Administrative Sectioni
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ADMINISTRATIVE SECTION
Letter to Robert Brown, MnDOT dated March 22, 1994
Memo to Vicki Churchill, Norma Schuller and Gina Burmeister dated March 21, 1994
Memo from Don Ashworth re: Hanus Building dated March 18, 1994
Letter from Susan St. John, Minnesota Landscape Arboretum Foundation dated March 2, 1994
Letter to Ben Wopat, Dept of Army dated March 21, 1994
Letter from Bob Lindall, Southwest Corridor Transportation Coalition dated March 17, 1994
Cooperative Public Service Award Application from School District 112
Letter to Lynne Kolze, MnPCA dated March 21, 1994
Thank you note to Mark Littfin from Teddy Bear Daycare
Letter from Jim Roberts, Roberts Automatic dated March 15, 1994
Certificate of Training, Scott Harr
Letter to Dave Warzala, Barton- Aschman dated March 15, 1994
Letter to Cliff Aichinger, Urban Wetlands Management Coalition dated March 15, 1994
Letter from John B. Waldron, Courey, Albers, Gilbert & Riley dated March 14, 1994
Summer Newsletter Schedule
Letter from Kevin Oak, The St. Paul Companies dated February 29, 1994
Memo from Jerry Ruegemer dated March 11, 1994
Article from the Byerly's Newsletter
HRA Accounts Payable
Newspaper Article entitled, "Competitive bidding hauls down garbage trucking cost, study says"
Newspaper Article entitled, "Scheibel to turn silver threads into volunteer gold"
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Robert Brown
Metro Division State Aid Engineer
Minnesota Department of Transportation
Waters Edge Building
1500 West County Road B2
Roseville, MN 55113
Re: 1994 Chanhassen Municipal Needs Update
PW004
Dear Mr. Brown:
Enclosed please find the City of Chanhassen's updated need sheets and corresponding road data sheets for
Chanhassen's Municipal State Aid System. I have also a revised 1993 Certification of Mileage form and
State Aid Revision form as there was a .05 mile err listed on Route No. 117, Section 020. The correct mileage is
.05 miles for this segment as shown on the State Aid data sheets.
If you have any questions, please feel free to confect me.
Sincerely,
CITY OF CHANHASSEN
Charles D. Folch
Director of Public Wprks/City 'Engineer" k w
CDF.jms
Attachments: 1. Updated Need Sheets.
2. Road Data Sheets.
3. Revised 1993 Certification °;Mileage.
4. Revised State Aid Revision faun.
City Council Administrative Packet (3/28/94)
Dave Hempel, Assistant City Engineer
Mike Wegler, Street Superintendent
�:�g� «Yan.n�9�neea.
March 22, 1994
09 AN i i i i
ANNUAL CERTIFICATION
OF MILEAGE
C
SEE ENCLOSED RESOLUT AND INSTRUCTIONS i
*RECORD REVISIONS ON BACK OF CERTIFICATE
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9
o w 1 a Q 1 C
G Z a Z a 4
E E
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nl L fv IV I vi I vu viii
1. T r unk
1.95
18.43 18.43
8.28 10.23
18.43 118 .43
1.95 8.28 F10 .23
""A""O ' •"- r
S. County Rands
5.68
11.01
16.69 1.66
0.19 1.85
7 , 4
11.20
18.54
dude mileage designa as WAS
3.77
3.77
6. Other Local Roads And Sleets - nut designated
3.77
3.77
fide T.K i C1SAH lonta roads
1.03
78.17
79.20 1.01
3.08 4.09
2.04
81.25
83.29
7. Tohl Improved Basle Mileage (Total of line 4 + s + Prevlan
92.95
Tor -
r d �
3.27
96.22
Currert -
S. Pa(canings Umllsdan (col. )%Urw T Tln" s).
0.20
x
S. MAXIMUM YLEAGE ALLOWED FOR M.S.AS. DESIGNATIONS.
19. 24-
10. TOM Municipal State Aid Sleet Designated (Cdun )U, Line 3 pus Line 4).
18.54
11. Total Msas One -Way Sleet Mileage Included In Col. X11. Line 3& 4. N A
Of considered as 112 Mileage - per Saeenlq Board approvaq
L& DtAded By 2 - N/A
12. Mileage designated WAS - not Including T.H. Tunbadc mileage Wne 10 plus Line 11).
18.54
13. Total Mlles of T.H. Turnbecks Designsted as Was (Above 20%).
N/A
14. TOTAL M.S.&S. 164LEAGE DESIGNATED BY CITY 4-kW 12 plus Une 13).
18.54
15. Municipal State Aid Street MIIsaQ&y4 )kJndar Maximum Allowed (Una 9 minus line 12).
0.70
I hereby certify that the total Impr ale Street Mileage In the Municipality of Chanhassen
96.22
as Of December 31. 1993 is
Miles.
Signed
Title _ City Engineer /Director of Public Works
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JAN. 1 TO DEC. 31, 1993 MUNICIPALITY Chanhassen
REVISIONS DURING. CURRENT YEAR
MUNICIPAL STATE AID STREETS
Route
Number
Original
Miles
MILEAGE CHANGE + OR -
Revised
or new
Mlles
Date
of
Chan •
Reason
Indicate It
Needs were
Received
In 1993
Non-
Existing
Un-
Improved
Improved
Total
111
0
+0.24
0.24
0.24
4/20/93
Add! Sta
Aid Mileage Avail.
117
0
0.06
0.06
0.06
7/14/93
«
113
C
+1.60
1.60
1.60
4/20/93
"
117
0.10
-0.05
- 0.05
-0.06
7/14/93
Route # Change
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I
0
1.66
$,.
I .g-gg
egg
TOTAL NET CHANGE
COUNTY STATE AID HIGHWAYS
TOTAL NET CHANGE
COUNTY MUNICIPAL STATE AID STREETS
TOTAL NET CHANGE
FIGURE 2
CITY OF CHANHASSEN
STATE AID STREET SYSTEM
1993
(From 1993 MSAS Need Study)
CLASSIFICATION
DESCRIPTION
SECTION
SEGMENT
MILEAGE
Non - existing
Lake Lucy Road
101
010
.61
Improved
Lake Lucy Road
101
020
122
Improved
Kerber Boulevard
101
030
.81
Improved
Kerber Boulevard
101
040
.63
Improved
Saddlebrook
102
010
.19
Improved
Bluff Creek Drive
104
010
.72
Improved
Bluff Creek Drive
104
020
.60
Improved
Audubon Road
106
010
.79
Improved
Audubon Road
106
020
.73
Improved
Lake Drive
107
010
.64
Non - existing
Lake Drive
107
020
36
Non - existing
Lake Drive West
108
010
.61
Non - existing
Pleasant View Rd.
109
010
1.52
Improved
Lake Drive East
110
010
.47
Improved
Lake Drive East
110
020
.04
Improved
Lake Drive East
110
030
39
Improved
Lake Drive East
110
040
24
Improved
Minnewashta Pkwy.
111
005
24
Improved
Minnewashta Pkwy.
111
010
130
Improved
Lyman Boulevard
112
010
.61
Improved
Lake Riley Blvd.
112
020
AO
Non - existing
West 78th Street
113
005
1.60
Improved
West 78th Street
113
010
32
Non - existing
East -west route between
Galpin
Blvd. and TH 41
114
010
.68
Improved
Galpin Blvd.
115
010
.81
Non - existing
East -west route between
Galpin Blvd. and TH 41
lying south of
TH 5
116
010
95
Non - existing
Frontage Road
south of TH 5 -
Audubon Road to
Galpin Blvd.
116
020
.95
Improved 1991
Dell Road
117
020
A5
Non - existing
Dell Road
117
010
A6
1993 STATE AID TOTAL MILEAGE
Non - Existing = 734 miles
Improved = 1120 miles
*Denotes new (1993) additions to the MSA system.
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CITY OF
- { -�-
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Vicki Churchill, Norma Schuller, Gina Burmeister
FROM: Sharmin Al -Jaff, Planner 11
DATE: March 21, 1994
SUBJ: Affordable Housing Survey
I wanted to take a moment to thank you for the time and effort you put into entering the survey
data into the computer. I realize what a monotonous job it was. I also realize how busy you are,
yet the surveys where completed 10 days ahead of schedule.
I appreciate all your help and thank you again.
p.c. Karen Engelhardt
l�t.Gt/m 4tZo v r
CITY OF C �' -h -5� JL
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: March 18, 1994
SUBJ: Hanus Building, Purchase/Repurchase Agreement
One of the things I love about Roger is that he keeps his opinions short. He also responds to the
question you ask him. If you don't ask the right question, you won't get the full answer.
I would agree with Roger's position that the Purchase /Repurchase Agreements have virtually no
"commitments" against the city/HRA. However, what is not shown is the 15+ years of litigation
between the city and the previous owner. Each sale lessened our ability to re- establish the screen
fence, prohibit the sales of trucks/boats /etc. along the entire frontage of Highway 5, and left us
literally powerless in our ability to screen and improve the looks of the property. There is no
city ordinance that requires you to paint your building. Unless clearly documented, open storage
of junk has all of the same drama and frustration as we've gone through with Lowell Carlson.
When equipment is mobile, the problem becomes compounded because yesterday's violation is
simply moved for a day or two.
I would agree with Roger's statement that, "Nothing in the agreement, however, obligated the
HRA to do any fix up or maintenance work." Mr. Kirt has no written documents portraying a
commitment from the city/HRA to do anything on the property. However, staff has made a
strong commitment to the HRA that we would insure that easements and covenants would
accompany the resale of the property to insure that those areas necessary to adequately screen
the property from virtually all sides were in place and enforceable. We can assure that any
attempt to remove that screening, park junked cars, remove vegetation, etc. would be an
enforceable violation. We additionally made a strong commitment to the HRA/Planning
Commission that improvements would be made` along Highway 5 and the pedestrian bridge
(berming, landscaping, fencing, roof screening, etc.) to insure that the storage area/roof top could
not be seen from Highway 5 or from the pedestrian bridge. The design work necessary to
effectuate that commitment was completed and the contract to physically cant' out that work has
been authorized and will be let in the next 90 days.
