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. - fti.. , _ . ,•.. , „ _ ...m, ,-,10 - ,ADMINISTRATIVE SECTION L. .. ' , , . - .,. . _ . . , Letter to Conrad Fiskness dated.August 5, 1991.. , .. - , • , , . .. 1 : 1 1 - „--:„ aVer , MWCC, dated .-. , Letter from Charles We, .,., .july 29, 1991. i ,. . _. . . ,:( - . - - . t 4..; Memo from ?ii ,, :Steve Kixchman dated July 31,- 1991, . , . . . , _ ,.._ . _ „ : _ „ -. ,, ,,. _ • , . 0 ..„,•.,„. -•, •Tf '' Lett et " -Leer''from Todd 'Hoffman t14:te.84 July 30, 1991. c c„, ...!,----,,,•-,, •,,,„_ - _ ":. -::::•-', , *' , ki f-rb Business deted,J uly 29,.--.1991.' _ f - . Letter from aS0-9 .iiarr det ecV---4u.1y 11, -, - - - '- , -..4 , 3 , - , ...: . , -,- ---, -, -,,,. L _ , -...:4 - ,.,__ . ,,, )-- _ =Is atk,- Letter fro in --7 , ,,4 - yi -, , lit'bo 'i n i' a ' ld LaWrialiOe,,4ot..ed July 8,- , ,I bi.*• . 441..,--P . ` . ,..:, ... ,. . 7:*-11''';'-‘":: - . -:' article . Oti Southieest Metros.' NeW_S,-- - on , -. --,--.-,:: _14 t,,..,-_,, ''''''''''' - - Le-ter to Mr. • : X- J D„.0 .0. On -dated ,Tia ly 22, 1991. -:.•,-.-, _ , ' --- - .:(,,- . ' :::___,--_-.:.,g: • i ' ,T- - , „„ - - , OOdte ' /kir" i' ' . In Charles PI may 24, 1991. „ ----emo•-• -ro- ' - - - - -- ... --, -.4-1 ,,,,, ;-, -- P-7-!! -_ ,:.- - -,' . • _ . ,,, s .. ,' 7 , •„ ,. .- •, ..: . ,ito. :to ,Mr,'' - 741 ,4ftiF' - 4 'Eft 4.1 234 " 93. -,---4 •!:- -.. T. =_-,_ •,,,,,,,,„ .--., - -1 ,,, .. , , , 4-,i.,!.-„..-.4..„,, T ,.-„ ; - .. ..:, .,4 -.--. - • -- • y.,-.- .„ •. , 7,0 Gary-- jgq s , eted Ju5, 199 s .., 4 . ';-,-f .a 11 -.. -.• - ,. -- 9 7 4. '1,0-Vrf.rV't--,s..P-W;, i itit oh dated- s juy , 1 --_91, = . P;m 1 -_,-,,',..:'-t-•,,:-,... --, .• --' ' -'.',:, , , . , . --ifr,-.:• _ -, .., _ _„. _ _ Real"Fe dated June 2'41 .. .-_-_,,,,,..-, --,:- , , _::-..- , .•• , - , i,•- -- „- - . Ay ,e.-T, . - - = - : , _-',,, ,,, ,4,,-.'; -- _, Af,..:‘, ' _ 1•0111. *..:k.•.4 . ii4V,,,,,,' ' _ , ,, = ' ; i ' -"- - 7 77 Wiii ' ,` ' fr _ . ., , ,,,,, ,_ ..._ - _ , ■ty .. , ;•, • • . , i ....47 ritit• , , _ , J at t p xy% ; DitI. s Jon C. „ W. 11. clated11 arch 25, 1991. , ... Lotter .,- i Nd Poi_ ste r ' dated" iliiI r i I?? x. , ---7 ';.0", •--.': ' -- - `..;,' - - ` -.'., '-,-,-;.. -`,;,-tf . %.,: • . , - ) tattet :opd Wing d4ted-‘Julr- •) _ ....,:- ...... ---,-- -- ha Ir- ,i " - 4,-.,,- . „,,, - 1, s , , „. ; :. ,',::: l q': - - 74-1V,:- . -. - „,:- _ y , ' ,,; '' - i S t ikx.r- dated ' AUgUst_ ;1.Y - 1991. -,;„,-;.-,- .,•:, - ..- , • , ..#41', --. , -- , v - ';- 4 ;.':' - -,- ' ! ..,,- „: -:„.y.„ .; , ri .7 13 -,:: a '.. - Hun t - ' , 47.141.y,=-29, 1991. '--.:,...0,.,:•' , '-':',!'''::•:,„:..';'- ',,,' ,, =1;,;4_, ,'3,;;-...:.: , , 1991 ated ' 1 . -..' W l'7' ' ii br':'1 :d; July 30i : , . ,.,.-----x° :-.4 . • i - 7 -,-- - k% '. -- ?' ,i. . --,,, '• t., -st,.. . - - -----,-..---. ...-tli, --v.... A-zit- .".; ,, - s ole h Che "'Ali '' iettfue 0 -'f Voters, dated July 16 , -, - i - :;• - ;"'''.. - / - 4:-. " =' .. , t -----,.------, -,•-:,-',.-:---:•,-._-_' ' . . _ ,,-% .. --, ,..„. _ ,, ,•• . 11. ., ,- -:,.:1 ,,,,... ' -C rj,..•= ..14"?? 4 : ii..../.4- 1 -; "i47.:, • ■ . :ie - r'Y'"' `=P A.-: - .4 . .ta . ... - , , , .. , ,:- _ ' = Q . . - -.. ' , :;. --- •?.: , .mi,, , , ...,z ;i : - , . - IP. - 4 . - : - : , .„ . 7- 4 5 ' :-.:, ji . ;..,A, - ." - ' , fFe,,V; ,=.,- ,. • , ,. - ,. t ,:, .. - • ., , -, : • ',M:g4:: . ':,-ji•,.:.:!: ' , ' . ''.(,. ,.,'--- - , `':,.: , .' - fAk.' . - ,:Y.A , -•: , !J ,,,•---:-.:-.= ''- ',:k. r --- - .f. --- ;.-=:, - , v,07„„ i'--= : : , 'IV.,.: - ; ' ,41 'si: --i ,r - - . • .„. - ., -,- .-- , q, , - , '-'1 - -,` '-,: wit_ . ',,,_ •,..: - -;,:.,-.- =-:„, , , . , . . CITY of • ,, -- 11 \ i t \ ,,- cHANHAssEN I ,� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �7 (612) 937 -1900 • FAX (612) 937 -5739 1 August 5, 1991 I Mr. Conrad Fiskness, Chairman - Riley Purgatory Bluff Creek Watershed District Barr Engineering /Mr. Bob Obermeyer I Suite 100 7803 Glenroy Road Minneapolis, MN 55435 . 1 Dear Mr. Fiskness: 1 recently received a copy of your June 10, 1991, letter to the Mayor and City Council concerning the Bluff I Creek Corridor Study and Management Plan (copy attached). As you are aware, the tour of Bluff Creek of which you spoke was organized by the Chanhassen Planning Department in the interest of promoting the creation of a program to protect this valuable and sensitive resource. We were gratified to see your interest I and participation in our tour and your continued interest as related to us by your letter. On behalf of the City of Chanhassen, I wish to state that we would look forward to working with the Watershed District on protective measures for the Bluff Creek Corridor. I believe that this is an extremely timely work program for the Watershed District to undertake in cooperation with the City, both since it is needed and also since we I are currently in the process of initiating a five year program to protect the City's water resources. I have already called Bob Obermeyer to discuss this matter with him over the phone and would look forward to working with you and your staff in developing a giant program in this area. 1 Please convey our support of this proposal to your Board and I will do the same to my City Council as well as to the Task Force that will be established to work on the Chanhassen Surface Water Management Plan. I _ . ..: "w__ :. inc rely, " Krauss, AICP I Director of Planning g ; s PK:v pc: /City Council Planning Commission Charles Folch, City Engineer I 1 Pol 41, PRINTED ON RECYCLED PAPER 1 L. f Riley- Purgatory -Bluff Creek Watershed District � L Engineering Advisor: Barr Engineering Co. IF 4 _ 7803 Glenroy Road `� Minneapolis, MN 55435 ^„) 830 -0555 ` Legal Advisor: Popham, Haik, Schnobrich & Kaufman �` 3300 Piper Jaffrey Tower Minneapolis, MN 55402 I 333 -4800 • gt— iS 4 1 Yea•. Md /41 II June 10, 1991 y A ,s wa.aK. 1 S II Mayor Chmiel and Council II City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 II Re: Bluff Creek Riley Corridor Study & Management Plan Oure File No. 3826 -001 Dear Mayor Chmiel and Council: II As an outgrowth of the field trip attended by the Members of I the City Council and area residents, the Managers of the Riley- Purgatory Creek by resolution support prompt action to develop a management plan to guide the expected urban development ' of the Bluff Creek Watershed and to insure the protection of the natural areas and the identification of the upstream water storage sites to protect the creek valley from adverse impacts of urbanization. II The District's revised 509 Plan pending before the Minnesota Board of Water and Soil Resources includes basic water management II projects that would be the subject of the study and plan. Delays in securing State Board approval of the revision to the District's water management plan should not delay the priority attention which 11 the Managers believe must be given to the Bluff Creek Watershed. A management plan to be jointly administered by the City and Watershed District is considered a priority item and the Managers are requesting that the City Council give consideration to funding II on a 50 -50 basis, a plan that can be used to guide development. RZCELVED 1 JUN 13 1991 CITY OF CHANHASSEN' R Mayor and Council June 10, 1991 Page 2 If the City Council of Chanhassen is amenable to this suggestion, please contact our attorney, Raymond A. Haik, so that a 1 cooperative agreement can be prepared for funding of the study. Very truly yours, Conrad Fiskness 1 Chairman CF /ch cc: Board of Managers Ron Harnack, State Water Resources Board ' Barr Engineering .Raymond Haik Eric Roth • Perry Dean 1 134ZRAH /93 1 1 1 1 • 1 1 1 1 1 1 A. Metropolitan Waste Control Commission R Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 July 29, 1991 ,• 612 222 - 8423 , r Don Chmiel 1Mayor City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mayor Chmiel: ' The purpose of this letter is to provide you with information regarding the 1992 sewer service charges on the enclosed statement. The annual sewer service charges are based on the estimated volume of Chanhassen's sewer flow relative to the estimated flow from all sewered communities using the Metropolitan Disposal System. When 1992 is completed and actual flow for 1992 is known, these estimated sewer service charges are adjusted accordingly. They are also adjusted for any deviations in the Commission's revenue or expenditure budgets. The statement shows the estimated wastewater flow from your community and its sewer service charges based on the MWCC's 1992 budget. The 1992 estimate of your community's flow is based on past flow records, precipitation trends and anticipated community growth. The statement also shows any credits or 11 debits from these sources: Current Value Credit, Debt Payment Credit, and the 1990 Final Cost Allocation. I am forwarding a copy of these and a 1990 Comprehensive Annual Financial Report to your finance officer. If you have any questions, please let me know. If you would like additional copies of any of these documents or the MWCC's 1992 budget, please contact Lois Spear at 229 -2017. Very truly � yours, /� Charles R. Weaver Acting Chair CRW:CJW:pap Enclosures cc: Jean Meuwissen, Clerk Treasurer, City of Chanhassen Commissioner Gloria Vierling Gordon 0. Voss, Chief Administ. for Lois I. Spear, Controller 1 1 Equal Opportunity /Affirmative Action Employer CITY OF cHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 _ti (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Chmiel, Mayor City Council Don Ashworth, City Manager THROUGH: Scott Harr, Public Safety Director FROM: Steve A. Kirchman, Building Official k DATE: July 31, 1991 SUBJ: Holding Tank Request at 7011 Galpin Boulevard The purpose of this memorandum is to inform the Mayor and Council of the circumstances and conditions attached to the proposed issuance of a holding tank permit at 7701 Galpin Boulevard. BACKGROUND An application was received for a new dwelling on property that contains no areas suitable for a septic system. The future homeowners sold their home in anticipation of being able to occupy the new dwelling in the fall of 1991. The subject property is now within the MUSA line, but cannot be serviced with city sewer for 12 months at the earliest. City sewer may not be available for even longer depending on the development in that area. The applicant would like to construct the home with a holding tank until such time city sewer is available. ANALYSIS "Individual Sewage Treatment Systems Standards, Chapter 7080 ", as adopted by Chanhassen, permits the use of holding tanks under certain conditions. I have included a copy of 7080.0210 appendix A, subpart 6 which outlines these conditions. The subject property complies with the requirements for a holding tank. Holding tanks are potential problems for the City, the homeowner, and the environment; this is why they are considered the last alternative in the Code for sewage treatment. Staff feels that in this instance a holding tank may be acceptable on a temporary basis under certain conditions. METROPOLITAN WASTE CONTROL COMMISSION STATEMENT OF 1992 SEWER SERVICE CHARGES 5028 CHANHASSEN ESTIMATED COST GALLONAGE FOR M GALLONS AMOUNT CURRENT USE CHARGES: SEWER SERVICE COST 585 1156.55 676,584.42 TOTAL CHARGES 676,584.42 OTHER CREDITS OR CHARGES: CURRENT VALUE CREDIT (1,858.00) DEBT PAYMENT CREDIT 0.00 1990 FINAL COST ALLOCATION 162,488.07 TOTAL CREDITS OR CHARGES 160,630.07 J V/0 000 9 9/ A. r73 0aa 607• 1 Z TOTAL ANNUAL ESTIMATED NET PAYMENT DUE — /92a — 837,214.49 y CZ, -/ C/o Y7• a," .2 yrf — AONTHLY INSTALLMENT 69,767.87 4- Y )ue on the first day of each month. Installments not eceived by the 10th of each month in which due shall be egarded as delinquent and shall bear interest from the irst day of such month at the rate of 6% per annum. Holding Tank July 31, 1991 Page 2 • Some of the problems associated with holding tanks are: - 1. Cost. Up to $100.00 per pump out which must occur at least once a month if the homeowners conserve water very carefully. 2. Pumping. Spring road restrictions make pumping difficult. 3. Alarms. Alarms are a nuisance and are subject to being disconnected, resulting in tank overflows. 4. Tanks. Owner must purchase and then abandon 1000 to 3000 gallon pump tank(s). 5. Recordkeeping. It is important that the city keep accurate records to ensure the.tanks are pumped in a timely manner. Most of these problems will be the burden of •the homeowner, with • hopefully recordkeeping being the only involvement of staff. The future homeowner is knowledgeable of the costs and conditions. The installation of the holding tank should not be detrimental to anyone affected if an agreement is in place to assure knowledge of, and compliance with, conditions of approval. RECOMMENDATIONS I intend to place the following conditions on the holding tank permit. 1. Permit to be temporary for a period not to exceed 12 months. Permit may be reissued if conditions warrant. 2. Pumping tank to be sized and installed per MPCA rules. 3. Pumping tank to be provided with an audible electric alarm to monitor liquid level in addition to a manual float alarm. 4. Homeowner to enter into a contract with licensed pumping contractor for tank pumping and cleaning as required. Pumping receipts must be submitted to the City monthly. 5. Homeowner to assume responsibility for providing pumping receipt after each time tanks are pumped. 6. Homeowner to submit water meter reading monthly. 7. Homeowner must agree to obtain a permit from MPCA for a private connection if no development is imminent or is occurring in the area which would provide a sewer hook -up. This permit should be obtained by a predetermined time. The agreement should be approved by the City Attorney. 