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Administrative SectionADMINISTRATIVE SECTION Birth Announcement for Grant Trenton Hempel. Letter from Lake Lucy Environment Preservation Committee dated May 17, 1995. Letter from Robert Langley, Triax Cablevision dated May 1, 1995. Letter from Minnesota Department of Health dated April 13, 1995. Letter for Steve Midthun dated May 9, 1995. Letter to Chanhassen Area Residents from OSM dated May 15, 1995. Memo from Diane Desotelle dated May 15, 1995. Letter to Tim McGee dated May 15, 1995. Construction Notice for Galpin Blvd. /Coulter Blvd. /T 5 & Upper Bluff Creek District dated May 17, 1995. Letter from Edward Towey, HGA dated May 12, 1995. A Note of Thanks to Todd Hoffman dated April 20, 1995. Memo from Kate Aanenson, Planning Director dated May 17, 1995. Articles from the Chanhassen Villager re: Park and Trail Task Force dated May 18, 1995. Announcing the aarivaf of He mpef Grant Trenton May 17, 1995 at 4:19 p.m. 20 inches 8 tbs. 9 oz. Proud parents: Dave anilSa!!y He mpel � IME WeV ENVIRONHENT � PU5ERVATION CONN(IfEE 1 ' May 17, 1995 Chanhassen City Council Chanhassen Planning Commission Chanhassen City Staff Dear City Officials And Staff, Given that the Planning Commisssion has given their ' recommendation regarding the development being proposed by Michael J. Byrne known as Lake Lucy Estates, Case #95 -3 SUB 95 -1 REZ, the Lake Lucy Environment Preservation Committee respectfully ' requests that prior to this plat being voted on at any City Council Meeting that the applicant be required to comply with City Ordinance ' Sec. 18 -39(c) which states: If a development is proposed adjacent to a lake, or will affect the ' usage of the lake, the applicant shall provide the city with a list of property owners abutting the lake at the time of the ' application. The city shall provide mailed notice to the lake homeowners as in compliance with the procedures above. ' Furthermore, we respectfully request that the property owners be given adequate time (e.g., 1 to 2 weeks) to review the applicant's final plat in its entirety along with the completed Staff Report and minutes of the May 17, 1995 Planning Commission Meeting. ' 6 NOTE. City Council has until July , 1995 to render a determination ' on this application. D All, TRIAX ee fir CABLEMSION �- 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 , 507/835 -5975 fAX 507- 8351,4567 May 1, 1995 Franchise Authority �o%A � City of Chanhassen P.O. Box 147° Chanhassen, MN 55317 THE ERA IS HERE FOR INTERACTIVITY. THE SEGA CHANNEL IS A TREMENDOUS ENTERTAINMENT OPPORTUNITY FOR THE WHOLE FAMILY. Dear City Administrator: Interactive entertainment via Triax Cablevision premiered on May 1,1995, as the Sega Channel launched its innovative service in Chanhassen. Sega Channel will be the cable industry's first interactive service, providing Sega Genesis video games on- demand, 24 hours a day. Triax Sega Channel subscribers can choose from a huge selection of up to 50 games including popular hits, special versions of soon- to -be- released titles called "Test Drives," gameplay tips, news, contests, and promotions. Programming will be updated monthly to keep the Channel exciting and fresh. All 500+ existing titles from'Sega and its third party publishers are candidates for Sega Channel gameplay. The Triax Sega Channel is a great value. Cost per month will be $12.95, with a one time activation fee of $25.00. To the avid gameplayer, the most exciting feature of Sega Channel is its Test Drives. Test Drives are sneak interactive previews of not- yet- released- at- retail video games, specially - packaged for Sega Channel. During month one of Sega Channel, "Bernstein Bear" and "Coach K College Basketball" will be showcased as Test Drives. Test Drives will be limited play in terms of number of levels or time allotment, and will not be available for complete play on the Channel until three to five months following their retail release. The Sega Channel also includes a security feature - Password for Parents - which allows parents to select which video games enter the home according to age appropriateness and Entertainment Software Rating Board video game rating. Parents initiate the program via an easy -to -use PIN number system. Once activated, a child cannot download any game outside the parent - selected game rating level. The Sega Channel concept was developed by three entertainment leaders- - Sega of America, Inc., Tele- Communications, Inc.(TCI), and Time Warner Entertainment Company, L.P. Minnesota Department of Health Division of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459 -0040 (612) 627 5100 4'40�'7� DATE: April 13, 1995 TO: Mr. Eric Kramer 1720 Louis Lane J t +ter( r 1 1'1- nncsot CJCn�l1 IIUJV,fyJ, I U JVJJ FROM: Karla R. Peterson, Licensing Officer Section of Drinking Water Protection SUBJECT: Waterworks Operator Examination Results 6';' 73.5 It is a pleasure to inform you that you have passed the written examination for water supply system operator, Class C. Upon receipt of the $15 certification fee and the yellow remittance copy of this letter that is enclosed, your application will be submitted to the Certification Council for final approval. The certification fee should be made payable to the Minnesota Department of Health and should be mailed to: Public Water Supply Unit Minnesota