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Administrative SectionADMINISTRATIVE SECTION I Letter from Governor Carlson dated February 22, 1995. Letter to Roger Gustafson, Carver County Engineer dated February 23, 1995. Letter from Roger Gustafson, Carver County Engineer dated February 3, 1995. Letter to Dean Schmieg dated February 24, 1995. ' Memo from Bob Generous re: Housing Types dated March 6, 1995. Carver County HRA Agenda. ' Letter from Brian Grogan, Moss & Barnett re: Cable Communications Update dated March 1, 1995. ' Final copy of Resolution Establishing Procedures for Filling Commission Appointments dated February 27, 1995. Letter to Kit ty Sitter and Fran Hile dated March 6, 1995. ' Correspondence to and from Craig Edwards, National Weather Service. Note from Rod Grams dated January 28, 1995. Memo from Richard Wing dated March 3, 1995. ' Memo from Charles Folch dated March 1, 1995. ' Thank you note to Todd Gerhardt dated March 1, 1995. Status Report, Engineering Projects dated February 28, 1995. Letter from Municipal Legislative Commission dated February 20, 1995. ' Memo from Steve Kirchman dated March 4, 1995. Memo from Diane Desotelle re: SWMP Update dated March 7, 1995. Letter to Bruce Johnson dated March 8, 1995. STATE OF ZNIIXXESOTA OFFICE OF THE GOVERNOR SAIx - r PAUL 55155 612 - 296-3391 ARNE H. CARLSON Govsxxo$ February 22, 1995 The Honorable Don Chmiel City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 -0147 Dear Mayor Chmiel: I write to inform you that I will present my supplemental budget message next Tuesday, February 28, to explain why this revised budget is so necessary and important, and to ask for your help in putting Minnesota's fiscal house in order. A supplemental budget is required for three simple, overriding reasons. First, the U.S. Congress is moving dramatically to reshape the size and scope of the federal government, with large fiscal implications for Minnesota. Already, the House has passed the Balanced Budget Amendment to the U.S. Constitution and the Senate is expected to follow suit soon. Within weeks, federal lawmakers will present detailed budget packages, outlining cuts in federal aid to the states, including Minnesota. These cuts will not be timid. We anticipate reductions of several hundred million dollars per year. Simply put, a new day has arrived in Washington, D.C. and Minnesota must act now to meet the new challenge and to seize the new opportunity. Second, these federal cutbacks are coming on top of a structural problem in Minnesota's long -term budget, which alone threatens to create a $850 million gap between revenues and expenditures by the next biennium. As my Administration outlined in the January 1995 report "Within Our Means," this gap is created by several key cost drivers, including 1) more children and elderly 2) generous eligibility requirements for social services, long -term health 1 and nursing home care 3) expensive standards and mandates, particularly in education and corrections, 4) the high cost of public employee benefits, and 5) mounting infrastructure needs, especially for school repair and prison space. The daunting size of this structural gap and our challenge is summarized. well in the attached opinion piece by University of Minnesota professor John Brandl. An Equal Opportunity Employer S C ' February 22, 1995 Page Two of Three ' Third, despite the hopes and statements of many, the March forecast will not provide nearly enough revenue to spend our way out of this long -term ' financial hole. Further, I am unwilling to spend that money now. I will insist that any additional revenue in the March forecast be dedicated to helping us prepare for future federal reductions. ' Two options for dealing with these challenges are already off the table. First, the U.S. Congress is not going to reverse course and decide to return to ' business as usual. An ABC News / Washington Post poll over the weekend showed that three in four Americans support passage of the Balanced Budget Amendment. The cuts mentioned above are real and they are coming, as ' early as October of 1995. As I have said before, I will not sign any broad -based tax increase. The ' February 19 Star - Tribune carried a long article which noted that several senior DFL legislators may consider extending sales taxes or ending several tax exemptions to generate new revenue. This is not a viable option. The people ' of Minnesota clearly said in the last election that they will not accept a general tax increase and neither will I. ' With delay and tax increases off the table, we have only one option: to reduce spending. I know that is not the message some want to hear. But it is the reality and I ask your help in seizing this opportunity to restructure and reform ' our government, not only to make it more affordable, but to make it more effective as well. ' 1 FY 1996 -1997 budget spends fully $1 billion more than in the previous biennium. In 1990, Minnesota governments ranked sixth among the states in spending per resident. We rated fourth in per capita health and social services ' spending, eighth in public school spending, 11th in roads and highways, and 18th in higher education. Most Minnesotans would agree that we have not underfunded government, but we have underachieved on results. The days of ' open -ended funding requests are over. Further, if we refuse to act now, cuts in later years only get steeper, and more painful. ' We must think anew. We must rethink old assumptions. Specifically, rather than systematically asking for more money, let us ask ourselves how we can improve programs to make them more efficient, more responsive, more ' productive. How can administrative services be reformed? How can services among cities, counties, and school districts be shared? How can competition February 22, 1995 Page Three of Three and market incentives be introduced to lower costs and impru can cities, counties, and school districts cooperate to target re highest priority items? My administration is eager to hear your creative ideas, you. solutions. We believe you have many. For our part, I pron and our best effort. We want you as a partner, an investor, i } plans to ensure long -term financial security for Minnesota. r confident we can secure it. I look forward to your recommendations. Thank you again consideration. Warmest regards, ARNE H. CARLSON Governor CITY OF CHANHASSSH 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Mr. Roger Gustafson Carver County Public Works 600 East Fourth Street Chaska, MN 55318 Re: MnDOT Speed Study Evaluation of County Roads in Chanhassen Including Trunk Highway 101 and Kerber Boulevard - File No. PW -262E Dear Roger: I am sure you can imagine my sincere disappointment to hear that MnDOT is standing by their "85th percentile" speed criteria concerning the recently completed speed study analysis of Carver County Roads, Trunk Highway 101 and Kerber Boulevard in Chanhassen. The fact that the 85th percentile speed (speed at which 85% of the traffic is traveling at or slower) is exceeding the posted speed limit on many of these road segments in Chanhassen is no great surprise. In fact, the continuous complaints which city staff and Council receive on a monthly, and sometimes weekly, basis prompted Chanhassen's request to support the undertaking of this study. It was hoped that other criteria such as existing vertical and horizontal curve design, access and intersection spacing, sight lines and roadway hazard and obstruction clear zone issues would also be considered with some relevancy. I am also greatly concerned that, due to the significant growth being experienced in the city, this study will be obsolete, in terms of data, within just a few short years. Using Galpin Boulevard north of Trunk Highway as an example, there are currently three major subdivision proposals, one of which has received final plat approval, one of which has received preliminary plat approval and one that is currently in the process, which would add more than 300 additional units accessing Galpin Boulevard within the next one to three years. It is likely that additional subdivisions along this corridor will continue to be generated. This scenario is common along many of the County Road corridors in Chanhassen. Many County roads that currently appear to function satisfactorily in a rural -type classification will soon be evolving to characteristics more typical of an urbanized road facility. I am certain my statements bring no new news or information to you. However, if you become aware of any other approaches which can be taken with MnDOT to more appropriately balance the overall transportation system needs as well as the community citizenry needs regarding speed issues, rest assured you will have my undivided attention. Sincerely, CITY OF CHANHASSEN Charles D. Folch, P.E. Director of Public Works /City Engineer CDF:ktm c: City Council Administrative Packet (3/13/95) g: \eng\charles \letters \gusla(so.I ,4wml� 3/� FZ&PwZG� PUBLIC WORKS DEPARTMENT (612) 361 -1010 FAX (612) 361 -1025 CARVER COUNTY COUhTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA. MINNESOTA 55318 COUNTY O CAQVEQ To: Charles Folch, Chanhassen City Engineer Chanhassen City Hall 690 Coulter Drive Chanhassen, MN 55317 Bill Monk, Chaska City Engineer Chaska City Hall #1 City Hall Plaza Chaska, MN 55318 I remain concerned about the speed limits that will apparently be established by MnDOT for these county highways. I welcome your comments regarding this matter. Affirmative Action /Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10 ". Post Consumer Waste Ken Adolph, Victoria City Engineer Schoell & Madson, Inc. 10550 Wayzata Boulevard Minnetonka, MN 55343 From: Roger Gustafson, County Engineer Date: February 3, 1995 Subject: Posted Speed Limits Attachments: 1. Map A - Exsitng Speed Limits (MnDOT Speed Survey Data) 2. Map B - Proposed Speed Limits Comments: MnDOT completed the survey portion of a speed study of county highways in Victoria, Chanhassen and Chaska this past May. Attached Map A illustrates the roads surveyed and the 85th percentile speed results. The 85th percentile speed is considered by MnDOT to be a "voting" process by which the drivers voice their own speed limit preferences for a given highway corridor. As can be seen by the survey results, the 'voting" generally favored in -place or higher speed limits. It is my understanding that MnDOT is planning to finalize the authorization of