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Admin section ADMINISTRATIVE SECTION Memo from Paul Krauss dated June 20, -1990 and 'Neighborhood-Coalition Newsletter. Memo from Charles Folch dated June 15, 1990. Letter and attachments from Elliott Knetsch dated June 6, 1990. ' Letter from City of New Brighton dated June 1, 1989. Letter from Gary Fuchs dated June 8, 1990. Letter from Gary Fuchs dated June 8, 1990. Letter and attachment from Fred Hoisington dated June 6, 1990. Memo from Scott Harr dated May 31, 1990. Letter to Steve Keefe, Metro Council, dated June 6, 1990. ' Letter and attachments to Curry Farms Residents dated June 4, 1990 . Memo from Don Ashworth dated June 11, 1990. Letter from Roger Gustafson dated May 31, 1990. Memo from Gary Warren dated June 13, 1990. ' Minutes of SW Metro Transit Commission dated April 26, 1990. Letter from Paul Neumann dated June 6, 1990. Letter and attachments to Mr. Robert Copeland dated June 11, 1990. Letter to Evan Green dated June 18, 1990. Letter to Steve Keefe dated June 6, 1990. Memo from Paul Krauss dated June 18, 1990 and Report of Metro Systems Committee. 1990 Legislative Wrap-Up dated June 6, 1990. Letter from Steve Keefe, Metro Council, and attachment of 1990 Priorities. ' Letter from Susan Roth dated June 18, 1990. Memo from Paul Krauss dated June 20, 1990 and attachments. H.R.A. Accounts Payable dated June 25, 1990. Article by David MacGillivray: "Changes In TIF Need Another Look". ' Article from City Business dated June 18-24, 1990,on Direct-Mail Printing Industry. ' Letter from Appliance Recycling Centers of America, Inc. dated June 7, 1990. Letter from Harald Eriksen dated June 7, 1990. I 4- -9 a 1 CiTY O ca -1 --# '4 CHANHASSEN 1 . „, ...,"".... 1-_,,f,s ''-'•9 ,s146 ; 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I }., (612)937-1900• FAX(612) 937-5739 IMEMORANDUM ITO: Don Ashworth, City Manager FROM: Paul Krauss, Planning Director(,�� IDATE: June 20, 1990 SUBJ: Response to Neighborhood Newsletter Regarding the IComprehensive Plan A second unsigned newsletter has been distributed to property owners in the western portion of the City regarding the status of I the Comprehensive Plan. I am not certain as to whether or not the City Council received copies of this, however, staff did not directly receive one. We indirectly received one from a concerned I property owner who called us to get an understanding of the issues. Newsletters of this sort represent a difficult situation for the Planning Commission developing the Comprehensive Plan. The Planning Commission's work is done in a public forum where issues Ican be adequately dealt with and discussed with all concerned parties present. This newsletter, along with the original newsletter distributed in March, contain a large number of I inaccuracies that serve to misinform and mislead individuals and create a charged atmosphere at public meetings when they do occur. Staff has discussed these issues with the people that we believe I are behind the newsletter at length and have provided them with as much information as they requested. However, it does not seem to make much difference what we tell them since the newsletter is obviously tailored to achieve a particular result. We could refute Ior respond to the accusations in the newsletter on a case by case basis but I frankly do not feel that this is an effective course of action. The newsletter is so inflammatory that I believe when the I truth is presented at the Planning Commission sessions, the individuals will be able to make up their own minds. This is not to underestimate the fact that there are individuals who disagree I with aspects of the draft Comprehensive Plan. Their concerns are not to be minimized and revisions to the plan, I am sure, will continue to take place as the Planning Commission so directs. I Staff will continue to keep the City Council as informed as possible on all developments pertaining to the plan. I I _` --^� ALPN&HIGHWAYS1 - — � , Ud --z - , June 1990, Number 2 COMING SOON -to your bad neighborhood(per Planning staff proposals): -GormMndai stores,service stations and assorted shops on the northeast corner of Galpfn and Highway S. • •Offices,warehouses,factories and other assorted eyesores plus new sources of traffic along Highway 5. -A junior high bukdirng on(OalPin and Highway 5)with school bus tnsfNc Togetierwrkh associated treapaakng,noise, . mandaiism,and whatever eke comes with k -Sewer and water potential with accompanying assessment charges for everyone*thin the now MUSA line shift Yes, I Galpin,Lake Lucy,and Timberwood too-so do we naky need k? -The demise of the rural character of our city. -OMING SOON-Unless you stand up to be counted: Wire got trouble,right hen in River City.'But,I starts with IP',for Planning Commission and Planning Staff.They are cooking up if sorts of ideas and are planning on locking them into cement unless we all take the liens to attend a New meetings and voice our concerns.These changes ail inpact the character of Chanhassen. - On June 6,1990 at 830 the public is invited to let the Planning Commission know what they think about the proposed zoning changes to the AglResidential land on the west end of Chanhassen.They*Ocularly want to know if more than 5 people on the NORTH side of Highway 5 really cane about what is happening.PLEASE GO. On June 20,1990 they will have another meeting.Again for all to attend,but they want to hear particularly from the resi- dents south of Highway 5. Please plan on going at 830 PM.Also,I you have not signed the petition yet,please do so. I YOUR SILENCE OR YOUR ABSENCE TELLS THEM that they should go ahead and plan the zoning for industrial uses, resulting in traffic congestion,noise,pollution,and the devaluation of surrounding residential property that abuts or is • near to these negative land uses. GEEINO ORGANIZED IS CRUCIAL r unity of purpose and goals will speak loudly to Commissioners.We cant all get up and speak 50 different ideas. All the • bits contacted,have agreed they do NOT want to see anything other than low density residential.Most do NOT want sewer/water and the assessments.(Note,the petition does not cover this issue).The land will eventually develop and IPlanning wants no more large acre developments-so let's negotiate for residential development Possible position points: t. On each side of Highway 5,place the frontage roads parallel the highway.Put maximum height berms with evergreen trees between the road and highway. 2. Zone for a half block strip of twin homes next to McGlynn and backed up to the frontage roads,as transitional zoning to regular houses.This way,homes can back up to the frontage road w!th berms and trees rather than the highway. 3. NO subjecting of existing homes to sit next to or near offices,industry,school buildings.etc.(remember,50 feet is how I close to your property the factory can come!) 4. Keep the non-residential in the downtown area and next to the proposed freeway 212. 5. Since the school district did NOT specifically select the proposed site(Planning did),pick a site where folks can volunteer f r""' to move next to It,instead of forcing existing housing to back up to R.Why not a school on the SE corner of 41 and �: Highway 5,or next to Lake Ann Park,or on SW corner of Gaipin and highway 5? I • 6. Say no thank you to Fleet Farm or other commercial on 41$5 and say no thank you to commercial on NE corner of Ga 1pin&Highway 5. Chanhassen has arrpie convenience stores and our struggling downtown needs all the help it can• 7. Reduce traffic on Highway 5 by not zoning for uses that generate truck and employment traffic. a. Let Planning know that low density homes plong a frontage road is a ieasble use.Just look at all the new construction I going in along Freeway 494 and other higways. The Planning people remark that we are'forcing"people to We on a highway.This is nonsense.There is segment of the market that knowingly and willingly purchases homes on highways. The only time you are'forcing'things is when you take existing homes and rezone for non-residential uses and dump it Nthe front or beck yard of those existing homes. Covert ert Warning! Do YOU carry this fatal disease? . There is a malady affecting some of the citizenry:Symptoms: complaints of past ill-management of this city. -pain brought on by not wanting the area rezoned for NON-residential. •reoccurring spells of listlessness,apathy,or pessimism,resulting in lack of panic ip.ation in this rezoning problem. Consequences,if not treated promptly: Land rezoned for office and industrial which allows 4 story buildings that take up 70%of the site(not to mention an the ac- companying blacktop,signs,fights,pipes,noise,traffic,trucks,pollution and lower residential property values. I Prescription: - The patient needs to visualize the long range impact of these negative developments and plan to take a few hours to show up at these meetings.Plan to voice your concerns.Plan to sign the petition. Remember,the domino principle:k non-residential gets a foothold,the property next door and across the street FALL I victim,everdwiy. I • • = c i TY ___ _ _, 4.___ _ _ _T___ .._ _ _ __ BANHASSEN . N., , . - . ' 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 . (612)937-1900• FAX(612)937-5739 _=MEMORANDUM `.° S ' TO: Gary Warren, City Engineer FROM: Charles Folch, Assistant City Engineer er .1 DATE: June 15, 1990 SUBJ: Hiring for Engineering Intern Position IFile No. PW114 I On Tuesday, June 12, 1990,* Dave Hempel and I interviewed three (3) candidates for the Engineering Intern position. All of the candidates appeared to have the skills and experience to I adequately perform the job tasks Associated with the position. However, following some deliberation, it was our consensus that Brandon D. Marsh was the most appropriate candidate for the position. IBrandon Marsh was offered and ias accepted the Engineering Intern position. A June 19, 1990 start date has been agreed upon I at an hourly rate of $6.00, ,,as was budgeted. Brandon was also informed that this position'is temporary and that normal benefits are not acquired. Iktm c: Don Ashworth, City Manager I Karen Engelhardt, Office Manager Jean Meuwissen, Treasurer. = x::° ttorsots Ow);t4°1. Dave Hempel, a ngineer' 91,r-- I )01-1;1. 4oto - 1'S• TbRw►. ..Aw . toms • . I • 0 o ak, fa* Oct S ii a....4 p) I Q: Dew! I4 I CAMPBELL KNUTSON, SCOTT & FUCHS, P.A. c c /1`1‘-1147"4 Attorneys at Law Thomas J. Campbell ' - Roger N. Knutson (612)456-9539 Thomas M. Scott Facsimile(612)456-9542 Gary G. Fuchs James R. Walston - Elliott B. Knetsch Dennis J. Unger June 6, 1990 Mr. Don Ashworth Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 II ' RE: Anderson (Sunny Slope) v. City of Chanhassen ' Dear Don: Enclosed is a copy of Judge Kanning's ruling. Judge Kanning has ruled in favor of the City and dismissed the plaintiffs' ' lawsuit in its entirety. From conversations with plaintiffs ' attorney, it does not appear likely that they will appeal. ' Very truly yours, CAMPBELL, KNUTSON, SCOTT ' & FUCHS, •.A. BY: . .•IIJ AalAA ' Ellio ', sch EBK:srn �� Enclosure ' cc: Paul Krauss Jo Ann Olsen Scott Harr JUN 081993 • CITY OF CHANHASSEN Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I 1 1 1 1 1 1 1 1 1 1 1 1 * _---I ' - STATE OF MINNESOTA• Alonzo B. Seran itttorney at Law COUNTY OF CARVER 730 Second Ave. S 1315 Minneapolis, Mn 55402 Clerk' s Notice of Filing • Entry or Docketing IElliot B. Knetsch 4ttorney at Law . IYankee Square Office III Suite 202 3460 Washington Drive IEagan, MN 55122 _ In Re: Anderson vs. City of Chanhassen, et al File No. 87-22730 IFor the above entitled matter, you are notified that on May 29, 1990 , Ix Findings of Fact, Conclusions of Law, Order for Judgment and Judgment Order - IJudgment IOther _ was duly r ' ' r x Filed MAY 2 9 1990 IIx , Entered ,.t.t -: y • r,•q 37 r.ii�,i+ll57iiEiroR IIDocketed in the .amount . II _Dated: Y 29, 1990 . Copies attached Joyce A. VanEyll Court nn Administrator By: 4t.EA..-L..LAA t i i• - l„ Deputy • Court Administration Carver County Courthouse 600 East 4th Street Chaska, MN 55318 IDirect Dialing (612) I . 448-1201 Civil Division 445-1202 Traffic Divisic . 448-1203 Vital Statistic • . . I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 ` STATE OF MINNESOTA .DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT ' CASE TYPE 10: OTHER CIVIL Court File No. 87-22730 Steven T. and Nancy L. Anderson, ' et al Plaintiffs, vs. �NDINGB OF FACT, F_ f - �' NCLUSIONB OF LAW, - O ER FOR JUDGMENT City of Chanhassen, et al JUDGMENT Defen antslAY 2 9 1990 c; U - -,,:vIt1vt , 5 +ikTOR ' The above entitled action was regularly placed on the court calendar and came on for hearing before the undersigned Judge of ' the above court on January 5, 1990, and April 18, 1990. Alonzo B. Seran, Esq. appeared for and on behalf of plaintiffs; and Elliott ' B. Knetsch, Esq. appeared for and on behalf of defendants. Based upon the proceedings, files, records, and memoranda of counsel, THE COURT MAKES THE FOLLOWING: FINDINGS OF FACT 1. Plaintiffs applied for a conditional use permit and four ' (4) variances to operate a recreational beachlot on property they ' own in the City of Chanhassen, Carver County, Minnesota. 2. Public hearings were held before the City Planning ' Commission on April 6, 1988, and April 20, 1988. 3. Plaintiffs were given notice of the hearings and representatives of plaintiffs attended the hearings. I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I il 4. Proper notices of the hearings were mailed and published I according to law. I5. The Planning Commission heard testimony from all interested persons and recommended denial of the conditional use Ipermit and variances. An accurate verbatim transcript of the public hearings was made. 1 6. The Chanhassen .City Council considered plaintiffs' Iapplication on April 25, 1988. The City Council heard testimony from all interested persons. An accurate verbatim transcript of Ithe meeting was made. 7. Plaintiffs received notice of the meeting and represent- ' atives of plaintiffs attended. 8. On May 23, 1988, the City Council adopted written IIfindings of fact and denied plaintiffs' application. I9. The City Council found, and the record supports, that: Lot 37 failed to meet minimum standards set forth in the Iordinance for granting a conditional use permit; the proposed beachlot would have an adverse effect on adjacent single family Ihomes; the use would disrupt the quietude of the area by Iinterjecting too many people into too small an area; the use would generate additional boat traffic and congestion on the Ilake; the use would depreciate adjacent property value; the ordinance does not cause plaintiffs undue hardship; Lot 37 can be 1 put to a reasonable use without the variances. I10. The City Council's findings are supported by facts in ecord. The parties have stipulated that plaintiffs only II 1 -2- II I 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 1 I submitted one development plan for its property and that plaintiffs have not sought a variance for a single family home on ", Lot 37. 11. Plaintiffs' property may be used for recreational IIactivities like swimming, picnicking, and other outdoor activities and sports. II12. Plaintiffs have reasonable use of their property under the City's ordinances. I13. The record contains no evidence that the City treated Iplaintiffs' application differently than similar applications. CONCLUSIONS OP LAW II1. The City Council's findings are supported by facts in the record. I2. The City Council's findings are legally sufficient. I3. The City Council's decision denying the variances and conditional use permit has a rational basis, and is not Iarbitrary, capricious, or unreasonable. 4. Plaintiffs have a reasonable use of their property under IICity ordinances; thus the City has not taken the property without just compensation in violation of law. I 5. Plaintiffs' application was not treated differently than Isimilar applications, thus the City's actions do not constitute a denial of equal protection of the laws. 1 6. The City's recreational beachlot ordinance is consti- tutional, as applied here. I I -3- II I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 4 ORDER 1 11 1. The City Council's denial of plaintiffs' application for a conditional use permit and variances is affirmed. 2. The plaintiffs' Complaint is hereby dismissed with ' prejudice. JUDGMENT ' Let judgement be entered accordingly. Dated this , t95' day of )1114,1 , 1990. ' BY THE COURT: p PHIL- T. ING l Jud• the istrict Co i; t ' JUDGMENT I hereby certify that the foregoing Order constitutes the Judgment in ' this matter. Dated this 29th day of May, 1990. ' BY THE COURT: 1 Joyce A. VanEyll Court Administrator By: l f Deputy J Y5 ■• . 1 i r (IIAY 91990 -4 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I --_._..._.-- 1 - _ -;--.7.2-- --.1f-Lii -- - ---- - - ---; - --- 111: - _ - _.. ._. ..� ^" .°' "ms`s"" - -'t-a 3ti� rL.""'-- - -#:•-s_ .o -- . - } - - _ - roc. e41 . 4 _ __ - '� /1�C �.. •-}1:L"`�=.,.+__- _4 P. City -4,_ _ -,00, _ ._ . __ ._ _ - _ __ - - . - - iia$f% - -- - - - - - - - the city that works for you _ - - - .June 1, 1989 • - - _ . , - - , _ :,SUN 0 71990 - _ ' -, CITY OF CHANhi 5.. N Don Ashworth, City Manager - r - - 0 ' CITY OF CHANHASSEN : _ - : .690 Coulter Drive - -' lii : - Chanhassen, Minnesota 55317 - < _ - ' . " Dear Don: . - - - - - - . - -- -- - - - - Congratulations on your election to the Board of Directors of the - Association of Metropolitan' Municipalities.' We appreciate your commitment of -time and energy on our behalf and .look forward to t_ working with you over the next year. We know there will be. many II difficult issues to be resolved, however, -we have all the. . ' confidence in the world that President. Larry Bakken,' the Board, - and the Association Staff will -provide the strong leadership we - . • need. - . - 'Sincerely, • - . . CITY OF NEW BRIGHTON _ - - Bob Bunke_ Steve Larson ' ilMa , . • Councilmember _ Atiur . : . Dana Brandt Rebe ein - - Roge Wi iams - Councilmember - • _ ' Coun ilmember • .b- - al-t....b.s •---• _ rl Gs,sssFerman , - David Childs - - . . • • Colinc- Irember . - , - - City Manager - - - /pi' • 803 Fifth Avenue NW •New Brighton, MN 55112• (612) 633-1533 • - >z 4 .�e—V CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. �K Attorneys at Law #"/9 ,� lThomas J. Campbell Roger N. Knutson (612)456-9539 Thomas M. Scott • + Facsimile(612)456-9542 I Gary G. Fuchs James R. Walston Elliott B. Knetsch June 8, 1990 Dennis J. Unger IIMs. Linda M. Pauly Rueben Mr. Ben Rueben 5333 Third Avenue South IIMinneapolis, MN 55419 ^ Mr. Noel E. Pauly (`!j II Mr. John Arhelger 3213 Colorado Avenue South St. Louis Park, MN 55416 IMr. Donald G. Pauly, Jr. 405 Heathrow Court Burr Ridge, IL 60521 . IIMr. Earl Pauly . c/o Ms. Linda M. Pauly Rueben I 5333 Third Avenue South Minneapolis, MN 55419 IGentlemen and Ms. Rueben: This letter is to notify you that the Commissioners ' hearing which were held during the week of June 4, 1990 regarding the I compensation to be awarded for the condemnation of the property located at 460 West 78th Street in Chanhassen, Minnesota will he resumed on Monday afternoon, June 18, 1990 at 1:30 p.m. at the I Chanhassen City Hall, 690 Coulter Drive in Chanhassen, Minnesota. You or your representative may appear at that hearing to offer any evidence you may believe to be relevant to the Commissioners' Idecision. If you have any questions about this hearing, or any other matter concerning the condemnation, please feel free to contact me Ior Roger Pauly. IVery truly yours, CAMPBELL, KNUTSON, SCOTT & IFUCHS, P.A. BY: GGF/rwg Gary G. Fuchs Icc: Mk. Roger A. Pauly • cc: !r. Don Ashworth I Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN__5022 ..`•r ..0 I s.r J. 1990 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law 4 Thomas). Campbell Roger N. Knutson (612)456-9539 Thomas M. Scott Facsimile(612)456-9542 Gary G. Fuchs James R. Walston Elliott B. Knetsch Dennis J. Unger June 8, 1990 IMr. Al Dahlke Dahlke Sales ' 104 West Main Street Waconia, MN 55387 C2 (:) 0 ' Mr. Gene Rosenwinkel Lenzen Realty 123 Fourth Street West P. 0. Box 320 Chaska, MN 55318 Mr. Paul Jensen 1450 Parkview Drive Chaska, MN 55318 ' Re: City of Chanhassen vs. Pauly, et al. Gentlemen: ' This letter is to confirm our conversation in which we agreed to continue the Commissioners' hearing of the taking of the prop- - erty located at 460 West 78th Street in Chanhassen, Minnesota to ' 1:30 p.m. on Monday, June 18, 1990. The continued hearing will be held at Chanhassen City Hall. ' Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. • ' BY: Gary G. Fuchs GGF/rwy ' cc: r. Don Ashworth cc: Mr. Roger A. Pauly cc: Mr. Harvey G. Swenson I'ankee Square Office 111 • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I I I I I I I I I I I I I I I 1 I I I • -1 -=- --tAND USE CONSULTANTS - 1-Ioisington Group Inc. r --- - - _ -- :... ri/,TA ,,..,,,j- June 6, 1990 I: Mr. •Herb Mason Hagen & Mason Investments 33 Tenth Ave. S. #100 it�,..Gi!/i� Hopkins, MN 55343 JUN 0.7 1923 Re: Estimated Colonial Center Assessments _ II Dear Herb: Attached is a revised assessment. status report which incorporates -Peggy's concerns as included in her letter to Todd Gerhardt dated May 31, 1990. We are in agreement that the 0 current estimated assessments to Colonial Center will be -approximately $194,000 with concrete loading docks and wood -dumpster enclosures. 1 Having discussed the dumpster enclosure question with Don Ashworth, the City would very much Iike to see masonry rather than wooden enclosures. We are extremely concerned about maintenance and damage to wooden structures. This would add I approximately an additional $16,250 to your assessments. The small masonry enclosures, of which there would be three, would be 6 feet by 8 feet - in size with 42 inch frost footings and a seven inch concrete floating slab. The gate I would have two sections which together would total an 8 foot wide opening. Metal gates are suggested. The large enclosure for Kenny's would be 14 feet by 16 feet with all of the same attributes. It too, would have an 8 foot wide opening but it would be designed to - - accommodate two regular dumpsters rather than one large end-loading dumpster as is presently' used by Kenny's. Also included for your preliminary review are the easements, both permanent and I construction, the City will need prior to the start of construction. We would appreciate it if you would have Spence Kluegel look at the easements so that we can have them approved sometime early in the week of June 11. There will also be an amendment to the I original assessment agreement to account for the dumpster enclosures and loading docks. It will simply indicate that you will accept the assessments for those improvements. iVic recognize that the most for masonry enclosures is substantially higher than for wood but strongly encourage you to consider this alternative. In the long run it will be much less costly to maintain and more attractive. ISincerely, _ Fr Hoisington, Planning Cnsultant Icc: Don Hagen Peggy Reilly Spencer Kluegel I Donald Ashworth . Todd Gerhardt Roger Knutson _ i 7300 Metro Blvd.•Suite 525•Minneapolis,MN 55435•(612)835-9960 I MI IIM IMO SU um ow me ow 1.1 um ow um ow am at op r: am 1 1 . I EXIST. r i j �I NOTE: ALL DIMENSIONS INCLUDING BLDG. I II . • RADII ARE TO FACE OF CURB 1 � I 1 . L I I 11 ---- , 1 • I I -lo,.,1 I • I I 1 / - j TEMPORARY CONSTRUCTION EASEMENT 1'I o 1 - 58' cv WA ( 7 SQAtE • '-O" Oa W.I. �� N. PROPOSED\ EA EMENT •Ca I ION 1 ( 4 :4 5 R � I. :— i ,R ``\\ \` \CONCRAT "-1 PROPOSED STORM SEWER —-- rwA - ----- -- j ���� P'ON ., f•-:i.- EXIST - ----- in "\\ \ t4': 4••: CATCH :ASIN'S I • - " "r PIPETO'M SEWER � EXIST BIT I 3• ficidillevir �I't`•r�-:r..l I ' ,In I 5 R 5 R 20 ( _---i��Tn mrl It�f w';"' �1�1 '.1:2 10 I I �I 2 WATER REMOVE EXISTING 1 I II SERV. CONCRETE I II C�b'P ��i446. C I OP"' '�� DRIVEWAY APRON I I �� I o CHALET PIZZA • CLEANERS I :;I It • KENNY'S SUPERMARKET , / - ORIGINAL DATE:7/26/89 CI`x'Y OF CIiANIiASSE I hereby certify that this plan 4- BR V REVISIONS:12/19/89 r � EXIST • T specification or report was DOWNTOWN REDEVELOP Q prepared by me or under my direct W. 78TH STREET NORTH SJ- supervision and that I am a duly INC. ,u,..e to Registered Professional Engineer '"•°•00.40 .PUBLIC PARKING LOT PHAS ti undar the State of Minn. Statutes T,111""1"."4 Se V A R I S se 326.02 to 32 16. MPOIC P US.MNUM •• DIMENSION PLAN EAST 6 DESIGN BY:GR SURVEY BK.NO. PROJECT AREA DRAWN BY: RJG.MJM � 1 18'r 3D 'j •# 18 / Date7/ 26/89 Minn. Reg. No.16140 S.A.P. NO. SHEET 12 OF 20 DE I I I 1 I I I 1 1 1 1 I 1 1 I 1 1 I 1 1 . CITY OF ' V.�.T 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 ' y= (612) 937-1900• FAX(612)937-5739 II MEMORANDUM II ?k TO: Jim Chaffee, Public Safet y Director IFROM: Scott Harr, Assist . Public Safety Director DATE: May 31 , 1990 ., SUBJ: Cars Parked "For Sale" at 78th and 101 IAttached please find a MNDOT work order , which will hopefully help the situation. While these signs are not up, please be advised that I have had the City, with the owners permission, II post "No Parking" signs at that corner . I see that no cars have been parked since our signs were posted. Hopefully the signs , together with our vigorous enforcement , will cause this problem II to cease. I . _ I _ _ I 1 II I I 1 I I 1 1 1 1 1 • 1 1 1 1 1 1 1 I I .i uooe: - ) 1- 1 M OT 29187 (12-78) SSWO: 90-78 a ID(STRICT TRAFFIC WORK ORDER,' • County Carver 101 Date May 1, 1990 T.H. No. Dist. No. Metro — Golden Valley 1010 --- •• Control Section Order No. 90-5A-74r Location South of South Shore Drive in Chanhassen I To Dave Schmidt — Signing & Striping Make the (permanent/temporary) changes in traffic controls as follows: IInstall "NO PARKING ANY TIME" signs (R7-1A) on S.B. T.H. 101 just south of South Shore Drive as shown on attached layout. I ? --`-' O} • Ilv�~ � ( Ft? . I I I I I - - . : MAY 0 3 1993 IAttachment: Clii OF CHAIV I-U SSJJ JSK:pl:GTK is rf ict Traffic Engineer I Date work completed Signed by: loCci David Hempel — City Chanhassen I White an Pink—Work Unit (Return White to DTE upon Completion of work) Orange—Protect Engineer or Protect Supervisor Slue—District Traffic Engineer III I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I - t i s .... . f V - I:, 1 i - I/ . - .... : I-A � t AZ! `rt s T i ab.x N.N I . 0 1140. �C °, I 1 Z 7, r A A r g W • -- = Z Z ' owl a r ea r 0 o m I I SO. SHORE DR I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I '` ' . CITY _0F — as-yo ,__ ii ZHANHASSEN I - #1143' ., ` MINNESOTA 55317 r.'� 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN, 937-1900• FAX(612)937-5739 June 6, 1990 I Mr. Steve _Keefe, Chair Metropolitan Council Mears Park Centre , 230 East Fifth Street ISt. Paul, MN 55101 Dear Chairman Keefe: II want to take this opportunity to thank you and your staff for organizing the May 30th meeting in Shakopee on Non-point Source I Pollution and the Minnesota River. This is an issue of growing concern at the local level as well and we believe that leadership by the Metropolitan Council, DNR, PCA and potentially, the State Legislature is the only means by which an effective, coordinated Iapproach to dealing with the issue can be developed. If any task forces or work groups are going to be assembled on this matter, please be aware that the City of Chanhassen is willing to actively Iparticipate. In representing the City of Chanhassen, I do have several concerns I that I would like to have addressed. The first is a technical question. We do not question the accuracy of the data regarding water quality in the Minnesota River. However, Council staff has repeatedly linked non-point source pollution with urbanization. If ' this factor plays such a significant role, I am baffled as to why similar non-point source pollution problems are not found in the Mississippi since that river has considerably more urbanized runoff I then the Minnesota. The major difference with land uses along the two rivers appears to be the much large amount of agricultural uses in the drainage basin of the Minnesota. We would hope that any Istudies being undertaken could clarify this issue. Our remaining concerns deal with the equity issue that was raised at the meeting. While Chanhassen is certainly going to be willing I to undertake our fair share of the effort we too are concerned that all upstream non-point sources are addressed, including those outside the seven county area. The discussion of this topic at the Imeeting heightened this concern. . I 1 Mr. Steve 'Keefe, -Chair June 6, 1990 Page 2 In a related issue, we are concerned that there be equity within the metro area. Chanhassen has always attempted to develop in an i environmentally sensitive manner. We were one of the first communities to adopt stringent wetland protective measures. We have established excellent working relationships with the Watershed ' Districts, Minnesota Department of Natural Resources, and U. S. Fish and Wildlife Service. Virtually every development proposed has been forwarded to them and their comments have been established ' as conditions for more than ten (10) years. We are also in the process of updating our Comprehensive Plan. The current draft of the plan outlines numerous environmental work efforts including a focus on storm water management, water quality and improvements to our wetland protection ordinances. We are presently investigating the potential of adopting a storm water utility district to fund these activities. I mention these items to help establish the fact that the Chanhassen City Council has and will continue to support reasonable ' efforts to improve water quality. However, we are concerned that efforts in this direction are not used to stop or slow development in the community. Restricting land uses in the developing area is ' not considered to be an acceptable tool for addressing the problems of upstream agricultural uses or those that stem from more developed areas downstream that may have been developed without the same sensitivity that our community is exhibiting. ' We look forward to working with your staff on this matter in the future. I am certain that a coordinated effort can be effectively developed to the benefit of our river and surface water. Since ely, _ Paul Krauss, AICP ' Director of Planning PK:v ' cc: City Council Planning Commission Marcy Waritz, Metro Council ' Dirk Devries, Metro Council Gloria Veerling, MWCC 1 1 11 Curry Farms Residents - June 4, 1990 Page 2 Currently only one lot has cleared wetland vegetation and has also filled into the wetland area and drainage easement. The perimeter of Wetland C is 437 ft. which would allow up to 131 ft. of wetland -edge to be cleared. The surface area of Wetland C is .3 acres (13,068 square feet) . ' Attached is an application which may be filled out and returned to the Planning Department along with a copy of the survey showing what is proposed as far as wetland alteration. A joint application ' would best serve the residents adjacent to Wetland A. The application should be made by June 18, 1990. Should you have any questions, please feel free to contact me at 937-1900. 