8. Homeowner must have tanks abandoned by a licensed septic contractor after hook -up to city sewer. These conditions have been reviewed .1d approved by the Engineering Department, which will have substantial involvement in the future sewer hook -up or MPCA permit. Holding Tank July 31, 1991 Page 3 While holding tanks are not desirable for homeowners or the City, this may be an instance that one could be authorized on a temporary basis. I welcome any input or suggestions you may have. cc: Scott Harr, Public Safety Director Charles Folch, City Engineer authority; (3) there is not discharge to the ground surface or to surface waters; (4) treatment and disposal of wastes is in such a manner so as to protect the public health and general welfare; (5) the systems comply with all applicable requirements of these standards and T with all local codes and ordinances. t Subp. 6. Class IV Alternatives, Holding tanks. Holding tanks: A. Holding tanks may be allowed only as replacements for existing nonconforming systems or on existing parcels or lots as of the date of the enactment of these standards and only where it can condusively be shown that a standard, Class I, Class II, Class III, or mound system cannot be feasibly nstalled. B. A holding tank shall be constructed of the same materials and by the same procedures as those specified for watertight septic tanks. • C. A deanout pipe of at least six inches diameter shall extend to the ground surface and be provided with seals to prevent odor and to exdude insects and vermin. A manhole o; at least 20 inches least dimension shall extend through the cover to a point within 12 inches, but no loser than six inches below finished grade. The manhole cover shall be covered with at least six inches of earth. D. The tank shall be protected against flotation under high water table conditions. This shall be achieved by weight of tank, earth anchors, or shallow bury depths. • E. For a dwelling the size shall be 1,000 gallons, or 400 gallons times the number of bedrooms, whichever is greater. • For permanent structures other than dwellings, the capacity shall be based on measured flow rates or estimated flow rates. The tank capacity shall be at least five times the daily flow rate. F. Holding tanks shall be located: in an area readily accesbible to the pump truck under all weather conditions; as spedfied for septic tanks in table IV, part 7080.0170, subpart 2; where accidental spillage during pumping will not create a nuisance. G. A contract for disposal and treatment of the sewage wastes shall be maintained by the owner with a pumper, municipality, agency, or firm established by the owner with a pumper, municipality, agency, or firm established for that purpose. H. Holding tanks shall be monitored to minimize the chance of accidental sewage overflows. Techniques such as visual observation, warning lights, or bells, or regularly scheduled pumping shall be used. For other establishments, a positive warning system shall be installed which allows 25 percent reserve capacity after actuation. • - r 35 • • t; CITY OF cHANHAssEN • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �T x (612) 937 -1900 • FAX (612) 937 -5739 July 30, 1991 I Mr. Larry Schroers 1020 Carver Beach Road Chanhassen, MN 55317 Dear Mr. Schroers: Thank you for your participation as a member of the City Center Park /Chanhassen Elementary School Playground Advisory Committee. Your involvement over the past five months has proven very valuable in guiding this multi- faceted improvement project. I appreciated your dedication and candor throughout the playground equipment review process. By volunteering for additional duties above those already necdssitated in your required volunteer role, you show sincere dedication in serving your community. I believe the beneficial results of your efforts will prove to be a worthy and • satisfactory investment of your time. Thank you again for your assistance. Sincerely, Todd Hoffman Park and Recreation Coordinator TH:ns pc: Park & Recreation Administrative Packet City Council Administrative Packet ivE%T Ad,., • Sec,. C. <• WHERE T ACTION IS ' iems with soil contamination, continues to be a highly sought -after location for a variety of companies. The state An overv of t ind ustry with the following advice for those hunting and interstate highway systems run almost past the front door of Midway tenants. The district's central location be- commerc real estate activity in the metro area: Head out of the C tween Minneapolis and and industrial users, according to attractive to both office ordin to Michael Strand, director of communications for the St. Paul Port Authority, the By DOMINIC P. PAPATOLA owner of the Westgate park. What the Midway generally doesn't provide, however, is Get two commercial real estate executives into a room these Grove-based TOLD Development Co. "It's • matter of ten- ample space for new development. In that department, days and the conversation almost invariably turns gloomy. ant strength and developer strength and lease term. Those communities in the far southwestern suburbs of Minneapo- And with good reason. The boom days of development in factors tend to remain constant regardless of the name of lis, such as Chaska and Chanhassen, have been drawing the 1980s have given way to the brusque r .cities of the thecommunity." more building activity. 1990s: overbuilding, tight credit, environmental concerns, Still, location has taken on more importance since the and savvy tenants making tougher deals. All in all, it's not days when all it took to start a development was a plot of an ideal time to be in the real estate business. land, a developer and a lender. Growing suburban can- _ qt's not really . a matter of comn'luntty Still, opportunities for new development continue to enunities and urban neighborhoods with good access and a percolate in certain segments of the metropolitan area. kindly attitude toward commercial/industrial develop- anymore. It's a matter of tenant While it's probably not correct to label these areas hot ment am the expanding areas today. pots" for new development, it is fair to say that these com- The communities mentioned below are examples of strength and developers and munities — by virtue of geography, tenacity or luck — are wherethecommercial real estate marketis working. lease __ L Those f tend to remain among doing better than most in surviving the develop- IC(IJC 1 I�t1JC 1171[! went downturn. INDUSTRIAL the name the The real estate deals that are being completed today, un- regardless like the speculative projects of five years ago, reflect the Real estate veterans are calling it the wont overall market - 111y AS =increte needs of users, not some notion of future industry they have ever seen in this area. But the industrial market is I _rowth. Those needs tend to be sensitive to both the timing widely perceived to be in the best shape it's been in for a de- _ __ —Ralph Ralph Desritynsvii a. ftheprojectandthesiteitself. lade. Overall vacancy rates in the industrial sector drift Timing for new real estate projects is especially impor- around 10 percent, according to various industry esti- snt. Depressed real estate prices allow a company to pur- mates. In some locations, the average vacancy rate is 5 per - The primary influence behind these suburbs' success, as =hose an existing building for as little as 30 percent of what cent or less. cording to John Allen, a senior vice president with Bloom - t would cost to build an identical project today. Of course, The industrial sector is also the only segment of the real ington -based CB Commercial Real Estate Group Inc., is Mme companies still choose to build new facilities to meet estate market that has seen any speculative development to that rapid development in the 1980s saturated the closer pecialized needs, anticipate projected growth rates or to speak of. In fall 1990, CSM Corp. broke ground on a specu- southwestern suburbs. As a result, land in communities ulfill corporate egos. lative, 77, 000 - square -foot office/warehousebuilding in the such as Edina, Eden Prairie and Bloomington has become And although purchasing an existing property is an ex- Westgate industrial park near the intersection of Highway more scarce, and more expensive. vuely price- competitive option, the same forces that have 280 and University Avenue in St. Paul's Midway district. "Even with the substantial correction we've seen in land riven prices down have forced developers to operate on The project was almost fully leased within months. CSM prices, a parcel in Edina, for example, will cost somewhere ._naller margins, bolding down the cost of new development. and Opus Corp., a Minnetonka developer, areworking on between =1.50 and 82 per square foot," Allen said. "In For many companies, location is Less important than additional industrialprojectsinthepark. communities like Chaska and Chanhassen, a similar parcel Aber considerations. "It's not really a matter of commu- The Midway, despite its plethora of outdated — and could bepurchased for well under 81 afoot." city anymore," said Ralph Robinson, president of Maple empty — manufacturing facilities and the attendant prob- As a result, a number of build - to-suit and owner -omr- Y From left, Mayor i s E ` :xs �j 9 � - Don Chmiel, t ,i.:1...-.•--,•:;:f - +, # .1 I ' 't 45* - - - • er , q � - r i s�2� 5.: i , `dcGlynn Bakeries t 1T ' r i . - F s r.s s £ ,. Y.. r.:. n'. -� f fir ,- '.,- -. .' x , a President Mike fir• -: ` -� z w ' ' - •_ r . -2 r McGlynn and as- .. . a f - s ... ,? sistant city man �3 p •- y -�.. _ _� ^� Y ager Todd Ger- _ r 1 , ri hardt in front of '"F'y" t � � - - - :.. • • the company s ; ' � - - ,• '; ,� ''''''',47:7..'",.'t-':-....:',. ` ' , Chanhassen open- � l , ;a, > _ ¢ _ : _0:,`t- x . _ti , _ .M � ' lions. Land prices : : e - • ? :. _ ,: �� ":; > h . , '`te=e : •� . : • made the city an r r.; •� *_ -i - ' -, `. y .t£ «^_ ;;=.�'c '''''.11P1114-4.'' 4 tractive la for ' �" - : `� - P r a-x� :: J +. r., r St zr+. ad y v iw + McGlynn to build " : : r , ,�: - J- -t``i.- 9 a'- >. :17. , 0 . - — its current pro- r, - . s '*; r� ° t-.. Y u . . - t : , ' ;..r- ,- -Y - - 'ect is an 85 0 00- - -'� ` 'sx y 4 - V4. • .cT j . . J ^ ?._ .. 5 .3 � Rf x C :A 4 L � s }.i94 Ck J ��./ • square-foot - ,• ,, , i.�C . r' a = ? !. -"', L T a .f 4. LY:K �i -M..., j•F F k 4 , ,, : a y 7" i ,. & ; , s i. is ,4 .� a. - °‘;:;",,,,"1.4:V- '.....,.1 ~ C. u s addition. t .,�: '., i - Y A..- -. M 3 >`• ���.s 8 ••--: - `' P .° - -, • Y.r . :.3 ' c.....,-,..,;07.,;.:-. ''"•- s -- '" z, _Y a = s:. :- x- w M JULY 29, 1991 • - • CI TYBUSINESS COMMERCIAL REAL ESTATE GUIDE (continued _from previous p...) the city's downtown district. it wasn't necessaryto build a new building for $ theyear2000." Retailers have responded to the favorable conditions. foot if you could buy a Class A building for 1 More than *7 million in construction was began in the and$90afoot. RETAIL downtown area in the first half of 1991, compared with $8 "We're kidding ourselves if we think that the million in all of 1990. More than half of the 2.4 million be a rebound in office development any time Led by the relentless turf wars between local grocers Rain - square feet of commercial/industrial space in downtown said. "It will be the mid -1990s before we start bow Foods and Cub Foods, as well as those among national Apple Valley is made up of retail projects. about new development." discount retail powerhouses Target, K mart and Wal- Some build - to-suit office projects are being t Mart, retail activity in the Twin Cities continues to surge. LAND SALES AND but they tend not to follow any specific geograp Siting is perhaps more important here than any other sec- Office build - to-suit projects today are develo; tion of the commercial real estate market. Location and ac- OFFICE PROPERTIES company's needs are highly specialized whethe cess can make or break a retail development. type of construction or location. Opus Corp., E. Asking about opportunities for new office development is Road access, particularly access to a major freeway, is like inquirf ng about the best place to take a swim in the Mo- nt completed a 40,000- square-foot off perhaps the most important consideration. "There is a lot aveDesert , search building on Washington Avenue on the of demand at 98th Street and Lyndale l venue" in Bloom- downtown Minneapolis. The building leased q i With office vacancy rates hovering at or near 20 perxat ington, which has direct access to I-3.' said CB Commer- in many p of the Twin Cities market, and with the Opus spokeswoman Vicki Strahan, primaril; cial Senior Associate Whitney Peyton. "But you couldn't downtown Minneapolis building bonanza coming frui- proximity to the Minnesota Supercomputer Get ng to convince a retail tenant to go to 94th and Lyndale," which University of Minnesota, both of which have tion, the mood in the office market is one of extreme cau- affords less- than optimum freeway access. lion. There is not now, nor is there likely to be in theed forspace. In few places is this phenomenon better demonstrated e nett s Land sales s U than the downtown area of Apple Valley, a six -block several ' any significant bui of office space, apex are in a gh Y les prtcarious F ulativeoroth Kit Richardson, a senior associate e with Griffin stretch bordered by 147th and 153th streets and Pennock' Co. in Bloomington, said the days in which d and Calaxie avenues. What was a few years ago a relatively .investors would buy land as an investment are g, sleepy neighborhood now boasts several new develop- i "I've got a lot of land for sale," Richardson sp ments, including a 105,000- square -foot Cub Foods store; l e,v was a lot Of eXCltel left in the one is land- banking. They're only buying if th the largest Cub Foods in the state, it is sometimes referred ___ �.i_ about build , hi U tenants, the financing and the sun, the moon a to as "Papa Cub." The area also has a 120, 000 - square -foot 7/ ![[r /Z [!p(M Ut4it[l oft in proper alignment." out . !" Target Greatland store, an 88 ,000 - square -foot indoor /out - o � {,` - While developers said that "hot spots" do -- door retail project developed by Bachman's Inc. fats ' ,J e �/, gree, new market realities have made developrr From a demographic standpoint, Apple Valley is a retail- that i wasn't t necessa l to It c a new more complex issue than it was in the early- to er's dream. The population has been growing consistently "' M "It used to be that you could buy a piece of land at the rate of 350 new single -family homes per year, accord- pits for $100 a square foot if yOU and wait for market growth to catch up, said : ing to Dennis Welsch, the city's community development cool. buy Cass A for 70 to 90 „ executive vice president of Eden Prairie -based , director. The intersection of County Road 42 and Cedar tP "Hot spots are much more defined by needs righ: Avenue is the busiest in Dakota County, with 50,000 auto- Tea Hain Setiorworpmdn II, CB Cmimerud Dunn said sections of the Twin Cities that con mobiles crossing through the heart of downtown Apple joy growth today are doing so because of wha.' Valley each day. both the people and the companies located ther Apple Valley's average household income of more than "There are no hot spots, only meltdowns," said Tom eipanding business and population base, proxii *50,000 per year is the highest in the county, and is pro- Holtz, aseniorvicepresident th CB Commercial. "There oess, and amunicipalgovernment structure will jected to reach $65,000 by 1995. And a new county govern - was initially a lot of excitement in the market about build - to balance the needs of its residential and oom went center and library have drawn additional traffic to to-suit office projects, but then the market figured out that tors. • 1 • cw - x-�_ f - a = � Piper Jaffray Tower ,- . i y "� >_ ° £: _ welcomes its (4.0\-•.