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Administrative SectionADMINISTRATIVE SECTION Letter from Kerri A. Nolden dated February 4, 1994. Letter from Southwest Metro Transportation Coalition dated February 11, 1994. Letter to Linda Saukkonen dated February 3, 1994. Memo from Scott Han dated February 14, 1994. Letter from AMM dated February 9, 1994. Letter from SRF dated February 8, 1994. Letter to Leonard Dusoski dated February 15, 1994. Letter to Bob Brown, MnDOT dated February 16, 1994. Memo from Diane Desotelle dated February 2, 1994. Letter from the Minnesota Pollution Control Agency dated January 25, 1994. Article from the New York Times dated February 13, 1994. Letter from Mark Senn dated February 15, 1994. Letter to Dean Sabinske dated February 11, 1994. HRA Accounts Payable dated February 14, 1994. HRA Accounts Payable dated February 28, 1994. Correspondence to and from Mark Senn regarding Market Square. 1] L I February 4, 1994 Kerri A. Nolden ' 425 Chan View #216 Chanhassen, Minnesota 55317 �l J Chanhassen City Council ' 690 Coulter Drive Chanhassen, Minnesota 55317 I Dear Chanhassen City Council Members, I would like to take this time to thank all members that were present during my interview for a position with the Public Safety Commission. I felt that my interview was a very worthwhile and educational experience. I enjoyed seeing how a fraction of city government operates. I am looking forward to hearing the outcome of the selection ' process and the opportunity to work with the city councils and represent the City of Chanhassen in the future. Once again, thank you for your time and consideration. ' Sincerely, ' Kerri A. Nolden SOUTHWEST CORRIDOR TRANSPORTATION COALITION 470 Pillsbury Center �aneapolis, MN 55402 (612) 337 -9300 February 11, 1994 Mayor Don Chmiel and Members of the City Council City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 RE: Financing New Highway 212 Our File LN400 -51 VIA FAX AND MAIL Dear Mayor Chmiel and Members of the City Council: As you know, I am President of the Southwest Corridor Transportation Coalition and a member of the Chaska City Council. It has come to my attention recently that you may be consideri a resolution opposing use of tolls as a means of financing construction of a new Highway 212. Recent delays in scheduling by the Minnesota Department of Tran caused letting dates for individual segments of the proposed Hwy. delayed between 48 and 60 months during the last 24 months. We that we should expect further delays continuously until sufficie highway funding occur to enable resumption of the construction existing before two or three years ago. This would require the eqi cent increase in the gasoline tax. Governor Carlson announced last a_ intends to oppose U increase in the gas tax. Therefore, it is un] will be any increase in construction funding enacted by this legisla' estimate I have heard from MNDot sources is that we can expect it years before Highway 212 is constructed unless there is a dramati availability of highway construction funds. The enactment of the Intermodal Surface Transportation Efficiency by Congress has opened the possibility of toll financing and has se wholesale change in the method of constructing highways. We hav from now on local units should expect to bear a portion of the not highway construction. Thus, if 80% of project cost is paid government, the local units will be expected to pay 10%. For examp succeeded in obtaining 10.7 Million Dollars in demonstration grant in 1990 and 1991. Now, MNDot proposes to expend those funds di 1994 through 1996. However, to do so it mast provide for the 20% not In his recent budget proposal, Governor Carlson has announced request that the Legislature fund half of the non - federal share W1 that the local units of government provide the other half. This wov =65529 LN400 -51 :portation have 12 project to be have been told it increases in program levels ivalent of an 11 summer that he kely that there ure . The best will be 15 to 20 a change in the Act ( "ISTEA" ) the stage for a been told that - federal cost of by the federal ,e, the Coalition from Congress ring the period - federal match. his intention to :h the condition A mean that the N3AddD S S3W10H 22:LT tC. TT a33 e iq,ctl L� 1 1 1 Mayor and City Council Page 2 February 11, 1994 local units of government would be required to raise $1,070,000 among themselves to enable use of the $10,700,000 during the next three years. The Coalition intends to seek legislative approval of 100% of the non - federal share. We may or may not be successful. We propose to form an umbrella organization with other demonstration grant recipients and jointly seek legislative approval of our proposal. The Governor's budget proposal is just further evidence of the intention of the State and Federal government to require local financial participation in road construction. I am attaching traffic counts which I recently received from Roger Gustafson, Carver County Engineer. They indicate that traffic counts on TH -5 increased between 1986 and the period 1990 -92, from 20,500 veb1cles per day to 30,500 vehicles per day. Also enclosed is a sheet from Roger Gustafson illustrating the accident rates on TH 169. The segment between the Shakopee Y (TH 169) and I -494 has an accident rate of 3.1 accidents per million motor vehicle miles, as compared to a state -wide average of 1.0 to 1.6 accidents per million motor vehicle miles . We undcr stand this to be one of the highest rates in the state. The segment of TH -212 between TH -169 and Cologne is also significantly higher than the statewide average. A few years ago it was already predicted that by the year 2005 the intersection of TH -41 and TH -212 in Chaska would have twice the traffic now that is now experienced at Lewis Street and TH -169 in downtown Shakopee. We all know how miserable the Shakopee intersection is. Our experience is that traffic counts have been too conservatively estimated in the last ten or 15 years. More often than not these conditions occur earlier than they are predicted to occur. For all of these reasons, we believe it is absolutely necessary that a new TH -212 be built. I am also enclosing a letter which I recently received from Chuck Siggerud, Metropolitan District Engineer. He has advised me that MNDot will proceed with an independent consultant's feasibility study of using toll financing as a means of financing a portion of the cost of a new TH -212. We think it would be prudent for all of us to have as much information as we can before deciding whether we should be either for or against toll financing. I also am a City Council member. I know that toll financing is not universally popular; but I also know that the options may be to use toll financing to build a new TH -212 or to not build TH -212. There are a number of reasons why toll financing may not be so objectionable. Our local conditions are such that viable options exist for those people who would not wish to use the toll road. They could either use TH -5 or old TH -169. We also recognize that tolls can only be assessed at a rate which the public will accept. Each driver must be persuaded that the additional premium which he is being asked to pay to use the toll road is justified by the greater safety, comfort, or speed which he or she is able to enjoy on the toll road. We are advised that modern technology should prevent the need for drivers to stop to pay their toll. Sensory devices will enable drivers to be identified and billed by the month. A lot of TH -212 traffic is truck traffic or other through traffic. We would expect all of that traffic to take the new RJ'L65528 ' LN400 -51 N3Nt 85 I S3W70H Ez : L T b6. TT 833 Mayor and City Council Page 3 February 11, 1994 road and thereby free up additional capacity for local drivers choosing to use TH' -5 l or existing TH -212. It could very well be that all of the affected city councils will wish to oppose toll ' financing after completion of the toll study. However, it may also persuade us that toll financing makes much more sense than not constructing a new (Highway 212. Of course, a third possibility exists . That would be to significantly increase the amount of state funding for highway construction. However, I a n not optimistic about that occurring in the near future. It will take a much greater groundswell of sentiment in favor of these increases and some creative proposals which are supportable by urban and rural, central city and suburban, high ay and transit, light rail and non light rail factions to achieve the necessary suIpport for these ' increases. Thank you for your continued support of the Coalition and improvements in TH -5 and construction of new TH -212. If I can 'provide you with any further information, please let me know. V ruly your , ' Robert J . L dall, President and Chaska Council Member RJL: gak , Enclosure cc: Coalition Board Members arsssza L"aoo -si N3At1�1� n E3WI lum ve : ZT VE, TT E33 ' February 4, 1994 II L I 1 Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Mr. Robert J. Lindall, President Southwest Corridor Transportation Coalition 470 Pillsbury Center 200 South Sixth Street Minneapolis, Minnesota 55402 Dear Mr. Lindall: The Minnesota Department of Transportation (Mn/DOT) is willing and eager to proceed with the Trunk Highway (T.H.) 212 Toll Road Feasibility Study you requested in your letter of December 23, 1993, to Governor Arne Carlson and Transportation Commissioner James Denn. We will pursue authorization of $75,000 of demonstration grant funds for the preparation of an economic feasibility study for the possible use of toll financing on all or a portion of the proposed T.H. 212 project. This will not delay work Mn /DOT or its consultants are presently doing, and we will not remove the T.H. 212 project from existing Mn /DOT programs. We agree that the study should be conducted by a recognized expert. We suggest that a Project Management Team be formed to develop a Request for Proposal (RFP). Representatives from Mn /DOT, FHWA, Metropolitan Council, Southwest Corridor Transportation Coalition, cities and counties will be convened to expedite this process. The nrimary contact for this effort will be Richard Elasky, Assistant Division Engineer, Metro Division (582- 1340). Ron Erickson, Preliminary Design Engineer, (582 -1295) who has had an extensive involvement in the T.H. 212 project, will also be a part of the team. We look forward to joining you in this effort and will be contacting you shortly. Sincerely, Charles A. Siggerud, P.E. Division Engineer C Governor Arne Carlson Commissioner. James Denn An Equal Opportunity Employer t7' c N3",H85 T S3WIOH SZ : L t V6, TT E33 O`fice Of COUNTY CO h1iMISSIJIJERS Phone 448.1207 January 11, 1994 COUNTY (` CAQVEQ 1 CARVE I COUNTY COURTfiOUSE 600 EAST 4TH STREET CHASKA.MINNESOTA 55318 Mr. Robeh Owens, Acting Chair Transportation Advisory Board Metropolitan Council Mears Park Centre 230 East Fifth Street St . Paul, Minnesota 55101 Re: Proposed 1994.96 Transportation Improvement Program (TIP) for the Twin CRI" Metropolitan Area I Dear Mr. Owens and Members of the Transportation Advisory Board: On December 15, 1993, a Public Meeting was held by the Transportation Advisory Board (TAB) regarding a proposed 'major amendment to the 1994 -96 TIP. Carver County requests that this letter be included with other written comments received by the TAB in response to that meeting. The June. 1993, 'Draft' TIP included Carver County Bridge Project 10. 