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(612) 937-1900 DEVELOPMENT REVIEW APPLICATION IAPPLICANT: OWNER: ADDRESS: ADDRESS: I I TELEPHONE (Day time) TELEPHONE: _REQUEST I ♦ Conditional Use Permit - $150 4 Subdivision: ♦ Interim Use Permit - $150 Preliminary Plat: II ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $100 II - Sketch Plan - $200 - Create more than 3 lots - + $15 - Preliminary Development Plan lotOcreatedcre + $5 per lot $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 - Amendment to Final Development - Metes and Bounds - $100 Plan - $300 + $15 acre - Consolidate Lots - $100 ITOTAL PUD TOTAL SUBDIVISION I ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: - Individual Single Family ♦ Vacation of Utility or Lots - $25 IStreet Easement - $100 ____ - All Others - $150 ♦ Variance - $75 ___ I ♦ Rezoning - $250 I ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - No Charge I I II * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT NAME - - - - - - _ LOCATION - ,--_ _ - IILEGAL DESCRIPTION - PRESENT ZONING 1 REQUESTED ZONING PRESENT LAND USE DESIGNATION - IREQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST I 1 This application must be completed in full and be typewritten or clearly I printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. IThis is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements Iwith regard to this request. This application should be processed in my name , and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership I (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement) , or I am the authorized person to make this application and the fee owner has also signed this application. I I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an I estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I Signature of Applicant ..Date I ' Signature of Fee Owner Date Application Received on IFee Paid Receipt No. IThis application will be considered by the Planning Commission/Board of Adjustments and Appeals on . ' .___--, - _ _ . . . 7 _ . ---_—___.-„L- -..,;;.,—..__A-_-7,-;--= iTy :,' . .. _ .....±.-. :JDF . -. ..:,. „..... .. • .. . _ , ,,... . „:„.:7:,:. „_; , . . , ..s. ________ _ __,, :_:...„, _ 1 _ _ 7-_ _. HENNA OBb _, . . .., :• :. . . ::.:. • , .._ . . 1 :. .... • ,. .,_ .: :. • . _____, . .. .;Y _ :. 441101, ,1590 COULTER DRIVE a PA.BOX 147 a CHANHASSEN,MINNESOTA 55317 . - °-4612)937.1900•FAX(612)937 5739 D. WETLAND ALTERATION PERMIT - --PEE $ 25 Individual (1 lot) _ $150 Development (1+ lots). . _ 1. Completed wetland alteration alteration-permit t -form -• ' 2. Application fee 3. Statement of need and justification of compliance with pro- posed i , intent of wetland regulations (Sections 20-436 - 20-440) . 4. Site plan including the foll wing: _- - a. Exi tin n 'V s gad proposed concurs i b. All proposed improvements4lterations c. - Ordinary high water mark/ellge of wetland d. Landscaping and habit i ovement 5. H drolo is data and ` y g a report cover rig existing and proposed - Irun-off, ground water, ` nding a ? drainage 6. Identification of soil.;'types, aqu- is characteristics, babi- il tat and vegetation writhe area exits and how the wetland will be improved II 7. Submittal of pry urinary review and ite investigation com- ments from Fish-and Wildlife Service DNR, Corps of Engineers Afid Soil Conservation Ser ce - .j1 T .. . _ _ . . _ .. i . - - - - R . _ II 1 GENERAL -=--- _- 1. -Completed application form. 2. Application fee. y . - 3. Evidence of ownership or an interest in property. 4. Location map showing property within 4 stile of site and noting area within 500 feet of subject property. 5. List of property owners and addresses within 500 feet of property. This list nay be obtained from Carver County Abstract and Title Company, 448-5570. 6. Property adjacent to a lake or affects usage of a lake a list of property owners .and addresses abutting the lake needs to be submitted. 7. Legal description of the property. 8. Description of the proposed use, operation and aeed. 1 1i f.. T I . t - • t _ • 1120422 - CHANi3ASSEN CITY CODE the council.The council may establish reasonable conditions which are specifically set forth in A the permit to ensure compliance with requirements contained in this article.Such conditions ' may,among other matters,limit the size,kind or character of the proposed work,require the construction of other structures,require replacement of vegetation,establish required moni• • taring procedures and maintenance activity,stage the work over time,require the alteration t of the site design to ensure buffering,require the provision of a performance security.The i venting of a wetland alteration permit does not abrogate the need to obtain permits required by other local,state a federal agencies. -- (Ord.No.80,Art.V,f 24(5.24.9),12-16.86) ' Sec. 20423. Inspection of work. • The city engineer may cause Inspection&work for which a wetland alteration permit is • • issued to be made periodically during the course f such�,k and shall cause final inspection ' .111- to be made following the completion of the work. (Ord.No.80,Art.V,1 24(5.24.11),12.15.86) Sec. 20424. Expiration,renewal,etc. I (a) Unless otherwise specified by the city council,the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one(1)year after the date the council approves the permit application. I (b) The permittee shall provide written notice to the city engineer twenty-four hours . prior to the commencement and completion of the development ) deemed to have been completed until ' No project shall be I - approved by the city engineer after receipt of notice of completion. • (c) If the permittee fails to commence work on the development within the time specified I in this section,the permit shall be void.The council may renew a void permit at its discretion. If the council does not renew the permit, the holder of the void permit may make original I _ application for a new permit. (d) The permittee may make written application to the council for an extension of the time to commence work,but only if the permittee submits the application prior to the date Ialready established to commence work. The application for an extension shall state the reasons the permittee requires an extension. (Ord.No.80,Art.V,1 24(5-24.10),12.1686) .U Secs. 20-425-20431. Reserved. - Part B.Issuance Guidelines Sec. 20436. Generally. - .1 No wetland alteration permit shall be issued unless proposed development complies with the the council that the ' provisions of this part, as well as the intent and - 1192 -I I iti - -- - - _ . ZONING #20.438 1 . purpose of this article.1 article.In reviewing wetland alteration proposals reference shall be made to United States Department of Agriculture Soil Conservation Service under Runoff,Erosion Iand Sediment Control Handbook and Technical Field Guide. If the city council determines that the required boas in a particular instance are needlessly burdensome because of the area and nature af'a proposal,it may agree to a substitute analysis. II - (Ord.No.80,Art.V,f 24(5.24-8),12.15.86) Sec. 20437. Filling. . IA minimum amount((filling will be allowed when necessary for the use of property,but only when it will not have a net adverse effect upon the ecological and hydrological character- ' proposed istics of the wetland.In determining whether a prop development will have a net adverse effect on the ecological and hydrological characteristics of the wetland, the council shall consider,but not limit its consideration to,the following factors: I (1) Any filling shall not cause total natural flood storage capacity of the wetland to fall below, or fall below further, the projected volume of run-off from the watershed generated by a 5.0-inch rainfall in twenty-four(24)hours.Since the total amount of I filling which can be permitted is limited,apportionment of fill opportunities for other properties abutting the wetland shall be considered. I (2) Any filling shall not cause total natural nutrient stripping capacity of the wetland to be diminished to an extent that is deterimental to any area river,lake or stream. (3) Only fill free of chemical pollutants and organic wastes may be used. I (4) Filling shall be carried out so as to mini/Gin the impact on mom • (5) Filling in wetland areas will not be permitted during waterfowl breeding season or Ifish spawning season,unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (Ord.No.80,Art.V, f 5-24.8(1),12-15.86) I - Sec. 20.438 • Dredging. . I Dredging will be allowed only when it will not have a net adverse effect on the ecological and hyrological characteristics of the wetlands.Dredging,when allowed,shall be limited as follows: I (1) It shall be located as to minimize the impact on vegetation. (2) It shall not adversely change water flow. I43) The size of the dredged area shall be limited to the minimum required for the II (4) Disposal of the dredged material is prohibited within the wetland district unless specifically authorized in the wetland alteration permit. I (5) Disposal of any dredged material shall include proper erosion control and nutrient retention measures. 1193 I -I 1 20438 - CITY CODE - v , (6) Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season,unless it is determined by the city that the wetland is not used for I waterfowl breeding or fish spawning. (Ord.No.80,Art.V,f 24(5-24.8(2)),12.15.86) IIke. 20-439. Discharges. (a) Soil loss from a construction site any part of which is in a wetland or within two I hundred(200)feet of the wetland that is within the wetland watershed shall not mooed a rate of more than two(2)tons per acre per year. _ I 03) Projected soil loss from a completed construction project shall not exceed one-half ton per year if any part of it is in a wetland or within two hundred(200)feet of a wetland that is within the wetland watershed. I (Ord.No.80,Art.V.f 24(5-24.8(3)),12-1586) Sec. 20.440. Stormwater runoff. (a) A minimum increase in volume of stormwater runoff to a wetland from a development opmen over the natural volume of runoff may be allowed when necessary for use of property but only I . when it will not have a net adverse effect upon the ecological and hydrological characteristics of the wetlands.In no case shall the restrictions on runoff set out below be exceeded.Since the total increase in runoff which can be permitted is limited, the council when considering . li I - permit applications shall consider, in addition to the following, apportionment of increased runoff opportunity to all wetland property within the surrounding wetland area. I (b) Stormwater runoff from a development may be directed to the wetland only when free of debris and substantially free of chemical pollutants and silt,and only at rates which do not I disturb vegetation or increase turbidity. Sheet flow and other overland drainage of runoff shall be encouraged. • (c) The proposed action shall not cause stormwater runoff on the wetlands to take place at a rate which would materially exceed the natural rate. (d) The allowed total increased runoff,in combination with the total fill allowed,shall not I cause total natural flood storage capacity of the wetland to fall below,or fall below further, the projected volume of runoff in the whole developed wetland watershed generated by a 5.9-inch rainfall in twenty-four(24)hours. ' (e) The allowed total increase in runoff,in combination with the total fill allowed,stall not cause total natural nutrient stripping capacity of the wetland to fall below,or fall below I further,the projected nutrient production from the whole developed wetland watershed. (Ord.No.80,Art.V.f 24(5-24-8(4)).124546) ISecs. 20-441-20475. Reserved. - • 1194 I ==1 ETLAND ALTERATION PERMIT ____ _ _ ' VALUATION WORKSHEET _ _. To Be Completed By Applicant and Submitted with Application I (Attach additional sheets if necessary) I1. WETLAND DESCRIPTION: - -- Size: IClass: Type: { Location: Lakeside Streamside �_ Upland IWatershed Districts IArea of Open Water: Drainage Flows To: IVegetation Types: • Soil Types: I 2. DESCRIPTION OF PROPOSED ALTERATION: I- I I3. PURPOSE OF PROPOSED ALTERATION: I I U • APPLICABLE WETLAND ORDINANCE SECTION: "I 5. A. DISCUSS THE IMPACTS ON THE PROPOSED DEVELOPMENT Ili NO ALTERATION IS MADE: I I I I 5. B. IDENTIFY AND DISCUSS OTHER ALTERNATIVES TO WETLAND ALTERATION: - • C. IDENTIFY THE ADVANTAGES AND DISADVANTAGES OF THE PROPOSED ALTERATION: 1 6. USING THE WETLAND ORDINANCE STANDARDS AS A GUIDE, DETERMINE WHETHER THERE ARE ANY INCONSISTENCIES BETWEEN THE ORDINANCE AND PROPOSED ALTERATION: • • • • 1 I -2- T t ' I.- - -2 ------C I TY OF _- : 1.- ,... .k ._, _ i -Al. '' ZHANBASSEN ' •- k-:;i 1 • _ _�k 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 'v -(612)937-1900•FAX(612)937-5739 Al i. _ . _ 1 MEMORANDUM - TO: Dale Gregory, Fire Chief IIFROM: Don Ashworth, City Manager II - DATE: June 11, 1990 SUBJ: Bandimere Farm House/Barn IIAs we have discussed, the Bandimere house/barn are in poor condition, but would be excellent buildings for training new II firefighters in firefighting procedures. ' Training films/manuals are excellent tools; however, first hand experience in attempting to save lives/properly enter/exit buildings is the only true means by which a firefighter can 'gain that form of experience. IAccordingly, whenever the City :does have the opportunity to use an existing building as a part of firefighting practices, we should afford ourselves of that opportunity.°, This memorandum is to confirm that our building department has verified that all plumbing were previously scavenged from the I building, i.e. sinks, toilets, tub, etc. In addition, they report various forms of vandalism which would -,„be expensive to repair. Finally, they note that the structure was built as a single family home and, hypothetically, could be reconverted for that use. I However, the home is severely deficient if At t were in anyway to be considered forAalpublicAuse,A.440publicaissembly building of any type. All ...doors-mould --wave: .71be aodif4ed cpen,,.outwardly, Ifurnace room enclosed, floor joists'reinforces ;'headers-reinforced, etc. In short;° the building department has reinforced your own . assessment that the'Sandimere_.bouse should,ye^ lestroyed prior to Isuch being used for further°`vandali undesirable activities. This memorandum should be se s authorization for the Fire Department to commence using the 4andimere Farm home/barn for fire II training exercise purposes. I will assume that you will continue to keep the home boarded during exercise periods and carry out clean up activities once complete. II , cc: Park and Recreation Commission . City Council ,A 14 II i '�i�' 1J1 -CARVER COUNTY COURTHOUSE PUBLIC WORKS DEPARTMENT "' cH EAST 4TH STREET ��~• CHASKA,MINNESOTA 55318 t {612) 448-3435 -` 0 P COUNTY OF CAQVEQ T01 CP.' May 31, 1990 —�-, 1 - etAi■-"ZZIV.- . X- 1"Iitflo _1 . _1 . Gary Warren r Chanhassen City Engineer 690 Coulter Drive P.O. Box 147 -1 Chanhassen, MN 55317 , Re: Intersection of CR 18 and CR 19 (Old CR 117) I - Dear Mr. Warren: • Thank you for meeting with me this past week to discuss several county highway related items involving the City of Chanhassen. Among these items was your letter of April 10th regarding the lighting and pavement markings at the intersection of county roads 18 and 19. This letter is sent to confirm my understanding that needed I lighting and marking improvements will be made at this intersection as has been the practice at other county road intersections in the - past. This practice has been that the county marks the pavement as it deems appropriate and the city provides the intersection I lighting. Examples of street intersections in the area that have been lighted by cities are CR 11 and 17 in Chaska, CR 17 and 18 (west intersection) in Chaska and Chanhassen, CR 17 and 18 (east Iintersection) in Chanhassen, and CR 12 and TA 212 in Chanhassen. If my interpretation of our discussion about the lighting at the I CR 18 and 19 intersection is not consistent with yours, please contact me at your convenience. Sincerely, I / CITY OF CNAN DZ N I Roger M. Gust- son, P.E. 3u15t9�i)ULc' County Engineer JUN 0419 RMG/cjr 1 ENGINEERING DEPT. 1 Affirmative Action/Equal Oppor$unity Employer I - _ . CITY OF -- _ ir f - .- .‘, -CHANHASSEN . -•-e ill z 1 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 012)937-1900•FAX(612)937-5739 0 - - : MEMORANDUM TO: Bob Rojina, Equipment Operator • • j ::5.°.*----- FROM: Gary Warren, Director of Public Works IIDATE: June 13, 1990 IIThe attached article from the Chanhassen Villager was recently brought to my attention. I share Mrs. Arnold's appreciation for II your interest and extra effort in serving the public. We are indeed fortunate to have you on our staff. Keep up the good work! e: - I ktia Attachment: Villager Article ': c: Personnel File Jerry Schlenk, Street Superintendent Don Ashworth, City Manager City Council Administrative Packet 6/23/90) F /r T." • fit " .r a 1 x I II I 1 y Mandy Harms we n8 people of "about whey d soy. s ..` �.tianha Farming was once the chief Producers ar life in m nearly every the hie country. will ing them about the 1 p Got to Moscow,m er — --- YP American nearly family of the advantage,ew technology,using it to their the will remember •++'s and early 1t300's lived on a that thu and producing a product lines and forthrightness II farad working with their M� leaders.I yam. met can,and will will tell his Hy,Producing barely enough Education for the 00 ministers that •" for themselves.Today, Minnesota is a good place to do t of a melves.s live on only 4 will be learning about the new I Will ucts Information and dude to the use of product that is the most convenient ordering Minnesota products. • technology,they produce for them. I think these arc wonderful Publication date'1'hursd - • Th than ese�titan produ can Finalllly8,y�education the young aPP unities.Ier.I see the o and First issue;Approx. 1,0 0 the ways people the important prosper.I see toe Soviet .adation: 14, and present,but ways does the assue.Educating the leaders of Union for a tremendous Potential APProx. 4,000 e hold? mow about the need for ttt�aticet far Minnesota goods and Malting Address: Ito 14 name� Y Harms,I fig'what will be necessary to .I want Gorbachev to octet Chalhassen Villager yeame s Man in the eighth 'use,Make �_upct the consumers can ibis is Minnesota thinking that QO.Box gg Li::oa a three generation of the future. with the large 1 be business.d �fi t,MN 55317 outside three genet I where we raise think farming of toe futon with the strong and determined Office Office Address: try beef steers,and roosters' will highly media/find,and p�p1e lost be meets. 527 a 78th Street ,mmer I�involved coos in e0Q`enknt,but will this make a There is one other have.Mr. Chanhassen, MN 553)7 I-show quality product compared to that our leaders win have.Mr. Phone:934-5000 steers,and in the project V, Products of the past and . t? GOB'still has an economic • • imposed on the strong and Published bY: S.W.Suburban Publishing ■ 327 Marschail Road Ili Letters • Shakopee, MN 55379 11, • G'Ye Staff(dye nnes°tq Help along the way Thanks citizens Publisher:Mark Weber 4 Cud 1l. TO editor: To the editor. R Pedersen senior citizen and a woman, I would like to e Sports Elizabeth White I would like to extend my thanks to cation to the citizeXf( Q editor.Jots McRae s ` Bob Rojina. My car was (at 448-2650 West 78th Street last Tuesday School) District 112 for the ems Spats writer. Todd Sehrupp �� ing.Bob stopped to help me a total dens t�Y Placed in me in electing Advertising:Connie Meyer stranger.He couldn't get my car started me to the school board. iectt l- Classified Ads:Jolene Burton so he pushed it off the road and started I am well aware of the respo�si. Oat 445-3333) ' I me a ride back home. He's gee brie es of a board member,and I will on.Ru e me a ril Young,. strive to live up to by Mohlin works extremely p polite and friendly. He the electorate P expectations of ��445'3333) 6o city of Chanhassen.If I would just like to representative of our city em- ' reconfirm.Iwant Subscriptions Ployces,we are indeed fortunate. �Y door always will be with.I wit A Meridith continue to interact with all the Chanhassen a ff j f District 112 so that I can i„,,,, 15 min circulation a' area ic.`t y represent them in board Yeary subscxtptions: $18 in Carver County ` Carol Deaner $25 all other areas • Victoria (or$2.25 per month) 1 1 • par�asat Awl juaS_____Sf0!s! 0 _ _.... ., , . . , .. .,„. .4„ ..• . . , _.,,._,... .......,., e ......,„„.„...„...,..„ . I , , ... ,. ,, . _ ___.,,._, .. ., :,. .,:.4.- ..„5 „. . -,,.. . , -,-__, - .. ,...- _.,,,,,,:„.„- ,..0-Pti;% .' ''''. .,4,-. -■L ' ' '' : ' • �+um0 f . uosrimpH vox ,`� to , �•.. -ii. , .., ,... ..-„iii. ,. 1..4.: ,..., ,. „• III peoll NLMOD 08Z01 mom= .t. ,. .. cm) RECEIVED) AID"( JUN 131990 APPROVED MINUTES - CITY_OF CHANHASSEN SOUTHWEST METRO TRANSIT COMMISSION Thursday, April 26, 1990 Chanhassen City Hall • 7:30pm COMMISSION MEMBERS PRESENT: Robert Roepke, Debra Kind, Jay Johnson, Gayle Kincannon COMMISSION MEMBERS ABSENT: Gary Peterson, George Bentley, Ursula Dimler IADVISORY BOARD MEMBER PRESENT: Scott Kipp, City of Eden Prairie ADVISORY BOARD MEMBERS ABSENT: Sharmin Al-Jaff, City of Chanhassen Kevin Maas,City of Chaska COMMISSION STAFF: Beverley Miller, Administrator Catherine Benson, Administrative Assistant CALL TO ORDER The meeting was called to order at 735pm by Vice Chair Robert Roepke. ' APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: A motion to approve the agenda was made by Johnson, seconded by Kincannon, and • passed by the Commission. MINUTES OF MEETING OF MARCH 29,1990 MOTION: A motion to approve the minutes was made by Kind,seconded by Johnson,and passed by the Commission. Roepke abstained since he had not attended the meeting. ' CONSENT CALENDAR Miller clarified that a bus may be added to Incommute Route 54 as a result of the Golden Triangle employers transit study. MOTION: A motion to approve the consent calendar was made by Johnson, seconded by Kincannon,and passed by the Commission. PARK AND RIDE LOT PLANNING STUDY Fred Hoisington of Hoisington Group Inc. discussed park and ride lot site and hub site selection ' criteria. The Commission concurred with the weighting which included such criteria as accessibility, express-route proximity, acquisition/development costs, and ownership as among the most critical. I I The LRT route may follow existing railroad right of way (the least expensive plan) which may not necessarily coincide with either development or employment concentration. The route will determine LRT station sites and may include north of Valley View Road, north of I highway 5, or County Road 4/future Highway 212. SMTC service might feed to LRT station(s). Hoisington recommends that the Commission take the position of establishing criteria for examining LRT in the Southwest corridor. Jim Lasher of LSA Design reviewed existing express routes, their ridership, and park and ride lots. A rider origin survey may be necessary to determine who uses the park and ride lots. Lasher and Hoisington are identifying and evaluating available property located within one-half mile of highways, particularly 5 and the future 212. They expressed concern that the Draft Environmental impact Statement for Highway 212 does not include provision for high-occupancy vehicle (HOV) lanes. Lasher, Hoisington, and Miller wii(,present this study to staff of the three cities *ring May and to the Planning Commissions and Councils at later dates. 1989 AUDIT PROPOSAL Miller noted that the audit will be conducted for about the same cost as the 1987/88 audit and 1 that an audit will be performed annually. MOTION: A motion to accept the audit proposal submitted by Fox, McCue &Company was made by Kincannon,seconded by Johnson,and passed by the Commission. TRANSIT ADMINISTRATOR POSITION Roepke and Kincannon reported on their survey of similar metro-area positions to assess the market and assure that SMTC is creating a fair plan. Kincannon has met with Miller to review her performance based on evaluation reports submitted by the Commission. The Commission may wish the City of Eden Prairie to review the position's salary guidelines. MOTION: A motion to adopt this report as SMTC's salary schedule and range for the Transit Administrator position and to increase Miller's salary by 7% retroactive to January 1, 1990 was made by Kincannon,seconded by Kind,and passed by the Commission. FOR YOUR INFORMATION MATERIALS Miller reported no progress on the resolution of the dispute with Medicine Lake Lines. The Commission noted the importance of auditing providers by their contracting agency. Using property taxes to fund transit makes SMTC vulnerable should transit's portion of the taxes ever be reduced. OTHER BUSINESS The Commission meeting schedule for May and June was reviewed. The May 24th meeting has been rescheduled for May 17. A meeting start time of 7:00pm was proposed and will be discussed at the May 17th meeting. Miller reported that Bentley has expressed concern about being able to fulfill his meeting obligations (SMTC By-laws call for the replacement of a member after three consecutive meeting absences or six absences in a twelve-month period). A suggested rerouting of Route 53J in downtown Chanhassen wii be reviewed by the MTC. page 2 • I • AD,10lNINMENf MOTION: A motion to adjourn the meeting at 8:55pm was made by Johnson, seconded by Kind, ' and passed by the Commission. The meeting was adjourned. Respectfully Submitted, atiajtA; kZe/Waglit_-• • Catherine Benson ' Recording Secretary 1 I I 1 1 - page 3 1 I t . -mg e -— --ii,2 2g7- . CARVER SOIL AND WATER CONSERVATION DISTRICT 219 EAST FRONTAGE ROAD 4JACONIA, MN. 55387 TELEPHONE 442-5101 . FAX 442-5102 arc. 79 l IIJune 6, 1990 1 Gary Warren City of Chanhassen Engineer - 690 Coulter St. - Chanhassen, Mn. 55317 Dear Mr. Warren, II inspected the rock lined waterway project which runs . - from Frontier Trail to Lotus Lake. IIThe major ongoing problem is and always will be large broadleaved weeds and trees growing up in the channel and II side slopes. v I would recommend checking with the D.N. R. (Department 51101 of Natural Resouces) .for a contact herbicide which would be f. Isafe and .allowed for use in this type area. The only other • way to control these plants is to hand cut them off as close 1� to the rocks as possible. Al r I This will be our last mandatory inspection of the 640,1W6.. project. I feel that this has been a tremendous soil saver over the years and has reduced the soil sediment load into II Lotus Lake. In the future feel free to call us for whatever soil erosion problems you may have. Remember we can never illo to a project if we are never asked. II 1 ap.Q. 1(94.4......,--- Paul Neumann . IIDist. Tech. CITY OF CHANHASSEN 1 JUN 07 1990 I ENGINEERING DEPT. I ciTy o ZHANHASSEN • - x --4i , =N 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 1612)937-1900•FAX(612)937-5739 June 11, 1990 Chanhassen Medical Arts Limited Partnership Attn: Mr. Robert Copeland ' • 470 West 78th Street P.O. Box 250 Chanhassen, MN 55317 ' Re: Public Improvements at 470 West 78th Street Dear Mr. Copeland: I am in receipt of your letter`- oJune 4, 1990 and will forward such to the City Council/Housing and Redevelopment Authority. Pursuant to the verbal agreement which was reached between the Housing and Redevelopment Authority,BBernie Hanson and you, I have met with the City Attorney's office to redraft the development agreements with both Mr. Manson and the Medical Arts Limited Partnership. It was the attorney's position that the development agreement with Mr. Hanson did not require modification, but that a letter to him stating the intent of the,,Housing and Redevelopment Authority was warranted. Attached please find a copy of the letter as was sent to Mr. Manson. Hopefully, the dates shown in that letter correspond with the agreements reached between the property owners and subsequently adopted by the Housing and Redevelopment Authority on-*lay.37.,�99D.m -: ~===-.� :.��.-•. _ The City Attorney did state that the agreement 'betweenthe Housing and Redevelopment ,Authority and the Medicals Limited Partnership should be modified to reflect.,the`Same dates shown in ' the Bernie Hanson letter. ` I"would(essume-=a"'draft of that document will be completed shortly and orwarded to you for review/ signature. I am also attaching`4a opy of the verbatim minutes from ' the last HRA meeting. I do not 'kind in those minutes a reference to modifying the agreement between the Medical Arts Limited Partnership and the HRA regarding potential extensions to Phase II ' deadlines as a result of the other contract modifications. I would ask that you contact Roger Knutson (456-9539) to alert him as to which sections you feel need amendment and the suggested wordage. 