Department of Health 925 Southeast Delaware Street P.O. Box 59040 Minneapolis, Minnesota 55459 -0040 Your written examination is available for your review up to 60 days after the date of the examination. If you would like to review the examination for Your own information, please call Karla Peterson at 612/627 -5169 or Marilyn Krause at 612/627 -5181. -- You are to be commended for the interest you have shown in the waterworks field and the effort made to meet the requirements for certification. KRP:cls Enclosure cc A� , . I May 9, 1995 City of Chanhassen Organized Collection Committee As a volunteer from our neighborhood I circulated the attached petition favoring organized collection. I have collected 23 signatures calling on a total of 26 houses. In describing organized collection, I mentioned the following points. 1. Neighborhood would have 1 hauler. 2. It most likely would not be their picked hauler. 3. There most likely would not be a savings, but there could be. 4. They might have to switch the type of cans used. 5. We would have 1 garbage day. 6. We would cut the number of trucks to 1/5 of our present traffic. 7. Less trucks mean less wear and tear on our streets. Three people who did not sign gave the following responses. 1. Resident did not want the government involved. 2. Resident did not like the cans used by the other haulers. 3. Resident was in favor of our neighborhood switching to one as long as the new service provider would provide the same services as his current hauler (Woodlake). The above represents a good sampling of our neighborhood. I believe that if I continued to call on every house I would receive a similar response rate. With Cub Scouts, two kids in the little league and a baby, this is all I could fit in presently. Our neighborhood currently has 5 haulers and 5 recycling trucks a week. We have at least 4 garbage days. We are also on a dead end street. I think it is the City's role to organize collection in neighborhoods like ours. We do not have an association, so mandating on our own would be difficult. I dislike increased government involvement in our lives, but when it comes to health and safety issues we look for your help. Sin erely, A Steve Midthun 6510 Fox Path Chanhanhassen Tel: 470 -1767 PETITION SUPPORTING ORGANIZED COLLECTION IN THE CITY OF CHANHASSEN We the undersigned urge the Chanhassen City Council to ratify the Organized Collection Recommendations proposed by city staff and enter into a contract with haulers to organize garbage collection with in the City of Chanhassen. We believe that the benifits of organized collecttion such as a decrease in garbage collection costs, reduction of road ware and tear and diminished environmental impacts far out wiegh our consern over our choice of hauler or service day. NAME ADDRESS 9. 10 17 ` , �z �l i //� r � ��o �. HID 1 r."f" �AT-11 2. 3. IV14 eF W ' 4. l SOij L> I 't k'�� 6. 8. f 9. 10 17 ` , �z �l i //� r � ��o �. HID 1 r."f" �AT-11 PETITION SUPPORTING ORGANIZED COLLECTION IN THE CITY OF CHANHASSEN We the undersigned urge the Chanhassen City Council to ratify the Organized Collection Recommendations proposed by city staff and enter into a contract with haulers to organize garbage collection with in the City of Chanhassen. We believe that the benifits of organized collecttion such as a decrease in garbage collection costs, reduction of road ware and tear and diminished environmental impacts far out wiegh our consern over our choice of hauler or service day. N 1. 3. 4. 5. 7. 9. 10. 12. ADDRESS 7 A C On 0'MSX Sclielen Mayeron & Associates, Inc. May 15, 1995 Chanhassen Estates Area Residents Chanhassen, MN ' Re: Resident Update Letter No. 11 The 1st & 3rd Additions - Chanhassen Estates Street Reconstruction and Utility Improvements ' City Project No. 93 -10 OSM Project No. 5108.00 I Dear Resident: Ad 1 I- eA 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416 -1228 612 -595 -5775 1- 800 - 753 -5775 FAX 595 -5774 Engineers Architects Planners Surveyors ' Spring is upon us and with any luck summer is just around the corner. As I mentioned in January there are only a few tasks left to complete and the improvement project to your area will be complete. A number of you have called in the past couple of weeks informing ' me of some concerns that you have had once the snow melted. These concerns will be passed on to the contractor as soon as work begins. I will be meeting with the contractor this week to discuss the tree planting, sod repairs, and other clean -up items. The following ' is an anticipated schedule for the remaining work. I would like to qualify this schedule by saying, weather, as always, has a major affect on the schedule. ' Boulevard Tree Planting - The primary task that was not done this fall was the planting of new boulevard trees. The primary reason for not planting last fall was that the varieties of trees selected for planting on this project are better suited for spring planting. The ' contractor has indicated to me that the trees will be planted before June 9th. We will be staking the location of the new trees prior to the installation. If you would like the tree in a different location than what is staked, please contact me so that we can discuss a possible ' new location. Sod Repairs - A number of you have called and informed me of areas of sod that have ' either died, or are