653.05 in the 1994 �ogram with no dollars assigned to it. August and September conversations involving County Highway Department a Mn/DOT staff resulted in the assurance that the funding estimates included in the bridge replacement `project memorandum' would be added to the 1994 -96 TIP. The November 24, 1993, `Proposed` TIP continues to have no dollars assigned to this bridge project and the project year has been deferred to 1996. . Carver County hereby requests that Bridge Project 10- 653 -05 be reconsidered for 1894 programming and that the following dollar estimates be included in the TIP: I Total $ s Fed Vs -State S's 226,000 114,000 28.000 Traffic volumes (Exhibit A) and accident rates (Exhibit 6) on trunk highways* servirig C �vs County and the State continue to increase. Highway construction projects continue to be deferred (Exhibit C). 'these facts and trends document the serious safety and capacity deficiencies of the trunk highway corridors through r County, and the Importance of focusing attention and resources on these corridors. � Careful review of the proposed 1994 -96 TIP by the TAB to assure consistent and equitable r e to trunk highway and other transportation needs across the metropolitan area requested. Support for increased transportation funding to •end' project deferments and `begin` project advancements is urged. Thank you for providing the opportunity to comment on and request changes in the Sincerely, Carver County Board of Commissioners . Tracy Swanson; Chair aFrwadir M►�.u/Fiji al 0�tr�r,u�i� tq, i11► Prinkrl 0,1 Rnrrcltd Af/m N3Atid5 S Deed 199496 TIP. I 3W10H SZ : LT VE, TT E3- L f 1 1 1 ID CL January, 1994 1 of 1 EXHIBIT" A STATE HIGHWAY TRAFFIC VOLUMES Location ' W Year Cl 1962 1968 c� 1980 _..4, w - - 10,400 16,000 J 3,650 _...._...5,800 - 8,850. _...11,500 N _ 2,600 2,200 , ` 4,150 2,850 4,350 3,250 - 6,300 4,450 - 7,400 4,300 N/A NIA m • 3,250 3,570 4,800 6,900 7,6W .. ao 1.700 w ' 8,100 January, 1994 1 of 1 EXHIBIT" A STATE HIGHWAY TRAFFIC VOLUMES Location ' Year 1962 1968 1974 1980 _..4, ..... 7,450 - - 10,400 16,000 - 3,650 _...._...5,800 - 8,850. _...11,500 TH 5 - East of TH 284 _ 2,600 2,200 , ` 4,150 2,850 4,350 3,250 - 6,300 4,450 - 7,400 4,300 N/A NIA TH 5r25 - of TH 212 _ TH 41 - South of TH 7 3,250 3,570 4,800 6,900 7,6W 10,000 =7 1.700 2,430 4,600 8,100 N/A 3,600 7,000 9,200 7,800 7,700 10,500 17,300 3,650 4,100 6,650 9,000 ITH2- Ea o1 TH 284 2300 2,250 2,900 4,100 4,400 N/A i2 =- East of.T 5/ 25. ' . 2,100 2,000 2,390 4,400 4,300 N/A MNDOT103.WK1 i January, 1994 u. z w Q M ti n� q at - W W Lk- EXHIBIT B AVERAGE ACCIDENTS PER MILLION VEHICLE MILES (MVM) 1of1 (1) Source — Tnink Highw o..212 Environmental Impact Statement Technical Report: Transportation Characteristics (August, 1989) (2) Source M6100T Ttafic Studies Supervisor, R.E. bixon (December,1993) MNDOT102.WK1 . ai its i MM M.= 1965 — 1987 (1) Statewide - -- - - Naar. Roadway Segment I Actual Average Rate Rate TH 212 — Cologne to TH 169 1.96 TH 212 — TH 169 to 1 -494 2.75 2.3 TH 5 YH 41 to 1- 494_._ ..._ �...- . _ ....... :....... _.._ ...- .�_... (1) Source — Tnink Highw o..212 Environmental Impact Statement Technical Report: Transportation Characteristics (August, 1989) (2) Source M6100T Ttafic Studies Supervisor, R.E. bixon (December,1993) MNDOT102.WK1 . ai its i MM M.= January, 1994 EXHIBIT C I of i MTV /DOT CONSTRUCTION PROGRAMS PROPOSED BID LETTING DATES z w oa <1 Ln w E: -i Q r w w WINDOT10I.WKI Nov, 90 Oct. 91 Jan, 92 Jan, 93 Juty, 93 T.H. Description $(M) Program Program Program Program Progarn TH 25 to TH 284 2.2 NoV,94 Nov, 95 Nov, 95 Nov, 97 Jun, 98 4 Ym 0 Mths (111 to 8193) TH 284 to TH 41 3.9 Nov, 94 Nov, 95 Nov, 95 Nov, 97 Jun,99 Nov. 99 5 Yrs 0 Mths (I I M, to 8193) . . ..... S.2 ......... — Feb, 96 Feb, 96 Jun, 97 4.4 ...Jan, 97 Jan, 97 Jun. 99 192 to 8/93) 15.0 Jan, 93 Jun, 93 Nov, 93 Feb, 95 Nov, 96 (11/90 Co 8/93) 15.6 Dec. 93 Dec, 94 Dec, 94 Oct, 95 Jun. 98 to 8/93) 8.9 Dec, 93 Jun, 95 Jun. 95 Oct, 95 Nov, 90 (11190 to 8193) 22.0 Jan, 95 Jun, 95 'u Jun. 95 Jun, 96 Nov. 99 (11/9010 8193) 1 10.9 Jul, 97 Jun, 00 1193 to S,f93 WINDOT10I.WKI Ms. Linda Saukkonen Clear Springs Elementary 5701 Highway 101 Minnetonka, MN 55345 1 Dear Ms. Saukkonen: CITY C8AN8i EN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 5739 In 1990, the City of Chanhassen established a utility fund to support the planning a comprehensive Surface Water Management Plan (SWMP). The City of C designed to incorporate stormwater quantity control, stormwater quality sl conservation in an integrated plan that will protect, preserve, and enhance the are portion of these SWMP funds are also used to develop educational opportunities more about the protection and preservation of our water resources. I implementation of hassen's SWMP is ards, and wetland water resources. A its citizens to learn Climb Theatre has written and directed a play for K -3rd grade titled "Toadilly Turtle ". The play is designed to help children recognize the differences between healthy and unhealthy wetlands and lakes. The play has created a memorable central character that can serve as a mascot for the children in supporting clean lake efforts. It will also help to prompt discussion with parents and teachers to help teach us all and make us more aware of the importance of stewardship of our lakes and wetlands. Attached is a copy of the play's script for your review. Performances are being scheduled by Climb Theatre between April 4 and May 13 throughout the metropolitan area. The City would like to sponsor the play at the five elementazy schools attended by Chanhassen K -3rd graders (there will be no costs directed to the school for the pel ormance). The stage for the play can be set up in any gym and they can handle up to 275 children. The play lasts 40 to 45 minutes. The City has tentatively scheduled the five performances over a two and a half day period. The dates are April 20, 21, and the morning of 22, 1994. We would like to know the following: 1. Is your school interested attending Climb Theatre's performance? f 2. Are the above dates a good time for your school? If not, would jthe first week in May be a better time? 3. Would you prefer a morning or afternoon performance? u February 3, 1994 Please call me at 937 -1900 ext. 156 with your, comments.. Thank you for your cooperation. I look forward to working with you on this and future activities centered around natural resource education and stewardship of the land. Sincerely, CITY OF CHANHASSEN Diane Desotelle, P.E. Water Resources Coordinator DD:ktm c: Charles Folch, City Engineer Paul Krauss, Planning Director B : \eMxdi ,e\va„omc%nuueI.aa MEMORANDUM CITY 690 COULTER DRIVE • P.O. BOX 147 • I (612) 937 -1900 • FAX TO: Mayor City Council Don Ashworth, City Manager Public Safety Commission FROM: Scott Harr, Public Safety Director DATE: February 14, 1994 SUBJ: 1992 & 1993 Building Permits 1 1 1 1 1 Attached please find comparison data on building permits issued and valuations in 1992 & 1993. Building Official Steve A. Kirchman has done an excellent job maintaining these records, and while all the information is pertinent, let me draw your attention to the 25% ' increase in number of permits and valuations in 1993 from 1992. i i F 1 3EN, MINNESOTA 55317 5739 CITY OF 1 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Scott Harr, Public Safety Director FROM: Steve A. Kirchman, Building Official 4 cc, DATE: February 10, 1994 ' SUBJ: 1992 & 1993 Building Permits ' The following is a comparison of permits issued and valuations in 1992 and 1993. The permits are categorized by nine different types. The statistics are selected from the REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION. TYPE 1992 1993 PERCENT CHANGE NO. VALUATIONS -- NO, VALUATIONS NO. VALUATIONS Single Family 229 $32,020,000 251 $39,885,000 +9.6 +24.6 Twinhome/Duplex 0 0 0 0 0 0 Townhome /Quad 0 0 16 $1,262,000 NA NA Apartments 0 0 0 0 0 0 Commercial/Industrial 4 $3,825,000 3 $4,040,000 +25 +5.6 Residential Additions /Alterations 356 $2,202,700 457 $2,908,800 +28.4 +32.1 Commercial/Industrial Additions 48 $1,644,000 42 $1,181,000 -12.5 -28.2 Garages 10 $111,000 26 $293,500 +160 +164 Miscellaneous 85 ** $402,700 120 $215,200 +41.2 -46.5 TOTALS 732 $40,206,029 915 $50,409,500 +25 +25.1 * tenant finishes included * *Redmond remodel ' pc: Don Ashworth, City Manager Admin Packet i:�eafery�sek�memoa�ad�pmrvaLsh] BOARD OF DIRECTORS PRESIDENT David M. Childs Minnetonka VICE PRESIDENT Craig R. Rapp Brooklyn Park PAST PRESIDENT Karen Anderson Minnetonka DIRECTORS Don Ashworth Chanhassen Bin Barnhart Minneapolis William Burns Fridley Joan Campbell Minneapolis Jack Denzer Cottage Grove Tom Egan Eagan Marie Grimm St Paul Coral Houle Bloomington Susan Hoyt Falcon Heights Jerry Linke Mounds View Joan Lynch Shakopee Frank Ongaro St Paul as oclation of metro olitan municipalities February 9, 1994 T.7: Mayors, Managers /Administrators, and Contact Persons Enclosed is an invitation to a legislative reception sponsored by the AMM for Metropolitan Area Legislators and Metropolitan Council Members. The purpose of the reception i is to explain the AMM position on various ssues to the legislators and Met Council members throughl,one -on -one discussion and an information packet. The major issues are city revenues (LGA /HACA /IATF), Metropolitan Governance, and transportationlfunding with emphasis on long term guaranteed transit financing. As an AMM member city official, you are invited to attend the reception. As indicated on the enclosed invitation;, the reception is on March 2 at 5:00 P.M. at thelKelly Inn in St. Paul. We hope that at least one person from each member city will attend. More are welcome!) To make this year the most successful, we ask that you please call your legislators and urge them to attend. Also. since this invitation is being mailed to Mayors, Managers, and Contact Persons only, please extend this invitation to others on your council or staff who might be interested in attending. As per invitation,;please RSVP to Carol Williams, 490 - 3301. Thank you. Jim Prosser Richfield Mary Raymond Deephaven Vern Peterson, Executive Director Association of Metropolitan Municipalities Ellyn Tw*lenberg Blaine Gene White Prior Lake E)(EcLmvE DIRECTOR Vern Peterson 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490.3301 1 L 1 The Association of Metropolitan Municipalities Cordially Invites You to a Reception For State Legislators from the Metropolitan Area and Metropolitan Council Members Wednesday, March A 1994 5 p.m. to 7 p.m. President's Welcome 6 p.m. Buffington - Prentiss Rooms Kelly Inn - St. Paul - State Capitol St. Anthony at Rice Street David Childs President, AMM Manager, Minnetonka Please Reply to Carol Williams, 490 -3301 By Friday, February 25,1994 Supported financially in pail by: Springsted Inc. Briggs & Morgan Ehlers & Associates Inc. Leonard, Street and Deinard Miller & Schroeder Financial Inc. Craig Rapp Vice President, AMM Manager, Brooklyn Park Faegre & Benson Holmes & Graven Dorsey & Whitney Heins, Schatz & Paquin Larkin, Hoffman, Daly & Lindgren, Ltd. SRF STRGAR- ROSCOE- FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ ENVIRONMENTAL • PARIQNG SRF No. 0921635 February 8, 1994 , Mr. Charles Folch, P.E. I City Engineer CITY OF CHANHASSEN i 690 Coulter Drive ! , Chanhassen, Minnesota 55317 -0147 RE: WEST 78TH STREET AND POWERS BOULEVARD CITY PROJECT NO. 92 -3 l Dear Charles: i This letter is in response to concerns expressed by Mr. Kevin Norby in a letter to you dated January 11, 1994. Mr. Norby is correct in identifying problems associated with , Birch plantings in a roadside planting environment. These include harsh roadside conditions and susceptibility to the bronze birch borer. Selection of plant materials for the West 78th Street extension do,J with the exception of the birch plantings, recognize the usual adverse conditions for roadside plantings. These plantings are an extension of the planting concept already established for West t 78th Street. In other words, a special streetscape planting. The City recognized the greater maintenance requirements for the median areas by including an irrigation system. Also, an organic mulch, as opposed to crushed rock (which tends to retain ' heat) has been used. i With regard to the use of "Whitespire" Birch as an "accent" tree planting in the medians, , it is, as we discussed with the City staff, a short-lived tree compared to other tree species. Maintenance of several inches of organic mulch material over the root area of these trees and the adjacent shrub areas will help to maintain "cooler" root conditions. ' Maintenance of median soil moisture ,conditions (aided by the irrigation system) .will benefit all median plantings. CItY Of CHANHASSEN FEB 0 9 1994 ENCINEERIN6 DEPT. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota' 55447 -4443 (612) 475-0010 FAX (612) 475 -2429 I I I Mr. Charles Folch, P.E. February 8, 1994 I To quote from the 1991 publication "The Right Tree Handbook" written by Harold Pellett, Nancy Rose, and Mervin Eisel of the Minnesota Landscape Arboretum, Department of Horticultural Science, University of Minnesota: ' B. platyphylla va. japonica "Whitespire" - Whitespire Birch has a narrow pyramidal crown and excellent white bark. Has good tolerance to high temperatures and does well under a wide range of soil types. Introduced for its ' good resistance to the bronze birch borer. Following the recent dry years, borer problems have been reported. However until better cultivars become available, it is still the best white barked birch to plant. ' If you have further questions regarding the West 78th Street plantings, please feel free to contact us. Sincerely, i STRGAR- ROSCOE- FAUSCH, INC. U Thomas A. Thorson, ASLA Senior Landscape Architect ' Jy"�mes R. Dvorak, P.E. ✓Senior Associate TAT:JRD:bba February 15, 1994 CITY 690 COULTER DRIVE • P.O. BOX 147 • I (612) 937 -1900 • FAX Mr. Leonard A. Dusoski 1000 Western Drive Chanhassen, MN 55317 Dear Mr. Dusoski F BEN 3EN, MINNESOTA 55317 5739 This letter is to follow up on our telephone conversation today regarding damage that you stated was done to your driveway from one of the City snowplows. I amiinvolved with this situation not because it deals with the matter of public safety, but as a help to the City Engineer who is out recovering from surgery. The Street Superintendent has assured me that he will mark the property to repair when the season permits. Regarding the cost you said you incurred because of similar problems last year, I gave you Assistant City Manager Todd Gerhardt's address and suggested you write him a letter regarding your claim for reimbursement. The City certainly regrets any damage that occurred as a `result of snowpl ask that people bear in mind that snowplowing in Minnesota with heavy i without some potential problems. I can assure you as someone viewing t outside of their department, our Public Works Department goes out of the everything they can to avoid damage that will inevitably occur, but is als( residents when it does happen.' - Sincerely, Scott Harr Public Safety Director cc: Todd Gerhardt, Assistant City Manager Charles Folch, City Engineer Mike Wegler, Street Superintendent g:\afetfth\dmosU.e wing, but we do [uipment is never -ir efforts from way to do willing to assist 1 CITY OF CBANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Mr. Bob Brown Metro Division State Aid Engineer Minnesota Department of Transportation Waters Edge Building 1500 West County Road B2 Roseville, MN 55113 Re: 1993 Certification of Mileage PW033 Dear Mr. Brown: Please find enclosed the City of Chanhassen's Certification of Mileage as of December 31, 1993. Attached to the Certification is the City's itemization of local roadway improvements and designation changes for the year 1993. If you have any questions, please feel free to contact me. Sincerely, CITY OF CHANHASSEN Charles D. Folch Director of Public Works /City Engineer CDF. j ms Attachments: 1. Certification of Mileage form. 2. Itemization of Roadway Improvements. c: City Council Administrative Packet (2/28/94) w /attachments g v%\charlesUetters\brown.e February 16, 1994 M M M M M M as of Dec. 31 1992 Current Yea + or - *1 as of Dec. 31 1993 ANNUAL CERTIFICATION OF MILEAGE CS ca `' SEE ENCLOSED RESOLUTION AND INSTRUCTIONS Z S n 1.- Z °- S_ Z g $ "RECORD REWSIONS ON BACK OF CERTIFICATE E E E ~ II III IV I V VI VII I Vlll 1 IX X I XI 1 XII 1E NOT COMM NED IN TM GOMMYNHON Of BAOIG MILEAGE _ 43 County State Aid Highmys lFwAide maeacm de:lmated as MSASI 1 1.95 1 1 8.28 10.23 1 1 1 1.95 1 1 8.28 10.23 1 hereby certify that the total Impr \/NY � M /YY S {{F Chanhassen - GE CONSIDERED Signed IN THE CO of Public Works 4. Municipal State Aid Streets cNltte T.H. Turnlwdcs 5.68 11.01 16.69 1.66 0.24 1.90 7.34 11.25 18.59 L Cady Reads (Ex tly" adeage desl ted as MSAS 3.77 3.77 3.77 3.77 a. Other Local Roads And Moab - not designated Node T.H. i CSAH fronts roads 1.03 78.17 79.20 1.01 3.08 4.09 2.04 81.25 83.29 -- 7. Total Improved Basic Mileage (Total of hire 4 + 5 + PteNols. m 92.95 Adbuftnent s 3, 32_ Curre/S 8. Percentage Umitatian (Cal. XI.Lim 7 Times Une 8). X 0.20 9. MAXIMUM MILEAGE ALLOWED FOR M.S.A.S. DESIGNATIONS. 19 19 10. Total Municipal State Aid Street Designated (Colum )0I. Line 3 plus Line 4). 18.59 11. Total Maas One -Way Street Mileage Included In Col. XII. Line 3 a 4. N/A /A Miles DMded By 2 - N/A pf consider ad as I fa Mango - per Screenk* Board approval) 12. Mileage designated WAS - not Including T.H. Turnhadc mileage jUnc 10 plus Line 11). 18.59 13. Total Miles of T.H. Turnbacks Deslgnated as Maas (Above 20%). N/A 14. TOTAL M.S.A.S. MILEAGE DESIGNATED BY CITY jUne 12 plus Line 13). 18.59 15. Municip State Aid Street Miles Pa geX�Jf��lnder Maximum Allowed. (Una 9 minus line 12). 0 .66 1 hereby certify that the total Impr sic Street Mileage in the Municipality of Chanhassen as of December 31, 1993 is 9 6.27 Signed Title City Engineer /Director of Public Works Miles JAN. 1 TO DEC. 31, 1993 MUNICIPALITY Chanhassen REVISIONS DURING CURRENT YEAR MUNICIPAL STATE AID STREETS Indicate K Route Original MILEAGE CHANGE + OR — Revised Date Needs were Number Miles Non— Un— Improved Total or new Of Reason Received Existing Improved Miles Change in 1993 111 0.24 +0.24 0.24 0.24 4/20/93 Aid Mileage Avail. 117 0.06 0.06 0.06 0.06 7/14/93 113 1.60 +1.60 1.60 1.60 4/20/93 " 117 7/14/93 Route # Change I i i I 1.66 0.24 1 1.90 1 1.90 TOTAL NET CHANGE COUNTY STATE AID HIGHWAYS ' TOTAL NET CHANGE COUNTY MUNICIPAL STATE AID STREETS I I I ' TOTAL NET CHANGE I 1 FIGURE 1 � 1/11/94 CITY OF CHANHASSEN I ANNUAL CERTIFICATION OF MILEAGE ' 1993 ROADWAY IMPROVEMENTS "Other Local Roads and Streets" PROJECT # PROJECT NAIL �LZAGS II4PROVED f NON- ZXI8TING 92 -9 Stone Creek 1st Addition 0.32 0.00 92 -18 Deer Ridge 0.03 0.00 93 -1 Chanhassen Business Center 0.37 0.00 93 -2 Summit at Near Mountain 2nd Addn. i 0.33 1 0.00 93 -3 Windmill Run 0.44 0.00 93 -4 WillowRidge 2nd Addition 0.23 0.00 93 -5 Lake Susan Hills West 9th Addn. 0.80 j 0.00 93 -9 Oak Ponds 0.13 0.28 93 -12 Royal Oaks Estates 0.25 1 0.00 93 -13 Bluff Creek Estates 3r8 Addition 0.14 0.00 93 -17 Stone Creek 2nd Addition i 0.17 j 0.00 93 -18 Trotters Ridge 0.00 ; 0.55 93 -22 Bluff Creek Estates 4th Addition 0.00 0.24 93 -30 Stone Creek 3rd Addition 0.11 0.00 90 -15 Minnewashta Parkway (MSA 111) ( -0.24) Dell Road (MSA 117) ( -0.06) Total Miles 3.08 1.01 1993 Total Local "Improved" Streets: Ila Miles 1993 Total Local "Non- Existing" Streets: Miles 1993 Total Increase in Local Streets Mileage: Miles 1993 Total "Municipal State Aid Street" Additional Designation: Miles I 'The 1993 Improved local streets have been adjusted to reflect a 0.24 mile decrease for Minnewashta Parkway from Trunk Highway 5 north10.24 miles as this segment was designated on the MSA system in 1993. 2 The 1993 Non - Existing local streets have been adjusted to reflect a 0.06 mile decrease for Dell Road (Lake Drive East south to corporate limits) as this segment was designated on the MSA system in 1993. I I I' 1 CItYv CHANHASSEN 690 COULTER DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Charles Folch, City Engineer Dave Hempel, Assistant City Engineer Mike Wegler, Street Superintendent Paul Krauss, Planning Director File FROM: Diane Desotelle, Water Resources Coordinator 1� DATE: February 2, 1994 SUBJ: Phone conversation with Army Corps of Engineers concerning Yuma wetland excavation Spoke with Gary Elftmann on February 2, 1994 concerning his review of the excavation proposed for the wetland located at the intersection of Yuma Drive and Woodhill Road. Although, we tried to emphasize an increase in diversity and wetland functional values, he can not make a determination if mitigation is necessary without putting out to predischarge notification (PDN - agency review) since it is greater than 0.5 acre. The guidelines of 0.5 to 3.0 acres for a general permit is similar to filling activities. We should try to give a better picture of the wetland. From the classification we gave him, this wetland does not appear to be degraded (ie. monotypic, etc.). If the determination is that this is a fairly high functional wetland (natural), then any excavation is considered a detriment, and therefore, mitigation will be necessary. Discussed if there were any other alternatives. I said it is either private property or heavy with trees. His response letter is in the mail. If we send information back ASAP, he will send out to PDN which is a 30 day comment period. We are probably looking at 60 days before anything can be done. Dave suggested we check options on purchasing Kleiner property to put the sediment basin. This will help to encourage non - degradation to the wetland. In the mean time, we will pursue permits with the City and the watershed district so we do not have to deal with that paperwork later. Please start to think about priority SWMP projects for the year since this permit process will take up to 90 days, if all goes well. Since most of these projects are probably best done in the winter, we would hopefully be ready by winter 1995 to complete. Sorry for the delay! g:%mg WMP\T"-P MEMORANDUM Minnesota ''Pollution C o January 25, 1994 Mr. John Sandahl Director /Assistant Chief Engineer Minnesota Department of Transportation ; 395 John Ireland Boulevard Transportation Building St. Paul, Minnesota 55155 Dear Sandahl: Please find enclosed a copy of the Fact Sheet, Public Notice, and Draft construction of the Trunk Highway (TH) 212 from Interstate 494/TH 5 Eden Prairie, to the existing TH 212 four -lane section approximately tN Cologne. The comment period for the permit began on January 19, 19 February 19, 1994. A copy of the public notice for the project was pos 1 �trol A genc y I g Y !rmit for the terchange in miles east of and will end on I on January 19, 1994, in post offices in Eden Prairie, Chaska and Chanhassen. j i Barring am• adverse comments which may be received during the comment period, the final permit should be issued February 23!, 1994. Please call me at (612 296 -7739. Sincerer Innocent E. Evo Transportation Planning Team Mobile Sources Unit Air Quality Division IEE:Img Enclosure cc: See attached page %1% 55155-4 295 -6300 1612) 2c D2i' - Bra +nerd - Detroit Lakes - Ma,sr,a:. • Roc **e - - _ _ _ .. _.. _ _• _ �:,, c_n;a;ning tD °. ens _._ I .