speed limits on the listed corridors by the end of February. Further, it is my understanding that these authorizations will generally be consistent with the 85th percentile speeds. I remain concerned about the speed limits that will apparently be established by MnDOT for these county highways. I welcome your comments regarding this matter. Affirmative Action /Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10 ". Post Consumer Waste L I I C Mr. Dean Schmieg Park Foreman 15950 Heather Drive Carver, MN 55315 Dear Dean: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Thank you for taking the initiative to assume additional responsibility in the area of play equipment inspections and record keeping. From' our discussion of yesterday and in talking with Dale Gregory, Park Superintendent, I understand you are in the process of developing a realistic and thorough check list system. I compliment you on your efforts in ensuring that our playgrounds are maintained as safe environments -for recreation. Sincerely, Todd Hoffman, Pa I TH:ns ' cc: Mayor and City = Council . ,, .", , . , -.11'., Park and Recreation Commission Dale Gregory, Park Superintendent ' Personnel File u February 24, 1995 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: Bob Generous, Planner H DATE: March 6, 1995 SUBJ: Housing Types At the February 27, 1995 City Council meeting, there was some concern expressed by Council that the city was approving a disproportionate number of multi - family and single - family attached developments relative to the amount of single - family detached developments. Staff believes that this assumption is due to the fact that five prominent townhome or twinhome developments have come through the city for review in the last three years. Staff has assembled the attached housing information for Council's use. The city's policy, as expressed in the comprehensive plan, alternatives for Chanhassen residents: 66 percent large to density, and 6 percent high density residential. Based on developments, the city will not meet these targets without family projects. L is to provide an number of housing or low density, 28 percent medium ' xisting and proposed additional townhome and multi- C I HOUSING POLICY I Housing Availability Policy No. 8 of the Comprehensive Plan states, ' "The development of alternate types of housing will be considered to supplement conventional single family homes. Chanhassen is committed to providing housing alternatives (called "life cycle housing" in the Metropolitan Council's new Blueprint). The future land use plan is evidence of this commitment. Land designated for future single family units (1990 - 2000) will accommodate approximately 2,400 units. Land designated for alternative forms of housing will accommodate approximately 1,500 ' units. As future development occurs, it is anticipated that alternative forms of housing will increase as a component of Chanhassen's total housing stock." EXISTING CONDITIONS Currently, there are 218 twin home units within the city. Housing types are distributed as S follows: detached single - family homes, 4,475 units (81 %); twin homes, 218 units (4 %); townhouses, 309 units (5.6 %), and multifamily, 529 units (9.6 %). COMPREHENSIVE PLAN Year 2000 Housing Unit distribution projection based on the comprehensive plan. Percent Residential - Large Lot/Low Density 66 Residential - Medium Density 28 Residential - High Density 6 Estimated Housing Distribution based on approved and in process development and existing housing stock. Percent ' Residential - Large Lot/Low Density (detached) 77 Residential - Low Density (attached) 4 Residential - Medium Density 12 Residential - High Density 7 DEVELOPMENTS The following number of residential developments have received approval or are under review within the city since 1992: # of Units Percent Single - family detached 1,039 63 Townhouses 613 37 Total 1,652 100 Development # single- family detached # single- family attached Hiscox Addition Highlands on Lake St. Joe Windmill Run Royal Oaks Lotus Lake Woods Oaks at Minnewashta Tower Heights Shenandoah Ridge Church Road TJO Addition Minger Addition Minnewashta Landings Olivewood Shadow Ridge Mission Hills Shamrock Ridge Creekside Brendan Pond Point Lake Lucy Lake Ann Highlands Hobens Wild Wood Farm Autumn Ridge Cunningham Addition Rogers/Dolejsi Stone Creek Bluff Creek Trotters Ridge Oak Ponds /Oak Hills Lake Susan Hills 9th Prairie Creek Willow Ridge Meadows at Longacres Woods at Longacres Hall/s Great Plains Estate Powers Place 1 33 35 23 7 44 13 20 3 3 17 27 9 17 16 47 44 19 20 3 3 134 141 78 49 91 36 112 115 36 Total 1,039 Percent 63% 194 92 46 209 O 48 613 37% CARVER COUNTY HRA J A Telephone (612) 448 -7715 Fax (612) 448 -6006 500 PINE STREET N. SUITE 300 CHASKA, MN 55318 CARVER COUNTY HRA THURSDAY, MARCH 9, 1995 1108 VILLAGE ROAD, LAKE GRACE APARTMENTS CHASKA, MN 1:00 P.M. AGENDA I. CALL TO ORDER H. APPROVE THE MINUTES OF THE PUBLIC HEARING III. APPROVE MINUTES OF PREVIOUS MEETING IV. FINANCIAL REPORT V. MHFA LOANS VI. PROGRAM REPORTS a. Transitional House b. Benton Meadows c. Partners for Environmental Protection (PEP) d. Hamburg house VII. CHANHASSEN SENIOR HOUSING VIII. ADMINISTRATIVE MATTERS a. Hiring of new employee b. Office Space c. HRA Insurance IX. ADJOURN CARVER COUNTY HRA 500 Pine Street, Suite 300 Ph (612) 448 -7715 Chaska, Minnesota 55318 Fax (612) 448 -6506 CARVER COUNTY HRA BOARD MEETING THURSDAY, FEBRUARY 9, 1995 1108 VILLAGE ROAD, LAKE GRACE APARTMENTS CHASKA, MN 55318 M[INUTES PRESENT: Peg Boyle, Ken Frey, Carol Griffith, Stan Hamerski ABSENT: Cal Haasken Staff: Julie Frick, Julie Ann McConnell The regular meeting was called to order by Peg Boyle, Chairperson of the Carver County HRA, at 1:10 p.m.. A quorum was present. The minutes of the January 12, 1995 annual meeting were reviewed at this time. MOTION: ( Hamerski- Griffith) To approve the minutes of the January 12, 1995 regular meeting. All present voted aye. The Financial Report was reviewed at this time. MOTION: ( Hamerski- Griffith) To approve cash payments dated January 13 thru January 31, 1995, check numbers 6540 thru 6590 and cash payments dated February 1 thru February 9, check numbers 6591 thru 6598 and cash receipts dated January 1, 1995 thru January 31, 1995. All present voted aye. MHFA Loans were reviewed at this time. McConnell reported on the HRA's HOME Rental Rehab project with Gestach & Paulson Construction as the applicants. MHFA has approved the application pending some additional documentation. The total project cost will be $66,087.00. No motion was necessary. MOTION: (Griffith - Hamerski) To approve Emergency Ioan number 10 -07 -06 for $127.00. All present voted aye. Program reports were reviewed at this time. McConnell updated the Board on the Transitional Housing Project. An MHFA commitment is expected after February 23, 1995. Frick explained that upon written commitment, a line of credit will be established at Mid- America Bank that will be secured against a Certificate of Deposit. Acquisition costs will be secured in the form of a mortgage against the property. MOTION: (Hamerski -Frey) Authorizing Frick to sign any loan documentation necessary to process transitional housing loan contingent upon Barbara Portwood's review and approval. All present voted aye. At this time the Board was asked to refer to the summary sheet the intern, Christina, compiled outlining the status of her projects. Frick updated the Board on the Cologne water tower project. The job is currently being bid -out. Regarding Benton Meadows, Frick informed the Board that Keith Traxler has filed a lawsuit against the HRA involving the home with the cracked foundation. To date, the BRA has offered to pay Traxler for materials and labor. Traxler has filed suit for $86,000. Hamerski asked if Barbara Portwood, HRA attorney, would review the suit and advise. The Chanhassen Senior Housing Proposal was discussed at this time. m�. Barbara Portwood, Holmes & Graven Attorney representing the Carver County HRA, provided the Board with a letter outlining how the project would foreseeable proceed. Brad Wirt, Miller & Schroeder Financial, explained the Series A and Series B bonds that would be financing the project. Sharmin Al -Jaff, Planner for City of Chanhassen, spoke on behalf of the Senior Commission. The Commission has provided positive input on the project. Carole Kron presented floor plans and a model of the exterior elevations of the project. Gary Fields, Springsted, explained the development costs, financing and future operating budget. MOTION: (Hamerski -Frey) To commit $31,000 a year towards the Chanhassen Senior Housing development for the life of the bonds. All present voted aye. Administrative Matters were discussed at this time. McConnell discussed personnel matters. Frick reported on the pending foreclosure of a property that the HRA has a $13,924.73 lien against. Young America State Bank has the first mortgage. An offer has been made on the property. The offer made would cover the mortgage at Young America State Bank yet the HRA would only be able to retrieve approximately $3,000 with this current offer. The Board asked that BRA staff inspect the property and see if it would be wise to purchase. MOTION: (Frey - Griffith) To raise the mileage from .29 to .30 per mile as per the recommended IRS rate. All present voted aye. MOTION: (Griffith- Hamerski) To adopt personnel policy. All present voted aye. MOTION: (Frey - Griffith) Excessive comp and vacation time is to be paid to Frick in order to comply with the new policy. All present voted aye. Frick updated the Board about the office bookkeeping. The audit from Baune, Dosen & Company is expected to be done next month. Regarding office space, the situation remains unchanged. MOTION: (Frey - Hamerski) To adjourn. All present voted aye. The meeting adjourned at 3:40 p.m.. Attested L L AW OFFICES C` // �7 C" /0 MOSS & BARNETT a ;� ' A PROFESSIONAL ASSOCIATION c 4800 NORWEST CENTER 90 SOUTH SEVENTH STREET ' MINNEAPOLIS. MINNESOTA 55402 - 4129 BRIAN T. GROGAN TELEPHONE (612) 347.0300 TELECOPIER (612) 339 -6686 (612) 347.0340 CABLE COMMUNICATIONS UPDATE TO: MOSS & BARNETT CLIENTS AND INTERESTED PARTIES ' FROM: BRIAN T. GROGAN, ESQ. DATE: MARCH 1, 1995 Ocopyright 1995, Moss & Barnett, A Professional Association VIDEO DL9LTONE - WHAT DOES IT MEAN FOR YOUR COMMUNITY? To make a telephone call to a neighbor most of us utilize a "dialtone" provided by our local telephone