very rough, or do not drain well. The contractor is responsible for the sod repairs this spring. Phil Tipka, OSM's construction representative, will be examining the entire project and will work with the contractor to try and address all of the problem ' areas. My intentions are to have all of these repairs completed before June 9th also. If you have any concerns that you feel may be overlooked, please let Phil or I know about them ' so that they are taken care of. Final Bituminous (Blacktop) Laver - The warmer the weather is when this work is done the better the end product is. Most contractors who do this work do not like to put the final ' layer, the wear course, before June 15th. I anticipate this work being done at about that time. Ideally, this will be the last thing done in the area. J:\5108.00\CrV1L\C0RRES\0515951kM Equal Opportunity Employer Chanhassen Estates Area Residents Chanhassen, MN May 15, 1995 Page 2 Bituminous Trail - The trail proposed along Rice Marsh Lake from the Eden Prairie border to the park near Erie Circle will be completed on or before June 15th also. The contractor will be fine grading the area prior to paving the trail. Some cleanup and restoration work will be done after the paving of the trail. Water Qn&ity Treatment Pond - The treatment pond was excavated a few months ago. Some modifications to the outlet for the pond will be done before this portion of the project is complete. There are some minor cleanup and restoration tasks to be completed in this area also. These items should be finished prior to the paving of the trail in the area. If you want to contact Phil Tipka to discuss final project completion, his mobile number is 889 -4029 or his digital pager is 621 -3132. If problems arise or if you have questions, please contact me at 595 -5699. OSM, the City of Chanhassen, and Brown and Cris, Inc., have appreciated your patience and cooperation throughout this project. Thanks again. Sincerely, David D. Mitchell, P.E. Project Manager c: Charles Folch - City Engineer Don Ashworth - City Manager Mayor and Council Phil Tipka - OSM Greg Brown - Brown & Cris J:\5108.00\CML\CORRES\051595.RES Li CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Diane Desotelle Ater Resources Coordinator DATE: May 15, 1995 SUBJ: Wetland Regulatory Simplification I am pleased to inform the City Council that the City of Chanhassen has been selected as one of the pilot local governments to implement a general permit under Section 404 of the Clean Water Act for impacting less than three acres of wetland. The City will also continue to administer the State Wetland Conservation Act. The Section 404 permit is usually issued by the U. S. Army Corps of Engineers, but the federal and state agencies involved with wetland legislation are trying this program in order to provide "one -stop shopping" for wetland permit applications. The permit is scheduled to take effect on June 1, 1995. A training session will be offered May 18, 1995 in St. Cloud to provide the City ' with the information and resources to make this initiative successful. Attached is some additional information on the program. Chanhassen was chosen as a pilot local government because of their strong efforts to implement local wetland and surface water management plans and ordinances. This program will be an added service to the public and private sector working in this community. If the pilot program proves successful it may be implemented among all local governments with appropriate plans and ordinances. Attachments c: Charles Folch, City Engineer Dave Hempel, Assistant City Engineer g Aeng \diane \wetlands \gp 17cc.m em MEMORANDUM l��t ry Ij1��l(1 2�J' April 21 1995 Date: , " n td Water &Soil To: Local Government Units Approved for Resources General Permit 17 (see attached list) FbI r? Mir From: John Jaschke One West'Water Street Wetland Management Speciali Suite 200 St. Paul, MN 55107 Subject: GENERAL PERMIT 17: 296 Fax ( 297- 612) 297 -5615 WETLAND REGULATORY SIMPLIFICATION Fax ( Field Offices Northern Region: Your local government unit has been selected as one of the pilot local 394 S. Lake Avenue governments to implement General Permit 17 (GP -17) which provides "one -stop- Room 403 shopping" for persons impacting less than three acres of wetland. Under GP -17, Duluth, MN 55802 (218) 723 -4752 receipt of a local government replacement plan approval via the Wetland Fax (218) 723 -4794 Conservation Act procedures means landowners no longer have to also get Section 404 approval or permits from the U.S. Army Corps of Engineers. This 3217 Bemidji Avenue N. Bemidji, MN General Permit is a major step towards achieving significant wetland regulatory 56601 (218) 755 -4235 simplification in Minnesota. This opportunity for local governments to Fax (218) 755 -4201 administer wetland protection regulations on a state -wide programmatic basis -- in lieu of the Federal 404 Program -- is the first in the nation to transfer federal 217 S. 7th Street Suite 202 authority to local governments on a broad basis. Although implementation of Brainerd, MN 56401 -3660 GP -17 will reduce duplication of effort, it also translates into a high degree of (218) 828-2383 responsibility for all of you to do a good job and show the benefits this Fax (218) 828 -6036 arrangement can provide in terms of cost - efficiencies and improved public Southern