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CorrespondenceI Correspondence League of Minnesota Cities Friday Fax dated March 30, 2001. Fire Department Fire/Rescue Calls - Week of March 26-April 1, 2001. League of Minnesota Cities Action Alert dated April 3,2001. Memo from Lori Haak re: Gateway Group Home and Assumption Seminary dated April 3,2001. Invitation to Community Education's Spring Fling Appreciation Breakfast. Memo from Carver County re: Severe Weather Awareness Activities dated March 23, 2001. Letter to Commissioner Julianne Ortman dated March 29, 2001. Letter to Mark Lundgren and Donald Dahlke re: Chanhassen Bowl Property dated March 28, 2001. Letter to Steve Torell re: Lakeview Hills Apartments dated March 27, 2001. Letter to Scott Botcher re: Natural Gas Flood Emergency Procedures dated March 21,2001. Cmnmunications Law Update from Brian Grogan dated March 19, 2001. Fire Department Fire/Rescue Calls - Week of March 19-March 25, 2001. Letter to Steven Liefschultz, The Ramada Co. re: Lakeview Hills Apartments dated March 23, 2001. Correction Notice for Public Hearing/Open House on Draft Regional Recreation Open Space Policy Plan and Draft 2002-2007 Metropolitan Regional Parks CIP. / Mar 38 2881 16:18:14 Via Fax -> Gl?- 937 5739 Rdministrator Page 881 Of 882 FR, DA YFA Number 13 Gu~ ~~ "-"~'"~ A weekly legislative update from the League of Minnesota Cities March 30,200 Wine in grocery stores bill to age for another year Following a Thursday evening, Rep. Barb Sykora (R-Excelsior)withdrew her wine in grocery stores bill from consideration, effectively killing the proposal for this session. Reportedly, the bill would have been within two votes of passage. It is worth noting that next session the wine in grocery stores bill can simply be picked up where it was left off in the House Commerce Commit- tee. Next year, opponents .of the legislation may face an increased uphill battle given Commerce Committee Chair Rep. Greg Davids' (R-Preston) statements criticizing some of the liquor industry represen- tatives' lobbying tactics. Rep. Sykora promised to pursue the legislation in the 2002 session. Land sale prohibition bill withdrawn The bill that would have placed a five-year prohibition on political subdivisions selling land acquired by eminent domain will not move forward this session. Recognizing that there are significant concerns which require further discussion, the bill was withdrawn from consideration in both houses this week. The authors of the proposal, Sen. Dan Stevens (R-Mora) and Rep. Bruce Anderson (R-Buffalo Township), have made it clear that they view the use of eminent domain, where the ulti- mate intent is to sell the property, as a serious impingement on the prop- arty rights of land-owners. The authors intend to make this issue the subject of an informal, but compre- hensive, study over the interim. The proposal is sure to resurface during the 2002 legislative session. Pension bill and PERA funding The Senate State & Local Govern- ment Committee and the House Govern merit Operations Committee considered and passed the omnibus pension bill late this week without any language to address the PERA funding shortfall. The Legislative Commission on Pensions & Retire- ment will meet again Monday morn- ing to consider HF 855 and SF 810, the Mares/Pogemiller bills that address the funding shortfall. Any final Pension Commission recom- mendation could be merged into the omnibus pension bill or could progress as a separate bill. The bills contain a number of pension provisions, including a new authori- zation for the Minnesota State Retirement System to establish a healthcare savings plan that would be structured as a defined contribu- tion plan with a separate'account for each individual. Additionally, the bill clarifies the application of the open meeting law to meetings of local volunteer fire relief associations. Given the statutory requirement that cities guarantee the funding of benefits paid from these relief associations, the League has a long-standing recommenda- tion to cities that the open meeting law be applied to these volunteer relief associations. The bill was expanded by the pension commis- sion to include the police and paid fire relief associations, the Minne- apolis Employee Retirement Fund, and first class city teacher plans. Check next week's Bullet/n for an update on the PERA funding defi- ciency leg islation. Utility bill introduced On Thursday, Rep. Dan McEIroy (R-Burnsville) introduced a bill that attempts to address the potential, impending deregulation of the electric industry and the elimination of the property tax paid by utilities on electric-generating personal property. Investor-owned electric utilities have argued that if deregulation is enacted, Minnesota's taxes--especially the high property taxes applied to electric-generating property--wou Id place them at a competitive disad- vantage to competitors located in other states. The communities that host these facilities argue that a property tax exemption would - dramatically reduce their local tax base and eliminate the benefit that_ was associated with the original siting of what many-consider to be a "not-in-my-back-yard" facility. Under the bill, property taxes paid' by electric-generating plants would be reduced by approximately 75 per- cent through property class rate reductions. To offset the impact on local governments, the' state would issue bonds and deposit the pro- ceeds into locally-managed trust funds for each of the communities that currently host electric-generating facilities. The funds would generate interest sufficient to replace the reduced property tax revenues for local units of government. To repay the bonds, the electric utilities would create a separate, temporary distribution surcharge that would apply to each electric user, including homes and busi- nesses. The impact of the tempo- rary surcharge would presumably be offset th rough base electric rate reductions due to the property tax exemption for generating property. For more information on city legislative issues, contact any member of the League of Minnesota Clties Intergovernmental Relations team, (651) 281-1200 or (800) 925-1122 ilar 38 2881 16:11:11 Via Fax -> 612 937 5739 fld~inis~ra~or Page 882 Of 882 .-RIDAY,'-AX 30, 200I ~ PA~E 2 The bill is supported by the Coalition of Utility Cities and by Xcel Energy. Other groups will likely react when the bill is heard in committee in the coming weeks. Compromise reached on municipal consent modifications bill On Wednesday, the House Trans- portation heard a bill that would have significantly limited the ability of cities to negotiate with the Dept. of Transportation (Mn/DOT) on trunk highway projects located within cities. Essentially, HF 1973 (Work- man, R-Chanhassen)would have made preliminary municipal consent binding, and would have allowed Mn/DOT to proceed with a project regardless of the outcome of an appeals process. The bill's opponents urged the com- mittee to lay over the bill to allow for more input on the issue. Members felt the bill, in some fom~, should move forward this session. Repre- sentatives of the LMC and the Association of Metropolitan Munici- palities (AMM) worked with legisla- tors and M n/DOT to work out a compromise. The bill, as amended, provides concise definitions of what informa- tion Mn/DOT must provide to cities prior to seeking consent, including a good faith cost estimate of the related municipal expenses. Most importantly, the bill proposes an appeals process that is binding for both cities and Mn/DOT. The amended bill passed out of committee without opposition and is expected to be heard on the House floor this session. Sen. Roy Terwilliger (R-Edina) introduced its companion, SF 2106, in the Senate this week. The bill has not been scheduled for a hearing in the Senate. Seeking input on timeline for re.establishing precincts and redistricting wards The League would like to know how cities, particularly those holding local elections this year, view the timeline for re-establishing precincts (and redistricting wards for cities that elect councilmembers by ward) if the Legislature completes redis- tricting in 2001. The question has been raised as redistricting commit- tees in the House and Senate and th e Govern or's Advisory Citize n Commission on Redistricting begin developing proposals for redistrict- ing legislative and congressional districts. Although it appears unlikely the Legislature and the governor will agree on a final plan before the Legislature is scheduled to recess on May 21, state lawmakers want to anticipate the timeline 'for redistrict- ing at the local level following adoption of state and congressional redistricting plans. Current law requires that precincts must be re-established and wards must be redistricted within 60 days after the Legislature is redistricted. If the Legislature completes redis- tricting this session, this could pose problems--unless either the 60-day timeline is changed to go into effect after the Nov. 2001 elections or the effective date of state and congres- sional redistricting is set for Jan. 1, 2OO2. The League would like to hear from cities, particularly those holding elections this year, what you think a reasonable timeline would be in the event redistricting of legislative and congressional districts is completed in 2001. Please fax comments to Ann Higgins at (651) 215-4114, or e-mail: ahiggins@lmnc.org. Builder/realtor municipal regulatory reform legislation Various policy committees in the House and Senate approved the builders'/realtors' municipal regula- tory reform legislation this week. The following components are contained in the final compromise language of the municipal regulatory reform legislation: · Repetitive plan check fee rulemaking. · Municipal ordinances or develop- ment agreements must not be more restrictive than the state building code for components or systems of residential structures. · Binding interpretation of code provisions and required enforce- ment of the interpretation. · Starting April 1, 2003, municipali- ties shall report information relative to fee revenue and expenditures to the Dept. of Administration. · Clarifies municipalities may not require a state licensed builder to pay a local fee related to licensure or registration. · Requires that fees imposed under §462 must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed. It requires munici- palities to established procedures to account for the use of the fee. Aisc, this section makes clear that disputed fees--specific fees to specific applications--are eligible for judicial review under §462.361. It provides a process for fees to be escrowed and for approved projects to proceed while the dispute is being resolved. · Limits the effectiveness of §429 waivers to the amount of the estimated assessment amount or amount agreed to in a development agreement. CHANHAS SEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF MARCH 26, - APRIL 1,2001 mon Mon Tues Tues Tues Tues Weds Weds Weds Thurs Sat Sat Sun Sun Sun Mar Mar Mar Mar Mar Mar Mar Mar Mar Mar Mar Mar Apr Apr Apr 26 4:40 PM 26 4:51 PM 27 4:41 PM 27 9:35 PM 27 10:28 PM 27 10:51 PM 28 7:21 AM 28 2:02 PM 28 3:11 PM 29 12:19 AM 31 7:06 PM 31 7:14 PM 1 12:17 AM I 12:41 PM 1 3:18 PM Lake Drive Powers Blvd and Lake Drive Fox Hollow Drive Penamint Lane Penamint Lane Park Road Drake Court Park Road Pioneer Trail/Homestead Ln Market Boulevard Heidi Lane Chan View Buckingwood Court Deerbrook Longacres Drive Dishwasher smoking Car accident with injuries Smell of natural gas Medical - seizures Medical - seizures Fire 'alarm - false alarm, no fire Fire alarm - false alarm, no fire Fire alarm - false alarm, no fire Power line down Waterflow alarm - false alarm, no fire Fire alarm - burnt food Waterflow alarm - false alarm, no fire Medical - possible heart attack Medical - assist with lifting Fire alarm - false alarm, no fire ~p~ 83 2001 16:18:28 ~ia Fax -> 612 93? 