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CC Soil Analysis 04-03-1981( SOIL TiliI.L'iSIS SPECIFIC APPLTCATI0N REQ[,IES]' b /iPPLICAI{'I Donal d t{al 1 a , Ha1 'lti Nursery E LABOI}\TORY U of 14 Soi I s Lab I':I{CC SITE NU;4BIR 326 327 DATE April 3, 1981 S/.\l,lPLE DATE Deceinber 2, 19BC 328 329 !_ sAl'lPLE I . D. : roR hi03-li FOR OTI.IER_ RESUI.TS 31 631 31F.,3?.31633 31634 TEXTU,IE I oam 1 oam I oanr1 odm ORGANIC i"IAI'TIR 2.9%1.9%2.3% I .9% r_ EXTRACTABLI P 36 lb/acre 31 ]b/acre 30 lll/acre 29 lb/acre tXCltANGf/\ilLi K 157 ]b/acre 178 ]b/are 130 lblacre 166 ]b/acre 7.0 6.6 6.8 6.9pH t.Ir4E T0 6.5 0 S0LUDLESALTS 0.3m;rrhcs 0.3miiihos 0.3 mmhos 0.5 nrmhos | il03-N : ADDITI0I'IAL IliF0lli4ATI0N: Soil Tvpes Site 326: ilaB (llayden'loant, 2-6i!' slopes) r_ Sitc 327: llii3, Ha82 (liaycelr 1oatii,2-6i; s'lopcs, err:ded) Si te 328: l'la82 ' Si te 32i: HaB2 , HaC2 ( lla.J,cien 'loam, 'o-12% sl opes , er"oded ) - 1 t'L I L I It- I I I.l Ii- i.t t 'coi'iPcsr . SToRAGI SPECI.FIC STTE APPLICA'TIOI{ RIQUEST $ii,JCC liT0il/rfili SiT! i':Ui"1tl[R 327 sl'r'[ iiijill]En(5) F0;1 SToRED SLUCGE 327 APPLiCI:l'l'[ Dcriald Ha]la L0CIITl0il Scc'ci tn Range Tor':nsh'ip SITE tlAl'l S';te Si ze Sto:-;:9e Dates SI'fE DISCRII'}TICii -.-- 9.*ti]v -roUi 25 23 1,1 116 N 25 acres I I I IL [.ess than one incnth t- I I tlL!Ff ['Fl Z0l'lI t)iSTAl'lC[5 llouse llesi derrti'al Road Devel opmcnt ) zcc tt. >600 ft. t00 ft. Teoo t'1.lli rer l'iell Surf:.rce l'latel^ Drai nage D'itch eY- !jll-q.v-jel:ur.u lii I:. -- - -- --hPi'L I Ciil'i 0ll PRi:l'i\RtD (I t I .COiiPOsT . STORAGE SPECLFI.C SLTE APPLICATI0i'I REQUTST t- Fir{cc si'OR,tiGE sirE }iui'iBER 3zg !. SITE ll$i3ER(S) rOR sT0il,ED SLUDGE 3?e APPI..ICAi{l' Dcnal d Hal'la L0CATi0ll Secii rn Range Tor'rnshi P SITi: I'LIrll Site Size b Sto:'ags Dates ,- Si'i[ DI-.SCitiP'fi(]l{ _ Gen!lii_t:oi_'lj8 116 N Less than orre montn 23 l,l I E 'gUi'F[n Z.CiiI DISl'/rliC[S tlouse Resi clenti al lleve I r:Pment Roird l'latcr lie'li Sut"iacc: lJrtc:r Dra.i rilgl,:: U itcl: t- I I i > 600 ft. 100 ft. 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[.E lfln' ' :, i+ilt #xi {:iU,i;it*igffi ,u -i:l;ff ,ff :r/i11, jifu j;:",j;i{$Sr::iisl;1;;i;.i,.,i;; ;i'fi.i.:jpf:::..i.r...git${.i:; $.i,f;i,'5 -.+ ;i,:.li;i:*. $i): : i,, * ftHl #Yi },i"1,,ii*.,u$ ", ; i::[ffi :i::;;'ffi:,, di, i,.i* r,i' -iii' l'- {;i,i'.:iii:,I#ir.rf=ij.:a l:aaL -:l:'tsrlrz .1,,'!.i !.-/..:.-ii I:., .],1t1:;"1.y.1, 1.,:!--11 1.fiffiri;i; i,* l#ri;;iy; ;''-*iiiirffiffi,r:itr-'r:! r* i:tf 5g;ifryt.;n11 ,ii$i:i,:,l.'.l.r:rl$i111$ $i,I*iti *H',rffiiirt. ;'i:*r-; ;'' _i;"- li t:",;.:i. .,',i i,,'1.;'.,1..;5,: , _-.*^- .''I . .t - ilX.l".,.':. f ;t-i..i;,.'j;!5;i..i;-a $ f,'.: '1.:.ll'#' 3il.:* :i;:#i :-{,.iri; ::i-:ii;i . h\.'f : 1 IJ Lr':.'r'i - etr.iali if.ha..-'t?'-' '-i'*:.. " r('-Y-< .-',Ir}1..i il-r,:; ,l: .'r r, ; :'J2:1.'. 3.i"1-1i': ilr;i $ _:":: ... .3u -.. r'' .' ;'j'.i:- j' :i '.,-,... i:) i L i!'i. Lj. l. 1t..1. .hi1 .it r.t.? ir"iii;;i.\'..t. j-,''ri.:j i !,' '-: - .:..; i ,.-l , ,... '.. ir ";' .. a. ... '.'..',''t'.i1 :ar" . . 1;. .- -: r:v:\1 r-r .: :'^r' r. l--a .l: ;2:..;:*':,- --, r::l,' t{.tJ'l-,{-rl( L L L L t L L L L t L L; L L L L L L -'. [-i'iu** - RECO}O{ENDATIONS FOR APPLICATION OF MUNICIPAL I^IASTEWATER SLUDGES ON I,AI{D August L978 MINNESOTA POLLUTION CONIn.OL AGENCY 1935 West County Road B-2Roseville, llinnesoEa 55113 2. 3. 4. 5. L L L L i- L L L L L L ria i:j+.:+{:.}! TabIe of \ ContenEs - eont. SECTION E. Example CaLculations 1. Conversion of Wet !ileight Basis to Dry I^Ieight Basis Conversion of Tons of SoLids per Acre to Gallons of Liquid per Acre Determination of Annual Application Rates Based on Nitrogen Addition Determination of Annual Application Rate Based on Cadmir.rm Addition Determination of Allowable Cr.mulative Sludge Loadings Based on Heawy Metals PAGE 3L 31 32 33 34 ( "AVAILS.BLE NITROGEN" - Nitrogen which can be readily absorbed by growing plants or leached by percolating water. "DEDICATED APPLICATION SITE" - Site devoted to and managed for the primary function of sludge disposal. Such sites may or may not be used for growth of food chain crops, but generally do receive high cumulative sludge and potential pollutant, Ioadings and are, therefore, intensely managed and monitored during and after the application program. "DEWATERED SLUDGE" - Sludge with sufficient solids content such that it has no free water and can be transporEed and handled as a solid material. "DIRECTOR" - The ExecuLive Director or other designated representa- tive of the I'linnesota Pollution Control Agency. "GROUND WATER" - Water contained below the surface of the earth in saturated zorte, including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. "HEAVY METALS" - Metals having a high specific gravity; including but not limited to, cadmium (Cd), chromium (Cr), coPPer (.Cu), Iead (Pb) , mercury (Hg) , nickel (Ni) and zinc (Zn) . "INCORPORATION" - The mixing of sludge with topsoil,concurrent with such as discing,application or within 48 hours thereafter, by means mold-board plowing, chisel plowing or rototilling' "LANDSPREADING" - Placement of sludge in or on soil at rates where the quantity of nutrient and non-nutrient elements and soil condi- tioning materials is consistent with the biochemical assimilative capacity of the soil-plant system. -2 ?:r.:_:::L-'.--E ( proportion of the soil separates sand,"S0IL TEXTURE" - The relative silt and clay. Coarse Texture I Medir:rn Texture USDA textural classification loamy sands USDA textural classification loams, silt loams, and silts sands and sandy loams, Fine lexture USDA textural classification clay loams, and clays "STABILIZED SLUDGE" - Sludge which has been treated to provide patho- gen reduction and odor control. "SURI'ACE APPLICATI0N" - Sludge spread on the surface of the land and not incorporated into the soil within 48 hours of application. "TISSUE ANALYSIS OR MONITOBINQ_ - Analytical determination of vege- tative composition; to include, but not limited to, major inorgani-c constituents, heavy metals, and as necessary, persistent organics. The stage of development and sampling tissue varies with plant species and use. "USDA" - United States Departrment of Agriculture. C.RECOIIMENDATIONS FOR I/.I'IDSPREADING Landspreading of sludge for utilization as a fertilizer and soil conditioner is considered in mosE cases to be preferable to disposal oriented practices such as landfilling, and landspreading should be practiced wherever feasibte. The following recomnendations indicate application site location factors, aPplication rates and management practices which provide a feasible opportunity for landspreading of -4 ( - 2. Storage of Sludge - a. The need for, type, and size of sludge storage facilities should be evaluaLed on a case-by-case basis. Storage facilities should be included in any landspreading program where year-round appli- cation may be restricted by such things as soil condiLions, topography, road weight restrictions, snow depths, rrret periods, cropping seasons, or periods of conflicting land use. b. Storage facility loeation and design should consider geologic and hydrologic conditions, prevailing winds, vegetative barriers, - topography, residence locations, leachaEe and runoff generation, and facility operation and maintenance. - c. Storage facilities should not be located within a 100 year flood p1ain. d. Permanent open storage facilities should be at least 1/4 mile - from occupied residences and areas of concentrated human acti- vity and should be enclosed by adequate fencing and access gates equipPed with locks. > e. Storage facilities should be designed such that the maximum seepage loss is less than 500 gallons/acrelday (0.018 inches per d.y). Facility design should consider removal of solids from the facility and integrity of the seal ' b f. Facilities should be diked as necessary to retain sludge and divert extraneous surface runoff ' -6 I Parameter pH Total solids (%) Total Volatile Solids (% of. total solids) NH3-N (%) NO3-N (7,) *r*** Kj eldahl-N (%) Total ZLnc (rng/kg)*.x+. Total Copper (mg/kg)*** Total Nickel (rnelkg)*** Total Lead (mg/kg)*** Total Cadmium (mglkg)*** TotaI }lercury (mg/kg)>t** Total Chromium (mg/kg)*** Total PCB's (mg/kg)*:t'* iilk* TABLE I Required Sludge Analvses* tt tt tl It lt tt It tl annually tt tt Treatment FaciLitv Classification B CandD quarterly A semi- annually It tt It tt tt ll tt It lt lt annually tl It annually tt tt lt tt tt tt tt ll tt It # ,r* 'k Analyses performed in accordance with Standard }fethods , L977 or Methods for Chemical Analysis, EPA, L974 and results reported on a dry weight (tOSoC) basis Not required unless specifically requested by the Director Upon establishment of relatively consistent concentraLions and data base, a reduction in required parameters and/or monitoring frequency may be requested Necessary for aerobically digested or composted sludges only -8 t TABLE II Separation Distances (feet) Method of Application ImmediateIncorporation Surface Pressurizedor Injection Spreading SpravFeature - Individual Dwelling* - Residential Development* Water !ile11s Major Road Rights-of-Way AirPorts** 100 300 200 10 200 600 200 25 1300 2600 200 300 * Distances may be reduced upon consent of occupants - ** Regulations and criteria of the Federal Aviation Administrationand Division of Aeronautics, Minnesota Department of Transporta-tion must be observed with regard to sludge application on- - airport 1and. Approval of these agencies-should be submittedwhere application on airports is desired. L b. Separation from surface water (including streams and waterrvays) _ (1) Sludge should not be surface applied within a lO-year floodplain or within any wetland area. L (2) Care shall be taken to prevent direct runoff into any drainage ditch or waterway. (3) Where sludge is injected or inrnediately incorporated into the soil, or where the site is enclosed by adequate diking to retain runoff and sediment, the recommended L seParation from surface water is 100 feet - (4) Where sludge is applied by pressurized sPray, the rninimum recommended separation from surface water is 300 feet. _ (5) Where sludge is surface applied by tank truck, wagon or similar method, the recommended seParation from surface waters is given in Table III. -10 (4) Application sites should be tested to determine specific soil characteristics. Generally, land receiving sludge should be divided into areas not exceeding 40 acres for composite sampling and testing. Areas differing in soil type, crop yield and management practices should be sampled separately. For each designated samPling area, individual samples should be Laken to a depth of one foot from about 10 locations, the samples placed in a clean container, mixed together, and a sample of the composite soil taken for analysis. (5) Required soil test data is listed in Table IV. TABLE IV Parameter Texture (USDA Classification) Organic matter (%) Extractable phosphorus (Bray's No. I ExtracLant) Exchangeable Potassium (Anrnonium Acetate Extractant) pH (1:1 soil-water suspension) Lirne requirement to pH 6.5 Soluble salts (electrical conductance - rnmhos/cm) 6. Site Usage Agreements a. The municipalicy is responsible to aehieve proper sludge disposal' Reliable access to and proper management of application sites are vital factors in any successful landspreading Program' Therefore, appropriate agreements between application site owners and the municipality should be made to reasonably ensure reliable access and site management plans. Wherever such agreements are -L2 Utilization olNq!-Dedicated AgricuLtural Sites a.Nitrogen Limitations. The rate of sLudge applied per year mlrst be controlled so as to avoid exeess nitrogen additions and the resulting potential for nitrogen pollution of ground water. Annual limitations based on nitrogen additions are described below: (1) Existing treatment facilities - calculations in this section to determine annual application rates based on available nitrogen additions need not be performed if srudge application rates do not exceed five tons of solids per acre per year. Rates greater than five tons of solids per acre per year may be used if the calcula- tions in this section are perfo::ured and indicate such rates would be acceptable. (2) New and upgraded facilities - Design application rates should be calculated in accordance with the following discussion or other methods acceptable to the Director. Design application rates must consider appropriate available nitrogen levels for various crops, yields and soils and the amount of available nitrogen supplied by the sludge and any other added nitrogen containing materials. (a)Maximum allowable various crops and vided in Table V. available nitrogen levels for yields and soil types are pro- -L4 (b) Degree of Vegetative Cover high density low density (c) (lbs . / acre) Soil Texture Coarse Medium Wlrere crops are not harvested from the site each year, maximum aLlowable available nitrogen appli- cation during years of non-harvest are provided in Table VI. TABI.E VI Maximr:m AllowabLe Available N Application Level Fine L25 100 100 75 75 50 (d) I'lhere application siEes are used in consecutive years, carryover nitrogen from sludge applied the previous year must be subtracted from the maximum allowable nitrogen level (Tables V or VI) to deter- mine ongoing application rates. An approximation of carryover nitrogen from sludge applied the previous year is as follows: Carryover N (lbs./acre) = (7" organic sludge N) x (tons sludge solids /acre) Available nitrogen added in fertilizers or animal manures must be subtracted from the maximum allowable nitrogen level (Tables V or VII) Lo determine sludge application rates. The amount of available nitrogen added with sludge is dependent uPon type of stabilization, application (e) -15 b.Heavy Metal Limitations. The total quantity of sludge applied to a site over the duration of site usage should be limited to prevent excessive heavy metal accumulation in the soil and sub- sequent potential plant and food chain toxicity. (1) The metals of greatest concern for most sludges are cadmium, zinc, copper, nickel and lead. The recormnended total cr:mulative addition of these metals to agricultural land are found in Table VIII. TABLE VIII T0IAL RECOI'IMENDED I,ffiTAL ADDITI0NS (Ibs . lacre)Soil CaEion Exchange Capacity (mi1 liequivalents / 100 grams) }IETAL Lead Zinc Copper Nickel Cadmium (2) (3) 0-5 500 250 L25 50 5 5-15 1000 500 250 100 10 >15 2000 1000 500 2A0 20 No more than two pounds of cadmium should be applied per acre Per year. Sludge application Eo non-dedicated agricultural sites should be terminated when the sum addition of any one metal equals the recommended total for that particular metal and soi1. Meta1 additions above those levels listed in Table VIII or above two pounds of cadmium per acre per year will require croP tissue monitoring and specific approval of the Director. -18 c. '( (d) A running total or sumnation of the pounds of each metal applied from sludge applications should be kept and when the sum addition of any one metal equals Ehe total addition limit for that metal, sludge applications should be ceased. (e) Accurate records must be kept for each site on the quantity of sludge applied per year and cumulatively, and the quantity of metals applied per year and cumulatively. Persistent Organic Limitations. In some instances persistent organics may be for":nd in s ludges at concentrations to be of concern for vegetative and food chain toxicity and ground water quality. There currently is insufficient data to set specific criteria for allowable concenErations in sludge or for annual or curmrlative additions of sludge-borne persistent organics. There is, however, enough data to conelude that special precautions, site management, and monitoring may be necessary where sludges are found Lo contain significant concentrations of persisEent organics. The specific precautions and monitoring necessary for such projects will have to be determined on a case-by-case basis. Soluble Salt Limitations (I) Sludge application should be suspended whenever the elec- trical conductivity of a saturation extracE of site soil exceeds 4 millimhos/cm (soluble salt test). (2) Long term application of sludges high in sodium can cause a deterioration of soil structure and result in increased erosion and runoff. The Director should be notified if d. -20 (b) (c) (d) necessary for a crop to be grown and appropriately harvested each year. If crops are not harvested each year, application rates should be restricted to levels consistent with Table VI. Sludges having concentrations exceeding 1000 mg/kg 1ead, 25 mg/kg cadmium, 10 mg/kg mercury or 5 mg/kg total PCB's should noE be applied on forage crops or pastures where surface contamination of the foliage and direct ingestion by feeding animals is possible. This is especially important for dairy cattle. An allowable exception to this criteria is that the above sludges may be applied on forage crops during the period immediately following cut- ting and harvest when there is minimal vegetative surface area. Application under this exception should be made within seven days of forage cutting. Harvesting of forage crops or grazLng of pastures should be delayed for at least two weeks following application. Sludge amended soils should generally not be used for growth of leafy vegetables to be consumed by humans unless crop tissue analyses indicate such practices are accePtable. This is especially pertinent during the year the sludge was applied and for sludges having cadmium concentrations greaEer than 25 rl.glkg. -22 (3) i( Sites and acreages used for application Amount of sludge spread per site Sludge composition data (Table I) Soil test data (Table IV) Cropping practices Problems encountered llonitoring of runof f , Ieachate, ground !,/ater, soil and vegetation may be required where project size; sludge, soi1, site properties; or management practices could adversely impact water, soil or vegetative resources. cL. b. ltilipation on Non-Dedicated, Non-Asricultural Sites Nitrogen Limitations. Annual sludge application rates should be limited such that available nitrogen additions are consistent with Table vr and section c.7.a., or as otherwise specifically approved by the Director. Heawy Metal Limitations. The totar quanriEy of sludge appLied to non-dedicated, non-agricultural sites over the duration of site usage should be limited such that the total cumulative addition of metals is limited to levels provided in Table VIII. The acceptability of metal additions above those levels must be determined on a case-by-case basis and have the specific approval of the Director. Further Limitations (f) Limitations for application of sludges containing signi- ficant concentrations of persistent organics must be determined on a case-by-case basis. c. -24 -those levels provided in Table VIII and Section C.7.b. will - necessitate site monitorirg, including but not limited to, appropriate vegetative tissue analysis, soil analysis, and - leachate and/or ground water analysis. c. Further Limitations (1) Limitations for application of sludges containing signi- ficant concentrations of persistent organics must be determined on a case-by-case basis. - (2) Soluble Salts - See Section C.8. c.