Administrative SectionADMINISTRATIVE SECTION
Memo from George Bentley, Consultant, Southwest Metro Transit dated
October 9, 1996.
Letter to Mark Halla, Halla Nursery dated October 4, 1996
Memo from John Rask re: Telecommunication Towers and Facilities dated
September 11, 1996
Letter from. Charles Siggerud, MnDOT dated September 9, 1996.
Letter from Dean Johnson Construction dated September 26, 1996
Letter to Fire and Rescue Department dated October 1, 1996
Letter to Wayne Holtmeier dated September 24, 1996
SOUTHWEST METRO TRANSIT
8080 Mitchell Road, Suite 104, Eden Prairie, MN 55344
October 9, 1996
MEMO 'TO: Mayor and City Council Members
Eden Prairie
Chanhassen
Chaska
FROM: George Bentley, Consultant 44
THROUGH: Colleen Dockendorf, Chair
SUBJECT: Public Relations Plan RE: Transit Local Levy Option and TNT Notice
Phone 612- 934 -.7928
FAX 612- 949 -8542
As you know, the new transit levy for opt -out cities, that was adopted by the three Southwest Metro
Transit member cities, will appear on the Truth in Taxation (TNT) notices that will be mailed in early
November. The counties (Hennepin and Carver) have agreed to break out the city tax and the transit tax
on the TNT notices, and there will be language on the notices advising taxpayers that the transit tax is a
transfer from the Met Council. However, we still expect questions from the public as they receive their
TNT notices.
Southwest Metro Transit has prepared a public relations plan to help reduce the number of questions that
may be generated by the public. A copy of that public relations plan is attached. It has been reviewed by
the Southwest Metro Transit Commission.
I will be calling each of you the week of October 14 to discuss this plan and answer any questions you
may have. In addition, you will receive in advance copies of PR materials that are planned for
distribution to the public so you are aware of their content.
Southwest Metro Transit is committed to making this transition as smooth as possible for you, the cities
and the taxpayers of the communities served by our transit system. We look forward to working with
you during the transition period and throughout the coming year in continuing to provide a quality transit
system. If you have any questions before I can reach you the week of October 14 please let me know.
My office number is 937 -3502, and my home number is 949 -2681. Thank you.
The Southwest Metro Transit Commission operates under a Joint Powers Agreement by and between the cities of Chanhassen, Chaska, and Eden Prairie.
SOUTHWEST METRO TRANSIT
PLAN FOR IMPLEMENTATION OF LOCAL LEVY OPTION
THROUGH THE TRUTH -IN- TAXATION PROCESS
' PURPOSE: The purpose of this plan is to assist decision makers in understanding the role the
Southwest Metro Transit Commission (SMTC) and staff will play in assisting the cities in public
understanding of the Local Levy Option (LLO) and its appearance on the pay -1997 Truth -in- Taxation
' (TNT) notices and subsequent hearings.
PLAN:
' 1. Direct Public Relations
• Flyers will be distributed via the newspapers and on the buses describing the transfer of the
transit tax from the Metropolitan Council to the cities to coincide with the mailing of the TNT
notices (week of November 4).
• A second flyer will be distributed shortly before the TNT hearings via the newspapers and on
the buses to reinforce the first flyer, and to assure the information is fresh in the minds of the
taxpayers prior to the TNT hearings.
' • Assistance will be asked of the newspapers in describing the LLO and the TNT notices
through direct request and /or a news release.
' a George Bentley's column will be devoted to this topic during the interim between the mailing
of the TNT notices and the TNT hearings. A request will be made to the Chaska paper to
carry George's column.
' 2. City /County Assistance
'
• Southwest Metro Staff will meet with the staffs from Eden Prairie, Chanhassen and Chaska to
determine their specific needs and to offer training assistance where needed for staff personnel
who are the most likely to receive questions from the public about the transit tax appearing on
'
the TNT notice. The meeting in Eden Prairie is scheduled for October 10, in Chanhassen for
October 15 and in Chaska for October 16.
• SMTC staff will provide information and assistance as necessary to the cities to help them in
'
managing public questions.
• The county assessors' offices in Carver and Hennepin counties will be contacted to assure
'
their comfort level and to ask what SMTC can do to assist them.
• Both the cities and the counties will be encouraged to
refer questions to Southwest Metro.
The Southwest Metro staff will be prepared to answer questions that may arise.
• All City Council members will be provided a copy of this plan and will be contacted to answer
any
questions they may have.
3. Truth -in- Taxation Hearings/Budget Hearings
• Southwest Metro staff will attend all TNT hearings and will be prepared to answer questions
,
and provide background/presentation materials as necessary.
• Southwest Metro staff will attend all city budget hearings (as deemed necessary by the cities)
'
to answer questions from the City Councils or the public.
• Southwest Metro will provide follow -up information (as necessary) that may become
,
necessary through the TNT hearings.
'
• Southwest Metro staff will meet with appropriate city staff personnel to assure that the net
'
transit tax levy is properly calculated. (This is to help in determining certain tax reduction
components that are specific to the transit tax, and may not be familiar to the cities.)
,
4. Additional Assistance
• SMTC will stand ready to assist the cities and the counties in an way necessary to assure
Y Y �Y
public understanding of the new Local Levy Option.
• SMTC understands that situations may change or issues arise that were not anticipated.
