w T z.; (612) 937-1900 1 December 19, 1988 I IMr. Mark F. MacPherson 3941 Church Road Excelsior, MN 55331 I Re: Lot 7 , Schmid' s Acre Tracts Access_ File No. 88-2A IDear Mr. MacPherson: I This letter is in response to your November 30 , 1988 correspon- dence concerning your request to have the City undertake snow plowing and road maintenance on the cartway which accesses your property on Lot 7 , Schmid' s Acre Tracts. As shown on the I attached map, the City owns a 16i foot wide roadway easement between lots 5 and 6 , and 6 and 7 of Schmid' s Acre Tracts . I have discussed this with Jerry Schlenk, City Street 1 Superintendent, and he informs me that the City plows and occa- sionally grades the north/south portion of this cartway between lots 5 and 6 to provide access to our sanitary sewer and water I utilities in this cartway. As you can see from the attached map, the City has sanitary sewer, watermain and forcemain in this easement. I The City' s policy in matters such as this is to maintain and plow those roadways in the City which have been accepted for main- tenance by the City Council . These are typically roadways which I have been constructed to City standards. The current City stan- dard for urban roadways which would apply to your area is a 50-foot right-of-way which would have a 31-foot wide back-to-back bituminous roadway with concrete curb and gutter identical to the I road section constructed this year for Church Road in your neigh- borhood. , I The City periodically receives requests such as yours and has been consistent in its stand as stated above. Most recently, Dogwood Drive along the southeast corner of Lake Minnewashta was I considered for City ownership and maintenance. This request was not pursued further by the neighborhood once they recognized the expense they would encumber to bring the roadway to City standard. I I Mr. Mark F. MacPherson December 19, 1988 Page 2 It is therefore the position of this office that since the cart- way in question is not presently consistent with City standards and has not been accepted for ownership by the City and basically serves as a driveway access to your property, that the snow plowing and maintenance of this segment of the cartway should remain your responsibility. Sincerely, CITY OF CHANHASSEN Gary. Warren, P.E. Director of Public Works GGW:ktm , Attachment: Map cc: Don Ashworth, City Manager ' City Council Administrative Packet (1/9/89 ) Jerry Schlenk, Street Superintendent 1 1 I 1 I j° G�0a _ P' r .� \..... _ 16 5 .('y .MW CC 60 LN TcQa'P1oR 5 I/4 Cor of Sec i (\� j .. CI7v OTc VICTORIA p c.�' 70 Q y «•--i--T•t �. t �, r TOWN 165 A • 478 5 \ 18582 -L,\ ROY W. WASSOM p•OPQ- o c , 1 \� BK 91, P 422 �pjP��e '� 0 ll =N k y0 < � �\P'/e. Q B ' I •'4 \\5c 60 c3 0 �8"ct7,Fe�4.443.5 STUART R SCMMIO c.5.14...4...\ ,� CTF NO 12117 '^ ( N REGAL DEVELOPMENT \5c ,,A.4Oe' w m -- ,6 5 7, el CTF NO 11105 JJ.s \P �� D � N G�,toe P55 a s 02 �,\o t N - \�\�{ 6 M NEWA•.HT� 33 Hta"yNOMPp°B N ©• 4 I 1 �" •� 16 5 .,C ART WAY--' 4 5 3 2 ' 245' • . u �1 ao• ago , / 6 �2 Apse 3 E I 116 o ;1 7 3 13 a -,9es • 2 -T I ��� m 8 I�I O D µF "�w a - i 4 ti" e w ,1 z o I O S I ,1 - 24 AO 4,,,s 3 5 3O I 5 9 O�• 11 -�'g 62 / i PQv 6 P'� • �� JW Mc ItEU IP i 4" 1 1 10 i '' / !R 153,•311 I I - .. _ — I ,4,. ep 1 •� _ yj 0 6 34 000000000\\ /'S W CO v \ KENNETH DURR �c LESTER C. ANDERSON / 86125, P 2 1 5 5 3 2 j A B A ,1 B CTF NO 3874 � ° B � / q � v Ck'. \ a W i 30 \\ / u, • 79 A�� , A. / I •/ - - Z µ1R _ 4111V- / / /GR K .:go 32 , / , ,n,.w,„,u•„'.F u,.d;r ,1,.,1 x6111'µ11d1't1AIW IMhW,Mo14.00064414146040„i„«00G04.∎4{t,1,I.d,1'.w,r 4441,4..tM "ck. v.-.I 1,.104•..n,1a 41,1,Lit4141,114i,u rdo.. I ,I ,1i.+tr — — — — — — — — — — — — all — — — — — — December 15, 1988 ' c pax- South West Metro Transit 7600 Executive Drive Eden Prairie, MN 55344 I'm writing you in regard to the new SW Metro Schedule. I think its the most aggravating, slowest, and most inconvenient schedule I've ever seen. I've ridden the bus for 6 years, and have always got on at the Legion in Chanhassen. At night I take the 4:30 double bus home. I use to get to my car by 5:00 - 5: 10. Now its more like 5:30 - 5:40. That's ridiculous. One hour or more ride to just Chanhassen! First it was add the loop of Valley View Road. Which was fine when Hwy. 5 was underconstruction, and when the bus only made 1 stop at a designated bus stop. Now we seem to stop at every corner to pickup 1 or 2 people. This is very aggravating to the ' rest of us already on the bus. Second, this new loop at Shady Oak Road is the most aggravating of all. It takes the bus at least 10 min. on the way home to just take a left turn onto Shady Oak Rd. , because there are no lights. And then only 1 or 2 people get off. By that time the ' rest of the riders are ready to linch them! I would like to see dropping the Shady Oak loop, and stopping only at 1 or 2 designated stops on Valley View. I don't think this would be unreasonable, and would serve the people of Eden Prairie. ' It's really starting to seem that all the service of this Express bus goes to Eden Prairie Riders. What about us who get on from Chanhassen or Chaska? Don't these cities also pay for ' good service? When I get to my car at night I feel so aggravated and angry, that I felt you should be told. And I know there are other ' angry riders on the bus. Please take this letter into consideration. Sincerely, ' C The Pillsbury Company 200 South Sixth Street ' Minneapolis, MN 55402 cc: Mayor City of Chanhassen Mayor City of Chaska Mayor City of Eden Prairie City Administrator City of Chanhassen✓ DEC 1 6 1988 City Administrator City of Chaska ' City Administrator City of Eden Prairie CITY OF CHANHASSEA c.�' 97- c- Principals In Minnesota's Fastest 40m, • ii '`1 IGrowing Area j�� 'g� Brian H. Burdick B.C. "Jim" Burdick 426 Lake Street Excelsior, Minnesota 55331 (612) 474-5243 ' December 5, 1988 ' Mr. Gary Warren HAND DELIVERED DECEMBER 6, 1988 City Engineer City of Chanhassen ' Chanhassen, MN. 55317 Dear Gary, I am writing to you in reply to your recent letter pertaining to the proposed 78th Street cul-de-sac. You had requested a reply by December 2nd, but inasmuch as I was out of town until December 1st, I called and you graciously gave me a couple of extra days. In reply to your letter, as of today, Bill Engelhardt has sent to you a ' drawing showing a cul-de-sac. He based his drawing on the four drawings you had enclosed with your letter, adjusting it to be the best possible and fairest arrangement. ' However, I want to emphasize that this drawing and Bill Engelhardt's letter or this letter of mine does not in anyway imply that I wish to have any arrangement at this intersection except the one that I and the Chanhassen City ' Council entered into, by a unanimous vote, a bit over a year ago; The right turn in-right turn out. Chanhassen will soon have a new mayor and two new members of the City ' Council. As this right turn-in, right turn-out arrangement on the present 78th Street vs the East 78th Street cul-de-sac arrangement involves a cost to the city of at least several hundred thousand dollars compensation for lost property value and still more for construction of this cul-de-sac, it should be brought up before the largely new governing body. I strongly feel that they should be told the whole story from start to finish in as brief a manner ' as possible, and then be allowed to make a decision. I suggest we do this soon after the new year. It is not only my hope, but my prayer, that the largely new governing body ' will not waste millions upon millions of dollars on such things as a very narrow main street which cannot be navigated by firetrucks (For that matter Volkswagens cannot even make a U-turn), a thickly forested main street which ' will result in many blind intersections and numerous traffic accidents, multimillion dollar ponding areas, when a pond was not necessary, plus numerous other ill-conceived ideas brought forth by BRW. CITY OF CHANHASSEN MEND DEC 07 1988 "Success in business is purely a matter of luck. ENGINEERING DEPT, If you don't believe us,just ask any of the losers." r I I could go on and on, but my only point is that I look to the future, ' e, the new mayor and council, with great hope and respect. So let us let them make the decision. Thanking you for courtesies shown, I remain Cordially yours, ' 1 B.C. "JIM" BURDICK ICB/clm Please note: As to the cost of this cul-de-sac; Apparently the cost will be borne by the general taxpayers as I surely cannot be assessed for something that does not benefit me and I would expect Charlie James to feel the same way. II I 1 ill ... „_. . 4 CITY OF c_c, p - G , CHANHASSEN , , "- ''' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 Y,•r. I (612) 937-1900 December 22 , 1988 I Vanman Construction I Attn: Mr. Thomas Simons 9211 Plymouth Avenue North Plymouth, MN 55427 I Re: Family of Christ Lutheran Church, 275 Lake Drive East, Chanhassen, MN IDear Mr. Simons: As Code Enforcement Officer for the City of Chanhassen, I am I writing regarding concerns expressed by Chanhassen Utility Superintendent Jerry Boucher regarding the sewer and water con- nection from the City line to the church. The fact that these lines were not inspected to the satisfaction of Mr. Boucher, who I has' final authority in these matters, leaves the City of Chanhassen with concerns . 1 I believe that the most complete solution to this problem would be to have these lines dug up for a proper inspection imme- diately. IRecognizing, however, that this would be inconvenient, Mr. Boucher has agreed to accept the following items as an alter- native to completely digging up the lines : 1 1 . The exact location of the lines; I 2 . An exact description of the material that was put into the ground, including the type of pipe; I 3 . The type of connection; 4 . Where the building shut-off valve is; ¢- 1 S . The completion of a hydrostatic test from the main to the building, which is to hold at 150 lbs . for 1 hour; 1 6 . A letter from you to the City of Chanhassen, Attention: Mr . Jerry Boucher, stating that the City of Chanhassen will not be held liable for any problems resulting from the fact that these lines were not properly inspected by 1 Mr. Boucher. The Chanhassen City Attorney will have to accept this letter to meet this particular requirement. I I Mr. Simons December 22 , 1988 Page 2 1 Per the attached Notice form, please be advised that we need the above accomplished no later than Friday, January 6 , 1989 . If I can be of further assistance, please feel free to contact me . I ' ,:" u3..-Necommend that any specific questions be directed to Mr. - ouc.' er ;at 474-2086 . Sincere , Scot i)r ' Assistant Public Safety Director SH:k Enclosure cc: Ashworth, City Manager Gary Warren, ' City Engineer Jerry Boucher, Utility Superintendent Roger Knutson, City Attorney ' Ron Julkowski , Building Official 1 1 1 1 I •.,, CITY OF I :. .- 1 \4:. k CHANHASSEN -,,,,,, ,, . *- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IDate: December 22, 1988 INOTICE To: Vanman Construction Attn: Thomas Simons CERTIFIED MAIL I9211 Plymouth Avenue North Plymouth, MN 55427 IITo the owner, lessee, agent, or occupant of the above described permises: IIYou are hereby notified that at your premises located at 275 Lake Drive East , and used as a church site , 1 the following conditions were found to exist in violation of the Chanhassen City Code: Failure to obtain proper inspection IYOU ARE HEREBY ORDERED TO HAVE THIS CONDITION(S) CORRECTED BY: January 6, 1989 1 NOTICE OF COMPLETION SHALL BE MADE IN WRITING TO: Code Enforcement Officer, City of Chanhassen, 690 Coulter Drive, Chanhassen, MN- 55317. Failure to Icomply with the foregoing orders may render you liable to penalties of said ordi- nance. In reply, please refer to inspection No. . II Ve y yours, I ` r S t Harr Assistant Public Safety Director/ IICode Enforcement Officer cc: Elliot Knetsch, Office of the City Attorney II II r se-4- C ITY 0 F 9 c. iv-1k 74" CHANHASSEN , , 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: December 21, 1988 ' SUBJ: Assumption Seminary Property ' This memo is to provide an end of the year update on this situation. Since we began interacting with the ownership group, progress has been made. The building has remained secured and boarded up; security lighting has been installed on each side of the main structure; police calls have been drastically reduced at the location; and, the barrels that were deteriorating outside have been moved inside the granary until testing can be completed ( the initial company the owners had arranged to test the barrels are now out of business, and arrangements have been made with Braun Engineering in Eden Prairie to complete this testing) . Apparently the negotiations continue .with potential buyers and the present owners . The owners are still communicating with our Fire Department to burn the old dormatory building. I believe the situation as it exists now is acceptable. I have routine contacts with the owners , and will keep you apprised of progress as well . i 1 1 1 1 1 0.4 . 6p .t► 1988 STREET DEPARTMENT ' CONSTRUCTION ACCOMPLISHMENTS ' 1 . Haul beach sand. 2 . Take down bait shop. 3 . Tree trimming. ' 4 . Street sweeping. 5. Remove oil tanks, old shop, bait shop and Hanus . 6 . Rock and build parking lot - Hanus . 7 . Level fill Kerber Boulevard. ' 8 . Excavate shop - new building. 9 . Remove snow fence. 10 . Blacktop Minnewashta Manor. Iii . Clean ditch - Holly Lane. 12 . North Lotus Lake park - build ball field and parking lot. 13 . Patch watermain breaks. ' 14 . Cut boulevards. 15 . Marsh Drive storm sewer. 16 . MWCC lift station storm sewer. 17 . Pleasant View Cove storm damage. 18 . Blacktop Carver Beach. 19 . Blacktop Marsh Lake parking lot. 20 . Blacktop Chaparral parking lot. 21 . Blacktop Ashworth Park and Lake Ann . 22 . Blacktop shop. 23 . Blacktop Carver Beach and Chaparral basketball . 24 . Blacktop Near Mountain trail . 25 . Blacktop Chan Vista trail . 26 . Blacktop Chaska Road. 27 . Blacktop Lyman Boulevard. ' 28 . Christmas lights . 29 . Repair ditch - Homestead Way. 30 . Haul salt/sand. 31 . Install drainage pipe - Chan View easement. 32 . Put up snow fence. 33 . Patch streets - HRA. 34 . Install catch basin - Carver Beach Road, Horseshoe, Yosemite. U 35 . Plow and sand. 36 . Grade gravel roads. 37 . Rock gravel roads. 38 . Catch basins and C.M.P. - Erie. 39 . Washout repair - Powers Boulevard. 40 . Miscellaneous - Stop sign, street signs , snow removal, black- top patching, sealcoat preparation. 2 ,400 tons blacktop 1 ,800 tons salt sand 3 , 200 tons i - 1 Ag. Lime. 840 tons beach sand I 8 , 240 1 EO - ,:,, , , . , IJ. NICHOLAS RUEHL,AIA BERTIL E.HAGLUND,AIA SITE MEETING MINUTES I PROJECT: Chanhassen City Hall Addition Chanhassen Fire Station, Addition and Remodeling Chanhassen, Minnesota 1 DATE: December 15, 1988 EOS# 87126 & 87146 ITHOSE PRESENT: REPRESENTING: Bud Augst Adolfson & Peterson, Inc . I Jim Chaffee Boeser Don City of Chanhassen O'Brien Sheet Metal Jack Anderson EOS Corporation I Dale Gregory Chanhassen Fire Department Mark Littfin City of Chanhassen Craig Courtney Carlson Fire Protection IA. The following minutes reflect our understanding of the information discussed at the construction meeting. Please I notify us if you have any questions or comments regarding these minutes . 1 . Previous construction meeting minutes were reviewed and Ithe following items were noted: a. Jack issued concern that shop drawings for Fire I Station miscellaneous metal, Fire Station mezzanine, City Hall and Fire Station millwork and Fire Station racquetball court have yet to be submitted for Architect/Engineer review. Ib. Don will submit standard colors available for diffusers by next construction meeting. Jack II indicated that at the Fire Station an ivory color in lieu of white would better match the proposed r ceiling tile color. I c . The City Hall sprinkler situation was reviewed by Craig and the existing system can be tied onto with modifications . The modifications required to I tie the systems together include, providing a larger control valve, meeting owner objectives of I I EOS CORPORATION 470 Water Street, Excelsior, MN 55331 (612) 474-3291 :,..:.a, .. .,., -' II 3 y I 1I1ILI.vr 4-,t ,:4%,—,' n .u. ..... ......< ,, II II a southeast siamese location and providing II rough-in lines for the future addition. A change order will be submitted by the fire sprinkling subcontractor for providing these modifications . d. The dumpster billing submitted by BFI to the City II is for the City's 2 ton container located on the Fire Station site. Jack will return the BFI II invoice to Larry Brown at the City. 2 . Regarding construction schedule and project items the following is noted: I a. Fire Station; ( 1) . The project is behind schedule by I approximately 3 weeks, Jack indicated that a revised schedule should be submitted by A&P. ( 2 ) . During the last week very little construction II was done on the Fire Station. ( 3) . Jack indicated that before roofing is started I the sub-contractor should submit material proposal shop drawings . A pre-roofing II conference should also be scheduled. ( 4 ) . It is anticipated that the roof will be installed by Mid-January. II ( 5 ) . The owner instructed the Architect to prepare a proposal request for adding an oak rail II along the walls in rooms 202A, 202B, and 213 . b. City Hall : I ( 1) . Notes 1, 3 and 4 for the Fire Station above also apply to the City Hall . ( 2 ) . By December. 23 the exterior masonry walls should be completed, they are presently about II 70% complete. ( 3) . Don indicated that he will store the fabricated ductwork at the City Hall II Addition, lower level . II II 4 . ( 4 ) . The owner would like the Architect/Engineers to prepare a proposal request for installing an electrical cable from the City Hall telephone service panel to the Fire Station. B. The following items pertain to site visitation of ' December 15 : 1 . Fire Station: ' a. No additional comments . 2 . City Hall: a. Facebrick composite wall is about 70% complete. h. Enclosures are being heated 24 hours for the new masonry. PREPARED BY: Jack Anderson, AIA JA: ja cc : all participants Gary Warren - City of Chanhassen EXE Associates Rudin Structures M: \87146\doc\SM1215 I CITY OF 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 30, 1988 1 BRW Attn: Howard Preston Thresher Square 700 Third Street South Minneapolis, MN 55415 1 Re: West 78th Street/Laredo Drive Stop Signs File No. PW070a Dear Howard: At the December 19 , 1988 City Council meeting, Council directed that the appropriate engineering study be performed to evaluate the placement of stop signs at the intersection of West 78th Street and Laredo Drive to determine if an "all-way" stop con- ' dition should be established at this intersection. With your intimate knowledge of the traffic patterns in the downtown area and the involvement that you have had on the Trunk Highway 5 intersection and trip origin and destination studies, I am hereby requesting that you proceed with conducting the appropriate engi- neering study on this intersection. 1 We are not only interested in the evaluation of warrants for this intersection, but also a review of impacts east and west of this intersection on traffic stacking and other ramifications to the downtown driveways and intersection of Great Plains Boulevard. 1 City staff has acquired some limited information concerning traf- fic counts for this intersection which will be forwarded to you by Larry Brown. As I imagine you are well aware, traffic counting devices become quite tempermental in winter weather and therefore it may be necessary for you to take manual counts to obtain the ' information necessary for your analysis . I would appreciate receiving the results of your study so that it can be placed on the February 13 , 1989 City Council agenda. 1 Please notify me of your best estimate for the cost of this study before proceeding. 1 1 11 Howard Preston December 30 , 1988 Page 2 If you have any questions, please contact me or Larry Brown. Sincerely, ' CITY OF CHANHASSEN � . Warren, P.E. -ngineer ' GGW:ktm cc: Larry Brown, Staff Engineer ' Don Ashworth, City Manager Gary Ehret, BRW City Council Administrative Packet (1/9/89) ' 1 I 1 I. - ,v o �+c CITY OFC CL BOX 147 • CHANHASSEN, MINNESOTA 55317 \ CHANHASSEN \ \,......4...,... 1 , , w'45, :,'' 690 COULTER DRIVE •• P.O. B(612) 937-1900 1 IDecember 19 , 1988 I Pastor Brian Pike Westside Baptist Church 1465 Park Road IChanhassen, MN 55317 .. Dear Brian: I On Monday night, December 12 , 1988 , the City Council approved your request to set up a temporary church in the Fitness Master building, 1250 Park Road. Please understand that the Council' s I approval is dependent upon the ouilding meeting all Life Safety and Uniform Building Code requirements . These requirements must be ,completed prior to your moving in. ' I am also sending a copy of a memo from our Building Inspector requesting a floor plan. He indicates in the memo certain addi- tional requirements needed to be satisfied before occupancy as a Ichurch can be allowed. Please feel free to call either Steve Kirchman, the Building 1 Inspector or myself if you have any questions regarding this matter. Sincerely, / , 1 , ' .im Chaffe - ublic Safety Director I JC:k cc: Steve Kirchman, Building Inspector IDon Ashworth, City Manager I I II .1 CITYOF . 1 ■ N ki I.fr CHANHASSEN 1 �` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 II MEMORANDUM I TO: Jim Chaffee, Public Safety Director FROM: Steve A. Kirchman, Building Inspector 414Ale , 1 DATE: December 12, 1988 SUBJ: Proposed Temporary Westside Baptist Church Location II (Fitness Master Building, 1250 Park Road) 1 Pastor Brian Pike requested an inspection of the west portion of the building to determine its acceptability for use as a place of II worship. Ron Julkowski and I toured the building on December 12th. A floor plan will be necessary to determine exactly which parts II of the existing building will be used. The new occupancy will be an A (assembly) occupancy. If daycare is proposed it will also I be an E (educational) occupancy. These occupancies require an occupancy separation from the existing occupants . A floor plan will also allow us to determine exit widths, exit separation, plumbing requirements, sprinkler requirements , ventilation I requirements , required exits , exit lighting and emergency lighting. Many of these requirements may already be satisfied with the existing building layout, but this can' t be determined II without a floor plan. Panic hardware will definitely be required on all exit doors . Daycare facilities also require an approved fire alarm. 1 Pastor Pike should be commended for researching the necessary requirements before committing his congregation to this location. All requirements for an A occupancy (and possibly an E II occupancy) will have to be met before the space can be occupied. 1 1 1 I CITY OF CHANHASSEN ,c,„‘\ 1/4 11? 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 ! 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director DATE: December 6 , 1988 1 SUBJ: Public Safety Monthly Reports I have asked the Sheriff' s Department to provide us with the times that the citations were issued for the month of August. I was not sure if you wanted just the month of August or if you 1 wanted a list of times on a continuous basis for all the monthly reports that are sent to us. 1 On the number of false alarms that we have been receiving, the Public Safety Commission has been discussing this issue for the past two meetings . 1 From our research, it would appear that the County is not handling the alarm ordinance. Larry King has not been involved with this for a number of months, possibly the past l4 years , and 1 the County does not even have a good record system for the alarms that we have received. I am including a copy of our City Code that would handle the alarm problem, but I would like to point 1 out that it specifically states that the Sheriff shall notify the affected alarm user and to collect the penalty fee imposed. 1 It would be my suggestion that we change the City Code and have Chanhassen Public Safety handle the administrative part. In this way we can take control of the alarm problem, handle it as it should be handled by City Code, and pay for the administrative 1 costs through the user fees collected. The bottom line is that we are aware of this and we are working on it and we will let you know what solutions we have come up with . 1 RECOMMENDATION: Since the ball has been dropped by the Sheriff ' s Department, it 1 is my recommendation to pick it up and run with it by changing our City Code. 1 1 ALARM SYSTEMS § 3-10 I l monitoring location on the premises.When in the judgment of the sheriff no such on-premises I monitoring location is feasible,the requirements of this section may be waived by the sheriff. (Ord. No. 72, § 4.04,5-3-84) Sec. 3-8. Multiple function alarm systems. I _ Alarm systems that have more than one (1) alarm signal function (burglary, fire, etc.), I shall report specifically which of the functions has been violated,when reporting to the public safety communications center for the purpose of dispatching public safety personnel to the site - of the alarm system. ' (Ord. No. 72, § 4.05,5-3-84) Sec. 3-9. Connections to public safety communications center. 