1 1 Mr. Robert Copeland June 11, 1990 Page 2 11 I would like to again thank you for your cooperation and support. The agreements reached between the Partnership/Mr. Hanson/HRA were IInecessary to ensure that Shafer could get into the project area and complete the construction that is so desperately needed by you and your tenants. By the time that you have received this letter, the I following will have occurred or will be in the final process of completion: ' Replacement storage facilities for Mr. Hanson complete and operational; I - Modification to fencing including the new fence on the north side of Mr. Hanson's building; - Demolition of the Modeen/Hendrickson building; and I - Parking lot improvements nearing completion. IThank you again for your cooperation. Sincerely, I /e2 ait.,...5:0 , I Don Ashworth City Manager DA:k I cc: Mayor and City Council Housing and Redevelopment Authority I Bernie Hanson Roger Knutson IEnclosures: Letter of Intent Regarding Hanson Lease Housing and Redevelopment Authority Minutes, May 17, 1990 I - 1 I - =CAMPBELL, KNUTSON, SCOTT &FUCHS, P.A. Attorneys at Law - • Thomas J.Campbell i - - - _ ,P - Roger N.Knutson - (612)456-9539 Thomas M.Scott • Facsimile(612)456.9542 - Gary G.Fuchs - James R.Vi.,lst Elliott B.Knetsch • _ Dennis J.linger June 4, 1990 1 - . _-- Mr. Bernard Hanson - II Mrs. Mary Ann Hanson 480 West 78th Street Chanhassen, ,Minnesota 55317 - - RE: Lease Agreement with the Chanhassen BRA Dear- Mr. _and Mrs. Hanson: ' I am legal counsel for the Chanhassen HRA. The term of your lease with the HRA terminates on September 1 , 1990. Paragraph 4(i) of II the lease provides that you may hold over from month to month after the expiration of the lease term with the HRA's consent. If you do hold over, all the lease provisions apply. IWithout amending the lease and without making any commitments, the HRA presently intends to allow you to hold over subject to the following: 1 . On or before August 15, 1990, the following must occur: Market Square must receive construction financing and proof thereof II supplied to the HRA, Market Square must have obtained a building permit from the City and must have commenced construction. If this has been accomplished, the HRA intends to allow your tenancy to I continue through December 31 , 1990. If this has not been accomplished you must vacate the leased premises on -or before midnight September 1 , 1990. II 2. If on or before December 15, 1990, ninety percent (90%) of the construction of Market Square has been completed the HRA intends to allow your tenancy to continue through March 15, 1991 . If this has li not been accomplished, you must vacate the leased premises on or before midnight December 31 , 1990. - very truly yours, CAMPBELL,- KNUTSON, SCOTT • - - - - E FUCHS, .P.A. BY: • . - -Roger N. Knutson I RNK:srn . cc: Don Ashworth I . - Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I - Housing and Redevelopment Authority Meeting May 17, 1990 - Page 27 • 11 never be paid. We will not have to pay that note. So in other words, the credits we receive for energy within the downtown associated with the new II facilities will be sufficient to pay off that full 1106,000.00 payment that they had originally wanted to see us pay. REQUEST FROM THE CHANHASSEN GARDEN ASSOCIATION FOR FINANCIAL ASSISTANCE. Gerhardt: Basically, I said through the efforts of Mayor Don,Chmiel , I guess I didn't Give credit to enough.people. There have been a variety of ' people that have been interested in seeing something, flower garden in the downtown. Flowers planted throughout the downtown and all the Chanhassen council members and Jim and Charlie, I think Clark has mentioned it to me too, that they wanted to see some type of plantings, flowers, colors in the downtown area . So I. did take an ad out or ask the newspapers to run a presentation through their paper and request for volunteers to participate in a garden association. Attached is a list of those individuals who have volunteered. I 've seen people, businessmen and residents in Chanhassen who would like to give it a shot in starting a Garden Association. The problem that we run into of course is when you have volunteers you don't have any money and to plant flowers it costs money and the soils .that are down in the median. . .rocks and clays and some topsoil and those areas that I 've highlighted on here need new topsoil . To fund that we are asking the HRA to up front us the money in that we would solicit the downtown businessmen for donations to go towards this association in beautifying and providing color in the downtown. However , one change in this .would be that and Charlie's not aware of this, I've talked to Dale Gregory and Charlie , the maintenance men for downtown, and they've suggested that we stay out of the median tips -just due to the traffic. They just have real concerns . I 've had verbal talks or communication with our insurance company and they're ' advising us not to do that. . . (There was a tape change at this point. , No action was taken on the above item. ) DISCUSSION REGARDING DEMOLITION OF THE MODEEN/HENDRICKSON FACILITY AND CONSIDERING ACQUISITION OF THE CORNER OUTLOT IN THE MARKET SQUARE DEVELOPMENT CONTINUED. - Horn: Did you appoint a spokesperson? Why don't you, tell us what happened Bernie? This_ is like bridge Bernie. If you're keeping score, you get to give your interpretation. Rick Haefele: I don't know if we need to make a drawing. I think we can outline it. Bernie has agreed, there are some companies that rent temporary storage. They're metal storage buildings approximately the size of these things that you see on railroad cars for carrying containerized storage like a semi but it doesn't sit- on wheels and stuff. It's a free standing box . We need two of those with a truss roof over the top of it which would be just a temporary roof, temporary structure. The comments ' seemed to be that this could be put up at a nominal amount. Some of the benefits that's there can be used to cover it. Gary Cooper 's also agreed to donate some fence for the use of putting this in so it should be a pretty minimal cost and that can be, someone I 'm not familiar with, maybe I 1 Housing and Redevelopment Authority Meeting - May 17, -1990 - Page 28 you are, a fellow named Smith. Is that correct? - Clayton Johnson: Well we suggested that the -contractor might be able to do this, Al Smith just because he's kind of a jack of all trades. -41e works in the area and probably can get it done fairly 4quickly. - _. .11 - Rick Haefele: It's just a matter of leveling off some gravel . Setting two of these things in. Putting up some fence and putting a temporary roof ` over the top so you don't have to worry about snow loads on it. That fence II would be immediately west of his on .the northwest corner of his existing stockade which would premit the removal of the entire Modeen/Hendrickson building as soon as this was up. 6)e guessed it would take outside of 2 weeks 'to get it up. Bernie needs 7 working days to move, -he needs a week to move. That would get him out of there presumably in less than month. The building could then come down. All the rest of the construction would go ahead. They were comfortable, Medical Arts people were comfortable with II a March 15th date on the other . Removing the other structure contingent on the purchase of the outlots and permit that project to-go ahead. We talked about Market Square to some extent and I guess we feel comfortable that II that's the last piece . The rest of them are kind -of mechanical , administrative sorts of things that will be worked out in due course . There's no other difficulty. They don't anticipate a jump in the interest II rate of 1 1/2 or 2% in a matter of 6 to 8 weeks and Amcon, I guess everybody's committed enough that they feel that things will go ahead and that the August , I guess the August 1st date that we talked about was okay. I 'm not sure where August 5th came in but at least by August 1st they would have a commitment and they would know that that's the date that you could - place in the arrangement with perhaps a 5 day delay or something like that if there were some last minute detail that needs to be worked but they're 1 comfortable that they can go ahead with that. That seems to be the last piece of the puzzle. There doesn't seem to be any other pieces. Apparently the leases that are there now and the people who don't have I - leases because- of the time riding on them, have agreed to extend their arrangements long enough to keep that commitment in place. So if I 'm wrong on my dates. IClayton Johnson: Bob had one other contingency. - Bob Copeland: .I guess we don't call it ai compromise. We call it like what II else can we get? I mean we're not going to get our parking lot by June 1st as promised and they're not going to be gone by August 1st as promised so I guess we just say okay, those dates are going to come and go so we don't feel we have a lot of choice in the matter but our number one priority Iwould be to get that Modeen/Hendrickson building down and this would accomplish that. We expect then that the City would get their contractor onto the site to get started and work where he can work. In other words, Ithere is a good part of the site in front of our building that work can go on and we could get some pavement down for at least our anchor tenant, the clinic there . The other thing, I know that you people don't have anything I to do with it but ! 'm tacking on there that we have a request for approval for some signage on our building in front of the City Council right now and it's within the ordinances and we expect that to be approved. 1 _ - 1 1 i 1 Housing and Redevelopment Authority Meeting Play 17, 1990 - Page 29 Horn: You're right, that's not a part of our . Bob Copeland: I -know. Robbins: Todd, is there any reason why Schafer cannot be there fairly quickly and start doing what Mr. Copeland was asking for? Gerhardt: As Don stated earlier, Schafer is ready to come into the community. All -they wanted to do is to -know what is going to happen with I the Modeen/Hendrickson building. Is it going to stay? Is it going to go? Once they know that they can establish their schedule and they can know what areas they can work in and what areas are going to be curbed and what areas aren't . They do not want to come into the community twice. .Robbins: No, but it sounds then like the Modeen building will be going down . It sounds like it's going to be 2 1/2 weeks of getting that temporary building in place and doing some moving so is that saying then it can start then? Gerhardt: Yes . Horn: So I guess what we need to do is to form a concept motion that would include acquiring the two outlots. Gerhardt: There's one question that hasn't been answered is who pays for the two storage containers, the construction of the roof section and that area? The fence around it . Clayton Johnson: We saw that in light of it within your budget that you already proposed for a temporary storage . • Horn: $3,000.00? II Clayton Johnson: Whatever that is. I don't know. We think that that's doable. That that structure will be in place from now until March. Horn: I 'd suggest that we put a cap to contribute to that. Robbins: Cap of $5,000.00. II Horn: 5 or 3? Robbins: $5,000.00. Well , what's it cost? - . IIHorn: We don't know. We can commit to that level . IRobbins: I think we had committed $5,000.00. . Jeff Hanson: If I can point out something here so you're all aware of what has to take place. When the Modeen/Hendrickson building goes, that will . Ibe a chainlinked fence all the way across the north side plus we've got to have a chainlink around the perimeter of these trailer's for security of these trailer container units because you can take a can opener and open I I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 Housing and Redevelopment authority Meeting May 17, 1990 - Page 30 ill - them up and get access into it. -We also have with a chainlink fence across f the back side, there has to be a gate here. This piece of fence that would be our existing fence would just disappear. Me thought we could just take and put that up here. . .so we have access through here. . . 11 (Everyone was talking at the same time at this point. ) . Horn: Part of that motion then would be to say contributing factors from the City for the temporary storage in the amount of *5,000.00. ilRobbins: I would say that amount, #5,000.00. II Horn: I assume we would have to get this agreement reviewed by our legal group"' Ashworth: We have an agreement with Bernie. We have an agreement with the ' Medical . I would propose that we modify each of those two and similar to the past, each of the parties initial that modification. IIHorn: Cloy, I would accept a motion to the concept we've described . Robbins: So moved. _ • IBohn: Second . I - Workman: How is the outlot question plugged into this? Horn: The outlot question is we'll know August 1st. IIRobbins: That 's the August 1st date. Horn: We 're committing to get everything in place by August 1st . IAshworth: You're authorizing staff to prepare basically the purchase agreements that would take and include the March 1st or 15th date. IIHorn: Do you have all the details Todd? Robbins moved, Bohn seconded that the Housing and Redevelopment Authority II direct the City staff to modify the agreements with Bernie Hanson and the Medical Arts partnership to include the dates of August lst and March 15th as deadlines and the HRA will agree to pay up to *5,000.00 for the II temporary storage unit for Bernie Hanson as replacement for the demolition of the Modeen/Hendrickson building. All voted in favor and the motion carried. - II workman moved, Robbins seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned. II Submitted by Don Ashworth Executive Director IIPrepared by Nann Opheim -- ` --CHANHASSEN 'MED I CAL "ART LIMITED PARTNERSHIP - P.D. "Sox 250 470 West 78th Street Chanhassen, MN 55317 June 4, 1990 City Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: Public improvements at 470 West 78th Street Dear Mr. Ashworth: - ' This is to notify you that the City of Chanhassen is in default under the requirements of our Public Improvement Agreement. Section 6. 1. (g) defines an Event of Default as failure by the City to complete the parking improvements under the terms outlined in the Agreement. Section 5. 1. requires the City to complete the bituminous paving and ' other improvements by June 1, 1990. On June 1, 1990, some curb and gutter was in place but no bituminous paving, sidewalks, lighting or landscaping were ' in place. This is causing a hardship for our existing tenants in that dirt is continually tracked into their new spaces and they feel they are losing business because of the ' difficulty in getting to their places of business. We also feel that we may be losing prospective tenants because it is such a mess around the building. ' It is now apparent the the City will not provide paved vehicular access from W. 78th Street to the Phase I Property over the Chanhassen Lawn and Sports site by August 1, 1990 ' as required by Section 3.2. of our Agreement. This will cause further hardship to us. Since we are unable to do any meaningful planning connected with the Phase II Property, we will require an extension of the related deadlines. Sincerely yours, "1 Robert R. Copeland General Partner JUN 0 61993 ITX OF CHANHASSEN . _..., a, .__ t- J. ' W„...: _.,"- fel - 111ANHASSEN . ii -' k" k..---- _. '�= - - -690 COULTER DRIVE•P.O.BOX 147 a CHANHASSEN,MINNESOTA 55317 1 - - - ,- -�c4812)937-1900•FAX(612)937-5739 - June 18, 1990 = I _ Mr. Evan Green, Project Manager 4- - " " = : - I MnDOT Metro District 2055 North Lilac Drive ,_ . _ Golden Valley, MN 55422 - _ IDear Mr. Green: - - P _ II have had an opportunity to review the draft Environmental Impact Statement for Highway 212 and have the following comments. I would appreciate your reviewing these comments and working to ensure that they are adequately addressed in the;-final EIS document. - 1. Page 14 of the Summary, t g ry, under subheading "Unresolved Issues", I wanted to note that Chanhassen does strongly support the I completion of Hwy. 212 = s a four lane highway throughout the community plus the inclusion of interchanges at both Highway 101, which is currently located inside the MUSA area, and at I . County Road 17. The City has grown much faster then the Metropolitan•Councll had anticipated and is currently in the' process of undergoing a Comprehensive Plan Amendment to significantly enlarge the MUSA line.- Chanhassen is also in I quite an unusual situation whereby theEouthern portion of the City is `essentially a-doUghnutlhole n the larger MUSA line since we are suprounded by-u baniization.on.all,,..four sides. We I believe,that the construction f of -the highway `and these two interchanges is Imperative to serve local and_through traffic demands as well-Ms in the community=-that is being projected by a current"plannin `efforts.""In no way, shape or I . form do we believe that it woul - promote premature development within the City as had been ndicated as a potential impact by the Metropolitan Council. :,• . 2. Page 2. In the discussion of project :history, there are I series of transportation studies that are enumerated. It may be useful to include a statement in the report describing the Eastern Carver County Transportation Study that is currently ; r e t. = _ Mr. Evan Green _ ;� June 18, -1990 - _ Page 2 e = t — being completed by several communities and Carver County. I Findings of the study have concluded that traffic levels on ' area roads will be substantially higher then had previously been anticipated based upon growth trends in these communities. The report also provides additional basis for construction of Hwy. 212 due to its findings. I3. Page 15 under the Economics Section, A. Business and Employment. We would note that the statement that the T.H. I Y 212 Study Area contains a variety of businesses situated in. office industrial parks, collectively having 5,000 employees in all likelihood significantly under represents the amount of employment found in this area. All of the _employment I concentrations in Chanhassen are listed on the accompanying map and we note that employment survey conducted last year in the City indicated that we had approximately 5,000 jobs in I this community alone. Some other shortfalls are as I believe, found in employment illustrated for Chaska and Eden Prairie. The DEIS is significantly under reporting actual development on the ground. I 4. Page 23, /2. Chanhassen. I wanted to thank MnDOT for I inserting language in the text regarding the City of Chanhassen's on-going Comprehensive Plan Amendment. As you may recall, this had been a comment on my earlier review of Ithe EIS. 5. Page 57, Transit Service. The EIS gives a description of I Southwest Metro Transit operations that I. believe somewhat under-represents ridership. Ridership has grown tremendously fast on this service and it is imperative that you use as I current information as possible. You may wish to contact Beverly Miller who is the executive in charge of the operation directly. I also would like the inclusion of the fact that the Southwest Metro operates a series of Park and Ride I Facilities throughout the corridor which are very well utilized. The locations of these facilities should be shown on your mapping. I 6. Page 59, Status of Transportation Planning Activities. I Southwest Metro should be given an opportunity to enumerate their programmed and planned future routings and locations of Park and Ride facilities as well as any other -ongoing programs. As a general comment, I think that the EIS has I unfortunately not effectively considered TDM measures in any significant way and has significantly undervalued the utility • and effectiveness of programs such as Southwest Metro. We are I again asking that the need for park and ride facilities with highway construction be recognized and that these facilities be located in interchange areas where appropriate. : .Mr. Evan Green June 18, 1990 Page 3 The City of Chanhassen continues to strongly support the completion of the EIS process of Highway 212 and it's ultimate construction. We will continue to work with you diligently in pursuing this goal. Thank you for this opportunity to provide comment on the EIS. Sincerely, Paul Krauss, AICP Director of Planning PK:v ' cc: .city Council Gary Warren Beverly Miller, Southwest Metro Transit 1 1 - .1 I CITY OF Alsc- --CHANHASSEN 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612)937-1900• FAX(612) 937-5739 ' June 6, 1990 I . Mr. Steve Keefe, Chair Metropolitan Council ' Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Dear Chairman Keefe: I want to take this opportunity to thank you and your staff for organizing the May 30th meeting in Shakopee on Non-point Source Pollution and the Minnesota River. This is an issue of growing concern at the local level as well and we believe that leadership ' by the Metropolitan Council, DNR, PCA and potentially, the State Legislature is the only means by which an effective, coordinated approach to dealing with the issue can be developed. If any task forces or work groups are going to be assembled on this matter, please be aware that the City of Chanhassen is willing to actively participate. . I In representing the City of Chanhassen, I do have several concerns that I would like to have addressed. The first is a technical question. We do not question the accuracy of the data regarding ' water quality in the Minnesota River. However, Council staff has repeatedly linked non-point source pollution with urbanization. If this factor plays such a significant role, I am baffled as to why similar non-point source pollution problems are not found in the ' Mississippi since that river has considerably more urbanized runoff then the Minnesota. The major difference with land uses along the two rivers appears to be the much large amount of agricultural uses ' in the drainage basin of the Minnesota. We would hope that any studies being undertaken could clarify this issue. ' Our remaining concerns deal with the equity issue that was raised at the meeting. While Chanhassen is certainly going to be willing to undertake our fair share of the effort we too are concerned that all upstream non-point sources are addressed, including those ' outside the seven county area. The discussion of this topic at the meeting heightened this concern. 1 _ _ _ _ Mr. Steve Keefe, Chair - - - June 6, 1990 Page 2 In a related issue, we are concerned that there be equity within the metro area. Chanhassen has always attempted to develop in an environmentally sensitive manner. We were one of the first communities to adopt stringent wetland protective measures. We . have established excellent working relationships with the Watershed Districts, Minnesota Department of Natural Resources, and U. S. ' Fish and Wildlife Service. Virtually every development proposed has been forwarded to them and their comments have been established as conditions for more than ten (10) years. We are also in the ' process of updating our Comprehensive Plan. The current draft of the plan outlines numerous environmental work efforts including a focus on storm water management, water quality and improvements to our wetland protection ordinances. We are presently investigating ' the potential of adopting a storm water utility district to fund these activities. I mention these items to help establish the fact that the Chanhassen City Council has and will contfllue to support reasonable efforts to improve water quality. However, we are concerned that efforts in this direction are not used to stop or slow development in the community. Restricting land uses in the developing area is not considered to be an acceptable tool for addressing the problems of upstream agricultural uses or those that stem from more ' developed areas downstream that may have been developed without the same sensitivity that our community ,is exhibiting. , ' We look forward to working with your staff on this matter in the future. I am certain that a coordinated effort can be effectively developed to the benefit of our river and surface water. Sincerely, (:21‘ lG ' Paul Krauss, AICP Director of Planning ' PK:v cc: City Council ' Planning Commission Marcy Waritz, Metro Council Dirk Devries, Metro Council Gloria Veerling, MWCC 4-curLi.n a 5-ta. CITY 0F i 4 ..c2ANRAssEN 7 I „ ,,.„ . .t„. )0f._1„-. _ Af 690 COULTER DRIVE• P.O.BOX 147 a CHANHASSEN, MINNESOTA 55317 (612)937-1900• FAX(612)937-5739 IMEMORANDUM TO: City Council IFROM: Paul Krauss, Planning Directory DATE: June 18, 1990 C� 1 SUBJ: Metropolitan Council Review of Draft Environmental Impact Statement for Highway 212 I I attended the June 14th meeting of the Metropolitan Council to sit I in on their final action on the Harvey and O'Brien Guide •Plan Amendment. As the City Council may recall, this guide plan amendment was design to bring in approximately 10 acres into the MUSA line adjacent to the north side of Lake Lucy Road so that an I interim emergency extension of the sanitary sewer can be provided to two parcels that are having failing on-site septic systems. The Metropolitan Council voted to approve final adoption of this guide Iplan amendment. While attending the meeting, however, I noticed that the Council 1 was slated to act on the draft Environmental Impact Study for Hwy. 212. Noting this to be the case, I stayed at the meeting to hear the deliberations on this matter. While waiting, I reviewed the staff report and was quite astonished to find out that was a I potential for a major problem with the Council 's review of this document. The Systems Committee, in their review of the staff recommendations, had -decided ;mat they -would come down much I stronger on portions of :Hwy.. _:212 that .are ,located outside of the present MUSA line. It was the Committee's position that the highway should -not be built to a four lane standard in areas outside of the MUSA line such as exists in southern Chanhassen. It Iwas further their position *hat ° O 'interchanges should be constructed in this area to prevent promoting premature development. Their last concern had to do with the conversion of I lands currently listed in agricultural preserves for highway use. The Committee report was much stronger on these items then had been original the original staff recommendation which essentially would Ihave left the DEIS reasonably close to its current draft. I think it would be in order to give a special word of thanks to Marcy Waritz, Chanhassen's representative on the Metropolitan I 1 City Council June 18, 1990 Page 2 ' Council for her actions on behalf of the City. She was apparently able to out maneuver opponents and get sufficient votes to approve the draft EIS with the original staff conditions. She ably provided the Council information pertaining to the activities currently going on in the City of Chanhassen with regards to the ' Comprehensive Plan Amendment and with regards to the status of three forms in question. Staff had not been previously made aware that the Metropolitan Council Systems Committee had a problem with the EAW but we believe that without Marcy's assistance, a considerable stumbling block to the timely construction of Hwy. 212 may have occurred. cc: Marcy Waritz i 1 1 1 1 1 1 1 1 1 Metropolitan Council Meeting of June 14, 1990 Business Item: C-1 METROPOLITAN COUNCIL ' :Mears Park Centre, 230 East Fifth St., St. Paul,Minnesota 55101 REPORT OF THE METROPOLITAN SYSTEMS COMMITTEE DATE: June 8, 1990 TO: Metropolitan Council SUBJECT: TH 212 DEIS BACKGROUND At its June 5, 1990 meeting the Committee reviewed staff findings on the TH 212 Draft EIS. TH C 212 is proposed to be reconstructed and relocated as a four-lane freeway between I-494 to Carver s CR 147 and as a four-lane expressway between CR 147 and Cologne. ISSUES AND CONCERNS S ' T The Committee was concerned that the four-lane freeway outside the MUSA would promote E premature development; that the highway would acquire land protected under the Agricultural IA Preserves Act, and that interchanges should not be constructed outside the MUSA S RECOMMENDATIONS ' That the staff report and the amended findings shown below be transmitted to Mn/DOT as the Council's comments on the TH 212 DEIS and that the concerns raised by the findings be addressed in the Final EIS. ' 1. Due to the irregular MUSA boundary in this area,portions of the TH 212 Corridor alignment are outside the MUSA in the western portion of Eden Prairie, the western part of Chanhassen, and from the western boundary of the City of Chaska. That part of the proposed grade separated four-lane freeway outside the MUSA is inconsistent with MDIF policy and will promote premature development. Those portions of the proposed freeway inside the MUSA are consistent with metropolitan policy. 2. The Council's Transportation Plan provides for the construction of TH 212 east of TH 41 to I-494 as a part of the year 2010 metropolitan highway system as a four-lane freeway for its entire length because of practical considerations regarding design continuity. 3. The section of TH 212 east of Chaska should be built as a four-lane freeway with interchanges located as shown in the DEIS assuming the land within the vicinity of the interchanges is within the MUSA at the time of construction. I 1 _ . _ _ i. _ t 4 4. :The policy plan does not designate TH 212 west of TH 41 as a priority for highway expenditure. Mn/DOT should preserve right-of-way for future road construction and consider phasing the roadway facility type—perhaps initially as a two or four-lane controlled access !II expressway. It is premature to schedule roadway construction west of TH 41 at this time. S. Techniques that manage the highway system and demand for the highway should be incorporated into the planning and design phases of TH 212. These techniques include -111 metering freeway entrance ramps,constructing freeway entrance ramps for exclusive use by ` high-occupancy vehicles and planning for park-and-ride lots. I6. Land protected under the Agricultural Preserves Act should not be acquired to construct the proposed TH 212 roadway. An alternative should be addressed in the DEIS that doe snot Irequire the acquisition of Agricultural Preserves land. 7. Construction of the TH 212 roadway will require coordinating the land use and transportation I activities of several local governments. As a part of this coordination,local governments will need to submit comprehensive plan amendments to the Metropolitan Council that show the roadway alignment and interchange locations and areas proposed to be included in the IMUSA. 