Administrative Section 1 _
ADMINISTRATIVE SECTION
Letter from Jo Ann Olsen dated March 26, 1991.
Memo from Scott Harr dated March 25,- 1991.
Photos from Metro Monitor, March-April Issue.
Memo from Scott Harr dated March 25, 1991 and attachments.
Memo from Paul Krauss dated March 21, 1991.
Letter from Robert Lindall dated March 26, 1991 and attachments.
Letter from Scott Harr dated March 26, 1991 and attachment.
Future City Council Agenda Items for Engineering.
Letter from Charles Folch dated March 29, 1991.
Letter from David Hempel dated April 2, 1991.
Letter from Gary Fuchs dated March 29, 1991.
Memo from Paul Krauss dated April 3, 1991.
Letter from Becky Kelso dated March 19, 1991.
ILetter from Joel Jamnik dated March 29, 1991.
House Research Wetland Enhancement & Protection Bill Summary,
dated March 20, 1991.
Memo from Paul Krauss dated April 3, 1991.
Letter to Mr. Gordon Voss dated April 3, 1991.
H.R.A. Accounts Payable dated April 8, 1991.
Letter from Paul Swenson dated April 2, 1991.
Letter from Elliott Knetsch dated April 2, 1991.
'Letter from Matt Ledvina dated March 26, 1991.
ILetter to Mr. Dick Smith dated April 2, 1991.
Letter to Mr. & Mrs. John Schevenius dated April 3, 1991 and
attachment.
Letter to Ms. Delores Ziegler dated April 2, 1991.
' Letter to Mr. and Mrs. Jon Willson, Sr. dated March 25, 1991 and
attachments.
I
11
1i
1
1
1
1
1
1
i
1
1
1
1
1
1
1
1
1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O.BOX 147• CHANHASSEN; MINNESOTA 55317
(612) 937-1900* FAX (612) 937-5739
1
' March 26, 1991
Mr. and Mrs. Thomas Lehmann
330 Sinnen Circle
' Chanhassen, MN 55317
Dear Mr. and Mrs. Lehmann:
Thank you for your letter regarding the Kerling variance request
for a deck. Your letter was submitted to the City Council for
• their consideration. There were several issues affecting this case
' going back to 1989, and after reviewing all of the facts, the City
Council denied the variance. We felt that you might be interested
in the history of the case and why the variance was denied.
Attached for your review is the report, the City Council minutes
11 and the Board of Adjustments and Appeals minutes.
Should you have any questions regarding the variance, please feel
free to contact me at 937-1900.
Sincerely,
Jo Ann Olsen
Senior Planner
JO:k
Enclosure
cc: Don Ashworth, City Manager
Mayor and City Council, Administrative Section
1
ji
di
t
Mr. & Mrs. Tom Hansen
331 Sinnen Circle
Chanhassen, MN 55317
Mr. Mark Nicpon
341 Sinnen Cicle
Chanhassen, MN 55317 ,
Mr. & Mrs. David G. Latzke 11 311 Sinnen Circle
Chanhassen, MN 55317
Mr. Bruce Boje
8193 Marsh Drive
Chanhassen, MN 55317 1
Mr. & Mrs. John Noren
8160 Marsh Drive
Chanhassen, MN 55317
Mr. & Mrs. Richard E. Hamblin
340 Sinnen Circle
Chanhassen, MN 55317
Mr. & Mrs. Michael J. Kelly
8138 Dakota Lane
Chanhassen, MN 55317
Mr. Drew Wright
320 Sinnen Circle
Chanhassen, MN 55317
Ms. Kim Heikkinen
301 Sinnen Circle
Chanhassen, MN 55317
•
Mr. Bill Streepy
321 Sinnen Circle
Chanhassen, MN 55317
Mr. and Mrs. Thomas Lehmann -
330 Sinnen Circle '
Chanhassen, MN 55317
I
CITY of
...
, ,
1 „ . •,7 .- .
. ' ..- 1 itl CHANHASSEN
, ,, ,
. ..,
-- a s s
r. . ,. 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
=' (612) 937-1900 • FAX (612) 937-5739
IIMEMORAND '
TO: Mayor Don Chmiel
II City Council
Don Ashworth, City Manager
9
Public Safety Commission
IFROM: Scott Harr , Public Safety Director
DATE: March 25 , 1991
ISUBJ: Special Drug Task Force Meeting
IThis memo is to let you know that the Southwest Metro Drug Task
Force has scheduled an informational meeting for city officials
Ion Wednesday, May 8, 1991 at 7 PM. The purpose of this meeting
will be to update city officials on the present status , as well
as the future of the Task Force.
11 This meeting will differ from the recent joint Public Safety
Commission/City Council in that it will not be on information
about the efforts of the Task Force per se, but directed at
I providing information about the future of the Task Force, with
1992 budgeting in mind. With all the concerns that government
has regarding budgeting, we do wish to address these issues
early on.
I
I do believe that the Task Force plays an important part in the
overall delivery of public safety services to our community. As
I start to anticipate the budgeting process for ' 92, I certainly
want to keep all of you advised as to why I am considering the
areas to remain involved in.
I .
While it is not necessarily required that we have the entire
Council and Commission present at this meeting, I think it would
be worthwhile for any of you that are interested to attend. If
I
you are interested & able to attend, would you please contact me
at your convenience to let me know? I will , in turn, let you
know where the meeting will be and keep you posted as to develop-
!' ments ( I believe it will be at the new Chaska Community Center,
but this is in the process of being confirmed) .
III look forward to hearing from you soon.
cc: Chief Rick Young, South Lake Minnetonak PD
Sgt . Bill Hudson, South Lake Minnetonka PD
19 5 i4201..., ,CC /vw�
Marc .Apr
� y ow !N y 1t•w
C /giS Vg f1*'14
77 01.K SA r•i'rS"d a1 `� �': a :• , ?bpi rIsz ' -
�p 4 p� f
.' , ,,' , , ; 'Ark rt, , ,
,, , ve .' ,4, 44, „ S , • , ' . 1 4..' ;,t,.. ''' X ,
" `' ^RF. ,A, ,,,, ir� ;, ! �, t
• .,irmob, „,� ;j fL
� a
4i4ti, _ .
,1/4
it,
Y," '�M a��bl� " f A,If Y�[" { , .„ `rsn„,oi,;40,,, ,‘s .. : , ,,,-...: 4 % :. , . 0. i ,.,. -01,,,,,t , 00 z , , , .,„,, , , / ,,,1 4,
[s;,e✓ kf ty✓,k.. ., ey �� •Y', �• 'Y V ���•` y � � .• ,r ” k yiGx .F ✓o ��``r' �r'� �p,. `e� F,'•k�A,>k
r-£
°
,;v,,%, ',''� , yA # ,-,,ft, {w 4ay 4 t S� Y g yY a.r dr
•
•
A y J
Y tn,e r
" Speakers say—•
f xh ..., ►r' , Public needs more •
. . .
•
, , ..,. ,,
voice in satin issues
) ,
,, ,, • g
a
3 i ',,,r, How much influence does the public Consequently, poor and minority com-
� , have on plans to site facilities such as land- munities often end up,accommodating a
fills and incinerators in their disproportionate number of those facilities.
neighborhoods? "Minority and poor comtt�unities are
Not much, if you consider the public to always the dumping ground for things that
`` be people who are not elected officials and nobody else wants in their communities.
•
; ' f do not sit on the planning boards and corn- This is unacceptable," Baker-Kent said.
�'`'` mittees that make those decisions.
! r,"1,. This conclusion was offered by two
r
' speakers at the Metropolitan Council's 4
Y,X State of the Region event in February. , +►•111111
Mlle sermon Pro m. , ":�'".. r —
1
! CITY OF
CHANHASSEN
! ^ , 690 COULTER DRIVES P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
i
TO: Don Ashworth, City Manager
! FROM: Scott Harr , Public Safety Director
DATE: March 25 , 1991
SUBJ : RPZ Backflow Preventer Inspections
This memo is to follow up on our discussion on 3/22/91 regarding
inspections of Reduce Pressure Zone Backflow preventer (RPZs) .
! While Carl has done an excellent job of outlining this issue in
the attached memo, let me summarize by stating that we are now
required pursuant to State Statute to implement a formal testing.
program per the Minnesota Department of Health. In fact , this
requires nothing more of us than establishing a program to follow
up and inspect . We are planning to use the existing plumbing fee
' schedule to help cover the cost of this programming.
Per our verbal discussion, we will immediately implement this
! programming. If you have any further questions , please feel
free to contact me. Thank you.
cc : Steve A. Kirchman, Building Official
Carl Barke, Mechanical Inspector
I
i
1
!
1
i
:. CITY OF
1
,_1
,11 - CHANHASSEN
. _-,-,..A,‘ _., ,.f: --- ,-,-
Itr(
-7,...-,;, --� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
-,4-;..aliew (612) 937-1900 • FAX (612) 937-5739 1
MEMORANDUM 1
TO: Scott Harr , Public Safety Director
FROM: Carl Barke, Mechanical Inspector I
DATE: March 8 , 1991
SUBJ : RPZ Backflow Preventer II
The purpose of this memo is to inform the City of Chanhassen 1
about new language added to the Minnesota Plumbing Code regarding
the installation, testing and repair of Reduced Pressure Zone
backflow preventers . In view of the new rules , the Building 1
Inspection Division recommends the city implement a formal
testing program as required by the Minnesota Health Department .
We would also recommend a permit fee to cover the administrative
II
costs of the program.
What is an RPZ. Backflow Preventer? 1
Reduce Pressure Zone (RPZ) Devices are used to protect the
potable water system against all types of cross connection which
II
includes back pressure , back siphonage and backflow. The RPZ is
considered to be the most effective all purpose backflow preven-
tion device on the market today. It is also the most complex
II
backflow preventer which requires more maintenance to insure it
is functioning properly.
Due to the initial cost of the RPZ backflow preventer and the 1
maintenance costs , they are generally used only where other means
of backflow protection would not be acceptable. More commonly
used methods of providing backflow protection would be air gaps
II
(a means of providing a physical air gap between the outlet and
the contaminating source) ; vacuum breakers ; and check valves
with atmospheric vents . None of these other backflow preventers
II
would require annual testing or repair .
The number of estimated RPZ installations in Chanhassen is less
than 50 . Of these, less than a dozen have been installed for
II
residential use. Many of the commercial and industrial buildings
have several RPZs installed with as many as five or more.
I/
1
Scott Harr
March 8 , 1991
' Page 2
' In recognizing the importance of the RPZ devices and their
complexity, the Minnesota Department of Health recently prom-
ulgated legislation that brought about regulations requiring
testing, repairing and rebuilding of RPZ devices . These regula-
tions became part of the Minnesota Plumbing Code in July, 1990 .
Briefly, these regulations include:
A. All RPZ devices must be tested annually and rebuilt every
5 years .
B. Only persons certified by the Minnesota Department of
' Health may perform the test .
C. Any repair or rebuilding of the RPZ devices shall be done
by a certified licensed plumber .
' D. The Administrative Authority must be notified before the
installation of a RPZ device.
E. Written records of testing and maintenance must be main-
tained and submitted to the Administrative Authority.
F. The Administrative Authority having jurisdiction shall be
responsible for administering the program.
In order to conform with the new plumbing codes , and to bring the
City of Chanhassen into compliance, the Inspections Division is
orchestrating a program utilizing the computer to compile a list
' of RPZ installations and a method of pretest notification with a_
follow up data update based on the test results submitted from
the contractor .