company, also known as our local exchange carrier. On July 16, 1992 the Federal Communications Commission (FCC) ruled that local telephone companies can provide us with video services, much like those provided by our existing cable operator, via a " video dialtone" (VDT). The FCC initially envisioned VDT service where the local telephone company would act as a common carrier providing a link between consumers and video information providers. Due to a series of court decisions, however, the FCC on January 11, 1995 began a proceeding which may ultimately allow local telephone companies to own much of the programming on their VDT systems. Since local telephone companies providing VDT service do not need a local franchise, many communities are struggling to determine how to regulate a service which may ultimately compete directly against existing "franchised" cable operators. Some communities are attempting to tax VDT service or impose ' franchise fees while others are searching for ways to enforce customer service standards. The ability of municipalities to act is constrained not only by federal law but also by state laws governing the telephone services provided ' by these local telephone companies. As VDT systems begin providing service, franchising authorities will face difficult issues regarding not only how to regulate VDT service but also how to respond to complaints from existing cable operators which may still be forced to comply with existing franchise obligations. MOSS & BARNETT A PROFESSIONAL ASSOCIATION Section 613(b) of the Cable Communications Policy Act of 1984 (47 U.S.C. 533(b)) prohibits telephone companies from providing video programming to subscribers in their telephone service area. Section 613(b) also prohibits telephone companies from owning other companies (i.e. cable companies) which provide video programming services in the telephone company's service area. This provision is often referred to as the "cable -telco cross ownership ban" and has prevented telephone companies from providing cable television services unless the community was very small (i.e. less than 2,500 population) or the service was provided via VDT (see previous article). This cable -telco cross ownership ban may no longer exist, however, as a result of a series of court decisions culminating in a decision issued by the U.S. District Court in Washington, D.C. on January 27, 1995. The decision, a victory for the United States Telephone Association, overturns the cable -telco cross ownership ban on First Amendment grounds. In issuing her summary judgment Judge Gladys Ressler stated that the ban was overly broad and served as a "restrictive means" to restrain phone companies from competing with cable television operators. Kessler also stated that the government could not show that "the ban solves what it was intended to cure." As many as 1,200 small to medium sized telephone companies are affected by the decision and six of the RBCOs have already prevailed in separate federal court decisions in their territories. Kessler's decision combined with earlier court decisions appears to allow telephone companies throughout the country to purchase and operate cable television systems within their service territory. Judge Kessler will soon issue an injunction regarding FCC and Justice Department enforcement of the cable -telco cross ownership ban. Wording of Kessler's injunction will be crucial in determining whether the cross ownership ban continues to be enforced to any meaningful degree. LOCAL IMPACT OF PROPOSED FEDERAL LEGISLATION On February 1, 1995 U.S. Senator Larry Pressler (R- S.D.), Chairman of the Senate Commerce, Science and Transportation Committee, distributed a "discussion draft" of a telecommunications - reform bill which calls for deregulation of most levels of cable service. The key elements of the legislation with respect to local franchising authorities include: 1. All cable rate regulations would be lifted one year after enactment; 2. State and local barriers to cable entry into the provision of telephone services would be lifted one year after the date of enactment; 3. Telephone companies could provide cable service; 2 MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4. Telephone companies would not have to obtain a local franchise to ' provide video dialtone service; and 5. Local franchising authorities could possibly require the payment of "competitively neutral fees" as compensation for the use of public ' rights -of -way. Both telephone companies and cable television operators expressed optimism at the "pro- competition" provisions within Pressler's bill and with the aggressive time frame for opening local exchange, cable and long distance markets. ' On February 15, 1995 Senate Democrats released their 99 page proposal for telecommunications reform which parallels many of the provisions contained within the Hollings bill which passed the Senate Commerce Committee in 1994 ' when Senator Ernest Hollings (D -S.C.) chaired the Committee. The Democrats' proposal would require the RBOCs to demonstrate that they have opened themselves up to local telephone competition prior to their entering the long ' distance or manufacturing markets. Long distance companies cheered the Democrats' proposal while the RBOCs and cable operators criticized the package for maintaining certain existing regulations which they believe are preventing competition. WHYARE CABLE RATES INCREASING? ' Subscribers across the country have recently received notices from their cable operators that cable rates will soon be increasing by as much as $1.50 to $2.50. A large percentage of these rate increases are the result of the FCC's "going forward" rules which allow cable operators to add new channels of programming to their existing expanded basic tiers of service. Operators are allowed to charge up to $0.20 for each channel added and an additional $0.30 to cover applicable license fees associated with adding the new channels. Those cable operators with unused channel capacity have taken this opportunity ' to add new programming services and passed these increased costs on to subscribers. These rate increases are generally occurring at the same time operators are taking inflationary increases and /or passing through certain external cost increases. ' The result for many communities is a substantial increase in the rates charged to subscribers. Some relief, however, may be available for ' subscribers if a simple form is submitted to the FCC. FCC rate regulations allow franchising authorities or a subscriber to submit FCC Form 329 within 45 days of an expanded basic tier rate increase. Submission of Form 329 authorizes the FCC to regulate the rates charged by the cable operator for the t expanded tier of service. Those communities where Form 329 has not yet been submitted should consider filing this form to require FCC review of the operators' proposed rates. Submission of FCC Form 329 will not result in any additional time or financial commitments by the franchising authority since the rate regulation review of expanded tier rates will be conducted by the FCC and all communications will exist between the FCC and the cable operator. For ' a free copy of FCC Form 329 please contact Susan Olson at Moss 1, Barnett (612- 347 - 0390). 3 MOSS & BARNETT A PROFESSIONAL ASSOCIATION Throughout 1994 a trend developed where small and mid -sized cable operators began to be acquired by larger multiple system operators (MSOs). This trend occurred because the smaller system operators were no longer in a position to deal with the complexity of federal law governing the provision of cable television service or because they simply were not positioned to take advantage of future opportunities to provide alternative services over their systems. Larger MSOs have taken advantage of this situation by strategically acquiring systems in an attempt to form "clusters" of systems primarily in larger markets. These MSOs hope to improve the technical capabilities of system clusters and eventually compete with local telephone companies to provide voice, video and data services. The consolidation of the cable industry has resulted in numerous transfers of ownership requiring local franchising authorities to review proposed transactions. In the last Cable Communications Update an article detailed the transfer procedure and referenced a free paper regarding transfers of ownership by contacting our office. One issue which franchising authorities should be particularly sensitive to, however, is the manner in which the cable system assets will be "valued" following completion of a transfer. In other words, franchising authorities should make sure that the buyer of the system will not attempt to revalue the system in such a way as to ultimately increase the monthly fees paid by subscribers for such items as converters, remote controls or various services provided by the new operator. SHOULD CITIES MANDATE SYSTEM UPGRADES DURING FRANCHISE RENEWAL In our representation of franchising authorities during a franchise renewal process, one of the first issues raised by city officials is the need for technical improvement to the existing cable system serving the community. Typically the cable system is somewhat antiquated and the operator has postponed improvements until a new franchise can be negotiated and executed. The discussion usually focuses on the existing capabilities of the system which may be as low as 300 to 330 MHz, providing the equivalent of approximately 30 channels of video service. Problems with this type of antiquated cable system usually fall into three categories. 