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Admin Section 1 1 ADMINISTRATIVE SECTION 1 Letter to Mr. & Mrs. David Nickolay dated October 21, 1993. I Letter to Amr K. Jabr dated October 21, 1993. 1 Letter to Douglas Hall dated October 19, 1993. Letter to Lawrence A. Moloney dated October 12, 1993. I Chanhassen Fire Education Criteria Evaluation. 1 Memo from Scott Harr dated October 27, 1993. Letter to John M. Broeker dated October 25, 1993. I from Report rom Deborah Porter, Barton-Aschman dated October 13, 1993. P 1 School District 112 Board Report dated October 14, 1993. I Letter from Brenda Vatland. Letter to Axel Ridell dated November I, 1993. 1 Letter to Clifford Whitehill dated November 2, 1993. I Letter from Gary Fuchs dated October 29, 1993. Letter from James Franklin, Dept. of Public Safety dated October 20, 1993. I Letter to Helen Merchant dated October 25, 1993. I Letter from Douglas Hoppenrath, North Memorial Medical Center dated October 20,1993 and correspondence to Chanhassen Firemen dated October 13, 1993. 1 Memo from Todd Hoffman dated November 2, 1993. Letter to Mr. & Mrs. George Dorsey dated October 18, 1993. I Letter from Donald Bluhm dated September 28, 1993. 1 1 .1 • '1 C ITYOF . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 October 21, 1993 • Mr. and Mrs. David Nickolay 8500 Tigua Circle 1 Chanhassen, MN 55317 • Dear Mr. and Mrs. Nickolay: 1 This is in response to your letter dated October 17, 1993. I am sorry you feel that staff has not responded to your suggestions and needs. However, on behalf of all staff members involved in 1 the Mission Hills project, I can safely say that eve have devoted many hours of our very busy schedules to the residents of Rice Lake Manor to answer questions they might have. On many occasions, I met in my office with your neighbors, Mrs. Joanne Larson and Mr. David Nagel, to answer questions about the development.:1 have always made myself available by 1 telephone and as you know, we have spoken on three occasions to respond to some of your questions. After our October 18, 1993, telephone conversation, when you requested that I respond to your 1 questions in writing, I informed you that I would send you a copy of the staff report where many of the issues that you had raised had been addressed. You are still requesting that I respond in 1 writing to your concerns which are as follows: 1. This type of High Density Development is too high for this area of Chanhassen. In preparing the year 2000 guide plan and comprehensive plan, this area was studied in detail before it was designated as a mixed commercial/high, medium, and low density 1 residential. 5 2. There is an inadequate transition between the proposed development and Rice Lake 1 Manor. The applicant has reduced the number of single family lots from 18 to 16 lots separating 1 Rice Lake Manor subdivision from the higher density units. Also, the lots abutting Rice Lake Manor have been increased in size from 15,000 square feet to 20,000 square feet. 1 1 Mr. and Mrs. David Nickolay October 21, 1993 Page 2 1 3. There are not enough parks provided for the number of people. The Park and Recreation Commission reviewed this application and determined that the 1 area to the east of Rice Lake Manor is guided for a future park. At this time, they felt no need to acquire any additional park land and have recommended approval of the plan. Plans have been revised to include the staff requested private park. 4. A large portion of the proposed plan is based on the new Highway 212 which may never be built. Highway 212 has been in the planning stage for decades and as you know, funding 111 limitations have again delayed construction. However, the Environmental Impact Statement has been completed and accepted. Construction at the east end is scheduled to start in November, 1996. In any event, development at this site is not contingent upon 1 the highway. Rather, it is consistent with city plans. Construction of any commercial component is more closely linked to community and neighborhood needs than to the highway. No construction is being proposed for this area at this time and its development 1 schedule remains open. 5. The current Highway 101 is not equipped to handle the traffic from this type of development. Highway 101 is a state route. The city has little legal right to prevent development based upon its condition or status when we are making the developer liable for safety improvements such as turn lanes. Land is being set aside for the future upgrading of Hwy. 101. The city is also working with other agencies to promote its upgrading, but this does not appear to be likely in the near term. As I have stated before, I am always available by telephone and will always return calls. Also; 1 as I offered on the telephone, I will be glad to meet with you and your neighborhood to explain the planning process and the steps required to approve an application. If you have any questions, please feel free to contact me. Sincerely, 1 C=7: 60.C12 • Sharmin Al -Jaff Planner I pc: Planning Commission City Council 1 • CITYOF .1 1 CHANHASSEN I ti 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 October 21, 1993 1 Mr. Amr K. Jabr Signal Operations Engineer I Minnesota Department of Transportation 5801 Duluth Street Golden Valley, MN 55422 1 Re: Installation of Emergency Vehicle Preemption (EVP) for the Traffic Signals on Trunk Highway 5 in Chanhassen - City Project No. 92 -3 0) 1 Dear Mr. Jabr: `° is As a part of the City of Chanhassen's West 78th Street Downtown Improvement Project No. 92 -3, provisions have I been made for the installation of emergency vehicle preemption systems on Trunk Highway 5 at the signalized intersections with Powers Boulevard (County Road 17), Market Boulevard, Great Plains Boulevard, Dakota Avenue and Dell Road. To date, the wiring interconnect and EVP detectors have been installed at each of the above I intersections. It is also my understanding that some minor modifications, including the addition of the opticom card brackets need to be added to each of the MnDOT controller cabinets. Please consider this letter a formal request for MnDOT to proceed with the necessary controller work to facilitate the emergency vehicle preemption system at these 5 intersections. Accordingly,t the City will be responsible for reimbursement of the costs associated with I this work. Please let me know when this work is being scheduled so that I may be able to furnish you with the EVP cards for each controller. 1 Please let me know if you have any questions or should need any additional assistance in administrating this work. Thank you in advance for your efforts in expediting this work task. .t. I Sincerely, CITY OF CHANHASSEN Charles D. Folch, P.E. I Director of Public Works /City Engineer CDF:ktm c: Dave Hempel, Assistant City Engineer Dennis Eyler, SRF Jim Dvorak, SRF 1 City Council Administrative Packet (11/8/93) 1 CITYOF . • II. It ,� . 690 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • • FAX (612) 937 -5739 i October 19, 1993 i Mr. Douglas A. Hall 1 Supervisor, Permits Unit Industrial Section/Water Quality Division Mn Pollution Control Agency 520 Lafayette Road St. Paul. MN 55155 -4194 1 Dear Mr. Hall: /` f As the Planning Director for the City of Chanhassen, I received a copy of the Draft NPDES /SD Permit MN 1 0061662 for Moon Valley Aggregates. I have also had an opportunity to discuss this permit at length with Dan Wells, who is on your staff. 1 On behalf of the City, I want to voice our support for the permit and associated conditions for the gravel mining operation. As you may know, Chanhassen is proud of the fact that we are in the forefront of communities actively working to protect our surface water resources. To this end, we have developed our Surface Water Protection program that seeks to mitigate non point source pollution. The City has been in negotiations with the operator for the past three years over a variety of issues, one of the primary ones being i environmental protection. In spite of the operator's self - designed attempts to deal with off -site runoff, we have long been concerned that these efforts are at best inadequate and of questionable effectiveness. .Events of this past summer when there was a significant discharge of material into Rice Lake only confirmed this f judgement. We appreciate your Agency's response to this issue as evidenced by the permit and would encourage you to insure that it is rigorously enforced. If there is anything the City can do to help with the administration of the permit or respond to related situations elsewhere in the Minnesota River Valley, please i contact me directly. - rel , i i f Paul Krauss, AICP • i Director of Planning cc: Judy Sventek, Environmental Planner, Metropolitan Council i Tom Scott, City Attorney's Office Charles Folch, City Engineer 1 Chanhassen Planning Commission and City Council Jules Smith, Metro Council Representative • I r I + ' • ' 1A '' �= -` Minnesota Pollution Control Agency 1 h } ;�ry� ..s y rC` li ■11110 li September 29, 1993 II CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thomas Zwiers, President 11 Moon Valley Aggregate, Inc. 1111 Deuce Road Elko, Minnesota 55022 II RE: DRAFT NPDES /SDS PERMIT MN 0061662 Moon Valley Mining Area Chanhassen, Minnesota II Dear Hr. Zwiers: 4 II In April 1993 we sent you a letter indicating that the wastewater discharges from your sand and gravel operation in Chanhassen would be covered for the present by the Minnesota Pollution Control Agency (MPCA) general industrial II storm water National Pollutant Discharge Elimination System (NPDES) permit. Our letter also noted, "If conditions at the facility result in greater sediment runoff toward Rice Lake, we may determine that an individual NPDES permit will then be required." Evidence at Chanhassen this summer indicates that due to ,I lack of adequate maintenance and failure to improve storm water management at the site, large amounts of sediment have been transported from your operation through the Highway 169 grade toward the Minnesota River valley and Rice Lake. II For this reason we are proceeding toward issuing an individual NPDES permit for this facility. We enclosed a copy of this draft permit and the public notice. II If you have any questions please contact Jim Strudell at•(612) 296 -7238. - Sincerely, II [221: . II Douglas A. Hall Supervisor, Permits Unit r � `, , Industrial Section Rr _ 1 �:r v :•> - Water Quality Division II { DAH /JS:mbo II Enclosure cc: See attached page. 1 Telephone Device for Deaf (TOD): (612) 297 -5353 Printed on recycled paper containing at least 10s paper recycled by consumers I 520 Lafayette Rd.; St. Paul, MN 55155 -4194; (612) 296 -6300; Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on Recycled Paper IF Mr. Thomas Zviers Page 2 1 The following people received a copy of the attached letter. 1 Paul Krauss, Chanhassen Planning Director Eden Prairie Planning Department Carver County Environmental Services Carver Soil and Water Conservation District Lower Minnesota River Watershed District Tom Kerr, Minnesota Valley National Wildlife Refuge Ceil Strauss, DNR- Waters Doug Norris, DNR- Ecological Services Gary Elftmann, U.S. Army Corps of Engineers 1 1 .1 • 1 1 1 1 1 1 1 - 1 1 1 Permit No: MN 0061662 PUBLIC NOTICE for the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM _( NPDES) AND STATE DISPOSAL SYSTEM (SDS) PERMIT PROGRAM (Section 402, Clean Water Act, as amended, Minn. Stat. chs. 115 and 116, as amended, and Minn. Rules ch. 7001) Draft NPDES and SDS Permit to Construct, Install, and Operate a Wastewater ' Disposal System and to Discharge into Waters of the State Public Notice Issued On: September 29, 1993 Last Day to Submit Comments: October 28, 1993 ' Name and Address of Applicant: Name and Location of Facility: Moon Valley Aggregate, Inc. Moon Valley Mining Area 1111 Deuce Road NEW, NEW, Section 36, T117N, R23W • Elko, Minnesota 55022 Chanhassen, Minnesota 55317 Receiving Waters: Rice Lake NOTICE: The above named applicant has applied for issuance of an NPDES /SDS permit to ' construct, install, and operate a wastewater disposal system and to discharge into the designated receiving waters. The Minnesota Pollution Control Agency (MPCA) Commissioner has determined that storm water discharges from this facility are contributing to a violation of a water quality standard, and has required the Permittee to be covered by an individual storm water discharge permit. The Commissioner also has found that the facility operations, ' activities and discharge would be more appropriately controlled by an individual permit than a general permit. The permit will be issued by the MPCA for a term of approximately five years. The application, draft permit, and other documents are available for inspection and may be copied any time between 9:30 a.m. and 3:30 p.m., Monday through Friday. Copies of the .public notice are available at the address shown on 11 page 4. If you have any questions regarding the draft permit or would like to receive a copy of the draft permit, please contact Jim Strudell at (612) 296 -7238. On the basis of preliminary staff review and application of applicable standards and regulations, the Commissioner has made a preliminary determination that permit MN 0061662 should be issued subject to certain effluent limitations and - 1 special conditions. 11 Telephone Device for Deaf (TDD): (612) 291 -5353 Printed on recycled paper containing at least 10% paper recycled by consumers -2pn- Date: September 29, ,1993 , Permit No: MN 0061662 It 1 The principal activity at this facility is the open pit mining of sand and gravel, at an average production rate of 100,000 cubic yards /year. Mining is normally not carried out during the winter. No sand and gravel washing is conducted at the facility. The facility consists of all excavation areas, materials storage areas, waste disposal areas and non - sewage wastewater disposal systems within the area designated on the map below.. The mine excavation is along the south - facing Minnesota River Valley bluff. Surface drainage from excavation areas and stockpiles at the facility is 1 routed through various sedimentation basins. Drainage from storage sites for lime sludge from the Bloomington water treatment plant, and for topsoil, also flow to these basins. Flow from these sites, as well as an adjacent rifle I range, is routed by gravity through culvert outfall 010, on the south side of Highway 169, to Rice Lake (class 2B, 3B, 4A, 4B, 5 and 6 waters). • The location of the facility and the designated outfall is shown on the map below. • 1 1 1 _ • •t I. y / a` ) i cam. ` _ _ � ) \ ' i • l ? '.,C - %/ ' _ 1 1 (per `" j , • 4 -- -,�; 1 ,'1 • e ' llv y : \: 800 rek \ 11 4/ /- . -, ' , ,933,-c,— ii v: ;',..- ‘ ,".40; ,.., 'X; 4 , - ," : „ . ■j,./.7:-_-'_- ,. 'E- 1: .. .)--.=,---------- - - - I ▪ 1 I --.,,- \ I i A 2',79 A - f ori$1401% ,,T i t•-` ----- -.... •_:. N . -%ni ■ .. ,,.Ji ' 1. / / ///' 't . , II ( ( i i 4 0,Z . j) PR,» ,..,•• ' • i' ' "i i i: .a.... ...,... a p _-,,) /. - - 0--" r '". -, -\•- - X , ��� `• 0( - ` • -fit ` 1\ Gl r \'1 8 i i' 1l - - , t • 010 • tau +_ ' • I • -► _- a - .sue d..14,:- • -+x- X9 8 � , - - 0 I � o -� — �, • .r ,, .. . y„- — — - - -� 1 ..w. - - .._ _ — - I,. - - - '� - j _ --m--- -,to„ —.,. .