Based on general discussion at monthly area inspection meetings ,
most cities are requiring permits for testing and repair/rebuild
procedures . The Inspection Division is recommending we require a
permit based on existing fees to help cover the cost of notifica-
tion, file updating and the necessary inspections .
Enclosed you will find copies of the owners notification, com-
puter data base, test report , and a current plumbing permit fee
schedule.
cc: Steve A. Kirchman, Building Official
Randy Debner , Mechanical Inspector
1 -
11
r
CITYOF 1
.4-,..
0
cHANHAssEN
, . _ _ J , . ,:,,,
N,,,,k)okr, .: . ,,..._.
I
,,, , .,.. '-
•
1,�}� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
` (612) 937-1900 • FAX (612) 937-5739
I
MEMORANDUM
TO: All Plumbing Contractors I
FROM: Building Inspection Department
DATE: January 9, 1990 II
SUBJ : Increased Plumbing Fees
II
Effective February 16 , 1990, there will be an increase in the II plumbing permit fees . The new fee schedule will be:
RESIDENTIAL
Definition: Single and double family dwelling. R-3 . I
Base PermitFee $20. 00
Surcharge :S Tax) .50
Per Fixture Charge 8.00
II
R. I . Openings 8 .00
1
COMMERCIAL
Definition": :--Ail.=buildingstnot; classified as residential . I
• Base Peimt� ;Fee $40."00"
'*u urcharge (Tax) .50 II
Per Fixture Charge 12.00_
R. I . Openings;, 9 .00
Additional Openings 9 .00 I
II
I
II
II
I
OWNER: CITY OF C I,
HHNHEEEN
IISTREET: izci0 COULTER DRIVE F . O. BOX 147
I CITY: CHANHASSEN MINN
WENZEL MECHANICAL
PERMIT #: 2723 INSTALLER: L. B.P. MECHANICAL
IMODEL #1: WILKINS 575 2" #4: FEBCO S25YRP 1 1/2"
#2: FEBCO 805Y 2" #5:
#3: FEBCO 805Y 2" #6:
ISERIAL #1: W4c/5e90 #4: 87041
#2: 1724 #5:
#3: X0569 #6:
LOCATION #1: WEST 78TH ST. BY CLOCK TOWER
#2: 901 LAFE DRIVE BY TENNIS & BALL FEILD
#3: WEST 78TH ST. & GREAT PLAINS BLVD BY SIDEWALK
#4: 6Q0 COULTER DRIVE IN MECHANICAL ROOM
•
#5:
#6:
CERTIFIED BY: BRIAN FLAGARE DATE CERTIFIED: 8/3/%7,0
NEXT CERTIFICATION DATE: 5/1/Q1 •
• REBUILT BY: NEW INSTALLATION REBUILD DATE: 5/1/95
INSPECTION REPORT
IIDATE BY COMMENTS:
8/3/90 CB #1,2,3, 4,01<
1 •
1
1
1
CITY OF CHANHASSEN
690 COULTER DRIVE P. U. BOX 147
CHANHASSEN MINN '
RE: MANDATORY INSPECTION OF REDUCED PRESSURE ZONE BACKFL±'W
PREVENTERS
Dear CITY OF CHANHASSEN, '
The City of Chanhassen records indicate that you may have one
or more reduced pressure zone backfl ow preventer-s (RPZ) on
your property. This device is installed in a water line
serving any potential water contamination source such as lawn
irrigation or processing equipment.
The Minnesota Department of Health requires that all RPZ
baci::f1ow preventers be tested annually and be rebuilt every
five (5) year-s. Only persons certified by the State
Department of Health may perform the required tests. Any
rebuilding or repair of a RPZ device must be done by a
Licensed Plumbing Contractor-. The regulations further state
that cities are responsible for administering the program.
YOUR RPZ BACKFLCIW PREVENTER IS DUE FOR: '
TESTING REBUUILD
Please contact an approved plumbing contractor to perform the
required test or repair-. Testing must be completed with
results submitted to the Inspections Division by 5/1/91.
Permits will only be issued to Licensed Plumbing Contractor-
The permit fee shall be based on the current plumbing fee
schedule.
Any further questions please contact the Building Inspections ,
Division at 937-1900.
Sincerely, '
Steven A. Kirchman, Building Official
cc: Public Safety Director I
I , '
CITY OF
1 ..„
ClIANHASSEN
.,. . ,
r..---;---- 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
I -:. `-' .-- ..4110-,
,.,.., .).-.,.. (612) 937-1900 • FAX (612) 937-5739
---
1111
I SITE ADDRE3S
ZIP
IOCCUPANT
TEL. NO. T7 DATE
IDEVICE MAKE ,L:.:D ■.;ODEI., SIZE S •:AL No.
IDEVICE LOCA.:I C%
I ) .
DEVICE sav::, •,'-'27' S ":7E.1
I
C.:D2.: CHECK -
PR . DIF. P.R. . DIF.
ACROSS #1 1•13-IEN R ELI L--- STRA IN
VAL,i.: #1 VALVE #2
CHECK OPENS
I TEST
I
LE.AKED ( ) LEAKED ( )
na4E ( )
BE'FORE
psi psi
CLOSED ( ) CLOSED ( )
RF2AIRS
..
FINAL • -
TasT r CLOSD ( ) I CLOSED ( ) 1 psi psi
--
DESCRIBE
RF:PA IR
•
1 CERTIFICATIM:
leI-her-eby-cert-ify-the-Iorego-ing-data-to-be-c-orrect-and--that the tested device is
functioning within the limits of the standards.
FIRM PAIS
ADDRESS .
IBY-______________- TESTER'S CERTIFICATION NO. TEL. NO.
SIGHArt loc n.c nftt-0,.....-...-.... ....- -
1111
4,CITY O F cc, -yam- 1
�� 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
(612) 937-1900 • FAX (612) 937-5739
1
MEMORANDUM L
TO: Don Ashworth, City Manager F•
3/2.1f91
r
FROM: Paul Krauss, Planning Director P L.
i
DATE: March 21, 1991
SUBJ: Vacation 1
I will be on vacation from March 23 through March 31. I also plan 1
to be -out of town from June 22 through July 7 to attend my sister's
wedding. Both Jo Ann and I will be gone between July 1 and 5.
This week is shortened by the July 4th holiday. In addition, there
I
are no scheduled Planning Commission or City Council meetings
during this week.
1
1
1
•
1
1
1
1
I
1
II
' SOUTHWEST CORRIDOR TRANSPORTATION COALITION, INC.
470 Pillsbury Center
Minneapolis, Minnesota 55402
612-337-9300
RECEIVED
March 26 , 1991 MAR 2 71991
GITY yr wr,,,,vnASSEN
Sen. Dave Durenburger
154 Russell Senate Office Building
Washington, D.C. 20510-2301
Re: March 25, 1991 Meeting of Coalition
•
Dear Senator Durenburger :
' Thank you very much for taking the time out of your busy schedule
on March 25, 1991 to attend a meeting of the Southwest Corridor
Transportation Coalition and to speak to us about the Surface
Transportation Act of 1991. Hopefully, it will be possible for
the Coalition to find a way to obtain funding for the Coalition' s
Demonstration Grant application for fiscal year 1991/92 within
the proposed new framework.
As you know from your previous involvement on the Coalition' s
' behalf, construction of a new U.S. Highway 212 from Interstate
494 in Eden Prairie to Cologne is one of the Coalition's
principal reasons for existence. We need to find a way to
' deliver farm to market traffic from western Minnesota and the
Dakotas to the metropolitan area without burdening existing
Highway 212 and Highway 5. A grant application will be arriving
in your office within the next few days. Its purpose will be to
' help fund design of the segment of the road between Lyman
Boulevard in Chanhassen and TH 41 in Chaska. We hope to enlist
the support of the remaining members of the Minnesota
Congressional delegation in the same manner as they did last
year.
Thank you again for joining us on March 25 and for your continued
efforts on our behalf.
Yq very truly,
1 4
R indall 0" iidk-057
� 2�
President
RJL/lmb
cc: Board members
Gina Baas
Gene Ranieri
t
1
1
SOUTHWEST CORRIDOR TRANSPORTATION COALITION, INC. 1
470 Pillsbury Center
Minneapolis, Minnesota 55402
612-337-9300 '
March 26, 1991
/�a 19Lrs .ZO/:G i T%NC
r i .�.1 �{
/� CfD/.d
+ �'(.�w.c• S
Mr. Vince Schimoeller
�+ „7.-. / Q �oj...rcJ
Deputy Regional Administrator r
• / `� N t
Federal Highway Administration
Region 5
18209 Dixie Highway
Homewood, IL 60430
Re: March 25, 1991 Meeting of Coalition
Dear Mr . Schimoeller:
I enjoyed meeting you on March 25, 1991 at the meeting of the
Southwest Corridor Transportation Coalition. Thank you for
appearing before the Coalition to describe the proposed=
amendments to the Surface Transportation Act.
As you know, the Southwest Corridor Transportation Coalition is
composed of representatives of cities, counties and businesses
located in the area served by T.H. 5 and proposed new U.S.
Highway 212 between Interstate 494 in Eden Prairie and the South
Dakota border. We are the most recent of many organizations
representing our area who have labored for some forty years to
obtain construction of this important farm to market route (new
U.S. 213) . The proposed new highway is crucial to provide a farm
to market connection from western Minnesota and the Dakotas to
the metropolitan Minneapolis/St. Paul area, and to relieve the
burden caused by this farm to market traffic upon existing local
routes such as T.H. 5 and existing T.H. 212.
As you will recall, an important question that arose during our r
discussion on March 25 is whether proposed new Highway 212 is
currently proposed to be part of the National Highway Program.
Bill Crawford, Deputy Commissioner of Minnesota Department of
Transportation, advises us that Minnesota has nominated new
Highway 212 for inclusion in the National Highway Program.
However, someone else present at our meeting on March 25 seemed ,
to think that it had not yet been included. We certainly urge
that your department include new Highway 212 within the National
Highway Program and wish to have you confirm to us whether it is
included.
I
1
' Thank you again for joining us on March 25 and for your
consideration of our project in the future.
Yo s very truly,VI
,i2tt/i Robert J. indall
President
RJL/lmb
cc: Sen. Dave Durenburger
Gina Baas
Board members
I
1
I
1
II
1
SOUTHWEST CORRIDOR TRANSPORTATION COALITION, INC. 1
470 Pillsbury Center
Minneapolis, Minnesota 55402
612-337-9300
II
March 26, 1991
I
Mr. Darrel Sudheimer
Treasurer
II
Southwest Corridor Transportation Coalition
D & J Furniture
524 S. Elm
II
Waconia, MN
Re: Barton-Aschman payments 1
Dear Darrel:
Please pay Barton-Aschman according to the following schedule: 1
March 25, 1991 $ 3000.00
April 25, 1991 $ 3000.00
II
May 25, 1991 $ 3000.00
June 25, 1991. $ 3000.00
July 25, 1991 $ 2986. 10
TOTAL $14,986.10 II
Please let me know if you have any questions. II
Thank you for all of your hard work for the Coalition and for
II
agreeing to continue as Treasurer. You have done a great job.
Your4ery truly,
IIr. ,
Robert J. Lindall
II
President
RJL/lmb
II
I
1
1
1I . . :'. CITYOF
CHANHASSEN
s
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
March 26 , 1991
Mr . Robb L. Swenson
920 Saddlebrook Pass
Chanhassen, MN 55317
Dear Robb,
Thank you very much for the positive response you felt you
received from the Carver County Sheriff ' s Department regarding
the problems you had with solicitors . We certainly are greatful
that the Sheriff ' s Office does such a good job in our City, and
it sounds like it was certainly the case here.