8. The draft EIS does not completely evaluate the potential impacts of the alternative highway I alignments around Lake Riley on water quality. The potential impact of increased runoff from new intensive land uses around interchanges is not analyzed. Additional measures other than stormwater ponds to further reduce the cumulative effect of increased runoff volumes and phosphorous loadings to Lake Riley are not addressed. IRespectfully submitted, 1 Don Stein, Chair I I I . I • I . I � - Metropolitan Council . - Ii,{ears Park Centre, 230 East Fifth Street, St.Paul, MN 55101 Date: May 30, 1990 TO: Metropolitan Systems Committee FROM: Ann Braden (Transportation) -SUBJECT: TH 212 Draft Environmental Impact Statement Referral File No.13428-3. Districts 12,14. ' AUTHORITY TO REVIEW AND BACKGROUND The passage of the National Environmental Protection Act in 1970 established the requirement that an Environmental Impact Statement(EIS)be written for all major federally-funded projects,including highways. in 1971 the Federal Highway Administration issued guidelines for preparation of highway EIS's. Either an EIS or a negative declaration statement must be prepared on any major highway project which did not have FHWA location approval prior to February, 1971. The draft EIS must be circulated to federal, state, and local agencies with jurisdiction by law or special expertise with ' respect to any environmental impact involved, and these agencies must be given at least 45 days to return their comments. All submitted comments on the draft EIS must then be taken into account in the preparation of the final EIS. In accordance with these guidelines the Minnesota Department of Transportation (MnDOT) has submitted a DEIS for a new TH 212 to the Metropolitan Council for review and comment. A public 1 hearing will be held on June 6, 1990. The public hearing comment period closes on June 20, 1990. The Council, along with Hennepin and Carver Counties,the cities of Eden Prairie, Chanhassen and Chaska have participated in a joint powers agreement to prepare the TH 212 EIS. - ' In February, 1986 the Council reviewed the Study Outline and Scoping Document and asked Mn/DOT to identify the location of the proposed highway in relationship to the MUSA boundary, any Agricultural Preserves and any local comprehensive plans used to identify "proposed development". PROJECT DESCRIPTION The proposed project is the construction of an 18-mile,four-lane,divided highway from the I-494/TH 5 interchange in Eden Prairie to the existing TH 212 four-lane Cologne bypass. The highway would ' be built as a freeway on new alignment between Eden Prairie and Chaska Township and follow a southwesterly route through the cities of Chanhassen and Chaska. At the western end between Chaska Township and Cologne, the proposed highway would be constructed as a four-lane,divided expressway with at-grade intersections and would follow the existing TH 212 alignment in Dahlgren Township. Interchanges are proposed from east to west at Prairie Center Dr., Mitchell and Wallace Drives(half ' diamonds to and from the west), CSAH 4, Dell Road,TH 101, CSAH 17, TH 41, CR 10 and the existing TH 212. 1 1 1 • The project's estimated construction cost of the build alternatives varies between $103 and $113 million dollars,exclusive of right-of-way. The proposed highway would be staged over a time period dependent on funding availability,with the first stage(from I-494 to Hennepin CSAH 4)programmed for 1994. The project is needed to accommodate existing and projected traffic, i rove safety and improve accessibility. The Council's Transportation Policy Plan identifies the southwest TH 212 area as one of eight highly congested corridors in the metropolitan area. The anticipated growth in population, employment and traffic will outpace capacity improvements to TH 212 and TH 5. Without a new TH 212, by 2010,TH 5 will continue to be at capacity and operate at level of service F, even with the current upgrading and expansion from two lanes to four. Traffic will more than double and delays will increase in frequency and duration. Local streets and highways,especially Pioneer Trail will also be severely subjected to increased traffic. The segments along TH 212 and TH 5 have considerably higher accident rates than the statewide averages for similar roadway categories. These rates would be alleviated by construction of a new TH 212. Travel times during peak hours are estimated to increase substantially along the congested highways. ' It would take about 41%longer in 2010 to travel on existing TH 212 from downtown Chaska to I-494 than in 1988. Following the scoping process, five"build"alternatives and a"no-build"alternative were selected for further evaluation in the DEIS. The build alternatives are combinations of five corridor segments or options in the eastern portion of the Study Area and one in the western(see Figure 1). The five corridor options are: North Lake Riley (north of Lake Riley between Chaska and CSAH 4) ' - South Lake Riley (south of Lake Riley between Chaska and CSAH 4) - Mitchell lake(along TH 5 and west of Mitchell Lake where it ties into the North Lake Riley Alternative. - Residential (along TH 5 and east of C&NW RR, between CSAH 4 and I-494/TH 5 interchange) - System D (south of TH 5 along west-southwest diagonal, between CSAH 4 and I-494/TH 5 interchange) Although no preferred alternative is identified in the DEIS, and all six alternatives were equally analyzed, the DEIS focuses on Alternative 2, (Western, North Lake Riley, Residential) which has ' been officially mapped throughout the communities in the corridor. Small right-of-way parcels in Eden Prairie and Chaska have been purchased within the Alternative 2 alignment with RALF monies. 2 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 DISCUSSION —T - _ Research and Long-Range Planning(Steve Schwanke) - - The Metropolitan Development and Investment Framework(MDIF)as revised in September, 1986 sets a general direction for future development patterns and establishes guidelines for making decisions about major regional facilities. Metropolitan highways, such as TH 212, are considered a part of the metropolitan system and receive the largest percentage of total regional dollars expended in any one year. A major strategy emphasized in the MDIF is to manage regional resources in a way that most ' efficiently serves a steadily growing and aging population. Meeting the service and facility needs of already developed areas is the MDIF's top investment priority. A second investment priority is given to facilities that are sized in accord with Council forecasts and that support staged and contiguous urban development. A Metropolitan Urban Service Area (MUSA) has been established by the Metropolitan Council to ' efficiently distribute public resources. It has been found that facilities and services needed to support urban development can be provided at less public cost if the land available for urban development at any one time is defined and limited in area. As a result,the Metropolitan Council plans for urban development and commits to providing sufficient regional facilities within the metropolitan urban service area. Regional facilities will generally not be provided, nor urban density development planned for, in the rural service area. MDIF geographic policy areas have also been developed to prioritize investment decisions. Facilities and services needed to support urban development are located within the Metropolitan Urban Service Area (MUSA). Regional facilities, such as highways and sewers, will generally not be provided in the rural service area. • The proposed TH 212 will be located in the developing area of the MUSA and in the commercial agricultural and general rural use areas of the rural service area.(See figure 2).The developing area is that part of the region currently experiencing the greatest amount of new urban development. Investments are made in regional facilities at the time, place and size needed'to support urban ' development at a level consistent with regional population and employment forecasts. Investment in the developing area,however,is superseded by reinvestment efforts in the"Metropolitan Centers", the "fully developed", and the "regional business concentration"policy areas. At the beginning of the DEIS process discussions were held between the consultant and MDIF staff to develop an approved set of 2010 socio-economic forecasts for the purpose of the TH 212 study. These forecasts were higher than those being used at the time for 2010 facility sizing. The primary areas of additional growth include segments of the rural area within Eden Prairie and Chanhassen, just outside the current MUSA boundary. In-fill in this transitional area would mean the proposed locations fall within the urban area. Since 1986,then,more urban type growth is expected for these areas. Design and actual construction of TH 212 should be aligned with the policies of the MDIF and the Transportation Plan. Those parts of the roadway located in the MUSA, for example, may be designed and constructed to serve planned urban activities. This may take the form of a standard four-lane road supported with interchange access. In this regard,the proposed project is consistent with the MDIF. TH 212 is proposed to be a grade separated four-lane divided highway in the urban area. 3 1 Those parts of the roadway, to be located outside the MUSA should be designed and constructed to conform with the Metropolitan Council's policies for the rural service area. In this part of the region the Council makes no commitment to provide regional services and facilities, such as four-lane freeways, to serve rural residential development. In the rural service area, TH 212 should be designed and constructed to serve rural transportation needs such as farm to market trips and connections to outstate cities. In so doing, access to TH 212 in the rural service area should be controlled by limiting the number of interchanges. If not needed to serve rural needs,consideration should be given to-reducing the mainline from four-lanes to two. A considerable part of the urban designed TH 212 is located in the rural service area.(primarily west of Chaska,but also a small area between Chanhassen and Eden Prairie and Chanhassen and Chaska's eastern border.) Technically,interchanges located at Dell Road,TH 101,TH 17,CR 10 and existing 212 may be of a frequency and design inappropriate for the rural service area. In this regard the proposed project is not consistent with the MDIF. An explanation should be included in the FEIS as to why TH 212 is proposed to be a grade separated four-lane divided highway in the rural service area and why so many interchanges are proposed for the rural service area. ' Depending on the alternative selected, farm land taken for purposes of constructing the roadway range from 4,495 to 510 acres. Of particular importance is the number of commercial agricultural acres taken, which would be 98 or 58 acres depending upon the alternative. ' The commercial agricultural area includes those lands certified by local governments as eligible for agricultural preserves under the 1980 Metropolitan Agricultural Preserves Act. Under the Act, housing density is limited to one unit per 40 acres. In exchange for a legal commitment to continue farming for at least eight years the landowner is protected from urban assessments,property taxes at development value and conflicting urban land uses. Metropolitan Council policy recognizes two levels of protection in the commercial agricultural area. Primary protection is land covenanted in agriculture preserves. Urban facilities are to be prohibited in this area unless there is documentation that no other location in the metropolitan area can ' adequately meet the siting criteria. Secondary protection is land certified but not in agricultural preserves. This area receives a level of protection secondary to agricultural preserves. Urban facilities are not to be located in this area unless there is strong evidence that a proposed urban use cannot be located in the general rural use area. All other things being equal, urban facilities, including roadways, are not to infringe on land protected by the agricultural preserves program. An explanation should be included in the Final EIS as to why it is necessary to acquire protected agricultural lands for construction of TH 212, and which alternative will have the least impact on these protected lands. ' Construction of the TH 212 roadway will require coordinating the land use and transportation activities of several local governments. This point is demonstrated by the fact that the DEIS has been prepared as a joint effort by local,regional and state agencies. Coordination of project construction, ' however, does not appear to be addressed in the DEIS. Consideration should be given to coordinating the design and construction of TH 212 with other area roadway projects. It should also be stated in the DEIS that all local governments in the TH 212 corridor need to submit comprehensive plan amendments that reflect the new roadway corridor. These amendments are to be submitted to the Metropolitan Council in response to the 1988 Metropolitan System Statements. 1 1 4 i k _ _ _ Natural Resources (Carl Schenk) - Water Resources The draft EIS includes an evaluation of the potential impact of two alternative highway alignments around Lake Riley. One alignment passes north or upstream of the lake, and the second passes south or generally downstream from the lake. Lake Riley has been designated by the Council as a 1 "priority" lake due to its multiple recreational values. Furthermore, the Riley Purgatory Creek Watershed District, MPCA and EPA have proposed a restoration project to improve the water quality in the lake. In the past several years the Council has evaluated several environmental reviews or amendments for developments in the watershed which drains to Lake Riley. In each instance the Council concluded ' that the increased runoff from these developments and the lack of adequate mitigation measures would result in increased runoff to the lake and further degradation of water quality. Each project would result in increased loadings of phosphorous delivered to the lake. A previous Council study ' of the lake in 1982 indicated that the lake is sensitive to phosphorous pollution which is the principal factor in limiting algal growth. The Council also indicated its concern regarding the cumulative impact of these developments on the lake. ' The draft TH212 EIS evaluates the increased phosphorous concentrations in the lake (average summer total concentrations) because of runoff from the north and south alignments. Most of the ' runoff from the south segment would drain to the creek below the lake and increase the average phosphorous concentration in the lake by one percent. Runoff from the north alignment would result in a 4 percent increase. The conclusion is that both increases would have a negligible impact ' on the lake. The draft EIS does not evaluate the water quality impacts of land use changes which would result from the development of the highway specifically those around proposed interchanges. Three ' interchanges are proposed along the north alternative upstream of Lake Riley and one along the south alignment. Because of the increased value of these locations,intensive commercial, industrial and residential uses could develop at these locations. These uses typically produce higher runoff volumes and pollutant loadings due to the larger impervious surfaces for parking and roadways. Although the draft EIS concludes that the impact of increased phosphorous concentrations would be negligible, the evaluation does not take into consideration the cumulative impact of the highway runoff and that of the other proposed developments upstream from the lake. The cumulative impact on the lake would be significant. Because of this it would be reasonable to expect that special or additional measures would be taken to protect the lake from highway related runoff. The draft EIS assumes that stormwater ponds constructed as part of the project will reduce the volume of runoff and phosphorous loadings to the lake. No other mitigating measures to protect the lake are proposed. The impact and feasibility of other measures to reduce these volumes such as diverting ' the runoff from the highway around the lake could be considered and evaluated in the final EIS. The final EIS should include an assessment of the impact of runoff from interchange related land use ' changes on Lake Riley water quality and the effect of additional mitigation measures to further reduce the volume of runoff and phosphorous loadings reaching the lake. 1 I S , r , r . Transportation (Ann Braden) o Facility design 1 The Metropolitan Council's 1988 Transportation Development Guide/Policy Plan, supports the philosophy of the MDIF. The Transportation Plan describes the direction the Metropolitan Council I believes metropolitan transportation investments should take between 1988 and the year 2010. It contains transportation policies and plans that support the MDIF's priorities for optimizing the use i of existing regional facilities and services,and guidelines for evaluating potential funding sources for I the region's transportation system. A three-prong approach has been adopted to guide the expenditure of regional highway dollars: 1. manage present and future facilities; 2.manage demand; and 3. add facilities that will provide more capacity but in a manner consistent with the needs to Imanage the system and demand. Construction of TH 212 as a 4-lane freeway from TH 41 in Chaska east to 1-494 is a recommended I action of the Transportation Plan. Because of the extremely irregular configuration of the MUSA, the highway alignment lies outside the urban area in the western portion of Eden Prairie,returns to the MUSA through portions of Chanhassen, transects a rural area in western Chanhassen, crosses I the freestanding growth center of Chaska (considered urban) and enters the rural area again at Chaska's western boundary. The policy plan does not include that section of TH 212 west of TH 41 to the Cologne Bypass as a Ipriority for highway expenditure over the next 20 years. Policy 11,strategy D of the Transportation Policy Plan addresses metropolitan highways in the general rural use. These highways should be planned,designed and operated to emphasize safety,transporting products to market and delivering I goods and services to the rural communities rather than serving commuter trips. The policy plan also suggests MnDOT set priorities for metropolitan highway system outside the urban area based on four criteria: Safety or incidence of accidents;use of facility for goods movements and commerce;off-peak Icapacity and, local rural use. Since 2010 traffic volumes west of TH 41 range from 18,000 to 11,300,phasing of roadway facility I type--perhaps initially as a two or four-lane controlled access expressway should be considered. In the meantime, MnDOT should preserve right-of-way for future road construction. It is premature to schedule roadway construction west of TH 41 at this time. Io Interchange Locations I An"unresolved issue"identified in the DEIS is the number and location of interchanges that impact the(designated)rural areas within the TH 212 corridor. Three proposed interchanges on the North Lake Riley Segment of Alternatives 2,4, and 5 are affected: CSAH 17, TH 101 and Dell Road. I Carver County supports the CSAH 17 interchange; Chanhassen supports the TH 101 interchange; Eden Prairie supports the Dell Road Interchange. (All of time roads are designated minor arterials). In 1986 Council staff questioned the need for all three of these interchanges at the boundary of the I urban and rural service areas because of the impacts of potential premature development (from improved access) in the rural area. I Although not directly applicable, the study used the Council's six interchange evaluation qualifying criteria to assess the need for these interchanges. (interchange supports MDIF and local Comprehensive plans; need for additional capacity; functional classification of connecting roadways; type of trip served;operational integrity of the mainline,and one-mile interchange spacing.) Special Ialternative traffic forecasts were made with each of the three interchanges removed to determine I6 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 where traffic would shift without an interchange in place. The analysis showed that based on the likely construction time table,the three interchanges will not lead to premature development,but will serve in-place population and employment at the time the freeway is opened in the area (after 1995).This assumes that land in the vicinity of the interchanges and the mainline is within the MUSA. At the moment this is not the case. Several local governments involved in the TH 212 corridor study are evaluating the need for additional land in the MUSA. Official plan amendments that request extension of the MUSA have not been submitted to the Metropolitan Council. It is expected that local governments involved in the corridor study will submit comprehensive plan amendments that request an extension of the MUSA and show the proposed freeway alignment and interchange locations. CASH 17, TH 101 and Dell Road are all planned as minor arterials in the current updates of the Cities'Comprehensive plans. This is consistent with the requirement that interchanges connect only to metro highways minor arterials or collector roadways. The communities should be aware that changes to functional classification of roadways must also be reviewed and approved by the Council's Transportation Advisory Board. In all cases the majority of the trips accessing TH 212 at these interchanges would be regional; the interchanges would be designed to promote safe, efficient operation of the freeway, and the ' interchanges would be spaced a minimum of one mile apart. The analysis concluded that the three proposed interchanges on the Alternative 2 meet the requirements of the six Metropolitan Council interchange qualifying criteria. o System Management ' Because the Transportation Policy Plan also advocates incorporating techniques that manage the highway system and demand for the highway in the planning and design phases of a new roadway facility. These techniques may include metering freeway entrance ramps to regulate highway access, ' constructing freeway entrance ramps for exclusive use by high-occupancy vehicles and planning for park-and-ride lots. Construction of these facilities may not be necessary immediately.However,these needs should be considered and incorporated into the facility design. This type of system and demand management planning does not appear to be discussed in the DEIS, the FEIS should address incorporating HOV by-pass and ramp metering in the design of the freeway portion of the facility. FINDINGS 1. Due to the irregular MUSA boundary in this area,potions of the TH 212 Corridor alignment are outside the MUSA in the western portion of Eden Prairie, the western part of Chanhassen,and from the western boundary of the City of Chaska (see fig.2). That part of the proposed grade separated four-lane freeway outside the MUSA is inconsistent with ' Metropolitan Development and Investment Framework policy. Those portions of the proposed freeway inside the MUSA are consistent with Metropolitan policy. 2. The Council's Transportation Plan provides for the construction of TH 212 east of TH 41 to I-494 as a part of the year 2010 Metropolitan Highway System as a four-lane freeway for its entire length because of practical considerations regarding design continuity. 3. The section of TH 212 east of Chaska should be built as a four-lane freeway with interchanges located as shown in the DEIS. i 1 II I I I 1 1 1 1 I 1 1 1 1 111 1 1 1 I I 4. The policy plan does not designate TH 212 west of TH 41 as a priority for highway expenditure. MnDOT should preserve right-of-way for future road construction and consider phasing the roadway facility type—perhaps initially as a two or four-lane controlled access expressway. It is premature to schedule roadway construction west of TH 41 at this time. 5. Techniques that manage the highway system and demand for the highway should be incorporated into the planning and design phases of TH 212. These techniques include ' metering freeway entrance ramps,constructing freeway entrance ramps for exclusive use by high-occupancy vehicles and planning for park-and-ride lots. • 6. Land protected under the Agricultural Preserves Act will be acquired to construct the proposed TH 212 roadway. The need to acquire protected agricultural lands for the construction of TH 212, and which alternative will have the least impact on these protected ' lands was not addressed in the DEIS. 7. Construction of the TH 212 roadway will require coordinating the land use and transportation activities of several local governments. As a part of this coordination,local governments will need to submit comprehensive plan amendments to the Metropolitan Council. That show the roadway alignment and interchange locations and areas proposed to be included in the ' MUSA. 8. The draft EIS does not completely evaluate the potential impacts of the alternative highway 1 alignments around Lake Riley on water quality. The potential impact of increased runoff from new intensive land uses around interchanges is not analyzed. Additional measures other than stormwater ponds to further reduce the cumulative effect of increased runoff volumes and phosphorous loadings to Lake Riley are not addressed. RECOMMENDATIONS ' 1. That the above staff report and findings be transmitted to Mn/DOT as the Council's comments on the TH 212 DEIS. ' 2. That the concerns raised by the findings be addressed in the FEIS. • allbziaei • 1 1 _ I8 NM — I, NM NM — OM = — — — ME — NM 1 " • . It ■ . . _ - _. ._ - _-.-• -- • . - — —•-- •ii iTiifiiiii iitiiiliiiiii4:/.,ii.ii/1.l>'iiy a 17 •--• — %I /••` ' _ • 1 ` ': a t,. RESIDENTIAL ''!•!/.r/•U///// �C 1� ,�� it•,;.-,..4.-- .•-....„, ... ;.--:: • ..„.........?•,.. , . • • .. . .... ...mi.. , • : ...:....,. , , .-... . . .. . ., -_�,� -a. t ` '�'- f MIT NELL'LAKE .;' ' V.♦ *• p 1 .. .... ` .�--• ti ''vi/'a _c • 'L• .. 'ii�i� ..STEM• ! • `` w. . • � i. _.�....�__. : — \ _ i + S - , ••: tea:: •�•• 5't' — / "r►.• • i 'eel) *- . �, �•.' M..'•� "/—ter ��/0'_ i11 ,• ! • / ^^ �..y.. h • ,�! • J I • �. iS. Yw 1 __ •. • I.�'••' haw I I/ �...... l \ • a "7,.....1....L., ���� rsr.-.4151;.. 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I 1: THE MINNESOTA TRANSPORTATION ALLIANCE June 6, 1990 1990 LEGISLATIVE WRAP-UP The 1990 session lived up to its advance notices with the budget shortfall overshadowing all debate. The biennium ended with a record number of bills introduced, many of them transportation-related, and most of them never receiving a hearing. The following issues were of interest to our members during the session. ' MVET (Motor Vehicle Excise Tax) The share of MVET to transportation was reduced from 35% to 30%. This amounts to a decrease of approximately $13 million. ' The Legislature specified where the cuts should be applied. 1. Mn/DOT is required to maintain their program delivery ' budget intact; cuts must be taken in "overhead" type of expenses and not in scheduled highway construction projects. ' 2. The metro transit cuts are divided equally between cuts in light rail allocations and cuts in bus service ' allocations, which can be covered with current reserves. The rural transit cuts will not cut any current transit system's operating subsidy. ' 3. Transit received a general fund appropriation of $1.5 million to offset in part the $3.1 million reduction in MVET recepits. BONDING A total of $21,734,000 in new bonds was approved for ' transportation, including $5.6 million for Local Bridge Replacement and $5.6 million for Federal Aid Demonstration projects. Grants to counties will not exceed $3.3 million, to ' cities $784,000 and towns $1.5 million. 1991 SUNSET OF COUNTY AND CITY PARTICIPATION IN THE MVET ' DISTRIBUTION The House Transportation Committee discussed removal of this ' sunset provision as part of the bridge bonding bill. The removal language was removed prior to a vote. There was no action by the Senate. There will be one more opportunity to address this issue in 1991 prior to the sunset becoming effective on July 1, 1991. Mi _, li . —ma ,,, 1990 LEGISLATIVE WRAP-UP - 2 - June 64 _1990 ICOUNTY STATE AID REFORM Legislation dealing with the make up of the County State 11 Aid Screening Board, changes from center line to 'lane miles and municipal approval of removal from the CSAH system of a county highway which runs through the city, passed the full House but II did not come to a vote in the Senate. LIGHT RAIL IA bill designating $10 million in state bonding authority for development of light rail in the metropolitan Twin Cities passed the House ,Transportation Committee but was not heard by - the Senate Transportation Committee. WHEEL FLAPS & COVERED LOADS SEffective August 1st, all belly-dump trucks must be equipped with rear wheel flaps. Any vehicle carrying construction materials is covered by provisions of this bill, while the Icovered load law applies to all trucks, including farm vehicles. ANNUAL TRUCK INSPECTION IIEffective July lst, every commercial vehicle in Minnesota weighing more than 26,000 pounds will have to be inspected at II least once per year. FOR MORE INFORMATION ON THIS LEGISLATION OR OTHER BILLS YOU HAVE II BEEN FOLLOWING, PLEASE CALL THE MINNESOTA TRANSPORTATION ALLIANCE OFFICE AT (612) 379-7227. I I . I il I I 1 II IMETROPOLITAN COUNCIL Mears 1a>*Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 June 12, 1990 ITO: METRO AREA GOVERNMENT KEY CONTACTS Each year, the Metropolitan Council sets priorities to ensure that the primary concerns and major issues affecting the area and its residents are addressed adequately. A publication describing the Metropolitan Council's 1990 priorities is enclosed. It has holes punched in it so you can add it to the three-ring notebook you received from us earlier. I The Council's Data Center will be glad to furnish more free copies of the Metropolitan Council's 1990 Priorities. Just give a call to 291-8140. Sincerely, /6# ISteve Keefe Chair I I I I I JUN 151990 CITY.OF CHANHASSEN I • „ ... — rt.."--;010-s•-• '1**„ i- .,v,'vrb:--. .s....., "--....7.,,,,,--:i:-.-.,- _-: .., :„ ..,...1::__, -_,;:,:__-__:,_::::;, ...:- -.-..1.--.1.. .s.iii,:,:- ..--,--,! -..: 2,---7: -. :::".".1C': ::,"---="g•-!;41.s±;:,411...!"4._i:::: :-ii--.-,?,:41,-'1.,- -,:r--,,-;;;s7".-r-s,; '•,'s-,,--1",•:.•'.'''''''''''''''' -a-4,-- !, s, i---.;•• 1,:,ri,--s.:••IS•r.....-::-.'''.,,-,-,4,41.,..1 "-.-!* ,,- - .., .'.----4-.'W.-0741Wii”'`;'''-•*•Z•';'''' ---— --, ... 9 9 . .... ,..., _...... _.,....=,.:,,,z__.,..„.„...,.... —7 ---,"••,-.....,----'':,-.,.-----i.--=-- . .r-r`--=:.•-•,,- ,...-------7.:----.. 4-4-4''1 ; .' ...°14_ :: ....'"-•;----:--; - - -. . _.. .=,-; -*T.:, ------;,.-- E _,..„„,.....„ I OP I .....„............‘....„. ..„.. .„..__ ,...„,„...7 IP:: Q - -- . .....-...— - _ - v.v. - , ,1.• 1, ._,.., _ ,..,,, . , _ ,...T .,,,,,,,,...4_,,,..14,0,4,•;.•0.-vifr,:_,,,,,.„ , .. -,•- 1.;:4-4-4-.......1....--,4,-,s."..•-1,,ic,, ,,--,--....-k..."...,; '--- "=e-Zs--.3"- - 1 1 '''- -- ---:- ---•3'cs'''.:ti4 f""'L'ii• 4 --:.: 14." ...' - . ---:'-44mr4 -...-- 4-7-7' :.1 ,:.f1" 4-0;,'-I. ...,-- ;„..,.- - . 