� s�L� `0-- — 1 -' fir` 1 -'W- — .alb ' ' - ' 4 4 - - -- -i, 'LL'' -'�`_ `\ - -.- S . �1r4 - . /.-- ' -.-), — �s �� —. RVER CO •- l 7/ /- _ I _. _ BOUNDARY .y ' " COTT CO ���"!� �.' Trailer • 1 -3pn- Date: September 29, 1993 Permit No: MN 0061662 1 The Commissioner's determination that the permit should be issued is 1 preliminary. Interested persons are invited to submit written comments upon the proposed permit action. The comment period begins and ends as indicated on page one of this Notice. Any comments received no later than the last day of the comment period will be considered in the formulation of final determinations. Any comments submitted are required by Minn. Rules pt. 7001.0110 to include the 1 following information: 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, including specific references to sections of the draft permit that 1 the person believes should be changed; and 3. The reasons supporting the person's position, stated with sufficient 1 specificity as to allow the Commissioner to investigate the merits of the person's position. During the comment period, any person may submit a request for a public informational meeting or a contested case hearing on the proposed permit action. A public informational meeting is an informal meeting which the MPCA may hold to help clarify and resolve issues. A contested case hearing is a formal proceeding before a state Administrative Law Judge. Any request for a public informational meeting or a contested case hearing must ' include the items 1 through 3 listed above and also 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 meeting or contested case hearing. In the absence of any requests for a public informational meeting or contested case hearing, the final decision of the proposed permit action will be made by ' the Commissioner under a delegation made by the MPCA Board. However, any person may request that this permit be considered by the MPCA Board prior to final permit action. Such requests must be made in accordance with Minn. Rules pt. 7000.0500, subp. 6. 1 1 1 1 1 -4pn- Date: September 29, 1993 Permit No: MN 0061662 Ir Comments or requests should be submitted in person or by mail within the comment period to: Industrial Section slater Quality Division • Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Minnesota 55155 -4194 1 The permit number should appear next to the above address on the envelope and on each page of any submitted comments or requests. Please be advised that the public is entitled to participate in the activities of both the MPCA Board and the Commissioner in accordance with the provisions of Minn. Rules pts. 7000.1500 and 7000.1600. 1 The permit will be issued if the MPCA determines that the proposed permittee or permittees will, with respect to the facility or activity to be permitted, comply or undertake a schedule of compliance to achieve compliance with all applicable state and federal pollution control statutes and rules administered by the MPCA and the conditions of the permit, and that all applicable requirements of Minn. Stat. ch. 116D and the rules promulgated thereunder have been fulfilled. Pursuant to the waiver provisions authorized by 40 CFR Part 123.24, this draft permit is within the class, type and size for which the Regional Administrator, U.S. Environmental Protection Agency, Region V, has waived his right to review, object or comment on this proposed permit action. Please bring the foregoing to the attention of persons whom you know would be interested in this matter. 1 1 1 1 1 1 11 1 0 r.. prim. Page 1 of 24 • Permit No: MN 0061662 • SEP 2 9 1993 AUTHORIZATION TO DISCHARGE AND TO CONSTRUCT, INSTALL AND OPERATE A WASTEWATER DISPOSAL SYSTEM 1 UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND STATE DISPOSAL SYSTEM PERMIT PROGRAM In compliance with the provisions of the Clean Vater Act, as amended (33 U.S.C. 1251 et seq.; hereinafter the "Act "), Minn. Stat. chs. 115 and 116, as amended, and Minn. Rules ch. 7001, MOON VALLEY AGGREGATE, INC. (hereinafter the Permittee) is authorized by the Minnesota Pollution Control Agency (MPCA) to construct, install and operate a wastewater disposal system at and to discharge storm water from the Moon Valley Mining Area, in a portion of the NEV4, NEV, Section 36, T116N, R23V, •Chanhassen, Carver County, Minnesota, to receiving water named Rice Lake, in accordance with effluent limitations, monitoring requirements and other conditions set forth herein. This permit shall become effective on the date of issuance by the Commissioner. This permit and its authorization shall expire at midnight, October 31, 1998. The Permittee is not authorized to discharge nor to operate the disposal system after the above date of expiration. In order to receive such authorization beyond the above date of expiration, the Permittee shall submit such information and forms as are required by the MPCA no later than 180 days prior to the above date of expiration pursuant to Minn. Rules pt. 7001.0040. 1 Date: Debra L. McGovern Manager, Industrial Section Vater Quality Division • For Charles W. Williams 1 Commissioner Minnesota Pollution Control MPCA • 1 ' Telephone Device for Deaf (1"DD): (612) 297 -5353 Printed on recycled papa containing at least 10% paper reryded by consumers 1 Page 2 of 24 IF Permit No: MN 0061662 TABLE OF CONTENTS 1 PART I Page II A. Description 3 B. Effluent Limitations and Monitoring Requirements __ 4 C. Special Requirements 1. Pretreatment Requirements 5 II 2. Water Treatment and Chemical Additives 5 3. Reopening Clause 5 4. Runoff Control 6 II 5. Expansion 6 6. New Proposed Outfalls 7 7. Application for Permit Reissuance 7 II 8. Concrete, Asphalt and Wash Plants 7 9. Non -Storm Water Discharges 7 10. Inspections and Maintenance 8 II 11. Financial Assurance 8 D. Closure 9 E. Monitoring and Reporting 1. Monitoring 10 II 2. Reporting 11 F. Definitions 13 G. Compliance Schedule II 1. Temporary Protection and Permanent Cover 14 2. Sedimentation Basins 14 PART II II A. Management Requirements 1. Bypasses 16 II 2. Upsets • 17 3. Noncompliance Notification 18 4. Adverse Impact 19 5. Change in Discharge 19 6. Facilities Operation and Quality Control 20 7. Removed Substances 20 8. System Reliability 20 II 9. Construction 21 10. Need to Halt or Reduce Not a Defense Y1 B. Responsibilities II 1. Transfer of Ownership or Control 22 2. Permit Modification 22 3. Toxic Pollutants 22 4. Right of Entry 22 II 5. Civil and Criminal Liability 23 6. Oil and Hazardous Substance Liability Y3 7. Liability Exemption 23 II 8. Minnesota Laws 23 9. Property Rights 23 10. Severability 24 11. NPDES /SDS Rules 24 II 12. Other Statutes, Rules and Ordinances... 24 13. More Stringent Rules 24 14. MPCA Obligation 24 , • II . PART I Page 3 of 24 .' Permit No: MN 0061662 II A. DESCRIPTION 1 The principal activity at this facility is the open pit mining of sand and gravel, at an average production rate of 100,000 cubic yards /year. I Mining is normally not carried out during the winter. No sand and gravel washing is conducted at the facility. The facility consists of all excavation areas, materials storage areas, waste disposal areas and non - sewage wastewater disposal systems within the area designated on the 1 map below. The mine excavation is along the south - facing Minnesota River Valley I bluff. Surface drainage from excavation areas and stockpiles at the facility is routed through various sedimentation basins. Drainage from storage sites for lime sludge from the Bloomington water treatment plant, I and for topsoil, also flow to these basins. Flow from these sites, as well as an adjacent rifle range, is routed by gravity through culvert outfall 010, on the south side of Highway 169, to Rice Lake (class 2B, 3B, 4A, 4B, 5 and 6 waters). 1 The location of the facility and the designated outfall is shown on the map below. a , s ,, • 1 4 1- __ .-_: 1 , __:), "iZ a. I -Th L- - ' ,.\ • �\ ' I ; T •.- �• '` � � �� , A:144:361.\:7,/,:o. r ` \ ���� ` " >: G ` 1� ,'.1 1 .� ; ,: ,�a �� ^,; ' - -- .� - I ,i, v. - „_.,,,' , ,953.--r il . 4,4r. ' ; Vic--- t 7,: • ' ;- - - -- - ,.!•ismid111 coftip ,t , It 1_,;_(, , 1 AI ,,' ::. A F , ( poise,t, is' —�i //; !� X111 l� P 11 -A ( - n ` -.PI +�- , %,, 11 / //(�1./; • • B i/ .. / % • _t__ /' • . _ *.. 1 . ,fie Ft - (l - . _ — — may. I.. • II •% _ - - l 1 \ ` \\ _ .0.. - -±v ' - - 1 . _' ,\ 1 -44. � . .rte - — - rQ�- .ei. .,,! mow. ..per -aW� -0.- — 1&. _ - _,._-31'- V _•' (\ - 'L6- -i ---,4-°' ,. - MLA 1 _ _ .. - - - to I 44_ — --11 ... '44.-- \ .L+4,,_ — ■&k_ • ^ ' "g" ._ �„' - - ..4. - - - _.,1,.. \. - '°"` - — - W -✓- 7 - _ - -- - _ -u, — � s RVER _ CO z i � - i ' - -,�� I - � �- �C IT�Y - BOLINDAR ' • : .\ '� • COTT CO ° _1 w - — _.p . � - emu'` —�� I .( O • u_ '� �� �„ ' A Trailer • PART I r Page 4 of 24 Permit No: MN 0061662 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS r During the period beginning on the effective date of this permit and lasting until October 31, 1998, the Permittee is authorized to discharge r from outfall 010. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Measurement Sample r Average Daily Maximum Frequency(1) Type Flow (million gallons /day) -- -- (2) Instantaneous II Total Suspended Solids 30 mg /1 52 mg /1 (2) Grab The pH shall not be less than 6.0 nor greater than 9.0 and shall be monitored by periodic 4) grab samples analyzed immediately. These upper and lower limitations are not subject to averaging and shall be met at 11 all times. There shall be no discharge of floating solids or visible foam in other than trace amounts. The discharge shall not contain oil or other substances in amounts sufficient to create a visible color film on the surface of the receiving waters. Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location: culvert outfall 010, on-' the south side of Highway 169. . r . 1 a 9 Durin g 'March and April: weekly. May through October: twice monthly.. November through February: monthly. . 1 r PART I I Page 5 of 24 Permit No: MN 0061662 C. SPECIAL REQUIREMENTS 1. Pretreatment Requirements No pollutant shall be discharged from this facility to a publicly ' owned treatment works except in accordance with pretreatment standards established in accordance with the Act or Minnesota Statutes or any such local standards or requirements. No pollutant shall be discharged into any publicly owned disposal system which ' interferes with, passes through inadequately treated or otherwise is incompatible with such disposal system. The Permittee shall not make modifications to divert any discharge of pollutants authorized by this permit to a publicly owned treatment works without having first notified and received the approval of the Commissioner. 2. Water Treatment and Chemical Additives The Permittee shall not use nor increase the use of water treatment or chemical additives at this facility other than those additives noted in Part I,A, and in those amounts noted in Part I,A, without ' the prior approval of the Commissioner. The Permittee shall request approval from the Commissioner in writing at least 30 days in advance of the proposed new use or increase in use of a water treatment or chemical additive at this facility. This written request shall include at least the following information for the proposed additive: a. Material Safety Data Sheets, and the complete product use and instruction labels; b. The commercial and chemical names; c. Aquatic toxicity and human health or mammalian toxicity data; d. Environmental fate information (including, but not limited to, persistence, half -life, intermediate breakdown products, and ' bioaccumulation data); e. Whether the chemical is a suspected carcinogen, mutagen or teratogen; and f. The proposed methods, concentrations, and average and maximum rates and frequencies of chemical addition. This permit may be modified to restrict the use or discharge of a ' water treatment or chemical additive, or to require additional monitoring. 3. Reopening Clause This permit shall be modified, or, alternatively, revoked and reissued, to .comply with any applicable effluent standard or limitation issued or approved under sections 301 (b)(2)(C), and (D), 304 (b)(2), and 307 (a)(2) of the Act, if the effluent standard or limitation so issued or approved: ' (1) Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or (2) Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. PART I Page 6 of 24 Permit No: MN 0061662 Ir. 4. Runoff Control In addition to complying with the effluent limitations specified in 1 PART I, B, the Permittee shall operate and maintain the facility and shall control runoff, including storm water, from mining waste disposal areas so as not to cause the water quality standards specified in Minn. Rules chs. 7050 and 7060 to be exceeded in waters of the state. Such waters include, but are not limited to: Rice Lake. 1 The Permittee shall limit and control the use of materials at the facility when such use has caused or is likely to cause the water quality standards to be exceeded in the ground water. Such materials include, but are not limited to, chemical dust suppressants, lubricants, fuels, drilling fluids, oils, fertilizers, explosives and blasting agents. 1 5. Expansion The Permittee shall notify the Commissioner in writing at least 180 1 days in advance of any expansion of the area covered by mine excavations, mining waste and wastewater disposal systems beyond the area designated on the map on page 3 of this permit. The Permittee ' shall submit to the Commissioner in writing at least the following materials at the same time as this notification is submitted. a. A map of the proposed expansion area, including the specific , locations of the current and proposed excavation areas, stockpile areas, sedimentation basins and drainageways, with the directions of water flow indicated. b. A brief description of the proposed mining and processing methods. - 1 c. The projected increase in average and maximum discharge rates as a result of the expansion, and the basis for these projections. d. The dimensions, holding capacities and slope gradients of all proposed ditches and sedimentation basins. e. A description of the proposed inflow and outflow structures for the sedimentation basins. • f. A brief description of how the sedimentation basins are proposed 1 to be constructed and maintained. g. The proposed design plans and specifications for control of total ' suspended solids in the discharge from the proposed expansion area, including the engineering basis for such design. h. A map description of the lands that the Permittee controls, 1 through lease or ownership. i. The proposed production rate after expansion. - , PART I ,, _ Page 7 of 24 Permit No: MN 0061662 6. New Proposed Outfalls The Permittee shall apply in writing for and shall obtain a major ' modification of this permit in order to begin discharge from a new outfall location. Such an application shall be submitted at least 180 days in advance of the planned starting date of such discharge from a ' new outfall, and shall include at least the following: a. Detailed plans and specifications for the proposed methods of achieving effluent limits for total suspended solids, based in ' part upon representative water quality data for untreated wastewater; ' b. A detailed map and diagram description of the proposed design for the flow control structures, and route of the discharge to receiving waters; and 11 c. The appropriate application fee, in accordance with Minn. Rules pt. 7002.0250. ' 7. Application for Permit Reissuance The Permittee shall include, with the application for reissuance of ' this permit, analytical data for at least the following parameters at outfall 010: a. Biochemical oxygen demand, chemical oxygen demand, total organic ' carbon, fecal coliform, ammonia, temperature; b. Color, fluoride, nitrate - nitrite (as N), total organic nitrogen, oil and grease, total phosphorus, chloride, sulfate, surfactants; and c. Aluminum, barium, boron, calcium, cobalt, iron, magnesium, molybdenum, manganese, potassium, sodium, tin, titanium, antimony, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, lithium, nickel, selenium, silver, strontium, thallium, vanadium, zinc (all in total form). These analyses shall be performed on a sample taken no earlier than 180 days before the date on which the application is submitted. The application also shall include information on the date of the sampling. 