1. Lack of adequate channel capacity to meet subscriber demand; 2. Poor signal quality particularly at the extremity points of the system; and 3. Poor reliability in that the system may experience numerous outages because of antiquated equipment. F1 MOSS & BARNETT A PROFESSIONAL ASSOCIATION When considering the type of upgrade or rebuild to require in franchise ' documents many franchising authorities seek an improvement to 550 MHz (the equivalent of 60 channels of capacity) on up to 625 MHz or 750 MHz. Decisions regarding the appropriate capacity of the system will vary depending upon the community's needs and the future plans of the cable operator. ' One issue, however, which should not be overlooked is the concept of choosing = to require in writing that the cable operator must upgrade the cable system. The rational is that a cable operator will likely be forced to upgrade the system, despite a written franchise requirement, in order to meet subscriber demands and successfully compete for subscribers with alternative providers such as Direct Broadcast Satellite (i.e. Direct TV) or the local ' telephone company. Including a system upgrade requirement in a franchise document may only serve to allow a cable operator to "pass through" to subscribers costs associated with the upgrade. ' If one assumes current rate regulations will be maintained, it is entirely possible cable operators could attempt to pass through to subscribers ' some or all of the costs associated with a franchise imposed system upgrade in the form of an external cost or other allowed pass through. The decision regarding whether franchising authorities should include upgrade language within the franchise documentation will vary depending upon the location of the system in relation to a larger market and the financial capabilities of the operator to take advantage of future services which may be provided over the system. The materials in this Cable Communications Update have been compiled from a variety of sources. We have not addressed many important points which may apply to your situation. You should consult with legal counsel before taking ' any action on matters covered by this Cable Communications Update Brian T. Grogan is an attorney with the Minneapolis law firm of Moss & Barnett. He practices primarily in the areas of cable television and telecommunications law. Mr. Grogan represents municipalities and.governmental entities across the United States in franchise renewals, municipal ownership, rate regulation, transfers of ownership, video dialtone proceedings, Federal Communications Commission filings, First Amendment issues, and other communications- related concerns. For additional information regarding the ' topics addressed in this Cable Communications Update please feel free to contact our office. I 383ZBTG i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 27, 1995 RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION ESTABLISHING PROCEDURES FOR FILLING COMMISSION APPOINTMENTS WHEREAS, City Commission members serve to research; conduct public hearings, including sending notices of the hearings to effected parties and listening /recording public comments from said hearings; and to review or visit similar proposals /products /regulations in other cities /locations, etc; and WHEREAS, it is important that each council member and council member- elect has the opportunity to participate in the selection of commission members who are citizens of the community serving in their commission capacity to provide advice to the City Council as described above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen as follows: 1. That an advertisement announcing the Commission vacancies be placed in the official newspaper twice after the first of the year. To ensure that as many applications as possible are received, the ad shall make no notation as to the number of incumbents seeking reappointment. 2. The terms for the Commissions will become effective April 1st. 3. Commissions shall interview all new applicants for vacancies. Following the interview process, the commission shall recommend to the city council enough candidates to fill the vacant positions plus two additional candidates. 4. Incumbents who are reapplying for their position do not need to be interviewed by the commission members and should not be involved in the interviews and selection of their competitors. They do need to be interviewed by the city council. 1995. Passed and adopted by the Chanhassen City Council this 27th day of February, 1 ATTEST. ' Don Ashworth, City Clerk/Manager YES 1 lJ 17 u L Donald J. Chmiel, Mayor NO ABSENT CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 6, 1995 Chanhassen Elementary School Student Council c/o Ms. Kitty Sitter and Ms. Fran Hile 7600 Laredo Drive Chanhassen, MN 55317 Dear Council Members: Thank you for hosting me at your meeting of February 21, 1995. I enjoyed having the opportunity to speak with you. Your long list of ideas for helping manage Chanhassen Pond Park is an indication of your enthusiasm in taking on this project. Below please find a tabulation of your ideas and my response to each. Please note that your lists were condensed to avoid duplication of similar ideas. You will also note that those ideas which can be carried out by students are highlighted with an asterisk. * 1. Pick Up Trash: I encourage each classroom to organize a field trip to Chanhassen Pond Park this spring. Trash clean -up should be included as one activity of each trip. 2. Install "No Littering" Signs, Install "Pick -up After Your Pet" Signs, Install Signs with Park Rules: Park rule signs are located at each entrance to the park' (see attached map). The rules listed on each sign are: Park Hours: 6 a.m. - 10 p.m. Motorized Vehicles Restricted to Roadways and Parking Areas Only Glass Containers Prohibited Alcoholic Beverages Restricted to Canned Beer Only No Pets Allowed Snowmobiling on Designated Trails Only Help Keep Your Parks Clean, Please Do Not Litter a Add Trash Cans: Trash cans are not currently maintained at the park. I will discuss locating a trash receptacle at each entrance to the park with Dale Gregory our Park Superintendent. If Mr. Gregory also believes that this is appropriate, he will have the trash receptacles put in place. 0 Chanhassen Elementary School Student Council ' March 6, 1995 Page 2 4. Install Recycle Bins: Currently all trash collected from city parks is separated at our central collection point and recycled. However, for ease of operation, recycle containers may be purchased in the future. ' S. Construct a New Bridge: The existing bridges were constructed by local boy scouts as Eagle Scout Projects. The bridges are weathered and aging, but remain in sound condition. The main bridge will eventually be replaced with a wider and much stronger bridge capable of holding a pick -up truck. This future replacement project will cost approximately $15,000. Other future improvements will include widening and blacktopping of the main trail from Laredo Drive to Sierra Trail. 6. Install Fences: Fencing detracts from the overall beauty of our parks. However, if some form of permanent separation between public and private properties is necessary, fencing is often installed. ' 7. Install Rocks in Erosion Areas: Several large erosion areas do exist within Chanhassen Pond Park. Erosion intensifies the pollution of the pond through increased water runoff. This excessive runoff carries high levels of nutrients and sediments into ' the pond. The city's Surface Water Management Plan has been developed to help stop this type of pollution. Look for improved management of storm water runoff entering the park over the next two summers. ' 8. Install Wood Chips on the Trail: The majority of rain water entering the pond must cross the trail on its way to the pond. Wood chips would be carried by the water flow into the pond. ' 9. Mow Grass: The city mows the trail and entry ways to the park. The remainder of the is intentionally left to naturally. park grow ' 10. Install Picnic Tables: Two picnic tables were installed along Kerber Boulevard overlooking the park. Other acceptable picnic areas offering convenient access and groomed turf (mowed) are not available within the park's interior. ' 11. Need Warming Shelters for Skating: Many residents use the ponds in their neighborhood for skating each winter (an estimated 20 to 30 each year). The city is ' unable to provide warming houses for each of these locations. * 12. Plant Flowers, Plant Seeds, Plant Tree: Planting trees offers the best return on our investment. Ms. Sitter and Ms. Hile are organizing a spring tree planting project with the help of the Minnesota Department of Natural Resources (MnDNR). The tentative project date is Saturday, April 29. Chanhassen Elementary School Student Council March 6, 1995 ' Page 3 13. Feed Animals: Wildlife management in public park systems does not typically , include wildlife feeding programs. The vegetation found in the park offers a wide variety of natural food sources for the birds and animals who live there. * 14. Install Bird Houses: Blue bird and wood duck houses are maintained within the park. These houses mimic the birds natural nesting locations — typically old trees for wood ducks and old fence posts for blue birds. These artificial nesting boxes are , necessary since the majority of the old trees and fence posts once found in Chanhassen have been removed. If the school has access to nesting houses which they could donate, the city would be happy to place them within the park. ' 15. Rake Leaves: All the leaves which fall in Chanhassen Pond Park are left undisturbed. Decaying leaves are an important part of the natural life cycle found at Chanhassen ' Pond Park. *16. Submit Articles to the Villager Reminding People of Rules: This type of reinforcement of rules which our society must follow is invaluable. Classes should again consider writing letters to the editor after completing their field trips to the park. 17. Clean the Water, Keep Oil Out of the Water: Again, the city's Surface Water Management Program is working towards cleaning up the city's water resources. Some elementary students may have participated in the signing of storm water catch basins throughout the city. These signs, which were spray painted on the street covers of the storm water system, remind people not to dump oil or other pollutants into this system. *18. Conduct an Animal Object Survey, Look at Leaves: These educational projects can be carried out during your field trips to the park. Again, thank you for your interest in Chanhassen Pond Park. Your partnership in maintaining and managing this natural resource is to be commended. I look forward to working with you this spring. Please contact me if I can be of any further assistance. Sincerely, Todd Hoffman, CLP Park and Recreation Director TH:k ' Chanhassen Elementary School Student Council March 6, 1995 ' Page 4 Enclosure: Park Map ' pc: Mayor and City Council Park and Recreation Commission ' Chanhassen Villager Dale Gregory, Park Superintendent Diane Desotelle, Water Resources Coordinator r u C L r /; i all Vg m'--' _1 i NOTE All d-men5ions and fa CJldy locations are apprO mate. Key: C PiCniC Areas O Seating Areas 24ssive park area accommodating the observation of plants and wildlife in a natural environment. 