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MEMORANDUM
G
Mayor and City Council
March 18, 1994
Page 2
Staff continues to believe that we have provided recommendations to the HRA which will insure
that a site which has had a history of long term problems can be corrected. We believe that we
' are currently meeting the commitments we have made to the HRA/Planning Commission and that
those commitments will culminate in a good project for the city. Finally, we believe that we
have been fiscally responsible in looking at alternative ways to correct problems on the site. We
' have never portrayed that these solutions would result in "making money."
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Mar 17,94 16 :25 No.001 P.02
CAMPBELL, KNUTSON, SCOTT & FUCHS, RA.
Attorneys at I.aw
Ik"ger N. Knu1 „in
Th"tt,a 1l1. S.'u
G ary
J;nu. R. Walaku,
I Ilimt B. Kno%d)
I:hr.,hrth A. hin-rr
Aidw.1 ML I owcll Coublo
CRUM S81IN CXTX COUNCIL
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((,12) 452 -SL\v I
Fax (612) 452.5550
March 17, 1994
Donald J. Chmiel, Mayor
Mike Mason, Councilmember
Richard wing, Councilmember
Colleen Dockendorf, Councilmember
Mark Senn, Councilmember
RE: Hanus Building
Dear Mayor and Councilmembers:
At the last City Council meeting Y was directed to review the
status of the Hanus building and to update the Council.
On October 9, 1992, the HRA purchased the Hanus building from
Gary Kirt for $725,000 plus closing costs. The HRA paid $225,000
cash and assumed a $500,000 mortgage. On the same date the HRA
entered into a repurchase agreement with Gary Kirt. Mr. Kirt has
obligated himself to repurchase the property for $825,000. He must
close on the repurchase between April 1, 1994 and October 1, 1995.
The HRA acquired the property for the purpose of cleaning it
up. Nothing in the agreement, however, obligated the HRA to do any
fix -up or maintenance work.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY:
RNK:srn
cc: Don Ashworth
Roger N. Knutson
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Suite 317 • Eagandale. Office Center • 13$0 Cor )orate Center Curve • Hs qn, MN 55121
IFl
cc- /PJ �,.�..
MINNESOTA LANDSCAPE ARBORETUM FOUNDATION
3675 Arboretum Drive
P.O. Box 39
TRUSTEES 1993 - Chanhassen, Minnesota 55317
D. Kenneth Lindgren. (612)413 -2460
President
Elmer L. Andersen
J. Daniel Baasen
Priscilla BreHster
Laura E. Chandler
Katherine L. Collard
Man in "Les' Da%
Wallace C. Daxton
Mrs. Charlotte H. Drake
W. John Driscoll
Kay Erickson
John D. Gabbert
Gars M. Gardner. Ph.D.
Jan Kiefer Gtddsmith
Julie S. Hahn
Helen C. Hanfiel
Emogene C. Hitchcock
Janie, Horni,
Rush Huff
Howard E. Kaemer
Randall L. Lindquist
Mari A,ne \};Guinn
Jane B. Nels,m
Catherine T Nichol
Leonard Parkcr
Edward S. Reid
Mrs. Thomas C Sa%age
Mrs. \tar. R. Sijnir_\
Barbara H. Steiner
Rolf G. S\endsen
H. R. Swans,
James A. Trend;.
Fredrick \','all
John Wheelihan
Helen W. 11'himn \
HONORARY
TRUSTEES - 1993 -94
Eleanor J. Andersen
Marion Andrus
Dale L. Bachman
Gordon J. Bailex. Jr.
Lloyd Brandt
Mrs. Allan G. Carne,
Mrs. Benton J. Case
Martha de Vus
Judx D. Driscoll
William F. Hue_. Jr.. Ph.D.
Stephen F. Keatin
Samuel H. Mor -an
Thomas P. Nelson
Robert J. Odegard
Margaret Ordwa\
Mrs. William C. Seaman
Rita F. Shemesh
Phillip H. Smith
Clifford C. Sommer
Barbara Thompson
Eugene F. Trumble
March 2, 1994
Paul Krauss, Director
City of Chanhassen
690 Coulter Drive P.O.
Chanhassen, MN 55317
of Planning
Box 147
nr
IVIA�- ; 1994
C ITY OF IL,! :e-�
Dear Mr. Krauss:
The Minnesota Landscape Arboretum requests your
endorsement and support for two proposals to the
Legislative Commission on Minnesota Resources which
will promote the maintenance, enhancement and
understanding of Minnesota's native restored
wetlands. Both are enclosed for your review.
Currently, there is no single comprehensive resource to
deliver information and education on functional and
ecologically healthy wetland restoration. The
Minnesota Landscape Arboretum with its tradition of
quality programming in scientific research and public
education has a regional presence and a statewide
network to effectively deliver public information.
Over the next few years, the Arboretum could become
this important resource and demonstration site for
education about appropriate wetland restoration.
LCMR Proposal No. 9408104 to acquire the headwaters of
an intact watershed and wetland basin on the Arboretum
boundary will
It ensure full control of the watershed,
* protect environmental integrity of the
Arboretum collections, and
* provide an accessible demonstration site for
research and public education on wetland
restoration.
Committed to public leadership in promotion of
environmental awareness, the Arboretum will extend its
educational influence and public outreach through
interpretation and study of its own five native and re-
created ecosystems. This year, the Arboretum's
proactive public response to the stresses of urban -
suburban development surrounding its site greatly
March 2, 1994 - Page.2
increased public awareness and promoted public understanding of the
fragile nature of the urban environment. '
Proposal No. 9408103, MLA's second request for Froject support,
will enable rehabilitation and interpretation of•Green Heron Bog
Trail, the southernmost example of a northern bog ecosystem. '
This project will further illustrate the importance of a natural
wetland, the nature of a northern bog and the ecosystem needed for ,
its support. The fully accessible trail will connect - to the
Arboretum's new Horticulture Therapy Workshop expanding
opportunities for Minnesotans of diverse abilities to appreciate,
understand and work within native and cultivated landscapes.
We hope these important priorities for the Arboretum receive
serious consideration for LCMR support in 1994 -95. If you have any ,
questions, please call me (443 -2460 Ext. 348) or Peter Olin at
(443 -2460 Ext. 654).
Sincerely, ,
Susan St. John`
Major Gifts Officer '
Minnesota Landscape Arboretum ,
Enclosures:
LCMR Grant Proposal # 9408103
LCMR Grant Proposal # 9408104��� {�L
c: Peter J. Olin Aelle " `'"`� a'�
off"%
m m m m m m ====M====== Na ga
Proposal is 9408103
LCMR Proposal 1995
Project Title: RehablNhla Boo Toll providing Inl rpnMglon of Native Ecosystem
Profed Manager: Peter J. Olin
AMNallon: Director. Minnesota Landscape Arboretum (ALMA)
Address: 3675 Arboretum Drive, Chanhassen. MN 55317
Phone: 612/443 -2460
Total Biennial Budget: SLCMR: 500.000 $Match: 113.760 $Total: 613.760
L NARRATIVE: Develop interpretive trail Mustrating southernmost example of northerm bog
ecosystem, a protected native habitat of statewide significance at MLA, fully accessible as
recreational experience for outd-classroom environmental education.
M. OUTCOMES: Pronota wide public access to native Minnesota ecosystem; provide science -
based environmental education and recreational opportunities for people of all ages and abilities;
Illustrate the Importance of preserving natural scosystems, demonstrate value of wetlands. Identify
bog plants and animals. promote appreciation and use of native plants in the landscape.
0. OBJECTIVES:
A. TITLE: Develop accessible bail lhrough nMhia bog, s protected, native soosystem at MLA.
Al. Summary: Trail co nxtbn, satety and Interpretive exhbits with related education
program to serve as regional nodal. Accessible trail design and construction will
demonstrate corwwvadon on publidprivate land. Integration of experiential and
program opportunities will link MLA's new Hodloullwe Therapy Lab and Sensory
garden expanding recreational and educational opportunities for challenged
populations.
A2. Budget: $ LCMR Funds: 562.760 Non LCMR Funds: $62.760
113. Timeline: 7195 1/96 6196 1/97 6197
p rodud h Improve scoees lo bog.... 7195 ....... ..... ..... » ............................................................. on
product fit Re•vsgetste northern bog ecosystem .... » .... 5/ 96 .................... .............................on
product 03 Construct trail and interpretive exQhblts.. .10195 ......................... ...........................6197
B. TITLE: Provide interpirdedon of native bog plants and their culture; Illustrate ecology d the
rhelwaI wetland, explore restoration of degraded wetlands, expand understanding of
kterrelstforefhlp and differences between plant communities. showcase Importance
of erwkonnsnld stewardship.
B1. Summary: Interpretation slows for sewed levels of Involvement with plants such as
appradatkhg various pats of bog We cycle. therapeutic benefit which comes from
expa ndng native eoosystems, empowerment that comes from true understanding.
Interpretive trall will aim AMA's award wkdhhhg youth education programs
tagetkg K-6 grade advoi children; out- oRdawroom education of K•12 grade and U
oN students. and Arboretum's active and passive annual education of 200,000 of all
ages and abilities.
91 Budget: Non LCMR MmW* Funds - $51.000
BS. TAeelie: 7/95 1/96 6196 1/97 6097
product tl Expand environmental scisna opportunities for diverse
audiences... ............................................................ .9/98...................... on
Product 02 Increase public awareness a se e ants.... 5/ 96 ............................on
C. TITLE: Provide Increased understanding of native psopb's attitudes and values abort
natural plant oommunities and historic used bog plar".
C1. Summary: Interpretive exhibits and related progranrnkrg will expand understanding
of People -Plant connection In history.
C2. Budget: WA
C3. Timeline: 7/95 1/96 6/86 1187 6/97
product 01. Expand related muti-cultural programs ... 9 196 ............................ on
IV. CONTEXT:
A. Significance: As the southernmost example of a northern bog ecosystem, typical as a
Minnesota plant oommunity but rare for the local environment, the interpretation of this nalhro
bog has statewide significance. Uniquely positioned for widest public access at the MLA,
this interpretive trail will provide inspiration, recreation and education to diverse audletoss.
Elevated on a boardwalk above ground level to demonstrate stated -the -art conservation of
native species and protection of fragile soil structure on publidpdvate lard, overall site plan
for this interpretive treIl through protected ecosystem will stress proledkm, enhancement and
interpretation of critical habitat. Coordinated with environmental programs In the prairie and
woodland forest. other native ecosystems proleded and Interpreted at the MLA, this trail,
Interpreting MLA's third native soosyst am. will interact with ongoing educational Initiatives
and enhance the scope of environmental resources and information delivered by the AMA to
all Minnesotans.