11 8. Concrete, Asphalt and Wash Plants The Permittee shall notify the Commissioner in writing at least 180 ' days in advance of locating a hot mix asphalt concrete plant, a ready mix concrete plant, or a sand and gravel water wash plant at the facility: Such additions may require modification of this permit. 9. Non -Storm Water Discharges This permit does not authorize the discharge of wash water, scrubber water, equipment maintenance water, spills, oil, hazardous substances or any wastewater other than storm water. 1 PART I Page 8 of 24 Permit No: MN 0061662 • 10. Inspections and Maintenance 1 p d The Permittee shall inspect and maintain the facility at least once every week, and within 24 hours after every rainfall at the facility, as follows: a. The Permittee shall ensure that temporary protection and permanent cover for all exposed areas are maintained in accordance with Part I, G.1. b. When the depth of sediment collected in a sedimentation basin reaches one -half of the riser height, or one -half of the basin design hydraulic storage volume, the Permittee shall drain the basin and remove the sediment. The Permittee shall drain and remove the sediment within three days of discovery that this sediment level has been reached. No outflow from the sedimentation basin shall occur while sediment is being removed from that basin. The sediment removed from the basin shall be disposed of at a site which drains to sedimentation basin(s) at the facility. 1 c. If sand, gravel, soil or mud from the facility has been tracked by vehicles leaving the facility onto Highway 169, the Permittee , within 24 hours of discovery shall remove this material from the road surface and return it to the facility so that the materials drain to sedimentation basin(s) at the facility. d. If sediment from the facility has entered Rice Lake, the Permittee shall within three days of discovery notify in writing the Commissioner and also the U.S. Fish and Wildlife Service and the Minnesota Department of Natural Resources Waters Division. 11. Financial Assurance The Commissioner may require the Permittee to establish financial assurance for closure, postclosure care and remedial action at the facility. 1 • 1 1 1 1 1 '• PART I Page 9 of 24 Permit No: MN 0061662 D. CLOSURE 1 The Permittee is responsible for closure and post - closure care of the facility. The Commissioner may require the Permittee to submit a Pollution Control Closure Plan for approval. The Permittee shall notify the ' Commissioner of any significant reduction or cessation of the operations described in PART I, A. If a Plan is required, the Commissioner will inform the Permittee in writing of this request, and will state the 1 site- specific concerns that the Plan shall address and the date by which the Plan shall be submitted. The Plan shall provide for the implementation, including continued maintenance if necessary, of best management practices and best available technology and shall assure ' compliance with all applicable statutes, rules and regulations that apply to air quality, water quality and the disposal of solid and hazardous wastes. The Plan also shall include provisions for financial surety for all closure, postclosure and contingency action activities. If a Plan is required, closure shall not proceed until this Plan is approved by the Commissioner. ' If the Permittee does not desire to continue the activities authorized by this permit beyond the expiration date of this permit, the Permittee shall apply for reissuance of this permit in order to authorize facility closure, ' or shall notify the Commissioner in writing that the Permittee does not intend to apply for reissuance of this permit, no later than 180 days prior to the expiration date of this permit. The Commissioner may require the Permittee to apply for reissuance or major modification of this permit in order to authorize facility closure. • 1 1 1 1 1 1 1 1 PART I Page 10 of 24 Permit No: MN 0061662 1' E. MONITORING AND REPORTING 1. Monitoring , a. Representative Sampling Samples and measurements taken for the purposes of monitoring shall be representative of the volume and nature of the monitored activity. b. Certified Laboratory In order to insure the quality and validity of analytical data, all samples collected to determine compliance with this permit shall be analyzed by a laboratory certified by the Minnesota Department of Health as provided by Minn. Rules pt. 4740.2040, Certified Test Categories. c. Test Procedures Test procedures for the analysis of parameters shall conform to regulations promulgated pursuant to Section 304 (h) of the Act, and Minn. Stat. § 115.03, subd. 1 (e) (7) as amended, and 40 Code of Federal Regulations Part 136. The Permittee shall calibrate all field instruments in the ' field prior to sample collection. The Permittee also shall periodically calibrate and perform maintenance on all other monitoring and analytical instrumentation used to monitor parameters under this permit, at intervals to insure accuracy of measurements. The Permittee shall maintain written records of all such calibrations and maintenance. ' d. Recording of Results For each measurement taken or sample collected pursuant to the requirements of this Permit, the Permittee shall record the following information: 1) The exact place, date, and time of sampling; 2) The dates the analyses were performed; 3) The person who performed the analyses; 4) The analytical techniques, procedures and methods used; and 5) The results of such analyses. e. Additional Monitoring by Permittee If the Permittee monitors any parameter designated herein more frequently than required by this permit, or as otherwise directed by the MPCA or Commissioner, the results of such monitoring shall be included in the calculation and reporting of values submitted on the Discharge Monitoring Report Form. Any increased monitoring frequency shall also be indicated on such designated form. 1 • PART I Page 11 of 24 Permit No: MN 0061662 ' f. Recording and Records Retention The Permittee shall retain for a minimum of three years all records ' and documents in its possession or the possession of its divisions, employees, agents, accountants, contractors or attorneys that relate to this permit, including original recordings from any continuous ' monitoring instrumentation, and any calibration and maintenance records. These retention periods shall be automatically extended during the course of any legal or administrative proceedings or when ' so requested by the Regional Administrator, the MPCA, or the Commissioner. 2. Reporting ' a. Submittal of Monthly Report All monitoring results obtained pursuant to the provisions of this permit shall be summarized on a monthly basis and reported on the designated "Discharge Monitoring Report Form." Reports shall be submitted monthly and received or postmarked no later than the 21st ' day of the month following the month during which the monitoring was completed. The first report is due on the reporting date following the first month where monitoring is required beginning on the date of issuance of this permit. Reports shall be signed by the Permittee or the duly authorized representative of the Permittee. ' Signed copies of these, and all other reports required herein, shall be submitted to the Commissioner at the following address: Minnesota Pollution Control Agency ' Water Quality Division Industrial Section 520 Lafayette Road North ' St. Paul, Minnesota 55155 -4194 b. Contents of Monthly Report ' The Permittee shall report the results of the monitoring in the units specified in this permit. The reports or written statements shall be submitted even if no discharge occurred during the reporting period. The report shall include: (1) A description of any modifications in the wastewater collection, treatment, and disposal facilities; ' (2) Any substantial changes in operational procedures; 1 PART I 1 Page 12 of 24 Permit No: MN 0061662 3 ( ) Any other significant activities which alter the nature or frequency of the discharge; and (4) Any other material factors affecting compliance with the conditions of this permit and such information as the MPCA or Commissioner may reasonably require of the Permittee pursuant to Minn. Stat. chs. 115 and 116 as amended, and Minn. Rules ch. 7001. c. Availability of Data . Except for data determined to be confidential under Section 308 of the Act, and Minn. Stat. § 116.075, subd. 2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the MPCA. Procedures for submitting such confidential material shall be pursuant to Minn. Rules pt. 7000.1300. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report, confidential or otherwise, is subject to the imposition of criminal penalties as provided for in Section 309 of the Act and Minn. Stat. §§ 115.071 and 609.671. 1 1 1 1 • • 1 1 1 1 •1 1 '. PART I Page 13 of 24 • Permit No: MN 0061662 F. DEFINITIONS ' 1. The "Act" means the Clean Water Act, as amended 33 U.S.C. 1251, et seq. 2. "Best Available Technology" means the application to a treatment facility of the best available technology economically achievable as required by Section 301 (b)(2) of the Clean Water Act, United States Code, Title 33, Section 1311 (b)(2). 3. "Best Management Practices" means practices to prevent or reduce the pollution of the waters of the state, including schedules of ' activities, prohibitions of practices, and other management practice, and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. 4. The "Commissioner" means the Commissioner, or other MPCA staff as authorized by the Commissioner, of the Minnesota Pollution Control Agency as described in Minn. Stat. § 116.03 as amended. 5. "Daily Maximum" concentration means the greatest daily determination ' of concentration for any calendar day. 6. "Grab" sample is an individual sample collected at one point in time. ' 7. "Monthly Average" concentration is defined as the arithmetic mean (weighted by flow value) of all the daily determinations of concentration made during the calendar month. Daily determinations of ' concentration made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic mean (weighted ' by flow value) of all the samples collected during the calendar day. The arithmetic mean (weighted by flow value) is the summation of each concentration times its respective flow divided by the summation of ' the respective flows. 8. The "MPCA" means the Minnesota Pollution' Control Agency, as constituted pursuant to Minn. Stat. § 116.02, subd. 1. ' 9. "Pollutants, Toxic Pollutants, Other Wastes, Point Source, Disposal System, Waters of the State," and other terms for the purpose of this permit are defined in Section 502 of the Act and Minn. Stat. § 115.01 as amended and Minn. Rules ch. 7001. 10. The "Regional Administrator" means the Environmental Protection Agency (EPA) Region Administrator for the region in which Minnesota is located (now Region V). PART I �. Page 14 of 24 Permit No: MN 0061662 G. MPLIAN , CO CE SCHEDULE 1. Temporary Protection and Permanent Cover 1 No later than seven days after the issuance date_ of this permit, the Permittee shall provide and continue to maintain temporary protection or permanent cover for all exposed excavation areas, sand and gravel, stockpiles, waste disposal areas, and materials storage areas at the facility within the following time frames: 1 Temporary protection or permanent cover where the area has not been, or will not be, Type of slope: worked by the Permittee for: , Steeper than 3:1 Seven days 10:1 to 3:1 Fourteen days • ' Flatter than 10:1 Twenty -one days [In other terms, for example, an exposed area with a 6:1 slope shall be left no longer than fourteen days without temporary protection or permanent cover.] ' Temporary protection means methods used to prevent erosion on a short -term basis, such as the placement of mulching straw, wood fiber blankets, wood chips, or erosion control netting, or temporary seeding or planting. Permanent cover means final stabilization used to prevent erosion, such as the placement of riprap, sodding, or permanent seeding or planting. Permanent seeding and planting must have a uniform perennial vegetation cover of at least 70 percent density to constitute final stabilization. 