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Admin Section ADMINISTRATIVE SECTION Note from Carroll Hanna dated August 5, 1991. Letter to Chanhassen Senior Club dated August 8, 1991. ' Letter to Mr: ` & Mrs. Kenneth Lang dated August 8, 1991. Letter from Jim Carson dated August 7, 1991. Letter to Mr. James Schmidt dated August 12, 1991._ Letter from Richard J. Stolz dated June 27,- 1991. Memo from Karen Engelhardt dated August 14, 1991. ' Photo from City Business Commercial Real Estate Guide, July 29, 1991. Summer 1991 Southwest Metro Transit News. Letter to Mr. Roger Gustafson dated August 14, 1991. Letter from Elizabeth Glaccum dated August 17, 1991. Letter from Karen A. Humphrey dated August 9, 1991 and attachments. Letter to Mr. •Conrad Fiskness dated August 5, 1991. Thank you note from Betsy Glaccum dated August 15, 1991. Letter from Wayne Poppe dated August 18, 1991. ' Letter to Mr. James Jessup dated August 21, 1991. H.R.A. Accounts Payable dated August 12, 1991. ' Future City Council Agenda Items for Engineering dated August 22, 1991 Memo from Paul Krauss dated August 20, 1991. ' H.R.A. Accounts Payable dated August 26, 1991. • I 11 I t f 1 1 1 1 1 1 1 1 1 1 1 1 II Q.DC'CI e I Z t ,,...›6 ! r ^ C---0 . 1 1 i *::::) i t . '41:: IL e E i Ytz=b, ••• 0., ......, 9...b ..........._ i\-t} t % - ' ' h- 1.4:24Ti . t:::::) .i _.............._ • f 116. Illb r ... 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C1TYOF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 August 8, 1991 Chanhassen Senior Club c/o Mrs. Marion Stultz 112243 Geske Road Chaska, MN 55318 1 Dear Members: As you are award, the City Council formally established the Chanhassen Senior Commission late last year to work on issues of concern to our senior community. In the past, we have tried to emphasize to the members of the Chanhassen Senior Club .that the creation of the Senior Commission should not be viewed at as possibly diminishing the role of the Chanhassen Senior Club. In fact, the reverse is probably true. The Chanhassen Senior Commission believes that the Senior Club is an ongoing and valuable activity for area seniors. At the same time, however, the Senior Commission has indicated a belief that the activities provided by the Chanhassen Senior Club do not represent the full range of activities that would ultimately be incorporated in a senior center should one be developed in Chanhassen. These could include recreational and educational programs, education and informational services, meals, etc. At the present time, the Senior Commission is working on short and long range proposals that could lead to the creation of space for senior activities in the community. It is assumed that if any of these plans become a reality, that provisions would be made to accommodate the regular meetings of the Chanhassen Senior Club. At this point, it would be extremely useful to the Senior Commission if we could have members of your organization delegated to sit down and discuss your goals for the group and your space needs. I am sure that if we all put our heads together we can come up with some great ideas for this space that will hopefully meet the needs of the entire Chanhassen senior community. I want you all to feel free to contact either Sharmin Al-Jaff, who is on my staff, myself, or any members of the Chanhassen Senior Commission at your convenience to discuss this further. If you like, we would be happy to come to one of your meetings and discuss this with you further. You are of course welcome and encouraged to attend any of .4p PRINTED ON RECYCLED PAPER I Chanhassen Senior Club • August 8, 1991 Page 2 ' the Senior Commission meetings which are scheduled for the third Friday of every month at 9:30 a.m. in the City Council Chambers. Sincerely, Paul Krauss, AICP Director of Planning PK:k ' pc: Chanhassen Senior Commission Mayor and City Council II • I I 1 1 1 1. I 1 C I TY 0 F \ - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN,MINNESOTA 55317 ;- (612) 937-1900 • FAX (612) 937-5739 August 8, 1991 1 , . Mr. & Mrs. Kenneth Lang 2631 Forest Avenue Excelsior, MN 55331 Dear Ken and Betty: Enclosed for your records is a copy of the executed Temporary Construction Easement allowing construction of a roadway ditch along the extreme easterly border of your property. This ditch - will service the new access road to Herman Field Park. r On behalf of the City of Chanhassen, I would like to thank you for your assistance in this matter. Your cooperation is greatly appreciated and is an essential component of this improvement project. Through our discussions and by listening to your comments at Commission meetings over the years, I feel I have an understanding of your general concerns and opinions in relation to the development of the park. I will honor these to the greatest extent possible as the development and usage of this area continues to evolve. i Again, thank you for your assistance. ; Sincerely, Todd Hoffman Park and Recreation Coordinator TH:k t. ry pc: ✓City Council Administrative Packet, August 26, 1991 Park and Recreation Commission Administrative Packet, August 27, 1991. • r _ r 49t PRINTED ON RECYCLED PAPER 1 :gi I I nuotz DANIEL Fluor Daniel, Inc 4600 Madison Avenue, Suite 900 I Kansas City, Missouri 64112 (816) 561-5757 August 7, 1991 IIPaul Krauss Planning Director II Chanhassen P.O. Box 147 690 Coulter Drive Chanhassen, Minnesota 55317 II Dear Mr. Krauss: IIJust a short note to thank you again for all your help and kind hospitality during our visit to Chanhassen last month. You I certainly did make our job much easier by arranging for the appropriate officials to meet with us. This information will allow us to start design on the new National Weather Service (NWS) facility. IWe particularly appreciated the city staff taking time to collect the appropriate maps and forwarding the soil information to us. II It is rare that we are able to gain so much information so quickly and so easily. II Please extend our thanks to those on the staff who met with us and were so helpful. It is easy to see that they all take great pride in Chanhassen, and from what we saw, that pride is well justified. 1 We expect to begin design on the Chanhassen NWS facility in February, 1992. If we don't experience any unexpected schedule changes, we should be ready to send you a 35% design for review in IIApril, 1992 . Thanks again for all your assistance, and we will look forward to II working with you and your staff to successfully complete this important project. ISincerely, ` t im Carson, PE . Predesign Engineer I REFINE W cc: John Sedovic, SEPO I AUG c0 9 1991 CITY OF t.r Nt1A SSEb• I .. I CITYOF ,. , F cHALIHAssEN . 1 1 - 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 �'7 (612) 937-1900 • FAX (612) 937-5739 I I I I August 12, 1991 t Mr. James Schmidt g I Transportation Supervisor Minnetonka Public Schools il 261 School Avenue / . Excelsior, MN 55331 , Re: School Bus Turnaround Request It:: I File No. PW-304 Dear Mr. Schmidt: I I have received your letter confirming the specific aspects of our recent phone conversation related to the Hanus Bus Company's II request to make use of the circular driveway around Chanhassen's Well No. 3 located on Galpin Boulevard for a bus turnaround. I have conferred with my Utility Superintendent and it does not appear that this use would adversely impact the well facility II itself or maintenance thereof. As I had mentioned before, this facility is maintained daily during the winter months. However, there may be a rare occasion on which plowing of the turnaround may II not occur prior to the bus arrival.: An alternative measure should be planned for the occasion when this turnaround may not be accessible during adverse weather conditions. -- T II herefore, if it is the desire of the Minnetonka Public School District and Hanus Bus Company to make use of the circular turnaround at Well No. 3, the City of Chanhassen, in the spirit of agency cooperation, will permit this use. If some sort of problem should arise in the future due to this use, I am confident that we can work cooperatively to resolve the matter. If you should have I . Ilk PRINTED ON RECYCLED PAPER 11 Mr. James Schmidt August 13, 1991 Page 2 II any further questions or comments on this matter, please feel free to contact me at 937-1900. Sincerely, CITY OF CHANHASS e5X‘ Charles D. Foich, P.E. ' City Engineer CDF:ktm c: Don Ashworth, City Manager Dave Hempel, Sr. Engineering Technician Jerry Boucher, Utility Superintendent City Council Administrative Packet (8/26/91) . • i I .1 II • • Minnetonka LI Juiv Le, 171c11. Public Schools ,,r,,", Learning Today for Leading Tomorrow L-h a r l e_ r=c.l c h �a City Engineer PT r UkYUR + r Chanhassen City Hall r �'crila fi�F: 690 Colter Drive tn ((YI.,?;n P. O. Box 147 v , RECENED Chanhassen, MN 55317 JUL 2 9 1991 s�..,�.z;�u JUL 2 9 1991 Mr. Folch, E ' '�'';=-=rintb Ct r r yr �rtnrvnei SEN-• Thank you for your initial positive reaction to this _c: _ol di strict' s trar:cportat ion related request. In anticipation of your written approval I am scheduling our elementary school bus to run down Galpin Boulevard past Lake Lucy Road. • Just to recap the circumstances for future reference, the district has been asked to provide school bus service to the Ruder family living at 6831 Galpin, Boulevard. The reside-hce is located just below Lake Lucy Road on Galpin. - Because of the traffic on Galpin; it would be unsafe for children of elementary school age to walk along the Boulevard. To complicate matters, there is also no place for a school bus to turn around on Galpin between Lake Lucy Road and Highway 5, with one possible exception. According to Fred Hanus of the Hanus Bus Company, a bus could turn around in the circular driveway at Charrhasserr' s Well #3. It would take no more than a five minute addition to the school bus schedule to include this turn around and stop. It is my understanding that it would also pose no problem to the city of Chanhassen if a bus makes a daily turn around at the well house location. Furthermore, that adverse winter weather will not be an undue hinderance to the bus since the city maintatrtrance crew plows snow at Well #3 as a regular priority. (The bus will not run through the well turn around until after 8:30 a. rn. on any given schoolday. ) In the event of an exceptional amount of bad weather, it is most likely that a two hour delay to the start of school would be called, providing enough time for the extra plowing required to be done. Given these facts, it seems that it would be physically - possible to provide school bus service to the lower Galpin Boulevard area if the city of Chanhassen gives its permission for the school district to use Well #3 as a bus t urn around. (612)470-3400 Business Office ; 261 School Avenue, Excelsior,Minnesota 55331 FAX (M2)C70-343211 II Thank you in advance for your assistance in securing this ' benefit for your residents. - I hope that I have summarized the situation to your satisfaction.