5?39 fid~inistrator April 3, 2001 Contact: Gary Carlson (651) 281-1255 Eric Wiilette (651) 281-1245 ACTION ALERT State assistance for PERA funding deficiency in jeopardy The Legislative Commission on Pensions and Retirement will meet this Friday rnorning, April 6, to adopt recommendations on how to address the PERA coordinated plan's funding deficiency. Please contact your legislators and encourage them to contact pension commission members with their support for state assistance as part of the funding package. Although PERA benefits local governrnents and their employees, we believe state assistance is reasonable since the state legislature sets the contribution rates and benefit levels for the plan. The options under consideration by the commission include ernployer and employee contribution rate increases as well as plan modifications to reduce the long term cost of the plan. The comn-~ission members have discussed state assistance, but a general fund appropriation has not been popular. If the legislature does not also include state assistance of some forrn, either the plan will remain deficient or the employer and employee contribution rate increases will be substantial. Fully covering the deficiency through contributions would increase rates by twenty percent. We have lobbied for direct state aid to be part of the solution. An alternative funding source under consideration is to redirect state dollars that are currently funding the Teachers' Retirement Association plan which is enjoying a funding surplus. Such a redirection is not without precedent. Beginning in 1984, when TRA was experiencing a funding deficiency, the state effectively transferred revenues from PERA and MSRS to TRA through changes in employer contribution rates and state aids. Here's how it worked: employer contributions to PERA and MSRS were decreased, reducing the amount of money going into those plans. State aids to local governments and state agency budgets were decreased by an amount equal to the reduction in employer contributions. The dollars the state saved fi-om the aid and budget cuts were shifted to schools to fund an increased employer contribution to TRA. The increased ernployer contribution to TRA covered the plan's funding deficiency. Either direct state aid or redirected TRA aid would help reduce the need for PERA employer and employee contribution rate increases, and would ensure a balanced package for assisting PERA in reaching full funding. Pension Commission members: Senators: Dean Johnson, Larry Pogemiller, Don Betzold, Dan Stevens, Roy Terwilliger Representatives: Harry Mares, Phil Krinkie, Steve Smith, Mary Murphy, Steve Wenzel AN EQUAL OPPORTUNITY/AFFIRMATiVE ACT[ON EMPLOYER CITYOF CHAN EN ?/)Olle Oene','al ?ax 952, ?j Engineering Department Fax ~52.932 9,~52 Building Department Fax ~:~b Site MEMORANDUM TO: Mayor Jansen City Council FROM: Lori Haak, Water Resources Coordinator DATE: April 3, 2001 Gateway Group Home and Assumption Seminary Property PURPOSE On March 21,2001, City staffmet with Mr. Ray Pleasant of the Mid~ American Baptist Social Service Corporation (MABSSCO) regarding the relocation of the Gateway group home (Gateway) to the Assumption Seminary property. Gateway is currently located on approximately 10 acres north of Highway 5 in Chamhassen, just east of Arboretum Village. The area around Gateway is developing rapidly and MABSSCO is working on a deal with a developer that they hope to sign very soon. Because that deal is moving relatively quickly, MABSSCO is eager to secure a location for their new facility as soon as possible. The Assumption Seminary property is approximately 160 acres on the north side of Highway 212 and west of Bluff Creek Drive. The purpose of this ntento is to provide background on: 1. Discussions that have occurred at the staff level regarding the Assumption Creek/Seminary Fen property; and 2. What City guiding documents say about the management of this property, as well as: 3. Allow an opportunity for discussion of this issue to begin. ASSUMPTION CREEK AND SEMINARY FEN The Seminary Fen is a calcareous fen, which means it is fed by calcium and magnesium-rich groundwater. Calcareous fens are the least-common type of fen. Because calcareous fens are few and far between, the plants that live in the fen are considered quite rare. According to a September 30, 1999 Chanhassen Villager article, the unique environment that exists in Seminary Fen supports "five 'state threatened' plant species and three 'state special concern' species." Assumption Creek is Carver County's only remaining native trout stream. It is one of 15 streams in the metro area that still supports trout populations. Attached is the Chanhassen Villager article from September 30, 1999 that discusses the unique natural resources that exist on this property in more detail (Attachment 1). BACKGROUND Several months ago, the City encouraged Mr. Pleasant (as MABSSCO's agent) to pursue acquisition of the entire 160 acres. The City believed a group home would be a low- impact use compatible with the unique characteristics of the site. In addition, it would allow Gateway residents (boys 14 to 16 years of age) to learn about conservation, preservation and natural resources in general. In informal negotiations with the current property owner, Mr. Sam Wetterlin of Emerald Properties, Mr. Pleasant was unable to get Mr. Wetterlin to reduce the asking price for all 160 acres. Without consulting the City, Mr. Pleasant asked Mr. Wetterlin if he would sell MABSSCO a portion of the property. Mr. Wetterlin agreed to carve off a 20-acre parcel (just north of the creek before the creek goes under Highway 212; about 7 acres of which is upland) and sell it to MABSSCO for the relocation of GateWay. (When a resulting parcel has an area that exceeds 20 acres, it is exempt from the City's subdivision requirements.) In addition, Mr. Wetterlin proposed donating approximately 25 acres on the south side of Highway 212 to MABSSCO for use by Gateway as an educational--type area. Mr. Pleasant brought this proposal to City staff on March 21,2001 to get feedback. Staff did not support the proposal for several reasons: 1. Access to the 20-acre piece from Highway 212 would be difficult to obtain; 2. Since a wetland delineation has not been performed on the property, it is unclear whether the amount of upland outside of required setbacks would allow Gateway to build a facility with an onsite septic system and a well; and 3. Once a parcel containing valuable natural resources is carved into smaller parcels, it is much more difficult to protect the valuable natural resources. During the conversation with Mr. Pleasant, staff agreed to contact the members of a work group that was formed to address the management of Assumption Creek and Seminary Fen. Staff's goal was to resume the work group's discussion of the feasibility of purchasing the 160 acres. Staff indicated that any initiative to purchase the property would probably involve cooperation between several governmental agencies, several non-governmental organizations and MABSSCO. On March 23, 2001, staff spoke with Ms. Renay Leone from The Conservation Fund. (The Conservation Fund is a national conservation organization that provides expertise and can help find funds to buy ecologically significant lands, moving quickly on behalf of public agencies to secure those properties.) Ms. Leone stated that The Fund's role would be to assist in negotiations once the interested parties knew how much they were willing/able to offer toward purchase of the property. She also said that The Fund could pay for the property up front if interested parties needed to get their contributions in order. If necessm% The Fund could retain the property until ownership issues were resolved. Ms. Leone is out of the office through March 29, so staff will contact her again at that time. Following staff's conversation with Ms. Leone, several members of the work group xvere contacted. (The work group consists of representatives from the Minnesota Department of Natural Resources, the Friends of the Minnesota Valley, the Lower Mimmsota River Watershed District, Carver County, the Minnesota Land Trust and private citizens.) In general, work group members agreed that it was better to work to get the entire 160 acres instead of pieces at a time. In addition, members agreed to contact other members of the work group to get an idea of how much money could be pulled together toward the purchase of the property. Staff will hear back from work group members by March 30. A meeting may be scheduled for the first week in April so the work group can begin crunching numbers. If such a meeting takes place, Mr. Pleasant will be invited to attend. RATIONALE It is worthwhile to state the reasons behind this initiative. Key factors encouraging action by the City and/or other organizations are listed below. 1. The City has repeatedly given protection of this area the highest priority of all wetlands in the City (Surface Water Management Plan, Bluff Creek Natural Resources Management Plan and Comprehensive Plan--Attachments 2, 3 and 4). Other organizations have expressed similar goals. Staff believes continued cooperation with the working group will accelerate progress toward the goals outlined in the City's Plans; 2. Natural resource protection and preservation are much easier if the entire resource is located on one piece of property. Therefore, it is far more desirable to try to acquire the entire 160 acres that include the creek and fen than have the area divided into smaller pieces; 3. The price of the land will only go up over time (especially around 2015 when municipal sewer and water will be available to the site); 4. Gateway would be a highly compatible land use due to its low-impact nature and the willingness of MABSSCO to cooperate with the City (and therefore other organizations) for conservation/preservation purposes; and 5. If the City is indeed intent on giving protection of this area the highest priority, the City needs to decide exactly how much it is willing to spend. Mr. Pleasant has offered any help he can give. Staff indicated that he will be informed of progress made by the City or other organizations and that the City will contact him if his assistance is needed. TIMING Understandably, Mr. Pleasant and MABSSCO are eager to finalize plans for relocation of the Gateway facility. However, staff has asked MABSSCO for continued patience as the necessary parties (and with that, their dollars) are brought together. MABSSCO was incited to contact supporters who may be willing to contribute to property acquisition. MABSSCO has also been encouraged to decide how much it is able to contribute toward the purchase of land. Staff also recommended MABSSCO consider beginning the conditional use permit process in order to bring details together and help discern whether such a project is feasible. (Any group home serving 7 to 16 persons requires a conditional use permit.) Staff noted that a wetland delineation and environmental testing (e.g., soil borings to test for contaminants) should be done before the permit process has progressed too far. FUTURE DISCUSSIONS Staff desires feedback from the Mayor and Council; however, this memorandum is intended as a briefing on the issue. The Mayor and Council should expect to see an item on a future City Council agenda regarding this property. ATTACHMENTS 1. Chanhassen Villager Article, September 30, 1999 2. Excerpt fi'om Surface Water Management Plan, 1994 3. Excerpt from Bluff Creek Watershed Natural Resources Management Plan, 1996 4. Excerpt from City of Chanhassen Comprehensive Plan, 1998 ' www. ChanV'flbger. com Thursday, September 30, 1999 80 West 78th St., Su: ), :. .Hannah DiJhe_'~ i~la'nt eeolo · Albrec~ Of fl1& 6f :th~ Mil iey; and Kevih DNR Clali,, tlon '..c re.e k,: ':Ca 'County,s on!.y~t stream, as. lt.wfl ~d,,r . . IoW HighwaY 212: - ' PHOTO ay M,~ W/O~.