2. Sedimentation Basins No later than 30 days after the issuance date of this permit, the Permittee shall install at least one sedimentation basin that will treat all runoff and surface drainage leaving the facility prior to discharge through outfall 010. This basin, or basins, shall: a. Be designed by a registered professional engineer, and be installed under the direct supervision of a registered professional engineer. b. Provide at least 1800 cubic feet, per acre drained, of hydraulic ' storage volume below the top of the outlet riser pipe. PART I Page 15 of 24 Permit No: MN 0061662 c. Have inlet(s) and outlet(s) designed to prevent short circuiting and the discharge of floating debris. The inlet(s) shall be 1 placed at an elevation at least above one -half of the basin design hydraulic storage volume. The outlet(s) shall consist of a perforated riser pipe wrapped with filter fabric and covered ' with crushed gravel. The perforated riser pipe shall be designed to allow complete drawdown of the basin(s). d. Include riprap, splash pads or gabions at the outlet(s) to prevent downstream erosion. e. Have a design that allows for regular removal of accumulated 1 sediment by °a backhoe or other suitable equipment. • 1 1 1 1 1 1 1 1 1 1 1 - - • PART II • ,• Page 16 of 24 Permit No: MN 0061662 It' PART II A. MANAGEMENT REQUIREMENTS 1. Bypasses A bypass is an intentional diversion of a waste stream from any portion of the treatment facility. Bypasses are prohibited except as allowed by PART II,A.1, of this permit or as allowed by rules of the MPCA. a. Bypass not causing exceedance of permit effluent limitations. (1) A bypass that does not result in an exceedance of applicable effluent limits is allowed only if the bypass is necessary for essential maintenance to assure efficient operation of the wastewater treatment facility. (2) The Permittee shall notify the MPCA in writing of the need for an anticipated bypass at least ten days before the date.of the bypass. If the bypass was unanticipated, the Permittee shall notify the MPCA as soon as possible under the circumstances, but in no event more than 24 hours after the bypass. b. Bypass causing exceedance of permit effluent limitations. A bypass that causes an exceedance of an effluent limit, whether anticipated or unanticipated, is prohibited except under the following conditions: (1) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. For the purposes of this paragraph, "severe property damage" means substantial damage to property of the Permittee or of others; damage to the wastewater treatment facilities that may cause them to become inoperable; or substantial and permanent loss of natural. resources that can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss as a result of a delay in production. (2) There is no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated .wastes, or performance of maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance. (3) In the case of an anticipated bypass, the Permittee has notified the Commissioner at least ten days in advance of the bypass or as soon as possible under the circumstances, and the Commissioner has approved the bypass. The Commissioner shall • • PART II Page 17 of 24 Permit No: MN 0061662 .1 1 approve the bypass if the Commissioner finds that the conditions set forth in (1) and (2) above are met. The Permittee shall provide the Commissioner such information as the Commissioner requires to make a decision on the bypass. (4) In the case of an unanticipated bypass, the Permittee has ' notified the within 24 hours of the bypass. The Permittee shall provide in writing the reasons for an unanticipated bypass. ' c. Water Quality Violations. In no event shall a bypass, whether anticipated or unanticipated, be permitted if it results in a violation of applicable water quality standards. ' d. Health Hazards /Nuisance Conditions. If an unanticipated bypass may cause a health hazard or nuisance condition to occur, the Permittee shall notify the MPCA immediately by calling the ' MPCA's emergency response number (612) 296 -8100. e. Written Reports. The Permittee shall include with its 'next Discharge Monitoring Report a written report about any bypass ' that caused an exceedance of permit limits. The report shall contain the following information: ' (1) A description of the discharge, the approximate volume, and the cause of the bypass. (2) The period of the bypass including exact dates and times, and, if the bypass is still occurring, the anticipated time the bypass will continue. (3) A description of the steps taken to reduce, eliminate, and prevent recurrence of the bypass. 1 2. Upsets ' An upset is an exceptional incident in which there is unintentional and temporary exceedance of permit limits due to factors beyond the control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 1 1 1 1 1 PART II Page 18 of 24 Permit No: MN 0061662 1 1 a. Affirmative Upset Defense. If the Permittee exceeds permit limits due to an upset, the Permittee has an affirmative defense to an enforcement action brought by the HPCA as a result of the noncompliance if the Permittee demonstrates the following by a preponderance of competent evidence: (1) The specific cause of the upset (2) That the upset was unintentional; 1 (3) That the upset resulted from factors beyond the control of the Permittee and did not result from operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or increases in production which are beyond the design capability of the treatment facilities; (4) That at the time of the upset the facility vas being properly operated; 1 (5) That the Permittee notified the MPCA within 24 hours of the upset; and (6) That the Permittee took all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, and the environment resulting from the upset. b. Written Report. The Permittee shall include with its next Discharge Monitoring Report a written report about any upset that occurred in the previous month. The report shall contain the same information required for a bypass report under paragraph II.A.l.f and in addition shall describe the steps taken to minimize the adverse impacts on human health, public drinking water supplies, and the environment resulting from the upset. - 3. Noncompliance Notification. If, for any reason, the Permittee does 1 not comply with, or will be unable to comply with, any effluent limitation or other condition specified in this permit, the Permittee shall report with the next Discharge Monitoring Report, at a minimum, the following information: a. A description of the nature and the cause of the noncompliance. b. The period of noncompliance including exact dates and times. c. The anticipated time of noncompliance if it is still. continuing. d. The steps taken to correct, reduce, eliminate, and prevent recurrence of the noncompliance. 1 1 1 PART II 111 Page 19 of 24 Permit No: MN 0061662 4. Adverse Impact The Permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from: a. All unauthorized discharges accidental or otherwise, of oil, toxic pollutants or other hazardous substances consistent with Minn. Stat. § 115.061 and 40 CFR PART 110 and 116; ' b. Effluent limitation violations; c. A bypass; or d. An upset. The Permittee shall immediately notify the Commissioner in writing ' of any occurrences as described in a. through d. above. Notification for bypasses and upsets shall be consistent with the requirements of PART II,A.1 and A.2. ' 5. Change in Discharge a. All discharges authorized herein shall be consistent with the • ' terms and conditions of this permit. The discharge of any pollutant more frequently than, or at a level in excess of, that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such a violation may result in the imposition of civil or criminal penalties as provided for in Section 309 of the Act, Minn. ' Stat. §§ 115.071 and 609.671. b. Facility modifications, additions, and /or expansions that increase the plant capacity shall be reported to the ' Commissioner (Attn: Industrial Section, Water Quality Division) and this permit may then be modified or reissued to reflect such changes.. c. Any anticipated change in the facility discharge, including any facility expansions, production 'increases, process modifications, new or modified industrial discharges, or change ' in the quality of existing industrial discharges to the treatment system that may result in a new or increased discharge of pollutants shall be reported to the Commissioner (Attn: .Industrial Section, Water Quality Division). Modification' to the permit may then be made to reflect any necessary change in permit conditions, including any necessary effluent limitations for any pollutant not identified and limited herein. d. In no case are any new connections, increased flows, or significant changes in influent quality permitted that will cause violation of the limitations and conditions specified herein. 1 1 PART II Page 20 of 24 Permit No: MN 0061662 6. Facilities Operation and Quality Control All waste collection, control, treatment, and disposal facilities shall be operated in a manner consistent with the following: a. Maintenance of the treatment facility - that results in impairment of treatment efficiency of the disposal system and /or degradation of water quality shall be scheduled as much as possible during non - critical water quality periods and shall be carried out in a manner approved by the Commissioner. b. The Commissioner may require the Permittee to submit a maintenance plan to eliminate water quality degradation. The Permittee shall operate the disposal system in accordance with this plan as approved by the Commissioner. c. The Permittee shall provide an adequate operating staff which is duly qualified under Minn. Rules ch. 9400 and, if applicable, as determined by the Commissioner pursuant to Minn. Rules pt. 7001.0150, to carry out the operation, maintenance and testing functions required to insure compliance with the conditions of this permit. d. The Permittee shall at all times maintain in good working order and operate as efficiently as possible all facilities or systems of control installed or used to achieve compliance with the terms and conditions of this 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. e. Necessary in -plant control tests shall be conducted at a frequency adequate to ensure continuous efficient operation of the treatment facility. 1 7. Removed Substances The Permittee shall dispose of solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters in such manner as to prevent any pollutant from such materials from entering waters of the state. In disposing of such materials, the Permittee shall comply with gill applicable water, air, solid waste and hazardous waste statutes and regulations. When requested, the Permittee shall submit a plan for such disposal for approval by the Commissioner. 8. System Reliability The Permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes at all times. The Permittee is responsible for insuring system reliability by means of alternate power sources, back -up systems, storage of inadequately treated effluent, or other appropriate methods of maintaining system reliability. 1 1 PART II Page 21 of 24 Permit No: MN 0061662 1 ' 9. Construction This permit only authorizes the construction of works to attain compliance with the limitations and conditions of this permit, after plans and specifications for treatment facilities have been submitted to and approved in writing by the Commissioner prior to the start of any construction. ' 10. Need to Halt or Reduce not a Defense It shall not be a defense for the Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. • 1 1 1 1 1 1 1 1 1 1 1 1 PART II • Page 22 of 24 IF Permit No: MN 0061662 I[ B. RESPONSIBILITIES 1. Transfer of Ownership or Control 1 No permit may be assigned or transferred by the holder without the approval of the MPCA. In the event of any changes in control or ownership of the facilities, a Request for Permit Transfer, signed by both parties shall be sent to the MPCA (Attn: Industrial Section, Water Quality Division). Any succeeding owner or controller also shall comply with the terms and conditions of this permit. 2. Permit Modification ' After notice and opportunity for a bearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Minn. Rules pts. 7001.0170 and 7001.0180. 3. Toxic Pollutants ' Notwithstanding PART II, B.2, above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307 (a) of the Act or Minn. Stat. chs. 115 and 116 as amended, for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitations for .such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and in accordance with applicable laws and regulations. 4. Right of Entry The Permittee shall, pursuant to Section 308 of the Act and Minn. Stat. §. 115.04, allow the Commissioner of the MPCA, the Regional Administrator, and their authorized representatives upon presentation of credentials: a. To enter upon the Permittee's premises where a disposal system or other point source or portion thereof is located for the purpose of obtaining information, examination of records, conducting surveys or investigations; b. To bring such equipment upon the Permittee's premises as is necessary to conduct such surveys and investigations; 11. PART II Page 23 of 24 Permit No: MN 0061662 • 11 c. To examine and copy any books, papers, records, or memoranda Y + P P + + da pertaining to the installation, maintenance, or operation of the discharge, including but not limited to, monitoring data of the disposal system or point source or records required to be kept under the terms and conditions of this permit; d. To inspect any monitoring equipment or monitoring procedures required in this permit; and e. To sample and tonitor any substances or parameters at any location. ' 5. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for non - compliance with the terms and conditions provided herein. 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311 of the Act and Minn. Stat. chs. 115 and 116 as amended. ' 7. Liability Exemption This permit authorizes the permittee to perform the activities described herein under the conditions set forth. In issuing this permit, the state /agency assumes no responsibility for any damage to persons, property or the environment caused by the activities of the permittee in ' the conduct of its actions, including those activities authorized, directed or undertaken pursuant to this permit. To the extent the state /agency may have any liability for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claim Act, Minn. Stat. § 3.736. • 8. Minnesota Laws ' Nothing in this permit shall be construed to preclude the institution of any legal or administrative proceedings or relieve the Permittee from any responsibilities, liabilities, or penalties for violation of effluent and water quality limitations not included in this permit. 9. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. 1 PART II Page 24 of 24 Permit No: MN 0061662 • 10. Severability 1 The provisions of this permit are severable, and if provisions of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 11. NPDES /SDS Rules 1 The Permittee shall. comply with the provisions of Minn. Rules pts. 7001.0150, subp. 3 and 7001.1090, subp. 1. 12. Other Statutes, Rules and Ordinances The MPCA's issuance of a permit does not release the Permittee from any liability, penalty or duty imposed by Minnesota or federal statutes or local ordinances, except the obligation to obtain the permit. 1 13. More Stringent Rules The MPCA's issuance of a permit does not prevent the future adoption by 1 the MPCA of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards or orders against the Permittee. 1 14. MPCA Obligation The MPCA's issuance of a permit does not obligate the MPCA to enforce 1 local laws, rules or plans beyond that authorized by Minnesota statutes. 1 1 • 1 1 1 1 1 i • Metropolitan Council 1 AA Advocating regional economic, societal and environmental issues and solutions 1 October 14, 1993 Paul Krauss ' City of Chanhassen 690 Coulter Drive P.O. Box 147 1 Chanhassen, MN 55317 RE: Moon Valley Aggregate NPDES 1 - Dear Mr. Krauss: 1 I am sending you a draft copy of the comments the Council will be sending to the MPCA regarding the NPDES permit for Moon Valley. I wanted to let you know how we were going to ' comment. Hopefully our comments will be of help to you in your review of the permit. If you have any further questions, feel free to call me at 291 -6323. 1 Sincerely, Judy Sventek Environmental Planner 1 1 1 RECEIVED OCT 1 51993 ' CITY OF CHANHASSEN 1 - • Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 -1634 612 291 -6359 Fax 291 -6550 TDD 291-0904 I la Recycled Paper An Equal Opportunity Employer -DRAFT-- October 11, 1993 1 Industrial Section 1 Water Quality Division Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Mn. 55155 -4194 RE: NPDES Permit No. MN 0061662 Applicant: Moon Valley Aggregate, Inc. Metropolitan Council Referral File No. 15895 -1 1 Thank you for sending us the public notice on the draft NPDES referenced above. We have administratively reviewed the permit renewal application and offer the following comments. In January 1990, the Minnesota Pollution Control Agency and EPA developed a goal to reduce nonpoint source pollution in the Minnesota River by 40 percent by July 1996. Recently, the Council adopted a nonpoint source pollution interim strategy which took effect on September 30, 1992. The strategy calls for use of National Urban Runoff Program (NURP) criteria in designing stormwater ponds and Best Management Practices (BMPs) in dealing with nonpoint source pollution. 