(2). c. Management Practices (1) Runoff Control - See Section C.7.e.(1) - (2) pH Control. The soil pH of dedicated application sites should be maintained above 6.5 throughout the application prograur and thereafter as long as necessary to ensure protection of ground water and soil and vegetative resources consistent with future land uses. - (3) Vegetafion. An appropriaEe vegetative cover should be established and maintained on all dedicated sites. (4) Public Access. Access to dedicated sites should be restricted by a fence or other appropriate means. e. MoniLoring Requirements (1) See Section C.7.f . (2) Monitoring of leachate and/or ground water and appropriate vegetative tissues is necessary for dedicated application sites. The specific Program must be determined on a case- by-case basis. -26 develop and submit a Solids Disposal Plan to the Agency for review and approval. As new or upgraded wastewater treatment facilities are planned and designed, the new Solids Disposal Plan should be incorporated into or aecompany the facilities plans or appropriate engineering plans and reports. a. Solids Disposal Plan for Landspreading. The following specific information should be provided in the Solids Disposal Plan where landspreading of the sludge is Practiced: (r) (2) (3) (4) (s) Data on Ehe sludge, to include: (a) quantity of sludge generated and disposed of; (b) treatment provided for stabilization of the sludge; (c) composition data as prescribed in Table I or as otherwise specifically requested. Detailed description of practices and facilities used in storage of sludge. A Soil Survey map delineating the specific location of storage facilities other than regular digesters and all landspreading sites. Each landspreading site should be numbered for easy reference during correspondence. Where SoiI Survey maps are not available, the locations should be delineated on U. S. Geological Survey or county maPS. I.lames and addresses of the owners of privately ovrned application sites. Type of agreement obtained for application on private land, i.e., informal written, lease, verbal, and what provisions are provided or available for alternate disposal should sites normally used become unavailable or inaccessible ' Application acreage at each site.(6) -28 .,( :Fi (13) Discussion of how and where grit, screenings and scum are disposed of. (f4) Indication that any necessary loca1 and county approvals have been obtained. - 2. Routine Monitoring Reports _ Monitoring/operational reports which provide monitoring data and suurnarize application and site management practices is necessary on a - routine basis. a. Annual Report for Landspreading (due by March 1 of the following year) . b ,r, Required sludge comPosition daEa. (2) Application sites and acreage at each site used during the year. (3) SoiI test data for application areas used during the year. (4) Annual application rates at each site. (5) Vegetation grolsn on each site used during the year. (6) Complaints, management problems, o! other difficulties encountered during the Year. (7) A map showing the location of, and a description of any new application sites. (8) Results of any other required monitoring, i.e., ground \^rater, scils , vegeEative tissues , etc . (9) Quantity of sludge disposed of through small scale give- away, individual pickup and sludge marketing, and the number of participants in small scale giveaway and indi- vidual pickup programs. -30 3. Determination of Annual Application Rates Based on Nitrogen Addition a. Given: (1) Anaerobically digested sludge with following composition: organic nitrogen 3.0%, arnrnonium nitrogen 2.0%. (2) Surface application by tank truck. (3) Soil type is medium texture. (4) Corn crop with L25 bushel/acre expecred yie1d. (5) Site received 5 tons sludge solids/acre last year. b. Solution: (1) Determine maximum allowable available nitrogen leve1 for medium texLure soil and L25 bushel/acre corn. (a) Using Table V answer is 180 lbs/acre. (2) Derive adjusted available soil nitrogen level by deter- mining and subtracting carryover nitrogen from last year's sludge application (C.7 .a. (2)(c)) . (a) Carryover nitrogen = (7. organic nitrogen) x (tons solids I acre) = 3.0 x 5 = 15 lbs/acre (b) 180 lbs/acre - 15 lbs/acre = 165 lbs/acre (3) Determine the available nitrogen in the sludge (Tab1e VII). (a) For digested sludge and surface application, the proper formula is: (7. organic-N x 4) + (% ammonia-N x f0) = lbs available N/ton (3.0 x 4) + (2.0 x l0) = lbs available N/ton L2 + 20 = 32 lbs available N/ton -32 r1. 5. Determination of Allowable Cumulative Sludge Loadings Based on - Hearnz Metals a. Given: - (1) Metal concentrations in sludge of: 1750 mg/kg zLr.c 100 mg/kg nickel 850 mg/kg copper 20 mglkg cadmium _ (z) ;::r::f::"l"nd wirh medir:m rexrure sou (loam) wirh 37. organic matter content. : b. Solution: (1) Derive pounds of each metal per ton of sludge solids by multiplying concentration of each by 0.002. (a) 1750 mglkg Za x 0.002 = 3.5 lbs Znlton 850 mg/kg Cu x 0.002 = L.7 lbs Culton 500 mglkg Pb x 0.002 = 1.0 lbs Pb/ton 100 mg/kg Ni x 0.002 = 0.2 lbs Ni/ton - (2) '".",*ll.-:i::":'.""1;lll :":.::.;':":::'::, soil (rable rx). (a) For medium texEure soil with 37. organic matter, cation exchange capaciEy range is 5-15 (Table IX). !- (3) Determine allowable metal additions for agricultural soil with cation exchange capacity of 5-15. (a) using Table VIII, allowable metal additions are: 1000 lbs/acre lead 500 lbs/acre zinc 250 lbs/acre coPPer 100 lbs/acre nickel 10 lbs/acre cadmir-ut -34 CITY OF EHINHISSEI[ 690 COULTER DRIVE . P.O. BOX 147 O CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IVIEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June l, 1981 SUBJ: 1981 Bond Sale, Authorization to CalI for Bids The municipal bond market is lousy. The market is bad in terms ofa historical review of typical rates paid by governmental agencies.From a bond buyers standpoint, a 10L or 10.8t yierd on a tax-exemptnote is very favorable and, without question, the City can seIl theproposed bond issue. The question is basicarly one of guessing when or if the market will drop back to pre--1980 levers. Bob sander or Andy Merry will be present from Juran and Moody topresent their cash-flow analysis as well as to answer questions ofthe City Council. Similar to other runs prepared, the revenues shownonly include the present valuations within the district as well as theadditional revenue being produced by known additions to the district,i.e. Holiday Station, new fnstant Web facility, medical facility. Assuch, it assumes no growth within this area over the next 15-yearperiod which, admittedly, is more than conservative. Don Ri-ngrose and Arjis Pakalns will be present from BRW to discussthe tentatj-ve work schedule associated with the redevelopment project.This flow chart should, again, be seen as the best or "desirable"time schedule to see the redevelopment work occur in a timely fashion.Eor example, should Kraus-Anderson and,/or Bloomberg Companies fail topresent their financing commitments prior to the end of 1981, theentire schedule would be moved back. Similar1y, should the Attorney'soffice fail to initiate and complete relocations as proposed, the entire schedule will move back; etc. In relating initial bonding to the project timetable (flow chart) it becomes obvious that monies will be needed to cash-out Instant Web as well as to provide monies for earnest-money contracts with R5-viera, Mobil, and Huber. Riviera and Mobil must be finalized prior to Octoberto alIow: 1) . Preparation of purchase/rebuild 1981. 2l Preparation of building and site agreements prior to October, plans prior to January l, 1981. -= IaltIa1 tIl1-i-J ao N s ogBzo = Fo IJJ-?oEo- l-z EI =o-I UJ IIo IJJ E, z =oFz =oo = E & Iz lrJ @ U' tz o <l\r --i co alo;r-r =t-._-= ::- (, @o g ozo tr ulq, G El z ulv b hEX= z atga (r) ,HO\Bo=2tE =o16EOll E a a = Eo )o,_t=o:>yU ur.C F lu F :E EHE=E 6 A; EE8EF E i,,?'izli,i;E q E =5E3:,,3?2- = EEEdHHHS * O ,J ci ejlc,uit iui tctizlo itrlo ro .^',2iuJ iYi ,{ =:g EIF t;fr ii:4.=ek3r llJrl! uJ h:H ='Ez 9,llJ rlE' =,<,zio-llijloirci() r9I 19.9 z'o ia,:E,E E IH; #iE E l?E !iE l EiEiuieiEiE lr;roirai'.e I lo FE >TDF(JF E>>L IE=< 0 ?HE E t--- Noo ? E; ao ? E E L; co o) zo IFz UI =UJJ o- = o o E CITY OF EHINHISSEN 690 COULTER DBIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 7. May 27, 1981 TO: City Manager, Don Ashworth FROM: Park and Recreation Director, tr'ran CaLlahan SUBJECT: Park Commission Vacancy Recommendation. Attached, please find the minutes The Commission interviewed all of to the Ads in the paper. A11 the quallfied to fill the position. of the llay Meeting. the applicants that resPonded respondents were very well y' cu""k Recommendation. Minutes Park and Recreation Commission May 1,2, L981 A regular meeting of the Chanhassen Park and Recreation Commission was cal1edto order on May L2, 1981 at 7:30 p.n. The following members were present:Phyllis Pope, Tom Schoenecker, Mary Muelhausen and Jack Mauritz. MINUTES: A notion was made by Tom schoenecker to approve the minutes of the lastmGting with the following additions: 1. YSlh_Kqegle_r's Prgposal: The proposal was to prepareplans tor these three park areas: chanhassen Estatusand Lake Susan park. concept development Park, Lake Ann Park, 2. "Lake Susan park to remain Lake Susan park,,. Motion was seconded by Mary ltuelhausen. The motion was unanimously approved. YENIJNq f-ERYtcr tN.Lere ANN p.tRK: Mr. Dorsey smith was present at the park andRecreation connission meetllg to discuss the possibility of setting up a vendingservice in Lake Ann Park. The service is to Le controlied by tn" Iity and Mr.smith was confident there would be no problens with advertising or littering. Tom schoenecker nade a motion that a recommendation be nade to the city councilthat Mr' l*1tl's vending service be accepted on a one-year trial basis. Motionwas seconded by Jack Mauritz. Motion uininously approved. REQUEST T9 BE I{ARRIED IN LAKE ANN PARK: A motion was made by Jack Mauritz tod in Lake Ann Park. Motion was secondedby Mary Muelhausen. Motion unanimously approved. Staff was directed to notify the couple that the park would sti1l be open to thePublic and to check arrangetnents for- the gate fee and alternate plans in case ofinclement weather. /nrcory'lrjlonrloN ro.r-rlL gor,,ntlrssloN VACANCY: A motion was made by Tom schoenecker thatl/rweaskMr.JosephandRecreationComnission.Motionwasf seconded by Mary Muelhausen and motion was unaninously approved. Staff was directed to send a letter to Chuck Koivisto to ascertain if his businessresponsibilities woutd enable him to remain on the commission. LAII'CON 1982 STATUS: The Comnission was advised that the prospects for land acquisition @ea1ookedexce11entifanyfunds*",u.avai1ab1e. Staff was directed to send Mayor Tom Hamilton a copy of the agreement between the City and the School district. Meeting was adjourned at 8:30 p.m. Respectful ly submitted, Sherma Coorobs - l{.h DAIE: frAaAsf /, t?9O -'l:' APPLICATION FOR CHANHASSEN CO}I}4ISSION :- - Position desir.a, Alternate: E Name z dos *, PN F. Mflfril* FE Dare of nirrh (oprionar)_ Address: - O Home Phone:. ?3* - 5? -ii.3 Business Phone, ?+l - /7PO How Long Have You Lived in Chaahassen? I O y E 4pS Highest Leve1 of Education Attained,, plus degrees , L.f any: l2* 6,Pfr3,E + tt, oF fiepyl Bttb rv clesspis p,?o d nfrfi! _ Current emplol.ment: (Give position, employer and. brief discussion of duties.If employment is relatively recent, cliscuss previous employment as rvel1): Ft€Lb seldP.yrsoP. - t{opr*eei ir+rsl Pa,,eP'. eo r, f?€sPoNstgce Far b.r+tsy c)or?ff A.sst6rrqiflrtr-r, ,^, T*/s IflF,Y* P.EAe;l/ 6 S8o rt r) - Ebt d fl aFft ed - ,4e1,> - S*4Ps*VtSttal oF APP?svrrnnrrt..y l6 EdPtoys€s-_ Activities and affiliations (fnclude elective offices and, honors orrecognitions received, if any) z Oil BC *Fb A F bt R EO f ot{- S ft o.4FS RPc r) -t -,,Rbasons for seeking this position and special quaLificationsz /r?y lrJT€.rf,{=!i l^,Fnilt Tt g.t 4Tt tiLI In filing this application, I understand, that a commitment of my time' energy interest and participation rvill be involved, and am prepare$ to rnake such a commitment in the event I am appointecl 'E,o the above Commission. nature tt { DATE:March 9, 1981 t APPLICATION FOR CI{AN}iNSSIIN COilI,irSSrON Positio;t desirecl: parks & Recreation Commissi 6,|\Iternarte : planninq qonrnissioq, l.lame: Charles H. Robbins Date of Birth (Optional)8-28-4 734O Longview CircleAddress: Ilorne Phone: 934-0209 Business Phone:291-2253 How Long }Iave You Lived, in Chanhassen? 1! years Iiighest Level of Ed,ucation Attained., plus degrees, if any: MBA - II,lankato State University; Bach Sci Bus - University of Mlnnesota ICurrent emplolrnent: (Give position, er,rployer and, brie{ cliscuss.ionTf employment is relatively recent, discuss previous er{ployment as rn Na of dutie r.;e1I) : Bank of St- Paul Paul. rate Trust Account of B,/St. Cqsb ltanagement Of f icel - Commercial Banking - NwNBr/ittpl-s. Financial consultin, Activities anC affiliations (Inc1ude elective offices and honors orrecognitions received, if any): Current Commissioner for CAA Baseball-Peewee Prior year Hockey Coach and member of Citizens Police Task Forc.e. Reasons for seeking this position and we should have a high leve1 of quality speci-al gualif ications 3 I believe that parks and recreation faciJ.ities for residents of Chantrassen. Irr f iI.Lng this application, f undersEancl that irrt-ercst and p;rrticipation rvilI be involved, comrnitrnent in the event I am aPpointecl to the a commitrnent of my time, ener( ;rncl erm preparecl to urake such aabove Commissron ,r{r" DAIE, lil,/ /oilfrc---T---1- APPLICATION T'OR CHANHASSEN CO}IT,IISSION 'he ^her oS fo, ry \ Position desired: Ri,creo'ticl (.Oo^i*fee - Alternate: Name, A rirr,',/ Leo {o X{^Date of sirrh (opriona tl tO/d/fr7-T Add.ress r ro 3 7 cr, t( n{o La,J o - Hcme Phcne, 9-1 {- f O o-t How Long Have You Lived in Chanhassen? Businass Phcne:2 7r- x rG t Highest Level of Ed,ucation Attained, plus d,egrees,.any:6 r* d,, ".to,/ dt o^ U r, yers, $6.s. folitic s Current emplolznent:' (Give If employment is relativelY position, employer atrd brief d,iscussion recent, discuss previous employment as ( rx€: Ero^lort.i, of duties- rveil) : , r. ,'(.n ( \ Ir{hau iu_ Activities and affiliations (Inc recognitions received, if anY): office and honors or 0 r Q h inz'/e" Iudep Ch,f ha/ *l'' e uA e^./ tS i'oJ Reasons seeking this position and special gualifications:fr / i-fe,ro* f ( for aY Yt rr'14 nf ho ,,rl YnP c ; !it *ne il" time, energy make suctr a J,lrO 'qci lif ie ,-(e e In filing this applicatiot, i understand that interest and parlicipation rvill be involvecl,' a commitment of mY and am prepared to above Commission.commitment in the event I am apPointed to the I\,lEMORANDUM TO: Don Ashworth, City Manager FROM: Scott A. l,lartin, Executive CITY OF Director of Chanhassen HRAU\ 9. ilrt/at fl1"!' fi'^ EHINHISSt![ 690 COULTER DRIVE ' P.O. BOX 147 O CHANHASSEN, MINNESOTA 55317 (612) 937-1900 DATE: April 29, 1981 RE: Expiration of HRA Commissioner's Term of Office According to HRA records, commissioner Mike Niemeyer's termon the HRA expires as of May 31, 1981. Ivlinnesota Statute 462.425 (subdivision 6) provides that appoint-ments to fill vacancies on a Municipal HRA are to be made by theMayor, with the approval of the City Council. Commissioners areappointed for fi-ve-year terms under this provision. At a recent Council meeting, the City Council discussed the ideaof appointing a member of ihe City iouncil to fill the next vacancyon the HRA. state Law does permit such an appointment, and alsoprovi-des that when a member of the city council is appointed tothe HRA, the Council may set the term of office of the commissionerto coincide with his'term of office as a Council member. Appointment or reappointment to fill this vacancy should be consideredby the City Council on June L, 1981 in order to avoid having a "gap"in the membership of the HRA. CITY OF Jo- cHlt[H[sstN 690 COULTER DRIVE ' P.O. BOX 147 O CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IIEMORANDTJI{ TO: City Manager, Don Ashworth FROII: Parks and Recreati-on Director, Fran calrahan DATE: May 29, 1981 SUBJ: Vending Service proposal, Lake Ann park Mr- William B. Smith met with the Park and Recreation Commissionat their tvlay meeting. He explained his proposar to provideservice to the people using Lake Ann park. The commission endorsed the concept and. would like to have theservice on a one year trial basis. (see minutes attached) Staff would recommend entering into a simple agreement as to days and hours of operation, Iocation, and fee or percentageof revenue given to the City. MANAGERIS COMMENTS If you approve the concept, the agreements will be drafted and returned for Council action. lf you deny the concept we will not spend the money drafting the agreement and will notify the applicant that the idea is not desireable to the City. Approval of startingthe servj-ce (from June 1st through June 20th) in advance of finalizing an agrement, is reconrmended. LICEilSE Hennepin c State oI Minneaota N9 Gttoup t,lilliam D. Smith Jr. zfiF):, ffi; uorr.l"Irir"nTora rurr,io,,.a \;fr{1( I iA henebq Ucensed to opuo.te ' ?,vtf9' Catering Food Vehicle aubjee.t to the ond,Lywncot etstabtj,slted bg the Hennepit Countq Appd.oved bq Envinonnentali.tt NON. TRAI{SFERABtE ThLa Licente explnet on the3l da.q o{ Dec. 19 g,l }\ @e4ea6l@@A+@at Countq o d Env ino nnentol H Q!,Lth l.lanag enen t Comnun rtq Health Oepantnent Swi-to,s 202-206 32 Tenf.h Aveyue Sowtlt Hoplz,Lru, llLnne,sota 5 5343(61?l e35-1544 l,lilliam D. Smith Jr. Dorsey Smith's 0ld Fashioned 20175 Manor Road Excelsior, MN. 55331 0?22 doing btulnp-st at DOfflEY gltITHrS OIrD trA8EIONED DAILY Rf,PORt goLD AIOUIIT, _ D4-*'ry* T^ro etr d"*{ HOT DOCS POLISH SAUSAOE SOtD AIIOUf,T POP CORI{80LD Alroul{t I - POP 7 UP SOLD AIoUltfIonpffioro.AIOIffT ) ' ^ a /+- .LrA 5ElrIfrll CTlJli'Y ra ?- 11u*{-(-rrA RooT guIR-.,..-goLD ^l I 0 il..- PEPSI COIIA __SOI,ID;!ru 1",*', IIISI g?Bir.-3318 - lr - lrou[r COFFEE uIttr ToLD-alroullr -- soI,D auoum SOLD AXOI'ITT SoLD AIIoITNTDO}IUTI S ROLLI S BAG OAI{DY BAR CAIIDY & cnackr gotD CARUEL 00RIt tub 9OLD - SOLD aroul{1 80LD AIIOUtrI anouttT AUOIffT SOID AITOUNT. SOtD AIIOUIIT| - gOLD AJTOIIIIT' - SOLD -AIIOUilTSOIJD AIIOITNT TOTAL # Or SALES AltotNt DATE 8IEtrID BI TAI TAX 'IET TOTAI.S Ef,D Otr ITOUITTE Aroutrl Al{olrNt lnr tonrtD HOUR| g & trAXI _ I TAX CITY OF 1b, EHINHISSE![ 690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I\4ET{ORANDUM TO: Don Ashworth, City Manager FROM: Bill Monk, City Engineer DATE: February 29, 1981 SUBJ: American Legion Utility Service Attached is the feasibilj-ty report for extending sanitary sewer and water service to the American Legion property. It should be noted that two assessment areas are detailed, and this wiII directly affect the Legion's cost participation. The Legion's decision to proceed may hinge on a determination of the assessment issue. WILLIAM t]. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. OBB HAROLD E:. DAHLIN LARRY L. HANSON JACK E. GILL THEOOOBE D. KEMNA JOHN W, EMOND KENNETH E. ADOLF WILLIAM FI. ENGELHABOT B. SCOTT HARRI GERALD L. BACKMAN SCHOELL & MADSON,INc. ENGINEEF|S ANO SUF|VEYORS (61A 938.7601 O 5O NINTH AVENUE SOUTH O HOPKINS, MINNESOTA 55343 May 29, 198I City of Chanhassen c/o Mx. BilI Monk, CitY 590 Coulter Drive Chanhassen, Minnesota Feasibility Study for Sanitary Sewer and Water Service to American Legion Site Gentlemen: General: pursuant to council request, w€ herein submit our feasibility studydealingwithsanitarysewerandwaterservicetotheAmerican Legion club site. This site is located on the southeast corner of Trunk Highway No. 5 and Trunk Highway No' 101' (See Drawing No' 11I87-I) TheimpetusforthisstudywasapetitionfromtheLegionClub toprovideutilityservice.Thesiteiscurrentlyservedbyan individual well and a soil absorption sewage disposal system' The Sewagesystemreportedlyisfailing,thusahealthandsanitation issue is Present' Interestinprovidingutilityservicetothissitehasbeen considered in the past several years' Preliminary cost figures have beenpresentedasfarbackasLgTs,however,thisisthefirst feasibility study presented to our knowledge' Engineer 55317 Subj ect: PROJECT AR EA LAKE SUSAN ffiNHASSEN AMERICAN LEGION iTAnv sEWER EXTENSION scHoELL I MADSON'.-!fc.- -iuorHeeRs a suRvEYoRs HOPKINS I ITINN ESOTA : MAY ,1981 1il87 -t SGHOELL A. MADSON, tNc. City of Chanhassen c/o Mr. Bill lvlonk, CitY Engineer Page Three May 29, 1981 Several weeks ago a feasibility study was authorized to bring the utilities up to the club building. Preliminary cost figures were presented and the Legion rejected the high costs. subsequently, the Legion group suggested that the city only bring the utilities across Trunk Highway No. 5 to their property line. They will then connect via long services presumably with their use of some volunteer labor. Presented herein is the option just described' SanitarY Sewer: sanitary sewer service is best described by attached Drawing No. LLL87-2. The closest point where service is available is located on the north side of Trunk Highway No' 5 adjacent to the Hanus Building. This is an existing ten-inch sewer' Theproposedimprovementincludesjackinganeight-inchSewer underTrunkHighwayNo.5andterminatinginamanho}e.Interms of service area or assessment area, Drawing No. 11187-2 indicates the Legion ProPerty PIus the Sinnen property to the east' lhe southerly boundary of the assessment area shown is approximately the g54 contour. This is considered to be the Iargest area capable of gravity service from the proposed sewer' Inasubsequentsectionofthisreportthereisfurther discussion of the assessment area' We wish to emphasize that inclusionoftheSinnenpropertyintheassessmentareaispresented aSanoptionfortheCityCouncil'sconsideration.TheSinnen Propertygenerallydrainstothesouth.Typically,drainagearea boundaries define sanitary sewer service areas' Timing Of a request -T-e I c6 o C}It,,RCH OF ST HUBERT' i?' --*;ffi:;l br I IARTIN SGIILTTK u(ra, P !la t,,'Q2e7 GERAI.O 3CLENI( H.A KERBER!r lla. P ato OPMENT CORP EJqii B!,yr ""*5..1S", - --<-- - E J. KURVERStra7.?rtt AUGUST J SINNEN BK LEGEND __--A EXISTTNG IO,.SANITARY-'-'1/.-a sEWER --...- EXISTING 8,. WATER MAIN PRoPosED B" sANITARY -JD sEwER - PROPOSED 8.. WATERIvTAI N t-l AssESSMENT AREA AUGUST SlNNEN loeve0PlEfr '-Af f flc) AT'EiICAN OILtI t6.ia.la rU DUOOUTS tt\\)i BASEBALL FIELO ICAN LEGION POST 580 CITY OF CHANHASSEN MI NNESO AMERICAN LEGION EXTENSION scHoELL A MADSONT lNC. EN GINEERS 8 SURVEYORS HOPK|N S, MINN ESOTA : MAY ,I98t SCALE! )f" I,or6 6o ,," Jo ECHOELL E MADSON. ttrtc. City of Chanhassen c/o Mr. Bill Monk, CitY Engineer Page Five May 29, 1981 for sewer service and the availability of the closest sewer to connect to often vary the benefitting service area from the water- shed boundary. In other words, if the Sinnen Property were totally developed at one time, they would likely obtain their sehrer service from the south (Lake Ann Interceptor). If the portion adjacent to Trunk Highway No. 5 were developed initially, they would likeIy obtain sewer service from the north via the subject sewer. This presents a choice as to the assessment question, which is presented to the Council to consider- Water Service: Water service is proposed as described by Drawing No. 11187-2. The closest existing water service is also available from the north side of Trunk Highway No. 5 near the Hanus Building' The proposed improvement simply crosses Trunk Highway No. 5 with an eight-inch main and terminates. The same option for assessment of the sinnen property as well as the Legion site exists as presented for the sanitary sewer. we have examined the matter of trunk watermains with the possibility of making the subject main crossing of Trunk Highway No' 5 a trunk crossing. The improvements proposed herein are clearly lateral facilities with local adjacent benefit only' Estimated Costs @ The total estimated costs for the improvements presented herein are $37,026. This does not include trunk and sAc charges' ECHOELL A, MAE]SON.INC. City of Chanhassen c/o Mr. BiII Monk, CitY Engineer Page Six May 29, 198I We are presenting two assessment options for consideration. one option would be to assess the entire cost of $37,026 to the Legion site. The second option would be to assess the project cost on an area basis to the Legion site plus the portion of the Sinnen site indicated on Drawing No. 11187-2. The second option is summarized as follows: Property Legion Site Sinnen Site Approximate Area 3.58 acres 9.27 acres Cost Per Acre $2881 $288r Estimated Total Assessment $10,316 $26,7L0 $37 ,026Total L2.85 acres $2881 We recommend up to a 20-year assessment term. Conclusions: We have presented herein a feasibility study that hopefully responds to the Legion CIub's wishes. The costs of crossing Trunk Highway No. 5 are high due to its width in that vicinity. The method presented herein of serving the Legion site is clearly the simplest and least expensive at this time' In terms of the assessment question, we have presented two options. One method is to assess the entire project cost to the Legion site. The other option is to assess the Legion plus the portion of the sinnen property above approximately the 954 contour' We suggest the Councit weigh the question of the ability to sustain the assessment on the Sinnen site before proceeding' ECHOELL & MAOBON, trvc. City of Chanhassen c/o Mr. Bill Monk, CitY Engineer Page Seven llay 29, 1981 The project is feasible from an engineering point of view. We witl be available to present or discuss as you wish. Very truly yours, JROrr:mkr INC. -r-<^ SCHOELL & f_ f t {_ f tt t l' BOX 147 8CHANHASSEN, MI NNESOTA 5531 7 (612) 474-8885 7/,s .r6,J .^,a-e 4r*f"*'tr ; MEMORANDUII TO: Mayor f'ROIvl: City Manager, DATE: June L6, 1980 _+ and City Council Don Ashworth SUBJ: Fireworks Display Homeowners n_ t_ n_l n_ n_ t_ t_ t_ il_ {_ Property owners j-n the Lake Minnewashta area are requestingCity Council authorization to have a fireworks display on July 4(July 5th if rained out on Julyi-4th1 .; 1 iApproval would be recommended :on1 the f ollowing cond.itions: 1). Fire Chief or Fire Marshal approves the specificlocation and protection procedures for discharging :f ireworks - ., The Carver County'sheriff's office approves theapplication. .;. ' l:. City staff veiifies that the cbntractor proposed is authorized by the State and/or has necessary permits ..f rom State. !..' i. City Attorney'determines that the type of insurance policy provided is adequate to proteglr.-|olm-eowners and the .City and that limits of liability,Fre , ': ii;' 'properly set- ,i:,;,.i-ri...:.;- That such display cannot occur unless a written permit or certification.has been issued by the City stating that the above conditions have been satisfactor- i1y met 2t. 3). 4). s) . CITY OF ffiEflffiBqEflffiffiffiffiBI 7610 LAREDO DRIVEOP.O. //"1" /1to !-" oLlo r+1*e3* *t *1"1' '*,'r,-e oul ,..1 .?^t 7p.ounJ, /o Vrolle^.5 u,t4"1 tpcaer.J. /t €uce114t-f ?eH-:-s ,L(+ {a rre ) oTt{2iavJ / /L; Zc.t! Permit Reiluest, Lake Minnewashta ntrf/,c 6,{'t,"t t*t/-l- *{* Sa-ar4 ' c. -/,'{to,! +J /13a }J ,"r.^^o-,\J. e, fl/, ,Uo-rt' On*'*a/LL Donald W. Ashrsorth June 11, 1980 Page Two A copy of Minnesota statutes 624.22 is attached hereto. city Orainince 42, governing the use of explosives within the iity, does not-app1y t5 the public-displaY 9f fireworks in an i"=ii"." such ."'Lrti=. The Lertificatl oi insurance-attached ;;-ail application includes the city as. an additional insured ,Iitfr--U"aiiy injury and property damlge liahility 9f $300,000 ""*ti".a singf6 limit. We ren6.er no-opinion on the amount of insurance, as we feel that this a function of the council to determine. In the interest of Motherhood, this office will make no charge and the 4th of JuIY, opinion.Apple Pie t-s I RUSSELL H. Chanhassen O/M-*V LARSONCity Attorney RHL:ner Enc i hi CNIMES, OTHER PROVISIONS s 624.24 munlclpal cterk at least 15 days ln advance ot the dntc oi the dlaplay' The ,ppltcutlon rrtroll be pt,.pify i'it't'"tl-to the chlcl ol thc flre departmt'nt $'ho ,trall mrrke nn lnv""trg-;ii';"'to ,ioioirnlne whether the operntor ot the dtnplay -rB (lonrpcteut r,rr,t r*tr[itr.,, tt" tuspr^y rn or eueh n chnrncter nntl ln to bc so locsterl, rttscttrrseo,';i'rii"o i1''l't n.rvlll rrot be hozardotts to prolrcrty or rntlun8rr nny pnr.o.,." i*f,o'fi* clrk:f rlr|lll rcPort the rcsttlts of thts lnvestl' rutlo' to tlu! clcrk nno irtru-r"p"its thtt ln-hli oplnlon the otrcrntor ls contpc' ;.ent o,d thrr ttrc ,lt.;,i;;';;-;;rrnncrl wtlt corrlbrnr to enf*ty reqttlremctts' lnctudiug tlte rrtlcs nii-'os"fotions ol tlre ntrrte flre tnarshnl herelnafter pro' ffi;:ii;;. ii;;;i;;k "r',,f isl"o o rrernrlt for thc <ltepl^v $heD thc appllcnnt pnJr |l r)ertDtr te,c ot $2. ii,;,;;6; nrurcrvlsed piitil.'ot"prny for whlch n rrcrnrlt tn xouglrt ls to bc f,*f,i'n,,i"fifo the tinrltfl of un lncorforntctl munlctpallty. tltc -nl{rilculkrn alrnll tx. rrIillo to tlre. courrly n,roiini r,nil tlto tlrrlltn lnrposerl by suclr sr:ctlo's ul,o,,,iio'"inrk ol tlre r,,,rntciniriity ntrnll trc Derlornred ln srreh casc by the cotrnty 'oi'Jitn'' i'ho tlutlo" ilrto;otl on the flre- chlcf ol thc murrlcilrollty t,y n,,"nlc"iirrris shlll ln perlormnd tn euctr cnsc by thc csuDty _riherlff. Atter srreh'p..r-ii ,r,"rt h,ve lrtr.n gr,nterl, snlen, possesslon, ttsc nrrd ,lstrlbutton or rircworks lor srreh dlsplny ahnll bc_lurtlrrl fo.r thst tlur- posc only. Xo fx:rnrtf so Br!!otc\l shrrll tre trnns?erntltc' fhe stllte llre mnrshnl rrtrnll urlo,t r,'u*,runl,l.' .iito* n"O resrrlntiontr ;ot tnct'nsistent wlth tlre provl' -rlorrr ol suctr sr.etlons to lnsttre thtlt flrcworke dl$pluyl trrc glvcu 8rrtely' Amctrtlctl by Luu's l:l?3, c. 123, ort' 5' ! 7' ,'.*tr,}f:r@mr;s;,* tffi$,,$fi#ffiblil _ Bupplomcat*y r,aor to iroter ljlhl"i::.lmry""is3rlt_,]-,Jrtry"rt,:,o::rort il,burry 2 l:,',$1r".r".;"",ilitif .;:iili:"1,""1"""r1'.'-l! 2. ao?t,!b,,rry l,t5:"*'tf'I..1*::qi-I,..'*":lifif':.1!jrl Iivldence supportc(t nnswer lo ipeclol i,ir,litt t "f r()rinrt try group o, votlngiterl b Inrerroxatory that rrrJi"o"ril'rJirifr-r,-i,i irii'i;ri"wirii-nrorn11r' r.inee 'rtnttcr clr' lx:en atrot l.to atr rlurlnF flrervorks ..,,"i,iilXit.i.'fi"i6iifO"irot t'e'found tlrnt rlx,trry bur lvhrch riii'di"i. ";i;ft;; rri"'iJi?ii--ii'hi' i,itrii uscd bv tnjured "):ill."dil't'...:{s.;x"t;tr,"q :$?":}i i]in'*ri:l,t"i"T'tT'-'J'l;?;'"','"':1.'",1: - 62f.23 Conrtrucllon ot socttont 624.20 lo 624'25 Nothlng tn sectlons 0?1.90 to 62{.25 slrull bc ionstrrrcrt to pmhihlt nny rcsl' rtctrt rvholc.sr,f"r. O*iot, or Jobber, from sclllng nt wholesnle grtclr flreworke a8 .re,ot lrertirr l,ioiiir,rt,,,i: ,r ihc snlc or airy klrrrl ol flreworkn for sllp' - t,cot dlrcctly orrt of tlc 6trtc; or the rt-st-. of flri'n'orks by nlrplmts nnd rall' rouds, or otnc, trol,q,o'rfnir''ri nscnclcs lor stgnal prrrlxrses or tllrrrnlnstlon: or the salc or usc of blnnk cartrklges for n show oi thenter. or lor slgnal or crcrcrnoulrl purl)oscs ln nthletlcs or snorts, or lor usc by mllltary organlz't' tlons or for use as a lllrd or anltlul rcpclling devlce' - Amcndert by Lnu'e 10?1, c- 710, ! l. clf' Junc 11, t97l' 1971 Amrndmcht. Added ihc Ph-raoc "oirot-uiioi & bt;d ot trnlmal repelllnS Oiiti:u' -to tttc Gnd ol thl. lectlon' - 624.24 Otllcorr may rclro lllogsl llroworkr 2' JurY qu"!tlonr-'oiIi(r"i-inoiher personr ln pos:esslon ol -f lriworks w€rc ol(erlnB or exposl.nE ihem tor sde, D that o(flcert lnay re:rze l,l'#,'."J oii lIi. " 8'J.',ii, rlh "\': "if, tl JulY 7. 125t' 71 luPplanaatart lndox to llotor Conllacrtlon 3iJiJ'ir',i"'liil.i z ! 3. Conlllcetlon e'qtltffi"i.';*fii*flH'[;[ lifi ::lt,i!:" l'x& "rf [s .r'",T di:., i U ;i i"li i,lti iei'if t"dTll.lt'i*'! Pf ii:Ri! Itili;i*"*tli"iif l'"+Iljs"ii:i:rir l- /r&,/* ftlL %l,a*ia /,/,/ @MaWht' 4i@r"/22/a1 dzl,a"7r* h/z//,t///rr/yt//r1%/f,b1@r/4tu*<a. tu/tl r //aZ!i fl qru-'t*, efu fu ,'tfu,ffi,t%ifutuaail'aru'ry lt Ml ayr,ytailV/*ft f*rfrtra* W{lr/fr um,flh'l *' wilild,a,r htr{*/a *4% flr;lvua4tW*-Ar/L*, fuM7-ffi/ ;MMT fryfq fo* frrruud'ofnoow'*%, CERTI FICATE OF INSURANCE CERT I F I CATE N0 . : I O C0NTRACT C0ST: Z 000.00 AMERICAN HOME ASSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THE BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Administrative Off ices 70 Pine Street, New York, N.Y. 10005 Thir il ro certify that ths inruranct policiet gccified below haw bocn i$ued by tho company indicated abo\rc to the lnsurcd namcdhersin and that. subiect to lheir provision3 and conditionr, such policia afford the coversge3 indicatld intofar ar srctr coririg;sippfv ,o tn"occupation or burinesr ol tha Named lnsurud E3 statad. T}IIS CERTIFICATE OF INSURANCE NEITHER AFFIRIIATIYELY NOR NEGATIVELY AMHENDS, EXTENDS OR ALTERSTHE COVERAGE (S) AFFORDED BY T}IE POLICY (IES) LISTED ON TTIIS CERTIFICATE. Nomoof lnrurcd: AMERICANA FIREWORKS DISPLAY C0MPANY, lNC. and Sponsors, Property Owners, Committees and l,lunicipalities as Additional lnsureds.Addrorr: 450 Third Street, Excelsior, Minnesota 55331 Occupotion or Bueinorr: Fi fewOrkS DiSplayS - CgntraCtOf Locorion ol oprrorionr, Lake Minnewashta, Chanhassen, Mn. Typo of lYork Covorcd:Fi reworks Display DATE OF DtSpLAy. JuIy 4, 198f Llmitr o{ Liobility lYorkmon' l Compon rorion Sloiuiory tratr! Bodily lniury Liobility Orhor thon Automobilr' Fi reworks Display Liability Proporty Domogo Liobility Othor thon Automobilo' Fireworks Display Liability' Automobilr Bodily lniury Liobility Automobilr PtoP.tly Domogo Liobi liry tkJk coch t..... .... occut?anc. t..... .... o9g..9ol. roch 3""' "" P'?ton roch t..... .... occu?tanca roch 3,.... .... occut?.nca Sinole Limit ay, coverage wi I I ms of this contract.N0TE: ln the event 'lndicoto in tho rpocr following Thir Corlificolo lrruod To: Nomo SP0NS0R: Addrorr Dcro Lake Minnewashta Fireworks C ornrnittee Lake Minnewashta, Mn. rain da te thr ortrrirk obovo tho typ. or ryprr ol cov.?og. offordod by thr policy. s992-7 1- 15 6/9/81 s992-7 1 - 15 6/gi8t the r proh i t this dispr inclement we on which disol CITY OF ?e CH[I'IH[SSEN 7610 LAREDO DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IVIEI,lORANDUM TO: Mayor and City Council FROM: City Manaqer, Don Ashworth DATE: May 18, 1981 SUBJ: New Facili-ties Usacre Policies We really didnrt have to worry about usage policies for the O1d City Ha1I no one wanted to use it unless there was noother choice. The new building is inviting and several requestsfor usage have been received. I would suggest that the council consider the following policies: TYPE OF GROUP PRTORITY RANKING City Cor:ncil r A11 First Establislred Ccnnr:issions Right-of-Usageor Boards Clrartered b1z the City Council OTHER CONDITTONS None Loss of Usage Building Ieft Rights Unless as For:nd Courteqg }deetj-ngs for Other Gover::rnerrtal Groups (Neigkrbori:rg Cities,6*ty, State) , Library Programs & Ccnnn:nity School Progrrans Established Civic Groups (Inocryorated Under State Laws as a Non-Profit Organi-zation) i.e. Lions, Jaycees, C.A.A., etc. Established Civic Groups of a Non-Profit Nature Second Thi::d Loss of Usage BuJ-1ding Left Rights tlnless as Found $100 Darnage Deposit if at Least Ttree Persons to be Attendirg Have Been Residents in the Cityfor at Least One Year. Fourttr CITY OF Jc- EHINHIS$EI{ 690 COULTER DRIVE . P.O. BOX 147 O CHANHASSEN, MINNESOTA 55317 (612) 937-1e00 MEI{ORANDUI{ DATE: llay 26, 1981 TO:Don Ashworth, City Manager FROl,t: Bill Monk, City Engineer SUBJ: Carver Beach Drainage (Oien property) A written complaint has been received from steven and BonnieOien concerning erosion on their property at 6780 Lotus Trai1.Eierd inspection has determined that the erosion is caused byoverland drainage from areas to the west in carver BeachErosion on the subject property is becoming severe and thepotential for damage to structures in the area does exist.A drainage problem has existed in this area for quite some timebut has become more serious with the constructi.on of the homeson Lotus Trial. Because of the severity of the problem and the time constraintsof the improvement process. r recommend a feasibility study beundertaken immediately to determine the scope and cost ofrequired construction as well as the assessable area. At the same time, Iega1 counsel should investigate the liability andresponsibility of the City, develop€r, and present owner in regardsto this situation. This office will continue to review temporary methods of abating the erosion. - ,, cc: Craig Mertz Bonnie Oien CITY OF EHAII H[$STI{ 690 COULTEB DRIVE ' P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Craig Mertz, Assrt. City Attorney FROM: Bill Monk, City Engineer DATE: May 26, 1981 SUBJ: Oien Drainage problem r expect this problem to reach the city councir in the nearfuture. r suggest you review the situation to be able to answerquestions about.the Cityrs liability and responsibility as wellas the possibility of legar action igaj-nst the builder anddeveloper. /3rurL"/* FUSSELL X. LAR3OII CFAIG l.. MEFI'Z O7 COUNsEL HAFIVEY E. SXAAR MANX C. HCCULLOUGH John R. CarrollBest & I'lanaganAttorneys at Law 4040 IDS CenterMinneapolis MN 55402 L,rnsox & Mr:ntz ATTORNEYS AT LAW. I9OO FIRST BANX PLACE WE5. MINNEAPOLIS, MINNESOTA 55402 TELEPXONE (6r2' 33s-9EGs Dear Mr. Carroll: Mr. Larson has asked me to respond. to yourconcerning the drainage problem on the Oien May 15, 1981 Re: Steven K. Oien property inCarver Beach, Chanhassen, l"linnesota letter of April 23, 1991,property. r am surprised to learn that wind.sor Development corporation knowsnothing of James Hauptman as he has taken out several buildinj permitsfor homes marketed by windsor Development, and he has appeared beforethe City council to present h'uilding plans for homes marketed bywindsor Development, and at least, in'1979, he was utilizing-wiia"o,Developmentrs business phone (831-07L7) as his business phone. Mr. Hauptman advised our buircling inspector that he, Mr. Hauptman,w?s a representative of rnternational Log Homes, rnc. r note thatWindsor Development and International Log Homes, Inc. share a conmonaddress, share a common telephone, and appear to share common corporateorILcers The culvert under Carver Beach Road has drained onto the Oien propertyfor more than.twenty years. when International Lot Homes, rncl tiokout the building permit for the Oien house, I"Ir. Hauptman, on behalfof International Log Homes, stated that the developlr was acceptingthe lay of the land as it was and wourd design aroi:nd it. f believe that I^Iindsor Development Corporation bears the responsibilityof preparing the oien site foi occupan-y, and that Windsor olvelopmentshould take any additional steps which ire necessary to remedy thadrainage problem at its expense. The City engineer is in the process of studying possible remedies tothe erosion problems. ! .t ,, ....i_,:1id,1r$ftt r .sf-.ir!r{:... ._.:._,-__ -l-{L )l't John R. CarrollL May 15, 1981 Page Tr,ro IL I If you believe that Mr. Hauptman $rag -misrepresenting his position orI was an imposter, please so ldvise and r w:.ir-ie-evaruate my position.L | 'x' t:"" vours 'L C_" ht u4-q CRAfc M. I'{ERTZAssistant Chanhassen City AttorneyL CMM: ner L cc: BilI Monk, City Engineer L L L L L L L L L L L L APR I98I RECEIVED VILLAGE OF C}IANHASSEN,ry \\.ttrr --(\C\*. Q-o.