Administrative Section
Administrative Section
Memo from Scott Harr dated August 25, 1998.
Letter from the Metropolitan Council dated August 31, 1998.
Letter from Dave Headla dated August 27,1998.
Letter to Lowell Vetter, Chanhassen Lions Club dated September 1, 1998.
Letter from Swidler & Berlin dated July 2, 1998.
Letter from Carver County dated August 28, 1998.
Public Safety Department Inspections Division Report for July 1998.
Memo from Todd Hoffman dated August 4, 1998.
CITY OF
CHANHASSEN
690 City Center Drit'e. PO Box 147
Ganhassen. lvlillnesota 553 I?
Phone 612.937.1900
General fIL'( 612.937.5739
Engineering FiL'(612.937.9152
Public Stlfm Filx 6/2.934.2524
Web wine. (i. (hill/hi/sserI. mil. !IS
MEMORANDUM
TO:
Scott Harr, Public Safety Director
Beth Hoiseth, Crime Prevention specialis~\)
FROM:
DATE:
August 25, 1998
SUBJ:
1998 Safety Camp Activity Report
Attached is the activity and financial report for the Chanhassen Safety Camp.
The ending balance of $681.66 wi II give us a good start for next year' s Safety
Camp.
I am pleased to report that many parents expressed their appreciation for the
program. There were several positive comments made about the valuable
information their children received, while having a great time.
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1998 Safety Camp Program - Activity Report
Event Date:
Students Enrolled:
August 6, 1998 - 8:00 AM - 4:30 PM
75 children going into 3rd grade
Description:
The purpose of Safety Camp is to bring children together to learn about safety, and to encourage
fun and camaraderie between kids and community/public safety personnel. Using a "camp"
format, complete with counselors, teams and games, children move about to various classes,
learning safety concepts in a non-traditional setting.
Publicity/Sponsorship Recognition:
Article in The Chanhassen Villager
Article in 1998 Summer Newsletter
Article in 1998 Neighborhood Watch Newsletter
Flyers distributed at schools
Letters sent to participants of the Summer Playground Program
Summary:
Opening Ceremony:
The day began with a procession of emergency vehicles entering the park with lights and sirens.
Agency representatives, Sparky and McGruff joined Deputy Director Bob Zydmvsky in
welcoming the group. Divided into four teams, each group had their picture taken in front of the
fire truck.
The Days Activities:
Throughout the day, the four teams attended sessions on tire. bicycle. personal. water. and
electrical safety. The safety sessions were presented by public safety professionals volunteering
their time to teach hands-on training. The National Guard arrived via helicopter to give a drug
free presentation. A motivational speaker who has overcome his disability as a quadriplegic,
demonstrated his superior skill as an artist. Activities included each child riding their bicycle
through an obstacle training course and spraying a fire hose at the "House of Fire ". .-\ Carver
County deputy and his K-9 partner provided a demonstration.
Ending Ceremony:
The day ended with each child being presented with a team photo/certificate. a "Chanhassen
Safety Camp" medal, and a bag full of give-a-ways and safety literature.
Participating Agencies:
Chanhassen Public Safety Department
Chanhassen Park & Recreation Department
Minnesota State Patrol
Ridgeview Medical Center/Paramedic Div.
Minnesota National Guard
Chanhassen Fire Department
Carver County Sheriff s Department
Hennepin County \Vater Patrol
NSP
Sponsors:
Pillsbury Bakeries & Food Services. Inc.
Chanhassen American Legion. Post 580
Target
Byerly's
NSP
Rosemount. Inc.
Chanhassen Safety Camp - 1998
Financial Report
Children Enrolled: 75
Volunteers: 26
Revenue
Donated Money
from Sponsors:
Pillsbury
Chanhassen Legion
Target
NSP
$1,100.00
$500.00
$500.00
$250.00
$2,350.00
Enrollment Fee
$740.00
Cash Revenue Total
S3,090.00
Other Donations
Byerly's Chanhassen
Rosemount, Inc.
$150.00 (Value offood donated)
$200.00 (Frankies Gift Certificates
for Volunteers)
Expenses
Presenter Fee
Medals
Tent Rental
Food
Beverages/Misc.
