79-04 - Fox Chase PUD pt 15C
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DEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106
PHONE NO. 7 7 2 -7 910 FILE NO
July 21, 1993
Mr. Peter J. Dahl
220 Frontier Court
Chanhassen, Minnesota 55317
RE: PERMIT #93-6217, PERMANENT DOCK, LOTUS LAKE (10-6P), CITY OF
CHANHASSEN, CARVER COUNTY
Dear Mr. Dahl:
Enclosed is DNR Protected Waters Permit #93-6217, which authorizes
construction of an "L" shaped extension on a permanent dock.
Please note the following special provisions of Permit 193-6217:
17. The docks shall be maintained in good condition. Any
additions or reconstruction (rebuilding at a cost exceeding
50% of replacement cost) of the docks must be authorized by
amendment to this permit. If general lake conditions, site
soil conditions, or winter ice conditions create stability
problems for the dock, the permittee shall evaluate the option
of rebuilding all or a portion of the dock with seasonal dock
sections.
18. The structure shall not be constructed with materials that
would have a detrimental impact on aquatic organisms or water
quality.
19. Cutting and destruction of aquatic vegetation shall be kept to
a minimum during construction activities. Aquatic vegetation
control is not authorized unless an appropriate aquatic plant
management permit is obtained from DNR Fisheries.
20. The permittee shall use reflectors, reflecting tape, etc. to
make the structure more visible at night and prevent the
structure from posing a safety hazard. Design of the
reflectors, etc., shall place particular emphasis on making
the structure more. visible from the directions from which
snowmobilers and other ice -on condition users of the lake are
likely to approach the dock.
In addition to the special provisions noted above, the following
important permit details are summarized below:
1. Read all permit conditions and attachments carefully. RECEIVED
2 - 1993
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF CHANHASSEN
Mr. Peter J. Dahl
Permit #93-6217
Page 2
2. The orange Permit Card must be posted conspicuously at the
project site. This will indicate a permit has been issued for
your project and may avoid unnecessary misunderstandings.
3. If there are changes in the project which could affect Lotus
Lake (10-6P) , an amendment to the permit may be required. The
regional office should be contacted to determine whether the
change necessitates an amendment.
4. The expiration date of the permit may be extended if good
cause is demonstrated. A written request for an extension
must be submitted to the Regional Hydrologist.
5. All written correspondence should be addressed to:
DNR - Metro Waters
1200 Warner Road
St. Paul, MN 55106
6. Pictures and/or as -built drawings should be submitted when the
project is completed in order to assure compliance with the
permit and to close the file.
If you have any questions or concerns, please contact Area
Hydrologist Ceil Strauss at 772-7910.
Sincerely,
n Linc Stine
Administrator
Permits & Land
Enclosure
VW.
Use Section
cc: Jo Ann Olsen, City of Chanhassen
Bob Obermeyer, Riley -Purgatory -Bluff
Gary Elftmann, USCOE
Carver SWCD
Dave Zappetillo, DNR Fisheries
Jon Parker, DNR Wildlife
Steve Walter, Conservation Officer
Ron Anderson, Central Waters
Lotus Lake (10-6P) File
Creek WSD
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STATE OF
DEPARTMENT
METRO REGION WATERS -
PHONE NO. 772-7910
July 20, 1993
OF NATURAL RESOURCES
1200 WARNER ROAD, ST. PAUL, MN 55106
FILE NO.
Mr. Charles Peterson
Fox Chase/Lotus Lake Dock & Trail Association
708 Lake Point
Chanhassen, Minnesota 55317
RE: LIMITED PERMIT #93-6164, PERMANENT MULTIPLE DOCK FACILITY,
LOTUS LAKE (10-6P), CITY OF CHANHASSEN, CARVER COUNTY
Dear Mr. Peterson:
Enclosed is DNR Limited Protected Waters Permit #93-6164, which
authorizes construction of .a permanent dock with 7 mooring spaces.