__• . J L ' 1 Mr. John Sandah January 25, 1994 Page 2 I The following people received a copy of the attached letter. 1 0 0 cc: Evan Green, Mn/DOT, Metro Division Lawrence N. Dallam, HNTB Kermit Crouch, City of Chaska Paul Krauss, City of Chanhassen Susan E. Johnson, City of Cologne Chris Enger, City of Eden Prairie J. David Thornton/Barbara Jackson, Air Quality Division Susanne P. Spitzer, Air Quality Division Kevin Roggenbuck, Air Quality Division Charlie Kennedy, Air Quality Division 1 0 0 FACT SHEET FOR: DRAFT PERNIIT ISP 94- TRUNK HIGHWAY (TH) 212 CONSTRUCTION PROI ECT (hereafter the project) i I A. DESCRIPTION OF THE PROJECT ' Location of the Project Applicant Cities: Eden Prairie, Chanhassen and Chaska t Townships: Dahlgren and Chaska Season /Year: Fall 2009 i Length: Termini: 18 miles I I The western terminus is the Interstate 494/TH 5 interchange in ' B. TYPES AND LEVELS OF POLLUTANTS Eden Prairie, while the eastern terminus is the junction of the TvuL_ TH 212 four lane bypass approximately two miles of Cologne ' CO will be produced by vehicles making trips to /from the proposed roadway. with the existing two -lane TH 212 in Carver County. Roadway Types and Geometric Design i ' Roadway Type: A freeway on a new alignment between Eden Prairie and Chaska Township, and a four -lane divided expressway with at -grade intersections ' Intersections: Signalized intersections at Dahlgren Township Roads 22, 154, 398, 155, and 395, and at Kelly Avenue and Carver County ' Road (CR) 43 Interchanves: At connection to the inplace TH 212, future CR 10 location, TH 41, future CR 17, relocated TH 101, future Dell Road, CR 4, ' Wallace Road /TH 5, Mitchell Road, and Prairie Center Drive Grade Separations: i At inplace CR 147, and CRs 140, 10, 111, Bavaria and Audubon ' Roads, Pioneer Trail, Diamond Boulevard, land Miller Park Applicant Applicant: The Minnesota Department of Transportation t Completion Date ' Season /Year: Fall 2009 i B. TYPES AND LEVELS OF POLLUTANTS TvuL_ Carbon Monoxide (CO): CO will be produced by vehicles making trips to /from the proposed roadway. ii r� Noise: Additional noise will be generated by vehicles making trips to /from the proposed roadway. ' Predicted Levels: CO levels in parts per million (ppm) for full build -out (2010): ' 2010 ' Background: 1 -HOUR 2.0 ppm 8 -HOUR 1.8 ppm ' levels were estimated based on CO monitoring conducted as These background g art of the p TH 212 Construction Project Environmental Impact Study at two sites representatives of the ' TH 212 Study Area. The values have been adjusted to the projection year 2010 assuming a region wide vehicle miles traveled increases of two percent per year, and future year reductions due to the Federal Motor Vehicle Emission Control Program as reflected in the MOBILE5a ' emissions program. 2010 Hivhest 8 -hour after completion: 2.7 ppm 1 f 0 Noise Levels (in A- weighted decibels (dBA)) Exterior noise levels within the corridor are influenced by vehicular traffic on the existing road and urbanized activities. The post - construction operation of the highway will result in predicted increases in traffic generated noise levels throughout the project corridor. The predicted increases in traffic generated noise levels will be offset by the construction of approximately 17,880 linear feet of noise walls at an estimated cost of $2,582,690. The construction design of these walls will achieve compliance with state daytime and nighttime noise pollution control rules. At a number of isolated receptor sites, the cost/benefit ratio of constructing noise mitigation is prohibitive. Traffic generated noise levels in these areas are generally predicted to increase only marginally over no -build noise levels. Landscaping and berming will be provided at these sites and throughout the corridor as appropriate and practical. State Noise Standards (in dBA) Daytime 7:00 a.m. to 10:00 p.m. L10 L50 Residential (NAC -1) 65 dBA 60 dBA Nighttime 10:00 p.m. to 7:00 a.m. L10 L50 55 dBA 50 dBA C. BASIS FOR DRAFT PERMIT CONDITIONS Contents of Special Conditions: ' i This permit contains standard Special Conditions. Basis for Special Conditions: The special conditions are required to ensure continued compliance with st to and federal , regulations pertaining to ambient air quality and noise standards. I Applicable Statutory Regulatory Provisions i This permit is issued pursuant to Minn. Stat. chs. 115 and 116 (1992), Mini. Rules pts. 7001.0010 to 7001.02 10, Rules Relating to Permits, Minn. Rules pts. 7023.19000 to 7023.9050 (1993), Rules Relating to Indirect Source Permits, State Noise Standards set forth in Minn. Rules pts. 7030.0010 to 7030.0080 (1993), and Minn. Rules pt. 7011.0150 (1993), A Rule Relating to ' Control of Fugitive Particulate Matter. i D. REQUESTED VARIANCES ' No variances are needed or have been requested for this project. E. APPLICABILITY OF CHAPTER 116D This permit is issued pursuant to requirements contained in Chapter 116D.03 (a), (c), and (d), ' particularly ,vith respect to: Coordination ,vith other government agencies concerning air quality and triffic forecasts and , noise. F. PRELIMINARY DETERMINATIONS The manager has determined that a draft permit should be issued, subject t� Special and General Conditions contained therein, inasmuch as the permit meets the requiremet is of Minnesota Rules ' stated in C. G. PROCEDURES FOR REACHING A FINAL DECISION ' ON THE DRAFT PERMIT Public comment period: , A public notice period has established, starting on January 19, 1994, and continuing through February 19, 1994. A copy of the public notice for the project would be posted on ' January 19, 1994, in the city of Eden Prairie,i Chanhassen, and Chaska pos�l offices. Chaska post office also serves Dahlgren Township. i I 3 Procedures for requesting apublic informational meetin or contested case hearing: ' Procedures for requesting a public informational meeting or contested case hearing is specified in Minn. Rules pts. 7001.0120 and 7001.0130. I Nature of the two procedures: A public informational meeting is designed to clarify and resolve issues concerning the ' preliminary determination to issue a permit, or the terms of the draft permit. A contested case hearing is designed to determine whether a material issue of fact or of the application of facts to law related to the preliminary determination or the terms of the draft permit, in areas under the Agency's jurisdiction, and having a reasonable basis underlying issues of fact or law, should change the preliminary determination of issuance, or the terms of the permit. ' Other Procedures by Which the Public may Participate in the Agency's Consideration of the Permit Application The public may telephone or write staff by contacting the person below, to express concerns ' related to maintenance or air quality standards, with respect to adequacy of traffic, noise and CO analysis. Written comments will be considered as part of the final determination process 0 0 Name address and telephone number of contact person for more information: Innocent E. Eyoh Senior Air Quality Specialist Air Quality D'vIsion N innesota Pollution Control Agency 520 Lafavette Road North St. Paul. Minnesota 55155 (612)296 -7739 1 1 INDIRECT SOURCE PERMIT (ISP) 94- ' to construct i TRUNK HIGHWAY (TH) 21,12 CONSTRUCTION PROJECT I (hereafter the project) ' in the Cities of Eden Prairie, Chanhassen and Chaska, and the Townships of Dahlgren and Chaska in the Counties of Hennepin and Carver, )Ylumesota ' i In accordance with Minn. Stat. chs. 115 and 116 (1992), Minn. Rules pts. 7001.0010 to 7001.0210 (1993), Rules Relating to Permits, "Minn. Rules pts. 7023.9000 to 7023.9050 (1993), ' Rules Relating to Indirect Source Permits, State Noise Standards set forth in Minn. Rules pts. 7030.0010 to 7030.0080 (1993), and Minn. Rules Part 7011.0150 (1993), A'Rule Relating to Control of Fugitive Particulate Matter, plans are approved and an Indirect Source Permit is , hereby issued to the ' MINNESOTA DEPARTMENT OF TRANSPORTATIj (hereafter the permittee) j Transportation Building St. Paul, Minnesota 55155 1 for construction of the following project under the conditions set forth herein. ' I PART I. DESCRIPTION A. Project Description. The proposed project is the construction of the Trunk Highway (TH) 212 from the Interstate (I) ' 494/TH 5 interchange in Eden Prairie, to the junction of the TH 212 four -lane bypass approximately two miles east of Cologne with the existing two -lane TH 212 in Carver County. The length of the project is about 18 miles. ' The proposed project is to be constructed as ai four -lane divided roadway in the southwestern portion of the Twin Cities Metropolitan Area.: The proposed highway would be constructedas a , freeway on a new alignment between Eden Prairie and Chaska Township following a southwesterly route through the cities of Chanhassen and Chaska. At the western end be I ween Chaska Township ' and Cologne, the proposed roadway would be constructed as a four -lane, diided expressway with at -grade intersections and would follow the existing TH 212 alignment throLigh Dahlgren Township. The proposed project will have signalized intersections at Dahlgren Township Roads 22, 154, 398, , 155, and 395, at Kelly Avenue and Carver County Road (CR) 43. Several interchanges will be f constructed at the connectio$ri to the inplace TH 212, future CR 10 location, TH 41, future CR 17, relocated TH 101, futu Te Dell Road, County State Aid Highway (CSAH) 4, Wallace Road/TH 5, Mitchell Road and Prairie Cetiter Drive'. The project will also include grade ' separations at the inplace CR 147, and CRs 140, 10, 111, Bavaria and Audubon Roads, Pioneer Trail, Diamond Boulevard and Miller Park. The project will be constructed in four staged segments. Segment I will start from the I-494 eastern terminus and ends at CSAH 4. This segment will consist of five construction stages. The proposed bid letting dates for stage I through V are 1994, 1995, 1997, 1998 and 1999 respectively. Segment 2 construction will start from CSAH 4 in Eden Prairie to TH 41 in Chaska. This segment will be constructed in two stages. The proposed bid letting dates for stages I and II of Segment 2 are 2000 and 2001 respectively. Segment 3 construction will start from the junction of the TH 41 to CR 147, while Segment 4 will start from CR 147 and ends at the junction of the TH 212 four -lane bypass approximately two miles east of Cologne with the existing two -lane TH 212 in Carver County. Segments 3 and 4 have no bid letting dates since they are not yet programmed; however, completion of the entire project is expected in the fall of 2009. PART II. CERTAIN PROHIBITIONS, INFORMATION, AND DEFINITIONS A. Certain Roadway Construction Prohibited. This permit does not authorize construction of any additional roadway needed for the project which would otherwise require a separate ISP. B. Exhibits, Plans, and Supplemental Information. Submitted Information. Exhibits and plans which further describe the project are in the information which was submitted to the Minnesota Pollution Control Agency (hereafter Agency) in support of the application for this ISP. That information includes: a. the draft Environmental Impact Statement (EIS) for the project which was circulated for review and comment in May and June of 1990; b. the final EIS for the project which was approved on June 17, 1993; c. a letter from the Federal Highway Administration issuing a Record of Decision on August 20, 1993; d. the ISP application for the project, received on November 19, 1993; and e. a facsimile from Evan Green, on behalf of the first permittee, to Innocent E. Eyoh of the Agency, providing additional information on the proposed project. All of the above materials were used in determining the conditions of this permit. Assumptions contained in the documents specified in Part II.B.I., involving density of land use and /or level of roadway construction, and resultant trip generation, trip 2 distribution, noise analysis, and air quality were used as the basis for authorization of construction as noted above. Except as permitted in Part III.D., Design Changes, changes in these assumptions are not permitted by this permit. C. Definitions. 