1 Except for alarm systems from financial institutions or public buildings,no alarm system shall connect directly to the public safety communications center.All such alarms must report I to the public safety communications center in some other manner. No automatic telephone dialing device shall be allowed to dial direct or be programmed so that it dials directly into the public safety communications center. I (Ord. No. 72, § 4.06,5-3-84) ( ) Sec. 3-10. User fees. I (a) An alarm user fee in the following amount is imposed upon any alarm user from I whose alarm system eminates more than three (3) false alarms within any period of twelve (12)consecutive months: Number of False Alarms I Per Period Alarm User Fee 1,2 or 3 No charge I 4 $ 50.00 5 50.00 6 50.00 I 7 50.00 8 50.00 1 Each additional _ 100.00 (b) All federal, state, county and municipal buildings and all public schools are exempt from the fee in subsection(a). I (c) All newly-installed alarm systems have a thirty-day probationary period,commencing on the date of first operational use thereof, during which period false alarms will not be I �., counted for the purpose of computing the amount of any alarm user fee imposed by this f section. 1 115 1 . § 3-10 - CHANHASSEN CITY CODE (-- \ (d) All alarm systems which are altered by the addition to any new alarm feature have a fifteen-day probationary period, commencing on the date of first operational use of the new feature,during which period false alarms will not be counted for the purpose of computing the Iamount of any alarm user fee imposed by this section. (e) Subsequent to any false alarm, the sheriff shall notify the affected alarm user in writing of the date of such false alarm, the apparent reason therefor, and the alarm user fee Iimposed.It shall be the duty of each alarm user to pay all alarm user fees to the sheriff within thirty(30) days of the date of mailing of the sheriff's fee statement specifying the amount of I such alarm user fees.The statement shall be mailed to the affected alarm user at his address shown on the registration form required by section 3-6. (f) One-half of all alarm user fees collected by the sheriff shall be remitted to the city to "' I . defray its administrative and prosecution costs incurred in connection with the enforcement of this chapter.The other half of the alarm user fees shall be retained by the sheriff to defray his administrative costs incurred in enforcing this chapter. __ I (Ord.No. 72, § 5, 5-3-84) - - Sec. 3-11. When user to respond to alarms. I - If in the judgment of public safety personnel at the scene of an alarm, it is determined that the alarm user should appear at the location of any alarm for the purpose of admitting I public safety personnel to the subject premises to investigate any alarm system signal, or for 'C the purposes of deactivating any alarm system signal, or for the purpose of identifying third parties found on the subject premises during the investigation of any alarm system signal,the I alarm user shall appear immediately if so requested by the sheriff. (Ord. No. 72, § 6.01, 5-3-84) I Sec. 3-12. Correction of defective alarm. If an alarm user has had more than three (3)false alarms in a twelve-month period, the alarm user,upon the written request of the sheriff, shall submit in written form a description Iof any steps being taken to remedy any problems with false alarms eminating from the alarm user's location. (Ord. No. 72, § 6.02, 5-3-84) I I t [The next page is 167] 116 I �, 1 CARVER COUNTY SHERIFF'S DEPARTMENT AREA REPORT �� � ' CCS02 ' PERIOD ENDING: 8-31-88 FOR: Chanhassen City - PAGE: 1 ' Description This Year Last Year Current YTD Current YTD II Month Month Assault 1 16 2 14 II Burglary 4 18 3 21 Drug Violation 5 14 1 2 ._ Disturbing Peace 19 130 18 123 Traffic/Alcohol Related 9 43 unk unk II Misc. Criminal 7 75 unk unk Property Damage/Vandalism 20 100 12 88 Robbery 0 0 0 1 II Sex Crime 1 5 1 4 Theft 30 173 17 138 Uttering/Bad Check 2 9 0 11 I Vehicle Theft 2 14 0 5 TOTAL CRIMINAL II******************************************************************************* . `1 Abuse/Neglect 1 6 ` .) Domestic 7 50 �, p ,,L' 5 38 M II issing Person 2 61 �✓ S 3 31 Prowler 1 9 'Pt` 4. 6 13 Suspicious Activity 25 122 `' Y unk unk II Alarm 21 IV �' 19 96 Open Door 2 1 4 25 Fire 5 82 .�° , 7 67 II Medical 17 103 r 14 119 Business/Residential Check 3 52 C�' 8 65 IIAnimal 35 30 1 16 107 Boat & Water 2 8 � _„o . unk unk Civil Process Service 0 �►9 unk unk Warrant Service 1 5 unk unk II Transports A%')Z 1 7 unk unk Assist Other Agency 4 20 unk unk Gun Permits 2 2 unk unk I Unlock Vehicle/Building 29 214 unk unk Motorist Assist 17 136 6 70 PD Accident 22 197 22 142 II PI Accident 6 44 1 28 Fatal Accident 1 1 unk unk Traffic Misc 38 282 82 527 II Misc. Non-Crim 113 763 105 775 TOTAL NON-CRIM 355 2608 unk unk II ******************************************************************************* TOTAL REPORTED 455 3205 II IICARVER COUNTY SHERIFF'S DEPARTMENT AREA REPORT CCS02 PERIOD ENDING: 9-30-88 FOR: Chanhassen City PAGE: 1 IIDescription This Year Last Year Current YTD Current YTD IMonth Month Assault 3 19 2 16 Burglary 12 30 4 25 I Drug Violation 3 17 0 2 Disturbing Peace 21 151 5 128 Traffic/Alcohol Related 6 49 unk unk - ' Misc. Criminal 5 80 unk unk Property Damage/Vandalism 17 117 12 100 Robbery 0 0 0 1 l Sex Crime 0 5 2 6 Theft 21 194 19 157 Uttering/Bad Check 2 11 1 12 Vehicle Theft 1 15 1 6 ITOTAL CRIMINAL 91 688 unk unk ******************************************************************************* IIAbuse/Neglect 1 7 0 17 Domestic 5 55 5 43 Missing Person 2 63 3 34 1 Prowler 4 13 4 17 Suspicious Activity 16 1- unk unk 63> II Alarm 36 4 107 Open Door 1 12 2 27 Fire 12 94 4 71 I Medical 12 115 9 128 Business/Residential Check 2 54 6 71 Animal 25 7 325 31 138 II Boat & Water 0 '— 8 unk unk Civil Process Service 0 0 unk unk Warrant Service 3 8 unk unk II Transports 1 8 unk unk Assist Other Agency 5 25 unk unk Gun Permits/Acquire 4 6 unk unic Gun Permits/carry 0 0 unk unk 1 Gun Permits/Transfer 0 0 unk unk Unlock Vehicle/Building 25 239 unk unk II Motorist Assist 7 143 9 79 PD Accident 23 220 18 160 PI Accident 11 55 6 34 Fatal Accident 0 1 unk unk 1 Traffic Misc 29 311 38 565 Misc. Non-Grim 78 841 113 88d I TOTAL NON-CRIM 302 2910 unk unk ******************************************************************************* IITOTAL REPORTED 393 3598 II 1 CODE VIOLATIONS II 1988 Verbal Number of 30-Day I Y Complaints Complaints Notices Taken Documented Sent Total II January 10 1 - 11 I February 9 1 - 10 March 11 5 - 16 II April 15 17 - 32 May 13 12 1 26 II June 9 9 2 20 II July 12 15 4 31 August 13 20 7 40 1 TOTAL 92 80 14 186 I II II (1 r 0- ft.---4 / 9 I ■ J I I 1 I I 1 Zi21<9 at- rd /•s 1;,45 /s, i A0741^ - ;s 71e4., ' o dam. /472 Cam. Go.//1 1 7 CARVER COUNTY SHERIFF ' S DEPARTMENT MONTHLY TIME CHART MONTH :AUGUST MUNICIPALITY: CHANHASSEN 1 TIME # OF CALLS FOR SERVICE 12:00-01 :00 AM 13. 01 :00-02:00 16 02 :00-03:00 17 03 : 00-04:00 6 ( 04:00-05 :00 10 05 :00-06 :00 6 06 :00-07 : 00 8 07 : 00-08 : 00 7 08 :00-09 :00 16 09 :00-10: 00 32 10:00-11 :00 15 I ; 11 :00-12 : 00 17 12: 00- 1 :00 PM 21 1 : 00- 2 : 00 23 2:00- 3: 00 18 3: 00- 4: 00 24 4: 00- 5 : 00 17 5 : 00- 6 : 00 24 6 : 00- 7 :00 `9 7 :00- 8 :00 22 8:00- 9 :00 33 9 : 00- 10 : 00 32 10: 00-11 :00 28 11 :00-12 : 00 21 455 I I II ..t C ! TY 0 Ai-,_ cf,--1-- F:: c c, r_c_it _ /1/4_4 II ■ le I \ , `'4,1h,, . ' C . i: 4: A, WHASSEN .,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 29, 1988 I Patrick and Virginia Hanily 2660 Orchard Lane I Excelsior, MN 55331 Re: Chlorine Fumes IFile No. 88-17 Dear Mr. and Ms . Hanily: II appreciate your letter dated December 14 , 1988 , received by the City December 28 , 1988 , concerning the apparent chlorine overdose in your drinking water. As you are aware, Mr. Jerry Boucher, I Utility Superintendent, and other members of City staff have been -Actively involved with the flushing of our system once we were notifed of your complaint and have likewise spent considerable II time in reviewing this situation to identify the source of this problem. I We are confident that this overdose did not result from the City' s chlorinator. As you conclude in your letter, it appears the heavy chlorine concentration resulted from the disinfection work being performed by Valley Rich, Inc. for the "Seven I Forty-One Crossing" commercial development located at the south- west corner of Highways 7 and 41 just east of your residence. Had the City' s chlorinator been overdosing the system we would I have received complaints immediately from the Melody Hill neigh- borhood area. This was not the case. Instead, the complaints were local to your neighborhood just adjacent to this private Iconstruction area. City staff has had several discussions with Valley Rich, Inc. , the utility contractor for this site, to review their procedures I and to resolve this situation. The contractor is also very con- cerned about how this happened. I believe that this unfortunate ,- occurrence was not done intentionally or maliciously. We believe I that a defective valve or valve inadvertently not fully closed may have led to the leak in chlorine from the system being disin- fected. It is to protect against occurrences such as this that the City requires all contractors to notify our Utility I Superintendent (Mr. Boucher) to receive authorization to operate any of the system valves as well as to oversee disinfection pro- cedures such as were done for this development. Unfortunately, Ithe contractor had not notified Mr. Boucher as required. r r Id( Patrick and Virginia Hanily II December 29 , 1988 Page 2 As a part of reconstruction meetings which are held on all City I P P g y projects, procedures are reviewed with developers and their contractors to make them aware of the coordination which is II necessary with the City staff on matters such as this. Staff will be further reviewing these procedures with representatives from Valley Rich to reinforce the necessity to follow City proce- , dures . The City further requires that all developers and their contractors be properly insured to cover claims which may result from their activities. I would encourage you to submit to me any II claims and expenses you may have encountered as a result of this unfortunate incident and I will see to it that they are forwarded on to the contractor for settlement. I sincerely regret and apologize for the obvious inconvenience, II discomfort and stress that this has placed on your family. If I can be of further assistance, please feel free to contact me. II Sincerely, CITY OF CHANHASSEN I 1 Gar G. . rren, P.E. I Dir- = of Public Works/City Engineer GGW:ktm I cc: Roger Zahn, HSZ Developers Rich Haas, Valley Rich, Inc. II Don Chmiel, Mayor-elect Jerry Boucher, Utility Superintendent Don Ashworth, City Manager II Larry Brown, Staff Engineer . Roger Knutson, City Attorney II II II II II II /2/14/88 IIlatnich and Vin inLa NanLly ' 2660 Onchand Lane r .,7 ( ce ALon, Mn. 5533/ DEC 1°88 To Whom it May Concern: ENVNEEEN DEPT. To begin, I would Line to explain vun Location Ln ChanhaAAen. We Live juat welt o/' flwy. 4/, bondening flwy. 7 on the 4.outh tide, on Onchand Lane. ' On Monday, Decembers /2, /988, by 7:30 p.m., vun house a A Ailed with the ' ?umeA oC chlorine. The pfumet wene AO strong that Lt caused ours eyes to teen. Ours six gears old daughters, my husband and myte4C experienced ' stomach cnampt and nausea; tymtomatic dninhing highly concentrated chLoninated wafers. ' In checking with the a-Ey Chanhatten, it was bnought to my attention ' that the commenciaL development under conttnuctLon on the touthwett corners oC flwy. 7 and 4/ Puthed theirs wafers Liner with chLonine and appanent4y did not thus oC? appnopniate vaLvet which allowed high concentnativn1 oC chlorine into the netidenfiaL waters supply, agecting ' in home and tevenaL others. I alAo underhand that BCFO?C the commenciaL development was to penConm this. necetiany pnocei.t on skein pipet, they wene to have in,Ionmed the appnvpniate pe.ni.vnla) at the City o1f Chanha/ en, but F4ILCD to do to. ' Who in the City o1f Chanha,.en L4 neApoti6Le ?ors monitening the conttnucfian vC thi.t development? What action will be taken to enure this. on ofhen potentially ,eniout pnoblemt WLLL not occurs again? I I We inaii.t on tighten contno.1.4. and atnongen enitoncement oc building ' codex. and nug,J.Lati.on4, ao that the health o? vun amilg and neighbona L4 not compnomi.aed becauae the people neApon4L6le wi.fh that development ' want to cut connena to nave time and money. 414.o, we. expect this maffen will 6e addneaaed immediately and OWL quea.t ion,. anawened. ?eiipectAlly, ' c--17cc C Patnich and V i.ng.i.ni,a f(ani.lg Cv ie�. o thia connect ondence ane 6eLn aent to: p � P � 2ogen Knutaon, Citg affonneg Tom llamilton, Out-going Mayon Don Chmiel, in-coming Mayon Yenncl.Bouche, Sewen 8 Wafen Supenvi4.on Don 114.hwonth, Ci.tcg ltlanagen Gana Wannen, Ci.tcg Engi.neen gay 9ohn4on, Ci.tr1�r Council Bill Boat, Citcg Lounci.l l/naula Dimlen, Cit Council (In-coming) Tom 6Jonlvnan, Citg Council (Zn-coming/ Clank I/onn, City Council (Out-goingl Dale 6-eying., Cam Council (Out-going) 1 I I / -,/,, c IT OF I \ G q - - L . T � I EANEASSEN ` \ -�'' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �T (612) 937-1900 IMEMORANDUM ITO: Don Ashworth, City Manager Public Safety Commission IFROM: Jim Chaffee, Public Safety Director SUBJ: Crime Prevention Grant IDATE: December 9, 1988 ! 1 I II am happy to report that we have once again received monies from the State of Minnesota to use toward crime prevention programs. You may remember that last year (1988 ) we obtained II $7500 . 00 in crime prevention grant monies on a 50/50 match basis. We have received notification from the State that we will get $8500. 00 on a 50/50 cash match for 1989. These monies will be used to help start and maintain a basic level of crime prevention programs to include, operation ID, I Chan Watch, and some neighborhood watch functions. Some of these funds will also be used toward the salary of a full time CSO to come on board in 1989 . I Any ideas about crime prevention from any member of the commission are always welcome. We would especially like to thank Commissioner Jim VonLorenz for all his help and advice I on crime prevention. We are also happy to report that our two (2) part time CSO' s have just completed a one (1) day crime prevention class sponsored by the Hennepin County Chiefs of Police Association. I p.-- Note: Please find attached the crime prevention grant contract I that must be signed by either the Mayor or City Manager prior to receiving any funds . I I II I� of OFFICE OF THE COMMISSIONER 4IL cl -' , I 211 Transportation Building �*v \\, P , G G /) Telephone: `�,�_� ' STATE OF MINNESOTA I December 1 , 1988 DEPARTMENT OF PUBLIC SAFETY SAINT PAUL 55155 II Jim Chaffee, Director I City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 I Dear Director Chaffee: Congratulations! II The Crime Prevention Advisory Com 'ttee has recommended awarding a grant to your agency in the amount of $ Soo ' : I Appropriate contracts are being prepared and should be forwarded shortly. Please execute the contracts and return them as soon as possible so we may II process your payment quickly. Please return to address listed below. If additional information regarding the grant is necessary, it is noted below. II Please furnish this information as soon as possible. (:3' 772.4"/^1 4 C, P.---A, s D :( E-T4-.0 II Thanks. I /2t4-"*--1 II Stephen M. Hennessy II Assistant Superintendent Bureau of Criminal Apprehension 1246 University Avenue St. Paul , MN 55104 II SMH:jm Enc. II II DEC I) 2 1988 1 CITY OF CHANHASSEN AN EQUAL OPPORTUNITY EMPLOYER t„„,r—aSTATE OF MINNESOTA > DEPARTMENT OF PUBLIC SAFETY \ BCA s�4 olPi Op MIXNE� . BUREAU OF CRIMINAL APPREHENSION 1246 University Avenue St.Paul,Minnesota 55104-4197 612/642-0610 ' December 27, 1988 Jim Chaffee, Director City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 ' Dear Director Chaffee: Regarding your Community Crime Prevention Grant, enclosed please find a con- tract to be signed by the authorized official who signed the application. Please return the signed contract as soon as possible so we can process your payments. ' Your grant will be sent to you in two payments: one will be made immediately after the contracts are signed in the amount of $5,250.00 ; the second, in the amount of $3,250.00 , will be sent to you at a later date. Thank you in advance. ' Sincerely, ' Stephen M. Hennessy Assistant Superintendent ' SMH:jm Enc. 1 DEG 2 1988 CITY OF CHAN hASS -'y AN EQUAL OPPORTUNITY EMPLOYER AMA. ,') CIF STATE OF MINNESOTA Department of Public Safety State and Local Assistance for Community Crime Prevention Contractor Agreement , THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, is entered into by and between the State of Minnesota through its Department of Public Safety and City of Chanhassen Name of Contractor 690 Coulter Drive, Chanhassen , MN 55317 Social Security or MN Tax I.D. No. for the purposes of providing additional educational material, personnel, equipment, personnel training, and supplies for more effective community crime prevention. NOTICE TO CONTRACTOR: You are required by Minnesota Statutes, Section 270.66 ' (1988) , to provide your social security number or Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state obligations. WHEREAS, the State of Minnesota, Department of Public Safety, (hereinafter ' State) has been designated to administer the Community Crime Prevention funds available through the Federal Justice Assistance Act of 1984; and WHEREAS, the Crime Prevention Advisory Board has determined the following priority areas: a) neighborhood watch, b) operation I.D. , c) security surveys, d) citizen patrols, e) escort services, f) block homes/safe houses, g) public education, h) other programs determined by the Advisory Board to be an appropriate use of the monies, and WHEREAS, the Contractor's proposed project demonstrates a commitment to community crime prevention; and WHEREAS, the Contractor is a local unit of government and is authorized to accept Federal funds for the purposes specified in the project proposal; 1 I A ' NOW THEREFORE, it is agreed: I. Scope, Purposes and Tasks of Agreement The Contractor will carry out the tasks described in its project proposal, as amended by the terms and conditions set forth in any subsequent attachments, all of which are incorporated as part of this agreement. II. Purchase of Property All property purchased by the Contractor in the performance of its obligations under this Contract shall be for the exclusive purpose of community crime prevention as indicated in the project proposal. ' Contractor shall not use, willingly allow or cause to have such materials used for any purpose other than performance of Contractor's obligations under this contract. ' III. Monies Expended for Salaries and Benefits All monies expended for salaries and benefits from the grant are to be used by the Contractor solely for the performance of its obligations under this Contract. ' IV. Terms of Payment The State shall provide to the Contractor an amount not to exceed Eight Thousand Five Hundred Dollars ($ 8,500.00 ) for performance of its obligations under this contract. ' The Contractor agrees to provide the cash match required by Sept. 30, 1989, which will be equal to or greater than $ 8,500.00 (50% of total ' project cost) . Total cost of the project will be $ 20,000.00 . Total cost ' to the State for performance of this Contract shall not exceed $8,500.00 The Contractor assures that a legally binding commitment appropriating the ' 50% cash match required by the Act has been made by the appropriate authority. The matching funds will be provided by/through Chanhassen Public Safety ' source The 50% match portion of the cost of the project shall be in addition to ' funds that would otherwise be made available for community crime prevention. Payments are to be made from Federal funds obtained by the State through the Justice Assistance Act of 1984. ' The Contractor further agrees to return to the State, together with the Annual Performance Report required under Clause V-B, any uncommitted funds received from this date. V. Reporting The Contractor will advise the State concerning the project progress through the following means: 2 1 1 A. Submission of Quarterly Status Reports within five working days following April 1, July 1, October 1, and January 1; B. Submission of Annual Performance Report within thirty days following termination of this agreement (September 30, 1989, or completion of project, whichever occurs first) ; C. Maintenance of records suitable for auditing purposes, including appropriate entries and receipts. VI. Audits The books, records, documents and accounting procedures and practices of the Contractor relevant to this agreement shall be subject to examination by the State through the Department of Public Safety and the legislative auditor. VII. Budget The Contractor's budget must be for one fiscal year. Funds that are not used by September 30, 1989, must be returned to the State. The Contractor will expend any funds and required cash match allocated for this project according to the budget approved in the contract and attachments. The Contractor must submit a revised budget for any deviation from the approved budget exceeding 10%. The revised budget must be approved by the Grants Administrator. VIII. Conditions of Payment All services provided by the Contractor pursuant to this Contract shall be performed to the satisfaction of the State, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state and local laws, ordinances, rules and regulations. The Contractor shall not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law ordinance, rule or regulation, including but not limited to: A. The Contractor agrees that Federal funds awarded will not be used to supplant or used as a substitution for local funds, but will be used to increase existing crime prevention programs maintained during the grant period. B. Non-discrimination: Contractor assures it will meet all applicable requirements of Federal and State civil rights laws, rules and statutes. C. The Contractor assures that it will comply with the provisions of the Office of Justice Programs "Financial Guide for Grants" M7100-1C. 3 1 1 ; ` e IX. Cancellation This Contract maybe be cancelled by the State or Contractor at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, Contractor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. ' X. State's Authorized Agent The State's authorized agent for the purposes of administration of this Contract is Stephen M. Hennessy, Bureau of Criminal Apprehension. Such agent shall have final authority for acceptance of Contractor's services and if such services are accepted as satisfactory, shall so certify for payment pursuant to Clause VIII. XI. Term of Contract This agreement shall be effective on January 1, 1989, or upon such date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect until September 30, 1989, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first, provided that this agreement may be reduced, suspended or terminated as outlined above. ' XII. Amendments Any amendments to this agreement shall be in writing and shall be executed by the same parties who executed the original agreement or their successors. ' XIII. Liability The Contractor agrees to indemnify and save and hold the State, its agents and employees harmless from any and all claims or causes ' or action rising from the performance of this agreement by the Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies the Contractor may have for the State's failure to fulfill its obligations pursuant to this agreement. XIV. Worker's Compensation In accordance with the provisions of Minnesota Statutes, the State affirms that the Contractor has provided acceptable ' evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statute 176.181, Subdivision 2 (1988) . ' XV. Authorized Official The Contractor's Authorized Official is responsible for the receipt of the appropriated funds, and for guaranteeing the existence of the matching fund commitment. This person must be from the unit of government of which the Contractor is a part; and must be the mayor, city manager or county board member who is legally able to sign contracts and encumber funds. ' XVI. Attachments The project proposal and documentation of the 50% matching fund commitment must be included as a part of this contract. 4 i 1 1 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. I APPROVED: As to form and execution by the CONTRACTOR ATTORNEY GENERAL By: . By: Title: Date: (must be authorized official as in XV) Date: COMMISSIONER OF ADMINISTRATION By: COMMISSIONER OF PUBLIC SAFETY Date: ' By: Date: COMMISSIONER OF FINANCE ' By: Date: STATE OF MINNESOTA CONTRACTUAL (non-state employee) SERVICES Trn.No. Account 1.0. OresnIz tion F.Y. Requisition No. Vendor Numbs Type Terms Cost Cod*5 C. CD.1 C.C0.2 C.CD.3 I A40 /_ 1 Cost Code 4 Amount Suffix Object _ ( SEND TYPE OF TRANSACTION: ❑ A40 ❑ A41 Entered by Date Number ❑ A44 ❑ A45 ❑ A46 Entered by Dote 5 I AGENDA PARK AND RECREATION COMMISSION ' TUESDAY, JANUARY 10, 1989, 7 : 30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE 1 . Call to Order. 2 . Election of Officers . 3 . Approval of December 13, 1988 Minutes . ' 4 . Site Plan Review; Ver-sa-Til. 5 . Review Commission Applications and Set Special Meeting ' Date for Interviews . 6 . Establish 1989 Lake Ann Park Parking Fee Schedule. 7 . Establish 1989 Park and Trail Dedication Fee. ' 8 . Discussion of 1989 July 4th Celebration. 9 . Update on Hidden Valley Trail Easement Re-Alignment. 10. Update on 1989 Ice Rinks . 11 . Program Update, Friday Family Movies . ' 12 . Commission Presentations . 13 . Administration Section ' A. Memo from Jim Chaffee, 12/19/88 B. Memo from Gary Warren, 1/3/89 C. Letter to Chuck Schmidt, 1/5/89 **REMINDER - Please Call Lori at 937-1900 if You Are Unable to Attend the Meeting, Thank-you. I I AGENDA PUBLIC SAFETY COMMISSION THURSDAY, JAN 19 , 1989 , 7 :00 P.M. CITY HALL 1 . Call to order. 2. Roll Call . 