,
SMTC staff will work to minimize these potentials and will be prepared to move quickly to
address any such changes or issues that may arise.
'
�
2 1
1
n
1
0
October 4, 1996
Mr. Mark Halla
Halla Nursery Inc.
10000 Great Plains Blvd.
Chaska, MN 55318
Dear Mr. Halla:
Certified Mail
This letter is concerning the development and advertising sign located at the southwest
corner of Pioneer Trail and Great Plains Blvd. This sign is located in the sight triangle of
the intersection and is a hazard to traffic. City Code prohibits signs in the right -of -way.
In addition, all signs must be setback at least ten (10) feet from a property line and must
be located outside of the sight triangle. Further, the Halla Nursery advertisement and
direction arrow is in violation of the City's sign ordinance.
I spoke with Don Halla and Charles Cudd Builders concerning the use of temporary
development advertising signs and explained what was permitted by ordinance. A copy
of the City's sign ordinance was sent to Don Halla. The location of the sign and
advertising for the retail garden center is in direct violation of city code. Therefore, you
shall immediately remove the sign upon receipt of this notice. Failure to . comply with this
order may result in the issuance of a citation or legal proceedings.
If you have any immediate questions, please feel free to contact me at 937 -1900, ext. 117.
' Sincerel
' F John Rask
Planner I
c: City Council
Elliot Knetsch
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: John Rask, Planner I
DATE: September 11, 1996
SUBJ: Background Information Concerning Telecommunication Towers and Facilities
INTRODUCTION
At the October 28, 1996, meeting of the City Council, a draft ordinance pertaining to wireless
telecommunication towers and antennas will be presented to the Council. The Planning
Commission reviewed the ordinance and is recommending approval with modifications. The
purpose of this memorandum is to provide the City Council with an overview of the
Telecommunications Act of 1996, and recent technological advances in the telecommunications
industry.
BACKGROUND
In March 1995, the Federal Communication Commission (FCC) began to auction off 1,900
megahertz (MHz) band of the radio spectrum to new license holders. The country was originally
divided into 51 major trading areas with two licenses awarded in each. For this area, those
licenses were purchased by Sprint Spectrum and American Portable Telecomm (APT). In May
of this year, the FCC sold an additional license in each region and may sell even more in the
future. This additional license was purchased by OneComm, who purchased Motorola's
Specialized Mobilized Radio (SMR) licenses to attach their enhanced system (ESMR) to the land
line telephone network. These licenses have been sold to provide the next generation digital
wireless services commonly referred to as PCS (Personal Communication Services). Airtouch
(formally US West New Vector Group) and AT &T Wireless (formally Cellular One) are two
licensed providers who currently provide cellular services in the area.
I�
P
C�
Wireless Telecommunications
October 9, 1996
Page 2
' Technology
PCS technology is sometimes referred to as "follow -me calling" where calls are routed to a
' person rather than a specific phone number, similar to a personal pager. PCS will utilize a digital
interfacing equipment which will allow for the transmission of computer data, fax, video, etc.
using wireless technology. Traditional "cellular" providers are in the process of converting from
' an analog to a digital technology, which will allow for expanded use and a higher degree of
clarity.
' It should be emphasized that although the technologies discussed in this report currently function
in slightly different manners, they will offer similar services in the future. In fact, all of these
technologies are based on systems composed of interconnecting cell sites. With this common
cell site base, it is predicted that as these technologies evolve, they will become more and more
similar. For example, a transition to smaller cell sites and the use of more antennas per square
mile are expected.
' Both cellular and PCS technologies rely on the use of antennas and low powered radio waves to
transmit. The use of radio waves for transmission is referred to as a "line of sight" signal, which
means that there must be a clear pathway through the air between the transmitting and receiving
antennas. The density of these antennas depends on topographic conditions and the number of
users. Each cell site can process a limited number of calls.
0
Wireless communications are transmitted through the air via radio waves of various frequencies.
Radio frequency radiation (RFR) is one of several types of electromagnetic radiation. Cellular
and ESMR operate at frequencies between 800 and 900 MHz, and PCS operates at both 900
MHz as well as between 1,850 and 2,200 MHz.
The technologies described in this report function similarly in that they are composed of
interconnecting "cell sites," or geographical areas that blanket a region. In this sense, all three
technologies are "cellular technologies," although mobile cellular phones are frequently referred
to as the "cellular" technology because they pioneered the concept.
' As more people begin to demand wireless communications services, wireless systems will
require additional capacity to handle calls. This additional calling capacity can be acquired in
one of various ways: providers can increase the number of their cell sites, use digital versus
' analog technology, or a combination of these methods. As cell sites increase, the area of each
site is reduced in order to avoid overlapping coverage.
' Each cell site within the system contains both transmitting and receiving antennas. Calls placed
from a wireless phone or device are sent to a central computer switching system. The central
switch completes the call by connecting it either to a conventional telephone through a land-
'
1
Wireless Telecommunications
October 9, 1996 '
Page 3
based line, or to another mobile phone through the nearest antenna. As the mobile caller enters ,
one cell and exits another, the call is transferred between the cells.