1 Stormwater is discharged to Rice Lake from the site at outfall 010. Rice Lake discharges to the Minnesota River at times. Stormwater discharge from the site is in violation of turbidity 1 standards. Turbidity and total suspended solids (TSS) are a major problem in the Minnesota River. To obtain the best overall view of exact amounts of TSS discharged to Rice Lake, the Council recommends that the permit require monitoring which focuses more on a composited 111 event -based sample rather than a instantaneous grab sample. Because of the turbidity violations in the past, the Council also recommends that a stormwater management plan be required for the site. The Interim Strategy focuses on the required application of Best Management Practices and the use of NURP criteria as keys to controlling nonpoint source pollution. Sincerely, 1 Dottie Rietow 1 Chair cc: Julius C. Smith, Metropolitan Council District No. 4 1 1 t• CAMPBELL, KNUTSON, SCOTT & FUCHS, P ee PLC`_A Attorneys at Law il Thomas J. Campbell (612) 452 -5000 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott I Gary G. Fuchs James R. Walston October 12, 1993 Elliott B. Knetsch Michael A. Broback I Renae D. Steiner e Mr. Lawrence A. Moloney I Doherty, Rumble & Butler, P.A. CSI 2. 1 °93 3500 Fifth Street Towers 150 South Fifth Street CITY OF L; ri,.nr II Minneapolis, MN 55402 -4235 Re: City of Chanhassen • I vs. Frank Beddor, Jr., et al. Court File No. C9 -93 -1111 Frank Beddor, Jr., et al. vs. City of Chanhassen, et al. I Court File No. C5 -93 -1185 Our File No. 12668/310 II Dear Mr. Moloney: Enclosed herewith and served upon you by mail are the following documents in connection with the above - entitled II matters: 1. Defendants' Answer to Plaintiffs' Amended Complaint II ( #C5- 93- 1185); and 2. Defendants' Informational Statement. II Best regards, I CAMPBELL, KNUTSON, SCOTT & FU HS, P.A. 1 By: Th as M. Scott I TMS:rlt nclosure i I cc: Mr. Don Ashworth (w /enclosures) Mr. Paul Krauss (w /enclosures) II 8231 1 Suite 317 • Eagandale Office Center • 1380 Corporate Centex' Curve • Eagan, MN 55121 1 • CAMPBELL KNUTSON, SCOTT & FUCHS, P.A. L, KNU SO , Attorneys at Law Thomas). Campbell (612) 452.5000 Roger N. Knutson Fax (612) 452 -5550 Thomas M. Scott Gary G Fuchs James R. Walston Elliott B. Knetsch October 12, 1993 Michael A. Broback Renae D. Steiner District Court Administrator , Carver County Courthouse 600 East Fourth Street Chaska, MN 55318 Re: City of Chanhassen vs. Frank Beddor, Jr., et al. Court File No. C9 -93 -1111 Frank Beddor, Jr., et al. vs. City of Chanhassen, et al. Court File No. C5 -93 -1185 Our File No. 12668/310 Dear Court Administrator: 1 Enclosed for filing are the following: 1. Defendants' Answer to Plaintiffs' Amended Complaint 1 (C5 -93- 1185); 2. Defendants' Informational Statement; and ' 3. Affidavit of Service by Mail. 1 Very truly yours, CAMPBELL, KNUTSON, SCOTT • 1 & FUC S, P.A. By: , Thomas M. Scott TMS :rlt ' Enclosures cc: Mr. Don Ashworth Mr. Paul Krauss Mr. Lawrence A. Moloney 8229 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 I1 • STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil 11 Court File No. C5 -93 -1185 ' Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, - ' Plaintiffs, DEFENDANTS' ANSWER vs. TO PLAINTIFFS' 1 AMENDED COMPLAINT City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. 1 Defendants above - named, for their Answer to Plaintiffs' Amended Complaint, state as follows: •1 1. Deny each and every statement, allegation, matter, or thing contained in Plaintiffs' Amended Complaint except as hereinafter specifically admitted. ' 2. Admit the allegations in Paragraphs 3, 4 and 8 of the Amended Complaint. 3. As to the allegations in Paragraphs 1 and 6 of the Amended Complaint, admit that the City intends to condemn II i property owned by Plaintiff Frank Beddor, Jr. and his wife for the extension of Nez Perce Drive. The other allegations are ' specifically denied. 1 4. As to the allegations in Paragraph 5 of the Amended Complaint, deny that the City of Chanhassen is a home rule charter city. 1 1 5. As to the allegations in Paragraph 10 of the Amended Complaint, admit that City staff recommended approval of the Tower Heights Addition plat subject to various conditions and 1 that the Planning Commission held a public hearing on the plat on July 21, 1993. The other allegations are specifically denied. 1 6. Admit the allegations in Paragraph 11 of the Amended Complaint except that the hearing date has been changed. 7. As to the allegations in Paragraph 12 of the Amended 1 Complaint, admit that on or about July 21, 1993, a Petition was filed with Environmental Quality Board requesting an 1 Environmental Assessment Worksheet for the proposed project, which Petition was signed by not less than twenty -five 1 individuals. The other allegations in Paragraph 12 are 1 specifically denied. 8. As to the allegations in Paragraph 13 of the Amended 1 Complaint, admit that on August 18, 1993, the Planning Commission for the City of Chanhassen met and discussed the proposed 1 project. The other allegations in Paragraph 13 are specifically denied. 9. As to the allegations in Paragraphs 14 and 15 of the 1 Amended Complaint, admit that on August 30, 1993, the Chanhassen City Council adopted a Findings of Fact and Decision determining 1 that an EAW was not needed and would not be prepared. The other allegations in Paragraphs 14 and 15 are specifically denied. 1 10. Admits the allegations in Paragraph 16 of the Amended Complaint. 2 1 -1 1 I . 11. As to the allegations in Paragraph 22 of the Amended Complaint, admit that Plaintiff Beddor has presented materials to ' the City Council relating to purported alternatives to the road extension. The other allegations are specifically denied. 12. Specifically deny the allegations in Paragraphs 17, 18, 11 19, 20, 21, 23, 24, 26, 27, 29, 31 and 32. AFFIRMATIVE DEFENSES 13. The Amended Complaint fails to state a claim upon which ' relief can be granted. 14 Plaintiffs are not proper parties. The action must be ' brought in the name of the State of Minnesota. 15. Plaintiff Frank Beddor lacks standing to bring this action because he is not a person residing within the State of Minnesota as required by Minn. Stat. § 116B.03. ' 16. The action has not been properly commenced in ' accordance with Minn. Stat. § 116B.03, Subd. 2. 17. There is no feasible and prudent alternative to the ' proposed road extension and the project is consistent with and reasonably required for the promotion of the public health. ' 18. Defendants are exempt from any claim under the Minnesota Environmental Rights Act, Minn. Stat. § 1168.02, et sect., because the road will be constructed on property which will ' be owned by the City and the removal of trees for the road cannot reasonably be expected to pollute, impair or destroy other natural resources located within the State. 3 1 BAD FAITH LITIGATION 1 19. Defendants are entitled to an award of their costs, disbursements, reasonable attorneys' fees and witness fees 1 against Plaintiffs and their attorney pursuant to Minn. Stat. § 549.21 because Plaintiffs have acted in bad faith, asserted a claim that is frivolous and costly to Defendants and are taking 1 an unfounded position solely to delay the ordinary course of proceedings. 1 WHEREFORE, Defendants request judgment dismissing Plaintiffs' Amended Complaint with prejudice and awarding to 1 Defendants their attorneys' fees, costs and disbursements. 1 Dated: October 12, 1993. CAMPBELL, KNUTSON, SCOTT 1 & FU HS, P.A. ,// I t. By: Thomas M. Scott, #98498 Attorneys for Defendants 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452 -5000 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, 1 disbursements and reasonable attorneys and witness fees may be awarded pursuant to Minn. Stat. § 49.21, Subd. 2, to t e party against whom the allegations in th s leading are asse ed. Thomas M. Scott, #98498 1 1 4 1 1 II STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT City of Chanhassen, a Minnesota municipal corporation, - Plaintiff, ' vs. Civil No. C9 -93 -1111 Frank Beddor, Jr. and Marilyn A. Beddor, husband and wife, John Doe and Mary Roe, and County of Carver, ' Defendants. INFORMATIONAL STATEMENT FORM 111.02 ' Frank Beddor, Jr., Todd Novaczyk and Sherry Novaczyk, and Robert L. Post and Sandra J. Post, 1 Plaintiffs, ' vs. Civil No. C5 -93 -1185 City of Chanhassen, its Mayor Don Chmiel and City Council Members, Defendants. 1 1. All parties have been served with process. 2. All parties have not joined in the filing of this form. 1 3. Brief description of the case: Plaintiffs Beddor, et al. claim that Chanhassen's decision to build a 800 -foot street ' extension violates the Minnesota Environmental Rights Act. (Minn. Stat. § 1168.01, et seq.). Plaintiffs Beddor, et al. also claim that Chanhassen's decision not to perform an Environmental Assessment Worksheet (EAW) is arbitrary and capricious. Plaintiffs Beddor, et al. seek injunctive relief. The City's condemnation action (File No. C9 -93- 1111) to acquire the necessary land to build the road has 9241 1 1 i been consolidated with Plaintiffs Beddor, et al.'s lawsuit 1 challenging the project (File No. C5 -93- 1185). 4. It is estimated that the discovery specified below can be completed within two months from the date of this form. (Check all that apply, and supply estimates where indicated.) a. Interrogatories No Yes b. Document Requests No Yes X , estimated no.: 10 c. Factual Depositions No X Yes , estimated no.: , d. Medical Evaluations No X Yes , estimated no.: e. Experts Subject to Discovery No X Yes , estimated no.: 5. Assignment as an X expedited standard complex case is requested. (If not standard case assignment, include brief statement setting forth the reasons for the request.) Street construction cannot proceed until this matter is resolved. This long - planned road connection is necessary for local traffic and safety reasons. Also, the City has approved a new subdivision contingent upon the construction 11 of this section of roadway. 6. The dates and deadlines specified below are suggested. a. 11/12/93 - Deadline for joining additional parties, whether by amendment or third party practice. b. 12/10/93 - Deadline for bringing non - dispositive 1 motions. c. 12/10/93 - Deadline for bringing dispositive motions. 1 d. N/A - Deadline for submitting to the Court. (specify issue) 1 e. N/A - Deadline for completing independent physical examination pursuant to Minn. R. Civ. P. 35. - f. N/A Date for formal discovery conference pursuant to Minn. R. Civ. P. 26.06. g. 01/05/94 - Date for Pre -trial Conference pursuant to 1 Minn. R. Civ. P. 16. h. N/A - Date for scheduling conference. 1 i. 01/05/94 - Date for submission of a Joint Statement of the Case pursuant to Minn. Gen. R. Prac. 112. 1 9241 2 1 II • j. 01/10/94 - Trial date. k. 01/05/94 - Deadline for filing (proposed instructions), (verdicts), (findings of fact), (witness list), (exhibit list). ' 1. - Deadline for 7. Estimated trial time: two to three days. 8. A jury trial is: No entitlement to jury trial. X Waived by consent of Defendants pursuant to Minn. R. Civ. P. 38.02 Requested by (specify party) (NOTE: Applicable fee must be enclosed.) 1 9. Alternative dispute resolution is not recommended.) 10. Please list any additional information which might be helpful 111 to the Court when scheduling this matter. 1 Dated: October 12, 1993. 11 CAMPBFLL, KNUTSON, SCOTT & CHS . . By: • Thomas M. Scott, #98498 Attorneys for Defendants: City of Chanhassen, 1 its Mayor Don Chmiel and City Council Members 317 Eagandale Office Center 1380 Corporate Center Curve 1 Eagan, MN 55121 Telephone: (612) 452 -5000 1 11 9241 3 ., 4� . 1 1993 ''` pp Oach -/ti CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION 1 Poor Fair Good Excellent Comments Quality of Material 11 I 1 1 1 I 1 Length of Visit 1 1 I ( I Handout Material I , I I I I 1 Organized I 1 I 1 I 1 .11 1 Feedback from Students 1 I I I I I L.M.C1 1 Feedback from Teachers I I I I ( I i Quality of Firefighters 1 I I I I I & Fire Education Teachers Ideas or changes you would like seen offered 'or taught: 1 1 1 Other Comments: 1 6(C)/11Q14 )0 ra rail\ Lie/ 1 ! vi - 1A ( 1 I . ,J 1 _ Batftwar4tiakad4*, Plea contact for Name - School (optional) further Fire Education II II ' 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments II Quality of Material ` ` I I EX] II Length of Visit j I I ` 1 Eg] 1 Handout Material ` I I 1 I 11 i Organized ( l I ( I 1::gti Feedback from Students ' , l j l i 1 [ XI Feedback from Teachers / `. ( ( I EX1] Quality of Firefighters Fire Education I I ( ( _____' II Teachers 1 Ideas or changes you would like seen offered or taught: 1 1 1 Other � Comments: ■1 G • � li 1p. (h fr 1 4 , 1 1 Pleape contact for Name - School (optional) further Fire Education 1 1 II 1993 CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION I 1 Poor Fair Good Excellent Comments II Quality of Material ( 1 1 Length of Visit 1 I I I I j.1 1 I Handout Material 1 J 1 1 1 I I>< I 1 Organized ' 1 1 ( 1 I 1 Feedback from Students 1 I 1 ( ( 1 II Feedback from Teachers 1 1 I I 1 Ig Quality of Firefighters Fire Education 1 I I I I I Teachers I & Ideas or changes you would like seen offered : or taught: II 1 1 Other Comments: 14' y: . 1 Please contact for Name - School (optional) further Fire Education 1 1 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments II Quality of Material + I I I 1 P3;I# 1 Length of Visit I 1 I 1 1 1;: II Handout Material 1 [ 1 05_6 Organized I I I 1 1 1 1710 i II Feedback from Students I I ( ( 1 . 1: # "/ Feedback from Teachers 1 1 l ( 1 II / Quality of Firefighters P 4. : L"-I ` \ & Fire Education 1 1 1 1 1 I Teachers 7 II Ideas or changes you would like seen offered or taught: 1 , I 1 I ' -. j ii0i ' \ `1 . ; "f rr i ( ( 1 1.1 i v 1 Other Comments: 1 1 1 Cif . r C�1( ►G Please contact for Name - School (optional) I I further Fire Education 1 II 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION ,I II Poor Fair Good Excellent Comments II Quality of Material I I I I I 1 Length of Visit I I I i 1 I CP ' Handout Material ( I , I 1 r X i 1 Organized I I ( I I 112.1 1 Feedback from Students ( I I I I 1 I 1 --p k/ /`,`— / Feedback from Teachers I I Quality of Firefighters I , 1 I ( I I & Fire Educatio ________________I Teachers / Ideas or changes you would like seen offered or taught: 1 :_) , .--- 1 j ; i / C I (. i , 7) 0 ji itc 1 11 LkA I // (//77(\.