B. Strategy: Rehabilitation of this Interpretive hall caries statewide significance for Its unkrys
value. Illustrating the protected bog habitat; providing wide public access for diverse
audiences; demonstrating conservation practices; identilykg and promotirg use of native
plants In the landscape; expanding the delivery of smrkonmental education to assist public
officials In environmentally sound dechion malting.
C. Time: The Wowing will be completed during LCMR 24 month grading period Improved
bog access, trail development, and construction of interpretive exhibits. Maintenance of
rehabilitated trail and development of related Interpretive exhibits will be oonducted:by AMA
stall and supported by other funding.
D. Cooperation: James Hagstrom. Landscape Archked
Nancy Allison, Federated Gorden Clubs of Minnesota
V. BUDGET HISTORY: Now Proud
VL For LCMR use only:
Ag_und leg_lev ps oor du► Inn aw sits_
Proposal N: 9408104
LCMR Proposal 1995
Title: Acquire Arborebrn Boundary Land Including INact Watsrahed/Wetlsnd
Project Manager Peter J. Olin
Affiliation: Director. Mlnneaola landscape Arboretum (LI A)
Addrees. 3675 Arboretum Drive. Chanhassen, MN 55317
Phone: SIPJ443.2460
Total Biennial Budget: $LCiMR: 1222M $Match: 123M(UofA dvate Funding) $Total: 2.452M
L NARRATIVE: Acquire boundary land containing Intact watershed/wetland basin for environmental
protection of MLA oolbdbns, nati" habitats, and development of model wetland restoration
accessible for public education and longterm research.
N. OUTCOMES: Protect environmental Integrity of MLA site with boundary land acquisition
mitigating stress of urbeNsuburban fringe and controlling crklcal headwater to Arboretum watershed.
Accelerate technology transfer between ecological research and citizens of Minnesota with
development of model wetland restoration. Serve public need as single comprehensive resource for
pubic education on wetland restoration.
M. OBJECTIVES:
A. TITLE: Protect Integrity of MLA watershed. collections and programs.
Al. Summary: The MLA's long-range land use plan calls for acquisition of surrounding
properties to protect ske from the drew of urban development; provide land for
ecological research; ensure eke integrity of existing and proposed research and
programs. Lard acquisition will provide specific locations in the urbantsuburban
landscape for longterm (30 year) scientific evaluation of wetland restoration, plant
performance. and sustainable adtund methods.
A2. Budget: Non-LCMR Match $12M (Private Sector)
AI. TlnelkwI 7/95 1198 6198 1/97
product fit Acquire 170 acres of land sunounciii MLA ........... .......6196................6197
product 42 Gain control of 90% of MLA watershed ................... .......6196................6 /97
B. TITLE: Acquire research eke to develop as regional model for wetland restoration with
unique pubic access.
Bt. Sumner An Intact portion of MLA's watershed with wetland basic in need of
restoration, eke Is critically positioned to control hydrologic Input into MLA's grounds
and wetland research. Located at a major highway Intersection, site offers pubic
access. Developed as a model wetland restoration. display will be backed by MLA's
quality research and educational programming. Integrated with MLA's research and
educational programs, redorallon model offers statewide significance as a single
pubic resource for comprehensive delivery of information on wetland restoration.
82. Budget: LCMR: $1.072M
B3. T1metNn: 7195 1/96 6196 1197 6187
product ff1 Acquire eke ...... 7 /95 .... ...........................6196
C. TITLE: Develop plan for wetland system restoration, re4bocf wetland area, and establish
wetland ecology.
C1. Summary. Develop restoration plan for ske menagsrnsnt Including wetland
research, plant conservation, public education. and longterm monkoring systems.
Restore hydrologic and ecologic systems through control of runoff area,
establishment of proper watershed ground cover, and re- vegetation of diverse
wetland plants. Use MLA expertise to propagate plant materiel, reconstruct eke as
demonstration model with sensitive public seem.
C2. Budget: Non -LCMR Match: $30,000 LCMR: $150,000
C3. Timeline. 7/95 1196 6188 1/97 13197
product *1 Plan for model wetland restoration... 7 /95 ........................6196
product 02 Construction for water control and eke access . ....................8 /98..10/98
product #13 Initial re- vegetation ............................................................... ..................4197......W97
IV. CONTEXT:
A. Significance: Land acquisition will begin to protect and secure environmental itowily of
MLA's 905 acres of research collections, plant displays, native habitats and provide eke for
model wetland restoration. Acquisition will serve pubic need for education about wetland
restoration and research on re-estabfishing ecological dhrorsky in wetland systems.
Scientists and educators need hydrologically controlled site for longterm study of eocogk al
options and responses. MLA's model will provide a single comprehensive resource for
public education on wetland restoration. A statewide resource of international significance.
MLA's watershed, plant collections and native coo- systems are currently threatened by
Impending commercial and residential development. This project's dual benefit allows MLA
to provide leadership In display of plants. managed ecological systems. scientific study,
environments! education, and to expand public oficlals awareness of successful wetland
management.
B. Strategy: Acquire land to control watershed I ipePH MLA wetlands. to proted MLA's water
quality, to control erasion, and to mitigate stress from urbarlauburban development.
Establish ecologically sensitive wetland with pubic scows to serve as regional model for
longterm study and comprehensive pubic education.
C. Time: The following to be completed during 241mo. LCMR grant period: land acquisition,
wetland plan, initial re- vegetation of wetland. Longterm m- vegetation to be Implemented par
wetland plan. by MLA staff, supported by other funding.
D. Cooperation: Dr. Susan Galatowilsch, UcIM Assistant Professor, Landscape Ecology
Paul Neuman, Dist. Manager, Cover County Sol and Water Conservation
Paul Krauss, City Planner, Chanhassen, MN
V. BUDGET HISTORY: None
VI. For LCMR use only:
sig_und_leg_lev _ ps con dun Mn_lyd aoc sb_
CITY OF
c�ANHASSSN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Peter Olin
University of Minnesota Landscape Arboretum
3675 Arboretum Drive
P.O. Box 39
Chanhassen, MN 55317
I Dear Mr. Olin:
The City of Chanhassen has worked closely with the Minnesota Landscape Arboretum for many
years and looks forward to their continued presence in our community. They have told us that
they are seeking an LCMR grant to undertake land acquisition to protect and restore a watershed
that extends onto their existing land holdings. The area in question is zoned for office/industrial
uses and is the subject of a development proposal that is currently being reviewed. Due to this
action and the fact that time has not permitted a formal position to be taken by the Chanhassen
City Council, I cannot provide a direct statement of the City's support for the LCMR request.
1
1
At the same time, I can state that the property described in the LCMR grant request is privately
held and is likely to be developed within the next few years, without some sort of public
intervention to acquire the parcel. The watershed in question is a portion of the Arboretum's
ecosystem and is the trail head for a ravine -based drainage and trail system that runs the length
of the adjacent City of Chaska. Its acquisition and restoration would have a beneficial impact
upon the environment of the surrounding area It would also have the benefit of rationalizing
the Arboretum's eastern boundary to align it with Hwy. 41. This could result in enhanced
protection for Arboretum resources as urbanization continues to encroach upon it. Chanhassen
also has put into place one of the most progressive wetland protection programs in the State. I
am certain that my community, along with many others that have a strong interest in this area,
will benefit from the research that would result.
4
Sincerely,;
-!7
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Paul Krauss, AICP
Director of Planning
pc: Mayor and City Council
January 31, 1994
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
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1
Mr. Ben Wopat
Chief, Regulatory Branch
Department of the Army
St. Paul District, Corps of Engineers
190 Fifth Street East
St. Paul, MN 55101 -1638
Dear Mr. Wopat:
This letter has been prepared in response to your March 14 letter regarding Project 93 -6 -1. This
project has been proposed by the City of Chanhassen under its recently completed Surface Water
Management Plan. It will be used to remediate existing untreated storm water flows from an
older part of our community that is having a detrimental effect on Lotus Lake which is a major
environmental and recreational resource.
I found the MnPCA's position on the permit to be both interesting and confusing. They correctly
point out that Chanhassen will be undertaking a number of similar projects to protect our water
resources in the coming years. They have uniquely determined that this constitutes a cumulative
impact that exceeds the three acre maximum for a nationwide permit. They failed, however, to
point out that most of these projects are in different areas of the city, in different watersheds and
have not yet been proposed or funded.
From the MnPCA's position, I can only conclude that a community such as ours, with the
dedication and foresight to comprehensively plan to protect our water resources, is being
penalized for doing so. If we had proposed this on a piecemeal basis, with little understanding
of our ecosystem or of the projects effectiveness, the MnPCA would have been happier and they
would not have recommended that an individual permit be required. One could also conclude
that the MnPCA knows little of our Plan. Nothing could be further from the truth. We have sent
them copies and held meetings with their staff. Lastly, I would note that we would be only too
happy to have the MnPCA sign off on our Comprehensive Plan once and for all so that we do
not have to go through this review and experience delays every time we propose something. The
MnPCA staff has told us that they are not in a position to do so. It seems to me that if we are
to be held liable for our Plan, and we are willing to be, that the MnPCA ought to be required to
review and approve it.
L
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March 21, 1994
�J
Mr. Ben Wopat
March 21, 1994
Page 2
As to their second point of protecting wetland values and functions, we agree and this is part of
our proposal. We believe wetland values will be enhanced and are willing to demonstrate this
fact. We also note that there is a basic flaw in the MnPCA's approach. We are undertaking this
work in a developed area to restore an important lake. There simply is no additional surface area
to be had, so we have taken the route of working to improve wetland values and functions. If
we are unable to get some credit for the water management basins, increased cost may cause us
to abandon the project. Is the MnPCA saying that they have determined that continuing to dump
untreated water into the lake is an acceptable outcome?
t In summary, we value the review process but are confused as to where this is going. Chanhassen
has a hard -earned reputation for being one of the most environmentally responsible communities
in the State. We are attempting to do something that offers us no financial gain or has other
compensation other than to save the preservation of a lake that is important to our residents. The
request is a rather simple one that has been prepared in a professional manner. We are asking
' that you work with us to expedite the review so we can get to work.
Thank you for the opportunity to comment. As I will shortly be leaving Chanhassen, please send
all future correspondence to Diane Desotelle, our Water Resources Coordinator, and Kate
Aanenson, our new Director of Planning.