Federal Telecommunications Act I
On January 31, 1996, Congress passed the Telecommunication Reform Act of 1996 which
opened additional portions of the radio spectrum for PCS licenses. The cellular industry lobbied ,
hard for federal preemption of local siting powers. Language was originally included in the Act
which prohibited cities from regulating telecommunication facilities, but was removed shortly
before passage. However, the Act contains language which limits the extent in which local '
governments can regulate telecommunications towers. Section 704 (Facilities Siting; Radio
Frequency Emission Standards) prevents local zoning authorities from arbitrarily banning
telecommunication towers. The Act reads as follows, "Except as provided (herein), nothing in '
this act shall limit or affect the authority of a State or local government or instrumentality
thereof over decisions regarding the placement, construction, and modification of personal
wireless service facilities. " The Act basically places three limitations on local zoning controls: 1
1) cities may not "unreasonably discriminate among providers of functionally equivalent
services," 2) cities may not "prohibit or have the effect of prohibiting the provision of personal ,
wireless services," and 3) cities may not regulate personal wireless services "on the basis of the
environmental effects of radio frequency emission to the extent that such facilities comply with
the (FCC's) regulations concerning such emissions." I
ATTACHMENTS I
1. Article titled, "For suburbs, antennas are hard to resist ", Star Tribune, October 1, 1996 '
2. Article titled, "AT &T plans move in Twin Cities wireless market ", Star Tribune, October 2,
1996
J .
SF=ON
i'.r:.. �.• . �! i:•,r¢.e: {. ... i, ' ..
SWUM - . j• '
r:
•;�
� or suburb
antienn'' are
� ard .to resist
:°Telecommunications law
favors tower construction
By Mike Kaszuba
Star Tribune Staff Writer
"• The future was set to arrive in Shoreview and
' plop itself down in a small city park overlooking
-Lake Judy. It would be 100 feet tall, 4 feet wide at its
ease, and .would usher in the next generation of
, telecommunications technology.
So far, though, mostly what it has ushered in is a
wave of protest.
er .Three heavyweight telecommunication comps-
. P`
' pies, including Sprint PCS and U S }Nest, have
;descended on Shoreview — as they have on Rose-
_ mount, Roseville and many. other Twin Cities sub-
jIrbs- to talk excitedly of personal communication
' ervice (PCS); a new technology expected to offer
'Advantages over cellular phone systems:
si• - PCS is expected to be cheaper than .cellular,
-prevent eavesdropping and eventually will be able
to fax data and combine local and long- distance
.calluig
-Turn to TOWERS on B7 for..
— New law makes it tough for a city to reject then'
:. .
INDEX r
Adwatch Pas! 82
Faces & Places Pass B4
ObIwades Pace Be
weather Par ..
I �
U
TUESDAY, OCTOBER 1- 1996
* STAR TRIBUNE • PAGE 67
T�VVERSfroJn81
Facing the future in Shoreview
Ne w antenna
Three telecommunications convanies, led by Sprint Pcs and u s west have
asked to buid fivepersonal communication service towers in Shoreview. The
t/'.
is now considering a moratorium in order to weigh the impact, but— Ike
l�lba/e/ S pose .
y
'
-I obl
]] rems or
lacinga imk
p roliferatio n of — - - --
--•
--- .- -___ --
t1glAKE1.
_ - - - - --
l .. -
to request
tow
s
.: st,onev�w
suburbse
- - -,
some
g
suige mrequ�ts�tobt�illd more
canatxnicatbns Turtle
Lake Rd
cH
antenna towers throughout the
tyrbrayforoas
the city to albw
Twin Cities, especially insuburbs
.
the towers to be . ARDBI
such as Shoreview that straddle
buiL !p t h Itif
i
major highways, where ear
t "f�
s
Turtle
'=
phones areapartofBfa
r.,
But the new technology ' is
highlighting a new reality: The
T Act of 1996.
. bcations are
shown at S has �
Sprint teas
ecommtmications
signed this year by President
for WBea 3sw
Vet 6
Clinton and pushed by the tele-
�;
communications industry, now .
lbb PehBy e
s `I
makes it difficult for a city to turn
� , �+
Snai
ewd a
downarequestrobuildatower.
69e
�'
That reaBtywas seen last week.
in Shorevkw, where Sprint PCS
-
J
proposed building three 100 -foot
L
r,
towersinthreecityparks
Sprint PC$ plans to build as
�-�
many as 20 0 antenna sites in the
Judy"
The only thing we can do :
' " A4,
;
John O'Neil, Shoreview's plan-
ning commission chairman. told
upset residents, 'is sit back and
Latest advance.
city's engineer.
try to minimize the impact
That's tme for everyone. Its
_._ .... ...............................
Personal communication
In the end, the PCS antenna
was put atop a city water tower,
nolljust]Shoreviewanthat"
Personal Communication Service
and Columbia Heights will get
'Money, money, money✓'
(M) lathe latest advance InteW
$15,000 a year, plus an annual
living increase to the
hat hardly satisfied Joseph
communication technology over cel-
hdar systems. it is leading to a sud-
cost -of-
lease price.