T-shirts
Certificates/Photos
Give-a-ways
Expense Total
$250.00
$270.27
$626.40
$78.30
$145.61
$570.75
$117.01
$350.00
S2,408.34
Ending Balance:
$681.66
~ Metropolitan Council
~ Working for the Region, Planning for the Future
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Environmental Services
August 31, 1998
Charles F o1ch
City Engineer
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317-0147
RE: Flow Calculation for the Fourth Quarter of 1998 Cost Allocation
Dear Mr. Folch:
The Metropolitan Council Environmental Services Division has measured and/or
calculated the flows (units in millions of gallons) through June 1998 generated within your
community to be as follows:
Third Quarter 1997:
Fourth Quarter 1997:
First Quarter 1998:
Second Quarter 1998:
226.82
219.84
215.99
256.66
This information is considered to be preliminary and may be adjusted based on further
reVIew.
The above flow calculations includes estimates for any unmetered connections that either
enter or leave your community. Attached is a graph showing only metered flow, by
month, for this year and the previous three years. Therefore, the quarterly flow volumes
shown above may not equate to the total 3 month flow volumes given in the chart.
The second quarter 1998 volume shown above will be used to allocate costs for your
cOInmunity during fourth quarter 1998. If you have any questions or require additional
information, please call me at 602-1116, or Kyle Colvin at 602-1151.
~~
Donald S. Bluhm
Municipal Services Manager
DSB:JLE
4qtrS98
cc: Julius Smith, Metropolitan Council District 4
Lois Spear, Metropolitan Council Environmental Services
AREA CODE CHANGES TO 651 IN JULY, 1998
230 East Fifth Street St. Paul. Minnesota 55101-1626 (612) 602-1005
Fax 602-1183
TDD/TIY 229-3760
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To: Mayor N. Mancino
From Dave Headla
Ref :Highway 212 Project
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August 27, 1998
I would like to take this opportunity to commend you for resisting the rush to get the new
highway 212 project approved and encourage you to continue to cautiously review its
value to Chanhassen.
Ten years ago, when I was on the planning commission, we studied the 212 proposal and
found it difficult to understand the "need" for such a massive change to the southern part
of our city. The highway requirements for the road, the interchanges and the impact on
the adjacent areas just did not appear to be appropriate. Times have changed, we don't
have large farms west of here requiring fast city access, our city has increased over 50%
in population and certainly does not need a major, limited access highway, dividing us, and
the increased value of taxable land has increased (according to my taxes) by about 50%.
As I remember there was no definitive rationale why the old 212 was not seriously
considered for an upgrade, except that it was not reasonable. In other words, trust me I
know what is best! But for whom? I suggest that before we go ahead, you have an
opportunity:o review objective costs for major upgrades of212 and highway 5. We
know highway 5 needs serious upgrading, why can't we fold the major upgrade costs into
a plan including highway 212? It is difficult for me to believe that upgrading two well
established highways is more costly than acquiring land and developing a whole new
highway system. The 212 project gets back to a question raised before on "how are
decisions made"? Are decisions made for our community by some engineers back in St.
Paul looking at projection data, or is there a lobbying group deciding this effort is
required? I haven't heard anyone from Chanhassen saying we need this highway for our
planned progress.
Some of my strong feelings on the 212 project have been influenced by a friend of mine, a
civil engineer, who has been intimately involved with various meetings addressing the 212
project. There appears to be a question do we really need this new highway and who will
benefit the most? If it is not the general public, than we should not allow it!
Thank you for taking the time to review this letter.
Sincerely,
0-< Jf-
Dave Headla
6870 Minnewashta Parkway
Excelsior MN. 55331
cc: City Council
CITY OF
CHANHASSEN
690Cit)'CmtnDril'e, POBox 147
c;.,lIIhlSiCll, Milllle.iota 55317
Pl'olle 612.937'.1900
Gmmd hlx 612.937.5739
Eii~i;h'c;illg hlx 612.9T. 9152
Pif({,' S:Ftl F.IX 612. 93-il'i2-i
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September 1, 1998
Mr. Lowell Vetter, President
Chanhassen Lions Club
404 Highland Drive
Chanhassen, MN 55317
Dear Lowell:
After failing to reach you by phone, I decided to write. The reason for my inquiry is
to determine the Lion's position regarding your ongoing projects with the city.
As outlined in my recent correspondence to the city council, I am proposing that the
Recreation Center Playground project be abandoned. This decision would allow the
$26,000 of Lion's donations currently held in escrow to be dedicated to the Lake
Ann Ballfield Lighting Project. I trust you received copies of this earlier
correspondence. What is the Lion's position on this proposal?
Please drop me a note, stop by, or call with your response.
Thank you for all the Lions have done for our community.
Sincerely,
IJ
4; Jrt[ll~ .