3 . Approval of Minutes • 4 . Visitor Presentations 5 . Carver County Sheriff A) Deputy Dave Potts 6 . Chanhassen Fire Department A) Aerial Platform truck specifications and bid sheet 7 . Chanhassen Public Safety A) 1989 Goals ' B) The Role of Public Safety and the Police Issue 8 . Unfinished Business A) Alarms B) Stop Signs on W78th St at Laredo 9. New Business ' A) Appointment to Commission from the City Council B) Election of Public Safety Commission Chairman for 1989 1 ¢- II CITYOF II1 \ lili CHANHASSEN II k 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 January 5, 1989 I 1 Mr. Willard Halver 470 Flying Cloud Drive Chaska, MN 55318 IDear Willard: II received your letter yesterday and I would like to address some of the concerns that you brought out. While it is true that we • do not have an over abundance of law enforcement personnel covering the City of Chanhassen, we strive to do the best job we 1 possibly can. You have stated that the only way you see a police car down where you live is when they receive a call . I would not disagree with your assessment; however, I feel that you would 1 find it to be the case in most of the residential neighborhoods in Chanhassen. Because of our limited resources in the area of law enforcement, we find that the deputies we do employ are spending a lot of time on a reactive basis rather than a proac- I tive basis. This means that they are answering complaint calls and have less time left to work on preventative patrol . I One of the primary responsibilities of an alarm system is to notify the police when there is a problem. I think you would recognize that having an alarm system is in a small way freeing I up some of the law enforcement resources that we do employ. A hypothetical example would be for instance a bank. A bank could spend the resources to employ a full-time guard around the clock and thereby not have to install a burglar alarm. However, the I cost of a burglar alarm is agreeably much cheaper than employing a full-time guard. In the case of a City law enforcement agency , an alarm system would then free up a police officer to do preven- 1 tative patrol or answer calls rather than spending all of his time in one particular location. , I Strictly from a public safety standpoint, I would agree with your assessment that the City should have more law enforcement. However, there are within City Hall competing agencies for a limited amount of resources, i .e. money. The job of allocating I those resources amongst the various departments falls upon the City Council , who are then forced to make specific allocations to each department. In other words, there is only so much pie to go I 1 r Mr. Willard Halver January 5 , 1989 II Page 2 around and public safety gets its share. I would like to add II that the only department within the City organization that -receives more funding from a budgetary standpoint than Public II Safety is the Public Works Department. Willard, we will do our best to see to it that your area is patrolled more frequently than you are suggesting it is now. I I will ask the deputies serving the City of Chanhassen to keep an eye out on your property as frequently as practical . I would also welcome the opportunity to meet with you and discuss the II alarm ordinance with you in more detail . I think you will find that it is not overly restrictive or prohibitive and is just a tool whereby we may assist all alarm users. The intent of the ordinance is to help prevent false alarms and not to penalize anyone who makes a concerted effort to abide by the ordinance. I find nothing in our records that would indicate you have experienced an alarm problem in your area, and as I stated we I will certainly do everything we can to help make this community and your neighborhood as safe as we possibly can. Please let me know if you wish to meet to discuss this further or II just to have lunch and chat. Sincerely, I j . as.L. 1 UT12aZyr Director I JC:ktm cc: Don Ashworth, City Manager II r r r I r r 1 JAN 0 3 1989 CITY.OF CHANHASSEN • • //a r 44) Cc- at.yc' ceo 011 C71-0-1, TT 06-4- 1 6-Pk- -4r-e4d 62-q_LD COC-1-1 / I eeet-,42.- - ge-ei • 6tg-c-td-7110-u.,74-(7-t. 74-4-tv _ d.427, 13-1-r/L-3 ao _ LI _11 1 I -a531 LTTi V?) 401, 6 r P I - - I , I 1 I I v 64 iiauy ea-.49 -Z_4"Aa2 • II ,11., 7 ,,a-) ' I I ..„g4)-keii 1 I I _l_ ‘?. -4 -'- -__Liz-- --•`- -- -- ----- .7:C-‘--Y j I - - / I __ /,c: -e,__,_, 4__ --?-Z • -__ -44___ __:7- I II I ,. .e2t7:tc '7 e f 1 ,- 4_ __"4.4.> 1 ' , I I ' I I __ I . °- _._,...,_.-Z__."_. 0-1-‘2\, _._,-_.C.,--_-=_e\___/---7-4--6 f13:_lee"--,',- -e-:.---..z- ______seep_______42_44....). .....e_ieri_c_c_4„..._"/ ....,,..4___. _47_,,4-,,,_-- *." - ,...4e2, /if OP -‘47,1 ,.." 1 -1 ----- ,..4et_Jf 3---)-zf..en, _ct.." .:1,,, --1.4_e_r..,,,_: oi_c_g......)--- 4„ / a` etZe_t_7104-4 N „...■ed 0 k 1 4 .......05,4 1 Z2 0 ,..,.ey"e:5 t..,ell .77/..ex___:7-7-„e4,...V, ::a...e,eet.„--_ ,,......c....„` ----- --: 't . S _ Jz-1-4,74- - ,,r-t..a..,...._..,,,4- -i.,-..,‘-___2i,L.,- - I . Z 0 04......., / HI e4e'r."31 ..,..0/14'''4 --.- . . 1. .. .-_°��~' ^ _�~, _-----_ '- -_- _ '-- -_ '__- --'_'--_ __-_'_--___ - --_-.- __-_�� _-_' '-'_ _ - --_--- -'_-_--- __-_- _-- '-__--- . . _-__-_ ___________ _ ���-------1' I CITY OF 1 . L t 1 \ Q , _., ..„. . f '1' v - I .f'7: • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 ' January 5 , 1989 IILetter to the Editor: I read this past week' s edition of the Villager regarding I "convenience centers" with interest. A decision to establish a moratorium is a decision of the City Council after hearing pros and cons of such. Accordingly, I will not address that issue. I However, the end of the article would lead a reader to believe that a potential serious pollution problem exists on the site. I know of no facts to sustain that position. Specifically, it was the City who noticed the aroma of gasoline during underground I pipe installation in front of Brown' s Standard during the summer of 1987. This was immediately reported to the Minnesota Pollution Control authority. After their review and analysis, a I determination was made that the smell reported by the City was probably created by a minor spillage of gasoline. The MPCA felt that the spill was so minor that they did not require any of the soils to be removed, nor did they suggest an interest in further Itesting. The City places the highest priority on protecting our environ- ' ment. Whenever demolition and reconstruction is occurring, the City carefully investigates for sources of contamination. Both the City and the MPCA would be interested in investigating for I unknown leakage or soil contamination if construction should occur at Brown' s or other service stations . The public should be clearly informed that at this time there is I no known serious tank leakage or soil contamination at the Amoco site. ISincerely, CITY OF CHANHASSEN , IIf: ( i. D I Don Ashworth City Manager DA:k II CITY OF , CHANHASSEN ` \ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 January 5, 1989 1 Mrs. Geri Iekaas 2763 Ches Mar Farm Road Excelsior, MN 55331 Dear Mrs. Iekaas: 1 I had asked Scott Harr to respond to your previous letter and was happy to receive a copy of that December 21st response. It would appear as though Mr. Harr addressed most of the points brought out in your inquiry. The remaining issue appears to be one of notification regarding the potential replatting of the property. With both Barbara Dacy and Jo Ann Olsen currently being away from the Planning Department, I have taken the liberty to respond to that point myself. Without being present during the Planning Commission consideration, I must rely upon the planning files for information presented. Notification to property owners is of primary importance to the City. To insure that we do not potentially miss a property owner, we require the owner to employ a private firm specializing in property ownership to provide a list of all adjacent owners . Attached please find a copy of the listing as we received such from Carver County Abstract and Title Co,noany. Please note that your name is not sho,in. Following your jr.esence at the Planning Commission/City Council meetings , your name has been added to our official mailing list ( I cannot tell from which of two it was added) . There is a note in the file stressing the necessity to send out notices of any additional meetings . However, there has been nothing to notify you of. Specifically, the City Council sent the Planned Unit Development back to the Planning Commission with the instructions that the applicant was to modify the replat to address concerns raised at both the Planning Commission and City Council. Attached please find a copy of the letter prepared by Jo Ann Olsen to the applicant notifying him of the information which would have to be provided before the item could be re- presented to the Planning Commission. We have received no response from the applicant to that letter. I am aware of the fact that you have called members of the Planning Department questioning when this item would re-appear before the Planning Commission. Please understand that the response given to you that "no date has been set for reconsideration" was not made to 1 1 .. Mrs . Geri Iekaas January 5 , 1989 Page 2 keep you in the dark, but was a sincere response in that we have no knowledge as to whether the applicant will resubmit the item. Compounding the problem is the fact that the applicant was at a preliminary stage, i .e. a Planned Unit Development Concept Plan. Since no approvals were given, there can be no "voided" date for ' something never approved. Again, the City has modified its records to show your name and address should the applicant wish to resubmit the item to the Planning Commission. Thank you for your inquiry. Sincerely, OP/ VI ' Don Ashworth City Manager ' DA:k Enclosures 1 1 L : CITY OF N cHANEAssEN 690 COULTER DRIVE• P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 12 , 1988 I Mr. Brad Johnson ' Lotus Realty P.O. Box 100 Chanhassen, MN 55317 Re: 88-1 PUD Dear-Mr-.- Johnson: This is to confirm that on July 11, 1988 , the City Council moved to table action on your PUD Concept plan for Ches Mar Farm. The Council tabled action until staff and the Planning Commission could review the new plan submitted at the July 11, 1988 , City Council meeting. The City Council also commented that the sewer and water issues would have to be fully addressed, that they want the density and a 21 acre minimum lot size maintained, and would also like to see future plans for the outlot ( i .e. recreational beachlot) . There is a wetland adjacent to Lake Minnewashta. Any improvements to the outlot within 200 feet of the wetland will require a wetland alteration permit. For staff and the Planning Commission to review the new plan, you must submit 25 copies of the plan by the next application deadline. The next deadline date is July 25 , 1988 , for Planning Commission review on August 17 , 1988 , and City Council review on September 12 , 1988. You may proceed with the concept plan and preliminary plat simultaneously. I have attached information on requirements for a preliminary plat. Four soil borings and two septic sites per lot would be required. Should you have any questions , please feel free to contact me. Sincerely, Jo Ann Olsen Assistant City Planner ' JO:v CARVER T COUN Y A irSTRACT AND TITLE CCU. INC CARVER COUNTY P.O.BOX 106,121 WEST 4TH STREET,CHASKA,MINN.55318 (612)448-5570 ABSTRACT&TITLE Dale B. Kutter David E.Moonen April 25, 1988 Lotus Realty Attn: Brad ' P.O. Box 100 Chanhassen, MN 55317 ' According to the 1988 Tax Books in the Carver County Treasurers Office the following persons are listed as owners of the property which lies within 500 feet of the following described property: SEE EXHIBIT "A" ATTACHED 1. Mpls. Council of Campfire Girls P 6. Dean & Jacqueline Simpson 640 E. Grant 7185 Hazeltine Blvd. ' Minneapolis, MN 55404 Excelsior, MN 55331 2. Carver County 7. John & Frances Dassett -no address- c/o Val Wirtz ' 19380 Hwy. 7 Excelsior, MN 55331 3. Ches-Mar Realty Co. 4300 Baker Road Minnetonka, MN 55343 8. Ruth Rosen P.O. Box 114 Excelsior, MN 55331 4. Frederick & J. Kellogg 7100 Ches Mar Dr. ' Excelsior, MN 55331 9. Donald & Betty Lou Roy 7205 Hazeltine Blvd. Excelsior, MN 55331 ' S. William D. & B. Johnson 7060 Ches Mar Dr. Excelsior, MN 55331 ( ( r r 10. David R. Weathers & ' Karen Edelmann 7235 Hazeltine Blvd. Excelsior, MN 55331 1 11. Timothy J. & Ann S. Oas 7305 Hazeltine Blvd. Excelsior, MN 55331 12. William M. Turner 3501 Shore Drive Excelsior, MN 55331 • r 13. Duane E. & M. Johnson Box 102 Chaska, MN 55318 r Carver County Abstract itle Co. , Inc. LRP:nls This company does not assume any liability for the accuracy of this report. ' • I I i I , LLc;AL ULSCIt1P;( That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of East, along the south line of said Northeast ' Quarter of the Northwest Quarter, a distance of 625.00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 feet; thence South .69 degrees 20 minutes 00 seconds East ' a distance of 315.00 feet; thence South 78 degrees 20 minutes 00 seconds East to the easterly right-of-way line of Old Highway No. 12; thence southerly, along said easterly right- of-way line, to the intersection with a line which bears South 66 degrees 20 minutes 00 seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginning. Those parts of the Northeast Quarter of the Northwest Quarter ' of the Northwest Quarter of the Northeast Quarter of Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quartet of the Northwest Quarter of said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a .distance of 625.00 feet; thence North, 23 degrees 00 minutes 00 seconds East a distance ' of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence South 66 degrees 20 minutes 00 seconds East to the easterly right-of-way line of Old Highway 12; thence southerly, along said easterly right-of-way line, to the southerly line of said Northwest Quarter of the Northeast Quarter; thence westerly, 'along said southerly line, to the southeast corner of said ' Northeast Quarter of the Northwest Quarter; thence on .. bearing of West , along the southerly line of said Northeast Quarter of the Northwest Quarter to a point thereon distant 625.00 feet easterly from the southwest cornet of said Northeast Quarter of the Northwest Quarter; thence North 23 degrees 00 minutes 00 seconds East a distance of 351 .00 feet; thence on a bearing of East, parallel with the southerly line of said Northeast Quarter of the Northwest Quarter, to the intersection with a line which bears South 23 degrees 40 minutes 00 seconds West from the point of beginning; thence North 23 degrees 40 minutes 00 seconds East to the point of begining. The South 185.00 feet of Government Lot 1 and that pail of the South 185.00 feet of the Northeast Quartet of the Notthwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said line there terminating. ' That part of Government Lot 1 , Section 9, Township 116 North, Range 23 West, of the Sth Pt tncipal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel with the west line of the Northwest Quartet of said Section 9 and which lies southerly of a line 680.00 feet ' northerly of, measured at a tight angle to and parallel wi11i the south line of said Government Lot 1 . EXCEPT the South 185.00 feet thereof. EXHIBIT"A,PAGE a_PAGES EXHIBIT "A" CONTINUED ON NEXT PAGE GE OF ENTRY._.__.... - ( C 1 II EXHIBIT "A" CONTINUED 1 - Those parts of the Northeast Quarter of the Northwest Quarter and of the w Q Q Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian 1 described as follows; . Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a I distance of 625.00 feet, to the point of beginning of the land to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes a distance of 950.00 feet; thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110.00 feet: thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the easterly right-of-way line I of Old Highway No. 12; thence southerly, along said easterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point of beginning. 1 . • 1 II II 1 II I .-- II II WM EXHIBIT" "PAGE OF PATS ENTRY II I FUTURE AGENDA ITEMS Memo from Fred Hoisington re: Private Railroad Crossing for Apple Valley Red-E-Mix dated November 23 , 1988 . Memo from BRW re: Project Schedule for Lake Drive/TH 101 dated December 15, 1988 . Letter to Hennepin County Commissioner John Derus re: State Trunk Highway 101 Improvements/Extension of Chanhassen TIF District ' dated December 15 , 1988 . Letter to Lutheran Church of the Living Christ re: TH 101/Lake ' Drive Assessments dated December 19, 1988 . Memo re: Gopher State One Call Invoices dated December 15, 1988. Letter from Government Training Service re: a Retreat Received December 13 , 1988 . Letter to Fred Hoisington re: Traffic Study on TH 101, West 78th Street, Powers Blvd. , and Highway 5 dated January 3 , 1989 . Letter to BRW re: West 78th Street/Laredo Drive Stop Signs dated December 30, 1988 . Letter to Guy Peterson re: Site Plan Application and Variance Request dated December 23, 1988 . Information from Lori Sietsema re: Boats and- Waterways dated December 29, 19.89. I 1 1 I I 1 IHoisington Group Inc. I `l'Q_a.';s. . /0/ ) Land Use Consultants MEMO I To: Donald Ashworth and Donald Ringrose I From: Fred Hoisington, Consultant Subject: Meeting with Loren Sultze, Public Contact Engineer, Soo Line Railroad Company on 11-18-88 IDate: 11 -23-88 II met with Loren on the prospect for a private railroad crossing to serve Apple Valley Ready-Mix. Loren indicated that we would have I to execute a private crossing permit and that the permittee would have to be willing to commit to pay all maintenance and construction costs associated with the improvement. He also indicated that there Iwould be a requirement for $1,500,000 comprehensive liability insurance coverage naming the Soo Line on the insurance as the iinsured. Loren went on to explain that it would require a private crossing I agreement between the railroad and the permittee, whoever that happens to be He indicated that the crossing would have to be approved by the Engineering and Transportation Department, that it I would be approximately 24 feet in width, blacktoped and would cost in the area of $10,000. II asked if these kinds of crossings were approved frequently and Loren indicated that they are. I asked if signals would be required Iand he indicated that they would not be required. Loren did indicate that the size of Ready-Mix vehicles would be of I concern and that it would be his feeling that his operating people may turn down the request on the basis of the size and relatively slow speed of the vehicles. On the other hand, he indicated they Icould require a higher amount of insurance to reflect the nature of the vehicles using the crossing. II asked if the Taco Shop might also be allowed to use the crossing and Loren indicated that it would in all probability. He went on to I explain that the union requires the Soo Line to design/build the crossing but that the grading and drainage can be done by the permit :., holder. ;.,,;.,; ;_;. .if I .. 7300 Metro Blvd. Suite 525 Edina,MN 55435 ;,. (612)835-9960 I explained early in the meeting that the Soo Line previously favored a railroad crossing that would penetrate the four-way intersection of TH 101 and West 78th Street. Loren indicated that he was surprised ' that they would have approved such a concept given the peculiar angle of the crossing of West 78th Street with the railroad tracks. He went on to say that this would probably require a hearing before the Minnesota Regulatory Board unless we can reach agreement in advance of such hearing that the improvement should be made accordingly. His primary concern is the angle of approach. I left the plan with Loren showing the proposed West 78th Street/TH101 crossing and the private crossing and asked how soon it would be before the Soo Line could respond with regard to whether it would likely approve or deny a permit for these crossings. ' He indicated that within 2-3 weeks they could give us a preliminary assessment of the chances of approval. 1 1 F:4.,- qS, I�.r, ' Cc pex.,it - /11..,a- 11 rJ , }` o- PLANNING W'S _.��,c ,,. 9 '_� av.= TRANSPORTATION y ' ' t i,: ENGINEERING `+- ARCHITECTURE IBENNETT RINGROSE, WOLSFELD, JARVIS, GARDNER. INC. THRESHER SQUARE 700 THIRD ST SO. MINNEAPOLIS, MN 55415 • PH: 612/370-0700 FAX. 612/370-1378 I -�.-,,i !-:•- ,.::x;.', s .•_ ;�'{ <..?;�fz' ,,,..,t;'t �- <?PVi r „?E'rL. ,.�.a - 4 , : MEMORANDUM 3 • 1 IDATE: December 15, 1988 Cary Wa.rrw - -z w;A/ ci,ssa..... '' TO: Mr. Don Ashworth ¢:GK/�, ryl>��h. �e ,� - FROM: Gary A. Ehret sc���w1� BRW 4 RE: Project Schedule 4-- --- 1 Lake Drive/TH 101 i1 ' Based upon my meeting with Mr. Ernie Echols, the Rosemount representative, on , I i 12/12/88, the following schedule represents the commitments necessary to accom- modate a 12/15/89 occupancy date for Rosemount. a o Authorize Plans and Specs 12/12/88 I ; o Approve Plans and Specs/Authorize Bids 4/10/89 o Receive Bids 5/05/89 i 1 o Award Contract 5/15/89 o Construction Start 6/01/89 ' 1 o Complete Utilities 10/01/89 o Complete Streets thru 1st Lift 12/01/89 of Asphalt and Streetlights o Complete Landscaping and Wear Course 6/01/90 There may be a minor amount of flexibility in this schedule, but not much. BRW ;I is proceeding with plans and specifications immediately based upon this sche- i F; dule. s i , 11 Let me know if I am in error. ` GAE/sk y cc: Fred Hoisington Gary Warren Don Ringrose I i DEC 1 9 1988 ,. CI I-Y OF CHAN1 IASSLA ; .` `=+, aL ;v u7:4•∎ :-i41`v�'S; .,,,, - x.._., fi#K '.r ».-r -',c" . . . u•'„.1>{ti. 4-4-,_ w.q* .f:,''` i..,••04.t. ,l'",•••-4' P•••• MINNEAPOLIS ST PETERSBURG DENVER TUCSON PHOENIX I CITY OF A, CHANHASSEN „. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 15 , 1988 1 1 Commissioner John Derus Hennepin County Board A-2400 Government Center Minneapolis , MN 55487 Re: State Trunk Highway 101 Improvements/Extension of Chanhassen TIF District ' Dear Commissioner Derus: 1 I would first like to apologize for not having gotten back to you sooner regarding Highway 101 improvements and the City' s proposal to extend its Economic Development TIF District which lies in Hennepin County. While it has been approximately two months since you, Becky, Bob and I have talked, we have not been sitting idly. We have gone through an extensive process of evaluating alternative alignments and have completed the project feasibility 1 study in line with your suggestions for an equitable sharing of costs between the City, MnDOT and Hennepin County' s TIF funds . Because the City' s Economic Development District expires in 1989 , 1 we would, of course, like to present our proposal for the exten- sion of the District to the 1989 Legislature. We would like to extend the District by three years beginning in 1990 . This will ' generate revenues of approximately $2 ,000 ,000 to be used ex- clusively for TH 101 improvements. This represents approximately 40% of the total project cost. To provide justification for an equitable distribution of costs , we have asked BRW to study the utilization of Highway 101 by Hennepin County and Carver County residents to establish bene- fits . While I had hoped the study results would be available to accompany this letter, we find that the BRW study will be completed on or about December 20. As soon as it is finished, we ' will forward that report, along with a copy of the TH 101 Feasibility Study, to your office for review. 1 If you have questions in the meantime, please feel free to con- tact me. After you have had a chance to review the documentation, 1 r Commissioner Derus December 15 , 1988 Page 2 I will be happy to meet with you and other Hennepin County offi- cials at your convenience to further discuss our proposal . Any suggestions you might have would also be most appreciated. ' Sincerely, /01-1 LOOL55t) Don Ashworth ' City Manager DA:k 1 r 1 I PLANNING ;7 TRANSPORTATION / ENGINEERING 1 A-,1 ?• 3 ARCHITECTURE IBENNETT. RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. •THRESHER SQUARE • 700 THIRD ST SO. • MINNEAPOLIS, MN 55415 • PH: 612/370-0700 FAX. 612/370-1378 I December 19, 1988 I Lutheran Church of the Living Christ Box 340 Chanhassen, Minnesota 55317 IAttn: Mr. James Dauwalter Church President RE: TH 101/Lake Drive Assessments Dear Mr. Dauwalter: IAs you are aware, the above-referenced project had a public hearing Monday, December 12, 1988, which concluded with City Council action to order preparation 11 of plans and specifications. However, there is considerable concern on the part of the City Council and City staff that we continue to work with the church and the developers (Opus/Rosemount) to ensure that a fair and equitable agreement is reached regarding the church assessments. ' In that regard, we continue to explore options/opportunities, in particular, with the Opus/Rosemount representatives. We are attempting to arrange a meeting :' - with these representatives the week of December 19, 1988, or early the week of December 26, 1988. After an initial meeting between City staff and the Opus representatives, we Iwould like to meet with you and other representatives of the church. Obviously, with the Christmas holidays, scheduling may be a little difficult, I but our hope is that we can meet late the week of December 26, 1988, or immediately after the first of the year. 'I I DEC 2 1 1988 I (AO' OF CHANFIASSE.N I DAVID J.