- Please confirm your intentions to allow the district to proceed with this plan to use the driveway of Well #3, and/or respond with a request for further clarification. ' Sincerely, amen chmidt Transportation Supervisor I r I I I I __ Tli II f'CA 1A r c 05 4i.,►F T'. 1Y.RC00 CL / — , P Office Of 'h ii 'A' CARVER COUNTY COURTHOUSE COUNTY ADMINISTRATION i l 600 EAST 4TH STREET Phone 448-1207 / CHASKA.MINNESOTA 55318-2186 de, !' (612) 448-3435 I - lIV1V ES°'�S COUNTY OF CA VEQ 1 June 27, 1991 ,iLc,_ - V7u f-' ...L e 47-! 1 } �� Don Ashworth, City Administrator I City of Chanhassen - 690 Coultier Drive Chanhassen, MN 55318 1 Dear Mr. Ashworth: Soon it will be necessary to begin redistricting in your community. I realize that the completion date for the process is not until 1992, but the earlier all entities can begin, 1 the better for all. Carver County will have a very short period of time to complete its plan (less than 30 days). I presume the State of Minnesota's redistricting plan will ultimately be resolved by the courts. This has happened the last two times redistricting has 111 occurred, and I see this redistricting effort to be no different. Carver County must wait until cities complete their redistricting prior to beginning our effort. Usually the city's ' precinct boundaries are not a major concern to the County's redistricting effort. 1 Therefore a tremendous amount of preliminary work can be accomplished prior to the city completing its boundaries. However, this time, due to tremendous continued growth in your city's population, your redistricting efforts will have a significant impact on Carver County's efforts. Given Carver County's short time frame for completion of redistricting, I encourage 1 you to begin your process as early as possible. . This will allow adequate time for our elected officials to fully address the issue and allow maximum citizen input into the process. I see no reason to wait for the deadline if the census information is available. I Please respond with your thoughts on this issue. I look forward to hearing from you as soon as possible. I incerely, Ilk 1 , Richard J. RECEIVED County Administrator .JUL 0 2 1991 I nil y or i,n,;Ivr1ASSEN 1 Affirmative Action/Equal Opportunity Employer Printed on Rec ckd Paper • I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Norma Schuller, Receptionist Nikki Dummer, Receptionist Gina Burmeister, Receptionist 11 FROM: Karen Engelhardt, Office Manager DATE: August 14, 1991 SUBJ: Commendation I received a telephone call today from Councilman Wing regarding a citizen who had contacted him about a problem he was having with his back yard. Councilman Wing stated that this resident was very upset with the city about his problem and the length of time it took to resolve it. However, the resident also told Councilman Wing that he appreciated the friendly greeting he received each time he came to City Hall and- that the receptionist's helpfulness eased his anger. I would like to congratulate each of you for the good job you do greeting customers at the front counter. I know it is not always easy to work with someone who is very angry, but in this instance you made a lasting impression on this resident. Keep up the good work! pc: Personnel File " _.._,. City Council Administrative Section, August 26, 1991 • t; 1 vs 0, PRINTED ON RECYCLED PAPER gai All r ac N . . _9 .,..„, ... ,. ,.,.,- . . . , ....„,,...„..,. .,. ,........... ........,. ,.,. :'.: 'H.' ,. re _J 6 "'# acs Cr,'A '. 4, „, ,".,j., . MR S ,�� , N /R;, ,,,;;;;;41 •.i%ar 8 �� k; .;, x 1 r.'°' ,r y ''s..ex R r! p „,M ..j �fi ■ .�;, X a >y '. 'a; From left Mayor � y ,k . , '''^:';',;',.;:':' ��y £� , �, left, ,.i +. .190.42. : y.t* `` f' •;;•;.)'.a' ? p" +'f�'`Yi�• T�t+T «�Nr`;"'''�:..b�' .01414.id'rhx°Lr„ Don Chmiel, p , ,�, .i ��� , , 1:�;, . �_?t,:��� ,r i t Eit, . McGlynn Bakeries �i ..��.,,r�' . , , �►. ; `„f ' 1 M s`:l ``r :, ' ,r,F,, ,, , ,, > President Mike g. E1,. - . 4, - ,-..' ,:, r N .. ;•wi McGlynn and as- , 7 -, „' , ` �� _' sistant city man- " ` ° ager Todd Ger- ,.'-'"7";'',',..,:i4,,,,,„ A hardt in front of r a A ^a �C r . r �" s q ^ate the company's '.0 A,. �., r ii r 4, iPx w <•'.,-ft w s., ,�, , y n , ' w Chanhassen oper- f r w' rz s u4ti x } Bx y ations. Land prices N ° + „ � � , made the city an �, f"'''› - t�• attractive place for k,^ to a ��,, . � Ali r McGlynn to build ,: y � w4 „��4 w.i „ T xE r a,•,• 1 tta Y T>x ti '"y���Ei:K' r , �.; w �,a, . > r s: t a , i{ ,1 v' ". tt. -,fir e,. —its current r ,, 4::; 11,,, ;r : A M nor ; o. . �., :. ,....:° ". �*` i .w � 2r{rr�• 7�F< p� F�a^a"" n.. std 4 ,�s �M xr"G�'"x+.+7� '}�1.'1�'ab'Ay f•'.�''� �.'ttra,• J ti�ect is an 85,000- . w ':: + �,. ,; t y , t r v>i �t �` x Zs"t .�,At t ; ^, ?a�`rG;°yW t' 1 ti t y,, 4 V.lF R•t My t S� Iw firi X" '� r 'a4 ',.`F' .ir"h'ui.„a CeE.,"n 4<,p {"¢ ftt( 7y�p*g:u`,s.square-foot f i Y P 4+ } ,,,,,--,.....,;,• v'Y�t' pR Y1�,3�( f 0 ^t(e,'�1! �°"'R ^14 i�fa r(1 „S, • i ySf�ya�tr jt + t9'. >v a;�`' f� 1S nf„ gyp addition. r .n t ct die • «' "� r Ji + k' r ^ w2 3 rh �'`;• 4 JULY 29, 1991 CITYBUSINESS COMMERCIAL REAL ESTATE GUIDE PO4 !f litta4. Pc)slik2-' I I 1 é& WthTMEthà TRANSIT NE W S VOLUME 2, NUMBER 1 SUMMER 1991 . I • WELCOME TO - 1 SOUTHWEST VEINRSOIT II' IIIIIIIIIIII 1 y-. +r ��-, mar =�ecn x Southwest Metro Transit is here to - } Y�, J� y R '� 'wit✓4 1 Vig- il give residents of Chaska, Eden Prairie, W 3 and Chanhassen convenient, reliable, • • safe, efficient, and comfortable public I transit to and from downtown Minne- EXPRESS SERVICE NEWS apolis,to Southdale and Glen Lake, • and within and between our cities. The latest information about the downtown between Sixth and Eighth Now in our fifth year of operation, Valley View Road detour is that it Streets Southwest Metro Transit provides over will happen in early August. When it 6. Riders would enjoy the I 1000 rides daily. does, Valley View Road will be closed convenience of midday service or We hope that this newsletter plus between Bittersweet Drive and early evening service but would use it periodic bulletins will give you, our Howard Lane for four to five days only occasionally riders, a better understanding of our (Monday through Thursday or Friday). 7. Careful,efficient drivers;clean, • transit system and keep you informed Routes 53C and J buses will be well-maintained buses;and getting a of changes and improvements in rerouted on Eden Prairie Road seat are important considerations in 1 service, transit news, and other infor- (County Road 4)/Highway 5/Mitchell using the service mation of interest to you. We welcome Road. Watch the large highway signs Responses to comments made comments and questions about our along Valley View Road for the exact on the rider surveys: IItransit service and the newsletter. dates. Please call us at 934-7928. Recent express rider surveys I Route 53C now also leaves Southwest Metro Transit, under p y downtown at 3:40pm (Washington 1 contractual agreement, operates a fleet . tell us: and Marquette Avenues)for riders of eleven express buses, one 1. Most of our riders live in who work until 3:30pm or otherwise incommute bus, and six Dial-A-Ride Eden Prairie wish to leave downtown early. This IIvans. 2. Most riders use a fare card, trip will also relieve standing loads on Southwest Metro Transit sched- usually the MTC's later buses. • ules are available at no charge on our 3. Frequency of service ranks as III Service improvements buses, at the MTC Transit Store in the most important feature of service planned for this fall will help reduce downtown Minneapolis, from South- with convenient location second standing loads. SMTC monitors daily 1 west Metro Transit, and at many 4. Most riders take the bus from ridership on each trip for trends and • locations around Eden Prairie, a park and ride lot problems. Chanhassen, and Chaska. 5. Most riders board the bus Express Service continued on page three I -. —Page One- - reisti....?,i 'm I Ilk Zi.) Since Southwest Metro Transit began providing service in 1986, planning strategy increases the . BUS ROUTES likelihood that our plans will support DON'T JUST ridership has increased from 8,000 and be supported by metropolitan passenger trips per month.to over area-wide transit solutions. - I HAPPEN 23,000 trips per month. Thus,formu- (Part two in a series— This column p p Ideally, park and ride lots will be discusses transit planning to help lacing a strategy for future park and located in areas providing safe, , Southwest Metro Transit riders ride lots is an immediate concern for convenient, and accessible roadways Commis- understand the service they are using. the Southwest Metro Transit Commis- for the express rider who chooses to Future topics: how service needs are lion and one which was addressed in drive to a lot to obtain service. Ex- ' this study. press routes will eventually be ac- identified, how service is created, how P y ac- routes are determined, why stops are Another goal of this study was to cessed primarily through park and ride placed where they are, and how coordinate our plans for park and ride lots with local service operating for I service is evaluated and changed.) - lot development with major transporta- other riders who walk to bus stops to tion efforts underway in our area (for obtain service. We will keep you I In 1990, the Southwest Metro example, Highway 212). Southwest informed of the development of new Transit Commission hired the consult- Metro Transit's plans for future park park and ride lots. ing firms of LSA Design, Inc. and -and ride lot development will carefully Hoisington Group Inc.to help formu- consider highway construction projects - late interim and long-term plans for and plans for Light Rail Transit. These permanent park and ride lots for factors are of prime consideration in Southwest Metro Transit's express- determining the location, number, size, route service. design,timing, and cost of park and ride lots. In addition, we believe a I - may be purchased in packs of two or Riders must pay cash or use a Riders DIA L A �I DE y p p NEWS/1 v S ten by mail from SMTC (send a check Save!coupon each time they ride. �7 payable to Southwest Metro Transit to Riders are not able to charge rides or Dial-A-Ride (DAR), Southwest SMTC,7600 Executive Drive, Eden pay for them later. I. Metro Transit's shared-ride door-to- Prairie 55344). Coupons are not During July and August, service door van service for Eden Prairie, sold at city halls. Coupons are to Southdale Shopping Center is I Chanhassen, and Chaska, has available for peak-time rides(6:00- available Monday through Friday only undergone some changes recently. 