~0N '- .. Calcareous Fen Cross Section ~,.'bluff - *-: ..-. ....... ~,~ ..... ., ....~ 'Water d~, ~c~mulat~ ~eml~ls, ~en pe~lntes and over to the ~l~reous fen FEN R~er Water table SOURCE: Depar[memof Natural Re~m~ G mphi~ byJONI BERG . ' -' ;": .: ."?.-?'.:" ;.."'::'r Fel~ continued from front drology or soils are dis- turbed, Dunevitz said, "the ~ommunity can be com- p letely destroyed." "The fen depends upon groundwater,' said Jeanettc Leete, DNR hydrology m- pervisOr. "Just keeping the area wet isn't enou§h, be- Muse for a fen to stay a fen, it has to be so saturated all the time with groundwater and the groundwater has to run away _ not become stag- nant or ponding. So when it rains, the rainwater is essentially rejected - water off a duck's back..' A fen's qualities lead to an image problem. A "laypersonwouldn't con- sider this a wetland because they don't see water," said Kevin Bigalke, a metro region t'rout stream watershed coordi- nator with the DNIL Without the open water, lined with cattails and rushes, people ask "How can that be a wetland?" Bigalke said. "It's a tough system to define." Trout stream The DNR is interested in preserv- ing a large chunk of the fen water- shed arva The entire wetland area is 600 acres, both north and south of Highway 212. The area is owned by abbut a dozen landowners. The land not only includes the fen, bat go Assumption Creek Carver County's only' trout stream and one of only 15 trout streams remaining in the seven-county metropolitan area. Of those 15 trout streams, the DNR has given six "high priority' status. The reasons for the high priority are the fen, increased devdopmmt around the watershed fringes, and the stream size. "It's one of the larger streams in the metro area' Bigalke said. As'a priority stream the DNR keeps a close eye on its health. In August, the DNR conducted a fish count in the stream (the results aren't in yet). A science class from Chaska High School also monitors the number of macroi.nvertebrates in the water - a gauge of water quality.' The DNR is "making contacts with resp.ective local government units and citizens who live in the area, to find out what they. know about the trout stream and the wat. enhed," Bigalke.sai& Bigalke also foresees a management strategy for the watershed, so groups can "protect the quality of resource~-diat exist.' "Al/of it is in private (ownership) right now and that provides a unique oppommity for us'to get in much with and get to know property owners," Bigalke said. '~re rdyon them to man- age resources, because we can't go onto private property and tell them how to take care of their land. We can pro- vide them with information abodt re- sources that are on the property and the significance of them, and give them information as far as how they could be better managing their land for the natural reSOurces.'' This approach helps neighbors "gain a sense of' ownership with the watershed, so it's like an extension of their back yard, and they can take pride ~ the way it's managed and pro- tected," Bigalke said. The DNR is initiating the educa- tional program as a collaboration with the Lower Minnesota Wa{e_nhed District and the Friends of the Min- nesota Valley. Neighb6rly advice- "In a lot of cases, I couldn't imag- ine"prote~'l~ng a (water) xys'tem with- out the p~ople who live around it be- ing the car~aken,~ L~e said. The Seminar7 Fen is '%ne of the target are,'~ for the n~xt year or two," ~aid Nancy Albrecht, registry' coordi- nator with the Friends of the Minne- sota Valley', a non-profit conservation organization. · "What we hope to do'is contact the landownei's adjacfiat.to it and provide them with information on what cal- careous fens are and why they're im- portant, and what they might be able to do on their owr~ land that will help the fen remain a healthier commtmi- ty," Albrecht &aid. Some of these meamres include controlling erosion, so surface water quality remains high, and controlling exotic spedm "Feni are very rare and they tend to have the diversity of plants that you. don't see in other wetlands 'in this area. And this fen is in pretty good shape and we want to keep it this way," Albrecht said. ' The 'Friends will start to. contac~ neighbors of the fen this fall asking them to join the Hin-itage Registry. The registry is a group oflandowfiers, who %olunteer to protect and preserve their natural land for the benefit 0fwild- llfe and the ecosystems that support it." Registration is voluntary and the agreement is verbal Jim and Mai& Eggen belong to the Heritage Registry. They bought the BluffCreek B&t and Breakfast'which sits dose to the fen about 14 months ago. "It's very interesting," said Jim, of the fen. "In fact, the whole Mirmeso- ta Valley is replete with wildlife. It amazes me relative to the other places .I've livedT' Buying the fen About nine months ago, the DNR offered to buy 160 acres of Chanhav se~ land;'uhich contains most of the fen area, from Emerald Ventures, LLC., bat the business didn't want to sdl. The DNR is limited by state law to offer appraised value. 'qgre're still very int~ in the piece, and it ranks high on the prior- ity list in the metro area for acquisi- tion,' said Lee Markdl, DNR land protection Specialist for the sdentific and natural areas program. "If we could negotiate.for the 160, we'd buy it.". 'The DI~R. acquires sites with."~tate- ivide significance," Markell said. "If they have a fair amount of disturbance, we typically do not seek. acquisition. ~ remains'pretty well tmdidurbed - the fen in particular." Sam W .etterlin, of EmeraldProp~- ti~ said he is thinking about 'devel- oping the land .adjacent to Highway 212, the "non-wetland part."There is "a substantial amount of high ground north, of the creek also. We'd like' to do some sort 6fdevdopment thin'e,' Wetterlin said. " ~- "What we're ~n'ently looking at is some sort of senior living campus - a combination of assisted cage'and unassisted living," Wetterlin said. ~Our idea is-to develop the high ground and at the same fi. me work out something with the DNR to do- nate the wetlands portion of the prop- erty which would include the creek," Wetterlin said. ' He would give the bulk of the prop- erty soiath of 212 to the DNR, ~ifwe work out some sort of mutually ac- ceptable development plan." Wetter- lin said he would try to develop the land within the next five years. The DNR would look at purchas- ing surrounding properties, Markell said, but ~the basic philosophy is-to pick up the core area tint' -' '~0'e certainly would like to stay ahead of the curve as far as devdop- ment~ and not be in a position ivhere we're picking up scraps,' Marke. ll said. %Ve'd llke to acquire a large chunk with a significant bumper around the fen, rather than a narrow strip along the creek. We'd like a nice wide buff- . er.n Fens are protected by strict state and federal laws,'Some areas of the semi- . nary area could be built on without negativdy impacting the watershed,."as long as you don't change something that doesn't impact the hydrology or change w.ater quality," Leete said. "When you disrupt calcareoui fens and encroach upon a wetland com- plex, the fen will retreat within," Leete · said "You c~m't sacrifice fringing ~et- lands, with6ut negatively imp.a.ctin~e · FEN ~ page 7 Ferl continued from page 6 the. cal~areous wetland the water main," said Bill within. It functions as a ~' .... :- "-. . . .1 MonF4 dtyofChaska engi- ~ ~'~ ~' '~ neet.' whole: .... · . · - .~: :-:~ ~ : ~. ~ :Kate: Aanenson,, Chart- ~ k~ ': ~- -'7-.'f : :' The dtyofChaska owns ha;en ao'mmuniw de ,a: j ¢ ': the..w terly. Of the' · : ". ..... .~ :" .~':*', -~ opment &rector, sa~d the- ~ ..-'; -~- -' .... ~ wetland area. It was deeded - ..,.': .' ,-. · .' . .... r'-7.~, s : ~, _caty:s firstcho~cewouldbe.. ~;: :~.,,- ~i ~2ver'aS part of the platting' tO l~v.e:t~e a~&' p~.rk and ~.-'~: :~' alibi Process, Monk said: "We've · ~:"::- ' ',.' '-~ - .' · §~7 F' ~~~ ' open. pa t tOpUOn j pro ect the :would' r equi acqui- mu 4 We' an because'we 'sifion..' '. .~' know (the Water)'soes in~,o. ::Thei'.are~ 'is zoned. for. ~ . Cl4mnhassen and the fen. agricultural use. In .the . ,- .... Harold Hesse, who owns .2020 C0mprehensive.Plan, a: northern. Section of the tha area.is ~{a'ted: .for office us~-.Aan- 'en's~ said. If a business'went into th~. a".r~., thd City WoUld l'iope for a "cOrp0'rate-steward, .that would, take care Of'the land; Aanens6n said. Meanwhile,'Aanenson said, the area is ,the' las~'area We'll.be bringi .ng in" foi:'-wat~r.'.and.'sew~r Service.' ' The area is "very important to the city," said phillip Elkinl .Chanhassen watdr resource coordinator, who man- ages. th'e city's surface Water plan. "It's going., to be under numerous restric- tioris wheh anything, is built in the ak'm; but right now, it's ... disconnect- ed · from' current growth trends." :.The 'area'could potentially be con- nect!ed, to .Chaska's sewer and water' system' bu.t. the.. "cOSt is tremendous, and you get 'into .capab_ity issues with ,. · fe.n,'said he Would like.to see his land ' presezved. "Fd enjoy't3[see it preserved and going back to nature," Hesse said. ,. "This is the big -.really big- op- portUn~ty,'~ Dunevitz said. "If you want to protect a fe.n,~ this is the Best Place to do Savage fen' Another nearby metrO'area c21~r- eoiis fen is in Savage. The ~avage Fen Wetland complex is '425 acres, and 64 acres of the:w~tlan~ are calcareous fen.' The $co~'~;unty Highway Depart- ment debated with environmental , groups over a proposal to build an extension o3'. County Road 27 across the. fen~. Th~'DNR ultimately denied th county s.request to extend the high- way across the fen and wetland corn plex. .' . A task force, including kepresenta tives from environmental groupS, dq staff, residents and the 'Army Corp~ of engineers, is now stu~ying'thre~ alternatives to the original plan. ThC state gave ' $200,000. .to the group tc study aitemadve routes. ' "Unlike the Savage situation, (we don t have any problcwns working w~ the DNtL We're not trying.to.dO'any thing to the fen that causes them an,, 'problems, so we don't expect'the'sam~ problem~ they have in Savage,'"W~ terlin said. . ' 'The DNR also hop~s to avoid Say age's, deVelopment'versus .fen conflict ."The