--...•;1„.,I.,.,.. r a ° newest tena • .,—,_ :‘,.. .. : a -4 li t - 1 S 'F'E { ; � ... ye, • i t, `..F Y ' R ... 11 ` t i a t. -.s �• _ _ . ..- - • �, rl' :. 1i;1,: +;. t . R & Ande t� *,r" ; . „.: ,�., j i , DESIGNERS CONTRACTORS � ° • r - = " 1= =. T--- r - °gi n• -- .- AND DEVELOPERS rte �`', ! . _ . . l _ & Anders is an actuarial Y � ' ';,' ° ; . °' . `; " F `_ rich provides consulting servi • Opus CO 0° .." ;;" '` "' 10 t he health care and insure - 'M nneapo • —800 Opus Center - . - - . -.. . ,),"'= .,.i�. =. .Y t., -,: : . . 9900 Bren Road East -P.O. Box 150 - - - w "r: t `• � ` »' } ' ° til ` _.: _n dus , �` lis, Minnesota 55440.612 _ _ -: N- 5' . _ ... , T . _ - Minneapolis, /936 -444'$ .:+ =1v o* :hi. .� A %� Seattle —10900 NE h S - - _ _ .- s: • 3' . -'' - - . . -- 9th Street -, ' 1' p �,l ` 4 rti Bellevue, WA98004.206 /450 -9700 ''' - 4 ii _ ..4 A • - - _- r . Y _' i` Reden & Anders • . - -. .. ; . w 1735 Piper Jaffray Tower 1 0*. . - - . - -- -_ - :-- ;_ =' - ' 222 South Ninth Street OPUS • ; t�. wr0 y- , � _ Minneapolis, MN 55402 Mi ffiliates in Chicago •Milwaukee •Phoenix •Sea Diego - `t€ >• : _ 339 -7933 - • • A Dallas •Tampa •Pensacola Le. Di J _ ,4s:=.7:.:::::_-_7,-- ._ = . - . _ _ _ . .. 6 JULY 29, 1991 CTTYBUSINESS COMMERCIAL REAL £STAi • : - Demographics • �. have made Apple 404 . `z ' Valley a retailer's ter. i, , ; .; 1 dream: The popu- $.a 'i"e lotion has been • -, ; .. growing consis- - - t« I -. *rr - z� �, tentlyattherate 4s • , '' . ` 1 i of350 new sin- _ r ' ;4 � ` > ' gle- family homes ..�"` "4 per year, with the -. T 1" j I average household ` � i.., • k - . . - - . ,- . S , : ,r, , ,,._ - - income topping � 7..-,.s..-- .— •�• --n••4 < M - ' -., -" • a �. - $50,000. The mall - „,Yi , -.".,..."."7". - . :r . . t ... � , . _ ' =4 . . sil = , ice ... -'•:s •�a„ & .. ,,-,, > ., gy m, v .,. shown here is on _: #'-'-' ; • Cedar Avenue and - , , `_ „7_.,- .. ,:� ' „ >” `_' ,�;. ` e =. _ °gin. , . c, 153rd- .. r •'.-4'� . - :. � .- - >._. : �; �;?...- ,t ".,."" w. ' cam . - x >- r ' Y ,,,;` �.. < - tisi ._aJ' s*n >rojects have sprung up in the far southwest in recent its Eden Prairie site. The company has expanded twice on The city also approved an extension of its sewer and wa- lls. McGlynn Bakeries Inc. is building an 85,000- its Chanhassen property, which now includes 250,000 ter lines, effectively opening up more than 1,100 acres for e-foot addition to its Chanhassen operations, accord- square feet of industrial space. . new commercial and industrial development. Part of that Assistant City Manager Todd Gerhardt. The Na- "The City Council and the planning oommistion are very acreage will be taken over by Ryan Construction Co. of . 1 Weather Service is planning a 40, 000 - square -foot re- supportive of industrial development, as opposed to some Minnesota, which recently entered agreements with two 1 research station to begin construction in 1992, also in other communities, where the city takes on a more adver- land - investment partnerships to develop two parcels total- }lessen. PMT Corp., a medical products firm, re- serial rote," said company President Michael McGlynn. ing170acres. v doubled its presence in Chanhassen by adding a "There's a lot of wide -open space, access to a strong em- Right now, we've got about 6,000 jobs related to the _ el-square-foot addition to its headquarters. ployment base, and an extremely helpful city staff. This commercial and industrial companies located here," said -Glynn Bakeries purchased 70 acres of land in Chan - area has been developing rapidly, and from what I've seen, Gerhardt. "We are projecting that number will double by n in 1988 after it was unable to continue expanding on it looks as if that will continue." (continued o n text pn e) t v Hy • - . . • stn. ,. , Ve treat our tenants like we need their business. _ _ - :esult: Over 93% average occupancy. - _ "_ oviding award winning building design isn't enough for VenStar! Our Building - • - Occupancy Hants need a facility that works for the way they do business. We work -- VenStar 100% - make sure they get it. Customer service has been the key to our success. VenStar 7...... :. »......_ 100%.. _ ur most recent tenants, listed below, will help to keep us full over the VenStar 8 100% ming years. We thank them for that. VenStar will continue to keep an VenStar 5995 - - 100% 'e on their needs, because at VenStar, we savor our tenant's success. VenStar 7275 ......... 80% VenStar 9060 ._... ..................... ...._..72c% ewest Tenants VenStar 5885 100% Selbach's Cookie Cones 15,000 ft - 5 years ' - - , W. C. I. Consumer Services 7000ft- 5Years; - - - Corporation Robinson's Right Choice 13,000 ft - 6 years w i VenStar Cor ' r Poppy's Foods 24,000 ft -7 years < t' ', - 5995 149th Street West • Suite 105 -�— s ;> �.._ - Apple Valley, MN 55124 __= _'; _ „{ _ ..� 612- 431 -1155 •{ , 1 Z J4 '—" �..�..r• A'9"t -CC' '+„"` _�. —�.._ ' _ ' -- ? • ;` 10P ,_ ile ia en e; 99,i - � r : - .=x -- ..,;-4-0„....4„,--,,.-,.--e ,,.� 'BUSINESS COMMERCIAL REAL ESTATE GUIDE JULY 29, 1991 5 s. .a _ he hwest • Nearly completed 10 million dollar downtown redevelopment • Highway 5 expansion from 2 to 4 lanes _ • New Highway 212 corridor in progress • ■ Recent commercial/ industrial growth of over one million square feet Chanhassen would like to thank all the developers and companies who have made this growth possible. We look forward to a shining future. , � 690 Coulter Drive L Aeuit , P.O. Box 147 �� #���' Chanhassen, MN 55317 •me'� ___ (612) 937 -1900 Contact: Todd Gerhardt CITYBUSINESS COMMERCIAL REAL ESTATE GUIDE C ITYOF ,:., 1 CHANHASSEN ..„..,,,,.. ,:;.:::_....a „„..,,,,-,i,e-- zt -- '` '� �.� ' v. 690 COULTER DRIVE • P.0 BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 o July 17, 1991 Name Address City, State, Zip Dear , You have been randomly selected as a recipient of inspection serv- ices in the City of'Chanhassen to provide feedback on these serv- ices. We are in the process of critically examining how our staff provides inspection services, and are randomly selecting people to request feedback. On the back of this form, you will see a number of questions to which we would like you to take a moment and respond. It is very ' important to us that you answer honestly, and let me assure you that absolutely nothing negative will come about as a result of your straightforward answers. If you would like to contact me personally, please feel free to do so. You may indicate on the form that you would like a follow up call, or please feel free to call me at your convenience. Sincerely, Scott Harr Public Safety Director SH:akd EVALUATION OF BUILDING INSPECTION SERVICES Please respond to the following: - 1. The reason I had contact with the Chanhassen Inspections Divi- sion was: 2. Please rate the following: Low High A. Level of knowledge of inspectors: 1 2 3 4 5 B. Professional appearance of inspector: 1 2 3 4 5 C. Courteousness of inspector: 1 2 3 4 5 D. Cooperative attitude: 1 2 3 4 5 3. Were you satisfied with Not at all very much your experience? 1 2 3 4 5 4. Did you have any problems with your inspection or inspector(s)? Yes No Comments: 5. Other comments: 6. Would you like a follow -up call =om the supervisor of the Inspections Division? Yes No 4 C ITYOF CHAIIIIASSEN -\ . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 CHANHASSEN BUILDING INSPECTION DIVISION FEEDBACK REQUEST You are being asked to assist us by providing honest feedback on your perception of how our Inspection Staff is doing its job. We assure you that your feedback is being solicited, and absolutely no negative responses will be forthcoming as a result of your providing us with your perspective. You are asked to return the evaluation on the reverse side of this memo, or invited to contact Public Safety Director Scott Harr at 937 -1900 ext. 3 to discuss any comments, criticisms or concerns that you have. REMEMBER, WE ARE HERE TO BE OF ASSISTANCE TO YOU AND YOUR FEEDBACK IS IMPORTANT! Si •416 4 Scott . r - Public Safety Director EVALUATION OF BUILDING INSPECTION SERVICES Please respond to the following: 1. The reason I had contact with the Chanhassen Inspections Divi- sion was: • 2. Please rate the following: Low high A. Level of knowledge of inspectors: 1 2 3 4 5 B. Professional appearance of inspector: 1 2 3 4 5 C. Courteousness of inspector: 1 2 3 4 5 D. Cooperative attitude: 1 2 3 4 5 3. Were you satisfied with Not at all very much your experience? 1 2 3 4 5 4. Did you have any problems with your inspection or inspector(s)? Yes No Comments: 5. Other comments: 6. Would you like a follow -up call from the supervisor of the Inspections Division? Yes No 1 ,.: CITY OF i _ . ..4- • cHANHASSEN 1 _-\.. ._ ..... ,,.t.:„..,.... 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 a (612) 937 -1900 • FAX (612) 937 -5739 1 -,_ 1 MEMORANDUM 1 TO: Don Chmiel, Mayor City Council I Don Ashworth, City Manager FROM: Scott Harr, Public Safety, 1 DATE: July 19, 1991 SU[3J: Building Inspection Service Analysis 1 Councilman Tom Workman and I recently discussed the occasional I negative feedback that we receive regarding building inspection services. I would like to track feedback for a six month period in order to determine whether there is a common theme to these complaints. I The attached CHANHASSEN BUILDING INSPECTION DIVISION FEEDBACK REQUEST form will be provided in the packet of material that 1 everyone gets when they obtain any building permit. The building inspectors will have forms to hand out to builders on site, and I will be sending out random requests for feedback. II It is our hope that by positively requesting feedback that it will better enable us to respond to concerns, or to determine whether there is a specific area that we need to concentrate addressing. I If any of you have any thoughts or questions, please feel free to let me know. 1 1 . 1 . 1 1 CITYOF 1 - cHANHAssEN \_ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Building Inspection Division Support Services FROM: Scott Harr, Public Safety Director5 DATE: July 19, 1991 11 SUBJ: Inspection Service Analysis 1 Attached please find copies of material that we will begin using immediately. The CHANHASSEN BUILDING INSPECTION DIVISION FEEDBACK REQLEST form is to be included with all permit packets. I would also like the support services staff to provide each inspector with 25 copies of the same form, which they may hand out on site. 1 I would also like Beth Koenig to see me upon receipt of this memo to begin sending out forms randomly. All forms are to be returned. to me, and any contacts in response to these forms are to be directed to me. I will then be keeping track of comments in order to develop a six month report. Again, it is imperative that people understand that we will not hold their responses against them. The purpose of this is for positive departmental growth. If you have any questions or concerns, please see me. • 1 1 " 1 1 1 CITYOF CHANHASSEN L' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 1 MEMORANDUM 1 TO: Building Inspection Division 1 FROM: Scott Harr, Public Safety Director 1 DATE: July 12, 1991 SURJ: Inspection Service Analysis This memo is to set forth the plan to analyze the way that people perceive the way we are providing Inspections Services to 1 them. This concept came about as a result of our discussing occasional complaints that come in, and our wondering whether there is a common theme to these complaints. Basically, we will invite comments, criticism and suggestions, and then analyze the results of the follow -up analysis that I will do on these. A report shall then be compiled after six 1 months, permitting us to look at how we are being perceived. Contacts with those we provide inspections for shall be obtained 1 in two ways. First, forms requesting feedback will be included in permit packets. Secondly, I will be sending out random eval- uation forms to those we deal with asking for honest feedback. 