Region: service. Highway 15 S. Box 756 GP -17 will be signed shortly and is scheduled to take effect on June 1, New Ulm, MN 56073 (507) 359 -6074 1995. We will be sponsoring a training session sometime in mid -May to provide Fax (507) 359 -6018 you with the information and resources to make this initiative successful. Robyn Molina will be contacting you shortly to select a date. 40 -16th Street SE Suite A Rochester, MN 55904 As an incentive to make this regulatory simplification initiative a (507) 285 -7458 workable reality, the Board of Water and Soil Resources is prepared to provide Fax (507) 280-2875 you with an additional grant through the Natural Resources Block Grant Program Box 267 if additional effort is made on the part of your local government to achieve true 1400 E. Lyon Street regulatory simplification. Details of the grant will be forthcoming at or before Marshall, MN 56258 (507) 537 -6060 the May training session. Fax (507) 537 -6368 Please call me at (612)297 -3432 if you have any questions. Metro Region: One West Water Street attch. Suite 250 St. Paul, MN 55107 (612) 282 -9969 c: Ron Harnack, Executive Director Fax (612) 297 -5615 Greg Larson, Administrator, Water and Land Section Wayne Zellmer, Grants Coordinator An equal opportunity employer Robyn Molina, Land and Water Section Secretary Printed on recycled paper Board Conservationists Interagency Wetland Group a:gp17.5 GP -17 -MN ATTACHMENT B GP -17 -MN Applicants /Selected Local Government Units page 1 of 2 Mr. Jack Wimmer Stearns County Administration Center, Room 343 705 Courthouse Square St. Cloud, MN 56303 612 -656 -3613 FAX 656 -6130 Mr. John Sumption Wetlands Act Administrator Cass County Courthouse P.O. Box 3000 Walker, MN 56484 218 -547 -3300 FAX 547 -2440 Ms. Linda Meschke Water Plan Coordinator Martin County Room 102 210 Lake Avenue Fairmont, MN 56031 507 - 238 -3221 FAX 238 -3259 Mr. Gerry Wind Environmental Engineer City of Lakeville P.O. Box 957 Lakeville, MN 55044 612 - 469 -4431 FAX 469 -3815 Mr. Clifton Aichinger Administrator Ramsey- Washington Metro Watershed District 1902 East County Road B Maplewood, MN 55109 612- 777 -3665 FAX 777 -6307 Mr. Dan Money Kittson Water Plan Coordinator Kittson Soil and Water Conservation District P.O. Box 185 Hallock, MN 56728 218 - 843 -3333 Mr. Tim Kelly District Administrator Coon Creek Watershed District 12301 Central Avenue NE Suite 100 Blaine, MN 55434 612 -755 -0975 FAX 755 -0283 GP -17 -MN Applicants /Selected Local Government Units Mr. Doug Easthouse Lake of the Woods Soil and Water Conservation District P.O. Box 217 Baudette, MN 56623 218- 634 -2757 FAX 634 -3067 Mr. Brad Grant Becker County Soil and Water Conservation District 809 8th Street SE Detroit Lakes, MN 56501 218 - 847 -2651 Mr. Keith Pohl Crow Wing County 5122 NE C Street Brainerd, MN 56401 218- 828 -7880 Ms. Diane Desotelle, P.E. City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 612- 937 -1900 x156 FAX 937 -5739 Mr. Roger Berggren Mille Lacs County Soil and Water Conservation District 560 125th Avenue SW P.O. Box 7 Milaca, MN 56353 612- 983 -2154 Ms. Ann Perry Director of Planning City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, MN 55345 612 - 939 -8200 FAX 939 -8244 Mr. John M. Klaers City Planner /Zoning Director City of Hermantown 5255 Maple Grove Road Hermantown, MN 55811 218 - 729 -6331 FAX 729 -9860 Ms. Helen McLennan District Manager Morrison Soil and Water Conservation District Route 4, Ag Service Center Little Falls, MN 56345 612 - 632 -6606 FAX 632 -3344 page 2 of 2 APR 1 9 1995 DEPARTMENT OF THE ARMY PERMIT Permittee The General Public in Minnesota Permit No. CP -17 -MN Effective Date June 1. 1995 St. Paul District Issuing Office U.S. Army Corps of Engineers NOTE The term 'you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. The general public in CERTAIN AREAS AS DESCRIBED BELOW in Minnesota is authorized to perform work in accordance with the terms and conditions specified below. Project Description: The general public in the State of Minnesota is authorized, under Section 404 of the Clean Water Act, to conduct certain discharges of dredged or fill materials, as described below, into waters of the United States, including wetlands, provided the projects which involve the discharges are regulated and approved by a local government unit (LGU) as designated pursuant to the Minnesota Wetland Conservation Act (WCA) (MN Rules Part 8420.0510 to 8420.0630) and as identified in Attachment B of this permit. Note that not all LGUs in Minnesota are designated to participate in this general permit. D&PORTANT This general permit is valid ONLY in the LGU areas designated in Attachment B. Further, this general permit is valid ONLY for WCA- approved projects that include activities which involve draining or filling NOT MORE THAN 3 (three) acres of existing water/wetland area. Also, this general permit is valid for projects which involve excavation or inundation up to a 3 total acres (including any filling or draining) of wetland that are regulated by local government ordinances which are consistent with the permit evaluation procedures the Wetland Conservation Act requires for draining and filling. CAUTION: Not all activities that involve a discharge of dredged or fill material are regulated by the Corps under Section 404 of the Clean Water Act or are eligible for