1
Sincerely,
Paul Krauss, AICP
Director of Planning
PC: Mayor and City Council
Roger Knutson, City Attorney
Kate Aanenson
Diane Desotelle
Ismael Martinez, Bonestroo Engineering
Bruce Sandstrom, BOWSR
Jack Frost, Metro Council
Jules Smith, Metro Council Representative
Ceil Strauss, MnDNR
DEPARTMENT OF THE ARMY
I ST. PAUL DISTRICT. CORPS OF EHC OURS
\ 100 FIFTH STREET EAST
IMr
ST. PAUL. MESOTA 55101.1030
March 14, 1994
- REPLY TO
ATTENTION OF
Construction - Operations
Regulatory (94- 01975 -GAE)
Ms. Diane Desotelle
Water Resources Coordinator
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Dear Ms. Desotelle:
we are enclosing for your information correspondence we received as a
result of our predischarge notification that described the City's project
(Project 93 -6 -1, SWMP Yuma Drive /Canterbury Circle).
It is our policy to give you the opportunity to give us your proposed
resolution or rebuttal of these comments. You need not make any response.
However, any response should be sent to this office so that potential
resolutions or rebuttals can be considered in our final evaluation. If we
receive no response within ten (10) days of the date of this letter, we will
presume that no response is intended.
In the interim, we will continue to process your application. If you
have any questions, please call Gary Elftmann of this office at (612)
290 -5355.
Sincerely,
Ben Wopat
Chief, Regulatory Branch
Enclosure
(MPCA Ltr.)
RL-
MAR 1
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Minnesota Pollution Control Agency
•�•• •• »; • •• �.•.r f.!- .T:tTlT.T..•�t •:: -� : .. .t � -c ;l.t'.:t •t.: J i.f�.lf..LT k..'f r. r.s - i.+. s•+v�r ..�.�� 4 ». ��...:.,
Date: March 11, 1994
Sent To:
Ben Vopat/Elftmann
Charles Orzehoskie
Lynn Lewis
Kent Lokkesmoe
Steve Colvin
FACSIMILE TRANSMISSION
Organization: tax Number:
U.S. Army Corps of Engineers (612) 290 -5330
U.S. E.P.A. (312) 886 -7804
U.S. F.V.S. (612) 725 - 3609
Division of Vaters, MDNR (612) 296 -0445
Ecological Services MDNR (612) 296 -1811
(All above Fax numbers coded -speed dial 817 from Fax machine 297 -8683)
RE: CENCS -CO -R 94- 01975- NV -GAE
Predischarge Notification
Nationwide Permit 33 CFA Part 330 Appendix A (B) (26)
City of Chanhassen - SVMP Yuma Drive /Canterbury Circle
Carver County �.• 1 -
Dear Mr. Vopat:
This Fax is submitted by the Minnesota Pollution Control Agency (MPCA) under
authority of Section 401 of the Clean Vater Act (33 USC 1251 et seq.) and Minn.
Stat. chs. 115 and 116 in response to your request for comments regarding the
above referenced Predischarge Notification. The referenced project involves a
proposal to excavate 1.15 acres of vetland for the purposes of creating a storm
water pond. Wetland compensatory mitigation is not proposed.
Ve offer the following comments regarding the predischarge notification:
520 Lafayette Rd. N.; St. Paul, MN SS13S -4194: (612) 296-6300 (voice): (612) 282.5332 (TTY)
Regional Offices: Duluth - Sralnerd - Detroit Lakes a Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper contalning at least 10% fibers from paper recycled by consumers.
1. The St. Paul District Corps.of Engineers and the MPCA have negotiated
regional conditions and 401 certification conditions to the nationwide
permits. The conditions agreed to by the Corps and the KPCA for nationwide
permit 26 include a maximum allowable impact of three acres for the permit.
1
The impact to wetlands described in this notification and attached
information exceeds this maximum. This project is only one of numerous
pond excavations proposed in the city's Surface Dater Management Plan
(SUMP) that will cummulatively impact such more than 3.0 acres of vetland.
This project should not be segmented out and piecemealed to qualify for a
nationwide permit if the entire proposal in the SVMP would require an
'
individual permit.
520 Lafayette Rd. N.; St. Paul, MN SS13S -4194: (612) 296-6300 (voice): (612) 282.5332 (TTY)
Regional Offices: Duluth - Sralnerd - Detroit Lakes a Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper contalning at least 10% fibers from paper recycled by consumers.
MAR 14 '94 07 :37AM MN POLLUTION CTRL AGCY/WATR -QL AL
P.2
FAX
March 11, 1994
Page 2
2. Replacement of lost vetland values is necessary to satisfy the federal and
state rules and policies of no -net loss of wetlands. However, the creation
of storm water management basins shall not be considered as vetland
enhancement or vetland compensatory mitigation. Any existing vetland s that
are altered by excavation or. other construction to function as storm water
retention basins should be counted as being adversely significantly
impacted and compensatory mitigation be required to offset that impact.
we recommend that the Corps of Engineers require an individual permit for this ,
project to avoid segmentation and in order that the issues can be addressed
through the individual permit process. It appears that this proposal does not
qualify for the nationwide permit and does not have state 401 certification.
Either the project should be redesigned to qualify under the nationwide permit
and the individual activity- specific conditions or the Corps of Engineers should
require the proposer apply for an individual permit and a subsequent individual
401 certification on that individual 404 permit action.
If you have any questions on this, please call Lawrence S. Zdon at
(612) 297 -8219.
Sincerely,
4. 1 �
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Duane L. Anderson, Manager
Assessment and Planning Section
water Quality Division
Fax number (612) 297 -8683
DLA /LZ:mbo
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SOUTHWEST CORRIDOR TRANSPORTATION COALITION
470 Pillsbury Center
Minneapolis, MN 55402
( 612 ) 337 -9300 C" ►
March 17, 1994
Congressman Jim Ramstad
322 Cannon House Office Bldg.
Washington, DC 20515 -2303
RE: Highway 212
Our File LN400 -51
Dear Congressman Ramstad:
Thank you very much for appearing before the House Public
Works Subcommittee on Surface Transportation on March 10, 1994 to
speak in favor of increased funding for the Highway 212 project.
I and other members of the Southwest Corridor Transportation
Coalition greatly appreciate your continued effort on behalf of the
Coalition and the project.
RJL:dh
cc: Board Members
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Robert J. Li all
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PARTNERSHIP MINNESOTA 6 E -
Cooperative Public Service Award
Application - 1994
School District #112 ,
Organization submitting application on behalf of all partners:
Identify contact person who is knowledgeable about partnership:
Name David Clough Ph.D. Supt. Phone 368 -3601 1
Participating Partners:
(List name, address and phone number of ea(
School District 112
Carver County -
City of Chanhassen
City of Chaska -
City of Victoria -
.h partner.)
110600 Village Road, Chaska, MN 55318 368 -3601
600 4th St. East, Chaska, MN 55318 361 -1500
690 Coulter Drive, Chanhassen, MN 55317 937 -1900
1 City Hall Plaza, Chaska, MN 55318 448 -2851
7951 Rose, Victroia, MN 55386 443 -2363
TITLE OF PARTNERSHIP: rOMMTTNTTV T.VAnV.Rl; GROUP
Starting Date: February 19, 1991
SUMMARY DESCRIPTION OF PARTNERSHIP: For publicity and recognkion purposes, use this space to surnmar¢e your partnership using no more than 30 words
The Community Leaders Group encour collaboration among governmental
units in Eastern Carver County. The cities of Chanhassen, Chaska, and Victoria,i
Carver County and School Dist.112 plan and problem solve together for the benefit/
of citizens.
APPLICATION FORM:
Within the limits of the space on the back of this page, describe the results of the partnership (including those that are
measurable), who benefitted, and what was done to bring the partners together.
SUBMIT APPLICATION TO
Roger C. Olson
Department of Housing and Urban Development
220 S. 2nd St.
Minneapolis, MN 55401
Applications must be received by March 14,1994
Questions May be addressed to:
Steven Peterson, (612) 643 -3626
Patricia Dunlop, (612) 296 -6553
John Meissen, (612) 872 -2587
All applications will be acknowledged.
r
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PARTNERSHIP MINNESOTA
Cooperative Public Service Award 1994
Partnership Description
The Community Leaders Group - Governmental Units of Eastern Carver County
In many communities, ressures stemming from r p opulation r
p g p g rowth frequently
collide with the need to be fiscally responsible with taxpayers' money. Three years ago,
Independent School District 112, Carver County, and the cities of Chanhassen, Chaska and
Victoria recognized that cooperation and joint planning were the keys to preventing such a
collision for taxpayers in eastern Carver County. Each taxing jurisdiction was facing capital
projects and other service needs which impact their common taxpayers. As a means to
coordinate and effectively plan for these challenges, a Community Leaders Group formed. It
consists of the mayors of each community, the chairs of the county board and school board,
and the city managers, county administrator and superintendent of schools. The
Community Leaders Group meets approximately every other month and is charged with
developing strategies for coordinating joint actions. It is a vehicle to share information,
avoid service duplication, and maximize benefit to citizens. Since forming, the group has.
completed these joint efforts during the past two years:
♦ joint 10 -Year Property Tax Forecast - A 10 -year property tax forecast was prepared based
on each of the jurisdictions' operating and capital budgets and long range plans. By pooling
our long range plans, leaders could easily identify years in which more than one of the
jurisdictions planned a significant tax increase. Through this shared information, each
jurisdiction could modify its timing or re- structure its debt to ensure that taxpayers would
not experience a sharp spike in property taxes during any given year. The information was
shared with citizens through the news media. The forecast was updated this year and will
be updated again each year. Being able to point to the forecast was a key piece of
information used by the school district to pass a $46.5 million bond referendum in March,
1993.
1
1
♦ Tax Increment Financing Redistributed - A significant percentage of the area's total tax
base is within tax increment districts in Chaska and Chanhassen. Work on the property tax
forecast encouraged both cities to execute agreements with School District 112 to release the
new tax increment revenues generated from the passage of the school bond referendum.
Turning the money back to the school system effectively lowered the overall cost of the
bond issue to taxpayers.
♦ New School Site Cooperation - The selection and acquisition of sites for two new
schools offered another opportunity for cooperation among members of the Community
Leaders Group. The cities of Chaska and Chanhassen took the lead in acquiring sites within
their communities for the new facilities with the understanding that the sites would be
resold to the school district at cost.