Cozzolino, one angry Shoreview
den jump in the number of requests
Though it is new technology,
resident who attended a public
to build telecommunications towers
PCS may require more antennas
hearing on whether to approve
and antennas, mainly In the Twin
because they must be closer to-
she,towem
Cities suburbs because of their prox -
gether.
lcxs just money. We're talking
unity to major highways. Among the
Industry : officials say PCS
snoney, money, money, money,"
advantages:
hand -held sets will be smaller
be "said
> Lower prices: Rates are as much
than cellular phones, will use
�rhe Telecommunications
as 40 percent below those for
smaller batteries and will operate
Acts who wrote it? I bet there was
. cellular and carry no service
on 0.2 watts. — cellular phones
an awful lot of telecommunica-
contracts.
work on about 0.6 watts — mak-
tfons matey that went into that
> More security: Eavesdropping
ing it necessary to have the PCS
act;; land it was) written in favor
on transmissions is difficult, as
towers closer together in order to
ofall these companies "he said.
is'cloning" —which allows
relay signals as drivers move
,For now, Sprint PCS has with-
thieves to make calls and trans-
down a highway.
drawn its request amid the con-
fer the billing to other clients.
"They see it as really the suc-
land
tre{versy, and the city_ unsure of
> Smaller phones: They offer ,
cessor to -line communica-
th new technology's impact, is
in or-
Caller ID, text paging, voice
mail apd eventually the ability
tions." said Ann Higgins of the
League of - Minnesota Cities,
Do side ring a moratorium
der to Studythe issue
to fax and deliver data. An in-
which has advised cities and sub -
r We really, really pride our-
befog local
dustry spokesman calls PCS "a .
keep.
urbs on how to negotiate with the
PCS "You're to
selves on a good citi-
zee,' said iom Murphy, a Sprint
cordless phone that can
on going." .
companies. going
see ... these [towers] every cou-
PCSsyokesnnan.
... ................ :....... _.......
pie- and -a -half to three miles.
It s really all in the interest of
= ..
They're talking about a huge ...
sh community: he said. 'We
densityincre ase"
arl bringing the future of tele-
being one of the people that use
it becomes
PCS companies have said they
competitors,
communications .to the .Twin
CitJes.'
the technology when
available," O'Neil said. 'But it's
will cooperate with
jointly putting antennas on the
Put Shoreview officials— [ilea
scary." ;,, ,.
same towers whenever possible.
in Bloomington, Columbia
H tsand Roseville— arefind-
landing on Bloomington
And,. they say, that only in
some cases will "monopoles" —
in that the Telecommunications
In Bloomington, which has six
sucif as the tall, stand -alone tow -
Actlimf thei
ts r options ' '
cellular phone towers, represen-
er initially proposed at Lake Judy
lbe act states that local zoning
tatives from U S West Wireless —
: — be necessary.
- sball not prohibit or have the
,
one of four new PCS companies
"[We want) something that's
effect of prohibiting' the new
that city is dealing with — have
'sites
both livable from your stand -
PC� technology and that cities
must reasonably a000mmodate
said they're looking at 10 hi
Bloomington for PCS towem
point, as well as ours," a spokes=
man for American Portable Tele-
all requests
The city, which ended a 90 -day
com, another of the PCS comps-
...
A also states that local govern -'
moratorium on new towers July
' nies, told Shoreview officials.
meats cannot deny a request to
1, it 'having tons of conversa-
As city officials study their op-
build an antenna or tower 'on=
tions'. with telecommunication
tions, nine Twin Cities suburbs,
• the` basis of-the environmental
companies over new tower sites.
including Brooklyn Park and
effects of radio frequency emir-
_ So far, there haven't been any
Brooklyn Center, have joined to-
sloris" as long as the PCS systems
complaints from citizens.
gether to see how the PCS com -
comply with federal regulations.
But -Glen Markegard, a city
panies should be handled:
The, federal government has ap-
planner, said: "What we have
New Hope, one of the nine
proved PCS technology and hard-
now really pales in comparison to
suburbs, has enacted a morato-
ware as beingsafe.
what we may see three years from
rium on new towers until Dec. 1.
' 'There isn't -- . enough docu-
now."
"Everyone . wants this stuff,
snefnation out there right now to
Columbia Heights recently ap-
ieally," said Greg Moore, execu-
prove it is We to be in residential
' proved its first PCS tower, though
tive director of the Northwest
areas, said Shannon Corazzo, a
Sprint PCS initially balked at us-
Suburbs Cable Communications
Shoteviewtesident.
ing a League of Minnesota Cities -
Commission, which is helping the
. Environmental reasons, she
suggested lease agreement.
nine suburbs With the study.
.was told by the planning com-
, In all honesty; their lease fa-
"Who wants to have a com -
mf on, could not be used as a
bass for denial
voted them and the League of
Minnesota Cities lease favored
munity without wireless phone
service ?" he said..
'• ' _ IImorobablveoinatoendun•
cities.' said Mark Wimnn the
Re -write the life of F. Scott
C ti - author a short story with Garrison Keillor.
conjunction with the F. Scott Fitzgerald L0
ten birthday celebration, Garrison Keillor has wri - a short hio of the famous St. Paul author. It's appear-
• \► \NMESO
M innesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road 62
Roseville, MN 55113
September 9, 1996
r
Richard M. Feerick
7365 Howard Lane, #227
Eden Prairie, Minnesota 55346
' Dear Mr. Feerick:
' Thank you for your letter of August 26, 1996, supporting improvements to the I-494 corridor
in Bloomington and Eden Prairie. You requested clarification of Minnesota Department of
Transportation (Mn /DOT) plans and schedules for I -494.