Again, thanks for taking the time to write. If we can provide -
any assistance to you, always feel free to let us know.
' Si
Scott Harr
Public Safety Director
SH: cd
cc: Sheriff Al Wallin
Sgt . Julie Boden
Don Chmiel , Mayor
Don Ashworth, City Manager
•
I
I
i
I
1
I
ri•)frvL4 Li Z2 1'- 1
4 £1 ip:L E -7/11c...k s
/
,---, J 1
�� �Gtit�ts� /kJ-1,i,, 2 I �"'1�/2cZfLace GLP ? c(
Pc;
J d I
S 6 (i c I l c-'L l.s�"L,.,-,-- Lire I,2L 2,c/ G,-,--�� k l -/4 c L T , 5 c:. .
14.e >e E,a r-_c t( ,,„,Ai ai„,,,,s: v-'L-11, -1k(5 a i2 s Li,•-6- e't 5 11.. . 1
6 4, � '�c h� �'t�(.te ��a: d' 4tc'tic.ec( he GZ<</ 1
ci ,1_�tiz c-�s �- ,Y c- y t 7 ka�. S h��..L�( / ‘1,cl itk 1,..z-,_
I
f.% S S to . 4.4�(. 41, a✓K C G l L` 1,V G4 ? GL .. [ C i Cier 72`.Z i /L L( 1
A/ lv-a,) - �-r,ic . f LA .-.. 4 c (-E- . -TA,, (,,,S ,1,4_,t -14ti, -:,:.:.#14---‘)
1
7C iti,� lc S ;, /tail . LC- s ca i Sc"7.. t<.,--19f,3, c-! Gt. _ --1—yic
1
`i ( 1 J
iLi�i� �e '. 7�L.i_ Se '( e , lC-,_ 4,.44. Ik 1-=:” 9c- -L1 -= , 1�('4`Gt`
( , 1
L1 ��vc 1i.: c( /1,i i�GiGa_. 1i z G•. ./( cC Cccr,Lc L- LLu „, / 41 _ ,(
f J ! 1 1
-f''`� Lq .c/ i s c-� t�u� �.?GC"-t..., G, ( ' ft 2C/2t�1... ,
t/�,`e •L, S-y oz_-44--c(jr-C bit- c l C C 2-c. c� / , Cc S z S ILC cn , i c_Q L '
� 1 r c t �<// . 1
1�� I �a �on�2C 11 4�uE �l t>u C 4 c ci x 4 i '�•c � is
A,......A C, Ga -fi olcc1d ,moo „ :e /
i„,-Li 1 L., o1‘,.-c.eA._
I
(iktrz ,f i;th,,_ ,..4_,..ci AAA ci(c.azix ci ii. . k .,.c I bf)-2-4...ci 4A g w-i-f
I
( ( I / RECEIVED
0u,..d )i.c c S S e d . 4-- (...,i 41.E --1
MAR 2 5 1991 1
A/ .. c��, I �„ .6OZ -I L F.4 ' cd t CITY OF CHANHASSEN
.:
•
O.w
1
IIRobb L Swenson
920$addlebrOOk Pass
Chanh I
assen.MN 55317
CITY OF CHANHASSEN
FUTURE CITY COUNCIL AGENDA ITEMS
ENGINEERING
April 8, 1991
- Accept Feasibility Study for Upgrade Minnewashta Parkway; Call Public
Hearing, Improvement Project No. 90-15
' - Accept Feasibility Study for Improvements to 79th Street East of Trunk
Highway 101; Call Public Hearing, Project No. 91-8
- Approve Plans and Specifications for Utility Improvements to Chan Haven
Plaza 3rd Addition - Project No. 91-2 (pvt)
- Approve Plans and Specifications for Construction of Well No. 6 and Related
Watermains and Appurtenances; Authorize Advertising for Bids
. Project No. 91-1
- Trunk Highway 5 Improvements fran County Road 17 to Trunk Highway 41:
Project No. 90-17
' 1) Approve Joint Powers Agreement for Preparation of Construction
- .Documents
2) Approve Engineering Services Contract with Barton Aschman
April 22, 1991
Receive Pavement Managanent Needs Report
- Award 1991 Sewer Televising Contract - Project No. 91-10
- Public Hearing on Minnewashta Parkway Feasibility; Authorize Preparation of
Plans and Specifications - Project No. 90-15
- Authorize Preparation of Plans and Specifications for 1991 Sanitary Sewer
Rehabilitation Program; - Project No. 91-5 -
- Public Hearing on 79th Street Feasibility; Authorize Preparation of Plans
and Specifications - Project No. 91-8.
- Accept Plans and Specifications for improvements to 79th Street East of
Trunk Highway 101; Authorize Advertising for Bids - Project No. 91-8
' - Review Traffic Contfol Issues - Pheasant Hill Addition
- Accept Feasibility Study Watermain and Sewer Improvements in Section 4 and
' Lake Riley Hills - Project No. 90-10
May 6, 1991
' - Award of Bids for Construction of Well No. 6 - Project No. 91-1
•
i
QTY OF CHANHASSEN
FUTURE CITY COUNCIL AGENDA ITEMS
ENGINEERING
Page 2
•
May 20, 1991 '
- Approve Plans and Specifications for 1991 Sanitary Sewer Rehabilitation
Program; Authorize Advertising for Bids - Project No. 91-5 1
- Award of Bids for Improvements to 79th Street East of Trunk Highway 101
Project No. 91-8 '
June 10, 1991
- Approval of Plans and Specifications for Upgrade Minnewashta Parkway; I
Authorize Advertising for Bids - Project No. 90-15
June 24, 1991 1
- Award o Bids 1991 Sanitary Sewer Rehabilitation Program - Project No. 91-5
July 8, 1991 '
- Award of Bids Minnewashta Parkway Upgrade - Project No. 90-15
- Approve Plans and Specifications for South Leg Trunk Highway 101; Authorize -
Advertising for Bids No. 90-20
July 22, 1991 1
- Award of Bids for South Leg Trunk Highway 101
Improvement Project No. 90-20
•
1
i
FUTURE CITY COUNCIL AGENDA ITEMS
ENGINEERING
Page 3
•
Future Agenda Items
- Approve Amended Development Contract for Market Square Storm Sewer
' - Award of Bids for Market Square Storm Sewer
- Adopt Assessment Roll for Audubon Road South Project No. 89-18
- Adopt Assessment Roll for Frontier Trail Project No. 89-10
- Adopt Assessment Roll for Country Hospitality Suites Project No. 89-25
- Consider Feasibility Study for Extension of Dell Road from Lake Drive East
' South to Eden Prairie City Limits, Project No. 90-7 (Joint with Eden
Prairie)
' - Approve Plans and Specifications for County Road 17 Upgrade South of TH 5
Improvement Project No. 90-4; Authorize Advertising for Bids
- Award of Bids; County Road 17 Upgrade South of TH 5 Improvement Project No.
90-4 (Spring 1992)
• - Approve Plans and Specifications for North Leg TH 101 Improvement Project
No. 88-28B; Authorize Advertising for Bids (1/92)
- Award of Bids; North Leg TH 101 Improvement Project No. 88-28B (4/27/92)
- Approve Cooperative Funding Agreement with MnDOT for Auxiliary Turn Lanes on
Trunk Highway 101 at Sandy Hook Road and Choctaw Circle
I
CONSULTANTS PLEASE NOTE: Reports are due in Engineering no later than 10 days
prior to the City Council meeting date, i.e. Friday. •
Copies to :
City Hall Department Heads Kim Meuwissen
Karen Engelhardt, Office Manager City Council Administrative Packet
Gary Ehret, BRW Bill Engelhardt, Engelhardt & Associates
t Gary Warren, Acting City Engineer Jim Hallett, B.A. Liesch
Bud Oenundson, CSM Scott Harri, VanDoren, Hazard, Stallings
CITYOF ANHASSEN
_ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
March 29, 1991
Mr. Tan Erdmann
3900 Crestview Drive
Excelsior, MN
Re: Minnewashta Parkway - Project No. 90-15 '
Dear Mr. Erdmann:
This letter is in response to your recent inquiry on the proposed Minnewashta 1
Parkway Project No. 90-15. The first concern you had expressed related to the
time of notification for the informal neighborhood meeting which was scheduled
for Wednesday, March 27, 1991. Notices were sent out a week in advance of this
meeting however, we experienced some problems with our envelope
stuffing/stamping machine which caused a small number of notices to go out only
a few days prior to the meeting. We apologize for any inconvenience this may
have caused you.
As mentioned previously, this meeting was intended and scheduled as an informal
neighborhood meeting to provide some preliminary project information to
interested property owners and also to receive feedback on some of the concerns
and questions that the property owners may have had. The City is not required
by any laws to hold on informal neighborhood meeting however, based on its
positive impacts on previous projects, it was our initiative to again hold this
type of meeting.
The meeting primarily consisted of verbal discussion and the presentation of
large drawings to provide visual information on the project design, however no
other written information was handed out. Pertinent questions and concerns
which were raised by members of the audience were denoted by the project
consultant engineer who will take appropriate action to address such concerns
and incorporate pertinent information into the final draft of the project
feasibility report. This feasibility report is tenatively scheduled to be
received by the City Council at their regular meeting on April 8, 1991. At that
. time, it is anticipated that the Council will call a public hearing on the
project at the April 22, 1991 City Council meeting at which time property owners
with additional concerns or questions are welcr ne to attend. This schedule is-
tenative, however you will again be notified by mail confirming the scheduled
date of this public hearing.
1
Mr. Tam Erdmann
March 29, 1991
' Page 2
If you desire to review the contents of this feasibility report, you are welcome
' to come to City Hall after April 8, 1991 to view the report. Again, I would
recarunend contacting myself or staff in the engineering department to confirm
that the report has been received prior to making the trip.
' In response to your remaining questions I offer the following comments:
1. The preliminary estimated cost to property owners is anticipated to be
approximately $2,500 per unit with a unit being defined as a residential lot
of appranimately one-third acre in size.
2. The existing 66' right-of-way for Minnewashta Parkway is not planned to be
increased. However realignment of small segment of Minnewashta Parkway
intersecting Highway 7 will necessitate a realignment of the right-of-way.
3. A detailed construction schedule has not been defined at this time however,
it is anticipated that construction on the project would begin in the Summer
of 1991 and be completed sometime in 1992.
' 4. As far as traffic counts are concerned, 1989 counts on Minnewashta Parkway
displayed an average annual daily traffic varying from 800 to 1800.cars per
day depending on the segment of the road. A recently completed eastern
' Carver County Traffic Study forecasts a 9600 car per day volume by the year
2010 for this road. This study did not specifically consider this proposed
improvement project in its traffic projections.
' Again, I would invite you to cane to City Hall to view the feasibility report
once the City has received it and acquire any other information you desire.
' Sincerely,
THE CICITY OF CHANHASS
eYO/„
Charles D. Folch
' Assistant City Engineer
c: Don Ashworth, City Manager
Todd Gerhardt, Asst. City Manager
' Dave Hempel, Sr. Engineering Technician
Bill Engelhardt, Engelhardt & Associates
City Council Administrative Packet (4/8/91)
1
•
•
•
Ci
pr]
14.4 P
TO:CHARLES D. FOLCH ,; trit.;. , _
ASST. CITY MANAGER i `_ " `;. '
FROM:TOM ERDMANN
3900 CRESTVIEW DR.
EXCELSIOR, MN
RE:PROJ. 90-15
_ 1
I am unable to attend your meeting scheduled for Wed. , Mar.