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 D.PILGRIM DALE N.BECKMANN DENNIS J.SUTLIFF MINNEAPOLIS ST.PETERSBURG DENVER TUCSON PHOENIX •' Mr. James Dauwalter December 19, 1988 Page 2 Since your schedule and the schedules of the other church representatives are the most difficult to work around, we will attempt to remain as flexible as we can. Please contact Mr. Gary Warren at 937-1900 or me at 370-0700 to discuss possible meeting dates as soon as your schedule allows. Happy Holidays to You. Sincerely, B -RINGROSE- L RVIS-GARDNER, INC. ry A. E et, PE Project Manager GAE/ss Mr. Don Ashworth s0000°° Mr. Gary Warren Mr. Fred Hoisington Mr. Don Ringrose 1 1 • CITY of ‘, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Scott Harr, Assistant Public Safety Director FROM: Don Ashworth, City Manager DATE: December 15 , 1988 ' SUBJ: Gopher State One Call Invoices I would ask that you obtain a listing of the Gopher State One Call charges which have been billed to nur City since that ser- vice was initiated this summer. The billings appear to be quite ' excessive. I would like to receive your comments regarding these charges . Specifically, are other cities in our area also receiving charges to the same level as currently being billed to ' our City? Have or will they be objecting? Has any organized effort been created through either the League of Cities , Association of Municipalities , or cities individually to contact either the State or our State legislators regarding what appears ' to be a totally unreasonable billing process . I would also ask that you attempt to verify the number of bills which are being sent to Chanhassen because we have faxing capabilities and other ' cities in our area do not. Finally, would you meet with our inspection department to determine how the City may be able to re-coop monies being paid to Gopher State, i .e. list each ' of the different types of permits requiring One Call service, their approximate percent of the total, and the amount of increase that would have to occur in that type of permit if the City were to attempt to make itself whole. ' Although the above work list appears excessive, I am hopeful that most of it can be completed through a minimal number of phone calls and minimal research by yourself . 1 • I r I ' I I I I , . QA2A--'7 " 1 I I QU'R IlMiG UN I GOPHER STATE ONE-CALL, INC. DATE C/O One Call Concepts, Inc. DECEMBER 04, 1988 I 14504 Greenview Dr. Suite 300 ACCOUNT NUMBER LAUREL, MARYLAND 20708 YY1708 1 (301) 776-0202 INVOICE 1188060 II CITY OF CHANHASSEN CCHNSNO1 690 COULTER DRIVE BOX , CHANHASSEN MN 55317 ATTN: TOM HAMILTON ' II MAYOR AMOUNT ENCLOSED$ ammum - RETURN THIS PORTION WITH PAYMENT __ 77,,TOATE777: -.: 77,17gLANES.:AtiD7dFMDRS.7779'...,..,,,......................aamianualikral.agliweatawage.49,77 -__ — 7-1W5.5°!r 0–tit: Ati, II Total calls 218 Less: no locates required 65 Total billable @ S2.50 153 382.50 ti4=EMMI Voice only charge: 218 calls @ $1 .25 272.50 Post. :C and copies 3.45 Other: 0.00 I I FinanLe IM,Ale c • $ 0 overdue balance 0.00 1 Receiving application 0.00 I ONE ( Sales tax at 1% of all future pymts) 0.00 1 II TIME CShipPinq, handling, installation CHARGES & F,upport of receiving application) 0.00 ..6....=...., Total Due $ 658.45 i II PAY LAST AMOUNT : IN THIS COLUMN i D E C 0 9 1988 pgankcy I GOPHER STATE ONE-CALL, INC. r :Tv nr eNtJAKIl-A■CZI-AJ OW I : I . I I GOPHER STATE ONE-CALL BILLING I E I In reference to No Locates Required, the Board of 4= __ Directors of Gopher State One-Call, Inc. decided-./= II I. that the NLR' s should be mailed in to alleviate :_":47472 the crunch of calls at start up. Therefore, anyi;; NLR' s mailed towards the end of the month were I probably not credited on October' s statement , but .( will be on November' s statement . The billing cy- , cle will always run from the first (1st ) of the I statement month until the last day. of the state- :.. E ment month regardless of the day of the week those two days fall on. , IThe sales tax on any receiving application will all be paid to the State of Minnesota upon .collection. , The percentage ( 5% ) was incorrect , therefore we I will be charging an additional 1% on the November statement . I j Postage and copy charges are rebillable, as was agreed upon by One Call Concepts and Gopher State • One-Call. GSOC allowed OCC to be reimbursed for II any copying or postage done on behalf of individu- al Operators . Postage and copies done for Opera- tors at large is paid for by GSOC . i II I The voice only charge of $1. 25 will only remain in effect until the end of 1988 . The charge will ther i revert back to $2 . 50 , which is in addition to the 1 j $2 . 50 charge for each call you receive . C7 Any charge for attachments for your printer , if yot t are renting your receiving application , is a mis- 1 take . We apologize for the error and ask that you deduct it off your bill . 1 Use of FAX technology does not release a voice- =MOIL only Operator from paying the surcharge . I I `ii=" I } I Milwri =sir IGovernment Training Service -z74 I202et Minnesota Building _q—j; ,1' 46 East Fourth Street . Saint Paul, Minnesota 55101 / --, 2 —r° ��I 612/222-7409 I II IAfter the Election. . .Council Quick Start "We floundered as a Council for two years before we could operate as a real team with everyone going in the same I direction. I wish there were a quicker way to learn the decision making process. " ITHERE IS The short life cycle of a council makes the initial months I after an election a critical time to re-envision the future and set priorities. Effective councils find that meeting with a facilitator sometime during January through March is extremely valuable in laying a solid foundation for the next two years. IITalking informally in an out-of-the-office retreat setting • opens channels of communication and provides an opportunity to I exchange ideas and concerns without the constraint of a vote pending. Skilled facilitators from Government Training Service work with you to identify common concerns and design a seminar Ior workshop which suits your time and budget needs. A leadership retreat gives councils a chance to: I • Learn about each others ' goals, priorities and special concerns I • Work together better • Focus activity toward implementing successful and lasting change Call Mary Sabatke (612/222-7409 or toll free 800/652-9719) for Iinformation. I I DEC 1. 1988 CITY.OF CHANHASSLIN IIMember Organizations Association of Minnesota Counties Minnesota Association Minnesota Community Colleges League of Minnesota Cities of Regional Commissions State of Minnesota I Minnesota Association University of Minnesota of Townships I: CITY OF , a ..--� , ,.t IAw✓ TO w•'J CHANHASSE I \I 8); I �f. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 January 3 , 1989 IHoisington Group, Inc. Attn: Fred Hoisington I 7300 Metro Boulevard Suite 525 Edina, MN 55435 II Dear Fred: I am sending you the list of license plates that we collected on I December 13 , 1988. You will note that there are three lists with the first two noting the vehicles that would be either coming down south on Highway 101 and going west on west 78th I Street or coming off of westbound Highway 5 at the McDonald' s to go west on West 78th Street. The third list is the number of vehicles at the west end of west 78th Street at Powers Boulevard. We did not note the license plates of the vehicles that were I making a right turn to go north on Powers Boulevard; however, we were noting all license plate numbers of the vehicles that were making the left turn at the stop sign to go south on Powers I Boulevard. We did not distinguish between the vehicles that would go straight across on Powers Boulevard or would make the right-hand turn to go west on Highway 5 . My reasoning was that the intent was the same to avoid Highway 5 and utilize West 78th IStreet as a substitute. You will also note that on the first list of vehicles on south I Highway 101 we counted a total of 554 that would proceed west on West 78th Street. The second list recorded vehicles coming off of westbound Highway 5 going onto westbound West 78th Street and I we counted 540 . The total of all vehicles from both southbound 101 and westbound 5 traversing west on West 78th Street totalled 1 ,094 . Of the 1 ,094 vehicles counted, 128 were matched as poten- tially bypassing State Highway 5 and utilizing West 78th Street. II have included the list for you with the highlighted matches noted. Just as a point of information, some of the license I plates may be one letter off , but we included it if the letter was a type of letter that is commonly confused with others; for example, M is commonly confused with K, Y is commonly confused Iwith K, 8 is commonly confused with 0 , and so on . We did this II Mr. Fred Hoisington , January 3 , 1989 Page 2 1 only if it was one letter difference. We feel reasonably comfort- able that it was a recording mistake and the license plates will match. I hope this is the information that you were looking for and should you need any further information please let me know. 1 Sincerely, Jim Chaffee Public Safety Director JC:ktm 1 Encs. cc: Don Ashworth, City Manager ' 1 1 _ 1 1 I I TRAFFIC COUNT — 12/13/88 ALPHABETICAL LICENSE PLATE LISTING POWERS BOULEVARD & WEST 78TH STREET SOUTHBOUND TRAFFIC I ACZ 290 LCN 747 MYW 024 NYA 821 REG 806 BCB 865 LCN 800 MZB 451 NZD 579 RER 664 BHG 049 LCN 961 MZS 305 NZD 579 RFB 023 I BMW 656 :. so/ LCT 777 MZS 485 PAN 513 RFG 435 BXS 992 LCU 057 MZS 826 PAN 583 RGF 548 CBZ 553 St '*r LCU 073 NAC 405 PAX 947 RGK 942 CIJ 393 LFF 745 NCB 858 PBR 913 RGM 670 I CJA 259 5C, '" LJB 614 NCU 689 PCH 361 RGS 164 CJL 016 ` . "r LJD 346 NDB 316 PCJ 685 RGS 807 CLH 220 LMN 613 NDZ 446 PDE 253 RHH 073 I CMF 967 CMJ 975 LNW 979 NEU 773 PDP 520 RHH 148 LOF 369 NFD 966 PDY 179 RHK 857 CMK 236 St. for LOR 464 NFR 323 PFD 365 RIS 267 I CNN 632 COB 783 LOU 670 NFY 933 PFE 932 RIW 043 LRM 061 NGU 474 PFF 520 RIW 137 CRD 826 w6•- LTY 212 NHA 533 PFL 662 RIW 283 CRS 075 LUS 947 NHA 983 PFS 784 RIY 431 I CTW 577wsr LVX 886 NHJ 186 PID 254 RIY 563 Cw8071 LYF 320 NIF 400 PID 481 RJA 131 CZN 646 LZB 516 NI3 278 PIJ 671 RJK 023 I CZV 524 MCW 270 NIX 716 PJ 507 RJM 583 DCM 637 MCX 139 NIZ 339 PJP 910 RJZ 882 DDL 718 s. MDX 501 NJH 885 PKC 667 RKH 924 I DMB 358 MER 728 NKK 427 PKD 634 RKW 117 DOV 594 MFU 548 NLF 083 PKE 028 RLZ 133 DVN 498 MFV 768 NLK 426 PKK 972 SHERIFF DWB 909 MGF 269 NMB 259 PKL 345 TAA 826 I DYL 292 MGM 843 NNH 007 PKS 498 VP1338 EDE 047 MGR 783 NNR 443 PKT 623 WDOFDS EEJ 207 MGU 576 NNS 155 PKU 848 X10950 I EGB 667 MHY 169 NNT 975 PKV 561 YF81613 EMF 187 MIP 040 NNZ 639 PKY 170 YU34329 ENG 101 MIX 609 NOHEF PLN 181 YU76188 EPN 550 MIX 881 NOK 871 PLN 658 ZD2752 1 EQA 634 MJC 524 NOT 825 PLP 972 017 ATG 343 MJK 021 NQC 607 PMF 668 021 ATG EWG 751 MJN 286 NQC 616 PMF 841 026 BUG I EXJ 896 MJN 684 NQN 661 PMN 606 040 EWT EYW 493 MK 174 NQU 897 PMX 816 045 APF EZV 373 MKV 052 NTF 059 PNK 563 045 CAF 1 FAN 189 MIA? 237 NTG 404 POH 801 047 CAT FAV 176 MMF 882 NTJ 103 RBL 273 054 AZG FBJ 724 iMZ 504 NTL 537 RBR 738 071 CYH FB62295 MPH 618 NTN 823 RBS 710 082 DTY I FCB 019 MPL 40 Z NTN 823 RBZ 799 086 A'rF EKE 291 MP 546 NTU 923 RCC 832 089 CRE FKF 301 MTC1054 NTV 503 RCH 969 100 AZD I FLM 932 MrC1312 NVW 591 RCR 965 105366 FNB 868 MTM 967 NVW 757 RCT 360 110 AZG FNU 803 MUA 658 NXA 553 RCX 285 117779 HE745 MVT 298 NXF 914 RCX 638 117779 Q/ ILBK 437 MVT 510 NXX 606 REG 524 121 BYP TRAFFIC COUNT - 12/13/88 II ALPHABETICAL LICENSE PLATE LISTING - PAGE 2 POWERS BOULEVARD & WEST 78TH STREET SOUTHBOUND TRAFFIC 131 584 575 CYX 963 CAR II 140 CAT 588 AJL 974 CAF 147 LOP 539 AQR 976 CAR 152 DBP 633 CIC 992 BNK II 157 BTP 641 AZF 994 CAR 162 CFF 645 BUN 7 : ; 172 AAP 647 DAS 18800 651 BMX II 203 CYX 654 DOE 205 BCX 659 BCW 213 BCW 663 CTR II 218 CAS 664 ATG 220 BSH 664 CZH 50,4Th oc4�,A Pi 223 BOD 672 CFV I 224 DBP 677 BYM 230 ATG 679 BYK 1,,,.a&r[3;,u,,.4 S 231 CAF 680 CFA 243 BUR 691 AOT II 256 CAI 695 AKT 25873 710 CRA 282 CZF 711 CIT II 294 CFF 715 AQM 315 CTH 727 BBA ' 327 AZG 728 ECV II 343 BUR 730 CZM 348 CUF 741 BCW 359 DDN 742 CAX 360 BTT 764 AKR II 363 DKS 764 BTU 363 DKS 772 BCV 374 CAS 783 ATF 11 383 QAS 786 CMD 384 CZC 807 CTU 385 BTT 308 ATE 401 ATF 818 AKP II 401 CSU 820 CAR 408 CZX 821 CZF 409 ATG 8212356 II 435 AWP 855 CTP 445 BUL 856 AFZ 449 DZW 857 CAF II 456 AGY 859 DXE 458 AZF 871 DFH 485 AFX 884 AAN 497 BDN 9PLUF1 II 505 AZE 908 CTJ 509 DBL 943 CTL 517 CIZ 947 CAR II 518 DUL 950 537 BIT 955 ATG 537 DTV 955 BCM Th 549 CYH 956 BZF .? • I 2 II I. I TRAFFIC COUNT - 12/13/88 ALPHABETICAL LICENSE PLATE LISTING SOUTH ON HIGHWAY 101 , MAKING RIGHT TURN INTO CHANHASSEN I ??3 t3YP EIT 384 LQC 711 MWE 547 NPN 668 AAB 714 EMJ 798 LRA 685 MZJ 708 NQC 361 ABF 295 EMS 187 LRM 061 MZS 305 NQC 607 I ADW 645 EMS 665 LRW 874 MZS 480 NQF 217 AF? 576 EMW 719 LSB 586 NAA 626 NQM 352 AHZ 342 ENG 101 LUB 860 NBT 345 NQP 966 I ARJ 335 ENG 751 LUU 958 NCB 850 NRA 521 AWL 862 ENW 371 LUV 424 NCJ 073 NRD 388 BBZ 361 EPN 550 LVW 088 NCU 689 NRZ 288 BGB 492 EPP 776 LVX 868 NCY 245 NSP 121 I BGW 975 EQA 634 LYS 165 NCY 246 NSR 323 BIA 912 ESS 325 LYU 272 NCZ 682 NSZ 971 BLA 965 EUK 343 LYX 699 NDK 871 NTC 998 I BNH 362 EVV 373 LZB 424 NEF 994 NEM 702 NTH 530 BNW 656 EZA 565 LZR 517 NTU 923 BOV 594 EZA 982 MAW 186 NER 475 NTV 634 BPN 315 FBB 019 MBC 356 NET 733 NTZ 192 I BSA 1211 FBG 807 MDF 991 NFL 006 NVS 298 BYZ 578 FCB 295 MEN 164 NFY 933 NVW 591 CBZ 553 FCD 518 MER 726 NGN 843 NVW 757 I CCV 275 FDA 316 MFG 047 NGO 498 NHA 983 NWB 687 CDH 783 FDB 143 MFH 771 NXG 301 CJA 259 FGC 141 MFJ 704 NHP 954 NXH 442 I CJL 016 FKG 063 MFR 975 NHS 344 NXM 389 CLJ 664 FKS 301 MFU 548 NHT 139 NXN 201 CMH 613 FLE 814 MFU 922 NHV 105 NX3 914 CMK 236 FLC 417 i4GH 659 NHW 285 NYA 821 I CNT 048 FLH 100 MGM 486 NIX 011 NYB 265 CRD 333 FLV 821 MGR 783 NIZ 302 NYD 494 CRE 192 FML 590 MGU 239 NIZ 339 NYR 288 I CRE 296 FNB 868 MHll 723 NJC 923 NJF 180 NYR 290 CVF 597 FNU 870 MHV 887 NYS 760 DDL 718 HALLIE MHX 683 NJJ 945 NYX 238 DIN 801 KC? 380 MHY 169 NJZ 131 NZD 003 I DIP 539 LAE 464 MIB 416 NKV 469 NZT 586 DLT 201 LBJ 393 MIP 040 NLD 112 OKZ 412 DMB 358 LBK 437 MIP 485 NLE 786 PAN 513 I DOA 515 LBN 648 MJT 591 NLF 083 NLH 068 PAN 583 DOW 527 LBV 912 MOD 132 PAX 057 DUZ 814 LCB 285 MPH 618 NLH 529 PAX 572 I DVN 498 LCN 800 MPM 967 NLK 253 PBN 543 DWB 909 LCU 073 MPR 851 NLK 426 PBP 520 DWL 214 LDC 200 MQF 643 NLN 565 PDP 349 DWX 563 LDC 580 MQG 970 NLP 232 PED 477 I DYL 322 LDE 657 MQU 897 NLT 420 PEL 154 D12227 LDE 887 MRE 924 NLT 537 PER 639 D19813 LEF 477 MRP 723 NMB 259 PET 668 I D69111 LIL 113 MSL 401 NML 564 NMZ 313 PET 900 EBT 245 LJB 614 MVB 494 PFD 325 ECL 790 LKU 570 MVN 956 NMZ 497 PFE 519 I EFN 685 LKW 984 MVT 023 NNU 094 PFP 888 EGW 378 LLR 315 MVT 518 NOHFE PFT 610 II ., TRAFFIC COUNT - 12/13/88 II ALPHABETICAL LICENSE PLATE LISTING - PAGE 2 SOUTH ON HIGHWAY 101 , MAKING RIGHT TURN INTO CHANHASSEN PHL 731 RCX 285 082 STY 360 BZY 606 ATF I PHY 379 RCX 638 087 BUP 332 BUN 619 CGB PHZ 083 RDL 793 093 CKB 385 BTP 622 BZG PIB 254 RDY 665 098 BSG 389 CFU 622 DCD I PIC 888 REZ 071 105366 390 DEP 623 DFW PIJ 574 RFB 758 110 AZG 402 BXJ 633 BZZ PIJ 664 RFG 435 111 CYR 403 BRG 634 CAS II PIR 763 RFH 025 112 BXH 403 BTX 639 CLH PIW 628 RFM 034 115 CTU 408 BHS 641 AZF PJE 311 RFV 756 118 CRL 409 ATG 646 BZW PJM 080 RGL 259 118 DAR 411 CIB 654 BUK I PKC 667 RGW 965 120 ATG 417 CFA 657 CAD PKH 076 RHP 914 121 BYP 432 BSS 659 BCW PKH 656 RHP 914 127 CSJ 441 AQT 663 CTR I PKJ 112 RIW 283 129 BYO 443 BCW 665 BNU PKP 654 RIY 563 131584 445 BUL 672 CSF PKR 430 RIY 569 134 CFA 458 AZF 673 CJX PKS 499 RIY 580 134 DDP 459 CFU 676 CYX I PKV 948 RJC 987 138 BMC 464 BTA 677 BYM PKY 170 RJT 018 151 AAP 465 CCL 677 CVT PKZ 598 RJT 072 151 CZB 473 CMC 679 BYK II PLA 994 RJT 465 152 BTY 473 CTU 679 CSL PLN 045 RJW 748 153 BTY 484 BSH 685 BCU PLN 181 RJX 911 154 CAE 492 CZP 686 DEN PLN 597 RKA 375 156 CHY 503 BUN 68826 I PLP 972 RKH 924 172 AAP 505 AZF 68827 PLS 835 RLB 143 178 BSW 514 CIC 690 CAS PLS 837 RLP 036 178 CWD 516 BHR 693 CRH I PLW 049 RLV 078 183 BRJ 517 CIZ 694 ETW PLZ 383 RLY 193 185 CZN 517 CIZ 70104 PLZ 986 RLY 798 186 CGD 517 CTZ 702 BRB I PMA 436 RPL 530 203 BXD 520 BNT 705 CRX PMF 515 SHERIFF 218 AGW 522 BXR 711 CIP PMJ 709 SHERIFF 22ArE 534 CRC 715 AQM PMS 668 008 ALC 223 BDD 538 AKJ 730 CZM I PMV 220 015 CZS 237 CFL 543 CTW 733 AIG PMV 546 022 CRB 256 BTW 550 CGG 733 BYL PNK 563 026 BJU 259 CCX 551 BTW 745 ??? II PNL 126 029 CUF 26102 558 CZG 74647 PNM 606 045 APS 270 CSE 559 BHN 749 CAS PNN 575 045 CAS 294 CSS 561 CYN 750 CZF II PNX 816 046 BBG 298 BYN 567 CAS 758 CTG POH 801 047 BRJ 301 CTS 572 BYR 762 CTL POK 259 047 CAT 304 CUK 573 CYE 764 BTU RAR 103 049 CAT 315 CTH 573 DAB 770 CRZ II REL 273 055 BTX 322 AKN 58454 773 CWP REP 978 070 CYX 340 BRJ 588 AJL 787 CIC RBS 745 071 BSN 344 BXE 589 AQR 787 CSS II RBT 826 071 CYH 347 BTR 593 CRK 794 CSF RCC 023 072 BNL 355 BRB 596 CAG 805 APG RCC 832 074 BTV 360 BTN 599 CAB 807 CTU II RCX 285 078 CRM 360 BTT 6AB869 808 ATE II IRAFFIC COUNT - 12/13/88 ALPHABETICAL LICENSE PLATE LI:3TING - PAGE 3 SOUTH ON HIGHWAY 101 , MAKING RIGHT TURN INTO CHANHASSEN ' 808 CZN 816 BIP 816 BTT ' 81613 818 AKP 818 CAJ 824 BCW 835 CGG 845 BCW 848 SUP 850 BXK 857 CAS 860 CZF ' 380 13XL 883 AKP 888 BMC 893 B✓JW ' 9PLUSI 914 CMS 920 AKS ' 926 CAS 933 BUN 938 AKP 938 BSC 943 BSW 947 DAS 955 ATG ' 956 SZF 976 BZY 981 CUL 994 CAR 995 BRD 995 DBN 996 cY'r • 1 TRAFFIC COUNT - 12/13/88 ALPHABETICAL LICENSE PLATE LISTING II TACO SHOP, WESTBOUND HIGHWAY 5 TO WESTBOUND 78TH STREET ??? 377 FES 213 fiGA 122 NIS 364 PDS 044 I ??? 946 _ FEZ 791 MGW 963 NIS 386 PDT 179 AHE ??? FGM 326 MHA 670 NIS 449 PDT 385 AKZ 818 FGT 423 MHX -011 NLD 743 PDV 463 II AXL 407 FHL 590 MHZ 253 NLL 128 PDZ 022 BAM 111 FHP 783 MID 941 NMD 134 PEJ ??? 3AN 147 FJL 832 MIS 265 NMQ 538 PEJ 779 II BCC 734 FJM 960 MIS 409 NMV 310 PEX 783 BDH 512 FKR 469 MIX 633 NNQ 606 PFE 864 BEP 827 FLC 575 MIX 716 NNS 052 PFE 935 BIX 172 FLP ??? MJZ 084 NNS 155 PFL 662 BPM 544 FLV 618 MKS 110 NNX 814 PFL 985 BVN 455 FNB 426 MLE 464 NPN 775 PGA 856 CDF 146 FNR 793 MLR 382 NPV 151 PGY 967 II CEC 183 FNZ 946 MD'1M 280 NQC 604 PHA ??? CFS 770 FTW 976 MNZ 657 NQE 237 PHU 990 CFX 946 FUK 303 MPH 722 NQH 253 PID 481 CJU 152 FVI 209 MQD 842 NQP 271 PIX 141 II CLE 205 FXE 291 MSS 273 NRC 650 PJF 075 Ct•1G 832 GRIEF MSY 460 NRH 674 PJJ 794 CMM 461 JJ 235 MSZ 197 NRN 402 PJP 143 II CON 631 LAS 051 MTX 881 NST 406 PKE 016 CRC 673 LBM 376 MTZ 781 NTG 234 PAL 242 CRD 826 LCN 197 MUH 056 NTJ 103 PKL 461 II CTW 577 LCN 907 MXY 222 NTS 489 PKV 296 CVR 741 LCN 961 MXZ 040 'UZ 311 PKV 752 DHM 483 LDR 821 MZC 725 NVZ 889 PRZ 583 DMT 577 LDV 433 MZS 197 NV1544 PLC 764 II DMV 225 LED 689 NZS 736 NWA 937 PLG 205 DRW 900 LFW 563 MZV 928 NWD 101 PLI 272 DUU 738 LKS 736 NAS 828 NXA 136 PLN 024 I DVR ??? LLM 653 NCA 416 NXB 246 PLN 565 EBM 150 LMA 954 NCB 565 NYA 190 PLN 669 EBY 303 LME 491 NDR 308 :ILA 473 PLN 314 EGG 761 LOC 775 NDL 065 NYJ 706 PLN 840 II EXX 567 LRD 028 NEC 465 NYS 734 PLN 844 ENE 735 LRS 411 NEN 941 1ZK 071 PLN 855 ENK 705 LYB 734 NEP 634 PAB 234 PLX 100 I ERR 964 LYD 774 NES 275 PAD 772 PLX 820 ERU 111 LYF 770 NEY 855 PAN 239 PLZ 742 EVN 758 LYX 287 NFZ 135 PAN 638 PMG 071 II EWC 475 LZB 297 NGG 959 PAX 189 PMG 581 EWF 422 LZM 274 NGT ??? PBA 412 PNC 481 EYR 977 MAG 065 NGT 119 PBJ 896 PND 312 EYX 279 MBZ 269 NGT 614 PBL 683 PRM 842 II FAD 559 MCD 338 NGT 619 PEP 036 PRN 647 FCB 642 MCD 435 NGU 474 PCU 866 PUF 751 FCF 632 MDD 263 NGU 576 PCV 308 RAL 525 II FCU 612 MEE 618 NHC 925 PDG 888 RAR 414 FDA 316 MEG ?93 NHV 246 PDJ 806 RBG 949 FDD 509 MFG 499 NHV 347 PDP 778 RBH 358 II FEH 485 MFU 647 NHW 462 PDS 004 RBR 738 II I TRAFFIC COUNT - 12/13/88 ALPHABETICAL LICENSE PLATE LISTING - PAGE 2 TACO SHOP, WESTBOUND HIGHWAY 5 TO WESTBOUND 78TH STREET I :CBS 710 056 CAT 234 BZW 492 BZU 695 CYV RCB 001 061 CWX 238 BUR 495 COO 698 AQN RCP 206 065 CTN 239 BTU 500 CHZ 698 CAB I RCR 019 071 BBi4 240 CGA 514 BTV 701 i3HN RCS 475 071 BTH 241 BU 514 BTW 701 BUV RCX 131 072 BBF 244 CSJ 514 CRD 701 DBN I RCY 218 072 CIB 248 CSX 515 CWK 709 CEW RCY 418 073 BJL 256 CZE 528 AKJ 712 BVM RCY 727 075 CAT 259 BCW 535 BSJ 713 BCU REG 976 082 BLT 265 BJI 537 BTV 713 BCU I RFA 063 089 CAT 266 AQ'r 538 BST 714 CSG RFW 878 089 CME 270 BMV 543 CTW 717 CHZ RFZ 252 091 PBT 276 OBU 548 CSE 721 CSJ I RGH 148 094 CSF 279 CJU 549 DCA 72?. CFM RGK 462 094 CSZ 280 BRJ 551 CTY 723 CAS RGS 791 097 CAT 287 CZD 556 PGS 727 LWF RGX 071 102 BTY 288 CAA 557 ACL 729 CTV I Rr1R 811 111 CWS 289 CGR 557 ICJ 731 EJB RHZ 607 114 CFL 292 CKL 558 CAR 732 CTJ RIK 670 116 BSJ 292 CRN 566 BSY 745 ??? RIS 724 121 CVN 294 CSA 568 DAJ 745 NICK??? 122 BRK 313 ADM 582 BTX 749 BCV RIY 410 125 AKE 317 CGM 535 CYM 750 OBJ I RJK 323 125 BXC 320 CEN 595 CYH 752 CSL RJN 887 125 CAT 322 CRY 599 BXY 754 CSV RJR 762 125 CJX 327 CSD 601 BLV 755 CAS RJT 420 132 CVI 333 CON 603 CAJ 763 CIN I RJV 545 136 CWG 335 ??? 605 DM1 769 CWS RJY 085 138 BTW 359 BTY 609 ATG BUV RKV 761 141 AGP 363 BTT 609 ATG 774 BXM IRKX 483 144 BTW 369 ADS 610 BTR 783 ATF RLA 872 144 CAT 371 CAR 610 CAS 786 CMU RLH ??? 149 CQR 374 ATG 61.7 BRC 786 CYC RLH 858 154 DGU 394 BJM 617 DAR 793 BXH I RLS 470 155 ABA 406 BTN 622 BCU 803 BTK RLS 563 162 DHP 408 CZX 624 BYD 812 CAS RLX 165 164 BIN 411 CYU 630 AWU 820 BTH I RLZ 818 172 BCW 418 BKL 635 ADM 823 CRX RLZ 827 173 CID 429 CSF 638 BUD 828 CUJ RRC 544 174 969 430 DAK 638 BXE 836 CSN I RTS 657 191 ATF 432 CAF 639 CWS 837 NCU RWF 124 191 CV'1 432 CKE 641 CFL 839 CSE RXX 701 194 BXJ 434 CNK 647 BUS 840 CQG VP1338 216 AGW 439 CAJ 648 CIE 841 CGL I VUE 120 218 CAB 443 BSJ 651 CWZ 842 ADK 006 APL 220 BCW 444 BTU 664 ATG 853 CGP 007 CAS 223 CTC 444 BUP 671 CIS 854 CYC I 011 BZZ 223 DFL 449 BWT 672 CSF 673 CYR 857 CZS 013 CVD 224 DBP 470 CWY 858 ALY 023 BCW 226 CKB 484 BSH 684 CAR 859 BXF I 034 BWY 227 CWZ 484 BXQ 687 BUS 871 DBP 043 CGG 228 CVF 484 CTW 691 ADT 878 RFU I TRAr'FIC COUNT - 12/13/88 ALPHABETICAL LICENSE PLATE LISTING - PAGE 3 TACO SHOP, NESTBOUND HIGHWAY 5 TO WESTBOUND 78TH STREET 879 CAS 885 AZE 917 BSS 918 CJU 923 BYE 933 CYN 934 BUY 936 CAS 937 CAS 943 BYL 946 C?? 943 ANV 955 GCW 959 'TSP 971 CSH 978 BUU 980 BIP 994 3ST 997 CAR 997 CVR 1 - CITYOF 4 - ., I 0 , Ci , ANBASSEN 1 , , `\ • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I � . IDecember 30 , 1988 I BRW Attn: Howard Preston I Thresher Square 700 Third Street South Minneapolis, MN 55415 IRe: West 78th Street/Laredo Drive Stop Signs File No. PW070a IDear Howard: At the December 19, 1988 City Council meeting, Council directed I that the appropriate engineering study be performed to evaluate the placement of stop signs at the intersection of West 78th Street and Laredo Drive to determine if an "all-way" stop con- 1 dition should be established at this intersection. With your intimate knowledge of the traffic patterns in the downtown area and the involvement that you have had on the Trunk Highway 5 intersection and trip origin and destination studies, I am hereby 1 requesting that you proceed with conducting the appropriate engi- neering study on this intersection. il We are not only interested in the evaluation of warrants for this intersection, but also a review of impacts east and west of this intersection on traffic stacking and other ramifications to the downtown driveways and intersection of Great Plains Boulevard. ilCity staff has acquired some limited information concerning traf- fic counts for this intersection which will be forwarded to you I by Larry Brown. As I imagine you are well aware, traffic counting devices become quite tempermental in winter weather and therefore it may be necessary for you to take manual counts to obtain the Iinformation necessary for your analysis . I would appreciate receiving the results of your study so that it can be placed on the February 13, 1989 City Council agenda. I Please notify me of your best estimate for the cost of this study before proceeding. I I II Howard Preston December 30 , 1988 Page 2 If you have any questions , please contact me or Larry Brown. Sincerely, , CITY OF CHANHASSEN ' - k . Warren, P.E. 'ngineer GGW:Ktm cc: Larry Brown, Staff Engineer , Don Ashworth, City Manager Gary Ehret, BRW City Council Administrative Packet (1/9/89) 1 1 1 1 CITY OF CHANHASSEN j 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �-' (612) 937-1900 1 . December 23 , 1988 1 1 Mr. Guy Peterson Chanhassen Taco Shop 910 Nez Perce Court 1 Chanhassen, MN 55317 Re: Response to Site Plan Application and Variance Request 1 Dear Mr. Peterson: In reviewing the application material submitted to us regarding 1 the addition planned for the Chanhassen Taco Shop, the following deficiencies in meeting Zoning Ordinance requirements are noted: 1 . Zoning Ordinance parking lot setback requirements are 25 feet 1 for front yards and street side yards and 10 feet for side yards . The majority of parking spaces ( 20 out of 33 shown) do not meet this setback requirement. 1 2 . Because parking lot setback requirements cannot be met, there is insufficient space to meet perimeter landscape require- ments . In addition, there are no interior landscape plans as required by the ordinance. 3 . Concrete curbing of parking lots and driveways are required 1 in the BH District. The submitted plan does not indicate any additional curbing. 1 4 . The application for Site Plan Review has a number of missing items. It is recommended that the following items be submit- ted: 1 a. Complete site plans signed by a registered architect, civil engineer, landscape architect or other design pro- fessional. ' b. Boundary survey. ' c. Name of project on submitted site plan and date proposed. - d. Tabulation box Percent of site covered by parking area, projected number of employees , number of parking spaces 1 required and number of handicapped parking spaces . 1 Mr . Guy Peterson ' December 23 , 1988 Page 2 ' e. Location of all existing and proposed structures with distance from boundaries and building dimensions . ' f . Vehicular circulation systems showing location and dimenstions for all driveways , parking spaces, parking lot aisles and loading areas . ' g. Landscape plan. ' h. Lighting locations, style and mounting. i . Signage details . j . Building elevations from all directions. k. Fire hydrant location, proposed- fire protection system. 1 . Trash storage location indicating closed containers within a totally screened area. ' ' 5 . Specific findings need to be made for variances pursuant to Section 20-58 of the City Code. Attached you will find a copy of this section. I would suggest you address how each of these applies to your situation. In order for City Staff to properly review your site plan appli- cation, it is in your best interest to complete the missing items required for site plan review. If not, we will begin processing your application as presently, submitted and discuss the insuf- ficiency of the application with the reviewing bodies . Sincerely, • Stephen Hanson ' Planning Director SH:v ' Enclosures: Variance Requirements 20 .56 - 20 .60 Site Plan Requirements 20 .106 - 20 .108 ' cc: Fred Hoisington Don Ashworth I I I _ CITY OF r . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 L�r (612) 937-1900 MEMORANDUM 1 TO: Mayor and City Council FROM: Don Ashworth, City Manager A ' DATE: January 9, 1989 SUBJ: Boats and Waterways Ordinance This item was a general discussion item at at least two Council meetings during 1988 . Those discussions concluded with the instructions that City staff should prepare a draft ordinance that should address each of the items presented during the discussion periods , i .e. rafts, moorings, etc. As can be seen from the attached minutes, a draft was prepared by ' Roger Knutson and forwarded to the Park Commission for their con- sideration. As can be seen from the minutes, significant discussion occurred from various individuals affected in dif- ferent ways. Given the scope of this proposed ordinance, this office would propose to additionally forward the item to the Planning Commission and Public Safety Committee for their thoughts prior to re-presenting the item to the City Council. ' Should the Council wish to see this item handled in a different fashion, please ask that the item be placed onto the City Council agenda for discussion and/or as a regular agenda item for our ' next agenda. I I 1 • CITY OF G CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 ! (612) 937-1900 ' MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Lori Sietsema, Park and Recreation Coordinator, DATE: December 29 , 1988 t5) 1 SUBJ: Boats and Waterways As directed by the City Council, the Park and Recreation Commission reviewed the proposed amendment to the Boats and 1 Waterways Chapter of the City Code. The Commission felt that the proposed amendment was in accordance with their concerns regarding park property and acted to recommend approval . Additionally, they felt that the people affected by the amendment ' should have the ability to go through the variance process, and recommended an amendment to Section 6-23 allowing such ( see attached) . The Park and Recreation Commission will be discussing in further detail the possibility of providing mooring buoys off of park property. As Section 6-21 excludes public property from the 1 stipulations of the amendment, the Commission did not have any reason to hold up the process any further. ' Attachments: A - Proposed Amendment B - PRC Minutes dated 12/13/88 1 1 1 1 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 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B.KNETSCH I VANCE B.GRANNIS,JR.' 161 NORTH CONCORD EXCHANGE MICHAEL J.MAYER TIMOTHY . BERG PATRICK A.FARRELL J DAVID L.GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L.HARMEYER *ALSO ADMITTED December 29, 1988 etm PRACTICE IN WISCONSIN ' Mr. Don Ashworth Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 ' RE: Boats and Waterways Dear Don: Enclosed is the revised ordinance you requested concerning boats and waterways. Changes from previous draft dated 8/17/88 are the deletion of the last sentence under Section 3, and the addition of a new Section 4 which amends Section 6-23 (a) of the City Code. Very truly yours, GRAMS, GRNNIS, FARRELL ' & NU SON-, P.A. BY. oger N. Knutson RNK: srn Enclosure 1 DEC 3 0 1988 CITY OF CHANhASSEN ' ' ORDINANCE NO. ' CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ' AN ORDINANCE AMENDING CHAPTER 6 OF THE CHANHASSEN CITY CODE CONCERNING BOATS AND WATERWAYS The City Council of the City of Chanhassen ordains: SECTION 1. Section 6-27 (b) of the City Code is amended in its entirety to read as follows: (b) No watercraft shall be moored, docked or stored overnight on any lakeshore site or on the waters of any lake unless: ' (1) Currently registered, pursuant to Minnesota Statutes Chapter 361 in the name of the owner of a lakeshore ' site on the lake or in the name of a member of the owner's household; or ' (2) If moored in the waters of any lake overnight it must be moored directly out from and within twenty- five (25) feet of a lakeshore site, upon which a dwelling unit has been constructed, owned by the ' owner of the watercraft. (3) Currently registered as a guest boat at any privately-owned commercial resort or commercial boat landing located on the lake. SECTION 2. Section 6-28 of the City Code is amended by adding subparagraph (c) to read: (c) Swimming rafts left overnight in the waters of any lake must be anchored directly out from and within one hundred (100) feet of a lakeshore site, upon which a dwelling unit has been constructed, owned by the owner of the ' swimming raft. All swimming rafts must have an identification plaque containing the name, address, and phone number of the owner. ' SECTION 3. Section 6-30 of the City Code is amended to read as follows: ' Removal of Seasonal Docks, Moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All ' r12/15/88 nonconforming moorings and other structures, except docks and swimming rafts, once removed may not be returned to the lake. SECTION 4. Section 6-23 (a) of the City Code is amended , to read as follows: (a) The City Council may grant a variance from the requirements of this article where it is shown that by reason of topography, soil conditions, or other physical characteristics of the lakeshore site, compliance with the requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. SECTION 5. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Chanhassen City Council this day , of , 1989. CITY OF CHANHASSEN BY: ' Donald J. Chmiel, Mayor ATTEST: ' Don Ashworth, City Manager -2- I CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING DECEMBER 13 , 1988 IChairman Mady called the meeting to order at 7: 30 p.m. . r�• 9 MEMBERS PRESENT: Jim Mady, Sue Boyt, Larry Schroers, Curt Robinson, Ed Hasek and Carol Watson ISTAFF PRESENT: Lori. Sietsema , Park and Rec Coordinator ; Todd Hoffman, Recreation Supervisor; Mark Koegler, Planning Consultant and Scott Harri IAPPROVAL OF MINUTES: Hasek moved, Boyt seconded to approve the Minutes of the Park and Recreation Commission meeting dated November 22, 1988 as presented . All voted in favor and the motion carried . I PUBLIC HEARING: BOAT MOORING AND DOCK ORDINANCE. IPublic Present Name Address ILynn Hall 3980 Hawthorne Circle Fred Osleschlager 7410 Chan Road II Michael & Marie Schroeder 6600 Lotus Trail Cindy Gilman 6613 Horseshoe Curve Greg Blaufuss 7116 Utica Lane Ray Roettger 3221 Dartmouth Drive Gerry W. Maher 7101 Utica Lane Mary J. Moore 3231 Dartmouth Drive Jeff & Laura Bros 6771 Chaparral II Roger Byrnes 6724 Lotus Trail Mike Wegler 6630 Mohawk Drive 1 Sietsema : This item was presented to the City Council on September 12th. The Planning Department presented an amendment to the Water Surface Useage Ordinance which would, basically it cleared up the language in the I' ordinance regarding mooring boats and putting out rafts in the lake. Essentially what it does , and a copy of the amendment is on the screen here, what the amendment would do is require that the boat, if you were 11 going to moor a boat , would have to be registered in the name of the lakeshore owner on the lakeshore site on the lake or in the name of a member of a household . Also , if moored in the waters overnight, it would have to be out directly in front of a home that is owned by the landowner l which has a house on the site . The other item on the amendment addressed swimming rafts and similarly it would require that a swimming raft would be launched out in front of the property that was owned by the lakeshore I owner with the dwelling unit on it. In Barbara Dacy' s memo, she discussed an alternative so there were a number of people that are affected by this ordinance that do not have a dwelling unit on the property or have been I mooring a boatlin a situation that is different that would be affected by this. What 'the recommended to the Council at that time is that an amendment take place that would allow a variance situation to occur so II Park and Recreation Commission Meeting December 13 , 1988 - Page 2 1 that a person who had been mooring in the past could get a variance. ' Another discussion has been that people currently mooring boats and can , show a history of having moored a boat in a spot could maybe be ' grandfathered. in. What we're discussing here tonight, because the City .-,, Council looked at all of these items and they were interested in knowing if the Park and Recreation Commission had any problems with this amendment, in looking at it strictly regarding the parkland and park use. I So we brought it back to you, the Park Commission, to look at the amendment and see how it affects our plans for parkland . This item will be going back to the City Council and I believe that some of the other issues will be addressed again at the City Council level . Schroers: What about the raft that is currently moored out in front of Carver Beach? Would that be grandfathered in? ' Sietsema: According to what this amendment is , it would be grandfathered in. ' Mady: But that has to be part of our discussion. Boyt: Yes, that 's part of our discussion. ' Sietsema : But it would have to go by what ' s in the current ordinance. It has to be so many feet up off the water and so big and out so deep. It has to have certain structural standards as well and be registered . Then the owner of the raft would have to be stated on the raft. Swimming rafts left overnight in the waters on any lake must be anchored directly out from and within 100 feet of the lakeshore site upon which a dwelling unit has been constructed and owned by the owner . All swimming rafts must have identification plaque containing the name, address and phone number of the owner so that would have to take place as well as the other stipulations that are in the current ordinance. Mady: We have really two distinct items in this ordinance being amended. I One dealing with the boat mooring issue and then the second dealing with rafts, swimming rafts and docks and that kind of thing . We' re opening the public hearing, actually open up a public discussion. Not just have a II public hearing but actually a full discussion. We ask you if you do want to make a comment, present some information to the Commission, please come up to the front to the podium. State your name and your address and make your comment. We invite your comments at this time. ' Lynn Hall , 3980 Hawthorne Circle: I didn' t want to be first but I guess I got elected first. I kind of walked into this issue and I 've learned a lot about the Water Surface Useage here in Carver County, specifically on Lake Minnewashta. My position is that I 'm supporting the amendment with one exception. I feel that my situation , where I can back up and explain or if anyone has any questions but as an overview, I 'm supporting it with the exception that I feel that my position , no other hurdle should be put in my path. That my existing non-conforming use which has been verified and reverified4not only by the City but by the people in the community. Some actually, people that are in opposition have recognized it and it' s use . . . 3 times . I feel that the current amendment is a good amendment . I I ir Park and Recreation Commission Meeting ' December 13, 1988 - Page 3 know that standing here there' s a bating question as to why Park and Rec would be asked to mediate then what might be considered a private matter . ' ,._ I guess at this point my point of concern is a discriminatory nature in which it addresses those people that are non-conforming use that it is there. I guess I would ask that the advisement to Council would be that the amendment go forth but those that have proof of the non-conforming ' use, be allowed to continue that use. I don' t know if there ' s any questions . I don ' t want to repeat information that you ' ve got, I guess it would take up time. Mady: Yes , the amendment does consider non-conforming use and this is a situation if the non-conforming use. . .for a period of one year, than it no longer exists . ' Lynn Hall : My contention is simply that with a variance necessary to continue my use, that' s a hurdle that I don' t think I should have to jump at this point . Because of the legal nature of the use. I understand your reasons for it. Mady: One thing I want to instruct to staff. On the mooring issue , my understanding was that the Council asked us to look at the mooring issue as it related to parkland . So in your situation, it' s actually private property that ' s being discussed here and that probably will be better ' handled, will be handled at the Council level versus . . .private property. We don ' t have any jurisdiction on that. ' Lynn Hall : I understand . Mady: I 'm surprised that maybe the Planning Commission might be getting involved. Boyt : We look at boat mooring as it pertains to all of the lakes in Chanhassen and what our recommendation would be. ' Robinson: Is this your situation that you were before the Council on September 12th? ' Lynn Hall : Correct. Mike Schroeder , 6600 Lotus Trail : I guess I 'm probably the reason you' re here. I 'm the one with the boat moored down on the parkland and had it moored there since we purchased the land in 1986. We purchased it from Mr . . . . He also had his pontoon. I guess my point of view on this whole ' thing is that this ordinance seems to be pretty much directed towards me and my use. As you read the ordinance, it states all seasonal docks , moorings and other structures shall be removed from the lake before November 1st of each year. All non-conforming moorings and other ' structures except docks and swimming rafts , once removed may not be returned to the lake which seems to pretty much leave me out. I'm not sure why that is. I don' t think it' s, I don ' t know of anybody else that ' s been mooring along in there. . . We' ve been doing it for a number of years and I think 'Mr . . . .also was using that. Can I answer questions? 1 Park and Recreation Commission Meeting December 13 , 1988 - Page 4 1 Mady: Are you actually mooring it off the shore or is the shore in front 1 of your house? Mike Schroeder : We ' re the last house on the end of the parkland and it' s 1 about, I don' t know, I suppose 30 feet or so from the property to the lake. We file every year with the DNR for a permit. Boyt: But they didn' t respond to. . . Mike Schroeder : No. I understand that the City wants to kaboosh that somehow. . . I don' t think anybody else on the lake has ever tried to register . Hasek: Your boat is moored off shore. How far off shore? Mike Schroeder : I suppose 20 feet or something like that. Hasek: How do you get to your boat? 1 Mike Schroeder : I wear shorts . It' s fairly shallow. In referring back to the meeting of September 12th. I think that I agree with the grandfathering in the raft and the dock that' s also down there. The house, next house to us has a dock and he' s had it out there for years . My impression of the meeting from September 12th was that you guys would II take a look at how we could take advantage of that parkland and develop it for use. I think it was donated by the people in Carver Beach and I think we have an interest in that area and developing it to the best use for the 1 City but especially I think we should take into account the people in Carver Beach and how we would like to use that. I think there are many of us that are interested in working with the City on improving that whole area and cleaning it up and things like that. Rocky here will speak more to the raft. Boyt: That' s what we had thought. That Park and Rec . . . 1 Mike Schroeder: But anyway, I think it should say except docks . . . Mady: We have questions concerning boats that have been moored and the dock on private property. Those aren' t considered non-conforming uses because you' re not talking about your own property. Sietsema: The dock is a different situation because, is that Mr . Taucks? And he is a parapelgic I believe and was granted permission by the City a number of years ago to have his dock. I believe has a boat out there too? Mike Schroeder : Yes he does . Sietsema : And he has had a long standing agreement with the City to be able to do that. Hasek : Based his condition. Sietsema : Based on his condition, right . Does that answer your question? 1 1 Park and Recreation Commission Meeting December 13, 1988 - Page 5 Mike Schroeder: It is on P arkland? Mady: Yes. Sietsema: It ' s also on parkland. , Mady: The question is , can you have a non-conforming use when you don' t actually own the property? Hasek: It' s a granted use. The question is, is it really a ' non-conforming use? ' Mady: I 'm still not sure. I think they have. . . Sietsema: I 'm not real sure on that Jim. Mike Schroeder : But it is off the parkland. The way the rules are, you've got to be a landowner to have any rights and I think that' s where. . . The people at Carver Beach who have always for years taken care ' of that area and used it. Robinson: Is this city jurisdiction only or is the DNR involved? Sietsema: The DNR doesn' t really have much regulations on this. Mike Schroeder : But the DNR has to approve what you have. Sietsema: Right, they have to approve our Water Surface Usea g e Ordinance and any amendments that we put on so they would have the last word on it ' but they don ' t have. . . Schroers : Are you right next to the old boat access? Mike Schroeder : Yes. I 'm down at the way far at the end last house. Schroers : And there' s just a thin strip of parkland between your house ' and the lake? Mike Schroeder : That ' s right . Roger Byrnes , 6724 Lotus Trail : Lori says this whole ordinance was to clarify the issue. It seems like the issue was pretty clear. They passed an ordinance that said what rafts had to be and docks and what they were. ' Now, I don' t know what. . .what the wording said. It doesn ' t make any sense . Why do we need this ordinance? I can' t understand it. ' Sietsema: One of the things that the Planning Commission wanted to clear up is that , the way the ordinance is stated right now, it says that a lakeshore owner can launch or moor a boat in public waters. That means if ' you own lakeshore property on Lotus Lake, you could launch a raft or moor a boat on Lake Minnewashta or Lake Riley or Lake Ann or Lake Lucy. Park and Recreation Commission Meeting December 13, 1988 - Page 6 I Roger Byrnes : Lake Superior or any. I Sietsema : But being a non-lakeshore owner , you didn ' t have that right. I think that they wanted to clarify it that yes . . . I Roger Byrnes : I don' t agree with that. I think it said anybody could launch anywhere but nobody wanted to. That ' s why nobody ever did. Only II people that wanted to, was the people in Carver Beach with the raft. It didn' t say that I couldn't launch or put a raft over on Lake Riley. Sietsema: What they wanted to clarify is that a lakeshore owner could II moor a boat but it had to be in front of their own property. They couldn' t moor a boat out on. . . Roger Byrnes : That' s what you' re trying to say. That isn ' t what the II ordinance said before. Sietsema : That' s what we' re trying to clarify. I Roger Byrnes: That' s no clarification. That' s just banning another law out to the thing. They' re not really trying to clarify anything. You' re 11 just trying to put some more restrictions upon people who want to have rafts out there or mooring . Hasek: It' s all a matter of how you want to straighten it out is really II what their question is. The way that it ' s set right now, if you own, if I understand it properly, if you own land on Lotus Lake , by the ordinance it gives you the right to put a raft on Lake Minnewashta. The way it was II written, the understanding, the lawful reading of the ordinance, that was the clarification that needs to be straighten out and the question is , how will you clarify it. What did we want to say what was the intent of what II we wanted? Roger Byrnes : The way I read it, it didn' t have any restrictions on I anybody putting the raft anywhere. Hasek But is that the way we want it to state? Roger Byrnes: But nobody wanted to. The only reason it even came up was II because of one raft. Hasek: That ' s the situation. II Roger Byrnes : But that ' s not a problem. One non-conforming person or group of people or one little thing wasn' t creating a problem. II Hasek : But you' re a member of the city just like any of the rest of us . Why isn ' t it a problem? II Sietsema: It ' s a matter of being proactive. a Mike Schroeder: Did you have someone. . . II II I . . Park and Recreation Commission Meeting December 13 , 1988 - Page 7 ' Roger Byrnes : Did somebody else try to put one out there? Mady: We had a problem with them. To be honest with you, we do. Roger Byrnes : We' re the problem. Mady: You' re not the problem. The raft is a problem. Roger Byrnes : But we are the raft . Mady: . . .and you have a swimming beach down there. It's not a safe beach, what the City considers a safe beach. Since it' s a city park, we need to fix that. That' s what we' re getting to. Roger Byrnes : That ' s fine but why put restrictions on. To fix something, you don' t restrict it, you just fix it. I don' t understand your train of thought. She comes up like you ' re trying to fix a problem that' s there but there isn ' t a problem. Sietsema: The way the ordinance is written, there is a potential for a ' problem and to be proactive, we want to take care of that before we have the problem. ' Roger Byrnes : Yes , but the potential has been there for 30 years and it' s never materialized so why worry about it now? That 's what I don' t understand . Now all of a sudden worry about it now when it may not ever occur. Let ' s have a problem and then fix it. If it ' s not wrong, don' t fix it. Mady: We have a problem in one, liability. Just because no one has been ' seriously injured there does not mean it won ' t happen this summer. Now the City recognizes that what' s happening there, we need to make sure that we don' t cause a problem. Roger Byrnes : At the Council meeting , the City Attorney said that the City is not liable. If it' s not the City' s raft, the City is not liable. The City doesn' t own that water . The City can' t be responsible for people ' that are out on that water. The City doesn ' t own that raft and they can ' t be responsible for people that are on that raft . ' Mady: But if it' s out from a city beach you see, our understanding is that it' s out from a city beach. ' Roger Byrnes : But it' s not even a city beach according to you guys . Mady: It's park property. When you ' re out from city property, it' s there at the knowledge of the City so the City does have some liability in that ' they have active knowledge of the situation. If it' s a problem situation, they can be liable sometimes . Boyt: We would like to make it a nice beach . We would like to make it nicer than it is now. We would like to clear out the poison ivy and poison oak. Put in a raft that meets all the conditions . 1 1 Park and Recreation Commission Meeting December 13 , 1988 - Page 8 I 1 Roger Byrnes : That raft there met all the conditions . The raft that was there, in fact that was probably the only raft on the lake that met all the conditions . That met all the conditions for that ordinance that was passed. Boyt : Well , it didn' t look safe at all . ' Mady: It ' s not considered safe by a number of us who have been on the water and been to the raft . That raft doesn ' t have a permit. 