*LN II ____) Other Comments: 1 II II a Eten' Please contact for d' Name - School (optional) further Fire Education 11 II 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments 11 Quality of Material i , [ i I ( i VI 1 Length of Visit i i i I I i Elei Handout Material 11 ' i I i I I 1 Organized I ' ( I i i I_I Feedback from Students ( I ( i ( i i 11 1 Feedback from Teachers i i i i I / II Quality of Firefighters & Fire Education i ( ( i i oef II Teachers II Ideas or changes you would like seen offered 'or taught: II II I Other Comments: " v'oee u ex- cc. / /c. * and maker fu. - 7 1 c. a"- a c f- f' I iM /� `me, s,ude�s /"ea. // eh o G /,'4 /c , rc Ac sc. ` ) 7� `/ ■ `/ 1 c81-.A a Pt& 7 "' C' # Please contact for Name - School (optional) further Fire Education I II 9 Mee, 3 . II 1993 1 CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION t. 1 Poor Fair Good Excellent Comments Quality of Material t ' ( ( 1 ' II Length of Visit I , ` I I 1 Pn II Handout Material 1 1 1 1 Organized I i 1 1 1 1 Feedback from Students ( ' ( ( I IZ:n ________A Feedback from Teachers ( I ` , E=2( 1 Quality of Firefighters I , f 1 I I ` & Fire Education Teachers Ideas or changes you would like seen offered or taught: II II II Other Comments: 1 II II ( 1 L -L--7j Plea contact for • E! Name - School (optional) further Fire Education II II 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments 1 Quality of Material I I I ( ( 1 140 II Length of Visit I ( I I I I 1:34.1 II Handout Material I J 1 1 I I cici i Organized I 1 I I 1 I EX:I Feedback from Students II 1 I I I 1 I 4:I Feedback from Teachers ( I I I I I II : Qualit of Firefighters If Y g I I I i I I [4:1 & Fire Education II Teachers II Ideas or changes you would like seen offered ered 'or taught: ` 1 1 • 1 Other Comments: L i, - -, 3 ,,, ,c,/,......,:„ Le.„..x, y.e.A...., ,.. 1 1 1 ' � j `5 "' Please contact for ame - School (optional) further Fire Education 1 I 1 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION I II Poor Fair Good Excellent Comments II Quality of Material I I I I 1 I EXEI Length of Visit 1 I I ( I ( Er --IF Handout Material 1 I I 1 I I 1 1 Organized ( I I i ( 1 :70 _ 1,kuk Iwo- 0 Feedback from Students I I I I I I Cpl — T6 1009 4 c Feedback from Teachers I I I 1 I 1 Quality of Firefighters 1 I I 1 1 i & Fire Education Teachers Ideas or changes you would like seen offered 'or taught: II U t , ) tr'e l I e_4Ul t ' n «r Ui3I f - a... dov4 ,,.-e___ -I-kof vi. i'llee,4 ‘-' 0 r ,QAO,J13e , -ro r 1 si 3 0 j_ 1 Other Comments: 1 1 1 C_-ALfzAa s S est) Please contact for El Name - School (optional) further Fire Education 11 II II 1993 11 CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments II Quality of Material { { ( { { I 5:1 II Length of Visit { ( { { { { ES:;1 II Handout Material ( 1 { { 1 1 1 Organized ( { { ( 1 1 aG 1 Feedback from Students ( ( { ( { { 1:.:6] II Feedback from Teachers { { { ( ( ( [3":1 II Quality of Firefighters & Fire Education { ( ( { { { II Teachers II Ideas or changes you would like seen offered or taught: P 1,e/A- -, Ate - y7 j „4 ai-eil di. iii ,._/ ? 7/zer-/ 1 / i. _ ,.L • � . / , _. _ / q % ../ L, . i1 _� / .. _- i 1 1 c>/ / , • . _ ,./L.! ■ / , // v 40/41 -4 A. • _ J./1 // - . s , 4/41_ . _ o t ,]' ' c o l sb� I / i!� %� G� a :i . i � 1 1 II _ Please contact for Name School (optional) further Fire Education 1 II 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II II Poor Fair Good Excellent Comments Quality of Material { { i { 1 V 1 II Length of Visit { ( { ( 1 { { { V { Handout Material { { { { { ` { Y I 1 Organized { { { { ( , { ✓{ 1 Feedback from Students 1 { { { ( { ( J 1 Feedback from Teachers { { { ( ( ( { ` ' i Quality of Firefighters & Fire Education { I ( ( { { ( V Teachers Ideas or changes you would like seen offered 'or taught: 1 1 II Other Comments: 1 . _. , � / "✓ J/: � _. /ti.,: .. k, _ 7' t.QI ! ., ( L . 1 i , _. . ...1„ r e• L 1 V 1 Please contact for d Name - School (optional) further Fire Education k4 1 il 1 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION II Poor Fair Good Excellent Comments II Quality of Material I I I l ( ( i 1 i 1 Length of Visit f l I ( I Handout Material 1 ' I ( l i ( `') Organized l I Feedback from Students I I I 1 Feedback from Teachers , I ( l ' y 1 Quality of Firefighters Az Fire Education ( I I 1 II Teachers II Ideas or changes you would like seen offered 'or taught: 1 1 II Other Comments: ! V - e 4PLOCi 1 1 1 0Akw A•— Please contact for Name School (optional) further Fire Education II 1 1993 11 CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION 1 II Poor Fair Good Excellent Comments Quality of Material I I I r ( , X , II Length of Visit I . ( ( ` I X I 1 Handout Material I I I , I I I X , II Organized I I I I I I I x j II Feedback from Students I I I , ( I . . Feedback from Teachers I I I 1 I I X I Quality of Firefighters 1 I I ( I I ( v I & Fire Education Teachers II Ideas or changes you would like seen offered or taught: II II II Other Comments: 1 i l gpt _ 1 1 le,,t4 k Dde 96pt Please contact for > c! I Name - School (options ) further Fire Education II II 1 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION 1 Poor Fair Good Excellent Comments Quality of Material ' , 1 1 r 1 , t) C't p Qri -4 "Yv \ Lairvl4 s l 11 I Length of Visit I I ( I Yo Handout Material ' I 1 1 , 1 Organized I ' ( ( 1 I .17b a �ancbt-- sAC:4 L II Vd.6 AJ p n e e n -4u - ttiyvy. S.L. 1AZ Feedback from Students I I ( l I 1 Feedback from Teachers 1 I 1 1 Quality of Firefighters Fire Education , ( 1 I?j!.., \Lat-41,4Al2)-S II Teachers II Ideas or changes you would like seen offered or taught: 1 1 Other Comments: 1 1 ' ? (? c . J y AID ) 4-t1 - 0 _ .6 ,to I V] k ,11-- . . t j J 4AJ4 1 c -`- c )- (x . 4 in tth p,o4— ci fr ■& J \ Al 1 II - �rn- ,►1()V( _ 54. H ttIp'i4 Please contact for Name School (optional) L.. 4 1 further Fire Education - 1 1 1993 1 CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION 1 II Poor Fair Good Excellent Comments Quality of Material. 1 I 1 ( 1 ( r` 1 II 1 Length of Visit I 1 ' I 1 1 1 1 Handout Material 1 1 1 1 1 1 [t=] II Organized 1 -- ,/' ; ! L Feedback from Students 1 1 1 1 ( 1 4:1 II Feedback from Teachers 1 1 1 1 1 1 II Quality of Firefighters 1 , 1 ( 1 1 1 & Fire Education Teachers II Ideas or changes you would like seen offered or taught: II II II Other Comments: - 1 /1/7M , A t l'.04 t Z 4 / ..(. '4 CL - i. .1'.e, — ,, �, -4 ff ,,/,' ,- , )1 ,„ , / (-) 61 ee.. -( ' 7 1 ii,eriViiti.:-&-le/ v:' 1 A 'I��- 1,' A/ l t' L VL-1 Please l 5- � -) Plea i 1 s contact for Name - School (optOna1) further Fire Education II II It 1993 II CHANHASSEN FIRE EDUCATION - CRITERIA EVALUATION_ II Poor Fair Good Excellent Comments II Quality of Material , I I I Iiz II Length of Visit I ( ( =±I 1 Handout Material 1 J 1 I 1 I 1=t1 II Organized I 1 1 I 1 J 1 II Feedback from Students r 1 1 I I I Feedback from Teachers I I ( ( 1 1 1 1 Quality of Firefighters �, I I I I I j ry r,p;ik.j & Fire Education t.,4 1 S 4 r Teachers ti li Ideas or changes you would like seen offered or taught.: pe�r� ? II 1 U Other Comments: 1 ap......._ ( k-i›a A-- vegaj . i i14...i ntr-rs 4, 7,2,0 4- c Af\- - .-) - 1 " V•CONkl0 tA ! I I 1 , - I rv (' 1 0 1/1)J9- 5 4 ` q Please contact for Name - School (optional) further Fire Education II 11 CITYOF 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM 1 TO: Mayor 1 City Council Don Ashworth, City Manager ' FROM: Scott Harr, Public Safety Director DATE: October 27, 1993 SUBJ: Gambling Ordinance This memo is to respond to the Council's request that the gambling ordinance from the 1 Chanhassen City Code be returned to the Public Safety Commission for review. I advised the Public Safety Commission at their October 14, 1993, meeting that the Council specifically asked them to review the requirements organizations must meet in order to obtain a permit. I further explained that there was discussion at the Council level that perhaps stronger efforts should be made to limit permits to organizations with primary membership and ties to the City. This item was discussed by the Public Safety Commission. 'Councilwoman Dockendorf was also present to begin the discussion by stating her views on gambling. While Councilwoman Dockendorf did need to leave before the conclusion of the discussion, Mayor Chmiel was present throughout the discussion. 1 After considerable discussion, the consensus of the Public Safety Commission was that they felt the ordinance should stand as it presently exists. The reasoning included the fact that a 1 significant portion of the gambling proceeds (50 %, with 10% of that amount specifically coming back to the municipality) must be spent in the City of Chanhassen itself. Further discussion included the fact that even though an organization may not be solely a i 'Chanhassen' organization, it may well serve residents of Chanhassen. A motion was made, seconded and unaminously passed to endorse the ordinance as it stands. 1 1 CITYOF I . • ttliii . CHANHASSEN 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 October 25, 1993 A S ` t t ! a ./. _ ee ac - A/, 1 A e.. Awe ., 1 Mr. John M. Broeker G p„/ /4. �(• w o .,, t 174 � 71' ktS Vice President/General Counsel / Nordic Track 7 k e re - i... 6.,. s c-.� �y - s �' 11 Peavey Road, E390 ,�J $ 4414- a �. ,( � �� It 41 :24.- 41 :24.— o 0 0 Chaska, MN 55318 // ' i't ■ T" ~ ,, ' G i ide /990. 1 Re: Petrofund Reimbursement for Leak No. 1873 Old City Garage/Nordic Track File No. PW -245C t. Dear Mr. Broeker: The Petrofund Board has recently approved and reimbursed the City of Chanhassen for the cleanup associated with Leak No. 1873 (Old City Garage/Nordic Track site). = Enclosed please find a check in the amount of 58,451.18 for I reimbursement of Nordic Track's cost associated with this leak remediation. The City will now be closing its files on this project. On behalf of the City, I would like to thank Nordic Track for their cooperation and assistance in cleanup of this site. 1 Sincerely, !` CITY OF CHANHAS 1 I Charles D. Folch, P.E. • Director of Public Works/City Engineer CDF:ktm . Attachment: Check No. 48714 r . I c: Jean Meuwissen, Treasurer Tom Chaffee, Data Processing Coordinator, Don Ashworth, City Manager I Mr. Paul Melchert, Melchert, Hubert, Sjodin dt Willemssen City Council Administrative Packet (11/8/93) • 1 1 1 IM i c oMrTh ur l.fluIVrfAaatlY CHANHASSEN, MN 048711 75- 1458/919 TENS INSTRUMENT WHEN SIGNED BY THE IXTY '4 i I.% 'TREASURER TO THE ORDER OF THE SHALL BECOME YEE NAMED FOR THE PAYABLE NT STAT 690 COULTER DRIVE • P 0 BOX 147 VOID AFTER YO DAYS FR°MADATE OFCHECK CHANHASSEN, MINNESOTA 55317 AMOU - DATE * $8,451.18 10 -25 -93 1 Eight Thousand Four Hundred Fifty -one and 18/100ths PAY TO °RDER°F Nordic Track 11 Peavey Road E390 1 Chaska, MN 55318 410f-a! • • N'048? i1.�' I :09191458 ?�: 09 010 L. TREE RoR MANAGER CITY OF CHANHASSEN REMITTANCE ADVICE PLEASE DETACH BEFORE CASHIN3 690 COULTER DR -, CHANHASSEN, MN 55317 400 -3903 $8,451.18 • • 1 1 1 1 1 0 •:_.`; 3333OJJJJJ_.JJJJJ•• 1 C •t C 3333 3 3 3 10 3 J3 JJ'3J3 JI•• C.0 3•C� CGODZJCJJ• JJJJJJJ.JJ•• C C • JJ 3 3 333 J3.J JJ J I D 1 O C. : ;1• ^ ,33 3330J.JJJJJ..)•O C C4 C►•II 1. "J :JJJJJ•JD.JJJ_)J• o�. ,_ _... - -. -J.J J J • • • 1 1 Project Arboretum Boulevard.rm IC Project No. 652323.90300 Date October 13, 1993 �i, By Deborah Porter p e Pia K - Nom^ 1 Meeting Report 1 Meeting Location Meeting Date October 7, 1993 1 Participants Ron Erickson, MnDOT Evan Green, MnDOT I Jim McCarthy, FHWA Paul Krauss, City of Chanhassen Bill Crawford, Barton-Aschman l Deborah Porter, Barton - Aschma !(/�" r 1 Summary I A meeting was held on October 7, 1993 to discuss the current status of the environmental review and funding possibilities of the Arboretum Boulevard project and the related TH5 reconstruction project. I Currently, the TH5 project is planned for funding and construction in 1998, however, it is possible that this date may be postponed to a later date depending upon competition for 1 funding among all Metro Division projects. • MnDOT has received approval from the Capital Improvements Committee to combine the 1 TH5 and Arboretum Boulevard projects into a joint project and to support both roadways for funding in 1998. Arboretum Boulevard is seen as being very beneficial to the construction I and future operation of TH5 by offering controlled access, detour routes during construction, etc. I However, the city anticipates significant development (school, office, parks, residential and commercial uses) both north and south of the TH5 corridor during the next few years. Subsequently, it is anticipated that at least a portion, if not all, of the Arboretum Blvd. I roadway will be needed much sooner than 1998. Therefore, alternative funding scenarios were discussed which would allow the City of I Chanhassen to pay for and construct Arboretum Boulevard as needed over the next few years, with the understanding that MnDOT (and FHWA) would reimburse the City at a later date, when funding becomes available. This type of "advanced funding" option is provided for by I state law and has been used by other cities in the metro area to build roadways prior to state and federal funds being available for the project. 1 Barton - Aschman Associates, Inc. 111 Third Ave South • Minneapolis, MN 55401 • (612) 332 -0421 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. Project Ar boretum Boulevard Page 2 • Meeting Report cont'd Another funding possibility that was mentioned was for the City to submit for STP funds from the Met Council. But again, the Arboretum Boulevard project would be competing for limited money against all other projects in the area. After the meeting on October 7th, Ron Erickson discussed with Jim Povich (MnDOT) the potential funding scenarios for the Arboretum Boulevard project. Jim Povich's opinion was that the likelihood of advanced funding on a project that is planned for 1998 letting is not good. Currently, MnDOT projects (and the TIP list) are programmed (i.e. funding specified) for three years out. All other projects are in the "development phase" (3 -5 years out) or "planning phase" (more than five years out). If TH5 was currently on the TIP list and in the three year programming schedule, then there 1 would be a better chance of advanced funding. However, the project would still have to compete with all other projects being reviewed by the Area Transportation Partnership (ATP), which is responsible for prioritizing transportation projects. The ATP consists of a committee of cities, counties, MnDOT and Met Council. Its mission is to allocate funding based upon comprehensive planning considerations for the region as a whole. All 1 of this seems to indicate that the City will be on their own to finance the Arboretum Boulevard project if they want the roadway constructed prior to 1998. And, if "advanced funding" of 1998 projects can only be secured three years prior to the letting date, it would be 1995 before the commitment of advanced funding could be made, assuming that the TH5 Arboretum Boulevard project is indeed programmed and on the TIP list as of 1995. This date could shift to a later date if the project is not considered a priority project for 1998. So, it 1 appears that it is somewhat debatable that the City can count on advanced funding by 1995. • It is anticipated that a follow -up meeting should be held within the next couple of weeks to 1 discuss the most realistic funding strategy for Arboretum Boulevard and to determine the best plan for the remainder of the environmental review process. Debbie Porter will contact Paul Krauss to arrange this meeting. 1 1 1 Barton - Aschman Associates, Inc. 111 Third Ave South • Minneapolis, MN 55401 • (612) 332 -0421 BA will proceed in reliance on this report. Any discrepancies should be brought to our attention in writing within (7) days. 1 VED 1 -AO b 0A14 RECEI I 'UGC A NEWSLETTER FOR THE STAFF OF SCHOOL DISTRICT 112 or,T 2 51993 .,,`1?ti #Ao G?1 ;c' �. /.