1. Agency. The term "agency" shall mean the Minnesota Pollution Control Agency. i 2. Authorization of construction. The phrase "the permittee may authorize construction" or "authorization of construction" means the permittee may authorize or allow the issuance of any necessary construction or grading contracts for co on. 3. Commencement of construction. The phrase "commencement of Construction" shall have the same meaning given it in Minn. Rules pts. 7023.9000, subp. 7. 4. Commissioner. The term "commissioner" shall mean the Commissioner of the agency. 5. Contractor. The term "contractor" shall mean an y person or p erso i s with whom the permittees have contracted to commence construction on any portion of the project cover by this permit. 6. Design Changes. A proposed modification of any part of the project described in Part I of this permit, including but not limited to modifications of mainlines of roadway, interchanges, intersections, and frontage roads, shall be considered a "design change" if it meets any of then following criteria: a. the modification would lead to a material adverse effect on air' quality by altering mobile source activity; b. the modification would violate any Special Conditions or Gen contained in Part III. and Part IV. of this permit; or c. the modification would (1) contradict the submitted infonmati II.B., and (2) lead to a material effect on air quality by altering activity. 7. Manager. The term "manager" shall mean the Manager of the Air the agency. PART III. SPECIAL CONDITIONS Authorization of Construction. The permittee is authorized to constr specified in Parts I. and II. above, subject to any limitations and/or a in the Special and General Conditions contained in Parts III. and IV. Modifications of the project shall be subject to the provisions in Part Design Changes. 3 A. Conditions L r n referenced in !Part mobile source 2uality Division of : the project as itional requirements this permit. ..D., if they constitute B. No Actions to Violate Permit. The permittee shall authorize construction, and/or allow construction to proceed once it hbs`con menced; for'any portion of the project covered by ' this permit, only if the conditions of this permit have been met. In addition, the permittee shall use best efforts to prevent or restrain any employee of the permittee or any person retained by the permittee on a fee - for - service basis from knowingly taking actions, ' promoting policies, or signing contracts which encourage contractors constructing this project to violate the terms of this permit. t C. Notification of Changes. The permittee shall notify the manager at least ten (10) days in advance of the date of signing any public contract in which items to be considered would, if enacted in the form proposed, result in the inability of the permittee to comply with the ' provisions of this permit. ' D. Design Changes. Before implementing any design change, the permittee shall inform the manager of the design change and shall submit for review and approval such information as the manager may require to determine the effect of the design change. The permittee shall ' not implement any design change without first receiving the approval of the manger. E. Noise. To control noise at the project, the permittee shall either require all contractors for the ' project as a condition of any construction or grading contract for the project, for which the permittee may authorize construction, to perform these items, or the permittee shall perform these items: ' 1. ensure that all engines and engine- driven equipment used in construction and/or maintenance of the project are fitted with adequate mufflers that are properly ' maintained and in constant operation; ' 2. comply with any additional requirements of any noise ordinances of the permittee; 3. comply with any additional requirements of Minn. Rules pts. 7030.0010 to 7030.0080; ' 4. as part of 3. above, provide all required noise mitigation, including the construction of 17,800 linear feet of noise walls along the side of corridor where the post - construction operation of the highway will result in predicted increases in traffic generated noise levels, and landscaping and berming in the areas with isolated receptors where the cost/benefit analysis ratio prohibits the construction of noise walls as referenced on ' Pages 27 through 45 of the ISP application. The permittee shall implement these noise mitigation measures prior to opening any of the applicable portions of the project to traffic. ' 5. submit any proposal which would increase the noise sources within the right -of -way or P impacts on properties abutting or within the right -of -way, including construction of ' light rail transit or construction of new noise receptors not presently existing within the right -of -way, to the manager for review and approval. The permittee shall not ' approve any such proposal for additional noise sources or receptors without having received the aforementioned approval from the manager in advance. 4 f 1 F. Fugitive Emissions. To control fugitive emissions at the project, the permittee shall either require all contractors for the project as acondition of any construction for grading contract for the project, for which the permittee may authorize construction, to pierform these items, 1 or the permittee shall perform these items: 1. spray construction areas and haul roads with water, calcium chloride or other effective 1 preparations, to the extent necessary to minimize fugitive emission, especially during periods of steady winds exceeding 30 miles per hour or high levels of construction activity; 2. wet ramps at the construction site and wash the streets surrounding the construction site 1 on a daily basis, as necessary, to limit dust reentrainment, except When the streets are wet from precipitation or when such actions will result in freezing f the agent liquids during freezing temperatures; 1 3. Appl} surface hardening agents, wetting or chemical agents, so they minimize ground water or surface water contamination in violation of any applicable water pollution ' control statute or rule; 4. take anv actical measures to avoidable amounts of partic late from becoming P airborne from trucks hauling materials to and from the site; 5. cease particulate- producing activities during periods of steady high winds exceeding 30 miles per hour; and 6. take any additional measures required by Minn. Rules pt. 7011.01 50, "Preventing , Particulate Matter from Becoming Airborne." H. Annual Reporting of Construction. Beginning February 22, 1995, the permittee shall submit to the manager on an annual basis a report of the portions of th�, project completed and under construction, including required noise mitigation under Part IILE.4. until all ' project construction is completed. The;permittee shall send a letter to t �e manager, informing the agency when all project construction is completed, within sixty days of such completion. 1 I PART IV. GENERAL CONDITIONS i l A. The agency's issuance of a permit does not release the permittee from aIny liability, penalty, ' or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. B. The agency's issuance of the permit does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those 'ow in existence and does not prevent the enforcement of these rules, standards, or orders a�ainst the permittee. 5 1 F1 C. The permit does not convey a property right or an exclusive privilege. D. The agency's issuance of a permit- doesmot obligate -the agency to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. E. The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the agency and in compliance with the conditions of the permit. F. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittee shall install and maintain appropriate back -up or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if this back -up or auxiliary facilities are technically and economically feasible. G. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan or other document required to be submitted to the agency or to the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner any error or omission in these records, reports, plans, or other documents. H. The permittee shall, when requested by the commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct or activity covered by the permit. When authorized by Minn. Stat., §§ 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall be allowed by the penmittees to enter at reasonable times upon the property of the permittees to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. J. If the permittee discovers, through any means, including notification by the agency, that ' noncompliance with a condition of the permit has occurred, the permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from noncompliance. ' K. If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the t permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the 6 commissioner. Within five days of the discovery of the noncompliance,, the permittee shall submit to the commissioner a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or, planned to reduce, eliminate, and prevent, of the noncompliance. L. The permittee shall report noncompliance with the permit not reported under Part IV.K., General Conditions, as a part of the next report which the permittee are required to submit under this permit. If no reports are required within 30 days of the discovery of the noncompliance, the permittee shall submit the information listed in Pari, IV.K., General Conditions, within 30 days of the discovery of the noncompliance. M. The permittee shall give advance notice to the commissioner as soon as�possible of planned physical alterations or additions to the permitted facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the permit. N. The p ermit is not transferable to any person without the express writtenj approval of the agency after compliance with the requirements of Minn. Rules 7001.0190, subp. 2. A person to whom the permit has been transferred shall comply with the Conditions of the permit. j O. The permit authorizes the permittee to perform the activities described the conditions of the permit. In issuing the permit, the state and agenc; responsibility for damage to persons, property, or the environment cau the permittee in conduct of its actions, including those activities author