*ni\ A,\Jo C,\\\c\\{\sN. .\on \St,.sor\ \\s Lo.,\\c. \+.'vo \sn\stSrn, \n. \Slsn \Y \.5,,\\\ \q\r Lo.rnt\ \\e-fir\qr5 .: -, ':€5.i;.i''fqi:t ,... C C N u9 Ee It+\JIrI | ,i:t ii of LA Hiffi-p.'qqg Iq # L rA?p- o egola CITY OF 'ls- EHff'IHISStI{ 7610 LAREDO DRIVE O P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I,IEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June L, 1981 suBJ: Authorize Preparation of Report to Amend [park r Economic Development District" to Include Properties South of Hi-ghway5 (CPT Property) The original economj-c development district, primarily establishedto encompass the "Park I'property did reflect the city's intentto establish the properties south of Highway 5 (CPT property) as afuture part of the economic development district. Again, this was doneto ensure that aII parties would recognize the city's future intent,but the details of that district were not made a part of the specificfindings of the Council because of the 8/10 ruling (increments canonly be received for 8 out of 10 years following adoption of any onedistrict or for any phase within an overall district.). Therefore,it was prudent for the City not to include properties south of Highway 5 until such time as specific building activity was foreseen. The time to determine whether Phase II (property south of Highway 5) should be formally accepted as a part of the district and, therefore start the clock, is now. This statement is made in" recognition of another portion of the law which will not allow the capturing of any tax increments generated from buildinqlermits issued prior to the date of adoption of the district or secondary phase of that district (assumes that the building permit is issued for properties included in that secondary phase). Given the length of time required for preparation of a report from the City Attorney/BRw's office and the current time schedules of CPT, it is questionable as to whether the second phase of the economic development district can be approved prior to final approval of the building permit for CPT. It is recommended that an amount not to exceed $3,000.00 be authorized to be expended for preparation of a report outlining potential benefits/ liabilities of formalizing Phase II as well as outlining legal procedures to be approved. This recommendation is being made contingent upon the Community Development Director's clarification that revenues will be received in 1982, from the existing economic development district, in excess of the proposed expenditure authorization. ftrTunicipai DeveEcn,.tteFTE DEstnict F$c.T end'l?*x lncnem*n€ District h8c.Z PEa*t CHANHASSEN,MINNESOTA Prepared For: CHANHASSEN CITY COUNCI L 7610 Laredo Drive, P.0. Box 147 Chanhassen, Mi nnesota 55317 Prepared By: BATHER-R I NGROS E-WO LS FE LD.J ARV I S.GARDNER, 2829 UniversitY Avenue S.E. Minneapol is, Minnesota 55414 lNc. December, 1980 Contents ilt-ni- { x T fi l] I n ff T Tttttt _t t Pg.w. 5 5 5 l5 15 15 15 t7 17 17 21 23 23 A. B. ll. 25 25 26 27 28 28 31 5l 51 32 l.I NTRODUCTI ON Project Area Existing Conditions MIIJN I C IPAL DEVELOPMENT D I STR I CT I{0. 1 A. Basis for Selecting the Project B. Narrative Boundary Survey of Municipal Development District No. I C. Fi nd ings D. Objectives of the Municipal Development District E. Types of Redevelopment ActivitiesF. Municipal Developmenf Disfrict Plan G. Conformance with Local Plans H. Project Proposa I s l. Procedure for Making Modifications in an Approved Municipa I Development Pl an J. Maintenance and Operafion of Publ ic lmprovements TM INCREMENT FINANCING DISTRICT NIO. 2 ( ECONOM I C DEVELOP|'IENT PROJECT) A. Project Area Characteristics B. Narrative Boundary Survey of Tax lncrement District No. 2 C. Fi nd i ngs D. Tax lncrement District No. 2 Land Use Plan E. Proposal Project Area lmprovements F. Tax lncrement District No. 2 Development Plan G. Of f icial Action fo Carry Ouf fhe TID No. 2 Plan H. Procedure for Making Modificafions in an Approved Tax lncrement District Plan l. Method of Finance J. Financial Feasibi I itY lll. 3 IV. NOTICES AND RESOLUTIONS I Introduction A. PROJECT AREA The Municipal Development District No. 1 and the Tax lncrement District No.?, as proposed in this report, are located at the eastern edge of Chanhassen immediately east of the CBD. The project area consists of thatsection of Chanhassen, on both sides of State Highway 5, which is locatedentirely within Hennepin County. Figure 1 delineates the boundaries and therelationship of the two districts. The Municipal Developmenf District is being establ ished pursuant to Minnesota Sfatutes, Chapter 472A, in order to give the City Council theauthority fo carry out development activities. The entire project area isincluded in Municipal Development District No. I to permit the City to ccmplefe current as well as future improvements and developments. The Tax lncrement District (TlD) is being established pursuant fo Minnesota Stafutes, Chagter 273, in order to give fhe City Council the authority fo use Tax lncrement Financing as a funding source. Under Chapter 273, a TID has to be established as either a housing project, a redevelopment project,or an economic development project. Since this area qual ifies under thelast cafegory, it wi I I be an economic development projecf, which has aduration limifation of ten years. Also, because a TID can be establishedfor selected portions of the overall Development District and because it is advantageous to designate areas that have the greatest inrmediate develop- ment potential (within the next 2-4 years), only the northeast quadrant of the Development District is being designated as Tax lncrement District No.2 (fhe existing CBD Redevelopment Project is TID No. I ). Addif ional TlDs within the Development Disfrict can be established later, as required. B. EXISTING CONDITIONS The Development District encompass.s approximately ,l44 acres consisting ofpartially developed, agricultural, and open land (Figure 2). lt is bisected by Stafe Highway 5 within 72 acres north of the highway and 72 acres south of it. Existing developments include the Lyman lnc./Reply Systems, lnc. bui lding both of half and two single fami ly residences and Lumber complex and' fhe Press, which are located in the northern a farm in the southern ha I f of 5 Proiect Area Figure t i1*ro"l' I-,rf il ttt l_ttttt ttttIt {. t 'Y illlllillllll Mtrntcipal Oevelopment District .... Igr! lncrement FinanclngDistrict No.2 (Economlc Dcv.lopmant pror.ct, z/ ^$ ti-,.- .d CHANHASSEf\l DEVELOPMENT DISTRICT 1 CHANHASSEN. MINNESOTA o 15C 300 500rErF :'-l!!itl' Existing Conditions ,/ [ ,-,.c I -ll =f il rl T t] il u T u _--llr- iii!1. r ll iii iii ilit:t ltltliltl lil ill ilrlrl ili iil lli CHANHASSEN DEVELOPMEI$Y DISTRICT 1 CHANHASSEN. MINNESOTA 0 150 300 600HLr;-- ,r - -ll -- li riililiiI tt^ar., :{urssE'j I Ir----- ---- ---!-l t t_ Lt r_ IL Ir lL ,' I . Existing Utilities Fl$rc 4 smtta,y s.*.r[rAa--< watcrltah rol- Storm Drrf,rlgc 6-.s-.-Lc.t"h B..l CHANHASSEN DEVELOPMENT DISTRICT 1 CHANHASSEN, MINNESOTdI 0 150 300 600H--ilri- f -i:'innW ,/\/.t./// ', ,//\/.v(./\/ [] ,-., "_l I -ll-l I.--l I'LJ '\,. .// il[ I lt Ir : li tttttt I_ I I: I I: t x_ [_ [_ [_ L L r ll Municipal Development District No. 1 A. BASIS FOR SELECTING THE PROJECT The Chanhassen Municipal Development District No. I was selected to support wel I planned industrial growth within the community. This action is in conformance with adopted City Plans and in keeping with the emerging pattern of development. During negotiations with property owners it was determined that due to natural constraints of the site, and the Cityrs comprehensive plans which cal I for substantial publ ic improvements in the areas, the costs of developing within the project area would be prohibitive without the use of some form of public improvement cost writedown. Pro- perty owners have indicated that public improvements of the type recom- mended by this plan, underwritten by a combination ol tax increment financing and special assessments, would induce high levels of industrial development within the project area over the next 5-10 years. B. NARRATIVE BOUNDARY SURVEY OF MUN lC IPAL DEVELOPI,IENT D I STR ICT 1.0 . 1 Al I that part of the Southwest Quarter of Section 7, Townshi p I 1 6, Range 22, Hennepi n County, Mi nnesota, lying southerly of the southerly right-of-way I ine of the chicago, Mi lwaukee, St. Paul and Pacific Rai lroad. and The Norfh Half of the Northwest Quarter of Section 18, Township I 16, Range 22, Hennepin County, Minnesota' C. l. FINDINGS The Municipal Development District Act, 472A-01 , requ i res that areas proposed District designation must be found to be mun ify that are tra I ready bu i lt uPtt. For fe I t that the proposed proj ect qua I i f i es: site is atready partial ly occupied by indusfr-ial uses including Press, Reply Systems, and Lyman Lumber' b. Both the north and south sections of the project are alreacy set-- viced by partial ly completed frontage roads' Mi nnesota Statutes, ChaPter for MuniciPal DeveloPnent located in areas of the corn- the fol lowing reasons it is a. The The 15 g. Develop an essential minor arterial (West lB4th Avenue) as iden-tified by both Chanhassen and Eden Prairie Comprehensive Plans. D. OBJECTIVES OF THE MUNICIPAL DEVELOPMENT DISTRICT The City Council of the City of Chanhassen, in and for the City of Chanhassen through this project, seeks to achieve the fol lowing objectives: l. Promote wel l-planned industrial growth that wi I I serve to expand thefinancial base of the community and improve the source of publ ic revenue. 2. Develop new snployment opportunities within the City of Chanhassen for residents of the community and surrounding areas. 3. Accomplish the applicable goals of the cityts comprehensive Plan. 4. Provide maximum opportunity, consistent with sound needs of the City asa whole, for investment in the commuity by the private sector. 5. Provide suitable sites for expansion of existing community businessesto insure maintenance of operations within the City and create oppor-tunities for growth. 6. Provide safe, wel I designed and efficient access to sites within the project areas. 7. Provide for the construction of West l84th Avenue to the mutual benefit of Eden Prairie and the City of Chanhassen. 8. Design and install needed utility and other public improvements which are compatible with existing and planned city systems. 9. Provide general design guidance in conjunction with suitable develop- ment controls in order to enhance the phyiscal environment of the proj- ect area. E. TYPES OF REDEVELOPMENT ACTIVITIES The objectives of this Municipal Development District wi I I be accompl ished through the fol lowing actions: vacations of rights-of-waY, designation of new rights-of-way, construction of new streets, construction of public and private uti I ities, signal ization of infersections as required, berming and landscape improvements to reduce glare from on-coming traffic thereby improving traffic safety, instal lation of I ighting as required, and any other project improvements suitable to the needs of the project. F. MUNICIPAL DEVELOPMENT DISTRICT PLAN The recommended plan for the Municipal Development District No. I is 17 Potential Future Bridge over Railroad Service Development in Eden prairie T T T tr tt tt(to- Ill l['-. ill i[ hi' ffiIL ffilflr ffillltffiit]i Municipal Development District No.I Plan Flgwe 5 J L Propoocd Roadway lnd Utllity lmproycmentt ffi Burlnecs/Commcrclal fill Rcgloentlat Ci{AruHASSEI.: DEVELOPMEtii-, SISTRECT i CHANHASSEN. MINNESCTT a 1!., 'ii_r\ AnC -t: r- ,T}tED,TY" - l&t\E,. r_ t r_ t_ t Highway 5 is presently a iwo-lane highway. There are no improvementsprogrammed f9f Highway 5 in the vitinity of the development EF€o.However, traffic volumes are approaching the capacity of this highway.The 1978 average daily traf f ic volume Jn Highway 5 is 'l5,9OO ,eiiclesat the easter I y edge of Chanhassen.V Following is discussion of major traffic impacts of the proposed plan: . A principal entrance to the site will be from the proposed north-soufh arterial (l84th Street). The intersection of the extended service road serving the site and l84th Street can be designed to adequately accommodate traffic entering and leavingthe site. This intersection is to be located approximately 800feet north of the Highway 5/184th intersection. This would pro- vide a good separation between these two intersections and so no i nterference between the two is expected. . The service roads, as proposed, will provide adequafe access toproperties within the site. . The intersection of West l84th Street and Highway 5 will need to be designed as a major at-grade intersection. Turn lanes should be provided as required to minimize delay and improve safety. Traff ic signals should be installed initially at this intersec-tion or provision should be made for instal I ing signals when these become warranted. G. CONFORMANCE |,IITH LOCAL PLANS l. City of Chanhassen Draft Comprehensive Plan The Cityts draft Comprehensive Plan contains a number of goals and objectives relevant to this project. Three of these objectives relate directly to improvements being proposed by this plan. These read as fol lows: Publ ic Faci I ities Ob.iectives o Provide public sanitary Sewer, water, Storm water, electrical, natural gas and communication service to al I urban density resi- dential developments and all non-residential, conrnercial and industrial uses in a manner which is responsive to natural resource protection concerns within the City. . Al I uti I ity systems should be instal led in newly developing areas before or at the time of development. This allows for more economical utility installation, reduction of damage to !/ 1978 Hennep in County Traf f ic P I an lr4ap - 21 L r_ I- L f T- T_ r_ [_ [_ [_ [_ [_ [_ L [_ [_ L T The Comprehensive plan indicatesplans for industrial development that Eden Prairie is aware of Chanhassenrsin the Municipal Development District. H. l. PROJECT PROPOSALS Land Acquisition No property will be acquired to achieve the objectives of this MunicipalDevelopment District No. l, except street rights-of-way indicated onFigure 5. Relocation Pl an No relocation of existing property owners or tennants is anticipated. Developerst 0bl igations Developers will be required to enter info binding agreements with theCify to guarantee levels of development activity sufficient fo fund theproject. No funding wil I be committed by the City for site improvementsin accordance with this plan until these agreements are in place. I. PROCEDURE FOR MAKING I.4]DIFICATIONS IN AI'I APFROVED MUNICIPAL DEVELOPMENT DISTRICT The Municipal Development District Plan may be rnodif ied, provided the modi-fication shall be adopted by the governing body of the City of Chanhassen, pursuant to the appl icable provisions of Minnesota Statutes, Chapter 472A (Laws 1974, Chapter 485), as amended, and Minnesota Statutes, Chapter 273(Laws 1979, Chapter 322), as amended. J . MA I NTENANCE Al.lD OPERAT I ON 0F PUBL I C IMPROVEMENTS After installation, all public improvements will be maintained and operated by the municipality otrr in the case of Highway 5, improvements will be maintained by county or state authorities. A possibi I ity exists that at sone point in the future l84th Avenue will be utilized to provide access to properties in the City of Eden Prairie. lf is assumed that some sort ofjoint powers agreement to maintain this road will be entered into at that time. K. ENVIRONMENTAL CONTROLS The environmental controls to be applied in connection with the execution of the Municipal Development Program shall consist of the applicable regu- lations of the Riley-Purgatory Watershed District, the applicable ordin- ances of this Municipality, and the applicable provisions of Minnesota Statutes. 2. 3. 23 Southwest Quarter; thence southerly along said east line to the norihe.ry i ine of the street easement described in Document No. 4441308; thence westerly 25 feet along said northerly line to ihe westerly line of.Y::t 187th StreetasdescribedinsaidDocumentNo.444.lS0S;thence southerly along said westerly line and its southerly extension to the soufh I ine of said Southwest Quarter; thence easterly alono said south I ine to the point of beqinning. t. FINDINGS Minnesota Law Provides Districts. Minnesota districts as fol lows: for the establ ishment of Tax lncrement Financing Siatufes, Chapter 275'73 Subd' 9 defines these I ,Tax incremenf f inancing distritttt ?l.rtdistrictrr means a contiguous or noncontiguous g"oo.upni" u."" within a project delineated in the tax increment financing plan' for. the purpose of financing redevelopment, housing o-r economic development -in mu.nicipal ities ttrrougn -ine use of 'tax increment generated from the captured assessedvalueinthetaxincrementfinancingdistrict.|| 2.Thelawfurtherprovidesforthreetypesofdistricts,eachservinga wett def ined need and """n iur'iig 1if ierert qualifying standards' The proposed ttD No. 2 is intended +o'Ue an rrEconomic Development Project'rl To quality as -an ,rEconomi"-OLr.topment Pro.iect" th" proposed district musf rneet uil"ist one of the fol lowing requirements: s.ltwilldiscouragecommerce,industryormanufacturingfrommovingtheir operations to another state; or b. lf will result in increased employment in the municipality; or C.ltwillresultinthepreservationandenhancementofthetaxbaseof the municiPalitY' TheproposedChanhassenTlDNo.2qualif.iesasanEconomicDevelopment Pro.iect under .;;i;;;"nts b' and c' listed above' I I r The Proiect wi I I result Chanhassen. An estimate develoPed as fol lows: AssumDt i ons in a substantial increase oi n"* jobs created bY the in emPloYment within completed Project was . A Floor Area Ratio (FAR) ot 25% o Total undeveloped site acreage = 58 acres . A 50/50 spl it between industrial and warehouse uses -i l 26 was assumed. tr c' Period During Which Land Use Provisions and Requirements r,Ji ll be inEf fect The requirements and provisions of Section D.2.a and D.2.b of thisEconomic Development project shal I apply to al I acquired propertiesexcept where strict compl iance thereto would, in the judgement ofthe city counci t based upon recommendations of the'planningcommission, either cause a hardship for an existing owner and/or isnot in the best interest of the Project and/or tfie City and wou ldnot contribute to the achievement of the objectives ol thisEconomic Deve lopment project, These requirements shall remain in effect for the duration of the Economi c Development project. t- I I i E. PROPOSED PROJECT AREA IMPROVEMENTS The objectives of fhis Economic Development Project will be accomplishedthrough the fol lowing actions: vacations of rights-of-w6y, designation ofnew rights-of-woY, construction of new streets, construction of publ ic andprivate ufilities, signalization of intersections as required, berming andlandscape improvements to reduce glare from on-coming traffic therebyimproving traf f ic safety, installation of lighting as required. F. TAx INCREMENT DISTRICT tCI. 2 DEVELoPMENT PLAN The recommended plan lor Tax lncrement District No. 2 is illustrated inFigure 6. Principal elements included are roadways, uf ilities, andinsfal lation of signa ls. Specif ically, the recornmended improvements consist of : o Completion of West 187th Avenue to West 77th Street. o Construcfion of West 77th Sfreet befween I'test l84th Street and l87th Avenues. . Construction of a local access road north of West 77fh Street. . Construction of the Chanhassen half of Wesf 184th Avenue. . lnstallation of uti lities to service all parts of the Districf . . lnstal lation of partial turn lanes and signals af State Highway 5 and West l84th Avenue. 