1 Roger Byrnes: No raft on the lake has a permit. Mady: Oh yes. ' Roger Byrnes : They all have permits? Mady: I know the one on Sunrise Hills has a permit. I hemmed it on. It' s been on there for 5 years that I 've lived here. Roger Byrnes: The raft has to have a permit on it? I Mady: Yes it does . The permit' s on it right now as a matter of fact. It' s a little steel tag. Roger Byrnes : Who gives it to you? Mady: The Sheriff does . Roger Byrnes : The Sheriff wouldn' t give us a permit. How would you get one? ' Mady: This is the Minnesota Boating regulation's . Roger Byrnes: That' s right and they say every raft and every thing in that lake is supposed to have a permit from the DNR. I 've been begging the Sheriff for a permit. He said no way. He said he won' t let me give you one . I said forget it . How did you get one? Mady: Through the Sheriff . Roger Byrnes : You must have a little pull there. ' Mady: The State says that obtaining a permit for swimming area markers from the County Sheriff . . . Roger Byrnes: You' ve updated it every year? Mady: Structures such as swim rafts , boat lifts , bouys . . . All structures placed under a permit must have the permit number painted on and you obtain your permit from the County Sheriff . It ' s here if you 'd like to read i.t. Park and Recreation Commission Meeting December 13 , 1988 - Page 9 Roger Byrnes : I understand. I 've read it and I begged the Sheriff for a permit. He wouldn' t give me one. Boyt: I think that' s between you and the Sheriff. Roger Byrnes: No, it' s between the Sheriff and the City who it' s for because the City tells the Sheriff not to give away permits and he don ' t give away any permits. So there you are. What are you going to do? Have ' you talked to the Sheriff about issuing permits Lori? Sietsema: No. ' Roger Byrnes : You haven' t said one word to him to issue a permit or not issue a permit? ' Sietsema: I never have, no. Roger Byrnes : Has anybody in the City to your knowledge? ' Sietsema: No. Roger Byrnes : Well somebody has because he said I won ' t issue any permits until the City tells me they want permits issued on that lake. That ' s exactly what the Sheriff told me. ' Sietsema: That' s the first I ' ve heard of it. Roger Byrnes : Well , I' ve been hearing it for 2 years . He said the city guy won' t. He says I call down there. In fact, he was going to issue it ' one time and the day he was going to issue them, he said no , I can ' t. I got a call from the City and they said don' t issue no permits . Can' t do it. ' Robinson: Can we look at that Lori ? Can we look into that? Roger Byrnes: That was a bouy permit that time but I ' ve been trying to ' get a permit for the raft too . What I can ' t understand why, I had my boat laying down there. I had it down there and the kids used it. . .and let them play down there which is probably wrong. I let them play down there ' anyway. . . It' s park property. It's not really private. They kept saying private use of public property. Now they tell me I can ' t have my raft out there but all these other rafts, everybody that lives on that lake has a raft and a dock on that lake and that seems to me , that ' s private use of public property. That lake is public. Everybody who has a raft sitting out there or a dock or a boat moored out there or a dock, a fishing dock or whatever they' ve got out there, that ' s private use of public property. ' I 'm public too just like them. Why can ' t I have my raft out there too? I can see if it goes off the shore, that belongs to the City, the shore because we gave it to you. I can see that but anything that, if I 've got a mooring bouy; I keep my boat out in the water. If I ' ve got a swimming raft , I keep- it out in the water . Why shouldn ' t I have the same right to have my raft or my boat out there as anybody else who lives on the lake. Park and Recreation Commission Meeting December 13 , 1988 - Page 10 ' Just because people live on the lake don' t give them any more right to that water than anybody else. If they think that way, they' re wrong. That water belongs to everybody. Now, if you want to restrict it and tell everybody, get all their boats, all their rafts , all their docks off that water , fine but if you' re going to let some, you should let everybody. Everybody that wants to. I realize you think that' s going to cause a big problem. You' re going to have 87 million rafts out there but it ' s not II going to happen. Most people don' t want it and I think the people that do want it, should be able to have it out there. Boyt : That' s what we' re here to talk about tonight . I think we 1 understand where you 're coming from. I think we need to talk to the Sheriff and find out how he makes the decision and who he ' s in contact with with the City. We' ll ask Scott to do that. Roger Byrnes : Find out who' s directing this guy not to issue any permits because up to this date, before this law was passed, there was no ordinance that said I shouldn' t have a permit or Lori shouldn' t have a permit or you shouldn' t have a permit. Anybody can get a permit and the law hasn ' t passed yet and this guy' s been holding a permit for 2 years. Mike Wegler: My name is Mike Wegler. I live at 6630 Mohawk Drive. As far as the raft and stuff was concerned , I ' ve lived here for all my life, 35 years and since I was a kid, I ' ve always swam on that raft and learned to swim down there. I have 3 children and they swim and they use that now. To take this right away from them, this isn' t right. This issue really, as far as me building a raft and stuff , we' ve always taken care of it and we knew it needed some redoing but it was not unsafe. I 've been out there and been on it myself and jumped up and down. It had brand new plywood out to the. . .wall . It was not unsafe. It had reflectors on it. It went by every standard that was in the book as far as being conforming and it did. Like they said, it was probably one of the only ones that did. I think the park should look at the situation there and try to get us, work something out so we can use it. It ' s not hurting anybody. It ' s II a benefit to everybody. Thank you. Gerry Maher: Garry Maher . I live at 7101 Utica Lane across from Greenwood Shores beach . I 'd like to give you each a copy of some information I received from calling 10 or 12 other municipalities. The Lake Minnetonka Water Conservation District . Also , the DNR. I 've lived there for 13 years at the present location and Chanhassen for 16 years. I am also one of the problems . I have a sailboat, Hobie Cat and a paddleboat that I ' ve kept at Greenwood Shores beach for a little over 6 years. That boat has not caused any problems or have I been made aware of any problems. Both the boats are licensed. When the boats were originally put in, I talked with Don Ashworth at the City to see if there were any problems regarding parking the boats where I did. They happen to be adjacent to public property. At that time there were no words spoken as if it would be a problem or anything else. There was also a letter on file with the City regarding the information when I was asked to remove the boats. Alsso, I 'd like to make a note that I was told in several letters from- the City that I would be notified regarding this meeting . Unfortunately I haven' t been. These boats , as I said, are properly Park and Recreation Commission Meeting December 13 , 1988 - Page 11 licensed . When I first put the boats out in the water , I kept them out a substantial distance and under the circumstances, had problems with the kids that went down at night and various other problems with parties and ' things at the beach. After doing a little further investigation I found out that most other people that moored boats and the situations such as that kept them close to shore for two obvious reasons. One is that if you ' kept them close to shore, nobody wanted to swim out to it and cause any problems. The other reason being, if you worried about any of the small kids getting out onto them or causing any problems you wouldn' t have to. ' So consequently both those boats are moored in less than 2 1/2 to 3 feet of water depending on the water depth conditions . I purchased both of those boats at the same time and after getting consent from Don Ashworth. Lori , I also talked to you several years ago regarding it and under the ' circumstances, I kept those boats there for 6 years up until last August when I was notified that I had to remove them because of an ordinance. ' Mary Jo Moore: I 'd like to go on record that I do approve of the proposed amendment to the ordinance. However , I object to the conditional approval of non-conforming rafts, docks and boats. I think each one should be reviewed on an individual basis . Currently on Lake Mi.nnewashta just down from us there is a raft that has been there all summer. I don ' t know who the owner is . It sits about 3 inches above the water . It ' s color is blue. It has no reflectors. I keep thinking, somebody' s going to hit ' that raft because boats can hit it. You can hardly see it in the daytime let alone at night . We' ve also had problems on 2 or 3 occasions so if we have problems , once it' s approved, they' re not a conforming use, that ' really hasn ' t even had a test of legality as far as the non-conforming, it gets out of hand . The Council , the Planning Commission. . . , it ' s left up to the neighbors and it does cause problems . They' re the ones who wind up controlling what is passed through the Council and by the Mayor and ' Planning Commission. Nobody follows through on it so I want to be on record that I do approve of this proposed ordinance amendment. Ray Roettger , 3221 Dartmouth Drive: I think I agree with Mary Jo. I happen to be on the other side of an access of Sterling Estates that really wasn' t intended to launch boats for the people living off the lake . ' Number one, I 'd like to state that I think everybody has a freedom to buy lakeshore property. If they want to pay the price and they want to pay the taxes . I don' t think that everybody should have the same kind of rights unless you acquire those rights. I think if you live on the lake, ' you certainly should have the freedom to keep a boat there and if you don ' t live on the lake, you should be able to launch boats but there is a public launch . I think that I certainly agree with Mary Jo . We ' ve had quite a problem in the access road because I think I was kind hearted. A fella came down from across the road and put in a big, quite a large dock. An L shaped dock. The contractor who was working on my house being a rather wise fellow said that I would stop it right now and do something about it but I allowed it and I ' ve regretted it ever since. The trouble was that the dock went in and he put his boat in. It was a nice expensive dock but really there was very little maintenance but he did do some maintenance like cut the grass . Since 1976 I have, you might say, other than those fbw years when this fellow lived there, he since sold the property. Ever since that time I have maintained it. Cut the grass . i Park and Recreation Commission Meeting December 13 , 1988 - Page 12 ' Helped with the City. Had the road repaired . We have a lot of water ' coming down which is another problem. It drains off of Dartmouth Drive so all the water comes down and it has washed out and created just one heck of a mess. The City Engineer has been down there. . . .came down a couple years ago and put an underground pipe in to drain the water off of Dartmouth Drive because the Sheriff got stuck and a school bus would go through it and it would build up and be like a foot deep. So they kind of , solved that problem. A couple years ago when we had the heavy rains , everything washed out. There' s a real delta built out there now. In spite of that , the people that have moored their boats there, there were 4 I of them and they ended up being 40 foot boats. They have never been out there with a shovel or a rack or cleaned up or picked up cans . All of that stuff I 've done. The problem with the delta and the reason I mention that is because it constricts the water flow all along the shore and I. everything gets trapped really on Mary Jo Moore' s property. So there has been help. They said , one fellow said he 'd send somebody down . Well , I never saw anybody down there. They piled up the dock. They put a boat lift out there. They piled that up. . . What I 'm trying to tell you is, since 1976 it has gone from bad to worse. Now they' re fighting between themselves , the offshore people and the City said they could put the same number of boats out there and a dock if there was one even though I had the pictures to prove it. We' ve done a lot of work, Mary Jo and I , taking pictures. Sending older pictures that I had of the property into Barbara Dacy. We had documented it and verified it and I even had the air photos . II There was no dock there but they allowed the dock and like I said , pretty soon 4 boats , big pontoon , tied a couple of those that previously got loose. It is a hazard because it' s an outlot and it belongs to Sterling Estates . All of us are making it liable for them or it couldn' t happen. There' s no reality so I 'm saying , if you do not do something to restrict, and I guess I appreciate the people' s position here, that can be handled on a situation by situation basis. Give them a permit. If they've had it out there for a long time, they maintain it , take care of it , issue them a permit. . .but if you project this problem of all"owi.ng anybody to dock a raft or a boat , they could come and put boats right along my shore can' t they? Lake Minnewashta Park, the people, they could launch a boat. They II could leave it there all night . They could circle that whole park with boats. Rafts. So you do have to have some restrictions. I think that those people that were there first or had something or want to get a permit because they want to put some in there that meets the requirements of the law, I think you should allow them but I don' t think you can possibly miss, you' ll open the door . I 'm to the point where I 'm ready to II sell because unless the City does something , I 'm not going to put up with it. I 'm paying the taxes so one of the people that feel deprive and they think they can buy lakeshore. I think that getting on the lake is a right II and knowing the lake but I don' t think you can just have all the freedom of doing whatever you want . I can ' t living on the shore and I don' t think anybody else should. Gerry Maher : I 'd like to make just one comment more if I may briefly to what he had to say. For those of you who may have not been familiar with what happened years ago with Christmas Lake . I can sympathize with his attitude concerning the fact that there are many people parked possibly in II front of his property or near his property or in a beach area that aren' t II Park and Recreation Commission Meeting December 13, 1988 - Page 13 taking care of it. There again, he moved into the area and he knew at the time he bought a house adjacent to a public access , that ' s part of the reason the house might have been valued at a certain reason or whatever . But under the circumstances , it' s some of those attitudes that are saying, if you can afford lakeshore, you can buy it. If you don ' t, then too bad . Well , unfortunately there is only so much lakeshore available at any given time and it' s going to be decreasing as time goes on. It ' s up to the Park and Recreation to make sure that that lakeshore is useable for all of those people that aren' t able to get to it. More importantingly, his ' particular attitude is what prevailed about 20 years ago. When I grew up as a kid and used to go to Christmas Lake swimming and there was a public access and a diving platform out there and we used to go scuba diving out there. It was readily accessible and everything else . As time went on, ' people started to complain that number one, there was a problem with the fire road so they didn' t want to widened it. People. . .were able to say, well , we don' t want to widened the road therefore we have to close off the public access . So what happened . 15 years went by with no public access on Christmas Lake. It took almost an act of Congress in order to get that changed . It ' s that attitude if it prevails, will cause the same problem again. Somewhere down the line there will be no public access on Lake ' Minnewashta . Maybe none on Lake Ann. Who' s to say that somewhere down the line Lotus Lake or any other lakes are all going to be tied up. Under the circumstances it becomes very equitable . iRay Roettger : Can I rebutt that? Number one, the property between Mrs . Moore and my property is a private outlot that gives rights to Sterling 11 the Number two, I think you can go out and talk to the fishermen and the older couples you ' ll find that I welcome with open arms anybody that wants to park in the street, walk from my property or down that road to go to fish on the lake. In fact , I 've let them use my boat . It is not those ' people that I 'm concerned about. I 'm concerned about the people that think they have a right and abuse it. As long as I can get down to that lake, I can park anything down there and I don ' t have to take care of it and I don ' t have to pick up and I don ' t have to clean up. That' s what I 'm talking about restricting. But for him to bring his fish house down along side of my property, why he can do it as long as he doesn ' t block my driveway. Like I said, I ' ve even let some older people who live down around on surrounding property, I ' ve seen them go across . . . People travel through there all the time and I 've let some other older people use my fishing boat so. Mady: Before we start repeating here , is there anyone new that would like to have a word? Cindy Gilman : I 'm Cindy Gilman. I represent Lotus Lake Association and read the amendment. I think it' s good. I think it helps clarify. I think it leaves it open for someone who wants a raft regulation to get on there. I know Sunrise Hills is not the only one with a permit on Lotus Lake. There are 4 others so there should be a way for them to get a permit to have a raft out there. We like the way it reads and I think it helps clarify. ' Thank you. Park and Recreation Commission Meeting December 13 , 1988 - Page 14 ' Mike Schroeder : I guess I got a little confused here on what was the purpose of this whole ordinance. I ' ve heard that it' s so people who own lakeshore can' t go to another lake and have a dock. That we want to protect the people from the raft on Rocky' s area, that that' s been grandfathered in or do you have more instances of people setting up and mooring a boat on a different lake than what they own lakeshore on I guess . Then we have the people over here and they' re matters . All of these things seem to be, I 'm not sure it' s clear what the City is really trying to do. It kind of seems to change as the discussion goes here. All I know is that at the end of the whole thing, I end up losing my mooring so for me, that' s the purpose of the whole thing and that' s where I 'm coming from. If you want to work with Carver Beach and that area and developing that area , it sounds like you have some plans to do that. I think we'd love to hear it. What are they? I thought that was a lot of the discussion for tonight was going to be. What we can do with that area to develop it and improve it. We' re interested in that but. . . Mady: . . .how we usually handle these things . Typically we open up the public discussion and we get all your thoughts out right away. Then once everybody has kind of said what they want to say and we start discussing II through the panel . We' ll open up at one side and go to the other. You ' ll sample what our posture is on this concerning Rocky' s raft and . . .we' ve got some pretty good ideas for you that we can help the whole situation. We haven' t gotten down to that point yet but when we discuss that, you will be allowed to put your comments in at that time too but right now what we' re trying to do is get as much information out from you as we can so that when we start talking about it, we can also address all of those things too . There might be something that we didn ' t think about . That ' s II kind of how we have handled it in the past. Mike Wegler : I don' t know if you are aware of it but that land there was donated by the people of Carver Beach and stuff like this. There' s 3, 000 feet there and that' s a lot of land. There hasn' t been a lot done there for many years. The useage of it has not really increased since I was a kid. There were a lot of kids down there when I lived there as there is now. . . The raft, I have a neighbor just up the hill , the raft' s been there for over 30 years . I don' t know if you were aware of this but that ' parcel of parkland down there, that 3,000 feet that was donated. The park up on the hill where that skating rink and the ball diamond stuff is , that park down there, that was donated. Carver Beach did not belong to Chanhassen . Carver Beach was it' s own . We could have went to Shorewood. We could have went to Chanhassen. We elected to go to Chanhassen. We felt that Chanhassen would do a better job working or whatever . Now we' re thinking . . . ' Hasek: I have a quick question for you. What was the land donated to the City? Why would anybody want to give 3, 000 feet of lakeshore away? i Mike Wegler : At the time we had a few homeowners paying taxes on it who figured it would be better to give it to Chanhassen for parkland so that everybody could use it and that it would be. . . ' I . . Park and Recreation Commission Meeting ' December 13 , 1988 - Page 15 Roger Byrnes : There used to be a clubhouse where the ballfields is now. The Carver Beach Association. . .clubhouse. . .and that ' s how we paid the ' taxes on the land . When the clubhouse was torn down. . .generate any money so we said, let' s donate the land to the City. We gave the land to the City with the stipulation that it would always be for the people of Carver Beach and will always be for the public. That ' s the way it' s supposed to be. Now we feel that they' re trying to run the people of Carver Beach off of the land. We feel we have a right to use that land . We feel like we' re getting slighted . We gave the land to the City. At that time the ' Council . . .understood the situation. In fact it was the first neighborhood park Chanhassen ever had . The people in Carver Beach worked with the City. When that beach was built out there, the City said, well , we ain' t ' got no labor . We can ' t put in a beach. Those people were saying, you guys find some labor and all the people in the neighborhood went down there and cut the trees down. They did what they had to do and they built that beach. They maintained it. When the torando went through, all the ' people in Carver Beach went through there and cleared the roads and we' ve been clearing dead trees out there ever since and this and that and trying to keep it up. All we ever get for effort is get out of there. It seems ' like all the neighbors get out of the city is , you guys . . . is get out of there and let it be junk in there. It seems like the City has never, they' ve spent minimal . They' ve spent thousands of dollars on these other parks but their oldest park they have and they' ve shut it down to a ' minimal out at that park. There ' s great potential down there. It ' s a nice piece of property. It' s no good for playing ball and it ' s no good for flying kites but it' s great for fishing . It ' s great for swimming . ' It ' s great for boating. That ' s what it should be used for . Nobody seems to understand that. They don ' t want to . They want to just let it be full of poison ivy and dead trees and keep everybody off of there . ' Mike Wegler : Taking the little bit that we have, taking it away, it really burns. One thing it doesn' t do. . . Roger Byrnes : When there' s 3, 000 feet of lake on the other side of the lake looking over, it looks like you ' re looking through the north woods . I can. see why the people don ' t want it to be developed . They don ' t want to fix that land up a little because they live out across the lake and they look like they' re up in the north woods because they don' t see nothing but trees and dairy cows. But if you get close to it, it looks pretty bad . . . ' Mady: I think you recall last year the Park Commission toured your , last year when we talked with you then. Roger Byrnes : . . . I was down here talking to you and it seemed like you guys were really down here trying to figure out what you can do and how ' people can use that land . I walked over . . . I don ' t know who it was but I heard somebody, I was standing up here and somebody told the guy he had to get the hell out of there. I couldn ' t believe my ears . The Park Commission runs a guy off the park. Mady: We asked him if he was catching fish . Park and Recreation Commission Meeting December 13 , 1988 - Page 16 I Roger Byrnes : Somebody told him he was parked illegally and he had to get II out of there. Mady: No , we told him he was parked illegally but we didn' t tell him to I leave. We asked him if he was catching fish. Laura Bros : I live at 6771 Chaparral Lane but I grew up on Lake II Minnewashta so I feel like I do have a vested interest. My parents still live there. My in-laws still live there and a concern that I have, there' s always a battle between lakeshore owners and non-lakeshore owners as to rights . I think the lake is public property and everyone has the right to use the lake but my concerns are that some of these outlots need to have some policing or some restrictions or some way of checking up. You may not have a problem on Lotus Lake. You may not have a problem on Lake Ann but we do have a problem on Lake Minnewashta with some of these outlots. One in particular just down between my parents and in-laws. It' s very small . It was small enough that it doesn ' t warrant a dock out there II and yet we've had a raft out there and 2 boats and someone even came in and put a boat lift with a pontoon boat on it in a space that ' s so narrow there isn' t hardly room for it at all . I think people, maybe they' re II conditional use permits , whatever , but that needs to be looked into on an individual basis, like he said, so that you can decide, yes there' s room there and how it should be used so you don' t end up with all this . The raft that' s been out there and placed so far out into the lake that it' s II dangerous . People coming down in boats with skiers , you can ' t see the raft it' s out so far. And it sticks way out into the lake so if they' re going to have a raft , then maybe that needs to fall within the guidelines II of where it can be placed too. So that was just a concern of mine. I agree with you on that amendment but I think it needs to be looked at carefully and have some restrictions or some way of checking up to make . sure that things are being followed through on. II Hasek: Where do your in-laws live on Minnewashta? Laura Bros : My folks live right on Minnewashta Lows and my mother-in-law II lives _ on Minnewashta Parkway. Is it Minnewashta 2nd Addition that has the outlot there. It' s been a real problem the last couple of summers . Thank you. Resident : Some of these people, the complaints they have, unfortunately, ' if they checked into it as it says in that deal from the DNR, the DNR and II if you talk to the gentleman , I gave you the name that works for the City of Prior Lake. One of the reasons that they no longer , they did have some ordinance for a period of time and they no longer do and it ' s for some of these very reasons. Of the battles between non-lakeshore owners and lakeshore owners . Due to the fact that they' ve got the same kind of problem. The guy with an outlot should be able to keep a boat there. If you can keep 5 boats , 6 boats , whatever it happens to be. The DNR has II specific rules regarding that. Regarding a raft that' s too far out in the water . The water laws state that if it hinders navigation, all you have to do is get atiold of the DNR. It' s going to be pulled out. If it' s not II licensed , it's going to be pulled out . The DNR takes