authorization under this general permit Further, in some cases, certain restrictions or requirements apply. Carefully note all of the exclusions, limitations, and conditions described below. = All waters of the United States, including wetlands, in the State of Minnesota that are subject to the jurisdiction of the Minnesota Wetland Conservation Act, except the specific areas excluded below. EXCLUSIONS The following discharges of dredged or fill material are NOT AUTHORIZED by this general permit: 1. WCA EXEMPTIONS Activities which are exempted, or not regulated, by the Minnesota Wetland Conservation Act (note Attachment A —WCA exemptions), or not regulated by the local government unit by ordinances consistent with the procedures of the Wetland Conservation Act. 2. CALCAREOUS FENS Activities within, or in wetlands adjacent to and within 1,000 feet,nf, a.calcarenus fen ae identified by the Minnesota Pollution Control Agency in Minnesota Rule Chapter 7050. 3. CERTAIN WETLANDS IN CULTIVATED FIELDS Wetlands in a cultivated field, as defined in MN Rule 8420.0100, Subd. 53, unless evidence of compliance with Minnesota Rule 8420.0520, subpart 1, items A through E, is provided. I ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 320 -330) 4. OTHER AUTHORIZATION DENIED Activities which are denied any required local, State, or Federal authorization. This general permit is not valid for any project unless and until all other required authorizations are granted. 5. FEDERAL ENDANGERED SPECIES No activity is authorized under this general permit which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non - Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Should the District become aware through contact with the U.S. Fish and Wildlife Service, or other means, that a project may jeopardize a species as described above, the District will advise the applicant that the project may not be eligible for authorization by the general permit. Consultation procedures, pursuant to the Endangered Species Act will be initiated by the District. 6. HISTORIC PROPERTIES No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized under this general permit until the District Engineer has complied with the provisions of 33 CFR 325, Appendbc C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Should the District become aware, through contact with the Minnesota State Historical Society, or other means, that a project may affect historical properties as described above, the District will advise the applicant that the project may not be eligible for authorization by the general permit. Consultation procedures, pursuant to the National Historic Preservation Act will be initiated by the District. In addition, if the prospective permittee discovers any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, the permittee must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 7. Projects which the Corps believes would result in more than minimal impacts or which could result in unacceptable cumulative impacts are not authorized by this general permit SPECIAL CONDITIONS: 1. SPECIAL WATERS/WETLAND AREAS Activities in, or in wetlands adjacent to and within 1,000 feet of, any of the following areas are NOT authorized under this permit UNLESS AND UNTIL the project proponent obtains a project - specific water quality certification, under Section 401 of the Clean Water Act, from the Minnesota Pollution Control Agency: Outstanding Resource Value Waters as designated in Minnesota Rules, chapter 7050. 2. WETLANDS ADJACENT TO CERTAIN LAKES AND LARGER WETLANDS: This GP does not authorize any activity that would result in draining and /or filling more than 1/2 acre of wetland within a shoreland area as defined in Minnesota Rule Chapter 6120. PERMIT GENERAL CONDITIONS: L The permittee must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. 2 If a conditioned Clean Water Act Section 401 water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions of this permit. 3. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of the permit. 4. The permittee shall utilize best management practices on the project site to minimize the potential for adverse impacts associated with erosion and sedimentation. 5. Violations of State or local regulations on projects subject to this general permit will be enforced through procedures in the Wetland Conservation Act or local ordinance. However, the St. Paul District shall retain the right to enforce all applicable laws and regulations pertaining to Section 404 of the Clean Water Act, independent of any enforcement actions pursued by the LGU. 6. The St. Paul District shall retain the final authority to determine the extent of jurisdictional wetlands pursuant to Section 404 of the Clean Water Act- Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following. a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 3 Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. This permit will become effective on June 1, 1995, after the Federal official, designated to act for the Secretary of the Army, has signed below. This permit is valid for 5 (five) years, unless it is sooner revoked, modified, or reissued; however, project - specific authorizations granted under this permit remain effective as long as they are in compliance with all of the conditions and provisions of this permit or until revoked or suspended by the District Engineer. a"o (DISTRICT EN E1, �a''"" (DATE) J'A , Colonel, Co" Engineers District Engineer 4 GP -17 -MN ATTACHMENT A MINNESOTA WETLAND CONSERVATION ACT (WCA) EXEMPTIO NOTE: This is a summary. Refer to the WCA and/or implementing regulations, or contact your LGU, for a more comprehensive description of WCA exemptions. 