people of Savage have been work ins for a .long time to try' to things better, or at least not mak~ things hurt. But a lot was already go i'ng 9n before people beCame aware (the.fen)i. In that regards, in Chaski and Chanhassen we've got a bette: start," Leete said. · "I really admire the political hea political leaders have taken in orde .to protect the (Savage)' fen. And would hope we can get ahead of th: curVe. in Chanhassen and Chaika sC it isn't such a hard political issue,' Leete added. F :3, Devel0pme~qt considering the highly developed nature of the vcatershed that surrounds it. The design of the trails and park system should continue to move forward as the Park and Recreation Commission recommends and under the viewpoints discussed above. Development of the land and transportation routes should continue to move forward with Watershed-Based Zoning and Cluster Development and protection of the primary and secondary zones as discussed in section V.E. The East Gorge area is erosive and it is important that the City require setback regulations beyond the existing bluff ordinance to protect the spring-fed creek. This may require an amendment to the existing bluff ordinance. Much of the area appears to already be divided into large lot residential home sites. Future development would target further subdivision of parcels. The City's efforts to manage this area should focus on cooperative agreements to protect the area, especially the southern areas where higher quality exists. IV, G Regio~q fi - 5emi~%~rb_j Fen · Approach The Seminary Fen should receive the highest level of protection to avoid declines in wetland quality. This wetland should remain connected to the lower gor§e area of Bluff Creek. Naturally reproducing trout within the creek on this property should also be protected. The Seminary Fen is an extremely rare type of wetland found in the state and should be protected from encroachment due to draining, filling and exotic species (see Figure 14). To retain groundwater discharge into this area, development should be restricted on the bluff top areas so that recharge of groundwater may oc(~ur. Buffer strips should be a minimum of 100 feet on all sides of this wetland. Disturbances, such as vegetation removal, should not be allowed. This wetland should remain connected to the lower gorge area of Bluff Creek. Naturally reproducing trout within the creek on this property should be protected as v/ell. r311,1ff cree~ wc~ers~ed Noi-urc~l Resource5 M~qc]geme~qr Plo~q ?c]ge 60 The design of the trails and park system should continue to move for~vard as the Park and Recreation Commission recommends and under the viewpoints discussed above. Ci,3 19evebpmetqr Development of the land and transportation routes should continue to move forward with Watershed-Based Zoning'. and cluster development and protection of the primary and secondary zones as discussed in section V.E. The City should consider a variet), of land uses in this area and should choose the use that is most protective to the area. If possible, a means for limited access for education purposes would be ideal. Maintenance of the fen and trout stream is also important. Therefore, it is practical that lands that are for sale be acquired and preserved as a natural area. Lands that are not for sale shot~ld be protected with conservation easements. 1V, H Ecl~,~catio~,~ Tile goals for the educational component of the plan were established after the following portion of the Steering Con~mittee Vision: "...The creel< serves as a field labo~'atory' for tt,e scl~ools, teachers a~d community ~n order to develop a ~tewardship of the la~nd .... The implications of the vision require tl~e developrner~t of a watershed awareness program fo~ tine e~tire co~mL,~ity (school~ otizer~s.-etc.) so that tt~e plan in~plementatio~ process is pac of an ongoing commur~ity education and i~volvement effort. There are some const~'aints, i.e., the need for teacher training time, curricu!un~ develop~nent, field trips, and support fl-on~ the school principals. The awa~'eness program will focus on actively engagi~'~g cl~ildren, far,~i~es. and the general public in lea~'ning abo~t Bluff C~ eek, its ecological and cultural characteristics and ~'ole. It vvill also co~sider ways fo~ tile public and special groups (nature societies, schools, corpol'ate voiuntee~ clubs, etc.) to participate in corridor re.sea,'ch, restoration, monitorin~ and demonstratio~ projects. Tile prog~'am v/ill emphasize the need for co~n~unity s',~ppo~t beyo~ ~d private needs to public support and involve~¥~ent a~qd the collabo~'at~on other educational, community, and business entities. The City has i~itiated efforts to acquire a I O0.ac~ e parcel to develop an interpretive nature center in the upper reaches of the waterstqed between the Minnesota Arboretum and the sctqool site, south of I-lighvvay 5 and 131t~ff Cree0. ',~/citersfied I. lo. tt~t~al Resot~i'ce5 Mdtqdc;jemelql- Pldtq COMPREHENSIVE PLAN 1998 With the increase in Chanhassen's population in recent years, the boat traffic on city lakes has also increased. As property taxes on iakeshore lots continually increase, the demand for services to manage the,C_._ problems arising on city lakes will also increase. , Future lake management within Chanhassen will be finding the balance of protecting and improving water quality, preventing overuse and abuse of the resources, while maintaining accessibility for all Chanhassen residents. WETLANDS In 1992, the state of Minnesota passed the Wetland Conservation Act (WCA), which put wetland protection and preservation into law. The goal of this act is to replace wetlands lost to previous activities and to prevent the loss of existing wetlands. Wetland identification and protection have become integral parts of all development throughout the entire state, including Chanhassen. The City of Chanhassen, who has had wetland protection ordinances in place since 1980, has continued to take the lead on the issue of wetlands and their protection. The city's 1994 Surface Water Management Plan (SWMP) included identification and reclassification of wetlands within the city. Low areas were identified as possible wetland sites. Wetland specialists made field identification of these sites and detailed data sheets documenting vegetation, landscape and existing conditions were compiled. These data sheets serve only as a guide for the city and are not to be used as the defining wetland boundaries. Wetland boundaries are to be determined by professional delineations conducted by parties who propose to impact or develop land in and around these areas. In addition, any proposed development will be required to delineate their sites for the existence of wetlands. From this study, a wetlands map was generated and a new wetland classification system was implemented, replacing the state's classification system. The city went to four levels of wetland identification; Pristine, Natural, Ag/Urban and Utility. Pristine wetlands were identified as wetlands that remain in their natural state and have special and unusual qualities worth protecting. Natural wetlands are wetlands that still exist in their natural state and typically show little sign of impact from surrounding land use. Ag/urban wetlands have been impacted ,- by either agricultural or urbanization activities. Utility wetlands are water bodies specifically created to manage surface water created by development. The Seminary Fen located north of Hwy. 212, in the southwest corner of the city, is the only wetland classified pristine. In 1995, the Seminary Fen was identified by the Minnesota Biological Survey as the most important site in all of Hennepin, Carver and Scott Counties. There are approximately 90 acres of calcareous seepage fen in this area with rare and threatened plant species. Preserving and protecting this resource should be at the top of the city's wetland protection and preservation policies. With the change in wetland laws, the regulation of wetlands has also-changed. The State of Minnesota appointed the Minnesota Board of Water and Soil Resources (BWSR) to oversee the regulation of the WCA. BWSR, in return, appointed Local Governing Units (LGUs) to implement the WCA for wetland activities. Chanhassen was appointed as LGU for activities in its own city. This change gave Chanhassen some responsibility and control over wetland activities, but permits and approval were still required from the Army Corps of Engineers, the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and local watershed districts. In an attempt to simplify regulation, Chanhassen was one of a select few LGUs selected to participate in a program which would make LGUs the sole governing agency in cases where wetland impacts are less than three acres. In addition, 1996 revisions to the WCA allowed LGUs to develop their own comprehensive wetland plans. The City of Chanhassen has submitted a draft plan to BWSR, and because of previous work done in the SWMP, the city is in the final stages of having their plan approved. This plan allows the city to develop their own rules specific to wetlands in Chanhassen. ., - CARVER COUNTY Office of Risk/Emergency Management Government Center - Administration Building 600 East 4th Street Chaska, MN. 55318 (952)361-1528 (952) 361-1342 fax DATE: March 23, 2001 TO: FROM: SUBJECT: Administrator, Safety Director Risk/Emergency Management Staff Severe Weather Awareness Activities We wanted to take this opportunity to inform you of the County of Carver's participation in the 2001 Severe Weather Awareness Campaign. This year's campaign is from April 16-20, 2001. Two scheduled tornado drills are highlights of the campaign. A statewide tornado drill is scheduled for 1:45 p.m. on April 19th. Public Safety officials will activate the indoor and outdoor warning systems to initiate this drill. This afternoon drill provides you and your employees an opportunity to test your facility's shelter plans. If you have emploYees who are routinely outside or on the road, they should be informed of the proper techniques to protect themselves. If your business has customers on the premises, you can review plans to shelter them. The second tornado drill will occur at 6:55 p.m. on the same day. Again, indoor and outdoor warning systems will initiate the drill. This drill will focus on families and second shifts at facilities. We ask that you encourage your employees to participate in this drill and, that when the warning systems are activated, to actually take shelter at home in their designated shelter space. If you have employees who work an evening shift, they can also test their workplace sheltering plans. If you have any questions, or seek information regarding correct safety procedures for tornadoes and severe weather, please call us at (952) 361-1528. Tornadobusiness Method o£Determining Severe Weather Shelter Areas in Buildings from Metropolitan Emergency Managers' Association BEST AREAS · Basements · Rooms constructed of reinforced concrete, brick or block With no windows and a.heavy concrete floor or roof system overhead Small interior rooms with no windows such as locker rooms and lavatories Hallways, away from doors and windows and not open to direction of tornado Any protected ama away from doors and windows WORST AREAS Gymnasiums and auditoriums · Rooms with large windows and doors · Hallways exposed to direction of tornado · Rooms with chimneys or beneath large, heave roof-mounted equipment · Mobile homes are not considered to be "buildings." They are considered to be dangerous in any severe wind storm and occupants are urged to take shelter in designated shelter areas. These factors were used in making up the checklist that follows. To use the checklist, simply select an area based on the above factors that you wish to check as a possible shelter area. Assign the point values indicated and total them. The highest tOtal point value of any area evaluated would indicate the best location within the building. Remember, you are simply trying to locate the safest area in your building. Even if point totals are relatively Iow, the area with the highest total in your building would still be much safer than being in a car, a mobile home or outside. These guidelines should be used with considerable caution and.