1 --_ .,,--_,- --t,..,---;-4/.T±--_-,..-.....±-,:-.:2..---— .:_..-,, — ,:,, -.-c.:-.-.: t.s.,.....:-.,_ -. ----Vkiegagillittse-- -- _;-..,---"-- ,-. , .47,-__-_; -.,- E I ..,,. . ,. ----L.Z. I al - .. ---,---...v...:.: -4: a i I • a• - , I .7. - 1 I .- 2 I _ - , _ -7,-_ ,-,... •- -,•.•;•;...*1',--,..,.•,-t. i•_-**-. ,,,iii!-•_-1, ,s°w;:'7W-.4454',.107,ts4t-?..>":.'.... -7,-:4&-f:It--,- -ite:.--4;--J-;--- - -- - • •"•-••-•-— - - if - -":•— -,-- --,-,-_- ts,-,-7-,--.,4,7,.-*---.14,....t.,-**r.. ....--z.,-11,-------,......-- ;f_..-:::7,--,-,..,,,,,,7-.#-,..--.:::,-;-,,,,---7,--s-': --,*-7.---- .. . _ 7 : ..41etropontan C.ouncil's 1990 Prkirities is a cOmpanionpiece --''''-iikiea of Minneaidis and St..Patil ilhalinnes-OtaT.aCh r&u,the - ..._ . —. 'dr .4iCiiincil sets • • • .',-- -1.-10 the citizen's Guide to the Metropolitan Council,VAu -.. pnorrtres to ensure that the primarq concerns --., -_- :-.-..7.7.stimmarizes what the Council is who its members areand ,-;=iaid mato. r Issues. - inecting the-area and its residents aread- .4-4ts role in the regional development of the Twin Cities Area.-. d ressed adequately.ln 1990,the Council is focusing its plan- .. :-;--: -...,-. . _ . , . . . — - -`:.:siing resources on priority areas.These are briefly discuss- -. . . .. .. ,The-Metropolitan Council is the chief planning'agency for d,here .i.,„,.....,, Are development and growth of the Twin Cities Metropolitan -is.. ..:,...-..„,*-..:---4 . - -7A-;`'.:-.-,,-'---='-"--- --,-„--..- __• . - -Atr,.- '.-.-sist,-- -_-_----..--I';-4''$Z..;-'-ik72;:iii.:--;V;'''', s=4,'-',"*.';-•-.'?'-::'4i7;,-- -.5=', ,--- 4,--- ---,--. . - , - .7 • .— .' - .t - • - -_, ". 7, -1,," - s' ::-'s--- - -',!-Ii-s,,.. ' ,'''',--. -- .- " _ _ ... ,.. 'a' '.--.:....ri.,..1"ii.c.;::5_,!_:.4.r.,,--ifzt.';27.-..1.-........ ...,...7.:-.-....;_-:,,,... -a-Ff: ..,_:•;_-_::_'-...-r.-,--;:„.., . , _ - .,„ , r 1 -- _ - ()using -,-,,.k..w,-_--;_.J-..--,.„_- _.:,_--.: :,,- -:-.-_-- ' - _.-_:. . . • ,,...-. .. _ ._-..-- . -...-..:::. . --:'---- - - - ,..." -▪ -▪ ,:=.-..-- - z: • ,_.„,,,--_,,.,:, - i• _-- . -,----t,?:. , ..„----1V- , .".:;:,:,. ."74-P"F-1.;;.,SY;-,..- . , -:,-t.--,7; The American housing market changed a lot in the 1980s and ..-7-.1- ng dretherne of its 19O State of the Region event,held in - ... _ . . .: ., ,kvill undergo more big changes in the 1990s.l'he government's. :',441arch:-Counal Chair Steve 4Ceefe called for a new housing .;.• . ..... _,-;--,,-role in housing changed in many ways..federal lunclirig -.721strategy and outlined sevOlproposils.included were Ways dropped dramatically A heavier burden was placed on-states ;--.9of:dealing with -the shortage of housing 4or low-income-- - - --,--and public/private partnerships to fill'.the gap. -Nonprofit -_ ipeople,expandirig housing-choices in the i:egion,revitalizing ''. rganizations played a stronger role in providinghousing.The 7,-.---declining neighborhoods,and clearing areas Where iurther•-1 ---:----,1986 federal tax reform took away some of the incentives that - investment and .-lehal;ilitatiOn efforts may no :longer- be ---E.-4enoauraged the private sector to irwest in rental houSing.lbe '.?4,.prciductive.-A;rnetropplitan housing task force-will studi-the -.. ....- - supply of affordable housing decreased, and homelessness -proposals and develop ipecific recommendations for ways to ,----7,,41i7'enlep3ed as a serious housing and social problem. ,-4k.kr---,..--*ddresitheregion'ShotrSirig tVincents .:".:;,;-;.,:.,,-t:--— ._-;4......,..,f,;,,,, :- ---- --,rPThese changes in the Amerkin housing market have—aifeaed---=-4herridl'shotiiing planners are Ciindircting sm.:4ra]studies -1)crusing in the Twin Cities Metro Area Today,The number 611- iiii:1990.These Include Oita:lies-On*effect-of local fees on - -. .'.-:---.-.- homes throughout region is getting larger.fewer new:*-housing Affordability,,tharacteri stieslb at Oiontribute to the • - ,,,,,.,..:.-..•.„ --„..-.:•. , - Aomes ate being built,particularly in the central cities.Baby t.:.ti,atritality ordedine of rieighbOrhoods;and the role of nonprofit •- : rs,with their rising incwile,are moving into bigger and ":41tirganizationi ifilielping provide.affordable.housing in the - ' , - , --ti-inore expensive homes in the suburbs. More and inore':f.":-.:Filiegion.'lliriesegrneritsof the fv;:tuiintinarket Will bestudied: people find it difficult to afford the hov$ing they need.)4Adre-i-'.--groifsilig for elderly peOPle,vondorrtirriums and subsidized -- - -- housing units are remaining vacant for fonger,periods of time. ental boating:The itsults of the last three studies are-tribe - , . . -------.::,An increasing number of people who can no longer afford to , resented at a housing tortini1atein -Near. r in houses are moving into the region's streets and -:::-.t-1=:,"=.4.:-:-'-'---: -::-.,;,-.,:;•,,,,,I.,,--- .- -;..---,,z,-,4-ei-?.,,,!-::4-,-_,,,,-; ,.--z.....-_-„,.._.• :- -;---_ - - for homeless people •-. ' ' - '- -' ' -.:---,...!,':: i---,' ''-1 '-'--':'-z-:;--4:•4411e-r:o' itirdi rgill'ese results of the metropolitan housing task . :I-•-..'•r. . - • .. . ...,. ,..A:•••,-;-::: 1- _ - ' - .' '- ' .-- - '• -,•-'•-, n•Ce"work and the various.bousinrstucifes tu 4eassets its , 1n response to the changes in the regibn's-housing martet-thel....-'A00ShIg PcjiideS- -...;:-.. 0 .ratnrcil made'housing a priority for1990.It also made hous-t-,;-s''i-'-=r4- •.:.-14---,'--1'2,--,f4'';',;12-K;'-'44 .!..r..4%4t4s.>-„,,i-',..r. -,-,-P---..:-..--;.--,. .„,-_,-.4...,.z-.. -- . - - -- ---- '--- -= -'zi---' .,-,- -. .,- --*-4;-.5: :s-,4744-,-. ,'*-Xiia•iigiW-i-,...,„:eiaXA- :•',4..lv. _;t--,. :F•:--:;-:-- :..,.-:0':-.:.:.:-..4- - - ._ -, ::-,s--,:....,-...--,;...4::..-:.,i;;.....,.i,-;.;,-;:,_-;=,:.-- -is-,-,?ate.,-,,,,,,,,..:_,;.;....,"-.= .,..,.-..,:-.C.,,i-•,-..;=•-,t;..y.,-..i.iiI: ,.--,. ---ii...:.'->cc,W,t••=;i:-._.--F.,,,.., _.,".: .' A , • _ -- • --•-• "7.4', -_•,',-,-....C_T:,_ ..-. --..'• ...:..4t•-"5,,•4 _..1.....,-t,_•."., „;''7•;_-,-":',,,,•:-.1"--- -.-1.1•.,- 4'••'-]"‘.4,'"?'-.--.-'-' ,„.• --•- .14--t-•;:- ...-'--4--'••••' - ' ' -- .a• -: ..:. i..- - '1:';•;ti-;•.A 2/,'"'-'.."--t'•,....-I'.•!-25',•••••":1-?41.•;- '-??:-3-%,..4,Y-Air ,--47.1.4igt•Z4‘4,..‹,--,,'Lf7.-4:-''-eflkt:g44:----.4" :7?-4.iti':-&'--':;'"---:, '-- -... . .- _. _ ,, , _:. _ •-•:-.: ..•--....; ., --,•'-,■;?....-if: ,..... -e••••".!•41,:'," .;. .ZI •; -...-,--. :.it1.-:.:'•.•:-•-.'-..-- 4•'-a. ":-.., ,;_:,,,,-,- ,,• _... • '- f_i_....;ii^:-.---Z•L'`!,;,4:3-L-:.Z.....1.,..' C't:Site -'•-''= '' - I,'-7,- -...:-!..N.--,---,-,:=. . ;.--... ,..z;,,-:-.---:. .._:..: „ _ ..;7-,'"-- --.------,- --'' `'''.it.-...„. .--..ilt-----1 .4.-te-: H".....::7-:7 4 ''..-. _ ($ _,_, 1.- , ,_ .1 ,-_-_... _ ----- -j.--- ".„'r..... .;:'7....„.,.Z. .*.-'-f--*:-i'c'- ' - 7...... ----- -`'-.:- --.--3-` ''---1,Za.....:..:„;;:.? "Z;L..'''''''";'7.-,`'. '''''''-'-'''''S.- 4*1. ----&-.. ----.-7,”; „ 5rr' :. '---'-'`i ....."...-..::,;_;„7.-:„..tt„,■,::.,;„ , ,,,; : '-"::-;., - .is-,A, -11- , ..,--,..,- ,-;4 ; --v•-•40;- --' -'-'-''': •- -....''--"‘ , • ::*'-'4S- pasise several wars-II-aye- seen the---teg---'1Ontinalce';;-- --24.---Ofi44-7-7.-.. V.---7-:,L. . iit.--- '-: ww:-w -awes- sarity*oge---in --;:--- . ' -reducing its dependence m) #1useis-19blemS-1#44F.4innrs, -Aiwaste- - 4-------'-;More and more of the area's lesidentsAimieirivtidjialt02- : _ . .:145-terli.AfAitqi 4rit-NemovetifronitheAvaste..i -?..--.. .... 7cycling and composting programs let:Pp bytheir aririitieS: . iiiOnitinien l,liazaids iireasibided.'The Council is ,- and comthunities.Incineration and Oonverting-triS141314tier_Igh01:40t!-o-'4_10''.**§:h)i;.!tParateanifllar$dle these Prot4F1*------*, for pr plants are also being used-to'help • '-.,.:::: ti goal of leisening the use of Jandfiiislotnatiagelbeikea's- _ -,, ,'•- ;,„SCi,„... -,,.._ .__ „ '7,,,,,..-:,,,,,,,:-i iiti;-i4-,-;--- - --:: , ,..;.•.-- .1„....„,,..;!,,,..,,, „ :„...-, *01,1**-140.--dfootrati - triresnli new ana e.:._-•___.--,,,_, - •,-- .. _ ,,` --:=.777.771..-,,.7 :,.„;::;---..`7=--41.- . -'` .f. 14451001dizirgrantrandieln. litcf6tOivesies0011.77-*,. 'in 1990,The Council expects to revise.fts solid waste policY':::•-"-i-Voverninents,IfOrifiriAtOtgantzlftions-and others-The funds---_- .---4! %--- ----'7-plan for the region. High in its priority is the tioe'foillefiearcltandimOlects*at be!Ip oddress the.<*gion's -•:'•-:-T--_-:_sacohesive regional system that will manage alsitger pOrtion71.1h_eitdS4.Flonge4r.".11#._03!stlftlitaWller4.7---- -.4- pog ... -Of The waste stream through methods other thali-laildfilling.-•:--,-... _-...:2---!-..t.:-:;*-::.4,...-_,--.F;t:„---,,..-..,;1-1.;-=-4-,,--_'..-4,,tii.-1,,------4 .:,:-.-, _ , . accomplish this,it seeks to increase cooperation ittiO,4141s-414400iritteditifeent8 that_ oateia_o41,..-3„,=•41.--4,,,,, ?.„,-•. gs• "on's counties, cities and vOmrnuniiies. ATiniajoilisirse-7:411j4iPaitity-ttintirareSto isdSt-forthe region-forWaSte that car& - ------ :--toeing faced by the region is finding'marketilori€-*Iablie-procested_-*trillotAttffiduals:asuckalAsh-2-4rom waste,,,_,17_,:z. --,-----i-inaterials.The Council I conti nuts to+Aloric with state agenciesprocessinglacilities.:Itis-working to make suretielanclfill-sjting , _,, ;-=-- -counties and private industry to see that end markets are able:::-*ocesscpntin,ues on trackand that landfills are developed to ,. •-•,--- -------10 meet the expected increase of recytlable materials. 4<,-<---:-..4Ameet the-region's needs the pfsd century. •::,,,______„: , ___.•_-i ; . - ----•- - - ,- -,.-.:- : .- --.•_ ,,,-,..••...;--,,,,X.2"77:*'.rs ..;,..g..;--. ._, -. ... _' __ 1 __, _ . ' Another issue is what to do with trash that's not'recif-aable'7.7iknother comportentiiftheridunzcitsWoiiiis-PublicOducation -i• ',•• -or is toxic For instance, solvents and-organic Chemicals-:--V..iidrities and compiunitiesinfonti citizens of programt with' in . --- -.- - threaten groundwater if they are landfilled..Lead-add batteries :-4heir borders.TheCouncil's commtinicationi are aimed at in- .• - cause lead emissions from the smOkestacks of trash in-;icreasingawareness regionwide of the solidwaste problern,and z'-'cinerators.- Heavy-wood materials clog up maChinery at a.--- -4sersuading citizens to'seduce and_recycle wastes. , . --:-. - -, --- • - - - - c - • .-. .: , • _-, _ _ • - . _ ._ , . ,-< . . _ - - - - • ' -`-' ---' ; .,...- titer esources --'7.----------4,,---- , -- -,- ,,----.- -- '-'-- .,7:: .-... ,-,:r.:.:,-.•,- - ..:. - -,._,%t,, ":- -`-:.- --7. '-"Itt'L,-. ' ' ' ."'-'-•• ''''-'-'•'- .- ': . . .,• - ' • . Generally,the Metro'Area's lakes and livers are a reliable source. • ;region's water qualfty problems/and identifying the sources . of good,clean water.However,our supply of pure,natural water .-,and kinds of substances-that pollute our lakes and rivers. To -,...., is binned,and the quality of our lakes and rivers is constantly, this end,the Council will survey the waterquality of 20 lakes -- : at risk from both natural and people-created pollution in the MetroArea 40-,deterinine 1-Water quality trends and ,, - _ - - . , - -' . -_-- - •-_- -s- --.:------!-"--'-• •=proVidea data ase on water quality for watershed managers._ - -Three wars of drought has underscored the fact that-the region -., --, .•:- -, -_-_-_,- -• r• -----.--<---.- .,-4_,-,,..,- . -- - ----.:---_,-does not have a limitless supply of water. Our groundwater ..-1414go,ilong With Othetager•irieS;the Council Win the thud war is one-third less than previously thought,the U.S Geological ',-of a fiveyea. r study of the Minnesota River The study aims to _. — - Survey reported recently The quality of the region's lakes is.,.-,'---:identify"AV polluting the:tiver,lafie, re tfrese pollutants deteriorating.Council studies dier the last 10 years-Show that ' coming frOm,luidboyr,their effect on the-Tivet,can be con- of the 121.bigger lakes monitored,only six did not sufferircan ,..1 -4rollecl.Results(#;the study may be used to help control the •=7:-.,--. --lower water quality due to development pear the lakes or. in ,•,..•--I),ollufiona*the., . rxiVez:trsdlakes in the_.re_. gion., -' -_.-f•.,.„„,,,:_. ,----,,--;).--!-, ,-.„--, 4,..--1,,:-.:-,----,,,,,?7,--rt.--,--_,:-.,,,.---m,-, ,,-,--.,-:_----,r.--- --_-- - - -their watersheds. J - '___ , _ ,,--•-....---_-_-„,,,,c.,,.--zit.:7-_-..„-,-„.,-..,...,,-_„--.:-.•__,, - - --_ _...•-_ -:,,,'-4 4---"?''. -..-r&-„,,,,..--.1_,.._-„. ..„,,_. _ .-,_-- ---r. -.X-,,.„ ''A,_ _. - '', "'-‘•'' "4 ' '" ---'. i",-'4::-.'' lthe Ulundi is AsoiriviAvedzinl-bto-yeat,interagency study . ' ,-- • . . • - ensure that the region continues to use its water resotirces_ztW:the statesimisndwater system-..The.. ,study-which focuses •=S:7 *-wisely,the Council is preparing a long-term water supplyplan,--4!,p- on.-.4dentifying--iientl Ove. -=_*.r. eitAind -,protecting !the _ - -° which it will submit to the legislature in-19§2. AMotog other'::-.-4,iordwaters,isched uled lobe_ completed in arid-1991.in , ---:Y - -measures,the plan will look into the feasibility of a regkinally4-Ardditioni-the:councri-is:ileVeloPing tedmical materials and. ._ ----- ,• planned,locally operated water-supply system that relies More.,..7;'---;:matanagementlools_lcii:lotal use tomr_otect groohdwater. :. = .- .4-2,;i., -74,,---,f,, ,,.7:_11.1t•,,,,,,.;r-:-;."": •--.,%:,..i., --,- - -- ' on Surplus water from the Mississippi River than fromiiirop00- -.-_-,,a,-•ve4;.-gL.,-;;;•-,:-::-,,,,--,:-,,,-,i. .:-,:- ...-.,-.; -1-;-..f-,.,, ,, -,;.:.,_- . water. In February 1990, the Council. submitted 49„,--Ille-,41t"...- , ,counciristh.e',titetroag„agency That at puts:together.asewer legislature a short-term plan outlining the region's possible ;; „_Toolicy--fO. i The regron.Inffi,is capadty,thiThuntil monitors_ cesponses to a drought,widespread contamination of ourwater_ .J-'-:The implementation plan of the Metropolitan;Waste Control , - --''. - --4esourCes or other emergency situations. ,.,:-_ -:..,:f-'-1;-.---..-.,.-::.°.1: Commission and reviews the coinprehenS'ive and sever plans• ; . -. t,.--..i-,,.,..- . - : .- -----•.--:- , -:..Z f'--,-..t';z1-_-.f.407---:.- ---'Fjjof local govemments-in-the legion:---1-2;5-:---,-.-Z-.-.•.e.,,:--,' -_-, ,;. . 4- ;t-P-.-I'V'• ''-'" -* - • -4... g" -i:1".r.• '', Among the Councirs continuing conce rriSare assessing ihe:,f-X---4,-„,..-i'•r`14_:.-----, -*:'-''4477-:','='''•;'-;?..--4.-•-.-;,_--Ii.-.41t', 14-1---.4(--ttt-a4-Z. - _. .1,1v.,i1--,,,,,,,7., ,„.:•..-L:i4.,:,.-•..:,„:. - -_- ,-., •r ,...-.-..--,_ .---.---_,,. <t.%-;,.„-,4i\*.,..=:__K.Av.t,_.-_-,,,,r,,,,t, ..F.,A;e..1.,,z-, 4:-.:_-__,..:;_Ak.J-4.,iu.„1,.;,_,•,-:::,,,..::...1„:4;<th,-.....-_,,. - --; . -. . .. . - --- 7. ''.../' ..-''',-,,,, ' -...::-, - :'-7-': --`-'1,:„z''--.4,--& --:.1.-V."-,-' ''-.-4-..1--,..4-.,- -:f.:'•ti.4 kV7-..?'''..24t:c___AP.a•V--.3-t-.1,-A"Z . - -,,. / . •---:--,........- - _._.• _ ...-.--,;.:....;.::,....... ./...•- ,,,,,•,-.1•,-....•-•;,.:-_,..„--.......-,„....:.,...i.,,„--.- .,-,:.-_ „?.:_......,,,k..?„,...,...-------,•;:y.7....,A T-1.7.-A--s,,,:4-•.:- ,- — • --.- -.-•,•-.:-7.:._-: --..f----;,'-' 1:::,•-1-.7.fij,i' 2:--7'.._-`' '',"•:•.-&'a,-"--,-*'- , _:*.tcli- ,'_q,:t",:*---,-,44,,,kr-: -, - - ',.. -- t....4: -._.•: -..--'•--,-'...--•,:_ .7 _2:7.2.:::',..•74,,.. , '-1-,..-. `.:A.,-:::::.:10-,-.s.,f. .._It.:-_._1 ;•"-- -=c-='•--- "-'" - • i .- - _:.•••,-,■...iiiss -,;,u. ... — - .,,- _,•,...._.k--,,..,-4,--......t.4:4,--t-w.--....,—.:.....7.:-.7.,....,4,.., ... p_.------,--:,-- ••, - - • , ..,:-.-.---:• i.•... -- .-,•,-,wairaoRiNetwe ImimM11111011111 --.7•A•s4i6-1-4:-,4*-14-4.44iiiik-..... .----4.1.:if•-•.4.,.,air---..04-=,-,.-=..«.--,,-.;_ .--...,... ...-,;-.-77 -,,-:-. .t „:-.7---. .-:.-----':1..--=-----,,-5...-te.f 44Tkil -;,--.1..eni,--"-'-.--47- -- _="'-',e-1.-'"'-*.-',.- -e-,7- •'"--,----;--.:--,-2:- --I',".,---7,nnig. . - - ,, s 11411964- 16,11-11161t!'-.LA-. • ""/ - ---... ."-eSt.....- .-'''e•-:-..1": e -'' ,0..-------e,A-Zi•V:-e7,'....-, ''''-A-"e',..ler.:;..--::-,..- -e -- -: .--3;--"e::_-.--:,-* —v 7 ":-*--, - - ---- - - ' --- t ‘-'“-..",.t.i^'-'-‘"'-• 7'.----'"--- ...:-.--'--- -Z--- •-,.'",. .v.' -.-- - "'-''-'.------.' 4"- - -''-'• •-•-... ---! 41-:'-- -- 19E4IglitifieSetiliVilatirAitiVrtWeralidaWratiriv_ '• 101-74011650001t*thirl.lhe*Inditteal3tePare__------ strategi for a possible new niajor.airportitoguidealrPortPlan-!-- pleheiiinreirlanfor_the... deVektlirnent.,._ . 4.111e new.eirlion,- - ..........1==.?. ing.activities of the-Council and theNletropOlitan,aliptilli_ eteMitegatY- Inyirnlinlienta.._ _. ._. . 1.111=4!_e__5" And analysis. __--,_ ___. _ _ .: "4.= , .,mission (-,4AQ, : _,.---., - ..:,-.4-,,,:-.7'....-------.1.;',';;t7--s.L_;7-..... .. ..7-1- actilmileiatte tolielkiiiiiipeted*lin= 1 a_W=19 96.-...77 ----• ----:‘ ----.t,--;-_--.:--- - -- -- - — _...,--...= , . -''.1.-", •--:,._---7.-.:'-177,--1•7-, s:-.' ,_ _ .-.- ,• . -,-;,-,..-•:: strategy has twopatalleliracks.One pports cievelopment.°4461_13-eiTAlough-Aleast 1996, .."r.ouncil will-closely • -::7'=-Joptions for Minneapolis-St Paul International AirocirtIMSP).--.1ixtaapnitor ecOnomkirends... and debelopmerits frithe airtranspor- . ... • -: ' T•''-- - second provides for the selection Of a-search area-fori-T. siOn.-industryAhe Ant tifiMial lltirtge- (icy'planning- • ---'7.--:- -- major seplacement4irPor1W4eri iiiiiffit4s4iiidedsesSmenerrafAhes-ej.treridC_Sisikticimpletedrittuwaw199a,-_ . _ — — ------— — .: Vissessrnen- ---- --1----- iWit 44 —iiWibetiming- ---.- —-= -,--, ,---,4:14,- PIOCeS 1 . determ and .;:-=':-1-='--the Council is in-the midst tif a twOT-Inii=illuilf-year effort-10-*-Araignitude of intixtrierrients at MSP,4s--will'as if and when ... ;-,'-- --•lect a search area for possible new major airport,aided Varliekv-1010celnity be aetided..7.t.4.--.•; .-.77-. --:;-•••=:::j. .-:=Z--;:7.- -j•t;t'e ' .- a'37-rnembertask force.The Council will developitsselec --is .,- ;-,----= =_-=::=4==..-.....-- .;_ _ .=.=-7.„ --,--. - ---'lion criteria in early 1990 and report to legislature on the i'iiiklsoin/990,1herOtintil is aitsessing the roletithe smaller, '-•:,7•_=-_-_..- -fel availabilityoflarid suitable for airportdeyeloPmentiptinerataviitick,74telleiitiltairpOitS inTheawin cities Area- .-17-41ec.-1, 1990 In 1991 it will identify ihreet6 five.Candidate-,-:.'NkriTaff ViSorytaSlc-forCe3t*Ceicing toldelitifitilort.:.v.and - - areas, and-by ian.'1,1992,--telect a final fearrhateineniiireastire$',iisrs-liW-4hese selieveritirpOrti'Tan-help -.- -- _ - . . ...- - _ . .. - '.--,:t-,=?.,..Airiecongest MSP. The task'force is=Impeded to complete the . _ . _ ... ......-= .- that point, the MAC will take the. lead It Will identify---a.'..,-. tudY.:-17/tllid4990.-7',_-.7.:_-.'±-_'-±...-:±:_ :-.-::: . ?:"7.-t,."-:- _: A : - - - --... , ---.. --.--- ---r, --- ,,r--,----'•--- ------•. -,-'.1---':,-I4•••t-i --.--L-:-,_I-,-- - •-•.:,.-4- -•.. --..-:,::,-- --4-1....t.:------...---.--:;t7.,_ ,._:__ - - )- i - _--,...., __ _•._-_,..-=__'-,_1------C.; ---tflz .7- 4.!.,-;'2-,_...:.-...- .-„-... ,,•-.._..3.,..-VVV -'0, ---- ------ ;-''- -, -. !•:".- ,:-.17,-W3-4--.:-...1--;;Tig:.;;t.y -'-e.-,..,-;:......- -:,;--:-.:-7.: ..., _ -- - . . . - . • -- - ,-' ,'--..-"'. ransportation --. -;':-....',. .-,.' ---: '- , .• - .... :._ ,.;.- , 7:- 'Today,streets and highways in.the Metro Area remain-relative- _.-p9ols to enter or leave-freeways,and special lanes for them- ..,, _ . iy.free from the congestion that othier growing Metro areas -=,--,:en the freeways. - . ..2 throughout the nation are experiencing.Howe.er,tcingestion - -... '- . - -- --- - ._ .--, -' ., - - - is increasing-rapidly and the time will likely come When - -The 1989 legislature restructured the Regional Transit Board -id;...,-snarled traffic and packed roads and freeways will be a com-=--.1R7B)arid gave itregionwide_authority over an LRT system.Itl_ ... .. .. Anon sight here,too. . , - .2.,-january 1990,the RTB adopted an LRTIegional and financial . .. --13larr.By July 1990,the R113 will prepare an.LRT coordination -;4.--The Council believes that we will not be able to add entrug h .,.plankoipell OlittlOW the various regional railroad authorities ---...-frew roads to solve all our present and future traffic problems -...twill coordinate the operation of LRT lines:The RTB helps the ....„ 7.- The Council's transportation plan for the region, revised in -:-:-Council implemenitranAt plans for the region. V V . .:"; 1988, emphasizes ways to more more people with iewer.,._ 7: -' -; "-----,-,-,;-, -"--, -= - --4,ehicles.It also calls for making sure that options exist to pro- -__n-=Ays fria 63 manage the region'straffic also inciucie staggered work „., " . , . :Y..:-vide. access to important regional centers even as the freeways .,:.hours in areas with lots of jobs, preferred.ed.and subsidized -- -2-, -=become more congested. -: v .- --1-:=`-:-,:-- * -- ..--4laricing space for people who use car or van pools,and in- ,_-_,.•.; .. - --.-4,---,..- --4centivei for people who-ride the-bus. --.:-_,-,:r.,_-_-__ _ - , on the list of options is a light rail transit(LRT)system_ ,,__ =------:--:,,.., -,-,-, _.,---. :. -,...-..,---.-...;„,-.... .- • , . _ that will serve high-traffic areas first,particularly Minneapolis ---.:41pri ring` spring and fall this year,the Council will be updating -:Y=---_,-and St Paul downta.vns,connected by a central cprridcir.PlanS,.'1.fitsinforination on people's travel behavior by surveying 45,000 call for the LRT to be-extended into suburban areas in the .:::-7-1win Cities residents and viiitors.The information will help '72.74.,-diecond phase of construction.Many more freeway ramps will Aran sportation officials decide hodsto spend$2 billion to$3 - - _ .. , --'- --be metered Special ramps will be provided for buses and car:-.g,---i•-bMion in highway funds over4he next two decades,. .... . . =:.'" - _.=,.;--,-_, ,=.-,- =:,,,x-:,.-,,.....; -.-.;._ ---..--.:,.:,-,:,..-.7:-„---. --_- :-„1. -,•-• . . ..c.=-Y:41•_;.:'- ?-4N3:iii:17-Yliiii=1A1.,=;.- ;,.:;;_fc..i.!,..V-'4-:=V-52-4-tai-,-.-t`f"-;Y---...,;-,c--_::=7.4_ ,..-,-;- --ii;-.:---=_-_,-.,.-_ .1' _-,. . . _ ...,,.',..- - --f.',F;...-1=!"..i..'-'4';F,f4"e:.‘ /-:1--..7.17-i.,:;-'Z'''F:P...--ei.'V3:-.....iiirf:*:".4-;:4=--A.•:;.'. .77,4`4. „'-r.''et-.',•=e-- - _- -. - -- . , ..k.n.i.-..-,....--.LI, - - • - • • - — .-'''. -.'-'-.;..t....--,-..t..-'-": '''''et:.-....."-13--.-.-°".4i:0......,...-itr.- t-fref-:-14-„...!v_., 24:: ;-.',,--;- :---i :-.--4---.-_-, ,..---::: - -N.:5::::.. -— -- - - - --- ---,..-„- .--,-,.-,._..-,--.:. ......,,,,,-—_-4„.....1,-,,i-,,,-f4.,--,., ,,,,---N,1 .:.__,,,,xq,_;;;.,-:-.,4.-,,,-:-_,--::::,_:,._-_--- - . - .,-,wz,-,:-.._,.,--- - --...-:: . ,, _..,,,,-:;....,,,i. .4.-.-:,-..,...wer--‘1..,wA,../f,,,,,,,,,-,:=.,-*T-..,.4st.7:f4..;:,: -, -- - • '- ''' '•-. 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', -.; --.2 0'11--''''',- -;e ''- ,-.1'..-''''' `7' '''' ' -_ ; _, t► rel[TY `�tli '�rirt7,�,. ilr► " _- = -` '.. ,_. _ > - a=u r - : z. - :- '' t,Lii 1 7- 7s..:e—s.dl. _ - -=r-• !.c - :=,..i„-y-______......,..___,,_'-`7 L •, ,e.; t� _ _.• 4� AC{nga� Or !' ! 1 4 y -� ..c.",_-..€ � Rlt' O f t.<2.... t� Y�tM�i�t'r t 4Y the Council bec�oi re irrcroasi i ,it +. 10o .ri a s fimrre fi mart t. +�B Y_la►'►' .� fir_ - T_ people who five in theh + a ate ajett,1s-Pall • mpoitant "natural-resource.".":-one the rat's ten- - ier1f d vmg cultural diversity nuing priorities in 1990-is to lookk at - _ yin wie pf er fj+ a allenges ai d opportunities - I •- t in that resource;and find Avays to anatease is r = = .e fact of, and turn on,,that in+�estrnent - •.1.:a _ - a _ . • - _ -- ..ip �.vt - • _ - j. - -.T -�Icia _lsase 'r u sy'•Z.+i - ____.._ __._.-._+.L.. _..-_-,e_...3.• `ia' ^R^+'- n •-;'';'._ ! Yta VRJC -�a:soles-oforumsekl`iy' e = -,i= t --i ,Aoleetter-•_ - - _ •* - tified several challenges that lie abseil i#re shift!f! is eiitaf�+3iptlr ;tx liar er oe rc3es and lwu trey are - sponsibiIi fix human services from the t i�tr nd :.li4etn p itnn- ►reat=; __• 10 the state and local level,increasing cam ti '`� x- ''%"_"` _- oilers,and major changes in the characteristics ott~s u�ibtma6ori Est err' utnan needs and population. - - ;. -- T _ rces will beassentiai to t dting a,propnate and efficient fir; -_� „ , Wiz., n i4. - ;. - - piu� ie. �ontrii�tirs tci die r-1-3......-!--,-__, _i `- ♦_ vi-ai *4.--r;=,' c ley.;1. .�v. =� . '� .'s. v,.T ...y. 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Lam- - - ♦ _ _ �xy..,:�- +•._ ..T jay.ry td - _..Ti-�' . . • - _ . -- - - -'. -. - te r_,- -.Yj e • - '" '-_�v_ ..,- .. -Y - __ _ ; .4,7:.1., - .: --. _-._-_ -c, - --.,sk„-a -_' .•-'--*r.r�._ y,. vs;_ �`yv:.-<aa..-. -- - - _ T'- i 2?-_: _<.�if:-.'`., _ _- - - '3` _ .• --` •x"ay4✓:<es..p. :1 w...+t'..: .Awn - +:='w,, _• '....7- ^ ' _ ' - - - of-r ,•�- °.r .r . ,y«,. ar - " 'E'r -i - - ;-- -s-ue .+-•a' T - T 3 a 1m - . y- ▪ a- ,E r _ C . c ..a+`i 'a YV . -+,+'l -" 4_ •_ . 4•• - '-' i _ . : `y:. - ; ' _ - ,, • '• - . - ce.- ^ y F ^Pr'+✓ z -k--. .,%:.-:-. e,-.f▪ •.3i✓F 'sFaa1t.Al ,- ,r.” ▪r 5- •«Yw'c _ _z + - " s- x -,-- ,`^ .f" . - cl▪ttl--i-: -a,:.�, • �� _ ma .▪c z .• ..._ e - : - - i` '' '.•♦-s��u.- dfa u• -- .. - e.' ,rt �' _ x �' ` a u '�: �+S.E r 4d .w t' ..,. , - 3- __ vy aa?'7'x.•*#'.!1!--.7,:':7-'-i.- _ - _ _• css '�j' __. . .;� •w _ 4 -i".-y'%L,. -••..et ,�ry Yc s �'''---:.7 --4-.:1-:":-' s � `}y# s -- , ate _ y .1* ''-' Y R ? xz+ �1 1 -$ `4` r 4...C•-•:-.7-P',"rt- u`171t4.v" =a-'*..y.r - t.. - _ fix A•a } -�-�.- i » . -.:... � e r "•.,., . •" t--�' - � te ,� " 't A AA " '�-d rt. - -•-•,. 4- =- .+. a_ - __ s x � < „ ' � €• sr., = s, .a ▪ s ? ,...r . a'te+ -a- ar «:s,-�.s.3� Y _ • + ; 1 -=-14.-:-.A-7---.7!; '- ay -z<� ' . y' _`.. '�'r - , z . =ETROPOIATAN tee, 1 - • _ - ' ' 3k?aul.�Ithrnanwo 33101' ��• ., 4 , , =r ;r+= :t Est i ublic�ion;t+lo 310 90-1_01 a .4. . ' '4• . . ,�'' °- • u ` : _ _ ..- . _ _ _ •.,.5_v'.2.gy- �-'-.e iYF -'.';':4:1'.-11-k`-` i:St x1.Yr ..�2S a4' ,.}!h � '� <"'^r • _ _ e- --4 - -A . fin`,....,�.*_ '',.. f'Y' -_'ice -c 4,3<^ -9Pa ,is y=am-. _',d,'.-_ _ s ue"-,-s - '� -' 'a"may,_r;;?F ti_;.:" E*,. `°.f'i j'.-.A� 3= 4�s €.- `.�'P ft' -. ,:s. r - _ .`t'•K--"v _'.+..,'•..i'y -.ecr-,...n61--.. _.___�.c>�- ^Le4ei.�..:3-..�r a �- _ - .. mot_ -- AM -MINN SOTA HISTORICAL SOCIETY ETY -- FOUNDED IN 1849 fort Snelling History Center,St,Ppul,MN 551 t 1 + *12)726-1171 18 June 1990 il _ The Honorable Don Chmie], II Mayor of Chanhassen 490 Coulter Drive Chanhassen, Minnesota 13317 - jDear Mayor. Chmiel: - -- -- - - - -- The State Historic Preservation Office has been contacted by a II resident of Chanhassen and asked to review the eligibility of her "Chaska Brick House" for nomination to the National Register of Historic Places. The property is one of four brick houses located • on Audubon Road in Chanhassen. . II As you are aware, the early settlement and agricultural history of Carver .County and the Chanhassen area is highly evident in the II farmsteads and brick houses which give Carver County a sense of place which is like no other in Minnesota. The historic manufacture and use of "Chaska Brick" gives Carver County a II historical identity which sets it apart from. other metropolitan counties. For these reasons, we encourage the city of Chanhassen and others who are involved in the future planning efforts for II the city to take into consideration the preservation of these jrrepiacable historic properties and landscapes which combine to make make Chanhassen unique among Minnesota communities. I If the City of Chanhassen is interested in establishing a preservation commission which Can assist in the development of a preservation plan, please do not hesitate to contact this office I for information. If we can be of further assistance, please contact us. • .I - Sincerely, • . M .....„..,44m0.-414.„ . Susan Roth National Register Historian 11 I - State Historic Preservation Office 11 - . • ; 1 1 CITYOF ..4. ft - t . -s Ai LIBANBASSEN I `_, 690 COULTER DRIVE • P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 ' 4,- lAle•; (612)937-1900• FAX(612) 937-5739 II IIMEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Paul Krauss, Planning Director (R* DATE: June 20, 1990 IISUBJ: Response from the Planning Director Concerning Issues Raised by Eric Rivkin Concerning Outlot A, Lake Lucy IHighlands Attached to this memo you will find two reports from the Senior II Planner that were prepared in response to letters drafted by Eric Rivkin concerning the status of Outlet A, Lake Lucy Highlands. Mr. Rivkin has raised a large number of issues ranging from concerns over the accuracy of registered surveys submitted to the City I several years ago, to the validity and administration of the City's Wetland Ordinance, to his possible use of legal measures, and accusations that the developer was misleading in that the property I would never be developed, all of which were designed to ensure that Outlot A remains unbuilt. We have attempted to respond to each of his concerns in writing. We have also taken it upon ourselves to II revisit the site on two occasions, second of which was with a staff person from the Fish and Wildlife Service. Our site visits, review of submitted materials and review of currently available data lead us to conclude that the property in question represents a buildable 1 lot. As such, we see no reason to question the City Council's actions from several years ago which serve to establish this lot as a buildable site. We are not •sure how to .proceed in this matter. I There is no formal action that is required from the Council at this time. There may be additional requests from the property owner in the future relative to wetland alteration permits or when the home II is proposed on the property. 'however,-until that time, unless the City Council places this issue ,on, an agenda for some action, we believe that there is nothing further that staff responsibly can or should be doing on this matter.. at this time. Responding to Mr. I Rivkin's concerns has required a fairly extensive amount of staff time. Short of having the property completely resurveyed, there is no new information that could be supplied. We do not believe that II the City should be required to absorb the cost of this survey, if one is to be undertaken, nor do we find reason to require the property owner to do so since one was already prepared. We are I II 4 i IDon Ashworth June 20, 1990 Page 2 Ilooking for your guidance on this matter but unless directed to undertake further work by the Council, we will consider this matter closed. 1 I 1 1 I I 1 I • I I I I I . . I I I CITY OF 1 , # , . 4,, or , ,,... r.,tvt. . 44.1. 04 CHANHASSEN ' 44-.