27th . I received your letter less than one week ago.
We should have been notified sooner. This does not help
inspire confidence or trust .
I am Interested in receiving as much information as possible '
about this project . Costs to homeowners, right of way lost
to the Pleasant Acres lake lot, construction dates, and
future traffic increases as a result of this Improvement.
Thank You r '
Thomas R. Erdmann
I
1
. 1
1
� e_
CITY of
i
cHAINHAssEN.
-,` f_ '� . _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
April 2, 1991
I
Reverend Larry Blake
' Holy Cross Church
4151 Hwy 7
Excelsior, MN 55331
Re: Upgrade of Minnewashta Parkway
Project No. 90-15
Dear Reverend Blake:
Thank you for your telephone call today regarding the propbsed
' Minnewashta Parkway project. As requested please find enclosed a
copy of the letter regarding the neighborhood meeting. I have
also enclosed a copy of a letter from Charles Folch, Assistant
City Engineer, to another resident summarizing the neighborhood
meeting . I hope these letters respond to your questions
regarding this project. Please feel free to contact me or Mr.
Folch if you have additional questions regarding this project.
Sincerely,
CITY OF CHANHASSEN
David C. Hempel
Sr. Engineering Technician
DCH:lap -
c: Charles Folch, Asst. City Engineer
Enclosure
•
1 .
I
I
e -e - /14
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
4' ( 7:4, e.4,t •,.� w.«r ,<�� I
Thomas J. Campbell
Roger N. Knutson /') us S. ti t ,c ,_J u, o� �'" :^ + " -4 (612)456-9534
Thomas M. Scott y Fax (612)456-9542
Gary G. Fuchs A a114.-4 4'
James R Walston / c)�, > • s , .r� a C t u/'r e-cf
Elliott B. Knetsch 14 c0, ,f . -/.cafJMarch 29, 1991 `'y /c,,
Gregory D. Lewis
Dennis J. Unger 7.- 4 �� 7 .s c.. a. M a� dt i..+trit_r-
/N 0(•l+J /'4.^ „•r C O:T;.0 /1,•
*Mr. Thomas Johnsen &re ca./e-/•4
Apartment #161
CHANHASSEN PHASE IV APARTMENTS r/Q
7781 Chanhassen Road
Chanhassen, MN 55404
Re: City of Chanhassen / Highway #101 Realignment Project ,
Dear Mr. Johnson:
This letter is to follow up on our meeting in the Club Room on
Wednesday evening, March 27, 1991. I want to add to our discussion
and to clarify some points that I believe were left unclear.
The obligation of the City is to relocate the displaced '
tenants to comparable accommodations without cost to the tenants.
As was said several times during our meeting, the main issue is
what is "comparable accommodations". I believe that the most
comparable accommodation is another apartment within the same
apartment complex. The size of the apartments are the same, the
amenities are obviously the same and the rent is the same. Other
apartments within the same apartment complex are obviously the most
comparable to your apartment.
I believe that you may have left the meeting with the 1
impression that you can move to any other apartment within 50 miles
and the City will pay you up to $5,250.00 for rent differential and
will also pay for the cost of your move. THAT IS NOT CORRECT. The
City's obligation is to make available comparable accommodations
known to you and, if you move to one such comparable, to pay for
your move and any rent differential. When the comparable
accommodation is in the same complex, with the same rent and the
same amenities, the only obligation the City has is to pay for the
move and the expenses related to moving. There would be no rent
differential payment. If there is no rent differential payment,
then there is no contribution toward down payment on a home either.
I anticipate that other comparable apartments within the°
Chanhassen Village complex will become available during the next
eight months. Those units will be made available to you. If you
desire to move into those units, the City will, of course, pay the
RZCEIVED
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN Ana 1 1991 1
CRY OF CHANHASSEN
7
1
Mr. Thomas Johnsen
1 March 29, 1991
Page 2
1
moving costs and related expenses. If, for whatever reason, you
decide not to move into those units, the City will still pay all,
or part of, your moving costs (depending on where you move) , but
payment of any rent differential will be uncertain.
1 I hope the above further clarifies our discussions. Because
many of the questions that were asked at the meeting were "what if"
or hypothetical questions, and I was answering those hypothetical
questions based on a law intended to cover all conceivable
relocation situations, I was concerned that you may have formed
conclusions that are not correct. I was further concerned that you
would begin making plans based on those incorrect conclusions and
' would be disappointed when money you had incorrectly counted on was
not available.
Again, as I stated at the close of our meeting, if you have
any questions about the relocation or about anything contained in
this letter, please feel free to call me.
' Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
By: /5/
Gary G. Fuchs
' Attorney for the
City of Chanhassen
GGF:clk
1 c: Mr. Don Ashworth
*B.P.S. Please note that this same letter was also sent to:
Michael Andreason Robin R. Klemek
Apartment #163 Trent M. Compton
Apartment #362
Mary Pisney Richard Parkin
Patrick Ripley Toria Parkin
Apartment #265 Apartment #363
1
11
1
1
C ITY OF*44
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Mayor and City Council
FROM: Paul Krauss, Planning Director 1
DATE: April 3 , 1991
SUBJ: Letters from Representative Becky Kelso and Joel Jamnik
from Minnesota League of Cities
As the City Council is aware, staff has been actively involved in
providing input into pending no-net loss wetland bills that are
being considered by the State Legislature. In a previous packet we
were pleased to report that we appeared to have made progress on
the Willard Munger House Bill and got a number of changes
incorporated that we think will be of benefit to the city, while
allowing us to offer the greatest possible protection of wetlands.
The attached letter was received by Representative Becky Kelso, who
received a copy of my initial letter to Willard Munger. In it she
indicates support for our position and appreciation for being kept
informed. A second letter from Joel Jamnik with the League of
Cities confirms that several of our requested changes have been
incorporated. 1
cc: Planning Commission
1
1
1
- 1
I/
1
I
I Becky Kelso
}�» .. Minnesota
State Representative "°
I = House of
District 36A -.
Carver and Scott Counties - .Alt Representatives
Robert Vanasek,Speaker
COMMITTEES: EDUCATION, EDUCATION FINANCE DIVISION;REDISTRICTING;TRANSPORTATION;
HEALTH AND HUMAN SERVICES; REGULATED INDUSTRIES
II
March 19, 1991
I
IMr. Paul Krauss
Director of Planning
City of Chanhassen
I 690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
1 Dear Paul:
II Thank you for sending me a copy of the letter you mailed to
Representative Munger expressing your concern about the proposed
wetlands legislation. I appreciate hearing about the items that
are of particular interest to you, the planning commission and
Ithe members of the Chanhassen City Council.
After reading the letter addressed to Representative Munger, I
II believe that the points you made were excellent. I certainly
agree with your statement that Chanhassen and other metro
communities have developed workable wetlands policies and that
the state could benefit from their knowledge. I realize that
Icities do, in fact, work more closely with developers than other
levels of government.
1 Additionally, I appreciated your remarks about the acquisition of
wetlands with public funds. I have heard other city planners
mention the fact that builders are beginning to acknowledge
Iwetlands as a natural asset to their developments.
Paul, I think it is fairly safe to say that neither the Munger or
Davis bill will become law in their present form. Both bills
I have to clear several committees before they reach the
Appropriations/Finance Committee where funding decisions will be
made. Conference committees, of course, can make additional
changes.
RECEIVED
II continued . . . MAR 2 61991
CITY OF CriAiNhASSEP
60 South Shannon Drive,Shakopee, Minnesota 55379 (612)445-6658
State Office Building, St. Paul, Minnesota 55155 (612)296-1072
House Fax(612)296-1563
rft
I
I
Representative Becky Kelso
March 19 , 1991
Page 2
I
Although I am not a member of the Environment and Natural
Resources Committee, I will have input on this legislation at
some point in the process and I will keep your concerns in mind.
I am a strong supporter of the no-net-loss wetlands legislation,
just as you are, and I want be assured that the final result is a
law that protects our state's wetlands and one that Minnesotans
• can be proud of.
Again, thank you for writing and keeping me informed about the 1
concerns of the city. Please continue to do so. I value your
input.
Very tru yours, I
4(1,-
Becky Kelso
State Representative
KB2303LP. 1V
I
I
1
1
I
I/
11
1
183 University Ave.East
St.Paul,MN 55101.2526
League of Minnesota Cities (612)227.5600(FAX:221-0986)
1
March 29, 1991
1
Mr. Paul Krauss, AICP
Director of Planning
690 Coulter Drive
Chanhassen, MN 55317
Dear Paul:
Enclosed is the most current version of H.F.1. Please note the inclusion of at least
some of your suggestions. We are trying to clarify the city role even further. I will
send you a new version of S.F.3 when it becomes available.
Thank you for your assistance in this matter. Please contact me if you have any
questions.
Sincerely,
/e -
el J. Jamnik
gislative Counsel
JJJ:mjd
I
I
REECEWED
APR 01 1991
CITY.OF CHANHASSEN
I
I
/_ -
1-----
HOUSE RESEARCH
a
H. F. r
Bill Summary
1, Unofficial Engrossment S.F.
SUBJECT Wetland Enhancement and Protection '
AUTHORS: Munger, Vanasek, Marsh, Kalis, Dille II
COMMITTEE: Environment and Natural Resources • I
• ANALYST: John Helland (296-5039) DATE: March 20, 1991
Section 1. Title. Cites the bill the "Wetland Enhancement, Preservation and Protection Act of
1991." I
Sec. 2. Legislative intent. States legislative intent for fair compensation to owners of wetlands.
Sec. 3. County acquisition approval. Changes the approval authority for wetland acquisition by I
the DNR so that if a county board disapproves an acquisition, final resolution is determined by
the land exchange board.
Sec. 4. Public policy. Finds that it is in the public interest to achieve no net loss in Minnesota's
existing wetlands, and to restore, enhance, or mitigate drained or diminished wetlands. I
Mitigation is guided by certain principles. Allows mitigation by restoration for wetlands two
acres in size or less in a cultivated field.
Sec. 5. County plans. Requires county water plans to identify priority areas for wetland
restoration.
Sec. 6. Drainage system repair. Clarifies repair of a drainage system in the drainage I
P y d a inage statutes in
order to reflect provisions of this bill.
Sec. 7. Wetlands easement preserve. Creates a permanent wetlands preserve for the board of I
water and soil resources to acquire permanent easements on type 2 wetlands. Payment is in a
lump sum at 20 percent of the township average equalized estimated market value of 1
agricultural property at the time of application.
Secs. 8 to 13. Definitions. Contain definitions, including "wetlands" and "mitigation."
I
"Wetlands" does not include harvested crop land, or land in a crop rotation, 6 of the 10 prior
years. ----
Sec. 14. Statutory clarification. Removes statutory language where the owner of a public
wetland cantapply for a drainage permit 10 years after the public designation.
Sec. I5. Wetland replacement. Pertains to replacement of wetlands:
I UNDERLINING MEANS NEW PROVISIONS ADDED ON 3/14/91 1
I
H.F. 1, Unofficial Engrossment Page 2
(a) Wetlands identified on U.S. Fish and Wildlife Service inventory maps, or which are
' created or restored by conservation programs, must not be drained or filled, unless replaced by
creating greater wetland areas.
I (b) Mitigation or replacement of wetlands generally must be within the same watershed
or county as the affected wetlands and must be two acres for each acre of drained or filled
wetland.
' Sec. 16. Calcareous fens. Protects calcareous fens in the state
from any filling or draining.