Mn /DOT's Metro Division is completing its Transportation System Plan (TSP). A draft report
is due out early this fall. The TSP will identify one of three strategies for each highway
corridor in the Metro area. The two highest priority strategies are preserve and manage. The
TSP will also identify a limited number of corridors as candidates for expansion within the
constraints of.expected funding over the next 20 years. The TSP will also help Mn /DOT
prioritize its work on the corridor studies themselves. Studies on those corridors identified as
the highest priorities for expansion will commence before those identified as lower priorities.
Within this context, Mn /DOT has committed staff to continued work on I-494 improvements.
The TH 169 interchange and the I -494 3rd lane from TH 100 to TH 212 are projects within
' the four year Transportation Improvement Program (T.I.P.) Approved by the Metropolitan
Council. Capacity improvements are tentatively identified for I -494 from TH 212 to 1 -394 in
the Metro Division work study program. Improvements on I-494 from I -394 north to 1 -94
' appears to be a strong candidate for improvement easily within the 20 year time frame for the
TSP. How far the projected funding will allow us to go remains to be defined by the TSP.
' Please bear with us as we bring TSP to conclusion. The TSP will set the framework for the
scope and timing of I -494 improvements. Mark Krebsbach, Metro Division Preliminary
Design Engineer, will contact you after the TSP is complete about a study of I-494. Please
call him at 582 -1115, if you would like to further discuss the timing of the TSP and a possible
1-494 study.
Sincerely,
Charles A. Siggerud, P.E.
Division Engineer
An equal opportunity employer
"41'1" stj- I
1. Deflection of roof trusses above entries. The support over the entries was originally '
proposed as including a beam to span the entry areas. I was instructed by the City building
department, due to firecode they wanted to have engineered cantilevered trusses. I complied with
this request, and had trusses engineered and approved by the building department. These are 1
what are sagging at the entries, however they are not sagging beyond the allowable deformation
as engineered and approved. I anticipated such a problem when the City requested the engineered
trusses, so I requested to install a beam as well, but was turned down by the building department. '
The are sustaining the load they were designed for, but the problem is that the allowable
deformation sag provides an aesthetically unpleasing line over the entries. Since I understand the '
20170 75TH AVENUE N. CORCORAN, MN 55340 420 -4044 FAX 420 -2144 ,
a QQ� ° 1
<XO
September 26, 1996
City of Chanhassen
690 Coultier Drive
P.O. Box 147
Chanhassen, MN 55317
RECEivEn
Attention: Mr. Steve Kirchman, Building Official
SEP 3 0 1996
Re: Code violations at Oak Ponds CITY OF CHANHASSEN
Dear Idr. Kirchman,
I received your letter of August 19th itemizing proposed code violations for the Oak Ponds
development. I have discussed this with my staff and structural engineer to better understand the
matters addressed in your letter. My conclusion is that, while there may be some code issues to
be addressed, many of the items are not code violation per the Uniform Building Code. As you
well.know, these townhome plans were amended, engineered and approved by your department
'
prior to construction. Further, the buildings passed all the City and State inspections, per the
UBC in effect at that time. And finally, the development itself has passed the City Engineers
inspection and has been signed of on. Any new requests to change the plan are not valid, nor is it
'
fair to suggest compliance with new codes or interpretations thereof. I understand this list of
code violations is a result of the Oak Ponds Homeowners' Association's list of concerns submitted
'
to you. This response, therefore, is intended to lead to a settlement of disputed claims and is not
to be construed in any manner as an admission of error or wrong doing.
,
Individually, my response to each item is as follows:
1. Deflection of roof trusses above entries. The support over the entries was originally '
proposed as including a beam to span the entry areas. I was instructed by the City building
department, due to firecode they wanted to have engineered cantilevered trusses. I complied with
this request, and had trusses engineered and approved by the building department. These are 1
what are sagging at the entries, however they are not sagging beyond the allowable deformation
as engineered and approved. I anticipated such a problem when the City requested the engineered
trusses, so I requested to install a beam as well, but was turned down by the building department. '
The are sustaining the load they were designed for, but the problem is that the allowable
deformation sag provides an aesthetically unpleasing line over the entries. Since I understand the '
20170 75TH AVENUE N. CORCORAN, MN 55340 420 -4044 FAX 420 -2144 ,
homeowners concerns, as evidenced by my attempts to remedy the situation, I would like to
correct the sag, even though there is no structural deficiency. My proposed solution to the entry
sags is to install a steel beam as additional support for the engineered trusses, align the trusses and
replace or repair the affected siding and soffit materials. This is also the suggestion of the
representative from the Oak Ponds Association during the meeting at your City offices this past
month.
2. Brick wainscoting is cracking, spalling, and efflorescing. The UBC requires exterior wall
covering to provide weather protection for the building at its exterior boundaries, and brick
wainscoting is an acceptable application to provide this protection. The cracking, spalling and
efflorescing are maintenance issues, since they are caused by the effects of moisture freezing and
thawing. Lack of maintenance is not a code issue, nor are the adverse effects of natural weather
conditions.
[i
�J
1
3. Improper siding installation and /or f lashing is permitting moisture and /or air intrusion.
These buildings are sided with vinyl siding and aluminum soffits which are an acceptable exterior
wall covering to provide weather protection. These units have been caulked and inspected by the
siding company, Alside, when we were alerted to the problem previously. Since there are too
many areas to identify, I suggest we meet at the site with Alside, to identify the areas of improper
siding installation. I am confident that Alside will comply with the any code violation found.