9:00am and 4:00-6:OOpm Monday due to limited demand for Saturday The changes were necessary to keep through Friday) and non-peak-time service. This will provide better DAR I DAR within required performance rides (9:OOam-4:OOpm Monday service on other Saturday routes. standards,to improve operating through Friday and all day(9:00am- DAR continues to be available on efficiency to serve more riders, and to 6:00pm) Saturday). Peak-time Saturdays, 9:00am-6:00pm, as non- meet rising operating costs. Changes coupons cost$1.30 each and non- peak service. included a new fare structure based peak-time coupons cost$.75 each 1 on level of service rather than age with a ride reservation made at least Club Metro Dial-A-Ride,the new categories, use of discounted ride 24 hours in advance. (Sames-day DAR summertime fixed-schedule service,is coupons (Riders Save!coupons), and cash fare is$2.00.) There is no available for Chanhassen and Chaska improvements in service delivery and expiration date on Riders Save! riders. The route includes popular I reliability. coupons. destinations in the two cities including Riders Save!coupons can now Punch cards are no longer the Chaska Community Center. Ask 1 your be purchased from DAR drivers in accepted on DAR. Only cash or DAR driver for a brochure or call packs of ten coupons only. Coupons Riders Save!coupons are accepted. Dial-A-Ride continued on page three —Page Two— - i (r---r7)---"""eit .1.1_.)1F,k I DIAL-A-RIDE D EXPRESS IR Continued from page two SERVICE considered an express route along I934-7928 to request one. Club Metro Continued from page one Highway 169 between Chaska and is an excellent way for kids to get Eden Prairie but have concluded that around during the summer and, with • SMTC's service plan is to the ridership along the route would not ithe All-You-Can-Ride button, cheaper route buses through the service area support the cost. than regular DAR service. The button to accommodate more residents/ • The March 1991 fare increase is good through August service. and can be riders;thus, SMTC express routes do was mandated by the Regional Transit Ipurchased from DAR drivers and at not run along the perimeter of the Board, not determined by SMTC. Chanhassen and Chaska city halls. It service area (e.g., along 62nd Street, Express rides are subsidized by about County Road 18). $3.00 each despite the fare increase. offers unlimited rides on Club Metro II SMTC seeks rider involvement Reminder: The fare increase is onl I Dial-A-Ride and costs just$20 if thy re representation on the Corn- y purchased before July 31 and$7 if g p $.05 when riders use a fare card. purchased on or after August 1. Rides mission, surveys, feedback calls. ■ While SMTC strives to have as II SMTC welcomes calls from many regular drivers as possible, ' without the All-You-Can-Ride button cost$.75. riders. Office hours are 8:00am- routes or trips are sometimes given to DAR service to Shakopee 4:30pm Monday through Friday or substitute and 'extra-board'drivers. begins on a trial basis August 1. Call riders can leave messages on our This enables other drivers to learn the 944-7126 for details. phone machine. (With just two staff, routes and gives SMTC a larger pool Since DAR service is a shared- we are not always available to answer of potential drivers. We ask your ride service, available on afirst-come the phone.) Be sure to leave your patience with new drivers. Despite a basis (and not a taxi service), here are name and phone number(this is very thorough training program,they some tips for using DAR: important if you are calling about a sometimes need time to familiarize problem so that we can respond themselves with the details of a route 1. When scheduling a ride, allow appropriately). All phone calls with and with the typical traffic situation. plenty of time to reach your destina- name and phone number are returned (SMTC currently has 100% regular tion. as soon as possible. Complaints and drivers in the morning and 91% in the 2. Please cancel your ride if your problems are handled confidentially. afternoon.) ' plans change. Rider feedback is very helpful in • Regarding the number of 3. BE READY EARLY! Allow 10- planning routes and trip times. requests for a signalized intersection at 15 minutes before or after your pickup ■ Signs will be installed at the Shady Oak Road and the westbound I time for the van to arrive. Martin Drive/Highway 5 park and ride Highway 212 exit ramp: Hennepin 4. Please have your correct fare lot which will increase its visibility. We County, not the City of Eden Prairie or in cash, or a Riders Save!coupon, expect to increase service through the SMTC, makes such a decision. The I ready when you board. lot by late 1991. In addition,we plan City of Eden Prairie has requested a 5. Always wear your seat belt to install a telephone when the use of traffic study to determine the need for 1 and bring an appropriate car seat for the lot better justifies its cost. (The traffic signals to improve the flow of infants/children. park and ride lot is located in the traffic turning left onto Shady Oak The shared-ride nature of DAR northwest corner of the intersection of Road from the Highway 212 ramp. is allows for lower fares than those of a Martin Drive and Highway 5 in Eden •The overcrowding at the Shady taxi service. Prairie, next to Ochs Brick.) Oak Road park and ride lot has been • Riders may purchase corn- reduced since the Route 53E buses no - muter tickets by mail from SMTC. Just longer stop there. send a check payable to Southwest ■The unpadded rear bus seats, ` 11 I Metro Transit for$13.00 to SMTC, designed to withstand vandalism, are 0 f � . = g 1 Commuter Tickets, 7600 Executive standard in new buses whether or not ■ �`� = Drive, Eden Prairie 55344. necessary; in addition, it has become • Over the past year,we have too costly to pad each seat. I —Page Three- ......................................Si I I KEEPING SOUTHWEST METRO TRANSIT SERVICE AREA I POSTED GLEN LAKE R•WN- ■Tom Workman, Chanhassen (DIAL-A-RIDE) = OWN lit_ City Council member, was recently -£ . appointed to the Regional Transit PP g (53 EXPRESS) Board. Ruth Franklin of Anoka was re- appointed for another term. Both Tom I and Ruth will represent parts of .' SMTC's service area.The Regional EDEN PRAIRIE CHANHASSEN I Transit Board oversees all transit CHASM programs in the Twin Cities, including SOUTHDALE SMTC. • (&DIAL A-RIDE) ■ SMTC provided shuttle-bus • service during the U.S. Open for volunteers and guests. Over 550 people were transported during the INCOMMUTE SOUTHWEST METRO TRANSIT NEWS is published by the Southwest Metro eight days of the tournament. NEWS Transit Commission. , ■ SMTC's goal for 1991 is the Y Y Catherine Benson—Editor development of a transit system which We are working on redesigning the : Tom Sopczyk—Layout&Design is convenient and attractive to users. route to better accommodate the needs SOUTHWEST METRO TRANSIT Our concerns include buildin a of our riders. In addition,we are COMMISSION: I g working to relieve the overcrowding on Kevin Tritz,Eden Prairie positive image, increasing awareness UrsulaDimler,Chanhassen—Secretary of transit services, improving existing the 7:20am bus from Southdale. We Jay Johnson,Chanhassen—Treasurer service to residents and businesses, welcome your input, either by phone Gayle Kincannon,Chaska and expanding service to meet growth call or a possible survey on the bus. Debra ca d ,Eden Prairie—Vice of the area and rider needs. Our plans for 1992 and beyond chairman • Riders needing to travel to or include service to Chaska and Chan- Robert Roepke,Chaska—Chairman from downtown Minneapolis during the hassen. We are working with social ADMINISTRATIVE STAFF: day can use MTC service between service and job agencies to link riders Diane Harberts—Transit Administrator I y with employment in our service area. Catherine Benson—Administrative Asst downtown and Southdale and Dial-A- ADMINISTRATIVE OFFICE: Ride between Southdale and their _: 7600 Executive Drive II home or a park and ride lot. Call 827- ; Eden Prairie,MN 55344 �+ 7733 for MTC information and 944- COMING IN 934-7928,8::OOam-4:3OpmM-f 7126 to arrange DAR service. Trans- THE FALL - EXPRESS(53CEJK)INFORMATION: I fern are accepted between DAR and ISSUE Call 827-7733,Gam-11pm M-F and MTC for the base value of the fare. 7am-11pm weekends. `= • The proposed Nicollet Mall shuttle Or call Bus Line at 341-4287, - I (The fare for DAR service to/from P P 24 hours a day. - - — - Southdale is$2.00 one-way.) • Express service changes - EXPRESS LOST AND FOUND: • SMTC's comprehensive transit 349-7418 study DIAL-A-RIDE&INCOMMUTE - -- INFORMATION: w • Update on park and ride lots call 944-7126,Barn-Bpm M-F and gam- • Dial-A-Ride service improvements 6pm Sat for information,to schedule a I ride,or for lost and found. - - ®Printed on Recycled Paper • The Regional Transit Board r _- _ - --- —Page Four- i . , _ CITY OF t�Y . �` CHANHASSEN -.` r= 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I "_ ? -r; , (612) 937-1900 • FAX(612)937-5739 1 August 14, 1991 ICarver County Public Works Attn: Mr . Roger Gustafson I County Engineer 600 East Fourth Street Chaska, MN 55318 11 Re: County Road 17 (Powers Boulevard) Signage File No. PW-070E Dear Roger: Some time ago I sent you a letter requesting that some advanced II intersection notification signs be provided on Powers Boulevard for the Kerber Boulevard junction (see copy of attached letter dated May 17, 1991 ) . I have recently been contacted again by II some area residents as to the status of this situation. Please inform me as to the approximate timeframe for the signage impro- vements . Thank you for your time and cooperation. II Sincerely, CITY OF CHANHASSEN II bes. � .4 II Charles D. Folch, P.E. City Engineer CDF:jms • II enc. II c: Don Ashworth, City Manager Jerry Schlenk, Street Superintendent City Council Administrative Packet .(August 26, 1991). 