28 l -r ---- -____ ,i:rr,r.; li::::ji1.: I 'ii'r;: r tf!"'i ax lncrement District No.2 Plan lEconomic Development Proiectl Flgure 6 J L Propo""d Roadway a$ Ututy inproyemcnts @ au.r,""8/commcrcld ) ..- -\..----- CHANHASSEI\J DEVELOPMENT" DISTRICT 1 CHANHASSEN. MINNESOT', 0 150 30q 600ITEF :-113pgir I I I I I I 1. METHOD OF FINANCE The City Council ln and Forlncrement Financing pursuant to NO. 2 PLAN City Council is responsible forrequiring official action by Cify the City of Chanhassen, elects to use TaxMinnesota Statutes, Chapter 273 as amended, G. OFFICIAL ACTION TO CARRY OUT THE TID ln approving the TID No. 2 plan thecarrying out those elements of the plan government: . Vacate streets and/or al leys . Accept dedication of streets and/or al leys o |;:::-r:ji;:". in pubtic uri tiries, srreers, sidewarks, sewers, and Adopt necessary zoning changes pertaining to land included in thisproject area Support provisions for financing the net project cost Authorize contracts for construction of required improvements asdetai led by this plan ' Enter into contractual agreements with property owners to insureachievement of plan objectives H. PROCEDURE FOR MAKING MODIFICATIONS IN AN APPROVED TAX INCREMENTDISTRICT PLAN The Tax lncrement District Plan may be nlodif ied provided that the rnodif ica-fion sha I I be approved by the cify council under provis ions of theMinnesota Tax lncrement Financing Act of the State of t,iinn"rtt" statutes,Section 273.74 Subdivision 4, as follows: Subd' 4, (MoDlFlcATloN oF PLAN) A tax increment financing ptan may bemodified by an authority, provided that any reauction or "ilu.g.r.nt ofgeograph ic area increase in amount of bonded indebtedness to beincurred, increase in the portion of the captured assessed value to beretained by the authority, increase in totar estimated tax incrementexpenditures or designation of additionar property to be acquired byfhe authorify sha I I be approved upon the notice and after suchdiscussion publ ic hearing and findings required for approvat or theoriginal plan. The geographic area of a fax increment financing district may bereduced, buf shall not be enlarged after five years following the dateof certification of the origina-l assessed value by the county auditoror five years from the effective date of this act for tax incrementfinancing districts authorized prior to the effective date of the act. a a 3. Bonded lndebtedness to be lncurred It is anticipated that one General obl igation bond issue would berequired to carry out fhe development proi.u, for the Chanhassen Tax I ncrement District No. 2. The bond iisue is proposed to tota I$1,000,000. An interest rate of 9.25 percent and a term of eight yearswere assumed in making cash flow projections. The project would closeout in 1989, however, if developmenl were to occur i; excess of theconservative levels project or other factors such as a high rate ofinflation contributing to a rapid acceleration of property values wereto occur, then the bond issue wculd be subject to an early'recall. 4 . Cash F low lvlode A compuferized cash flow model was developed to illustrate the finan-cial feasibi lity of the Chanhassen Economic Development District #'l .The model was based on conservative fiscal assumptions whereverpossible. Folrowing is a rist of the assumptions used: 6. Cash Flow lr4odel Assumptions 1) Developments included in the model are listed in Table i. Thislevel of development is far below the total capacity of theproject site and represents only those developments which canbe safely assumed wi I I occur. TABLE 3 ASSTJMED LEVELS OF DEVELOPMENT a, 3. 100,000 S.F. Office and I ndustria I Faci I i+y (20fi 0ff ice, 801 I ndustria I ) 50,000 s.F. lndusfrial Faci I ity 100,000 S.F. Office and I ndustr ia I Fac i I ity QOfi Off ice, B0l lndustrial ) $2,880,000 $1,5oo,ooo $990,000 $447,000 Year of Substant i a I 1982 I 985 at that project by the 33 $2,880,000 $990,000 I 985 2) The projecf wi I I end in 1989 with al I taxes reverfingtime back to the other taxing jurisdicfions. 3't The original estimated assessed value (1980) of the area is $15'l ,045. The actual value will be determined County Assessor at the time the District is certified. Construct i on Value Assessed Value l i . Capital Expendifures - The cost of construction for planned i mprovements. 0ther Expenditures - The associated costs of administrative expenses. Total Expenditures - The sum of capital and other expenseso Net Receipts - lncome less expenditures. lnvest Earninq - Amounf of money per year from the invest- menf of unused funds on a iO-day basis at 6% interest. Sub-total - Sum of Net Receipts and lnvestmenf Earnings 3) Table 6 This table prints out existing debt, a payback schedule for thefirst bond issue, and a cumulative reserve. . Rev Year - year in which the activity occurso New Prin & P&l - The debt schedule for the bond saleexpressed as the principal payment and the combined prin-cipal and interest paymenf.. Annual sur/Def The amount of funds spent per year as asurplus or as a deficif.. Reserve The cumulative tofal of funds in the projectaccount. (Note: Whi le the reserve drops below 0 during Iyear, it can be assumed that by regulating the rate ofspendinq and/or interim loans, the project witt exhibit aconstant positive cash flow. 5. Estimate of Tax lmpacts of the pro.ject For this analysis it was assumed that the annual rate of inflation inassessed property values in the district is |fr. This data is based upon astudy wh i ch was performed on properties located wifh in the nearby Chanhassen CBD. $ Assessed Va I ue I nf I ated at 86 151,045 163,129 176,179 190,273 205,495 221 ,934 239,689 258,864 279,573 301 ,939 Cumulative D i fference Taxes at 98.881 mi I lsYear I 980 198 t 1982 I 985 I 984 1 985 r 986 1 987 1 988 I 989 TOTAL 12,094 25,134 39,228 54,450 70,889 88,644 107,9 t g 128,528 150,894 i,,,, 2,485 3,879 5,384 7,0'10 8,765 10,66 1 12,709' 14,921 $67 ,009 35 TABLE 4 CASH FLOW MODEL BON[' I SSUH T]ROCEEIIS _ANtr SAt-E INC0i'ila :F.L!UtrUrUUU ItO INVEST, INC. E INCREHENT INCOi"IE 12. 00 !t3513 r'l77 $8?7r 1.3J. TOTAL INCOHE $?rLBEr.JOB :APITAL CCISTS tb79ll r O0O JTHEE COSTS CAPITALIZEN INTEREST $o Sd9 r 375 TOTAL EXF,ENNITURES fFBdL r 375 IALANCE OF TIEBT SER S1r???r416 $?4 r 507 IASE YEAR COMPUTATION?Eon UALTJE HrLt-s 1.99O , 151 r 0OO ?5. OOO REU. F,ftO.J. TAX l''1tltl --- F0_i\,J!____ TrlT0_[_._._=_ YEAR a.' '1990 AU 151 r 0OO INCRE SALES u1'r.rEH FltoCEEir$ F{E{:FT'S _l)_-- fiL981 L55r50OL9Bl Lr15OrJ.0O1?93 J. r631r60O 1984 I r68Or5OOl.?85 ?t7?:[ rOOO 1986 IvSO3r60OI?87 2v886 ITOAL?88 :Iy?73 y30O :l ?99 3, o6? r 500 0 2:31 t5.L r?79 SL v65O 86 r ?O3 L 4O r 155? .1.5O r 676 .t 511 r 456 n 0 0 r) (.1 0 U 0 u \J U o (/ o 0 o 0 tt U tt o ,t tl I y\.,tJUrL,UL, I y(.J(/\Jy0(,rt., t ) J,5.t 5:l r ?,2? $ lL r risti {36 r 90.5 .[,]0 :, 15i'l1l :L l1i0 r $.7r5 .L li5 r .lIid 0 160_r.3,211'.1&O t377 37 -{ - *.!*i:*.rEili1\; lV Notices and Resolutions A. TRANSMITTAL TO CARVER MUNTY HERALD B. TRANSMITTAL TO MINNEAPOLIS TRIBUNE C. NOTICE OF PUBLIC HEARING D. RESOLUTION APPRovtNG THE r,4tJNtctpAl DEvELoprvrENT PROGRAM AllD TAX TNCREMENT FINANCING PLAN Ar.lD THE USE OF TAX INCREMENT FINANCING 39 EUSSELL ts LARSON .eAtG M. FERTz _ cr couNSEL HAFIVEY E. SiAAFI MARX l:. HCCULLOUGH - MinneaPolis Tribune 425 Portland Avenue _ MinneaPolis, MN RHL: mep Encl. cc: L.rnsox & )ftnlz ATTORNEYS AT LAW IgOO FIFIST BA:ii PLACE WESI MtNNEAPOLIS, MINNESOTA 55402 November 28, 1980 Very trulY Yours, .!'ELEPH ON E {6r?) 333-e365 Re: City of Chanhassen Legal Notices Gentlemen: please publish Ehe attached noEice 9f public hearing on the proposed creation-of a develoPment-district in chanhassen, said publication to occur o" bt before December 4, 1980' please furnish Ehis office with your. affidavit of publication and send your"invoi"" addressed -to the city of chanhassen' RUSSELL H. Chanhassen LARSO}I CiEy AttorneY Peter Jarvis, BRW i. -i"tome-Carlson, Instant Web ;;.;k-g;daor, Jf,., rnstant web Jules Smith Donald W. Ashworth NOTICE OF PUBLIC HEARING CARVER AND iIiINNEPIN COUtiTIES, MINNESOTT1 NOTICE OF PUBLIC }IEARING ON Ti]E PROPOSED CREATION OF A DEVELOPMENT DISTRICT Notice j.s hereby given that the Chanhassen City Council will meet at 7:30 p.m. on l4onday, December 15, 1980 at the Cit.y HaI1, 7610 Laredo Drive, Chanhassen, Mi-nnesota, for the purpose of holding a public hearing for the consideration of: I. The designation of Municipal Development District No. 1, pursuant to Chapter 472A of Minnesota Statutes; and 2.The adoption of a development program pursuant to Chapter 4?2A of Minnesota Statutes, including a statement as topublic facilities to be constructed within the district, open space to be created, environmental controls to be applied, the proposed re-use of private property, and the proposed operations of the proposed district after the capital improvements within the district have been completed; and 3.The approval of a tax increment financing plan pursuant to Chapter 273 of I'linnesota Statutes, including estimates of the cost of the proposed district, the amount of bonded indebtedness to be incurred, sources of revenue to pay public costs, the most recent assessed value of taxable property in the proposed district, the estj-mated captured assessed value of the district at completion, the duration of the proposed district's existence, and an estimate of the impact of tax increment financing on the assessed values of all taxing jurisdictions in which the district is located in whole or part; and 4. The designation of an economic development district pursuant to Chapter 273 of Minnesota Statutes. The proposed municipal development district and economic development aistrici jnclude all or a portion of those tracts of land which are more particularly desciibed on Exhibit A attached hereto and made a part hereof. The development program and tax increment financing plat is "Y3tlablefor inspeciion .i CIty HaII during regular business hours ' AIl persons interested may aPPear and be heard at said time and place ' tsY ORDER OF THE CHANHASSEN CITY COUNCIL DoneTaI[. -Eth-w-or6, -Ei ty t"tan a g e r pubtished in the carver cog-lEy__l-elgtd on December 3, 1980. publish in tne rlinneap-oTfE-fr-i-6uire 6F or before December 4, 1980' CITY OF CHANHASSEN CARVER AND HENi{EprN couNTIES, I"IINNESOTA ated -otionffi Resolution No. RESOLUTION APPROVING THE i,1U}JICIPAL DEVELOPMENT PROGRA]"I AND TAx INCREI\,IEI{T FINANCING PLANAND THE USE OF TAX INCREMENT PTNANCING WHEREAS, it is desirable and in the public interestthat the City of Chanhassen (hereinafter the Municipality)undertake ."i-carry out-a municipar development program, pursuantto chapter 472A of Minnesota stalutes, encompassing the areawhich is more particularly described on Exhibit A attached heretoand made a p35t hereof, (ivrricn area is herein caltea the MunicipalDevelopment District), and WHEREAS, it is desirable and in the public interest thatthe Municipality undertak.^1ld carry out a tax increment financingpIan, pursualt. t9 chapter 273 of t'tiinesota statutes, encompassingthe area, which is moie particularry described on Exhibit B attachedhereto and made a part hLreof, (wfrictr area is herein called theEconomic Development District), and WHEREAS, the city councir has reviewed ,,The tluniciparDevelopment District No. I Pran and Tax rncrement District No. zPIan" dated December 1980 and prepared by Bather-Ringrose-giorsfeld-Jarvis-Garder, Inc. (herein calted the pian Booklet), which setsforth a municipal development program for the municipar developmentdistrict and a tax increment finaicing pran for the economicdevelopment Cistrict, and IfHEREAS, the Plan Booklet sets forth the municipality,sestimate of the fiscal and economic impact of the tax inciemenlfinancing on the assessed values of ali taxing jurisdictions inwhich the economic development district is 1o6a[ed, and themunicipality's estimate of the fiscal and economic implications ofthe tax increment financing district, and WHEREAS, the plan Booklet has been submitted to thechanhassen Planning commission, the pranning agency of theMunicipality, for its review, and WHEREAS, the plan Booklet has been submitted to theBoard of commissioners of Hennepin county, Minnesota for itsreview, and I{IIEREAS, the plan Booklet hasSchool Board of the Eden prairie School been submitted to theDistrict, and 6 - That. the city council hereby designates the City Manager ofthis- l'lunicipality as the responsibre 6rricei to ..i ." administratorof the Municipal Development District. 7. That the city council, acting pursuant to section 472A.lLof Minnesota statutes, hereby declines-to appoint an advisory boardfor the Municipal Development District. 8 ' That the Municipality hereby states that the environmentalcontrols to be applied in- connection ruitn the executlon of thel"lunicipal Development program sharl consist of the-appricabreregurations of. the Riley-iurgatory watershed District, theappficabre ordinances oi thi; uuniciparity, una-tr,.' "ppricabreprovisions of Minnesota Statutes 9 ' That is is hereby found and determined that the areadescribed on Exhibit. B hereto is an Economic o"".i"p*ent DistrictwithinthemeaningofChapter273ofMinnesotastat"fI=:-.. 10 - That is is hereby found and determined that thedesignation of the area deicribed on Exhibit B rreielo as anEconomic Development District will discourage commerce, ind.ustry,and manufacturing from moving their operati6ns to another stateand wilr result in increased-employme.rt in the Munitiparity, andwill preserve and enhance the tlx 6ase of the Muni.ipirity.' 11- That is.hereby found and determined that the proposeddevelopment of said Economic Development District would not occursolely through private investment within the ."u.orruUty foreseeablefuture and therefore the use of tax increment financini ,ithin saidEconomic Development District is deemed necessary. L2. That is hereby found and determined that the tax incrementfinancing pran set forth in the pran Booklet conforms to thegeneral plan for the development of the Municipality as a who1e. 13 - That is is hereby found and deLermined that the tax incrementfinanuing plan set forth in the Plan Booklet will afford maximum lPPortunity, consistent with the sound needs of the City as a whole,for the development of the Economic Deveropment oistrici byprivate enterprise. 14. That the tax increment financing pran, as set forthin the Plan Booklet having been duly revierved and considered, ishereby approved and the area described in Exhibit. B hereto ishereby designated as an Economic Development District pursuantto Chapter 273 of t"linnesota Statutes. 15. That the City Manager is hereby directed to file acopy of thris resolution and a copy of the PIan Booklet with theminutes of the city council and with the state ptanning Agency. -3- I Ir t1- I I L t L L L I L L IIl- L I I L L tL L IL I t HCIIBIT A IIARRATIVE SOUNDARY SURVEY OF I,IUNTCIPAL OEVELOPT,IEI'IT DISTRICT TO. I Al I that part of the Southwest Quarter of Secti on 7 , Townsh i p I 15, Range 22, i.lennec i n bunty, iHi nnesota ,lying southerly of the sou?herly richt-of-way i ine oi the Chicago, Mi I waukee, St. Pau I :nd Pac i t ic Ra i I roaC . and The North Halt of the llorthwest 'luarter oi Section tg,' Township I 16, Range 22, Hennegin County, Minnesc?a. EXHIBIT B I.:F.RRAT I VE BOU:.IDARY SURVEY OF TA,X II.ICF EVEI.IT D I STR ICT i\CI. 2 That oart of the Southwest Quarter of Section 7, Township l16, Ranqe 22, Hennepin County, Minnesota, 4escr ibed as fol lows: Beqinning at the southeast corner cl said Southrrest Quarter; thence northerly alono the eas? I ine of said Southwest Quarter to the southerly right-ot-way I ine of the Ch icago, l,li lwaukee, St. Pau I and Pac i f ic Ra i lroad; thence southwesterly alonq saiC soui\erly right-of-way I ine to the east I ine of the west :410.40 feet of said sou?hwest Quarter; thence southerly alonq said east line to the northerly line of the street easement described in Document No. 4441508; fhence t{esterly 25 f eet along said northerly tine to the westerly line of west i87th Street as described In said Document No. 4441108; thence southerly along said westerly I ine anc its southerly exfension to the south line of said South'rest Quarfer; thence easterly alonq sald soufh line to the point of beqlnninq. I T E t t E E E t t t t I lo-CITY OF EH[I\IH[SSTN 7610 LAREDO DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ItIEIvtORANDUI,I TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June 1, 1981 suBJ: Reschedule special Meeting Date, Tour various public Improvement Projects The Tour of Christmas Acres Addition as well as Carver Beach Areawas postponed in light of the meeting scheduled to review publicfacilities as well as the CpT facilities. A rescheduled meeting date of June 20th is recommended. A.DMIN ISTRAT IVE PRESENJATI ONS Sheriff 's Report tlonth of AoriI Letter to Don from City Attorney regarding Dale Green Letter to Jim 0rr regarding Fox Chase & American Legion Letter to Scott Martin form BRt,l dated May 18, 1981 Corpotate Report dated May 1981 Letter to Don Ashworth from Metro. Council regarding Randy Herman-Field Letter to Don Ashworth from Mett'o. Council regarding Lake Lucy Boat Access Letter dated 5-22-81. to Bob l.laibel from C'ity Attorney regarding PrzymusDrive Four GoIf Range Photo of "I D0! ID0!"'s Maple Leaf Award Letter to John Neveaux from Dept. of Commerce regarding Kraus-Anderson Proj. Memo from Bob trJaibel to Don Ashworth regarding Chaparral West Correspondence from Ci ty Attorney regardi ng Fi sher vs. Ci ty of Chanhassen Correspondence from City Attorney regarding Lovetang v. Bloomberg & City of Chanhassen '. Agenda for Chanhassen Housing and Redevelopment Authority 5-21-81 Letter to James E Barton from Scott Martin regarding Informal Review ofCity of Chanhassen Comprehensive Plan Assessment Noti ce - Board of Equi 1 i zati on Memo from Russ Larson to Don Ashworth dated Ma.y 26.,1981 Re: Near Mountain Deve'looment Contract Phase I SHERIFF',S DEPARTI'IENT MONTHLY AREA REPORT CITY OF CI{ANHASSEN I,4ONTH0F A.n^I- .19fiI Analysis of Police Enforcement l&* 9** ah ltt'rj F'.}This Year=.-lh] s lo Month Date Last Year TFi s 16- Month Date 1'. 