4. Garage door headers are sagging. These headers were engineered and approved by the
City to support the span over the garage door, with an allowable deformation of 518 ". Since the
particular locations where this occurs was not identified in your letter, I suggest a site inspection
with a building official to identify these locations. We can then determine whether they sag over
the allowable deformation, what is causing the sag and how to fix the sag, in the code violation
situations.
5. Cracks in interior wall and soffit finish materials. The cracks identified in your letter, as
I understand from the Association representative, are over the kitchen serve through area. First,
the cracks are hairline cracks and not over the acceptable warranty standards of 1/4 ". Secondly,
this area is not a bearing wall, so the UBC does not apply. Thirdly, the floor and roof trusses
which support the walls in these areas, were engineered and approved by the City prior to
construction, and are performing to within their allowable tolerances.
6. Slab on grade concrete directs drainage toward the structure. In the past, we have
identified and repaired slabs and garage aprons that needed correction. Most recently, two
aprons and three patio slabs have been replaced, with the grade correction done at this time.
These were all reported to our office by the homeowners, or the Association, within the warranty
period. If there are others that were not brought to our attention, a building official a
representative from the concrete construction company and a representative from DRJ should do
a site inspection to identify these slabs and aprons. Then we can check our records to verify
whether they were reported to us in the warranty period, so we can determine if the slab or apron
has shifted due to the natural freezing and thawing process over time, or if installed improperly.
The entry slabs are covered areas and the sidewalks do not abut the structure, so should not be of
'
concern m this s ituation.
7. Mildew and moisture is present in service corridors. If you recall, these corridors are not
'
meant to be ventilated, since they are not under -floor areas. Under the City's direction, we were
required to put polyethylene on top of open ground and cover it with sand to effect a seal. This
has been required by other Cities as well for the same purpose and has worked well. Ventilating
the area would allow pipes to freeze in the winter. The Association representative said that
mildew was noted in one corridor location near a door, that appeared to need caulking. Other
moisture problems, I would attribute to the doors being left open so rain can enter. I have
witnessed this on several occasions myself. I don't think this is an issue if the doors are caulked
and kept closed. We will caulk any doors that were missed previously.
8. Membrane roofing leaks. The membrane roofing is under the decks, over the garage area.
We have addressed several leaks into the garages already. Some were a result of improper
'
manufactured patio doors, but the most were from the caulking between the membrane and the
sill of the patio door lacking or deficient. We have records of those units that have reported this
problem to us and we will repair the leaking problem for these units. If there are others not
reported to us during the first year, we will have to be assessed as to whether the leak is a result
of defective installation or materials, or whether the caulking was not maintained. These will have
to be identified to us by the building department. If the decks did not leak during the first year,
withstanding rainstorms, snow and ice buildup and the thaw process in the spring, then most likely
the leak is due to penetration to the membrane roof, or lack of maintenance. DRJ is only
responsible for code violations and warranty situations.
9. Brick wainscoting improperly installed. The areas that lack proper head joints in the
brick wainscoting should be identified at a site inspection with representatives from the building
department, the brick contractor, and DRJ. We will then have the brick contractor repair these
areas.
10. Grade sloping toward structures. We have repaired sloping grade issues reported to our
office within the first year. The UBC states that drainage should be controlled around each
building. Each building, as well as the whole development, has had the final grade approved by
the City building department at the time it was done. The resulting grade issues are a result of
settling of the ground around the buildings due to normal settling, weather and runoff conditions. '
The warranty standards for the settling of grounds are that it is a warranty issue if it has settled 6"
or greater within the first year. We believe we repaired the reported warranty situations of
settling or improper drainage this past summer.
11. Improper attic ventilation. The area of roof that is being questioned about attic
ventilation is the section over the living room and patio door. This area is treated as an outside ,
wall and is packed solid with insulation, with no dead air space. The reason this area is treated
this way is to protect the steel beam which spans this area from frosting and causing moisture and
condensation problems in the ceilings and 2 story exterior wall along that beam. This application 1
is working since I have had no reports of frosting or condensation along the beam. This roof area
should not be ventilated and should not be a code violation. The suspected lack of ventilation was
'J
L
brought to my attention by the representative from the Association who saw roof vents on some,
but not others. The roof vents were placed in error by roofers who did not know the insulation
application we were using, and serve no purpose.
Obviously, I feel some of the problems the Association is experiencing is because either the
homeowners, or the Association is not maintaining the properties. It was brought to my attention
last spring that the drain tiling system was not being checked regularly and pumped when
necessary. This resulted in excessive frost movement in certain buildings where the foundations
filled with water and were not pumped down before the freeze. Caulking seems to be a
maintenance issue that gets forgotten as well as the settling of the grounds around the buildings.
New Associations sometimes do not know or realize their responsibilities and feel the Builder is
responsible for this ongoing maintenance. I will correct problems for which I am responsible, but
not to the extent that they have been presented to me by the City, and certainly not the extent that
the Association is proposing.
There maybe some code issues to resolve on numbers 1, 3, 4, 6, and 9. To resolve thes issues, I
would like to set up a site meeting with a representative from the City builidng department, DRJ
and the subcontractors whose work is in question. Ultimately, I would like to see the needed
corrections made to my product at Oak Ponds in as timely a manner as possible, considering the
duration this has dragged out and the impending winter weather.