1 . r 1 . CITY°'OF cHANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA ESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 May 17, 1991 ' Roger Gustafson 1 Carver County Engineer 600 E. 4th Street Chaska, MN 55318 Dear Roger: I have recently received some comments of concern related to ' problems being experienced in locating the Kerber Boulevard intersection while traveling northbound or southbound on Powers Boulevard. Green informational signs have been installed farther to the north on Powers Boulevard to denote the forthcoming junc- I/ tions at Lake Lucy Road and Pleasant View Road. . I would antici- pate that providing similar advanced notification signage for the junction with Kerber Boulevard may eliminate this problem being experienced . Please investigate the possiblity of this type of sign installation and/or any other appropriate alternatives you deem necessary and respond back to me with your findings . ' Sincerely, CITY OF CHANHASSEN I Charles D. Folch ,• Acting City Engineer CDF:lap c: Don Ashworth, City Manager Todd Gerhardt, Asst. City Manager Dave Hempel, Sr. Engineering Technician Administrative Section City Council Racket (6/10/91 ) 11 1 Cd nd Sew= dy 06 • — _.____ ebb 37— 43� • 1 Augast 17, 1991 -1111 . I .Charles D. Foich, P.E. City Engineer 690 Coulter Drive . • Chanhassen, Nn. 55317 ° ' IC: Parcel No. 254022900 Lake Ann Interceptor Assessments Project No. 67-35 Dear Yr. Folch: II received your letter of August 15th, about the notice being sent to me by mistake for the Lake Ann Interceptor Project. I was so happy to. hear from you that my parcel was not included in the assessment i roll. I would just like to take the time to say "THANK YOU". Your consider- ation means a great deal toward my being able to stay here at my Iresidence on Lake Lucy Road. I am looking forward to meeting you someday and wish you well in your Inew position of City Engineer. Sincerely, . I giel'-?- 6-1-:*-,-. ‘"-aihc-tte-4r.4 Elizabeth Ann Glaccum I 1510 Lake Lucy Road Excelsior, Mn. 55331 0714-82251 . I *r.'St i i,.s 7t�'L tf���.' i' • • cci Don Ashworth "si—Vra t4=Vit Pc z- ':'i•^55a'a:-�.• . mss :l��1. I • 16 i1oi�-cob.. United 6States eSenate I DAVE DURENBERGER PrONICff I ,SDI/ � I August 9, 1991 I Joanne Olson City Planning Office 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Joanne: ' Enclosed, please find an update on selected wetlands proposals which have been introduced in the 102nd Congress. This material was put together by the Congressional Research Service which is a branch of the Library of Congress. I hope you finh` it interesting reading and helpful in I understanding the complexities of this issue across the board. As you know, Mike Hayden, Assistant Secretary of the I Interior for Fish and Wildlife and Parks, was •in Minnesota this week to learn about this state's wetlands legislation and to meet with members of the Senator's Advisory Committee. He and the I/ Senator also toured a complex of Great Lakes Wetlands in the St. Louis River estuary, heard two case examples in western Minnesota of how federal policy has created problems for property owners, and saw first hand the work of the Litchfield District of the Fish and Wildlife Service in its wetlands restoration projects. Unfortunately, a deluge of rain at Farmfest kep attendance and interest low in the Wetlands Forum that the Senator and Mr. Hayden had planned to hold there. Please don't hesitate to call if you have any questions or comments regarding this material. I always look forward to hearing from you. IbriPe Sincerely, I Karen A. Humphrey 46 da'44 4r Legislative Assistant .6i?T0-° 00/77 • AUG 15 1991 COMMITTEE ASSIGNMENTS: FINANCE 'I I S OP CtIANHA:SLits; ENVIRONMENT AND PUBLIC WORKS LABOR AND HUMAN RESOURCES I -AS • • I r I . ... . CRS_ Congressional Research Service • The Library of Congress • Washington, D.C. 20540 r IJuly 15, 1991 I SUBJECT SELECTED WETLAND PROPOSALS INTRODUCED IN THE 102nd CONGRESS FROM Jeffrey Zinn` I Specialist in Natural Resources Policy Environment and Natural Resources Policy Division • ' This memo summarizes selected wetland legislative proposals introduced in the 102nd Congress. Four bills of general interest are H.R. 404 introduced by I Rep. John Paul Hammerschmidt,H.R. 1330 introduced by Rep.James Hayes of Louisiana and an identical bill in the Senate, S. 1463, introduced by Sen. John Breaux, and H.R. 2400 introduced by Rep. Lindsay Thomas. These bills would =; I greatly alter the current wetlands regulatory program, created through section . ; 404 of the Clean Water Act. Under section 404, a permit is required for the • disposal of dredged or fill materials into a navigable water body and adjacent waters. Over time, the courts and Congress have broadly defined affected water bodies to include most wetlands. The two elements of the current debate are whether the section 404 program is being implemented as intended,and whether I this program is the appropriate approach to protect wetland resources. These bills would all alter this program to make it more flexible and responsive, and less intrusive. For each topic,background is provided, the proposals in each bill I are identified, and some of the questions raised by the proposals are briefly discussed. This memo will be updated as other bills that would alter the section 404 program are introduced. For more information on the overall current 1 wetland debate, see IB 91058,Wetlands Issues in the 102d Congress. IBACKGROUND Federal wetland regulatory and protection efforts have received increased congressional scrutiny over the past year. Where the 101st Congress embraced Iefforts to protect and restore wetlands,passing several legislative proposals,the 102nd Congress is being pressed by criticisms that implementation of the I Federal wetland regulatory program under section 404 exceeds congressional intent. I . . This memorandum was prepared in the Environment and Natural IResources Policy Division for distribution to more than one client. I I CRS-2 1 One reason for this shift is implementation since 1989 of a new wetlands delineation manual by the U.S. Army Corps of Engineers (Corps), the Environmental Protection Agency (EPA), the Soil Conservation Service (SCS) and the Fish and Wildlife Service (FWS) that had the practical effect of greatly I expanding the regulated area (and was adopted without a public review process).' Other reasons include implementation of a Memorandum of Agreement between the Corps and EPA that strengthens protection efforts by refining Federal wetland mitigation policies,and continued Bush Administration support for both a no-net-loss policy and greater funding for wetland programs. (These and related issues are discussed in lB 91058,Wetland Issues in the 102nd Congress.) • The focus of these criticisms is aimed toward the Corps' more activist approach in administering its responsibilities under section 404. As the area of regulated wetlands has expanded and the pace of permitting has slowed, at least according to some critics, a public outcry has grown. This outcry is being raised not only by "big" business and industry, but also by small property owners and businesses. Topics of this outcry include not only the expanded jurisdiction,but also the costs of delay (time and financial), and the perceived arbitrary nature and uncertainty of the permit process. Congress has provided several forums to explore these complaints,including • hearings held by the House and Senate Small Business Committees, the Senate 1 Committee on Environment and Public Works, the House Public Works and Transportation Committee, and the House Merchant Marine and Fisheries Committee. At these hearings, Members questioned representatives from the - I key Federal agencies on recent program changes, public involvement in making those changes, and their effect on various economic activities. Some Members have repeatedly criticized the agencies for excessively vigorous pursuit of wetland protection efforts in an inconsistent and costly manner, to which the agencies respond that they are implementing section 404 as they believe that Congress intended. A number of witnesses provided"horror stories" about how they were being affected. The four bills discussed in this memo (H.R. 404, H.R. 1330/S. 1463, and H.R. 2400) respond to this outcry. But it is also important to note that each addresses agricultural activities in only limited ways. Agricultural activities have been a focus of wetland protection advocates because most,wetland losses in recent decades have been caused by them. Agriculture's effects on wetlands 1 The manual was prepared by scientists in the four agencies as a technical 1 description of how to determine the jurisdictional boundaries of a wetland for purposes of regulation. While the goal was to provide all wetland delineators with a consistent framework for making determinations,the practical effect has been that more lands are now being identified as wetlands that are subject Federal permit requirements, called jurisdictional wetlands. The manual is currently being revised,and the revised version is a subject of debate among the 1 White House and the four agencies. It is expected to be released for public review and comment within a month. 1 . 