1 THE CRITICAL COMPONENT OF THIS APPROACH IS TO ASSURE PEOPLE THAT WE WILL NOT HOLD THEIR HONEST COMMENTS AGAINST THEM, AND ABSOLUTELY NO RETALIATION WILL BE PERMITTED. We will be discussing this more at a staff meeting, but if you have any questions or concerns, please let me know. Thank you. 1 cc: Don Chmiel, Mayor Don Ashworth, City Manager 1 1 %.4„ t c c rti _ �'✓ HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Southwest Street Level Government Center, Minneapolis, MN. 55487 -0016 612/348 -9260 Fax. 612/348 -9710 L R ta- - . July 8, 1991 1 Ms. Therese Vogel and 11 Ms. Shantal Beuch 105 Pioneer Trail Chanhassen, MN 55317 Re: Hopkins to Chaska Rail Corridor ' Dear Ms. Vogel and Ms. Beuch: 1 This is in response to your letter to the City of Chanhassen and their June 25 return letter to you. The Hennepin County Regional Railroad Authority ( HCRRA) purchased the rail corridor from Hopkins to Chaska for future use by Light Rail Transit, however with County Board approval the right of way may be temporarily used by the various cities as a trail available to the public. ' Since HCRRA will not be directly involved with the trails, we will leave it up to each of the cities to decide on their use. Until the HCRRA Board approves the cities use of the rail corridor as a trail, we have asked the city police to help us restrict all use of the right of way. 1 Sincerely, 1 Do A. Lawrence 11 Primary Right of Way Agent DAL:mk JUL 0 9 1991 cc: Don Ashworth, Chanhassen CITY Ur Ur NHASSF,r BOARD OF COMMISSIONERS Mark Andrew John E. Derus Judy Makowske Tad Jude Peter McLaughlin Randy Johnson John Keefe Chairman Vice Chairman Treasurer Secretary 1 Feature Transit System ` L K^ S ( ) L ! t I 1 kr.!(;.'St Ltr0 I &.ilors I : I - A -*. C:' S i ' vk r e To Meet Wc;ake,l, n w ..--‘i-0 .-,.......- I i r:4- 0 c �: .1..-,- 1 The Southwest Me y t _ -.. + $ tro Transit Administrative Assistant. The Commission was established in 1986 commission strives to achieve one " ! - 1 -. . by a joint powers agreement between goal —to be an exceptional transit the cities of Eden Prairie, Chaska, and service that meets the diverse transit F I Chanhassen under the transit and transit- related needs of its•residents :; s f; ' ;. `1 . replacement service (opt -out) program. and businesses. Southwest Metro passengers board to be I The opt -out program was Ridership continues to grow each taken to their destinations. established by the Minnesota year. In 1987, annual ridership for the Legislature in 1982 to give metro -area first year of service was approximately shortages and metro -area job placement communities the option to manage their 140,000. Just three years later, annual services; and daily Dial -A -Ride I own transit systems. ridership increased almost 200 percent services tailored to the needs of local Eden Prairie, Chaska and to approximately 243,000 one -way residents. Chanhassen elected to participate in the trips. Southwest Metro Transit is I replacement service program because it This ridership attests to Southwest considered to be a "true pioneer in provided the opportunity to develop a Metro Transit's commitment to be transit" because of continuing transit system specifically tailored to more than just a mediocre transit initiatives that serve as models for other I the needs of local residents and businesses. As a result, Southwest system in the communities it serves. metro -area systems. Foremost among Southwest Metro Transit acts as a vital these initiatives was a major park -and- Metro has an improved and expanded community service by providing nearly ride lot study. The study led Mn/DOT level of transit service. 1,000 daily commuters with an to write the draft Park - And -Ride I Southwest Metro Transit began alternative to driving; a link between Facilities Cost Participation Policy providing service in December 1986. local businesses with employee Guidelines. Weekday peak hour express service 1 between Eden Prairie, Chaska, and 4 -a .� 0 Chanhassen and downtown Minneapo- t - ` lis is provided under contract with the .;�- = �1 . ,. , ‘ 4 .: Metropolitan Transit Commission. , _ . _ ∎ i I Southwest Metro Transit's express ' + service has the longest routes in the - ` " =" f ! • metro area In- commute service links I " = riders from outside the three cities with _ t 1 5 their employment sites each weekday. .� '- ! s'; � �', * ; Dial -A -Ride service, provided under J I 1 1 , l - . -_, - 4;; ,,,,...:„._,..„_.:...:::%':1---.Y...;_:=- .. .•= • _ contract with National School Bus r ='= = .4.-:,-----.-:- t,� k3 r :..4=7.1:-=,- = F I Company, operates within the three ,-., : 4t' -., `..,' e - . ., 3- '' xx° K Y ,,+: : ,. 'r ice„ - cities and Southdale Monday through f F; .� - , y �4�3Y4C.[ �]� Y - 1a� • ••• Saturday. Southwest Metro Transit's x i % .- i` ,, �` ,;,.. s �: s �. - Dial -A -Ride is one of the largest �' .. ..' w 7 a w :4 - " ., i AS7 ▪ __ Dial - - Ride systems in the metro area A young passenger boards Southwest Metro Dial - A -Ride. with significant growth still being I planned for the future. - The governing body is a seven - member commission. which includes RE 1 ti fJ( Minnesota Public 1 elected officials and appointees from JJ�t lfzl Transit Conference each city. Staff includes two full -time October 10 and 11 employees: DianeHarberts,Transit OUR RESOURCE Radisson South Hotel Administrator and Catherine Benson, Mark your calendars! 5 1 Cc_, FLA — CAMPBELL, KNUTSON, SCOTT & FUCi -iS, PA Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott (612) 456 -9539 Gary G. Fuchs Fax (612) 456 -9542 James R Walston f t' tT Elliott B. Knetsch July 22, 1991 JUL 2 4 1991 r i yr ,,n,I nAssEN 1 Mr. R. J. Dinneen, Director O MINNESOTA DEPARTMENT OF TRANSPORTATION Transportation Building St. Paul, MN 55155 Re: Our File No. 12668/255 7300 // S.P. 1002 - 903 Parcel 206 - City of Chanhassen Dear Mr. Dinneen: 1 In response to your letter of July 16, 1991 regarding the above- referenced.matter, I wish to clarify a couple of points that may have been misunderstood. First, the basis for the City's proposal is not "an adverse jury verdict ", as you characterize the prior proceeding, but rather a jury's determination .of the fair market value of the subject property, exactly what you say determines just compensation. If MN DOT had condemned this property one year earlier, you would have been the condemning authority in that prior proceeding and would have paid the amount . determined by the jury to be fair compensation. However, for dozens of reasons, the timing of the City's project and the MN DOT project was such that the City was the first condemning entity. The City is not asking for reimbursement for all of its costs in acquiring the property, but only for compensation at the exact same price the jury determined to be fair. Second, contrary to your letter, the amount that an owner originally paid for a price of property can have great bearing on just compensation depending on how long prior to the condemnation 1 the property was purchased, the terms of the purchase and any subsequent change of circumstances. Finally, in response to your statement that you need evidence 1 to substantiate fair market value, I suggest that the four appraisers involved in the prior proceeding, the three commissioners and the six jury member: who participated in - 1 determining the fair market value of the subject property is sufficient evidence to establish fair market value. 1 Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 1 1 II Mr. R. J. Dinneen, Director July 22, 1991 Page 2 II 1 I, too, hope that condemnation by one governmental agency of the lands of another is unnecessary. However, without some modification in position it appears likely that condemnation will be necessary. I suggest that your department give more weight to I the several appraisals, commissioners' hearing and jury trial that was conducted to determine fair market value of this property then it thus far has been willing to do. I recognize the fact that you 1 have an appraisal indicating what the fair market value is, but I suggest that the lengthy and expensive process the City went through to determine fair market value and fair compensation 1 deserves more consideration. Very truly yours, I CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 1 /S/ By: Gary G. Fuchs 1 GGF:clk c: Mr. Don Ashworth - 1 1 1 1 1 1 II . . 1 1 II J, CITYOF 1 1 !,- 1 cHANHAssEN 1 . , . ,, ., , f .: A • _ .,-i • ' , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I .., `" (612) 937 -1900 • FAX (612) 937 -5739 II MEMORANDUM TO: Jerry Schlenk, Street Superintendent 1 Jerry. Boucher, Utility Superintendent FROM: Charles Folch, City Engineer 1 DATE: July 24, 1991 SUBJ: Speed Issues Involving City Vehicles 1 A traffic speed study was recently conducted by City staff and a I Councilperson on the Minnewashta Parkway to evaluate the current speeds of vehicles making use of the roadway. The results of this study were presented at the July 22'Council meeting. In I presenting this report, it was publically made mention to the fact that a green City vehicle was travelling the roadway at 40 m.p.h. This obviously is.10 m.p.h. above the posted speed limit. I recall that we have had this similar situation brought to our II department's attention in the past. I understand that some of the speeding may have occurred due to City personnel being called 111 out on an emergency. Nevertheless, I feel it is important to stress to all of our employees the importance of being aware of the speeds in which our City vehicles are being operated at. In I this day and age when traffic speeds in residential areas are debated frequently, it is somewhat embarrassing for this department to be exceeding posted speed limits. Please re- emphasize this matter to your staff again stressing the I importance of obeying all traffic control regulations including speed limits at all times. 1 jms c: Don Ashworth, City Manager II Scott Harr, Public Safety Director City Council Administration Packet - 8/12/91 II 1 II II CITYOF cHANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 1 • July 23, 1991 1 ' Mr. Thomas W. Green Mills Fleet Farm P.O. Box 5055 Brainerd, MN 56401 ' Dear Mr. Green: ' I received your note regarding the Ryan Construction projects in Chanhassen. The article was somewhat premature since neither project has been approved nor even submitted to the City for review ' yet. However, you should also be aware of the fact that these sites are located considerably east of the property that Mills Fleet Farm has purchased and both are well within the newly expanded MUSA Line. I have enclosed a map illustrating the two 1 areas for your review. Please feel free to contact me in the future if you need additional 1 information on this or other matters. Sincerely, ' Paul Krauss, AICP Director of Planning PK:k pc: Administrative Section, City Council Packet, August 12, 1991 111 Planning Commission Packet, August 7, 1991 - s 1 MILLS ____ fLZTctt F ARF . .1 < < < < THOMAS W. GREEN 1 l 1 3 ' • I 1< la re' P O Ecx _55 C. `,. E a -` 1�, M�nneso•a, 55-;01 • 81 829.3521 3 J1 ( • 1 July 17, 1991 C � TO: Paul Krauss - City of Chanhassen 1 I noticed this article in the Minneapolis paper on July 16. Where exactly is this in relation to downtown Chanhassen? Tom Green 1 lfs 1 Enc. 1 C (. _ O■ L. ©• - 4 f.��;aiVED 1 C: r ©` ) 1 JUL181991 0' f CITY OF CHANHASSEN 1 1 1 1 1 1 Tuesday /July 16/1991 /Star Tribune , 1 Ryan to develop • . Chanhassen sites 111 Ran Construction Co. Minn eapo- lis, said it had entered into develop- 1 ment agreements with two land -in- . • vestment - partnership groups to de- . I velop 170 acres in Chanhassen. - - • The land will be used to develop two 1 multimillion- dollar business parks, including the Chanhassen Corporate Center on nearly 100 acres west of I downtown on Hwy. 5. The second . development, the Chanhassen "Busi- ness Center, will be south of the first 1 development. Both sites will be ready for development early next year. _ , . . 1 1 1 • • 1 ' 1 1 _ . 111 . . - . 1 �M: ;4, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Cc 1��it- Attorneys at Law Thomas J. Campbell Roger N. Knutson (612) 456 -9539 • Thomas M. Scott Fax (612) 456 -9542 Gary G. Fuchs James R. Walston Elliott B. Knetsch July 5, 1991 1 Mr. Don Ashworth City Manager 690 Coulter Drive Box 147 Chanhassen. MN 55317 Re: MN DOT Acquisitions Along Highway 5 Dear Don: 1 have reviewad three packets of information from MN DOT on City of Chanhassen property and HRA property regarding the acquisition by MN DOT of right -of -way easements along Highway 5. The three packets include information of MN DOT's offer for acquisition for parcels identified as Parcel 206, Parcel 209C and Parcel 316C. Parcel 209C permanent taking is of a 4' X 115' strip of land along the east side of Great Plains Boulevard and the temporary taking is for three years of an additional 10' strip adjacent to the 4' permanent easement. MN DOT is offering $1,000.00 as total compensation to the City. That offer is roughly equivalent to $1.25 per square foot. Parcel 316C permanent taking totals 1,837 square feet and is a rectangular parcel on the southeast corner of Highway 5 and Dakota Avenue with a sliver extending westward along the south side of Highway 5. The temporary easement is 3,375 square feet adjacent to 1 the permanent taking and is valid until December 1, 1994. MN DOT is offering a total compensation of $13,400.00. That offer is approximately $4.75 per square foot. Parcel 206 permanent taking is a total of 63,196 square feet on the north edge of Highway 5, east and west of Market Boulevard. The temporary easement is 18,846 square feet west of Market Boulevard and directly north of the permanent easement. MN DOT is offering a total of $98,300.00 for the temporary and permanent easements. That offer is approximately $1.54 per square foot, Upon review of the three parcels and the value analysis by MN DOT, we recommend that the City accept the MN DOT offer on Parcels 209C and 316C. The offer on 316C appears to be fair and " - " — reasonable. The offer on 209C may be somewhat low, but it is a JUL 48 1;;1 Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, . „5"127 Mr. Don Ashworth July 5, 1991 Page 2 1 very small parcel and the cost to the City of increasing the offer is likely to be greater than any increase achieved. ' Parcel 206 is another matter. MN DOT has broken the parcel down into four separate segments. Most of the property is part of the "Burdick" acquisition of last year. A small portion appears to ' be part of the Ward acquisition of a couple of years ago. The MN DOT value analysis shows a valuation for 80% of the "Burdick" parcel at 20 cents per square foot and for approximately 20% of the area at $3.45 per square foot. The jury verdict in the "Burdick" ' case resulted in the City paying slightly more than $2.60 per square foot. The MN DOT offer averages out to approximately $1.54 per square foot. 1 At your direction, I have requested that MN DOT prepare the necessary instruments to convey the easements for Parcels 209C and 316C. I have also responded to MN DOT on Parcel 206, rejected 1 their offer and suggested a level for adequate compensation. A copy of my letter to Mr. Snyder is enclosed herewith. 