0 \TIONS. Plant materials should be installed to encourage wildlife by providing both habitat and food sources. The following are suggested as a general guide. _P LANT SPECIES WILDLIFE CATEGORY PLANT SPECIES WILDLIFE Eastern Whi Pine Fir Bird Species Fruit 8 Berry Plants Sand Cherry Pheasant Reed d C C edar American Plum Butterflies Norway Pine Grapes Spruce Fall Fruits Red Osier Dogwood Robin Switcngrass Pheasants Mountain Ash Cardinals Big Blueslem Mallards Buffaloberry Chickadees Little Bluestein Deer Cotoneasters Finches Indiangrass Rabbits Wood Ducks Sideoats Gramme Woodchucks Pheasants Birch Butterflies Winter Fruits Black Chokecherry Bird Species Aspen Bets Red Splendor Crabapple Willow Moths Euonymus tiaekberry Sumac Cherries Oak Nuts i Acorns Oak Wood Duck Butternut Pheasant Red Mulberry Robin Black Walnut Mallards Amur Chokecherry Bluebird Shagbark Hickory Spuirels Black Cherry Cardinal Deer Serviceberr Y Woodpeckers "�•• "•"•"'• "' •'�"•. uv M J SHELTER_ Install wood duck houaea. or r r rh at 9—nis CHANHASSEN POND PARK MASTER PLAN POND 1 PURPOSE Establish a GENERAL RECOMMEND, Grasses 6 Legumes Fruit d Berry Plants CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 March 7, 1995 Mr. Craig M. Edwards Area Manager U.S. Department of Commerce National Weather Service 6301 34th Ave. South Minneapolis, MN 55450 Dear Mr. Edwards: Thank you for your letter of March 3, 1995. It will be my pleasure to attend your formal ceremony at the new weather service facility on June 2 at 10:00 a.m. and to serve as a keynote speaker. I would like to take this opportunity to welcome you to our community. I look forward to listening to weather reports and hearing the "official" statistics from Chanhassen. Sincerely, Donald J. Mayor DJC:k PC: Dean T. Braatz, Hydrologist in Charge Dr. Thomas R. Carroll, Director NOHRSC a40 ,j Of 00 00 o � 1ArsS Of'+�P Mayor Don Chmiel City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 Dear Mayor Chmiel, 4" 1� U.S. DEPARTMENT OF COMMERCE National Oc and Atmospheric Administration N 6301 34 Ave. Minneapolis, MN 55450 March 3, 1995 Three offices of the National Weather Service will be moving from the Minneapolis /St. Paul Airport location to 1733 Lake Drive West in Chanhassen. The move will occur at staged intervals. The North Central River Forecast Center will move on March 13th, the Forecast Office on March 15th and the National Operational Hydrologic Remote Sensing Center (NOHRSC) on May 2nd. Approximately 60 employees will work out of the new facility built by Merrimac Construction. Also located on the 10 acre plot is the Next Generation Weather Doppler Radar (WSR -88D), installed in August of 1994, the upper air inflation and launch building, communication towers and a local weather station. The move to this leased facility will allow the National Weather Service to more efficiently coordinate our mission of providing critical water and weather forecasts and warnings. Atmospheric scientists and water resource engineers will utilize the latest technology to prepare valuable forecasts for commerce, industry, aviation interests and the general public. A formal ceremony is planned for Friday, June 2, 1995 at LOAM to officially mark this important milestone. You are cordially invited to attend and serve as a keynote speaker. To facilitate planning and publicity we would like to confirm the Senator's participation at his earliest convenience. S ' ce �rlreJly, M: Edwards - g Manager f - De an B aatz - iy,drol9q! - §`E in Charge Df: Tffi&ff Carroll Director NOHRSC ��p fSMO5q� 4 Z s kz /�� 1141 ""Ia4 fc-,� ,,0000004 .1004 0 04; 4 ,00ll e le -eoolool SEN f CHANHASSEN FIRE DEPARTMENT ' ` Q►� / �F P.O. BOX 97 7610 LAREDO DRIVE CHANHASSEN, MN 55317 Q � O� BUS. PHONE 934.9191 MINNEWASHTA STATION NO. 2 PHONE 474.7094 V ' MEMORANDUM TO: Don Ashworth, City Manager , FROM: Richard Wing, Assistant Fire Chief ' RE: Harold, Brose, Shop Superintendent DATE: March 3, 1995 ' On Friday evening, February 20, 1995, Pumper 208 would not start. Out of my concern for the truck being out of service all weekend, ' I called Harold at home. The truck had a major problem. As of 2:00 A.M. Saturday morning, the lights were still on and Harold still at work trying to get the truck back in service which he did accomplish. ' Our thanks to Harold, all of his help and positive attitude. It is people like Harold that make this city "run ". A 4a, 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 Don Chmiel, Mayor City Council FROM: Charles Folch, Director of Public Works /City Engineer DATE: March 1, 1995 SUBJ: Update on Construction Contract for the Trunk Highway 101 North Leg Improvement Project No. 88 -22B The City Council's agenda for Monday, February 13, „1995 included an item regarding Change Order No. 2 to the Trunk Highway 101 North Leg Improvement Project No. 88 -2213. This item was pulled off the consent agenda as Councilman Senn had questions regarding the original construction contract amount awarded with the project and previous change order items to date. Unfortunately, I did not anticipate this question coming and, as such, did not have the necessary documentation in front of me to respond to this inquiry. As requested, I have accumulated the necessary documentation. On December 14, 1992, the City Council awarded a construction contract for the Trunk Highway 101 North Leg Improvement Project No. 88 -22B to C. S. McCrossan Construction, Inc. in the amount of $1,488,449.04. In February of 1994, staff presented City Council with Change Order No. I to this improvement project in the amount of $97,869.24. As described in my staff report dated February 7, 1994 (see attached), approximately 85% of the dollars associated with Change Order No. 1 were the direct result of changes and modifications required by MnDOT through the permit approval process, i.e. additional ponding, signal work items, etc. However, this contract had to be let prior to the December 31, 1992 deadline or risk the loss of the primary funding source, tax increment financing, for the project. Unfortunately, MnDOT' had not completed their review of the project plans prior to this date so it was anticipated that some changes would result. In a normal project plan development process, these changes would have been made to the project prior to bidding and the costs associated would be included in an original contract awarded. With the approval Change Order No. 1, the revised constriction contract for this project became $1,586,318.28. Don Ashworth Mayor and City Council March 1, 1995 Page 2 At the Council's February 13, 1995 meeting, staff presented Change Order No. 2 to this improvement project in the amount of $99,315.93. As indicated in the staff report dated February 6, 1995 (see attached), nearly half of the dollars associated with Change Order No. 2 are the result of the installation of a trunk watermain looping segment which will be funded from the City's sewer and water expansion fund. The approval of Change Order No. 2 yields a revised contract amount of $1,685,634.21. As of this date, the project is substantially completed with some remaining punchlist work items to be completed. As such, staff does not anticipate further amendments to this construction contract. The two change orders for this project amount to approximately a 13% increase over the originally awarded contract. This is well within the contract additions typically associated with a project of this magnitude. However, it is important to note that had MnDOT been able to review the project plans prior to awarding this contract, the resulting change order amounts to the project would have been as low as 7' /z% of the originally awarded contract. It is also important to note that these figures represent the construction contract dollars and do not include the overhead costs associated with the project such as engineering design, engineering construction stacking and inspection, legal, bonding, etc. Depending on the size and scope of the project, overhead costs typically fall within a 25% to 30% of construction contract range. There will also be some costs involved with easements from the railroad. In any case, a total project cost will be tallied this summer when the project is completed. jms Attachments: 1. Staff report dated February 7, 1994. 2. Staff report dated February 6, 1995. c: Jon Horn, BRW g: \e n g \charle s \memos \u pdate.101 1�2q 6 v T H I A C K I R R E R G G R 0 U P STATUS REPORT 7)&7 �- Y. .Z7 2/28/95 I. CAPITAL IMPROVEMENT PROJECTS A. TH 101 Northlea (88 -22B) 1. Project is substantially completed. 2. Need to complete remaining punchlist items. 3. Need to reseed area east of Schlenk's property. 4. Need to complete financial agreement with Twin Cities & Western Railroad. 5. Have staff (Jerry B., Todd H., Mike W.) sign off on work prior to final acceptance. *Consultant: Jon Horn, BRW, 370 -0700 *Contractor: C. S. McCrossan B. MINNEWASHTA PARKWAY (90 -15) 1. Project substantially completed. 2. A few remaining punchlist items need to be completed. a. Verify crosswalk stripping. 3. Need to final state aid contract for reimbursement. *Consultant: Bill Engelhardt, 448 -8838 ' *Contractor: Brown & Cris C. TH 5 (COUNTY ROAD 17 TO TH 41) (90 -17) 1. Project plans will be completed by July 1, 1995. ' 2. Project letting has been delayed to post -year 2000. *Consultant: James Unruh, Barton- Aschman, 332 -0421 ' -1- D. PRE - TRUNK UTILITIES. PHASE II (91 -17B) E. F. 1. Project is completed and accepted. 2. Contract amendment for the installation of trunk sanitary sewer through the O'Shaughnessy (Autumn Ridge) development to be authorized by City Council on February 13, 1995. This work to be administrated through the Project No. 92 -12 contract. *Consultant: Phil Gravel, BRA, 636 -4600 *Inspector: Dave Zielinski, BRA, 636 -4600 *Contractor: Northdale Contracting, Inc. WEST 78TH STREET DETACHMENT Sc DOWNTOWN IMPROVEMENTS 92 -3 1. Project is substantially completed. 2. Pedestrian trail, retaining wall and handrail to be constructed in 1996 following slopes stability testing results over the winter. 