1 CRS-3 ro have been addressed in other legislation. The swampbuster e.. program was an. initial effort, enacted in 1985, to relieve the pressure of agriculture on wetlands.2 Swampbuster was amended last year in ways that partially satisfied both environmental and industry critics. In addition,the Corps, in a regulatory guidance letter issued in September 1990, exempted up to an estimated 60 million acrc;of agricultural lands,known as prior converted wetlands, from the 404 permit program. With these recent actions,agricultural topics have moved toward the sidelines for the wetlands debate in the 102nd Congress. LEGISLATION.IN 'DIE 102ND CONGRESS iAbout 30 bills with wetland provisions have been introduced in the 102nd Congress. Six bills are clearly aimed at revising the section 404 program. Of • the other proposals, one would set aside implementation of the delineation manual, two are wetland protection efforts, and the remainder are either parts of site-specific or water project-specific proposals, or parts of broader appropriations or resource protection legislation. • Four of the bills to revise section 404 would,to varying degrees,reduce the >_ rigor of recent wetland protection processes to accomodate rights and interests.; of landowners. These bills are discussed in detail below. The fifth is H.R.251, introduced by Rep. Bennett. This bill would generally strengthen wetland protection efforts by amending the section 404 program and other sections of - the Clean Water Act. In addition, H.R. 251 would implement a no-net-loss wetland policy through the Clean Water Act, using private trusts, State programs and a new funding mechanism. It would also require an inventory and management program for wetlands on Federal lands. The sixth bill, H.R. 2564 introduced by Rep. Alexander, would codify the 1 current exemption that the Corps issued in 1990 for prior converted agricultural wetlands. I The Hammerschmidt bill (H.R. 404) would amend several sections of the Clean Water Act, with a focus on section 404,while the Hayes and Breaux bills (H.R. 1330 and S. 1463) would replace section 404, and the Thomas bill (H.R. 2400) would primarily amend section 404. The Hammerschmidt and Thomas bills would also codify the no-net-loss concept. The remainder of this memo reviews key issues addressed in these four bills. Defining and Classifying Wetlands. Under the current section 404 program, wetlands identified using the wetland delineation manual may be subject to the permit process. These . • 2 The swampbuster is an incentive rather than regulatory program. It makes those farmers who choose to convert wetlands to agricultural uses ineligible for most Federal farm program benefits until the wetland is restored. I CRS-4 1 identified, or jurisdictional, wetlands are not differentiated in any way when I they are delineated, although the size and the characteristics of the impact of the proposed activity and the characteristics of the Wetland resource can affect the requirements that the Corps places on proposed activities. I H.R. 404. The Hammerschmidt bill would add a definition of wetlands to section 502 of the Clean Water Act, which currently does not include such a I definition. The definition would include the three-condition test (water dependent or hydrophytic vegetation, wet or hydric soils, and the presence of water or hydrology) that originated with the swampbuster provisions in the 1985 Food Security Act and is currently the basis for the wetland definition in the delineation manual. But it would specify that the hydrologic conditions must be met for at least 21 consecutive days, which is 14 days longer than is now required under the manual, and that wetland vegetation and soils predominate rather than be prevalent. Limited value wetlands, including those converted to agriculture before the signing of the 1985 Food Security Act("prior converted wetlands") would be excluded from regulation. High value wetlands, which meet one or more of 5 specified values (critical habitat, flood storage, sediment retention, water quality enhancement, or recharge for a•sole source aquifer) are defined. The Hammerschmidt bill also spells out how wetlands are to be delineated•4 in some detail. Five standards for delineation are identified, including having clear evidence that all three elements that define wetlands were present during the preceding year, using only plant species that are typically adapted to wet soils, requiring that some of these species be present during the preceding year, requiring that water be on the land for 21 continuous days during the growing season for a majority of the years for which records are available, and excluding temporary and unintentionally created wetlands from consideration. I Implementing regulations would be issued within one year. Provisions would limit the ability of interested parties to bring legal action against the Corps for regulations that would implement the revised delineation activities. ' H.R. 1330/S.1463. The Hayes and Breaux bills would classify all wetlands into one of three groups. Type A wetlands would be those of critical significance to the ecosystem and would receive the most stringent protection. Also,no more than 20 percent of a political jurisdiction could be classified as a Type A wetland. Type B wetlands would be those that perform significant ecological functions, and would receive less stringent protection. Type C wetlands would be those that are small, heavily modified, or perform only minor wetland functions. The latter wetlands, which would include wetlands that have been converted to cropland, would not be subject to the permit program. Under these bills,section 404(g)of the Clean Water Act,as amended,would require the Secretary of the Army,in consultation with EPA,FWS,and SCS,to establish standards for delineating wetlands. This section would require that - water be present at least 21 consecutive days during the growing season, and that the delineation be. made during the growing season under normal • 1 I - CRS-5 - circumstances. Also, it articulates that the land must show clear evidence of water, wetland soils, and wetland vegetation to be classified-as a wetland. 1 H.R. 2400. The Thomas bill amends the definition of wetlands by requiring that water be present for 14 continuous days during the growing season. It explicitly exempts from this program prior converted farmland which is not flooded for at least 14 consecutive days during the growing season.' The bill outlines a schedule to review and amend the delineation manual. The method, as revised, is to be used to estimate wetland resources, by region, • • throughout the country. In addition, the Corps, EPA, and FWS are to jointly ' develop methods to assess wetlands functions and values that would be applied to the amended program. The Thomas bill does not create a classification system for wetlands. Discussion. These bills would all specify in law aspects of the technical definition of wetlands. These specifications would modify what,was solely a scientific effort that yielded results unacceptable to many affected parties. In . debating these options, the key questions will be how do they differ from language in the revised delineation manual, scheduled to be released in late, June, and what will be the practical effect on the ground. All proposed changes - • . would reduce the areas subject to jurisdiction, but no one has estimated how • much land would be affected and where it is located. • Implementing a classification system which places wetland areas into one of several categories could raise numerous questions. For example, who would ' decide where the boundary between various classifications would be drawn,and how would those decisions be applied consistently, given the diversity of functions and values that characterize the wetlands around the country? As a simplistic example, would a smaller wetland that provides habitat for two pairs of nesting ducks and flood storage benefits be of similar value to a nearby larger wetland that provides habitat for 20 pairs of nesting ducks? Also,how would a classification system account for the changes in functions and values that occur in some wetland areas from year to year and decade to decade because of wetter or drier conditions? These natural changes would have to be accommodated through a process that would allow regular review and revision. The institutional limitations and technical requirements that ' . accompany implementing a classification system need to be carefully considered. Mapping Wetlands Wetlands are being mapped currently by several different agencies. The FWS has been preparing a national inventory for more than 15 years; these 8 Prior converted farmland is land that was converted to agriculture before the 1985 farm bill was enacted and does not exhibit important wetland attributes. I • CRS-6 ;-I Imaps are not used for regulatory purposes Also, the SCS maps all soils; these maps can be used to distinguish wetland soils. Maps are also a product of delineation process and show where the boundaries ;of'wetlands d. Mapping is difficult because applying the ands ace located. ground and drawing a line ta shows ha recisedboundary definition to places on the current regulatory program does not include a systematic mapping ceffort, while some wetlands have been precisely delineated on maps, The so H.R. 404. The H p many have not. ammersclimidt bill would require that EPA continue to provide advanced notification in a timely fashion and with suitable opportunities for participation by affected entities of local government an explicit mapping requirement. , but it does not include H.R.. 1330/S. 1463. Under the Hayes and Breaux bills, section I the Clean Water Act as amended would require the FWS, in consultation 4on(w h the SCS, to map all wetlands, applying the three-level classification s with Mapping is to be completed in 10 years. The ma system.. review of draft maps prior to adoption. The adopted classifications wove then be attached to property deeds. Permits for all projects on mapped would then have to be processed by the Corps within 30 days. PPed lands would H.R. 2400. The Thomas bill would require that all wetlands be r • within 5 years of enactment in a new subsection to section 404. In mapped' under an amendment to the Emergency Wetlands I FWS would be required to complete a digitized wetlands Act.of base or the country, based on these maps, by Sept. 30, 2004, ands data base for the I Discussion. The resources required to complete a national mapping are Iarge. The National Wetlands Invento ry has been under way for about 15 years, and maps have been completed for less than 75 erce PPIng effort I wetlands. This inventory is not used for regulatory P nt of the nation's subject to many of the site-specific pressures that would face purposes,so it has not been under the Hayes/Breaux or Thomas bills, he mapping effort I The Hayes/Breaux and Thomas bills provisions could supersede of the inventory, and resources already used in the inventory w help accelerate the mapping completion__ required merely pping process to be required. Also, ould certainly Inventory, y to identify all the country's vegetated wetlands the time ry,how long would it take to go back to all these sites to and subgroups the of wetlands, as required by the HayesBreaux bills? the mapping would need to match the resources provided if the P groups The schedule to complete succeed. While the Thomas bill may he ro I the schedule it establishes is still demanding s pressure on the mapping 88e c Permits. I The heart of the Federal wetland protection ro - private actions through a system of permits. p �� is regulation of Permits can be required for all jurisdictional wetUnder the current ro I ands. This program P rem' P gram already I , CRS-7 I has two tiers; for actions below a threshold or in wetlands below,a minimal