1 If you have any questions or comments about any of this, please feel free to call me. i Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P A. By: _�!L d Ga / Fu `s GGF:clk 1 Enclosure 1 1 - 1 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell 1 Roger N. Knutson (612) 456-9539 Thomas M. Scott Fax (612) 456 -9542 Gary G. Fuchs James R. Walston Elliott B. Knetsch July 5, 1991 Mr. Jim Snyder C O o R/W Operations TRANSPORTATION BUILDING Room 509 395 John Ireland Boulevard St. Paul, MN 55155 Re: 7300 S.P. 1002 (5 =121) 903 *52 -483 Carver County Parcel 209C, Parcel 316C and Parcel 206 Dear Mr. Snyder: ' As you will recall from our prior phone conversations, we are City Attorneys for the City of Chanhassen. This letter is in response to your portfolios for acquisition of the three parcels referenced above. For Parcels 209C and 316C, please have the necessary documents 1 for transfer prepared and forward it to me. I- believe the City intends to accept MN DOT's offer of compensation for those two parcels of $1,000.00 and $13,400.00 respectively. I will review the documents and forward them to the City. The City will then consider the offer and our recommendation and will respond in the near future. Parcel 206 is a significantly different matter. The property identified on MN DOT Right -of -Way Plat No. 10 -3 as Outlots A, B, C and D was, for the most part, acquired by the City after a lengthy and costly eminent domain proceeding that was finally concluded in April 1990. Following a jury verdict, the City paid the former landowner approximately $2.60 per square foot for the property. MN DOT's offer averages approximately $1.54 per square foot. I believe it to be the City's position that fair compensation for the permanent easement taking of Parcel 206 would be $2.602 per square foot, or $164,428.00. We would certainly recommend that the City 1 1 Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 , 1 accept an offer of $164,400.00 for the permanent easement, together with $13,700.00 for the temporary easement. (The temporary easement compensation is calculated at $2.60 per square foot at 8% per year.) I shall await the documents on Parcels 209C and 316C and your response on compensation for Parcel 206. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 111 B f/ Gary G. Fuchs GGF:clk c: Mr. Don Ashworth 1 1 1 1 1 1 1 1 1 1 1 1 /74.4— .:rr CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. cc e - f Attorneys nt Law Thomas J. Campbell Roger N. Knutson (612) 456-9539 Thomas M. Scott Fax (612) 456 -Q542 Gar} G. Fuchs James R. Walston July 11, 1991 Elliott B. Knetsch Mr. David Tester, Mr. Bernie Schneider, and Mr. Daniel Hudson C(.(7)))/ 3897 Lone Cedar Circle Chaska, MN 55318 Re: Trolls Glen Homeowners Association 1 Ordinance Violation Gentlemen: 1 This letter confirms the agreement reached between the City and Trolls Glen Homeowners Association at the meeting on July 10, 1991. The City will not proceed with further enforcement action if the Association does the following: 1. Permanently discontinues storage of more than two boats at the dock on Outlot B; or 2. Applies for a conditional use permit and variance for the beachlot by August 10, 1991; or 3. Petitions the Planning Commission and City Council for amendment or repeal of the beachlot ordinance by August 10, 1991. During the time an application or petition is pending, the City will not take enforcement action. Once the City makes a final decision in this II matter, the City reserves the right to proceed with further action as it deems appropriate. Of course, no action will be taken if your application is approved or the beachlot ordinance is amended to allow your existing use of the dock. - If you do not believe this accurately reflects our agreement, please • contact me immediately. Thank you. Very truly yours, CAMPBELL, KNUTSON, COTT 1 & FUCH P.A By: �� _ EBK:mlw Kliott A. tsch 1 cc: Paul Krauss JoAnn Olsen - F '` I Don Ashworth Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN »12 L 1 ' ! CIT - „r• Inv 1 1 1 1 . Minnesota Real Estate Journal - June 24, 1991 ' 1 In addition, hooking up the sewer lines is The sewer expensive, and when there is no development in an area with MUSA, there's no revenue Mr T p�}-�. coming in by way of assessing users, says c (l ll ection Anne Hurlburt, manager of the council's comprehensive planning and local assistance HOOK -UP FREES UP division. LAND IN CHANHASSEN overrthelaastt couple of years, Chanhassen of _ ficials argued that hooking up western por- ewers can mean a lot to a city. tions of their city would not lead to leapfrog ' In Chanhassen, the long- awaited connection of the metropolitan area's main development. Chaska, which is farther west of Chanhassen, was already connected and sewer line frees up prey �ousl} undeveloped experienced even more of a boom in in- areas of the city for new building. The con- dustrial development in recent years than its I j nection was recently approved by the .eastern neighbor.. Metropolitan Council at the urging of We thought it would be more of a filling Chanhassen officials. in of areas that were missed before,' Krauss • I Before the recession hit hard, the amount M Chanhassen's growth happened faster than Metro Council forecasts, Hurlburt says. of Land available for development in Chanhassen was running scarce. That's "The growth is especially steady in in- because the MUSA (Metropolitan Urban dustrial, Hurlburt says. "They've added a lot I Service Area) sewer line, which is we controll- of jobs, and agreed with them that it was ed by the Metro Council, was not hooked up time for and we services. " to a vast portion of western Chanhassen. While on the surface the sewer connection "We were down to about 90 acres of land could signal a return to the population and in- I for new industrial building;' says Paul e ustrassenex experi ence Krauss, a planning director. Krauss says it Krauss exp t. nced In th Also, only ly about bout 3 0 dustrialboomChanh acres were left for Chanhassen had 6,000 people and about residential development. "Before times got 1,000 jobs at various businesses. Today, there I tough, we had been developing at a rate of are 12,500 residents and 6,000 jobs in the ci- about 150 acres a year. And when you have very few acres left, those just don't develop ty's booming industrial areas, where such companies as Rosemount Inc., Victory . n B very quickly because developers might not Envelope Inc., and McGlynns are like what they see, and there's less land to located . I choose from: "We were boomin almost too fast;' Krauss says. MUSA hook-up frees up about 1,100 K "But about ago, acres for new industrial development and �' a year g , the about 560 acres for new residential develop- phones (in the city's planning department) I ment, Krauss says. radically stopped ringing. That was main - The Metropolitan Council determines ly due to the recession. Having the MUSA when to connect MUSA services to previous- line hooked up could help spur things again. ly undeveloped areas of the metropolitan But it's not like city officials want to open the I area. It does not want development to leap- doors to mega -development. We have a new frog its way to the outer portions of the Twin comprehensive plan that let's us grow in a Cities area, leaving undeveloped areas closer • quality way, pprotecting our wetlands and to the core cities. That's a planning no-no neighborhoods - - . ' • mod,,, iyvgfors1 . 1 called urban sprawl. • CITYOF f , CHANHASSEN , ‘ f ,:, \ . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 �f :: '- (612) 937 -1900 • FAX (612) 937 -5739 '- I F C March 25, 1991 1 r 3n.7 Mrs. , .-iEP Jon C. Wilson, Sr. - 2 l V A €Sef 019 Ch e y enne Spur D,_ A a.�e.� J Chanhassen, MN 55317 op ,,,,ye. ___....- — Dear Mr. and Mrs. Wilson: � .A.M -) 7 ; 4 I received your comments reg ding the surface water 1117 district and believe some add ional explanation is warranted. In your comments you appear to elieve that businesses are the source},µ- ,�� of pollution that the surf e water utility program is designed to , • ',,Ito. address. You indicate t at rather than bill residents, the city should "discourage business polluters and high volume water users from coming to town ". O t' n itrl tit r Lt0.e U.1 You should be aware of the fact that businesses - d of er intensive ,, 1 development is not contributing to - • o•lem to any greater extent on a per acre basis than our homes, schools, government buildings or any other land use. The surface water utility program frrt is designed to address something called non -point source pollution. Point source pollution, which is typically associated with individual users such as factories, has been regulated by state and O ' federal authorities for almost twenty years. None of the businesses in Chanhassen discharge pollutants into any water body in our c nunity. The non -point source pollution issue is more difficult to address since it deals with sources of pollution that tN1,e11 enter our lakes, streams and rivers from every property in the city. This includes fertilizers that we spread on lawns, organic material that drains into streets or from lots into water bodies, I salt from area roads and other sources. Thus it is much more difficul to address tha point ource pollution. — ----- .5 G 7 - Lk) uti�. :. 1 .' 4 ' i/A/FAiR /1 so ry > v? ? Businesses in Chanhassen and other intense uses are paying a I - ••• tionately greater share of the costs associated with the program. Charges for the utility are based on the amount of hard sur ace area a given property has since this is what generates I water runoff. Lastly, you should be aware that the program is not only designed to address water quality issues, but is also designed to deal with storm water management, flood control and wetland I protection. Thus only a portion of the money is designed to address water quality issues, ,, although we do believe these are 4 L./AT evA. ia dfrel V\, e � cal ( , a, ` la . • — S � y roper 1 114j-te;),/P)t ky , am-- Mr. & Mrs. Wilson � � , � r � ' � 1 March 25, 1991 /� i �l .1,- ay- Page 2 d '144 t ad t/-4'- t/ 4462 " 4 significant i the city. For exam•le - - -- -•• • the / ' k 1 F 9 _ *Ica -s e water quality in Lake Lucy -nd Lake Riley is significantly deterioratin• and could become ' ' al10,1 1 �e r I hope this letter has responded to your questions regarding the program. Please contact me_if you need additional information. ---------- 1 Sincerely, t / ACCA'el fl4 — 1I-J- u e S r. ci I• i 4 v/(42_, jr Paul Krauss, AICP n (� �-f f Tanning Director t Gt'�� 1 f P K 1,,k.eApe,etriAnto-46 - �� ( • t'o cc: Mayor and City Council, Administrative Secn (4 -8 -91) 1 II 1 6e----/ 6 ( P I/li ' 5 /2/147/ (AO 1 cite4,, /V444.4, Vet-IL_ �� cam' 7,eszieCf" a n i z , t , C A - : e4- / ? t J i , - 1 ,..„,e ye In,,6 1 Pr 1 +( . . ,, ,:::z._ tvrt ..A., / 01- 40 r 1 41) - oc t. 1 peAre. vt.b t v4) / /404. 6 V D 610 - — - - - ,K, 4, /44.,_ 44, /eix 1 1 1 � 1 . 1 1 ' ION C. WILSON, SR. ` \ DEBORAH K. WILSON, - ` O-R X )Vr1 3092 W- 425.435 -113 -922 W425439-344-039 _ -- 8019 CHEYENNE.SPUR 612- 934 -3976 . t '- - -. 19 / , 17_7000 CHANHASSEN. MN _553179607 _ . L. - / 2910 >. The Order Of (l •�yr $ O 0r • d II •liars TCF BANK SAVINGS FSB 4. 1' _ - ; - -� 7901 FLYING CLOUD DRIVE - € ` s . I• E PRAIRIE. IAN, .55344 V. ' -'- '----. - • ///i c ....s....... j -. , ; - l i el: 2910 7000 ii: - - 9 23E100 M 09 2 _ = = WARM, •.. COLpYDO ••••16f. co _ - VRRTS•E , J -� .... .. �-....1.., - �`� °, UTILITY BILL ' k } CITY OF CHANHASSEN _ 690 COULTEn^ DRfVE • P 0 BOX 147 ss �s c Y CHA'•;h:,cgc•� �: < ":^ F..,. , .''' 1� - 690 C0ULTERDRr ✓E PH 612.937 -190Q 1 ctiE : 55317 1- 300092 i re �`•` �3GCG92 CHANHASSEIV MN 55317 04 -26 -91 E4uNG FOP PER:0DE *JniNG 03 -31 -91 1 7 4 . 2 1 mE TER READN it. >a ( ESSEL :.„z7 351 I 373 22 PREVIOUS i PRESENT i lej2...- 1Q4/trehaja,_ .g i . USAGE GAL *FWD. 6.4 j$ P �p SEVER 46.0 JON C. bILSCN SR. v TER =.20 8C19 CHEYENNE SPUR STORM HAT, 3 CFA?IASSEN Mk 55 7 �� LATE CH • _ *TOTAL* . 46 0 8.7Ec . 1 i' • . • - 1 - i - 1 1 CITYOF `\l j CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 July 17, 1991 1 John and Kay Polster 1290 Lake Susan Hills Drive Chanhassen, MN 55317 Dear John and Kay: I would like to take this opportunity to thank the Garden Club members for their hard work and dedication in maintaining the garden beds in the downtown area. They look great! The Mayor and City Council asked me to extend their sincere appreciation for your time and effort in making downtown beautiful. ' Our next meeting has been scheduled for July 29, 1991 at 6:30 .m. at m house (see attached ma P y ( p). In appreciation for your efforts, the Chanhassen Housing and Redevelopment Authority has donated a pizza dinner which will be served at the meeting. Pizza will be served at 6:30 p.m. If you can make this meeting, please call me at 937 -1900. I hope to see you there! Again, thank you for your hard work! ' Sincerely, J-J-ck Todd Gerhardt Assistant City Manager ' Attachment P.S. Mark your calendars for August 26, 1991. I have scheduled "Master Gardener" Kathryn Abrams to give a presentation .on "Tips for Better Gardening" and "Unique and Different Ways to Garden ". Should be a lot of fun! • • 1 1 1 1 C1TYOF i CHANHASSEN f ,,,i..,-, \., ....., , , .. 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1''T ' ` ` (612) 937 -1900 • FAX (612) 937 -5739 II July 30, 1991 . II Richard Wing II 3481 Shore Drive Excelsior, MN 55331 Dear Richard, II Thank you for taking the time to present the WEATHER WATCH training II session for the City Staff last Thursday afternoon. I was pleased to see so many staff taking advantage of this opportunity. I thought it was great having a Councilmember interacting on this II basis with the staff. This type of training will not only benefit the individuals that attended during their personal time, but it , will certainly benefit the City to have people trained in being II aware of severe weather identification and reporting. Thanks again, Richard. I look forward to doing more of these II training sessions with you. Sincer y _ II Scott Harr 1 Public Safety Director SH:bk 1 1 - II II 1 1 i • CITY t \ I 5 i ClIANIIASSEN - : 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX(612)937-5739 II MEMORANDUM . 