Secs. 17 to 19. Peatland protection, Called the "Minnesota peatland protection act," and
protects ecologically significant peatlands from any filling or draining. 18 peatland areas are
designated as scientific and natural areas, with certain activities allowed or prohibited. Allows
' for ditch abandonments and drainage outlets in the peatland areas.
Sec. 20. Mitigation exceptions. Provides exceptions to wetland mitigation or replacement,
including:
(a) whether the landowner has a contractual right to drain the wetland;
1 (b) the wetland is located between the banks of a statutory ditch, and drained under
authorization of statutory repair proceedings; and '
(c) the wetland is located within a ditch right-of-way• and filling ng is limited to side casting
of spoil materials.
' Sec. 21. Wetland mitigation. Requires the Commissione r of Natural Resources (D \
R) to
adopt rules, including. a banking. program for public and private projects, for the approval of
wetland mitigation plans. Prior to the adoption of the rules, a wetland mitigation plan must be
approved by a 5-member review panel, who must use the "Minnesota wetland evaluation
methodology" as the criteria for effective mitigation.
Subd. 2. Provides for a technical evaluation ane
p 1 for wetland mitigation to determine
location, size, or type.
Subd. 3. Requires mitigation plan completion at least one growing season prior to the
actual draining or filling of a wetland, or a bank letter of credit must be given to the affected
local government unit.
Subds. 4 to 7. Provide for notice of application, notice of decision, public comment
period and decision of mitigation plans.
Subd. 8. Provides for appeal of the approval or denial of a mitigation plan, to be heard
by the committee for dispute resolution of the board of water and soil resources.
Subd. 91 Allows local government units to use their own notice procedures if they meet
statutory requirements.
1
I -
1
H.F. 1, Unofficial Engrossment Page 3 1
Subd. 10. Creates a nine-member wetland heritage advisory committee of diverse '
interests, appointed by the governor, to advise the commissioner on wetland rules and program
review.
Subd. 11. Provides for mitigation credits for certain wetland work.
Sec. 22. Local application. Allows local government units to adopt more stringent rules.
Sec. 23. Draining. Clarifies draining of a public water basin or wetland.
Sec. 24. Enforcement. Makes violation of the bill a misdemeanor. A convicted violator must
restore or replace any diminished or destroyed wetland.
Sec. 25. Timber harvesting. Allows harvesting timber from a wetland, as long as the wetland is
protected, and there is no drainage or filling.
Sec. 26. Water use permit fees. Raises water use permit processing fees by certain amounts to
pay for the bonds issued in section 30. Certain fees are capped annually: (a) Power producers
at $1,000,000; (b) Other large entities at $350,000; and (c) Agricultural irrigators at $2,500. '
The new fees are expected to raise an additional $5.4 million.
Sec. 27. Development projects. Exempts development and ditch improvement projects that
have received plat approval and site permits in urban and rural communities before the effective
date of this bill. '
Sec. 28. Wild rice lands. Exempts wild rice lands (approximately 17,000 acres) from this bill.
Sec. 29. Repealer. Repeals M.S. section 103G.221, subdivisions 2 and 3, pertaining to the
authority of the Commissioner of Natural Resources in regard to drainage of wetlands for
cropland. I
Sec. 30. Appropriation and bonds. Appropriates $50,000.000 as follows:
(1) $25,000,000 to BOWSR; $20,000,000 of which is for the permanent easements for type.
2 wetlands, and $5,000,000 for wetland restoration under the RIM program.
(2) $10,000,000 to BOWSR for the RIM conservation reserve program.
(.3) $15,000,000 to the DNR for RIM programs, including $4,500,000 for the critical
habitat matching account, and $1,130,000 for native prairie land acquisition and improvement.
Sec. 31. General fund appropriation. Appropriates $400,000 from the general fund: I
(a) $206,000 to the Minnesota extension service for a wetlands clearinghouse, and
(b) $200,000 to the commissioner for beaver control I
Sec. 32. Effective date. Makes the act effective the day following final enactment.
UNDERLINING MEANS NEW PROVISIONS ADDED ON 3/14/91
1
' 03/18/91 (REVISOR ] PER/JC WD3
1
I
l A bill for an act
2 relating to waters; establishing a program for the
' 3 enhancement, preservation, and protection of wetlands
4 within the state; providing penalties; appropriating
5 money; amending Minnesota Statutes 1990, sections
6 97A.145, subdivision 2; 103A.201; 103B.311,
I 7 subdivision 6; 103E.701, by adding a subdivision;
8 103G.005, subdivisions 15 and 18, and by adding
9 subdivisions; 103G.221, subdivision 1; 103G.231, by
10 adding subdivisions; and 103G.271, subdivision 6;
' 11 proposing coding for new law in Minnesota Statutes,
12 cnapters 84; 103F; and 103G; repealing Minnesota
13 Statutes 1990, section 103G.221, subdivisions 2 and 3.
14 3E IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
15 Section 1. [CITATION. ]
16 This act may be cited as the "wetland enhancement,
17 preservation, and prc;:ection act of 1991."
18 Sec. 2. [LEGISLATIVE INTENT. ]
19 It is the intent of the legislature to ensure that the
20 owners of wetlands receive fair compensation for compliance with
21 the provisions of this act. It is intended that a substantial
22 annual appropriation be available to provide that compensation.
23 Sec. 3. Minnesota Statutes 1990, section 97A.145,
24 subdivision 2, is amended to read:
25 Subd. 2. [ACQUISITION PROCEDURE. ] (a) Lands purchased or
26 leased under this section must be acquired in accordance with
27 this subdivision.
28 (b) The commissioner must notify the county board and the
29 town officers where the land is located and furnish them a
11
1
1
03/18/91 (REVISOR J PER/JC WD3
1 description of the land to be acquired. The county board must
2 approve or disapprove the proposed acquisition within 90 days ,
3 after being notified. The commissioner may extend the time up
4 to 30 days. The soil and. waterconservation district '
5 supervisors shall counsel the county board on drainage and flood
6 control and the best utilization and capability of the land.
7 (c) If the county board approves the acquisition within the
8 prescribed time, the commissioner may acquire the land.
9 (d) If the county board disapproves the acquisition, it
10 must state valid reasons. The-eenmissioner-map-not-pereheee--r
11 lease-the-'sand-if-the-eennty-beard-disaooreves-the-segoisition
12 and-otetee-ite-reason2-w4thin-the-preseribed-time-peried-
13 The-iendew rtes-or-the-ee:rn;esiener-:yap-epees=-the I
14 disapprevel-te-the-distriet-eetet-hauing-;eriedietier.-where-tne
15 lend-i -ieeatedT I
16 (e) The commissioner or the owner of the land may submit
17 the proposed acquisition to the land exchange board ifT--fit the '
18 county board does-net-give-reasen-for-disapprove) disapproves
19 the proposed acquisition, or does not approve or disapprove the
20 acquisition within the prescribed time period7-er-f2f-the-eeert
21 finds-:het-the-disapproval-is-arbitrary-anal-eepricions;-or-that
22 the-reasons-stated-for-diapproval-are-invalid.
23 (f) The land exchange board must conduct a hearing and make
24 a decision on the acquisition within 60 days after receiving the
25 proposal. The land exchange board must give notice of the
26 hearing to the county board, the commissioner, the landowner, I
27 and other interested parties. The land exchange board must
28 consider the interests of the county, the state, and the .
29 landowner in determining whether the acquisition is in the
30 public interest. If a majority of the land exchange board 1
31 members approves the acquisition, the commissioner may acquire
32 the land. If a majority disapproves, the commissioner may not
33 purchase or lease the land.
34 Sec. 4. Minnesota Statutes 1990, section 103A.201, is
35 amended to read:
36 103A.201 (REGULATORY POLICY. ]
2
1
r
03/18/91 [REVISOR ] PER/JC WD3
1 Subdivision 1. [POLICY. ] To conserve and use water
2 resources of the state in the best interests of its people, and
3 to promote the public health, safety, and welfare, it is the
4 policy of the state that:
5 (1) subject to existing rights, public waters are subject
' 6 to the control of the state;
7 (2) the state, to the extent provided by law, shall control
8 the appropriation and use of waters of the state; and
' 9 (3) the state shall control and supervise activity that
10 changes or will change the course, current, or cross section of
' 11 public waters, including the construction, reconstruction,
12 repair, removal, abandonment, alteration, or the transfer of
13 ownership of dams, reservoirs, control structures, and waterway
14 obstructions in public waters.
' 15 Subd. 2. [WETLANDS FINDINGS; PUBLIC INTEREST. ] jai
16 Wetlands identified in the state under section 13 and the United
17 States Fish and Wildlife Service National Wetland Inventory mans
18 do not:
19 (1) Grant the public additional or greater right of access
20 to the wetlands;
21 (2) diminish the richt of ownership ,or usace of the beds
' 22 underlying the wetlands, except as otherwise provided by law;
23 (3) affect state law forbidding trespass on private lands;
24 and
25 (4) require the commissioner to acquire access to the
1 26 wetlands.
27 (b) The legislature finds that the wetlands of Minnesota
28 provide public value by conserving surface waters, maintaining
29 and improving water quality, preserving wildlife habitat,
' 30 providin• recreational opportunities, reducin• runoff, •rovidin-
31 for floodwater retention, reducing stream sedimentation,
' 32 contributing to improved subsurface moisture, hemming moderate
33 climatic change, and enhancing the natural beauty of the
■ 34 landscape, and are important to comprehensive water management,
35 and that it is in the public interest to:
36 (1) achieve no net loss in the Quantity, quality, and
3
03/18/91 (REVISOR ) ?ER/JC WD3
1 biological diversity of Minnesota's existing wetlands;
2 (2) increase the Quantity, Quality, and biological 11 3 diversity of Minnesota's wetlands by restoring or enhancing
4 diminished or drained wetlands;
5 (3) avoid direct or indirect impacts from activities that
6 destroy or diminish the Quantity, quality, and biolocical
7 diversity of wetlands; and ,
8 (4) mitigate where avoidance of activity is not feasible
9 and prudent.
•� 10 (c) Mitication must be guided by the following principles
11 in descending order of priority:
12 (1) avoiding the direct or indirect impact of the activity
13 that may destroy or diminish the wetland;
14 (2) minimizing the impact by limiting the degree or
15 magnitude of the wetland activity and its implementation;
16 (3) rectifying the impact by repairinac rehabilitating, or
17 restoring the affected wetland environment;
18 (4) reducing or eliminating the impact over time by ,
19 preservation and maintenance operations during the life of the
20 activity; and
21 (5) compensating for the impact by replacing or providing
22 substitute wetland resources or environments. ,
23 (d) If an agricultural wetland two acres in size or less is
24 located in a cultivated field, then mitigation under section 12 '
25 must be accomplished through restoration only without regard to
26 the priority order in Paragraph (c) , and a deed restriction must
27 be placed on the mitigated wetland prohibiting nonagricultural
28 use.
29 (e) Restoration and replacement of wetlands must be
30 accomplished in accordance with the ecology of the landscape
31 area affected.