The permit is considered after -the -fact since a portion of the
project was constructed before obtaining this permit.
This .permit is limited in that it does not permit the full dock
length requested. The city of Chanhassen requires that the dock
extend only far enough to reach 4 feet of water. The DNR
regulations also limit the length of docks to that necessary to
reach 4 feet of water, and further specify that the dock must
represent the minimum impact (to the resource) alternative that
will meet navigational access needs.
Based on the city and DNR criteria, we have determined that the
last set (most lakeward) of pilings must either be removed or cut
close enough to the lakebed such that the remnants do not create a
safety hazard. Therefore, the main dock portion will extend
approximately 105 feet lakeward rather than the requested 112 feet.
Please note the following special provisions of Permit #93-6164:
18. The docks shall be maintained in good condition. Any
additions or reconstruction (rebuilding at a cost exceeding
50% of replacement cost) of the docks must be authorized by
amendment to this permit. If general lake conditions, site
soil conditions, or winter ice conditions create stability
problems for the dock, the permittee shall evaluate the option
of rebuilding all or a portion of the dock with seasonal dock
sections.
19. The structure shall not be constructed with materials that
would have a detrimental impact on aquatic organisms or water
quality.
,..I L � 2 21993
AN EQUAL OPPORTUNITY EMPLOYER CITY OFCHANHASSEha
Mr. Charles Peterson
July 20, 1993
Page 2
20. Cutting and destruction of aquatic vegetation shall be kept to
a minimum during construction activities. Aquatic vegetation
control is not authorized unless an appropriate aquatic plant
management permit is obtained from DNR Fisheries.
21. The permittee shall use reflectors, reflecting tape, etc. to
make the structure more visible at night and prevent the
structure from posing a safety hazard. Design of the
reflectors, etc., shall place particular emphasis on making
the structure more visible from the directions from which
snowmobilers and other ice -on condition users of the lake are
likely to approach the dock.
In addition to the special provisions noted above, the following
important permit details are summarized below:
1. Read all permit conditions and attachments carefully.
2. The orange Permit Card must be posted conspicuously at the
project site. This will indicate a permit has been issued for
your project and may avoid unnecessary misunderstandings.
3. If there are changes in the project which could affect Lotus
Lake (10-6P), an amendment to the permit may be required. The
regional office should be contacted to determine whether the
change necessitates an amendment.
4. The expiration date of the permit may be extended if good
cause is demonstrated. A written request for an extension
must be submitted to the Regional Hydrologist.
5. All written correspondence should be addressed to:
DNR - Metro Waters
1200 Warner Road
St. Paul, MN 55106
6. Pictures and/or as -built drawings should be submitted when the
project is completed in order to assure compliance with the
permit and to close the file.
Mr. Chuck Peterson
July 20, 1993
Page 3
If you have any questions or concerns, please
Hydrologist Ceil Strauss at 772-7910.
Sincerely,
J n Linc
Stine
Administrator
Permits &
Land Use Section
Enclosure
cc: Jo Ann Olsen, City of Chanhassen
Bob Obermeyer, Riley -Purgatory -Bluff Creek WSD
Gary Elftmann, USCOE
Carver SWCD
Dave Zappetillo, DNR Fisheries
Jon Parker, DNR Wildlife
Steve Walter, Conservation Officer
Ron Anderson, Central Waters
contact Area
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Messrs. Hempel and Krause
June 15, 1993
Page 2
3. Failure to enforce the development conditions of
the development contract by failing to require
architect or civil engineer certification prior to
granting building permits for. 6411, regarding sur-
face and subsurface drainage.
4. Failure to enforce the restrictive covenants and
conditions w ii:h are of public record against the
properties on -the subject development area.
5. Failure to heed the warnings of Mr. Klouda at the
time of construction at 6411 of the drainage pro-
blem potential.