}udgement to establish only the relatively .better severe weather shelter areas. It may be noted that a severe weather shelter in the absolute sense may not exist in an existing building unless there are areas designed for that specific purpose. SUM3/L4RY The factors covered by the checklist (located on the back of this page) are considered to be of major importance but in no way are intended to be a complete list. There are other additional factors which could affect the final choice of a shelter area. Among these are concern over the direction of the windstorm or tornado, age of occupants, required floor space per person, "two ways out," and many others. If you_feel the need for professional assistance in a making a "Severe Weather" shelter decision, please. contact your local Emergency Management Office. Anoka County. Carver County. ChiSa92 County. Dakota County. Hennepin County./sant/County. Ramsoy County. Scott County. V¢ashinCon County C1TEC IST FOR DETERMINING SEVERE WEATHER SHELTER AREAS IN BUH DINGS 1. Lowest Level in Building A. Basement (below grade) with 2 exits B. Basement (below grade) with 1 exit C. First floor (at grade level) NOTE: If point value is 30 points or more after this first evaluation, you may disregard all the following factom. Basements (A or B above) will be the preferred location. 2. Interior location within building or number of walls to outside A. Three or more walls - including outside wall B. Two wails - including outside wall C. Hallways with tums or other baffle walls D. Outside wall only 3. Glass area of walls in selected room A. No glass B. Up to 4% reinforced glass or glass block C. Over 5% glass 4. Inside wall construction of selected area within building A. Concrete block B. Stud wall with sheetrock 5. Ceiling span bet~veen supporting walls in selected room A. Less than 15 feet B. Over 15 feet but less than 25 feet C. Over 25 feet 6. Ceiling construction in selected room A. Pre-cast concrete B. Standard wood.joists with sheetrock C. Standard wood joists with ceiling tile Disregard the next two items-if construction of roof or outside walls is the same throughout entire structure. 7. Roof construction of building Total Ao B. C. Outside A. B. C. D. Pre-cast concrete Standard corrugated steel, insulation, tar, ~aVel Wood frame, shingles wall construction of building Reinforced concrete Pre-cast concrete . Concrete block and/or brick Wood frame Points 40 30 4 Points 3 2 1 · Avoid Points 10 2 Avoid Points 3 2 Points 5 2 Avoid Points 5 2 Avoid Points 5 3 1 Points 10 5 3 1 £OO0 rVll N N ESOTA ORNADOES ~ I..~ ~:a · 8 e~',~ ami A~n c~ / F2 ...... TOTAL TORNADOES ~ ,.,~,_ ~-- 21 .......... FO (<73 MPh) FO I G'~' ~" T~ ~ - -- ~ 9 ............ FI (73-I 12) " ~°~o ~o ~,-~ ~o ,2._ / 2 ............ F2 (113-157) ~~~ I "" I ~ ~ ( ~ [ 0 ............ F3 (158-206) ~ /,,, I~ ~¢ .... L*~' ~ -~~ 1 ............F4 (207-260) FO # Date 1 April 27 2 April 27 3 May 7 4 May 7 5 May 7 6 May 7 7 May 7 8 July 7 9 July 7 10 July 7 11 July 7 12 July 8 13 July 25 14 July 25 15 July 25 16 Jul), 25 17 July 25 18 Jul)' 25 19 Jul), 25 20 Jul), 25 21 Jul), 25 22 July 25 23 Jul), 25 24 July 25 25 July 25 26 July 25 27 August 7 28 August 7 29 August 7 30 August 7 31 August 7 32 August 14 33 November I County Chippewa Chippewa Kandiyohi Kandiyohi Kandiyohi Mocker Lyon Washington Pope Pope Pope WadcnafI'odd Becket Mille Lacs Lac Qui Parle Yellow Mcdidnc Yellow Medicine Lyon Nobles Nobles CaIwcl' Nobles llcnncpin Nobles Can'cr Nobles Jackson Jac 'kson Jackson Cottonwood Jackson Kanabec Kand/yohi 2000 Minnesota Tornadoes Path Length Path Width Location Time (cdt) (miles)_ 0'ards) 4 N Montevideo 1358 0.1 10 5 E Montevideo 1358 0.1 10 2 S Roseland 2110 2 30 3 N Lake l_illian 2135 1 30 3 SW Am'ater 2145 0.5 15 4 N Cosmos 2155 0.2 15 2 N Garvin 2253-2255 0.1 50 Lake Elmo 1120 0.1 30 .2 NW Lowry 1958 0.3 20 2 SW Long Beach 2022 1 20 8 -F~E Terrace 2055 0.1 20 Vemdale to Staples 2120-2147 8 100 Lake Park 1327 0.5 50 5 NW Milaca 1550 0.2 30 6 N Boyd 1738 0.1 10 4 S Canby 1745 0.2 20 8.5 NW Gr~_nite Falls to 1757-1825 9 167 Gran/tc Falls 2 NBV Marshall 1825 0. l 50 5 WAdrian Io'3 NW Adrian 2010-2014 3 200 Adrian 20~5 0.1 ' 50 2 NE Mayer 2015 0.1 20 Rush. more 2020 0.1 50 St. Bonihc'/us 2025 0.1 20 Rushmore 2027 0.1 50 6 W St. Bonifacius 2028 0.1 20 2 N Adrian 2035 0.1 50 'Lakefield 2050-2056 2 200 Bergen 2110 1 100 Bergen 2122 1 100 Jeffers 2125 1 100 5 NE Lakefield 2125 1 20'0 2 S Warman 1916 0.1 25 2 -ESE Prinsburg 1825 0.5 30 Injuries 0 0 0 0 0 0' 0 0 0 0 0 3 0 0 0 0 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Deaths 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F Rating 0 0 1 o o 0 1 0 0 0 2 0 0 o 0 o 2 o o o o o 0 1 1 1 1 1 0 1 WeatherRadios.cOm . 1251 N. Sherwood Ln. Palatine, IL 60067· Shipping address: Name Address City State Zi2 Code -..PROJECT-IMPACTSO% Discount .... . ~....:: . : - t.-. .... . : :.'i:.: :-. ::i;;-i '_ . .. .4 EaSy'pU~;chase'015'tions~- :. - 1. Order on-line: WeatherRadiOS:corn/projeCfimPa(. 2. Mail this completed form With a CheCk to: WeatherRadios,com,-'125'1 lq. Sherwood, Palatine, IL 60067. ': o FAX this form with credit card info: 847-202-5694 Please give us a con, ct numbe;, in case we have a ques~don. E-Mail . Daydme ( ) Evening ( ) Item Name First Alert Weather Radio With S.A.M.E. Rechargeable 9,Volt Battery (insures alert during power outage) Remote System (sounds ale~ in other rooms within 100. ~) Cigarette Lighter Adapter.. (for use in your car, boat, camper, etc.) Call our Storm Ready Center: 1-877-9-Tornado (1-877-986-7:623) or e-mail at info@WeatherRadios.com 'Item ' NUmber 9-Volt VVX-TRS VVX-AC . I ....$2.79. ! ' j ....$29.90 J i $9,95 Hearing and Vision-Impaired Accessories: (For use with the First Alert W, Pillow Vibrator (plugs directly into radio) Strobe Light (plugs directly into radio) Remote receiver with Bed Shaker (requires transmitter) Remote receiver with Strobe Light (requires transmitter) Transmi~er ! Dual connector (allows 2 accessories to radio) Total Merchandise Add ~ X-67 sOld ,/ ( up to S25.01 ' $75.01 i - .,~=~,-=_ ,~,c~ ~ CA, er S25.00 ~.95 $75.00 $8.95 S150.00 S13.95 $150.01 S14.95 i t X67-L i-SU5001-V ~ SU5001-S Price Separately) i X67-v S22,95 'J i X67-T · ,$49:95 .i i $139.95 .i I S149.95 Method of payment (No C.O.D. orders) [] Payrnent Enclosed. Check or money order only. ~ DMaster~rd , C~e~rd~o. [] ~mefi~n ~pr~s [] D[s~ver Exp. date Signature $41.95 $2.60 274-310 i MERCHANDISE SUBTOTAL . ! SHIPPING AND HANDLING CHARGES: i iF__XPRESS DELIVERY Ove,,might .......$15 extra : Must receive order (Next, business day) ! By 12 noon EST. I TOTAL: i , Cardholder's address (only if, different from address at top'. N~me Address Ci~ State J~p Code Public Safety Officials do not endorse any product or company. This is one option residents have to obt2_Jn earl)' warning protection. CITYOF 20 Box 147 C/)~,h~:se,, Mi,,csom 55317 952.93.E ]900 O, eral Fax 9529325739 E, gi, ee~q,g Deparo,e,t Fax 95293Z9152 B~d/di,g Dtpartme,t Fax 952. 93 ( 2524 March 29, 2001 Commissioner Julianne Ortman Carver County Courthouse 600 East Fourth Street Chaska, MN 5 5 318 Dear Commissioner Ortman: Pursuant to our conversation of Tuesday, March 27.2001, and at y'our request, I am responding to a memo dated February 26,2001 fi'om Julie Frick. Executive Director of the Carver County HRA to the Carver County Board of Commissioners regarding proposed legislation. Following a review of the memo. the City of Chanhassen staff has no serious difficulty with the proposed legislation. The only item that might be of concern, and admittedly it is a very small concern, is the authorization to offer the HRA tax forfeited land prior to making it available to the cities within the County. Our relationship with the HR& is extremely strong, and we feel they do an outstanding job in our community and ttn'oughout the County. However, the only suggestion we might make is that tax forfeited Property offered first to the HRA instead of Cities might be restricted to residential properties only. Again, given real estate financing and the interest of the HR&, we do not expect non- residential property to a) be of interest to the HR&, or b) be available to be given to the HRA; however, this small inclusion could be supported by City staff. Thank you for giving us the opportunity to comment and please contact 1ne with any questions. Sincerely,~_. . City Manager SAB:k c: Mayor& City Council Todd Gerhardt, Assistant City Manager Kate Aanenson, Community Development Director g:\userX, scotlb\ortn~ an.doc C OF 690 CiO' Ce, ter Drive PO Box 147 Cha,hasse,, Mimmota 55317 Phone 952.9321900 General £ax 952.937.5739 E, gi, eeri,g Department Fax 952.937.9152 Building Departme, t Fax 952.93(2524 ~I~b Site lt'u'w, ci. challhasse,.tllll. March 28, 2001 Mr. Mark Lundgren Carver County Auditor Carver County Courthouse 600 East Fourth Street Chaska, MN 5 53 18 Mr. Donald Dahlke Carver County Treasurer Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 Chanhassen Bo~vl Property PID #s 25-1950020 and 25-1950021 Dear Messrs. Lundgren and Dahlke: __ This letter is to inform you that the Economic Development Authority in and for the City of Chanhassen ("Chanhassen EDA") has foreclosed upon the Chanhassen Bowl property (Lot Two (2), Block One (1) Chanhassen Mall) ("Property") and also redeemed the Property from the foreclosure by Heritage National Bank and is now the owner of the Property. As you are aware, there are delinquent real estate taxes due on the Property for the years 1997, 1998, 1999 and 2000 in the total amount of approximately $390,000 including penalties and interestl I have attached hereto a copy of the statement that we have received from the Auditor's Office showing the delinquent real estate taxes, penalties and interest for the above years. The Chanhassen EDA is in the process of paying all of the foregoing delinquent real estate taxes including the penalties and interest. The purpose of this letter, however, is to formally request that the County abate the penalties and interest that are due for the delinquent real estate taxes for the years 1997, 1998, 1999 and 2000, approximately $91,000 and, therefore, request that you review this matter and inform us of what additional action, if any, needs to be taken by the Chanhassen Mr. Mark Lundgren & Mt'. Donald Dahlke March 2& 2001 Page 2 EDA to have the Carver County Commissioner consider the abatement of the aforementioned penalties and interest. If you have any questions concerning this matter, please feel flee to contact me at >,our earliest convenience. Very truly >,ours, ECONOMIC DEVELOPMENT IN AND FOR THE CITY OF CHANHASSEN BY: Scott A. Botcher Its Executive Director Enclosure C° John F. Kelly, Esq. Mayor & City Council Bruce DeJong, Finance Director Todd Gerhardt, Assistant City Manager CflRVER CO AUDITOR Fax:l-952-361-1919 Feb 9 '01 9:27 P. 02./16 TC906C 10 T10 ACS Tax System -'- " .'