1.) Wetlands that have been cropped at least 6 of the 10 years prior to 1/1/91. 2.) Areas enrolled in the Federal Crop Reserve Program that have been cropped at least 6 of 10 years. 3.) Drainage system maintenance and repair work that does not affect wetlands that have existed for more than 20 years. 4.) Activities in wetlands which have received a commenced drainage determination by the Agricultural Stabilization and Conservation Service. 5.) Certain activities exempted from Corps Section 404 regulation are also exempted by the WCA. Such activities do not require either Corps or WCA authorization. 6.) Activities authorized under Corps of Engineers Nationwide Permits 3, 4, 5, 6, 7, 12, 13, 14 (except new roads), 15, 16, 17, 20, 21, 22, 23, and 25. 7.) Type 1 wetlands on agricultural land. Refer to the WCA definition of agricultural land. 8.) Type 2 wetlands less than 2 acres in size on agricultural land. 9.) Wetlands restored under a contract that allows drainage. 10.) "Accidental" wetlands formed by beavers, culvert blockage, and government- approved projects. 11.) Utility Line placement which impacts less than 0.5 acre of wetland/water area. 12.) Utility line maintenance projects. 13.) Interstate pipeline projects. 14.) Temporary roads constructed for forestry activities. 15.) Permanent roads constructed for forestry activities. 16.) Public road maintenance work- 17.) Public works projects which do not drain or fill wetlands. 18.) Private structural projects which do not drain or fill wetlands. 19.) Duck Blinds. 20.) Aquaculture activities that are authorized by the Corps of Engineers. 21.) Wild rice production projects that are authorized by the Corps of Engineers. 22.) Weed and pest control that does not drain or fill wetlands. 23.) Activities on land enrolled in the Federal Farm Program_ 24.) Development projects approved between 7/1/86 and 1/1/92. 25.) Projects that impact less than 400 square feet of wetland. CITY OF CHANHASOrm 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 May 15, 1995 Mr. Tim McGee 1411 Mallard Court Chanhassen, MN 55317 Dear Tim: The enclosed document is sent in response to your past interest in the city's proposed park referendum. This report was presented to the city council on May 8, 1995. Upon completing their discussion that evening, the council moved to establish a referendum task force. If you desire more information in this regard, please contact me. Thank you for taking an active role in shaping the future of Chanhassen. Sincerely, Todd Hoffman, CLP Park & Recreation Director TH:k Enclosure c: Mayor and City Council Park & Recreation Commission P What's the plan and what are we buying here? By Tim McGee The park behind our home is beginning to take shape. I appreci- ate the park board's ability to preserve space in my neighborhood for a park. And now that the board is forming a commission to ask us for more money to support such endeavors, my first reaction is to support them in their efforts. There is a small voice from within, however, that says, "Hold on. What are they asking for ?" I've been to one meeting of the Parks and Recreation board. Our neighborhood was invited to discuss the future of parkland behind our homes. The meeting began at 7 p.m. and it became apparent that our neighborhood park was not first on the list. I, along with a large contingency of homeowners from the neighborhood, waited until after 9 p.m. until that for which we were invited became the topic of discus- sion. After a spirited debate between neighbors and board members, the discussion was tabled. We were told that the decision on what sort of park would take shape wouldn't need to happen right away anyway because the money wasn't available for another three to five years. I had seen many issues come before the board that evenin& and had not seen the board act on a single occasion. While many seemed to be issues of available funds, even those that did It seems to me! not require money were tabled until the board could receive "more information." I left the meeting feeling cheated. While part of my displea- sure was with being invited to a meeting in which there was no way to make a decision on that which we were discussing, part of it also was a displeasure with the process. I watched a board examine issue after issue and not come to any decision whatsoever. With each issue, the board either needed more time, more information or more money. I truly believe the discussions on each issue would have been shorter if the board had the ability or the inclina- tion to'say, "OK, let's go with it" or "No, we won't support that." Todd Hoffman, director of parks and recreation, has said that the commission must act quickly to keep ahead of the game. My question is whether the board is prepared to act quickly. Acting quickly is much more than deciding what dollar amount to put forth to the residents of Chanhassen. What is needed here is a detailed plan. What land is targeted for sale? What are the plans for the land once it is purchased? What's