size, authorizations are granted under a less rigorous process rising general permits. According to testimony submitted at a recent hearing,,the Corps authorizes about 40,000 minor activities under general permits in a typical year. During the same period,the Corps processes about 15,000 individual permits,approving about 10,000 and denying about 500; the rest are withdrawn, modified, or • qualify for a general permit. - Closely associated with permits are fees. The Corps has proposed that permit application fees be raised from $10 and $100 for noncommercial and commercial permits respectively to $500 and $2000. The Corps estimates that these increased fees would generate an additional $17 million. Applicants believe that higher fees would add insult to injury under the present lengthy, inconsistent, and unpredictable process. The Corps contends that higher-fees, 1 if retained in the program, will allow it to be more efficient. Critics counter that higher fees will further penalize small businesses and private landowners who can ill afford to pay them. H.R. 404. This bill would require that only high value wetlands be subject to consideration of impact avoidance when permit applications are reviewed; = these wetlands would still be subject to efforts to minimize impacts and-to mitigation requirements, however. The bill also specifies several exempted activities, including aquaculture, maintenance of drainage ditches, and certain abandoned mine reclamation activities. The Hammerschmidt bill would also require that the Corps report to ' Congress within 60 days of enactment on fees currently collected under the section 404 program. Only Congress could establish or increase fees in the future. ' H.R. 1330/S. 1463. The Hayes and Breaux bills would allow permits to be issued for Type A (highest value) wetlands only when the damage would be ' minimal, as a part of an active management program, or if there is an overriding public interest. For Type B wetlands, permits may be issued if there will not be_ - _. a significant loss or degradation of wetland functions and values. Opportunities for avoidance and mitigation would be considered. Alteration of Type C wetlands would not require a permit. In addition,several kinds of activities that do not require a permit would be listed. This list expands on the one currently in section 404 that includes normal agricultural and silvicultural practices, ' among others. Also, under the Hayes and Breaux bills, prohibited activities in wetlands would be expanded from current law to also include draining, channelization, - - • r 1 - CRS-8 and excavation! At the same time, the list of activities exempted from the permit program is also expanded and spelled out in greater detail. The Hayes/Breaux bills do not address the fees question. H.R. 2400. The Thomas bill would expand the list of activities for which . ' a permit is needed from just disposal of material, to include dredging, excavation, channelization, draining or flooding of wetlands. It would amend the general permit provisions to insure that they only apply to activities that will have a minimal cumulative effect; one of the stated goals of the bill's sponsor is to expand the use of general permits. General permits can apply to any category of navigable waters. Emergency permits can be allowed in response to a State or Federally-declared drought emergency. Amendments to section 404 (s) would require that penalties for violation be flexible and take into account voluntary and good faith efforts to comply with permit provisions. • Exempted activities are spelled out in much greater detail than in existing law. Of particular interest are the discussion of how drainage ditches would be maintained. Other exempted activities include silviculture activities, aquaculture, and clay mining. The Thomas bill does not address the fees question. • ' . • I Discussion. These proposals would be a major departure from the current program which is based on a presumption that all regulated wetlands should be - I treated similarly. However, wetlands are already segmented to some degree through the general permit program,and for areas that are below a certain size. The presumption is that both the individual and cumulative effects at this small scale or located at certain sites will not adversely affect wetland resources. Also, by accommodating many proposed actions through general permits, the Corps can concentrate its scarce resources on the those activities that are larger in scale and have a greater likelihood of adversely affecting wetland resource values.- --- - -- - - - -- -- -- - - -- - Opponents of the current program say that these changes are needed because the program has become overly protective of wetlands that have little apparent functional value, and because the program has greatly expanded without legislative authority or public review. Supporters of the current program counter that these proposals will greatly reduce the wetland protection 4 The current law only affects activities in which material is discharged into . wetlands,in effect smothering the wetland and raising the land elevation above wet conditions. But wetlands can be destroyed by draining water from the site, which is by far the more common form of conversion in agricultural Situations. The National Wetlands Policy Forum has estimated that as few as 10 percent to 15 percent of all wetland conversions require a section 404 permit. While the exact percentage is debatable, most agree that a significant portion of all activities that adversely affect wetland resources do not require a permit. , I CRS-9 effort, by limiting application of the full permit process to a,smaller portion of 1 all wetlands. Timeliness of the Permit Process. ' The ..srrent section 404 program does not include any schedule for permit decisions. Critics contend that the permit process is too slow, delaying and 1 causing disruptions to project planning and implementation. The Corps reported at a recent hearing that about 92 percent of all permits and about 50 percent of the individual permits are processed in 60 days; however, 25 percent of the individual permits require more than 120 days. ' H.R. 404. Under this bill, the Corps would have to make decisions on permit requests in 90 days. Exceptions would only be allowed if an 1 environmental impact statement is required, if another Federal agency requests an additional 90 days,or if the Corps requests additional time for stated reasons. Also, the role of general permits is spelled out. The general permit program ' • would have to be consistent with the no-net-loss policy. General permits would have to be reissued at least every 5 years, as is already required under law. r_, . ' H.R. 1330/S. 1463. Under these bills,time limits would be established fot; types of permits under various circumstances. The goal would be that all wetlands already mapped be considered expeditiously. Except, in unusual ' circumstances, the Corps would have 6 months to consider an application, and.• if it did not act, the permit would automatically issue. Permits for all projects on mapped wetlands would have to be processed within 30 days,as noted earlier. H.R. 2400. The Thomas bill would require that EPA notify the Corps within 30 days if it plans to review a project that will have unacceptable adverse ' effects on certain resources under section 404(c)6. More generally, the bill encourages advanced planning, under a new section 404 (w), so that when an application is submitted the information needed to respond will be in place. ' States and eligible local governments can participate in this advanced planning process. Discussion. These revisions,by changing the roles of the Federal agencies, as called for in the Hayes/Breaux and Hammerschmidt bills, or encouraging a greater role for States, as in all three bills, respond to complaints from permit applicants that decisions take too long. However, these changes alone may not 1 shorten the permit process unless mapping and determination improvements are implemented so that more of the needed information is immediately available, and unless either fewer actions require permits, or unless additional staff is ' committed to the permit program. Even if all these revisions are enacted,it will probably take several years to reach the full benefit of the revised process. In short, proponents should not expect immediate relief if these proposals become law. ' 6 Section 404(c) gives EPA the authority to deny the use of specific disposal sites for environmental reasons, that is, a veto authority. 1 CRS-10 I Administrative Responsibilities. I • The current program is administered by the Corps. Bpt EPA has a strong advisory role,and can veto permits that the Corps plans to issue if it determines that the proposal will have an unacceptable environmental impact under section 404 (c). In addition, the FWS and National Marine Fisheries Service also have strong advisory roles to protect living resources and their habitat. These additional participants and their interactive roles generate additional confusion and uncertainty for applicants. H.R. 404. Under the Hammerschmidt bill, EPA would lose its current - authority under section 404(c) to veto projects which it determines to have unacceptable environmental impacts. EPA would continue to have an advisory role, however. H.R. 1330/S. 1463. The Hayes and Breaux bills would make the same change, as well as give the Corps exclusive permit authority by eliminating the advisory roles of other Federal agencies, and also require that all rules and regulations may only be adopted after a public review period. H.R.2400. The Thomas bill would keep the basic structure under section 404, but apply time limits and require interagency communication so that the"` , process does not bog down. Also, these provisions allow for administrative appeal if EPA indicates that it will exercise its authority under section 404 (c). In addition, the Corps, in conjunction with EPA, the Secretary of the Interior and States with programs, is to report to Congress every 2 years on the Federal program and on implementation of State programs. Discussion. Proponents of the proposed changes in the Hayes/Breaux and Hammerschmidt bills argue that enactment would remove another uncertainty from the permit process. On the other hand, EPA has reportedly initiated this • process less than 2 dozen times since it was enacted 14 years ago, and has ' • actually vetoed less than a dozen projects. Environmentalists view this as an important check when wetland values must compete with large-scale development proposals with their economic benefits, and one that has been exercised with considerable restraint. • Mitigation. The current program requires mitigation of unavoidable adverse effects of a proposed activity under procedures outlined in a Memorandum of Agreement between the Corps and EPA. Some persons contend that mitigation could be both easier and more effective if values at the mitigation sites were agreed to in advance, creating a catalogue of sites with known values that could be drawn on when a proposed action requires mitigation. A mitigation bank is one concept being widely discussed that could encourage such an efficiency. • H.R. 404. The Hammerschmidt bill would establish a mitigation banking demonstration program, implemented by the Corps. Program components are 1 ' — CRS-11 spelled out. The Corps is to report to Congress three years after enactment and P rP P 1;z' Y to include recommendations on whether or not to continue-this program. 