3. Surcharging work still in progress. May hire McCrossan or some other contractor for time and materials to add additional lifts as necessary. Check with Braun - Intertec on timing of next lift. 4. Need to schedule field appointment with SRF (Denny Eiler and Bud Williams) to evaluate operation of each traffic signal, i.e. troubleshooting, etc. See notes from December meeting including right -hand turn loop detector from Byerly's access. *Consultant: Jim Dvorak, SRF, 475 -0010 David Juliff, SRF, 475 -0010 *Contractor: C. S. McCrossan NEZ PERCE DRIVE EXTENSION (92 -6) 1. Feasibility study prepared and presented to Council on 7/13/92. 2. Public hearing held was held 8/2/92. Project was tabled until legal proceeding is settled *Consultant: Bill Engelhardt, 448 -8838 -2- G. LAKE LUCY ROAD EXTENSION (92 -12) 1. Contract has been let for Stage I (western ' half) of overall project. 2. Work is scheduled to begin this spring. 3. Need Jerome Carlson, Dave Gestach, and MnDOT to complete documents for the relocation of the 60 -foot road access to an 80 -foot access ' location farther south on TH 41. ' *Consultant: Al Larson, Engelhardt & Assoc., 448- 8838 *Contractor: Northdale Contracting H. CHANHASSEN ESTATES 1ST & 3RD ADDITIONS STREET RECONSTRUCTION PROJECT (93 -10) 1. Wearing course and landscaping needs to be completed in 1995. 2. Punchlist needs to be prepared. Ponding work and excavation to begin the end of February. ' 3. Schedule assessment hearing for fall of 1995. 4. Monument sign for neighborhood. *Consultant: Dave Mitchell, OSM, 595 -5699 ' *Contractor: Brown & Cris I. GALPIN BOULEVARD RECONSTRUCTION (TH 5 SOUTH OF ' TIMBERWOOD DRIVE) AND MC GLYNN DRIVE CONSTRUCTION (FROM GALPIN BOULEVARD TO 1600 FEET EAST), STAGE I(93 -26A) ' 1. Reinitiate public hearing scheduled for 3/13/95. ' 2. Plan and specification approval by City Council scheduled for 2/13/95. ' 3. Contract for installation of temporary signals will be let separately since plan approval through MnDOT Signal Department will take slightly longer than the rest of the project plan approval. 4. Phase II of the project will be delayed until 1996 or later unless development of adjacent properties construction the public improvements under private contract. J. K. *Consultant: James Unruh, Barton- Aschman, 332 -0421 POWERS BOULEVARD (CSAH 17) RECONSTRUCTION FROM TH 5 ' SOUTH TO LYMAN BOULEVARD (93 -29) 1. Project plans are being prepared. 2. A public hearing was held at the 1/9/95 City ' Council meeting. Action was tabled until the financial /bonding analysis report is completed ' by Springsted regarding County -City funding agreement. *Consultant: Jon Horn, BRW, 370 -0700 *Carver County Contact: Bill Weckman, 361 -1010 ' LYMAN BOULEVARD RECONSTRUCTION /LAKE RILEY AREA TRUNK UTILITY IMPROVEMENT PROJECT (93 -32A & B) ' 1. A contract was let in the fall of 1994 for the Stage I improvements consisting of the ' watermain installation along TH 101 from Chanhassen Hills north to 86th Street, east on 86th Street through the Mission Hills development and south through the TH 212 ' corridor and John Klingelhutz property. 2. Contract is approximately 65% complete. ' 3. Remaining work to be completed in 1995. 4. Stage II project plans are currently being ' completed. 5. It is anticipated that some soil surcharging ' work will need to be conducted on the south side of Lyman Boulevard near Quinn Road. 6. Stage II contract may be let in the fall of ' 1995 or early 1996 depending on project bonding. *Consultant: David Mitchell, OSM, 595 -5699 *Contractor (Stage I): Annandale Contracting -4- r L. WELL NO. 7 (94 -3) ' 1. Project test drilling was completed in the fall of 1994 and was found satisfactory. 2. Need to acquire land for wellhouse from the Gestach- Paulson property. Staff will continue negotiations with property owners, however, City Council was authorized at the 1/23/95 meeting condemnation and quick -take proceedings for this project if necessary. 3. A separate contract for the wellhouse ' structure will be let in 1995. 4. Contract has been let for drilling and casing of the well. ' *Consultant: Phil Gravel, BRA, 636 -4600 *Contractor: Layne Minnesota M. REPAINTING OF MURRAY HILL WATERTOWER (95 -3) 1. Need to meet with Jerry B. and select consultant to prepare plans and administrate the work. D n 1 -5- - II. IN -HOUSE PROJECTS A. 1995 STREET REPAIR AND SEALCOATING 1. Bill and Mike to prepare list of candidate projects for 1995. B. PAVEMENT MANAGEMENT PROGRAM 1. Bill and Dan to schedule a review of all city streets and an update to the Pavement Management Data Inventory. C. SPRING WATERMAIN FLUSHING 1. Informational notices to be put in City newsletter and Villager newspaper. 2. Jerry B. to prepare and send out a special letter to residents in the Summit Addition regarding special procedures to be taken. D. INSTALLATION OF AIR RELIEF MANHOLE IN SUMMIT ADDITION 1. Jerry B. to schedule work by Machtemes in May. 2. Bonestroo & Associates to provide standard drawings for the structure. 3. Lundgren Bros. has agreed to fund $1,500 towards this work. E. SUMP PUMP INSPECTION PROGRAM 1. Need to meet and Don and solicit our RFP's and select consultant to perform and conduct the Sump Pump Inspection Program and provide follow up. III. PRIVATE D EVELOPMENT PROJECTS (N OT COMPLETEDI A. LAKE RILEY HILLS (LUR 90-27- PROJEC NO 91 -10A ' 1. Preliminary plat approval (CC 2/25/91). 2. Final plat tentative for 1995, more likely 1996 - project pending. ' *Engineer: William Engelhardt & Associates ' B. ST ONE CREEK FIRST ADDITION (92 - 9) 1. Utilities completed. Outstanding utilities punch list remaining. Utilities maintenance bond expires 9/13/95. 2. Wear course to be placed in 1995. *Developer: Hans Hagen, 572 -9455 *Developer's Engineer: Chuck Plowe, 785 -1043 C. BLUFF CREEK ESTATES (92 -10) ' 1. Wear course to be placed in 1995. 1 2. Maintenance bond (utilities) expires 8/31/95. ' *Developer: Keyland Homes /Chan Development, Gary Horkey, 894 -2636 *Developer's Engineer: Marc Mogan ' D. WILLOWRIDGE 2ND ADDITION (93 - 4) 1. Project done except for warranty repairs. 1. Maintenance bond (utilities) expires 11/8/95. ' 2. Maintenance bond (streets) expires 12/12/96. ' *Developer: Lundgren Bros. Construction, Mike Pflaum, 473 -1231 ist, Bob *Developer's Engineer: Sathre- Bergqu Payette, 476 -6000 E. WINDMILL RUN (93 -3) 1. Remaining streets punchlist items. 2. Maintenance bond (utilities) expires 12/13/95. 3. Maintenance bond (streets) expires 11/8/96. F. G. 0 *Developer: Rottlund Homes, Don Jensen *Developer's Engineer: Pioneer Engineering, Paul Cherne, 783 -1880 THE MEADOWS AT LONGACRES (94 -7) 1. Utilities complete and accepted. 2. Need as- builts. 3. Remaining punchlist items on utilities and need maintenance bond. 4. Wearcourse to be installed in 1995. *Developer: Lundgren Bros. Construction, Mike Pflaum /Terry Forbord, 473 -1231 *Developer's Engineer: Schoell & Madson, Ken ' Adolf, 546 -7601 BLUFF CREEK ESTATES 2ND ADDITION (92 -10) 1. Utilities completed and accepted. Utilities ' maintenance bond expires 8/31/95. 2. Wear course to be installed in 1995. ' *Developer: Keyland Homes, Gary Horkey, 894 -2636 *Developer's Engineer: James R. Hill, Marc Mogan CHANHASSEN ' BUSINESS CENTER (93 -1) 1. Remaining streets punchlist items. , 2. Maintenance bond (utilities) expires 7/31/96. 3. Maintenance bond (streets) expires 7/31/96. ' *Developer's Engineer: RLK & Assoc., John Dietrich 933 -0972 -8- I. LAKE SUSAN HILLS WEST 9TH ADDITION (93 -5) 1. Remaining streets punchlist items. 2. Maintenance bond (utilities) expires 1/10/96. 3. Maintenance bond (streets) expires 11/28/96. *Developer: Joe Miller Homes, Ron Isaak, 454 -4663 *Developer's Engineer: Pioneer Engineering, Paul Cherne, 783 -1880 J. ROYAL OAK ESTATES (93 -12) 1. Remaining streets punchlist items but project is basically done. 2. Need maintenance bond (streets). ' *Developer: Brett Davidson, 470 -9087 *Developer's Engineer: Charles Plowe, 785 -1043 *Contractor: Northdale Const., Tom Wilebski, 428- ' 4868 K. PRAIRIE CREEK TOWNHOMES (93 -14) ' 1. Remaining punchlist items. 2. Pond work, grading, landscaping. ' 3. Maintenance bond (storm sewer) expires 11/17/96. *Developer: Jasper Homes, James Jasper, 442 -5611 *Developer's Engineer: Rehder & Associates, Greg Hallings, 452 -5051 *Contractor: Dave Perkins Construction, Chris ' Perkins L. STONE CREEK 2ND ADDITION (93 -17) ' 1. Remaining streets punchlist. 2. Utilities installed under Project No. 91 -17A. 3. Maintenance bond (streets) expires 1/9/97. *Developer: Hans Hagen Homes, Hans Hagen, 572 -9455 -9- *Developer's Engineer: Charles Plowe, 785 -1043 ' *Contractor: S.R. Weidema, Scott Weidema, 424 -8140 M. TROTTERS RIDGE (93 -18) ' 1. Remaining utilities punchlist items. 2. Wearcourse to be installed in 1995. ' 3. Maintenance bond (utilities) expires 6/1/96. *Developer: Tandem Properties, Jim Ostenson, 941- ' 7805 *Developer's Eng.: James R. Hill, Joel Cooper, 890 -6044 ' *Contractor: Brown & Cris, Mike Devine, 469 -2121 N. SHENANDOAH RIDGE (93 -20) 1. Remaining utility punchlist items. ' 2. Wearcourse to be installed in 1995. *Developer: Shamrock Dev., Inc., Jim Stanton, 421- 3500 *Developer's Engineer: John Oliver & Associates, Lynn Caswell, 441 -2072 0. TOWER HEIGHTS (93 -21) 1. Preliminary plat approved contingent upon extension of Nez Perce Drive - judgement in favor of the City. Condemnation proceeding on Beddor parcel. *Developer: JMS Dev., Jeff Schoenwetter, 949- 8908/922 -1981 *Developer's Engineer: Roger Anderson & Assoc., Roger Anderson, 546 -7035 P. BLUFF CREEK ESTATES 4TH ADDITION (93 -22) 1. Remaining streets punchlist items but project is basically done. 2. Maintenance bond (utilities) expires 1/24/96. 3. Maintenance bond (streets) expires 1/9/97. -10- *Developer: Chan Development Co., Gary Horkey, ' 894 -2636 *Developer's Eng.: James R. Hill, Mark Mogan, 890- 6044 *Contractor: Ryan Construction, Tom Ryan, 894 -3200 Q. MISSION HILLS (93 -23) t 1. Utilities partially completed and accepted. 2. Remaining grading, utility, and street work over easterly portion. ' *Developer: Tandem Properties, Jim Ostenson, 941- 7805 *Developer's Engineer: Westwood, Dennis Marhua /Ed ' Haskek, 937 -5150 R. THE WOODS AT LONGACRES (93 -28) ' 1. Final plat /construction plans and specs /development contract approved 6/27/94. ' 2. Construction scheduled for early spring 1995. ' *Developer: Lundgren Bros., Mike Pflaum, 473 -1231 *Developer's Engineer: Schoell & Madson, Ken Adolf, 546 -7601 ' S. STONE CREEK 3RD ADDITION (93 -30) ' 1. Utilities installed under Project No. 91 -17A. 2. Remaining streets punchlist items. 3. Maintenance bond (streets) expires 1/9/97. ' *Developer: Hans Hagen Homes, Hans Hagen, 572 -9455 *Developer's Engineer: Charles Plowe Eng., 785 -1043 ' *Contractor: PCI, Dick Freeberg, 425 -4515 T. HIGHLANDS ON LAKE ST. JOE (93 -31 1. Final plat, development contract, construction plans and specifications approved 10/25/93. 