32 Sec. 5. Minnesota Statutes 1990, section 103B.311,
33 subdivision 6, is amended to read: '
• 34 Subd. 6. (SCOPE OF PLANS. ] Comprehensive water plans must
35 include: ,
36 (1) a description of the existing and expected changes to
4 r
03/18/91 [REVISOR ) PER/JC WD3
1 physical environment, land use, and development in the county;
2 (2) available information about the surface water,
3 groundwater, and relatea land resources in the county, including
4 existing and potential distribution, availability, quality, and
5 use;
' 6 (3) objectives for future development, use, and
7 conservation of water and related land resources, including
8 objectives that concern water quality and quantity, and
9 sensitive areas, wellhead protection areas, and related land use
10 conditions, and a description of actions that will be taken in
11 affected watersheds or groundwater systems to achieve the
12 objectives;
13 (4) a description of potential changes in state programs,
14 policies, and requirements considered important by the county to
15 management of water resources in the county;
16 (5) a description of conflicts between the comprehensive
' 17 water plan and existing plans of other local units of
18 government;
19 (6) a description of possible conflicts between the
20 comprehensive water plan and existing or proposed comprehensive
21 water plans of other counties in the affected watershed units or
22 groundwater systems;
23 (7) the identification of hioh priority areas in the county
24 for wetland restoration;
25 (8) a program for implementation of the plan that is
26 consistent with the plan's management objectives and includes
27 schedules for amending official controls and water and related
28 land resources plans of local units of government to conform
29 with the comprehensive water plan, and the schedule, components,
30 and expected state and local costs of any projects to implement
31 the comprehensive water plan that may be proposed, although this
32 does not mean that projects are required by this section; and
33 1.8} (9) a procedure for amending the comprehensive water
34 plan.
35 Sec. 6. Minnesota Statutes 1990, section 103E.701, is
36 amended by adding a subdivision to read:
5
1
I/
03/19,'91 [REVISOR J PER/JC tiD3
1 Subd. 6. (WETLAND RESTORATION AND MITIGATION. ) Repair of a
2 drainage system may include the restoration or enhancement of
3 wetlands; wetland mitiaation under section 103G.222; and the
4 realignment of a drainage system to prevent drainage of a
5 wetland. I
6 Sec. 7. (103F.516) (PERMANENT WETLANDS PRESERVE. ]
7 Subdivision 1. (EASEMENTS. ] Upon application by a
8 landowner, the board shall acquire permanent easements on land
9 containing type 2 wetlands, as defined in United States Fish and
10 Wildlife Service Circular No. 39 (1971 edition) .
11 Subd. 2. (NATURE OF PROPERTY RIGHTS ACQUIRED. ) (a) The
12 permanent easement acquired must prohibit draining, ditchina,
13 tiling, fillinc, leveling, burning vecetation, and alteration of
14 wildlife habitat and other natural features in the wetland. '
15 (b) The easement may permit arazina at any time, hay
16 cutting after July 1, and plowing and cropping wetlands when ,
17 they are dry of natural causes.
18 (c) The easement may include one adjacent upland acre of '
19 land for each acre of type 2 wetland included.
20 (d) The conservation easement must be conveyed to the state
21 in recordable form free of any prior title, lien, or encumbrance
22 and must provide for a richt of entry by the state for
23 inspection and correction of violations.
24 Subd. 3. (PAYMENT. ] Payment for the conservation easement
25 shall be made in a lump sum at 20 percent of the township
26 average ecualized estimated market value of agricultural
27 property as established by the commissioner of revenue at the 1
28 time of easement applications.
29 Subd. 4. (ENFORCEMENT AND CORRECTIONS. ] Enforcement of the I
30 conservation easement or violation corrections shall be Governed
31 by section 103F.515, subdivisions 8 and 9. 1
32 Subd. 5. (AVAILABLE FUNDS. ) A property owner entitled to
33 payments under this section must receive payments to the extent
34 that funds are available. If funds are not available and
35 Eavments are not made, restrictions on the use of the property
I/
36 owner's wetlands are terminated under this section.
6
I/
1
03/18/91 (REVISOR ] PER/JC WD3
1 Sec. 8. Minnesota Statutes 1990, section 103G.005, is
2 amended by adding a subdivision to read:
3 Subd. 10a. (LOCAL GOVERNMENT UNIT. ] "Local government
4 unit" means:
5 (1) outside of the seven-county metropolitan area, a city
6 council or county board of commissioners; and
7 (2) in the .seven-ccun-•; metros-lit area, a city council,
8 a town board under section 368.01, or a watershed management
11 9 organization under section 1038.211.
10 Sec. 9. Minnesota Statutes 1990, section 103G.005, is
11 amended by adding a subdivision to read:
12 Subd. lla. (MITIGATION. ] "Mitigation" is the
1 13 quantification and replacement of an area's size, quality,
14 character, and diversity through restoration or creation of at
' 15 least equivalent quantities in another area after the impacts of
16 the proposed project have been avoided and minimized to the
17 extent possible and there are no feasible and prudent
18 alternatives.
19 Sec. 10. Minnesota Statutes 1990, section 103G.005,
20 subdivision 15, is amended to read:
21 Subd. 15. (PUBLIC WATERS. ] (a) "Public waters" means:
22 (1) waterbasins assigned a shoreland management
23 classification by the commissioner under sections 103F.201 to
24 103F.221, except wetlands less than BO acres in size that are
25 classified as natural environment lakes;
1 26 (2) waters of the state that have been finally determined
27 to be public waters or navigable waters by a court of competent
28 jurisdiction;
29 (3) meandered lakes, excluding lakes that have been legally
' 30 drained;
31 (4) waterbasins previously designated by the commissioner
' 32 for management for a specific purpose such as trout lakes and
33 game lakes pursuant to applicable laws;
34 (5) waterbasins designated as scientific and natural areas
35 under section 84.033;
36• (6) waterbasins located within and totally surrounded by
7
1
1
03/18/91 (REVISOR J PER/JC WD3
1 publicly owned lands;
2 (7) waterbasins where the state of Minnesota or the federal
3 government holds title to any of the beds or shores, unless the ,
4 owner declares that the water is not necessary for the purposes
5 of the public ownership; • 1
6 (8) waterbasins where there is a publicly owned and
7 controlled access that is intended to provide for public access I
8 to the waterbasin;
9 (9) natural and altered watercourses with a total drainage I
10 area greater than two square miles;
11 (10) natural and altered watercourses designated by the ,
12 commissioner as trout streams; and
13 (11) public waters wetlands, unless the statute expressly
14 states otherwise.
15 (b) Public waters are not determined exclusively by the
16 proprietorship of the underlying, overlying, or surrounding land
17 or by whether it is a body or stream of water that was navigable
18 in fact or susceptible of being used as a highway for commerce I
19 at the time this state was admitted to the union.
20 Sec. 11. Minnesota Statutes 1990, section 103G.005, is
21 amended by adding a subdivision to read:
22 Subd. 17a. [WATERSHED. ] "Watershed" means the 81 major I
23 watershed units delineated by the map, "State of Minnesota
24 Watershed Boundaries - 1979".
25 Sec. 12. Minnesota Statutes 1990, section 103G.005,
26 subdivision 18, is amended to read:
27 Subd. 18. [PUBLIC WATERS WETLANDS. ] "Public waters
28 wetlands" means all types 3, 4, and 5 wetlands, as defined in
29 United States Fish and Wildlife Service Circular No. 39 (1971 ,
30 edition) , not included within the definition of public waters,
31 that are ten or more acres in size in unincorporated areas or 1
32 2-1/2 or more acres in incorporated areas, including those
33 wetlands designated as public waters under section 103G.201. 1
34 Sec. 13. Minnesota Statutes 1990, section 103G.005, is
35 amended by adding a subdivision to read: I
36 Subd. 19. [WETLANDS. ] "Wetlands" means lands transitional
8 I/
03/18/91 (REVISOR ) PER/JC WD3
1 between terrestrial and aquatic systems where the water table is
11 2 usually at or near the surface or the land is covered by shallow
3 water. For purposes of this definition, wetlands must have the
4 following three attributes:
5 (1) have a predominance of hvdric soils;
6 (2) are inundated or saturated by surface or around water
7 at a frequency a:,,? duration suZ_fic_ent to support a pre valence
8 of hydroohytic vegetation typically adapted for life in
9 saturated soil conditions; and
10 (3) under normal circumstances support a prevalence of such
1 11 vegetation.
12 "Wetlands" does not include land that was planted and
11 13 harvested with annually seeded crops or was in a crop rotation
14 seeding of pasture grasses and legumes six of the ten years
15 prior to January 1, 1991.
16 Sec. 14. Minnesota Statutes 1990, section 103G.221,
17 subdivision 1, is amended to read:
Scbdivxaien _. fBRAiNAGE-9P-WETBANBS-6ENERAnau-PR8HiBSTEB
13 W_?::6H?-RHPBAEHMENTTi-£xeept-ee-provided-ia-2abdiaisie.^.s-2-and
20 3; Wetlands may not be drained, and a permit authorizing
2. drainage of wetlands may not be issued, unless the wetlands to
22 be drained are replaced by wetlands that will have egtei-er
23 greater public value.
24 Sec. 15. (103G.222] (REPLACEMENT OF WETLANDS. )
25 (a) Wetlands which are identified on United States Fish and
26 Wildlife Service National Wetlands Inventory maps or revisions
27 thereof, or which have been restored or created by public or
28 private conservation proarams, must not be drained or filled,
29 wholly or Partially, unless there are no feasible and prudent
I30 alternatives and unless replaced by restoring or creating
31 wetland areas of at least equivalent size, quantity, character,
MI 32 and diversity under either a mitigation plan approved as
33 provided in section 21 or, if a permit to mine is required under
■ 34 section 93.481, under a mining reclamation plan approved by the
35 commissioner under the permit to mine. Mining reclamation plans
36 shall apply the same principles and standards for replacing
9
U3/18/91 [REVISOR J PER/JC WD3
1 wetlands by restoration or creation of wetland areas that are '
2 applicable to mitigation plans approved as provided in section
3 21. ,
4 (5) Any mitigation or replacement shall be within the same
5 watershed or county as the impacted wetlands, as based on the
6 wetland evaluation in section 21, subdivision 2, except that
7 counties or watersheds in which 80 percent or more of the
8 presettlement wetland acreage is intact may accomplish
9 mitication in counties or watersheds in which 80 percent or more
10 of the presettlement wetland acrea•e has been filled, drained, I
11 or otherwise degraded.
12 (c) Mitigation must be in the ratio of two acres of I
13 mitica_ed wetland for each acre of drained or filled wetland, of
14 which 25 percent must be a buffer zone of permanent vegetative
15 cover.
16 (d) Wetlands that are restored or created as a result of an
I/
17 approved mitigation plan are subject to the provisions of this
18 section for any subsequent drainage or filling.
19 (e) All requests to add or delete a wetland from the
20 application of this subdivision must be approved in the same way
21 as provided for appeals by the committee for dispute resolution
22 of the board of water and soil resources, and must be based on a
23 preponderance of the evidence that the wetland does or does not ,
24 comply with established criteria for inclusion in the national
25 wetlands inventory. I
26 Sec. 16. [103G.223] [CALCAREOUS FENS. ]
27 Calcareous fens, as identified by the commissioner, may not I
28 be filled, drained, or otherwise degraded, wholly or partially,
29 by any activity.
30 Sec. 17. [84.034] [PEATLAND PROTECTION. ]
31 Subdivision 1. [CITATION. ] Sections 17 to 19 may be cited
32 as the "Minnesota peatland protection act."
33 Subd. 2. [FINDINGS. ) The legislature finds that certain
34 Minnesota peatlands possess unique scientific, aesthetic,
35 vegetative, h drologic, •eolo•ic, wildlife, wilderness and
36 .educational values and represent the various peatland ecological ,
10 1
03/18/91 [REVISOR ] PER/JC WD3
1 types in the state. The legislature finds that it is desirable
1 2 and appropriate to protect and preserve these patterned
3 peatlands as a peatland management system through establishment
4 and designation of certain peatland core areas as scientific and
5 natural areas.