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Todd Hoffman
Director of Park and Recreation
TH:gmb
c: Don Ashworth, City Manager
City Council
Park and Recreation Commission
g:\park\th\LionsLtr9-1-98
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CAROL CRITCHLOW-BENTLEY
ATTORNEY-AT-LAW
S WIDLER
-&--
BERLIN
CHARTERED
DIRECT DIAL
(202)424-7793
July 2, 1998
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VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED
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City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Attn: Mr. Don Ashworth, City Manager
Re: Notice of Transfer of Encroachment Agreement by
KMC Telecom Inc. to KMC Telecom II. Inc.
Dear Mr. Ashworth:
KMC Telecom Inc. ("KMC Telecom") and the City of Chanhassen (the "City") are
parties to that certain Encroachment Agreement dated June 16, 1997 (the "Agreement") wherein
KMC Telecom is granted the right to install telecommunications facilities in the City rights-of-
way. Section 1 of the Agreement provides that KMC Telecom may transfer the Agreement,
without consent from the City, in a pro forma transaction to another entity "under common
control with [KMC Telecom]."
This letter is to advise that, incident to a series of pro forma intra company transactions,
KMC Telecom has been reorganized into a holding company-subsidiary structure. Pursuant to
the terms ofthat certain Assignment Agreement attached hereto as Exhibit A, KMC Telecom has
transferred all of its right, title and interest in and to the Agreement to KMC Telecom II, Inc.
(KMC II"), a sister corporation under common control with KMC Telecom. Further, KMC II
has assumed all ofKMC Telecom's rights and obligations under the Agreement.
,~
- -'
3000 K STREET, N.W. . SUITE 300
WASHINGTON, D.C. 20007-5116
(202)424-7500. TELEX 701131. FACSIMILE (202)424-7643
City of Chanhassen
July 2, 1998
Page 2
If you have any questions regarding this matter, please feel free to call Jeffrey Karp at
202-424-7781. Thank you for your prompt attention to this letter.
Respectfully submitted,
C I ntchlow-Bentley
SWIDLER & BERLIN, C D.
3000 K Street, NW, Suite 300
Washington, D.C. 20007
Tel: (202) 424-7793
Fax: (202) 424-7645
Counsel for KMC Telecom Inc. and
KMC Telecom II, Inc.
Enclosures
cc: Ms. Tricia Breckenridge
Ms. Jeannette Barretta
Jeffrey M. Karp, Esquire
7018877.1
EXHIBIT LIST
Exhibit A
Assignment Agreement
Exhibit A
Assignme,t Agreement
This Assignment Agreement (this "Assignment") is entered into as of "J. 1998,
by and between KMC Telecom Inc., a Delaware corporation ("KMC Telecom ~C
Telecom II, Inc., a Delaware corporation ("KMC Telecom II").
Recitals
Whereas, KMC Telecom I entered into that certain agreement or those certain agreements
or is the franchisee under that certain ordinance or those certain ordinances more specifically
described on Schedule A attached hereto and incorporated herein by this reference (the
"Agreement," whether or not one (1) or more is described, which term shall include all
extensions, renewals, modifications, amendments and replacements thereof, if any); and
Whereas, KMC Telecom I and KMC Telecom II are each direct, wholly-owned
subsidiaries ofKMC Telecom Holdings, Inc., with virtually identical financial, management,
technical and operational capabilities; and
Whereas, KMC Telecom I desires to assign, sell, convey and transfer to KMC Telecom
II, and KMC Telecom II desires to assume and accept, all ofKMC Telecom II's right, title and
interest in and to the Agreement.
Now, therefore, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The Recitals are incorporated herein by this reference.
2. KMC Telecom I hereby assigns, sells, conveys and transfers to KMC Telecom II
all ofKMC Telecom I's right, title and interest in and to the Agreement.
3. KMC Telecom II hereby (i) accepts such assignment, sale, conveyance and
transfer of the Agreement, (ii) accepts and agrees to abide by all of the terms of the Agreement
and (iii) agrees to assume and perform all covenants, liabilities (whether fixed, known or
contingent), obligations and responsibility for all acts and omissions, known and unknown, of
KMC Telecom I arising out of, in connection with or under the Agreement.
4. Each party represents and warrants to the other that each has the full corporate
power and authority to assign and assume, as applicable, the Agreement.
5. The parties agree to execute such further documents and agreements as may be
necessary or appropriate to further evidence this Assignment.
6. This Assignment shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
In witness whereof, the parties have executed this Assigmnent as of the date and year first
wri tten.
Ki'\1C Telecom Inc.
By:
r--
ichael A. Sternberg, President
)
KMC Telecom II, Inc.