I will be waiting for a call from your office to set up meeting time wihin the next week. Thanks
for your cooperation and professionalism in this matter.
Sincerely, -�
Dean R. Johnson, President
cc: Don Ashworth, City Manager
Todd Gearhart, Assistant City Manager
Scott Harr, Public Safety Director
Roger Knutson, City Attorney
Ms. Teri Brigino, Oak Hills Homeowners Association
Howard Noziska, Engineer
Charles Nixon, Attorney
October 1, 1995 - I
Fire and Rescue Department '
City - of Chanhassen
690`toulter Dr. '
Chanhassen, MN 55317
Dear Sirs:_
I understand that the Fire and Rescue Department of the City of Chanhassen responded to
a near fatal car -truck accident in which I was involved on September 7, 1995. This
occurred at approximately 10:45 p.m. at the intersection of 169 coming north from
Shakopee and 212 coming to the east from Chaska. I was the driver of a station wagon
which collided with an empty eighteen wheel grain truck. As a result, I was pinned in
my car for about 45 minutes, experiencing the most excruciating pain that I'm sure one
could imagine. At about two thirds of the way through this period I began to feel
faint and felt I was going into shock and therefore initiated continual shouting and
screaming and noise production to stimulate myself to stay awake. Finally the symptoms
which I was experiencing did clear, namely, a generalized sweat and loss of vision. I
was able to communicate with the rescuers while they were able to free the roof of my
car overhead where I was sitting in the driver's seat. My left leg had been pinned
between the dashboard and the rear of the driver's seat and was wedged such that it
could not be freed in any way. After the roof of the car was peeled back, I believe
'
around four people were able to pull me vertically out of the car and place me in an
ambulance which took me to Hennepin County General Hospital. I experienced a fracture
of the left knee and the left hip along with a dislocation of the left hip and a
'
dislocation of the left shoulder as well as a long laceration along the left knee. I
am now at three asd a half weeks of treatment and have recovered fairly well and will
plan to go back to my work in about a month's time.
The purpose of this letter is to express my deep appreciation to those members of the
department which were involved in my rescue at the above site on Thursday, September
7th, at around 10:45 p.m. I believe their efforts were life- saving for me since I was
'
beginning to show some of the physiological effects of intense continual pain. If
possible, I'd like the names of each individual involved so I could personally thank
them for what they did for me. If not, this generic letter could be used in lieu of
the personal communication.
I'm not sure of the geography in that part of the Twin City area but it seems to me ,
that the city of Shakopee was closer to the accident site than the city offices of
Chanhassen where -your department is based. In this situation time was of the essence
and I think probably even could have been cut shorter had the city of Shakopee ,
responded to the accident. I suppose this has something to do with city and county
boundaries of responsibility.
Another question I have which has befuddled myself and many of my colleagues is why ,
someone 4 -n intense pain without any obvious neurological or respiratory injury (I did
not hit my chest or my head) could not be given pain medication while in the vehicle
until one has been freed up. There is a ready anecdote to morphine which works within I
I . f
Fire and Rescue Department
October 1, 1995
Page Z
a fe%-peconds in-case.-too much morphine had been administered by the emergency medical
tectiftcians. This is4 -a question I would - -think would be worthy - discussion ±r --
meetings which the EMT people must have with supervisors.
I was nu my wav from Le Sueur, Minnesota
_ My perspectives from the
victim's point of view have lent me new respect and recognition for those responsible
for emergency calls and I certainly feel they are some of the unsung heroes of our
society. I tentatively plan to recognize these further once I accumulate the names of
all the individuals involved, most likely in a letter to the editor to the Minneapolis
Star.
If you have any comments or questions, please feel free to call or write.
With best regards.
Sincerely yours,
GES:dmj /STS 1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
September 26, 1996
HEALTHSPAN AMBULANCE PARAMEDICS
Dear
This letter is written in response to your letter dated October 1, 1995, which we received on July 30, 1996.
It has taken
me several weeks to obtain the data you requested, which I am glad to respond to.
First, thank you for your accolades to the emergency response personnel who came to your assistance. Per your request.
following are the names of these emergency response personnel:
'
CARVER COUNTY SHERIFF'S DEPARTMENT
Deputy Dave Potts
Deputy Jeff Enevold
Sgt. Bob Pagelkopf
'
MINNESOTA STATE PATROL
Corporal Jeff Gladfelter
'
CHANHASSEN FIRE/RESCUE
'
Mark Littfin
Rick Rice
Todd Alcoa
Steve Scheid
Randy Wahl
John Murphy
'
Gres Hayes
Greg Geske
Joe Brennan
'
Roger Smallbeck
HEALTHSPAN AMBULANCE PARAMEDICS
I
September 26, 1996
I Page 2
(While none of us expect any additional reinforcement for the work we generally enjoy doing, it does mean a great deal
to the responders to hear back from people they have assisted. If you would like to return a generic letter or otherwise to
me, I would be happy to distribute them for you.)
1 In res�pame to your question regarding why Chanhassen Rescue responded to this call rather than Shakopee, it does have
to do with jurisdictional boundaries to a degree. Because the area of the accident is within the geographical boundaries
' of the City of Chanhassen, it is our responsibility to respond. Because this occurred on a state highway, the Minnesota
State Patrol also responded, writing up the state accident report. If local police personnel are too far away from the
scene, backup from a neighboring jurisdiction would be requested, which might include Eden Prairie, Shakopee or
' Chaska police departments. However, in your accident, the Carver County Sheriff's Department was on the scene within
five minutes of receiving the emergency call.