6 Subd. 3. [DEFINITIONS. ] (1) Unless language or context
1 7 clearly indicates that a different meaning is intended, the
8 following terms, for the purposes of sections 17 to 19, have the
9 meanings given to them.
10 (2) "Winter road" means an access route which may be used
11 by vehicles only when the substrate is frozen.
12 (3) "Corridors of disturbance" means rights of way which
13 are in existence on the effective date of this act, such as
14 ditches, ditch ban, , transmission lines, pipelines, permanent
15 roads, winter roads, :id recreational trails. The existence, on
16 the effective date of this act, of a corridor of disturbance may
17 be demonstrated by physical evidence, document recorded in the
18 office of county recorder or other public official, aerial
19 survey, or other evidence similar to the above.
20 (4) "State land" means land owned by the state of Minnesota
21 and administered by the commissioner.
22 Subd. 4. [DESIGNATION OF PEATLAND SCIENTIFIC AND NATURAL
23 AREAS. ] Within the peatland areas described in section 18, state •
1 lands are hereby established and designated as scientific and
25 natural areas to be preserved and managed by the commissioner in
26 accordance with subdivision 5 and section 86A.05, subdivision 5.
27 Subd. 5. (ACTIVITIES IN PEATLAND SCIENTIFIC AND NATURAL
11 28 AREAS. ] Areas designated in subdivision 4 as peatland scientific
29 and natural areas are subject to the following conditions:
30 (a) Except as provided in paragraph (b) , all restrictions
31 otherwise applicable to scientific and natural areas designated
' 32 under section 86A.05, subdivision 5, apply to the surface use
33 and to any use of the mineral estate which would significantly
34 modify or alter the peatland water levels or flows, peatland
35 water chemistry, plant or an' nal species or communities, or
36 other natural features of the peatland scientific and natural
1 11
03/13/91 (REVISOR J PER/JC WD3
1 areas, including but not limited to, the following •rohibitions: I
2 (1) construction of any new public drainage systems after
3 the effective date of this act or improvement or repair to a
4 public drainage system in existence on the effective date of
5 this act, under authority of chapter 103E, or any other
6 alteration of surface water or Ground water levels or flows
7 unless specifically permitted under paragraph (b) , clause (5) or
8 (6) ;
9 (2) removal of peat, sand, gravel, or other industrial
10 minerals;
11 (3) exploratory boring or other exploration or removal of
12 oil, natural gas, radioactive materials or metallic minerals
13 which would significantly modify or alter the peatland water
14 levels or flows, peatland water chemistry, plant or animal I
15 species or communities, or natural features of the peatland
16 scientific and natural areas, except in the event of a national
17 emergency declared by Congress;
18 (4) commercial timber harvesting; '
19 (5,) construction of new corridors of disturbance, of the
20 kind defined in subdivision 3, after the effective date of this
21 act; and
22 (6) ditching, draining, filling, or any other activities
23 which modify or alter the peatland water levels or flows,
24 peatland water chemistry, plant or animal species or
25 communities, or other natural features of the peatland
26 scientific and natural areas.
27 (b) The following activities are allowed: I
28 (1) recreational activities, including hunting, fishing,
29 trapping, cross country skiing, snowshoeing, nature observation, ,
30 or other recreational activities permitted in the management
31 plan approved by the commissioner; I
32 (2) scientific and educational work and research;
33 (3) maintenance of corridors of disturbance, including
34 survey lines, consistent with protection of the peatland
35 ecosystem';
36 (4) use of corridors of disturbance unless limited by a
12 ,
1
03/18/91 (REVISOR ] PER/JC WD3
r1 management plan adopted by the commissioner under subdivision 6:
2 (5) improvements to.. a public drainage system in existence
i3 on the effective date of this act only when it is for the
4 protection and maintenance of the ecological integrity of the
!r 5 peatland scientific and natural area and when included in a
6 manacement plan adopted by the commissioner under subdivision 6;
,r 7 (6) repairs to a public drainage system in existence on the
8 effective date of this act which crosses a peatland scientific
1 9 and natural area and is used for the purposes of providing a
10 drainage outlet for lands outside of the peatland scientific and
Iii nat'.:ral area, provided that there are no other feasible and
12 prudent alternative means of providing the drainage outlet. The
I 13 commissioner shall cooperate with the ditch authority in the
14 determination of any feasible and prudent alternatives. No
I 15 repairs which would sicnificantly modify or alter the peatland
15 water levels or flows, peatland water chemistry, plant or animal
17 species or communities, or other natural features of the
I18 peatland scientific and natural areas shall be made unless
approved by the commissioner; -
1 20 (7) motorized uses that are encaoed in, on corridors of
21 disturbance, on or before the effective date of this act;
I22 (8) control of forest insects, disease, and wildfires, as
23 described in a manacement plan adopted by the commissioner under
I24 subdivision 6; and
25 (9) geological and geophysical surveys which would A
I 26 sicnificantly modify or alter the peatland water levels or
27 flows, peatland water chemistry, plant or animal species or
I 28 communities, or other natural features of the peatland
29 scientific and natural areas.
30 Subd. 6. [MANAGEMENT PLANS. ] The commissioner shall
I
31 develop a m..nagement plan for each peatland scientific and
32 natural area designated under section 18 in a manner prescribed
I33 by section 86A.09.
34 Subd. 7. [ESTABLISHING BASELINE ECOLOGICAL DATA. ] The
I35 commissioner shall establish baseline data on the ecology and
36 biological diversity of peatland scientific and natural areas
1 13
1
1
03/18/91 (REVISOR ] PER/JC WD3
1 ACTIVITIES. ) (a) Temporarily crossina or entering a wetland to 1
2 perform silvicultural activities, including timber harvest as
3 part of a forest manaaement activity, is oermitted so lona as
4 the activity limits the impact on the hvdroloaic and biologic
5 characteristics of the wetland; the activities do not result in 1
6 the construction of dikes, drainage ditches, tile lines, or
7 buildings; and the timber harvesting and other silvicultural '
8 practices do not result in the drainaae of the wetland or public
9 waters. I
• 10 (b) Permanent access for forest roads across wetlands is
11 permitted so lona as the activity limits the impact on the '
12 hvdrcloaic and biologic characteristics of the wetland; the
13 construction activities do not result in the access becoming a
14 dike, drainaae ditch or tile line: with filling avoided if
15 possible; and there is no drainaae of the wetland or public
16 waters.
17 Sec. 26. Minnesota Statutes 1990, section 103G.271,
18 subdivision 6, is amended to read: '
19 Subd. 6. (WATER USE PERMIT PROCESSING FEE. ) (a) Except as
20 described in paragraphs (b) to (e), a water use permit I
21 processing fee must be prescribed by the commissioner in
22 accordance with the following schedule of fees for each water I
23 use permit in force at any time during the year:
24 (1) 8c85-cents-per-i7888-geiiens-ter-the-first-5878887888 '
25 gal=one-per-pear;
26 tit-8718-Cents-per-i7888-gallons-for-eme=nt -gr eater-than
27 587888;888-gelions-bat-leas-than-18878887888-gaiiens-per-pear;
28 ti'- 0.15 cents per 1,000 gallons for amounts greater than
29 100,000,000 gallons but less than 150,000,000 gallons per year;
30 end
31 fib (2Z 0.20 cents per 1,000 gallons for amounts greater
32 than 150,000,000 gallons but less than 200,000,000 gallons per
33 year;
34 t5t (3J 0.25 cents per 1,000 gallons for amounts greater
35 than 200,000,000 gallons but less than 250,000,000 gallons per I
36 year;
22 '
1
1
03/18/91 (REVISOR ) PER/JC WD3
1 f6} (4Z 0.30 cents per 1,000 gallons for amounts greater
' 2 than 250,000,000 gallons but less than 300,000,000 gallons per
3 year;
4 fit (5) 0.35 cents per 1,000 gallons for amounts greater
5 than 300,000,000 gallons but less than 350,000,000 gallons per
' 6 year;
7 f8} (6) 0.4C cents per 1,000 gallons for amounts greater
8 than 350,000,000 gallons but less than 400,000,000 gallons per
9 year; end
' 10 t9t (7Z 0.45 cents per 1,000 gallons for amounts greater
11 than 400,000,000 gallons per year but less than 500,000,000
12 gallons per year;
' 13 (8) 0.50 cents per 1,000 gallons for amounts greater than
14 500,000,000 gallons per year but less than 1,000,000,000 gallons
15 per vear;
16 (9) 0.55 cents Der 1,000 gallons for amounts greater than
' 17 1,000,000,000 callons per year but less than 2,000,000,000
18 callons per vear;
19 (10) 0..60 cents per 1,000 oallons for amounts greater than
20 2,000,000,000 canons per year but less than 3,000,000,000
21 gallons Der year;
22 (11) 0.65 cents Der 1,000 callons for amounts greater than
' 23 3,000,000,000 callons Der year but less than 4,000,000,000
24 gallons per year;
25 (12) 0.70 cents per 1,000 gallons for amounts greater than
i26 4,000,000,000 oallons Der year but less than 5,000,000,000
27 gallons per year; and
' 28 (13) 0.75 cents per 1,000 gallons for amounts greater than
29 5,000,000,000 canons per year.
30 (b) For once-through cooling systems, a water use
31 processing fee must be prescribed by the commissioner in
32 accordance with the following scnedule of fees for each water
33 use permit in force at any time during the year:
' 34 (1) for nonprofit corporations and school districts:
35 (i) 5.0 cents per 1,000 gallons until December 31, 1991;
' 36 (ii) 10.0 cents per 1,000 gallons from January 1, 1992,
23
h.
03/18/91 (REVISOR ) PER/JC WD3
1 until December 31, 1996; and
2 (iii) 15.0 cents per 1,000 gallons after January 1, 1997;
3 and
4 (2) for all other users after January 1, 1990, 20 cents per
5 1,000 gallons.
6 (c) The fee is payable based on the amount of water
7 appropriated during the year and in no case may the fee be less 1
8 than $50. The commissioner shall notify all permittees of the
9 fee changes authorized by this law by July 1, 1990. The I
10 commissioner is authorized to refund 1989 water use report
11 processing fees under this subdivision. '
12 (d) For water use processing fees other than once-through
13 cooling systems: '
14 (1) the fee for e-eitp-of-the-first-class entities other
15 than power producers may not exceed $1- 5 7888 5350,000 per year;
16 (2) the fee for ether power production entities for any
17 permitted use may not exceed:
18 fit-5357808-per-peer-fer-en-entity-herding-three-or-fewer
19 permits-
20 fii}-$58;888-per-leer-fer-en-entity-holding-fee;-er-five
21 per..,_tev
22 fiiit-$195 1-888-per-peer-fer-en-entity-holding-more-than '
23 five-permits 51,000,000 per year;
24 (3) the fee for agricultural irrigation may not '
25 exceed $958 $2,500 per year.
26 (e) Failure to pay the fee is sufficient cause for revoking I
27 a permit. A fee may not be imposed on an agency, as defined in
28 section 168.01, subdivision 2, or federal governmental agency
29 holding a water appropriation permit.
30 (f) For once-through systems fees payable after July 1,
31 1993, at least 50 percent of the fee deposited in the general
32 fund shall be used for grants, loans, or other financial
33 assistance as appropriated by the legislature to assist in
34 financing retrofitting of permitted once-through systems until
35 December 31, 1999. The commissioner shall adopt rules for
36 determining eligibility and criteria for the issuance of grants,
24 '
1
' 03/18/91 (REVISOR ] PER/JC WD3
1 loans, or other financial assistance for retrofitting according
2 to chapter 14, by July 1, 1993.