� �f CITY of ch Hrvni SEIN 'ail": ,School Board Meeting - October 14,1993 1 Board Hono' CC The Board presented a "You Make a Difference Award" to Vi Schauer, Volunteer, Vi Scharrer an Elder Mentor at the Early Childhood Center. She vohinteers three to four days a week, helping to run stations, sharing her art skills, ving I hugs and smiles to kindergartners. She was nominated for the TV "11 Who Care" Volunteer Recognition Program. I I CHS Math Teachers CHS math teachers Dave Orlowsky, Dan Pelowski and Todd Vollstedt Describe Math Video were on hand to show a sample offa series of math videos they have created for students and the community. The series includes lessons on Project Funded by District algebra, geometry, and algebra II and is designed to serve as a review I 112 Foundation o concepts. The videos will be available for community use through local libraries. The project was made possible by a grant from • the District 112 Foundation. - oard Approves Schematic Architects from HGA presented schematic designs for the new Designs for New elementary school to be located on Highway 5 and Galpin Road in Chanhassen, and the new high school, to be located east of Highway Elementary School and ew High School 41 on Pioneer Trail in Chaska. The designs were based on the work of 8 staff /citizen committee which created the program for each building. The buildings were drawn to support the program at each school. The City of Chanhassen plans to attach a gy ium and several meeting I rooms to the new elementary school. (Schematic designs are basic designs showing general building shape and design features, placement of the building on the site and P lacement of programs within a building. More detailed drawing after the schematic I designs are approved.) The Board unanimously approved the g� I District 112 Joins Lake The Board voted to accept an invitation to join the Lake Conference in Conference September, 1994. District 112 was asked to leave the Missota Conference at the end of the 1993 -94 school year. The move will benefit District 112 by allowing students to participate with students of 1 similar sized schools, reducing transportation costs, and reducing travel time. 1 Board Approves Combined The Board approved on second reading a policy which combines Policy Prohibiting Any previously approved policies prohibiting sexual, racial and religious Form of Harassment harassment and violence in District 112 schools. The contract for snow removal this winter went to Monnens Brothers Contract for Snow Removal Excavating. Their contract covers all facilities except East Union. East 1 Awarded Union win be served by Olson Construction. 1 Atemot • _ Mut (Auk 4 yett9mttivi • I -ce Aee • _ . --4 tiaveattiudiZOkii • II. antAWAtitt ferihnit' Ap-Atroimaa,"' ij r " d 111112v4 1 Anite oakum' : te dik. 0." maimed ilia OIL 4 0.1101 WI/WV .14 me Mit tudku I /61k44- and - $ pet h headicuele- .4,votlett vi= oiatttage el/ AO laetlint fizak 4,441401- *4 /WIWI, 02/9-a, Alt • Mittitt IX/ - _ . ' Aro citreueadWitete 1 1111 1 CITY OF i i CHANHASSEN 1 A 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 1 November 1, 1993 1 Mr. Axel Ridell MnDOT ROW Section 1 1500 County Road B2 Roseville, MN 55173 1 Dear Mr. Ridell: As you are aware there is a remnant portion of LW located on the south side of Hwy. 5, west I of Dell Road and north of the DataSery property:: ; The parcel was formerly occupied by two homes that were removed to facilitate expansion of road a few years ago. 1 " I am writing you to state that the City of Chanhassen m ay have an interest in acquiring the parcel to facilitate orderly development and allow the construction of anticipated public improvements. I would appreciate your looking into this matter and providing us with details as to how and 1 under what conditions this transaction may occur so that I can share this information with my City Council and HRA. � 1 Sincerely, t4 I t Cam' �o Paul Krauss, AICP Director of Planning pc. HRA Cou ncil . _ .. _ w . ....,-_ - -; t . t - Todd Gerhardt, Assistant City Manager Bill Ritter, Welsh Companies ,' 1 1 1 1 1 CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 November 2, 1993 Mr. Clifford Whitehill 111 7001 Dakota Avenue Chanhassen, MN 55317 1 Dear Mr. Whitehill: I have tried to critique my personal actions as (council member during discussions pertaining to the Colonial Grove Beachlot issue. In regards to the specific issue of the affidavit I questioned, in retrospect, I am concerned that my choice or use of words, although unintentional, 1 did not aid in maintaining a positive atmosphere during council discussions on this matter. In an effort to be fair to Mr. McCary and yourself, I have made an attempt to clarify the and apologize to both of you for the confusion. It should be clear by now that Elwood Y Y McCary was the individual I spoke with from your association.' I have enclosed an excerpt from the October 25, 1993, Council minutes wherein I stated a 3, City public apology. Sincerely, Y :. R. Wing "-- Councilman RW /' Enclosure 1 1 1 1 1 City Council Meeting - October 25, 1993 Councilman Wing: Mr. Mayor and fellow members of Council. I'd like to just take a moment to clarify a comment I made during the Colonial Grove beachlot discussions of this past summer. During these discussions I suggested that one of the affidavits probably would not hold up in court and I believe I used the word, or words, duress and /or pressure in describing the signing of this affidavit. Since then Mr. Whitehill and this mystery neighbor if you will, to not editorialize, have discussed this matter. And in contacting the neighbor and the affidavit in question, he has asked that I clarify the record accordingly. My use of the word duress or pressure did not refer, nor was it intended to refer to the way in which the affidavit was extracted but rather the affidavit signer felt under personal pressure or duress to sign it more as a friend, a neighbor, or to be helpful to the neighborhood. I have been corrected by the Colonial Grove resident who has asked that I correct the record and merely state that the affidavit was signed in error, to use his word. In error by him and he was not under any duress or pressure at any time. He has advised Mr. Whitehill as such. During the beachlot discussions, if my use of any specific word or words in any way offended Mr. Whitehill, I would take this time to apologize. Thank you. 1 Mayor Chmiel: Thank you Richard. • 1 1 1 1 1 1 1 1 1 2 • 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law 1� Thomas J. Campbell (612) 452 -5000 Roger N Knutson Fax (612) 452 -5550 I Thomas M. Scott Gary G. Fuchs W c4%, James R. Walston October 29, 1993 Elliott B. Knetsch Eli_aheth A. Lun.er O f _ / Andrea McDowell Poehler 11 Mr. William Glaeser 133 First Street West Waconia, Minnesota 55387 Re: City of Chanhassen vs. Guy Peterson, Apple Valley Red -E -Mix, et al. Court File No. 91 -28228 Dear Bill: 1 Enclosed for your information is a photocopy of the Appellate Court's Order in the above - entitled matter. Would you please reschedule the Commissioners' hearing. If you have any questions regarding the above, please give me a call. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: /5/ Gary G. Fuchs GGF:cjh Enclosure / cc: Mr. Don Ashworth 11 RECEIVED r NOV 011993 ■ CITY OF CHANHASSEN ■ 1 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 OFFICE OF APPELLATE COURTS STATE OF MINNESOTA OCT 2 7 1993 IN COURT OF APPEALS r i L' D 1 1 City of Chanhassen, Respondent, ORDER • vs. ' Apple Valley Red - E-Mix, Inc., #C5 -93 -2021 ' Petitioner. Considered and decided by Anderson, Chief J. Peterson, J. and Harten, J. ' BASED UPON THE FILE, RECORD AND PROCEEDINGS HEREIN, AND FOR THE FOLLOWING REASONS: Petitioner seeks discretionary review of an order filed on September 13, 1993. The order ' precludes evidence on petitioner's claim for damages for loss of a going concern. In condemnation proceedings, appeals of right are limited to the initial order finding that a public purpose exists and the fmal judgment, after damages have been determined. An order disallowing going concern ' evidence is not appealable as a matter of right, although it is "reviewable on appeal from the final 1 judgment." Park & Recreation Bd. v. Carl Bolander & Sons Property, 436 N.W.2d 481, 483 (Minn. App. 1989). Petitioner alleges that reversal after entry of a final judgment will require additional proceedings on the issue of damages. That argument is equally applicable to other orders limiting evidence during the valuation phase of condemnation proceedings, and petitioner has not established any particular injury. The propriety of permitting loss of going concern evidence in a particular 1 1 1 case is necessarily dependent upon the nature of the specific business involved. In this case, the district court also cited the ongoing relationship between these parties as a basis for denying the claim. Petitioner has not identified a legal issue of broad application affecting other municipalities and landowners which would merit the extension of discretionary review. 1 IT IS HEREBY ORDERED: T he petition for discretionary review i 1. pe honary revie is denied. 2. This order shall not be construed as an expression of opinion regarding the propriety 1 of the September 13, 1993 order, and shall not preclude the petitioner from raising the evidentiary ruling, if necessary, on appeal from the final judgment. Dated: October 26, 1993 1 BY THE COURT /it/ I hief Judge CLL:mbs 1 1 1 1 1 CIAED +-a3 X -2- �►' e� Pact- oa DIVISION OF EMERGENCY MANAGEMENT * j I B5•STATE CAPITOL _ (612) 296-2233 ,/ TOO: (612) 297 -2100 i I 1 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY October 20, 1993 SAINT PAUL 55155 'i - 3 4 4 v f 1 Mr. Scott Harr, Director / Chanhassen Public Safety 690 Coulter Drive i 1 Chanhassen, MN 55317 • Dear Mr. Harr: On June 11, 1993, as a result of severe thunderstorms which spawned tornadoes and flash flooding in portions of southern, northwestern, and central Minnesota, the I President, in response to the Governor's request, declared 56 counties as a major disaster area. In accordance with this declaration, and in response to your I request for disaster assistance, the following documents are attached: 1 1. One copy of an approved Disaster Application for Federal Public Assistance for Sub - grantees. Federal Share: $2,471 ' State Share: 137 Local Share: 138 ' II Administrative Costs: 82 2,8 Total Approved Amount: 2,828 Also attached, is an extra copy of page 1 and 8 of the application. 1 After you have reviewed the attached application form, please sign page 1 and 8 of the extra form and return it in the self addressed stamped envelope. II An advance of $2,553, which represents the federal share of your eligible disaster costs and the administrative costs, will be processed within 30 II days after the receipt in this office of the signed project application. The state share will be disbursed when all the work has been completed. 2. Project Application Summary Form II The Project Application Summary form is a summary of all Damage Survey Reports (DSRs). 1 3. Project Listing Form 1 The Project Listing Form is a breakdown of all approved DSRs indicating the approved amount, % of work completed at the time of the initial inspection, and description of work to be done as indicated on the DSR. 1 _ II AN EQUAL OPPORTUNITY EMPLOYER 11 Page Two • 1 In addition, it asks the subgrantee to provide the date the work was 1 actually completed on all open DSRs and the actual dollar amount expended to complete the work. 4. Damage Survey Report Form r The Damage Survey Report (DSR) identifies the site, describes the scope of work, and indicates the eligible cost to complete the work depicted on the DSR. NOTE: Please review the description, scope of work, and cost of the , project works portions of the DSR form. If you have any questions or find a discrepancy on a DSR, you should contact Sharon Kelly, Public Assistance Officer, at 612 296 -0458. 1 According to the DSR, all work on your project was 100% complete at the time of the initial inspection. For this reason, after you have had an opportunity to review the DSR, and if you find it accurate, please complete, sign, and return the Project Listing Form. Sincerely, 11 James D. Franklin State Coordinating Officer JDF:SK Attachments 1 1 1 1 1 1 i R .., .,..„ , f CITYOF r „_. CHANHASSEN ,,,-.., 'rd; -_, ,...,.._„?...t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' � ' (612) 937 -1900 • FAX (612) 937 -5739 October 25, 1993 • I Chanhassen Elementary School 7600 Laredo Drive Chanhassen, MN 55317 1 Attn: Helen Merchant, Principal 1 Dear Ms. Merchant, As Halloween approaches, the Chanhassen Public Safety Department would like to help in I reminding your students to have a safe Halloween by giving them all a "Safe and Happy Halloween” trick or treat bag. These bags provide safety tips such as "Go only to houses that you know" and "Let parents inspect all treats ". 1 ,:: . I have included enough bags for all of your students, jut if ou happen to run out, please feel Y PP P free to give me a call at 937 -1900, ext. 127. 1 1 i. Sincerely, ‘. I Beth Koenig .... 1 Chanhassen Public Safety Department .,.,,, .. ,_ , , , ,T , - - :;,.. - , m7 r.-- I cc: Scott Harr, Public Safety Director - .. r. i; F Oy ote40 1 1 1 1 • . 1 4 North ill Memorial Medical • Center 1 1 October 20, 1993 1 H t I Scott Harr, Director Chanhassen Public Safety 690 Coulter Drive 1 Chanhassen, MN 55317 Dear Scott: 1 Enclosed is a copy of the letter which went to the person you nominated for a 1993 Minnesota Public Safety Service Award. As you can see, the designated category for this particular recipient is listed. 1 On behalf of the committee and myself, our sincere appreciation on your recommendation of this program. I look forward to talking to you at the dinner on the 18th. 1 Should you have any questions pertaining to the selection process or the evening of November 18, 1993, please feel free to contact me at 520 -5026. Sincerely, 1 A ' all k k 60-.) c - v -icpp,9 0 1 1 ti Douglas E. Hoppenrath, Chairman Tenth Annual Minnesota Public Safety Service Awards , DH /csj Enclosure 1 RE: Dale Gregory Jim Theis I Richard Wing Mike Kerber John Murphy Greg Hayes 1 Don Gray Brian Smith Mark Littfm 1 Tom Kelly Jeff Slater Scott Anding 111 3300 Oakdale Avenue North • Robbinsdale, Minnesota 55422 -2900 • 612/520 -5200 1 I North Memorial Medical 1 C Center," October 13, 1993 1 Dale Gregory 7091 Redman Lane Chanhassen, MN 55317 Dear Dale: it is with great pleasure that 1 request the honor of -your presence at the 1993 Minnesota Public Safety Service Awards dinner. Your name was submitted Public Safety Director, Scott Harr, as a 'al recipient by �Y potenti for a P f Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens 1 of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you for the Minnesota Public Safety Service Unit Citation Award of ' Honor. This year's awards dinner will be held at the Holiday Inn Minneapolis West on November 18, 1993. ' You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people thatyou will be bringing with you as your guests. We asic thatyou fist their names on the RSVP card_ ' I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. ' I look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. Sincerely, Dougla o penrath, Chairman Tenth ual Minnesota Public Services Awards Committee DEH:bv ' 3300 Oakdale Avenue North • Rcbbinsdaie. Minnesota 53422 -2900 • 612/52C -52C0 North 1 Memorial Medical Center October 13, 1993 1 • Jan Theis 1 6400 Chanhassen Road Chanhassen, MN 55317 1 Dear Jim: 1 It is with great pleasure that I request the honor of-your presence at the 1993 Minnesota Public Safety Service Awards dinner. 