2, 3. Traffic Violations Parking Violations Animal Violations ; rq lla^r% CRII'lINAL OFFENSES 1. Robbery2. Burgl ary3. Burglar Alarm4. Theft-lrlisc., Felony5. Auto Theft6. Narcotic Drug Law '7 . Di sorderly Conduct8. Assault9. Sex Crimes10. Vandal ism PROBLEMS 1. Prowlers2. Animals3. Fami )y Quarrel4. Accident's p.D. 5. Acci dent's p. I .6. Accident's 0ther Fnrtc7, Medical Erergencies&. 'Open Door9. False Alarms10. Fire & Arson11. l-lotorist Assistancel?. Miscellaneous, Nuisance Calls13. Misc. Traffic14. 0ther Infor:mation 3TE 31 r3 4t,,'5- <- )>tJ,w '/3- XN '/,L _M_ E-B-5la,Ll .30 ,f, -lr -ru ..1_. JgLtn ,f ..ee15 45EE -Tq- -:r--U-Tr -r -_5t* * .5 ,IT - 'rf.la 11 g 47T-T at3ar11,14 t (, ctr..r tl, -- :.*. 1-3+lrtEa3.-:.::-:=t t!a5.: -51 4-20-81 132 1 Burglary 695 Pleasant.View 4-ZL-81 L032 Theft 7601 Chan Rd. #104 4-2L-81 1645 H&R #s/#1.0L 4-22-81 1322 A I ann- Fal.se 225 Gr. Plains Blvd. 4-?2-Bt 20s4 Open Door 406 Highl and 4-22-Bt ?226 Acc. PI Powers/Pleasant View 4-23-81 1828 Burgl ary 8005 Cheyenne 4-24-81 2320 i Acc. PD Pauly's 4-24-Bt 2302 Acc. PI Lower Y 4-25-BL 0222 Al arrn- Fal se Dinner Theatre 4-26-8L 0630 Al anrFal se Pauly's 4-27-8L 0652 Al arm- Fal se Halla 4-27-81 0811 Al arm- Fal se State Bank 4-27-81 0813 Vandal ism Lawn & Sports 4-27-81 0950 Vandal ism Gedney's 4-27-Bt 1850 H&R B I ador 4-28-81 0303 0pen Gate Hanus 4-28-81 0648 Al arrr FaI se Hal I a Nursery 4-28-87 1107 Acc. PD #L0UPleasant View 4-28-81 2055 Theft 6740 Powers B'lvd. 4-29-8t 1239 Burglary Arboretum 4-30-81 1338 Al arm-Fal se 403 Highland I I I RECEIVED lrlAY 15 198t CITY OF CHANHASSTI.I ::::i:::,';:=",' or .II"..,- HARVEY E. SKAAR MARX C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Dear Don: You have requested this office to of the DaIe Green Co. conditional Le.nsoN & Mrntz ATTORNEYS AT LAW I90O FIRST BANK PLACE WEST MINN EAPOLIS, M INN ESOTA 55402 May L4, 1981 Re: DaIe Green Co. Conditional Use Permit Renewal rtn;,,gr TE LEPHON E render an opinion on the zoning status use permit. The permit was granted on March 29, 1971, under the provisions of the former Chanirassen Township Zoning ordinance. Thereafter, on March 9, L972, the Chanhassen Zoning Ordinance (No. 47) became effective, whereupon the use became a non-conforming use in an R-IA District. Section 20.04 of the present Zoning ordinance is most explicit on the issue of the termination of a non-conforming use. This section provides as follows: "...20.04 Termination of Use. In the event a non- contormingffid@ (1) @tnforming use is r:eplaced by a EonJo-rming use, any subsequent use of thg pfemises shalI be in conf egulations We are of the opinion that there has been a non-user of the premises for which the plrmit was granted and that this non-user invokes the termination provisions of Section 20 -04. In other words, the DaIe Green Co. has not used the premises for the prrrpo=e= intended which thereby causes a termination of the non- Loniorming use status. Incideitat and trivial use by the company is not suffilient, in our opinion, to prevent the termination' could conceivably be allowed as a conditional use inThe proposed use an I-1 Industrial RUSSELL H Chanhassen CitY AttorneyRHL: ner District. May 18, l98l Mr. Scott tr4art in HRA Executive DirectorCity of Chanhassen 690 Coulter Drive Chanhassen, MN 5551i Dear Scott: Pursuant to our discussion yesterday, we are submitting herewith our proposalfor preparing the required EAI{ for the Downtown Redevelopment project. Based upon the proposed project plan, BRW will perform all impact analysis forall EAI'/ environmental categories and products. Specif ically, BRW wi ll addressthe air qual ity analysis by estimating increased automotive'emissions and the land B hour rnaximum carbon npnoxide oncentrations at the nrost heavily impactedintersection. Discussion of measures to mitigate air qual ity impacts ofconstruction and operatiori wi ll be included. The noise analysis section of theEAI'I would include identif ication of sensitive receptors and estimation of theimpact of increased traffic noise of those receptors and the identification ofpotential construction noise impacts as well as a discussion on mitigatingmeasures. Upon completion of the draft EAW, BRlJrI wi ll review the document with the City andmake any necessary revisions. Upon completion of the f inal EAlr'/, we wi ll for-mal ly submit it to the City of Chanhassen and the appropriate State agencies. As part of the EAW process, BRW will also prepare an essential traffic analysisstudy of the project area and integrate the onclusions in the EAl,l. The product will consist of 5 copies of a draft report for staff review and 50copies of the final report. (Approximately J0 copies are required for submissionto var ious Sta.te agenc ies. ) We propose that compensation for these tasks be on an hourly basis with not toexceed total cosfs as fol low: uuvr -1- Kft Q/nc. /x s^l' 6/t/tt c-<- f,".L'&'' CIIY OF CHANHASSEN RECEIVED MAY 2 0 tggt COII,IMUIIIil DEVETOPfVIENI DEPI. ._:2..: EAI'/ Preparat ion lrali rc Ana I ys i s Study $5, 200 $2,900 TOTAL $B , ooo BATHER, RINGROSE ViOLSFELO JARVIS GAFD\EF INC 2829 UNIVETSiTY AYE S E MTNNEAPOLTS. MN 55414 PHONE 512 / 3797878 fi FOR LOVE AND MONEY: CPT AT 10 il\,,ff..r1 .,& :frt ,,1;,}; . a,:l ,\ I CPT founder and CEO Dean Schelf machine with superior software, is priced at $10,000 -and climbing.) The Displaywriter announcement caused many observers to predict an industry shake- out that stand-alone specialists like CPT would not sur- vive. And indeed, the casualties have been heavy. A number of rvord-processing companies have recently sold out; for many of them, acquisition was the kiss oI death. A.t the high end of the word-processor product line, something called "clustering" occurs. The term is generally used to describe a family of terminals (either smart or dumb) sharing the logic of a central processor -which is a logical approach for customers who require word processing and data processing in one system. IBM's clustered systems feature terminals with minimal memory; Wang's terminals have no intelligence of any kind. Scheff remains convinced that the smart stand-alone, with its shared-resource capability, is the smart buy- even for the Fortune 1000. The problem with shared- logic clustered systems is that when the central processor goes down, the whole system goes down. "This is where Wang has gotten into trouble," says Stearns. "They've had real service problems with the WangWriter." With shared-resource, each work station has its own micro- processor, allowing it to function independently of the network. But the company will continue to place the highest priority on stand-alone sales to smaller customers in smaller markets. Melody Johnson, who follows the of- fice-products industry for Kidder Peabody in New York, calls this "a very smart strategy." Over the next i.q1se';x 3 two years the second-tier market should sustain CPT's profitability, she says. For the longer term, the compa- ny can choose one of two ways to grow: horizontally, by expanding its product line at the lower end, or vertical- ly, by developing a broader range of sophisticated office products that can communicate with one another-the network approach favored by the Fortune 1000. This would probably mean a joint venture, she adds, but "Scheff has made it clear that if anyone is going to do any acquiring, it will be CPT." There is no doubt that CPT's success depends as much upon its distribution network as the products it. sells. The linchpin in CPT's domestic marketing effort is the dealer. The company operates eight sales offices in major U.S. cities-in Washington, D.C., for example, one office handles commercial customers while a second sells exclusively to the government. But small towns are true CPT strongholds. Some 200 independent dealers- many of them one-person offices or husband-and-wife teams-sell CPT systems in more than 500 U.S. ciries. This year CPT launched a $2-million adverrising cam- paign-a bigger investment in its image than all previ- ous years' efforts combined. On the domestic front, CPT customers are told, "We take the mystery out of word processing." To buyers overseas the message is: "CPT speaks your language in over 35 countries." CPT's international distributors-among them, mar- keting heavyweights Iike Hermes (West Germany) and Honeywell Bull (France)-have lately boosted that number to 53. CPT listens to the dealers because the dealers listen to the users, and the users talk common sense, Dean View from the bridge: CPT's subterroneon ossembly line in Eden Prairie. \ l- I President Gary Holland: middle-monag,ement miles on him and book leorning too. products directly to the dealer, the company reiieves the dealer of any major financing costs of carrying inven- tor)". "When we started the company IBM rented practical- ly everything. Lots of people said to me, 'Hey, you can't succeed il you don't rent too.' My theory is, the faster you become successful the faster you go out of business because if you rent something instead of selling it, where do you get the money to buy parts and make payroll and all that sort of rot while that rental comes in? Now, if you're a big, successful company with a lot of money, what better way to keep the competition out of your hair than to say, 'Don't buy, rent. You don't want to get something that will become obsolete, do you?' And people are dumb enough to believe that. What they can't figure out is when you do that, the company you're buying from is the last company in the world that's going to bring out something technologically su- perior because if they do that they're going to replace their whole rental business. People are a little bit weird. " Neither mighty IBM nor scrappy CPT came up with the answer to obsolescence, holvever. A little company called Linolex was the industry's true technology leader in 1973. "Our first product was hardware; we were using cassette tapes. Their first product was software. They brought out the floppy disk, which made the hard- ware updatable just by inserting a new program into the machine ." Wherc is Linolex today? Dean Scheff answers with rctish: "Tubesville." Linolex rvas bought out by 3it'I and promptly fell apart. Bigness did them in. "3M never did undcrstand lrardware. They had the technology leader and they didn't know rvhat to do rvith it." CPT quickly adoptecl the floppy-disk technology and innovative solt- warc packages joined its growing arsenal of marketing weapons aimed at the solt underbelly of the big boys. Other companies had other ideas- As CPT rvent around the back way, developing software for its stand- alone customers "in places like Muncie and Fargo and Anchorage and Mankato and Sioux Falls and Sioux City and Rapid City," Wang Laboratories "went right into IBM's bedroom," selling directly to Fortune-l0oo companies by out IBMing IBM. "They put out a prod- uct that \\'as so much better than IBM's magnetic card II that it was like driving around in a Cadillac versus a Volkswagen." Wang was the first to successfully incor- porate into its systems the next major innovation in word processing: the microprocessor vastly improved their versatility and speed. "We had a project going but they beat us by about a year and parlayed that thing into an absolutely phenomenal marketing effort. I've got to take my hat off to Dr. Wang. He did something I was afraid to do." CPT Corp., meanwhile, wasn't doing half bad. The company made a profit after just one year and has been very comfortably out of the black ever since. Shortly after Scheff and Eichhorn took the company public in 1972, Eichhorn began lining up distributors abroad. When the recession hit in the early '70s, CPT's domestic sales slacked off right along with everyone else's, but in- ternational sales kept the growth curve heading sky- ward. CPT introduced the 8000 in 1978; sales shot up 70 percent, to $34 million. CPT still sells more 8000s, by some margin, than any other product. "When all is said and done there's IBM, there's Wang, there's Xerox and there's Lanier," Scheff says. "Those are the top four. Then there's another tier of four or five smaller companies like NBI, and the word processor divisions of Burroughs and Exxon. The top four we see all the time; the second tier might be power- ful in some towns but weak in others. Then there's probably another 100 companies out thqre. Every com- pany that's got a computer has got a word processor- Honeywell, NCR, Apple, you name it. Northern Tele- com just announced a computer with word-processing capabilities. Sears is going to open data-processing stores selling word processors, copiers, etc. Just proves there's a lot of screwy people out there." Foreign manufacturers are also salivating over the vast market for word processors. A system put out by . the Micom subsidiary of Holland's Philips N.V. ranked second only to CPT's 8000 in Datapro's user-popularity poll. Even Volkswagen has an entry, through three Cali- fornia subsidiaries. And what aboul the Japanese? They're out there, all right, presenting a typically Japanese paradox. Who would ever have guessed that a country whose language is too complex even for simple typewriters to cope with would venture into word processing? But then, who would ever have guessed that a country with no raw ma- terials would become the world's number-one steel producer? Japan lnc. has launched a national crusade to become the capital o[ the new information society, methodically but ever so cautiously phasing out heavy industry and replacing it with plants that manufacture anything and everything connect.ed with the computer. For their own offices they are developing word-process- ing tcchnologies that will in effect leapfrog the immense obstacle o[ the keyboard by replacing human fingers rvith the human voice. For the export market, they are busily assembling systems remarkably like those of their Western counterParts. Not so remarkably perhaps. Just as they did with cssors trerc "temperamental." And as the machines grew temperamental, so did thc dealcrs. At the same time inven- tor)' \\'As becomin_e a problem. Evcntuallv Schell ligured out thc man's Achilles heel: he rvasn't hiring good peoplc. []c also recognized his ou'n rnistakc, one he *'ould later repeat: he had dc'legated too nruch responsibilitl'. He decided to bring in a middle tier of managers. hiring a vice president ol marketing and a ',ice prcsident ol manu- lacturing rvho later hired a vice president of operations. It was bad chemistry from the start. "Alter I turned responsibility over to them. things just seemed to get worse. The controls that I u'anted implemented seemed to be less good after they came on board. We had a structure and these people threw out everylhing we had, but they never got around to implementing the new structure. So from minimal structure \\'e \\'ent to absolute chaos overnight-from hall$ay decent to the utter pits. " Then came WordPak. The shared-re- source concept was introduced with great t'anfare at a press conference in Ner.r' York. and CPT's dealers \,r'ere put on notice to begin taking orders. But the nerr rice presidents had jumped the gun -WordPak u'ouldn't be ready for an- other l"ear. John Maclennon is vice president of Eugene A. Hickok and Associates, a i\linneapolis engineering-consulting firm. and a close friend of Dick Eich- horn since they shared a corridor at Honevwell in the 1960s. He has served on CPT's board of directors from the beginning. As a principal in a San Diego dealership that sells CPT products throughout southern California, he remembers all too well the repercussions that followed the WordPak announce- ment. "lt rvas a big splash. Promises were made to the industry and actually published. WordPak made a dramatic impact. " Just as dramatic was the backlash when the dealers-and Dean Scheff- learned the truth about WordPak. Big companies like IBM can get away with prema(ure product announcements: in fact. the industry has come to accept them and to set its agenda accordingly. But big companies sell their products through their own salcs offices. When IBM announced its Displaywriter last surnmcr, every IBM salesman knew his customcr rr,'ould rvait one, maybe cven tlvo or lhrec ycars for delivery; hc also kncw he rvasn't going ttl starve in (he me.lntimc. An indepcndent dcaler, on rhe orher hand, can be *'iPcd out bY a ncrr -product delal'. "\\'e all got burncd bY \\'ordPak," \lacI lnnon recalis. "Thcre's a saying in thc busincss: '\'ou can tell thc pioneers hy'rhe arrorrs in rhcir backs.'\\'e don't liLc'to lcad *ith Products." I nrrv Pc'rltnatl. vicc presidcnt and chicf counsel lor Control Data. joincd CPT's board of directors in 1976 whcn he was working lor Medtronic. He be- licves the communication problems be- tween Schell and his 'u'ice presidents may have stemmed from the fact that the vice presidents had come fronr large corpora- tions. They didn't undersland the uniquc entrepreneurial situation that was CPT. "Companies develop cul- tures," he says. "CPT had a very real culturc that was centered around Dean. A very inrportant element in that culture was the dealer. The Vice president of marketing was not a dealer-oriented per- son and Dean rvas, and Dean recognized that you can't fool the dealer. "Another very importan( element in that culture was a kind of openness of communication that extended fairly deep into the organization. Dean might call up somebody five levels down from him and ask, 'Why are there so many printers on back order?' At the same time, however, he tended to delegate too much responsibility initially. This back- fired because he losl awareness of what was going on and eventually felt he was being shielded somewhat. Perhaps peo- ple didn't feel comfortable tetling him they were behind. Perhaps they didn't want to lose lace with him. The prob- lems came to the attention of the board through the numbers. I began to get frustrated because I couldn't get consis- tent forecasts. The manufacturing peo- ple were building to a more optimistic forecast than the marketing people were following. This caused serious inventory problems and a deterioration in margins. At Medtronic Perlman had been in- volved in international sales. Naturally, he took a particular interest in this part of CPT's business. He sensed that the company underestimated the potential of the foreign market. International was not getting enough service support, and the manufacturing department was of- ten careless about getting "the nuances" right-small differences in keyboard layout, for examPle, and the color of labels (many of CPT's export products go out on an OEM basis). "There were other issues coming to a head in late 1979. The financial group was understaffed; controls weren't as good as I would have liked- I was con- cerned about accounts receivable." The "communication" problem cre- ated a morale problem, a company-wide epidemic of paranoia. Dean Scheff felt betrayed. He won't tolerate dishonesty' and he places everything from prema- ture product announcements to pom- posity in that category. "The new vice presidents used all the buzzwords," one cmplol'-ee recalls. "Everything was 'in- puts' and 'outputs' and 'data bases'' Dean still talks about typists." Excuses are also strictly taboo: "And never apol- ogize to Dean: He doesn't want to hear about it." A very busy man-and in- clined to be irnpatient-Dean Scheff knows honesty is the mosr efficienl policy. "My theory