. ~'.-, -,.- .,.- .x Bill No. Parcel No. Name Delinquent Years .11 ....6,5,6,3, A 2,5,..1,9,5,0,0,2,1 ...................... C,HAN. ,V~,T,URE, .S. ,L,L,C, ,0. .2.0,0,0, C a 1 c t h r u ,0 ~,0,9~.0.0.1, M Year Tax Outstanding Pen/Int Bill Tax/SpAsmt & Fees 1995 6563 .00 .00 1996 6563 .00 .00 .. 1997 6563 6,805.00 3,422.47 .. 1998 6563 12,744.00 4,931.92 .. 1999 6563 11,418.00 3,117.11 .. 2000 6563 11,290.00 1,795.11 2001 NO BILL # .00 .00 Total Taxpayer Due .00 JOHN DOREK ETAL .00 JOHN DOREK ETAL 10,227.47 JOHN DOREK ETAL 17,675.92 CHAN VENTURES LLC 14,535.11 CHAN VENTURES LLC 13,085.11 CHAN VENTURES LLC .00 Total 42,257.00 13,266.61 55,523,61 ' A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA Mod?. , Action? . CflRVER CO RUDITOR Fax'l-952-$61-1919 Bill No. Parcel No. .... 6,5,6.2, ~ 2,5,,.1.9.5.0.0,2,0 oo,o.o. Calc thru .0,2,0.92,0.0.1. Year Tax Outstanding Pen/Iht Bill Tax/SpAsmt & Fees 1995 6562 ,00 .00 1996 6562 .00 .00 1997 6562 39,399.00 19,752.05 1998 6562 72,870.00 28,200.66 1999 6562 63,998.00 17,471.43 2000 6562 76,028.00 12,088.42 2001 NO BILL % .00 .00 Feb 9 '01 9'29 P. 09/16 Name Delinquent Yea~ ,C,KA , LInc .............. Total Taxpayer Due .00 JOHN H DOREK · 00 JOhN H DOREK ETA 59,151,05 JOHN H DOREK ETA 101,070.66 CHAN VENTURES LL 81,469.43 CHAN VENTURES LL 88,116.42 CHAN VENTURES LL ,00 Total 252,295.00 77,512.56 l .... 329 807,56 "~ A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA Mod?, , Action? Mr. Steven Torell 690 City Center Drive PO Box 147 Chanhassen, MN 55317 THE REMADA COMPANY 12400 WttlTEWATER DRIVE, SUITE 140 MINNETONKA, MN 55343 (952) 908-0811 . FAX (952) 908-0822 March 27, 2001 Via Fax (952-937-5739) and Mail Lakeview Hills Apartments 125 Lakeview Road East Insl~ecfion File iD/497-004 Dear Mr. Torell' We are in receipt of your March 23,2001 correspondence. Your letter is, in various parts, incomplete and inaccurate. The follov~dng is a confirmation of what you, Mr. Grzan, and I discussed and agreed upon yesterday: 1. That all of the stairways were replaced in their entirety in approximately 1986 (all m, enty of them). , In approximately 1995, we spent approximately $98,000 bracing the balconies with brand new lintels so that they would be permanently structurally sound going forward. Both Mr. Palanisami and other designated engineers have inspected that job and determined that it was completed in accordance with the permit and appropriate structural criteria. You confirmed this with me during our conversation. 3. At the same time that we did the lintels, Mr. Palanisami's company also repaired the deteriorating outer layers of the support columns. 4. In approximately August of 1997, Mr. Palanisami, our structural engineer, had one of his subsidiary companies perform the following additional work: A. Sandblast the upper deck concrete surfaces and clean the joints. B. Caulk joints totaling 2335 lineal feet. C. Seal the concrete surface of the balconies, coveting a total surface of 10,530 square feet, in order to help waterproof them. March 27, 2001 Page 2 D. Add 80 new brackets (19 at Building A, 16 at Building B, 6 at Building C, 18 at Building E, and 21 at Building D) in order to make sure that the concrete front on the balconies ~vere secure. E. Anchor and fix stair gaps with three anchor bolts each at twenty locations. F. Cut drainage holes at the base of the balconies and add scuppers where appropriate to expedite the water drainage off the .balconies. On previous occasions, as well as during our conversation yesterday, you advised that all of this work had been done with appropriate permits and had, in fact, been approved by all required authorities. You advised yesterday that your only current concern was to have Mr. Palanisami advise in writing that the deteriorating metal fascia around the front of the building was not a stn~ctural defect but a cosmetic one. Further, you require either repair or replacement of the twenty stairways. As I advised you in the fall of 2000, we were busy at that time putting on brand new roofs. It would have been inconceivable to do both projects at the same time, especially with the risk of not being able to get the footings into the ground for the new stairways prior to the freeze. Per our discussion yesterday, this is to confirm the following: 1. By April 18, 2001 we will be getting you a letter from Mr. Palanisami advising that the fascia is not structural in nature. 2. By April 18,200I we will be getting you plans to replace the twenty sets of stair~vays again. 3. That we would request that the project not be required to start until May 15, 2001 to ensure that there is no problem getting footings in the ground. , That we request that the finish date for the project be August 15, 2001 because of the problems inherent in taking off twenty different sets of stairways and reattaching others in a way so that there is constant access and safety. My understanding is that you felt that these were legitimate concerns. As we discussed, I was disheartened to read in your letter that you felt that you did not think there would be "voluntary compliance". We have been working diligently. The new roof that we contracted for cost in excess of $200,000. Moreover, on each occasion that I spoke with you regarding the repairs made to the stairways, you advised Mr. Grzan and I that the repairs we had made, for the time being, were satisfactory. I also told you March 27, 2001 Page 3 in the fall of 2000 that we were not seeking to try to repair the stairways again on a permanent basis, but were planning on replacing them for the second time. It is not our desire to get confrontational with either you or the city if it can 'be avoided. Notwithstanding some of the political issues that have gone on in the past regarding affordable housing, we have been working diligently to keep our premises improved. You advised me yesterday during our conversation that you felt we had been working hard as well. Accordingly, I would appreciate it you would give me a phone call and advise me if the alternative deadlines for submitting plans, commencing work and finishing the stairway installation are satisfactory. Please also be advised that I am sure the contract with the contractor will allow them some leeway in event of "circumstances beyond their control" once the project is started. Should that come up, we will be in touch v, Sth you regarding stone. I look forward to hearing from you as soon as possible. Thank you. Very truly yours, Steven B. Liefschultz Chairman & CEO, The Remada Company and President, Lakeview Hills LLC SBL/dsc Mr. Dave Grzan, The Remada Company (952-908-0822), via fax and mail Craig Gagnon, Esq., Oppenheimer, Wolff& Donnelly (fax: 612-607-7100), via fax and mail John Thiel, Esq., Gray, Plant, Mooty, Moot3, & Bennett (fax: 612-333-0066), via fax and mail Swami Palanisami, Palanisami & Associates b..OXcott Botcher, City Mmmger Kate Aanenson, Community Development Director Bob Reid, Building Inspector March 21,2001 Scott Botcher, City Manager City of Chanhassen 690 City Center Dr Chanhassen MN 55317 ,--i,x.v~. 800 LaSalle Avenue N4inneapolis, Minnesota 55459-0038 Re: Natural Gas Flood Emergency Procedures Dear Mr. Botcher' The National Weather Service is predicting moderate to major flooding this spring for some communities. The prediction also states that flooding could be as severe as the spring of 1993 or 1997 and experts are saying that we could experience the fifth or sixth highest flood stage on record. Minnesota rivers are expected to crest around April 15, but warmer than usual weather could hasten the melting of snow and runoff. Flooding can occur even in homes that are not considered to be located in a floodplain, due to unusual circumstances such as the failure of a - sump pump. Flooding conditions can have an adverse affect on natural gas equipment that becomes partially or totally submerged. Since you and others at the city may be contacted for information Or advice, we have enclosed a Fact Sheet on natural gas flood emergency procedures for you to use and share with residents. This information will also be available on our Web site, v,~wv.minnegasco.com. Please feel fi'ee to link your community web page to our web site or include the information in your city newsletter. Let's hope for the best, but in the event a flood emergency does occur, we trust this information will prove helpful. Sincerely, Connie Hargest Local Government Relations 612-321-4899 Enc. RECEtVEO CffY OF CH NH SS -N eliant Ener , mi z sco 800 LaSalle Avenue P.O. Box 59038 Minneapolis, Minnesota 55459-0038 Natural Gas Flood Emergency Procedures Heavy rains and rising rivers sometimes threaten to flood our homes'and damage our gas appliances. Here are some suggesl:ions l:o hell) you prepare for flooding and gel: your gas appliances up and running when the flood ~vaters recede. Before a flood Shul: off natural gas to all apl)liances likely to be affected by rising water, at the appliance shut-off. If your enl ire residence is ihreaiencd by floo¢li~:g and will be evacuar, ed, call ~he emergency number for your area s}toxxm below so we can shut off the natural gas meter before the flooding begins. If you feel certain only the basement will be flooded and residents plan to remain in the home, the natural gas meier can be left on so unaffected gas appliances continue to operate. During a flood If you did not shut off natural gas to an appliance before flooding, safety systems within l:he appliance should shut off lhe gas to the al)pliance. Do not enter a flooded basement or other flooded area to shut off gas to appliances. High voltage electricity may be present and can pose a serious danger. After a flood Flooding will likely damage ll~e safety controls on gas apl)liances, making them unsafe to operate. Al)l)liances fha! have been llooded should be inspected by a qualified technician before you ol)erate l lmln again. Minnegasco emergency phone numbers Minneapolis area 612-372-5050 Other communities 800-722-9326 minnegasco.com Water Heater Gas shut-off valve Furnace Gas shut-off valve Printed on recycled paper with soy ink 60% recycled and 30% post consumer waste ,~,~,1q99 R~liant Fnorclu ClD-97c~q BP, lAN T. GROGAN (612) 347-0340 E-Mail: GroganB~moss-bamett.com BARNETT A ProfcssioBM Associ~ion 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4]_29 Telephone 6]_2.347.0300 Facsimile 612.339.6686 www. moss-barnett.com COMMUNICATIONS LAW UPDATE To: From: Moss & Barnett Clients and Interested Parties Brian T. Grogan, Esq./~b~ . Date: March 19, 2001 1. CITIES PREVAIL IN DECISIONS ON FRANCHISE RENEWAL A. Brunswick Since 1984 when federal law was changed to prescribe a franchise renewal procedure, only two (2) municipalities have successfully denied a cable operator's request for franchise renewal. The cities of Rolla, Missouri and Sturgis, Kentucky1 have been the only cities to successfully deny a cable operator's franchise renewal request. Recently, a third city has joined this list by denying its cable operator franchise renewal on the basis of the operator's past performance. The case, Cablevision of the Midwest, Inc. v. City of Brunswick, Ohio, No. 199CV1442 (N.D.OH Dec. 18, 2000), found that there was sufficient evidence in the record to conclude that "Cablevision failed substantially to comply with material provisions of the existing franchise agreement." The case is interesting in that the City had used a hearing officer to conduct the administrative hearing required under 47 U.S.C. § 546, but ultimately issued findings contrary to those of the hearing officer. The court held that while the City was entitled to use a hearing officer to promote administrative efficiency, it was not bound to accept the hearing officer's findings of fact and conclusions of law. This decision is particularly important in that it supports the decision of Union CATV, Inc. v. City of Sturgis, Kentucky, 107 F.3d 434 (6th Circuit 1999) by specifying that the task of the District Court was to "determine whether, considering the evidence in the light most favorable to Brunswick, a reasonable fact finder could have found by a preponderance of the evidence that Cablevision had not substantially complied with the material provisions of the franchise." This standard of review is quite favorable to municipalities and strengthens their rights during franchise renewal. The cable industry has long argued that the Sturgis decision was an anomaly given that only a limited administrative hearing was conducted in that case. The Brunswick decision ~ Moss & Barnett assisted in representing Sturgis, which prevailed before the 6th Circuit in denying franchise renewal. 