6. Allowing construction of the retaining wall behind
6411 Fox Path and properties to the South of that
residence which has directed the flow of water onto
the Klouda premises.
The above referenced list constitutes in our view, breach of
duty of due care owed by the City to Mr. Klouda.
Please be advised that this notice shall be construed, pur-
suant to Minnesota Statutes Section 466.05, as notification
of claim against the City.
Thank you in advance for your prompt attention to this mat-
ter.
Very truly yours,
STANDK/E, GREENE & GREENSTEIN, LTD.
H. Kelsey Page
HKP/jf
cc: Client
RECxf
F
ROBERT A. STANDKE
MARK E. GREENE
DANIEL B. GREENSTEIN
H. KELSEY PAGE
MARCIA S. ROWLAND
LAW OFFICES
STANDKE, GREENE & GREENSTEIN, LTD.
17717 Highway 7
Minnetonka, Minnesota 55345
June 15, 1993
'JI N, .1 A 199?
^ff y OF
AREA CODE 612
TELEPHONE 474-3221
TELEFAX 474-2575
Mr. David C. Hempel Mr. Paul Krause
Sr. Engineering Technician Planning Director
City of Chanhassen City of Chanhassen
690 Coulter Drive 690 Coulter Drive
P.O. Box 147 P.O. Box 147
Chanhassen, Minnesota 55317 Chanhassen, Minnesota 55317
Re: My Client: Timothy C. Klouda, 6401 Fox Path; Notice of
Claim
Dear Gentlemen:
I want to bring to your attention the continuing water drain-
age problems onto my client's property at 6401 Fox Path,
which problems appear to have arisen from the alteration of
the grade at 6411 Fox Path, and probably property to the West
and South. I understand the City at one time attempted to
rectify this situation by placing some drain tile in between
6401 and 6411 and hooking the same into the storm sewer sys-
tem running in front of those residences. Those efforts have
proven either defective or insufficient as water is inundat-
ing my client's premises.
This situation needs immediate attention as not only is my
client's lawn and other landscaping being damaged but so is
his house, garage, driveway and other improvements to the
premises. I would estimate the known damage at present at
over $10,000.00.
Having reviewed the City documents on this matter, in our
view, the City has liability on this matter by virtue of at
least the following circumstances;
1. Allowing alteration of the grade of 6411 Fox Path
which has created the flow onto the Klouda pro-
perty.
2. Allowing a drainage system at 6411 Fox Path which
discharged onto the public street in violation of
City ordinances.
Messrs. Hempel and Krause
June 15, 1993
Page 2
3. Failure to enforce the development conditions of
the development contract by failing to require
architect or civil engineer certification prior to
granting building permits for 6411, regarding sur-
face and subsurface drainage.
4. Failure to enforce the restrictive covenants and
conditions which are of public record against the
properties on the subject development area.
5. Failure to heed the warnings of Mr. Klouda at the
time of construction at 6411 of the drainage pro-
blem potential.
6. Allowing construction of the retaining wall behind
6411 Fox Path and properties to the South of that
residence which has directed the flow of water onto
the Klouda premises.
The above referenced list constitutes in our view, breach of
duty of due care owed by the City to Mr. Klouda.
Please be advised that this notice shall be construed, pur-
suant to Minnesota Statutes Section 466.05, as notification
of claim against the City.
Thank you in advance for your prompt attention to this mat-
ter.
Very truly yours,
STANDKE, GREEiIE & GREENSTEIN, LTD.
H. Kelsey Page
HKP/jf
cc: Client
"7q --14
CITY OF pao
CHANHASSEN
690 COULTER DRIVE e P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1C00 0 FAX (612) 937-5739
July 5, 1990
517, Fox "
F
Mr. Chuck VanEeckhout
Suite 165
1935 Wayzata Blvd.
Long Lake, MN 55316
Dear Mr. VanEeckhout:
Attached please find the description for the proposed utility
easement desired by the City. I continue to believe that you would
be in the best position to obtain this easement given the
negotiations you have carried out with the property owner to date.