2. Waiting for annexation with City of Victoria. -11- 3. Project on hold. 1 *Developer: Lundgren Bros., Mike Pflaum, 473 -1231 ' *Developer's Engineer: Sathre- Bergquist, Bob Payette, 476 -6000 ' U. EDMUNDS SUBDIVISION (93 -33) 1. Did not proceed with subdivision - bankrupcy , pending. 2. Construction plans and specifications and ' development contract approved 6/13/94. *Developer: Dan & Robin Edmunds, 943 -8629 *Developer's Engineer: Engelhardt, Al Larson, 448- 8838 ' V. STONE CREEK 4TH ADDITION (94 -2) 1. Remaining utilities punchlist items. , 2. Wearcourse /sidewalk improvements in 1995. , 3. Maintenance bond (utilities) expires 8/22/96. *Developer: Hans Hagen Homes, Hans Hagen, 572 -9455 *Developer's Eng.: Passe Eng., Derrick Passe, 755- 6240 ' *Contractor: Nodland Const., Dave Van Vleet, 428- 8565 ' W. MINNEWASHTA LANDINGS 94 -4 1. Remaining utilities punchlist items. ' 2. Wearcourse to be installed in 1995 (letter of credit). ' 3. Maintenance bond (utilities) expires 1/23/97. *Developer: Ken Durr, 935 -7789 * Developer's Engineer: Sathre- Bergquist, Bob ' Payette, 476 -6000 X. CHURCH ROAD 2ND ADDITION (94 -6) ' 1. Remaining utiities punchlist items. -12- , 2. Need driveway paved. ' 3. Need maintenance bond (utilities). ' *Developer: Greg Reed, 470 -1168 *Developer's Engineer: Engelhardt, Al Larson, 448- 8838 Y. BLUFF CREEK ESTATES 5TH ADDITION (94 -10) 1. Remaining utilities punchlist items. 2. Wearcourse to be installed in 1996 (letter of credit) . 3. Maintenance bond (utilities) expires 9/12/96. *Developer: Chan Development Co., Gary Horkey, 440 -9400 *Developer's Eng.: James R. Hill, Marc Mogan, 890- 6044 *Contractor: Ryan Const., Tom Ryan, 894 -3200 ' Z. OAK PONDS 2ND ADDITION (94 -12) 1. Remaining utilities punchlist items. 2. Wearcourse to be installed in 1995. ' 3. Maintenance bond (utilities) expires 10/10/96. *Developer: Dean Johnson Const., Dean Johnson, 493 -6340 *Developer's Eng.: Meadowood Eng., Bill Dolan, ' 890 -1272 AA. MINGER ADDITION (94 -13) items. 1. Remaining utilities punchlist ' 2. Wearcourse to be installed in 1995. 3. Maintenance bond (utilities) expires 10/24/96. *Developer: Pat Minger, 867 -2733 *Developer's Engineer: Westwood, Peter Knaeble, 831 -2989 -13- BB. OLIVEWOOD ADDITION (94 -11 1. Final plat, development contract, and ' construction plans and specifications approved 8/8/94. 2. Work to commence in spring, 1995. ' *Developer: Arthur Johnson /Harry Peters, 473 -3839 *Developer's Eng.: Schoell & Madson, Ken Adolf, 546 -7601 ' CC. SHADOW RIDGE (94 -15) 1. Remaining utilities punchlist items. , 2. Wearcourse to be installed in 1995. 3. Need maintenance bond (utilities). , *Developer: Bill Coffman, 835 -1270 *Developer's Eng.: Schoell & Madson, Ken Adolf, DD. AUTUMN RIDGE (95 -5) 1. Preliminary plat approved 1/95. EE. 2. Final plat, development contract, and construction plans and specifications approval pending. 3. Spring, 1995 construction anticipated. *Developer: Good Value Homes, John Peterson *Developer's Eng.: Passe Engineer, Derrick Passe, 755 -6240 OAK PONDS 3RD ADDITION (LUR 95 -1) 1. Preliminary /final plat approval pending spring, 1995. 2. Spring, 1995 construction anticipated. *Developer: Dean R. Johnson Construction, Dean R. Johnson, 493 -6340 -14- ' *Developer's Eng.: Bill Dolan, Meadowood Engineering, 890 -1272 ' FF. SHAMROCK RIDGE (94 -18) 1. Preliminary plat approved 12/94. ' 2. Final plat, development contract, and construction plans and specifications approval ' pending; anticipated spring /summer, 1995. HH. POINT LAKE LUCY (LUR 95 -2) 1. Preliminary plat approval at Planning ' Commission meeting (2/15/95). 2. Final plat, development contract, and construction plans and specification approval pending spring, 1995. 3. Construction anticipated spring /summer, 1995. ' *Developer: Robert Mason Homes *Developer's Eng.: Schoell & Madson, 546 -7601 1 -15- *Developer: Ed & Mary Ryan *Developer's Eng.: Charles Plowe Engineering, Chuck Plowe, 785 -1043 GG. CREEKSIDE (LUR 94 -6) ' 1. Preliminary plat approval in 1/95. 2. Final plat, development contract, and construction plans and specifications approval pending. 3. Spring, 1995 construction anticipated. *Developer: Heritage Development, John Dobbs *Developer's Eng.: RLK, Fran Hagen /John Dietrich, 933 -0972 HH. POINT LAKE LUCY (LUR 95 -2) 1. Preliminary plat approval at Planning ' Commission meeting (2/15/95). 2. Final plat, development contract, and construction plans and specification approval pending spring, 1995. 3. Construction anticipated spring /summer, 1995. ' *Developer: Robert Mason Homes *Developer's Eng.: Schoell & Madson, 546 -7601 1 -15- IV. PRIVATE DEVELOPMENT PROJECTS COMPLETED /UNDER WARRANTY A. WILLOW RIDGE (91 -14) 1. Maintenance bond (streets) expires 4/25/96. *Developer: Lundgren Bros. Construction, Inc., 473 -1231 *Developer's Engineer: Sathre - Bergquist, Bob Payette, 476 -6000 B. SUMMIT AT NEAR MOUNTAIN (92 -4) 1. Maintenance bond (streets) expires 12/12/96. *Developer: Lundgren Bros. Construction, Inc. 473- 1231 *Developer's Engineer: Sathre - Bergquist, Bob Payette, 476 -6000 C. THE SUMMIT AT NEAR MOUNTAIN 2ND ADDITION (93 -2) 1. Maintenance bond (utilities) expires 11/8/95. 2. Maintenance bond (streets) expires 12/12/96. *Developer: Lundgren Bros. Construction, Mike Pflaum, 473 -1231 *Developer's Engineer: Sathre - Bergquist, Bob Payette, 476 -6000 D. CHAN HAVEN PLAZA 4TH ADDITION (92 -16) - ABRA /GOODYEAR SITE 1. Maintenance bond (utilities) expires 7/10/96. 2. No street work on this project. *Developer: Al Biesner, 560 -0246 Dolphin Development, Joel Harding *Developer's Engineer: Schoell & Madson, Ken Adolf, 546 -7601 E. OAK HILL /OAK POND 1ST ADDITION (93 -9) 1. Maintenance bond (utilities) expires 12/13/95. -16- 2. Maintenance bond (streets) expires 11/14/96. *Developer: Dean Johnson /Brad Johnson *Developer's Engineer: Meadowood Engineer, Bill Dolan, 890 -1272 F. BLUFF CREEK ESTATES 3RD ADDITION (93 -13) 1. Maintenance bond (utilities) expires 11/8/95. 2. Maintenance bond (streets) expires 1/9/97. *Developer: Chan Development Co., Gary Horkey, 440 -9400 *Developer's Eng.: James R. Hill, Marc Mogan, 890- 6044 *Contractor: Ryan Construction, Tom Ryan, 894 -3200 -17- V. SURFACE WATER MANAGEMENT PROJECTS A. Chaparral Pond 1. Project is almost complete. 2. This spring pond will be graded out, contours smoothed, and area seeded. 3. Need to monitor re- vegetation. 4. Work is being done by City Public Works. *Contact: Mike Wegler, Public Works, 474 -1987 & Diane Desotelle, Water Resources Coordinator, 937- 1900, Ext. 156 B. Chanhassen Estates Water Ouality Pond 1. This project is in conjunction with Project No. 93 -10. 2. Project is almost complete. 3. Surveyors to check contours and grades. 4. Area needs to be re- vegetated and monitored. *Consultant: David Mitchell, OSM, 595 -5699 *Contractor: Brown & Cris, 469 -2121 C. SWMP - Lotus 1. Three phase project includes excavation of wetland near Yuma Drive (Wetland 1), raise water table of wetland off of Bighorn Drive (Wetland 2), and stabilize the ravine to Lotus Lake. 2. Wetland 1 excavation is almost complete. Needs to be graded out, contours smoothed, and area seeded. 3. Areas where excavated soils were spread need to be seeded and monitored for re- vegetation. 4. Work on Wetland 2 will begin in March. 5. Work along ravine will begin in late spring or early summer. *Consultant: Phil Gravel, BRA, 636 -4600 *Contractor: Public Works (474 -4127) & Yet to be decided from bids D. Lake Riley 1. Plans have been designed but need to be fine tuned. 2. Received Corps permit. 3. Need to incorporate design with Lyman Boulevard expansion and John Klingelhutz development. fl I1 F u *Consultant: Phil Gravel, BRA, 636 -4600 *Contractor: Yet to be decided E. Wetland Restoration on Powers Boulevard 1. Project was in conjunction with Powers Boulevard Reconstruction Project No. 93 -29. 2. Wetland restoration and trail will be pursued even though road project is delayed. 3. Requesting bid from consultant. 4. Plans are to complete project by the end of the year. *Consultant: Jon Horn, BRW, 370 -0700 *Contractor: Yet to be decided F. Fox Path 1. Design completed. 2. Need to hold neighborhood meeting and fine tune. 3. Lower priority but hope to accomplish in 1995. *Consultant: Phil Gravel, BRA, 636 -4600 *Contractor: Yet to be decided -19- G. Lake Manaaement 1. Lake Management plans and newsletters completed for Lotus, Riley and Minnewashta. 2. Workshops to be held in late March. 3. Continue water quality monitoring. 4. Planning stage for projects. *Consultant: Steve McComas, Blue Water Science, 690 -9602 H. Bluff Creek Watershed Plan 1. Technical data to be collected and funding secured for coordinator. 2. May 1 - Hope to have watershed coordinator contracted through DNR working on project. 3. Plan will incorporate land use and natural resource management and Park & Rec. along the Bluff Creek corridor from Lake Minnewashta to the Minnesota River. *Contact: Diane Desotelle, Water Resources Coordinator, 937 -1900, Ext. 156 g: \eng \charles \status -20- FEB -22 -1995 09:35 L( MUNICIPAL, ( j AT M �..'