the timeta- ble for development of those lands? These are questions which should be answered, must be answered, before the question of how much it costs is asked. While I, personally, would support a detailed plan for building parklands in our communi- ty, I will not write a blank check. It seems to me that giving the park board enough money to act is not enough to provoke action. The board I saw in action was a board unable and seemingly unwilling to take action. We need to see what actions they plan and how and when they intend to implement those actions. My advice to the commission formed to study the referendum: get your information in place now, before you ask for my money. The, only thing worse than asking for ;_ money is not having a clear plan fdr it once you get it. (Tim McGee is a Chanhassen y resident and regular columnistk" the ri!/ager.) y Tim McGee gk�. A CITY OF CANNA1111 CONSTRUCTION NOTICE REPORT NO. 2 DATE: MAY 17, 1995 GALPIN BLVD. / COULTER BLVD. / TH. NO. 5 & UPPER. BLUFF CREEK DISTRICT - PHASE 2B CITY PROJECT NO. 93 -26A BRA FILE NO. 39329 Bonestroo 0 aosene Anderilk & ASSOClates inglnf rt i Arcmtccts St. AeuL MInnesote Dear Resident: This is a general project update notice to keep you informed of the reconstruction of Galpin Boulevard that will be completed this summer. The City has entered into a construction contract with S.M. Hentges, Inc. of Jordan to complete the street work. This is the same contractor that completed the utility work last year, Construction is scheduled to begin the week of May 22, 1995. As part of the project Galpin Boulevard will be dosed between Timberwood Drive and Highway 5 until the end of August. Obviously the road closure will effect your daily driving. The purpose of the road closure is to allow the contractor to complete the work as quickly and safely as possible. The construction will consist of lowering Galpin Boulevard and widening it to a 52' wide urban road with concrete curb and gutter. An 8 foot concrete walk will be constructed on the east side of the road. Construction will also include completing Coulter Boulevard along the south side of the school site and installing a traffic signal at Highway 5. If you have any questions or comments, you may contact the following people: Project Construction Field Office Dave Zielinski - Project Inspector, Phil Gravel - Project Construction Engineer: Jim Unruh - Project Design Engineer: Charles Folch - City Engineer: Jim Kephart - Contractor's Representative: Marty Timmons - Contractor's Superintendent: 474 -0512 636 -4600 voice mail #209 636 -4600 voice main #385 332 -0421 937 -1900 ext. #106 492 - 5700 492 -5700 or 889 -4123 C cc � // J� C41 G. L THANK YOU FOR YOUR COOPERATION AND PATIENCE Re: New Elementary School- Chanhassen ' Mediation HGA Commission Number 1400.003.00 Dear Dave and Art: The mediation on the claim of the General Contractor for delays caused by the late issuance of building permits was continued until May 10, 1995, for the City and School District to consult and review with their respective boards, counsels, and employees, regarding their ability to contribute additional funds towards the settlement of this claim. It is my understanding from conversations that David Leschak has had with representatives of the School District that the City and School District are not willing to increase their contributions towards settlement of this matter. Because of the disparity between the demand of the Contractor and the offer of the Owner, I do not believe we will be successful in settling this claim. I wish to thank everyone that attended the mediation representing the various parties and interests. I believe everyone approached the mediation in a'good faith' manner. With the closing the mediation, I am also enclosing with this letter the decision of the Architect in regards to the Contractor's claim. 141r rr, Hammel Green and Abrahamson, Inc. C C , o I {� ' Architecture • Engineering • Interior Design 1201 Harmon Place Minneapolis, Minnesota 55403 -1985 C �l G� ' Telephone 612 •337 •4100 Telefax 612 •332 •9013 A ON A ' �w �N 1 1 V/ WRITERS DIRECT DL4L MAIIBER 12 May 1995 612/337 -4420 Mr. David Clough Superintendent of Schools ' Independent School District #112 110600 Village Road ' Chaska, Minnesota 55318 Mr. Wm. Arthur Young ' President Bor -Son Companies 2001 Killebrew Drive, Suite 141 ' Bloomington, Minnesota 55425 Re: New Elementary School- Chanhassen ' Mediation HGA Commission Number 1400.003.00 Dear Dave and Art: The mediation on the claim of the General Contractor for delays caused by the late issuance of building permits was continued until May 10, 1995, for the City and School District to consult and review with their respective boards, counsels, and employees, regarding their ability to contribute additional funds towards the settlement of this claim. It is my understanding from conversations that David Leschak has had with representatives of the School District that the City and School District are not willing to increase their contributions towards settlement of this matter. Because of the disparity between the demand of the Contractor and the offer of the Owner, I do not believe we will be successful in settling this claim. I wish to thank everyone that attended the mediation representing the various parties and interests. I believe everyone approached