3 (g) This subdivision applies to permits issued or effective
' 4 cn or after January 1, 1990.
5 Sec. 27. [EXEMPTION FOR APPROVED PROJECTS. ]
6 Subdivision 1. [URBAN COMMUNITIES. ] Development Projects
7 and ditch improvement projects in the seven-county metropolitan
' 8 area and in cities of the first and second class that have
9 received preliminary plat approval, or infrastructure that has
10 been installed, or having site plan approval, conditional use
11 permits, or similar official approval by a governing body or
' 12 covernment agency, on or before the effective date of this act
13 are exempt from provisions of this act.
' 14 Subd. 2. [SMALLER COMMUNITIES. ] Development projects and
15 ditch improvement projects outside the seven-county metropolitan
16 area and outside cities of the first and second class; that have
17 received final plat approval, or infrastructure that has been
18 installed, or having site plan approval, conditional use
' 19 permits, or similar official approval by a governing body or
20 government agency, on or before the effective date of this act
' 21 are exempt from provisions of this act.
22 Sec. 28. [EXEMPTION FOR WILD RICE LANDS. ]
23 The provisions of this act do nct apply to land on which
24 wild rice is planted, grown, or harvested, or land for which a
' 25 permit is acauired for the development of water impoundment
26 structures and facilities for the growth and harvesting of wild
I 27 rice.
28 Sec. 29. (REPEALER. ]
29 Minnesota Statutes 1990, section 103G.221, subdivisions 2
30 and 3, are repealed.
31 Sec. 30. [APP :OPRIATION AND BONDS. ]
32 S50,000,000 is appropriated from the bond proceeds fund to
33 be divided as follows:
11 34 (1) $25,000,000 is appropriated to the board of water and
35 soil resources to implement section 6, of which up to $5,000,000
36 may be expended for wetland restoration under section 103F.515;
25
03/18/91 (REVISOR ) PER/JC WD3
1
(2) $25,000,000 is appropriated as follows to:
2 (a) Board of water and soil resources for the reinvest in 1
3 Minnesota conservation reserve program, section 103F.515:
4 $10,000,000;
5 (b) Commissioner of natural resources for the reinvest in
6 Minnesota resources program: $15,000,000 divided as follows:
7 acquire and enhance fish and wildlife under section 84.95,
8 subdivision 2, clause (4) :
9 (1) fish habitat acvuisition: $450,000;
10 (2) wildlife habitat acvuisition: 51,500,000;
11 (3) scientific and natural areas acvuisition and 1
12 enhancement: 5600,000;
13 (4) wildlife habitat enhancement: $2,300,000;
14 (5) fish hatchery improvements: S1,220,000;
15 (6) fish habitat enhancement: 52,300,000;
16 (7) grassland/brushland enhancement: $1,000,000;
17 (8) native prairie bank lands, acvuisition and improvement .
18 of, under section 84.96: $1,130,000; and
19 (9) transfer to the critical habitat private sector
20 matching account for purposes of sections 84.943 and 84.944:
21 $4,500,000.
22 To provide the funds, the commissioner of finance on request of
23 the governor shall sell and issue bonds of the state in an
24 amount up to $50,000,000 in the manner, upon the terms and with 1
25 the effect prescribed by sections 16A.631 to 16A.6.75, and by the
26 Minnesota Constitution, article XI. Revenues deposited pursuant 1
27 to the increased fees in section 103G.271, subdivision 6, as
28 amended in 1991, shall be applied to pay for the bonds. 1
29 Sec. 31. (GENERAL FUND APPROPRIATION. ]
30 $400,000 is appropriated from the general fund for the 1
31 purposes of this section.
32 (a) Of this appropriation, $200,000 must be allocated to
33 the Minnesota extension service in order to establish a wetlands
34 clearinghouse and provide information, appropriate educational
35 opportunities, and other assistance to individuals and
36 interested groups about wetland values and benefits,
26 I
1
• 03/18/91 [REVISOR ] PER/JC WD3
1 restoration, creation and enhancement practices, the
2 requirements of this law, and the programs and requirements of
1 3 other state and federal law.
4 (b) $200,000 is appropriated to the commissioner of natural
5 resources for the Purpose of contracting for and reimbursing
6 local government for expenses incurred in the abatement and
7 control of beavers causin- damage, durin- the biennium be-inning
' 8 July 1, 1991.
9 Sec. 32. (EFFECTIVE DATE. ]
' 10 This act is effective the day following final enactment.
I
1
I
1
I
I
1
I
I
I
I
' 27
•
CITY OF 11
CHANHASSEN
i
,,E^-_; 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 '
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Paul Krauss, Planning Director OL-
DATE: April 3 , 1991
SUBJ: Request for Proposals/Surface Water Utility District 1
As the Council is aware, staff has sent our preliminary requests
for qualifications to a number of consulting firms to conduct
planning work associated with the newly adopted Surface Water
Utility District. The district has been in existence since January
and we have completed the first billing cycle. There have been
relatively few comments or complaints and we believe that staff has
been able to resolve most of them. We have put several of our
written responses in the Administrative Section of recent packets.
Requests for qualifications have gone out to approximately 15 to 17
firms. After discussions with the Mayor, we have undertaken a
program whereby an in-house committee will winnow these initial
proposals down to a short list of 3 to 5 firms. At that point, the
remaining firms will be requested to undertake an in-depth formal
response to a detailed work proposal. Staff would like to have the
City Council and possibly Planning Commission involvement in the
ultimate selection of the final firm. Not only is a significant
sum of money likely to be involved, but this is an in-depth 18 to
24 month program that will result in a long term relationship with
the selected firm and we therefore, believe that Council and
Planning Commission involvement is extremely important.
Based upon the foregoing, I am requesting that the Mayor and
Council discuss appointing 1 to 2 members of the Council and 1 to
2 members of the Planning Commission to sit on a review committee
with in-house staff to select the final firm. We currently believe
the final selection will probably need to be made in May or June.
I would also like this committee to help define a task force that
will work with the selected consultant on development of the water
quality plan, wetland ordinance and plan and storm water management
plans. Although these are likely to be technical studies, they do
involve a larger number of privately owned properties and lakes
throughout the city and it is my personal opinion that the Planning
Commission alone is probably not ideally suited to undertake this
I
1
Request for Proposals/
Surface Water Utility
April 3 , 1991
Page 2 -
responsibility. It is my recommendation that a task force be
developed that comprises of members of the City Council, Planning
Commission, representatives of lake homeowner associations,
interested residents and a developer or two, with the total size
not to exceed 7 to 10 people. The creation of this task force is
' in no way intended to remove the Planning Commission or City
Council from review or approval of final plans and we will of
course be developing a public information forum, similar to what
was done with the Comprehensive Plan, to keep our residents
' informed along the way.
I
1
1
I
I
1
I
I
I
I
1
I
t
March 15, 1991 •
1
1'
Dear 2" :
The City of Chanhassen is seeking to retain consultant assistance I
in preparing and implementing a coordinated water quality
improvement, no-net-loss wetland protection plan and storm water
management plan. The effort and on-going work related to it is
being funded by the City's recently adopted Surface Water Utility
District. Consultant selection will be a three phase process. A
technical advisory committee will review the Statement of
Qualification responses and develop a short list of up to five
firms. These firms will be asked to respond to a more formalized
Request For Proposal. Ultimately, after negotiations, the City
Council will make the final selection.
WORK PROGRAM/PROJECT TEAM
The City has elected to undertake a coordinated approach to the r
three work items. We believe this will result in the most cost
effective and environmentally responsive plan possible. Although
coordination is required, each plan should be developed as a
separate document in accordance with an agreed upon work schedule.
The City is willing to consider project teams comprised of several
firms if this results in the best option for the community.
However, the project teams must be developed by the responding
firms and the principal firm will be responsible for all internal
coordination, scheduling, billing, etc.
BRIEF SUMMARY OF WORK PROGRAM
Wetlands - The City has long maintained a wetlands protection 11
program. We now seek to improve the effectiveness .and
administration of our program, incorporate new methodologies and
develop an official wetlands map.
1
I
I
March 15, 1991
Page 2
Storm Water Management -. The City has several limited area
management plans but is seeking to develop a coordinated system for
the entire community.
Water Quality Plan - The City is seeking to develop a water quality
plan designed to maintain and improve the water quality of our
wetlands, lakes and Minnesota River. The plan should develop short
and long range monitoring programs and associated improvement
strategies.
STATEMENT OF QUALIFICATIONS
The Statement of Qualifications should include the following
information. The complete response should run no more then 25
pages, including all supplementary information.
1. Brief overview on your firm's approach to this type of
program. Describe methodologies you may wish to employ.
2 . Identify key staff people that would be directly involved
' in the project and provide information on their related
experience.
' 3 . Provide information on similar projects your firm has
undertaken.
I Your response should be received by the City no later than Friday,
April 5, 1991. Please contact myself or Charles Folch, Assistant
City Engineer, if you have any questions.
Sincerely,
Paul Krauss, AICP
Director of Planning
PK:v
cc: Planning Commission
City Council
I
1
I
' I
1
CITYOF
CHANHASSE.N
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
April 3, 1991
Mr. Gordon Voss
Chief Administrator
Metropolitan Waste Control Commission
Mears Park Centre
230 East 5th Street
St. Paul, MN 55101
Dear Mr. Voss:
I had an opportunity to attend one of the breakfast meetings on the
1992 to 2010 Implementation Plan for the Metropolitan Waste Control
Commission. I am pleased to see that the Commission is continuing
to undertake an outreach program for local government and on behalf
of the City of Chanhassen, we would like to remain involved in the
process.
In reviewing the document, the concern that I find I must raise is
relative to Appendix B, Metropolitan Council Policy Plan
Requirements. Policy 1-10A states that Metropolitan Waste Water
Facilities should serve only lands located inside the MUSA area.
We do not dispute the policy as such, but note that the Metro
Council is currently in the process of amending their plans to
recognize that there are "transition areas" which are areas located
outside of the present MUSA line but are highly likely to be
developed in the not too distant future. As a rapidly developing
community, Chanhassen has some of these areas. We are not
requesting MWCC capacity for them at this time, we believe it is
prudent for your planning process to recognize the likelihood that
service into these areas will ultimately be required. I am certain
that there are many other communities in the Twin Cities that have
similar situations as witnessed by the good deal of support and '
interest shown by communities in the Metro Council 's new Rural Area
Policies.
At the present time, Chanhassen has a significant MUSA line I
amendment being reviewed by the Metropolitan Council and we have
worked extensively with members of your staff to ensure that there
is adequate capacity and that your standards are being complied
with. We are also currently working with MWCC staff on the ongoing
I
Mr. Gordon Voss
April 3, 1991
Page 2
study of the disposition of the Chaska Sewage Treatment Plant.
Chanhassen is in somewhat of a unique situation in that the
southern portion of our city is surrounded by urbanized development
on all four sides yet there appear to have been little
consideration as to how this area would be served as development
occurs. We have actually had land annexed by the adjacent City of
Chaska in these areas since they had the ability to serve it and we
did not, which puts us in a rather difficult position. Please be
assured that we are not trying to promote any sort of leap frog or
premature development in undertaking these considerations, it is
simply that we believe effective planning dictates that this issue
be studied and accommodated so that when it does arise it can be
adequately resolved.
Sincerely,
Waul Krauss, AICP
Director of Planning
PK:v
cc: Planning Commission
City Council
Dave Drealan, SW Communities Coalition
I
I
I
1I
I
c 't by the
Lucy and
icritical
rding the
D mation.
-91)
I
I
I