is. if we could've survived that year and grown by 70 percent, the competition must have been reallY screwed up," he says, shaking his head in disgust. "The vice presidents had both decided they were going to be presi- dent. They got more involved in making each other look bad than in making the company look good. They were rivals and everybody in the company knew it except me." One day one of the vice presidents marched into Scheff's office with the important announcement that he had just measured the comptroller's office and found, much to his dismay, that it was bigger than his own. "That was it. Psychologically, they were gone. " ln spite of his frequent jabs at the pet- ty politics rampant in large corpora- tions, Dean Scheff was plainly shocked to see his own managers acting out the same, tired scenario. "l'd never worked in middle management before. Some of the things I've done I've never had teachers for. When I hired people who didn't work out, the first thing I did was look inward. You have a lot of time to think on a DC-10 from New Zealand. I finally decided I'd reached my own level of incompetence." The time had come to hire, not anoth- er corps of ambitious lieutenants, but a futl-blown chief of staff, someone whose skill as a professional manager would complement Scheff's skill in de- veloping and marketin! word-processing technology. The characteristic in com- mon would be an abilitY to cope with change. This time Scheff sent away the headhunters who had brought him disas' ter from distant places and conducted his own search in the Twin Cities. This time he gave his own industrY a wide berth. "As I said, I think our industry is "[f we could survive that year and grow 7O percent, the competition must have been really screwed uP." rather flakey. Them that ain't flakes is nuts and fruits." It took only a couple of phone calls to put the name of GarY Holland on the list. Here was a man rvith small-town roots (he was born in Wiltow Springs' Mo., in 1942); who had worked with dealers as national sales manager of Marymount, Inc., and later as vice presi- dent of markering for the Coleman Co': who had experience in international marketing as vice president and general Haydcn has been with CPT since 1979. He has known Dean Schefl since earlv I971. rvhen he artended the Han- ovcr Tracle Fair to look at u'ord-proc- essing systcms for the U.S. Embassy in Copcnhagcn. It is a classy affair, the lVlerccdes Benz of trade sho*'s. Schelf and Eichhorn \\'ere thcre with the 4200. Thev took an instant liking to this young man rvho \\'as so enthralled rvith the neu' olficc'-productivity technologies-and so t'luent in American English. Hayden \\'as equally impressed. "Overscas you see a wide variety of per- sonalities. Schell and Eichhorn rvere dif- ferent. They exuded trust. Their word was their bond." And the product? "Nothing else could touch it." Hayden bought 4200s lor his embassy. (They were so successful they got him-this ac- cording to Dean Scheff-a promotion to Brussels.) When the microprocessor revolutionized word processing, Hayden worried that CPT might fall behind. In- stead, the company used the new tech- nology to enhance its international po- sition by developing software in every European language. After their first meeting in 1912, Hay' den made a point of looking uP his friends from Minneapolis whenever he went to Hanover. And he never failed to offer suggestions on how CPT could im- prove its products for the international market. "Finally, Dean said to me, 'lf you're so smart, why don't you come to work for us?' " Hayden was eventually persuaded to take a one-year leave of absence, then another. He was named vice president of international the fol- lowing year, and since then has added 25 new distributors to the CPT family over- seas. An important part of HaYden's as- signment rvill be to combat European resistance to new forms of technology in the office. Many European offic,' work- ers belong to lal-or unions, and labor doesn't necessar rly agree that technology will enhance workers' work lives by liberating them from inefficient equip- ment. They worry that the new machines will take away jobs and dehumanize the workplace. They worry, too, that word- processor display screens, whatever the tolor combination, cause eyestrain and may even be a health hazard. So far CPT's products have stood up exceed- ingly well in this challenging m1+t!' tt inkt to "thc human-engincering kinds ol' thingr" rltat have, from the hegin- ning, bicn a toP PrioritY at CPT'. The 50,0(X)-square-foot plant in lrc- lancl. lbrrncr[-"- ope'rated by Northern Tclccotn. is jtrst the lirst phase ot' what tla1'clcn sals s'ill somcda-v bccome a ltr.ll- hloivn titrropean hcadquartcrs' In the nrorc in'nrc<jiatc lttr ure, thc plant u ill truild lnd scrricc CPT's orcrseas prod- rte1s. Havdcn has becn givcn virttral t'urte ltlunt'he,' lreland is his babr" "Thc rhing that ama/c\ ntc about [)catt." hc rit t. "is that his pcrsonal grouth has bcen evcn l'asler than his compan!"s gro\1th. He's lcr.v- rvilling to dclegatc, )'ct because hc is such a charis- rnatic pcrson, he is still verv much in control. Thcre is this trenrc-ndous loyalty to him uithin the company. lt really irn- prcssed me that an individual could be so successl'ul and still so down to carth. He'is totalll" unprctentious, and very, rcn' qrrick to admit when he's made a mi\take. He has a rc-markable intuiti','e grasp that erables him to make rapid- lire decisions. " lt should have taken months to make the decision to go to lreland-to analyze all the implications, cash-flow requirements and so on. But it takes time to assemble all the facts. Dean simply stood up at a meeting one daY and, aiter everybody had their say, said, 'Gentlemen, we're going to Ireland.' We'tl be in lreland by the summer. If we'd made the decision 'properly,' we'd still be analyzing all the studies six months from now." The Dean Scheff school of manage- ment-by-instinct has won him the un- questioning-often dumbfounded-ad- miration of his employees. "He used to lick his finger and raise it in the air to see rvhich way the wind was blowing, and make a decision accordingly-and be right," one employee recalls. The East Coast financial community, however, wasn't so easilY imPressed. "When he announced CPT would do $100 million in fiscal 1981, nobody be- lieved him," says Kidder Peabody's Melody Johnson. "lt took a while for Wall Street to warm up to him. He's the classic entrepreneur, a free spirit. " Schefl has refused to be intimidated by the Eastern cold front. Says Johnson, "He still loves to play the role of the good old boy from back home." Cary Holland, who has latelY taken over most of the financial-relations chores, offer, a more discreet analysis. "CPT has a certain midwestern quiet- ness about it," he says. "We like to let the others hype their l0-year projec- tions. We'd rather point to our perform- ance and just smile' But we're definitely going to reach out to the financial com- munity more, to tet them know we have a clear strategic direction' We didn't always arliculate that before." CPT is often comPared to a Boulder, Colo.. comPanY, NBI (the acron-vm stands for Nothing But Initials). Like CPT, it sells onlY word Processors. Unlike CPT, its stock zoomed uP the charts virtually from the day NBI went public in 1979. Why the spectacular per- formance? Melody Johnson says it's a tittle like comparing apples and oranges because NBI has so much less stock out. Even so, "NBl is more polished. They're coming out of big corporations like IBN{." They also have a more ambitious marketing strategl -going directly into clustered systems, setting up branch offices, mak- ing their systems compatible with IBM and Xerox. (lt's called cherry-picking; Johnson says CPT will eventually an- nounce this too.) Meanwhile, "all the emphasis on the Fortune-10O0 market may enhance CPT's position in smaller markets. " Piper Jaffray's Marv Ceisness agrees that CPT hasn't exactly majored in fi- nancial relations. "The East Coast, especially Boston, has been generally hostile toward Dean Scheff. They don't take him seriously. He's, well, flip- pant." The buttoned-down shirts and Brooks Brothers suits simply can't cope with Welcome, Minn. The result? "CPT's stock has been consistently un- dervalued. ' ' Up until this spring, that is. A com- bination of factors, among them a surg- ing stock market and CPT's successful reorganization, boosted CPT stock into the $50 range. CPT is no longer such a sure-thing speculative risk, but Geisness is betting on it to stay aloft over the long term. lts earnings per share in fiscal 1980 were $1.36. In January Merrill Lynch predicted earnings per share to climb to around $1.85 in fiscal 1981, on 5.3 mil- lion shares. Ceisness is even more bull- ish. "l could see $2 to $2.25 in 1981." CPT's price,/earnings ratio for the four quarters ending Dec. 31, 1980, was "ap- proximately 21," according to chief fi- nancial officer Dale Clift. "That's still behind Wang and Lanier [at 41.4 and 30.6, respectivelyl, but we're starting to catch up." CPT's earnings picture will be signifi- cantly enhanced in fiscal l98l bY a change in its accounting procedures. It will drop the practice of providing for deferred taxes on income derived from its domestic international sales corpora- tion (DISC). Last year CPT provided fully for taxes on this income for book purposes, a very conservatlve account- . ing technique that pushed the company's tax rate some l0 percentage points high- er, effectively lopping off $.30 from fiscal 1980 earnings per share. It may be a Photo finish, but Clift is confident the company will exceed Scheff's $100-million sales goal. Reve- nues were $43.5 million at the end of the first six months of fiscal 1981. Clift says third-quarter results met expectations ("lt's traditionally a flat period"), but the fourth quarter will be "gangbusters'" Financial relations is one thing; finan- cial management is quite another. John MacLennon calls Scheff's ability to con- trol the flow of money in and out of the company "simply uncanny." Scheff de- scribes it this way: "l gave up balancing my checkbook years ago. I think in mag- nitudes or directions, not in decimal points. I've never been able to figure out why the accounting department spends hours trying to find pennies. My theory is, when you're looking hours for pen- nies, you've got to be screwed uP." It is precisely this uncluttered ap- il^; i'j'\i',,.. c'f- 3OO Metro Square Building, 7ih Street and Robert Street, Saint Pa,ul, Minnesota 55101 Area 612, 291-6359 Don Ashworth City l,lanager City of Chanhassen 69C Coulter Drive Chanhassen, Minnesota 55317 Rb: City of Chanhasseu Application for LAWCON/LCMR Funds Develop Randy Herman Field May 18, 1981 Received 05105/8L Metropolitan Council Referral File No. 9765'L Dear Mr. Ashworth: The Metropolitan Council has received_your gPPlication for federal funds ro .""oo,ttish the proj ect descriLed above. Thfs proj-ect will Oe reviewed in'accordancl witfr prodec-ures of the office of _Management ."a-g"dget whicfr require that the Council noEify potentially affected ""it"-.I governmenq, neighborhood'-organizations and htrman rights comrnissiois and inforrn t6.erq thaE they have an oPPortunity to comrnent upon this Proj ect. Should Ehe Council need the staff will write or Thank you. JR: ch- cc: Thomas llarren, Of f ice MetroPolitan Council RECEIVED lrlAY 2 Z tg8l more info::nation before comoleting the renrietr, call your office. Si.:cere.Ly,,W Referral Coordinator of LocaL and urban Af fairs, state Pl-aailing Agenc' District L6 qlIY"9tAll8ry"tiA.S.SEN coordirr.ro rl,o pranrir.s ,r..J. nev*rol,rnerar of ttre Twin citiea Metropolitan Arr:a conrprisirrg: - ADoka county ,.-. csrver countv O l)akoter county --:, I{onleprn couuty ] I.tarnsey county o scott county L) wmbtngton county iTUSSEL! H. LAFISoN CRAIG M. r.EFTZ 9,r 'r'!..1,.*-..(612' 3!t-e663 La.nsox & Mrnrz ATTORNEYS AT LAW I90O FIRST E}ANX PLACE WEST MINN EAPOLIS, MINN ESOTA 55402 May 22, 1981 lb r,ll or courlfl. HAFIVEY E.3XAAR MARX C. MCCULLOUGH Bob Waibe1 Land Use Coordinator Box L47 Chanhassen MN 55317 Re: Przymus Drive Four Golf Range Dear Bob: Attached is the Drive Four conditj-onal use permit as revised by Council action on l"lay 18, 1981. please note that Drive Four is to immediately furnish a written statement from Les Renner, owner of Lot 5, to the effect that he has no objection to a golf range on Lots 6, 7 and 8. AIso, note that the document is to be signed by all four partners of Drive Four, and on behalf of Razor's Court, Inc., by its president. One fully signed permit should be returned by the City, one for Dgive Four, and one for this office. Very truly yours, RUSSELL H. LARSON Chanhassen CitY AttorneY RHL: ner enc cc: Don Ashworth John B. PrzYmus RECEIVED htAY 2 6 1981 CITY OT CHANHASSEN 3. The 1:roposecl usefor the young people of the would provide employment commun i ty . l'06 citv Councir and Pranning commission consideration.The proposaT "fcommercial gorf practice driving rur,g" ,uo. duly heard and consideredby the city pranning commission at a'public hearing on Aprir 22,19Br' The citl' council considered tnl lroposar at a pubric counciLmeeting on May 4, l9BI. Section 2 F INDINGS 2.01 Findinqs of City Council.due conside-Eatior) oT_tTr-ma tters relevantsaid 'premises, finds as follows: I. That it is appropriate to consider saidconditionar use apprication unctei'tirL provisions of section 23.0I,subdivision 5 of ilre Chanhassen Zoning Ordinance; provided, however,that adequate conditions be placed on the utilization of thepremises as a commerciar goli practice arivin!-;;;;;, said conditionsbeing fourid to be necessaiy-foi the protectioi ot [.ne pubric hearth,safety, convenience and welfare 2- That trre grant of the proposed conditionar use,subject to the conditions hereinaftcr set torln, wirr not beinjurious to the use and enjoyment of other prop..iy in theimmediate vicinity, the adjoining properties ueing iracant andundeveloped (except for the t"tilwiukee Railroad pr5perty) ; nor wirlthe proposed use substantially diminish and impair'property yglueswithin the neighborhood. The City Council, afterto the proposed use of 3. That the proposed conditional use, beingtemporary under the provisions of section 23.0I, subdivisioi 5 ofthe Chanirassen Zoning ordinance, meets the standards of Section23"06 of said ordinance. Section 3 PiJIIMIT AND CONDITTONS In consideration of the representations of Drive Four, the Cityhereby gratrts to Drive Four a conditional use permit to utilizlthe premises as a commerciar golf practice driving range, subjectto the folrowing terms and conditions, arr of which sharr bestrictly compried with and adhered to by Drive Four as beingnecessary and essential for the protection of the public interest: I. An accurat.e site plan of tire premises drawn on scal-e of onc inclr (r" ) equarling one hundrcd feet (r00 ' ) showing thelocation and heicjht of all fencing, tl-re location and dimensions ofalr driving tees, off street parki.g, and structures to be placedon the premises shall be furnisired to the City prior to theissuance of the conditional usc permit. -2- rr. rn addition to tl-re lease rimitation imposedby Strong Towle, Inc., it is understood and agreecl that the withinpermlt is for a t.cmporary use and is grantecl pursuant to the pro-visions of Section 23.0I, subdivision 5, of the Chanhassen zoningordinance hereof , provi-ded, however, Lhat. the within permit may u.renewed by the City for successive one-year terms upon writtenaPPlication therefor made by Drive Four to the City not less than60 days prior to the anniversary date of the within permit. CityCouncil action on any such renewal application shall be precededby a cornpliance review of the within 1>ermit by the Council at aregular Council meeting heLd within t.he 60-day period immediatelypreceding the anniversary date of the permit, and the within permitsha1l not be renewed if the Council shall find that Drive Four hasmaterially violated the terms and conditions thereof. L2. Notwithstanding any provision to the contraryherein contained, the City Council may at any time revoke saidpermit for cause following a hearing thereon after 15 days writtennotice of said hearing to Drive Four. Revocation for cause shall be established when the City Council shall make a finding thatDrive Four has materially violated thc terms and conditions of the within 2ermit. 13. The wi Drive Four to any person, consent of the City. thin permit shall not be assigned by firm or corporation without the written 14. No vested right or interest under the Chanhassen Zoning Ordinance or this agreenrent is granted to Drive Four to use said premises in a manner other than as set forth herein 15. Drive Four shall comply with all applicable City ordinances and regulations, including signage- 16. For purposes of giving any notice hereunder, and unless other,vise provided by the respective parties, aII notices and comnlunications to any of them shall be addressed as follows: To the City: 'lo Drive Four: City of Chanhassen Box L41 ihanhassen, MN 553I7 Attn: City l"lanager Drive Four c,/o Joirn B. Przymus 406 West 79th Street Chanhassen, MN 55317 -4- \Y \ct- ) \\:t'r \. cM.0t\4 24.O I Thir Applicrtron murr bc rubmrrrrd to commirrioner rn dupricatr STATE OF MINNESOTA OEPARTMENT OF COMMERCE - SECURITIES DIVISION APPLICATION FOR APPBOVAL OF MUNICIPAL INDUSTRIAL BEVENUE BOND PROJECT Date May L2, 1981 To: Minnesota Department of Commerce Securities Division 500 Metro Square Bui!ding St. Paul, lr4innesota 55'101 The governing body e1 chanhassen , county 61 Hennepi! and carverMinnesota,herebyappliestotheCommissioneroftheStateoft,linn,u Department of Commerce, for appro'val of this community's proposed municipal lndustrial Revenue Bond lssue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: F IR[1 Kraus-Anderson, Incorporated AooREss 523 Sourh Eighth SEreer CITY Minneapo lis STATE Minnesota Statc of lncorporalion a llinnesota corporaEion WhrEney & llal laday 2300 First NaEional Bank Bldg. Attorney Dorsey, windhorst, Hannaford/oddr"r, llinneapolis. I"ri-nnesota 55402 Namc ol Project Kraus-,\nderson, Incorporated Projcct This firm is engaged primarily in (nature of business):development, construcEion and or\rner- ship of shopping cenEers, resiclenEial, industrjal and commercial projecEs The funds received from tlre sale of the lndustrial Revcnue Bonds rvill be used to (general nature of a porI ion ol. thc c:<isEing buildings locaEed tirereou.project):acquire Lrncl , <!ernolisit const.ruct onL. or mLrrc build inqs chcrcon Eo be trsed as commercial f acilirics and cr.,nv.,rt 50.0{)0 :i(lu:ll-(r ltl,-'t ol' r'Xir;f inr'. irrdtrstri;r1 uscr as conrnrcrcilrl splrcc. It witl be located in Ch,rrrhesscrr. )linrrcsoEa I The total bond issue will be approxirnatcly costs now estinlated as follorvs: Cost ltcm Land Acquisition and Site Dwelopment Constructiort Con tracts Equipnrcnt Acquisition llnd lrrstell.rtiorr Architectural artd trlgrnuerittg F ccs Legal Fees lntercst drrrinq Construction lnitirl Bond Reserve Contingu'ncies Bond-OrscouRl,,\t;ctrE's Eee Other g 8,500,000 to be applied toward payment of Amotrnt 2 - 000 .000 5.500.000 I75 0()r) s0 ^ 000 5r00. ()00 100 . o()0 50 .000 EHINHISSEI{ COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IVIEMORANDUM DATE: May 21, 1981 TO: Don Ashworth, City Manager t F'ROM: Bob Waibel, City Planner / ,% SUBJ: Chaparrel West PLANNING CASE z P-646 Attached please find the mj-nutes of the August 11, 1980 City Couniil Meeting whereat the subject development was rez-oned from R-IA t6 p-f . (This action excepted the south- easterly most L2.7 acres) Since this action had already been taken at Preliminary Development Review, such was not submitted as a required lction for the Final Development Plan Review. ///,,*r \' 1P"< s*ny'"'ii .j '//r. /^,'/ ., /) Ar-,r)' "f'" u' c''; /7 CITY OF a..j /,(,u ro q,a J ar as A cu/r'y'"--) /t/A {' e a' .X.f .' e u L'4-! ,\lilu lo., 6lr{ i\ ', .t>', t.