1 • Your name was submitted by Public Safety Director, Scut Harr, as a potential recipient for a Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty, in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens I of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you forthe Minnesota Public Safety' Service Unit Citation Award of Honor. This year's awards dinner will be held at the Holidaylnn Minneapolis West on November I 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of 1 people that you will be bringing with you as your guests_ We ask that you list their names on the • RSVP card_ I would appreciate a phone call from you at your earliest convenience to , � may have pertaining to the dinner, as well establish the correct spelling of issues Y address, in order that we can prepare certificates for signature by the Minnesota Commissioner of g your name and III Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone 1 number is (612)520 -5026. Sincerely, 1 Dougla oppenrath, Chairman Tenth nuai Minnesota Public Services Awards Committee 1 DEH:bv 3300 Oakdale Avenue North • Robbinscaie. "Minnesota 55422 -2900 • 61 2/520 -52CC 1 North Memorial Medical ' C Center October 13, 1993 • 1 Richard Wing 3481 Shore Drive Chanhassen, MN 55317 ' Dear Dick It is with great pleasure that I request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient Y P� for a P� Minnesota Public Safety Service Award. Upon review of the documentation submitted to the ' committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, clearly a potential hazard to yourself, are a credit to you, and the citizens 1 of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you for the Minnesota Public Safety Service Unit Ci tation Award of ' Honor. This year's awards dinner will be held at the Holiday Inn Minneapolis Weston November 18, 1993. ' You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people that you will be bringing with you as your guests. We ask that you list their names on the RSVP card. 1 I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. ' Sincerely, A- 1 Dougia Hoppenrath, Chairman Tenth nual Minnesota Public Services Awards Committee . DEH:bv 3300 Oakdale Avenue Nort • Rcbbinsdaie, Minr.esoza 55422 -2900 • 612/520 North I Memorial Medical 1 C Center October 13, 1993 1 Greg Hayes I re9 es Y 6881 Redwing Lane Chanhassen, MN 55317 Dear Greg: - 1 It is with great pleasure that 1 request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. 1 Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient for a Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public.Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens 1 of Chanhassen and the Chanhassen Fire Department. . C We therefore wish to cite you for the Minnesota Public Safety Service Unit Citation Award of Honor. This year's awards dinner will be held at the Holiday-'Inn Minneapolis West on November 1 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of 1 people that you will be bringing with you as your guests. We ask that you fist their names on the RSVP card. 1 I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and I - - address, in order that we can prepare certificates for signature by the Minnesota Corr aioner of Public Safety. • 1 look forward to your call and meeting you at the dinner on November 18. My office phone 1 number is (612)520 -5026. Sincerely, 1 Do - ' • ppenrath, Chairman Tenth • n al Minnesota Public Services Awards Committee 1 ` DEH:bv 3300 Oakcaie Avenue Ncrtn • RobbInsdaie. Minnesota 554122 -:900 • 512152C -:200 7. I North Memorial Medical 1 ( Center - October 13, 1993 Mike Kerber 500 Chanview Chanhassen, MN 55317 Dear Mike: I It is with great pleasure that I request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. ' Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient Y Po for a Pi Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens f. 1 of Chanhassen and the Chanhassen Fire a impartment ( We therefore wish to cite you for the Minnesota Public Safety Service Unit Citation Award of ' Honor. This year's awards dinner will be held at the Holiday Inn Minneapolis West on November 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people that you will be bringing with you as your guests. We ask that you list their names on the RSVP card. ' I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. Sincerely, • Dougia oppenrath, Chairman Tenth A nual Minnesota Public Services Awards Committee DEH:bv 3300 Oakdale Avenue Mort~ • Rocb:nsaaie. ; Annesota 55422 -2900 • 612/520 -5200 - Il 1 North . 1 Memorial Medical C . Center October 13, 1993 1 • • John Murphy 1 502 Highland Drive Chanhassen, MN 55317 1 Dear John: 1 It is with great pleasure that I request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. 1 Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient for a Minnesota Public Safety Service Award. Upon review of the documentation submitted to the II committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication . to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens of Chanhassen and the Chanhassen Fire Department. ( We therefore wish to cite you for the Minnesota Public Safety Service Unit Citation Award of Honor. This year's awards dinner will be held at the Holday"Inn Minneapolis West on November I 18, 1993. You will shortly receive an invitation and RSVP card in the marl Please indicate the number of 1 people that you will be bringing with you as your guests. We ask. that you Est their names on the RSVP card. I would appreciate a phone call from you at your earliest convenience to clarify any issues you I may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone I number is (612)520 -5026. Sincerely, 1 Dou is� nrath, Chairman 1 Tenth Ariouil Minnesota Public Services Awards Committee DEH:bv 1 3300 Oakcaie .:venue North • Roobinscaie. Minnesota 55422 -2900 • 612/520 -5200 I I IV North Memorial Medical 1 ( Center ' October 13, 1993 Don Gray PO Box 105 Chanhassen, MN 55317 Dear Don: ' It is with great pleasure that I request the honor of Yourpresence at the 1993 Minnesota Public Safety Service Awards dinner. Your name was submitted by Pubic Safety Director, Scott Harr, as a Po tential recipient for a Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you and your coieauges for the Minnesota Public Safety Service Unit ' Citation Award of Merit This year's awards dinner wil be held at the Holiday Inn Minneapolis West on November 18, 1993. ' You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people that you will be bringing with you as your guests. We ask that you list their names on the RSVP card. ' I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and ' address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. Sincere! Douglas E oppenrath, Chairman Tenth n al Minnesota Public Services Awards Committee DEH:bv 3300 Cakcale Avenue North • RcDblhsdale, Minnesota 53422-2900 • 512/520 -5200 _ .. .... .. --------- - --------• -- . -1 . . North 1 1 Memorial Medical I r Center October 13, 1993 1 Brian Smith 1 7487 Saratoga Circle Chanhassen, MN 55317 1 Dear Brian: 1 It is with great pleasure that I request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. 1 Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient for a - Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, clearly a potential hazard to yourself, are a credit to you, and the citizens I of Chanhassen and the Chanhassen Fire Department. ( We therefore wish to cite you and your colleauges for the Minnesota Public Safety Service Unit Citation Award of Merit This year's awards dinner will be held at the Holiday Inn West on November 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of I people that you will be bringing with you as your guests. We ask that you list their names on the _ RSVP card. I would appreciate a phone call from you at your earliest convenience to clarify any issues you I may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Cow of 1 Public Safety. I look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. Sincerely, 1 Douglas oppenrath, Chairman Tenth al Minnesota Public Services Awards Committee 1 - DEH:bv 3300 Oakcaie Avenue North • Robbinsdaie.',tinneso;a 55 , 122 -2900 • 6 i2152O -5Z 0 I North Memorial • Medical 1 < Center October 13, 1993 ' Mark Littfin 805 Erie Spur Chanhassen, MN 55317 Dear Mark ' It is with great leasure that t request the honor of presence at the 1993 Minnesota P � your p Public Safety Service Awards dinner. Your name was submitted by Public Safety Director, Scott Harr, as a otentia! for a • P recipient Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens 1 of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you and your colleauges for the Minnesota Public Safety Service Unit ' Citation Award of Merit This year's awards dinner will be held at the Holiday Inn Minneapolis West on November 18, 1993. ' You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people that you will be bringing with you as your guests. We ask that you list their names on the RSVP card. ' I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and ' address, in order that we can prepare certificates for signature by the Minnesota Commissioner of Public Safety. 1 look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. ' Sincerely Dougl E. Hoppenrath, Chairman Tenth nual Minnesota Public Services Awards Committee - DEH:bv 3300 Oakdale Avenue North • Roocrosdaie, Minnesota 55422-2900 • 512/520 -5200 1 North • 1 Memorial Medical . r Center® 1 October 13, 1993 1 Tom Kelly 1 7491 Saratoga Drive Chanhassen, MN 55317 I Dear Tom: pleasure that I request the honor of your presence at the 1993 Minnesota i It is with great P � Y P Public Safety Service Awards dinner. Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient for a I Minnesota Public Safety Service Award: Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearty a potential hazard to yourself, are a credit to you, and the citizens of Chanhassen and the Chanhassen Fire Departrnent ' We therefore wish to cite you and your colleauges for the Minnesota Public Safety Service Unit Citation Award of Merit This year's awards dinner will be held at the Holiday Inn Minneapolis . I West on November 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of I people that you will be bringing with you as your guests. We ask that you Est their names on the RSVP card. I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of I Public Safety. 1 look forward to your call and meeting you at the dinner on November 18. My office phone I number is (612)520 -5026. Sincere' 1 D ug ps- Ioppenrath, Chairman I Tentti*nnual Minnesota Public Services Awards Committee DEH:bv 1 3300 Cakcaie Avenue North • Roboinsdaie, Minnesota 55422 -2900 • 512/520-5200 1 North Memorial Medical .. Center October 13, 1993 John Slater • 1030 Pontiac Lane Chanhassen, MN 55317 • Dear John: it is with great pleasure that I request the honor of your presence at the 1993 Minnesota Public Safety Service Awards dinner. Your name was submitted by Public Safety Director, Scott Harr, as a potential recipient for a - Minnesota Public Safety Service Award. Upon review of the documentation submitted to the committee, we unanimously agree that your actions on June 22, 1993, are indeed deserving of a Minnesota Public Safety Service Award. Your actions during the floods of June, and dedication to duty in this situation, dearly a potential hazard to yourself, are a credit to you, and the citizens - of Chanhassen and the Chanhassen Fire Department We therefore wish to cite you and your colleauges for the Minnesota Public Safety Service Unit Citation Award of Merit This year's awards dinner will be held at the Holiday Inn Minneapolis West on November 18, 1993. You will shortly receive an invitation and RSVP card in the mail. Please indicate the number of people that you will be bringing with you as your guests. We ask that you list their names on the RSVP card. I would appreciate a phone call from you at your earliest convenience to clarify any issues you may have pertaining to the dinner, as well as to establish the correct spelling of your name and address, in order that we can prepare certificates for signature by the Minnesota Commissioner of ' Public Safety. 1 look forward to your call and meeting you at the dinner on November 18. My office phone number is (612)520 -5026. Sincerely, Do gl penrath, Chairman Tenth r j u at Minnesota Public Services Awards Committee DEH:bv 3300 Oakdale . -venue Norm • Roob,nscaie. Minnesota 55122 -2900 • 5;2/520-5200 r • 4 CITYOF 1W tir, CHANHASSEN ,- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 October 18, 1993 Mr. and Mrs. George Dorsey 1551 Lyman Boulevard Chanhassen, MN 55317 • Dear Mr. and Mrs. Dorsey: I have recently been informed by Steve Just at the Carver County Assessor's Office that the Agricultural Preserves designation on your parcel is coming up for periodic review. As you may recall, the designation offers some benefits relative to protecting your property from development pressures but it comes at the penalty of restricting your potential right to develop your property for at least an eight year period. t At this time, your land is located outside of the MUSA line which is generally centered on Lyman Boulevard. The City has no immediate plans to extend the line in your area, however, you do reside in what our Comprehensive Plan has designated as a 1995 Study Area. This designation implies that the potential future uses in this area and the potential of bringing it into the MUSA line should be reviewed in this time frame. Given Chanhassen's rapid growth, I can only state that I expect the review to occur in a timely fashion and that there is likely to be growing pressure to add MUSA designated land well before the end of the decade. It is also likely that Lyman Boulevard will need to be upgraded well before that time. ) As I understand the law, the Ag Preserves designation can be withdrawn at the request of the property owner or the City. I believe there is a good potential that your area may come into the MUSA system in the foreseeable .- future. If this was to occur, the city would no doubt be asked to extend sewer and water services which are normally assessed. Of course, this cannot occur on Ag Preserves designated land. My purpose in writing is to update you on this matter and gain an understanding of your long -term goals. Based upon the likelihood of a MUSA line extension, I feel obligated to bring this matter before the City Council for discussion. Please call me at City Hall when you can so we can discuss this further. „ w -- Sincerely, , LL., a' Paul Krauss, AICP Director of Planning c: Charles Folch, City Engineer City Council Steve Just, Carver County Assessor's Office Roger Knutson, City Attorney