1 TO: Mayor Don Chmiel City Council Don Ashworth, City Manager ' FROM: Scott Harr, Public Safety Directo . ,A, 1 DATE: August 1, 1991 SUBJ: Septic Tank Maintenance Program 1 • Attached please find a memo to me from Building Inspector Steve 1 Nelson. It is an informational memo providing an update on staff's planning to implement a previously enacted city ordinance requiring periodic septic system maintenance. 1 Factors including time and changes in city planners have contributed to a plan not being initiated to date. Steve Nelson's memo explains actions that are being taken. I Meetings that have been held with the Public Safety Department & Planning Department have resulted in short comings in the existing 1 ordinance being identified. To implement this plan in a manner that is the least intrusive to residents, we will be bringing to Council some necessary ordinance amendments in the near future. 1 I would like to share Steve Nelson's memo with you at this time to make you aware of our efforts to implement the existing ordinance, as well as to make you aware of the need for an amendment that will I be submitted to you soon. If you have any questions, please feel free to contact myself, City Planner Paul Krauss, Building Official Steve Kirchman or Building Inspector Steve Nelson. 1 1 II 1 CITYOF Y IIANIIASSEN 11 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 f ` 4 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM 1 TO: Scott Harr, Public Safety Director THROUGH: Steve A. Kirchman, Building Official k • 1 FROM: Steve Nelson, Building Inspector S S DATE: July 30, 1991 SUBJ: Septic Tank Maintenance Program City Ordinance Section 19 -82 requires that the owner of an indi- vidual sewage treatment system must properly clean their septic tank(s) at least once every three years, or provide a report from a licensed inspector stating scum and sludge levels within the tank are below permissible limits. The Inspections Division was in the process of implementing some type of maintenance program when Jo Ann Olsen notified Steve Kirchman that the City will be required by the Metropolitan Council to implement a septic system maintenance program. After discussing this with Paul Krauss it was his feeling that the City must prove it has begun implementation of the septic 1 maintenance ordinance as a possible condition of Met Council approval of the comprehensive plan. Paul expressed his eagerness to implement the program as soon as possible. ' The purpose of a septic maintenance program is to ensure a full life expectancy of a system, and to protect ground water from possible contamination. Failure of a septic system can con- taminate water used for household use and-threaten the water quality of nearby lakes and streams. Initially, homeowners will be contacted by mail informing them of the City requirement to have their septic tanks pumped or inspected and told of the purpose of septic system maintenance. An informational brochure will be mailed with the first letter. They will be instructed to contract with a licensed pumper to have the tanks pumped. Pumping may be delayed if a licensed inspector provides documentation to the City indicating the tank sludge is-below permissible limits. Pumping contractors and inspectors must acquire a permit with the City prior to working on systems. The Inspections Division will maintain records of systems and their maintenance. 1 Scott Harr II July 30, 1991 Page 2 II I The procedure will include the city mailing the initial notice, mailing a second notice when necessary, and then a final warning. If homeowners fail to meet the requirements within the time I allowed, follow up letters will be sent and, as a last resort, the City would proceed with legal action as violation of City Ordinance Section 19 -82. The total time allowed for homeowners to respond to correspondence is approximately three months. '. The intent of this program is not to issue citations. Compliance with the ordinance for safety and health reasons are the main I objectives, along with protecting surface ground water, lakes and streams. I After the homeowner contracts with a licensed pumper or inspector, the pumper /inspector will acquire a permit from the City. This individual will then be provided with a Pumping /Inspection Certifi- cate to be filled out and returned to the City. The permit fee will I be $30.50 to cover administrative costs and the State surcharge as provided for in Resolution No. 87 -05A, Subpart D. No actual inspec- tions will be done by City Staff. Staff's only responsibility is I to administer the code requirements. The Minnesota Pollution Control Agency recommends septic tanks be pumped every three to five years. They also recommend that homes I with garbage disposals have solids removed at least once a year. Chanhassen's existing requirements are less re Our proposed changes to the septic ordinance will change required I pumping /inspections from three years to two years. The proposed change is still less than what MPCA recommmends. The Inspections Division concludes that the change would create less hardship on 1 homeowners with little compromise on the intent of the main- tenance program. 1 1 41 _ 1 .- . s 1 . 1 1 . . FIRST LETTER FOR HOMEOWNERS WITH UNKNOWN SEPTIC SYSTEM INSTALLATION DATES .• . II • II • . *DATE 1* II . . . iffiWNER* *c:TREET* *CITY* II ■ II Dear iOWNER*, . 3- This letter is to inform you that City Ordinance II -I ! (Aection 19-82) requires that owners of individual sewage treatment systems must properly clean the septic tank(s) at s least once every three . (3). years, or prcvide a certified report from a 1 individual indicating that pumping is II- not revuired. , Me City 15 currently implementing a septic system II mainretance program that regueres owners provide CvCuMentatlOn that the system is being properly maintained, Ownere r provide to the City proof that the tar (s) nave geen recently gumpea. Pumpinq may be delayed if a certified II regcrt is submitted to the City indicating pumping is not required. II , Please sebmit to the City proof that your: tnk(s) have tseh puq:ped within the last three years. If they have not been pupc, please centract a licensed pumper to pump tne -tans. 11- The pumper must obtain a permit at City Hall prior to t t 1 pumpig. Documentation must then be submitted to the . City verifying the tank(s) was pumped. Again, pumping may II 4- be delayed if.documentation 25 submitted to the City -. 1 verifying sludge is riot above permissible limits. -,:- -- i" • - Encleseo, you find an information pamphlet-that May help 1 4 eplain questions you may have regarding septic tanks. _If :- you have arty questions regardinq this letter, please _feel f4. r to contact the In spectionsDivisionat93771900, ext.3. IF I: T-- - -- . - Thank o An this in advance' for your coperation A this matter._ - ..; . . :----_ _ T" - - . - _ ._ _ - . -, - II . _ .z-. v - - _ _ _ Sincerely, . • - - 1 IL Steven A. Kirchman, Building Official - --1 --.-:-_-- - - .--..- II cc: Public Safety Director .-: • _ --_-- - - -- - 1 . - - -- :*- --- FIRST LETTER FOR HOMEOWNERS WITH KNOWN SEPTIC SYSTEM INSTALLATION DATES *LiATE -wCiTy* • This - -. 1 77?' 15 TO in''ora you that your- septic :Eystem tank in.ipeT.t1on or- pumping on - *REOJIRED : ( ity Ord2oarce (:--j--. 1-E2) requir e-=. that the -trr !f an inivigua) sewage treatrren7 system st j t septLc a+ !east once every throe pro-7e a c report from a 11:ensed incivic•a' ;s ot -quire.. .:.'i 6-di ;:anc reiiire the sy:ten- to be rtri:t u.ith a l!censed pumpe- r !aVILk your pumpe: or inspected. Tne pumper must Obtain a per*Mit at C pump.:ng. De%cumentation rlust. then oe -o ity th-e tank was puwped. Pumping may be oe'ayec o is st..bmitted verifyinq sludge is above :!.; limItc. you o:11 find an ;nfo;-mation pamphlet tt1.7 may e some cuestions you may have about septic tanks. If y i nave -r e' questionL, please fee; free to c the- Inspect;:ls Division at Ci37-3900. Thank .you in aOvance for ycur cc t'Dfl y - - - . Steve-1 A. Kircnman, Building Offitial . — cc Public Safety Dinector • . _ • • _ . • • _ - . . _ _ • . _ - SECuND -s-DATE 2* • *NWii *S TE: P7r * *CrrY* • *NATI: letter is tc serve 35 4 econ.. not City of septmc systeth maintenance, IT Ls ycu mit proc CIty t tanis nave ban orpectec. ,- fas rift be9n p .:.;:tn a '.7..cferseC pp 7.'ne :n nave a submit dccuthertat: 7 J-q , s. iz aove 2ern 11' be acr2u_r.pd wit.n tnIrty (*IC_ opt., : that Ed;, - ....n a conoit.lon to pr-e.sen-:. fa: or-; contamination of c'nounC water. C-ity 9roinance requiino tre F Cailt)re tn comply t in s be taken. Ycurs cooperaticn in this.. n :iv y Steve A. i Buildinq Official • cc: Put..ic Safety Director- . , • ,_ - _ - - - • • , - • - - — _ - _ • • .:It7.7S 1S t'7. serve as - .1 - 12 r*tlf2 --• 71 ": 2 - r rC'E' to the Clty .-Jave , tcen,eo 7S' -:rcm tr t our 1t117 ryst-i. witn :ic-sL!o Docul!eritat m'..-st s.it.n trz • r-1-ty oays tle :‘ tt:Is ure e7.:.mply will res Attc-r-ney fcr 'eoal actlup. - YOL- Vi. tter _s If yol.. ria.V•E" • a,y please cf.:in-:act Inspc13on.1 • • , • _ . • • - Stc:vii- A. KI Builoinq Of - - _ _ cc: Pub? lc Directar„ - _ . - • — _ _ I ND I V I DL SEWAGE TREATMENT SYSTEM INSPECTION /PUMPING RECORD STREET: PERMIT #: CITY: OwNER: OCCUPANCY CLASSIFICATION: NUMBER OF BEDROOMS: • DESIGNER: INSTALLER: DEPTt± TO MOTTLING: TYPE OF TREATMENT SYSTEM: NUMBER OF TANKS: - TANK LOCATION: FIRST DROP BOX OR INSPECTION PIPE LOCATION: SYSTEM COMPLETION DATE (mm /dd /yy): REQUIRED INSPECTION DATE (mm /ad /yy): ACTUAL INSPECTION DPTE (rsn /dd /yy): INSPECTIONS /F'' ±r?PING -.I TORY DATE (mm/ c n / yy) BY COMMENTS: s • _ • • • 4 _ - - - • • ,i47_,FECTION/PurPIN--, CER1IFTl_ATF. • • (144NER • T E OF -= • C T ON PUMP I Nri NSPEC T I ON = LAVER TO firs VON OF OUTLET BAFF F _ _A'-E T kol OF OUTLET _ ;FDP NEXT IN:--;;PECTION/POMFIi • PomPINn 1 .1._P - IFER OF 7 Ns P09PFD UALLONS F.2mPcn (FACh TAN,f) LOCAT70N 0= SEPT Ac4F D ESTImAlED DATE FOR NEXT IN5,PEr:TION/PUMPTwO • _ - CONTRACTrIR _ SI GNATLIRE _ _ _ I r :PECtOR PUMPER CARVER COUNTY L T CENSE 4 • - (circle one) . • _ - - . _ - - _ . - C. Annual License Fees RESOLUTION #87 -05A $35 Installer License $35 Designer License $25 Pumper License • $20 Percolation Tester /Site Evaluator License Any person seeking to acquire a Chanhassen license must pay the above license fee, however, a person meeting the primary qualifications shall not be required to have a separate city license. The license year shall run from April 1 to March 31. The license fee shall not be refunded in the event of denial, surrender, or revocation of a license. D. - Three Year System Cleaning Administration Fee A charge of .$30 is required every three years to process the documentation verifying the cleaning of an individual sewage treatment system as provided under Section 5.01 of Ordinance 10 -B. BE IT FURTHER RESOLVED, that the following license application requirements pursuant to Ordinance 10 -B are hereby established. A. Installer License: Primary Qualifications: 1. Proof of issuance of a valid Carver County Installer License under Carver County Ordinance 21, as amended; and 2. A satisfactory record of Compliance (where applicable) with Chanhassen Ordinance 10 -B; and • 3. Filing of a $2,000.00 performance bond with the City Inspector. B. Pumper License: Primary Qualifications: 1. Proof of issuance of a valid Carver County Pumper Lizsense under Carver County Ordinance 21, as amended; and 2. • A satisfactory record of compliance (where applicable) -- with Chanhassen Ordinance 10 -B; and 3. Filing of a $2,000..00 performance bond with the City Inspector. -2- CB COMMERCIAL ncn REAL ESTATE GROLP. INC BROKERAGE AND MANAGEMENT BROKERAGE SERVICES COMMERCIAL LICENSED REAL ESTATE BROKER FORMERLY COLDWELL BANKER COMMERCIAL FOUNDED 1906 July 29, 1991 Mr. Paul Krauss Planning Director City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Paul: Just a quick note to thank you for the time you spent with me recently reviewing single- family subdivisions in the city of Chaska and parcels of land that are available for development. If I have further questions, I will be in contact with you. Sincerely, 2 Daniel E. Hunt Associate 924 -4630 j1e082.wp • RECE VE P JUL 301991 C1 Y ,r1ti71.).: ;. 7760 FRANCE AVENUE SOUTH. SUITE 770. MINNEAPOLIS. MINNESOTA 55435 -5282 CITYOF IIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317. �r == (612) 937 -1900 • FAX (612) 937 -5739 July 30, 1991 Robert and Marcia Schiferli 325 George Street Excelsior, MN 55331 Dear Robert and Marcia: On behalf of the City of Chanhassen, I would like to extend my sincere gratitude for your assistance in securing an access to Herman Field Park. Through your actions of granting a 40 foot permanent easement across your property and a temporary construction easement, the City is now able to begin the development of Herman Field Park. Your assistance in this regard may seem unheralded, but as you know, without your generosity the City would be unable to move forward on this park project. Copies of the associated executed documents are enclosed for your files. If you require any other information or copies of documents, do not hesitate to contact me. Regarding your tax increase, you may contact Scott Winter at the Carver County Assessor's Office for an explanation at 448 -1218. Again, thank you for your assistance and cooperation in these matters. Sincerely, Todd Hoffman Park and Recreation Coordinator TH:ns pc: Don Ashworth, City Manager Mayor and City Council - • GRANT OF PERMANENT EASEMENT MARCIA L. SCHIFERLI, f /k /a MARCIA L. WILL, and her husband, ROBERT J. SCHIFERLI, hereinafter referred to as "Grantors ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent easement for public street, utility, ingress, and egress purposes over, across, on, under and through land situated within the County of Carver and State of Minnesota and legally described on the attached Exhibit "A ". INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain the public improvements over, across, on, under and through the easement premises, together with the right to grade, level, fill, drain, and construct a retaining wall on the easement premises, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of the public improvements. The above named Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are•well seized in fee title of the above described easement premises and that they have the sole right to grant and convey the easement to the City. r02/01/91 IN TESTIMONY WHEREOF, the Grantors hereto have signed this Agreement this 1 day of / //cz":_. .4.