\vt ,.!) /..\eJ f . or.n) l'e-J :tt, r i L,rnsox & Mnnrz ATTORNEYs AT LAW I9OO FIRST BANX PLACE WEST MINN EAPOLIS, M INN ESOTA 55402 May 20, 1981 fi^ a lt l'rt , cc, f "" r...rron. t|" ,;? l,rt .,(u' TEl (612t 335-9s6S RUSSELL H. LARSON CRAIG M. MERTZ ()7 couxScL HARVEY €. SI(AAR MARX C. MCCULLOUGH Christopher J. Dietzen Larkin, Hoffman, DaIy c Lindgren, Ltd. Attorneys at Law 1500 Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis I{N 554 31 RECEIVED lrlAY Z t lg8l CITY OF CHANHASSEN //"*, (/o" , ,,., "#r*-t a,t,:.*l e..Pe''4 a(Jr*"-( f,.^ *L' c*fl [Yt e 7 -et.^e ..rn;/n6 /e @U lb e,&/.jt( ffprtvRe: Fisher vs. CitY of Chanhassen Your File No. 9592-04 Dear Mr. Dietzen: Enclosed and served uPon you by U.S. mail, please find the City's Supplemental Ir,lemorandum of Law in the above referenced matter. I have received the clerk's notice that my motion to dismiss will be heard on May 27, 1981. Needless to sdY, t wiII be renewing by motion at that time. Very truly yours, 0-*r"n7/4q CRAIG M. I"IERTZ c Assistant Chanhassen City Attorney CliM: ner enc cc: Don Ashworth' CitY Manager p.S. Also enclosed are unsigned copies of the affidavits which I have submitted to various cily officials for signature' I wi]I send "opi." of the signed affidavits as they are executed' /ClqM E. -' '.qr1_-e:-.:':'__ - seriousness hrith which apperlants raise this argument, such an argument would appear facetious, inasmuch as a review of the facts revears that the appellants were virtually inundated with notice that finar action wourd be taken on the assessments on May 12, 19g0. As the facts reveal, the City gave aII notice required and, in fact, exceeded the notice reguirements of M.S.A. S429.061. In accordance with M.S.A. 5429.061tft, tf," City held a public hearing on the proposed assessment roll on February 25, 1980. Attached hereto as Exhibits A and B are the Not.ice of Hearing and Affidavit of Mailing Notice of Hearing for the February 25, 1980 meeting. The appellants were mailed such notice and attended the hearing. Thus, it cannot be seriously contended that the City failed to give the required notice of hearing. (rt should be noted that the notice of hearing specifically states that individuals have 30 days from the adoption of the assessment ro11 to appeal pursuant to M.S.A. 5429.081.) The minutes state that the hearing was "closed" at I0:20 p.m. Under M-S.A. 5429.06I a clear distinction must be drawn between "adiournment of the hearing" and "adjournment of the meeting." There hras one hearing on the subject assessment roII. That hearing hras oPened on Februar! 25, 1980, and was closed on that same date. This v,as the only public hearing which the city was required to hold on the assessment ro11. Thereafter, however, at City Council meetings held llarch 23, March 3I,and April 14, 1980, the Council considered amendment of the assessment roll as to individual parcels. The appellants were present at the March 24 meeting, at which their Property was discussed. Flaintiffs contend that the City failed to adequately notj'fy them of its action on the adoption of the assessment roII' The Minnesota Supreme Court has specifically held that M'S'A' SS429'031-'061 is not const.itutionally defective by reason of its failure to provide notice of the actual adoption of the assessment roll' Imperial Refineries of Minn rnc v City of Rochester (f969) 165 Nw2d 699. Further, it is unclear from a reading of 5429'061'Subd'2 E'- -'_*'- _- "Due to the absence of two members, Councilman Swenson moved to table the 1979 North Service' Area Assessment proceedings to Monday, l(ay L2,1980, at. 7:30 p.m. in the Minnetonka WestJunior High, if avai1able." Such notice fully comports with 5429.061, Subd. 2. Second, although 5429.061, Subd.2, requires either notice in the minutes of the adjourned hearing, or by publication, the City also published a notice of the May 12, 1980 meeting in the l(ay 7, L980 Carver County Herald, the official newspaper for the City of Chanhassen. This notice was published five days prior to the meeting. 5429.061, Subd.2, requires only 3 days'notice if the notice is by publication. Thus, the City clearly gave sufficient notice by publicat,ion. Third, the City mailed notice of the May 12, 1980, meeting to the Fishers. (See Affidavit of Timothy Fisher). lhis notice was identical in form to the notice published in the Carver County Herald. The notice was clear and unequivocal-in pertinent Part it stated: "...North Service Area Assessment Project 71-I, consider Adoption and senior citizen Deferment Requests lmls aAEId-wIfr include final action on individual assessment requests as con-sffid @(Enphasis suPPlied) The ptain meaning of this notice is that adoption of the assessment roll was to be considered at the meeting and that this wouLd be the final action on individual assessment requests' It should also be mentioned that the city council's action as taken at tshe May 12, l98O meeting was well publicized' The May 14' 1980 issue of the carver countv Herald carried a lengthy article on the adoption of the assessment roll' A copy of that art'icle is attached as Exhibit D- Finally,bytheirownadmission,appellantsreceivedmailednotice from the City on June 4, or 5, 1980, that the assessment roll had been adopted at the May 12, I9B0 meeting' (See Affidavit of Timothy Fisher). At this time, aPpellants still had a time within .,/ -4- "In considering plaintiff's argument,s, it must, bekept in mind that appeals by property owners from' assessments are wholly statutory, there being nocommonlaw right to such appeal, and that theconditions. imposed by the statute must be strictlycomplied with. Village of Edina v Joseph 264Minn 84, 93, rrgmitionswill not be extended by construction. The conditions imposed by 5429.081 are three: The notice of appealmust be served withi.n 20 days of adoption of theassessment; it must be served on either the mayor orthe village clerk; and it must be filed with theclerk of the District Court.within 10 days after it. is served. 'l..The legislature in granting the ohrners of propertythe right to appeal from assessments has providedthat the government officials must be served within20 days...The short time allowed can only be construedas intended to facilitiate the orderly operati.on ofmunicipal government and eliminate unnecessary delaysin the prescribed assessment procedure." 170 NW2d at 128. Appellants were given every opportunity to voice their objections and were given fu11 notice of all City Council action. By reason of their failure to timely serve the City with notice of appeal, this Court is without jurisdiction to hear appellantsr mot.ioq and to grant the relief which the appellants are seeking. B. EstooDe1 Does Not Arise From the Action of One Councilman. Appellants in their affidavits and in their Memorandum state that Mrs. Fisher had a conversation with Councilman Neveaux wherein Mrs. Fisher was advised that no final action would be taken on the assessment roll until August of 1980. Even if the conversation with Councitman Neveaux is accurately reported, it must be remenbered that there are five votes on the City Council and only three votes are needed to adoPt an assessnent ro1l. Mr. Neveaux could only speak for himself and not for the entire Council. By appellants interpretation of assessment procedure, any one member of the COuncil wOuld have an effective veto power over the adoption of an assessment roll merely by unilaterally announcing postponements of final action. Clear1y, Chapter 429 should not be extended by judicial interpretation to include any such veto POwer. -6- ..i#ffi.. ./ .ir:,,.€nrtw.,&.r- However, in the instant case, the requisite identity of issues is Idcking for the reason that the only issue which is properly before this court at this time is the question of jurisdiction. The City of Chanhassen has moved for dismissal on the grounds that this court lacks jurisdiction over its person in this action by reason of the faj.lure of the Fishers to timely serve their notice of appeal on the City. This jurisdictional question is absolutely dispositive of this action. Appellants'collateral estoppel argument is a thinly-veiled attempt to side step the rule that there is no right of intervention in assessment appeals timely colunenced by other property owners. This rule is set forth in the case of Village of sdina v Joseph (f963), II9 Nw2d 808, which is discussed on page 5 of our },lernorandum dated March I0, 1981. Therefore, the judgment of the court in City o_f_Chanhassen v Joseph 1,1. Massee et al, can have and has no bearing on the disposition of this action. D. Appellants Have Been Affcrded Equal Protection of the Laws. Appellants' reliance on State v_Northwestern Preparatory School (1949) 37 NW2d 370, State v Vadnais 1L972) 202 NW2d 657, Hay v TorvnshiP of Grow (1973) 206 Nw2d 19, and Northwestern College v City of Arden Hills (1979) 281 Nw2d 865 for the proPosition that they have not been afforded equal protection under the laws is misplaced. In each of those cases, the court found that a municipality's zoning regulations violated due process of law as' guaranteed by the united states constitution either because the municipality unla$rfuIly discriminated by selectively enforcing the regulations or because the regulaticrrs made unreasonable distinctions or classifications among t.he various citizens of the municipality' Clearly, such is not the case here' Appellants in the instant case differ from the appellants in the prior action inasmuch as t.hey failed to follc'w the procedure set forth by the state legislature for appealing from a special assessment' Thus' it is obvious that the appellants greivance is not with the City of crranhassen; the appellants are, in effect, alleging that ,.* -*fr.l,+ The state |egislature enacted M.S. 5429.081 as the sole means of appeEling from a speciar assessment. The supreme court has ie.ld that the requirements of s429.081 must be stri.ctly complied hrith. By admission, the a5pellants did not serve such notice hrithin the statutory period, and for this reason this court is without jurisdrction to consider their appeal. Appellants have been afforded the fuI1 protection of the laws. CONCLUS ION By admission, the appellants failed to perfect their appeal under 5429.081. TheCity of Chanhassen fully complied with the notice requirements of Chapter 429 tn adopting the assessment. By reason of the appe).lants'failure to comply with the requirements of 5429.081, the appellants' moti.on for summary judgirnent is not properly before this court. The City of Chanhassen renews its motion for dismissal and prays that this matter be dismissed for lack of jurisdict,ion, pursuant to Rule 12 of the Minnesota Ru1es of Civil Frocedure. RESPECTFULLY SUB!,IITTED, LARSON & MERTZ Dated: Attorneys for the City of Chanhassen 1900 First Bank Place west Minneapclis, MN 55402(6r2) 33s-9s65 r;;;n;+; "j4ij;,':;'-' ; " '^ ./ -10- No. 3277-Notr ol froo lor Gcnrnl ?orn Cou.nty of Jean Ultler-Drvlr Co., ldlaacepotir btate of frtfnnssots, CARVER .. Love.Eang, at the Court House in the...... SIR-l'otc toill please tal;c ttotiec that tlte abote cntitled aation will be plaectl ttpon the Calendar of the aboueruatned, cotrs't for the ne.rt $eneral tcrrrt of thc District (-'otrrt to . PlaiStiff, Bloomberg Company, tnfl',"tbloomberB Companies, Ina Mipnes-o-te . .gorpefatio-n,....8-.T Lan-d Cpmp-any , . Inc , ,a Minnesota corporation, Char-Lynn Foundation, a Minnes o ta non: p.ro.f if eorpor.a tion,... .E.cklund= Sr.re dluInc., a Minnesota corporation, €t al,Defendants Ciqy...of Chas-ka . . day of L3, and Fact (LAW OB FACT) DISTRICT COURT, , l9 FIRST .Judicial District NOTE OF ISSUE FiIe No. 16653 be ltelcl in antl for said County in saicl County, on the , for the trial of the i*su6. .. of Minneapolis, Minnesota 5540 (33s- 9 s6s) d, "{ttorney ..... fo ,4dtlress..... ,4ttorney..9.1"r/p*ef .,.....Q-i-!y....qf ...-Ciranhass 4ttdressrI Q0 -qir-q I lle!--l Ph... P]--ae . STATE OF MINNESOTA A DISTRICT COURT couNry oF CARVER G ht FIRSr JUDTCTAL DrsrRrcrwL Jean A. LoveEang, ) trPlaintiff, )vs. Bloomberg Company, Inc., ) Bloomberg Companies, Inc., a ) Minnesota corporation, B-T Land Company, Inc., a Minnesota )corporation, Char-Lynn FoundaEion, a MinnesoEa non-profit corPoration, ) Ecklund-Swedlund, Inc., a Minnesota corporation, Richard D. Murray and ) Roberta M. Murray, individuals, Midland National Bank of MinneaPolis, ) and the City of Chanhassen, a MinnesoEa -.nunicipal corporation, ) Defendants. ) INTERROGATORIES File No. 16653 Cal-. No. 495 TO: PI.AINTIFF JEAN A. LOVETANG AND HER ATTORNEY, TIMOTHY D. FI,ILLER: YOU WILL PLEASE TAKE NOTICE that the undersigned Party demands ans\,{ers to Ehe within inEerrogatories under oaEh, llithin thirty (30) days after service of this notice, Pursuant Eo the Minnesota Rul-es of Civil Procedure' 1. Please identify each person whom you exPect to call as an expert wiEness at Ehe time of Erial' 2. Is the exPerE wiEness expected to testify as to damage to plaintiff's property allegedly caused by surface or storm rraEers resulting from alleged negligence or mi"sconduct of the defendants, or anY of them? 3. State which defendanE, or defendants' whom you allege causedeachparticularitemofdamagetoplaintiffasaresultof surface or sEorm waEers ' 4. Scate the tyPe, extent and naEure of each item of such damage and what damages in dollars you a11ege plainEiff has sufferedorexPecEst,osufferfromstormorsurfacewaLerdamages as a result of the alleged negligence or misconducE of the defendanEs, or any of them' 5. State what faccs and opinions you expect your exPert(s) to test.ify to as Eo plaintiff's damage to her Property caused by surfaceg,acersresultingfromEheallegedmisconductofthedefendancs, l- modification of the access to her property, as well as the dispute over the subject premises, as alleged in plaintiff's Amended Complaint herein. a. Has plaintiff-ever had an offer on said propertyin the form of a signed purchase agreement by aprospecEive purchaser since February 1979? (1) If yes, state the name and lasE known address of each said prospective purchaser; (2) Also, each real estace agent involved wiEh Ehe prospective purchaser. L2. SEate the facts and opinions about which you expect your expert(s) Eo testify on any other subject matter not covered by these interrogatories, and from which plaintiff alleges she has sustained damage by the misconduct or negligence of Ehe defendants, or any of them. 13. State each and every item of damage and the dollar aEounE attributed Eo each item of said damage alleged by plaintiff as a resulE of Ehe misconducE or negligence of the defendants, or any of them, as described in the Amended Complaint' These inEerrogatsories shall be deemed continuing so as to require supplemental answers if you obtain furgher information beEween the time answers are served and the time'of tria1. Your answers must be based upon knowledge of you, your attorneys, agents or any person or organizaEion which has acquired knowledge on your behalf. Where you cannoE give an exact answer' give your best es timate ULLOUGH Attoitr"y.- fot Mef--C1ay. o-f Chanhassen 1900 Fii:st National Bank Building Minneapolis, Minnesota 55402 333- 9 565 Daced: l4aY 20, 1981 I I --- - '--r--- -3- I:J,CITY OF $Efiffi[Es&$$EE€ 690 COULTER DRIVE O P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1e00 I4EMORANDUI{ TO: Chanhassen H. R.A. FROM: Scott A. l'lartin, Executive DirectorNlt\ DATE: May L4, 1981 RE: Downtown Redevelopment Project Contracts As of this date, it is fully anticj-pated that the City Council will approve all three (3) contracts for implementation of the Downtown RedeveloPment Project at next Monday's (May 18, 1981) Council meeting. Both the Kraus-Anderson and Bloomberg Companies agreements have been executed by the developer. The city council gave preliminary approval to both agieements on April 13, 1981. Instant web's agreement was also accepted by the city council on that date, =rlbj""t to several revisions. These revisions have been incoipoiated into the agreement that Instant Web fris indicated tirey will sign on oi before May 18, 1981 A copy of each agreement (in final form) is enclosed for your review and, aPProval- Please note that each agreement is a contract between the HRA and each respective party. Your formal approvali by feFglution' is required in order- to proceed with projLct implementation' ,J €-f1 +,lr-,*'' t,:*'"' .tl,t,l' )t- a l! (' ,un''* W!t 4-'lutt-o'' *' v",'uL Lr> -*)t h., l5lo"' A 7-a{t' (r,'"' I ,l ,.1'/, ,[$,.' ,i -J\ r' *''* CITY OF UEESIf,IISE$EI{ 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1e00 MEMORANDUM TO: FROM: DATE: SUBJ: Chanhassen H.R.A. Scott A. Martin, Executive Director h-\ May 15, 1981 Concept Plans for Realignment of Highway L01/Dakota Avenue Intersecti-on The State Department of Transportation (MnDOT) has notified t.he City and Carver County of plans to install new flashing signal Iights and traffic control gates at the railroad crossing located at the West 78th Street/Highway 10L/Dakota Avenue intersection' In anticipation of such an improvement, the City has been working with Scholtt & Madson, Inc. to prepare concept plans offering several alternatives for improving overall traffic patterns in this vicinity. The enclosed report is presented for your review and recontmendation. Since this project area includes and/or is adjacent to the Redevelop- ment erojecl Di.st.rict, local funding for road and railroad crossing improvements may be provided through tax increment revenues. your recommendation wiII be forwarded to the Planning commission and City Councit for their consideration when reviewing this report' C.".' f,-,9-n Q,N cL r- W ynrl*r-?.f i. 4+;..:-C_:rr :. t$:x,:.csi Form 3-Clerk's Posted Nortlce po,I!.IE!\ ASSESSMEI{T NOTICE NOTICtr IS HEREBY GIVEN, That the Board of Review-*Equalization of the City o, Chanhassen ,r., Carver aouDty, Minnesota, will meet at the office of the Clerk in said City for the purpose of reviewing and correcting the assessment of said City for the y.u"-1?..9.IAll p.r"orrs considering themselves aggrieved by said assessmenf or who wish to complain that the property of another is assessed too lorv, are hereby notified to appear at said meet- ing, and show cause for having such assessment corrected. No complaint that another pelson is assessed too lorv rvill be acted upon until the person so assessed, or his agent, shall been notified of such complaint. Given under my hand this 25th Cterk of thp CitY of chanhassen 'Applies only in cities whose charters provide tor a Board o[ Eq"qli""3isr. ", 7: oo o'clock- 3-u.,Monday 16" 8th day of June 1e..q.l