390114/1 MO S S & BARNETT A Pro[essional Asse¢iation provides valuable support to municipalities around the country that are engaged in "formal" renewal proceedings with cable operators and are in need of clarification regarding how best to conduct an administrative proceeding. B. Naples Another recent decision regarding franchise renewal helps to clarify the procedural timing requirements of the formal renewal process at 47 U.S.C. § 546: In the case, Frontier Operating Partners, L.P.v. Town of Naples, Maine, No. 01-16-P-DMC, 2001 WL 220192 (D.Me Mar. 7, 2001), the court found in favor of the Town in a dispute over the applicable deadlines imposed by Section 546. Often cities and cable operators will enter into agreements clarifying whether the renewal process is being conducted "formally" or "informally." The Naples decision is helpful in clarifying the statutory deadlines imposed upon operators involved in a formal renewal process. 2. COMPETITIVE FRANCHISING HITS HARD TIMES The wave of competitive cable television applications sweeping across the United States early last year has dissipated significantly. An extraordinary turn in both the debt and equity markets has significantly altered many competitive overbuilders' plans. Cities which six months ago were grappling with two to three applications from competitive providers have, in some cases, found themselves with just the incumbent cable operator remaining. The FCC's report on competition for the year 2000 suggests that several large competitive providers are scaling back plans to provide competitive services. In the state of Connecticut, SNET, which holds a franchise for the entire state, is exiting the market. Other competitive providers such as, WIN, WOW, RCN, and Everest have all retreated in certain markets and are focusing their attentions on much more limited regions. While the FCC notes that cable rates have increased 5.8%, as compared with a 3.5% inflation rate, it also notes that cable operators facing competition were charging, on average, $32.40 while operators not facing competition were charging $34.11. The FCC further found that in areas where competition exists subscribers often benefit from increased service offerings from the incumbent operator in the form of an increased number of video programming services as well as the introduction of new services such as high speed data and Internet services. 3. CABLE SYSTEM TRANSFERS AT&T Broadband has recently been active in shedding subscribers in a number of regions. Mediacom and Charter appear to be the beneficiaries of these sales with Charter picking up approximately 500,000 subscribers for $1.8 billion and Mediacom picking up approximately 840,000 subscribers for just over $2.2 billion. The affected regions include Georgia, Illinois, Iowa, Missouri, Alabama, Nevada, California and Florida. In many cases, FCC Form 394 has already been forwarded seeking transfer approval from municipalities. Many communities have already begun to explore the impact of the transfer on existing system upgrade commitments and on pending franchise renewal negotiations. Moss & Barnett is working with a number of communities regarding these proposed transfers and would be happy to discuss these transactions and share relevant information if desired. The trend of system 390114/1 MO S S & BARNETT A Professional Association transfers and/or system swaps is likely to continue as a result of a recent D.C. Circuit decision described below. 4. CABLE OPERATORS CAN GET BIGGER On March 2, 2001, U.S. Court of Appeals for the DC Circuit overturned the FCC's rules which limit the number of cable subscribers one company can serve. Time Warner Entertainment Co., L.P.v. Federal Communications Commission and United States of America, 2001 WL 201978 (D.C.Cir. Mar. 2, 2001). The FCC rules had prevented cable operators from owning more than 30% of multi- channel video subscribers in the country. The rules also imposed a 40% limit on the number of channels that a cable operator could devote to programming supplied by their affiliates. The decision is particularly important to both AT&T and AOL Time Warner, the two largest cable operators in the U.S. It is not yet known the impact to this decision on a previous FCC order which required AT&T to reduce its total subscribers as a result of its acquisition of the MediaOne cable systems. The decision will likely result in greater consolidation in the cable industry through the continued formation of large regional clusters which provide greater operating efficiency for cable providers. 5~ FEDERAL COURT HANDS CITIES TROUBLING DECISION ON TRANSFER REVIEW On March 7, 2001, a Federal District Court handed municipalities a significant setback regarding the ability to review proposed transfers of ownership. The case, Charter Communications v. County of Santa Cruz, No. C 99-01874 WHA (N.D.Cal. March 7, 2001) issued a number of findings which will likely be argued by the cable industry as a limiting municipalities' rights to review legitimate issues in a transfer proceeding. Among the court's findings were the following: . , . Cities must raise questions within 30 days of Form 394 concerning the "accuracy" or "completeness" of the transfer request. Cities must limit the scope of their follow-up inquiries to focused concerns. Cities cannot co-mingle reasonable follow-up questions with unfocused boilerplate interrogatories. Supplemental inquiries must be conducted expeditiously. Cities cannot insist that transfer applicants pay consulting or legal fees over and above the 5% cap on franchise fees. Cities may not use transfer authority to regulate rates or impose illegal fees. While the facts of this case are likely distinguishable from the actions of most cities in reviewing a transfer request, the court's findings present a particularly troubling precedent. 6. CITY'S TELECOMMUNICATIONS ORDINANCE UPHELD On December 20, 2000, Judge Barrington D. Parker, Jr. found that the City of White Plains, New York's ordinance requiring the payment of an annual 5% franchise fee on revenue derived from operating telecommunications equipment within the City was "fair and reasonable" under Section 253 of the 1996 Telecommunications Act. TCG New York, Inc. v. City of White Plains, 125 F.Supp.2d 81 (S.D.N.Y.2000). While the court did strike down portions of the City's ordinance which did not relate to the management of the public fights-of-way, the case helps to provide 390114/1 MOSS & BARNETT A Professional Assc:ciation clarification regarding Section 253 of the 1996 Telecommunications Act. In particular, the court held that Bell Atlantic's exemption from imposition of the 5% franchise fee was not discriminatory because the City provided "powerful reasons why Bell Atlantic should be treated differently." Bell Atlantic had been providing service within the City for over 100 years, had provided the City with free use of conduit and had offered universal service to all the City's residents. Thus, the City was permitted to impose a franchise fee on TCG yet grandfather the incumbent, Bell Atlantic. Moss & Barnett has prepared a detailed article regarding the application of Section 253 to telecommunications ordinances. For a complimentary copy please contact Terri Hammer at (612) 347-0349 or hammert~moss-barnett.com. 7. POLE ATTACHMENT GOES TO THE SUPREME COURT The showdown between cable television operators and utility pole owners is headed to the Supreme Court and the outcome will likely have an impact on the rates to be paid by cable subscribers. In the case, Gulf Power Co. v. F.C.C., 208 F.3d 1263 (llth Cir. 2000), cert. granted, 121 S.Ct. 879 (U.S. Jan. 22, 2001) the question is whether the FCC may establish the rates which cable operators should pay to attach their cable to utility poles. The 1 lth Circuit concluded that the FCC has authority to establish rates for pole attachments when cable operators are providing "cable service" but not if such operators are providing Interact access service. While the case will not be heard until the fall of 2001, it will have a significant impact on cable rates as both utility companies and telephone companies, which own virtually all of the poles in the country, are pushing for significantly higher rates for cable operator attachments. Brian T. Grogan is a shareholder with the Minneapolis law firm of Moss & Barnett. He represents entities throughout the country on franchise renewals, transfers of ownership, telecommunications planning, issues regarding Section 253, right-of-way issues, wireless sitting disputes, First Amendment issues, litigation and other related communication matters. Brian is a frequent presenter at state and national conferences regarding communications law. He is a member of the American Bar Association (Forum Committee on Communications Law), National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association, and is the past Chair of the Communications Law Section of the Minnesota State Bar Association. For further information on Moss & Barnett's cable communications practice, please see the firm's website at www.moss-bamett.com. The materials in this Communications Law Update have been complied from a variety of sources and address only a portion of the relevant issues contained within hundreds of pages of regulations and decisions. We have not addressed many important points which may apply to your situation. You should consult with legal counsel before taking any action on matters covered by this Communications Law Update. 