It is my understanding that he may additionally be interested in
signing the easement as a washout has occurred in this area and he
is seeking assistance from the City in correcting that problem.
The City could not legally move into the easement area and carry
out reconstruction if we do not have the easement itself.
During our telephone conversation you noted that you wish to appeal
the requirement to obtain the easement directly to the City
Council. Later in that conversation you noted, again, your
negotiations with the owner and willingness to obtain the easement
if you had the description. I would like to proceed with the
secondary course of action until such time as it is shown that you
cannot obtain the easement.
If you have any questions in regards to this letter, please feel
free to contact Dave Hempel of our Engineering Department. Dave
has also been in contact with the property owner and a joint
meeting between the three of you may be warranted.
Sincerely,
Don Ashworth
City Manager
DA
Enclosure
July 26, 1984
City of Chanhassen
690 Coulter Street
Chanhassen, Minnesota 55317
RE: Derrick Land Company: Fox Chase
Gentlemen:
This letter is given in lieu of the bond normally required
by the City of Chanhassen (the "City") to secure completion
of residential subdivision improvements (the "Subdivision
Improvements"). Derrick Land Company (the "Developer") is
the developer of Fox Chase, Carver County, Minnesota.
on July 2, 1984, the Developer executed a Promissory
Note, a Mortgage and a Development Loan Agreement (the
"Development Loan Agreement") with National City Bank of
Minneapolis (the "Lender") in the amount of $1,675,000, of
which $822,111 (the "Subdivision Improvement Amount") is ear-
marked.to pay.for the cost of the Subdivision Improvements
required by the Planned Residential Development Contract
dated July 20, 1983, amended as of August 6, 1984, between
the Developer and the City (the "Development Contract").
1. The disbursement of all funds from the proceeds of
the loan from the Lender to the Developer shall be made by
Lender through Universal Title Insurance Company (the "Dis-
bursing Agent")., The disbursement of the Subdivision
Improvement Amount shall be made pursuant to the terms of
the Construction Loan Agreement as modified by the terms of
this letter.
2. In the ordinary course, disbursements of the Sub-
division Improvement Amount shall be made upon the joint
authorization of the Lender and the City to the Disbursing
Agent.
3.. If the Developer fails to perform its obligations
under the Development Contract and the City has complied
with the terms of that certain letter from the City to
Lender, the Disbursing Agent and the Developer dated the
6
a
City of Chanhassen
July 26, 1984
Page 2
date hereof, disbursement of the Subdivision Improvement
Amount shall be made to the City upon the individual autho-
rization of the City addressed to the Lender and the Dis-
bursing Agent, signed by the Mayor or Clerk of the City, and
accompanied by a certificate -signed on behalf of the City
stating that the Developer has failed to perform its obliga-
tions under the Development Contract and specifying the
terms of noncompliance. The maximum amount which the Lender
shall be obligated to disburse to the City under this para-
graph shall equal the Subdivision Improvement Amount less
any amounts previously disbursed by,the Lender to the Bor-
rower under the Development Loan Agreement for Subdivision
Improvements.
4. The Developer hereby -consents to the disbursement
of the Subdivision Improvement Amount pursuant to the terms
of this letter.
5. The Lender's obligations to disburse funds pursuant
to this letter agreement shall not be affected by the Devel-
oper's breach of the loan agreement or by the bankruptcy,
insolvency, or financial situation of the Developer at the
time disbursement requests are made.
6. This letter agreement shall expire July 1, 1985,
subject to extension for a period of six (6) months at the
option of the Lender.
NATIONAL CITY BANK OF
MINNEAPOLIS
By ryaz-
Its
DERRICK LAND C• •
L�+ rim _v�ti`i
UNIVERSAL TITLE INSURANCE
COMPANY
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