' Regarding your question regarding the protocol for administering pain medication such as morphine, the basic response
is that in multiple trauma situations where numerous complications may exist throughout the body, the paramedics desire
to have as much accurate information from the patient regarding physiological & emotional symptoms. While stronger
medication may be administered in an instance, for example, where a hand is caught in a printing press where no other
injuries are probable, where in something like a car accident where there may be head injuries, abdominal injuries.
fractures, cervical injuries, etc., it is of course critical that the medics be able to ascertain injuries and changes in the
' patient in order to assess the patient. There is the option of utilizing nitrous oxide as well; but again, in a multiple trauma
situation the medics wish to keep a clear awareness of the patient's condition. I must add the comfort of the patient
remains one of their greatest concerns, and they respond the best they can to meet the needs of the patient's level of pain
and medical well - being. Questions regarding specific medical protocols would best be directed to the medical advisor
for Healthspan Ambulance (Rick Peterson at 640 - 1128).
' Your questions were excellent. I appreciated the opportunity to review and respond to your letter. Just for your
information, I am sending you copies of the CAD (computer assisted dispatch) report from the Carver County Sheriff s
Department; the copy of the state accident report as prepared by the Minnesota State Patrol (which I am sure you alread-
' have); as well as my business card. If you have any other questions or concerns, I would appreciate your contacting me
so that we may discuss further.
' I was very pleased to read in your letter that your recovery has been positive. If I can be of further assistance, please feei
free to contact me.
' Since ,
Scott Harr
Public Safetv Director
' SH:cd
PC: Mayor & City Council `
Don Ashworth. City Manager
Public Safety Commission
Carver County Sheriff's Department
Minnesota State Patrol
a:,safetv�shlswanson
1.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Wayne E. Holtmeier
8524 Great Plains Boulevard
Chanhassen, MN 55317
Re: PID 25- 0135400
Lake Riley Area Trunk Utility Improvement Project No. 93 -32A
Dear Mr. Holtmeier:
Enclosed please find an area assessment location map and the complete assessment roll for the
Lake Riley Area Phase I Trunk Utility Improvement Project No. 93 -32A. I have highlighted in
yellow all the properties listed on the assessment roll which require the installation of a lateral
watermain in order to be able to connect to the City's trunk watermain. Please note that the
Mission Hills development constructed all of their lateral watermains under private contract.
These lateral lines were not included as a part of the City's trunk utility improvement project.
This scenario is quite common as private developers typically install their own lateral sanitary
sewer and watermains within a development.
Your letter to the City Council dated September 23, 1996 also requested a list of affected
property owners that would be in your service area for a lateral watermain extension. Those five
properties have been highlighted in blue on the assessment roll and also colored in blue on the
location map. It is interesting to note that some properties listed on the location map, ie. TT, UU
and W, have property lines adjacent to the trunk watermain and, as such, lateral watermain
benefit assessments of $2,500 were also levied against each of these properties in addition to the
trunk assessment. However, these properties also must extend a service line a fair distance from
the house to the trunk main in order to have City water.
Finally, you requested a copy of the policy for determining the benefited service area for trunk
watermain and trunk sewer line projects. The City has developed comprehensive sewer and water
policy plans for the City which were completed in 1993. These plans basically provide the master
layout for trunk sanitary sewer and watermain and ancillary facilities such as water towers, wells,
and sewer pumping stations throughout the City. The specific benefit areas associated with
segments of these trunk improvement projects are identified as a part of the feasibility report for a
1
September 24, 1996
t
Mr. Wayne Holtmeier
September 24,1996
Page 2
particular trunk improvement project. The feasibility study for this project was prepared back in
1994 You as well as all property owners within the defined service area were notified of the
neighborhood meetings as well as the public hearing held in 1994 to discuss the feasibility study
and properties determined to be benefiting from this improvement project. The public hearing on
the feasibility study is the most appropriate time for property owners to question whether or not
their property benefits from a proposed improvement project, particularly as it relates to defining
the service area for the project. In any case, I have included a copy of Drawing No. 2 and
Drawing No. 5 from the original feasibility study which provides information on the alignments of
the trunk watermain as well as the proposed assessment area which is the same as the defined
service area.
The City also has on file, the project documents of many trunk utility improvements which have
been completed during the last five years for which trunk area assessments have been established
and levied. However, these documents, as well as the comprehensive sewer and water policy
plans and the original feasibility document for this project are quite large in size. I encourage you
to make an appointment to come in to the Engineering office in City Hall to view these documents
at your convenience. If you should have any further questions, please contact me at 937 -1900,
extension 114.
Sincerely,
' C1TY OF CHAN
HASSEN
Charles D. Folch, P.E.
Director of Public Works
�1
CDF:ktm
Attachments: 1. Phase I Assessment Location Map.
2. Phase I Assessment Roll.
3. Sheet Nos. 2 and 5 from the feasibility study.
C Don Ashworth, City Manager
Mayor and City Council
David Mitchell, OSM
g'.1eag`Vnblk'9X32a%61hneier letter 2.doc