390114/I MOSS & BARNETT A PTo~ssion~I Association SUPPLEMENTAL INFORMATION If you would like to receive the Communications Law Update via e-mail or facsimile, please complete the information below and return this form to Terri Hammer at Moss & Barnett. Yes, I would like to receive the Communications Law Update at the e-mail address below. Name: Title: Address: City/State/ZIP: E-mail Address: Yes, I would like to receive the Communications Law Update at the facsimile number below. Name: Title: Address: City/State/ZIP: Facsimile Number: Additional information (complete as applicable): Please remove my name from your Communications Law Update Mailing List as noted below. Please place my friend's name on your Communications Law Update Mailing List as noted below. Name: Title: Address: City/State/ZIP: E-mail Address: Facsimile Number: Please return this form to: Terri Hammer, Moss & Barnett 4800 Wells Fargo Center, 90 South 7th Street Minneapolis, MN 554024129 Phone: (612) 347-0349; Fax: (612) 339-6686 E-mail: hammert~moss-barnett.com 390114/1 mon Mon Tues Tues Weds Weds Weds Thurs Thurs Thurs Sat Sat Sat Sat Mar 19 12:56 PM Mar 19 4:44 PM Mar 20 12:51 PM Mar 20 1:36 PM Mar 21 89:58 AM Mar 21 10:01 PM Mar 21 10:27 PM Mar 22 11:28 AM Mar 22 12:46 PM Mar 22 6:51 PM Mar 24 1:13 AM Mar 24 5:48 PM Mar 24 8:12 PM Mar 24 10:24 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF MARCH 19, - MARCH 25,2001 Great Plains Boulevard Mission Hills Way East Chanhassen Road Santa Fe Circle Laredo Drive Nicholas Way Lake Susan Hills Park Stone Creek Drive - Nicholas Way Highway 41 & Highway 7 Rosewood Drive Rosewood Drive Chanhassen Road Grandview Drive Fire alarm - false alarm, no fire Unknown medical Medical - possible seizures Medical - chest pains Fire alarm - false alarm, no fire Medical - rapid heart beat Assist with missing person, unfounded Medical - head injury from a fall Medical - possible heart attack Medical - severe headache Medical - possible heart attack Medical - person fell Car accident with injuries Medical - trouble breathing CITYOP CHANH SEN d90 CiO, Center Drive PO Bo.,: 147 Chanhassen, Mi?~nesota 55317 _Phone 952937.1~00 Ge~eraI F~r ~52.~3~573~ B~ti[di~g Depamnent ~52.~35.2524 ~3b Site March 23,2001 Mr. Steven Liefschultz The Remada Company 12400 Whitewater Drive, Suite 140 Mirmetonka, MN 55343 CERTIFIED Re: Condition of stairs and balconies at: Lakeview Hills Apartments 125 Lakeview Road East Chanhassen, MN 55317 Dr. Mr. Lie£schultz, The condition of the stairways and balconies at Lakeview Hills has been an ongoing issue since June of 1995. For reference and clarification, I feel that a review of the history of this issue would be helpful. This is a summary and not intended to be a comprehensive list of ail correspondence and activity. June 15, 1995: A Stop Work Order is issued at the site. Structural repair work at the balconies was underway, a building permit had nOt been issued. The contractor submitted documents to obtain a Permit including a report from Palanisami and Associates Inc. dated October 14, 1994, which described the structural conditions of the balconies and recommended'repairs. June 16, 1995: Building permit #8307 issued to palani ConstructiOn Inc. for : structural repairs to balconies. June & July 1995: Four inspections performed on the balcony repairS. May 5, 1997: In a letter to you, Building Inspector Bob Reid notified you that a final inspection was never completed on the balcony repairs, and the permit had expired. He also identified other concerns he had regarding the condition of the exterior stairs and balconies. " June 23, 1997: In a letter to you, BOb Reid stated that a final inspection must be scheduled for the balconies. He requested that Mr. Palanisami, of Palanisami & Associates verify the balcony repair work was completed in Mr. Steven Liefschultz March 23,2001 Page 2 accordance with his design, and that the deterioration of the support columns had not affected their function. He also stated that the stairs and landings must be repaired. The repairs were to be completed by August 1, 1997. July 9, 1997: The city received a letter from Palani~ami & Associates, dated July 8, 1997 stating that the balcony repairs were completed in August 1995 and were inspected. July 16, 1997: The city was copied on a letter from you to P. Palanisami, dated July 14, 1997, which directed them to schedule an inspection and proceed to repair the wood post brackets, apply a sealer to the balconies, and devise a solution for the space between the stairs and the balcony. September 15,1997: In a letter to you, Bob Reid again requested that an inspection be scheduled for repairs made in 1995, and he asked that you develop a schedule for repairing the stairs and landings. September 30, 1997: Permit # 9700754 was issued to Palani Construction Inc. The plans submitted for the permit indicated that: the precast concrete plank would be sealed; the railings would be anchored to the columns where required; the stairs would be anchored to the existing decks; the block walls at the stair landings would be removed and footings added as needed; and, the stair treads and railings would be reinforced and reattached. August 18, 1999: In a letter to you, Bob Reid informed you that no repairs had been made to the stairs, and they were considered to be hazardous. August 24, 1999: The city received a letter from you dated August 23, 1999. You stated that the stair at Building A had been repaired within the past eight weeks, and you were awaiting funding to repair or replace the other stairs. You also questioned how Bob Reid arrived at the conclusion that the stairs were hazardous, and you stated a structural engineer had determined that there was no immediate danger. We never received any documentation regarding the structural engineer's evaluation. October 4, 1999: In a letter, Bob Reid again informed you that the stairs needed immediate repairs. / Mr. Steven Liefschultz March 23,2001 Page 3 October 11, 1999: Bob Reid inspected the site with Mr. David Grzan of The Remada Company to identify and discuss temporary repairs for the stairs. The areas that needed immediate attention were identified, it was made clear that these repairs would be only temporary; and were not to be considered a permanent solution. Mr. Grzan stated that the stairs would be replaced in the spring of 2000. October 14, 1999: The city received a letter from Dave Grzan, dated October 12, 1999, stating that the stairs would be braced as directed by Bob Reid. September 22, 2000: In response to a complaint we received regarding the condition of the balcony guardrails, Bob Reid and I visited the site, accompanied by Mr. David Grzan. We found that the guardrails were in satisfactory condition, following the completion of repairs associated with permit # 9700754. However, the metal fascia on the precast concrete panels was deteriorating. We also observed that the temporary stair repairs were being done, although in most cases not with the proper materials. The condition and replacement of the stairs was discussed again. I requested that The Remada Company have an engineer evaluate the condition of the metal fascia and stairs. September 2& 2000: I received a phone call from Dave Grzan, wherein he stated that a representative of Palanisami & Assoc. would visit the site that day and develop a report. October 3 - November 30, 2000: In phone conservations with you and Dave Grzan, I requested information on the status of the report. I was told that the report was coming and the stairs would be replaced. As of this date, none of the information that was requested and you agreed to provide has been submitted. The pe~Tnanent repairs and replacement of the stairs have not been completed. Despite repeated assurances from you and your representatives that the work will be done, past history leads me to believe that we will not be able to achieve voluntary compliance in a timely fashion. The City of Chanhassen has been very patient in this matter. Mr. Steven Liefschultz March 23,2001 Page 4 The stairways and associated landings are determined to be unsafe and are a hazard to public safety. Section 102 of the 1997 Uniform Building Code declares that this unsafe condition is a public nuisance and must be abated. Therefore, a professional engineers evaluation, and plans and specifications detailing how the stairways will be repaired or replaced to abate the hazardous situation, must be submitted to the City of Chanhassen by April 18,2001. When received, the plans will be reviewed for compliance with the building code, and you will be notified if any changes or other information is required. When the plans are approved you will be notified, and a permit must then be obtained for the work. The work shall commence no later than May 2, 2001 and must be completed by June 29, 2001. Failure to comply with these requirements will result in further action as provided for by State Statute. Please call me if you have any questions at: 952-937-1900 ext. 115. Sincerely, //Steven B. Torell Building Official pc.' Scott Botcher, City Manager Kate Aanenson, Community Development Director Bob Reid, Building Inspector Roger Knutson, City Attorney, Campbell Knutson Professional Association Property File: 125 Lakeview Road East Inspections File: ID # 97-004 g/safety/st/ltrs/liefschultz3-01 Correction on notice for Public Hearing/Open House on: Draft Regional Recreation Open Space Policy Plan and Draft 2002-2007 Metropolitan Regional Parks Capital Improvement Program Public hearing/open houses will be held from 2 p.m. to 8 p.m. on the Draft Regional Recreation Open Space Policy Plan and the Draft 2002-2007 Metropolitan Regional Parks Capital Improvement Program at the following locations: April 3rd, 2001: Reidell Farm Estate in Anoka County Riverfront Regional Park. The park is located in Fridley in Anoka County southwest of the intersection of 1-694 and East River Road. The entrance road to the park and Reidell Farm Estate is west of East River Road. Correction April 4th, 2001: Cleary Lake Golf Course clubhouse in Cleary Lake Regional ~ark. The park is located in Credit River Township in Scott County southwest of the intersection of Scott Co. Rd. 21 and Scott Co. Rd. ¢-1. 27. The entrance road to the park and golf course clubhouse is west of Scott Co. Rd. -94 27. April 5th, 2001: Phalen Golf Course clubhouse in Phalen Regional Park. The park is located in St. Paul in Ramsey County northeast of the intersection of Arcade Street and Wheelock Parkway. The entrance road to the park and golf course clubhouse is north of Wheelock ParkwaY on Phalen Drive. In addition to the open houses, you can send us your comments in a variety of formats: Public Comment Line: 651-602-1500 TTY: 651-291-0904 FAX: 651-602-1464 E-mail: data.center~metc.state.mn.us Website: www.metrocouncil.org Letter: Metropolitan Council Data Center ArlTN: Park Policy Public Comments Mears Park Centre 230 E 5th St St. Paul, MN 55101-1626 Comments will be accepted through 4:30p. m. April 19th, 2001. Copies of the Draft Regional Recreation Open Space Policy Plan (Publication No. 78-01-012) and the Draft 2002-2007 Metropolitan Regional Parks Capital Improvement Program (Publication No. 78-01- 013) are available for review at major public libraries in the seven-county Twin Cities Metropolitan Area or by contacting the Council's Regional Data Center at 651-602-1140 or 612-291-0904 (TDD). You can also view these documents on the Council's website "metrocouncil.org". RECEIVED MAR ~ 3 2001 CITY OF CHANHA$SE~