care of those things. The same thing on an outlot. If somebody owns that lot , maybe II Park and Recreation Commission Meeting December 13 , 1988 - Page 17 they' ve given somebody permission to use it of which they' re allowed to do under the Department and State regulations to have two boats on there. ' Whether it' s theirs or anybody elses . If it' s somebody' s property and it' s somebody elses boats, then you ought to get ahold of those people and let them know about it. A lot of these things can be taken care of under existing rules as they' ve stood for years and years and years. It' s unfortunate that people haven ' t taken advantage of those and I think that ' s the very reason, as the gentleman told me from Prior Lake, that they let it go back to this so they didn' t have to go through some of these things. Resident: Just as a side comment, I think it' s interesting. I happen to ' be a member of the Association that owns the beachlot that was just talked about . I 've been president of the association for 2 years and we' ve never had a single complaint. In fact, we' ve had all of our neighbors over at the parties on that beach so it'd be interesting to hear from those owners ' to see what the problems are because the abutting property owners don' t have any problems. Mady: Any other comments? We' ll open it up for Commission discussion. We' ll start with Larry. Schroers : I am in favor of the amendment. I believe that as our community grows, everybody sees all the development . . .and more and more people are using our parks and our waterways and if we don' t regulate them, it could get out of control so I like the amendment as it is. I do like the grandfather clause. I don ' t feel that we' re going to try to take your raft away as long as it conforms to the regulations . I 'd like to see it there. I 'm not in favor of taking away anything that currently exists as long as it' s maintained and it' s safe and it conforms with the regulations . In regards to the improvement of the Carver Beach area , we as a Commission have discussed putting in a fishing pier , boat moorings, a trail that will run along the lake and canoe racks . I think our intent is to continue with that effort and try to get some of these things installed . If it works out at Carver Beach, I don ' t know why it couldn' t work out at Lake Ann or anywhere else so I would like to see that happen. I also think that we need to direct staff to speak with the sheriff and find out the procedure for obtaining permits for the moorings and rafts and make sure that it' s publicized so the residents know how to go about obtaining permits. That ' s really all I have. ' Mady: It' s interesting , as Tom Hamilton said a number of times , the lakes, the city lakes in Chanhassen are beautiful . They supply a lot of enjoyment and tribute for their residents . They also happen to be the biggest headache for the City that could even exist because some of you. . . try to regulate that . Here again tonight , we have that again. . . hoping we can address this. Dealing with Lake Ann, Gerry mooring his two boats , we' ve attempted a number of times in the past through the grant application process, to improve Lake Ann Park. That included a 2 store bath house . Canoe rental areas . Boat mooring slips . All this type of ' thing. We' re continuing to try to do that. We just haven' t been granted the money from the State and it ' s our intent to do that. We have a plan. We need to address that because the ordinance as it ' s drafted is going to Park and Recreation Commission Meeting December 13 , 1988 - Page 18 affect , we need to look a little bit harder this year and maybe more next II year. Maybe we need to look at a specified, limit the number of permits per year . I don' t know if we' re ready to jump into the whole issue, feet II first and do it all the way across the board but maybe we can start doing a little bit of testing the water so to speak and find out how it' s really done. What the ramifications are. The legal liability. All those things. At Carver Beach , we toured that park. This year ' s capital improvement has $3 ,000. 00 in it for improving Carver Beach trailway. That 3, 000 foot strip of land there. What I would like to see do and one of the things I plan pushing for tonight is to have the City improve that II beach. That means marking it with swimming buoys so it is a marked , safe beach. We have to do that. If the City went in with a backhoe and pulled all the sand out, your kids are still going to swim there so we might as well make it right. I think we need to replace the raft. I 'd like to see I your raft be thrown off and I think the City should put one in. A nice, legal, properly maintained. You don ' t have any responsibilities. The City does it and does it right every year that it' s there. We can do that. We have the money to do it this year . I think we should do it right . Roger Byrnes : That sounds well and fine but i.f. . .and then 5 years from 11 now you' re out of here and somebody else is out of here and all of a sudden , now the City puts a raft at Carver Beach is kind of rundown, we can not put that back and we ain' t got no money to replace it. 3 years from now, 5 years from now the kids are out of a raft again . What ' s to assure us that the City will keep it there? Mady: There are no guarantees in life unfortunately. Roger Byrnes: Well , there is with you. Mady: The raft that you have is unsafe and I ' ll tell you why I feel it ' s unsafe. You have a pontoon sticking out from under the wrong side . Roger Byrnes : It ' s been there for over 30 years . Mady: Yes. You fall off that side of the raft, you ' re going to break your back. I think we should be doing a better job. It' s the City' s property and we need to have the City take care of it. We've had these problems other places where individual homeowners have taken care of city property. That' s not right. We need to make sure the City is doing it . The City' s got the budget . The City' s got the staff to do it. Let ' s make them do it because it' s open for everybody. It' s a city park. It's the public ' s right. ' Cindy Gilman : Can' t you put something in there so that the people of Carver Beach that actually donate the land and stuff, still can have some 11 control if the raft does go, if the City says 5 years down the road we don ' t have the money, the raft has to go, that the owners can say fine , we' re putting one out there. Too bad. There should be something there still because they donated the land . Sure, the City can put a raft out II there and take care of it and everything but something there so they still feel they' ve got a little bit of control . Otherwise, why give the City Park and Recreation Commission Meeting IDecember 13 , 1988 - Page 19 anything? I Mady: They can always look back and somebody can take it out or put it in. Resident : That ' s why we want to protect it so after 30 years . If you put I one in and it goes, give us the right to put it back in. We' re a non- conforming use. . .we' ll put it back in . We' ll make it to the standards and everything else. It doesn' t say anything in the standards about the point I stuff. We realize that was an old pontoon. We made it. We didn' t have the money to go out and buy a nice aluminum pontoon. I Mady: It ' s the City' s responsibility. You do have a liability in that raft right now if you have a problem unless we get rid of that liability. There' s no reason for you to have it. If something happens now. . . I Roger Byrnes: I agree with you wholeheartedly. All I want is some kind of assurance that 5 years from now it ' s still going to be there and 10 years from now when my kids have kids and my grandkids come over. I moved II into this city and I ' ve been here for 15 years and I plan on being here for the next 15 years. I ain ' t one of these guys who moves in and moves out and come in here and screw things up and tell me I ' ve got to get my raft out and then leave. You know? Here I 'm sitting with no raft. I 'm I going to be here and my grandkids are going to be here and I want that raft out there for my grandkids . IMady: I don ' t know how we can do that . We can have staff look into that. Boyt: I have a recommendation. IMady: Okay. The other thing I want to talk about and concerns we were talking about the fishing place. There are a lot of people that use that area to fish in. It ' s wonderful . It ' s a great beach area . It' s a great I fishing area. They should be allowed down there. Unfortunately, with all the no parking signs down there , they can ' t get there . I would like to see us allow parking in a designated area along the street. I don' t I really even care which side of the street it is . I know you' ve mentioned that you don' t have a problem with this before. It doesn' t have to be many spots but at least that guy who was down here last year with a couple I of other people that were fishing for sunfish and caught a couple. He should at least be able to be. . .and when he sees us and we' re the City coming at him to. . . That ' s what he did basically. He saw us coming and he started packing up right away. It ' s unfortunate . He shouldn' t have to Iworry about that. We need to improve that situation. Roger Byrnes : I ' ve got a comment there too. We and Mike were looking out there and Mike works for the City. There are some places on that land Iwhere it could be cut in there with maybe 2 or 3 little trees cut down, that a few parking spaces could me made here. There. A couple here. A couple there . All the way around that whole strip. There' s some over I there by the new beach. I don ' t know, the other park is facing with no parking signs go up and down about weekly. Once in a while you park there and sometimes you can' t. What could be made is a couple parking spaces II Park and Recreation Commission Meeting December 13 , 1988 - Page 20 I IIand then some place where the road is wide enough where you can take down a couple no parking signs. I don ' t think there's a problem with that. I 'd like to see people get access to it too. I Mady: Our aim is to improve the utilitization of our parks. That's what we want to do. I think I covered by points . Hasek: I guess that I feel that if we' ve got public property on the lake II that it should be, actually any public property whether it be just a normal park in the middle of a neighborhood or a beach such as this. Use I property on the lake that' s some 3 ,000 feet long , that it ought to be maintained for the citizens of Chanhassen. That' s everybody. It' s not just the people who are abutting that particular park or live in that particular neighborhood. I think that they ought to be accessible. By II accessible I 'm not just talking about parking spaces . I 'm talking about handicap accessible because at some point in time I 'm going to qualify for that and I want to be able to drive down and use the parks and I don' t II want to have to walk 5,000 feet to get to a park to use it. Some of this is related to another issue but nonetheless it ' s still pertinent. I also feel that if the City is going to allow for mooring or tackle the 11 situation of perhaps canoe racks , rental canoe racks , that they like what is thought to be equally available to every member or every citizen of the City. Not just the abutting property owners . The beach was given up but it was given to the City and it sounds like it was given because it I couldn' t be maintained by the Association and that ' s understandable. We' ve had that situation occur in another case and in my opinion we' ve created a private park for a neighborhood and I don' t feel very well about II that at all . I would hate to see that happen to this particular park as well . I would like to see more parking spaces put in if it' s at all possible. I think that they ought to be spread out so that the entire park can be used . Again , I think if the city is going to put a park in II there, they ought to at least have the courage to take the responsibility for keeping it clean and to maintain i.t. I guess just a side issue to that. You have a park. I live in an area of the City that doesn' t have a ' park. That' s the way it is. . . Robinson: I agree with the ordinance as it ' s amended . I think there has to be some restrictions on parkland or lakeshore or lake close to the park ' so we don' t have 50,000 boats out in front of the parkland. I think it' s also, we've got to let these people at Carver Beach have their swimming ' raft out there. I mean , that ' s ridiculous . So I think we control that by I permits or a variance or something. Whether they be grandfathered in or , I 'm not sure if that ' s the right approach . Maybe we do it by permit or allow a variance. There are variances on everything else. There ' s an I exception to every rule. I think there' s got to be some exception here. Boyt: I would like to see us form a committee with some of the Carver Beach neighbors to look at what can be done with the park. What they II would like to see done with it. We've talked about putting rafts , a swimming area . . We want a raft there and I think let' s work with the neighborhood and see what they want. I am interested in boat moorings 111 being made available to the people of Chanhassen on our lakes at our parks. One possible way to do that is, there are a lot of ways to do it II Park and Recreation Commission Meeting December 13, 1988 - Page 21 but it' s an interest that ' s been shown in the community. People want to be able to leave their boats there overnight and that ' s a way to do it. I support the ordinance amendment. I would volunteer to be on the committee to work with the Carver Beach owners . Sietsema: We may be able to accomplish that by having a meeting that ' s ' specifically, with the entire group and invite the whole neighborhood but specifically just for that item too . Mady: That' s sounds logical . Boyt : I think we need to take advantage of their interests. If they' re interested in even raising the roof. I don ' t think we should turn down an ' interest like that in the park. Mady: I guess I don ' t look for us to form a committee. I think you can handle it here. Especially this time of year. Our agenda usually allows for us to do that. I would hope that we ' ll work with staff to get something accomplished in that realm. We do have money available in our budget to do something . It sounds like you ' re willing to do a little bit there. We need to cover that whole park. We recognize we need to do a trail easement. There ' s poison ivy down there. There are trees falling over. That needs to be cleared out. There are ways for us to do that ' with both Eagle Scout projects that have been very successful to the larger beach such as Carver Beach. The beautification that was done with the parking area was an Eagle Scout project and did , in my opinion, a very nice job up there. We can utilize some of the Scouting skills to take care of some of that. They do a nice job. They gain some recognition. Get a few points for their Eagle Scout Badge and it really works out well for all parties involved . 1 Hasek: What kind of action is required with this discussion? ' Sietsema: The City Council directed the Park and Recreation Commission to review the amendment to see that it was in compliance with what we wanted to do in the parks. If you ' re in favor of it, you just simple need to make recommendation for approval . Boyt : We can go beyond that too and deal with boat moorings because w g we can go beyond this and allow boat moorings in our parks . ' Sietsema: This would not prohibit us from putting boat moorings in our parks. Boyt : The way it was stated , I thought it was implied from the City Council that they would like us to discuss that, the boat mooring issue. Mady: I think we need to find a little bit more information on the liability. On access. Find out how other cities have determined the numbers that they allow. Where they' re put in place. Right now the ones that are coming up are people are putting them out near their homes. I 'm not so sure that if we did it as a park, the situation of allowing moorings or that people felt they wanted them. I Park and Recreation Commission Meeting December 13 , 1988 - Page 22 ' II Boyt : You can see on the parkways , the Minneapolis parkways , they have designated areas for boat moorings . II Mady: Minneapolis , the parks , the lakes are entirely, outside of a couple areas around Cedar Lake, those areas are entirely public so they have some . . . situation. I Resident : I have a pamphlet , actually it' s a stack of papers that dictates for the Park and Rec Director for the City of Minneapolis on it ' s II way to . . . It was used for the City of Bloomington in their new program at II Normandale Lake where they' re going to put in their canoe racks, etc. and it was also , the same plan was used by the City of Deephaven many years ago. I Mady: Thank you. A side to that also. The ordinances that we have concerning our lakes , a lot of them were drafted by the White Bear Lake I ordinances. They' ve dealt with a lot of these problems prior to us . We typically steal whatever we can from other cities so if we can use something from Minneapolis , we certainly will . We can always find out II what problems they' ve had and try to get around those things . A motion is in order . I ' ll make a motion that the Park and Recreation Commission recommend to the City Council approval of the amendment to Chapter 6 of the City Ordinances and instruct staff to investigate the possibility of II moorings in the city lakes and set up a meeting with the Carver Beach residents to look to improvements to the Carver Beach linear park. Boyt: I ' ll second it . I Robinson: Are there any exceptions? Is that just black and white? Mady: There' s always the ability for a variance. II Robinson: Okay, and I ' ve seen the discussion that the City Council wanted the grandfathered in in that. Is that in the ordinance or is that a part of that? Sietsema: If you want to recommend that a section be written up allowing 1 for a variance, you should include that in your motion because that' s not included in this amendment . Roger Byrnes : . . .because the way the ordinance is written , we' re already II grandfathered i.n. Sietsema : This is allowing a variance for mooring of boats . The rafts I are grandfathered in but the moorings are not so that would require an amendment to Section 23 of Chapter 6 allowing for a variance. IIHasek: It says right at the bottom, removal of seasonal docks and moorings and other structures shall be removed from the lake before November 1st of each year . All non-conforming moorings and other II structures . .: II II Park and Recreation Commission Meeting December 13 , 1988 - Page 23 Sietsema: With the exception of rafts . Read on. Hasek: Except docks and swimming rafts. I apologize. Once removed may not be returned to the lake. Non-conforming docks are regulated by Section. . . I Sietsema: So the moorings would require , you either want to grandfather those in or look at them on a case by case basis and have a variance. I Mady: I guess I would like to see us , in my motion , to allow for a variance opportunity and it would not come under 6-23. That' s concerning structures . Moorings would have to come under . . . Sietsema: I believe it' s outlined in Barbara Dacy' s letter. Mady: I would like to see us allow for variances to the ordinance. Schroers: And will the variances allow us to address a specific situation? Mady: It would have to be in response to a specific situation. That situation would have to come in front of the Council and the Council votes on it. It takes a four-fifths vote of the Council to approve or deny. Sietsema: 6-23 is variances . Mady: Yes , but that ' s only structures . Moorings would go under number 1. Structures are a thing . . . Sietsema: Okay, Roger would figure that out . Mady moved, Boyt seconded that the Park and Recreation Commission I recommend to the City Council approval of the amendment to Chapter 6 of the City Ordinances. To instruct staff to investigate the possibility of moorings in the city lakes . To set up a meeting with the Carver Beach residents to look to improvements to the Carver Beach linear park. And to allow a variances section in the Ordinance to cover moorings. All voted in favor and the motion carried. Fred Oelschlager : I just had one question. Others brought this up a while ago but the meeting went along pretty well as far as understanding I and so forth. I 'm Fred Oelschlager at 7410 Chanhassen Road . I 'm also a lifetime residnet of Lotus Lake. I 've had no problem with the raft at Carver Beach. I 'd like to see it cleaned up and so forth. I go along I with them fine. I just want to hear something from, I think it' s . . . Boyt : Sue . I Fred Oelschlager : Sue , on the mooring of boats on park property. Can you just explain that quickly? I II Park and Recreation Commission Meeting December 13 , 1988 - Page 24 1 Boyt : I want to look into it. II Fred Oelschlager: Is it the numbers you' re talking about? I Boyt : We' re not talking about numbers yet. Fred Oelschlager: You' re going to open up a real can of worms there . I Boyt: That' s something that you guys will come in and talk to us about. Fred Oelschlager: . . .and you have a brand new public access on the lake. I You open up one of the best area, and I think that should be all that ' s necessary. I don' t even live on that end of the lake is what I 'm saying . II Mady: You have 3 park areas on Lotus Lake with South Lotus Lake Park, North Lotus Lake Park and Carver Beach . Fred Oelschlager : Like Lotus Lake Estates , Sunrise Hills. They' re I limited to the amount of boats that they can put on the lake basically and now you want to start mooring boats out in front of park property. I just want to let you know where I 'm coming from. Mady: You recognize the issue there. We' re probably going to have a fairly heated discussion when it comes to that and we recognize that . I Fred Oelschlager : Alright , thank you. Ray Roettger: That boat mooring business, you'd better really be careful . II I appreciate where these guys are. They' re fine people but they better also be very concerned because I could take a boat and moor it right in front of your swimming raft and you wouldn ' t want that. I Mady: Not in a public beach you can' t. • Ray Roettger : If I can ride by water over to the area that you would use. II Resident: . . .anybody from Lotus Lake could go and park their boat here. The people don' t do that . II Ray Roettger : But once it' s written in and you get some smart attorney, that' s not kind hearted, he could really create a problem. II Mady: That' s what we ' re trying to employ all the problems. We have a tendency, this Commission has the tendency to be very proactive and look II out for the problems so they don' t occur . We try to be fair to everyone. Mary Jo Moore: I 'm a little confused when you say that the non-conforming rafts that are currently there will be grandfathered in? Mady: As longeas they' re legal. There are certain requirements and they can still . If they' ve got a raft in your situation, it ' s too low in the water , doesn' t have a permit, even though it' s non-conforming, it ' s still illegal . II I Park and Recreation Commission Meeting December 13 , 1988 - Page 25 i Mary Jo Moore : It' s non-conforming to the structure standards also . That' s my conclusion. So that would go? That would not be grandfathered in? Mady: I guess that' s a question for the City Attorney. Boyt: If it doesn't fit our standards right now, then it could be taken out right now. We have standards set for rafts . I don' t know who it is. The Sheriff or someone but I think notify. . . Mary Jo Moore: Of course now it' s out , the lake is frozen. Boyt: But someone needs to notify the sheriff . Mary Jo Moore: But that type of thing would not be grandfathered in? Boyt: Not if it doesn' t meet the standards set. ' Ray Roettger : How many are out there that can be grandfathered in? Mady: It sounds like 4. You' ve got one. There' s one next to you . Jerry' s got 2. I thought you said there . . . Ray Roettger : No, that ' s a dock. ' Sietsema : There' s probably quite a few. We wouldn ' t know until they came in and asked us . Mady: Again, when we go to public hearing this thing is going to have to be very defined out. Resident : Hasn' t anybody come forward and said , that they' ve applied for ' a permit and they' ve gone through the whole process legally. Now this issue comes up to take it away. Resident: Wasn' t everybody ticketed? Mady: The Y attempt was made, yes . ' Resident : So how many people does that involve? I know about only on Lotus Lake. ' Mady: In some situations , the boats were removed prior to the enforcement officer getting there so we really don' t know. ' Robinson: The only boats that were removed , as I understand it , were boats that were actually on land. All boats that were moored were contacted . Lori , isn ' t that correct? ' Sietsema: I think so. Robinson: There are only 4 boats . 