undertaken under the permit. To the extent the state or agency may be activities of its employees, that liability is explicitly limited to that pro Claims Act, Minn. Stat., § 3.736. P. Approval to construct or modify shall become invalid if construction o: indirect source is not commenced within 24 months after receipt of the agency may extend this time period upon; a satisfactory showing that ai justified. The permittee may apply for an extension at the time of initi. any other time thereafter. Dated: Lisa J. Thorvig Division Manage Air Quality Divi 7 n the permit under assume no :d by the activities of zed, directed, or, iable for the ided in the Tort modification of the ipproval. The extension is l application or at I F� PUBLIC NOTICE OF INTENT TO ACT UPON AN APPLICATION FOR AN AIR QUALITY INDIRECT SOURCE PERMIT ' NOTICE IS HEREBY GIVEN, pursuant to Minn. Rules pts. 7001.0010 to 7001.0210, 7023.9000 to 7023.9050, and 7030.0010 to 7030.0070 (1993), that the Minnesota Pollution Control Agency (MPCA) has received an application from the Minnesota Department of Transportation to construct Trunk Highway (TH) 212 from the Interstate (I) 494/TH 5 interchange in Eden Prairie, to the junction of the TH 212 four -lane bypass approximately two ' miles east of Cologne with the existing two -lane TH 212 in Carver County. The length of the project is about 18 miles. The proposed project is to be constructed as a four -lane divided roadway in the southwestern portion of the Twin Cities metropolitan area. The proposed highway would be constructed as a freeway on a new alignment between Eden Prairie and Chaska Township ' following a southwesterly route through the cities of Chanhassen and Chaska. At the western end between Chaska Township and Cologne, the proposed roadway would be constructed as a four -lane, di Jed expressway with at -grade intersections and would follow the existing TH 212 ' alignment through the Township of Dahlgren. 1 The proposed project will have signalized intersections at Dahlgren Township Roads 22, 154, 398, 155, and 395, at Kelly Avenue, and at Carver County Road (CR) 43. Several interchanees will be constructed at the connection to the inplace TH 212, future CR 10 location, TH 41, future CR 17, relocated TH 101, future Dell Road, County State Aid Highway (CSAH) 4, Wallace Road /TH 5, Mitchell Road and Prairie Center Drive. The project will also include grade separations at the inplace CR 147, and CRs 140, 10, 111, Bavaria and Audubon Roads, Pioneer Trail, Diamond Boulevard and Miller Park. The project will be constructed in four staged segments. Segment 1 will start from the I -494 eastern terminus and ends at CSAH 4. This segment will consist of five construction stages. The proposed bid letting dates for stage I through V are 1994, 1995, 1997, 1998 and 1999 respectively. Segment 2 construction will start from CSAH 4 in Eden Prairie to TH 41 in Chaska. This segment will be constructed in two stages. The proposed bid letting dates for stages I and II of Segment 2 are 2000 and 2001 respectively. Segment 3 construction will start from the junction of TH 41 to CR 147, while Segment 4 will start from CR 147 and end at the junction of the TH 212 four -lane bypass approximately two miles east of Cologne, with the existing two -lane TH 212 in Carver County. Segments 3 and 4 have no bid letting dates since they are not yet programmed; however, completion of the total project is expected in the fall of 2009. Exterior noise levels within the corridor are influenced by vehicular traffic on the existing roadways and urbanized activities. The post - construction operation of the highway will result in predicted increases in traffic generated noise levels throughout the project corridor. The predicted increases in traffic generated noise levels will be offset by the construction of approximately 17,880 linear feet of noise walls at an estimated cost of $2,582,690. The construction design of these walls will achieve compliance with the state daytime and nighttime noise pollution control rules. TDD (for hearing and speech impaired only): (612)282 -5332 printed on recycled paper containing at /east I D'10 fibers from paper recd ckd br consumers At a number of isolated receptor sites, the cost/benefit ratio of constructing noise mitigation is prohibitive. Traffic generated noise levels in these areas are generally predicted to ? increase only marginally over the no -build noise levels. i The Air Quality Division has reviewed the application and supporting information and has determined that the permit should be issued, subject to special condition, including conditions related to design changes, fugitive emissions, and noise control. k draft permit has ' been prepared. A copy of the draft permit will be mailed to any interested party on request. Requests should be directed to Innocent E. Eyoh at the address and telephone number stated below. The fact sheet and relevant information are available for public inspection at the office of ' the Air Quality Division, MPCA, 520 Lafayette Road North, St. Paul, Minnesota 55155. Written comments received no later than February 19, 1994, will be considered before final action is taken on this application. Commentsf should be addressed to Innocent E. Eyoh, Senior , Air Quality Specialist, (612)296 -7739, at the above address. Persons who submit comments will be notified when this matter is scheduled for final consideration. I Any person who submits comments on the draft permit should include the following: 1) a statement of the person's interest in the permit application or the draft permit, 2) a statement of the action the person wishes the MPCA to take, and 3) the reasons suppo i ing the person's position. Any person may also request that the MPCA hold a contested cas hearing prior to taking= final action on the permit application in accordance with Minn. Rule pts. 7001.0110 to 7001.0130 (1993). ' A public information meeting is a meeting called by the MPCA to solicit public ' comments and statements on the permit. A contested case hearing is a trial type proceeding conducted by an Administrative Law Judge in which parties introduce evidence and examine witnesses the MPCA then makes a final determination on the permit based upon the record of the contested case hearing. If a person requests a public informational meeting or a contested ' case hearing, the comments must include a statement of the reasons the person desires the MPCA to hold a public informational meeting or contested case hearing and the issues that the , person would like the MPCA to address at the public informational meetingior contested case hearing. Any request for a public informational meeting will be granted or denied in accordance with Minn. Rules pts. 7001.0120 and 7001.0130 (1993). Any request for contested case hearing , will be considered by the MPCA Board and will be granted or denied in accordance with Minn. Rules pt. 7001.0130 (1993). Dated this day of January 1994 'sa J. Thorvig ' Division Manager Air Quality Division ' M M 1.. a I.M. 11., N... Yu, Y'11a... e t it N ew V o rk 9 Sunday, February 13, 1994 Arts & Leisure ucum2 Two for the Roads: A Vision of Urban Design By HERBERT MUSCHAMP EIRE RIGHT TO BE SKEPTICAL OF URBAN visionaries. Unchecked, even the most radiant dreams can turn env into nightmares. The towers Le Corbusier visioned rising from green open space soon became a deadly formula for urban blight. Robert Moses' idealistic vision of urban parkways grew intoan asphalt octopus. Frank Lloyd Wright's democratic vista of a decentralized America helped pave the way for the social atomization of the postwar suburb. In light of this cautionary record, it's worth pausing before tooting the born for even the worthiest talents. Pause. And here goes: William Morrish and Catherine Brown are the most valuable thinkers in American urbanism today. Mr. Morrish, IS, is the director of the Design Center for American Urban Landscape in Minneapolis, a think tank he established five years ago at the University of Minnesota's College of Architec- ture and Landscape Architecture. Ms. Brown, 43, is the Design Center's coordinator of special projects. Their work is just beginning to be widely known. Only a handful of municipalities have put their urban design concepts into practice. They have yet to compile their ideas into a book. But they have firmly estab- lished themselves as the most informed advocates of an idea that has lately risen to the top of the urban agenda, and their prominence is rising with it. Early on, Morrish and Brown recognized that infrastructure would become a key concept in redefining urban design. And they grasped that this term means much more than highways, bridges, sewage and power lines. It also stands for the connective tissue that knits people, places, social institutions and the natural environment into coherent urban relationships. As Mr. Morrish says, "Infrastructure is the safety net of the social system." It is shorthand for the structural underpinnings of the public realm. People throughout the design professions have awakened to the need to connect their area of expertise to a larger public purpose. But there is also a need to connect the design professions to one another. Unless architects, landscape architects, city and regional planners, and public works engineers can strengthen the Continued on Page 33 connective tissue among themselves, there s little chance that they can do it for the rest of us. Each of these disciplines harbors a stupen- dous wealth of intelligence, experience and enterprise that could help transform the way cities are designed and built. In a number of recent projects, Morrish and Brown have sought to release this potential by punching through the walls that have grown up around these increasingly specialized fields. Beyoi.d that, their mission is to convince public poli- cy makers that design encompasses muI h more than putting attractive wrappers (.)it things. it's a field whose applications are its broad as public policy itself. Historically, urban design has been among the most marginal of the design professions. Too often the term is taken to mean little more than visual embellishment: the estheti- cally pleasing coordination of street signs, ctnrefrnnts. navine and street lamps. Mor. rish and Brown are by no means indifferent to such features. The most widely known of their projects, a 1987 master plan for the public art program in Phoenix, has immeas- urably enriched the cityscape with ornamen- tal lighting fixtures, bus stop shelters and other conventional elements of urban design. But the Phoenix plan went considerably beyond its initial esthetic mandate. Art, here, became a synonym for vision, a tool for gaining a comprehensive overview of the city's underlying structure: its network of highways and canals, its transportation and sanitation systems, its parks and schools. While the plan resulted in the creation of dozens of distinctive artworks, its chief value was to foster civic exchange. h used art as a bridge between the public and those who make public policy. While the plan's frame- work was political, it was also artistic in the deepest sense, evoking the ancient meaning of noetry as an art of making connections. ORRISH AND BROWN'S EX- pertise in linking different areas of knowledge may well derive from the dialogue they have conducted between thein- 4r.r Kaw *to II*WW Yx117x Witham Morrish and Catherine Brown, founders of a think tank for the design