�..lL � 11 r SS February 20, 19 I I Dennis Kraft Shakopee City Administrator Shakopee City Hall 129 Holmes Street South Shakopee MN 55379 P.01 18M Fifth Strcet Towers 15o South Fifth Street Minneapolis, MN 55402 -4218 Telephone: (612) 672 -3600 - Facsimile. (612) 672 -3777 r e- !2 f` 5;4 Dear Donn$, o p e b r ugry 8, the Board of Directors of the Municipal Legislative Comalisaion (MLC) unanimously and enthusiastically adopted a motion that would invite additional cities and counties to join the MLC as associate members in order to combat Representative Orfield's "tax based sharing" initiatives. As you know, the MLC is currently composed of twelve s ubur b s s w hich efforts t shown ti the bottom of this letterhead. Our group is adamantly oppo additional tax based sharing policies On our taxpayers. The MLC Board of Directors felt that additional support from e � abiliti Go b� counties d s uccess ful in defeating thee onerous tax part of the regivza will enhance Y we will eat policies. If we can increase Our size from twelve members to over 20, gr eatly increirae our legislative presence and chances of success. new members would As we discussed, :any additional funding that may be available due to be used for developing a public relations p1•ogram which would be undertaken by an outside public relations firm. ber war, not The amount of dues to be. abseseed against new mem ent dues cities Structur�' amolpnts t $�Z5 Per addressed at the MLC Board Meeting. Our curr capita with a $12,000 maximum. We would not expect new "associate members" to pay the full amount. I would like to propose associate membership dues for 1995 to be somewhere is the $1,000 to $2,1500 range, dependi on a city's size. Current MLC cities may have to pay an additional assessmetlt if additional funds are needed. an I am encouraged by the positive yesponse t1le MLC a rece tax a the C apitol a tax based organization that is willing to aggress el Y lig Member Cities: Apple Valley, Bloomington, Eagan, Eden Prairie, l:d.ina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury FEB -22 -1995 09 :37 P.01 I sharing. O clout and ability to preva will only be enhanced by new members. On behalf of the MLC, I would like to welcome everyone who desires to join. - I i will schedule an orgar►iVitional meet" as soon as we receive some w ri n g t that a dditional citisa and counties are willing to associate with the rdLC during the 1995 Legislative Session. Please feel free to contact me at 228 -9767 if you have any questions. Sincerely, Robert G. Renner, Jr. Lobbyist, MLC cc: Mayor Jny'I)sroey. MLC Clinir Bob Erickson. MLC Vice Chair DISTRIBUTED VIA MAIL AND FAX RCRjj"%j2_1 wGl• i 1 1 1 1 1 1 1 - t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MEMORANDUM C I TY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Public Safety Department staff Carver County deputies FROM: Steve A. Kirchman, Building Official DATE: March 4, 1995 SUBJECT: Parking I spoke with Todd Gerhardt on 3/3/95 suggestions that might be helpful. Seniors have protested about staff using p on Coulter Drive. Overflow parking by to the curbs east of the entrance to theul concerns about lack of patron parking spa that the east end of the lower east lot vehicles. Four additional City vehicle spaces must be maintained "VISITOR PARKING" "' any also comply with °reserved s Any additional suggestions cooperation! concerns. Todd had a number of king spaces adjacent to the entry of the Senior Center ff and deputies on Coulter Drive should be confined wer east parking lot. The library has also expressed ;s when staff uses the lower east lot. Todd has agreed be used provided that staff parking is limited to three soon add to the overc overcrowding PC: Todd Gerhardt, Assistant City g. \�safety\sak4nemos\psdTarking.ps l in the parking lots, and visitor in the west lot is between the City staff and deputies should Thanks for your 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 Administrator FROM: Diane Desotelle, Water Resources Coordinator DATE: March 7, 1995 SUBJ: Update on the water quality project near Lotus Lake This is an update on the status of the water quality project near Lotus Lake. Staffs goal is to keep you informed of the status and give a presentation on the whole project after it is completed. We hope to complete the project`', by the end of 1995. Essentially there are three phases to this project which I will discuss below: Phase I : This includes the excavation of approximately 5,000 cubic yards of material at the wetland along Yuma Drive (Wetland 1 on the attached figure). Public works staff has completed most of the work. There is still some brush to be cleaned up and some of the side slopes may need fine - tuning. We may do some seeding in the spring to expedite re- vegetation. The three sites that received the material, via a Council approved interum use permit, have been graded out. Erosion control will be installed where necessary as soon as we see changes in the weather. These areas will also be seeded to expedite re- vegetation. Staff is working on obtaining drainage easements from both Jeff Kleiner and Mike O'Kelly to install a storm sewer pipe along their property line to discharge into the sediment basin excavated on the east side of Wetland 1. Bonestroo and Associates is performing the engineering for the pipe size and installation. This, along with reconstruction of the wetland outlet and storm pond outlet off Woodhill Road, will be done this string Phase II and III This phase includes raising the water table of Wetland 2 and stabilizing the ravine to Lotus Lake. Originally we were looking at raising the water table of Wetland 2 three feet and constructing a sediment pond at the outlet of the ravine near Lotus Lake. After some initial feedback from our first neighborhood meeting on December 14, 1994, we have changed the specifications. First the water table of Wetland 2 will be raised only two feet and the berm will not be raised at all. This will reduce the nutrient retention capabilities by only 12 percent Don Ashworth March 7, 1995 ' Page 2 and is acceptable to the neighbors. Large storms will continue to overflow the berm as they always have. Second, we have eliminated the sediment pond at the mouth of the ravine. There would be too much tree loss. Furthermore, slope stabilization and re- vegetation will be done with bioengineering techniques to reduce the sediment loads by stabilizing some heavily eroded slopes along the ravine. The channel of the ravine will be re- aligned in order to assist the channel in finding a more stable meander. The existing channel is a bit out of wack due to increased flows resulting from development and the creation of additional impervious areas. Eroded slopes will be stabilized, some trees will be removed to increase sunlight to the area, and an array of various plants will be added to the area to help tie down the soils. Some surface flow over the top of the ravine banks from down spouts and yard runoff will also be routed to controlled areas to reduce erosion. After our second neighborhood meeting on February 13, 1995, we found that the neighbors are pleased overall with the project. The sediment pond shown just south of Wetland 2 will be used ' to route most of the ravine through Wetland 2. We hope that these changes will alter the characteristics of Wetland 2 by creating deeper water ' for emergent vegetation. The water quality into Lotus Lake will also improve. This, in combination with future SWMP projects around the lake and lawn care and watershed education, will also help improve the overall water quality draining into the lake. g:\ eng \diane \swmp \yumaproj \update.cc II , m m v v s n G Z /,--, / 8 m m \1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 o� z �, �• amp to N �> NO O � � r� C� 8 m m \1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 CITY OF CHANHASSEN I March 8, 1995 i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Mr. Bruce H. Johnson 7000 Derby Drive Chanhassen, MN 55317 ' Re: Drainage Complaint - File No. SWMP -19UU I Dear Mr. Johnson: I received your letter regarding surface drainage problems in your backyard and also discussed ' this matter further with Mr. Bill Bement of the Engineering Department whom you referenced in your letter as having had previous meetings with. Your letter you stated a few items of which I have some concerns. First of all, you .indicated that there has been a low area across your ' backyard which has been a drainage problem since your home was built in 1987. If this is true, you should have brought this to the attention of your builder back then so that the problem could have been rectified promptly. Most home builders offer a one -year warranty period so that even ' if the problem was not noticed when you moved in you would likely have had a 12 -month period to acknowledge a builder- related grading problem. Notifying the City 6 years after the fact does not allow for reasonable determination of the cause, whether it be the builder's grading, settlement ' or something else. Second, you indicated that you learned from discussions with Mr. Bement that drain tile was ' installed under the curb on Preakness and along Derby Drive adjacent to your '`lot during the construction of these streets. -It is your assumption that this drain tile was put in due to drainage problems. You are correct with regard to subsurface drainage; not surface drainage. It is ' important to point out that drain tile is a device used along roadways constructed in areas of saturated soils or high ground water. The fact that your sump pump runs quite often is due ' largely in part to subsurface drainage as well as „some surface drainage. High groundwater tables and spring formations are common in this southwest metro/Lake Minnetonka area. ' Finally, you stated that your neighbor to the south recently ran their sump pump hose to their sideyard which runs directly into the low area of your backyard exacerbating the problem. I strongly recommend that you make contact with your neighbor to seek cooperation in modifying Mr. Bruce H. Johnson March 8, 1995 Page 2 the location of their discharge point. If you so desire, Mr. Bement and a member of the Building Department can meet with you and your neighbor to discuss proper sump pump discharge location and the corresponding City Ordinance. I can offer two solutions for you to resolve your problem. The first is to haul in a small amount of material to fill in the low area and grade some drainage swales around the northwest and southwest portions of your lot. If the quantity of Ell is less than 50 cubic yards you do not need a City permit; however, we would be happy to advise you on this operation. Your other option would be to add some shallow draintile from the low area and your sump pump which could be extended down to the City's roadway drain tile system. This work in City right -of -way would require a permit. In either alternative, unless you could obtain cooperation from your builder, you will be responsible for all associated costs. In conclusion, while I empathize with the frustrations of dealing with a drainage problem, I am quite confident that any responsibility related to your builder could have and should have been dealt with promptly. Due to the amount of time that has elapsed it is impossible to determine whether the initial grading was incorrect, whether the area in the backyard has settled over time or what else may have been the cause. Sincerely, CITY OF CHANHASSEN Charles D. Folch, P.E. Director of Public Works /City Engineer CDF:ktm c: Don Ashworth, City Manager Dave Hempel, Assistant City Engineer Bill Bement, Engineering Technician II g :1e ngkha rle sl ette rs \johns on. l