By:
\
7015058.1
- 2 -
Schedule A
Encroachment Agreement
By and Between the City of Chanhassen, Minnesota,
and KMC Telecom Inc.
dated June 16, 1997
Department of Planning & Zoning
Carver County Government Center
Administration Building
600 East Fourth Street
Chaska, Minnesota 55318-2158
Phone: (612) 361-1820
(612) 446-1722, Ext. 1820
Fax: (612) 361-1828
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RECEIVED
SEP ~ :3 1998
~
CARVER
COUNTY
CIT'Y Of I,'~r-l,...,,,nr,,, ~--
August 28, 1998
Todd Hoffman
Director
Chanhassen Parks and Recreation
690 City Center Drive
PO Box 147
Chanhassen, MN 55317
Dear Mr. Hoffman (or appropriate staff person(s)),
As part of Carver County's 1998 Comprehensive Planning Process, we are inviting you and
representatives of other agencies to discuss the vision plan and policy directions that have been
developed for the County's Parks, Trails and Open Space Plan.
One of the main goals of our 1998 Parks, Trails and Open Space Plan is to ensure coordination of
existing and planned facilities in order to provide the most efficient and accessible system possible
for Carver County residents. The information that you provided for us earlier this year helped to
create our current draft plan. We would like to have a follow-up meeting for you to review the
policies and vision that we have developed.
SRF Consulting has helped the County develop this plan, and they will be facilitating this meeting.
Please bring relevant materials for parks and trails from your agency to compare with the work the
County has done.
The meeting will be held on Wednesday, September 16, at 9:00 am at the Carver County
Courthouse in Chaska. We will be meeting in the Assessors Conference Room in the
Administration Building. Please refer to the attached map for directions. We anticipate that
the meeting will !;:le;t no longer than one and a half houre;.
We appreciate your attendance at this meeting, and hope that a coordinated effort in parks, trail
and open space planning can continue in the future. Please call Paul Moline at 361-1825 with
your plans to attend or if you have any questions.
Sincerely, <
/7 0,
I' f' .1/! /'.
i 't.-/l , It ( I'//f..--
Paul Moline, County Planner
//j t c~L .f u.~iA-
Martin Walsh, County Parks Director
,,\I.:i"';,;II; ( :kri, ,dhj/lill OJ'f'orlllllity EII/ployer
!l'>i,:.rt'l/ ti!; 1I)r-; j-\JS!-C0!1S1o!:cr Recycled Pdpl'r
CARVER COUNTY
GOVERNMENT CENTER
600 East Fourth Street
Chaska. MN 55318
(612) 361-1500
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CITY OF
CHANHASSEN
690 City Center Drive. PO Box 14;-
Cb'lnhaisen, Jlil/I/esotil 55317
Phone 612.937.1900
Gmeral Fax 61.2.9T.5739
Engineering Fax 612.937.9152
Public Stlfery Fax 61l.934.2524
\r~b !l![(!w.ci,chilllhilSSCll.mn.lIS
PUBLIC SAFETY DEPARTMENT - INSPECTIONS DIVISION
il10nthly Report - July, 1998
INSPECTIONS
July building and mechanical inspections continue at record high levels. July inspections
were the highest since I began keeping records in 1990. The previous July high was 1171 in
1996.
July Inspections
1994 1995 1996 1997 1998
Building NA 658 745 585 771
Mechanical NA 470 426 429 564
Total 1158 1128 1171 1014 1335
Inspections through July have exceeded the previous high of7478 inspections set in 1995 by
12%. Weare not able to maintain acceptable levels of inspections and permit issuance during
these peak periods even though staff is putting overtime.
The following chart graphs numbers of monthly inspections since 1995:
PSD-ID Inspections
1995 to present
1400
1200
1000 ..
800 ..
600 ..
400
200
0
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The high level of building activity has precluded building inspectors from joining the Fire
Protection Division on any fire inspections in July. It is helpful for the building inspector
responsible for the building while it was under construction to accompany the fire inspector
during his periodic inspections. Their familiarity with the building is helpful in determining if
any changes have been made.
The City lifC/Jill/hassen. A grou'p!,! ,')mmul/in' :. I:;' ('",lii .',;,',,', '.''''" .',.,":,;,.... . .....::"llOU.i!l":,.;i. ::"'11';'!<[ "!I.": :e/'ce'.illa ",.i!i:;~;i1' "'lr~s,.1 '(reat ~i;i(" fa ii:'I!, :i'OI'~, ,
Inspections Division Monthly Report
July, 1998
Page 2
Seven planning inspections were made in July. These all involved final inspections on or
complaints about fences. Planning inspections are most typically signs, fences and setbacks.