of cities. selves over the years as designers trained in different disciplines. Mr. Morrish is an arc hi- tect, Ms. Brown a landscape architect (ine two, who are married, met in 1976 while tt cy were both students at Harvard's Gradu, to School of Design), and their vision of url -an design could be said to grow from the sym- bolic act of planting a wall in the ground. The symbolism of that act is twofold. It i a joining, a metaphorical marriage betty( en the natural and the cultural. But it is also a primal act of differentiation. It carves land into turf, divides space into conditions of inside and outside. Such divisions are cultur- ally and socially indispensable: arts, sci- ences, communities and families flourish within differentiated spaces. But those divi- sions can also produce conflict, alienation and gridlock. How to preserve the complex ity without being defeated by it? How to retain reverence for the land without escaping into simplistic pastoral fantasies? Morrish and Brown's thinking runs strong- ly along Big Picture lines. But it runs just as vigorously along pragmatic, microcosmic lines. Few of the projects they've worked on have the high - profile pizazz of the Phoenix public art plan. More typical is the plan for a highway corridor they conceived for Chan- hassen, one of four small Minnesota cities that have recruited the Design Center to help them cope with the pains of urban growth. Located 12 miles west of Minneapolis, Chan- hassen (pop. 35,000) is the home of a dinner theater that draws audiences from through- out the region. The city's population nearly doubled in the 1980's, transforming it from a rural community to a "third ring " . suburb and prompting plans to expand the area's main traffic artery from a two -lane road to a divided four -lane highway. Chanhassen city officials were caught in a classic bind. While they favored growth, they wanted to retain the identity that made peo- ple want to live there in the first place. They feared that the highway would solidify into a tacky commercial strip, obliterating the roll- ing, wooded landscape with parking lots and discount stores. In 1991, the Design Center was brought in to give advice. Morrish and Brown recognized that the problem of growth couldn't be solved simply by prettifying the highway. Inevitably, the new road's impact would be felt throughout the region. Thus the team's first task was to enlarge the "high- way corridor" to an area that eventually encompassed about 40 percent of Chanhas- sen's land, including properties likely to be Their mission is nothing less than to transform the way cities are d esigned and built. developed in the future. Morrish and Brown viewed this project as an educational mission, not only for their students (the Design Center, which is fi- nanced by.the Dayton Hudson Foundation, offers a program of graduate studies) but also for the officials who would have to work with state officials and private developers over the long term. What is "identity "? A design committee, including the Mayor and other officials, began meeting about once a month to get an analytical hold on this elu- sive quality. The first lessons were visual. Committee members wentiinto the field to photograph natural featuresand historic buildings; then the pictures were pinned up and analyzed. The committee saw that the topography formed large, outdoor "rooms" that could guide future development. It saw how rela- tionships between rolling hills, low -rise build- ings, treetops and church steeples defined Chanhassen's character. Next the committee studied the "architec- ture" underlying these visual images. Out- side consultants led seminars on wetlands and geological formations and their impact on local vegetation and wildlife. Old maps and newspaper; articles were used to trace the impact of agriculture, industry and ur- banization. The - purpose of these exercises was not to turn:people into amateur environ- mentalists. It was to help them become bet- ter clients for engineers, architects and land- scape designers. The city had learned -to see that there is more to identity than the visual surface of things. They wouldn't have to settle for the p� natural look of the typi- cal suburb, with its arbitrarily curving streets, ersatz pastoral landscaping and arti- ficially weathered wooden siding. The highway design was modified. Front- age roads, which usually run parallel to highways and stropping center parking lots, were moved away from the highway and designed to become actual city streets. The developers of a! new chain discount store were persuaded to rotate the building 90 degrees, orienting it toward the town instead of the highway.! Landscape designers were brought in to improve the design of pedestri- an underpasses. A pedestrian bridge over the highway was reconceived as a landmark city gateway and linked to a park/ ride •Service. But something more important than these individual projects came out of the process. The town discovered that it didn't have to accept. standard soltitions. The highway Mor- rish and Brown designed was not only for cars but for minds. Though small in scale, the Chanhassen plan is far - reaching in scope. Most urban development today is unfolding at the subur- ban edge. (The 1992 Presidential election was the first in which the majority of voterssvere neither urban nor rural but suburban.) But Morrish and Brown have not abandoned the older, downtown core. Two current projects, both in Minneapolis, demonstrate their rec- ognition that e*plosive growth at the urban edge calls for even greater commitment to the inner city. . Hennepin County Works, a contemporary, grass -roots version of the New Deal's W.P.A., will create jobs`as well as a network of small neighborhood parks. In a second project, commissioned by the Minneapolis Housing Authority, the Design Center is studying how design and planning modifications could break down the barriers that have isolated public housing residents from the rest.of the community. Both projects. illustrate Ms. Brown's belief that community building calls E a combination of design skills and ail I hough the Design -Center's approach is h. it does not come out of a histo I uum. its fusion of esthetics, engine g natural systems 'places Morrish wn in the tradition pioneered by Freder- Law Olmsted. 71he cognitive mappingif Pin Lynch and the ecological plannin t McHarg are among their phi 1 rocks. Above all, their ideas are rooted in work of J. B. Jackson, a writer ounded the idea that the beauty of pe lies in the complex integration of '` s and human artifacts. Jackson taught a f of looking: a way!to see that a Ro stain, for example, its at once -a wo Ipture, a public space, a feat of engter- and a unit of regional planning that linked city to Its surroundings via the aqueduct tem. forrish and Brown have turned Ja sp f of seeing into a method of education. n a week exploration of cities along the Mis- tippi River that they conducted in , y trained students to see how enginee� urbanization have tried to change t . thinking at the Ixn Center runs Ilhes. But it runs just as vigorously along nilcrocosmielines. I shape of what they call America's t cost. Through the Mayors' Institute, a pro- grim established by the Design Cents 1911, they have trained public otticia Midwestern cities to see that design ca an effective means of mustering a communi- ty physical, economic and intellectual sources. j3ut the main contribution of these twoMs begn to make education the basis of design. It is painstaking process, one that reduced to a cookbook of recipes And t, wijh billions of dollars earmarked for is wgrks, it would be folly not to rethink from thg ground up the way those dollars are spent. Morrish and Brown are not bu they're not selling images; t no even selling designs. What they r, re illy, is deliverance from the state of ex. ha istion that can easily overtake use drive across the land and focus on s, rust, traffic jams, crumbling levees a roiiite out of the despairing sense that Amer. has run out of horizons, ckused the tier, arrived at the end of our road. Mo a Brown see that ; the end is only inning of a new learning curve, a path thl ough ideas. O II I i R C H ~ITS C T U RE t 4< � _ ��.«. �} v � � 1 '��, -, ar i : 1�-f.3, • s '�L� �iit ,,,j'�.., � : ,,,,� .�� +�1� ",..i� • � �.�8� ". �� .�i�� ? ` `� � eR.. j �,, i f . "�i a � "� v. i.a • i�1� -�' ;�� a� .,n � , e V7�` !' r e g i r r r• �' .'�� r"`�"` Z a{'!,ty ) -i• � J " , °$` - e A .v 4 \Ls.,'�•ffa'Y 'FS SLY " �� : V � �t'�a,. 773. :.�� _ �G ,r^ ... '� � ft � ► �._ 2 + F {'j,�. �� ` \ � } r '�'ay � � x ,Y � +� lg �r �,. F§s 7 's.��'�� t.�.'^ "'"' .r� _i tc� f t. t {� �•..q" ,t i , z, sue "" c'`J F` � F - 'Fi1 d f re +v a '� y"R. -r• � Q yY :�� ' �t. ^.' � y � � F't'� -. Y 1 . d� �' +i� { �t�+ `� c _ ��y ,S ^'�^ � � � ~ 3 , i y 2 ':v' .p j� FD �j4 L ` •X. 7 \a i � eb. iC r: I L� Olirirn MARK O'BRIEN SENN rt� v February 15, 1994 � I ♦ 1" Mr. Todd Hoffman City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Todd: Several weeks ago I was contacted by a Mrs. Hamilton from Chanhassen Estates. I reviewed her concerns and thought she had some valid points. Her biggest concern was she thought her comments were not being heard. Rather than getting directly involved, I suggested she continue to follow -up with you since there was another meeting set. After the second meeting, I talked with Mrs. Hamilton and she was just elated. Mrs. Hamilton thought everything turned out just great and that you and the consultant were very responsive in satisfying all the concerns. Good job! Yours truly, Mark O. Senn MOS /bjm cc: Don Ashworth 7160 Willow View Cove * Chanhassen, Minnesota 55317 9 612 - 949 -2272 11 -Feb -1994 i Minnesota Pollution Control Agency g cY DEAN SABINSKE 7061 WINFIELD ROAD ROCKFORD, MN 55373 � �� _ Dear DEAN SABINSKE: / i It is a pleasure to inform you that you have passed the written examination for wastewater facility operator, Class SD Your score was 80%. You will be certified, and receive your certificate, upon receipt of the $15 certification fee and a copy of this letter, subject to approval by the Water Supply and Wastewater Treatment Operators' Certification Council. Please note that the $15 previously submitted was for the examination only. The certification fee, made payable to 'the State Treasurer, should be mailed to: i Russ Degerstedt Operations / Training Unit Municipal Section Water Quality Division Minnesota Pollution Control Agency: 520 Lafayette Road St. Paul, Minnesota 55155 -4194 i We commend you for the interest you have shown by your effortito meet the requirements for certification. If you!have any questions, pease contact'me at (612)296 -7209. Sincerely, 1 Russ Degerstedt Operations / Training Unit Municipal Section Water Quality Division 520 Lafayette Rd. N.; St. Paul, MN 55155. 4104; (612) 296 -6300 (voice); (612) 2 Regional Offices: Duluth - Brainerd* Detroit Lakes - Marshall - Roche Equal Opportunity Emplover • Printed on recvcled oaoer cnntnininn w iaaw 1 n0. +;ha.