♦ joint Contruction of Roadways - Carver County and the cities of Chaska, Chanhassen
and Victoria tackled one of the major infrastructure needs of the area by developing an
eastern Carver County transportation plan. Each entity will contribute funds over the next
four years to jointly construct over $15,000,000 of priority county roadway improvements.
APPLICATION MUST BE RECEIVED BY MARCH 14, 1994
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1
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Ms. Lynne Kolze
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155 -4194
Dear Lynne,
I am writing to inform you that I have accepted the position of Community Development
Director for the City of Auburn, Washington and will shortly be leaving Chanhassen. As such,
I will no longer be available to serve on the Minnesota River Citizens Committee. In my place
I am asking that you consider two choices. One is Rich Brasch with the City of Eagan. The
other is Diane Desotelle who is Chanhassen's Water Resources Coordinator. Both are highly
knowledgeable and dedicated to water quality issues and the Minnesota River Basin. Both are
also very familiar with metro -area local government and are leaders in developing programs
designed to protect and improve water quality. Either will serve you well.
I also wanted to thank you for the opportunity to work with you and the rest of the committee.
The experience has been a rewarding one for me and your work holds great promise. I wish you
all well on completing the project and undertaking the work that will be required. I am certain
that the City of Chanhassen will continue to be a supporter.
Sincerely,
Paul Krauss, AICP
Director of Planning
pc: Mayor and City Council
Diane Desotelle
Rich Brasch
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March 21, 1994
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1
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Mr. Dave Warzala
Barton- Aschman Associates, Inc.
111 3rd Avenue South
Minneapolis, MN 55401
Re: Application for Federal Surface Transportation Program (STP) Funds for
Trunk Highway 5 /Audubon Road Intersection Safety Control Improvements
Project No. 90 -17B
Dear Dave:
At their regular meeting on Monday, March 14, 1994 the City Council authorized Barton -
Aschman to prepare an application for Federal Surface Transportation Program (STP) funds for
the Trunk Highway 5 /Audubon Road intersection traffic control safety improvements, Project No.
90 -17B. This Council approval is made with the condition that costs for the application process
not exceed $5,000. If you become aware that this application process and/or any necessary
follow -up work may exceed this maximum amount, please let me know so that the City Council
can be notified accordingly. If you have any questions or need assistance, please feel free to
contact me.
Sincerely,
CITY OF CHANHASSEN
Charles D. Folch, P.E.
Director of Public Works /City Engineer
CDF:ktm
c: Don Ashworth, City Manager
City Council Administrative Packet (3/28/94)
8AvW\char1esUeaen\w&rra6.e
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March 15, 1994
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March 15, 1994
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Cliff Aichinger, President
Urban Wetlands Management Coalition
2469 University Ave.
St. Paul, MN 55114
Dear Cliff,
As you have heard, I am leaving Minnesota to accept a position as the Community Development
Director for the City of Auburn, Washington. I have enjoyed my association with you and the
Coalition and expect that Chanhassen will continue to be an active participant. Most of you have
■ already met Diane Desotelle, Chanhassen's Water Resources Coordinator. I am recommending
that she be allowed to serve on the Board in my place. Diane has an excellent technical
background and has become familiar with Chanhassen's program and local government issues.
If this is acceptable to you and the balance of the Board, I would ask that you direct all
correspondence to her in the future. You should also be aware that Diane is going to be out on
maternity leave for approximately two months starting almost immediately. If need be, you can
get in contact with her by calling Chanhassen and speaking to the Engineering Department
secretaries.
I I wish you all the best of luck.
I G � Sincerely,
�(c kl,; I
Paul Krauss, AICP
Director of Planning
cc: Mayor and City Council
Diane Desotelle
■ Kate Aanenson
03.141193 16:48 F_4-K 612 339 2116 CAGRR LkW OFFICE 002
March 14, 1994
VIA FACSIlIME AND
TI MD STA
Mr. Roger N. Knutson
Attorney at Law
Bgandale Office Center, Suite 317
1380 Corporate Center Curve
Eagan, N N 55121
RE: James and Mary Ellen Jessup Property ■
9247 Lake Riley Boulevard
Dear Mr. Knutson:
This letter is in response to the recent actions taken by the City of Chanhassen relative
to the above property. The "Variance Extens1on agreement recently proposed by the
City
offered the Jessups nothing since it required them to complete a great
construction activity during a period of time when it would be impossible May
load limits being placed on the local roadways from approximately Mar ch 15 through M
15, 1994.
Due to the Jessups being unable to meet the unrealistic conditions of this proposed
agreement and wishing to alleviate an eyesore fo re�in ft exc at great expense.
Jessups have decided to and have now completely
Once weather and road restrictions permit, they intend to grade the mounded material on site
from the October through December excavation and to seed the site as well. Also, they
intend to reestablish the erosion control fences required by the existing building permit.
.. —, i — nmftfied by the Mimle m Stale Bar ASBOOJad= r
P.A.
COUREY, ALBERS, G IL BERT & RUZ
A VIROFEMNAL ASSOCIATION
ATTORNEY A.T LAW
'
Surm 1117,100 WASMOTON SQ
11DINEAPOLIS. 1UKN2SOT SS401
TUXWg6 (612) 339 - ot41
FAX (612) 339 -2116
OF CDUNSII.
DAVID ;Cox
SAM T. COMFY
LANCE W. RUZY
THOMAS 0. ALREM tt
j
SA?IDRA F. QHj=T t
OEOROE R KODAD� (19
JON K HAMK ERG
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AODERT P. 9CfiWW (1915.199
JOW e. WAIDRON
MA]t}C 1. VJENO, P.A.
W,10 ADTrDrnD TO PRAC= I+1
JOHN D. KOSANDA
COLLEEN A. y{�,S.PEAX9ON
1 �N=R�(A WJeCONm, IOWA
tWnMNMN
PAUL A. ZDBAM
March 14, 1994
VIA FACSIlIME AND
TI MD STA
Mr. Roger N. Knutson
Attorney at Law
Bgandale Office Center, Suite 317
1380 Corporate Center Curve
Eagan, N N 55121
RE: James and Mary Ellen Jessup Property ■
9247 Lake Riley Boulevard
Dear Mr. Knutson:
This letter is in response to the recent actions taken by the City of Chanhassen relative
to the above property. The "Variance Extens1on agreement recently proposed by the
City
offered the Jessups nothing since it required them to complete a great
construction activity during a period of time when it would be impossible May
load limits being placed on the local roadways from approximately Mar ch 15 through M
15, 1994.
Due to the Jessups being unable to meet the unrealistic conditions of this proposed
agreement and wishing to alleviate an eyesore fo re�in ft exc at great expense.
Jessups have decided to and have now completely
Once weather and road restrictions permit, they intend to grade the mounded material on site
from the October through December excavation and to seed the site as well. Also, they
intend to reestablish the erosion control fences required by the existing building permit.
.. —, i — nmftfied by the Mimle m Stale Bar ASBOOJad= r
03 16:49 FAX 612 339 2116
Mr. Roger N. Knutson
RE: James and Mary Ellen Jessup
1
F,
CAG&R LAW OFFICE
March 14, 1994
Page 2
In consideration of relieving the City and the neighborhood of further aggravation
relative to this project, the Jessups only request that the building perrnit fees they have
already paid be applied to any future building permit request.
JBWItt
Enclosure
cc: James and Mary Ellen Jessup
City of Chanhassen
Very truly yours,
PY, ALBER5, GILB T & RILEY, P.A.
B. Waldron
Z003
CITY OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1994 Summer Newsletter
Production Schedule
April 14
April 19
April 26
April 29
May 5
May 9
May 18
June 13
Items to Karen for word processing
All newsletter items to typesetter
First set of proofs to City Hall
First proofs back to typesetter
Second set of proofs to City Hall for final
corrections
Newsletter to printer
Summer newsletter mailed
Summer programs begin
TMeStftl
February 29, 1994
Mr. Todd Hoffman
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
a . .
St. Paul Fire and Marine
Insurance Company
Upper Midwest Service Center
3600 W 800 St., Ste. 400
Bloomington, MN 55431 -1080
Telephone 612.893.5100
Facsimile 612.893.5983
Claims Facsimile 612.893.5980
612.893.5918
Dear Mr. Hoffman:
This letter is a follow -up to our meeting on February 28, 1994. Both Greg
Langan and I appreciate you and Dale taking time from your schedules to
meet with us.
The purpose of our visit was to offer loss control services for the Parks
and Recreations Department. As discussed during the meeting, a seasonal
employee training program covering playground equipment, defensive
driving, ball field maintenance, and turf maintenance equipment can be
easily developed. This training would be very beneficial to the seasonal
employees you add during the summer. I will be getting to you videos on
the topics for your preview. This way you can see if they will meet your
needs. We have tentatively scheduled mid -June for the training program.
Thank you again for your time and consideration. We are impressed by
the Parks and Recreation Department's proactive approach to loss control.
I believe that a seasonal employee training seminar will fit nicely with your
other activities. I will be contacting you shortly when I have all the
videotapes available for you. In the meantime, please call me at 893 -5904
if you have any questions.
Member,
Sincerely,
of
The St. Yard C:omp.,nl,
St. Paul Flrr.md M,rmc
�,.
L
In<urance Compar.\
s ` » '
a
Kevin Oak
In:uran
c Co mp
Compa
St. a Gua
Loss Control Representative
Com �
The St. Paul
Insurance Con,rJnc
The St. Pat?]
cc: Todd Gerhardt, City of Chanhassen
L f11111 ie Comp. »,\
o f ]llnv:i•
Dolliff, Inc.
.a d J11 l � r ''` t ` a
and Ca.u.at\
Jeff Erager, St. Paul Companies
Pi F
Greg Langan, St. Paul Companies
S[. li d
S t . lr\ , Il,at (.,1 �1:.d:\
Insurance C,mpa »
LCS File
St.
Insurance Comp.m}
Co all
St. Paul Inaur.mc:
Comran\ o
North Dakota
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Jerry Ruegemer, Recreation Supervisor
DATE: March 11, 1994
SUBJ: Market Square Construction Trailer
Recently the Chanhassen City Council made a request to have the construction trailer moved
from the Market Square outlot. Initial thoughts indicated that the Chanhassen Lions were
responsible for removing the trailer since they used it for their annual Christmas tree sale in
December. In a phone conversation with the Lion's President, Gary Boyle, he stated that they
were allowed to use the trailer for the tree sale free of charge. Lotus Realty brought in the trailer
in anticipation of finalizing development plans for that site. Since the trailer was there and
sitting empty, the Lions were given permission to utilize the trailer.