- ' �P r 690 COULTER DRIVE• P.O.BOX 147• CHANHASSEN,MINNESOTA 55317 'V-4 II /Aft- (612)937-1900• FAX(612)937-5739 IMEMORANDUM TO: Don Ashworth, City Manager IFROM: Jo Ann Olsen, Senior Planner DATE: June 14, 1990• ISUBJ: Second Letter from Eric Rivkin dated June 8, 1990 in Reference to Outlot A, Lake Lucy Highlands The following addresses comments made by Eric Rivkin in his June 8, 1990, letter. The numbers and following comments correspond to the numbers added in the left hand column to Eric Rivkin's letter. 1. The City did not "change". the Wetland Ordinance. The City always had jurisdiction above and below the ordinary high I water mark, but during Eric Rivkin's wetland alteration permit review, this jurisdiction was questioned by the applicant. To make it clear, we amended the ordinance by adding wording to I that effect (Attachment #1) . "Therefore, what we did was not inappropriate." 2. As the Wetland Ordinance states, the wetland map is not the I only means of determining a wetland and it is never used to determine a wetland edge. Staff always visits the site with a Fish and Wildlife Representative to determine the wetland I edge. Mr. Rivkin is correct in stating that wetland edges can go beyond an ordinary high water mark and staff does not just use the ordinary high water stark when determining a wetland I edge. in fact, the City just reviewed a wetland alteration permit on Lotus Lake where staff recommended removing fill beyond the ordinary high water mark and restoration of the wetland to its original limit (Pfankuch/Frost) . For the I subject site, the ordinary;high water stark closely matched the wetland edge when staff reviewed the site and it was agreed that the ordinary high water mark would be used for the Iwetland edge. 3. The DNR has established ordinary high water marks and 100 year I flood elevations for lakes in Chanhassen (Attachment #2) . Lake Lucy has an ordinary high water mark of 956.1 and a 100 year flood of 957. Staff has contacted Mr. Hovy since he is who Eric Rivkin used as a contact for DNR and confirmed that I 4 "' Mr. Don Ashworth June 14, 1990 Page 2 the elevations we have are correct. 4. The Zoning Ordinance states that the setbacks for septic ' systems in the wetland is 150 feet from the ordinary high water mark (Attachment 43) . Mr. Rivkin is quoting 200 feet which is an old ordinance and was revised on October 5, 1987. The ordinance was amended from 200 feet to 150 feet after working closely with Drs. Machmeier and Anderson, who are septic system experts. Staff found that 150 feet is more than ' adequate for separation between a septic system and a wetland. 5. The ordinance states that any alteration within 200 feet of a Class A wetland requires a wetland alteration permit. This does not necessarily mean that there will be alteration to the wetland. What it states is that if there is any alteration within 200 feet of a Class A wetland, a wetland alteration ' permit is required. Staff stated that a wetland alteration permit may be required if there will be development (a house) within 200 feet of the wetland. Should the driveway have to ' cross over the edge of the Class B wetland, a wetland alteration permit will also be required. Again, this process is a public hearing which allows the neighbors to have input on the process. ' 6. Using the survey shown by the developer and also visiting the site, staff feels that there is room on the western edge of ' the property for a driveway to be located without changing the drainage pattern. Staff has overlaid the plat for Lake Lucy Highlands onto the aerial and topography plans flown in 1989. Again, it shows an area approximately 20 feet wide where a driveway could be located outside of wetland vegetation. There is a strip of wetland vegetation (Class B-canary grass) along the ditch adjacent to Lake Lucy Road which the driveway ' would have to cross. This vegetation is a result of the drainage ditch and Larry Smith of Fish and Wildlife did not have an objection to a driveway with a culvert crossing the ' ditch. 7. The City is not aware of what was said between the developer and owners of the lots in Lake Lucy Highlands. If there are ' covenants that state exactly what Outlot A will be used for or will not be used for, that is between the residents and the developer. The City does not get involved in the enforcement of covenants and restrictions. 8. The specific conditions of approval for the Lake Lucy Highlands subdivision did contain a condition that there shall be no wetland alteration. This condition was in reference to the overall subdivision relative to the location of streets, drainage, etc. Every land owner in Chanhassen has the right ' to apply for a wetland alteration permit, as did Mr. Rivkin when he applied for a wetland alteration permit to dredge a channel through the subject wetland for access to Lake Lucy. Therefore, the owner of Outlot A has the right to apply for a i T II Mr. Don Ashworth June 14, 1990 Page 3 IIwetland alteration permit. The fact that a wetland alteration permit is applied for does not necessarily mean that it will I be approved. The drainage on the site that Mr. Rivkin refers to would of course be required to be maintained and will be able to be maintained even with the addition of a driveway with the use of culverts, etc. II9. Staff has again visited the site on June 15, 1990, with Larry Smith of the Fish and Wildlife Service to determine the edge II of the wetland vegetation. The Class A wetland containing cattail vegetation is close to Lake Lucy's open water. The Class B wetland extends beyond the Class A wetland with reed canary grass. Larry Smith felt a driveway will be minimal Iimpact if it did cross the west edge of the wetland. 10. As Mr. Rivkin should note from his past experience with the I City, the City does not have a "slipshod" ordinance fwd nor do we allow the developers to get away with "hurting" wetlands. As stated before, we normally do go beyond the ordinary high I water mark and use the edge of the wetland vegetation as the definition of a wetland. We never have allowed the filling of a Class A or B wetland unless there were no alternatives and there was a no net loss to the wetland. Staff takes offense II at Mr. Rivkin accusing us of having a poor wetland ordinance and a poorly administered ordinance, when in fact we are known throughout the metropolitan area as having one of the better I wetland ordinances and enforcement of such and are constantly used as an example by the Corps of Engineers, Fish and Wildlife Service and the DNR. I11. The City Council is aware that staff is proposing to review the current wetland ordinance and map to update and make appropriate amendments. We have supported the use of a storm I water utility fund or other funding mechanism to help pay for this work. While we would anticipate revisions being proposed to the ordinance we believe this should be undertaken in a II comprehensive manner and not in response to a homeowner's concerns over a single lot. SUMMARY IIAfter review of the site and data again, staff still feels a home and septic site could be located on Outlot A. There is no question I that Outlot A has restrictions and that the home and septic system will have to be carefully designed and placed on the lot. The Class B wetland does extend more north then shown on the survey II provided by the developer and used by staff, but the westerly boundary is still correct. This results in the driveway crossing an edge of the Class B Wetland but the building and septic site setbacks could still be maintained. The owner of Outlot A could II pursue a cross easement from the lot to the west to allow access to Outlot A on the higher dry land. 1 NOTE: If we were to use Eric Rivkin's suggestions of using the 960 =Y- t' I Mr. Don Ashworth June 14, 1990 Page 4 ' foot contour for the edge of wetland a 200 foot setback for septic systems. Both Mr. Rivkin's primary and secondary septic sites on ' his lot would be within 200 feet and would not have been permitted. Mr. Rivkin's suggestions would make his lot non-conforming. I 1 1 I 1 1 1 1 I • _ _ q image 1of3 ,or,Mn55331 _ _ _.��_ _ o:Don Ashworth,City manager - cc:Chanhassen City Council Members CeilStrauss,DNR Hydrologist Dear Don: ---- 'hank you for your staff taking time to respond to my May 16 memo regarding proposed - --improvements to the wetland ordinance and the issue with outlot A. 1.Regarding Outlet A,Lake Lucy Highlands: I still have very strong reason to believe that the wetland boundary indicated on the - survey of outlot A is grossly incorrect,and when corrected,would create unacceptable - • _ setbacks for a septic drainfield,and would prevent filling of the wetland.I believe the .ordinance does not need to be changed to affect this.I admit it would help this case by having a clear definition of a wetland in the ordinance,but I will make no excuses for placing the two issues together.It blends the interrelationship between an ordinance's purpose and a real test case together in a healthy and more efficient debate.The intent of the ordinance is to protect wetlands,which by all reasonable assumption,includes those above ordinary high water,making the wetland boundary and setbacks on outlot A still at issue. After all,they considered amendments to the ordinance based upon one lot's test case when I obtained a permit to dig a channel in the wetland to get to open water. The result was the loophole concerning jurisdiction over wetlands was closed by establishing the OHWE for setback determination.Do you call that inappropriate? Where do the wetland boundaries exist on this lot?This surveyor and each city official P2. has a different opinion.There seems to have been a lack of proper guidance because there is no clear definition spelled out in the ordinance.I have reason to believe that slipshod research took place that prevented "appropriate technical information deemed necessary for the city to determine the exact wetland boundary"to come forward.I also have reason to believe that the city council violated Section 20-405 by not determining the wetland area on outlot A"based upon the wetland map,the definition of wetlands and the intent and purpose of the [wetland ordinance] article."In addition,at the time of these hearings on outlot A,the OHWE contradicts all three factors in this case.I'd like to see what the City Attorney has to say about that The OHWE,956.1 was correctly indicated on the survey,but was marked"edge of wetland". Other official maps available to the City and the surveyor,show the wetland well beyond the OHWE, and if wetland experts'methods of determining physical wetland were employed,it would indicate clearly that the OHWE is II4a the wetland boundary.Evidence of this was apparently ignored by both the city,the developer and his surveyor,Gary Gabriel.Ms.Olsen took liberty on a map in the May 31 memo to show me that setbacks still make the lot buildable even if the wetland edge is extended to the 100 year flood elevation.But it still doesn't take into account site evidence that the edge still goes beyond that.Even the planning department's own maps show wetlands going further inland to Lake Lucy Road.(Van Doren has one map I saw last Wednesday.) Let's begin to look at the visual evidence at the site. According to the USFWS (Cowardin et al system,1979)definition of a wetland which is also used by the DNR to determine the physical boundaries of a wetland(Tom Hovey, DNR Hydrologist),the area above the OHWE to the Lake Lucy Road embankment A. Supports marsh grasses,regarded as hydrophytes.(A DNR expert could have .JUN 11 1990 determined this easily) - 1 B.May have predominantly undrained hydric soil sample(soil tests done by the CITY.OF CHANHASSE Corps may have already been done since many maps indicate this as marsh-would prove C.Is saturated with water or covered with shallow water sometime during the growing -- _ ,wow of each year.(Anyone who knows what water looks and feels like can see this for = _. = elves today,but if you want it official,DNR an d Corps of flag.could confirm this too) ---- --- - _-- There is also other evidence that casts doubt on the credibility of the survey the city relied on -- for its determination of wetland boundary.The surveyor has incorrectly mentioned the "Ilighest known water elevation is 957 according to the records of the DNR",but Tom Hovey 5 of the DNR said that elevation is in fact 960.4,recorded on Oct.13,1977 on the Riley Creek Watershed 1981 Engineers Report,Summary of lake elevations,Table Cl,also recorded at the DNR.Mr.Hovey also said there is no evidence in the file that anyone from the DNR was involved in assisting either the surveyor or the City in determining the wetland boundaries on outlot A.Someone at the Gary Gabriel's office told me that their practice is to take into consideration DNR records on aurveys.However,it appears records available at the time were not considered.Especially when setbacks are an issue,it seems to me it would be in the fugk -city's best interest to require a registered surveyor exercise his professsional responsibility to make an extra effort to get the wetland boundary and high water elevation right the first time. _ Ms.Olsen's adjusted map in the May 31 memo indicates a 150 foot setback for a drainfield, when the ordinance states clearly 200 foot setbacks. I fail to see how Ms.Olsen can justify that"we are comfortable with the buildability of outlot A without—having to allow any alteration to the existing wetland or variances to required - Osetbacks"and then say in the next paragraph that"the outlot will most likely require a wetland s alteration p tiermit"!.The City Attorney,in a May 25 letter to JoAnn Olsen suggested that i variances be used in a wetland alteration permit in this case.Doesn't he know that as a Ilk condition for approval of this plat that no wetland alteration would be permitted?Even if the � setbacks for a house were acceptable,the site cannot support a residence because there is no O concievable solution for an access from Lake Lucy Road that would not alter the wetland. Setbacks,then,are a moot point.For at least the first 100 feet hum the road,a potential driveway would not be allowed because it would fill in a big portion of the drainage area and f the wetland. Ms.Olsen also implies that the city agrees with the owner's reasoning that the use of the lot by the residents would result in alteration to the wetland to gain access to the lake,and concluded 61 that environmental impact to the wetland would be less if there were a house there.On the contrary,trying to gain access to express riparian rights is actually more likely to happen with a homeowner there than a neighborhood wanting nothing done to the lot other than to put a walking path or picnic table on it.The fact is,the developer came to his own conclusions about lot usage for the residents without ever consulting them. Some see this as a breach of the developer's own covenants.Past history with my wetland alteration experience should have influenced this reasoning.The residents of Lake Lucy Highlands expected that the Outlot A remain as is,that's why/we bought lots there. I think it's extremely unfair to both the homeowners of Lake Lucy Highlands,and to the owners of Outlot A to wait until a wetland alteration permit might be submitted,as Ms.Olsen • suggests,to make sure that alteration to the Class A wetland is not allowed.No alterations • 8 were a condition also imposed on the developer by the Council.The ordinance spells it out: 1) the natural flood storage capacity would fall and 2)natural stripping capacity could be *diminished to an extent that it is detrimental to Lake Lucy. There is a storm water culvert there with a wide drainage area into the wetland,and is my understanding that it cannot be blocked,and no drainage area may be filled.You can bet that the wetland boundary and the condition imposed not to alter the wetland will always be an issue,and it would be a shame for - the owner to find out the lot wasn't buildable after all is said and done. I suggest that Council direct staff to get advice from Ceil Strauss,our DNR area hydrologist, and Vern Reiter from the Corps of Eng.to determine,where this wetland boundary is,then quickly rough out the setbacks again to the edge of the real wetland,then take it from there.If necessary to further confirm wetland boundary,soil samples along the edges of the wetland could be studied by the Corps to confirm hydric soil state.It a good idea to get it done for the wetland map anyway,since this is such a large and important wetland on our lake. a s Page 3 of 3 2.Amendment proposals to Wetland protec$oa ordinance- -'The intent of the ordinance is to protect wetlands,and OHW and 100 year flood elevations do not always define natural wetland boundaries.Regardless of what happens 16 on Outlot A, many other lots will also face the same situation because of the ordinance's • shortcomings with definitions.Both Ceti Strauss and Tom Hovey of the DNR told me that it is commonly known that if the OHW or 100 year flood elevations are used to define the edge of a wetland,it will definitely not protect all wetlands in our class A - category,and in Tom's opinion, a poor choice for trying to use it as a definition or a boundary. A wetland protection ordinance without a clear definition of a wetland and its boundaries is ridiculously bad law,allowing builders to easily use the loop hole because slipshod definitions in the ordinance allow them to get away with hurting wetlands. I think the ordinance should go beyond the OHWE and the 100 year flood elevation to include the fringe wetland areas that are indeed wetlands that the ordinance's purpose is already set up to protect. In addition to a reliable wetland definition similar to the USFWS Cowardin system I outlined in the May 16 memo,care should be taken to define the fringe wetland areas. After talking with Tom Hovey and Ceil Strauss,I hereby change my suggested wording for consideration of the Council for amending setbacks in Section 20-409 to say, For septic setbacks,"200 feet from the OHWE, 100 year flood elevation,or the natural wetland boundary,whichever is higher in elevation". For setbacks for structures,"75 feet from the OHWE, 100 year flood elevation,or the natural wetland boundary,whichever is higher in elevation". For lowest ground floor elevation, "3 feet above the OHWE, 100 year flood elevation, or the natural wetland boundary,whichever is higher in elevation". Ms.Olsen in her letter incorrectly stated that I requested that setbacks should be increased to 200 feet for septic systems.The ordinance already says 200 foot setbacks. I look forward to seeing this on the soonest available agenda for public discussion.Please notify me when or if you would like me to make a visitor presentation on this. I would appreciate another response on the outlot A matter also. Thank you for your patience and consideration. Sincerely, Eric Rivkin if T1:. WP• d + I ,y'"r,. k •1 • No ,. . •.... me. '" •��+_ „.. .4‘ 2 - * r 2 . .. ., ..., ..• ; , ....... . .. %,/ . .. ,,,, .,,..: '44 '''' 4 I. s .••' 6 , t h, �,• �. ,� • .,•ri+>'•• r••. (• . S • „ bait *Y.. a Geis ' . 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Gr 1 i, ff • '• • 1A t • se - 10 10 4,41.6 aie I, /*.:* : �wi1M•Iit.i.M • • •. ,• M* 1a.o�l iiii, N r mss• s: ..,••'•;i 6 • �-�-• + s OS ,, .. „1„ �: • 001. °' 1 iiii 4 'p t *1: 1?* .VIV. 0 ' ‘'\ *I 0. . ; Oa.AI t 1 A tu ...A . , .7.....i go .•str it -Nn i1/4 1 Tit ft, tlf,I t t. \ t i 4 a ; i y„,13/41, .., ,,.„ 1 t A . r. t% t � a. *'sue :ga rs i 1 Qg2 4/ ice- ....—E• . , 1p,- .1 t II I I d!I i 1 1."—j r or.POPP:411rill _. ■-.‘.‘ J ,.. , ‘ Nip/ AMIN Wimm■4kA: 1 ' w \t p .4P°-:' r-----411.1diebet in . b. r ' '"�-- --`" -r ,,0,f _ I / r J '. > /..,„„ ty• .; �y ,— . `- / , .� I 1 • ` , . _ / ��,�, r,,,rr„ , ox's"'i es ..,ter-I h-- • . 6 . • • .. •• • 6. ••••••'''''.....‘<s.S.•• O • Vii 1 �--- / .V 1 tlo ilo T i. • ,•. • I -0 4 , .„.. • , I ,,.... , ,I �,: � s +•,1,741% U •, /'I 11 • ..,••• -.,,, .,'::�• '�/.4:41.,,,7,.; :•;:..-4(4.--', \\ ti 4 .1 .1%-4, "t T' ,, • ;. ,,/ , , � —Ar.� - • .; , .;- . • + , !n4ck.'''« • 1 � r �;i�� �-,∎ - � �/ ,r, •� \ '41 A vi v. vIV't....!! ,. ,„ • % . r -72ON NG - -4 20407 responsibility otherwise imposed by law for damage to persons.or property; nor shall the issuance of any permit serve to impose any liability on the city or its officers or employees for injury or damage to persons or property. . (Ord.No.80,Art.V,i 24(5-24-12),12-15.86) Sec. 20404. Establishment of wetland areas. ' Lands lying within a wetland area shall be subject to the requirements established herein,as well as restrictions and requirements established by other applicable city ordinan- ces and regulations. The Wetland Protection Regulation shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.The wetland map,entitled"Chanhassen Wetland Map"dated May 22,1984 is hereby adopted as . prima facie evidence of the wetland areas and an official copy is on file in the office of the city clerk.Land within the wetland areas shall be classified as class A wetland or class B wetland as delineated on the map. (Ord.No.80,Art.V,1 24(5-24-3),12-15.86) ISec. 20405. Determination of wetland area. An applicant for development which may be in a wetland area shall bring this to the city's attention.,guired by the city, the applicant shall provide appropriate technical ( infer. ;r�li,rl;n¢but not limited o,topographical survey and soil data deemed neces- sary for the • ine the exact wetland boundary.The city council may exempt land om the wetland regulations if it finds that the land is not in fact a wetland.The city council shall make necessary interpretations concerning the wetland area based upon the wetland I mja ,the definition of wetland:and the intent and purpose of this article. (Ord.No.80,Art.V, 1 24(5-24-2),12-15-86) I Sec. 20406. Variances. The city council may grant a variance from the requirements of this article.In addition,a I variance may be granted based upon mitigative measures proposed by the applicant to recreate, to an equal or greater degree,the environmental and hydrological function of the wetland area that is proposed to be altered. I (Ord.No.80,Art.V,1 24(5-2414),12.1586) 20407. Prohibited uses in class A wetlands. •- sec. 90.40 • - The following-uses are prohibited in class A wetlands: (1) Disposal of waste material including,but not limited to,sewage,demolition debris, I hazardous and toxic substances,and all waste that would normally be disposed of at a solid waste disposal site or into a sewage disposal system or sanitary sewer. (2) Solid waste disposal sites, sludge ash disposal sites, hazardous waste transfer or I ,. - disposal sites. . (3) Septic or soil absorption systems. 1111 . 1189 3 . _ 1: --- .20::::-- ___-- 1:1.:„ I____-7.::::,_-_-,, 1,-----7-7-:=_-- ,---1 :77.,,":17„.:_'_ ,--_,_:-_ .,:_=_-__7_-•;,,, ,-....1_-„_,- -1 • - - _ ICt_ ANASSENIC-ili CODE _ . __ ....:___.:....—__ - --- -- (4) Sedimentation basins for constructron• projects, .. (5) Open storage. - - .. --- * _ (6) Animal feedlots. . (7) The planting of any species tithe genus Zothrum. _ (8) Operation of motorized craft of all sizes and classifications. (Ord.No.80,Art.V,I 24(5-24-5).12-15-86) a II -See. 20408. Prohibited uses in class B wetlands. 4 The following uses are prohibited in class B wetlands: 1 (1) Disposal of waste material including,but not limited to,sewage,demolition debris, hazardous and toxic substances,and all waste that would normally be disposed fiat a i . solid waste disposal site or into a sewage disposal system or sanitary sewer. (2) Solid waste disposal sites, sludge ash disposal sites, hazardous waste transfer or I disposal sites. - . (3) Animal feedlots. - *5 ... . .. , 1 (4) The planting of any species of the genus Lythrum. (Ord.No.80,Art.V,4-24(5-24-6),12-15-86) 1 Sec. 20409. General development regulations. - . I .I Within wetland areas and for lands abutting or adjacent to a horizontal distance of two hundred(200)feet,the following minimum provisions are applicable: (1) The minimum lot area is fifteen thousand(15,000)square feet. i (2) The minimum structure setback is seventy-five(75)feet from the ordinary high water . . mark. Septic and soil absorption system setbacks are two h .. - . (200),set from ordinary .r. C high water mark. (4) The lowest ground floor elevation is three(8)feet above ordinary high water mark. . . (5) No development shall be allowed which may result in unusual road maintenance 03sta or utility line breakages due to soil limitation,including high frost action. \. (Ord.No.80,Art.V.$24(5-24-13),12-15-86) x . . . . Secs. 20410-20.420. Reserved. . 1190 -•-- 44..;..- CITY OF CHANHASSEN Al CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 98 AN ORDINANCE AMENDING SECTION 20 OF THE CHANHASSEN CITY CODE I The City Council of Chanhassen ordains: ISection 1. Section 20-1 of the City Code is hereby amended by adding the following definition: "Public Waters" : means and shall be limited to the following waters of the state: Il) All waterbasins assigned a shoieland management classifi- cation by the Commissioner of Natural Resources; II • 2) All waters of the state which have been finally deter- mined to be public waters or navigable waters by a court of competent jurisdiction; II 3) All meandered lakes, except for those which have been legally drained; I 4) All waterbasins previoulsy designated by the Commissioner of Natural Resources for management for a specific purpose such as trout lakes and game lakes pursuant to applicable law; I 5) All waterbasins designated as scientific and natural areas; 6) All waterbasins located within and totally surrounded by publicly owned lands; I7) All waterbasins where the State of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for IIthe purposes of the public ownership; . 8) All waterbasins where there is publicly owned and II . controlled access which is intended to provide for public access to the waterbasins; and I 9) All natural and altered natural watercourses with a total drainage area greater than two (2) square miles, except that trout streams officially designated by the Commissioner of Natural Resources shall be public waters regardless of the Isize of their drainage area. The public character of water shall not be determined I exclusively by the proprietorship of the underlying, or surrounding land or by whether it is a body or stream of water which was navigable in fact or susceptible of being I used as a highway for commerce at the time this state was admitted to the union. it 1 II :`+ Section 2. Section 20-421 111) of the City Code is hereby amended to read as follows: Digging, dredging, filling, or in any other way altering a Class A or B wetland, including but not limited to such 1 wetlands in public waters lying wholly within the City of Chanhassen. Section 3. This ordinance shall become effective from and after its passage and publication. Passed and adopted by the City Council this 28th day of ' November, 1988. ATTEST: 1 City Manager Mayor 1 . 1 . 4 ATE OF _� A1E X OO 4Q -. iv APARTMENT OF NATURAL RESOURCES 41 A3 1200 Warner Road, Saint Paul, Minnesota 55106 � i23 f` . 1 I.. � .� , , , February 21, 1985 I Ms. JoAnn Olsen City of Chanhassen - - 690 Coulter Drive, Box 147 -- - Chanhassen, Minnesota 55317 IIRE: ORDINARY HIGH WATER LEVEL INFORMATION ' IIDear 10 "sane As you requested, I have developed a list of Ordinary High Water Levels (OHW) and Natural Ordinary High Water Levels (NOHW) for the lakes in I •"' - Chanhassen which are ,identified for shoreland management. We can dis- cuss what elevatioos` to use for the lakes without an OHW or NOHW as they come up in a`development proposal. all elevations are based IIon NGVD, J929). Lake Name I.D.# OHW NOHW OTHER 1 Rice Marsh 10-1 877.0 -- 100-yr 879.0 Riley 10-2 -- -- £ of dam 864.5 Lotus 10-6 896.3' -- 100-yr 897.6 IILucy 10-7 q 5h?.S 9$4.5 100-yr 957.0 Harrison 10-8 / -- IISt. Joe 10-11C Y �y5tt��`d -- Ann 10-12 55H/ 954.5 100-yr 957.0 Susan 10-13 881.8 -- 100-yr 884 I Rice 27-132 699.2 =_ Silver 27-136 -- Christmas 27-137 -- 932.77 ' Please feel free to contact me if you have any questions. t II Sincerely, :y,_ti.AL/ e)EywetA6e4iAA._ _ u y Boudreau, Area Hydrologist Metro Region Division of Waters II JB/ch CITY OF CHANHASSEN I FEC'esIvFQ • FEB 221985 IAN EQUAL OPPORTUNITY EMPLOYER COMMUNITY DEVELOPMENT DEPT I ii i _ �, = �%i ..„... # . . g . ----CITY OF „II _46 - _ it - - f i . .. 1 44. 7 : 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSE , MINN ZA 55317 (612) 937-1900 , fn,ct:e MEMORANDUM Mo�it c9 II TO: Don Ashworth, City Manager Date _� Date Sc'—: -:; .-. C-•,- FROM: Barbara Dacy, City Planner DATE: September 9, 1987' 9'1 .Q? SUBJ: Zoning Ordinance Amendment to Amend the Wetland Setback . IRequirement for Septic Systems From 200 Feet to 150 Feet This item has been considered by the Planning Commission at two II meetings (July 22, 1987 and August 12, 1987 meetings) . Attached are the two reports that were sent to the Planning Commission for their consideration. This memorandum is to summarize staff's position on the proposal from the two .previous reports in order Ito simplify Council review of this item. a ANALYSIS ' When originally considered by the Planning Commission, concern was raised as to whether or sot the 1984 Wetland Ordinance was I originally drafted in error to require 200 feet rather than a 150 foot setback between wetland areas and septic systems. Staff reviewed Environmental Protection Committee minutes, Planning Commission minutes, City Council minutes, drafts of ordinances I and confirmed that the'ordinance in 1984 was correctly drafted to have a 150 foot setback. Copies of these documents were for- warded to the Planning Commission. A copy of the City Council I minutes dated December 3, 1986, was also;#orwarded to the Planning Commission._indicating tb �disicassion that took place by the Council during the Zoning. Ordinance Review process of this item. Therefore,=wit iwas -determined -that-the -original ordinance I in 1984 was correct and that the issue is whether the city should reinstate the 150 foot wetback. ,"' II The Council recommended increasing the setback from 150 feet to 200 feet during the Zoning Ordinance review process. No research on this item was conducted ands uhfortunately, no one could fore- ' see the significant amount of bubdivisions in the rural area that have occurred since January. The Gagne, Vogel and Otto sub- divisions as well as the Lake Lucy Highland subdivision contain lots designed on the 150 foot setback requirement. These lots I will take approximately 3 to 5 years to develop. According to the City Attorney these 30 lots would require variances. In essence, the city would be forced to grant these variances IIbecause of the change in the ordinance. lli won Ashworth -- -=- September 9, 1987 ill . Page 2 - Dr. Rockwell and Mr. Machmeier were consulted regarding the issue of 150 feet versus 200 feet. Both have recommended that 150 feet should be more than adequate (please read Mr. Machmeier's com- m-nts in the Rod Grams subdivision case regarding this issue; II next item on agenda) . Further, the Shoreland Ordinance is also based on the 150 foot setback. Whenever possible, similar ordi- nances should be consistent to not only avoid confusion but also I .to withstand a legal challenge. PLANNING COMMISSION ACTION -1 The Planning Commission tabled action on the item at the July 22, 1987,- meeting. The Commission on August 12, 1987, unanimously recommended approval of the zoning ordinance amendment 487-5 to I 'amend Article V, Section 24 (13) (3) , the Zoning Ordinance to read as follows: 3. Septic and soil absorption systems setbacks 150 feet from IIthe ordinary high water mark. CITY COUNCIL RECOMMENDATION IIStaff recommends the Council adopt the Planning Commission action as noted above. Staff maintains that this amendment process is merely one to ensure consistent regulation practices and to avoid II future variance requests which the city is forced into granting because the lots were designed based on the original setback. IATTACHMENTS 1. Memo from Barbara Dacy and Jo Ann Olsen dated August 6, 1987. I 2. July 22, 1987 staff report. 