No engineering inspections, other than erosion control, were done in July. Inspectors
typically notify the Engineering Department of all damaged erosion control encountered
during normal inspections.
PERMITS
362 permits were issued by the Inspections Division in July. The July average for previous
years is 303. This month's 362 permits is the highest for a July since I began keeping records in
1990.
. VALUATIONS
Valuation of construction for permits issued in July was $7,895,900. The July average
valuations for previous years is $5,109,875. This 7.9 million dollar valuation is the second
highest valuation for a July since I've been keeping records. The highest July valuation was
$8,402,800 in 1996.
REVENUE
July revenue was $86,550. The average July revenue since 1990 is $57,106. Recall that permits
fees were raised in November, 1997.
OTHER STAFF ACTnnTffiS
Training
1. Three staff members attended the monthly Building Officials luncheon in Medina.
Residential engineered lumber applications were discussed.
2. One staff member attended the monthly Carver County Building Official's meeting in
Chanhassen. Contractor licensing was the discussion topic.
3. Two staff members. the Public Safety Director and the Assistant City Manager attended a
meeting in St. Paul with representatives of the Building Codes and Standards Division of
the Minnesota Department of Administration. We began the process of having an
evaluation of the Inspections Division done by the state.
4. All Inspections Division staff attended a CPR update class at the fire station.
5. All Inspections Division staff attend our weekly meeting on Thursdays where we discuss
new and ongoing issues.
Inspections Division Monthly Report
July, 1998
Page 3
Enforcement.
1. One stop work order was issued at a home on Lake Susan Hills Dr. The basement was
being finished without a permit.
2. An inspector discovered a shed being built without a permit on Wood Duck Ln. A permit
has since been issued.
Miscellaneous
1. An inspector followed up on a compliant about an unresolved foundation problem.
2. Possible storm damage was investigated on Longacres Dr.
3. A deck at a local bed & breakfast dwelling was investigated at the request of the Minnesota
Department of Health. The deck was judged to be structurally safe.
4. One failing Individual Sewage Treatment System (ISTS) was reported on Mandan Cir.
Progress is being made toward its replacement.
pc: Scott Harr, Public Safety Director
Inspections Division staff
City Council administrative packet
Public Safety Commission packet
G:\safety\sak\reportlJul. '98
o Ci0' Celllei' Dril'e, PO Box 147
'}',IIlI'lliiell, ,\Ii/FU'iOld 553/-
PI'olle 6/l,9T. 1900
Gmed hI" 61.!.9F.5-39
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CITY OF
CHANHASSEN
.1. I :',';l.;:.'
, CiI)o(CI'illI/'iI.""Ci/,
MEMORANDUM
TO:
Don Ashworth, Todd Gerhardt, Scott Harr, Anita Benson
Charles Folch, Dale Gregory, Mike Wegler
Todd Hoffman ~
August 4, 1998
FROM:
DATE:
City Center Park/School Walk Zone
Thank you everyone for coming together to solve the school walk zone issue at
City Center Park. With the on-going construction, a temporary walk route (see
attached map) has been established. Please continue to monitor this situation,
lending assistance where appropriate.
To date, thanks go out to: Helen Merchant, Chanhassen Elementary School
Principal for managing the establishment of the temporary walk route; David
Selinski, Carver County Deputy for coordinating extra public safety; Anita
Benson, Charles Folch, and Mike Wegler for cross walk marking and temporary
signage (extra stop sign at Market & nth); Dale Gregory and his crew for
temporary fencing and walk route signage.
Thanks again for the quick response in this time of need.
c: City Council
Public Safety Commission
Park and Recreation Commission
Helen Merchant
Dave Selinski
file
g:\park\th\ T empSchool WalkZone
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Dear Parents:
Weare eager to begin the new school year with safety in mind for the children who live
west of Kerber Boulevard. Because the City Center park construction project impacts the
walking route in your area, the City of Chanhassen and the Carver County Sheriffs
Department have joined Chanhassen Elementary in identifying a safe alternate route to
school. We have attached a map which highlights a temporary walking route for the fall
season. There will be a public safety officer along this route during the first week of
school. Temporary walking route and additional crossing signs will be posted. Safety
patrol students will be assisting students who are crossing Kerber Boulevard. We are
anticipating that the walk path behind Chanhassen Elementary will be completed by
December 1 st.
We need your help to make this a safe start to our school year. During the next couple of
days, please:
. familiarize your child with this route.
. remind your child to leave home earlier than in the past.
This route will take approximately ten minutes longer.
If you have any questions about this walking route change, please call Helen at 934-5246.
Sincerely,
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Helen Merchant
Todd Hoffman
David Selinski