1 , H.R. 1330/S. 1463. The Hayes and Breaux bills would encourage mitigation in Type B wetlands. Kinds of mitigation efforts are described. In ' addition, areas that are already preserved could not be used in mitigation, in effect, to avoid double-counting. These bills would also establish a mitigation bank in each State as a mechanism to foster restoration, enhancement and - 1 creation efforts. . H.R. 2400. The Thomas bill adds a new subsection (v) that specifies in considerable detail when and how mitigation is to occur. The Thomas bill retains the sequencing that is now required under the MOA between the Corps and EPA which allows mitigation only after the permit applicant has considered • ' avoidance and minimization. It includes a discussion of the application and appeals process, the situations under which an appeal is allowed, and requires implementing regulations to be issued within 1 year. This subsection also establishes a wetlands mitigation banking system, and specifies show such a system is to work. The responsible Federal agencies are to submit a report on the mitigation banking program to Congress within 3 years of enactment; seven topics to be covered in this report are specified. Certain classes of activities are.; expressly excluded from the mitigation banking program. = • Discussion. Two dozen or more public and private mitigation banks have • I reportedly been established around the country, depending on who is doing the counting. While interest is high, it is premature to report on successes and problems. The State Role. The Clean Water Act allows States to assume aspects of the section 404 program, but only one state, Michigan, has chosen to do this. Presumptions supporting assumptions are that States are more familiar with local resources, and that States would tie any existing programs that they operate together with the assumed Federal program. Other States besides Michigan have cited factors such as the potential for continued Federal interference, and program costs as ' reasons for not assuming program responsibility. H.R.404. The Hammerschmidt bill would strengthen incentives for States ' to assume certain Federal program responsibilities. State programs must be at least as strict as the Federal program. This bill would also add a new section 321 to the Clean Water Act to allow States to prepare wetland conservation plans. Contents of a plan are specified. Each plan would include maps that show, at a minimum, the high value wetlands, management strategies, and a timetable for implementation. EPA would have 180 days to approve a submitted plan;the procedure for disapproval is spelled out. Approved States would be eligible for Federal grants for up to 60 I 1 CRS-12 percent of the State's implementation costs. An annual appropriation of$30 million is authorized. H.R. 13301S. 1463. The Mayes and Breaux bills would allow the Corps to delegate the wetlands protection effort to States under terms and conditions laid out in section 404(m), as amended. In addition, section 404(1) would state .:at this law would not preclude similar State programs for waters under •he jurisdiction of the State. - H.R,2400. The Thomas bill would revise existing provisions in subsections (g) (h), and (j) to encourage States to .assume more permit program responsibilities. Each State is to submit a biannual report that would become the basis for the Federal agencies to determine how the state is progressing. The provisions include deadlines for interactions. of A new subsection(x) allows States to develop wetlands conservation plans. ' Six aspects of plans are specified, including contents, schedules,monitoring and updating. Public involvement is required. The plan is to be submitted to EPA, which must respor.d within a specified time period. 1 Discussion. It is not clear what efficiencies or inefficiencies in the permit program, and more importantly, how wetland protection efforts would be -' , affected if a number of States assumed these responsibilities. However,if many • - States were to assume these responsibilities, it is likely that program administration would vary from State to State. I The TAking Issue. The Fifth Amendment to the U.S. Constitution requires that when ' government"takes"property, compensation must be paid. Court cases have set a strict standard for compensation,however,requiring that the property owner show that he has been deprived of all economic uses of his property. As a result, • most taking challenges to section 404 permit denials have been rejected in the courts,though two important cases in 1990 were decided in favor of the wetland owner. Also,the Supreme Court has made clear that a taking claim may not be maintained solely on the basis of the Corps' determination that a property is a wetland; the taking action is ripe only after the permit is denied. Due to these perceived hurdles facing wetland land owners, program opponents are seeking legislative remedies that would expand their opportunities for compensation. H.R. 404. This bill would require EPA to issue amended guidelines for section 404(b)(1)to consider the effect of permit reviews on property rights,and to report to Congress within two years on efforts taken to increase protection of private property rights. EPA and the Corps would also be required to report to Congress within 90 days of enactment cp their efforts to implement E.O. 1 1 1 I - CITYOF 1 , , CliANIIASSEN I \ ,i- Lw 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 . r x. (612) 937-1900 • FAX (612) 937-5739 1 August 5, 1991 IMr. Conrad Fiskness, Chairman Riley Purgatory Bluff Creek Watershed District I Barr Engineering/Mr. Bob Obermeyer Suite 100 7803 Glenroy Road IMinneapolis, MN 55435 Dear Mr. Fiskness: II recently received a copy of your June 10, 1991, letter to the Mayor and City Council concerning the Bluff Creek Corridor Study and Management Plan (copy attached). As you are aware, the tour of Bluff Creek of which you spoke was organized by the Chanhassen Planning Department in the interest of promoting the I creation of a program to protect this valuable and sensitive resource. We were gratified to see your interest and participation in our tour and your continued interest as related to us by your letter. On behalf of the City of Chanhassen, I wish to state that we would look forward to working with the Watershed District on I protective measures for the Bluff Creek Corridor. I believe that this is an extremely timely work program for the Watershed District to undertake in cooperation with the City, both since it is needed and also since we are currently in the process of initiating a five year program to protect the City's water resources. I have already called Bob Obermeyer to discuss this matter with him over the phone and would look forward to Iworking with you and your staff in developing a giant program in this area. Please convey our support of this proposal to your Board and I will do the same to my City Council as well Ias to the Task Force that will be established to work on the Chanhassen Surface Water Management Plan. Sinc rely, ._... �.. .. " . ,. Paul Krauss, AICP Director of Planning t %,. PK:v - pc: /City Council I Planning Commission Charles Folch, City Engineer I It t«i PRINTED ON RECYCLED PAPER I fi lc. II Riley-Purgatory-Bluff Creek Watershed District' LEngineering Advisor:Barr Engineering Co. I I �_ 7803 Glenroy Road � ' Minneapolis, MN 55435 �' 830-0555 L 4r V I `� Legal Advisor: Popham, Haik, Schnobrich&Kaufman 3300 Piper Jaffrey Tower Minneapolis, MN 55402 333-4800 I - , i.v/- C4-4C :s • r of 7x, ? I ye•- Aid pi/ 14 1 June 10, 1991 y I G•44.s 1.A.a.s.e. 7' 5 I Mayor Chmiel and Council City of Chanhassen II 690 Coulter Drive Chanhassen, MN 55317 Re: Bluff Creek Riley Corridor Study & Management Plan -1 Oure File No. 3826-001 Dear Mayor Chmiel and Council: I As an outgrowth of the field trip attended by the Members of the City Council and area residents, the Managers of the 11 Riley-Purgatory Creek by resolution support prompt action to develop a management plan to guide the expected urban development of the Bluff Creek Watershed and to insure the protection of the 11 natural areas and the identification of the upstream water storage sites to protect the creek valley from adverse impacts of urbanization. The District's revised 509 Plan pending before the Minnesota I Board of Water and Soil Resources includes basic water management projects that would be the subject of the study and plan. Delays II in securing State Board approval of the revision to the District's water management plan should not delay the priority attention. which the Managers believe must be given to the Bluff Creek Watershed. A management plan to be jointly administered by the City and II Watershed District is considered a priority item and the Managers are requesting that the City Council give consideration to funding on a 50-50 basis, a plan that can be used to guide development. I r::=CEIVED JUN 13 1991 1 CITY OF CHANHASSEN Mayor and Council June 10, 1991 Page 2 1 If the City Council of Chanhassen is amenable to this 1 suggestion, please contact our attorney, Raymond A. Haik, so that a cooperative agreement can be prepared for funding of the study. 1 Very truly yours, an„.seciev- Conrad Fiskness Chairman 1 CF/ch cc: Board of Managers 1 Ron Harnack, -State Water Resources Board Barr Engineering Raymond Haik Eric Roth Perry Dean 134ZRAH/93 • • 1 1 1 i 1 1 1 1 1 i 1 1 1 5X-0/ 1 7"/ 1 to 8-e rweel 1 1 a ;.,Qo 1 1 1 1 1 1 ALA&I(4.4 - 18 , [ 111 . V-IAyto Popp6 11 SD PosT e vi /4&) cg3i 1 H-A"P LES P. C-0LC14 , I tv -eNG1 ttJT F CA-AN f-f/45 /0 Of CIMASSEN (AD .c)t4L-rE-?