In speaking with Lotus Realty on March 10, the impression I received was that since they were
waiting for a final decision from the city on the development of the property, the construction
trailer was going to remain on the property for the duration.
If you have any questions, please stop by my office.
PC: Mayor and City Council
Todd Hoffman, Park and Recreation Director
r
1
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1
F1
11
1
i
i
THE �/ ��f BAG
I y
�
�
Cl
f s. Recipes in
this issue, Dales otherwise
indicued, have been
co
economists. We bope you v+ill visit us ohm
r
GENERAL OFFICES
7171 France Ave. S., Edina, Minnesota
1
C
1
BLOOMING M: 401 seat 99th SL
1
sYERLYS SCHOOL OF
1
2524112 Zip 56301
1
1
1
THE �/ ��f BAG
I y
't
1
Cl
f s. Recipes in
this issue, Dales otherwise
indicued, have been
co
economists. We bope you v+ill visit us ohm
r
GENERAL OFFICES
7171 France Ave. S., Edina, Minnesota
1
C
1
BLOOMING M: 401 seat 99th SL
1
sYERLYS SCHOOL OF
1
2524112 Zip 56301
GROUNDBREAKING FOR
BYERLY'S CHANHASSEN
BY TOM HARBERTS
I am extremely pleased to announce
the groundbreaking for Byerly's
newest store in Chanhassen. Con-
struction will commence in March
with an opening slated for the fall
of 1994.
The 64,000 sq. ft store will be locat-
ed at the intersection of Highway
5 and Route 17 at the west end of
Downtown Chanhassen. This con-
venient location will serve shoppers
in Shorewood. Excelsior, Minneton-
ka, Eden Prairie, Chaska, Chanhassen
and surrounding western suburbs.
For some time, we have been keep-
ing an eye on the rapid growth and
development in the western suburbs
of the Twin Cities and the entire
Chanhassen area. We've had scores
of customers over the past several
years urging us to build a Byerly's
supermarket in the area. In response,
we took a serious look at several
possible locations and selected the
Chanhassen site, which we consider
a vital part of a growing, regional
retail hub with great regional ac-
cessibility.
Byerly's will anchor a new shopping
center that will be home to many
service and retail shops. A new
Target store opened last fall direct-
ly across from our site.
Byerly's will offer all the special
services, unprecedented food selec-
tion and innovations in customer
assistance for which we are widely
known and respected. A specially
designed and expanded deli will
bring all of the hot and cold Byerly's
Deli selections, including hundreds
of meats and cheeses from around
the world, our own signature pies,
Leeann Chin Chinese Cuisine, and
countless salads to customers in
this area.
Byerly's Wines and Spirits Shop, with
a complete selection of imported
and domestic liquor, wine and beer,
is another part of the one -stop
shopping experience at Byerly's
Chanhassen. Our popular Salad Bar,
Party Line Catering, Flowers by
Bachman's, automated banking,
Visa/MasterCard, postal service, and
all the rest will, of course, be avail-
able at the Chanhassen store. We
are also planning a much larger
Espresso Bar, where customers can
sit, relax and savor a cappuccino
or lane.
Diners in the 180 -seat restaurant can
order from our award winning menu
of delicious foods and desserts in
the comfort of a spacious, airy
atmosphere. The exterior and en-
trance of the Chanhassen store will
also feature an attractive new design
with intricate brick work and detailed
arches.
I want to thank all of you who have
encouraged us to open a new
Byerly's in your community. We ap-
preciate your loyal support, calls and
letters. All of this will become a real-
ity when the Chanhassen store opens.
I would also like to update you on
the expansion and remodeling of
Byerly's St. Cloud. The remodel is
going as planned and the store re-
mains open to serve you. Most im-
portantly, we thank you for your
patience during this period. You
are all invited to the grand opening
of the remodeled store next month.
Watch this newsletter for specific
dates and activities planned for the
rededication of Byerly's St. Cloud.
GCOlWASM 01yerH11 111C. 111%. AB Rights Reserved
THE �/ ��f BAG
I y
�i A l? r q
� 19.
The Byedy Bag is published
monthly for the cuuomM
f s. Recipes in
this issue, Dales otherwise
indicued, have been
tpme
economists. We bope you v+ill visit us ohm
GENERAL OFFICES
7171 France Ave. S., Edina, Minnesota
55435
Byerlys stores are locoed
in:
BLOOMING M: 401 seat 99th SL
Sr. GAUD: 2510 Vies Division SL
sYERLYS SCHOOL OF
asl•6294 Zip 55420
2524112 Zip 56301
GJUNARY ARTS
General Manger: Leo Friesen
General Munger: Will Baldce
3777 Park center Bhd.
Hone Fa Leah& ing"
SL ILOM PARK 3777 Park Genter Blvd
9293492
WJRNSVnU: 401 Eau County Rd 42
9293100 Zip 55416
Munger: Mary Evans
6923600 Zip 55306
General Manger: Steve lark
RYERLLYS ST. LOUIS PARK GAUM
General Munger: Butch Johnon
Han Eco m ; Shan Jduaw
3777 FWk center Bhd
Hionne Economist: Canal F+dm
!R PAIR: 1959 Strhubst Ave.
9293491
: eeterb Nelson
EDMNA: 7171 Frame Ave. S.
7356340 Zip 55119
8313601 Zip 55435
General Manager: An Miller
RYEREYS CM41OLM PHOTO
General Manager: Jeff Maurer
Home Eco mia: Linda Day Anclersoo
3777 Park center Blvd
Home Econocno: Lois Kemp
RYMYS WINES t SPOtrIS
9294415
fi r: Brad I,=
GOLDEN VALLEY: 5725 Duluth St.
Bloaningtan: 991-7367
54441946 Zip 55422
509 sts 99th SL
LIYF7LLYS PHARMACY
General Manager: Tom Stnrvageau
Golden Valley: 544-BM
PA Center Blvd
Ec 3777
Ho ne a ornw: 7�1' Giotkcr
5719 Duluth St.
9292315
RIDGEDM1E: 13081 Ridgedsle Dr.
R4dgedsle: 541.1412
: Tut Vlo
541-1414 Zip 55305
13081 Rm*dale Dr..
QJSTAP5ON PUBLIC REL4310M
General Manager: Disk Clark
Editor: Nancy L Gustafson
Has Econonw: MertRln •Ltadner
SL Ioub Park: 9292223
SHE GRAPHICS. DD.
K)SEVUU 1 Garrity Road c
3777 Park Cam Blvd.
�, :
6336949 55113
in riomcnom
Gerteral Martager: Mdw 7laelke
Pratoeapher: Jut Dn!hu
Horne Economist: Beat' Pierre
GCOlWASM 01yerH11 111C. 111%. AB Rights Reserved
CHANHASSEN
H.R.A. A
C C O U N T S P A
Y A B L E 03 -28 -94 PAGE 1
CHECK #
A M O U N T
C L A I M A N T
P U R
P O S E
054585
17.06
DONALD ASHWORTH
TRAVEL
& TRAINING
054586
530.86
BRW, INC.
FEES,
SERVICE
054587
43.00
TODD GERHARDT
TRAVEL
& TRAINING
054588
3,869.95
HOISINGTON KOEGLER
GROUP FEES,
SERVICE
054589
322.56
J E A ARCHITECTS
FEES,
SERVICE
054590
4,367.04
MCCOMB GROUP, LTD
FEES,
SERVICE
6
9,150.47
CHECKS WRITTEN
WOMEN Mm mmm MEN wo Ems
f
f
7�
1
1
Competitive bidding
hauls down garbage
trucking cost, study says
By Steve Brandt
Staff Writer
Tim Schmolke of Stillwater and his
family of nine do their best to reduce
their trash. They compost food left-
overs, shred their Christmas tree, re-
cycle everything their hauler collects
and buy in bulk at the local co-op,
reusing containers.
Their throwaways after all this effort
usually don't even fill one 3 0n
trash can. But they still pay S 1 .75 a
month to have it hauled away.
They could cut their disposal costs
still further, but they'd have to move
to nearby Bayport to do it. Residents
there pay S 10.31 a month for dispos-
al of the contents of a similar -size
1
'rash Continued from page ID
a close analysis finds service differ-
ences fail to fully account for the
price gap.
A survey of Ramsey and Washington
cpunties by the attorney general finds
wide differences in pricing among
communities that limit who may
haul their garbage. Those taking
competitive proposals or bids pay
considerably less than those who
continue to negotiate prices with the
same hauler. Though the survey was
limited to those counties, the price
differences likely occur throughout
the Twin Cities, and the attorney
general's office has proposed legisla-
tion to require competitive pricing.
The issue is taking on more impor-
tance in the Twin Cities area as more
communities limit who may haul
their garbage. About 42 percent of
tlfe region's population is served by
these organized collection schemes;
the rest allow residents to contract
for their own hauling.
Many haulers prefer open hauling,
and many residents like the fivedom
to choose their own hauler. But with
an open system comes the problem
that garbage trucks crisscross the city
serving those customers. City offi-
cial• dislike the extra w- ar on their
an.
Aa�ording to the Minnesota attorney*
general's office, the best explanation
for the difference in rates can be:
summed up in one word. competi
tion. Bayport seeks competitive pro-
,
posals for hauling t �he� aty's garbage;
Stillwater doesn't. Indeed, Stillwater
has used the same hauler for 26 years
and is tied contractually to that haul-
er for the next 1 l years.
Schmolke, who heads his city's advi-
sory commission on solid waste, and
Stillwater officials think the differ-
ence in prices reflects differing ser-
vice levels the two cities provide. But
Trasb continued on page 3B
streets, as well as having the traffic,
noise and unsightliness of garbage
cans on the curb stretched across
several days each week. State law
allows cities to organize, so there's
either one hauler serving the entire
city or several haulers, each serving
only a specified zone.
The economic efficiency of serving
customers packed close together ap-
pears to be even greater than the
g m competition of open systems.
One regional survey conducted by a
consultant for the Metropolitan
Council found that prices were 12.7
percent lower in communities with
organized hauling than those with
open competition.