the mediation in a'good faith' manner. With the closing the mediation, I am also enclosing with this letter the decision of the Architect in regards to the Contractor's claim. A SAO% w r I O W Messrs. David Clough and Wm. Arthur Young 12 May 1995 Page 2 Thank you for your time and assistance. Very truly yours, HAMMEL GREEN AND ABRAHAMSON, INC. 0 Edward A. Towey Attorney at Law Counsel EAT 1 L. WP6;la Enclosure cc: Todd Gerhardt, Chanhassen Assistant City Manager John Gockel, JGA Richard Lyons, Bor -Son David Leschak, HGA ARCHITECT'S DECISION NEW ELEMENARY SCHOOL-CHANHASSEN ' HGA COMMISSION NUMBER 1400.003.00 ' The Contractor, Bor -Son Companies, submitted a claim for an extension of time and an increase in the contract price due to the delay in issuance of building permits. ' The Contractor and Owner have submitted evidence to the Architect in regards to support and denial of the claim. Based upon the information supplied by the Contractor and Owner, the Architect makes the following: ' DECISION ' The Contractor is not granted any increase in contract price or extension of time for completion of the Construction Contract for the New Elementary School- Chanhassen, Minnesota. ' The decision of the Architect is final but subject to arbitration. The demand for arbitration of the claim covered by this decision must be made within thirty (30) days after the date on which the party making the demand for arbitration receives this final written decision. Failure to demand ' arbitration within said thirty (30) days shall result in this decision becoming final and binding upon the Owner and Contractor. HAMMEL GREEN AND ABRAHAMSON, INC. g Y Title Project Manager Date Mav 12, 1995 ' EAT 1 L. WP6;la 4 cd 3 o O al � b o ct0 ci c o kn ON Qn ~ C3 r•1 ° t Q! � V N � z w U � U � U cd r i CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 u MEMORANDUM TO: Don Ashworth, City Manager FROM: Kate Aanenson, AICP, Planning Director DATE: May 17, 1995 SUBJ: Highway 5 Corridor Study The Hwy. 5 Corridor Study has been in draft since August, 1993. The purpose of the study was to: • evaluate and select access boulevard alignments • determine the nature of the boulevards • review land use designation in the 1990 Comprehensive Guide Plan (1995 Study Area) • develop standards for landscaping with the highway boulevard rights -of -way • develop design standards to govern private development with the corridor As you are aware, the Council has selected the northern frontage boulevard as the preferred alignment and adopted the Highway 5 Overlay Design Standards. The city is working with MnDOT to complete the segment of the northern frontage road between Powers Boulevard and Lake Ann Park. This will be a 1996 project. In order to complete the remaining components of the study, the city council should hold an additional meeting to adopt the proposed land use recommendations and embrace the rest of the document. The planning commission held a public hearing on the land use recommendations and the council held a meeting to review these recommendations, but no action was taken by the council at that time. Because so much time has passed, an additional opportunity should be given for the affected parties to address to the council with issues they may have. I would like to schedule the meeting to adopt the land use recommendations and the corridor study on June 26. This item will likely have a lot of discussion and will be lengthy. If the June 26 meeting schedule appears to be full, I will reschedule the item for another date. Residents - sop, ght for park, trail task force` On May 8, the Chanhassen City Council approved formation of a task force to deal with parkland acquisi- tion and development, trail construc- tion and open space preservation. The job of this task force is to investigate the merit of a special referendum to finance these proposed initiatives. Potential projects include: ■ Development of Bandimere Com- munity Park, ■ Preservation of woodlands, . ■ Preservation of the Bluff Creek waterway, ■ Acquisition of a large tract of land for the city's final community park, ■ Acquisition of the Bluff Creek Golf Course, ■ And construction of trail segments to include Highway 101 north, Pow- ers Boulevard north, Galpin Boule- vard north, Highway 41 and a portion of the Bluff Creek trail. The task force will be comprised of I I members, including six resi- dents, the mayor'or a city council member, one Chamber of Commerce member, one Chanhassen Planning Commission member, and two Chan- hassen Park and Recreation Commis- sion members. Two resident members each will be chosen from three areas of town. Roughly, the three areas are west of line from Audubon Road north to Yosemite, east of that line to south Highway 5,`and south of Highway 5. A voting day in the fall of 1995 is targeted. Task force members will meet twice monthly until that time. .Additional speaking engagements will also be scheduled. . Ifyou would like to apply for one of the resident positions, call the city's general administrative desk at 937- 1900 for an application. For more in- formation regarding the task force, call Todd Hoffman, Chanhassen Park and Recreation Department director, at 937 -1900, extension 121. Thursday, May 18, 1995 — Chanhassen Villager — Page 7 CN cl cl LL Y C as =3 4-. 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