3. Planning Commission minutes dated July 22, 1987. 4. Planning Commission minutes dated August 12, 1987. II 5. City Council minutes dated December 3, 1986. II NOTE TO COUNCIL MEMBERS: If you would like to review the Environmental Protection Committee minutes and ordinance drafts through the preparation of the original Wetland Ordinance, please Icontact my office. I I t . 4,t1 - • - 'CITY -OF •' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 MEMORANDUM - - TO: Planning Commission - 4 11X) FROM: Barbara Dacy, City Planner --"X IJo Ann Olsen, Asst. City Planner DATE: August 6, 1987 II SUBJ: Zoning Ordinance Amendment to Amend the Setback Requirement for Septic Systems I Concern was expressed at the last meeting regarding the Zoning Ordinance Amendment to reduce the setback for septic systems from 200 feet to 150 feet. It is hoped that the following can clarify I the confusion that appeared to be expressed by the Commission members. In preparation of the report for the last meeting, we researched I the file on the wetland ordinance and contacted Mr. Machmeier and Dr. Rockwell as to their recommendation. We found that the set- back had been 150 feet in every draft of the original ordinance I and found that it was intended to match the shoreland regula- tions. We confirmed this will Bill Monk, Bob Waibel and Scott Martin this week. Mr. Monk advised that he remembers that the I wetland committee did not want a greater setback unless specific documentation existed to support it. We -also knew •that at the December 3 , 1986 , City Council meeting on the Zoning Ordinance that the setback was increased from 150 feet to 200 feet at a I suggestion of one of the Council members. - We wish that we could have forseen the complications that it would cause and we wish we had the expertise and knowledge of .Dr. Rockwell and Air. Machmeier to have commented and prevented this amendment. Attached is all of the drafts and minutes from the file for Commission inspection. At the time -of -preparing the last report, I we felt that this was a voluminous amount of material and was not necessary. However, it is apparent that verification was needed to prove that the setback requirement for septic systems was not I only intended to be 150 feet but in fact was approved as 150 feet. Commission members are also welcome to review the files at City Hall. (We have spoken to Susan Conrad and unfortunately, I have been unable to speak with Dr. Sosin. They will receive copies of this report.) 1 I ) a Planning Commission August 6, 1987 Page 2 11 s The Wetland Ordinance does require that development within 200 feet of a wetland receive an alteration permit. It also requires that development within 200 feet of a wetland needs to meet the minimum lot area and structure requirements. These thresholds of t 200 feet are not being changed. As can be seen in the attached drafts of the Wetland Ordinance .and the officially adopted ordi- nance in 1984, the 150 foot setback for septic systems was the Ioriginal setback. This amendment process is merely one to insure consistent regula- I Lion practices (Shoreland Ordinance and Wetland Ordinance) and to avoid future variance requests which the city is forced into . granting because the lots were designed based on the original setback. This process will not weaken the ordinance; in fact, I given Mr. Marchmeier's comments, a closer look should be taken at evaluating soil quality and type as a determinant of septic system location. IRECOMMENDATION Planning staff recommends the Planning Commission adopt the Ifollowing motion: "The Planning Commission recommends approval of Zoning Ordinance I Amendment #87-5 to amend Article V, Section 24 (13) (3) of the Zoning Ordinance to read as follows: I 3 . Septic and soil absorption system setbacks 150 feet from the ordinary high water mark. I I I . I . I ' ITY OF F ti• DATE: July 22, 1987 t \k., -'U llAHAN ex.. SATE: -August 3, 1987 VASE N0: 87-5 ZOA t Prepared by: Olsen/v il ji STAFF REPORT 1 PROPOSAL: Zoning Ordinance Amendment to the Wetland Setback for Septic Systems :111■■ I <A . V LOCATION: CI. CI" APPLICANT: IQ II IPRESENT ZONING: ACREAGE: . I DENSITY: • II ADJACENT ZONING - AND LAND USE: N- S la for E- 1a w- . WATER AND SEWER: I�- IIPHYSICAL CHARAC.: 1990 LAND USE PLAN: I " II I I 1 I 1 1 I 1 1 1 1 1 1 1 1 1 , 1 1 I ( Zoning Ordinance-Amendment July 22,22, 1987 - _ Page 2 ANALYSIS 11 As part of the creation of the new Zoning Ordinance, adopted by the City Council on December 15, 1986, the wetland setback for septic and soil absorption systems was increased from 150 feet to 200 feet (Attachment #1) . Staff is requesting the Commission and Council consider amending Section 5-24-13 (3) of the Zoning Ordinance to reduce the wetland setback to 150 feet. The 150 foot septic system setback was originally established in the 1984 ordinance as it was in conformance with the DNR ' Shoreland setback for septic systems. The DNR requires a septic system to be 150 feet from the ordinary high -water mark of a lake (Attachment #2) . In the past six months, approximately 30 lots have been approved with a 150 foot septic system setback from a wetland. Typically, two years after acceptance of the development contract, the affected lots must conform with the current regulations of the Zoning Ordinance (Attachment #3) . If the affected lots are not developed within two years of the development they will have to have a 200 foot setback and some of the lots may not be able to conform. A variance application then 1 becomes necessary. Although an additional setback would further protect the wetlands, staff is concerned with the impact to existing rural lots. The ' city' s consultants (Roger Machmeier and Dr. Elizabeth Rockwell) have confirmed that a 150 foot setback is adequate to protect a wetland from any contamination. The 150 foot setback is in con- formance with the DNR regulations and provides enough separation to protect the wetlands. The increase of the setback to 200 feet could be deemed arbitrary. Consistency and reasonableness of ' regulations have always been concerns to the Commission. The amendment would serve these purposes and would aid in enforcement of these regulations in the future. ' RECOMMENDATION Staff recommends amending Section 5-24-13(3) of the Zoning ' Ordinance to read as follows: 3. Septic and soil absorption system setbacks 150 feet from the ordinary high water mark. IF ATTACHMENTS ' 1. Section 5-24-13(3) of 'the Zoning Ordinance. 2. DNR Shoreland Ordinance adopted by the city. 3. Copy of draft development contract. I 1 1 1 1 1 r:( . - • { _ r .. . .. ... .-. :: .... • _ rin S.3 -STIORELAND MANACEA3ENT i ! applicable Local government regulations in terms of size, construction, use, C r and maintenance. . (cc) Location and installation of a septic tank and soil absorption system shall be such that,with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance,endanger the quality State. 1 • domestic water supply, or pollute or contaminate any waters In determining a suitable location for the system,consideration shall be to the size and shape of the lot, slope of natural and finished existing or permeability,high ground water elevation, geo logy,proximity future water supplies,accessibility for maintenance, and possible expansion of the system. ens shall be set back from the (dd) Septic tank and son absorption syst the set b waters' ordinary high water mark in accordance with th_class of public : (i) On Natural Environment Waters,at least 150 feet: (ii) On Recreational Development Waters,at least 75 feet;and (iii) On General Development Waters,at least 50 feet. . I (ee) Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage: (i) Low,swampy areas or areas subject to recurrent flooding; I (ii) Areas where the highest known ground water table.bedrock or impervious soil conditions are within four feet of the bottom of the system: and , (.. lc_ (iii) Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground. (ff) Municipal shoreland ordinances may require vi ,or allow a t or gas a methods of sewage disposal such as holding tanks, p • ' incinerators, biological and/or tertiary waste treatmer.t plants or land dis- posal systems,provided such facilities meet the standards, criteria, rules, and regulations of the Minnesota Pollution Control Agency and the Minnesota Department of Health. I (gg) public sewage disposal and commercial,agricultural,solid Waste, and regulations ns of the disposal shall be Pollutiosubject Control Agency.standards,criteria, rules, I (e) Subdivision Provisions ` . (1) Land Suitability No land shall be subdivided which is held unsuitable by the municipality I . for the proposed use because of flooding, inadequate drainage, soil and . rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage dis- posal capabilities, or any other feature likely to be harmful to the health. ' safety, or welfare of future residents of the proposed subdivision or of the community. (2) Inconsistent Plats Reviewed by Commissioner AU plats which are inconsistent with the municipal shoreland ordinance shall I 10 rt . j I - or rice tout Scram in=off-o jd can be psrmittsd s hand. ACTION S. ACCESSORY aTRUCTURPS °' ' . - - the Comcd when oonadai g• eppbadoss Ad oco ids. •4 S-1 41 detached aeoeuc aerate,except a did,dal be basted i t6S • -`7. i addition to the following,ap,ltioameot of ieaeased naoff -baYdable be area a..¢sited near yard.No accessory use or structure • epporumity to all taethmd pommy within the ahrroanding wetland fa any'salads!district shad be bored in de'squired front or side KI Ct SM. lard. •A. Storm wrier Miff foss a deveopma may be elsected to 45-2 A detached accessory atrsaate may osopy not more than thirty pa- • : s; • the we anad only when free of debris and sebaatiady free lint oft)of do area of any ter estd,provided that no detached • :,;•c b - dab®Sol pollutants and act,sod nab at rates which do as acdsory areesee tad be piaosd carer than five feet from ay mar ' -2. f disturb vegetation or increase turbidity.Shea flow and other Jot line. :, n.,,J, - overlaid drainage of runoff shad be encouraged. 4-S-3 .M any musidenial district.ao saoseory budding or structure that be•' =off B. The proposed action shad ter not cause storm warm erected or constructed prior to the erection or construction of the prin- P • the wetands to take place at a rate whirr would materially dpd or main bolding but may be erected simukaneoud y. ::C - exceed the natural ram. SECTION 6.SINGLE FAMILY DWELLINGS • t` -,,,. • C. The allowed total Mara=runoff.in combinatios with the Al single family demued honer shall: ....•_ w. total fill allowed,'hall not eswe total natural flood storage 44.1 Se constracyed ape a continuous perimeter foandatioa that to the - -capacity of the wetland to id below,or fall below further, segniraneatc of the Spate Uniform Budding Code. - the projected vohene of runoff m the whole developed 44.2 Conform to the fallowing standards for lidos areas: wetland wasenbed generated by a S3 inch rainfall in 34 haws. I..ODe story randier design-960 square bet > . P - D. The allowed total increase in runoff,in combiosion with the 2. Split level design-1.050 square tee - sotal fill allowed,shall not cause soul=ural armies strip-. 3. Spit foyer arid ao sorry design-600 slam fart as the fiat floor _' ping opacity of the wetland to fad below,or fall bdow fur- -mhos two car page must be attached to the single limJy structure. • dicer• the projected nutrient psodoctioo tram eke whole 444 Have as earth coveed,•somposidoo.=Wed or akd roof or other . 3. 1, developed wetland watershed. mater=s approved by the Stale Uniform Binding Code. - - 3-244 WETLAND ALTERATION PERMIT PROCEDURES:T e tpplamt 64.4 iaeeive a budding permit.The applation fora boifding permit in ad- 4. i • shall furnish information if required by the City Wading but not eiitbs to other isformatbs required did indices the Wright.size, w ° •limited to.a the plan,topographic data and hydrological data for the design sod the appearance of at devotions of the proposed bolding c team of a wetland akeration perm's appliotbo.A wetland akera• - and a datxiptioo of the construction materials propoad to be used. lion permit shall not be issued without having hem fist reviewed by KS Meet the requirements of the State Uniform Raiding Code or the ap- SECTION 1 t the Harming Commission and approved by the Council following the pliable manufactured Musing code. 6-10-1 Wbe review procedures net forth for conditional use prinks.Tice applicant SECTION 7.RURAL LOT BUILDING&l.IG1BIL2T lES 58 it • .dial!have the burden of proving that the propoed the tut aelivity nom- 6.7.1 Al loo bated outside of=Metropoiun Coumi s Metropolitan Ur- 'ms's _- plies with the purposes,intent and other provisions of this Oidmanoe. ban Service Mu shall be created in conformance to the re-permit must be approved by a 3/5 vote of the Council.The Cowell boundary sstetc may establish reasonable connditious which arc specially het forth b the of Article S.Seaton 3 or Seaton 4. the ti permit b insure compliance with s which re s eouiaet in the Or- 64-2 A Dew sink family budding may be mamba a a tot enam ring 410.2 The t • chance.Such condition may,among other matters,Imk the are,Hod as famny dwcimg may be subdivided only if thefollow- Mk • of character of the proposed work,require co e the tstruction of other Pins •are met: !. f structures, require replacement of I. A one unit vegaatioa establish required hex pa lea sae density s aalntabmd using the following f - monitoring procedures and maintenance activity,stage the work over •time,require the alteration of the am design to amore buffering,re- 0 -19.99 saes equals I tingle family nit e • quire the provision of a performance tenuity.The gaming of a wetland 20-29.99 acres equal 2 single family inks s alteration permit does not abrogate the need to obtain permits required 30.39.99 acres record 3 single family prior to era. t • •by other local,state or federal agencies. 2. Existing parcels of record atabiuhed prior to the effective date of (' .' S 24-10 TIME OF PERMIT-EXTENSION AND RENEWALS: this Zoning Ordinance lull be deemed as buildable tots This pro- 2. f 1. Unless otherwise specified by the Coy Council.a pemittee shad Sion oho applies to those lots affected by item 10 of this Section. c • 3- Al lots shad have the minimum frontage co bite v begin and complete the development authorized by the permit Par road m within one year after die date the Council approves the perm! regulated in Amide S.driveways 3,S•3d and Setxion a S�-S.To b I application. deduce the number of driveways m collectors sod arterials,up b b • 2. The perm shall provide written notice to the City&termer 24 two parceb will be allowed to be accessed by a private easement. d hours prior to the commencement and completion of the develop- 5. .A lots must have sal and water conditions which permit a wed. b meat project.No project shall be deemed to have been completed S. Al n lots must have conditions which will permit two matte sewer h until approved by the City.Engineer after receipt of notice of moans installed a conformance with the Chanhassen Ordinance SECT ION 1 completion. No. 10-B. The to0owi n ' 3. If the permitter fails b commence work m the development within 6. The use unit per 10 acre density applies to contiguous property tdawrement • the tine specified herein,the permit shad be void.The Council may ender single ownership.Acreage under single sec denhip,which is to the lot tin renews void permit at its discretion.If the Council does not renew tact qty an cannot be combined for=tea=development rights L11-1 Ever - the permit,the holder of the void perm!may make original�- from lily co one of the parcels.Transfer of development rights 6-1I 2 A yea: plication for a new permit. from one parcel of land to another s not allowed,except as per- the p .4. The permitter nary make written application to the Council for an witted in Section 9 below. mat extension of the time to commence work,but only if the permittee 1. em a rata building ustbel recorded been used for a County establishing i develop-tit 4.11-3 bons submits the application poor to the date already established to tom- cent ear of building runt be teoorded ankh the County ling the from manor work.The spotialion for an atmaon shad state tie mesons somber of bar ility rains.Transfer remains or documenting gh that no of a c building the permitca requires an extension one par eligibility remains.Ttaosfer of devebpmem tights from tees • 5-24-11 INSPECTION:The City Engineer may cause inspection of the work one Pond of land to another s not ddbwed. 4.11'4 On d to be made periodically during the course of each work and shad cause S. Each site must have at last one acre of area which can support both final inspection to be made following the completion of the work. two es sites,a building pd and well with a dope of 25% street a 524.12 RESPONSIBILITY:AFFECT:Nether the issuance of•permit nor on i-II-S PER} - ' compliance with the conditions thereof,nor with the provisions of this !. Parcels which do not have pubic street o adja std are stdbch- 1. F - shaper shall relieve any person from any responsibility otherwise ion- ad may a public sorest r eiighb and b m adjaoett pared which I. F• posed by law for damage to persons or property;nor than the issuance does has public street frontage and meets other provsioa of this Sp ° of my permit hereunder serve to impose say lability m the Qty or section. a . ' its officers a employees for injury or damage to persons or property. !0.Applications for wdiviaons b the rural ssesvioe are a identified tified di 524.13 GENERAL DEVELOPMENT REGULATIONS:Within wetland men Comprehensive Plan b contain a l 4:3 p.m.on January of pt sod for lands abutting or adjacent to a hotfoots!distance of 200 fee. 15, unit per 2Yi saes will be accepted ands 4 tt p m m January es - the following minimum general revisions are applicable: •15.191!7,if the folbwhrg information s submitted b the Planning a I. Minimum lot area: 15.000 square het. 1. Compietim of the tic 2. Minimum structure setback:75 feet from the ordinary high wale' 2.• Submsaoa of the public hearing Sat of amrosndhng property . a bt N mark. • 3. Septic and soil absorption system setbacks:200 feet from aulbary 3. lbbmirdoe of a a r k high water mark. a toad b) 4. Lowest ground floor devadon:3 feet above ordinary high wale' 4. tlubmsaon of regrind appication fees. 2. II. S. No development shad be allowed which may result b unusual road Further,these must also submit add tional data Sec h maintenance costs or utility line breakage;due to soil=laden. vaulted achieve for imam l approval b y manner mice ME E 10 °--h including high frost action. City Council deems to table final action co the application - fire 524.14 VARIANCE:The City Council may grant a variance from the re- quiranents of this Section.In addition,a variance may be granted based SECTION 3. HOME OCCUPATIONS be upon mitigative measures proposed by the applicant to recreate,to an A bore occupation may be established and conducted equal or greater degree,the environmental aid hydrological function the following requirements:' only in accords=with - • 'ma of the wetland area that is 4. At proposed to be altered. i-61 SUBORDINATE USE.The use of"dwelling unit for any home ao- ° ' Ar ARTICLE VI.SUPPLEMENTARY REGULATIONS eupation shall be clearly incidental and subordinate to its residential -dare SECTION 1. PERFORMANCE STANDARDS l' use.Not more than twenty-Five percent(259'►)of the floor area of ore se shall be muffled or otherwise controlled so as d�oott to floor of a dwelling unit shall be used i4 the conduct of the home oc- ' -, Bea --i• become a nuisance.Noise levels shall be regulated by the stadarllaot mPeioa.No gunge or accessory bedding except accessory agriaslnnral M' • mwtMANHASSEN DEVELOPMENT CONTRACT ' (WITH MUNICIPAL INSTALLATION OF IMPROVEMENTS) - IITHIS AGREEMENT, Made and entered into this _______ day of , 19 , by and between , (hereinafter referred to as "the Developer") , I and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as `the City"); II WITNESSETH, That the City, in exercising its powers pursuant to M.S.A. S462.358 and other applicable state laws, and the Developer in consideration of the mutual covenants herein con- tained, recite and agree as follows: SECTION 1.0 RECITALS. 1.01. Development Plan and Preliminary Plat. The I Developer has heretofore made a request in the form of an application to the City under the City Zoning and Subdivision Ordinances for the approval of a subdivision for the property, I more particularly described on "Exhibit A" (hereinafter referred to as "Subject Property" or "Subdivision") and as owned by II Said plan and subdivision was approved by the City Council on 1.02. Effect of Subdivision Approval. For . a I from the date of this Agreement, no amendments to the City ' ss Comprehensive Plan, except an amendment adding the subject prop- erty to the city' s urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout, .dedications or platting required or permitted by the in approved plat or preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, not withstanding anything in this Agreement to the contrary, to the full extent law, the City may require compliance with any amendmentsDtosthee ICity's Comprehensive Plan, official controls, tion requirements enacted after the date of this aAgreementdandca- , may require submission of a new preliminary or final plat. I1.03. Phasing Plan. Consistent with the Final Development Plan approval, final plats for this subdivision. shall be recorded in phases. Each phase shall be consistent with I the approved preliminary plat, more particularly described in Exhibit A, or the developer shall be required to submit a new II application. No earth .moving or other development shall be done in any phase until final plats have been filed in the County Recorder's office and addendums to the development contract have . been approved by the City for those phases% For purposes of this I requirement, outlots shall not be deemed to have been final platted. The City may refuse to approve final plats of sub- sequent phases until- public improvements for all prior phases IIhave -been satisfactorily completed. 1 . tirPlanning Commission Meeting ) July 22, 1987 - Page 13 PUBLIC HEARING: PROPOSED ZONING ORDINANCE AMENDMENT TO REDUCE THE SEPTIC AND SOIL ABSORPTION - SYSTEM SETBACK FROM A WETLAND FROM 200 FEET TO 150 FEET, CITY OF CHANHASSEN, APPLICANT. _ - IJo Ann Olsen presented the Staff Report regarding the .Zoning Ordinance amendment. • 'Conrad: When have we granted the variances? Are those variances? Olsen: No, they all came in under the old ordinance regulations. 'Conrad: So, we're still pure under the new ordinance.. Olsen: Yes but where it will catch up to us is if those are developed ithin the time period. We have never really had to enforce it yet where a I lk evelopment contract could have been after two years, whatever the new ordinance says is law. 'Wildermuth: What thinking went into the 200 feet? • 'rlsen: It was right kind of at the last minute one of the Council members aid let's-change it to 200. ,nrad: That's not my understanding and I guess I would like to table the ssue. My understanding is Bob Waibel who helped and got that ordinance, of that figure from some specific referral agency. So it wasn't arbitrary, it was recommended and I guess what I would like to do is table the issue to Wsnd out. I think you're going to have to talk to some of the wetland olks. Maybe even Bob Waibel, wherever he's at, and find out what the rationale was. It certainly sounds like the experts are saying 150 feet but would like to see why, it wasn't my understanding that it was an arbitrary aumber. It had some foundation. Maybe there's good reason to change it ack to 150 but before we do I would like to find out a little bit more about the 200 to begin with. loziska: It's certainly not a pressing issue. • • Itoziska moved, Wildermuth seconded to table amending Section 5-24-13(3) of he Zoning Ordinance. All voted in favor of tabling the item except Steve •„„ings who opposed and motin carried. • Emmings: I just don't see any reason not to proceed with it. We've got our ity consultants telling us it's enough and the DNR ordinance for lakes only equire 150 and I don't see any reason not to approve it. lsen: Our record has it that it was still 150 at the Planning Commission nd was changed at the City Council. Is that correct? I I - tv 3 'Planning Commission Meeting - -_ July 22, 1987 - Page 14 . Y (,nrad: Not my understanding. The first person I would go to is Hank Sosin. He has a very good memory and then you may have to go to Bob Waibel and if that proves of no source, then I think we can review that again. SITE PLAN REVIEW FOR A RETAIL SHOPPING CENTER ON PROPERTY ZONED BC, GENERAL BUSINESS AND LOCATED AT THE NORTHEAST CORNER OF CR 17 AND WEST 78TH STREET, #. JAMES COMPANY, APPLICANT. IJo Ann Olsen presented the Staff Report. ' Conrad: What does condition 14 means again Jo Ann? Olsen: The Engineer stated that there's a onding area on the large P 9 g plan that you have on page 2. This ponding area has been referred to by the engineer as temporary ponding area and we need to have a feasibility study to determine. Charlie James: I have with me here tonight Tim McCoy. He's the project architect and he can speak to any questions that you have regarding the building itself. I think to expand a little bit, if I can just go randomly and make some comments here. The last thing that was mentioned here, the Itemporary status of the storage pond. The drainage on the property, the entire property out there now drains into a culvert which I'll show you on the picture over here. What we're proposing is right now on existing 78th lcreet there is about a 24 inch culvert that goes under the road here and nis whole property, there's a watershed point along the crest but the southwest portion of this property all drains into that culvert, goes under I the road and goes on Mr. Burdick's property where it finds it way down and into a ponding area here. One of the things that is happening, as I understand it is that Kerber Blvd. is going to become a urban segment and there will be curb and gutter put in as a part of the City's storm water 'detention plan so there are three options that present themselves to us. 110ne is to retain on-site in an area that we have provided over here and what we would be doing is basically gathering the drainage over here and then on the other side here we provided a ponding area and there would be catch basins in here and basically we would retain the historic rate of run-off. Control it to the historic rate. There would be on-site basins on this side here. All of that would be collected and put in this culvert to go under the street. The City has the option as I understand, when Kerber Blvd. is pgraded, of acquiring some ponding areas down along the railroad tracks and .a substantial portion of our site then, that water will be taken down that "way and this site, we can then either decrease the size of the pond or do way with it. Down over on this quadrant of the intersection where the city .kind of puts the storm water management plan, there's a pond area down here o the little bit of run-off that comes off of this site then can be piped rom this point where the culvert is over to that area or if this whole ntire area of the pond can be piped down to that area so basically what we've done is provided three different scenarios for the city and we might ave some input on that storm drainage plan that BRW is developing when it Imes but we're confident that we can handle all the drainage on all our I t I I 1 1 1 I 1 I I 1 1 1 1 1 1 1 I t - • -- t -- _ '3 Planning Commission Meeting August 12, 1987 - Page 19 Dacy: But that's going to be through the zoning ordinance amendment process Ior the Board of Adjustment and Appeals. Emmings: Now are you just talking about the septic. Is that all you're talking about? IIAl Klingelhutz: That's all I'm talking about. I'm a little concerned when you said there would be no alterations in the wetland, that isn't going to IIhappen. a h Dacy: The septic systems are outside the physical limits of the wetland. IINoziska: By 150 or 200 feet. Erhart: Not if we change it to 150 feet. We're dealing with 200 feet right I now. . Emmings: There's no way the septic systems could ever go in the wetland . IIAl Klingelhutz: One place we say it's 200 feet and another place 150 and -I guess. .. IEmmings: But both of those are measured away from the wetland. There's no way you'll ever get a septic system in the wetland. We're only talking about can you be as close as 150 feet from the wetland or do you have to be IF200 feet away? That's the only issue. Noziska: And that's sort of been covered by the motion that we just covered IAl. It says approval of setback variances for Lots 4 and 5 by the Board of Adjustments and Appeals so that sort of covered us just in case the next item on our agenda goes awry and we stick with 200 feet rather than 150. Gut feeling is we'll probably end up with 150 but this covers us. IIErhart moved, Noziska seconded that the Planning Commission recommend approval of Wetland Alteration Permit 487-11 which allows no changes to the Iwetland and subject to the preliminary plat stamped "Received July 23, 1987" with the following conditions: II1. That the wetland area remain undisturbed. - 2. The applicant must meet all conditions imposed lI Y City the Cit for Subdivision Request 487-25. 