1 Park and Recreation Commission Meeting December 13 , 1988 - Page 26 Mady: There may be more. Things seem to always come out of the woodwork . Resident: Okay, but why can' t citizens who were here and we' re 1 representing ourselves and we've come to both meetings, why can' t there be a clause just to grandfather us in? Because we have proof that we have had it there for 2 years or longer or whatever . If you can grandfather in the raft, how come you can' t grandfather in these? Mady: The raft that ' s there is a non-conforming use. I 'm not sure the raft is a non-conforming use. I really don' t. Resident : It ' s been listed as a grandfathered in raft . Mady: I guess I 'd feel a lot more comfortable if Roger Knutson was here, the City Attorney and he told me whether that ' s a non-conforming use because my understanding is that a non-conforming use goes to the person who owns the property. In this situation, the City owns that property. The land. I 'm talking about the land. That ' s where non-conforming use comes to. 1 Resident: But the raft is in the lake which is not city property. Mady: But see, that I don' t know. That ' s what we need to find out. 1 Hasek: It really doesn ' t matter . All we do is make recommendations and suggest a policy. The City Council is going to have to act on it and they' re really your, right there are yours . . . Mady: What we say doesn' t necessarily happen. Resident : I understand that may be the case but certainly you have a number , there ' s been an adjustment for a raft and somewhere there' s been an adjustment for docks but there has not been an adjustment for moorings. t That just isn' t there. There' s a reason why you ' ve ignored those and I don ' t_ know why you ' ve omitted it. You know it ' s something that ' s going to be a problem or what? Why are you ignoring it? ' Hasek: I 'm just not in favor of it. Resident: Is that a bottom line? Hasek: Personally I 'm not in favor of it . If someone had suggested it in a motion, I would have probably voted against it myself. ' Resident : I appreciate your honesty and openness on that because it seems like. . . Hasek: I 'm more concerned about , I ' guess what I 'm very concerned about is the fairness to everybody in town. Just because someone has been doing something forever does not give them the right to continue to do it. ' Park and Recreation Commission Meeting December 13 , 1988 - Page 27 Lynn Hall : I understand that but then the same case can be made, because the raft has been there, or the dock has been there, does that mean they should be grandfathered in? You' re making a differentiation between moorings and dock that doesn' t, the logic falls through there. Hasek: I think you' re maybe right . Lynn Hall : I guess in my situation it ' s unique , completely in the County as far as I 'm aware of and in this particular instance I will , this property is fee simple title owned by myself. We' ve talked about public park property and mooring boats off of that property. Right now if your recommendation lacks that grandfathering clause in , potentially with a four-fifths vote, as I spoke earlier , there ' s a hurdle that I 'm going to have to jump once again for a use that' s been acknowledged and verified by the City. In my situation, from a single owner and that property is valued in accordance with the use of that property so it ' s critical at this point. Your position and your recommendation, obviously you hold weight as a voting body to make a recommendation to the Council . The point is made here that the difference between those two particular items , the raft and that particular structure of a moored boat , I fail to see the difference if a craft' s in the water , one ' s moored and one isn' t but it' s obviously from the standpoint that people like myself in this unique situation that grandfathering is also very important. tMady: In your situation , you' re a non-conforming use has been established and you ' re covered under the amendment. Sietsema: No . Mady: I thought it was a non-conforming use? Sietsema: No , he' s a mooring and not a raft though. ' Hasek : Would you help by just explaining exactly what your situation is? Lynn Hall: Prior to the sale of the property, there was acknowledgement from the City as an authorization . . . ' Hasek: What is the property like? I mean how much shoreline do you own? Lynn Hall : There' s 20 feet of shoreline . Hasek: Is it a pie shaped piece of property? Do you own an outlot across the street? Lynn Hall : It ' s an outlot down at the end of a cul-de-sac between two ' properties. Hasek : Then it' s an old fire access or something? ' Lynn Hall : It ' used to be the old boat landing from my understanding years gone by. The asphalt that I pulled out this summer , I 'd say there was a road there at one time. Park and Recreation Commission Meeting December 13 , 1988 - Page 28 , Hasek: How did that come to you for sale? Lynn Hall : That was included in the parcel . It' s been attached quite ' some time ago to the property with the house that I own. It' s fee simple title. Hasek : So the owner of that house must have subdivided the property and kept that piece as an access for himself? Lynn Hall : It was added onto the property at some point in time. It was 1 separate years gone by but it' s not clear . The Abstract unfortunately was lost on this property a number of years back and has been recreated . Somebody did some recreation from what the attorney says at this point . Nevertheless , the way it ' s titled currently, it is fee simple. But with the current amendment, no, I am not grandfathered in so I would be stripped of a use, a non-conforming use that I have. That gets into a completely different situation again. Hasek : Not in terms by virtue of the fact that you only own 20 feet of shoreline instead of 100 feet and you don' t have a residence on the property? Lynn Hall : Yes . ' Boyt: It was my understanding that part of the public hearing tonight is to discuss boat mooring and I don' t think we' ve done enough of that as a commission. Mady: I don ' t know. I guess my feelings are that we've handled boat moorings. I feel sorry for you. I don ' t want to open up a can of worms however in the mooring situation right now. I think the City needs to address it as a whole instead of allowing 1 or 2 moorings to take place. I think there' s a better way that would be fair to all parties . Not to discriminate. Just because somebody has been, and this is my feeling , just because one person has been doing something and this mooring issue came to us , we didn' t go to it. ' Lynn Hall : I understand. Mady: If there are people who have problems and it' s going to affect you II but it also affects the people who live next door to you, according to everything I ' ve read here. They have a real concern too. My opinion is , I fall on the side that I don' t want to open a can of worms right now for just a couple of people. I 'd rather see us deal with the whole issue for the entire city. Lynn Hall : I 'm in agreeance in the amendment change with the exception of the grandfathering. I 'm not asking you to open a can of worms and take a public vote on who would like it and who wouldn ' t like to begin mooring their boats. The ramifications are far beyond us sitting here today. If I 'm stripped "of a right , obviously a devaluation of my property, then we' ll be forced to take issue with that. That' s where it comes in. I r • Park and Recreation Commission Meeting ' December 13 , 1988 - Page 29 understand what you ' re saying Jim and there' s two sides to the coin. If one argument is the devaluation of the property value because what I think to be a decent boat , not restricting any access from either neighbor. On the other side of that coin is why should I have my property devaluated based on those concerns? I might add that this is a concern of one particular individual . The other neighbor has offered to let me use his dock even but he unfortunately can ' t. Hasek: I think our charge is to look at the broader issue. I think the ' grandfathering will have to be argued by the individuals with the Council . Mady: . . .handle some of these situations. It' s the councilman' s job and when you get to the Council , it will be their responsibility to make that decision. Not ours . Robinson: But Jim, the agenda said boat moorings and dock ordinance. Mady: And we talked about it. Unfortunately, it didn' t go the way you wanted it to go. We did discuss it . I talked about it. Ed ' s talked ' about it. We did talk about it for maybe half an hour . . . Lynn Hall : I can understand what you ' re saying but on the other hand you ' re saying that it' s an issue that you don ' t want to get into because ' there isn ' t enough people here or whatever . They all had the same opportunity that we had to be here. Just as I had to find out, even though I should have been notified , and under the circumstances it ' s an issue that' s going to have to be dealt with sooner or later so isn' t it an issue that at this point as far as you ' ve gone with it, that isn' t it an issue that maybe should be, as Sue said , dealt with a little bit more? Boyt: If we ' re against it, we can say we don' t like the idea of boats being moored at our public beaches and lay it out flat like that. But , they can apply for a variance with the City Council. Right? That' s what we' re saying . Lynn Hall : So it is going to be in your minutes , that at least it ' s going ' to say that it has to be looked into even harder and there is going to be another meeting. At that point you ' re saying it ' s not going to be the Park and Rec but it' s going to have to be City Council that does the next step? Mady: No . What we said is , we recommended to the Council to approve the ordinance as it stands and to look into a couple other things . One of the ' things we do intend to look at and have always intended to look at was the mooring issue off of city property because that ' s where we get involved is really city property. I 'm not real sure why the mooring situation , ' specifically at Lynn' s property, came in front of us . It' s usually handled in the planning area . It ' s not something we have gotten involved in before. ' Boyt : We are also dealing with , we have right now some folks who are at our public parks. We' re saying with our ordinance amendment that that will no longer take place unless they' re. . . r Park and Recreation Commission Meeting December 13, 1988 - Page 30 1 i Lynn Hall : Are you specifically stating public land? Hasek: We' re involved with public land. That' s what I keep trying to tell you. The private sector should be the job of the Council . I certainly don' t want to start getting involved with every private feud that there is on ordinances in this City. I 'm not getting paid to do that. I think if we continue just to deal with the public land in the best way we know how and trying to help the Council with that , I think we' re doing our job. , Boyt : It says in our amendment that no watercraft shall be moored and we' re talking about all watercraft. Mady: But at this point in time that' s when we ask for a variance situation would handle you. Lynn Hall : But your jurisdiction is over public. That ' s what I just heard you say. Not private and then you' re saying overall so . Mady: We really don ' t have any jurisdiction at all . We' re simply a park II board that comes here and invites the public to make their comments . Those go into the Minutes . They go to the Council . The Council reads all of that hopefully and takes it into consideration when they make their decision because sometimes the Council doesn ' t open it up for public discussion. Sometimes they do. This is your opportunity to get your thoughts out. I Sietsema: The includance of the whole thing about the variance only indicates to the Council that the Park and Recreation Commission feels that it ' s something that they should consider . It ' s not really this Commission' s area to even talk about the variance situation except where it applies to public land . So it' s really an issue that' s got to go back to City Council and they just made a comment on it so that the Council ' knows that they' ve listened to you. That they've discussed it. Lynn Hall : But you are also saying, and correct me if I 'm wrong, that if I get permission from another landowner to moor my boats in front of his II property, if I don' t own the land, I can' t park there? Sietsema : That ' s right. Lynn Hall : So that goes for somebody who owns land, let ' s say these two people right up here on Lake Minnewashta . If they want to have their son II park their boat all next summer in front of their yard , or in front of their property, they can' t do it unless they get a variance? This is the only city in the 7 county area that will have done that. ' Boyt: It says a member of the owner ' s household. Lynn Hall : So` it' s a cousin? I r 1 Park and Recreation Commission Meeting 1 December 13 , 1988 - Page 31 1 Hasek : I don ' t know if you made all the discussions with the LMCD but on Lake Minnetonka it is illegal for you, unless you are a property owner . ILynn Hall : No it isn' t. You can have 2 boats . Lake Minnetonka Conservation District, you can have 2 boats or less. Read it. Two boats or less . Anybody can own them if you get permission. Anybody. If you I have 3 boats or more, they all have to be licensed to you or your immediate family. I Hasek: I guess I would differ with you on that but I don' t have the ordinance here and. . . Lynn Hall : I 'm very aware. The gentleman who ' s in charge, his number ' s Iright here and you can call him. Mady: Let me interrupt you right now. I don ' t believe we' re getting I anyplace. We' ve made our recommendation. Before this gets to the City Council . We have other items on our agenda . We need to get to them. We ' re not going to resolve this tonight. You ' ve heard our recommendation . I We' ve listened to you and now we ' re rehashing and we need to move on. You have your opportunity, hopefully the City Council will bring your ideas up there. Again , if you haven ' t signed the sheet in the back of the room, please do so . I PUBLIC HEARING: I REVIEW CHANGES AND PLANS FOR SIDEWALKS ALONG CARVER BEACH ROAD AND LAREDO DRIVE. Public Present IName Address I Ron and Ann Kleve 6770 Penamint Lane Jeff and Cathy Clem 1011 Carver Beach Road Jerry._ Paulsen 7305 Laredo Drive I Joy Javurek 6780 Redwing Lane Chuck Snyder 500 Highland Drive Ray Roettger 3221 Dartmouth Drive Jeff and Anne Keeler 6771 Penamint Lane I Dave Rahe 1021 Carver Beach Road Mary Jo Moore 3231 Dartmouth Drive Jeff and Laura Bros 6771 Chaparral Wally Schwab 950 Carver Beach Road Sietsema: I 'd like to introduce Scott Harri tonight . He ' s the engineer I that worked on the plans and he will go through the plans and specs as he ' s prepared them. I Scott Harri : Thank you. I 'm going to be making a presentation this way so if there' s anybody interested, I know it ' s hard to get any kind of good functional thing . My name is Scott Harri and it ' s my pleasure to be here r CARVER COUNTY SHERIFF'S WATER PATROL • 600 East 4th. St. ' Chaska, Mn. 55318 Phone (612) 448-2111 REQUEST FOR PERMIT FOR A TEMPORARY STRUCTURE The following information is necessary to insure ro er and a P P accurate issuance of your permit. Please fill this form out completely, and return it to our office as soon as possible. Thank you. (PLEASE PRINT) Name: Date of Birth Address: Home Phone: Work Phone: ' Lake: I HEREBY REQUEST A PERMIT FOR: Mooring Bouy Floating Raft (Swimming) ' Swimming Bouys Ski Jump Diving Tower Slalom Course Other ' Please indicate ' PLEASE ATTACH A DIAGRAM OF THE LOCATION OF YOUR STRUCTURE, SHOWING WHERE IT WILL BE PLACED ON THE LAKE INDICATED ABOVE. IF IT IS NOT IN FRONT OF YOUR PROPERTY, ATTACH LETTER OF PERMISSION. Upon placement of this temporary structure, I hereby assume responsibility for its maintenance while under permit, as well as its removal upon expiration date. ' Signature Date I 1 k MOORING BOUTS I Once you receive your mooring bouy permit it will be effective for an indef- inite period of time. The only time you need to renew it is when your address or the location of the bouy changes or when your permission from the land owner is . revoked. A metal tag with your permit number on it will be issued to you by the Sheriff's Water Patrol. This is to be attached to your mooring bouy. Because ' these mooring bouy permits are not required to be renewed, the Water Patrol will take great care that the bouys are in compliance with the following regulations. ' 1. A permit tag must be attached to the mooring bouy so that it is clearly visible to deputies inspecting the mooring bouy. 2. The bouy must be white in color and encircled by a 3" wide blue band. 3. The bouy must extend at least eight inches above the water line and be ' no greater than 20" in width. 4. It must not be a navigational hazard. ' 5. On or before December 15th. of each year the bouy portion of the mooring ' must be removed so as not to create a hazard for winter recreation. 6. The mooring bouy must be placed in the same place each time it is put ' out. You also must notify the Sheriff's Water Patrol each year when you place your mooring bouy in the lake. Because each boating season start's when the Ice goes off of the lake's, your mooring bouy permit will be valid from such time, until December 15th. of each year. If you are not going to put your mooring bouy out, also notify the Sheriff's ' Water Patrol so we can make a note of it. If you move please cancel your permit with us and return your metal tag. r ' Thank You, aelL4 Sheriff Allen J. Wallin I h CITY OF �- C _ ANHASSEN y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 r (612) 937-1900 November 18 , 1988 Dear Planning Commissioners: Attached is a copy of the memo on the ongoing Planning items . A 1 copy was distributed at the November 16 , 1988, Planning Commission meeting. Items have been added to the list as a result of comments from the November 16th meeting. ' Please review this list and add any other items that you want Planning Staff to address . Feel free to prioritize the items if 1 you wish. This list can be used as a basis for Planning Commission and Planning Staff goals for 1989 . Therefore, more general goals can be added. 1 The attached memo will be your original copy to keep and any additional items added will be sent out as addendums to the ori- ginal memo. So, please keep the attached memo for reference. ' You may either submit comments/additions to staff in writing or by phone prior to the next Planning Commission meeting so that I can complete the list for the new City Planner. Otherwise, you 1 should provide your comments to Steve Hanson at the December 7 , 1988, Planning Commission meeting. If I do not see you before I begin my maternity leave, I wish you all Happy Holidays and know that you will enjoy working with Steve. - - Sincerely, Jo Ann Olsen Assistant City Planner ' JO:v 1 1 II Mark Koegler and Future City Planner November 3 , 1988 1 Page 3 removed prior to the other application process continuing . Mr. Winkels will be getting in touch with the tenants to have the illegal signs removed. Another outstanding issue is the motor fuel price signs for Brook' s Superette. The site plan review did not permit any signage on the canopy and the zoning ordinance only allows 4 square foot signs for motor fuel price signs to be located on the fuel pumps themselves . Brook' s Superette may be requesting a variance to the sign ' ordinance to allow additional or larger motor fuel price signs . Also, the developer of the site must resolve the issue of the fence behind the building. Staff has contacted Mr. Winkels about this issue and this needs to be resolved in the near future. There currently is a memo in the planning file from Barb Dacy discussing the issue of the fence and landscaping. I (Vicki - Send Mark all of the information for site plan appro- val for Roos mini-storage facility and copy of application and site plan and sign design for sign variance . ) Wetland Map - Staff has contacted Mr. Paul Burke from the Fish and Wildlife Service about using the Fish and Wildlife Service to update our wetland map. Mr . Burke said that they would be very pleased to do that. Mr. Burke stated that the Fish and Wildlife Service would review aerial photographs and also make on site visits to create a complete and up to date map designating the wetlands within the City of Chanhassen. There would be no cost to the city for this except for to buy the maps from the Fish and Wildlife Service and that we could also purchase mylars from them so that we can make our own maps. In addition, Mr. Burke will be working with the city to possibly come up with a computer program that would allow staff to punch in a certain area of the city and determine whether or not a wetland does exist on that site. Mr. Burke said that they would be initiating this in November or December and the map would probably be completed some time in March. Again, there is not too much involvement from city staff at this point but you should be aware of what is going on because the City Council and Planning Commission is very interested in this . I will be writing a memo to the City Council and Planning Commission updating them on the Fish and Wildlife' s offer to update our wetland map and I have also asked Paul Burke to write a letter covering what it is they are proposing to do. - Mr . Burke' s number is 290-3131 in case you need to get in contact with him. He is also our contact for any wetland alteration permits . He will visit the site with staff to determine what type of wetland it is and whether or not the proposed alteration is appropriate. Mark Koegler and Future City Planner I November 3 , 1988 Page 4 INovember 16 , 1988 Pryzmus Mini-Golf Course and Driving Range: John Pryzmus is I requesting amendments to his conditional use permit to permit him to have lighting,. signage, extended hours of operation, etc. for his mini-golf driving range operation on Hwy. 5 and Galpin Boulevard. It was reviewed by the Planning Commission and I returned to staff to look at amending the ordinance to include regulations for lighting standards , signage, hours of operation, etc. for mini-golf and driving ranges . The Pryzmus conditional I use permit file contains all of the updated information. The information has also been given to Mark Koegler. Reviewing Amendment to the Wetland Ordinance to Section 20-409, I General Development Regulations: I would like to amend this sec- tion by adding that stables shall not be permitted within 200 feet of a wetland. This is a condition of approval for I Conditional Use Permits for private stables in the RR and RSF Districts . The A-2 District allows stables as a permitted accessory use and therefore a stable in the A-2 District which is II located on property that contains a wetland would not have any specific setbacks . The wetland ordinance itself should be amended to contain this condition so that all areas in the city would have to comply with the setback. IIMoon Valley Mineral Extraction: Moon Valley is a non-conforming use located on Hwy. 212 . It contains a mineral extraction faci- I lity and shooting range. This fall the owner of Moon Valley began extracting minerals on the north side of the property where it is serviced by a road from Pioneer Trail in Eden Prairie. There have been complaints about this activity in that they did :1 not receive a mineral extraction permit and that it is questionable as to whether or not this could be considered as an extension of the existing non-conforming use since. Staff has I been in contact with the attorney representing Moon Valley and has requested that a they proceed with a mineral extraction per- mit application or else a stop work order on the site would be I issued. It appears that the owner of Moon Valley will proceed with the mineral extraction permit although they claim that they do not need to do this . They are accepting bids for the cost to provide the survey and recent information necessary for the '' mineral extraction permit process. Once they receive these bids they will make the determination whether they will pursue it or not. Should they decide not to pursue it, a stop order should be I immediately issued. The City Attorney Roger Knutson is aware of the situation and should be contacted to issue the stop work order permit if needed. General background - Moon Valley is extracting clay from the site for the Eden Prairie Landfill. I They are assuming that the mineral extraction will be completed within the next two or three weeks . The applicant has stated that he will not continue to use the northerly site as mineral Iextraction but will instead maintain the site as is for possible II Mark Koegler and Future City Planner November 3 , 1988 Page 5 future subdivision. Staff is requiring the mineral extraction ' permit so that we would have control over the extent of mineral extraction and the reclamation of the land. The property is in the A-2 District and mineral extraction is permitted as a con- I ditional use permit. Staff chose not to request the applicant to receive a conditional use permit since that would allow mineral extraction to be continued on that site. - A mineral extraction permit would have a set time limit. NOTE: Activity on the site has stopped for the winter. Staff is reviewing whether court action should be taken to require the applicant to still proceed with the permit now rather than wait until the applicant initiates activity again in the spring. The applicant' s attorney stated they will not proceed with the permit now and still question whether they would have to in the spring. Review A2 and BF Districts - There is a file on this with updated information. Review Sign Ordinance - Planning Staff has been directed to review permitting or prohibiting gas canopy signage. The sign ordinance does not specifically address gas canopy signage. Staff should also review illuminated vs . non-illuminated signage. Review Convenience Store Requirements - Several 1 cities are amending ordinances to require service stalls as part of con- venience stores. The current direction of companies ( i .e. Amoco, , SuperAmerica, etc. ) is to remove service stalls and have just convenience stores and gas pumps . Staff has contacted the City of Bloomington for a copy of their ordinance. The Planning Commission also wanted staff to review outside storage/display of sale items . Christmas Trees Sales - Review ordinance to allow seasonal sales . ' Zoning Ordinance Amendment to Sign Ordinance - To provide regula- tions for IOP District signs for large IOP lots and large IOP developments (-single buildings, "i .e. -Rosemount) .