Since 1985, at least 25 cities have
studied organizing their garbage col-
lection, according to a report for
Chanhassen, which is doing the
same. Ten cities placed restrictions
on who could haul, with five creating
zones and five going to a single haul-
er. Ten others at least limited haulin
to certain days in certain zones. Five
didn't change.
"There is honestly no reason in my
mind when you have a single con-
tractor why you wouldn't to throu;h
a competitive bid process," said
Dean Johnson, a solid waste consul-
tant assisting Chanhassen.
But Stillwater uses the least competi-
tive type of organized hauling. Prices
with hauler Junker Sanitation are ne-
gotiated after the city checks with
other cities to see what they pay.
Although the attorney general's office
has criticized this practice, the city
asserts that it has produced competi-
tive prices.
Chad Junker, Junket's general man-
ager, is the third generation of his
family to haul in Stillwater. His dis-
misses the attorney general's push for
competition. "A few of us around
here think it's a personal vendetta.
... Nobody complains about the
OWL"
Even Junket's critics praise the ser-
vice that Junker gives, but some are
upset by the lack of competition for
its city contract and the oontract's 12-
year length. "The fact that it did not
on bid out is really a disservice to the
Kcal taxpayers," said resident Rich-
ard Shvik.
Instead, the city surveyed other com-
munities. Some reported higher haul-
ing charges than Stillwater, while oth-
as ere lower. When some city solid
Traj � Continued
waste commission members pressed
for an examination of Junker's
books, then -Mayor Wallace Abra-
hamson went to look at them. But
Abrahamson, the city's former police
chief and now a county commission-
er, acknowledges that be's no accoun-
tant. "I didn't really understand all
the book work. I wasn't there all that
long," he said.
Many residents spoke in favor of the
proposed contract with Junker at the
1992 hearing. " Junker stacked that
hearing," said Jack Evert, a waste
commission member. "I argued as
forcefully as I could that it should go
out on performance-based bids."
But other residents and council
members argued that the city should
skip competition and stay with Dunk-
er because it is a local business. In-
deed, owner Jack Junker pointed out
during the hearing that he helped
finance local sports teams. Others
said they feared that open competi-
tion would ultimately cause a few big
haulers to drive little haulers out of
business.
However, the report to the Metropol-
itan Council found 588 haulers li-
censed in the seven - county area;
even after eliminating cases where a
hauler is licensed under multiple
business names, the Independent
Waste Haulers of Minnesota esti-
mates there are at least 200 haulers.
Meanwhile, down Hwy. 95 in Bay-
port, garbage pricing was taking a
different path. The city had used sev-
eral haulers, including Junker. The
city canceled its contract with Junker
in 1989 after the hauler disclosed it
was taking garbage to a Wisconsin
incinerator rather than a Ramsey -
Washington waste - processing facility
in Newport. When Junker claimed
breach of contract in court, the city
counterclaimed fraud by Junker. The
city argued that the hauler had based
a request for an increase in its rate on
a rate increase at the Newport facility
and had overstated the tonnage it
charged the city.
But a jury awarded Junker $174,000.
Junker offered to forgive $100,000 if
the city would sign a six -year con-
tract with him, but City Administra-
tor Kenneth Hartung last summer
urged the council to seek competitive
proposals. The six responses all beat
Junker's price, in part because Junker
wanted to supply trash containers for
more mechanized service. The city
selected national hauler Browning
Ferris Industries (BFI), whose 30-
pllon rate was half that quoted by
Junker.
Bayport and Stillwater offer a case
study for the difference competition
can make. Stillwater is hilly, but its
people are packed more tightly per
square mile, a factor increasing haul -
er efficiency. The difference in
monthly rates ranges from $3.61 for
the smallest container to $4.86 for
the biggest. Junker supplies contain
en to customers in Stillwater, while
Bayport gives residents the option of
supplying their own or paying $1.50
ors 1.75 extra per month for one.
Junkees price includes such items as
yard waste, bulky items such as sofas
and appliances. BFI charges extra for
these, but a city analysis found
dents paid an aveiage of only 40.
ants per month per household its .
such charges. BFI's Bayport rate in-
cludes the state's 6.5 percent sales tax,
while Junker's Stillwater price
doesn't. BFI's price also includes the
cost of collecting I 1 recyclable items,
while Stillwater pays Junker an extra
$1.92 per household per month to
do this. BFI handles the billing in
Bayport while the city administers
this task for Junker.
11
fl
1
j to turn silver threads into
volunteer gold
A Wanes Wore
ffwriter,
Sees Frasclsee, Calla
Former St. Paul Mayor Jim Scheibel
announced plans Sunda to form a
( national Senior Corps, similar to the
Peace Corps or.VISTA, in which old -
Americans would volunteer one or
two years of full -time community
rvice.
�In exchange, volunteers might re-
l oeive a small stipend or educational
,grant that they could use themselves
.
for perhaps transfer to their children
active in both of those programs.
Senior Corps for community service could' help w1w nation's problems
or grandchildren.
"The day is long gone when we
should be thinking about older peo-
ple only as problems," Scheibel said
at the annual conference of the
-American Society on Aging. "Older
people represent a tremendous
amount of experience and ability that
we need to help solve the nation's
problems."
Scheibel is three months into his new
"One of our best -kept 'secrets ... b
the amount of work older people
already volunteer to make this a bet ;
ter place to live," Scheibel said. "It's �
a false notion that most older people
are too frail to help or figure they've
already done their part."
Scheibel, who decided not to seek
reelection as mayor, said he got the
idea for the Senior Corps in January,
while talking to older part-time vol-
Sealer Corp continued on page 2B
job in Washington, D.C., as director
of ACTION, the Commission on Na-
tional and Community Service,
which oversees a number of volun-
teer efforts, including VISTA (Volun
teens in Service to America) and pro-
grams for part -time senior volun-
teers.
"We have a lot of details to iron out
— just what incentives should we
use, what kinds of community -im-
provement projects would they do.
,nior Corps
unteers who wanted to do more.
"Soy many people are retiring early
these days when they're still vigor.
oft' But even much older people
often are more active and energetic
then the stereotype of old age.
"Police officers are one group that
tehd to retire earlier than 65. Think
what it could mean to the communi-
ty if than officer were able to spend
nut 1 hope we'll be able to start four
or five demonstration projects next
year and then start to expand," he
said.
The Senior Corps would join throe
other national programs that harness
the work of about 500,000 older peo-
ple who provided about 120 million
hours of volunteer work last year.
The largest is the Retired and Senior
Volunteer Program (RSVP), in which
wthind from Page III
time working with kids, for instance.
Some thing with nurses. or teachers,
or construction workers or home-
makers. They all have a lot of talent,
a lot of life experience, a lot of wis-
dom they can share."
For some low - income seniors, a sti-
pend would ease their financial pres-
sures. For others, educational grants
might allow them to attend college or
pass that grant to a relati%!a.
about 440,000 people 53 and older
help in schools, hospitals, nursing
homes and other sites. Twenty
RSVP programs in Minnesota cover
most of the state.::
About 23,000 older Am ericana are
involved in the Foster Grandparent
program and 13,000 are in the Senior
Companion program. In both, partic-
ipants receive stipends of about
$2.30 an hour to befriend children
and the frail elderly. Minnesotans are
"This is the kind of idea where every-
body benefits, everybody wins,"
Scheibel said. "Whether this becomes
a major volunteer program will de-
pend on whether older people are
willing to volunteer and Congress
will give us the money. I'm sure
about the volunteers, and I'm hope-
ful about Congress, because their
constituents like senior volunteer
Programs.,.
BARTON- ASCNMAN ASSOCIATES INC.
' 111 Third Avenue South, Suite 350. Minneapolis, Minnesota 55401 USA. (612) 332 -0421 . Fax: (612) 332 -6180
' March 25, 1994
J
l
E
MN 55317
Re: Arboretum Boulevard Environmental Assessment
Dear Mr. Ashworth:
The purpose of this letter is to bring you up to date on the current status of the
Arboretum Boulevard Environmental Assessment project and to request a.budget
supplement to complete this review process.
As we have discussed during the past few weeks, the draft Arboretum Boulevard
Environmental Assessment has been under review by City staff, the Planning
Commission, City Council, and state agencies during the past six months. Barton -
Aschman has been involved in coordinating agency reviews of impact issues and attending
meetings with City staff, the Planning Commission, and Mn/DOT to bring to resolution a
preferred alternative for the project and strategies for project funding options. These
activities have exhausted the budget supplement of $17,960, which we requested in
September 1993.
We anticipate that completion of the EA/FONSI process and the Section 4(f) /6(f)
evaluation will involve the following tasks:
1. Revision of the EA document to reflect changes in the discussion of the Preferred
tVternative based on City Council decisions and public input and preliminary
information regarding Section 4(f)/6(f) replacement parkland.
2. Attendance of three additional City Council meetings in the selection of a preferred
alternative for the project.
3. Obtain Mn/DOT and FHWA signatures for the EA document, reproduction of the
document, and preparation of public issuance of the EA.
4. Coordination and attendance at the Public Hearing for the EA document.
5. Respond to agency and public comment received during the Public Hearing and
review period; this may be extensive and some issues raised by the r F ) Z u Z bli
beyond the scope of environmental review of project impacts.
PED
IN PARSONS
Mr. Don Ashworth
'
City Manager
City of Chanhassen
690 Coulter Drive
'
P.O. Box 147
J
l
E
MN 55317
Re: Arboretum Boulevard Environmental Assessment
Dear Mr. Ashworth:
The purpose of this letter is to bring you up to date on the current status of the
Arboretum Boulevard Environmental Assessment project and to request a.budget
supplement to complete this review process.
As we have discussed during the past few weeks, the draft Arboretum Boulevard
Environmental Assessment has been under review by City staff, the Planning
Commission, City Council, and state agencies during the past six months. Barton -
Aschman has been involved in coordinating agency reviews of impact issues and attending
meetings with City staff, the Planning Commission, and Mn/DOT to bring to resolution a
preferred alternative for the project and strategies for project funding options. These
activities have exhausted the budget supplement of $17,960, which we requested in
September 1993.
We anticipate that completion of the EA/FONSI process and the Section 4(f) /6(f)
evaluation will involve the following tasks:
1. Revision of the EA document to reflect changes in the discussion of the Preferred
tVternative based on City Council decisions and public input and preliminary
information regarding Section 4(f)/6(f) replacement parkland.