1 All voted in favor and motion carried. likONING ORDINANCE AMENDMENT TO REDUCE THE SEPTIC AND SOIL ABSORPTION SYSTEM SETBACK FROM A WETLAND FROM 200 FEET TO 150 FEET, CITY OF CHANHASSEN, APPLICANT. Barbara Dacy presented the staff report on the Zoning Ordinance Amendment. . 11. 41 1 Ili • ^ Planning Commission Meeting - � August 12, 1987 - Page 20 Emming: Do I understand that our consultants, both Mr. Machmeier and Dr. Rockwell feel that 150 feet is adequate and that's what the DNR has in it's Iregulations for shoreland management? - Dacy: Yes. IIEmmings: In the Minutes of the City .Council meeting where they changed it to 200 feet, the rationale seemed to be that we have the right to be more restrictive if we want to. Well, under that rationale you could have it 800 1 II feet too and it just doesn't make much sense. Anybody have any discussion on this? Why doesn't everybody tell us what they think about this. tHeadla: In going through the Minutes it looks like the flow was going with 150 feet and then a council person said 200 and jumped on it and it passed. IINoziska: I see no rationale to leave it at 200. ' Siegel : Ditto. IErhart: No comment. Noziska moved, Siegel seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment #87-5 to amend Article V, Section 24 II (13) (3) of the Zoning Ordinance to read as follows: If: 3. Septic and soil absorption system setbacks 150 feet from the ordinary high water mark. All voted in favor and motion carried. ' Emmings: I would like ike to go back, as long as Mr. Grams is still sitting Ihere, is there some way, in the report on Mr. Grams application it said that the applicant had submitted a plan which showed a location of treatment systems on Lots 4 and 5 meeting thle setback requirements. However, the consultant has recommended that a better location is at the bottom of the Islope. Is that one of the issues that the Board of Adjustment would be looking at? IDacy: Right. They are going to be looking at whether or not to place the septic systems beyond the 200 foot setback. That's going to be the request. They could put the septic systems at the 200 foot setback but there is a likelihood that they are going to fail. 1 Emmings: I guess I would like the Board of Adjustments to know that I, at least as a Planning Commission member would like to see the recommendations II of our consultants followed unless there is a good reason not to. I don't know if anybody else wants to answer that. ii Headla: Why pay them if we're not going to follow them. 1 • 1 . . Ili__ • -- - a - -- --- - -- ^-i Planning Commission fleeting August 12, 1987 - Page 21 4. Noziska: Also, they're the bec use u s that should know that's g y a t t s what . they're getting paid to do. IEmmings: And I don't think we do and the people on the Board of Adjustments have that expertise or training either. 1 APPROVAL OF MINUTES: Siegel moved, Emmings seconded to approve 9 g pp a the Minutes of the Planning Commission meeting dated July 22, 1987. All voted in favor Iexcept Erhart who abstained and motion carried. IUPDATE ON DOGWOOD ROAD FEASIBILITY STUDY. - Barbara Dacy gave a presentation of the Dogwood Road feasibility study update. Irhart: My reaction to that is, how much emphasis,•=;;. are we putting on this +, g assessment test. of increasing the valuation to the degree of expenditure? IDacy: That is set by State Statute, Chapter 429 in the assessment project. IErhart: I look at this and I think we're dealing with a safety issue. You've got 12 houses in there and you have only access and the access, to say the least, is not secure. Dacy: Unfortunately, if there is a challenge to the assessment process and the court finds that it doesn't meet those standard tests, then they will throw that out. Especially in view of a secondary access that could be Iachieved. • 1 Erhart: It doesn't give you a secondary access because there's only one access to a highway. Dacy: It may not be the best conditions. However, it does provide another means out. IErhart: What happens if you can't get in to where that intersection is? Dacy: You can make those arguments with the connection also. li Erhart: The other thing is, well no, because you can always get in from the other direction from a highway in either direction. The second question is, 1 the $91,000.00 in cost, what's the length of that street? Dacy: The length of connection? IErhart: Yes. Well, the question I ask, in reading these Minutes is you're just looking at a number but how does that compare to the cost of that equal 4 amount of distance down to the Worm property? Is it 50% more per foot. 100% more. 1,000% more. Comparing that against the safety issue of being r • • --City O uncil Special Meeting - ember 3-, 1986 _ _ _ __ really going to stick out. Down at the bottom on FF It says no test driving A of vehicles on local residential streets. • I Councilwoman Watson: How are you going to know whether s driving a car or driving a truck. ameone is test 1 Councilman Geving: What do you say about that Tim. • - A - Tim Erhart: I don't know how You would enforce it. I Councilman Geving: If you are going to drive a get in it and you are going to car or truck, you're going to not in g drive down the street a few blocks and you're I going know whether you are test driving it and if residential area you'll get a good test on our you drive through our potholes. Councilwoman Swenson: Page 63, Parks and I located in a park deficient area Open Space. If the area is not it only have to park deficient in anon- , private open space may be created. Why does deficient I think we ought to be able to to area? Why do we have to restrict I well we want to whether it's in an area thatlis located a nark deficient we jolly area or not. This is what we've been park deficient trying to get at. Councilman Geving: Let's kill that because u 1 just get rid of that whole stategt�ent. The fir t statement on 6 is okay Let's Barbara Dacy: Maybe we should note that about 4 or 5 sentences was not I printed under item A in that PUD Ordinance on Page 64 but those will be included. ICouncilman Geving: Take out item 2 in that second paragraph .of 6. Councilwoman Swenson: On page 65, top of the . I clear cutting and that should include also, I think we rshould probably pout in• • any PUD no clear cutting of woodland area and something about erosion control so that it covers. Councilwoman Watson: So they can't just scrape the ground then go a I leave it. g away and ICouncilwoman Swenson: We do have an Ordinance that enforces it. . Councilman Geving: We've had 2 in existing Ordinance. That isn't a very big f hange�t IDe' That's our IBernie Hanson: When you start getting 3 and 4 i expensive. • Y get pretty ICouncilman Geving: That's why 2 inches is developer can put in anything he wants as long ras the gets It's tree•minimal.. A Councilwoman Swenson: I have a problem with Page 85 septic and soil absorption system setbacks, isn't that going 3. I think the going too changed now iI • 60 * 5 - . -- .. City Council Special Meeting —December 3, 1986 _ with this new Ordinance? That should be- 200 feet instead of 150 feet. you're talking about getting pretty close to a lake with 150 feet there. Councilwoman Watson: What will the new Ordinance say? Barbara Dacy: The Ordinance does not pertain to the setback. I think the 150 JI matches Shoreland regulations. Councilwoman Watson: We can be more restrictive though." We could go to 200 II feet. Councilman Geving: iet's make it 200 feet. 11 Councilwoman Swenson: Wow here's now that 1 don't remember before, General Development �� having seen before, Gen ra regulations which is on page 85 also at 6. These . Imay changed as part of a planned unit development.. Barbara Dacy: That's been in there. ICouncilwoman Swenson: Okay, why do we do that because these restrictions are for the benefit, the minimum lot area I can see but your minimum structure setbacks of 75 feet from the water mark, .the lowest ground floor elevation and I no development which may result in the unusual road maintenance and these types of things. These are all things that should apply to everything so if these are restrictions for the benefit of the lakes, protection of the lakes II and our streets, i don't see anytime when those things should be permitted to be changed. Councilman Horn: Just one. I think the problem is separating one from Ithe rest. Councilwoman Swenson: The minimum lot area I know on the PUD. 1 Councilman Horn: That's my point. . - -Councilwoman Swenson: But I think the rest of them are not... - Councilman Horn: • If you didn't have that statement able to go below 15,000 in there you wouldn't be square feet in the PUD. ' Councilman Geving: It gives us some discretion.II Councilman Swenson: What I'm saying Dale is that these are that are for the protection of the specific things that should be changed. people our lakes and I don't think that ICouncilman Geving: These regulations, with the exception of Items 2, 3 and 4 can be changed as a part, I think that's what we need to say in here. These ii-- regulations with the exclusion of Items 2, 3 and 4. Councilwoman Swenson: Why not takeout 2, 3 and 4? II 61 - 1 , . . II Ai . CHAI�SSEN CITY COUNCIL . - • AR MEETING OCTOBER 5, 1987 ; Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. HERS PRESENT: Councilman Boyt, Councilman Horn, Councilman Geving and II Councilman Johnson _ STAFF PRESENT: Don Ashworth, Roger Knutson, Gary Warren, Barbara Dacy, Jo Ann I - Olsen, L—o S etsema, Larry Brown, 1 dd Gerhardt and Jim Chaffee APPROVAL OF AGENDA: Councilman Horn moved, Mayor Hamilton seconded to approve I the-agenda wit i the following additions: Councilman Boyt wanted to discuss oil pollution and the Community Education Program, Barbara Dacy needed the Council to make a motion regarding theCommunity Development Block Grant program. All voted in favor of the agenda as amended and motion carried. CONSENT ATA: �Councilman Horn moved, Councilman Geving seconded to approve the following ccpsent agenda items pursuant to the City Manager's ' recaiinendations: b. Sign Variance Requets to Construct an Entrance Gateway to the ;1- Cemetery on West 78th STreet, St. Hubert's Church. c. Approval of Easement Agreements for NSP Transmission Lines. .d. Final Plat Approval, Lake Riley Highlands. e. Resolution #87-104: Resolution Authorizing Assessment for Failing IISeptic System, 6510 Yosemite Avenue, Mark Erlanson. f. - 'Zoning Ordinance Amendment=to deduce the Septic and Soil Absorption I System Setback from a Wetland from 200 feet to 1.50 feet, final +Keeading. g. Chanhassen Hills 2nd Addition, Meritor Development: I • - 1. Final Plat Approval 2. Approval of Development Contract Iof Plans and Specifications ` h. Resolution #87-105: Accept Utilities in Chanhassen Vista First II _ Addition. i. Approval of Modification to the CR 17/Rerber Blvd. Trunk Watermain Assessment Roll. . Ik. Dangerous Animal Ordinance, Approval of Final Reading. - 1. Adoption of Appendix E to the Uniform Building Code Requiring Sprinklers in all New Commercial Construction, Final Reading. . 1 A••""'---- -.�:,.-.-_.,,r.drw:.-J..y...-:i�r...:.- - — c:, ,..e+.•J 4?*i..:.-r,. _ ....».'.- _-.:::rr:_ ..,, city Council Meeting - September 14, 1987 - 1. Wood fiber blanket shall be utilized on all slopes greater than 3:1 and erosion control shall be installed prior to construction of the il site. 2. A clearcutting plan shall be provided prior to any removal of trees or shurbs. 3. All utilities shall be constructed consistent with the City's urban standards. IIAll voted in favor and motion carried. I Ar?ONING-ORDINANCE 141EbDriitir-4046330GEMIE4EPTIO4a1DISMASSORPTION.SYSTEM SETBACK FROM A iQETLA D FROM 2AO.FEET,70150-Iz r,.FIRST BREADING. I Mayor Hamilton: Does the Council need to have any further information from staff? It seemed as though the report was quite clear and the reasons for it were quite clear and the application was clear. IIMayor Hamilton moved, Councilman Fiore seconded-to approve the first reading of Zoning Ordinance Amendment #87-5 to amend Article V, Section 24(13)(3) of the Zoning Ordinance to read as follows: Ii 3. Septic and soil absorption systems setbacks 150 feet from the ordinary high water mark. IAll voted in favor and motion carried. II ROD GRAMS PROPERTY, LOCATED IN THE NORTHWEST CORNER OF AUDUBON ROAD AND LYMAND BLVD.: II1. SUBDIVISION OF 73 ACRES INTO 6 SINGLE FAMILY LOTS AND ONE OUTLOT. 2. WETLAND ALTERATION PERMIT FOR DEVELOPMENT WITHIN 200 FEET OF A CLASS IA WETLAND. --Mayor Hamilton: to we need Barbara's report on this? IICouncilman Boyt: I don't think so. Councilman Johnson: That 200 feet doesn't change in here? that's the wetland 1 f ordinance, 200 feet? Barbara Dacy: Given the Council's action on the previous item, condition 16. • • Councilman Johnson: Of the subdivision request? 'That changes. But what I'm saying is item 2, the wetlands, that's still 200. Barbara Dacy: That's correct. II55 )-- .w _ _-. . 1--1 - __ -- _ - - •CITY OF CHANHASSEN ' -II CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 80-C AN ORDINANCE AMENDING ARTICLE V, SECTION 24 (13) (3) OF THE CHANHASSEN ZONING ORDINANCE NO. 80, ADOPTED FEBRUARY 19, 1987 II • THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. Article V, Section 24, (13) (3) General Development I Regulations, of Zoning Ordinance No. 80, as adopted and amended heretofore, is hereby amended to read as follows: II 3. Septic and soil absorption system setbacks: 150 feet from the ordinary high water mark. SECTION 2. This ordinance shall become effective from and II after the date of its passage and official publication. • Passed and adopted by the Chanhassen City Council this 5th IIday of October, 1987. ATTEST: ( r II .////\ (_,,.., xo, la, -, •\_ 0Q_ i-,ff Don Ashworth, City Manager T omas L. Hamilton, Mayor Published in the South Shore Weekly News on October 18,. 1987. 11 I • I . • • • II II I $20407 CHANHASSEN CITY CODE • . (4) Sedimentation basins for construction projects. I (5) Open storage. ' (6) Animal feedlots. (7) The planting of any species of the genus Lythrum. (8) Operation of motorized craft of all sizes and classifications. (Ord.No.80,Art.V, ¢24(5-24.5),12-15-86) Sec. 20-408. Prohibited uses in class B wetlands. The following uses are prohibited in class B wetlands: (1) Disposal of waste material including, but not limited to, sewage, demolition debris. ' hazardous and toxic substances,and all waste that would normally be disposed of at a solid waste disposal site or into a sewage disposal system or sanitary sewer. (2) Solid waste disposal sites, sludge ash disposal sites, hazardous waste transfer or disposal sites. (3) Animal feedlots. (4) The planting of any species of the genus Lythrum. (Ord.No.80,Art. V, * 24(5-24-6), 12-15-86) Sec. 20-409. General development regulations. Within wetland areas and for lands abutting or adjacent to a horizontal distance of two hundred(200)feet,the following minimum provisions are applicable: ' (1) The minimum lot area is fifteen thousand(15,000)square feet. (2) The minimum structure setback is seventy-five(75)feet from the ordinary high water Ie J mark. Septic and soil absorption system setbacks are one hundred fifty (150) feet from ordinary high water mark. • (4) The lowest ground floor elevation is three(3)feet above ordinary high water mark. 1 (5) No development shall be allowed which may result in unusual road maintenance costs or utility line breakages due to soil limitation,including high frost action. (Ord.No.80,Art.V, 1 24(5-24-13), 12-15-86;Ord.No.80-C, § 1, 10-5-87) Secs. 20410-20-420. Reserved. • Supp.No. 1 1190 I I I I I I I I I, 11 I 1 I I I I I I I 1 - - - - - - - -' A''A'NiFIi,a8 CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 06-25-90 PAGE 1 CHECK N A M O U N T C L A I M A N T P U R P O S E 040852 83.79 DONALD ASHWORTH TRAVEL + TRAINING 1 040853 917.03 HOISINGTON GROUP, INC. FEES, SERVICE 040854 720.00 STERLING FENCE, INC. FEES, SERVICE 1 040855 947.25 WILSON DEVELOPMENT SVCS FEES, SERVICE 4 2,668.07 CHECKS WRITTEN 1 • • • • r , - . _ -- --- -- .'— - - - - -- . - • -.._._- - ' — ,_ _ . -- _ __ _ . •- .. ' A crippling effect' -- -. -awn the options' and restricts local ' - • review of TIF is _ • ------------stike in pursuing state objectives. ItricetraryguinterektibbLe growing concern mesas Dc partment oflobs and Training sues by a number of legislators about the fun- - . ES IN TIF NEED ANOTHER LOOK -that in 1989,III percent of all einployed per- linmewal need for TW assistance in attain -eons in the state work in non-manufacturmg mai,as embodied in the"but for"finding. jobs.It also states that in 1989,seven out of 10 This concern can be addressed by math- 10,David MacGilliway sod James Holmes . • pew jobs wae ki the trade and business in *thing a niquireinent thra rigorous analysis - ,-diaries.The department's outlook for 1993 inf the(=mini necessity of TIF assistance. item now/IF&aim without the LGA and ranked business wrvices as the fastest grow- But arry new legislation diould provide cities : ew wate legislation has mutely ifpcA penalty.This legislation pima these fog indtuary and as adding the most employ- mith a dear direction as to the purposes of AN coppied tau increment financing jurisdictions at a competitive advantage to men.blot all service industry employment 11F,incentives(rather than disincentives)to keas,viable funding option for develop_ other inidithiitc it pentium=tome Ti:F moults m long-tam mamma*111C01110 leVeiS Inca the ram of 00001:12iC de11:10p1X0I,Ind . .The 1990 amendments do not just so upon their&heady actrinverteserty lie!'emPkIries.But a large portion lithe aPewsicsa filmic*tool E Purstr their eh- , witb Ty;they rend,a qualitative ma thereby widening the gap between service sector does provide significant Ipectives. Ludy,once this legislation is 10 this important development tool. "tbanselves and the"have ta"oommunkies. IthiPkvitheat egrellingies-EthOWthent li 1.11313led.the 1411121We IMP and The TIP debate has been controlled by a TheLGA and HACA cutabocanfirmsthat ihisIimiLs mat„aften miciated4th...ilifice; ...„,...airr"time thangeathnnthaar a number cur few legislatots,key staffers,and special in- die mate doesn't believe in the fundamental ..,,,,„, ...4.=41114The mat debate mint be expanded to in_ ress,groups.Lost in the fray seethe unduly- TIF A:qua:nem that the development would s"--"under this legislation. .„ TIF souk demaugnient and a:pension cg Ku occur-but fm-ix the iv aashm,w..... The third major change is restrictions on sande all interested parties.Cities and their • conection aft/than Night,and in- The rationale for the LGA and itAcA„dm_ the use of pooling of the TW revenue.Cities enostithents have benefited from tax tare- ,. ; aqua th At and gin hum mann groups tion it dud the deveimmum, „mkt haw oc_ have been able to take revenues from one or met;they limb=acdvely lobbying on iis E "xi the development cummimity must recoq. cured without" tior-mTw-;,-hem in me state, mote TIF districts and pool them to finance behalf,sod tin hoe been alooe in this effort. their losses and communicate theirposi- cretrag more local tams and less eve°Fmelltrwhi.uitellied exPenditutes in a Illige Inie admereilletPal heilefiehlries efTIF nave s to all legislators.Road blocks to seal for state assistance. the states area,called a project area. been businesses and developers.It is time • detekinnentafia bah the public perspective the voceklhave oc- ,_,.....tbithlitles,,.._lielPeltti,. .heettle,......„...siee lithe TIF.,.., they come fenbald illi lePrexrit their awn die private sectors,which must join mined anyway and it not mike any dif- r'"""'"`"'"'with`'""'"''''''''''`"6 m." -. n.- ..'".. tog= -pooling has wended the time frame of TIF &aid liatailiwayita wiceptetkientaith - 1DR:the!.to revisit the TIF law in the mu ference where or when. -1. genial ix meaningful chases to Ewe ifthesuanpmmite banal mach - districts by fmancing expenditures that were lwingstedinc,aSs Ibui.baseditdependent is doubtful in many cues), it abmvs a untuiticipated at die formation of the district. •prblicfmancialaehisayfina Beforejobang The 1990 amendments focus on three disregard for local needs.Indeed,one of Alie new leilisletkle restricts te 25 Percent the grin:mini 1985'he seraedfrr")narr as •The first and most devastating is the 1IF's major gosh has always been to address arn°1131."_ _,TwaTF _,ItvelltetS,.._renaming ma- •cifY*owe diream r kiss of waft fimding for Dams)municipal particular development problems at par- '"x-"'"";1"`mil'"u"D"percent .•arnes Holmes is a poster M the Min- must be expended within the district,within steapoas law fume f Hoboes&Grams He • toy mat cities that initiate new TT titular locations. , • after April 30,19902 The Mate Pro- This attitude is also evidenced by the *1":,_,first five Mes tithe diettiet,„: , "6 life. Lecsokzes in nastidpal finance Hoboes mos most cities with direct financial redirection of the"benefits"analysis ha "Tunrieticels..",..re,a,.4,,,.......,_ ..........Chiel4b*Mana,„,..,4..gri„,theffippinne"a litin- . Local Government Aid(WA) economic development_districts from die- — ""i"'r"'"`-••"---,. "" w—w_ E and Homestead and Agricultural Credit Aid local so the state perspective.Whereas the Pummeatt Ouch as brides,meormY le- (HAG),to fund a portiou oft&basic ser- municipality previously was required to stases and mem water Mum=facilities) - r.Underthe new lenalation,most cities determine that formation of an economic -mu are Pivotal fer mm affect - - — esign:se new T1F&ahem would suffer development district would yield local tax mmokiPle deulopmeram ammilY benefit a annual reduction in the WA and HACA base and economic benefits,the jurisdiction =arm Cities°den Imo themselves ;kw some cities the reduction could must now find that such benefits accrue for • ilideral or Stele Deagenee 10 finance rnmote than 40 percent of increment in- -she mate.This legislation underscores the mmese___ imProwmerms,and ill most eases,the - This is the swe's=yin newer school asses inclifieretrato the location&develop- -ImProremerms do not lead themselves so Ft ado that would have been financed by meat activity,and to the reality of local marmaaditicall flambe allemallives.Ibol- if the development occurred without development problems. Sag of TIF revenues to construct these im- .The legislation requires cities to choose The second major change is a significant illamements has. _Prom ID be one of dre few among awing basic Bermes,raising proper- restriction co the types ofdevehipment within illmaztimil and fiscally teePteleible options. taxis(if legally,,possage)or establishing a TIP economic development districts. In me mid-and late-19801,TIF districts district. 6 Economic development districts have the have proliferated across the state.A number LGA and HACA cuts have been pro- - shortest time frame for TIF a.ciatow--,and 411;_______Ica=accramt__ for this V_owdr,the most as a means to help"solve"the state's until recently allowed the gluiest exercise of =Forum_ .of which is the withdraws]claw budget problem through reductions in local discretion.They were commonly roe-treao_ommeoricdeseloPmeat effort bY rto cities.This reasoning is flawed, associated with raw land development such as me Mere'and state governments Local it ignores die positive economic im- Sound in newer suburbs and Greater Min- Ims=meott__ lam bees left with the=Foo- d TIF development,namely business =soca cities.The newlegislation resides the amo_orrY and limb_ of promoting economic personal taxes,decreases in=employ- types of uses in economic development Diffle‘Drriere•They hive also been left with meat costs and a myriad of secondary districts to manufacturing,warehousing, stsmeatl llY one tool to develop or, .. ..raoesetoP revenue flows tothe state associated within- meat=and development,telemarketing,. Ine°communides:71F•This new 1•Wiention Edeconomic activity, and in non-man:poll=areas,tourism. mot only casts a cloud of indifference over oreover,the WA and HACA provision The problem with this provision is that local____.dekdoPoreot_ tf!stS,bot=es cities a regressive impact at the local level.A Minnesota is a legionsl service economy 1131.Puriumg, . .mese 01:1 ,-. . =tic- ' number of school districts and cities moving into the last drzwip tithe 20th con- 111°111_ Di leDDetS ale . ameloPera_ aiasb - have sat an enhanced property tax base that Say.While state economic development - nsigincefitim mer... iusvAlen receive no state funding assistance. policy points toward services and high mme Mei. ID help have been eroded. Irefexe, these lam"jlifildiCgi003 can agd10010gy industries,this legigag011 nor- admer jorisdrctleas will deelk tiled= ' — - and penalties outweigh the hue potential - . . . - 'I • I . . _ . _ / . . _ • . . I . . . • _ I . ,, F:-.1 — -— — — T-- ------5'- f. lit.,k=6 -EA 1:1-1-I, .� r SPECIAL FOCUS : PRINTING Et GRAPHICS il -safi i a V 1 : $ catalogs and other types of advertising 11 O h m •'n x printed in Minnesota, using both Sand I� o .c 53 no y ,,• ° {c�oritinuedfrompage2l) Graphics Inc., Golden Valley, and !_ �,° 8' a c A b. class bulk mailings McGill-Jensen Inc., St. Paul. Moroz said .,,� a, d & >,oo r 3",° a gs in 1989, Instant Web he would consider bringing all the catalog I� � 'g°; w ' 8-o a t :. 08,2 Cos. saw revenues increase about 10 per- printing back into the state one day,but he { So, 9 13 ti a o id i I mot• was not optimistic-that Minnesota will „ 1 o ° 'o N, ° N9_,�, Carlson predicted the state's direct- shift from offset to rotogravure. A large . 1 +- u r a.• a.ec A mail printing industry will continue to be number of rotogravure printing operations i,a ° > o o strong. are centered in the Southeast,where labor =°' ° °°a 8,3 a• Ti m 6 "Minnesota tends to be perhaps a little costs are low,he said. r.i >`"" " `° more progressive.The postal hike will af- Minnetonka-based Fingerhut Cos. uses . -feet us similar to how it affects our oompe- Instant Web, St. Paul-based Quebecor so E•-:' et 2. ' o c tition across the country,but our comps- Printing Inc.and Chanhassen-based Press 2 A a-.U "I ,nies have been aware of what was coming Inc. for much of its local printing, said 3 5 ,0 ° p,_•,.. as E w -down and have been preparing to meet the Paul Gelhaus, executive vice president of E.a r� B * 8 F M . challenge,"he said. "We are fighting for marketing at Fingerhut, the nation's b . .ti d 8 r • t• r market share in a shrinking market,but on fourth-largest direct-m'ail marketer of gen- v u 1 p •5 - �', E E ".;.11-4 - 6 u the whole we expect to hold our own and eral consumer goods. The company, fib' ' w 2 y °�!c, e c 8•fl " m might pick u a little." which spends as much as$100 million each V O .x •a * 2—c°, °-§,1 o ;,•,•° E But Minnesota companies are not cap- year on printing,sends the bulk of its cata- oFo w i a°x'a .. -C O p �•2'fl luring all of the direct-mail business.Much log work out of state.Because of its size— 0 8 H •o of it is heading south. $1 billion in sales annually—Fingerhut is �, �, �, w w ° ° ° ,� ,° .n ' Brooklyn Center-based Damark Inter- able to buy more than 90 percent of its own 1 ye a 4 i a a o • i ti c., h ts national Inc.,the nation's largest catalog paper. v m w n a •' retailer of closeout and discontinued mer- Patricia Dye, Fingerhut's manager of ° a 5 4 c v 8 d-� y °• y.c its catalog printing operations from firms proposed postal and will force�corn- - : 0 E 0 U. 5 0 8 E o c U o in Minnesota to Meredith/Burda in New- panes that use direct mail to look at print- ton,ton, N.C., to take advantage of rotogra- ens' geographic location and distribution • :. �, , vurLae type of printing in which a eimage capabilities. She said she expects local �• M ° o is ed into a copper cylinder. Rotogra- compares to continue to receive contracts v ►� m vure printing is becoming more popular for the smaller components of direct-mail '° a -2 , because it is more cost-effective on large packages single-sheet lyili@ U r •;c H Q ,such as sin a-sheet inserts: Fin- Eono& v-[ o'c 3 0 w E A runs. gerhut cuts, folds and inserts single-piece t a $ 3. ..•3 >.... c •Co,0 E c There are no rotogravure printing oper- and small advertising sheets in Mora and a, E a .� 5 w '£ �, ations in Minnesota. Instead, the area of- Alexandria,so it makes sense to have print- It w ° 0 t.8 ., o,.E•o v fers a great deal of offset printing,in which ers nearby,she said. v 2 M ai,o " to w A.1:, 5 c cg impressions are made on a rubber-coated Wisconsin-based Quad/Graphics Inc. =c > a= ../. a > c roller that then is inked and put to paper. opened a sales office in Minneapolis in De- '� :°. {, o g • I "c,-1 - a 1 $„° Rotogravure is being used more and cember to solicit business in Minnesota. °° >% ee cds > c y More for magazines and catalogs, said "It's a great market,"said Robert Wind- .a 1•p 0.-4 ci m -c . Michael Moroz, director of marketing at ing, sales liaison for the company. "We -I— t a° a 1 •A till B Damark. The company, which spends have 46 heat-set web offset presses and five a a c c 0 X 0. a B c a a. about $550,000 per month on printing, 95-inch rotogravure presses,"he said,not- 1 E E ati U g.24 2 < E.« 8 lows Damark to easily alter the size of its nies is split evenlyrobetween those seeking catalogs—an important aspect in the face offset and rotogravure work. }•i[ O"C) ;� e ' P. of rising postal rates in 1991. Winding said he doubts Minnesota firms p. tU u $, The company,which mails out some 70 will rush to invest in expensive rotogravure million pieces of direct-mail advertising equipment because they're already thriv- O E "- c rte._°'�' per year, continues to have its specialized ing in their own ache. ❑ v �•, d m i a X)oa a4im.x � o Americans who sh d Estimated number of by phone catalogs mailed Oh ird � � �' � 6 , � �3 b hone orma�02'� 0 3 v-, d 1u 8 7 a os (in millions) (in millions) `� � •o 0 a� a . i. � ��." 1983 57.4 1983 8.7 0 cn cs > 5 � :: � pO 1986 87.7 1986 11.8 b.04-, al c > p�� a O b a w o, ° 1989 91.7 1989 13.4 'Jr a^ , v ao a,< c m 9 - Source:Direct Harkening Assns iation Inc.,New York -