� , 1991.. • GRANTORS: l / I (L,t cif cz .- C!a �',f•! r _Le MARCIA L. SCHIFERLI, /k /a MARCIA L. WILL / n ` / ROBERT J. SCHIFERLr STATE OF MINNESOTA ) ) ss. COUNTY OF ' Ji- •k. ) The foregoing instrument was acknowledged before me this % s•'t- day of j,!1•;rl , 1991, by MARCIA L. SCHIFERLI, f /k /a MARCIA L. WILL, and her husband, ROBERT J. SCHIFERLI, to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. • • Notary Pu lic , • DRAFTED BY: _ - Campbell, Knutson, Scott " KAREN J. ENGELNARDT & Fuchs, P.A. NOTARY PUBLIC • Nv'TSOTA ton Drive, Suite 202 CARVER cous:TY 3460 Washin 5 � ►y , axp:re, 1044341 Eagan, Minnesota 55122 (612) 456 -9539 • • • • • • • • • • EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT PROPOSED CIIIMh SAC EASEMENT A permanent easement for street and utility purposes over and across thoses parts of,Lots 31 and 34 , "Minnewashta Park, Carver Co., Minn." lying within the circumferance of a circle having a radius of 60.00 feet. The center of said circle is the intersection of the center Line of Forest Avenue originally dedicated in the recorded plat of said "Minnewashta Park, Carver Co., Minn." and a line bearing North 33 degrees 55 minnutes 42 seconds East from Point "A" hereinafter described: Point "A" is described as being a point on the south line of said Forest Avenue distant 331.73 feet west .of as measured along said south line of Forest Avenue' from its intersection with a line drawn parallel with and distant 265.00 feet west of the east line of the West Half of the Northeast Quarter of the Northeast Quarter of Section 4, Township 116, Range 23. For the purpose of this description the south lint of said " Minnewashta Park, Carver County, Minnesota ", has an assumed bearing of Smith 89 degrees 33 minutes 49 seconds West. PROPOSED 40.00 FEET EASEMENT OVER LOT 31, "MINNEWASHTA PARK, CA1zVER CO., MINN." A permanent easement for ingress and egress purposes over and across the west 40.00 feet of the following described parcel. That part of Lot 31 , "Minnewashta Park, Carver Co. , Minn." lying easterly of a line described as follows: Commencing at a point on the south line of said Lot 31 distant 565.00 feet west of the east line of said "Minnewashta Park, Carver Co., Minn. ", thence northerly to a point -on the north line of said Lot 31 distant 331.73 feet west of as measured along said northerly line, from a line drawn parallel with and distant 265.00 feet west of the east line of said "Minnewashta Park, Carver Co., Minn." • • • TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE made this 02 day of , 1991, by and between MARCIA L. SCHIFERLI, /k /a MARCIA L. WILL, . and her husband, ROBERT J. SCHIFERLI, hereinafter referred to as "Grantors ", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ". • WITNESSETH: The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the City, its successors and assigns, a temporary construction easement over, on, across, under and through the land situated in the County of Carver and State of Minnesota, legally described on the attached Exhibit "A ". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon the execution of this Agreement and expiring September 30, 1992, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, inspecting, repairing and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the temporary easement property, subject only to the right of the City to use the same for the purposes herein expressed. The above named Grantors, for themselves, their successors, heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises and that they have the sole right to grant and convey the easement to the City. As a further consideration for this temporary construction easement, the City agrees that if it or any of its employees or agents causes any physical damage to the above described temporary easement premises or any other adjoining property owned by the Grantors which it does not restore to a condition as nearly as equal as possible to that which existed prior to the construction within a reasonable time after completion of that construction, the City shall pay the costs of restoring the damaged premises to a condition as nearly equal as possible to that which existed prior to construction. It is understood that in the removal of large trees, shrubs and other plants that a like replacement for those items removed during construction is not always possible. In such cases, compensation for the damaged or removed trees, shrubs, or plants will be based upon the value of the Grantors' entire premises before construction and the value of the premises after the construction has been completed. IN TESTIMONY WHEREOF, the parties hereto have signed this • Agreement the day and year first above written. • -2- GRANTORS: // i 4 j ,( ice MARCIA L. SCHIFERLI,` /k /a MARCIA L. WILL ROBERT J. SCHIFERLI i« GRANTEE: • CITY OF HANHASSEN : • / _ BY . L i� / Donal J. Ch 1 - Ma or (SEAL) BY: Don shwort?r; City Manager STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this .42 yam day of Ca , 1991, by Marcia L. Schiferli, f /k /a Marcia L. Will, Ahd her husband, Robert J. Schiferli, to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. 7 Nota y Pu lic STATE OF MINNESOTA KAREN J. ENGELHARDT l • NO TARY PUEUO - N.: v! :SOTA �� "" ) ss r�.sw CARVER COU'!TY COUNTY OF t,2�.c�cLA ) ) = oarn " " � 1046-91 The foregoing instrument was acknowledged before me this sP. -1,4-4. day of (L A..4A, , 1991, by Donald J. Chmiel and by Don Ashworth, respectively =he Mayor and Clerk /Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of•the corporation and pursuant to authority granted by its City Council. Not y Pu c cj DRAFTED BY: Campbell, Knutson, Scott • & Fuchs, P.A. 3460 Washington Drive, Suite 202 • Eagan, Minnesota 55122 KAREN J. ENGELHARDT (612) 456-9539 - NOTARY PUEUC - L ESOTA r my CA ml�Rwon CCOLI! t -3- EXHIBIT "A" A temporary easement for construction purposes over and across the east 20.00 feet of the west 60.00 feet of the following described parcel: That part of Lot 31, "Minnewashta Park, Carver County, Minnesota ", lying easterly of a line described as follows: Commencing at a point on the south line of said Lot 31 distant 565.00 feet west of the east line of said "Minnewashta Park, Carver County, Minnesota "; thence northerly to a point on the north line of said Lot 31 distant 331.73 feet west of as measured along said northerly line, from a line drawn parallel with and distant 265.00 feet west of the east line of said "Minnewashta Park, Carver County, Minnesota ". Said temporary construction easement to expire September 30, 1992. • • . r ; 0 411 . 4\ .‘‘ \\ COUNCIL of Metropolitan 'tee leagues LEAGUE M WOMEN VOTERS M MINNESOTA 0Z /F/ it-+C■pc4.,•uc-4-74f7J eteLZ;73 4 e:te, a vita � ,. i . d ,atrAt eu b tic.) , e a /Le e , ,roc_ 47- a• -4- / x1.--4Z" 1 4641 " 7—J. 4/-e-z-*-1--e4" Z- 4 gLfd - 7 90 / e yes sLN ft • LLOYD BENTSEN, TEXAS. CHAIRMAN SPARK M MATSUNAGA HAWAII BOB PACKWOOD OREGON DANIEL PATRICK MOYNIHAN. NEW YORK BOB DOLE. KANSAS MAX BAUCUS MONTANA WILLIAM V ROTH, JR DELAWARE DAVID L BOREN OKLAHOMA JOHN C DAN =ORTH, MISSOURI BILL BRADLEY NEW JEPSEY JOHN H NA PEE RHODE ISLAND United ����� ��� GEORGE J MITCHELL MAINE JOHN HEI NZ PENNSYLVANIA DAVID PRYOR, ARKANSAS DAVID DURENBERGER MINNESOTA DONALD W RIEGLE JR MICHIGAN WILLIAM L ARMSTRONG. COLORADO JOHN D ROCKEFELLER IV WEST VIRGINIA STEVE SYMMS, IDAHO TOM DASCHLE. SOUTH DAKOTA COMMITTEE ON FINANCE WASHINGTON, DC 26510-6200 VANDA B McMURTRY STAFF DIRECTOR AND CHIEF COUNSEL ED MIHALSKI. MINORITY CHIEF OF STAFF G 1.,., December 18, 1990 ,-„- Y �; ;,;•;,, _ =fin Joanne Olson City Planning Office 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Joanne; I am writing today to ask your help in making a "Minnesota contribution" to the writing of legislation on wetlands. This legislation will be part of the reauthorization of-the Clean Water Act, which will be written in the Senate during the 102nd Congress. As a member of the Environment and Public Works Committee, I have an opportunity to help influence the direction of that legislation. With your help, I'm hopeful my contribution will better reflect the wisdom and experiences of Minnesotans. You have already spoken with my legislative assistant in Minnesota, Karen Humphrey, about being a member of a Wetlands - Advisory Task Force. The first meeting of the task force will be held Tuesday, January 8, 2:00 p.m., in my Minnesota office: 1020 Plymouth Building, on the corner of 6th Street and Hennepin Avenue in downtown Minneapolis. I hope you will be able to attend. I have enclosed a list of those who have agreed to work on this committee. Also attending the meeting will be Jimmie Powell, senior staff member of the Senate's Environment and Public Works Committee, who will be the committee's principle architect of the Clean Water Act. I look forward to joining you for a portion of the meeting. This task force needs to identify the specific wetlands issues and develop a set of principles that should be followed in wetlands policy in the Clean Water Act. The task force will also review the legislation once it is drafted and suggest improvements that may be made. Through a summer of wetlands f ^rums and on -site visits, I have learned that there are many pa and pieces and goals to- attain in wetlands legislation. Fol example, the definition of wetlands needs to be worked into something that is understandable and agreed upon by everyone involved. Many agencies have apiece of the wetlands pie, and we need to provide a means so that government mandates. And we need-to heal the divisiveness between rural and urban /suburban populations on wetlands issues. Wetlands are a valuable, and a vanishing resource. I thank you for accepting this inviation to participate in the wetlands effort, and to get the best possible advice from Minnesotans on these important issues. Please - 1 Karen Humphrey in my Minneapolis office, 370 -3382 or 1 8.'- 752 -4226, to RSVP and if there are any questions. •incere , Dave Duren•erger United States Sena or DD /kah SEMINAR MATERIALS Each Seminar attendee will receive a bound set of outlines prepared by the speakers specifically for this Conference which will be invaluable as a future reference. In addition, all registrants will also receive at no charge this excellent single- volume treatise published by Clark Boardman Co.: LAWOF ,. .. WETLANDS _ '-� . ¢x+24 , t elf'' x . K ,,,, t = -- REGULATION �yi P C� 1 Sa 3 h„.. � �z 1 B William L want, F.4q V t✓ 1 Looseleaf Volume - - _ , ` ` ♦ : t .. Published 1989, Revised Annually A }_,,,. � ir' ' .`'�t' A Cost $110 ' 1 - I 'g` -- ' About the Author: z - _ ': - Wiliam L Want is an attorney in s - �a tf'� r t �� Y , r _ Charleston, SC, specializing in ::.." �{ �: environmental law. He is chairman of the South Carolina Bar Subcommittee _•-. 4 =, > -- on Hazardous Wastes, and an instructor -° .~ - '"- ,- on wetlands at Corps of Engineers "- training courses. Mr. Want was a i"` senior trial attorney in the Justice , Department where he handled some of - Y the first wetlands enforcement cases in the country. CONTAINS DETAILED COVERAGE OF BOTH FEDERAL AND STATE LAW: Divided into federal and state law sections for ease of reference, Law of Wetlands Regulation details all pertinent judicial decisions and agency regulations. The federal portion of the treatise proceeds sequentially through topics, integrating discussion of agency regulations and judicial decisions. Included are the roles of the Corps of Engineers and the Environmental , Protection Agency, wetlands jurisdiction, exemptions from regulation, the permit process, mitigation, judicial and administrative enforcement, and litigation criteria. The state portion of the treatise describes state wetlands laws and state laws implementing the federal Coastal Zone Management Act. This single- volume is written in simple, straightforward language for lawyers, developers, ecologists, consultants, planners, real estate professionals - anyone facing questions or litigation in this increasingly complex field. M I F YOU CANNOT ATTEND. . . You may order a Homestudy Course containing a compl video transcript of the Seminar plus a set of the bound outlines and William Want's book Law of Wetlands Regulation for $495 plus $10 for shipping and handling. The treatise Law of Wetlands Regulation only is available for $110 plus $5 for shipping, and a set of the course outlines is available for $75 plus $5. To order, simply mail the completed Registration /Order Form with your payment to CLE International, 2001 Federal Boulevard, Denver, CO 80211, or fax the Form with your Visa/MasterCard information to (303) 480 -1126, or call CLE International with your credit card information at (303) 480 -0055. CLE { NIETLAND S - CRITICAL LAND USE AND REAL ESTATE . DEVELOPMENT ISSUES A DETAILED, UP -TO -DATE SEMINAR •Current Federal /State Policies FOR LAWYERS, LENDERS, AND •Permitting REAL ESTATE AND BUSINESS PROFESSIONALS •Mitigation . EXPLORING CURRENT AND EMERGING •Identifying Wetlands ISSUES ON THE USE AND DEVELOPMENT •Negotiating Wetlands Acquisition OF WETLANDS, INCLUDING: •Developing Wetlands •The 'Takings" Controversy •Avoiding Liability •Enforcement Sanctions Tuesday and Wednesday, November 13 -14, 1990 The Minneapolis