2. Attendance of three additional City Council meetings in the selection of a preferred
alternative for the project.
3. Obtain Mn/DOT and FHWA signatures for the EA document, reproduction of the
document, and preparation of public issuance of the EA.
4. Coordination and attendance at the Public Hearing for the EA document.
5. Respond to agency and public comment received during the Public Hearing and
review period; this may be extensive and some issues raised by the r F ) Z u Z bli
beyond the scope of environmental review of project impacts.
PED
IN PARSONS
BARTON- ASCHMAN ASSOCIATES, INC.
' March 25, 1994
Page 2
' 6. Prepare Negative Declaration (for need of an EIS) and Finding of No Significant
Impact ( FONSI).
7. Continued coordination of information on the Section 4(f) /6(f) parkland impacts in
the EA document. This task requires continued federal and state agency
' coordination beyond the EA/FONSI process.
This process is underway and being coordinated by Barton- Aschman and the National
' Park Service, MnDNR, and Mn/DOT. The entire approval process (that is completed after
the EA process) typically extends 9 to 12 months and requires intermittent attention (e.g.,
responding to agency inquiry, accompanying agency personnel in field visits, etc.) during
' this time period. Because the level of effort needed during the 12 -month period is
unknown, we propose to respond to this task on a retainer basis and submit billings only
for specific hours devoted to completing the Section 4(f) /6(f) review process.
In view of the above, we are requesting that an additional $23,550 be authorized to
complete the EA and FONSI process. This amount is based upon the attached work
estimate sheet for the project.
The additional budget as requested is necessary in order to complete the tasks as outlined
in the attached estimate sheet and described in Items 1 through 6 listed above.
We would appreciate a letter from you confirming this extension. Should you need any
additional information or have any questions, please call me at 332 -0421.
Sincerely,
4 �e74"-
Deborah A. Porter
Senior Associate
DAP:dmv
1
cc: Kate Aanenson, City of Chanhassen
Community Development Director
BARTON- ASCHMAN ASSOCIATES, INC.
JOB ESTIMATE WORK SHEET
' Job Name Arboretum Blvd, Job Number Work Item EA/FONSI
Prepared By Deborah Porter Date 3/25/94 Sheet 1 of 1
u
Work Code
Number
Work Code -- Description and
Specific Work to be Performed
Person -Hours Required by
Professional Category
PA
SA
A
T
C
1.4.22
EA Documentation & Review
8
80
16
8
16
1.4.23
Public Hearing/Meetings
4
80
8
8
8
1.4.24
Negative Declaration
--
16
8
--
4
1.4.25
FONSI
4
20
8
--
4
Section 4(f) /6(f) Review Process
--
24
8
4
4
PERSON -HOUR TOTALS
16
220
48
20
36
JOB ESTIMATE SUMMARY
PERSON -HOUR SUMMARY TOTAL COST SUMMARY
1 6 hours @ $ 100 = $ 1,600
22 0 hours @ $ 75 = $ 16,500
4 8 hours @ $ 55 = $ 2,640
20 hours @ $ 50 = $ 1,000
36 hours @ $ 35 = $ 1.260
TOTAL =
Trips @$ _$
days expenses @ $_ _ $
Repro. & Printing Costs = $ 500
Misc. Travel, Fax, Supplies = $ 50
Person -Hours Costs = $ 23,000
Sub -Total = $
% Contingencies = $
TOTAL COST = $ 23,550
' 1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402 -3397
(612) 347-7000
FREDRIKSON & BYRON, P.A. FAX (612) 347 -7077
Attorneys At Law
I CABLE TELEVLSION CLIENT UPDATE
TO: Fredrikson & Byron Clients and Interested Persons
' FROM: Adrian E. Herbst: 612- 347 -7053
Corinna Vecsey: 612 -347 -1147
Mary Kay Robertson: 612 - 336 -4101
DATE: March 25, 1994
ANNOUNCEMENT
Since the mid- 1980's, I have been writing an update to clients and other interested
persons regarding current cable television issues. Most recently, many of you have received the
update while I was at the law firm of Moss & Barnett. You will note from the new letterhead
that I have moved to the firm of Fredrikson & Byron. Working with others in the
communications practice at Fredrikson & Byron, I will continue to provide you updated
information, ideas and suggestions to help you understand the continuing changes occurring in
the cable television and telecommunication industries.
Fredrikson & Byron is a full service law firm of 117 attorneys, with offices in
' Minneapolis and London. A telephone card is enclosed with my new phone number and the
names of other key contacts here. Please feel free to call me if you would like more information
or have any questions about this move.
This update is not intended to provide legal advice, but to give you practical information
and to provide a service to you. if you want to know more about any topic covered by this
update we would be most pleased to provide the additional information you desire.
' THE FCC'S FEBRUARY 22 ACTIONS ON RATE REGULATION
Last year, the FCC announced procedures for implementing new rate regulatory
' requirements under the 1992 Cable Act. Municipal officials and cable operators alike were
somewhat astounded by what appeared to be very complex procedures, but many municipalities
made the appropriate applications and began a process to examine the rates of cable companies
1 over which they had regulatory authority. Then, on February 22, 1994, the FCC determined
that another round of procedures and requirements would be implemented, including a process
by which the potential for benchmark rate reduction of up to an additional seven percent (7%)
over the ten percent (10 %) reduction that had been the goal in last year's procedures. These
new procedures and requirements announced by the FCC on February 22, 1994 are expected to
' be issued before the end of this month.
FREDRIKSON & BYRON, P.A. Page Two
Attorneys At Law March 25, 1994
Under the old rules, the rate regulation process entailed delays for small systems. The
' new rules are expected to set forth streamlined procedures that permit cable systems in smaller
communities to more easily comply with the rate regulation requirements. And unlike the prior
rules, it is believed that the new rules will clarify the regulatory options for
' municipalities embarking upon rate regulation, including clarification of the right to voluntarily
decertify and to delegate regulatory authority to a third party. The new rules are also expected
to strengthen municipalities' enforcement powers.
' The regulations about to be issued will also prescribe procedures for a cost of service
review. The Cable Act of 1992 granted cable operators the option to request a "benchmark
review" or a "cost of service" review of their rates, but the FCC has never issued procedures for
' conducting a cost of service review. The new rules are expected to address this open question.
We anticipate that the FCC will be conducting seminars and other forms of instructional
forums to aid both cable companies and municipalities to better understand the rules and the
procedures that are required. We will furnish information to you about the dates and places of
these instructional programs.
CURRENT FEDERAL LEGISLATION
Congress is currently considering a number of bills that will have long lasting impact on
the regulatory authority of municipalities. Some of the bills being considered by Congress
include:
' 1) HR3636 sponsored by Representative Edward Markey, Chairman of the
Telecommunications and Finance Subcommittee of Energy and Commerce and
Representative Jack Fields, ranking minority member of that Committee.
' This bill, which was acted upon by the subcommittee on March 1 and the full committee
during the week of March 14, will allow local telephone companies to provide video
programming directly to subscribers in their own telephone service area. The bill does not
require the telephone companies to obtain a franchise from the regulating municipality unless the
video programming distribution system is a separate and distinct system from the telephone
' operation. The bill contains no requirement for public, educational or governmental access
channels, and the telephone companies would not be required to pay a franchise fee for the use
of the right -of -way.
' 2) Senate 1822 sponsored by Senator Ernest F. Hollings Chairman of the Senate
Commerce, Science, and Transportation Committee, Senator John C. Danforth
' and Senator Daniel K. Inouye.
Much like the House bill HR3636, this Senate bill would permit telephone companies to
' compete against cable companies in their own service area, but will not subject the telephone
companies to the same franchise requirements or other regulations that currently govern cable
television companies.
' Recently, the National League of Cities met in Washington, D.C. and, like many other
groups representing municipalities, encouraged Congress to consider a number of important
' issues affecting municipalities including:
Page Three
' FREDRIKSON & BYRON, P.A. March 25, 1994
Attorneys At Law
1) The revenue implications for municipalities;
2) The privacy safeguards needed to protect local government information;
' 3) Ownership and monitoring the information superhighway.
' Other groups including The National Association of Telecommunications Officers and
Advisors ( NATOA) and the Alliance for Community Media have urged the retention of
community programming services and advocate for the ability of municipalities to require
' channel capacity, as well as other requirements for public, educational and governmental access.
NATOA has issued an action alert urging municipalities to write to their congressmen
and inform them of the positive nature of municipal involvement in the regulation of cable
' television, and in the future regulation of the so- called information superhighway. Unless
municipalities take the time to speak out, it is possible that local control over the use of the
-right-of-way may be changes, altered or even lost-
'I THE CLINTON ADMIMSTRATIONIS NATIONAL
INFORMATION INFRASTRUCTURE PROPOSAL
' Vice President Gore has outlined a national policy by the current Administration which
includes recommendations on the House and Senate bills described above, and which targets the
much discussed so- called information superhighway. The "National Information Infrastructure"
' as conceived by the Administration is a plan to assure access to the delivery of voice, video, and
data communication services to every house, business and institution in the country. The
policies outlined by Vice President Gore are intended to overcome barriers or restrictions to such
' access. Such potential barriers or restrictions include, the monopolistic character of the existing
Bell operating companies, problems associated with the delivery of service to all individuals,
i.e., a universal service policy, and overly burdensome regulations. Municipal groups need to
' convey to the Administration that the local role in the "National Information Infrastructure" is
positive, and that the local authorities are in the best position to encourage the development of
such channels of access and to ensure that community needs will be met.
' VIDEO DIALTONE
' There is also on the horizon significant announcements from the FCC concerning the
development by telephone companies of video dialtone services. Based on the 1992 FCC rules,
telephone companies can, on a common carrier basis, provide video services on their telephone
systems. Many telephone operators in large metropolitan areas have announced that they intend
' to move ahead on the development of such services. Is this a new type of competition for local
cable operators? What will the impact of this competition be? We will continue to update you
' on this subject as more information becomes available and developments occur.
SUMMARY OF NEXT UPDATE
' In our next issue, we will provide:
• an in -depth analysis of the new rate regulation rules, procedures and requirements;
• information on public, educational and governmental access, including a summary of the
' ideas being advanced and developed in municipalities across the country. Additional
subjects can be included in our update upon request. We welcome your comments and
suggestions. Please feel free to call or write us.
i