- Pp(vi=, To. .50)( Ito AUG 20 1991 21EiNg EPT. 17 EA- TN-LS LE 17t12- tS TD 4-dPAINAxe7L4e- 7ZCte-1PT" CF jOt - eo-rwoN ce Up A-46)(45f" tCf tqql i-LeFentAX7) 12 Ar`--hsfielfc-9 TAit-e -z_ tu 2S:75000/P FOP- 77t6 AVO (P76-12,6cptt>12- To -Cc. ATPA-TzeNTLY tig telitT7 7D Do ) 4501.4. A-ut (4,z-/c 1 4-pD V6412_ Co-raaPoPl)ep,c- c-7,05567), 1,0 Tiff 144/(L. 11 --- • -- T nit* \tpk. 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TNT 5E2-o f r-ES T7_ cer JFJ) soOGF 7 I hN,P A-t-5d 1PFDP0-YIoN fr5 AY N!AgMFz rs 14-09 (-1A-1;-E Ftv- 1 F,ucp.aye, \Oal - 14e- C1TYOF 1 690 COULTER DRIVE • PO. BOX 147 • CHANHASSEN, MINNESOTA 55317 •• (612) 937-1900 • FAX (612) 937-5739 August 21, 1991 1 Mr. James F. Jessup , 3323 Lake Shore Court Chaska, MN 55318 Dear Jim: , This is in response of your letter dated August 12 concerning seaplane operations- krom the Remus property and your question as to whether or not this is a legal use for the subject property. I have asked the City Attorney to investigate this matter. What we have concluded is that: ;. a. The city has no regulations concerning the operations of seaplanes. b. The Minnesota State Bureau of Aeronautics has Lake Riley listed as a water body on which the operation of seaplanes is legal. The city cannot be more restrictive than the state in this instance. c. Once the aircraft is operating on the lake or tied up on the shore, it is no different than any other watercraft. To the best of my knowledge, the operation of the aircraft from the Remus property does not violate any existing city ordinance. d. Theoretically, the city could adopt regulations that may apply to the docking of aircraft; however, these regulations would , apply uniformly to all aircraft operations anywhere in the city. While we are not unwilling to consider this, we would in all fairness have to notify all operators of seaplanes in the city and allow them to comment on any such proposal. t r- e. Your letter was not clear as to whether or not the aircraft represents a nuisance. If there is an identifiable nuisance outlined in city ordinances, therm may be an option to pursue- this matter utilizing existing codes. However, I suspect that this would be a stretch of existing codes, at best. , • 1 t� PRINTED ON RECYCLED PAPER I Mr. James Jessup August 21, 1991 Page 2 I hope this letter responds to the concerns you have raised. I am enclosing a copy of state statutes which indicate that Lake Riley is a metro area lake on which seaplane operations are permissible. ' If you have any further questions, please do not hesitate to contact me. 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E tip R F Q i I 4 pA' 7 L 'g u ^'.� .I �p .A r C..0 R p•� Qr M e� '< pn j� 2P ss 1� .6`''aC um g 2, akS i ! s.hiti/ 1` .a Z1 ; i'ilt i= °- E piles 0 &� . g5 M ° •_. ....,.,,.. ..,.. . Iiii.:;. ,,,,, v R r r !S i N . 4� 'c ° =11 }� q g ;� js ,Ae 8 r • tr illterpi > a o d ir- K t >II ' a r q ; .ri g: 1 "1 ; .1 R-.. . gi.l. -- 11111-1 E. : 1 Lai /I IHI!I • i SZ �` ii 4.' • 1 August 12, 1991 HAND DELIVERED ' Mr. Paul Kraus, AICP Director of Planning City of Chanhassen, 690 Coulter Drive Chanhassen, MN, 55317 RE: 9245 Lake Riley Blvd. IDear Paul: 1 This letter is in response to the airplane that is at the referenced property. I am concerned about the safety of having aircraft adjacent to the swimming area for my children. I have been told a flying club rents this space from the Remus's. There was no airplane present on their lot in 1990 during any part of the year. ' If possible I would appreciate your investigation as to whether this is a legal use for the subject property. • ' Thank you for your concern about the safety of the citizens of Chanhassen. Sincerely, e/177:Ve James F. Jessup 3323 Lake Shore Ct. Chaska, MN 55318 • 1 . I 1 1 CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 08-12-91 PAGE 1 CHECK H A M O U N T C L A I M A N T PURPOSE 033877 199.84 BEST PRODUCTS CO. , INC PROMOTIONAL EXPENSE 2 electric roasting pans 033901 1,966.38 CUB FOODS PROMOTIONAL EXPENSE 033945 12,492.63 HERITAGE PARK APARTMENTS SPL ASSESSMENT PAYMENTS 3 14,658.85 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING • • l t S, • — 11111. •— am =I ow ow NE ram I= am ow Ea — an — 1 11111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N 1 CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 08-12-91 PAGE 2 to CHECK # A M O U N T C L A I M A N T P U R P O S E 044089 207.90 DONALD ASHWORTH TRAVEL & TRAINING 044090 188.00 CAMPBELL, KNUTSON, FEES, LEGAL l� 044091 491.00 CITY BUSINESS PROMOTIONAL EXPENSE 044092 13.30 MERLIN'S HARDWARE HANK PROMOTIONAL EXPENSE 044093 600.45 PUBLICORP, INC. FEES, SERVICE 044094 1,603.35 STRGAR—ROSCOE—FAUSCH INC FEES, SERVICE 6 3,104.00 CHECKS WRITTEN TOTAL OF 9 CHECKS TOTAL 17,762.85 i 8/22/91 1 CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING e temb , S p er 9, 1991 - Approve Plans and Specifications for Trunk Highway 5 Frontage , Road Improvements at Lone Cedar Lane; Authorize Advertising for Bids - Project No. 90-9 - Accept Street Improvements in Vineland Forest Addition - , Project No. 89-27 - Establish Fee Schedule for In-House Engineering Services ' - Receive Feasibility Study for Watermain and Sanitary Sewer Improvements in Section 24 and Lake Riley Hills; Call Public ' Hearing - Project No. 90-10 - Public Hearing for Lake Ann Interceptor Assessment Roll - Project No. 87-35 (continued from 8/12/91) - Public Hearing for Frontier Trail Assessment Roll - Project No. 89-10 (continued from 8/12/91) - Award of Bids for South Leg Trunk Highway 101 - Project No. 90-20 , September 23 , 1991 , - Approve Cooperative Construction Agreement for Trunk Highway 5 Frontage Road Improvements at Lone Cedar Lane - Project No. 90-9 1 - Award of Bids for Trunk Highway 5 Frontage Road Improvements at Lone Cedar Lane - Project No. 90-9 1 October 14 , 1991 - Approve Plans and Specifications for Minnewashta Parkway Upgrade; Authorize Advertising for Bids - Project No. 90-15 - Public Hearing on Watermain and Sanitary Sewer Improvements in Section 24 and Lake Riley Hills; Authorize Preparation of Plans and Specifications - Project No. 90-10 ' October 21, 1991 I FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING PAGE 2 ' November 4, 1991 INovember 18, 1991 - - Award of Bids for Minnewashta Parkway Upgrade - Project No. 90-15 Future Agenda Items - Accept Utilities in Lake Susan Hills West 6th Addition - Project No. 91-7 ' - Accept Street and Utility Improvements in Reed's Orchard Ridge - Project No. 88-24 ' - Receive Pavement Management Needs Report - Approve Engineering Services Contract with Barton-Aschman ' - Approve Amended Development Contract for Market Square Storm Sewer - 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 Trunk Highway 5; Authorize Advertising for Bids - IIProject No. 90-4 - Award of Bids; County Road 17 Upgrade South of Trunk Highway ' 5 - Project No. 90-4 - Approve Plans and Specifications for North Leg Trunk Highway 101; Authorize Advertising for Bids - Project No. 88-22B ' (1/92) - Award of Bids; North Leg Trunk Highway 101 - Project No. 88- 1 22B (4/27/92) - Revision of County State Aid Highway (CSAH) System and ' Transfer of County Highway Jurisdiction • - Ordinance Allowing for Restricted Weight Permits During Spring Road Restrictions 1 FUTURE CITY COUNCIL AGENDA ITEMS 11 ENGINEERING PAGE 3 - Establish a Fee for Lot Releases 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: I City Hall Department Heads City Council Administrative Packet Consultants ' 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 MEMORANDUM TO: Moon Valley File • FROM: Paul Krauss, Planning Director DATE: August 20, 1991 SUBJ: Conversation with Mr. VosIv On August 20, 1991, I was contacted by John Voss on behalf of the Moon Valley operator. He indicated to me that he recently had a meeting with Tom Zwiers. He indicated that Tom was insisting that the plan for Moon Valley, which had been presented to the City Attorney and myself approximately 3 weeks earlier, be presented to the city as the official request in their permit application. At the time we met with John Voss, we indicated that this plan, which shows the wiping out of the entire site and bluff line with lowering some areas up to 160 feet, was completely unacceptable. Mr. Voss then indicated that Mr. Zwiers has given him permission to submit an improved plan that was discussed at our earlier meeting but not reviewed, as an alternative. Under the scenario outlined to me, this alternative would only become valid if the city allowed Mr. Zwiers to build 21 acre lots on the area above the bluff line. Mr. Voss indicated that the area below the bluff line would be commercial or industrial. e, V- I indicated that this scenario was unacceptable for several ' reasons. First of all, it was my opinion that the City Council and Planning Commission would be highly uncomfortable with the position wherein a blatantly unacceptable plan was submitted with an ' improved alternate plan offered only if the city was able to compromise its ordinances and plans. Secondly, it was indicated that 2; acre zoning and 1 per 10 acre density is mandated by the Metropolitan Council. Adherence to this standard is a requirement of our Comprehensive Plan approval and was also contractually required by the Lake Ann Interceptor Agreement. It was indicated that the city is not in a position to have flexibility with this ' standard even if we wanted to, which we do not. Lastly, it was indicated that the potential of commercial or industrial uses below the bluff line was unacceptable and inconsistent with city plans. ' It was further indicated that even if we found these uses to be acceptable, there is no sewer and water program for this area into ' t 4: PRINTED ON RECYCLED PAPER i Moon Valley File 11 August 20, 1991 Page 2 1 the foreseeable future and that such development is not plausible. Mr. Voss indicated that he had some understanding of my position but that "this was all Tom Zwiers would let him propose to the ' city". pc: Roger Knutson, City Attorney City Council Planning Commission ` 1 1 11 • • • 1 1 1 1 1 1 i m m m m i I I um mos I — I I I I i INIICqubk CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 08-26-91 PAGE 1 CHECK # A M O U N T C L A I M A N T P U R P O S E 044262 313.83 CAMPBELL, KNUTSON, FEES, LEGAL 044263 451.60 STRGAR-ROSCOE-FAUSCH INC FEES, SERVICE 2 765.43 CHECKS WRITTEN • • • • •