Marriott Hotel Bloomington, Minnesota - 5 FREE TO ALL SEMINAR REGISTRANTS: In addition to the Course Outlines, all Registrants will receive, at no charge, this excellent hard -bound treatise on the Law of Wetlands Regulation by William L Want and published by Clark Boardman Company. :. - -- CLE INTERNATIONAL • WETLANDS CRITICAL LAND USE AND REAL ESTATE DEVELOPMENT ISSUES A DETAILED, UP -TO -DATE SEMINAR •Current Federal /State Policies FOR LAWYERS, LENDERS, AND •Permitting REAL ESTATE AND BUSINESS PROFESSIONALS •Mitigation EXPLORING CURRENT AND EMERGING •Identifying Wetlands ISSUES ON THE USE AND DEVELOPMENT •Negotiating Wetlands Acquisition OF WETLANDS, INCLUDING: •Developing Wetlands •The "Takings" Controversy •County and Municipal Regulations •Civil and Criminal Enforcement Tuesday and Wednesday, November 13 -14, 1990 The Minneapolis Marriott Hotel Bloomington, Minnesota • CLE INTERNATIONAL 2001 Federal Boulevard BULK RATE Denver, CO 80211 U.S. P PERMIT 3699 DENVER, CO e1990 CLE International CLE INTERNATIONAL FACULTY Rebecca A. Comstock, Program Co- Chair, is a partner at Lawrence A. Laukka is president of L. A. Laukka the Minneapolis law firm of Dorsey & Whitney where she Development, Inc. in Edina. He has been involved in chairs the firm's Environmental and Regulatory Affairs design, development, construction and marketing of more Department. She has lectured extensively on than 6,000 dwelling units and homesites. He has held environmental issues, is a member of the Natural numerous positions in professional and civic organizations Resources Section of the American Bar Association and -and has lectured at the University of Minnesota and at a founding member of the Environmental and Natural many seminars. Resources Section of the Minnesota Bar Associations. Among her public..zions is "Wetlands in Minnesota" Mary P. McConnell of the law firm of Lindquist & (1989). Vennum, Minneapolis, practices primarily in environmental law and serves on the Board of Directors Ben A. Wopat, Program Co- Chair, holds the position of of the Metro Wetlands Forum. She is former wetlands Chief of the Regulatory Branch for the St. Paul District biologist in the U.S. Army Corps of Engineers regulatory of the U.S. Army Corps of Engineers where he is program and an Assistant Dakota County Attorney responsible for managing the Corps' regulatory program specializing in environmental law. throughout the states of Minnesota and Wisconsin. Ron Nargang is Director, Division of Waters, Minnesota John P. Borovsky, project manager for Barr Engineering Department of Natural Resources. He served as Co., Bloomington, specializes in mitigation and ecological Executive Director, Lake County Soil and Water impacts resulting from construction activities or natural Conservation District (Chicago metro area) before coming catastrophe. He has served on two National Academy of to Minnesota as Assistant Director (later Director) of the Sciences panels on environmental impact of mining Soil and Water Conservation Board. activities. Jo Ann Olsen is Senior Planner for the City of Doug Ehorn is Deputy Chief, Water Quality Branch, of Chanhassen. She earned her Bachelor of Science degree the U.S. Environmental Protection Agency, Region V, in from Michigan State University and her Master of Urban Chicago. Planning degree from the University of Michigan. Linda H. Fisher of Larkin, Hoffman, Daly & Lindgren in Gregory E. Peck is Chief of the Enforcement and Bloomington practices largely in the field of Regulatory Policy Staff of the Office of Wetlands environmental issues. She has chaired the Environmental Protection of the U.S. Environmental Protection Agency Law Committee, Hennepin County Bar Association, and in Washington, D.C. The Staff is responsible for served on a Metropolitan Council Task Force on developing and implementing environmental regulations, Emission Density Control. guidance and policy for the EPA's Section 404 Regulatory Program. Richard J. Hanna is Administrator for Environmental Planning, Land Use and Natural Resources for Blue Ronald P. Peterson is Vice President in charge of Earth County and the City of Mankato. He chairs the Environmental Services at Westwood Professional Technical Advisory Committee of the South Central Services, Inc., a Twin Cities -based consulting firm. He is Minnesota Counties Comprehensive Water Planning both an attorney and a wildlife biologist with 10 years Project and is current president of the Minnesota experience in wetland delineation, permitting and Association of County Planning and Zoning mitigation design. Mr. Peterson is the current Chair of Administrators. the Metro Wetlands Forum. Charlene Hauger is Chief of the Wisconsin Permit Ted Rockwell is the Director of the Twin Cities office of Analysis Section for the St. Paul District of the U.S. the U.S. Environmental Protection Agency. He has been Army Corps of Engineers. She is responsible for with the Agency 12 years and has been involved in managing the Corps' regulatory program in Wisconsin. wetlands research for 20 years, working from Florida to Alaska and Canada. Elizabeth A. Kunkel of BRW, Inc., a Minneapolis consulting firm, has spent the last half decade working on John L Stine is the regional hydrologist for the environmental issues, specializing in technical information Minnesota Department of Natural Resources responsible on wetlands, vegetation, wildlife, farmlands and rare, for the Division of Waters programs for the Twin Cities threatened and endangered species for environmental metro area. He has extensive experience in the areas of impact statements and assessment worksheets. She is the water - related permits, flood plain, shoreland, and wild editor of Marsh Memos, a comprehensive newsletter on and scenic river management. wetlands issues. Franklin J. Svoboda, wildlife biologist with Barr Thomas A. Larson heads the Construction Law Section Engineering Co., has managed numerous wetland of the law firm of Briggs & Morgan, Minneapolis/St. management projects and pioneered a special application Paul. He is former District Counsel, U.S. Army Corps of of aerial photography to review wetlands. He has written Engineers, St. Paul. He has written and lectured on extensively on wetlands issues. He has been a private environmental law topics and is an Adjunct Professor at lands habitat consultant and served state agencies as a William Mitchell College of Law. consultant on wetlands and wildlife matters. WEDNESDAY NOVEMBER 14 990 9:00 - 9:30 Use of Consultants and Experts Rebecca A. Comstock, Esq., Program Co -Chair •Selection and Costs Dorsey & Whitney •Identifying Wetlands Minneapolis •Reports, Maps •Negotiating Agency Approvals 9:30 - 10:15 State Regulation of Wetlands Ron Nargang •Wetlands Classification and Identification Director, Division of Waters . •Regulation of Wetlands MN Department of Natural Resources •State Wetlands Legislation St. Paul •Interaction with Federal Law 10:15 - 10:30 Break • 10:30 - 12:00 Current and Projected Impacts of Lawrence A. Laukka, President Wetlands Regulations on L. A. Laukka Land Development, Inc., Edina Real Estate Development - Mary P. McConnell, Esq. • A Panel Presentation: Lindquist & Vennum, Minneapolis' Ronald P. Peterson, Esq., VP 12:00 - 1:30 Lunch Break Westwood Professional Services, Inc., Eden Prairie 1:30 - 2:15 Developing Wetlands - Values and Mitigation Ted Rockwell, Director *Wildlife Habitat; Open Space Minnesota Operations Office •Water Purification U.S. Environmental Protection Agency, Region V, St. Paul •Mitigation Planning and Elizabeth A. Kunkel •Mitigation Successes and Failures BR W, Inc., Minneapolis 2:15 - 3:00 Negotiating Wetlands Developments and Acquisitions Linda H. Fisher, Esq. •Negotiating Strategies Larkin, Hoffman, Daly & Lindgren *Understanding Regulators' Policies Bloomington •Enhancement Mitigation 3:00 - 3:15 Break 3:15 - 4:00 The " Takings" Controversy Thomas A. Larson, Esq. Briggs & Morgan Minneapolis /St. Paul 4:00 - 5:00 Innovative Solutions to Wetland Problems - A Pane! Presentation: Members of the Faculty INFORMATION PROGRAM: This timely and important Seminar is designed to COURSE CREDIT: This Seminar meets all requirements for familiarize lawyers, lenders, real estate and business professionals continuing legal, real estate, and professional education and has with crucial issues involving the impact of wetlands on real been approved by the Minnesota Board of Continuing Legal estate development under today's complex and stringent laws and Education for 125 hours of credit and for 12.5 hours of changing regulations. A distinguished faculty of lawyers, state Continuing Real Estate Education Credit by the Minnesota and federal regulators, developers and experts with extensive Department of Commerce. Please contact CLE International for experience in dealing with wetlands and real estate development accreditation of this program in your jurisdiction. issues will provide concise and current information. HOMESTUDY PACKAGE CLE International will offer a WHO SHOULD ATTEND: Since virtually all development and complete video cassette transcript of the Conference, including construction projects are now subject to wetlands regulations, this all course outlines and William L Want's treatise "Law of Conference will be helpful to all lawyers and legal staff as well Wetlands Regulation," for $495 plus $10 shipping and handling. as lenders, landowners, real estate and natural resource The course outlines alone are available for $75 plus $5, and the developers and managers, farmers, consultants, brokers and book "Law of Wetlands Regulation" only is available for $110 others involved in construction and site selection. plus $5 shipping. REGISTRATION: Advance registration is recommended. Full SEMINAR LOCATION: The Seminar will be held at the payment of the tuition must accompany your registration. You elegant Minneapolis Marriott Hotel, I-494 at Cedar Avenue, are encouraged to mail in your registration as soon as possible Bloomington. A block of rooms at the special nightly rate of since enrollment is limited. Walk -in registrations will be $ single or double has been set aside for a limited time for accepted subject to space availability and it is recommended that Seminar attendees. For room reservations, please call the Hotel you call CLE International at (303) 480 -0055 to make sure that di°.i.tly at (612) 854 -7441. - space is available. CANCELLATION POLICY: Full refunds (less a $25 REGISTRATION BY PHONE OR FAX Simply call in your administrative charge) will be given to registrants if notice of registration or book order with your credit card information to cancellation is received by 5:00 pm on the Friday preceding the 1(800) 873 -7130 (toll -free) or fax the Registration/Order Form Seminar. Substitutions may be made at any time. to (303) 480 -1126. SPONSOR CLE International is a non - profit educational TUITION: .721e Seminar fee of $495 per person (or $470 each institution organized to provide quality professional continuing for three or more registrants from the same firm) includes education. CLE International has been granted accredited attendance at all sessions, coffee breaks, all course outlines, and sponsor status by most jurisdictions having mandatory education the treatise LAW OF WETLANDS REGULATION requirements. TUESDAY NOVEMBER 1 3 1 990 8:00 - 8:30 Registration 8:30 - 9:15 Introduction to Wetlands Franklin J. Svoboda *What is a Wetland? Barr Engineering Co. •Implications of Wetlands on Bloomington Real Estate Development - 9:15 - 10:00 Overview of Federal Wetlands Regulation Ben A. Wopat, Program Co -Chair •Historic Development of Wetlands Chief, Regulatory Branch •The Clean Water Act U.S. Army Corps of Engineers •Role of the U.S. Army Corps of Engineers, St. Paul EPA, other Legal Programs and Agencies •Current Policy: "No Net Loss" •National Wetlands Policy Forum, November 1989 10:00 - 10:15 Break 10:15 - 11:00 EPA/Army Corps of Engineers Memorandum. Gregory E. Peck, Office of Wetlands Protection of Agreement on Mitigation, February 7, 1990 U.S. Environmental Protection Agency *Impact on Wetlands Development Washington, D.C. •Mitigation Banking 11:00 - 11:45 The Consultant's Role John P. Borovsky Barr Engineering Co. 11:45 - 1:00 Lunch Break Bloomington 1:00 - 1:45 County Regulation of Wetlands Richard J. Hanna, Administrator •Zoning Ordinances and Policies Environmental Planning & Land Use •Permit Evaluation Criteria Blue Earth County and City of Mankato •Public Involvement Mankato *Role of County Officials •Administrative and /or Judicial Appeals Process •Program Effectiveness and Deficiencies 1:45 - 2:30 Municipal Regulation of Wetlands Jo Ann Olsen •Zoning Ordinances and Policies Senior Planner •Permit Evaluation Criteria City of Chanhassen *Who Makes Permit Decisions Chanhassen •Enforcement Sanctions 2:30 - 2:45 Break 2:45 - 3:45 Federal and State Regulatory Programs Charlene Hauger, Chief, Permit Analysis Section •Regulatory Program Overlap and Distinctions U.S. Army Corps of Engineers, St. Paul •Permitting Processes and John L Stine, Regional Hydrologist MN Department of Natural Resources, St. Paul 3:45 - 4:15 Enforcement Sanctions Doug Ehom *Prosecution Priorities Deputy Chief, Water Quality Branch *Administrative Assessments U.S. Environmental Protection Agency, Region V •Civil Actions and Criminal Penalties Chicago •Recent Case Law and Administrative Decisions 4:15 - 5:00 Questions and Answers - Panel Discussion Members of the Faculty REGISTRATION K — — —^ P "ts lease register t� be held November 13 and 1 in Bloomington: Name: 4-1 Name: l 'flick-1644r '1CUt tVl U Name: - t'O Kt�tol� -t Firm: t 1 41..e, Street: P6V-V.,0 Tb 0 ,s.1c... ter At LPL- : City: �Et�ltia OH oust 1.41DTI -10 If You Cannot Attend: 01.01H41L �� to my Visa/Master /Card: tsa 1,g.Vt rc lAtsp +b,y ss Check Here to Order Complete Check Here to Order Set of Se p.m ?OY- ( r•8 !-1GjW0:41e 1_ _ Check Here to Order Law of 1 1 t J�At. r 1 0,—.1 Mali and Make Check Payat reg- Ytomerti-l6 11-W 1 i75. ulevard, Denver, CO 80211 Or Far to (303) 480-1126; Ot s..ass atowl •y - sa --�- •-�-w - - -•_ .... __it Card Information Ready)