� frnrn nonar Aw !oA h,, -- -- m � = m m m m = m = m = m m = r CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 02 -14 -94 PAGE 1 CHECK 1F A M O U N T C L A I M A N T P U R P O S E 054153 807.64 BRW, INC. FEES, SERVICE 054154 1,202.93 BARTON'ASCHMAN ASSOC. FEES, SERVICE 054155 3,015.46 HOISINGTON KOEGLER GROUP FEES, SERVICE 054156 838.50 HOLMES & GRAVEN FEES, SERVICE 054157 3,167.23 J E A ARCHITECTS FEES, SERVICE 5 9,031.76 CHECKS WRITTEN TOTAL OF 5 CHECKS TOTAL 9,031.76 CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 02 -14 -94 PAGE 1 1� CHECK 0 A M O U N T C L A I M A N T P U R P O S E 048928 5.00 CHAN CHAMBER OF COMMERCE TRAVEL & TRAINING 1 5.00 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 02 -14 -94 PAGE 2 CHECK S A M O .0 N T C L A I M A N T P U R P O S E 053972 38.47 TODD GERHARDT TRAVEL 6 TRAINING 053973 4,038.07 HOISINGTON KOEGLER GROUP FEES, SERVICE 053974 3,584.90 KBW KALAMAZOO, INC USE TAX PAYABLE AND - PROMOTIONAL EXPENSE AND -SALES TAX ON PURCHASES 053975 458.31 PARKSIDE PRINTING, INC. SUPPLIES, OFFICE AND -SALES TAX ON PURCHASES 4 8,119.75 CHECKS WRITTEN TOTAL OF 5 CHECKS TOTAL 8,124.75 m .f I CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 02 -28 -94 PAGE 1 CHECK # A M O U N T C L A I M A N T P U R P O S E 054301 21.69 DONALD ASHWORTH TRAVEL & TRAINING 054302 2,640.95 BRW, INC. FEES, SERVICE 4 054303 15.27 BUSINESS ESSENTIALS INC SUPPLIES, OFFICE AND -SALES TAX ON PURCHASES 054304 279.29 CAMPBELL, KNUTSON FEES, LEGAL 054305 8.41 TODD GERHARDT MILEAGE 054306 1,798.36 HOISINGTON KOEGLER GROUP FEES, SERVICE 054307 149.50 SOUTHAM BUSINESS PRINTING AND PUBLISHING 7 4,913.47 CHECKS WRITTEN I February 23, 1994 ' Mr. Mark Senn 7160 Willow View Cove Chanhassen, MN 55317 I Dear Mark: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 You asked that I respond to some of the points brought out in Guy Peterson's letter of February 11, 1994, Le: ' - Background: HRH's Acquisition of Lot North of the Market Square Development Both the city and Bloomberg Companies were interested in attempting to bring a grocery store into Chanhassen. They looked at various alternatives as to how that type of development could occur on the Market Square property. One of the major hurdles for Bloomberg Companies was that the northeasterly quarter of the property was owned by Mr. Burdick. They did have an option agreement with him, but the cost of the property was relatively ' high. Bloomberg Companies, together with approximately three other partners, were finally able to reach agreement with a lending institution for financing the southerly two - thirds of the property including a grocery store and an additional 50,000 sq. feet of retail space (current complex as constructed). The problem with the proposal was that, although Bloomberg Companies owned the southerly two- thirds of the property and was willing to put their property;as an: equity :position, there' was not sufficient monies to pay ' Mr. Bloomberg: and. Mr„ Burdick (northeast -quarter of the ,property) n The partnership approached the�HRA asking them to purchase both the Burdick and Bloomberg properties for what they considered ,to be less than market value with the condition that the HRA would resell that property to Bloomberg Companies when ` specific development plans were developed for the property. The HRA's sole motivation was attempting to make the grocery store and retail complex happen There was no representation by Bloomberg ' Companies as to how the property might eventually be re- marketed except to state that whatever user was found for the property would comply with all city zoning, building, ' etc. codes. The purchase /repurchase agreements are silent in terms of any typical covenant -types of requirements, i.e. no restrictions as to height, types of users, etc.; and E Mr. Mark Senn j February 27, 1994 I Page 2 Background: Taco Acquisition Mr. Peterson engaged Jerry Brill to4represent him in the city's condemnation of his property at Highways 101 and 5. The condemnation was ' necessary as access to Mr. Peterson's property was being taken away through the Highway 101 relocation project. I am not aware of any city staff meeting with Mr. Peterson to talk about potential sites for his relocation with all of the correspondence ' occurring through the city attorney's office and solely being offers as Ito the condemnation value. His relocation was not a part of any offers made to him. By contrast, Brad Johnson had been employed by the Market Square Partnership to lease space in the retail '. center. Mr. Johnson would often stop at City Hall to ask what offers had been made to Mr. Peterson. It is my understanding that Mr. Johnson would then relay that offer to Mr. Peterson only to find that Mr. Brill had not relayed the same information. Mr. Johnson ' would then extract from Mr. Peterson what form of a counter offer may be acceptable. Mr. Johnson would then relay that information to the city, we would confirm that Mr. Brill was looking for that form of a counter offer, and would make the counter offer back , through Mr. Brill. The final purchase agreement between the HRA and Mr. Peterson contained no language as to where Mr. Peterson may be relocatingi to, did not warrant what form of neighbors he may have if he moved to one location versus another, !etc. ' The purchase agreement was clear that; the amount being paid did include all relocation costs attributable to Mr. Peterson under state law; and ! , Covenants/Restrictions Against Lot 4 /Outlot A Neither the City of Chanhassen nor the HRA have ever signed any form of covenants restricting uses th at may occur on Lot 4 or Outlot A except that they must meet zoning ordinance requirementls. We have become ' knowledgeable that such covenants may exist between the Market Square Partnership and Festival Foods (other tenants ?). As you may recall, Americana State `Bank had originally , submitted a site plan to locate their new bank facility on the northerly half of Lot 4. They later withdrew this application even though significant dollars had been spent in preparing a site plan and gaining Planning Commission/City Council approval. During , their presentation as to why they were; seeking the HRA's endorsement for selling the property at Market and West 79th Street to them, they eluded that tl}ey were not able to pursue the other site (lot 4) as a restriction had been placed on that property limiting the , building height to no more than one story. Again, the HRA/city �as never seen any documents that make any form of restrictions, but we do believe that they may exist given the testimony of Americana State Bank. ' Based on the above points, I strongly believe that the City of Chanhassen/HIkA have no "conflict of interest" position as it deals with Mr. Peterson, Bloomberg Companies, or the Market Square ' Partnership. On the other hand, whether a conflict exists between any of those three would depend upon what form of documents they may have signed between themselves. Again, the City of Chanhassen/HRA were not party to anytorm of restrictive covenant ocuments as it deals ' with the Market Square development itself or any of the remaining outlots.! 1 Mr. Mark Senn February 27, 1994 Page 3 Should additional information be desired, please feel free to contact me. Sincerely, 7 Don Ashworth City Manager DA:k PC: Guy Peterson, Guy's Grill (with enclosure) MEMORANDUM TO: Don Asworth FROM: Mark Senn Az� DATE: February 16, 1994 RE: Wendy's - Market Square I Attached is the letter I received from one of the tenants at Market Square. Most of the letter is self- explanatiory and raises numerous issues and concerns. Paragraph 4 is particularly disturbing to me. I would like you to respond to allegations that were raised. Is there any validity to these? j i If you have any questions pertaining to my request,; please feel free to contact me. I i RECEIVED L ' 8 199/ CITY Ur Ii 1 February 11, 1994 Guy's Grill 7874 Market Blvd Chanhassen, Mn 55317 ' We have read with interest that Wendy's will open a "free standing" franchise restaurant in the Market Square Mall in October 1994. We also read that a public hearing will be held Wednesday, February 17, 1994 at 7:30 p.m. regarding the project. The announcement of the opening seems to preclude discussions regarding the feasibility of the proposed development. Is the ' hearing simply a formality? We are concerned that a sales and leasing representative for Market ' Square Mall is also representing Bloomberg Properties in the Wendy's transactions. The Bloomberg property on which the restaurant will be located was ' purchased by the Chanhassen. HRA from pr'n'pert? ac fn-- the development of the Market Square Mall. Lease provisions would not permit the building of Wendy's in the shopping center parking lot ' so the HRA sold a part of the shopping center parking lot back to Bloomberg Properties so they could sell to Wendy's without a conflict with existing shopping center tenants. We think it is interesting that the same leasing agents represent both parties. ' This appears to be a conflict of interest. As you know, we were relocated from our Highway 5 location to Market Square Mall due to the realignment of Highway 101. We were not offered a suitable highway location following condemnation of our highway frontage property. We accepted the Market Square proposal with the understanding that we would be the only restaurant tenant. We were, however, unable to secure a drive -up window essential to our business. We acknowledged that Subway had already entered into a lease agreement and we accepted this conflict to our exclusive lease agreement. However, two additional tenants with competitive food operations have been located in the mall in violation of original agreements. We recognize that there are currently thirteen food operations in Chanhassen and there are plans or commitments for eight more restaurants or fast -food operations. We can compete. But we cannot, compete if the City approves a Wendy's franchise that would eliminate parking, add parking lot congestion and confusion and a unit that would block the view of our restaurant and signs. We hope the City remembers the legal problems encountered a few years ago when a building permit was authorized fo a two -story lake home on Minnewashta Parkway that blocked the view of the lake by residents that lived near the lake. The new home had to be dismantled and redesigned so the view was unimpaired. We believe the City Planning Commission and the City Council should carefully review the Wendy's proposal examining the following:, (1) Will the new development pIrovide traffic patterns that will adversely impact current ! of Market ,Square Mall? Wendy's customers will use the mall parking area to enter their drive - through windows. (2) Will the space required for Wendy's reduce the mount of land available for open space, greenways and landscaping originally promised when the mall was proposed? (3) Will the added free - standing unit eliminate the space that could be used for ?farket Square special even ts and added attractions such as the Lion's Club Christmas tree lot? (4) Will the reduction in parking prevent existing tenants from expanding to meet competition? We think ou supermarket anchor may consider expansion to meet the competition from Byerly;s. wiii they have the needed parking area to quaiity for financing? (5) Do we see a conflict of interest with the sales and leasing agent representing both Wendy's and Market Square Mall? We welcome Wendy's and others to Chanhassen but weldon't believe they should be allowed to block the view and entrance to existing restaurants and fast -food operations. We want shopping and dining to be a pleasant experience, not a frustrating maze of congestion and confusing traffic patterns. We ask for your careful and thoughtful consideration of existing business before you routinely recommend the Wendy's1proposal. Sincerely, Guy Peterson 1 GP: lc